DISTRICT COURT, WATER DIVISION 1, COLORADO NOVEMBER 2006 WATER RESUME PUBLICATIONS TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of NOVEMBER 2006 for each County affected. 06CW233 APPLICATION FOR WATER RIGHTS TO PROTECT THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE COLORADO WATER CONSERVATION BOARD IN ROCK CREEK, A NATURAL STREAM IN THE WATERSHED OF THE ST. VRAIN IN JEFFERSON AND BOULDER COUNTIES COLORADO. C/O AMY F. STENGEL*, Assistant Attorney General 1525 Sherman Street, 5th Floor Denver, CO 80203 (303) 866-5361 Name of applicant: Colorado Water Conservation Board Address of applicant: 1313 Sherman Street, Suite 721 Denver, Colorado 80203 (303) 866-3441 2. Name of natural stream: Rock Creek 3. Location: a. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the headwaters of Rock Creek at latitude 39° 53’ 32.7” N and longitude 105° 13’ 54.5” W as the upstream terminus and extending to the Rocky Flats Wildlife Refuge Boundary at latitude 39° 54’ 50.8” N and longitude 105° 11’ 49.2” W as the downstream terminus, being a distance of approximately 2.5 miles. This segment can be located on the Louisville U.S.G.S. quadrangle. b. For administrative purposes only: Upper Terminus = UTM North: 4415843.357 UTM East: 480182.186 SE 1/4 NW 1/4 Section 9, T2S, R70W 2616 feet, East of the West Section Line 2596 feet, South of the North Section Line Lower Terminus = UTM North: 4418242.874 UTM East: 483162.077 SE 1/4 SW 1/4, Section 30, T1S, R70W 1762 feet, East of West Section Line 5 feet, North of the South Section Line 4. a. Date of initiation of appropriation: January 25, 2006. b. Date water applied to beneficial use: Water was first applied to beneficial use on January 25, 2006. c. How appropriation was initiated: At its regular meeting on January 25, 2006, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Level Program, 2 CCR 408-2. 5. Amount of water claimed (ABSOLUTE): Instream flow of 0.7 cfs (March 1 – May 31), 0.1 cfs (June 1 – Oct 31), and 0.25 cfs (Nov 1 – Feb 28). 6. Remarks: This appropriation is made pursuant to the provisions of §§ 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2005). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 17, 2006, the Board determined thatthe natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board's water right herein, if granted; and that such environment can exist without material injury to water rights. I, Rod Kuharich, Director, Colorado Water Conservation Board, being duly sworn hereby state that I have read the foregoing application, and that the contents are true to the best of my knowledge. 06CW234 HOPE DITCH COMPANY, 2531 East 165th Avenue, Brighton, CO 80602 (James R. Montgomery, Richard J. Mehren, Moses, Wittemyer, Harrison and Woodruff, P.C. P. O. Box 1440, Boulder, CO 80306-1440, (303) 443-8782) APPLICATION FOR CHANGE OF NONTRIBUTARY GROUND WATER RIGHT IN ADAMS COUNTY 2. Purposes of the Application: In Case No. W-2622, District Court, Water Division No. 1, entered July 3, 1973, this Court confirmed the right of Applicant’s predecessor-in-interest to withdraw and use nontributary groundwater from the Laramie Fox-Hills formation from Well No. 1-13593-F in the amount of 0.066 cubic feet per second (cfs) with a date of appropriation of May 15, 1969. Well

No. 1-13593-F is used by the Applicant, a Colorado mutual ditch company, to provide water to some of the homes within the residential development known as the Wiesner subdivision in Adams County, Colorado for domestic, irrigation and other uses associated with a residential development. The Wiesner subdivision presently includes 23 homes that are provided water by the Applicant. Applicant seeks a change of water right to add a new well as an alternate point of diversion and/or supplemental well for withdrawal of water under the water right decreed to Well No. 1-13593-F in Case No. W-2622. Applicant intends to use Well No. 1-13593-F and the new alternate point of diversion and/or supplemental well requested in this application to continue to provide water to the homes within the Wiesner subdivision. 3. Decreed name of structure for which change is sought: Well No. 1-13593-F. 4. From previous decree: A. Decree entered: July 3, 1973, Case No. W-2622, District Court, Water Division No. 1. B. Decreed point of diversion: Well No. 1-13593-F is decreed at a point 1,866 feet South and 732 feet East of the NW corner of Section 1, Township 1 South, Range 68 West of the 6th P.M., Adams County, Colorado. C. Source: Nontributary Laramie Fox-Hills formation. D. Pumping Rate: 0.066 cfs. E. Well Permit No.: Permit No. 13593-F-R. F. Use: Commercial. 5. Proposed change: Applicant seeks to change the point of diversion for the water right decreed to Well No. 1-13593-F in Case No. W-2622 to include a new well (the “New Well”) that has been completed by Applicant in the SW1/4 NW1/4, Section 1, Township 1 South, Range 68 West of the 6th P.M. 1,802 feet from the North Section line and 700 feet from the West Section line of said Section 1 as an alternate point of diversion and/or supplemental point of diversion for said water right for up to a combined rate of diversions of 0.066 cfs. Applicant will use Well No. 1-13593-F and the New Well together to continue to provide water to the homes within the Wiesner subdivision for domestic, irrigation and other uses associated with a residential development. Applicant requests the Court to approve the change of water right described in this application and to confirm that no change in type of use is required for Applicant’s use of the commercial water right decreed to Well No. 1-13593-F in Case No. W-2622 as described in this application. In the alternative, should the Court determine that Applicant’s use of the subject water right as described above would constitute a change in type of use, this application requests the Court to approve such change. 6. Owner of land on which New Well is located: Applicant. 06CW235 EUGENE AND PATSY NOBLE, 588 N. Faver Drive, Castle Rock, CO 80109. Telephone: (303) 688-0976. APPLICATION FOR UNDERGROUND WATER RIGHT IN DOUGLAS COUNTY. Name of Well: unnamed, permit 9931 (96EF434) Located: SE1/4, NW1/4, S8, T8S, R67W of the 6th PM at a distance 1550 feet from North and 2550 feet from West. Street Address: 588 North Faver Drive. Source: Groundwater. Depth: 418 feet. Date of appropriation: January 3, 1962. How appropriation was initiated: permit filed. Date water applied to beneficial use: October 1961, date of drilling. Amount claimed: 15gpm. Name of Aquifer: Upper Dawson. Use: household, lawn & yard. 06CW236. SOUTH SUBURBAN PARK AND RECREATION DISTRICT, 6631 South University Boulevard, Centennial, Colorado 80121 (303) 798-5131 (send all pleadings and correspondence c/o Evan D. Ela, Collins Cockrel & Cole, P.C., 390 Union Boulevard, Suite 400, Denver, Colorado 80228, (303) 986-1551), Application for Change of Water Rights and Amendment of Plan for Augmentation in ARAPAHOE COUNTY. CHANGE OF WATER RIGHTS: 2. Name of Structures: South Suburban Well No. 3. 3. From previous decree: South Suburban Well No. 3 was originally decreed by the Division 1 Water Court in Case No. 90CW003 on January 22, 1992. 3.1 Location. In the SE/4 of the NW/4 of Section 31, Township 5 South, Range 67 W of the 6th P.M., 2,865 feet from the South section line and 2,520 feet from the West section line of said Section 31. 3.2 Permit No. 15734-F. 3.3 Depth. 1,594 feet. 3.4 Pumping Rate. 300 g.p.m. 3.5 Annual Withdrawal. 162 acre-feet. 3.6 Date of Appropriation. July 23, 1971. 3.7 Date of Beneficial Use. July 19, 1972. 4. Historical Use: South Suburban

Well No. 3 has been used by South Suburban since its construction in 1972 for irrigation of the South Suburban Golf Course, 210 acres located in the S/2 and NW/4 of Section 31, Township 5 South, Range 67 W of the 6th P.M., as shown on Exhibit A hereto. Existing records of historical well pumpage indicate an average annual use of 102 ac-ft, and are tabulated in Exhibit B hereto. 5. Proposed Change: Applicant operates several recreational properties along Big Dry Creek that use water from Big Dry Creek pursuant to decreed water rights and a Plan for Augmentation. The source of augmentation water as decreed in the Plan for Augmentation is provided from irrigation return flow from the use of non-tributary well water on the South Suburban Golf Course among other sources. Applicant seeks to change the use of one such non-tributary well, South Suburban Well No. 3, to allow direct use of water withdrawn from Well No. 3 for all municipal uses including, but not limited to, irrigation, recreation, power generation, fire protection, maintenance and preservation of wildlife and aesthetic values, augmentation, and replacement, adjustment and regulation of South Suburban’s Big Dry Creek water systems, and all other beneficial uses that can be made by such South Suburban water systems, including storage in reservoirs controlled by South Suburban prior to any such uses. Applicant also intends to continue the periodic use of Well No. 3 for irrigation of the South Suburban Golf Course and the reuse of irrigation return flows incurred by such use as originally decreed in Case Nos. 90CW003 and 92CW166. A copy of the current well permit of record, No. 015734-F, is included as Exhibit C hereto. 6. Owners of Land: South Suburban is the owner of the land upon which South Suburban Well No. 3 is located. AMENDMENT OF PLAN FOR AUGMENTATION: 7. South Suburban’s Big Dry Creek Augmentation Plan was originally decreed by the Division 1 Water Court in Case No. 92CW166 on November 1, 1993. That plan provided for three sources of replacement water, a) irrigation return flows from the use of nontributary water on the South Suburban Golf Course, b) 20 ac-ft of non-tributary water available by contract with the City of Englewood, and c) water stored in priority in the District’s Progress Park Ponds. By this application, South Suburban seeks to amend its augmentation plan to add as sources of replacement water the water rights listed below, to eliminate item b above as a source of replacement water because South Suburban’s contract with the City of Englewood no longer exists, and to add additional structures on Big Dry Creek to which the augmentation plan will apply. 8. The water rights to be added as replacement sources are as follows: 8.1 Nontributary water withdrawn from South Suburban Well No. 3 (described in paragraph 3) as changed herein and released directly to Big Dry Creek, stored in the Upper South, Lower South, North or Entrance ponds for release to Big Dry Creek, or conveyed down Big Dry Creek for storage in Cherry Knolls Pond and/or Progress Park Pond Nos. 1 and 2 and later released to Big Dry Creek. 8.2 Releases from the South Suburban Golf Course ponds including, Upper South Pond, Lower South Pond, North Pond and Entrance Pond, originally decreed by the District Court, Water Division No. 1 in Case No. 2000CW230 on November 13, 2003, and totaling 46.0 ac-ft of storage capacity plus authorization to refill to the same capacity. 8.2.1 Locations. 8.2.1.1 Upper South Pond is located in the southeast 1/4 of the southwest 1/4 of Section 31, Township 5 South, Range 67 West of the 6th P.M., at a point approximately 1800 feet from the west section line of said Section 31 and 1140 feet from the south section line of said Section 31, in Arapahoe County. It can be filled by diversions at the Upper Big Dry Creek Diversion, located on the left bank of Big Dry Creek in Section 31, Township 5 South, Range 67 West of the 6th P.M., at a point approximately 2050 feet from the east section line of said Section 31 and 250 feet from the south section line of said Section 31, in Arapahoe County. 8.2.1.2 Lower South Pond is located in the southeast 1/4, and in the southwest 1/4, of the southwest 1/4 of Section 31, Township 5 South, Range 67 West of the 6th P.M., at a point approximately 1200 feet from the west section line of said Section 31 and 850 feet from the south section line of said Section 31, in Arapahoe County. It can be filled by diversions at the Upper Big Dry Creek Diversion, located as described in paragraph 7.2.1(1) herein. 8.2.1.3 North Pond is located in the northeast 1/4 of the southwest 1/4, and in the southeast 1/4 of the northwest 1/4, of Section 31, Township 5 South, Range 67 West of

the 6th P.M., at a point approximately 1920 feet from the west section line of said Section 31 and 2280 feet from the south section line of said Section 31, in Arapahoe County. It can be filled by diversions at the Upper Big Dry Creek Diversion, located as described in paragraph 7.2.1(1) herein. 8.2.1.4 Entrance Pond is located in the southwest 1/4 of the northwest 1/4 of Section 31, Township 5 South, Range 67 West of the 6th P.M., at a point approximately 300 feet from the west section line of said Section 31 and 3050 feet from the south section line of said Section 31, in Arapahoe County. It can be filled by diversions at the Lower Big Dry Creek Diversion, located on the left bank of Big Dry Creek in Section 31, Township 5 South, Range 67 West of the 6th P.M., at a point approximately 1050 feet from the west section line of said Section 31 and 1250 feet from the south section line of said Section 31, in Arapahoe County. It can be filled by diversions at the Lower Big Dry Creek Diversion, located on the left bank of Big Dry Creek in Section 31, Township 5 South, Range 67 West of the 6th P.M., at a point approximately 1050 feet from the west section line of said Section 31 and 1250 feet from the south section line of said Section 31, in Arapahoe County. 8.2.2 Source. The source for the South Suburban Golf Course pond water rights is Big Dry Creek, a tributary of the South Platte River. 8.2.3. Appropriation Date. December 13, 2000. 8.2.4 Use. All water stored for more than three days may be used for irrigation, recreation, augmentation, exchange, wildlife and aesthetic purposes, along with the right to use and reuse to extinction. Reuse to extinction may include release from storage after use for recreation, wildlife and aesthetic purposes and reuse of such releases, along with irrigation return flows, for augmentation, exchange, subsequent irrigation and storage of such reuse water for later release for such purposes. 8.2.5 Amounts. 8.2.5.1 Upper South Pond – 5.0 ac-ft, with right to fill and refill to achieve a total annual storage volume of 10 ac-ft. 8.2.5.2 Lower South Pond – 21.0 ac-ft, with right to fill and refill to achieve a total annual storage volume of 42 ac-ft. 8.2.5.3 North Pond – 15.0 ac-ft, with right to fill and refill to achieve a total annual storage volume of 30 ac-ft. 8.2.5.4 Entrance Pond – 5.0 ac-ft, with right to fill and refill to achieve a total annual storage volume of 10 ac-ft. 8.3 Releases from Cherry Knolls Pond, originally decreed by the District Court, Water Division No. 1 in Case No. 2002CW175 on August 31, 2005, totaling 8.0 ac-ft of storage capacity plus authorization to refill to the same capacity. 8.3.1 Location. Cherry Knolls Pond is located in the N/2 of the SW/4 of Section 25, Township 5 South, Range 68 West of the 6th P.M., at a point approximately 1380 feet east of the west section line of said Section 25 and 2320 feet north of the south section line of said Section 25, in Arapahoe County. It can be filled by diversions at the Cherry Knolls Diversion, located on the right bank of Big Dry Creek in the NW/4 of the SW/4 of Section 25, Township 5 South, Range 68 West of the 6th P.M., at a point approximately 1200 feet east of the west section line of said Section 25 and 1740 feet north of the south section line of said Section 25, in Arapahoe County. 8.3.2 Source. The source for the Cherry Knolls Pond water right is Big Dry Creek, a tributary of the South Platte River. 8.3.3 Appropriation Date. August 14, 2002 8.3.4 Uses. All water stored for more than three days may be used for irrigation, recreation, augmentation, exchange, wildlife and aesthetic purposes, along with the right to use and reuse to extinction. Reuse to extinction may include release from storage after use for recreation, wildlife and aesthetic purposes and reuse of such releases, along with irrigation return flows, for augmentation, exchange, subsequent irrigation and storage of such reuse water for later release for such purposes. 8.3.5 Amount. 8.0 ac-ft, with right to fill and refill to achieve a total annual storage volume of 16 ac-ft. 8.4 Not-nontributary water withdrawn from South Suburban Well No. 5, as decreed by the District Court, Water Division 1, in Case No 90CW003 on January 22, 1992, released directly to Big Dry Creek, stored in the Upper South, Lower South, North or Entrance ponds for release to Big Dry Creek, or conveyed down Big Dry Creek for storage in Cherry Knolls Pond and/or Progress Park Pond Nos. 1 and 2 and later released to Big Dry Creek. 8.4.1 Location. South Suburban Well No. 5 will be located in the SW/4 of the SE/4 of Section 31, Township 5 South, Range 67 West of the 6th P.M., approximately 470 feet from the South section line and 3,825 feet from the West section line, in Arapahoe County. 8.4.2 Source. Denver Aquifer within the Denver Basin. 8.4.3 Depth. 1,000

feet. 8.4.4 Pumping Rate. 200 g.p.m. 8.4.5 Annual Withdrawal. 46.9 acre-feet 8.4.6 Uses. Municipal uses and irrigation, including use, reuse and successive use to extinction, exchange, replacement and augmentation. 8.4.7 Relevant Conditions. South Suburban shall, prior to use of the not non-tributary groundwater decreed to Well No. 5, obtain judicial approval of a Plan for Augmentation requiring it to make replacements to the affected stream system(s) in accordance with the provisions of Section 37-90-137(9)(c), C.R.S. Nothing herein shall be construed as approving such a Plan for Augmentation. 8.5 Nontributary water withdrawn from South Suburban Well No. 6, as decreed by the District Court, Water Division 1, in Case No 90CW003 on January 22, 1992, released directly to Big Dry Creek, stored in the Upper South, Lower South, North or Entrance ponds for release to Big Dry Creek, or conveyed down Big Dry Creek for storage in Cherry Knolls Pond and/or Progress Park Pond Nos. 1 and 2 and later released to Big Dry Creek. 8.5.1 Location. South Suburban Well No. 6 will be located in the SW/4 of the SE/4 of Section 31, Township 5 South, Range 67 West of the 6th P.M., approximately 490 feet from the South section line and 3,825 feet from the West section line, in Arapahoe County. 8.5.2 Source. Laramie-Fox Hills Aquifer within the Denver Basin. 8.5.3 Depth. 2,075 feet 8.5.4 Pumping Rate. 300 g.p.m. 8.5.5 Annual Withdrawal. 46.2 acre-feet 8.5.6 Uses. Municipal uses and irrigation, including use, reuse and successive use to extinction, exchange, replacement and augmentation. 8.6 Nontributary water withdrawn from South Suburban Well No. 8, South-East Well No. A-2 or South-East Well No. A-3, all as decreed by the District Court, Water Division 1, in Case No 90CW004 on October 29, 1996, released directly to Big Dry Creek, stored in Cherry Knolls Pond for release to Big Dry Creek, and/or conveyed down Big Dry Creek for storage in Progress Park Pond Nos. 1 and 2 and later released to Big Dry Creek. 8.6.1 Locations. 8.6.1.1 South Suburban Well No. 8 will be located in the SE/4 of the NW/4 of Section 25, Township 5 South, Range 68 West of the 6th P.M., approximately 1,350 feet from the West section line and 2,420 feet from the North section line, in Arapahoe County. 8.6.1.2 South-East Well No. A-2 will be located in the NW/4 of the NW/4 of Section 25, Township 5 South, Range 68 West of the 6th P.M., approximately 350 feet from the West section line and 300 feet from the North section line, in Arapahoe County. 8.6.1.3 South-East Well No. A-3 will be located in the SW/4 of the SE/4 of Section 25, Township 5 South, Range 68 West of the 6th P.M., approximately 2,150 feet from the East section line and 400 feet from the South section line, in Arapahoe County. 8.6.2 Source. Upper Arapahoe Aquifer within the Denver Basin. 8.6.3 Depth. 1,217 feet (South Suburban Well No. 8); 1,120 (South-East Well No. A-2); 1,230 (South-East Well No. A-3); 8.6.4 Pumping Rate. 200 g.p.m. 8.6.5 Annual Withdrawal. 6.4 acre-feet (total from any one or group of these wells 8.6.6 Uses. Municipal uses and irrigation, including use, reuse and successive use to extinction, exchange, replacement and augmentation. 8.7 Nontributary water withdrawn from South Suburban Well No. 11, as decreed by the District Court, Water Division 1, in Case No 90CW004 on October 29, 1996, released directly to Big Dry Creek, stored in Cherry Knolls Pond for release to Big Dry Creek, and/or conveyed down Big Dry Creek for storage in Progress Park Pond Nos. 1 and 2 and later released to Big Dry Creek. 8.7.1 Location. South Suburban Well No. 11 will be located in the SW/4 of the SW/4 of Section 24, Township 5 South, Range 68 West of the 6th P.M., approximately 220 feet from the West section line and 950 feet from the South section line in said Section 24, in Arapahoe County. 8.7.2 Source. Lower Arapahoe Aquifer within the Denver Basin. 8.7.3 Depth. 1,192 feet 8.7.4 Pumping Rate. 200 g.p.m. 8.7.5 Annual Withdrawal. 6.2 acre-feet 8.7.6 Uses. Municipal uses and irrigation, including use, reuse and successive use to extinction, exchange, replacement and augmentation. 8.8 Nontributary water withdrawn from South Suburban Well No. 9, South Suburban Well No. 12, South-East Well No. LFH-2 or South-East Well No. LFH-3, all as decreed by the District Court, Water Division 1, in Case No 90CW004 on October 29, 1996, released directly to Big Dry Creek, stored in Cherry Knolls Pond for release to Big Dry Creek, and/or conveyed down Big Dry Creek for storage in Progress Park Pond Nos. 1 and 2 and later released to Big Dry Creek. 8.8.1 Locations. 8.8.1.1 South Suburban Well No. 9 will be located in the SE/4 of the NW/4 of Section 25, Township 5

South, Range 68 West of the 6th P.M., approximately 1,350 feet from the West section line and 2,400 feet from the North section line in said Section 25, in Arapahoe County. 8.8.1.2 South Suburban Well No. 12 will be located in the SW/4 of the SW/4 of Section 24, Township 5 South, Range 68 West of the 6th P.M., approximately 260 feet from the West section line and 950 feet from the South section line in said Section 24, in Arapahoe County. 8.8.1.3 South-East Well No. LFH-2 will be located in the NW/4 of the NW/4 of Section 25, Township 5 South, Range 68 West of the 6th P.M., approximately 400 feet from the West section line and 350 feet from the North section line, in Arapahoe County. 8.8.1.4 South-East Well No. LFH-3 will be located in the SW/4 of the SE/4 of Section 25, Township 5 South, Range 68 West of the 6th P.M., approximately 2,100 feet from the East section line and 350 feet from the South section line, in Arapahoe County. 8.8.2 Source. Laramie-Fox Hills Aquifer within the Denver Basin. 8.8.3 Depth. 1,985 feet (South Suburban Well No. 9); 1,890 feet (South Suburban Well No. 12); 1,880 (South-East Well No. LFH-2); 1,950 (South-East Well No. LFH-2). 8.8.4 Pumping Rate. 300 g.p.m. 8.8.5 Annual Withdrawal. 24.4 acre-feet (total from any one or group of these wells) 8.8.6 Uses. Municipal uses and irrigation, including use, reuse and successive use to extinction, exchange, replacement and augmentation. 9. The structures to be added to the augmentation plan are as follows: 9.1 Cherry Knolls Diversion, originally decreed by the Division 1 Water Court in Case No. 2002CW175 on August 31, 2005. 9.1.1 Location. On the right bank of Big Dry Creek as described in paragraph 7.3.1 herein. 9.1.2 Source. The source for the Cherry Knolls Diversion water right is Big Dry Creek, a tributary of the South Platte River. 9.1.3 Appropriation Date. August 14, 2002 9.1.4 Use. Direct flow for irrigation and storage in Cherry Knolls Pond for multiple uses as described in paragraph 7.3.4 herein. 9.1.5 Amount. 2.0 cfs. WHEREFORE, Applicant respectfully requests a judgment and decree of this Court that: 1. Grants a change in use for South Suburban Well No. 3 as requested herein. 2. Grants amendment of the Applicant’s Plan for Augmentation as requested herein. 3. Grants such other relief as the Court deems proper. (12 pages) 06CW237 APPLICATION OF UNDERGROUND WATER RIGHTS FROM THE NOT NONTRIBUTARY DENVER AND NONTRIBUTARY ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS IN THE DENVER BASIN, IN EL PASO COUNTY. 1. Name, Address, and Telephone Number of Applicant(s): William D Larson Jr. and Helen Larson residing at 9515 Thoroughbred Lane, Colorado Springs CO 80908, (719) 495-4706 2. Well Permits: State Engineer Well Permit No. 129307 is an exempt domestic well. 3. Legal Description of Wells and Subject Property. a) Existing Wells. Existing well having Permit Number 129307 is located in El Paso County on 5.0 acres of land described as the SW1/4 of the NE1/4 of Section 15, Township 11 South, Range 65 West of the 6th PM, Lot 05 Block 5 in Willow Springs Estates having the street address of 9515 Thoroughbred Lane, Colorado Springs CO 80908. The general location of the property is shown on Attachment A hereto “Subject Property”. The permit for the existing domestic well is presented as Attachment B b) Additional Wells. Additional wells may be drilled into the Denver Basin aquifers pursuant to this application and subsequent decree. Well permit applications for well(s) to be drilled into the Denver Basin Aquifers which are subject to this application will be applied for prior to well drilling. The well(s) will be located at any location on applicant’s property consisting of approximately 5.0 acres of land located in El Paso County, described as the SW1/4 of the NE1/4 of Section 15, Township 11 South, Range 65 West of the 6th PM, Lot 05 Block 5 in Willow Springs Estates, in El Paso County. 4. Source, Pumping Rates and Depth. a) Not- nontributary Ground Water.The source of the groundwater to be withdrawn from the Dawson aquifer is not-nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. Applicant plans to retain the existing permit for the exempt well located in the Dawson aquifer on the Subject Property. Well(s) to withdraw the remaining available Dawson aquifer groundwater will require replacement to the effected stream system of an amount of water equal to either the actual depletions caused by

pumping such wells or four percent (4%) of the amount of water withdrawn pursuant to a judicially approved plan for augmentation. No such plan is sought herein. b) Nontributary Ground Water. The groundwater to be withdrawn from the Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater as described in 37-90-103(10.5), C.R.S. Applicant will comply with the requirement to relinquish two percent (2%) of all such nontributary ground water withdrawn to the stream system. c) Average Pumping Rates and Well Depths, Future Wells. The wells will withdraw the subject groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicants will withdraw the subject groundwater through wells to be located at any location on the Subject Property. Applicants waive the 600 foot spacing rule as described in Section 37-90-137(2) C.R.S. for wells located on the Subject Property. Applicants also claim the right to construct additional and/or replacement wells in order to maintain levels of production, to meet water supply demands, or to recover the entire amount of groundwater in each of said aquifers underlying the Subject Property. Based on an average ground surface elevation of 7460 feet above mean sea level, on the Subject Property, the approximate depths to the top and bottom of each aquifer are as follows: Aquifer Depth to Top

(feet below ground surface) Depth to Bottom

(feet below ground surface) Dawson 170 1080 Denver 1130 1960 Arapahoe 2000 2520 Laramie-Fox Hills 2840 3140

These depths are approximate and are based on geologic and topographic information available from the Colorado State Engineers’ Office. Actual well completion depth(s) may vary from these estimates based on the actual geologic conditions below the Subject Property. 5. Date of Appropriation. Pursuant Section 37-92-305 (11) C.R.S. the date of appropriation, the date the water was applied to beneficial use, and the manner of initiation of the water rights sought herein are not applicable to the not- nontributary and nontributary groundwater rights sought herein, and no showings of, or applications for, reasonable diligence are required with respect to such water rights. 6. Amount Claimed. The estimated average annual amounts available for withdrawal from the aquifers underlying the Subject Property, as indicated below, are based on the Denver Basin Rules, 2 C.C.R. 402-6. The amount of available water for the Dawson aquifer reflects the total amount underlying the property. Retaining the existing exempt Dawson well will reduce this number by one (1) acre-foot as specified in Permit 129307. Applicants estimate the following annual amounts are representative of the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying the Subject Property:

Aquifer

Saturated Thickness

(feet)

Specific Yield

(percent)

Estimated Amount Available (Acre-ft)

Dawson (NNT) 460 20 4.6 Denver (NT) 380 17 3.2 Arapahoe (NT) 267 17 2.3 Laramie-Fox Hills (NT) 187 15 1.4

Pursuant to C.R.S. 37-92-305(11), Applicants request the Court to retain jurisdiction as necessary to provide for the adjustment of the average annual amount of groundwater in the not-nontributary Dawson, and nontributary Denver, Arapahoe and Laramie-Fox Hills aquifers of the Denver Basin underlying the subject property to conform to actual local aquifer characteristics as determined from adequate information obtained from well drilling or test holes. a) Banking. As allowed by the “banking” provisions of Rule 8.A of the Statewide Nontributary Groundwater

Rules 2C.C.R. 402-7, Applicants claim the right to withdraw more water each year from each of the aquifers than the average amount available annually from each aquifer, so long as the sum of the withdrawals from all the wells completed into each aquifer does not exceed the product of the average annual amount of withdrawal available from that aquifer times the number of years since the date of issuance of a permit to construct a well into the aquifer, or the date of this decree, whichever date occurs first. b) Well Field Provisions. Consistent with Rule 14 of the Statewide Nontributary Groundwater Rules, Applicants claim the right to produce the total allowed annual amount of withdrawal claimed hereunder for each aquifer, including amounts claimed from each aquifer pursuant to the “banking” provision of Rule 8.A through a single well drilled into each aquifer or through a combination of wells drilled into each aquifer. c)Adjustments Based on Site-Specific Data. As wells are drilled and site-specific data are obtained for each aquifer, different characteristics and sand thickness may be proven to exist and the total amount of groundwater available may change. Accordingly, Applicants request the right to revise these estimates and to obtain a decree for whatever amount of groundwater is shown to be in the Aquifers without the necessity of amending this application or republishing the same. 8. Proposed Uses. Water withdrawn through the existing exempt well located in the Dawson aquifer on the Subject Property will be used in accordance with the uses specified in permit 129307. The remaining ground water in the Dawson aquifer and the Denver, Arapahoe, and Laramie-Fox Hills ground water withdrawn pursuant the water rights claimed herein may be used, stored, reused and successively used to extinction and /or leased, sold or otherwise disposed of for all purposes including domestic, agricultural, commercial, irrigation, stock watering, recreational, fish and wildlife, fire protection, replacement of depletions, augmentation, exchange and any other beneficial uses on or off the Subject Property. 9.Names and Addresses of Owners of Land Upon Which the Wells are to be Located. Same as Applicants. Attachment C is the deed of trust showing ownership of the property. There are no other liens against the property. 10. Remarks. Applicants request the Court to enter a decree a) granting the application and confirming the Applicants’ right to withdraw groundwater from the nontributary Denver, Arapahoe and Laramie-Fox Hills Aquifers and that such water rights are vested property rights. And, further confirming the Applicants’ right to withdrawal the not-nontributary Dawson with the provision that an application and approval of an augmentation plan to replace stream depletions caused by pumping from said aquifer will be required prior to withdrawal of Dawson aquifer groundwater and that such water rights are vested property rights b) The Applicant may retain the existing well under the exempt well Permit Number 129307; c) finding that such groundwater is available for withdrawal by Applicants in the estimated average annual amount described herein and for all the uses claimed herein at rates of flow up to such rates as will allow for efficient withdrawal of the entire available amount from each aquifer, including such higher rates as may be necessary to meet peak pumping requirements; d) granting the right to withdrawal such groundwater anywhere on the Subject Property, and waiving applicable spacing requirements; e) granting the right to construct additional and replacement wells into the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers to meet water supply demands, or to recover the entire amount of groundwater available to the Applicants without the necessity of filing an amendment to this application, republishing it, or petitioning the Court for the reopening of any decree hereafter entered; f) granting the right to have two or more wells constructed into the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying the Subject Property be considered a well field pursuant to Rule 4.A. (13) and Rule 14 of the Statewide Nontributary Groundwater Rules, 2 C.C.R. 402-7 and the right to produce the total allowed annual allowed withdrawal claimed hereunder, including amounts claimed from each aquifer pursuant to the “banking” provisions, through a single well drilled into each aquifer or combination of wells drilled into each aquifer; g) finding that the groundwater in the Denver, Arapahoe, and Laramie-Fox Hills aquifers is “nontributary” as defined in C.R.S. 37-90-103 (10.5), and that the rate of withdrawal from each said aquifers will not, within 100 years, deplete the flow of a surface

stream at an annual rate greater than one-tenth of one percent of the annual rate of withdrawal. Further finding that the groundwater in the Dawson aquifer is not-nontributary and vested or conditionally decreed water rights of others will not be materially injured by the withdrawals proposed herein provided that no withdrawals of the not-nontributary ground water will be made except pursuant to a court approved augmentation plan. h) granting Applicants right to consume, by means of original use, reuse, and successive use, all but two percent of the amount of groundwater which will be withdrawn from the Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying the Subject Property; i) granting the right to withdraw more water each year from each of the aquifers than the average amount available annually from each, so long as the sum of the withdrawals from all of the wells completed into a particular aquifer does not exceed the product of the average annual amount of withdrawal available from that aquifer times the number of years since the date of issuance of a permit to construct a well into such aquifer or the date of this decree, whichever occurs first; j) finding that the date of appropriation, date the water was applied to beneficial use, and the manner of initiation of the water rights sought herein are not applicable to the water rights sought herein and that no showings of or applications for findings of reasonable diligence are required with respect to such water rights; k) retaining jurisdiction to provide for the adjustment of the average annual amount of groundwater available in the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers under the Subject Property to conform to actual local aquifer characteristics as determined from adequate information obtained from well drilling or test holes; l) and directing the State Engineer to issue well permits in conformance with this decree. 06CW238 Name, address, telephone number of Applicant: Board of County Commissioners of the County of Arapahoe, Colorado (“Arapahoe County”), c/o Ron Carl, Esq., County Attorney's Office, 5334 S. Prince Street, Littleton, CO 80166, (303)795-4639; c/o Paul J. Zilis, Esq., Vranesh and Raisch, LLP, P.O. Box 871, Boulder, CO 80306, IN ARAPAHOE COUNTY. 2. Well permits: Well permits will be applied for when Applicant is prepared to construct the wells. 3. Legal description of overlying land upon which wells will be located: Arapahoe County owns approximately 264.32 acres of land and has retained the ground water rights with approximately 135.99 acres of adjoining lands, for a total of 400.31 acres, which lands overlie the Arapahoe Aquifer. The lands are located in Section 8 and the North 1/2 of the North 1/2 of Section 17, Township 5 South, Range 65 West of the 6th P.M., County of Arapahoe, State of Colorado, as shown on the map attached and incorporated as Exhibit A (“Subject Property”) and as described in the legal description attached and incorporated as Exhibit B (“Legal Description of Subject Property”). Applicant may withdraw the ground water through wells to be located at any location on the 264.32 acres owned by Applicant within the Subject Property, which may include additional wells constructed pursuant to C.R.S. § 37-90-137(10). 4. Source: Arapahoe Aquifer underlying the Subject Property. Depth: Based upon existing data in the Denver Basin Rules, 2 C.C.R. 402-6, the depth of these wells will be approximately 1,650 feet. The actual well depth may vary based on land surface elevations and aquifer depths verified from drilling and electric logs. 5. Date of Appropriation: The date of appropriation is inapplicable to this application for nontributary Denver Basin underground water rights. 6. Amount Claimed: Applicant claims all of the unappropriated nontributary ground water in the Arapahoe Aquifer underlying the Subject Property that was not previously conveyed to another entity. A prior decree awarded in Case No. 84CW034, District Court, Water Division No. 1 on May 28, 1985 (“Case No. 84CW034”), adjudicated the nontributary ground water in the Arapahoe Aquifer underlying a 771 acre parcel of land, which parcel included the Subject Property. The decree granted a water right for 258 acre-feet annually, which was subsequently conveyed to another entity. The decree in Case No. 84CW034 provides that an application may be filed to appropriate additional amounts of water greater than those set forth in the decree determined to be available pursuant to the criteria set forth in C.R.S. ' 37-90-137(4). Applicant’s engineers have estimated using the Denver Basin

Rules, 2 C.C.R. 402-6, that a total of 54.5 acre feet is available annually from the Arapahoe Aquifer underlying the Subject Property, in addition to the 258 acre feet originally decreed in Case No. 84CW034. Applicant claims only the 54.5 acre feet of unappropriated ground water. However, this estimated amount may vary up or down depending upon the Determinations of Fact filed by the State Engineer and the actual aquifer characteristics underlying the Subject Property. 7. Proposed Use: Applicant may use all ground water in the Arapahoe Aquifer underlying the Subject Property for municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, fire protection, or any other beneficial use. This water may be put to direct use or stored for subsequent use, and may also be used for exchange, augmentation, or replacement purposes, both on and off the Subject Property. This water may be used, reused, successively used, and disposed of to extinction. 8. Name(s) and Address(es) of Owners of Land Upon Which Any Structure Is Or Will Be Located, Upon Which Water Is Or Will Be Stored, Or Upon Which Water Is Or Will Be Put to Beneficial Use: A. Applicant owns approximately 264.32 acres of the Subject Property, upon which structures may be located, and upon which water may be stored and put to beneficial use. B. Cherry Creek School District No. 5 condemned approximately 135.99 acres of the Subject Property. The Condemnation Order specifically provided that no underground water rights were acquired by the School District. Applicant will give notice of filing of this application within 10 days as required by C.R.S. § 37-92-302(2)(b) to: Cherry Creek School District No. 5, 4700 South Yosemite St., Greenwood Village, CO 80111; C. Applicant has an agreement with Rangeview Metropolitan District and Pure Cycle Corporation whereby structures may be located and water may be stored and put to beneficial use on property owned by these entities for use within their systems: Rangeview Metropolitan District, Pure Cycle Corporation, 8451 Delaware Street, Thornton, CO 80260. 9. Remarks: A. Applicant claims the right to withdraw more than the average annual amount estimated above or decreed in this case pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimated the amounts of water available for withdrawal from beneath the Subject Property using currently available data from the Denver Basin Rules, Applicant requests the right to revise the average annual amount of withdrawal upward or downward, based on better or revised data including the Determinations of Fact filed by the State Engineer in this case, without the necessity of amending or republishing this Application. 10. Request for relief: Applicant requests that the Court enter a decree, which determines that: A. This ground water is nontributary ground water as defined in C.R.S. § 37-90-103(10.5). B. Applicant has the vested right to use all of the ground water in the Arapahoe Aquifer underlying the Subject Property. C. The Court will retain jurisdiction with respect to the average annual amount of withdrawal to provide for the adjustment of such amount to conform to actual aquifer characteristics obtained from wells or test holes drilled on or near Applicant’s property pursuant to C.R.S. § 37-92-305(11). 06CW239 Name, address, telephone number of Applicant: Board of County Commissioners of the County of Arapahoe, Colorado (“Arapahoe County”), c/o Ron Carl, Esq., County Attorney's Office, 5334 S. Prince Street, Littleton, CO 80166, (303)795-4639; c/o Paul J. Zilis, Esq., Vranesh and Raisch, LLP, P.O. Box 871, Boulder, CO 80306; IN ARAPAHOE COUNTY. 2. Well permits: Well permits will be applied for when Applicant is prepared to construct the wells. 3. Legal description of overlying land upon which wells will be located: Arapahoe County owns approximately 264.32 acres of land and has retained the groundwater rights with approximately 135.99 acres of adjoining lands, for a total of 400.31 acres, which lands overlie the Denver Aquifer. The lands are located in Section 8 and the North 1/2 of the North 1/2 of Section 17, Township 5 South, Range 65 West of the 6th P.M., County of Arapahoe, State of Colorado, as shown on the map attached and incorporated as Exhibit A (“Subject Property”) and are described in the legal description attached and incorporated as Exhibit B (“Legal Description of Subject Property”). Applicant may withdraw the ground water through wells to be located at any location

on the 264.32 acres owned by Applicant within the Subject Property, which may include additional wells constructed pursuant to C.R.S. § 37-90-137(10). 4. Source: Denver Aquifer underlying the Subject Property. Depth: Based upon existing data in the Denver Basin Rules, 2 C.C.R. 402-6, the depth of these wells will be approximately 1,100 feet. The actual well depth may vary based on land surface elevations and aquifer depths verified from drilling and electric logs. 5. Date of Appropriation: The date of appropriation is inapplicable for not nontributary Denver Basin underground water rights. 6. Amount Claimed: A total of 229.1 acre feet, as set forth below: Applicant claims all of the unappropriated not nontributary ground water in the Denver Aquifer underlying the Subject Property based upon the following: a. A prior decree awarded in Case No. 84CW034, District Court, Water Division No. 1 on May 28, 1985 (“Case No. 84CW034”), adjudicated the ground water in the Denver Aquifer as nontributary ground water underlying a 771 acre parcel of land, which parcel included the Subject Property. Applicant quieted title to the ground water rights in the Denver Aquifer decreed in Case No. 84CW034 underlying 444.66 acres which it owned in the amount of 52 acre-feet annually in Case No. 2003CV2960, District Court, Arapahoe County. Applicant subsequently conveyed 69.93 acres of the 444.66 acres, along with a pro rata share of the decreed 52 acre feet, or 8.18 acre feet to a third party. In addition, a portion of the 444.66 acres, approximately 103.78 acres, was condemned by Cherry Creek School District No. 5 ("School District"). However, the ground water rights underlying the condemned property were specifically retained by the Applicant. Based upon its current ownership, Applicant is entitled to 43.82 acre feet in the Denver Aquifer which were decreed in Case No. 84CW034. b. The decree in Case No. 84CW034 provides that an application may be filed to appropriate additional amounts of water greater than those set forth in the decree determined to be available pursuant to the criteria set forth in C.R.S. ' 37-90-137(4). Applicant’s engineers have estimated using the Denver Basin Rules, 2 C.C.R. 402-6, that a total of 229.1 acre feet of not nontributary ground water is available annually from the Denver Aquifer underlying the Subject Property, which is comprised of the lands described above and an additional 32.21 acre parcel, which was owned by Applicant within the Subject Property and subsequently condemned by the School District. Applicant retained the ground water underlying that parcel. Applicant therefore claims the unappropriated ground water in the amount of 185.28 acre feet, in addition to the 43.82 acre feet currently decreed to Applicant in Case No. 84CW034. However, this estimated amount may vary up or down depending upon the Determinations of Fact filed by the State Engineer and the actual aquifer characteristics underlying the Subject Property. 7. Proposed Use: Applicant may use all ground water in the Denver Aquifer underlying the Subject Property for municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, fire protection, or any other beneficial use. This water may be put to direct use or stored for subsequent use, and may also be used for exchange, augmentation, or replacement purposes, both on and off the Subject Property. This water may be used, reused, successively used, and disposed of to extinction. 8. Name(s) and Address(es) of Owners of Land Upon Which Any Structure Is Or Will Be Located, Upon Which Water Is Or Will Be Stored, Or Upon Which Water Is Or Will Be Put to Beneficial Use: A. Applicant owns approximately 264.32 acres of the Subject Property, upon which structures may be located, and upon which water may be stored and put to beneficial use. B. Cherry Creek School District No. 5 condemned approximately 135.99 acres of the Subject Property. The Condemnation Order specifically provided that no underground water rights were acquired by the School District. Applicant will give notice of filing of this application within 10 days as required by C.R.S. § 37-92-302(2)(b) to: Cherry Creek School District No. 5, 4700 South Yosemite St., Greenwood Village, CO 80111. C. Applicant has an agreement with Rangeview Metropolitan District and Pure Cycle Corporation whereby structures may be located and water may be stored and put to beneficial use on property owned by these entities for use within their systems: Rangeview Metropolitan District, Pure Cycle Corporation, 8451 Delaware Street, Thornton, CO 80260. 9. Remarks: A. Applicant claims the right to withdraw more than the average annual

amount estimated above or decreed in this case pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimated the amounts of water available for withdrawal from beneath the Subject Property using currently available data from the Denver Basin Rules, Applicant requests the right to revise the average annual amount of withdrawal upward or downward, based on better or revised data including the Determinations of Fact filed by the State Engineer in this case, without the necessity of amending or republishing this Application. 10. Request for relief: Applicant requests that the Court enter a decree, which determines that: A. This ground water is not nontributary ground water as defined in C.R.S. § 37-90-103(10.7). B. Applicant has the vested right to use all of the ground water in the Denver Aquifer underlying the Subject Property. C. The Court will retain jurisdiction with respect to the average annual amount of withdrawal to provide for the adjustment of such amount to conform to actual aquifer characteristics obtained from wells or test holes drilled on or near Applicant’s property pursuant to C.R.S. § 37-92-305(11). 06CW240. 1.Name, address, telephone number of Applicant: Board of County Commissioners of the County of Arapahoe, Colorado (“Arapahoe County”), c/o Ron Carl, Esq., County Attorney's Office, 5334 S. Prince Street, Littleton, CO 80166., (303)795-4639; c/o Paul J. Zilis, Esq., Vranesh and Raisch, LLP, P.O. Box 871, Boulder, CO 80306. IN ARAPAHOE COUNTY. 2. Well permits: Well permits will be applied for when Applicant is prepared to construct the wells. 3. Legal description of overlying land upon which wells will be located: Arapahoe County owns approximately 264.32 acres of land and has retained the ground water rights with approximately 135.99 acres of adjoining lands, for a total of 400.31 acres, which lands overlie the Laramie-Fox Hills Aquifer. The lands are located in Section 8 and the North 1/2 of the North 1/2 of Section 17, Township 5 South, Range 65 West of the 6th P.M., County of Arapahoe, State of Colorado, as shown on the map attached and incorporated as Exhibit A (“Subject Property”) and as described in the legal description attached and incorporated as Exhibit B (“Legal Description of Subject Property”). Applicant may withdraw the ground water through wells to be located at any location on the 264.32 acres owned by Applicant within the Subject Property, which may include additional wells constructed pursuant to C.R.S. § 37-90-137(10). 4. Source: Laramie-Fox Hills Aquifer underlying the Subject Property. Depth: Based upon existing data in the Denver Basin Rules, 2 C.C.R. 402-6, the depth of these wells will be approximately 2,250 feet. The actual well depth may vary based on land surface elevations and aquifer depths verified from drilling and electric logs. 5. Date of Appropriation: The date of appropriation is inapplicable to this application for nontributary Denver Basin underground water rights. 6. Amount Claimed: A total of 92 acre feet per year. Applicant claims all of the unappropriated nontributary water in the Laramie-Fox Hills Aquifer underlying the Subject Property based upon the following: a) A prior decree awarded in Case No. 84CW034, District Court, Water Division No. 1 on May 28, 1985 (“Case No. 84CW034”), adjudicated the nontributary ground water in the Laramie-Fox Hills Aquifer underlying a 771 acre parcel of land, which parcel included the Subject Property. Applicant quieted title to the ground water rights in the Laramie-Fox Hills Aquifer decreed in Case No. 84CW034 underlying 444.66 acres in the amount of 72 acre-feet annually in Case No. 2003CV2960, District Court, Arapahoe County. Applicant subsequently conveyed 69.93 acres of the 444.66 acres, along with a pro rata share of the decreed 72 acre-feet, or 10.79 acre-feet to a third party. In addition, a portion of the 444.66 acres, approximately 103.78 acres, was condemned by Cherry Creek School District No. 5 ("School District"). However, the ground water rights underlying the condemned property were specifically retained by the Applicant. Based upon its current ownership, Applicant is entitled to 61.21 acre feet of ground water rights in the Laramie-Fox Hills Aquifer which were decreed in Case No. 84CW034. b) The decree in Case No. 84CW034 provides that an application may be filed to appropriate additional amounts of water greater than those set forth in the decree determined to be available pursuant to the criteria set forth in C.R.S. ' 37-90-137(4). Applicant’s

engineers have estimated using the Denver Basin Rules, 2 C.C.R. 402-6, that a total of 92 acre feet of nontributary ground water is available annually from the Laramie-Fox Hills Aquifer underlying the Subject Property, which is comprised of the lands described above and an additional 32.21 acre parcel, which was owned by Applicant within the Subject Property and subsequently condemned by the School District. Applicant retained the ground water underlying that parcel. Applicant therefore claims unappropriated ground water in the amount of 30.79 acre feet, in addition to the 61.21 acre feet currently decreed to Applicant in Case No. 84CW034. However, this estimated amount may vary up or down depending upon the Determinations of Fact filed by the State Engineer and the actual aquifer characteristics underlying the Subject Property. 7. Proposed Use: Applicant may use all ground water in the Laramie-Fox Hills Aquifer underlying the Subject Property for municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, fire protection, or any other beneficial use. This water may be put to direct use or stored for subsequent use, and may also be used for exchange, augmentation, or replacement purposes, both on and off the Subject Property. This water may be used, reused, successively used, and disposed of to extinction. 8. Name(s) and Address(es) of Owners of Land Upon Which Any Structure Is Or Will Be Located, Upon Which Water Is Or Will Be Stored, Or Upon Which Water Is Or Will Be Put to Beneficial Use: A. Applicant owns approximately 264.32 acres of the Subject Property, upon which structures may be located, and upon which water may be stored and put to beneficial use. B. Cherry Creek School District No. 5 condemned approximately 135.99 acres of the Subject Property. The Condemnation Order specifically provided that no underground water rights were acquired by the School District. Applicant will give notice of filing of this application within 10 days as required by C.R.S. § 37-92-302(2)(b) to: Cherry Creek School District No. 5, 4700 South Yosemite St., Greenwood Village, CO 80111. C. Applicant has an agreement with Rangeview Metropolitan District and Pure Cycle Corporation whereby structures may be located and water may be stored and put to beneficial use on property owned by these entities for use within their systems: Rangeview Metropolitan District, Pure Cycle Corporation, 8451 Delaware Street, Thornton, CO 80260. 9. Remarks: A. Applicant claims the right to withdraw more than the average annual amount estimated above or decreed in this case pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimated the amounts of water available for withdrawal from beneath the Subject Property using currently available data from the Denver Basin Rules, Applicant requests the right to revise the average annual amount of withdrawal upward or downward, based on better or revised data including the Determinations of Fact filed by the State Engineer in this case, without the necessity of amending or republishing this Application. 10. Request for relief: Applicant requests that the Court enter a decree, which determines that: A. This ground water is nontributary ground water as defined in C.R.S. § 37-90-103(10.5). B. Applicant has the vested right to use all of the ground water in the Laramie-Fox Hills Aquifer underlying the Subject Property. C. The Court will retain jurisdiction with respect to the average annual amount of withdrawal to provide for the adjustment of such amount to conform to actual aquifer characteristics obtained from wells or test holes drilled on or near Applicant’s property pursuant to C.R.S. § 37-92-305(11). 06CW241 Name, address, telephone number of Applicant: Board of County Commissioners of the County of Arapahoe, Colorado (“Arapahoe County”), c/o Ron Carl, Esq., County Attorney's Office, 5334 S. Prince Street, Littleton, CO 80166, (303)795-4639; c/o Paul J. Zilis, Esq., Vranesh and Raisch, LLP, P.O. Box 871, Boulder, CO 80306. IN ARAPAHOE COUNTY. 2. Well permits: Well permits will be applied for when Applicant is prepared to construct the wells. 3. Legal description of overlying land upon which wells will be located: Arapahoe County owns approximately 264.32 acres of land and has retained the groundwater rights with approximately 135.99 acres of adjoining lands, for a total of 400.31 acres, which lands overlie the Dawson Aquifer. The lands are located in Section 8 and the North 1/2 of the North 1/2 of Section 17,

Township 5 South, Range 65 West of the 6th P.M., County of Arapahoe, State of Colorado, as shown on the map attached and incorporated as Exhibit A (“Subject Property”) and as described in the legal description attached and incorporated as Exhibit B (“Legal Description of Subject Property”). Applicant may withdraw the ground water through wells to be located at any location on the 264.32 acres owned by Applicant within the Subject Property, which may include additional wells constructed pursuant to C.R.S. § 37-90-137(10). Source: Dawson Aquifer underlying the Subject Property. Depth: Based upon existing data in the Denver Basin Rules, 2 C.C.R. 402-6, the depth of these wells will be approximately 200 feet. The actual well depth may vary based on land surface elevations and aquifer depths verified from drilling and electric logs. 5. Date of Appropriation: The date of appropriation is inapplicable for not nontributary Denver Basin underground water rights. 6. Amount Claimed: Applicant claims all of the unappropriated not nontributary ground water in the Dawson Aquifer underlying the Subject Property. Applicant’s engineers have estimated using the Denver Basin Rules, 2 C.C.R. 402-6, that 39.8 acre feet are available annually from the Dawson Aquifer underlying the Subject Property, and Applicant claims the unappropriated ground water in the amount of 39.8 acre feet. However, this estimated amount may vary up or down depending upon the Determinations of Fact filed by the State Engineer and the actual aquifer characteristics underlying the Subject Property. 7. Proposed Use: Applicant may use all ground water in the Dawson Aquifer underlying the Subject Property for municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, fire protection, or any other beneficial use. This water may be put to direct use or stored for subsequent use, and may also be used for exchange, augmentation, or replacement purposes, both on and off the Subject Property. This water may be used, reused, successively used, and disposed of to extinction. 8. Name(s) and Address(es) of Owners of Land Upon Which Any Structure Is Or Will Be Located, Upon Which Water Is Or Will Be Stored, Or Upon Which Water Is Or Will Be Put to Beneficial Use: A. Applicant owns approximately 264.32 acres of the Subject Property, upon which structures may be located, and upon which water may be stored and put to beneficial use. B. Cherry Creek School District No. 5 condemned approximately 135.99 acres of the Subject Property. The Condemnation Order specifically provided that no underground water rights were acquired by the School District: Applicant will give notice of the filing of this Application within 10 days as required by C.R.S. § 37-92-302(2)(b) to: Cherry Creek School District No. 5, 4700 South Yosemite St., Greenwood Village, CO 80111. C. Applicant has an agreement with Rangeview Metropolitan District and Pure Cycle Corporation, whereby structures may be located and water may be stored and put to beneficial use on property owned by these entities for use within their systems: Rangeview Metropolitan District, Pure Cycle Corporation, 8451 Delaware Street, Thornton, CO 80260. 9. Remarks: A. Applicant claims the right to withdraw more than the average annual amount estimated above or decreed in this case pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimated the amounts of water available for withdrawal from beneath the Subject Property using currently available data from the Denver Basin Rules, Applicant requests the right to revise the average annual amount of withdrawal upward or downward, based on better or revised data including the Determinations of Fact filed by the State Engineer in this case, without the necessity of amending or republishing this Application. 10. Request for relief: Applicant requests that the Court enter a decree, which determines that: A. This ground water is not nontributary ground water as defined in C.R.S. § 37-90-103(10.7). B. Applicant has the vested right to use all of the ground water in the Dawson Aquifer underlying the Subject Property. C. The Court will retain jurisdiction with respect to the average annual amount of withdrawal to provide for the adjustment of such amount to conform to actual aquifer characteristics obtained from wells or test holes drilled on or near Applicant’s property pursuant to C.R.S. § 37-92-305(11).

06CW242 BCK FARMS, LLC, 2812 S. Quitman Street, Denver, CO 802036, through their attorneys:Petrock & Fendel, P.C., Scott M. Huyler, Atty. Reg. #27342, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY LOWER DAWSON AND DENVER AQUIFERS, IN DOUGLAS COUNTY. 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 45 acres of land being that part of the S1/2NW1/4 of Section 20, T7S, R67W of the 6th P.M., lying south of the south right of way line of the Denver and Rio Grande Western Railroad, as shown on Attachment A hereto. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property subject to Section 37-90-137(4), C.R.S. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in Section 37-90-103(10.5), C.R.S. The groundwater to be withdrawn from the Lower Dawson and Denver aquifers is not nontributary as described in Sections 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicant estimates that the following annual amounts are representative of the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property:

Saturated Estimated Aquifer Thickness Annual Amount Lower Dawson 90 feet 8 acre-feet (NNT) Denver 400 feet 31 acre-feet (NNT) Arapahoe 330 feet 25 acre-feet (NT) Laramie-Fox Hills 160 feet 11 acre-feet (NT) 6. Well Fields: Applicant requests that this Court determine that Applicant has the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein and any additional wells which may be completed in the future as Applicant's well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: The water will be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: domestic, industrial, commercial, irrigation, livestock watering, recreational, and fish and wildlife. Said water will be produced for immediate application to said uses, both on and off the Subject Property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Remarks: A. Applicant claims the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimated the amounts of water available for withdrawal from the subject aquifers, Applicant requests the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. 06CW243 APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS. EVELYN AND PATRICK GRIFFITH AND LAURA LEA HUXLEY,

Applicants, IN ELBERT COUNTY. 1. Name, Address and Telephone Number of Applicants: Evelyn and Patrick Griffith, and Laura Lea Huxley, 1744 S. Sedalia Circle, Aurora, CO 80017, (303) 751-3949 by and through their attorneys PETROCK & FENDEL, PC, 700 17th St., Suite 1800, Denver, CO 80202, 303-534-0702. 2.Well Permits: Well permits will be applied for prior to construction of the wells. 3.Legal Description of Wells and Subject Property: The wells which will withdraw groundwater from the not nontributary Upper Dawson and nontributary Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers will be located at any location on approximately 5.09 acres of land, being Lot 39, Prairie Trail Ranches, which is generally located in part of the SE1/4 of Section 2, T7S, R65W of the 6th P.M., as shown on Attachment A hereto ("Subject Property"). 4.Source of Water Rights: The source of the groundwater to be withdrawn from the Upper Dawson aquifer is not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. The groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater as described in 37-90-103(10.5), C.R.S. 5.Estimated Amounts and Rates of Withdrawal: The wells will withdraw the subject amounts of groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicants will withdraw the subject groundwater through wells to be located at any location on the Subject Property. Applicants will withdraw the water to be decreed in the Upper Dawson aquifer through an existing well completed into the Upper Dawson aquifer as permitted in Well Permit No. 203496 which will be re-permitted to operate pursuant to the augmentation plan requested below. Applicants waive any 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicants estimate the following annual amounts are representative of the subject aquifers underlying the Subject Property: Saturated Annual Aquifer Thickness Amount Upper Dawson 160 feet 1.1 acre-feet Lower Dawson 43 feet 0.4 acre-feet Denver 300 feet 2.6 acre-feet Arapahoe 300 feet 2.5 acre-feet Laramie-Fox Hills 190 feet 1.4 acre-feet 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through wells which may be located anywhere on the Subject Property, and any additional wells which may be completed in the future as Applicants' well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: The water will be used and reused for domestic, commercial, industrial, irrigation, stockwatering, fire protection and augmentation uses, both on and off the Subject Property. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Description of plan for augmentation: A. Groundwater to be augmented: 1.1 acre-feet per year of Upper Dawson aquifer groundwater as described in paragraph 5 above. B. Water rights to be used for augmentation: Return flows from the use of not nontributary Upper Dawson aquifer water and return flows or direct discharge of nontributary ground water.C. Statement of plan for augmentation: Applicants will use the Upper Dawson water to supply up to two residences through the existing and/or new wells at rates of flow of 15 gpm. The well or wells will be limited to 1.1 acre-feet per year for inhouse use in two residences (0.8 acre-feet), irrigation of 4000 square-feet of lawn and garden (0.25 acre-feet), and stockwatering of 4 large domestic animals (0.05 acre-feet). Applicants reserve the right to amend these values and amounts without amending this application or republishing the same. Sewage treatment for inhouse use will be provided by a non-evaporative septic system. Consumptive use

associated with in-house use will be approximately 10% of water used and it is estimated that approximately 10% of water used for irrigation will be returned to the stream system. Stockwatering uses will be considered to be 100% consumptively used. During pumping Applicants will replace actual depletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S. Applicants estimate that depletions occur to the Coal Creek stream system. Return flows from use of the subject water will accrue to the South Platte River stream system via that stream system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an adequate amount of the nontributary Laramie-Fox Hills aquifer groundwater requested herein to meet post pumping augmentation requirements, but reserve the right to substitute the use of other nontributary groundwater decreed requested herein or located underlying other land, including return flows, for replacement of post-pumping depletions at such time that post-pumping depletions may begin. 10. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7.B.Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thickness, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. C.Applicants will withdraw up to 1.1 acre-feet per year of the not nontributary Upper Dawson aquifer groundwater requested herein through the existing and new wells under the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. 06CW244 CHENANGO HOMEOWNERS ASSOCIATION, Applicant, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NOT NONTRIBUTARY DENVER AQUIFER, IN ARAPAHOE COUNTY. 1.Name and address of Applicant: Chenango Homeowners Association, 2625 S. Colorado Blvd.. Denver, CO 80222, through their attorneys: Petrock & Fendel, P.C., Scott M. Huyler, Atty. Reg. #27342, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702, 2. Well Permits:Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The wells which will withdraw groundwater from the not nontributary Denver aquifer will be located at any location on approximately 41.64 acres of land, being Outlot A, F, and E, and all bridle paths, in Chenango Filings 1, 2, and 3, generally located in the NE1/4 of Section 32, lying east of Parker Road, and all or parts of the N1/2 of Section 33 and the N1/2 of Section 34, T5S, R66W of the 6th P.M., as shown on Attachment A hereto ("Subject Property"). 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Denver aquifer is not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. 5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the groundwater at rates of flow necessary to efficiently withdraw the entire decreed amount. Applicant will withdraw the subject groundwater through wells to be located at any location on the Subject Property. Applicant waives any 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. The estimated average annual amount of withdrawal available from the subject aquifer as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicant estimates that based on a saturated thickness of 190 feet, there is approximately 13 acre-feet per year of Denver aquifer groundwater available underlying the Subject Property. 6.Well Field: Applicant requests that this Court determine that Applicant has the right to withdraw all of the Denver aquifer groundwater lying below the Subject Property, through wells which may be located anywhere on the Subject Property, and any additional wells which may be completed in the future as Applicants' well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7.Proposed Use: Applicant will use the water for domestic, commercial, irrigation, livestock watering, fire protection, and augmentation purposes,

both on and off the Subject Property. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9.Description of plan for augmentation: A.Groundwater to be augmented: All of the Denver aquifer groundwater which may be available underlying the Subject Property as requested in paragraph 5 above. B. Water rights to be used for augmentation: Return flows from the use of not nontributary groundwater herein and direct discharge or return flows associated with use of nontributary Arapahoe and/or Laramie-Fox Hills aquifer groundwater as decreed in Case No. 98CW299, District Court, Water Division 1, located underlying the Subject Property. Applicant is the owner of 16.61 acre-feet per year of nontributary Arapahoe and 14.1 acre-feet per year of nontributary Laramie-Fox Hills aquifer groundwater underlying the Subject Property. C. Statement of plan for augmentation: The subject Denver aquifer groundwater will be used for irrigation of open space owned by the Applicant. The well or wells will withdraw at rates of flow necessary to withdraw the entire decreed amount. Irrigation use will require approximately 2.5 acre-feet for each acre of irrigated area. Irrigation of trees and bushes will require a smaller supply. Approximately 10% of water used for irrigation will be returned to the stream system. During pumping Applicant will replace an amount equal to 4% of the annual amount withdrawn to the affected stream system pursuant to 37-90-137(9)(c), C.R.S. Applicant estimates that depletions may occur to the Cherry Creek stream system. Return flows from use of the subject water rights via that stream system will accrue to the South Platte River stream system, and those return flows are sufficient to replace the required amount while the subject groundwater is being pumped. Applicants will reserve an adequate amount of its nontributary groundwater decreed in Case No. 98CW299 to meet post pumping augmentation requirements, but reserves the right to substitute the use of other nontributary groundwater, including return flows, either underlying the Subject Property, or from another location which is legally available for such purpose, for replacement of post-pumping depletions at such time that post-pumping depletions may begin. 10. Remarks: A. Applicant claims the right to withdraw more than the average annual amounts estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7.B. Applicant will withdraw the Denver aquifer groundwater available under the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. 06CW245 CHRISTOPHER AND LOUISA SMITH, Applicants, IN DOUGLAS COUNTY. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS1.Name, address, and telephone number of Applicants: Christopher and Louisa Smith, 10145 E. Meadow Run, Parker, CO 80138, (303) 619-5870 , through their attorneys Petrock & Fendel, P.C., Scott M. Huyler, Atty. Reg. #27342, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702, 2. Well Permits: Well permits will be applied for prior to construction of the wells., 3. Legal Description of Wells and Subject Property: The wells which will withdraw groundwater from the not nontributary Upper Dawson and nontributary Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers will be located at any location on approximately 35 acres of land located in part of the E1/2 SW1/4 of Section 4, T7S, R65W of the 6th P.M., as described and shown on Attachment A hereto ("Subject Property")., 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Upper Dawson aquifer is not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. The groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater as described in 37-90-103(10.5), C.R.S., 5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicants will withdraw the subject groundwater through wells to be located at any location on

the Subject Property. Applicants waive any 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based on the Denver Basin Rules, 2 C.C.R. 402-6. Applicants estimate the following annual amounts are representative of the subject aquifers: Saturated Annual Aquifer Thickness Amount Upper Dawson 172 feet 1 2 acre-feet Lower Dawson 78 feet 5 acre-feet Denver 330 feet 1 9 acre-feet Arapahoe 240 feet 14 acre-feet Laramie-Fox Hills 189 feet 10 acre-feet 6. Well Field: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through wells which may be located anywhere on the Subject Property, and any additional wells which may be completed in the future as Applicants' well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S., 7.Proposed Use: Applicants will use, reuse, and successively use the water for domestic, commercial, industrial, irrigation, livestock watering, fire protection, storage, and exchange and augmentation purposes, both on and off the Subject Property., 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. , 9. Description of plan for augmentation: A. Groundwater to be augmented: All or parts of the Upper Dawson aquifer as requested herein as described in paragraph 5 above. , B.Water rights to be used for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water., C. Statement of plan for augmentation: Applicants will use the Upper Dawson water for inhouse use in two residences, small qualifying commercial use, irrigation of home lawn and garden and trees, stockwatering, and fire protection, including storage. The well or wells will operate at rates of flow necessary to withdraw the amount decreed herein. Inhouse and commercial use will require approximately 1 acre-foot, stockwatering and fire protection will require approximately 1 acre-foot, and irrigation will require approximately 10 acre-feet per year. Applicants reserve the right to amend these values based on final planning of the Subject Property. Sewage treatment for inhouse and commercial use will be provided by a non-evaporative septic system. Consumptive use associated with in-house use will be approximately 10% of water used and it is estimated that approximately 10% of water used for irrigation will be returned to the stream system. Stockwatering and fire protection are 100% consumptively used. , During pumping Applicants will replace actual depletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S. Applicants estimate that depletions may occur to the Coal Creek stream system. Return flows from use of the subject water rights via that stream system will accrue to the South Platte River stream system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. If such return flows are not sufficient, the required replacement will be pumped directly into the stream system from the Upper Dawson well. Applicants will reserve an equal amount of nontributary Laramie-Fox Hills aquifer groundwater underlying the Subject Property to meet post pumping augmentation requirements, but reserves the right to substitute the use of other nontributary groundwater, including return flows, either underlying the Subject Property, or from another location which is legally available for such purpose, for replacement of post-pumping depletions at such time that post-pumping depletions may begin.

06CW246 Juliana K. Lehman Revocable Trust, c/o Juliana K. Lehman, Trustee, 5178 Elk Ridge Road, Evergreen, Colorado 80439, North Fork Associates, LLC and the Mountain Mutual Reservoir Company, 2525 South Wadsworth Blvd., Suite 306, Denver, Colorado 80227. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR UNDERGROUND WATER RIGHT, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT. IN JEFFERSON COUNTY. APPLICATION FOR UNDERGROUND WATER RIGHT: 1. Name of Well and Permit, Registration or Denial Number: Lehman Well No. 1 (Permit No. 246233). 2. Legal Description of the Well: The Well is located in the NE 1/4 NW 1/4 of Section 18, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado, at a point approximately 100 feet from the North Section line and 3,000 feet from the East Section line of said Section 18. It can also be described as being located on Parcel 1, Case No. 02-108095MA, Jefferson County. 3.A. Source of Water: Ground water that is tributary to Buffalo Creek, Bear Creek and the South Platte River. 3.B. Depth of Well: 500 feet. Date of Appropriation: August 23, 1973. 4.B. How Appropriation was Initiated: Issuance of a well permit by the Colorado Division of Water Resources. 4.C. Date Water Applied to Beneficial Use: April 1, 1974. 5. Amount Claimed: 8 gallons per minute, Absolute, and 7 gallons per minute, Conditional. 6. Uses: Ordinary household purposes inside a single family dwelling, the irrigation of lawns and gardens, the watering of livestock, the maintenance of a decorative pool/water feature and a hot tub/spa, and fire protection purposes. 7. Name and Address of Owner of Land on which the Well is Located: Juliana K. Lehman Revocable Trust, as described above. 8. Remarks: The Permit for the Lehman Well No. 1 was originally issued pursuant to C.R.S. §37-92-602. Upon approval of the plan for augmentation being requested, a new well permit application for the Well will be submitted to the State Engineer, along with a request that Permit No. 246233 be cancelled. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT: 1. Name of Structure to be Augmented: Lehman Well No. 1. 2. Water Rights to be Used for Augmentation Purposes. a. The Juliana K. Lehman Revocable Trust (“Lehman”), has entered into a contract with North Fork Associates, LLC to purchase 3.2 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 3.2 shares represent the right to receive 0.099 of an acre foot of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders, as more particularly described below. b. The water rights which MMRC owns for the benefit of its shareholders (hereinafter referred to as the "Bear Creek/Turkey Creek water rights"), are summarized as follows: i. Harriman Ditch. 7.71 shares of the 400 shares of capital stock (1.93%), issued and outstanding in the Harriman Ditch Company. Said Company owns direct flow water rights decreed to the Harriman Ditch. Pursuant to the Decree entered in Civil Action No. 6832, on February 4, 1884, the Ditch was awarded the following direct flow priorities:

Appropriation Date

Priority Number Source Amount MMRC Entitlement

April 15, 1868 21 Turkey Creek 10.75 cfs 0.2072 cfs March 16, 1869 23 Bear Creek 7.94 cfs 0.1530 cfs May 1, 1871 25 Bear Creek 25.54 cfs 0.4923 cfs March 1, 1882 30 Bear Creek 12.87 cfs 0.2481 cfs The Bear Creek headgate of the Harriman Ditch is located on the South bank of Bear Creek in the NE 1/4 NE 1/4, Section 2, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Turkey Creek headgate of the Harriman Ditch is located on the South bank of Turkey Creek near the Southwest corner of Section 6, Township 5 South, Range 69 West, 6th P.M., Jefferson County, Colorado. The Ditch was originally decreed for irrigation, livestock watering, domestic and municipal purposes. ii. Warrior Ditch. 2.0 shares of the 160 shares of capital stock (1.25%),

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

Appropriation Date

Priority Number Source Amount MMRC Entitlement

Dec. 1, 1861 4 Bear Creek 12.33 cfs 0.1541 cfs April 16, 1862 8 Turkey Creek 2.86 cfs 0.0358 cfs Oct. 31, 1864 14 Bear Creek 25.47 cfs 0.3184 cfs April 1, 1865 16 Bear Creek 11.49 cfs 0.1436 cfs The headgates of the Warrior Ditch are the same as those of the Harriman Ditch, described above. The Ditch was originally decreed for irrigation purposes. iii. Soda Lakes Reservoir Nos. 1 and 2. 8.71 shares of the 400 shares of capital stock (2.18%), issued and outstanding in the Soda Lakes Reservoir and Mineral Water Company. Said Company owns storage water rights decreed to the Soda Lakes Reservoir Nos. 1 and 2. Pursuant to the Decree entered in Civil Action No. 91471 on September 24, 1935, the Soda Lake Reservoir Nos. 1 and 2 were adjudicated for 1,794 acre feet for irrigation purposes, and 598 acre feet for storage for supplying the City of Denver with water for municipal purposes, including the watering of lawns and gardens. The date of appropriation awarded the structures was February 11, 1893. The Soda Lakes Reservoirs are located in Section 1, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Reservoirs are filled through the Harriman Ditch. iv. Meadowview Reservoir. The structure is located in the NE 1/4 SW 1/4 and the NW 1/4 SE 1/4 of Section 26, Township 5 South, Range 71 West, 6th P.M., Jefferson County. Meadowview Reservoir was awarded a conditional water right in Case No. 2001CW294, in an amount of water up to 50 acre feet, for augmentation, replacement, exchange and substitution purposes, with the understanding that the amount will be reduced to the difference between 50 acre feet and the volume of water decreed in Case No. 94CW290 for the same purposes. The source is water tributary to North Turkey Creek. Harriman Ditch and Warrior Ditch direct flow water and water available to MMRC in the Soda Lakes Reservoirs are also stored in Meadowview Reservoir by exchange pursuant to the appropriative rights of substitution and exchange decreed in Case Nos. 94CW290, 2000CW060 and 2001CW293. c. The overall "firm" yield of consumptive use water available from the MMRC portfolio of Bear Creek/Turkey Creek water rights and storage facilities was quantified in the Decree entered by the District Court for Water Division 1 in Case No. 2001CW293, dated July 16, 2003. The terms and conditions under which the Bear Creek/Turkey Creek water rights are used for augmentation and replacement purposes are set forth in the Decree in Case No. 2001CW293, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the Decree in Case No. 2001CW293 for more detailed information. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under C.R.S. §37-92-103(9), §302(1)(2) and §305(8): a. Lehman is the record owner of Parcel 1, Case No. 02-108095MA, Jefferson County. The property consists of approximately 11.51 acres and is located in the NW 1/4 of Section 18, Township 5 South, Range 71 West, 6th P.M., Jefferson County. The property is depicted on the attached Exhibit "A." b. The use of water from the Lehman Well No. 1 is limited to in-house purposes within a single family residence pursuant to Well Permit No. 246233. Lehman desires to expand the use of water from the well to include a separate guest apartment/office, the watering of livestock, irrigation, and the maintenance of water levels in a decorative pool/water feature and a hot tub/spa. c. Wastewater from all in-building uses of water is or will be treated utilizing a non-evaporative septic system with soil absorption leach fields. Return flows are to Buffalo Creek. d. Based on prior engineering studies of similar residential subdivisions, it is assumed that the maximum average occupancy of the single family residence will be 3.5 persons, and that the per capita daily water

usage will not exceed 80 gallons as an annual average. Water usage within the guest apartment/office will average no more than 140 gallons per day. The augmentation plan also covers the irrigation of 500 square feet of lawn grass, or equivalent gardens, and the watering of ten horses. Gross irrigation requirements for lawn grass are anticipated to be no more than 1.25 acre feet of water per irrigated acre. Water requirements for horses are assumed to be 10 gallons per animal per day. Maintenance of water levels in the decorative pool/water feature and the hot tub/spa are projected to require approximately 0.009 of an acre foot of water per year. The total volume of water required is projected to be approximately 0.6 of an acre foot per year. e. Depletions associated with water that is used inside the buildings will be based on a ten percent (10%) consumption factor. Consumption of lawn grass at this location is 1.0 acre foot per acre. All of the water supplied to horses is assumed to be consumed. Maximum stream depletions are not anticipated to exceed 0.099 of an acre foot per year. Depletions during the irrigation season of six months will average 0.0097 of an acre foot per month. Depletions during the remainder of the year will average 0.0068 of an acre foot per month. f. The required volume of augmentation water will be provided from the sources described in Paragraph No. 2, above. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration. g. Whenever possible, depletions to the stream system which occur during the period April through October, inclusive, will be continuously augmented by MMRC forgoing the diversion of a portion of its Warrior Ditch and/or Harriman Ditch direct flow water rights. During times when MMRC's direct flow water rights are not in priority and during the months of November through March, inclusive, depletions will primarily be augmented by periodically releasing water from the Soda Lakes Reservoirs. h. Since the point of depletion associated with water use from the Lehman Well No. 1 is on a side tributary of Bear Creek and upstream of the Harriman Ditch headgate, Lehman asserts an appropriative right of substitute supply and exchange pursuant to C.R.S. §37-80-120 and §37-92-302(1)(a). The reach of the exchange shall extend from the confluence of Bear Creek and Turkey Creek at Bear Creek Lake in Section 5, Township 5 South, Range 69 West, 6th P.M., Jefferson County; thence up Bear Creek to its confluence with Buffalo Creek located in the NW 1/4 NW 1/4 of Section 9, Township 5 South, Range 71 West, 6th P.M.; and thence up Buffalo Creek to the point where depletions from the subject well impact Buffalo Creek in the SW 1/4 of Section 6, Township 5 South, Range 71 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in Buffalo Creek, Bear Creek and the South Platte River as the depletions occur. The exchange may also be used to fill an on-site storage container if such a container is ever determined to be needed. The exchange will be administered with a priority date of November 30, 2006, at a maximum flow rate of 0.001 of a cubic foot per second. i. Lehman believes and asserts that the depletions associated with the well described herein, combined with depletions associated with other augmentation plans filed subsequent to 1994, will result in less than a one percent depletive effect on the instream flow water rights held by the Colorado Water Conservation Board on Bear Creek that were decreed in Case Nos. 94CW258, 94CW259 and 94CW260. 4. Name and Address of Owner of Land on which New Structures will be Located: N/A. WHEREFORE, Lehman requests the entry of a decree approving this Application, specifically determining that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights. Lehman also requests a determination that the well described herein can be operated without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. Lehman further requests the entry of an Order directing the State Engineer to issue a new permit for the subject well. (7 pages and one exhibit).

06CW247 Michael J. Kortendick and Joanne L. Kortendick, 33266 Broce Ranch Trail, Evergreen, Colorado 80439, North Fork Associates, LLC and the Mountain Mutual

Reservoir Company, 2525 South Wadsworth Blvd., Suite 306, Denver, Colorado 80227. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR UNDERGROUND WATER RIGHT, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT. IN JEFFERSON COUNTY. APPLICATION FOR UNDERGROUND WATER RIGHT: 1. Name of Well and Permit, Registration or Denial Number: Kortendick Well No. 1 (Permit No. 76560). 2. Legal Description of the Well: The Well is located in the SE 1/4 SW 1/4 of Section 18, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado, at a point approximately 50 feet from the South Section line and 2,350 feet from the East Section line of said Section 18. 3.A. Source of Water: Ground water that is tributary to Buffalo Creek, Bear Creek and the South Platte River. 3.B. Depth of Well: 360 feet. Date of Appropriation: September 13, 1974. 4.B. How Appropriation was Initiated: Issuance of a well permit by the Colorado Division of Water Resources. 4.C. Date Water Applied to Beneficial Use: October 1, 1974. 5. Amount Claimed: 2 gallons per minute, Absolute, and 13 gallons per minute, Conditional. 6. Uses: Ordinary household purposes inside a single family dwelling, the irrigation of lawns and gardens, the watering of livestock, the maintenance of a decorative pool/water feature and a hot tub/spa, and fire protection purposes. 7. Names and Address of Owner of Land on which the Well is Located: Michael J. Kortendick and Joanne L. Kortendick, as described above. 8. Remarks: The Permit for the Kortendick Well No. 1 was originally issued pursuant to C.R.S. §37-92-602. Upon approval of the plan for augmentation being requested, a new well permit application for the Well will be submitted to the State Engineer, along with a request that Permit No. 76560 be cancelled. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT: 1. Name of Structure to be Augmented: Kortendick Well No. 1. 2. Water Rights to be Used for Augmentation Purposes. a. Michael J. Kortendick and Joanne L. Kortendick (“Kortendicks”), have entered into a contract with North Fork Associates, LLC to purchase 2.8 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 2.8 shares represent the right to receive 0.088 of an acre foot of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders, as more particularly described below. b. The water rights which MMRC owns for the benefit of its shareholders (hereinafter referred to as the "Bear Creek/Turkey Creek water rights"), are summarized as follows: i. Harriman Ditch. 7.71 shares of the 400 shares of capital stock (1.93%), issued and outstanding in the Harriman Ditch Company. Said Company owns direct flow water rights decreed to the Harriman Ditch. Pursuant to the Decree entered in Civil Action No. 6832, on February 4, 1884, the Ditch was awarded the following direct flow priorities:

Appropriation Date

Priority Number Source Amount MMRC Entitlement

April 15, 1868 21 Turkey Creek 10.75 cfs 0.2072 cfs March 16, 1869 23 Bear Creek 7.94 cfs 0.1530 cfs May 1, 1871 25 Bear Creek 25.54 cfs 0.4923 cfs March 1, 1882 30 Bear Creek 12.87 cfs 0.2481 cfs The Bear Creek headgate of the Harriman Ditch is located on the South bank of Bear Creek in the NE 1/4 NE 1/4, Section 2, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Turkey Creek headgate of the Harriman Ditch is located on the South bank of Turkey Creek near the Southwest corner of Section 6, Township 5 South, Range 69 West, 6th P.M., Jefferson County, Colorado. The Ditch was originally decreed for irrigation, livestock watering, domestic and municipal purposes. ii. Warrior Ditch. 2.0 shares of the 160 shares of capital stock (1.25%), issued and outstanding in the Warrior Ditch Company. Said Company owns direct flow water rights decreed to the Warrior Ditch. Pursuant to the Decree entered in Civil Action No. 6832 on February 4, 1884, the Ditch was awarded the following direct flow priorities:

Appropriation Date

Priority Number Source Amount MMRC Entitlement

Dec. 1, 1861 4 Bear Creek 12.33 cfs 0.1541 cfs April 16, 1862 8 Turkey Creek 2.86 cfs 0.0358 cfs Oct. 31, 1864 14 Bear Creek 25.47 cfs 0.3184 cfs April 1, 1865 16 Bear Creek 11.49 cfs 0.1436 cfs The headgates of the Warrior Ditch are the same as those of the Harriman Ditch, described above. The Ditch was originally decreed for irrigation purposes. iii. Soda Lakes Reservoir Nos. 1 and 2. 8.71 shares of the 400 shares of capital stock (2.18%), issued and outstanding in the Soda Lakes Reservoir and Mineral Water Company. Said Company owns storage water rights decreed to the Soda Lakes Reservoir Nos. 1 and 2. Pursuant to the Decree entered in Civil Action No. 91471 on September 24, 1935, the Soda Lake Reservoir Nos. 1 and 2 were adjudicated for 1,794 acre feet for irrigation purposes, and 598 acre feet for storage for supplying the City of Denver with water for municipal purposes, including the watering of lawns and gardens. The date of appropriation awarded the structures was February 11, 1893. The Soda Lakes Reservoirs are located in Section 1, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Reservoirs are filled through the Harriman Ditch. iv. Meadowview Reservoir. The structure is located in the NE 1/4 SW 1/4 and the NW 1/4 SE 1/4 of Section 26, Township 5 South, Range 71 West, 6th P.M., Jefferson County. Meadowview Reservoir was awarded a conditional water right in Case No. 2001CW294, in an amount of water up to 50 acre feet, for augmentation, replacement, exchange and substitution purposes, with the understanding that the amount will be reduced to the difference between 50 acre feet and the volume of water decreed in Case No. 94CW290 for the same purposes. The source is water tributary to North Turkey Creek. Harriman Ditch and Warrior Ditch direct flow water and water available to MMRC in the Soda Lakes Reservoirs are also stored in Meadowview Reservoir by exchange pursuant to the appropriative rights of substitution and exchange decreed in Case Nos. 94CW290, 2000CW060 and 2001CW293. c. The overall "firm" yield of consumptive use water available from the MMRC portfolio of Bear Creek/Turkey Creek water rights and storage facilities was quantified in the Decree entered by the District Court for Water Division 1 in Case No. 2001CW293, dated July 16, 2003. The terms and conditions under which the Bear Creek/Turkey Creek water rights are used for augmentation and replacement purposes are set forth in the Decree in Case No. 2001CW293, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the Decree in Case No. 2001CW293 for more detailed information. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under C.R.S. §37-92-103(9), §302(1)(2) and §305(8): a. The Kortendicks are the record owners of a 3.5 acre parcel of property located in the S 1/2 of Section 18 and the NW 1/4 of Section 19, Township 5 South, Range 71 West, 6th P.M., Jefferson County. The property is depicted on the attached Exhibit "A." The water supply for the property is supplied by the Kortendick Well No. 1. b. The use of water from the Kortendick Well No. 1 is limited to in-house purposes within a single family residence pursuant to Well Permit No. 76560. The Kortendicks desire to expand the use of water from the well to include the watering of livestock, irrigation, and the maintenance of water levels in a decorative pool/water feature and a hot tub/spa. c. Wastewater from all in-building uses of water is treated utilizing a non-evaporative septic system with soil absorption leach fields. Return flows are to Buffalo Creek. d. Based on prior engineering studies of similar residential subdivisions, it is assumed that the maximum average occupancy of the single family residence will be 3.5 persons, and that the per capita daily water usage will not exceed 80 gallons as an annual average. The augmentation plan also covers the irrigation of 500 square feet of lawn grass, or equivalent gardens, and the watering of three horses. Gross irrigation requirements for lawn grass are anticipated to be no more than 1.25 acre

feet of water per irrigated acre. Water requirements for horses or horse equivalents are assumed to be 10 gallons per animal per day. Maintenance of water levels in the decorative pool/water feature and the hot tub/spa are projected to require approximately 0.009 of an acre foot of water per year. The total volume of water required is projected to be approximately 0.5 of an acre foot per year. e. Depletions associated with water that is used inside the buildings will be based on a ten percent (10%) consumption factor. Consumption of lawn grass at this location is 1.0 acre foot per acre. All of the water supplied to horses is assumed to be consumed. Maximum stream depletions are not anticipated to exceed 0.088 of an acre foot per year. Depletions during the irrigation season of six months will average 0.0088 of an acre foot per month. Depletions during the remainder of the year will average 0.0058 of an acre foot per month. f. The required volume of augmentation water will be provided from the sources described in Paragraph No. 2, above. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration. g. Whenever possible, depletions to the stream system which occur during the period April through October, inclusive, will be continuously augmented by MMRC forgoing the diversion of a portion of its Warrior Ditch and/or Harriman Ditch direct flow water rights. During times when MMRC's direct flow water rights are not in priority and during the months of November through March, inclusive, depletions will primarily be augmented by periodically releasing water from the Soda Lakes Reservoirs. h. Since the point of depletion associated with water use from the Kortendick Well No. 1 is on a side tributary of Bear Creek and upstream of the Harriman Ditch headgate, the Kortendicks assert an appropriative right of substitute supply and exchange pursuant to C.R.S. §37-80-120 and §37-92-302(1)(a). The reach of the exchange shall extend from the confluence of Bear Creek and Turkey Creek at Bear Creek Lake in Section 5, Township 5 South, Range 69 West, 6th P.M., Jefferson County; thence up Bear Creek to its confluence with Buffalo Creek located in the NW 1/4 NW 1/4 of Section 9, Township 5 South, Range 71 West, 6th P.M.; and thence up Buffalo Creek to the point where depletions from the subject well impact Buffalo Creek in the SW 1/4 SE 1/4 of Section 18, Township 5 South, Range 71 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in Buffalo Creek, Bear Creek and the South Platte River as the depletions occur. The exchange may also be used to fill an on-site storage container if such a container is ever determined to be needed. The exchange will be administered with a priority date of November 30, 2006, at a maximum flow rate of 0.001 of a cubic foot per second. i. The Kortendicks believe and assert that the depletions associated with the well described herein, combined with depletions associated with other augmentation plans filed subsequent to 1994, will result in less than a one percent depletive effect on the instream flow water rights held by the Colorado Water Conservation Board on Bear Creek that were decreed in Case Nos. 94CW258, 94CW259 and 94CW260. 4. Name and Address of Owner of Land on which New Structures will be Located: N/A. WHEREFORE, the Kortendicks request the entry of a decree approving this Application, specifically determining that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights. The Kortendicks also request a determination that the well described herein can be operated without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. The Kortendicks further request the entry of an Order directing the State Engineer to issue a new permit for the subject well. (7 pages and one exhibit).

AMENDMENTS 02CW116, PUBLIC SERVICE COMPANY OF COLORADO, D/B/A XCEL ENERGY INC., Water Resources, 4653 Table Mountain Drive, Golden, Colorado 80403, c/o Brian M. Nazarenus, Carolyn F. Burr, James M. Noble, RYLEY CARLOCK & APPLEWHITE, 1775 Sherman

Street, 21st Floor, Denver, Colorado 80203, (303) 863-7500. Second Amended Application for Conditional Appropriative Rights of Exchange in ADAMS AND WELD COUNTIES. 2. Explanation of Amendments: Public Service Company of Colorado, d/b/a Xcel Energy (“PSCo”) filed an “Application for Conditional Appropriative Rights of Exchange” on June 26, 2002 (the “Initial Application”). The Initial Application sought a conditional exchange on the South Platte River and Clear Creek, using various sources of substitute supply, to allow increased diversions of water for use at the Cherokee Steam Electric Generating Station (the “Cherokee Station”). A “First Amended Application for Conditional Appropriative Rights of Exchange” was filed on August 31, 2004 (the “First Amended Application”). The First Amended Application added several additional sources of substitute supply to be used in the conditional exchange. Hereinafter, the Initial Application and the First Amended Application are referred to together as the “Combined Application.” By this Second Amended Application for Conditional Appropriative Rights of Exchange, PSCo requests: 1) that an additional point of diversion on the South Platte River below the outfall of the Metro Wastewater Treatment Plant (hereinafter the “Cherokee Exchange Pipeline”), which is within the original exchange reach, be added as an upstream point of exchange; 2) a new, conditional direct flow water right associated with the Cherokee Exchange Pipeline; and 3) a plan for augmentation, whereby fully consumable return flows derived from the sources of substitute supply that are listed in Paragraph 3(a) of the Combined Application and are released to the South Platte River at the Cherokee Station Outfall Facility may be used as a substitute supply to allow out-of-priority diversions by the junior water rights servicing the Cherokee Station. See Figure 1, attached hereto, for the locations of the various facilities involved in the Combined Application and this Second Amended Application. 3. The Combined Application is Amended as follows: Additions have been underlined, and deletions are shown as strikethroughs: Paragraph 2 of the Combined Application, “Structures Involved in Exchanges,” is amended to include the following new subparagraph e: “e. Cherokee Exchange Pipeline. The Cherokee Exchange Pipeline will be a point of diversion on the west bank of the South Platte River that will be located downstream of the Metro Wastewater Treatment Plant outfall in Section 1, Township 3 South, Range 68 West of the 6th P.M. at a point approximately 1600 feet east of the West section line and 10 feet north of the South section line. Water diverted at the Cherokee Exchange Pipeline will be delivered via a pipeline to the Cherokee Station.” Paragraph 3(b) of the Combined Application, “Exchange Reaches,” is amended as follows: “i. Confluence to Gardeners Ditch Exchange. PSCo seeks a conditional appropriative right of exchange from the point of the confluence of St. Vrain Creek and the South Platte River upstream to the Gardeners Ditch Diversion Dam and/or the Cherokee Exchange Pipeline. Simultaneously with its otherwise out-of-priority diversions from the South Platte River through the Gardeners Ditch Diversion Dam and/or the Cherokee Exchange Pipeline, PSCo shall deliver equal amounts of fully consumable Contract Water water derived from any of the sources of substitute supply described in Paragraph 3(a) above to the Confluence. ii. Confluence to Fisher Ditch Exchange. PSCo seeks a conditional appropriative right of exchange from the point of the confluence of St. Vrain Creek and the South Platte River upstream to the Fisher Ditch Headgate. Simultaneously with its otherwise out-of-priority diversions from Clear Creek into Fisher Ditch, PSCo shall deliver equal amounts of fully consumable Contract Water water derived from any of the sources of substitute supply described in Paragraph 3(a) above to the Confluence.” Paragraph 3(c)(i) of the Combined Application is amended as follows: “i. The amount of the exchange form the Confluence to the Gardeners Ditch and/or the Cherokee Exchange Pipeline shall not exceed 20 cfs, CONDITIONAL.” Paragraph 4 of the Combined Application, Owners of Facilities, is amended to add the following subparagraph d.: “d. The Cherokee Exchange Pipeline. The Cherokee Exchange Pipeline will be located on land owned by Public Service Company of Colorado.” Two new sections, Paragraphs 6 and 7 to the Combined Application, are added as follows: “6. Claim for Conditional Water Right: A. Name of Structure: Cherokee Exchange Pipeline. B. Legal Description: The approximate point of

diversion for the Cherokee Exchange Pipeline will be in the SE1/4 of the SW1/4 of Section 1, Township 3 South, Range 68 West of the 6th P.M. at a point 1,600 feet east of the West section line and 10 feet north of the South section line of said Section 1. C. Source: South Platte River. D. Amount Claimed: 20 c.f.s., Conditional. E. Appropriation Date: October 31, 2006. F. Proposed Uses: All industrial uses associated with the generation of electrical energy at Cherokee Station, including, without limitation, industrial cooling, dust suppression, irrigation of lawns, trees and gardens adjacent to Cherokee Station, domestic and sanitary purposes, fire protection, augmentation and exchange. Said water right may be used directly or stored for subsequent use and may be used and reused to extinction. G. Owner of Land on Which Structure is Located: Applicant. 7. Claim for Plan For Augmentation. A. Water Rights to be Augmented: 1. The Cherokee Pump Station Water Right: The Cherokee Pump Station Water Right was decreed by the Division No. 1 Water Court in Case No. 97CW382. PSCo is seeking to adjudicate the Gardeners Ditch Diversion Dam as an alternate point of diversion for the Cherokee Pump Station Water Right in Case No. 02CW55. a. Points of Diversion: i. Diversion Point A: A point located in the SW1/4 of the NW1/4 of Section 12, Township 2 South, Range 68 West of the 6th P.M., in Adams County, Colorado, whence the Northwest Corner of said Section 12 bears North 1º 0’ 0” West, a distance of 1,720 feet. ii. Diversion Point B: A point located in the SW1/4 of the NW1/4 of Section 12, Township 2 South, Range 68 West of the 6th P.M., in Adams County, Colorado, whence the Northwest Corner of said Section 12 bears North 2º 30’ 0” West, a distance of 2,050 feet. iii. Gardeners Ditch Diversion Dam: In Case No. 02CW55, PSCo is seeking to include the Gardeners Ditch Diversion Dam as an alternate point of diversion for the Cherokee Pump Station Water Right. It is located in the NE1/4 of the SE1/4of Section 11, Township 2 South, Range 68 West of the 6th P.M., approximately 4,220 feet from the North section line and 150 feet from the East section line, Adams County, Colorado. b. Source: South Platte River. c. Amount: 20 c.f.s., Conditional. d. Appropriation Date: November 18, 1997. 2. Cherokee Pipeline Water Right: The Cherokee Pipeline Water Right was decreed by the Division No. 1 Water Court in Consolidated Case Nos. 91CW005 and 91CW055. a. Point of Diversion: Fisher Ditch Headgate, located in the Northwest 1/4 of the Northwest 1/4 of Section 17, Township 3 South, Range 68 West, at a point approximately 60 feet east and 200 feet south of the Northwest corner of said section, in Adams County. b. Source: Clear Creek. c. Appropriation Date: July 31, 1991. d. Amount: 35.00 c.f.s. Conditional. 3. Cherokee Exchange Pipeline, described in paragraph 6, above. B. Sources of Substitute Supply. Consumptive use credits attributable to the fully consumable water rights described in Paragraph 3(a) above, which have been diverted pursuant to the conditional right of exchange sought in this application, and returned to the South Platte River via the Cherokee Station outfall. C. Description of Plan For Augmentation. The water diverted by exchange pursuant to the water rights described in Paragraph 3(a) above may be used, reused, and successively used to extinction for all industrial purposes at the Cherokee Station. However, water used at the Cherokee Station is not fully consumed; approximately 25% of the water used in the Cherokee Station is returned to the South Platte River. Accordingly, a portion of the fully consumable water diverted pursuant to the exchange of the water rights described in Paragraph 3(a), above, is returned to the South Platte River at the Cherokee Station outfall. PSCo will use such fully consumable water to augment out-of-priority depletions attributable to the Cherokee Pipeline Water Right, the Cherokee Pump Station Water Right, and the Cherokee Exchange Pipeline Water Right. The specific amount of such consumptive use credits available as an augmentation source will be determined on a daily basis by measuring the actual discharge rate as a percentage of the daily supply derived from such exchanged consumptive use credits.” 4. Remainder of Combined Application Unchanged. The remainder of the Combined Application is unchanged by this Second Amended Application. 05CW051 L & M ENTERPRISES, INC., P.O. Box W, Berthoud, CO 80513 (970-532-3706). Clark Williams and Matsunaka, LLC, Stanley T. Matsunaka, #9843 Sean D. Rutledge, #33710,

2881 N. Monroe Avenue, Suite 1, Loveland, CO 80538 (970-669-8668 ). AMENDED APPLICATION CONCERNING THE APPLICATION FOR CHANGE OF WATER RIGHTS AND PLAN FOR AUGMENTATION IN WELD AND LARIMER COUNTIES. 1. Name and address of the applicant: L&M Enterprises, Inc. P.O. Box W Berthoud, CO 80513 (970) 532-3706. 2. All portions of the application herein filed with the Water Court on March 17, 2005 and published in the June, 2005 resume shall remain as originally published, except as specifically described below: 3. Additional Source of Augmentation: Applicant is the owner of an interest in Bacon Reservoir located in the SW1/4 of NW1/4 of Section 13, Township 4 North, Range 69 West of the 6th P.M., Larimer County. Bacon Reservoir was decreed in Case No. 79 CW 345 on June 28, 1982 and awarded an appropriation date of August 1, 1972, for augmentation uses. The source of water is certain flows tributary to the Little Thompson River. Applicant shall use water lawfully stored for augmentation of the Carroll Wells located generally in sections 19 and 30 in Township 4 North, Range 68 West of the 6th P.M. and more particularly described in the original application. 4. Applicant shall consider all previously filed statements of opposition to apply to this Amendment. 5. Land Owners: Bacon Reservoir is owned by Thompson Rivers Storage and Irrigation Company, LLC: MPG Holdings, LLC, 2725 Rocky Mountain Avenue, Suite 200, Loveland, CO 80538, (970) 613-4566; Lawrence Bebo, 735 E. Colorado Highway 56, Berthoud, CO 80513, (970) 532-3706; Daniel G. Stroh, 247 E. Fourth Street, Loveland, CO 80537, (970) 667-2837; Ivar Larson, 925 N. County Line Road Route 1, Berthoud, CO 80513, (970) 532-3351; Dallas Horton, Three T Investments, LLLP, 134 Oak, Eaton, CO 80615, (970) 454-3000. 05CW289, Applicant: The Board of County Commissioners of the County of Larimer, c/o Director, Larimer County Fairgrounds and Events Center, 5280 Arena Circle, Loveland, CO 80538, (970) 619-4010. AMENDMENT TO APPLICATION FOR CHANGE OF WATER RIGHTS, IN LARIMER AND WELD COUNTES. Please send pleadings and correspondence to: William R. Fischer, Esq., Fischer, Brown & Gunn, P.C., 1319 E. Prospect Road, Fort Collins, CO 80525, (970) 407-9000, Fax: (970) 407-1055. 2. In the above captioned case (Case No. 2005CW289), Applicant filed an application with the District Court, Water Division No. 1, State of Colorado, on November 30, 2005 (the “application”). The application was published at pages 23-25 of the November, 2005, resume for Water Division 1. This amendment amends portions of the application. The application shall remain as originally filed and published, except as specifically described in paragraph A., B. and C., below. A. Paragraph 6.a) of the application is hereby amended in its entirety to read as follows: The water diverted under the above-described water rights and represented by 7 shares of Louden Company was historically used (along with other waters) to irrigate approximately 76 acres generally located in the Southeast Quarter and Northeast Quarter of Section 14, Township 6 North, Range 69 West of the 6th P.M., Larimer County, Colorado. B. The headgate of the Louden Ditch is located in Section 12, Township 5 North, Range 70 West of the 6th P.M. The second paragraph contained in paragraph 7. of the application is hereby amended by the addition of the following language at the end of said paragraph: As an alternate and/or additional method of delivery, water will be delivered to the landscaped property by means of diversions through a pipeline from the Louden Ditch. Waters represented by the 7 shares of Louden Ditch Company will be diverted through this pipeline and delivered into an existing pond located on lands owned by Hillside Commercial Group, Inc. and/or Highland Meadows Golf Course LLC, and thence promptly pumped to all or part of the landscaped property. Waters represented by the 3 shares of Louden Extension Company will be diverted through this pipeline and into the existing pond and pumped to the landscaped property, and/or re-stored in the existing pond and later pumped to the landscaped property. The waters will be applied to the landscaped property by sprinkler and drip irrigation systems. C. The last paragraph contained in paragraph 7 of the application is hereby amended in its entirety as follows: Applicant seeks approval of a change in place of use for that portion of the water rights represented by the shares identified above, to allow irrigation of the landscaped property. The

point of diversion and type of use of the water rights will remain unchanged. Approximately 125.6 acres of the historically irrigated acreage shall be appropriately dried-up through the construction and development of subdivisions and residences or pursuant to dry-up covenants. Return flows from the lands historically irrigated accrued to the Cache La Poudre River. Return flows following the change requested herein will continue to accrue to the Cache La Poudre River. 06CW198, CASTLE PINES NORTH METROPOLITAN DISTRICT, 7404 Yorkshire Drive, Castle Rock, Colorado 80108, ph.:303.688.8550; c/o Robert E. Schween, Esq., Austin Hamre, Esq., Duncan, Ostrander & Dingess, P.C., 4600 South Ulster Street, Suite 1111, Denver, Colorado 80237-2875, ph.: 303.779.0200 Correction of resume notice for APPLICATION FOR AMENDMENT OF DECREE FOR DENVER BASIN GROUNDWATER in DOUGLAS COUNTY. The Resume publication of this application appeared in the September, 2006, Water Division 1 Resume of Applications Filed. That resume notice contained a typographical error that was not contained in the application. Paragraph 3C, fifth (5th) sentence, of such resume notice is amended to read as follows: These lands are located in all or portions of the following: Section 33 and the NW 1/4 and the E 1/2 of Section 32, T 6 S, R 67 W; in the SE 1/4 and W 1/2 of Section 3, Section 4, the E 1/2 of Section 6, the NE 1/4 of Section 8 and the N 1/2 of Section 9, T 7 S, R 67 W, all of the 6th P.M. 2. All other provisions of the application remain unchanged. THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of January 2007 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original with triplicate copies and include $70.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.