August, 2000 ResumePage 1

- 1 -

TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIVISION 1:Pursuant to CRS, 37-92-302, you are hereby notified that the following pages to comprise a resume ofapplications and amended applications filed in the office of the Water Clerk for Water Division No. 1during the month of August, 2000.

2000CW125 FRED & VENITA MARTIN, 15825 W. 11th Place, Golden, CO Application forUnderground Water Right, IN PARK COUNTY. Martin Spring Well is located in S20, T13S, R74W, 6th

P.M., a/k/a Lot 15, Nine Mile Heights Subdivision. Source: Spring Appropriation: 6/3/98 Amountclaimed: 3 gpm (CONDITIONAL)-1 a/f annually Proposed use: Irrigation of approximately 1 acre oflawn and gardens. Remarks: This spring has already been developed for watering cattle. Has anapproximate 500 gal tank which will be removed & replaced with our tank. Spring is poorly developed andusually stops running in July. We believe by better developing spring can increase the flow. (2 pages)

2000CW126 FRANK & DOROTHY CADA, 3200 S. County Road 29, Loveland, CO 80537.Application for Underground Water Right, IN LARIMER COUNTY. Cada Well #52295 is located in theNE1/4NW1/4, S36, T5N, R70W, 6th P.M., 1068’ S and 81’ W of the N boundary and E boundary of theNW1/4 of S36. Source: Groundwater Depth: 400’ Appropriation: 3/1/1972 Amount claimed: 10 gpmProposed use: Household use and irrigation of ¼ acre of lawns and gardens. (2 pages)

2000CW127 JAMES A. & BEVERLY A. DEUTSCH TRUST, 12540 N. 5th St., Parker, CO 80134.Application for Underground Water Right, IN DOUGLAS COUNTY. Deutsch Well is located in theNE1/4 of S7, T6S, R66W, 6th P.M., a/k/a Lot 2, Block 14, Grandview Estates. Source: GroundwaterAppropriation: 1973 or possibly 1972 Amount claimed: 15 gpm Proposed use: Household use andirrigation of 12’ x 63’ and 45’ x 45’ area of lawns and gardens. Remarks: 1st owner: Earl Troutner (2pages)

2000CW128 (98CW400) (85CW308) (81CW086) (W-7726-74). APPLICATION FOR CHANGE OFWATER RIGHT TO CHANGE LOCATION OF POINT OF WITHDRAWAL OF NONTRIBUTARYGROUND WATER. CONCERNING THE APPLICATION FOR WATER RIGHTS OF CPV, INC., ACOLORADO CORPORATION, AND CASTLE PINES METROPOLITAN DISTRICT, ACOLORADO QUASI-MUNICIPAL CORPORATION, IN THE NONTRIBUTARY DAWSON ANDDENVER AQUIFERS, IN DOUGLAS COUNTY. COME NOW Co-Applicants, CPV, Inc., a Coloradocorporation (hereafter “CPV”), the owner of the decreed “Burns Well,” and Castle Pines MetropolitanDistrict (hereafter “District”), a Colorado quasi-municipal corporation, with ownership interest in thedecreed ground water rights associated with such well, pursuant to a Special Warranty Deed, dated July 7,2000, and jointly seek a Decree of the Water Court granting the right to the District to withdraw suchnontributary ground water through existing and future well(s) located within the boundaries of the District.The Burns Well was originally decreed to and in the name of Daniel F. Burns, in Case No. W-7726-74,entered on March 15, 1977. 1. Name and Address of Owner and Applicants:CPV, Inc. a Colorado Corporation Castle Pines Metropolitan District900 West Castleton Road, Suite 125 5880 Country Club DriveCastle Rock, Colorado 80104 Castle Rock, Colorado 80104(303) 688-6300 (303) 688-8330Please direct all correspondence and inquiries about this application to:Robert E. Schween, P.C. Holly I. Holder, P.C.P. O. Box 262104 518 Seventeenth Street, Suite 1500Highlands Ranch, Colorado 80163-2104 Denver, Colorado 80202Telephone: (303) 471-5150 Telephone: (303) 534-3636Facsimile: (303) 471-3103 Facsimile: (303) 534-69052. Decreed Name of Structure and Water Right for Which a Change is Sought: The Burns Well:

(Original Decree: Case No. W-7726-74; Change Decree: Case No. 98CW400). 3. FromPrevious Decrees: A. Date Entered: (1) Original Decree: March 25, 1977, in the Water Court in and forWater Division 1, State of Colorado. (2) Change Decree: April 28, 1999, in the Water Court in and forWater Division 1, State of Colorado. B. Decreed Location of Burns Well: See General Location Map,

August, 2000 ResumePage 2

- 2 -

Exhibit A. (1) Original Location: In the SE¼ NW¼ of Section 22, Township 7 South Range 67 West ofthe 6th P.M., at a point 2600 feet South and 1840 feet East of the NW corner of said Section 22. (2)Changed Location: In the NE¼ SW¼ of said Section 22, at a point 1568 feet from the South section lineand 2465 feet from the West section line of Section 22. C. Source: Nontributary ground water from theDawson and Denver aquifers. D. Appropriation Date: March 17, 1972. [The well is a “pre-SB 213” well.]E. Amount: 0.27 cfs (absolute). Limited by well permit to 100 acre-feet per year which is allocated asfollows: (1) Lower Dawson Aquifer: 55 acre-feet per year. (2) Denver Aquifer: 45 acre-feet per year. F.Use: Municipal, commercial, and irrigation of up to 64 acres. 4. Ownership of Water Right: A. BySpecial Warranty Deed, dated January 10, 1985, the Burns Family Limited Partnership conveyed the BurnsWell and water rights which are the subject of this application to Castle Pines Land Company. Seeattached Exhibit B. B. By Bargain and Sale Deed, dated January 21, 1996, and by Quit-Claim Deed, datedJuly 7, 2000, Castle Pines Land Company conveyed the well and water rights in question to Applicantherein, CPV, Inc. See attached Exhibit C and D. C. By Special Warranty Deed, dated July 7, 2000, CPVgranted the water rights associated with such decreed well to the District, which deed currently is beingheld in escrow pending resolution of this case. See attached Exhibit E. 5. Proposed Changes in WaterRight: A. Applicants do not seek to enlarge, expand, or increase the decreed quantity of water which maybe applied to beneficial use from this water right. The changes requested herein will not injuriously affectother owners of or persons entitled to use water under vested water rights or decreed conditional waterrights. B. Change in Location of Water Right: (1) In October, 1998, the Engineering-Consulting firm ofTST Inc. of Denver conducted a land survey to find and to fix accurately the location of the Burns Well.Their survey found that the actual location of the well is in the NE¼ SW¼ of Section 22, at a point 1568feet from the South section line and 2465 feet from the West section line of Section 22. The actual welllocation of the well is approximately 1306 feet southeasterly of the originally decreed and permitted welllocation. The General Location map showing both the originally decreed location and the actual location ofthe well is attached hereto as Exhibit A. Such change of location was recognized in the Water Courtdecree in Case No. 98CW400 as an additional well to the originally permitted and decreed location, on thecondition that the cylinders of appropriation of the well shall remain centered around the well’s originallydecreed location. (2) The nontributary groundwater rights decreed to such well are now owned by theDistrict, subject to the aforementioned escrow, and are to be operated as part of the District’s water system.The District wishes to withdraw such ground water through existing and planned District wells completedinto the Lower Dawson and Denver aquifers (the general locations of which are shown on the WellLocation Map, attached as Exhibit F, and listed by location in Exhibit G), and/or through any combinationof replacement wells and additional wells to be completed into each of the two aquifers in those portions ofthe District located in Sections 15, 16, 17, 20, 21, and 22, Township 7 South, Range 67 West, of the 6th

P.M. in Douglas County. The 55 acre-feet per year allocated to the Lower Dawson aquifer shall bewithdrawn through District wells completed into the Lower Dawson aquifer, and the 45 acre-feet per yearallocated to the Denver aquifer shall be withdrawn through District wells completed into the Denveraquifer. Each such amount is in addition to the annual amounts previously decreed for withdrawal fromsuch District wells in Case Nos. 85CW468 and 85CW469. (3) The District intends to integrate the groundwater rights decreed in Case No. W-7726-74 and subject to this application into its existing decreed wellfield. All such well locations are more interior to the District than the existing decreed well location andare more interior to the District relative to the well’s existing cylinder of appropriation. 6. Name andaddress of Owner of Land on Which Wells are Located: Castle Pines Metropolitan District owns allwell locations depicted and described on Exhibits F and G. The existing Burns Well is owned by CPV.WHEREFORE, Applicants ask the court to enter a Decree granting the application herein and awarding therequested changes of water right as specified above and specifically determining that: (1) The decreedBurns Well water rights, as decreed in Case No. W-7226-74 and as changed by the decree in Case No.98CW400, may be withdrawn through the District’s wells as shown in Exhibit F and as listed in Exhibit Ghereto, in addition to the annual amounts previously decreed for withdrawal from those wells, each suchlocation being designated as an alternate point of diversion in replacement of the Burns Well locationdecreed in Case No. 98CW400, and through any combination of replacement wells and additional wells tobe completed into the Lower Dawson and Denver aquifers by the District; (2) The changes requested andawarded by the Court will serve to reflect the appropriate locations for withdrawal of such decreednontributary ground water rights; (3) The exercise of such ground water rights will not injuriously affectany owner or person entitled to use water under a vested water right or a decreed conditional water right;

August, 2000 ResumePage 3

- 3 -

and (4) No other changes or amendments in the existing decree are sought or are necessary at this time.FURTHER, Applicants, CPV, Inc., and Castle Pines Metropolitan District, pray this Court grant such otherrelief in the matter, as it deems proper and necessary.

2000CW129 Application for Change of Water Rights. Concerning the Application for Water Rights ofJACKSON CREEK PROPERTIES, LLC, IN DOUGLAS COUNTY. 1. Name, address, and telephonenumber of Applicant: Jackson Creek Properties, LLC, 5680 West Jackson Creek Road, Sedalia, CO 80134,(303) 814-0603. (Holly I. Holder, PC, 518 Seventeenth Street, Suite 1500, Denver, CO 80202-4162, (303)534-3636) REQUEST FOR CHANGE OF WATER RIGHT 1. Name and location of structure: WestPlum Creek Diversion, located in the NE¼ NW¼ of Section 23 and/or in the SE¼ SW¼ of Section 14,Township 8 South, Range 68 West of the 6th P.M., at a point approximately on the north section line andapproximately 2,250 feet east of the NW corner of said Section 23, as decreed in Case No. 98CW471,District Court, Water Division 1. 2. Applicant requests an alternate point of diversion for the above-referenced water right, which is described as follows: Beginning at the east quarter corner of Section 27,Township 8 South, Range 68 West, of the 6th P.M., thence S 89°11’41” E along the south line of the PlumCreek Estates Subdivision in Douglas County, Colorado, approximately 1450.0 feet to the center line ofWest Plum Creek. 3. Rate of flow: 10 cfs (conditional). 4. Source: West Plum Creek, a tributary to theSouth Platte River. 5. Date of appropriation: December 15, 1998. 6. Name of owner of land on whichalternate point of diversion will be located: Plum Creek 6 and 7 Trust; Plum Creek 8 Trust. (See attachedEasement Agreement) WHEREFORE, Applicant prays that this Court enter a decree granting theapplication requested herein and for such other and further relief as this Court deems just and proper in thepremises.

2000CW130 MICHAEL E. KING, AMY E. KING, CHRISTOPHER D. KING, KELLEY KING,12529 Country Meadows Drive, Parker, CO 80134. Application for Underground Water Right, IN PARKCOUNTY. Katie’s Well #144253 is located in the NE1/4NE1/4, S33, T9S, R76W, 6th P.M., 1050’ fromthe N section line and 900’ from the E section line. Source: Groundwater Appropriation: November,1986 Amount claimed: 15 gpm Proposed use: Domestic single-family dwelling plus three out-buildings,irrigation of not more than one acre of garden and lawns and watering of domestic animals. Name ofaddress of owners of land on which well is located: Michael E. and Amy E. King. 12529, CountyMeadows Drive, Parker, CO 80134. Kelley and Christopher D. King, 1074 E. Iliff Way, Superior, CO80027. ( 2 pages)

2000CW131 SLUTSKY AND SUSAN MOORE, d/b/a LA LUNA DAIRY, INC. 9003 NorthCounty Road 9, Wellington, CO 80549. (Zachary G. Wilson, LIGGETT, SMITH & WILLIAMS, P.C.,425 West Mulberry, Suite 112, Fort Collins, CO 80521). APPLICATION FOR CHANGE OF WATERRIGHT – CHANGE IN USE (AGRICULTURAL TO INCLUDE LIVESTOCK WATERING), INLARIMER COUNTY.1. Name, address and telephone number of applicant:

Jon Slutsky and Susan Moore, d/b/a La Luna Dairy, Inc.9003 North County Road 9Wellington, CO 80549(970) 568-7314

2. Decreed name of structure for which change is sought:

a. Well No. 1-15734.

3. From previous decree:

a. Date entered: May 2, 1973. Case No. W-1731Court: District Court (Water Court), Water Division I

Modified: September 18, 1992. Case No. 92CW027

August, 2000 ResumePage 4

- 4 -

Court: District Court (Water Court), Water Division I

b. Decree point of diversion:

The irrigation of approximately forty-five (45) acres in the Northeast quarter of Section29, Township 9 North, Range 68 West, located approximately 1 mile Northwest ofWellington, Colorado, with an original appropriation date of July 9, 1949. In Case No.92 CW 027, the decreed location of the well was corrected as: SW 1/4, NE 1/4, Section29, T9N, R68W, 6th P.M., Larimer County, Colorado at a point 2214 feet South and 2620feet West of the NE corner of Section 29. The decreed irrigation use of well 1-15734 wasredefined in Case No. 92 CW 027, to include only the 26 acres of land comprising thewestern portion of the La Luna Dairy property. (See map attached as Exhibit A)

c. Source: groundwater.

d. Appropriation Date: July 9, 1949.

e. Amount: 1.733 cubic feet per second. (780 gpm)

4. Beginning in 1993, water pumped from well 1-15734 has been delivered to the irrigated propertyvia a 900-foot; 6-inch buried pipeline for furrow irrigation of the specified twenty-six (26) acres. The wellis included in an augmentation plan operated by the Larimer County Underground Water Users Association(LCUWUA). The arrangement with the LCUWUA provides seventy-eight (78) acre-feet per year inaugmentation water.

5. The historic period for analysis of crop consumptive use was defined as 1993-1999, sinceirrigation of the 26 acres specified in Case No. 92 CW 027 began in 1993. Although the applicant owns theland irrigated by well 1-15734, the applicant leased this land to Grant Family Farms during this period.The crops grown by Grant Family Farms are summarized below in table 1.

Table 1.Historical Crops Irrigated by Well 1-15734 (1993 to 1999)

Year Crop Planting Date Harvest Date Growing Days1993 Winter squash 5/20 9/20 1231994 Pumpkins 5/20 10/7 1401995 Spring wheat 3/15 7/25 1321996 Winter squash 6/03 9/20 1091997 Pinto Beans 5/25 9/15 1131998 Winter squash 5/25 9/15 1131999 Pinto Beans 5/30 10/1 124

6. The applicant is seeking to change the decreed “agricultural” use to include “livestock watering”.The applicant intends to use the well, to the extent possible, for livestock watering purposes. Delivery ofwell-water for livestock watering purposes would require extending the existing pipeline directly into atemporary storage tank, which would then provide water to the applicants dairy operation. The applicanthas obtained an engineering report from Water Consult, Engineering and Planning Consultants of LovelandColorado quantifying the amount of well-water that, following a change of the decreed use, could betransferred for livestock watering purposes within the diary operation. The amount available for transferdirectly corresponds to the consumptive use of the crops to which the well-water was historically applied.

a. Historic Crops. Water Consult determined the consumptive use of water, orevapotranspiration, for each crop during each year during the applicable historicperiod. Water Consult also determined basal crop coefficients, representingwater use of a healthy well-watered crop where the soil surface is dry. The

August, 2000 ResumePage 5

- 5 -

methodology divided the growing season into four stages: initial stage, canopydevelopment, mid-season, and maturation. The determination also includedadjustments for effective rainfall. Based upon the Water Consult report, for theseven-year period of record, the estimated average annual crop consumptive useon the 26 acre parcel irrigated by Well 1-15734 was 32.55 acre-feet. The annualconsumptive use estimate ranged from approximately 19 acre-feet in 1995 withspring wheat to nearly 42 acre-feet in 1999 with pinto beans.

b. Historic Well Pumping. Due to the absence of pumping records for Well 1-15734, the annual pumping for the period 1995-1999 was interpolated fromhistorical electrical records using a methodology developed by the U.S.Geological Survey (“U.S.G.S.”). Electrical records for 1993 and 1994 were notavailable from Poudre Valley REA.

1. A pumping test of the well performed by Water Consult on January 15, 2000, inaccordance with the U.S.G.S. methodology, resulted in a power consumption coefficientof 128.66 Kilowatt hours per acre-feet. By dividing the monthly electrical usage valuefrom the historical electrical records by the power consumption coefficient, monthlyestimates of the historical pumping of Well 1-15734 for the period 1995 – 1999 weredeveloped. The monthly pumping estimates were then summed to provide annualpumping estimates. The annual return flow was then estimated by subtracting the annualcrop consumptive use from the annual amount of water pumped. For the period of record(excluding 1993 and 1994), the average annual historical pumping was 63.08 acre-feet.Subtracting the estimated average annual consumptive use of 32.55 acre-feet from theaverage annual pumping yields an annual return flow of 30.53 acre-feet.

c. Maintenance of Historical Return Flows. Subject to the terms of the decreebeing applied for, the applicant will transfer the average annual consumptive useof 32.55 acre-feet per year for Well 1-15734 to annual year-round use within thedairy operation. The applicant anticipates that this use will average 2.71 acre-feet/month, but pumping may vary in any one month from 1 to 5 acre-feet.

The proposed change of use will provide a net benefit to underground return flow for thefollowing reasons:

1). Total pumping will be reduced from 68.08 acre-feet per year to 32.55 acre-feetper year, a forty-eight percent (48%) reduction. Historic return flows from the irrigationwill simply be left in the aquifer and not pumped.

2). Pumping during the irrigation season (April through September) for this well,will be reduced from an average of 63 acre-feet per year to an average of 16 acre-feet peryear.

3). A totalizing flow meter will be installed on the discharge of Well 1-15734 tomeasure the amount of water actually pumped. Annual pumping will be limited at 32.55acre-feet. Annual pumping data will be provided to the water commissioner to verify thatno more than 32.55 acre-feet is pumped each year.

4). Subject to approval of the LCUWUA, the applicant will continue its existingaugmentation plan through the LCUWUA.

5). The applicant will store a portion of the process water from the wells in pondson the property. Process water in these ponds will be used for irrigation (exact amountand timing of these applications is uncertain at this time), on a portion of the 26 acreshistorically irrigated by Well 1-15734. Therefore, some additional return flows will

August, 2000 ResumePage 6

- 6 -

accrue to the aquifer from agronomic application of the dairy process water. Theapplicant may claim any credit for these return flows, but under a future, separate decree.

7. Name and address of owner of land on which structure is located:Ray and Judy Nauta9231 N. Cty. Rd. 9Wellington, CO 80549 (5 pages; Ex. A-1 page)

2000CW132 JOHNNIE B. SYKES, 12138 N. 3rd , Parker, CO 80134. Application for UndergroundWater Right, IN DOUGLAS COUNTY. Sykes Well 44156-A is located in the SE1/4SW1/4, S7, T6S,R66W, 6th P.M. Source: Non-tributary Dawson Denver groundwater Depth: 180-280’ Appropriation:4/18/88 Amount: 4700 (1 a/f annually) Proposed use: (CONDITIONAL)Domestic and irrigation of a4700 area of lawns and gardens. ( 2 Pages)

2000CW133 RICHARD L. TODD & MARILYN L. EILAND, 12067 N. 4th St., Parker, CO 80134.Application for Underground Water Right, IN DOUGLAS COUNTY. Todd Well #53118 is located inthe SW1/4SE1/4, S7, T6S, R66W, 6th P.M., 250’ from S section line and 2440’ from E section line, a/k/aLot 9, Block 28, Grandview Estates. Source: Groundwater Appropriation: 3/15/1972 Amount claimed:10 gpm Proposed use: House and lawn-Vegetation on acreage irrigated only to prevent erosion and loss oftop soil (2 pages)

2000CW134 STEPHEN E. REED AND MARGARET C. MCBRIDE, 12062 N. 1st Street, Parker,CO 80134. Application for Underground Water Right, IN DOUGLAS COUNTY. Reed well #185801 islocated in the SW1/4SW1/4, S7, T6S, R66W, 6th P.M., 250’ from the S section line and 215’ from the Wsection line, a/k/a Lot 4, Filing 3, Block 30, Grandview Estates. Source: Groundwater Depth: 505’Appropriation: 4/3/1997 Amount claimed: 15 gpm If well is non-tributary: A. Name of aquifer: DenverAquifer B. Amount claimed in acre feet annually: 3.3 acres Use: Domestic with irrigation of 1.5 acres oflawns and gardens. (2 pages)

2000CW135 APPLICATION FOR WATER RIGHTS OF PAUL R. KRAGH, JAMES W.KRAGH, LOREN G. KRAGH, EDWIN C. KRAGH, MARY EVELYN KRAGH, JANE KRAGHAND LORAINE K. DAUGHERTY A/K/A SARAH LORAINE DAUGHERTY AS TRUSTEE OFTHE DAUGHERTY FAMILY TRUST (Wendy S. Rudnik, Esq., Bernard, Lyons, Gaddis & Kahn, P.C.,515 Kimbark Street, Longmont, CO 80501, (303) 776-9900), Application for Determination ofNontributary Underground Water Rights in the Laramie-Fox Hills Aquifer and the Lower ArapahoeAquifer, in Weld County. 1. Applicants: Paul R. Kragh, James W. Kragh, Loren G. Kragh, Edwin C.Kragh, Mary Evelyn Kragh, Jane Kragh and Loraine K. Daugherty (a/k/a Sarah Loraine Daugherty) asTrustee of the Daugherty Family Trust, as tenants in common c/o Loren G. Kragh, 28903 8th Ave. South,Federal Way, WA 98003, (253) 946-3653.2. Well Permits: No wells or well permits currently exist. Well permits for the wells to be constructedshall be applied for at such time as the Applicants or their successors, or assigns are prepared to constructthe wells pursuant to the terms of this decree and applicable Colorado law. 3. Legal Description of Wellsand Subject Property: The wells will withdraw nontributary ground water from the Laramie-Fox Hillsaquifer and the Lower Arapahoe aquifer underlying the approximately 320 acres of land in the W ½ ofSection 23, Township 1 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado asdescribed in the deed attached as Exhibit A and as shown on the map attached as Exhibit B (the SubjectProperty). Applicants claim the right to drill and complete such wells anywhere on the Subject Property torecover and use all physically and legally available water from the Laramie-Fox Hills and the LowerArapahoe aquifers as claimed herein. 4. Source of Water: a) The source of ground water to bewithdrawn by Applicants from the Laramie-Fox Hills and the Lower Arapahoe aquifers is nontributaryground water as defined in Section 37-90-103(10.5), C.R.S. Applicant will comply with requirements torelinquish to the surface stream system two percent of all such nontributary ground water withdrawn on anannual basis. Otherwise, said water may be fully consumed to extinction for all beneficial uses. b)Estimated Depth: Each well will be completed to the bottom of the aquifer, which Applicant estimates tobe approximately 1200 feet below land surface for the Laramie-Fox Hills aquifer and 600 feet below land

August, 2000 ResumePage 7

- 7 -

surface for the Lower Arapahoe aquifer. The depth is approximate and is based on geologic andtopographical information available from the Colorado State Engineer’s office. Actual well completiondepth may vary from this estimate based on the actual conditions below the Subject Property. 5.Estimated Amount and Rate of Withdrawal: The wells will withdraw ground water at a rate of flownecessary to efficiently withdraw the entire decreed amount. The estimated average annual amount ofground water available for withdrawal by the Applicants is based upon information contained in the DenverBasin Rules, 2 C.C.R. 402-6. Applicants estimate the following values and average annual amounts arerepresentative of the Laramie-Fox Hills and Lower Arapahoe aquifers at this location:

AcresSaturated Sand

Thickness Specific YieldAverage Annual

WithdrawalLaramie-Fox HillsAquifer 320 150 ft. 15% 72 acre feet

Lower ArapahoeAquifer 320 75 ft. 17% 40.8 acre feet

6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw allof the legally available ground water lying below the Subject Property through any wells which may becompleted in the future, as Applicants’ well field. Applicants will file applications with the State Engineerpursuant to § 37-90-137(10), C.R.S. prior to construction of any wells. 7. Proposed Uses: Applicantsintend to use, reuse, and successfully use; and after use, lease, sell or otherwise dispose of for municipal,domestic, agricultural, commercial, irrigation, stock watering, recreational, fish and wildlife, fire protectionand any other beneficial use on or off the Subject Property. The water may be immediately used or storedfor subsequent use, used for exchange purposes, for direct replacement of depletions, and for otheraugmentation purposes, including taking credit for all return flows resulting from the use of such water foraugmentation for or as an offset against any out-of propriety depletions. 8. Name and Address of Ownerof the Land: Applicants. 9. Determination Sought Herein: a) Applicant seeks a determination that allof the ground water underneath the Subject Property in the Laramie-Fox Hills and Lower Arapahoeaquifers may be withdrawn subject to the terms and conditions included in a decree to be entered in thiscase, and that the Applicants are the owners of said ground water. b) Applicants are the owners of theoverlying land, or have the consent of the owner of the overlying land, to adjudicate all such ground waterunderlying said land. The average annual amount determined to be available in the decree can bewithdrawn without causing material injury to the vested rights of others, provided that the terms andconditions in said decree are complied with. c) Applicants ask the Court to determine that Applicants havethe right to withdraw all of the ground water in the Laramie-Fox Hills and Lower Arapahoe aquifers underthe Subject Property through any wells initially permitted in such aquifers, and any additional wells whichmay be permitted and completed in the future on the Subject Property. Applicants request the initial wellspermitted in such aquifers along with any additional wells shall be treated as a well field. d) Applicantsrequest that each well may withdraw water at the rate necessary to withdraw the full allowed annualamount of ground water from the Laramie-Fox Hills and Lower Arapahoe aquifers. e) Applicants claimthe right to withdraw more than the average annual amount estimated in this application pursuant to Rule8.A of the Statewide Nontributary Groundwater Rules, 2 C.C.R. 402-7. f) Although the Applicants haveestimated the amount of water available for withdrawal from the Laramie-Fox Hills and Lower Arapahoeaquifers, Applicants request the right to revise that estimate upward or downward based on actual data orbetter data available at the time of withdrawal without the necessity of amending this application orrepublishing the same. Applicants request the right to invoke the retained jurisdiction of the Courtprovided for in § 37-92-305(11), C.R.S. to adjust the amount of water available for withdrawal from suchaquifer.WHEREFORE, Applicants request this Court to enter a decree: 1) Granting the application herein andawarding final water rights from the Laramie-Fox Hills aquifer and the Lower Arapahoe aquifer, except asto those issues which the Court will specifically retain jurisdiction; 2) Determining that Applicants havecomplied with § 37-90-137(4), C.R.S., and water is legally available for withdrawal by Applicants throughthe wells proposed herein; 3) Retaining jurisdiction to provide for adjustment of the amount of wateravailable for withdrawal by Applicants from such aquifers based on actual local aquifer characteristics, and

August, 2000 ResumePage 8

- 8 -

authorizing Applicants to invoke the Court’s retained jurisdiction at any time after such data becomesavailable, pursuant to § 37-92-305(11), C.R.S.; 4) Determining that the ground water in the Laramie-FoxHills and the Lower Arapahoe aquifers under the Subject Property is nontributary ground water, and vestedor conditionally decreed water rights of others will not be materially injured by the withdrawal of suchground water; 5) Such other relief as the Court deems proper in this matter.

2000CW136 STAR BOARDING KENNEL, INC, a Colorado Corporation, ATTN: Robert andLouise Tucker, 3648 North Perry Park Road, Sedalia, Colorado 80135. APPLICATION FORUNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARYSOURCES AND FOR APPROVAL OF A PLAN FOR AUGMENTATION FOR NOTNONTRIBUTARY DENVER AQUIFER WITHDRAWALS, IN DOUGLAS COUNTY.1. Name, Address, Telephone Number of Applicant: Star Boarding Kennel, Inc. a ColoradoCorporation, ATTN: Robert and Louise Tucker, 3648 North Perry Park Road, Sedalia, Colorado80135. Telephone: 303-688-8569. Please direct all inquiries and correspondence in thismatter to: Robert E. Schween, P.C., P.O. Box 262104, Highlands Ranch, Colorado 80163-2104.Telephone: 303-471-5150; Facsimile: 303-470-3103.2. Water Rights Sought: By this application, Applicant seeks a ruling and decree which willboth quantify its ground water rights underlying its property, described below, and adjudicate a planfor augmentation for the use of its not nontributary Denver aquifer ground water through a well orwells located on its property.3. Well Permits: Well permits for withdrawal of ground water from each aquifer willbe applied for prior to construction of wells on the Applicant's property, and in accordance with theterms and conditions of a decree to be granted herein.4. Legal Description of Subject Property: The subject property is a tract of land consisting of35 acres, more or less, and located in the NW ¼, Section 2, Township 7 South, Range 68 West ofthe 6th P.M., Douglas County, as shown on Exhibit A (General Location Map) and as described inExhibit B (Property Legal Description).5. Source of Water Rights: The ground water in the Arapahoe and Laramie-Fox Hills aquifersunderlying Applicant’s property is classified as nontributary as such term is defined in § 37-90-103(10.5), C.R.S. The ground water in the Denver aquifer underlying Applicant’s property isclassified as not-nontributary as such term is defined in §§ 37-90-103(10.7) and 37-90-137(9)(c),C.R.S.6. Estimated Amounts and Rates of Withdrawal: A. The well(s) will withdraw thesubject amounts of ground water at rates of flow necessary to efficiently withdraw the entire decreedamounts. Applicant will withdraw the subject ground water through wells to be located at anylocation on Applicant's property. The estimated average annual amounts of withdrawal availablefrom the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6:

Land Area Saturated Ave. Annual Aquifer (Acres) Thickness (Feet) Amount (AF)Denver 35.2 455 27.2Arapahoe 35.2 330 19.7Laramie-Fox Hills 35.2 175 9.2

B. The average annual amounts available for withdrawal from the subject aquifers will dependon the hydrogeology and the legal entitlement of the Applicant and represents a claim to allnontributary and not nontributary ground water underlying Applicant's property.7. Well Fields: Applicant requests that this Court determine that Applicant has the right towithdraw all of the legally available ground water lying below Applicant's property, as describedherein, through the wells requested herein which may be located anywhere on Applicant's property,and any additional wells which may be completed in the future as Applicant's well fields. Asadditional wells are needed, applications will be filed in accordance with § 37-90-137(10), C.R.S.8. Proposed Uses: Applicant will use all water withdrawn from the subject aquifers in a watersystem to be used, reused, successively used, and after use leased, sold, or otherwise disposed of

August, 2000 ResumePage 9

- 9 -

for the following beneficial purposes: domestic, central water supply, industrial, commercial,irrigation, livestock watering, recreational, fish and wildlife, and fire protection. Said water will beproduced for immediate application to said uses, both on and off the property, for storage andsubsequent application to said uses, for exchange purposes, for replacement of depletions resultingfrom the use of water from other sources, and for augmentation purposes.9. Jurisdiction: The Water Court has jurisdiction over the subject matter of this applicationpursuant to 37-92-302(2), and 37-90-137(6), C.R.S.10. Name and Address of Owner of the Land on Which Structures are Located:The owner of the overlying land area described herein is the Applicant herein, Star Boarding Kennel,Inc., a Colorado corporation.

PLAN FOR AUGMENTATION11. Statement of Plan for Augmentation: The withdrawals which require augmentation arewithdrawals of not-nontributary Denver aquifer ground water to be decreed as described inparagraph 6A above. The water rights to be used for augmentation of modeled depletions causedby such withdrawals are domestic and lawn irrigation return flows from the use of such not-nontributary ground water and, if required, direct discharge of other acceptable water sources.12. Description of Plan for Augmentation: A. Applicant will use its not-nontributary Denveraquifer ground water underlying its property to serve a commercial facility structure (kennel) througha central well on the property. Such ground water may also be used for all commercial, domestic,aesthetic, irrigation, and other purposes on Applicant's property, as described herein. B. Useof water in the commercial kennel facility is highly non-consumptive. Nearly all of such water use isfor cleaning purposes and is returned, after first use, to Applicant’s nonevaporative wastewater(septic) system. Applicant estimates that a maximum of only 10% of the water used for suchcommercial purpose is consumed. C. For purposes of this application, it is estimated thatApplicant may use a maximum annual amount of water of up to 9.2 acre-feet per year, estimated asfollows:

In-structure (kennel) use ..... 3.0 acre-feet per year;Irrigation of grounds ..... 5.7 acre-feet per year,In-house (domestic) use ….. 0.5 acre-feet per year.Maximum Total ….. 9.2 acre-feet per year.

D. Applicant estimates that it may irrigate up to approximately two (2) acres of grounds, includinglawn, garden, and recreation areas. The above are estimates only; accordingly Applicant reservesthe right to amend these values based on final annual amounts available and final planning andbuild-out considerations for the Applicant's property. E. Sewage treatment for in-facility usewill be provided by a non-evaporative septic system. Before any other type of sewage treatment isproposed in the future, including incorporation of the facility into a central sewage collection andtreatment system, Applicant, or its successors and assigns, will amend the ruling decree to beentered in this case prior to such change and thereby provide notice of the proposed change to otherwater users by publication procedures required by then existing law.F. Consumptive use factors associated with such proposed water uses are estimated as follows:

Use CU FactorIn-facility use ..... 10 %Irrigation use ..... 90 %Domestic use ….. 10 %

13. Replacement of Depletions: A. During the Pumping Period. (1) The location of anyDenver aquifer well on Applicant's property will be greater than one mile in distance from the nearestcontact between the Denver aquifer and a stream alluvium. Applicant will replace at least fourpercent (4%) of the amount pumped annually to the affected stream system pursuant to § 37-90-137(9)(c), C.R.S. Depletions will occur to the South Platte River stream system. (2)Return flows from the use of Denver aquifer ground water will accrue to the West Plum Creeksystem. Such return flows will be sufficient in amount, location, and timing to replace four percent(4%) of the amount of such not-nontributary ground water is being pumped. The following tableillustrates the amounts of return flows expected from the uses of such ground water on Applicant'sproperty:

August, 2000 ResumePage 10

- 10 -

EstimatedType of Use Amount Used Percent Returned Amount ReturnedIn-Facility (Kennel) 3.0 AF 90% 2.7 AFIrrigation 5.7 AF 10 % 0.6 AFDomestic .5 AF 90 % 0.4 AFTotal 9.2 AF --- 3.7 AF

(3) From the above table, it is estimated that 3.7 acre-feet per year will return to the stream system,assuming the withdrawal and use of 9.2 acre-feet per year from the Denver aquifer. Such amountfar exceeds the amount Applicant is obligated to return to the stream system, which is four percent ofthe amount pumped. (9.2 AF x 4% = .37 AF.) B. During the Period After Pumping Ceases:(1) After the amount of Denver aquifer ground water augmented by this plan (9.2 AF x 100 years =920 AF) has been withdrawn or a lessor amount in the event pumping from the Denver aquiferpermanently ceases, Applicant will demonstrate that any depletions which may occur to the streamsystem are unmeasurable, non-injurious to other water rights, and need not be replaced. (2)However, if the Court finds that such depletions, if any, need to be replaced, Applicant will makesuch replacements by means of one of the following replacement sources: (a) Nontributary groundwater from the Laramie-Fox Hills aquiferunderlying Applicant’s property. Applicant shall reserve all such nontributary ground water found tobe available underlying its property, estimated herein to be 9.2 acre-feet per year (or 920 acre-feetbased on the 100-year aquifer life). If more or less such nontributary ground water is found to beavailable pursuant to the Court’s retained jurisdiction, then this augmentation plan will be adjustedaccordingly. In any event, the amount of Denver aquifer ground water pumped under this plan willnot exceed the total amount of such nontributary Laramie-Fox Hills aquifer found to be available toApplicant. (b) Any other source, either tributary or nontributary, that is legally adequate toreplace projected stream depletions and acceptable to the Colorado Division of Water Resources(Division and State Engineer's Offices).14. Additional Claims: A. Applicant claims the right to withdraw more than the averageannual amounts estimated in paragraph 6A above pursuant to Rule 8A of the Statewide Rules, 2C.C.R. 402-7.B. Although Applicant has estimated the amounts of water available for withdrawal from the subjectaquifers based on estimates of relative values for specific yield and saturated thicknesses, Applicantrequests the right to revise the estimates upward or downward, based on better or revised data,without the necessity of amending this application or republishing same. C. Applicant willwithdraw the not nontributary Denver aquifer ground water requested herein under the plan ofaugmentation requested herein pursuant to § 37-90-137(9)(c), C.R.S. An augmentation plan forwithdrawal of additional Denver aquifer available to the Applicant but not covered by the aboverequested plan for augmentation is not sought by this application.D. In compliance with House Bill 93-1060 (effective March 30, 1993), Applicant hereby asserts thatthis application will be served on every person or entity who has a lien or mortgage on, or deed oftrust to, or other financial interest in the overlying land recorded in the county in which the overlyingland is located, as required by statute. E. When this augmentation plan is approved,Applicant will apply for a new well permit for existing Well Permit No. 106929 so that such well willbecome a structure to be augmented under this plan.

WHEREFORE, Star Boarding Kennel, Inc., prays that this Court enter a ruling and decree:A. Granting the application herein and awarding the water rights claimed herein as final waterrights, except as to those issues for which jurisdiction of the Court will be specifically retained; andB. Specifically determining that:

1. Applicant has complied with § 37-90-137(4), C.R.S., and water is legally available forwithdrawal only to the extent allowed in the ruling and decree to be obtained as a result of thisapplication. Jurisdiction will be retained with respect to the average annual amounts of withdrawalspecified herein to provide for the adjustment of such amounts to conform to actual local aquifercharacteristics from adequate information obtained from wells or test holes drilled on or nearApplicant's property, pursuant to § 37-92-305(11), C.R.S., and Denver Basin Rule 9A;

August, 2000 ResumePage 11

- 11 -

2. Return flows from the planned uses of not nontributary Denver aquifer ground water willserve as an adequate source of replacement water to satisfy Applicant's obligation to replace 4% ofthe amount pumped annually;

3. Vested or conditionally decreed water rights of others will not be materially injured by thewithdrawals of Denver aquifer ground water and the plan for augmentation proposed herein; and

4. No findings of diligence are required to maintain the Denver Basin aquifer ground waterrights applied for hereby.

FURTHER, Applicant prays that this Court grant such other relief as it deems proper in thepremises.

2000CW137 STEFANIE LEIB, 40403 County Road 50, Bennett, CO 80102. Application forUnderground Water Right, IN ARAPAHOE COUNTY. Stefanie Leib Well #208107 is located in theNW1/4SE1/4, S35, T5S, R64W, 6th P.M., 2100’ from the S section line and 1400’ from the E section line,a/k/a Lot 4, Jacob Farm subdivision.. Source: Nontributary Groundwater-Denver Aquifer Depth: 430’Appropriation: 2/8/2000. Amount claimed: 15 gpm Use: Irrigation of 1 acre of lawns and gardens. ( 2pages)

2000CW138 A.L.E. PARTNERSHIP, a Colorado partnership, c/o Mr. Lloyd L. Land, Partner,12501 Riverdale Road, Brighton, Colorado 80601. 303-536-0810. (Robert E. Schween, P.C., P.O.Box 262104, Littleton, Colorado 80163-2104. Telephone: 303-471-5150; Facsimile: 303-470-3103.)APPLICATION FOR NOT NONTRIBUTARY AND NONTRIBUTARY GROUND WATER RIGHTS INTHE LOWER ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS, IN WELD COUNTY.1. Name, Address, and Telephone Number of Applicant: A.L.E. Partnership,a Colorado partnership, c/o Mr. Lloyd L. Land, Partner, 12501 Riverdale Road, Brighton, Colorado80601. 303-536-0810. (Robert E. Schween, P.C., P.O. Box 262104, Littleton, Colorado 80163-2104. Telephone: 303-471-5150; Facsimile: 303-470-3103.)2. Well Permits: Well permit applications for the wells to be constructed pursuant to thisapplication and subsequent decree will be applied for at such time as Applicant is prepared toconstruct such wells pursuant to the terms of the decree to be entered in this matter.2. Names, Description, and Estimated Depths of Wells:A. The wells which will withdraw ground water from each aquifer underlying the land describedin paragraph 10 below will be located on Applicant's property, consisting of 235 acres, more or less,in the SE ¼ and the E ½ of the SW ¼, Section 29, Township 2 North, Range 66 West of the 6thP.M., in Weld County, Colorado. See Exhibit A, General Location Map, and Exhibit B, PropertyLegal Description, attached hereto. Applicant requests the right to construct such wells anywhere onthe overlying property to recover the entire allowable annual amounts from each aquifer as claimedherein or as determined by the Court pursuant to its retained jurisdiction.B. The estimated depths to the base of the Lower Arapahoe and Laramie-Fox Hills aquifers at thelocation of Applicant's property are 115 feet and 770 feet, respectively, below the land surface. Actual wellcompletion depths may vary from the depths estimated above.4. Source of Water Rights:A. Not-Nontributary Ground Water. The ground water in the UpperArapahoe aquifer at this location is not-nontributary ground water as defined at§ 37-90-103 (10.7), C.R.S. Such classification is consistent with the Denver Basin NontributaryGround Water Rules, 2 CCR 402-6. Applicant may not obtain a well permit and withdraw such not-nontributary ground water until an augmentation plan is approved for the replacement of injuriousdepletions caused thereby. See § 37-90-137(9), C.R.S. No such plan is sought by thisapplication.B. Nontributary Ground Water. The ground water in the Laramie-Fox Hills aquifer at this location is nontributary ground water as defined at § 37-90-103 (10.5),C.R.S. Applicant will comply with the requirement to relinquish two percent (2%) of all suchnontributary ground water withdrawn to the stream system. Otherwise, such water may be fullyconsumed to extinction for all beneficial uses.

August, 2000 ResumePage 12

- 12 -

5. Background: Applicant files this application for water rights pursuant to § 37-92-203,C.R.S., as a water matter concerning nontributary and not nontributary ground water. Applicant isthe owner of the overlying land as described herein.6. Date of Initiation of Appropriation: Not Applicable.7. Right to Ground Water Claimed Herein:A. Applicant seeks a decree for all ground water determined to be available from the LowerArapahoe and the Laramie-Fox Hills aquifers underlying the 235 acres of land, more or less,described herein, based upon a statutory aquifer life of 100 years. Applicant is the owner of suchoverlying land area as described herein.B. Applicant asserts that withdrawal in the average annual amounts determined to be availablefrom the named aquifers can be made pursuant to § 37-90-137(4), C.R.S., without causing materialinjury to the vested rights of others.8. Estimated Amounts and Rates of Withdrawal:A. Estimated Average Annual Amounts Available:

(1) The estimated average annual amounts of withdrawal available from the namedaquifers, as indicated below, are based upon interpretations of information contained in the DenverBasin Rules, 2 C.C.R. 402-6.

Sat. Sand Specific Average AnnualAquifer Acres Thickness Yield Amount

Upper Arapahoe 235.12 55 Feet 17 % 22 AFLaramie-Fox Hills 235.12 145 Feet 15 % 51 AF

(2) The final average annual amounts available from each aquifer will depend upon theactual hydrogeology and the legal entitlement of Applicant to all ground water in the subject aquiferunderlying the herein described property.B. Average Pumping Rates:The average pumping rate for wells to be completed into the twonamed aquifers is expected to be about 200 gpm. The actual pumping rate for each well may varyaccording to aquifer production capability at a particular location or well system design. Applicantrequests that the pumping rates for each well may exceed the nominal pumping rates to the extentnecessary to withdraw the full annual allocation of water from each named aquifer.9. Well Fields: Applicant has the right to withdraw all of the legally availableground water in the Lower Arapahoe and Laramie-Fox Hills aquifers underlying the land described inparagraph 10 below, through any well(s) initially permitted in each aquifer and any additional well(s)which may become part of the Applicant's well field. Applicant requests that the initial well(s)permitted, along with any additional well(s) completed into the same aquifer, shall be treated as awell field. As additional wells are constructed, well permit applications will be filed in accordance with§ 37-90-137(10), C.R.S.

10. Proposed Uses:A. Applicant requests the right to use all ground water subject to this application.Such water is to be used, reused, successively used and, after use, leased, sold or otherwisedisposed of for the following beneficial purposes: municipal, domestic, industrial, agricultural,commercial, irrigation, stock watering, storage, recreational, fish and wildlife propagation, fireprotection, and any other beneficial purposes, to be used on or off the land described in paragraph10B. Such water will be produced for immediate application to said uses, for storage andsubsequent application to said uses, for exchange purposes, for replacement of depletions resultingfrom the use of water from other sources, and for augmentation purposes.11. Description of the Land Overlying Subject Ground Water: The property overlyingthe ground water claimed herein consists of 235 acres of land, more or less, located in Weld County,and generally described as follows:

A tract of land located in the SW ¼, and the E ½ of the SE ¼, Section 29, Township 2 North,Range 68 West of the 6th P.M., excepting therefrom one small tract of land reservedtherefrom as a right-of-way for a county road. Applicant’s total property consists ofapproximately 235.12 acres, more or less, located in Weld County.

August, 2000 ResumePage 13

- 13 -

See General Location Map, Exhibit A, and Property Legal Description, Exhibit B.12. Jurisdiction: The Water Court has jurisdiction over the subject matter of thisapplication pursuant to §§ 37-92-302(2) and 37-90-137(6), C.R.S.13. Name of Owner of the Land on Which Structures are Located: Theowner of the overlying land area described herein is the Applicant herein, A.L.E.Partnership, a Colorado partnership.14. Additional Remarks: A. Applicant A.L.E. Partnership requests (1) A quantification andadjudication of the ground water rights in the aquifers named herein to which Applicant is entitled todevelop and use; (2) A confirmation of the right to use, reuse, successively use, and otherwisedispose of all such nontributary ground water; (3) The right to file and adjudicate an augmentationplan for such not-nontributary ground water herein at a later date under a separate caption and casenumber. (4) The right to withdraw more than the average annual amount estimated in paragraph 5Babove pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7; and (4) The right to revise theabove estimate of the average annual amounts available for withdrawal upward or downward, basedon better or revised data, without the necessity of amending this application or republishing same.B. In compliance with House Bill 93-1060 (§ 37-92-302(2)(b), C.R.S.), Applicant will, within ten (10)days after filing this application, supplement this application with evidence that Applicant has givennotice of the filing of this application by certified mail, return receipt requested, to every record ownerof the overlying land and to every person who has a lien or mortgage on, or deed of trust to, theoverlying land recorded in the county in which the overlying land is located.

WHEREFORE, Applicant A.L.E. Partnership requests a ruling and decree:1. Granting the application herein and awarding the ground water rights claimed herein

as final water rights, except as to those issues for which jurisdiction of the Court will be specificallyretained, so that the State Engineer may issue well permits for such well(s) as Applicant requestsunder this decree, subject to the limitations described in such ruling and decree; and

2. Finding and determining that – (a) Applicant has complied with §§ 37-90-137(4), C.R.S., and water is legally available for withdrawal from the named aquifers throughwells to be located on the Applicant's property, EXCEPT THAT withdrawals of not-nontributaryground water may not be withdrawn until an augmentation plan is approved therefor; and (b)Jurisdiction is to be retained with respect to the average annual amounts of withdrawal specifiedherein to provide for the adjustment of such amounts to conform to actual local aquifercharacteristics from adequate information obtained from wells or test holes drilled on or nearApplicant's property, pursuant to § 37-92-305(11), C.R.S.; (c) Applicant or its successors mayconstruct wells into the Lower Arapahoe and Laramie-Fox Hills aquifers anywhere on the subjectproperty, so long as statutory well spacing requirements are met, without the necessity of filing anyfurther amendments to this application, republishing this application, or reopening the decree to beawarded; (d) Vested or conditionally decreed water rights of others will not be materiallyinjured by the withdrawals proposed herein; (e) In accordance with § 37-92-305(11), C.R.S.,no findings of reasonable diligence are required to maintain the water rights applied for herein; and(f) The nature and extent of the water rights claimed herein are defined by § 37-90-137(4), C.R.S.;and the withdrawals sought to be made are based upon an aquifer life of 100 years and upon thequantity of ground water, exclusive of any artificial recharge, underlying the land shown on Exhibit Aand described in Exhibit B hereto.

FURTHER, Applicant requests this Court grant such other relief as the Court deems properin the premises.

2000CW139 LEON J. AND MARC C. KRAIN, 2274 Harbor Court Drive, P.O. Box 8298,LongboatKey, Florida 34228. (Robert V. Trout, TROUT & RALEY, 1120 Lincoln Street, Suite1600, Denver, CO 80203). Application for Water Storage Right, IN PARK COUNTY.

2. Name of Reservoir: Krain Reservoir.3. A: Legal description of location of dam: An existing dam located on Packer Gulch

in the NE/4 of the NE/4 of Section, 25, Township 8 South, Range 76 West, 6th P.M., theleft abutment of which is located approximately 300 feet from the east line andapproximately 750 feet from the north line of said Section 25.

August, 2000 ResumePage 14

- 14 -

B: Name, capacity and legal description of point of diversion of filling ditch from TarryallCreek: McCartney Ditch, which has an estimated capacity of 10 cfs, the point ofdiversion of which is located in the SE/4 of Section 22, Township 8 South, Range 76West, 6th P.M., approximately 1,800 feet from the east line and approximately 300 feetfrom the south line of said Section 22.

4. Sources: Tarryall Creek, and Packer Gulch, a tributary of Tarryall Creek.5. A. Date of appropriation: August 13, 2000.

B. How appropriation was initiated: Execution of contract to purchase land on whichreservoir is located and filing application for conditional water right.

6. A. Amount claimed: 30 acre-feet, conditional, with the right to fill and refill.B. Filling rate claimed from Tarryall Creek through McCartney Ditch: 5 cfs, conditional.7. A. Uses: Domestic, stock watering, piscatorial, aesthetic, and irrigation of

approximately 15 to 20 acres of land owned by Applicants in Section 25, Township 8South, Range 76 West, and in Section 30, Township 8 South, Range 75 West, 6th P.M.

B. Description of acreage to be irrigated: Approximately 15 to 20 acres below KrainReservoir as shown on the map attached hereto as Exhibit A.

8. Surface area of high water line: Approximately 5 acres.A. Maximum height of dam in feet: Approximately 18 feet.B. Length of dam in feet: Approximately 250 feet.

9. Total capacity of reservoir in acre feet: Approximately 30 acre-feet.A. Active capacity: Approximately 25 acre-feet.B. Dead storage: Approximately 5 acre-feet.

10. Name and address of owner of land on which Krain Reservoir located: Applicants are the contractpurchasers of the land on which Krain Reservoir is located. The current record title holder of the land isObservatory Rock Ranch, LLC, 3531 S. Logan Street, Suite D PMB-112, Englewood, Colorado 80110.(4 pages; Ex. A-1 page)

2000CW140 BRUCE M. VICTOR, 16435 WCR 18, Ft. Lupton, CO 80621. Application for Changeof Water Right, IN WELD COUNTY. Irrigation well decreed 6/27/1972 in Case No. W-4668 , WaterDivision No. 1. Decreed point of diversion: Located in the NW1/4SE1/4, S16, T2N, R65W, 6th P.M.,2620’ from S section line and 2620’ from E section line. Source: Groundwater Appropriation: 4/17/1964Amount: 1000 gpm Historic use: Irrigation of 160 acres in the SE1/4 of S15, T2N, R65W, 6th P.M.Change of point of Diversion: S15, T2N, R65W, 6th P.M. NW1/4SW1/4, 30’ from E section line and 2150’from S section line. (2 pages)

2000CW141(90CW222) City of Englewood ("Englewood"), Mr. Stewart Fonda,Director of Utilities,1000 Englewood Parkway, Englewood, CO 80110David G. Hill, Jack M. Graves, Kristin M. Berdan, CHRISMAN, BYNUM &JOHNSON, P.C., 1900 Fifteenth Street, Boulder, CO 80302.APPLICATION FOR SEXENNIAL FINDING OF REASONABLE DILIGENCE, IN DOUGLAS,ARAPAHOE AND JEFFERSON COUNTIES.

1. Name and Address of Applicant:City of Englewood ("Englewood")Mr. Stewart Fonda, Director of Utilities1000 Englewood ParkwayEnglewood, CO 80110(303) 762-2636

2. Name of Structure: Little Dry Creek, Big Dry Creek and theCity Ditch Outlet Manifold at Chatfield Reservoir (serving City Ditch).

3. Describe Conditional Water Right giving the following fromthe Referee's Ruling and Judgment and Decree:

August, 2000 ResumePage 15

- 15 -

a. Date of Original Decree: August 2, 1994, Case No. 90CW222, District Court, Water Division No. 1.

b. Legal Description of Points of Diversion and AmountsClaimed:

i. Big Dry Creek at its confluence with CityDitch, which is located at approximately 1,650 feet from the east lineand 1,150 feet from the south line of Section 9, Township 5 South,Range 68 west, of the 6thP.M.

Rate of Flow: 20 cfs, CONDITIONAL.

ii. Little Dry Creek at its confluence with City Ditch, which islocated at approximately 450 feet from the west line and 1,850 feetfrom the north line of Section 2, Township 5 South, Range 68 west, ofthe 6th P.M.

Rate of Flow: 15 cfs, CONDITIONAL.

iii. The City Ditch Outlet at Chatfield Reservoir, whose center lineof the outlet conduit intersects the center line of the dam at apoint whence the NW Corner, Section 1, Township 6 South, Range 69 West,of the 6th P.M., bears N. 49( W, 4,070 feet, serving City Ditch.

Rate of Flow: 38 cfs, CONDITIONAL.

c. Source: The South Platte River and its tributaries.

d. Appropriation Date: December 17, 1990.

e. Amount Claimed: 20 cfs, CONDITIONAL at Big DryCreek; 15 cfs, CONDITIONAL at Little Dry Creek; and 38 cfs, CONDITIONALat the City Ditch Outlet Manifold at Chatfield Reservoir.

f. Type of Use or Proposed Use: Direct flow formunicipal, domestic, industrial, commercial, irrigation (includingwatering of parks, lawns, and gardens), stock watering, recreationalfish and wildlife propagation and maintenance, manufacturing, fireprotection, sewage treatment and street sprinkling.

g. Place of Use or Proposed Use of Conditional Rights: Any lands towhich Englewood provides water for municipal purposes (including any ofthe purposes enumerated in subparagraph 3.f). Use of this right shallnot be limited to lands served by Englewood at the time of the Decreeentered in 90CW222, but shall extend to any lands to which Englewoodhereafter provides water for municipal purposes, and to any lands towhich Englewood provides water for municipal purposes under an existingor future contract of supply.

4. Provide a detailed outline of what has been done towardcompletion or for completion of the appropriation and application ofwater to a beneficial use as conditionally decreed, includingexpenditures:

a. Because Englewood has an integrated system, thefollowing listed items represent system wide projects and work thathave been completed or are in the process of being completed pertaining

August, 2000 ResumePage 16

- 16 -

to Little Dry Creek, Big Dry Creek and the City Ditch Outlet Manifoldat Chatfield Reservoir. This list is not meant to be exclusive.

i. Englewood has expended over $15,000,000 toimprove its Allen Filter Plant. Primary improvements included pre-treatment processes and addition of activated carbon filters.

ii. Englewood has entered into contracts with Rocky MountainConsultants, Inc. ("RMC") for the design of a 16 cfs pipeline from theMcBroom Ditch to Englewood's forebay reservoir along the South PlatteRiver at Union Avenue. RMC designed the pipeline and surveyed andmapped its alignment. Englewood expended over $45,000 in the pipelinedesign.

iii. Englewood has purchased over 5,000 feet of pipeline and fittingsat a cost of over $200,000 for the McBroom Ditch pipeline andbegun construction of the same.

iv. Englewood has entered into a contract with SEMAConstruction for over $100,000 to construct the McBroom Ditch pipelinefrom the McBroom Ditch to Englewood's forebay reservoir at Union Avenueand the South Platte River.

b. The following listed items are specific projects andwork that have been completed or are in the process of being completedpertaining to exercising the subject rights at Little Dry Creek, BigDry Creek and the City Ditch Outlet Manifold at Chatfield Reservoirpoints of diversion. This list is not meant to be exclusive.

i. Englewood has entered into a contract with NewDesign Construction, Co. ("NDC") to improve its City Ditch Pump Stationand Gaging Structures. Englewood has expended $82,000 under itscontract with NDC, and an additional $2,200 for the construction of thevault structures.

ii. Englewood has expended $50,000 to rehabilitateits four pumps at its City Ditch Pump Station.

iii. Englewood expended over $450,000 from March1993 through March 2000 to pipe the City Ditch from below ChatfieldReservoir to the City Ditch Pump Station.

iv. Englewood has negotiated with Centennial Waterand Sanitation District ("Centennial") to bring about the ultimate useof water pursuant to the existing or any future contract of supplybetween Englewood and Centennial.

v. Englewood engaged Martin and Wood WaterConsultants, Inc. to quantify the yield of the 38 cfs City Ditch Outletconditional water right.

vi. The Nevada Ditch bylaws have been amended byEnglewood to facilitate use of the City Ditch to carry the 38 cfs inCity Ditch Outlet diversions.

August, 2000 ResumePage 17

- 17 -

vii. Englewood participated in numerous Water Courtcases to protect and to ensure that the water rights decreed in CaseNo. 90CW222 are not impacted by the actions of other water users.

WHEREFORE, Englewood respectfully requests that this Court enterA Finding and Decree of Reasonable Diligence for the Little Dry Creek,Big Dry Creek and the City Ditch Outlet Manifold at Chatfield Reservoircontinuing the conditional decree entered in 90CW222 in full force andeffect.

2000CW142 LOVELAND READY MIX CONCRETE, INC. APPLICATION FOR WATERRIGHTS, FOR CHANGE OF WATER RIGHT AND PLAN FOR AUGMENTATION IN THE BIGTHOMPSON RIVER AND ITS TRIBUTARIES, IN LARIMER COUNTY. (PETROCK & FENDEL,P.C., Frederick A. Fendel, III, 1630 Welton Street, Suite 200, Denver, Colorado 80202, (303) 534-0702)1. Applicant: Loveland Ready Mix Concrete, Inc., P.O. Box 299, Loveland, CO 80539, (970)

667-26802. This application concerns operations by LRM at two sets of gravel pits. They are the Larimer Pits

and the Mariana Butte Pit. WATER RIGHTS3. Structures: Larimer Pits and Mariana Butte Pit. 3.1 Location of Larimer Pits:Parts of the

NW ¼ and SW ¼, Section 15, parts of the N ½ and SE ¼, Section 16, parts of the NE ¼, Section17, all in T5N, R69W, 6th P.M., Larimer County. 3.2 Location of Mariana Butte Pit:NE ¼SW ¼,Section 16, T5S, R69W, 6th P.M., Larimer County. 3.3 Source:Groundwater tributary to the BigThompson River. 3.4 Use:Reclamation, gravel mining and processing, recreation, fishpropagation. 3.5 Priority Date:July 31, 1979 (Larimer Pits); September 29, 1988 (Mariana ButtePit). 3.6 Well Permit No.: 051128-F (Larimer Pits).PLAN FOR AUGMENTATION

4. Structures to be Augmented: Larimer Pits and Mariana Butte Pit.5. Description of Depletions to be Augmented: 5.1 Evaporation from surface of exposed

groundwater. The total exposed surface area of unlined pits is about 125 acres. 85.17 acres wereexposed prior to December 31, 1980 and therefore do not require augmentation pursuant to C.R.S.§37-90-137(11)(b). Evaporation from approximately 40 acres will be augmented. Netevaporation will consume about 78 acre feet per year. 5.2 Production losses. Incidental waterconsumption from wet mining, gravel washing and processing and related activities. Productionlosses will cease upon completion of mining. Production losses will consume about 30 acre feetper year. 5.3 Annual depletions to be augmented are estimated to be about 108 acre feet during thelife of the mining operation, and about 78 acre feet thereafter.

6. Source of Augmentation Water: 6.1 80 acre feet of consumptive use water from the Rist-GossDitch originally decreed May 28, 1883, priority date March 20, 1866, and subsequently changedto allow use for augmentation of gravel pit depletions in Case No. W-7412 and 99CW104(pending). 6.2 120 statutory inches of water from the Barnes Ditch originally decreed May 28,1883, and subject to an application for change of water right in Case No. 00CW_____. 6.3Loveland Ready Mix Ponds Nos. 1 and 2, the subjects of an application for storage right in CaseNo. 98CW431. 6.4

7. Statement of Plan for Augmentation: 7.1 Evaporation from the exposed surface of the Larimer Pitsand Mariana Butte Pit will be estimated monthly. 7.2 Depletions from gravel mining andprocessing will be estimated monthly. 7.3 Out of priority depletions will be replaced by releasingaugmentation water either directly from the Rist-Goss Ditch or the Barnes Ditch or from storage inLoveland Ready Mix Pond No. 1 and Loveland Ready Mix Pond No. 2, which are lined gravelpits located within the Larimer Pits, described above. 7.4 No releases will be made when thewater rights claimed above are in priority. 7.5 This plan for augmentation will not cause anymaterial injurious effect to the owner or user of any vested water right or decreed conditionalwater right. CHANGE OF WATER RIGHT

8. Water right to be changed: Rist Goss Ditch, described above.9. Description of change:9.1Alternate place of storage: Loveland Ready Mix Ponds Nos. 1 and 2,

described above. 9.2Alternate point of diversion: Loveland Ready Mix Ponds No. 1 and 2 will befilled through a pump station located behind the Rist Goss dam as follows: a point located inthe SW¼NW¼, Sec. 16, T5N, R69W, 6th P.M., Larimer County, which bears South 43 17' 03"

August, 2000 ResumePage 18

- 18 -

West a distance of 3114.24 feet from the North Quarter Corner of Sec. 16. 9.3 Additional places ofuse: Augmenting depletions associated with other uses on other lands, including the LarimerPits and Mariana Butte Pit. 9.4Uses:All uses associated with gravel mining, including evaporationand production losses.9.5 This change of water right will not cause any material injurious effect tothe owner or user of any vested water right or decreed conditional water right.

10. Owners of land on which the structures are located: 10.1 Larimer Pits:Applicant. 10.2 MarianaButte Pit: Mariana Butte, Ltd. 10.3 Rist-Goss Ditch: Applicant and Tom Nomina 10.4 BarnesDitch: Greeley-Loveland Irrigation Co., 808 23rd Street, Greeley, CO 80452.

11. A location map is filed with this application and is available from the Water Clerk or from counselfor the applicant. WHEREFORE, applicant, Loveland Ready Mix Concrete, Inc. requests that itswater rights and plan for augmentation be approved as described above or as may appear properand for other and further relief .

2000CW143 LOVELAND READY MIX CONCRETE, INC. Application For Change of WaterRights in The Big Thompson River and its Tributaries, IN LARIMER COUNTY. (Petrock & Fendel,P.C., Frederick A. Fendel, III, 1630 Welton Street, Suite 200, Denver, Colorado 80202).1 Applicant: Loveland Ready Mix Concrete, Inc., P.O. Box 299, Loveland, CO 80539, (970) 667-2680. In this application, the Applicant is referred to as “LRM.”2 Structure: Barnes Ditch - the points of diversion of the Barnes Ditch are located:2.1 Barnes Ditch - In theNW¼NE¼ Sec. 17, T5N, R69W, 6th P.M., Larimer County on the left bank of the Big Thompson River.2.2 Loveland and Greeley Canal - Located in the SW¼ Sec. 15, T5N, R69W, 6th P.M. Larimer County onthe left bank of the Big Thompson River. 2.3 The water rights are decreed for diversion at both points ofdiversion. Water delivered to the LRM property is diverted at the Barnes Ditch.3 .Water Rights to be Changed: LRM’s portion of the Barnes Ditch:

Priority Number Priority Date Amount LRM’s pro rata Ownership

6 10/20/1865 18.56 cfs 1.33 cfs

13 1/2 6/1/1867 12.06 cfs 0.86 cfs

21 1/2 6/23/1873 19.93 cfs 1.43 cfs

TOTAL AMOUNT 50.55 cfs 3.62 cfs

All the water rights were adjudicated in the original adjudication for Water District 4, May 28, 1883,Boulder County District Court. LRM owns the right to use 120 statutory inches. LRM’s pro rata share iscalculated based on 120 out of 1676 total active Barnes Ditch inches.1 Historical Use: The Barnes Ditch and its water rights are owned by the Greeley-Loveland IrrigationCompany, subject to the rights of LRM and other owners of Barnes Ditch inch contracts. LRM’s 120inches have been used to irrigate 243 acres located generally south of the Barnes Ditch, north of the BigThompson River in the W½, Sec. 15, the N½ and a portion of the SE¼, Sec. 16 and a portion of the NE¼,Sec. 17, T5N, R69W, 6th P.M., Larimer County. The property is now used for gravel mining, withirrigation continuing on those portions of the property not yet mined.2 Description of Requested Changes: 5.1 Change of Use: to commercial, industrial, mining,reclamation, municipal, irrigation, recreation, fish propagation and related uses directly, following storage,and by augmentation of out-of-priority diversions and depletions resulting from the above uses. 5.2 Change of manner of use: to direct flow, storage, and use by augmenting out of priority diversionsand depletions. 5.3Place of Storage:Loveland Ready Mix Ponds 1 and 2, located on the LRM property.Ponds 1 and 2 are lined reservoirs created by gravel mining, located in the NW¼ and the W1/2NE¼, Sec.16, T5N, R69W, 6th P.M., Larimer County, south of the Barnes Ditch and north of the Big ThompsonRiver. 5.4 Change of Place of Use: to unlimited places of use, for that portion historically consumed,following diversion to or storage on the LRM property. 5.5 The point of diversion will remain unchanged.Water will continue to be diverted from the Barnes Ditch at the LRM property either for direct use or tostorage.3 . Owners of land upon which structures are located: 6.1 Barnes Ditch Headgate: Greeley-Loveland Irrigation Company, 808 23rd Street, Greeley, CO 80452. 6.2 Ponds 1 and 2 :LRM.

August, 2000 ResumePage 19

- 19 -

7.The following documents are filed with this application:7.1 Location map; 7.2Summary of BarnesDitch diversion records. WHEREFORE, Applicant prays for a decree authorizing the requested changes ofits water rights, together with such other and further relief as is appropriate.

2000CW144 APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOTNONTRIBUTARY AND NONTRIBUTARY SOURCES. CONCERNING THE APPLICATION FORWATER RIGHTS OF ROBERT AND ELIZABETH CONNER IN THE NONTRIBUTARY ARAPAHOEAND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DENVER AQUIFERS, IN ADAMSCOUNTY. 1. Name, Address, Telephone Number of Applicant: Robert and Elizabeth Conner, 14040 W.32nd Avenue, Golden, Colorado 80401 (Holly I. Holder, P.C. 518 17th Street, #1500, Denver, Colorado80202). 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. LegalDescription of Wells and Subject Property: The property which is the subject of this application isapproximately 500 acres of land located in the N1/2, N1/2 S1/2 and part of the S1/2 S1/2 of Section 22,T1S, R65W of the 6th P.M., as more particularly described and shown on Attachment A hereto. The wellswhich will withdraw the subject groundwater will be located at any location on the Subject Property subjectto Section 37-90-137(4), C.R.S. 4. Source of Water Rights: The source of the groundwater to bewithdrawn from the Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers underlying theSubject Property is nontributary groundwater as described in 37-90-103(10.5), C.R.S. The groundwater tobe withdrawn from Denver aquifer is not nontributary as described in 37-90-137(9)(c), C.R.S. 5. EstimatedAmounts: The estimated average annual amounts of withdrawal available from the subject aquifers asindicated 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 Denver, Upper Arapahoe,Lower Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property:

Saturated EstimatedAquifer Thickness Annual AmountDenver 75.8 feet 64.4 acre-feetUpper Arapahoe 110.3 feet 93.7 acre-feetLower Arapahoe 96.7 feet 82.2 acre-feetLaramie-Fox Hills 123.1 feet 92.3 acre-feet

The average annual amounts available for withdrawal from the subject aquifers will depend on thehydrogeology and the legal entitlement of the Applicant and represents a claim to all not nontributary andnontributary groundwater underlying the Subject Property. Applicant will reserve part of the Denveraquifer water which may be available underlying the Subject Property for use through exempt wellspursuant to Section 37-92-602, C.R.S. 6. Well Fields: Applicant requests that this Court determine thatApplicant has the right to withdraw all of the legally available groundwater lying below the SubjectProperty, through the wells requested herein and any additional wells which may be completed in the futureas Applicant's well fields. As additional wells are constructed, applications will be filed in accordance with37-90-137(10), C.R.S. 7. Proposed Use: The water will be used, reused, successively used, leased, sold, orotherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial,irrigation, livestock watering, recreational, and fish and wildlife. Said water will be produced forimmediate application to said uses, both on and off the Subject Property, for storage and subsequentapplication to said uses, for exchange purposes, for replacement of depletions resulting from the use ofwater from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdictionover 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 5above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimatedthe amounts of water available for withdrawal from the subject aquifers based on estimates of relativevalues for specific yield and saturated thicknesses, Applicant requests the right to revise the estimatesupward or downward, based on better or revised data, without the necessity of amending this application orrepublishing the same. WHEREFORE, Applicant prays that this Court enter a Decree: 10. Granting theapplication herein and awarding the water rights claimed herein as final water rights, except as to thoseissues 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 thewells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts ofwithdrawal specified herein to provide for the adjustment of such amounts to conform to actual local

August, 2000 ResumePage 20

- 20 -

aquifer characteristics from adequate information obtained from wells or test holes drilled on or near theSubject Property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater inthe Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater. Thegroundwater in the Denver aquifer is not nontributary and that water will not be withdrawn until a plan foraugmentation is approved by the Court; C. Vested or conditionally decreed water rights of others will notbe materially injured by the withdrawals of groundwater proposed herein and no findings of diligence arerequired to maintain these water rights. FURTHER, Applicant prays that this Court grant such other reliefas seems proper in the premises. 2000CW145 GIRL SCOUTS - MILE HI COUNCIL, (Cynthia F. Covell, Esq., ALPERSTEIN &COVELL, P.C., 1600 Broadway, Suite 2350, Denver, CO 80202). APPLICATION TO MAKEABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE, AND TO CORRECT LOCATIONSAND WELL WITHDRAWAL RATES, IN LARIMER COUNTY.1. Name, address and telephone number of Applicant2. Girl Scouts - Mile Hi Council3. c/o Nancy Koberstein, Property Manager4. 400 South Broadway5. Denver, CO 802096. (303) 778-87747. Communications, including pleadings regarding this application should be directed to counsel forthe applicant, Cynthia F. Covell, Alperstein & Covell P.C., 1600 Broadway, Suite 2350, Denver, CO80202.8. Name of structures9. Magic Sky Reservoir10. Lone Pine Northside Well11. Lone Pine Southside Well12. APPLICATION TO MAKE ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE13. Describe conditional water right (as to each structure) giving the following from the Referee’s

ruling and judgment and decree.a. Date of original decrees.

Magic Sky Reservoir: December 4, 1987Lone Pine Northside Well: December 4, 1987Lone Pine Southside Well: December 4, 1987

a. Case No.: 83CW053 (Diligence awarded in Case No. 93CW174)b. Court: Water Division 1c. d. Decreed location

Magic Sky Reservoir: The SW 1/4 SW 1/4, Section 5, Township 9 North, Range 72West of the 6th P.M., Larimer County, Colorado. From the reservoir outlet, the southwestquarter corner of said Section 5 bears 37N 30" West 1550 feet.Lone Pine Northside Well: The SW 1/4 SW 1/4, Section 5, Township 9 North, Range 72West of the 6th P.M., Larimer County, Colorado, at a location 1120 feet from the westsection line and 1020 feet from the south section line of said Section 5.Lone Pine Southside Well: The SW 1/4 SW 1/4, Section 5, Township 9 North, Range 72West of the 6th P.M., Larimer County, Colorado, at a location 1180 feet from the westsection line and 830 feet from the south section line of said Section 5.

a. Source: South Lone Pine Creek, as to all structures.a. Appropriation date: December 31, 1985, for all structures.b. Amount.c. Magic Sky Reservoir: 10 acre-feet conditionald. Lone Pine Northside Well: 10 g.p.m. (.022 cfs)e. Lone Pine South side Well: 10 g.p.m. (.022 cfs)f. Use of water.g. Magic Sky Reservoir: Municipal, recreation, piscatorial domestic andaugmentation.

August, 2000 ResumePage 21

- 21 -

Lone Pine Northside Well: Domestic and municipal uses to provide a water supply forthe Magic Sky Ranch Girl Scout camp, which includes outdoor showers and fieldkitchen.

Lone Pine Southside Well: Domestic and municipal uses to provide a water supply forthe Magic Sky Ranch Girl Scout camp, which includes outdoor showers and fieldkitchen.

a. Depth of Wellsb. Lone Pine Northside Well: 380 feetc. Lone Pine Southside Well: 360 feetd. Constructed Reservoir Capacity: 3.47 acre-feete. 2. Provide a detailed outline of what has been done toward completion of the appropriation and applicationof water to a beneficial use as conditionally decreed, including expenditures.3. See Exhibit A attached hereto, and incorporated herein by reference.4. APPLICATION TO CORRECT RESERVOIR AND WELL LOCATIONS AND WELLWITHDRAWAL RATES5. Actual Location of the Magic Sky Reservoir: The Magic Sky Reservoir as constructed is smaller than thedecreed reservoir. (See explanation in Exhibit A.) It is located as decreed in the SW 1/4 SW 1/4, Sec. 5,Township 9 North, Range 68 West of the 6th P.M. as shown on the location map attached as Exhibit B. Theunderdrain outlet from the reservoir is located 760' from the West section line and 1070' from the southsection line of said Section 5.6. Actual Location and Withdrawal Rate of the Lone Pine Northside Well: The Lone Pine Northside Wellwas drilled in July, 2000, under permit no. 226803. As drilled it is located in the SE 1/4 NE 1/4 Sec. 5,T.9N, R72 W. of the 6th P.M., 1500 feet from the North section line and 400 feet from the East section line.(See Exhibit B.) The rate of withdrawal from this well is 15 g.p.m.7. Actual Location and Withdrawal Rate of the Lone Pine Southside Well: The Lone Pine Southside Wellwas also drilled in July, 2000, under permit no. 228602. As drilled it is located in the NE1/4 SW 1/4 Sec. 5,T.9N, R72 W. of the 6th P.M., 1440 feet from the South section line and 2250 feet from the West sectionline, and is also shown on Exhibit B. The withdrawal rate from this well is 5 g.p.m.8. Requested Corrections: The Girl Scouts request that the decreed location for the reservoir outlet becorrected to reflect the location described in paragraph 6 above, and that the decreed locations andwithdrawal rates of the Lone Pine Northside Well and the Lone Pine Southside Well be corrected to reflectthe actual drilled locations and withdrawal rates of said wells as set forth in paragraphs 6 and 7 above. Thewithdrawal rate for the Lone Pine Northside Well will be increased to 15 g.p.m., and the withdrawal ratesfor the Lone Pine Southside Well will be reduced to 5 g.p.m. Withdrawals from both wells will not exceed20 g.p.m., which is the total withdrawal rate decreed to both wells in Case No. 85CW455.9. WHEREFORE, Applicant Girl Scouts - Mile Hi Council, having demonstrated that it has steadilyapplied effort to complete the appropriation of the foregoing water rights in a reasonably expedient andefficient manner under all the facts and circumstances, and having provided to the Court the correctedlocations for the wells and reservoir, and the corrected withdrawal rates for the wells, respectfully requeststhis Court to find and decree as follows:a. that it has drilled, tested and plants to put to beneficial use the Lone Pine Northside Well and the LonePine Southside Well;b. that the locations and withdrawal rates decreed to these wells be corrected to comport with the actualdrilled locations and withdrawal rates, as herein described;c. that the water rights decreed to the Lone Pine Northside Well and the Lone Pine Southside Well (ascorrected) be decreed absolute;d. that the location of the point of diversion to the Magic Sky Reservoir be corrected to reflect the actuallocation of the point of diversion;e. that the Girl Scouts have constructed and put to beneficial use 3.47 acre-feet of the Magic Sky Reservoirstorage right, and that 3.47 acre-feet of said storage right be decreed absolute; andf. that the Girl Scouts have exercised reasonable diligence in putting to beneficial use the remainder of thewater storage right conditionally decreed in Case No. 85CW455, and that the conditional decree as to said

August, 2000 ResumePage 22

- 22 -

remaining 6.53 acre-feet of the Magic Sky Reservoir water right be continued for another six years, or suchperiod as may otherwise be permitted by law.

EXHIBIT A

Water stored in Magic Sky Reservoir is an integral part of the Girl Scouts’ augmentation plandecreed in Case Nos. 85CW455. This plan involves storage of the water right decreed to the Magic SkyReservoir, and its release to offset out-of-priority well depletions associated with the camp facility at theMagic Sky Ranch Girl Scout Camp. This reservoir and the associated storage right are part of Applicant’sintegrated water supply system, which provides water to the camp facilities at the Magic Sky Ranch.Pursuant to C.R.S. § 37-92-301(4)(b), when an integrated system is composed of several features, as is thecase here, work on one feature of the system is considered in finding that reasonable diligence has beenshown in the development of water rights for all features of the entire system.

A smaller capacity Magic Sky Reservoir was constructed in 1996. The 10 acre-foot reservoiroriginally designed in the last diligence period proved to be too expensive to construct, and the Girl Scoutswere required to scale down their initial reservoir construction. Construction of the smaller reservoir wasplanned and commenced in August 1996, and a 3.47 acre-foot reservoir, with a one-acre surface area, wascompleted in October 1996. In the spring of 1997, the reservoir lining was damaged by groundwater. Thepond was repaired in September, 1997, and was operational in the spring of 1998. It has since been usedcontinuously to store water for augmentation purposes. The original construction cost of the reservoir was$118,837. The liner repair in 1997 cost approximately $18,000.

Since the last diligence decree was awarded in 1994, the Girl Scouts have determined that it isnecessary to improve and upgrade their wells. They have had difficulty drilling reliable productive wells.During this diligence period, the Girl Scouts replaced the Little House Well (one of the wells subject to theaugmentation plan decreed in Case No. 85CW455), and obtained a decree in Case No. 99CW074 allowinga field of supplemental wells to withdraw the water decreed to the Little House Well. The cost of siting,overseeing, drilling and testing the supplemental wells was $26,860. Legal fees incurred in obtaining thedecree in Case No. 99CW074 totaled $2,953.

The Girl Scouts have also drilled the Lone Pine Northside Well and the Lone Pine SouthsideWell. These two wells were conditionally decreed in Case No. 85CW455. Because of their previousdifficulties in obtaining producing wells, the Lone Pine Northside Well and the Lone Pine Southside wellwere drilled at favorable locations some distance from their decreed locations (although within the samesection). The cost of siting, overseeing, and drilling these wells was $29,173. In addition, the Girl Scoutshave incurred the costs of testing the wells. This cost is expected to be approximately $4,000, but has notyet been billed. The Lone Pine Northside Well produces 15 g.p.m. and the Lone Pine Southside Wellproduces 5 g.p.m. The total production is 20 g.p.m., the amount decreed to both wells together in Case No.85CW455.

Therefore, during this diligence period, the Girl Scouts have constructed a smaller reservoir, andhave drilled the two conditionally-decreed wells, and have drilled and adjudicated a field of supplementalwells for the Little House well.

2000CW146 DOUGLAS COUNTY, APPLICATION FOR DETERMINATION OF NON-TRIBUTARY AND NOT NON-TRIBUTARY UNDERGROUND WATER RIGHTS IN THEUPPER DAWSON, LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLSAQUIFERS. CONCERNING THE APPLICATION FOR WATER RIGHTS OF DOUGLAS LANE,LLC; EAST 80, LLC; PREMISE REAL ESTATE, LLC; AND LARRICK DEVELOPMENT COMPANY.1. Name and Address of Applicant: Douglas Lane, LLC; East 80, LLC; Premise Real Estate, LLC; LarrickDevelopment Company, 10 Inverness Drive East, Suite 290, Englewood, Colorado 80112 (303) 790-1234; c/o William B. Tourtillott, Carolyn F. Burr, Friedlob Sanderson Paulson & Tourtillott, LLC, 1400Glenarm Place, Suite 300, Denver, Colorado 80202, (303) 571-1400. 2. Legal Description of the SubjectProperty and Wells: The Applicants seek to adjudicate the groundwater in the Upper Dawson, LowerDawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying approximately 320 acres of landrepresenting the North Half of Section 26, Township 8 South, Range 67 West of the 6th P.M. (the“Property”). A map depicting the property is attached as Exhibit A. No part of such land lies within adesignated ground water basin. The wells that will withdraw the subject groundwater will be located at any

August, 2000 ResumePage 23

- 23 -

location on the Property subject to C.R.S. § 37-90-137(4). 3. Well Permits: (a) There are five wells on theProperty (Well Nos. 16768, 131276, 5039, 7100, and 447-RN) that are permitted as exempt domestic wellspursuant to C.R.S. §37-92-602. In paragraph 6, below, Applicants have reduced the estimated annualallocation from the Upper Dawson and Lower Dawson aquifers to account for the water that may bewithdrawn through these wells. (b) Well permit applications for additional wells to be constructed pursuantto the decree entered in this matter shall be applied for at such time as the Applicants, their successors orassigns are prepared to construct the well. 4. Source of Water: (a) The source of the groundwater to bewithdrawn from the Lower Dawson, Arapahoe and Laramie-Fox Hills aquifers is non-tributarygroundwater as defined in C.R.S. § 37-90-103(10.5). Applicants will comply with the requirement torelinquish to the surface stream system two percent of all such non-tributary ground water withdrawn on anannual basis. Otherwise, the water may be fully consumed to extinction for all beneficial uses. (b) Thesource of groundwater to be withdrawn from the Upper Dawson and Denver aquifers is not non-tributarygroundwater as defined in C.R.S. § 37-90-103(10.7). The Applicants shall not withdraw such not non-tributary groundwater from the Upper Dawson and Denver aquifers prior to obtaining a decreed plan foraugmentation. 5. Estimated Well Depths: Well will be completed to the bottom of each of the aquifers,which Applicants estimate to be approximately 160 feet below the land surface in the Upper Dawsonaquifer; 400 feet below the surface in the Lower Dawson aquifer; 1,300 feet below the surface in theDenver aquifer; 2,000 feet below the surface in the Arapahoe aquifer; and 2,700 feet below the surface inthe Laramie-Fox Hills aquifer. The depths are approximate and are based on geologic and topographicalinformation available from the Colorado State Engineer’s office. Actual well completion depths may varyfrom this estimate based on the actual conditions below the overlying land. 6. Estimated Rate and Amountof Withdrawal: (a) The wells will withdraw groundwater at a rate of flow necessary to efficiently withdrawthe entire decreed amount. Actual pumping rates will vary according to the water system design and watersupply demands. (b) The estimated average annual amounts of water available for withdrawal from theaquifers as listed below are consistent with the Denver Basin Rules, 2 C.C.R. 402-6. The Applicantsestimate that the following values and average annual amounts are representative of the Upper Dawson,Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers at this location:

Saturated Specific Annual Average Aquifer Acres Thickness Yield (%) Withdrawal (Acre-Feet)

Upper Dawson 320 58 20.0 34.01

Lower Dawson 320 48 20.0 28.62

Denver 320 367 17.0 199.5Arapahoe 320 335 17.0 182.1Laramie-Fox Hills 320 169 15.0 81.1 Total 525.3

(c) The actual average annual amounts available for withdrawal from the subject aquifers will depend uponthe hydrogeology of the aquifers underlying the Property. Accordingly, Applicants request the right torevise these estimates upward or downward based on actual data or better data available at the time ofwithdrawal without the necessity of amending this application or republishing the same pursuant to theretained jurisdiction of the Court provided for in C.R.S. § 37-92-305(11). (d) Applicants claim the right towithdraw more than the average annual amounts estimated above pursuant to Rule 8A of the StatewideRules, 2 C.C.R. 402-7. 7. Well Fields: The Applicants propose to build a unified water supply system overa period of many years and will construct wells as required in order to maintain levels of production, tomeet water supply demands, or to recover the entire amount of groundwater in the subject aquifersunderlying the Property. Applicants request that their right to withdraw all of the legally availablegroundwater underlying the Property through the wells requested herein, which may be located anywhereon the Property, and any additional wells, which may be completed in the future, shall be treated as a wellfield. The Applicants further request that the pumping rates for each of these wells may exceed thenominal pumping rates that may be set forth in the well permits to the extent necessary to withdraw the full

1 Applicants have reduced the estimated annual allocation by three (3) acre-feet to account for thewithdrawals from Well Nos. 16768, 131276, and 447-RN.

2 Applicants have reduced the estimated annual allocation by two (2) acre-feet to account for thewithdrawals from Well Nos. 5039 and 7100.

August, 2000 ResumePage 24

- 24 -

annual acre-foot allocation of water from each aquifer, or to meet system peaking demands. As additionalwells are constructed, well permit applications will be filled with the State Engineer in accordance withC.R.S. § 37-90-137(10). Applicants shall not be entitled to construct a well into the Upper Dawson andDenver aquifers without first obtaining a decreed augmentation plan. 8. Proposed Uses: The subject waterwill be used, reused, successively used, leased, sold or otherwise disposed of, for the following beneficialpurposes: municipal, domestic, industrial, commercial, irrigation, stock watering, recreational, fish andwildlife, and any other beneficial purpose, to be used on or off the land described. Such water will beproduced for immediate application to such uses, for storage and subsequent application to such uses, forexchange purposes, for direct replacement of depletions, and for other augmentation purposes, includingcredit for all return flows resulting from the use of such water for augmentation for or as an offset againstany out-of-priority depletions. 9. Name and Address of Owner of the Land: Applicants ownapproximately 280 acres of the 320 acres that comprise the Property, which is located in Section 26,Township 8 South, Range 67 West of the 6th P.M. Specifically, Douglas Lane, LLC owns approximately200 acres consisting of the W½ of the NW¼, the SE¼ of the NW¼, and the S½ of the NE¼, less theLowell Trust property described below; and East 80, LLC owns 80 acres consisting of the N½ of the NE¼of said Section 26. In addition, John and Betty Peterson, whose address is 934 Douglas Lane, Castle Rock,Colorado 80104, own 40 acres consisting of the NE¼ of the NW¼; and the John E. Lowell and Beatrice B.Lowell Trust, Box 146, Castle Rock, Colorado 80104, owns the West 30 feet of the S½ of the NE¼. Johnand Betty Peterson and John E. Lowell and Beatrice B. Lowell, as Trustees of the John E. Lowell andBeatrice B. Lowell Trust have consented in writing, pursuant to C.R.S. § 37-90-137(4)(b)(II)(A), to theApplicants’ withdrawal of the subject groundwater underlying their respective properties. WHEREFORE,Applicants request that this Court enter a decree: 10. Granting the Application and awarding the non-tributary and not non-tributary groundwater rights claimed herein, subject to the requirement that theApplicants obtain a decreed augmentation plan prior to withdrawing any not non-tributary water and thoseissues over which the Court will specifically retain jurisdiction. 11. Determining that Applicants havecomplied with C.R.S. § 37-90-137(4) and water is legally available for withdrawal by the Applicantsthrough the wells proposed herein, but that jurisdiction will be retained with respect to the average annualamounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actuallocal aquifer characteristics. 12. Determining that the groundwater in the Lower Dawson, Arapahoe, andLaramie-Fox Hills aquifers is non-tributary. 13. Determining that the groundwater in the Upper Dawsonand Denver aquifers is not non-tributary and may only be withdrawn pursuant to a decreed plan foraugmentation. 14. Determining that other vested or conditionally decree water rights will not be materiallyinjured by withdrawal of groundwater rights as proposed herein, and that no findings of diligence arerequired to maintain these water rights. 15. Such other relief as the Court deems proper in this matter.

2000CW147 FALCON WING RANCH LLC, (c/o Harvey W. Curtis, Esq., 1441 Eighteenth Street, Suite 200,Denver, Colorado 80202-1256, Telephone (303) 292-1144, APPLICATION FOR CONDITIONAL WATERSTORAGE RIGHT, IN JEFFERSON COUNTY. 2. INTRODUCTION: Applicant’s address: Falcon Wing Ranch,LLC, c/o Robert Lundell, AIA, 165 Cook Street, Suite 207, Denver, Colorado 80206. By this Application, Applicant seeksa decree for a conditional water storage right for a water storage pond to be constructed on its property in JeffersonCounty, Colorado described on attached Exhibit A attached to the Application. 3. NAME OF STRUCTURE: FalconWing Ranch Pond. 4. LEGAL DESCRIPTION OF STRUCTURE: 4.a. Location: Falcon Wing Ranch Pond islocated in the SE1/4, Section 5, Township 5 South, Range 70 West of the 6th PM., approximately 1,100 feet from the SouthSection line and approximately 2,335 feet from the East Section line of said Section 5. 5. SOURCES OF WATER:Captured and stored diffused natural surface runoff and discharge from springs tributary to Bear Creek, a tributary ofthe South Platte River. 6. AMOUNT CLAIMED: 7.0 acre feet, conditional. 7. DATE OF APPROPRIATION: June28, 2000, based upon the coincidence of formation of Applicant’s intent to appropriate the water claimed in thisapplication and physical acts giving notice of Applicant’s intent. 8. PROPOSED USES: Domestic, fire protection,irrigation, piscatorial, recreation, storage, augmentation, and exchange purposes, together with the right to fill and refillcontinuously. 9. STORAGE STRUCTURE CHARACTERISTICS: 9.a. Height of dam: 10 feet or less. 9.b.Surface: Falcon Wing Ranch Pond will have a surface area of 1.0 acre, more or less. 9.c. Storage Capacity: 7 acre-feetactive capacity; 0 acre-feet dead capacity. 10. NAME AND ADDRESS OF OWNER OF LAND ON WHICHSTRUCTURES ARE LOCATED: Falcon Wing Ranch, LLC, c/o Robert Lundell, AIA, 165 Cook Street, Suite207,Denver, Colorado 80206. (3 pages, 1 page of exhibits)

2000CW148 FALCON WING RANCH LLC, (c/o Harvey W. Curtis, Esq., 1441 Eighteenth Street, Suite 200,Denver, Colorado 80202-1256, Telephone: (303) 292-1144), APPLICATION FOR CONDITIONAL GROUNDWATER RIGHTS AND APPROVAL OF PLAN OF AUGMENTATION, IN JEFFERSON COUNTY. 2.INTRODUCTION: Applicant’s address: Falcon Wing Ranch, LLC c/o Robert Lundell, AIA, 165 Cook Street, Suite 207,Denver, Colorado 80206. By this Application, Applicant seeks a decree for conditional ground water rights and approvalof a plan of augmentation to supply a proposed subdivision consisting of eight lots located on 85.516 acres, more or less,

August, 2000 ResumePage 25

- 25 -

in the SE1/4, Section 5, Township 5 South, Range 70 West of the 6th P.M., in unincorporated Jefferson County, Colorado,more specifically described in Exhibit A, attached to the Application. 3. APPLICATION FOR CONDITIONALGROUND WATER RIGHTS: 3.a. Name of structures: (1.) Mares Well No. 1, Well Permit No. 205877, issuedOctober 10, 1997. (2.) Falcon Wing Ranch Wells Nos. 1 through 7, inclusive. 3.b. Legal Descriptions: (1.) Mares WellNo. 1. This existing well is located in the SW1/4 SE1/4, Section 5, Township 5 South, Range 70 West of the 6th P.M.,within 200 feet of the permitted well location which is 800 feet from the South Section line and 2,050 feet from the EastSection line of said Section 5. (2.) Falcon Wing Ranch Wells Nos. 1 through 7, inclusive. Pursuant to SEO Policy MemoNo. 99-1, Applicant is claiming conditional ground water rights for up to seven new Falcon Wing Ranch Wells onApplicant’s proposed subdivision on the lands described in Exhibit A. 3.c. Source: (1.) The source of water for theMares Well No. 1 is ground water from the bedrock aquifers, tributary to Bear Creek, a tributary of the South PlatteRiver. (2.) The source of water for the Falcon Wing Ranch Wells Nos. 1 through 7, inclusive, is ground water from thebedrock aquifers, tributary to Bear Creek, a tributary of the South Platte River. 3.d. Amounts Claimed: (1.) Mares WellNo. 1: 15 g.p.m., absolute. (2.)Falcon Wing Ranch Wells Nos. 1 through 7: 15 g.p.m., conditional, for each well. 3.e.Date of Appropriation: (1.) Mares Well No. 1: January 1, 1920. (2.)Falcon Wing Ranch Wells: June 28, 2000, basedupon Applicant’s formation of the requisite intent to appropriate together with actions giving notice of such intent byApplicant. 3.f. Uses of Water: Domestic, irrigation, stock watering, and fire protection purposes. 3.g. Name andAddress of Owner of Land Upon Which Structures are Located: Falcon Wing Ranch, LLC, at the address listedabove. 3.h. Comments: The ground water rights sought for the Falcon Wing Ranch Wells Nos. 1 through 7 areconsistent with State Engineer’s policy memorandum 99-1. 4. APPLICATION FOR APPROVAL OF PLAN OFAUGMENTATION: 4.a. Water Demand and Consumptive Use: Water demand and consumptive use estimated byApplicant’s engineers for the development of the 8 lots is set forth in Table 1, below:

Table 1

Water Demands Consumptive Use

Month Indoor Irrigation Evaporation Total Indoor Irrigation Evaporation Total

January 0.21 0.00 0.09 0.30 0.02 0.00 0.09 0.11

February 0.19 0.00 0.10 0.30 0.02 0.00 0.10 0.12

March 0.21 0.00 0.16 0.38 0.02 0.00 0.16 0.18

April 0.21 0.01 0.19 0.41 0.02 0.01 0.19 0.22

May 0.21 0.02 0.15 0.39 0.02 0.02 0.15 0.19

June 0.21 0.04 0.12 0.36 0.02 0.03 0.12 0.17

July 0.21 0.04 0.05 0.31 0.02 0.03 0.05 0.11

August 0.21 0.03 0.05 0.30 0.02 0.03 0.05 0.10

September 0.21 0.03 0.08 0.31 0.02 0.02 0.08 0.12

October 0.21 0.02 0.09 0.32 0.02 0.01 0.09 0.13

November 0.21 0.00 0.12 0.32 0.02 0.00 0.12 0.14

December 0.21 0.00 0.09 0.30 0.02 0.00 0.09 0.11

Total: 2.51 0.19 1.30 4.00 0.25 0.15 1.30 1.70

Engineering criteria: 8 Lots; 1 Single-family home per lot; 3.5 People per home; year round occupancy; 80 gpd/person;10% in-house consumptive use with septic systems; 500 sq. ft of lawn/landscape irrigation per lot; 80% irrigationefficiency; 0.93ac surface area pond; 3.17 ft. of gross evaporation; 1.8 ft. credit for historic consumptive use by plantsreplaced by pond surface area. 4.b. Augmentation Source: Out-of-priority depletions from pumping of ground waterfrom the wells described in paragraph 3, above, will be offset by releases of water from the water storage rights to bedecreed to the Falcon Wing Ranch Pond in Case No. 00-CW-147, filed contemporaneously herewith. Approval of thisplan of augmentation will be contingent upon obtaining a final decree in that case. ( 5 pages, 1 page of exhibits)

2000CW149 MEADOW CREEK PARTNERS LTD., c/o Don LaFaver, 2185 Pinedrop Lane, Golden, CO80401. Application for Approval of Plan for Augmentation, IN BOULDER COUNTY. Meadow Creek Farm Pitdecreed 3/2/1999 in Case No. 96CW1101, Water Division 1. Type of Water: Surface, clay lined Reservoir. Legaldescription: A portion of the NE1/4NE1/4, S15 and the NW1/4NW1/4, S14, and the SW1/4SW1/4, S11, and theSE1/4SE1/4, S10, all in T1N, R69W, 6th P.M. Source: Boulder Creek Amount: 131 af Appropriation: 2/21/1982 Decreeuse: Irrigation, recreation, aquaculture, wildlife, emergency fire protection and augmentation. Irrigation use will belimited to a maximum of 51 acres. Section 9 of decree addresses this more fully. Historic use: Water rights to be used foraugmentation will be from the Goose Haven No. 2 Reservoir & or leased water from City of Lafayette. Statement of Planfor augmentation: See decree Case No. 96CW1101. Water is delivered to Boulder Creek through The approximately2000’ Long, concrete lined “Lafayette outlet Ditch” which flow through the subject property. Name and address ofowner of land on which structures are located: Tiefel Family, LLC, 4001 N. 107th St., Lafayette, CO 80026. (2 pages)

2000CW150 DeGEER FAMILY IRREVOCABLE TRUST, c/o Robert C.DeGeer, Trustee, 545 South Main Street, Cottonwood, Arizona86326, Telephone (520) 634-7680. Application for Water Rights, IN

August, 2000 ResumePage 26

- 26 -

EL PASO COUNTY. (Attorney for Applicant: Alan G. Hill, Tienken & Hill,LLP, P.O. Box 550, Louisville, Colorado 80027, Telephone (303) 673-9373)FIRST CLAIM FOR RELIEF (Adjudication of Nontributary and Not-Nontributary Groundwater)2. Names and legal description of wells:A. DeGeer DAW-1: To be located in the NE1/4 of the NE1/4 of Section17, Township 12 South, Range 65 West of the 6th P.M., El Paso County,Colorado at a point approximately 1,170 feet from the East section lineand 160 feet from the North section line. Source: That portion of thenot nontributary Dawson aquifer underlying the property described inExhibit "A", attached hereto and incorporated herein by this reference.Full penetration of the Dawson aquifer, estimated to be approximately850 feet. Date of appropriation: N/AB. DeGeer DEN-1: To be located in the NE1/4 of the NE1/4 of Section17, Township 12 South, Range 65 West of the 6th P.M., El Paso County,Colorado at a point approximately 1,170 feet from the East section lineand 210 feet from the North section line. Source: That portion of thenot nontributary Denver aquifer underlying the property described inExhibit "A". Full penetration of the Denver aquifer, estimated to beapproximately 1,775 feet. Date of appropriation: N/AC. DeGeer ARAP-1: To be located in the NE1/4 of the NE1/4 of Section17, Township 12 South, Range 65 West of the 6th P.M., El Paso County,Colorado at a point approximately 1,120 feet from the East section lineand 160 feet from the North section line. Source: That portion of thenontributary Arapahoe aquifer underlying the property described inExhibit "A". Full penetration of the Arapahoe aquifer, estimated to beapproximately 2,300 feet. Date of appropriation: N/AD. DeGeer LFH-1: To be located in the NE1/4 of the NE1/4 of Section17, Township 12 South, Range 65 West of the 6th P.M., El Paso County,Colorado at a point approximately 1,120 feet from the East section lineand 210 feet from the North section line. Source: That portion of thenontributary Laramie-Fox Hills aquifer underlying the propertydescribed in Exhibit "A". Full penetration of the Laramie-Fox Hillsaquifer, estimated to be approximately 2,900 feet. Date ofappropriation: N/A. Although the proposed wells are described hereinat specific locations, applicant requests the right to add additionalwells at any location within the property described in Exhibit "A" solong as the wells are at least 600 feet from other wells in the sameaquifer owned by third parties.3. Applicant is the owner of the land overlying the nontributary andnot nontributary groundwater claimed herein, totaling approximatelyforty acres being the NE1/4 of the NE1/4 of Section 17, Township 12South, Range 65 West of the 6th P.M., El Paso County, Colorado, moreparticularly described in Exhibit "A" attached hereto. Applicantrequests that this court determine that applicant has the right towithdraw and use all of the unappropriated water lying below the landdescribed in Exhibit "A" in the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers.4. The best data currently available indicates that applicant canrecover up to a maximum of 26 acre feet annually from the Dawsonaquifer, 24 acre feet annually from the Denver aquifer, 17 acre feetannually from the Arapahoe aquifer and 11 acre feet annually from theLaramie-Fox Hills aquifer, based upon the hydrogeology of the aquifersand applicant's legal entitlement to all nontributary water in therespective aquifers underlying the subject property. The average

August, 2000 ResumePage 27

- 27 -

annual amounts of withdrawal from each of the proposed wells aresummarized below:Structure Rate (GPM) Volume (AF/Yr)*

DeGeer DAW-1 50 26DeGeer DEN-1 50 24DeGeer ARAP-1 100 17DeGeer LFH-1 120 11* Provided, however, that the annual volumetric entitlement is subject

to adjustment, either upward or downward, as provided in paragraph8, herein.

5. Applicant further requests that all of the wells in paragraph 2 inone aquifer plus any additional wells in that aquifer shall bedesignated as a well field as defined by Statewide Nontributary GroundWater Rule 14, 2 CCR 402-7, and that the pumping rates for each well beallowed to exceed the nominal pumping rates set forth herein to theextent necessary to withdraw the full acre foot allocation of waterfrom the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers.6. Applicant requests the right to revise these estimates based on newdata made available without the necessity of amending this applicationor republishing. In addition to the wells described in paragraph 2,applicant may need to construct additional or replacement wells torecover the entire decreed amount of water in the Dawson, Denver,Arapahoe and Laramie-Fox Hills aquifers. Applicant requests the rightto construct such additional or replacement wells as are necessary inorder to maintain production levels in each aquifer.7. The annual withdrawal amounts for each aquifer, set forth above,were calculated based upon an aquifer life of 100 years in accordancewith C.R.S. §37-90-137(4)(b)(I) and equal one percent of the totalamount of water recoverable from beneath the applicant's lands.However, applicant claims the right to withdraw more than the onepercent withdrawal amount so long as the sum of the total withdrawalsfrom all wells in each aquifer does not exceed the product of thenumber of years since the date of issuance of the first well permit fora well in the aquifer, or the date of determination of rights to groundwater from the Water Court, whichever occurs first, times the averageannual amount of withdrawal.8. The applicant requests the right to revise the claims set forthabove, either upward or downward, without the necessity of amendingthis application or republishing. Applicant requests that the courtretain jurisdiction until such time as a sufficient number of wellshave been drilled to provide the site specific information required bythe rules and regulations. At that time the applicant will petitionthe court for a final determination of the amount of water that may bewithdrawn based upon evidence of saturated sand thicknesses andspecific yields as shown by wells logs. This petition may have theeffect of revising the claims described herein either upward ordownward, as the evidence indicates.9. Proposed uses: Applicant intends to use, reuse, successively useand otherwise dispose of the water for all purposes, includingdomestic, agricultural, industrial, commercial, irrigation, stockwatering, central supply, recreation, fish and wildlife and fireprotection. The water will be produced for immediate application tosaid uses, for storage and subsequent application to said uses, forexchange, for replacement of depletions resulting from the use of thewater from other sources, for relinquishment to the stream system

August, 2000 ResumePage 28

- 28 -

pursuant to C.R.S. §37-90-137(9)(b), and for all other augmentationpurposes, including augmentation of "not nontributary" ground waterdiversions.10. The groundwater in the Dawson and Denver aquifers is notnontributary ground water as defined in C.R.S., Section 37-90-103(10.5). Applicant seeks quantification of the ground wateravailable in the not nontributary Dawson and Denver aquifers underlyingthe Property. Further, applicant seeks, in the Second Claim for Reliefin this application, judicial approval of a plan for augmentation toreplace depletions caused by the pumping of the ground water, asrequired by C.R.S. Section 37-90-137(9)(c).11. Applicant also requests confirmation of its right to use, reuse,successively use and otherwise dispose of all groundwater in theArapahoe and Laramie-Fox Hills aquifers remaining after lawfulconsumption for the statutorily required 2% relinquishment.12. In compliance with C.R.S. § 37-92-302(2)(b), applicant shallsupplement this application with evidence that applicant has, withinten days after the filing of this application, given notice to everyrecord owner of the overlying land and to every person who has a lienor mortgage on, or deed of trust to, the overlying land.SECOND CLAIM FOR RELIEF (Approval of a Plan for Augmentation)13. Applicant incorporates the allegations set forth in paragraphs 1through 12 of this application in this Second Claim for Relief.14. Water Rights to be Augmented:A. Applicant is the owner of 2,600 acre feet of groundwater in the notnontributary Dawson aquifer claimed herein, and is the owner of 2,400acre feet of groundwater in the not nontributary Denver aquifer claimedherein. Accordingly, the maximum annual average entitlement of notnontributary groundwater owned by applicant in the Dawson aquifer is 26acre feet, and the maximum annual average entitlement of notnontributary groundwater owned by applicant in the Denver aquifer is 24acre feet.B. C.R.S. Section 37-90-137(9)(c) requires judicial approval of a planfor augmentation as a condition precedent to the withdrawal of theDawson and Denver aquifer groundwater decreed herein. Applicant seeks,in this application, approval of a plan for augmentation entitlingapplicant to withdraw its Dawson and Denver aquifer groundwater. 15. Water Rights to be Used for Augmentation:A. Applicant proposes to replace depletions caused during pumping withnon-evaporative septic system return flows and lawn grass irrigationreturn flows. These return flows during pumping exceed the amount ofstream depletion, which is estimated to be a maximum of twenty-fivepercent (25%) of Dawson aquifer pumping and four percent (4%) of Denveraquifer pumping.B. Applicant is the owner of 1,700 acre feet of groundwater in thenontributary Arapahoe aquifer claimed herein and 1,100 acre feet ofgroundwater in the nontributary Laramie-Fox Hills aquifer claimedherein. Accordingly, the maximum annual average entitlement ofnontributary groundwater owned by applicant in the Arapahoe aquifer is17 acre feet, and the maximum annual average entitlement ofnontributary groundwater owned by applicant in the Laramie-Fox Hillsaquifer is 11 acre feet. Applicant seeks to replace post-pumpingdepletions that cause material injury with the nontributary Arapahoeand Laramie-Fox Hills groundwater claimed herein; however, applicantreserves the right to replace such depletions with any judiciallyacceptable source of augmentation water.

August, 2000 ResumePage 29

- 29 -

16. Statement of Plan for Augmentation:A. Applicant intends to use the Dawson and Denver aquifer wells for aresidential development on the Property, including, but not by way oflimitation, in-house use, exterior household uses, landscapeirrigation, stock watering and irrigation. It is anticipated that six(6) single family residences, including irrigation, will be suppliedpursuant to this plan for augmentation. Annual diversions ofgroundwater from the Dawson aquifer pursuant to the plan foraugmentation pleaded herein will not exceed 8.6 acre feet. Annualdiversions of groundwater from the Denver aquifer pursuant to the planfor augmentation pleaded herein will not exceed 8.0 acre feet. Totalannual diversions from the Dawson and Denver aquifers combined will notexceed 9.3 acre feet.B. Applicant has not determined the specific locations for all thewells required to withdraw groundwater from the Dawson and Denveraquifers, but states that each well will be constructed within theProperty and each will be designed so that it withdraws water from asingle aquifer. Applicant is the owner of the Property upon which allof the Dawson and Denver aquifer wells will be located. Applicantrequests the right to locate the wells required to withdraw itsentitlement from the Dawson and Dawson aquifers at any point within theProperty, without the necessity of filing an amendment to theapplication, republishing, or petitioning the court for the reopeningof any decree. 2 C.C.R. 402-7, Rule 11.C. Prior to applicant using any type of sewage treatment other thannon-evaporative septic systems, applicant, or its successors ininterest, shall obtain an amended decree allowing such modification.17. Replacement of Depletions:A. Replacement of Depletions During Pumping:1. Applicant will replace actual stream depletions caused by pumpingthe proposed Dawson aquifer wells on the Property to the affectedstream system(s) pursuant to C.R.S. § 37-90-137. Depletions from theDawson aquifer pumping may accrue to both the Arkansas River and SouthPlatte River basins.2. Applicant seeks approval of a plan for augmentation allowingapplicant to aggregate all Dawson aquifer depletions and replace themto the Arkansas River drainage in Monument Creek. Depletions may alsoaccrue to the South Platte River drainage; in the event applicant isnot entitled to aggregate all depletions and replace them to MonumentCreek, applicant seeks approval to replace depletions to Cherry Creek,tributary to the South Platte.3. Applicant seeks approval of a plan for augmentation allowingapplicant to replace depletions from the pumping of Denver aquiferwells to the Arkansas River drainage in Monument Creek.4. Return flows from the use of the Dawson and Denver aquifergroundwater will accrue to Monument Creek via its tributary BurgessCreek, and those return flows will be sufficient to replace the actualdepletions during pumping. The following table illustrates theexpected quantity of return flows; however, applicant reserves theright to amend these amounts based upon final land use approvals, andfinal quantifications:

Planned Uses DawsonPumping(af/y)

DenverPumping(af/y)

Return Flows (af/y)

In-House 1.6 0 1.4

August, 2000 ResumePage 30

- 30 -

Irrigation 3.1 3.9 .7

Livestock 0.7 0 0

Total 5.4 3.9 2.1

B. Replacement of Post-Pumping Depletions:1. For the period after pumping of the Dawson and Denver wells ceases,applicant will demonstrate that any depletions which may occur to therespective stream systems are unmeasurable, non-injurious to otherwater rights, and need not be replaced.2. To the extent that the court determines that such post-pumpingdepletions require augmentation, applicant will reserve an adequateamount of nontributary groundwater in the Arapahoe and/or Laramie-FoxHills aquifer, as described in paragraph 4 herein, to satisfy suchpost-pumping augmentation requirements.18. Remarks: Due to the fact that depletions from the pumping of theDawson aquifer may occur to the Arkansas River drainage and the SouthPlatte River drainage, applicant is filing this application in WaterDivision No. 1 and Water Division No. 2, and will seek to consolidatethe two cases in Water Division No. 2 pursuant to C.R.C.P. 42.1.WHEREFORE, applicant requests that this court enter a decreeadjudicating the nontributary and not nontributary groundwater claimedherein, approving the plan for augmentation described herein,specifically determining that the return flows described herein fromthe initial use of groundwater withdrawn from the not nontributaryDawson and Denver aquifers adequately augment actual stream depletionsduring pumping, and that the vested or conditional decreed water rightsof others will not be materially injured by the withdrawal of theDawson and Denver aquifer groundwater described herein, and the planfor augmentation proposed herein.

2000CW151 DAVIS & LORRAINE MCCANN, 6787 Village Road, Parker, CO 80134.Application for Underground Water Right, IN DOUGLAS COUNTY. McCann Well #135740 is locatedin the SW1/4NE1/4, S7, T7S, R65W, 6th P.M., a/k/a Lot 48, Hidden Village, Filing 2. Source: DawsonAquifer Depth: 320’ Appropriation: 4/27/1984 Amount claimed: 18 gpm (1 a/f annually) Use: Irrigationof 13, 000 sq. ft. of lawns and gardens (lot 48, Hidden Village, Filing 2) including watering of domesticanimals, fire protection, and household use. (2 pages)

2000CW152 KEITH AND SHIRLEY RITTERHOUSE, 6759 Village Road, Parker, CO 80134.Application for Underground Water Right, IN DOUGLAS COUNTY. Chuck Neal Well #48412 islocated in the NW1/4NE1/2, S7, T7S, R65W, 6th P.M., a/k/a Lot 49, Hidden Village, Filing 2. Source:Upper Dawson Depth: 345’ Amount claimed: 13 gpm (1 a/f annually) Use: Irrigation of 13, 000 sq. ft.of lawns and gardens including watering of domestic animals, fire protection, and household use. (2 pages)

YOU ARE HEREBY NOTIFIED THAT YOU HAVE, until the last day of October, 2000 to file withthe Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why a certainapplication should not be granted or why it should be granted only in part or on certain conditions. A copyof each statement of opposition must also be served upon the Applicant or the Applicant’s attorney and anaffidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP.(Filing fee: $45.00). MARY A. CRESPIN, Water Clerk, Water Division 1, POB “C”, Greeley, CO80632.

RULINGS ENTERED BY REFEREE LIESMAN ON 08-08-2000

96CW003 PINEHURST COUNTRY CLUB DENVER PAGES 17

August, 2000 ResumePage 31

- 31 -

97CW330 DONALD & LAURA JEFFERSON PAGES 03BANGHART

99CW133 RICHARD & DENISE JEFFERSON PAGES 02RYERSON

AMENDED DECREE ENTERED BY JUDGE HAYS ON 08-05-2000

97CW168 TOWN OF CASTLE ROCK DOUGLAS PAGES 26AMENDED CONDITONAL DECREE ENTERED BY JUDGE HAYS ON 08-05-2000

97CW390 ASPHALT PAVING COMPANY ADAMS/WELD PAGES 05ORDER DISMISSING APPLICATIONS WITHOUT PREJUDICE ENTERED BY JUDGE HAYS ON08-11-2000

2000CW098 MILTON THRMOHLEN MORGAN PAGES 01

2000XW099 MILTON TORMOHLEN MORGAN PAGES 01________________________________________________________________________CONDITIONAL DECREE ENTERED BY JUDGE HAYS ON 08-11-2000

98CW341 COORS BREWING CO AND JEFFERSON/PARK PAGES 33CITY OF IDAHO SPRINGS CLEAR CREEK/

DECREES ENTERED BY JUDGE HAYS ON 08-11-2000

2000CW046 LOST PARK RABCH OWNERS PARK PAGES 02ASS. & CLIFFORD & THERESAPUGH

99CW221 COLONY INVESTMENTS DOUGLAS PAGES 08

99CW216 CASTLE VISTA DOUGLAS PAGES 03

99CW211 OUR LADY OF LORETO ARAPAHOE PAGES 11CATHOLIC PARISH

99CW121 CITY OF BRUSH MORGAN/WELD PAGES 04

99CW036 MANUELLO’S LOGAN PAGES 06

99CW011 ARAPAHOE COUNTY WATER ARAPAHOE/ PAGES 06AND WASTEWATER DOUGLASAUTHORITY

98CW467 WILLIAM & SUSAN SIPPLE PARK PAGES 05

97CW086 ALBERT HODGSON LARIMER PAGES 03

96CW1044 LARRY DIRKS PARK PAGES 03