DIVISION 5 WATER COURT-FEBRUARY 2007 RESUME

1. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2007. 07CW21 (83CW333) GRAND COUNTY 1. Grand County Water & Sanitation District No. 1, c/o Bruce Hutchins, P.O. Box 3077, Winter Park, CO 80482, (970)726-5583. 2. Stanley W. Cazier, Cazier, McGowan & Walker, P.O. Box 500, Granby, CO, 80446, (970)887-3376. 3.Grand County Water and Sanitation District No. 1 Reservoir. 4. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Decreed 5/1/1984, Case No. 83CW333, Appropriation date 12/20/1983. 5. Fraser River. 6. Location: NE1/4SW1/4 of Section 28, T1S, R75W of the 6th P.M. The initial point of survey is located at a point on the North line of said NE1/4SW1/4, 200 feet East of the Northwest corner of said NE1/4SW1/4. 7. Domestic and municipal. 8. Reservoir. 9. 8 acre-feet. 10. The Reservoir is constructed, but the District has not applied the water to beneficial use. Additionally, the Applicant has engaged in those activities described on attached Exhibit A in pursuing putting this water right to beneficial use. 11. The application contains a detailed outline of the work performed during the diligence period. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2007 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 2. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2007. 07CW22 PITKIN COUNTY. Roaring Fork River, tributary of the Colorado River. Woody Creek Pastures, c/o Kevin L. Patrick, Esq., Patrick, Miller & Kropf, P.C., 730 E. Durant, Suite 200, Aspen, CO 81611, (970) 920-1028. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN PART. FIRST CLAIM. Name of structure: Pastures Pipeline. Description of conditional water rights: Date of original Decree: June 27, 1994. Case No. 93CW327. Court: Division 5 Water Court. Legal description: A point on the left bank of the Roaring Fork River whence the SW corner of Section 5, Township 9 South, Range 85 West of the 6th P.M. bears South 25º West 900 Feet (Pitkin County). Source: Roaring Fork River, a tributary of the Colorado River. Appropriation date: June 24, 1993. Amount: 0.55 cfs. Uses: Irrigation, stockwatering, piscatorial, and recreational purposes including the delivery of water into storage in the Pastures Pond. Detailed outline of work performed toward completion of the appropriation and application of water to the conditional uses decreed during the relevant diligence period contained within application. If claim to make absolute water applied to beneficial use: Amount: 0.356 cfs of the originally decreed 0.55 cfs. Remaining 0.194 cfs to remain conditional. Applicant is of owner of land on which structures are located, upon which water is stored, or upon which water is placed to beneficial use. SECOND CLAIM. Name of structure: Pastures Pond. Description of conditional water rights: Date of original Decree: June 27, 1994. Case No. 93CW327. Court: Division 5 Water Court. Legal description: The center line of the dam located in the SW¼ SW¼ of Section 5, Township 9 South, Range 85 West of the 6th P.M. at a point whence the SW corner of said Section 5 bears 3º West, a distance of 1,050 feet. Source: Roaring Fork River, a tributary of the Colorado River. Appropriation date: June 24, 1993. Amount: 15 acre-feet, with the right to fill and refill when water is physically and legally available and in priority. Irrigation, piscatorial, recreation, augmentation and exchange purposes. Detailed outline of work performed toward completion of the appropriation and application of water to the conditional uses decreed during the relevant diligence period, including expenditures contained within application. Claim to make absolute water applied to beneficial use: Amount: 3 acre-feet of the originally decreed 15 acre-feet. Remaining 12 acre-feet to remain conditional. Use: Irrigation. Applicant is owner of land on which structures are located, upon which water is stored, or upon which water is placed to beneficial use. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2007 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 3. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2007. 07CW23 (00CW123 and 92CW345) SUMMIT COUNTY – BLUE RIVER ALLUVIUM. Gingerquill, LLC, c/o Tom Silengo, P.O. Box 5684, Frisco, CO 80443, (970) 668-5820. (Mark D. Detsky, Esq., Jeffrey J. Kahn, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978.) APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 2. Description of Conditional Water Rights: Seldom Acres Well No. 2 and a one-fourth interest in the Seldom Acres Exchange, both decreed in Case No. 92CW345. Pursuant to that certain quit claim deed recorded in the real property records of Summit County at reception number 62770413, Applicant was conveyed the Seldom Acres Well No. 2 and an undivided one-fourth interest in 0.156 acre feet per year of

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the 100 acre feet of augmentation water to be released to the Blue River from Dillon Reservoir pursuant to an agreement between the City and County of Denver and Summit County, dated September 18, 1985, at ¶6(b). a. Conditional Exchange: an undivided one-fourth interest in the Seldom Acres Exchange. i) Description of Exchange: The Seldom Acres Exchange is operated by releasing water from Dillon Reservoir (lower terminus) up the Blue River to Seldom Acres Well No. 2 (upper terminus). Pursuant to agreement, up to 0.156 acre-feet per year is released from Dillon Reservoir to augment out-of-priority depletions resulting from the domestic water use in the Seldom Acres Subdivision. ii) Date of Original Decree, Case Number, Court: The Seldom Acres Exchange was originally decreed on July 19, 1994, Case No. 92CW345, in the District Court for Water Division No. 5. A decree finding of reasonable diligence was entered on April 9, 2001, Case No. 00CW123, in the District Court for Water Division No. 5. iii) Appropriation Date: March 16, 1987. iv) Amount: 1.5 gpm, up to 0.156 acre-feet per year. v) Source: Blue River. vi) Use: Augmentation of out-of-priority depletions resulting from the use of water in the Seldom Acres Subdivision. b. Conditional Underground Water Right: i) Name of Structure: Seldom Acres Well No. 2. ii) Description of Underground Water Right: 1. Date of Original Decree, Case Number, Court: July 19, 1994, in Case No. 92CW345, District Court, Water Division No. 5. A decree finding of reasonable diligence was entered April 9, 2001, Case No. 00CW123, District Court for Water Division No. 5. 2. Decreed Location: The decreed location for the Seldom Acres wells is within the Seldom Acres Subdivision located on part of Section 6, Township 6 South, Range 77 West of the 6th P.M. and part of Section 1, Township 6 South, Range 78 West of the 6th P.M., Summit County, Colorado. A legal description of the land included in the subdivision is attached as EXHIBIT A. Seldom Acres Well No. 2 is located in Lot 2, Seldom Acres, located in the SW ¼ of the NW ¼, Section 6, Township 6 South, Range 77 West of the 6th P.M., Summit County, Colorado, 2000 feet from the north section line and 480 feet from the west section line. 3. Source: Alluvium of the Blue River. 4. Appropriation Date: December 31, 1992. 5. Amount: 15 gpm, up to 0.39 acre foot/year. c. Use: In-house domestic. 3. Claim for Diligence, including Expenditures: During the diligence period, Applicant obtained well permit number 64081-F from the State Engineer on April 6, 2006. The well was drilled and cased on April 21, 2006 and the pump installation and test report was filed with the Office of the State Engineer on April 24, 2006. The relevant well permit documents are attached as EXHIBIT B. The residence on the lot has not yet been constructed. During the diligence period, Applicant incurred drilling expenses totaling approximately $4,298.00 and also incurred legal expenses totaling approximately $2,564.00. Applicant has also incurred expenses regarding the plans for construction of a residence on the subject property totaling approximately $23,460.00. Applicant has expended a total of approximately $30,350.00 in costs toward the well and perfecting the subject water rights. 4. If a Claim to Make Absolute, Date Water Applied to Beneficial Use: N/A. 5. Names and addresses of owners of land on which structures are or will be located: A. Seldom Acres Well No. 2 – Applicant. B. Dillon Reservoir, Denver Water Board, 1600 W. 12th Avenue, Denver, CO 80204. (9 pages.) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2007 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 4. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2007. 07CW24 EAGLE COUNTY. Frost Creek tributary to Brush Creek tributary to Eagle River; Adam’s Rib Recreational Area, P.O. Box 659, Eagle, CO 81631; c/o Arthur B. Ferguson, Jr., Holland & Hart LLP, 600 E. Main Street, Ste 104, Aspen, CO 81611; APPLICATION FOR FINDING OF DILIGENCE: Frost Creek Ditch No. 2; Date of Original Decree: Original Referee Ruling, June 16, 1994 Case No. 89CW305 confirmed by District Court in and for Water Division No. 5, August 8, 1994; the District Court entered a decree finding diligence for the subject water rights on February 8, 2001 in Case No. 00CW148. Legal description: SE1/4NW14 Sec. 35 T5S, R84W, 6th PM 1575 feet from the north section line and 2650 feet from the west section line; Source: Frost Creek, tributary to Brush Creek, tributary to the Eagle River; Appropriation Date: December 14, 1989;Amount: 1.0 cfs conditional; Use: irrigation of 40 acres, domestic, recreation, fire protection, swimming pools and water recreational uses, snowmaking, industrial, livestock watering, commercial, emergency service uses, open space and park uses, street and driveway cleaning, dust suppression, construction, car and other vehicle washing, restaurant, café, and lounge uses, health club, sauna, Jacuzzi, and spa uses, water fountains, school uses, day care uses, restroom uses, and such other beneficial uses that are attendant to the construction, operation, maintenance, replacement, and repair of a four season resort community; a detailed outline of what has been done and expenditures made toward the diversion and application of the water to its beneficial uses as conditionally decreed is set forth in the application. (3 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2007 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5,

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CRCP. (Filing Fee: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 5. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2007. 07CW25 EAGLE COUNTY Frost Creek tributary to Brush Creek tributary to the Eagle River; Adam’s Rib Recreational Area, P.O. Box 659, Eagle, CO 81631; c/o Arthur B. Ferguson, Jr., Holland & Hart LLP, 600 E. Main Street, Suite 104, Aspen, CO 81611; APPLICATION FOR FINDING OF DILIGENCE: Gray Rock Spring No. 1 from a spring; Date of Original Decree: Original Referee Ruling, June 16, 1994 Case No. 89CW306, confirmed by District Court in and for Water Division No. 5, August 8, 1994; the District Court entered a decree finding diligence for the subject water rights on February 8, 2001 in Case No. 00CW149. Legal Description: NE1/4SE1/4 Sec. 26 T5S, R84W, 6th PM 1650 feet from the south section line and 200 feet from the east section line; Source: Frost Creek, tributary to Brush Creek, tributary to the Eagle River; Appropriation Date: December 31, 1940 (domestic uses) Amount: 0.033 cfs , absolute; December 14, 1989 (other uses) 0.067 cfs, conditional; Use: irrigation of 40 acres, domestic, recreation, livestock, fire protection, swimming pools and water recreational uses, snowmaking, industrial, livestock watering, commercial, emergency service uses, open space and park uses, street and driveway cleaning, dust suppression, construction, car and other vehicle washing, restaurant, café, and lounge uses, health club, sauna, Jacuzzi, and spa uses, water fountains, school uses, day care uses, restroom uses, and such other beneficial uses that are attendant to the construction, operation, maintenance, replacement, and repair of a four season resort community; a detailed outline of what has been done and expenditures made toward the diversion and application of the water to its beneficial uses as conditionally decreed is set forth in the Application. (3 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2007 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 6. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2007. 07CW26 (98CW271) EAGLE COUNTY-WEST CREEK, TRIBUTARY TO GYPSUM CREEK, TRIBUTARY TO THE EAGLE RIVER. Trotter Family, LLP c/o Rob Trotter; 11157 Gypsum Creek Rd.; Gypsum, CO 81637 (970)524-8323. Trotter Well & Trotter Diversion-Application to Make Absolute. Locations: Trotter Well-Sec. 25, T. 6S, R.85W. of the 6th P.M. 2,605 ft. from the north sec. line and 135 ft. from the west sec. line. Appropriation: Jun. 17, 1998. Amount: 15 gpm (0.033 cfs) absolute. Use: irrigation of one acre of lawn & garden, domestic in-house use in 3 dwellings, livestock watering and fire protection. Trotter Diversion- NW¼NW¼ of Sec. 25, T.6S, R.85W. of the 6th P.M. 2,605 ft. from the north sec. line and 133 ft. from the west sec. line. Appropriation: Jun. 17, 1998. Amount: 0.50 cfs, absolute. Use: irrigation of 9.8 acres. An outline of work complete during the diligence period is included in the application. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2007 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 7. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2007. 07CW27 EAGLE COUNTY. CONCERNING THE APPLICATION FOR WATER RIGHTS OF CAROL COLLINS, IN EAGLE COUNTY, COLORADO. DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 8th Street, Suite 104, Glenwood Springs, CO 81601. 1. Introduction: The subject water rights were originally adjudicated in Case No. 98CW152. An application for reasonable diligence was mailed on December 30, 2005, but not received by the Water Clerk until January 3, 2006. The Court entered an order of abandonment on January 6, 2006. Accordingly, Applicant is refiling for the subject water rights. 2. Name and address of Applicant: Carol Collins, Drawer 2820, Beaver Creek, CO 81620. Direct all pleadings to: Glenn E. Porzak, Lawrence J. MacDonnell, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302, (303) 443-6800. 3. Name of Structures: Red Creek Ditch No. 2. 4. Legal description of point of diversion: Red Creek Ditch No. 2 is located in Section 32, Township 6 South, Range 84 West of the 6th P.M., at a point 950 feet from the south section line and 1300 feet from the east

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section line of said Section 32. 5. Source: Red Creek, tributary of Gypsum Creek, tributary of Eagle River. 6. Appropriation: Date: July 2, 1998. How initiated: Formation of intent to appropriate, together with field investigation with professional engineer. 7. Amount claimed: 2.0 cubic feet per second conditional. 8. Uses: irrigation of 20 acres in the NW1/4 NE1/4 SE1/4 of said Section 32, livestock and wildlife watering, and fire protection. 9. Names and addresses of owners of land on which structures or use is located: The headgate and ditch are located on Applicant’s property, Red Creek Ranch. WHEREFORE, Applicant respectfully requests that a decree be entered for the subject water right listed in Paragraph 4 above, and grant such other relief as the Court deems appropriate and necessary. (3 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2007 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 8. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2007. 07CW28 (93CW306) GARFIELD COUNTY-DRY HOLLOW CREEK, TRIBUTARY TO THE COLORADO RIVER. Thomas S. Platzer; 3694 C.R. 331; Silt, CO 81652 (970)876-2174 and Steven R. Schubert; 3692 C.R. 331; Silt, CO 81652 (970)876-5436. L & T Pump Station-Application for Finding of Diligence. Location: NE¼SW¼ of Sec. 27, T.6S, R.92W. of the 6th P.M. 1,875 ft. of the south sec. line and 2,120 ft. from the west sec. line. Appropriation: July 14, 1992. Amount: 2.1 cfs, conditional. Use: 2.0 cfs for irrigation and 0.1 cfs for domestic and livestock water. An outline of work completed during the diligence period is included in the application. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2007 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 9. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2007. 07CW29 Water Division 5, 1. Concerning the Application for a Finding of Reasonable Diligence of the City and County of Denver, acting by and through its Board of Water Commissioners in Grand County (“the Board”). This application is filed pursuant to C.R.S. § 37-92-301(4) and the Court’s Order dated February 2, 2001. Patricia L. Wells, General Counsel; Michael L. Walker, No. 2828; Casey S. Funk, No. 11638, Attorneys for Applicant, the City and County of Denver, acting by and through its Board of Water Commissioners, Address: 1600 West 12th Avenue; Denver, Colorado 80204-3412; Phone Number: 303-628-6460; Fax Number: 303-628-6478. 2. Name of Structures: Darling Creek Enlargement and Extension of the Williams Fork Diversion Project; Williams Fork Power Conduit; Moffat Tunnel Collection System. 3. Describe the conditional water right, giving the following from the Referee’s Ruling and Judgment and Decree. A. Date of original decree: November 7, 1974, nunc pro tunc as of May 30, 1972, Civil Action No. 1430 Court: Water Court, Water Division No. 5. B. Location: Darling Creek Enlargement and Extension of the Williams Fork Diversion Project: Points of Diversion: 1. West Branch of Darling Creek – a point on the South bank of the West branch of Darling Creek whence the southeast corner of Section 8, Township 3 South, Range 77 West, of the 6th P.M. bears South 39º27’ West a distance of 11,939 feet. 2. The North Fork of Darling Creek – a point on the North bank of the North Fork of Darling Creek whence the southeast corner of Section 8, Township 3 South, Range 77 West of the 6th P.M. bears South 49º53’ West a distance of 16,640 feet. 3. The South Fork of Darling Creek – a point on the South bank of the South Fork of Darling Creek whence the southeast corner of Section 8, Township 3 South, Range 77 West of the 6th P.M. bears South 59º39’ West a distance of 15,368 feet. 4. Eleventh Creek – a point on the South bank of Eleventh Creek, whence the southeast corner of Section 8, Township 3 South, Range 77 West of the 6th P.M. bears South 67º16’ West a distance of 12,705 feet. 1. 5. Those points along the unnamed streams described under sources where the project facilities intersect said streams. Places of storage in Water Division No. 1: 1. Gross Reservoir – a dam constructed across the bed of South Boulder Creek in Boulder County, Colorado located in Tracts 48 and 49, Township 1 South, Range 71 West, 6th P.M. (where the North one-half (N1/2) of the southeast quarter of Section 20, Township 1 South, Range 71 West, the 6th P.M. would be located by ordinary survey practices), and will create a reservoir covering parts of Tracts 47, 48, 49, 44, 45, 63, 107, 108, 109, 110, the south half (S1/2) of the south half of Section 18, Section 19, Section 30, the south half (S1/2) of the northeast quarter (NE1/4) of Section 25, and the East half (E1/2) of the southeast quarter (SE1/4) of Section 24, all in Township 1 South, Range 71 West, of the 6th P.M. in Boulder County, Colorado. 2. Ralston Reservoir – the dam for which is located on or near the East side of the Northeast

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quarter (NE1/4) of the Southeast quarter (SE1/4) of Section 32, Township 2 South, Range 70 West, of the 6th P.M. and creates a reservoir which covers parts of Section 32, Township 2 South, Range 70 West of the 6th P.M., and Sections 5 and 6, Township 3 South, Range 70 West of the 6th P.M., in Jefferson County, Colorado. 3. Marston Reservoir – a dam for which is located in Jefferson County, Colorado in Township 5 South, Range 69 West of the 6th P.M. 4. Two Forks Reservoir – a dam to be constructed across the South Platte River at one of the following places: a. A dam located in Section 30, Township 7 South, Range 69 West, 6th P.M. in the bed of the South Platte River; or b. A dam to be located in Section 1, Township 8 South, Range 70 West, 6th P.M. across the bed of the South Fork of the South Platte River. 5. Cheesman Reservoir – is formed by a dam across the South Fork of the South Platte River located in the southwest quarter (SW1/4) of Section 6, Township 10 South, Range 70 West of the 6th P.M., in Douglas and Jefferson Counties. 6. Eleven Mile Canon Reservoir – located in the stream above an arch-type dam across the bed of the South Fork of the South Platte River located near the center of the Southwest quarter (SW1/4) of Section 20, Township 13 South, Range 72 West, 6th P.M., in Park County, Colorado. 7. Antero Reservoir – located in the stream above a dam across the bed of the South Fork of the South Platte River in Sections 21 and 28, Township 12 South, Range 76 West, 6th P.M. in Park County, Colorado. Williams Fork Reservoir Power Conduit: Point of Diversion: In the Williams Fork Reservoir Dam, the southeast end of the dam which is at a point whence Southeast corner of Section 23, Township 1 North, Range 79 West, 6th P.M., bears South 24º53’ East a distance of 2,175 feet. Moffat Tunnel Collection System: Points of Diversion: 1. Meadow Creek – a point on the South bank of said creek from which point the Northwest corner of Section 15, Township 1 North, Range 75 West, 6th P.M., bears North 44º14.2’ West 2,689.6 feet. 2. Trail Creek – a point on the South bank of said creek from which point the Southeast corner of Section 15, Township 1 North, Range 75 West, 6th P.M., bears South 60º26.5’ East 1,149.3 feet. 3. Hurd Creek – a point on the South bank of said creek from which point the Southwest corner of Section 26, Township 1 North, Range 75 West, 6th P.M., bears South 83º8.4’ West 2,105.5 feet. 4. Hamilton Creek – a point on the South bank of said creek from which point the Northeast corner of Section 2, Township 1 South, Range 75 West, 6th P.M., bears North 76º52.1’ East 2,642.8 feet, 5. Cabin Creek – a point on the North bank of said creek from which point the Northeast corner of Section 2, Township 1 South, Range 75 West, 6th P.M., bears North 21º29.2’East 4,930.4 feet. 6. Little Cabin Creek – a point on the South bank of said creek from which point the Northeast corner of Section 11, Township 1 South, Range 75 West 6th P.M., bears North 20º27.5’East 2,580.4 feet. 7. Beaver Creek – a point on the North bank of said creek from which point the Southeast corner of Section 14, Township 1 South, Range 75 West, 6th P.M., bears South 7º38.3’ East 2,633.4 feet. Places of storage in Water Division No. 5: 1. Meadow Creek Reservoir – a dam to be constructed across Meadow Creek, the right abutment of which is at a point from which the Northwest corner of Section 14, Township 1 North, Range 75 West, 6th P.M., bears North 84º09.1’ West 4,226.1 feet. 2. Cabin Creek Reservoir – a dam to be constructed across Cabin Creek, the right abutment of which is at point from which the Northeast corner of Section 2, Township 1 South, Range 75 West, 6th P.M., bears North 17º21’ East a distance of 4,517.8 feet. Places of storage in Water Division No. 1: 1. Gross Reservoir – a dam constructed across the bed of South Boulder Creek in Boulder County, Colorado located in Tracts 48 and 49, Township 1 South, Range 71 West, 6th P.M. (where the North one-half (N1/2) of the southeast quarter of Section 20, Township 1 South, Range 71 West, the 6th P.M. would be located by ordinary survey practices), and will create a reservoir covering parts of Tracts 47,48, 49, 44, 45, 63, 107, 108, 109, 110, the south half (S1/2) of the south half of Section 18, Section 19, Section 30, the south half (S1/2) of the northeast quarter (NE1/4) of Section 25, and the East half (E1/2) of the southeast quarter (SE1/4) of Section 24, all in Township 1 South, Range 71 West, of the 6th P.M. in Boulder County, Colorado. 2. Ralston Reservoir – the dam for which is located on or near the East side of the Northeast quarter (NE1/4) of the Southeast quarter (SE1/4) of Section 32, Township 2 South, Range 70 West, of the 6th P.M. and creates a reservoir which covers parts of Section 32, Township 2 South, Range 70 West of the 6th P.M., and Sections 5 and 6, Township 3 South, Range 70 West of the 6th P.M., in Jefferson County, Colorado. 3. Marston Reservoir – a dam for which is located in Jefferson County, Colorado in Township 5 South, Range 69 West of the 6th P.M. 4. Two Forks Reservoir – a dam to be constructed across the South Platte River at one of the following places: a. A dam located in Section 30, Township 7 South, Range 69 West, 6th P.M. in the bed of the South Platte River; or b. A dam to be located in Section 1, Township 8 South, Range 70 West of the 6th P.M. across the bed of the South Fork of the South Platte River. 5. Cheesman Reservoir – is formed by a dam across the South Fork of the South Platte River located in the Southwest quarter (SW1/4) of Section 6, Township 10 South, Range 70 West of the 6th P.M., in Douglas and Jefferson Counties. 6. Eleven Mile Canon Reservoir – located in the stream above an arch-type dam across the bed of the South Fork of the South Platte River located near the center of the Southwest quarter (S1/4) of Section 20, Township 13 South, Range 72 West, 6th P.M., in Park County, Colorado. 7. Antero Reservoir – located in the stream above a dam across the bed of the South Fork of the South Platte River in Sections 21 and 28, Township 12 South, Range 76 West, 6th P.M. in Park County Colorado. C. Source: 1. Darling Creek Enlargement and Extension of the Williams Fork Diversion Project: West Branch of Darling Creek, North Fork of Darling Creek, South Fork of Darling Creek, Eleventh Creek and tributary and intervening tributary drainage thereto and unnamed streams between those streams which are named and the point of connection of the system with Claimant’s present facilities at McQueary Creek. 2.Williams Fork Power Conduit: Williams Fork River. 3. Moffat Tunnel Collection System: Tributaries of the Fraser River and intervening drainage thereto. D. Appropriation Date: 1. Darling Creek Enlargement and Extension and Extension of the Williams Fork Diversion Project: August 26, 1953; Williams Fork Reservoir Power Conduit: October 9, 1956; Moffat Tunnel Collection System: August 30, 1963. E. Amount: 1. Darling Creek Enlargement and Extension of the Williams Fork Diversion Project. For direct and immediate use from: a. West Branch Darling Creek 5 cfs, b. North Fork of Darling Creek 25 cfs, c. South Fork of Darling Creek 25 cfs, d. Eleventh Creek and tributary drainage 35 cfs, 90 cfs total conditional. For storage for later use in the following amounts to be stored in: a. Gross Reservoir 113,078 acre feet, b.

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Ralston Reservoir 12,758 acre feet, c. Marston Reservoir 19,800 acre feet, d. Two Forks Reservoir 600,000 acre feet, e. Cheesman Reservoir 79,000 acre feet, f. Eleven Mile Canon Reservoir 97,779 acre feet, g. Antero Reservoir 85,564 acre feet. 2. Williams Fork Reservoir Power Conduit 105 cfs conditional, 295 cfs absolute, 400 cfs total. 3. Moffat Tunnel Collection System. For direct and immediate use 100 cfs conditional, 0 cfs absolute, 100 cfs total. For storage for later use, the following amounts: a. Meadow Creek Reservoir 5,100 acre feet, b. Cabin Creek Reservoir 4,250 acre feet, c. Gross Reservoir 113,078 acre feet, d. Ralston Reservoir 12,758 acre feet, e. Marston Reservoir 19,800 acre feet, f. Two Forks Reservoir 600,000 acre feet, g. Cheesman Reservoir 79,000 acre feet, h. Eleven Mile Canon Reservoir 81,917 acre feet, i. Antero Reservoir 85,564 acre feet. F. Use: 1. Darling Creek Enlargement and Extension of the Williams Fork Diversion Project: All municipal uses, including domestic use, mechanical use, manufacturing use, generation of electric power, power generally, fire protection, use for sewage treatment, street sprinkling, watering of parks, lawns and grounds, maintaining of adequate storage reserves, irrigation, exchange, replacement and the adjustment and regulation of the units of the Denver Municipal Water System within themselves and with other water users. 2. Williams Fork Reservoir Power Conduit: The mechanical purpose of generating electric energy, and in part as an adjunct to additional uses, through exchange for the following purposes: All municipal uses, including domestic use, mechanical use, manufacturing use, generation of electric power, power generally, fire protection, sewage treatment, street sprinkling, watering of parks, lawns and grounds, maintaining of adequate storage reserves, irrigation, exchange, replacement and the adjustment and regulation of the units of the Denver Municipal Water System within themselves and with other water users. 3. Moffat Tunnel Collection System: All municipal uses, including domestic use, mechanical use, manufacturing use, generation of electric power, power generally, fire protection, sewage treatment, street sprinkling, watering of parks, lawns and grounds, maintaining of adequate storage reserves, irrigation, exchange, replacement and the adjustment and regulation of the units of the Denver Municipal Water System within themselves and with other water users. 4. The Darling Creek Enlargement and Extension of the Williams Fork Diversion Project, the Williams Fork Power Conduit and the Moffat Tunnel Collection System are an integral part of the Denver Municipal Water Works System. The following is a list of activities and work that have been completed or are in the process of being completed since February of 2001, pertaining to the collection, development, storage, and beneficial use, including treatment and distribution of water which is the subject of this application. The list is not meant to be all inclusive. 1. Annual Reports of Beneficial Use have been filed with the Department of Agriculture, U. S. Forest Service. These reports show the Board’s diligence in regards to the Right-of-Way No. D-027915, Williams Fork Diversion Project and Right-of-Way No. D-032121, Two Forks Reservoir Project. 2. Completed annual safety inspections and prepared reports for Williams Fork Dam, Gross Dam, Ralston Dam, Cheesman Dam, Eleven Mile Dam and Antero Dam. Completed two independent consultant inspections on Williams Fork Dam and Gross Dam for Federal Energy Regulatory Commission (FERC). 3. Completed inventory of the Moffat Collection System. Inventory included comprehensive inspection of all structures and canals, documentation of current system conditions and recommendations for repairs where necessary. 4. The Board’s staff designed, prepared specifications and inspected the installation of 102-inch steel casing and 84-inch steel pipe under State Highway No. 40. This project was completed in 2003 in cooperation with the Department of Transportation’s road widening project. The Board accepted possession of the new installation in 2004. 5. Completed the installation of a new blow-off valve and shed on the Vasquez-St. Louis Diversion Siphon 1-A. 6. Completed a preliminary study evaluating the affects of dewatering the existing facilities on the St. Louis-Vasquez Collection System. 7. The Board began investigating solutions to stabilize Siphon 1, which has been moving downhill. 8. Obtained accurate and up-to-date acreages on the real estate that was sold, traded, or retained in the Moffat Collection System area. 9. Prepared and finalized parcel maps for the transfer of real estate and licenses in the Winter Park area. 10. In 2002, the Board awarded a contract to Denny Construction, Inc. to construct the Moffat Collection System Headquarters, which included a 6,892 square foot administrative building and shops. Construction was completed in 2003. 11. Identified historic right-of-way agreement for access to the Moffat Collection System from the new headquarters facility through United States Forest Service property. 12. Awarded contract to Concrete Express, Inc. in the amount of $582,200 for spillway repairs at Ralston Dam and Reservoir. 13. Surveyed and mapped the diversion of the South Fork of Ranch Creek to delineate an existing wetlands area and the centerline alignment of the diversion piping. 14. Repaired the vent pipe on the inlet to the outlet works on Meadow Creek Dam. 15. Upgraded the cooling system for both the building and hydro turbine engine at Williams Fork Hydroelectric Power Plant. 16. Replaced the turbine runner, wicket gates and associated components on the Williams Fork Hydroelectric Power Plant. 17. Reviewed water seepage data collected from the monitoring device at the west portal of the Moffat Tunnel. 18. Continued to map the diversion of the South Fork of Ranch Creek to delineate an existing wetlands area and the centerline alignment of the diversion piping. 19. Replaced 612-feet of open Fraser Canal with a 102-inch diameter concrete pipe. 20. Completed preliminary drawings for the purchase and installation of a new upstream slide gate on the existing outlet works facility at Williams Fork Reservoir. 21. Adjusted the radial spillway gates and repaired generator on top Williams Fork Reservoir. 22. Monitored Williams Fork Dam and Reservoir for horizontal and vertical movement. 23. Completed construction of a maintenance garage on the west side of Jones Pass. 24. Surveyed the boundary of the U.S. Forest Service property at its juncture with the Board’s properties at both portals of the Gumlick Tunnel. 25. Performed annual drill of the Emergency Preparedness Plan for the Williams Fork Reservoir.26. In 2005, the Board replaced two culverts on the Jones Pass Road. 27. Surveyed the Bobtail Mining Claim near the Board’s Jones Pass facility and set property corners. 28. Continued work toward completing negotiations with the Bureau of Land Management for a land exchange at Gross Reservoir. Water diverted under the subject rights will be stored and regulated at Gross Reservoir. 29. Packed and tightened the joints on the Vasquez-St. Louis Diversion Siphons 1 and 1A. 30. In 2003, the Board completed the installation of new electronic controls for the Williams Fork Hydroelectric Power Plant. Testing and calibration

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continued through 2004.31. The Board’s representatives continue to work with representatives from the Northwest Regional Council of Governments, Grand County Water and Sanitation District, and other local citizens to design modifications of the Fraser River Non-point Source Project. The project has been operational for over five years and modifications to the original design are necessary to increase the efficiency of the project to remove anthropogenic sediments from the Fraser River. The Board’s representatives worked with project participants to develop and design modifications to the project in order to increase the sediment removal efficiency. 32. In 2003, the Board’s representatives participated in a joint study process with the Water Quality/Quantity Committee (QQ Committee) of the Northwest Colorado Council of Governments. The QQ Committee has assembled appropriate stakeholders – the Colorado River Water Conservation District, Summit County, Grand County, Northern Colorado Water Conservancy District, Denver, Aurora, Colorado Springs, Douglas County, Breckenridge, Frisco, Silverthorne, Winter Park, Fraser and others, to look at the present and future uses of the Blue River and Fraser River including in-stream needs. 33. Completed design of penstock emergency closure valve facility and obtained approval for the project from both the FERC and the State Engineer’s Office at Williams Fork Dam and Reservoir. 34. Continued the renovation and construction of Gross Dam auxiliary outlet works. 35. Continued construction of a new 7.6-megawatt hydroelectric facility at Gross Dam and Reservoir consisting of powerhouse and penstock by Western Summit Constructors. Obtained new horizontal and vertical control for construction. Completed slope stabilization above the powerhouse location and installed a rock fall fence. Construction was begun in 2005. 36. The Board replaced the bridge decking at Steelman Diversion Dam. 37. Surveyed the Arrow Tunnel to its outfall and in the vicinity of the outfall area using the Global Positioning System. 38. Amended agreement with Kumar & Associates, Inc. for a new amount total of $40,345 for geotechnical engineering consultation during the construction of Gross Hydroelectric Powerhouse and Penstock at Gross Reservoir. 39. Continued negotiations with the Bureau of Land Management for land exchange at Gross Reservoir. 40. Began sediment removal from South Boulder Creek in the Pinecliff area. 41. Replaced the Venturi meter at Ralston Dam and Reservoir. 42. Continued development of Memorandum of Understanding with Union Pacific Railroad on the potential relocation of the railroad if Leyden Reservoir is expanded. 43. The Board renovated its Moffat Treatment Plant and Moffat Filter Plant. 44. On July 28, 2005 the Board acquired approximately 10-acres of property from the Youth Men’s Christian Association (YMCA) at a cost of $2.8 million. This property is located adjacent to the Moffat Water Treatment Plant and will enable the Board to enhance its treatment and distribution of water imported to the South Platte River Basin under the water rights that are the subject of this application. 45. The Board is in the process of installing a small 500 kW hydroelectric unit that would increase generation capacity as part of the Williams Fork Power Conduit. The smaller unit will be designed to capture lower flows (under 70 cfs) and excess higher flows (greater than 220 cfs at rated head of 192 feet and greater than 260 cfs at 160 feet of head) released from the dam that are currently not captured by the existing 3.15MW unit. 46. Rebuilt the operator on a 36-inch hollow jet valve in the outlet works at Williams Fork Dam and Reservoir. 47. In 2003, the Board acquired property near Williams Fork Reservoir from the Docheff family. Aerial photogrametry points and panels were set in the field, along with level bench marks to control same to map the eroding embankment in the area. Board crews began repair of the erosion on the east shoreline by laying back the slope and placing rip-rap along the shoreline. In 2004, the Board continued to digitally map and upgrade an AutoCAD drawing of the land. In 2005, erosion control work was delayed due to cultural material being discovered in the area. As a result, the State Historical Society preservation officer was consulted with and cultural resources data recovery at the National Register of Historical Places site 5GA3222 was completed in 2005. 48. In 2006, the Board began working with the Town of Winter Park regarding the impact of development on Denver Water property. 49. During 2002, and in conjunction with agreements previously entered into with the State Satellite Monitoring System, the State provided the Board with information from stream gages monitored by satellite. The Board and United States Geological Survey (USGS) continue to cooperate on stream flow measurements pursuant to cooperative agreements. 50. In 2001, the Board filed a notice of intent to seek a new license for its Williams Fork Hydroelectric Project No. 2204 and requested permission to utilize the Federal Energy Regulatory Commission’s (FERC)’s Alternative Licensing Process to prepare its application, which the FERC granted. In December 2004, the Board filed its application for a new license asking that it first be considered as an exemption application. 51. In 2005, the FERC accepted the Board’s application for filing and stated that it would be processed as an exemption application. In April of 2006, the FERC issued its Environmental Assessment and later that September the Board was granted its exemption from the licensing requirements of Part I of the Federal Power Act. 52. The Board adopted a resolution of intent to appropriate water and filed a joint water right application for storage rights from the Colorado River in Mesa County, Colorado. The proposed Sulfur Gulch Reservoir project is to be a joint effort with the Northern Colorado Conservancy District and its Municipal Subdistrict. The project includes a reservoir on Sulphur Gulch, a tributary of the Colorado River in Mesa County and a pumping plant for delivering water from the Colorado River. Water stored in the reservoir will help fulfill obligations under the Colorado River Recovery Program for threatened and endangered fish species, thereby facilitating the diversion of water to be used under the water rights that are the subject of this application. In 2001, a physical availability study, a report on environmental resource and permitting issues, and a proposed decree were prepared in support of water rights applied for in Case No. 99CW279. In 2004, the USGS finished and published a report prepared in cooperation with the Board and the Northern Colorado Water Conservancy District. The report summarizes the results of a study of the probable effects of the proposed Sulphur Gulch Reservoir on the water quality and quantity in the Colorado River near Grand Junction, Colorado. In 2005, interested parties began discussions to resolve issues related to the project. Other east slope municipalities and water users, agreed to enter into a MOU to support and assist in the completion of Sulphur Gulch. Reservoir or another project. 52. In January of 1999, the United States Fish and Wildlife Service (FWS) issued the Programmatic Biological Opinion (PBO) for the 15-mile reach of the

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Colorado River. The PBO streamlines Endangered Species Act (ESA) consultation for the Board and other water users by providing compliance for all current depletions (averaging about one million acre-feet per year) in the Colorado River above the confluence of the Colorado and Gunnison Rivers near Grand Junction, Colorado. It also provides ESA compliance for up to 12,000 acre-feet per year of new depletions. The continued and successful implementation of the PBO facilitates diversion of water diverted under the subject water rights for importation into the South Platte River Basin. It further addresses fish recovery actions that affect the Colorado River, including the 15-mile reach from Palisade, Colorado, to the confluence with the Gunnison River. The Board worked as part of a group comprised of other water users, the FWS, the U.S. Bureau of Reclamation, environmental groups and the State of Colorado to develop mechanisms for improving habitat in the Colorado River. The mechanisms are included in the PBO and are as follows: ●Water users made a commitment to provide a permanent supply of up to10,825 acre-feet of water to the Recovery Program. In this regard, the Board has expended significant effort to develop the Sulphur Gulch Project as described below. In the interim, the Board entered into a memorandum of agreement in April of 2000 with the Colorado Water Conservation Board (CWCB) and FWS to provide on a temporary basis up to 5,412.5 acre-feet per year of deliveries from West slope reservoirs to enhance 15-Mile Reach flows in late summer and fall low flow periods. The Board has released water as directed by the FWS to enhance flows for endangered fish. Between 2001 and 2006, the Board released a total of approximately 25,000 acre feet of water from its west slope storage facilities for these flow enhancement purposes. ● Coordinated Facilities Operations Study. The state has sponsored a study to evaluate options to obtain an additional 20,000 acre-feet for peak flow enhancement. The study will evaluate many alternatives, including re-operation of existing facilities and use of conditional water rights to obtain an additional 20,000 acre-feet of water for peak flow deliveries in average water years. ●Non-flow related participation includes support of long term funding legislation. Long term funding legislation was signed into law on October 30, 2000. However, substantial efforts have been required in the last several legislative budget cycles to assure funding for the Colorado River Program. In 2005, the Board sent multiple letters to legislators and congressmen in Washington D.C. supporting efforts to continue funding for the Colorado River Program. Water users also support successful completion and implementation of non-flow related habitat improvements such as acquisition of flooded bottomlands, non-native species control, and construction of fish ladders. 53. In 1996, the Board filed a notice of intent to file an application with the Federal Energy Regulatory Commission (FERC) to re-license its proposed Gross Reservoir Hydroelectric facility. Gross Reservoir impounds water conveyed under the Continental Divide via the Moffat Water Tunnel, including waters that are made available under the water rights associated with both the Darling Creek Enlargement and Extension of the Williams Fork Diversion Project and the Moffat Tunnel Collection System. The reservoir stores and regulates water for use within the Denver Municipal Water System. The original license was granted in 1950 and expired May 1, 2000. During 1996, the Board initiated the Applicant Prepared Environmental Assessment (APEA) in order to “front-load” the National Environmental Policy Act review and other licensing requirements. Several joint meetings were held in 1996 on an Initial Consultation Package and the scoping process to identify issues, concerns and opportunities associated with the proposed re-licensing of Gross Reservoir. The application to re-license Gross Reservoir was submitted to the FERC in May of 1998. The FERC issued notice of acceptance of the APEA and Final Application in June of 1998. The Board received a License for Gross Reservoir on March 16, 2001 and began development of numerous resource plans required by the license articles. In April of 2001, the Board contracted for consultant services to complete plans for the recreational requirements as stated as Articles in the FERC License. Plans include recreation management, safety and enforcement, erosion control, restoration, protection of rare and sensitive species, the development of a visual resource plan and other plans related to the facilities and recreational management of Gross Reservoir. As part of the FERC process, the Board committed in its Final Environmental Assessment submitted to the FERC that it would provide up to $250,000, over a 15-year period, for stream improvements on South Boulder Creek between Moffat Tunnel and Gross Reservoir. In 2001, the Colorado Division of Wildlife and the Board entered into an intergovernmental agreement to perform these specific stream improvements. The Board has continued to develop plans in the FERC License Articles. Since 2005 the Board spent approximately $144,000 on the improvements necessary for the FERC re-licensing of Gross Reservoir. 54. In the fall of 1992, the Board’s staff initiated development of a long-range planning process using Integrated Resource Planning (IRP) techniques. IRP is a comprehensive form of utility resource planning which considers a wide range of potential supply-side and demand management resource options, features extensive public involvement, deals explicitly with future uncertainties, and lists tradeoffs among carefully-defined policy objectives. The product of IRP is a small number of well-documented resource strategies that have been evaluated against measurable evaluation criteria, which are tied to policy objectives agreed upon by stakeholders.Since the inception of the IRP effort, multiple configurations and options have been evaluated to supply build-out demand of Denver’s contract service area, including reuse, demand management and supply projects which involve both system refinements and cooperative projects with other water supply entities. The efforts culminated in the issuance of the October 15, 1996, Board Resource Statement, which addressed issues concerning current supply and delivery obligations, future strategies for water supply for the near-term and long-term, and involvement with other metropolitan water supply purveyors. The initial IRP effort also resulted in the issuance of a report in 1997. The updated and re-issuance of the 1997 report was completed in February of 2002, reflecting changes resulting from numerous initiatives set out in the initial 1997 report. The Board’s staff has begun updating the IRP for publication in 2007. The implementation of the IRP is an on-going effort and the Board continues instituting recommendations resulting from the 2002 IRP report. In December 2006, the Board adopted the 2006 Supplement to the Board Resource Statement dated October 15, 1996. The Supplement augments and elaborates on the 1996 Statement, and describes some of the issues that will influence the Board’s direction in coming years. These resource strategies will help the Board pursue its effort toward the continued

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development of water available from the structures under this application. Since 2001, the Board has expended approximately $298,000 on the IRP update efforts, which costs exclude any design and construction costs of projects identified by the IRP. 55. The Board has undertaken the Lawn Irrigation Return Flow Project (LIRF). Portions of water delivered to the Board’s customers for lawn irrigation reaches the South Platte River as return flow. LIRFs include both surface water and groundwater returns. Under Colorado water law, the Board is entitled to take credit for that portion of return flow attributable to its fully reusable and consumable water supplies, including water diverted under both the Darling Creek Enlargement of the Williams Fork Diversion Project and the Moffat Tunnel Collection System. The Board’s LIRF project is designed to quantify reusable return flows with sufficient detail and accuracy to obtain Water Court approval. In 1999, the Board completed the Phase I scoping study of the effort needed to quantify LIRFs. In 2000, the Board approved a $2 million Phase II analysis. This analysis has now been completed and the project has progressed into Phase III. In 2004, an application was filed with the Water Court seeking approval of the analysis and a proposed decree allowing the use of LIRFs in the Board’s system. A final report is expected in 2007. 56. The Board, in cooperation with the South Adams County Water and Sanitation District (South Adams), is developing storage on the South Platte River downstream of Denver to enhance the yield of its municipal water system. This storage will recapture and regulate the Board’s reusable return flow presently unusable due to the lack of timely upstream exchange potential or demand, including return flows resulting from the use of water that is diverted under both the Darling Creek Enlargement of the Williams Fork Diversion Project and the Moffat Tunnel Collection System. The returns will be released to the river when upstream exchange potential exists. Additionally, downstream storage will be used to augment the delivery of water to the Recycling Plant when there is legally insufficient reusable return flow available to the plant. Prior to 2006, the projected capacity of these downstream storage sites, which are principally gravel pits already mined or in the process of being mined, was approximately 20,000 acre-feet. These reclaimed gravel pits are clustered in two complexes; the North Complex, to be supplied water through an enlarged Fulton Ditch, and the South Complex, to be supplied water through the Burlington Ditch. The Board subsequently determined that a total of 30,000 acre feet of downstream reservoir storage is required to optimize the Board’s reusable return flows for replacement purposes. In order to optimize the use of these reusable return flows for replacement purposes, the Board acquired the $27 million Lupton Lakes site in 2006, which is situated on the east side of the South Platte River approximately 25 miles downstream from Denver. The 353 acre property is currently being mined for its sand and gravel deposits. Mining is anticipated to be complete by 2020, and upon reclamation and conversion to a water storage facility, will have a predicted capacity of 11,400 acre feet. In consideration for the Board’s agreement to use its facilities to regulate and deliver to South Adams the Board’s existing obligation to provide 5,000 acre feet supply of its reusable supplies (5K Water), South Adams and the Farmers Reservoir and Irrigation Company paid approximately $14 million of the $27 million acquisition costs, with the balance paid by the Board. As part of the arrangement, South Adams also agreed to convey to the Board all of its interests in the North and South Complexes, bringing the total amount of anticipated downstream storage ultimately owned and controlled by the Board to over 30,000 acre feet. 57. The Board commissioned the design of its non-potable water recycling plant and associated distribution facilities in 1997. The system captures effluent water from the Metro Wastewater Plant before it is discharged to the South Platte River for subsequent reuse. The water delivered to the Recycling Project includes water diverted under the water rights that are the subject of this application and imported to the South Platte River Basin. The recycled water will be used by outdoor irrigation and industrial customers located primarily in the north and central sections of Denver. Construction of the project’s first phase of a 30 million gallon per day treatment plant including distribution lines, storage reservoirs, and pumping plants was started in 2001 and was completed in February 2004 at a cost of $110.9 million. Service of recycled water to customers began in the spring of 2004. In 2005, the Board began designing several key additions to expand its distribution system for delivery of the recycled water. When complete, these additions will include a new 6 million gallon basin at Capitol Hill in central Denver and a new pump station at 11th & Quebec in east Denver. The basin and pump station will feed new conduits serving the redeveloped areas around the former Stapleton Airport and Lowry Air Force Base. Construction of these additions began in 2006 with a completion target of 2007 at an estimated direct cost $14.6 million. 58.In 2002, the Board initiated a U.S. Army Corps of Engineer’s (Corps) permitting process for the Moffat Collection System Project to address water reliability and system vulnerability problems, and to provide the next increment of firm yield. In 2003, the Board selected Montgomery Watson Harza (MWH) to develop study plans and complete engineering analysis of potential alternatives for resolving the Moffat Collection System Project. MWH submitted a $1.1 million preliminary proposal to provide these services. In addition, URS Corporation was selected as a third party consultant to complete the Environmental Impact Statement (EIS) on behalf of the Corps. URS submitted a $2.2 million preliminary proposal for completing the EIS. Based upon these proposals and additional requirements identified by the project team and the Corps, the MWH scope of work and the preparation of the EIS were divided into three phases. Phase I involved introduction of the Board’s Moffat Collection System Project water reliability and system vulnerability problem, and project alternatives to address that problem to local, state, and federal agencies, as well as the general public, by the publication of a notice of intent to prepare an EIS in the federal register. Upon Completion of Phase I the Board paid MWH $348,359 and $259,156 to URS for work performed during Phase I. In 2003, the Board authorized MWH and URS to complete Phase II with the purpose of screening preliminary alternatives, preparing documentation, and developing a scope of work for Phase III. Phase II has been amended for both contracts in order to expand the screening work for the preliminary alternatives to include and environmental screening component. The final amended costs for Phase II for the MWH and URS contracts were $738,181 and $487,125, respectively. Phase III of the project was initiated in March 2005 to conduct reconnaissance-level studies and to identify the EIS alternatives. The costs of Phase III for the MWH and URS contracts were $300,000 and $440,000. In August of 2005 the Board

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approved agreements with MWH and URS for $550,000 and $2,500,000 to begin Phase IV(a) of the project. In Phase IV(a) short – and long-term impacts of direct and indirect effects of each alternative will be determined. In 2006, the Alternatives Screening Report for the Moffat Collection System Project EIS was published for review by the cooperating agencies. This report outlines the screening process used to narrow down the list of alternatives from over 300 to 5 alternatives. Because water divertible by the Darling Creek Enlargement and Extension of the Williams Fork Diversion Project and the Moffat Tunnel Collection System is an integral component of the Moffat Collection System Project, efforts to address the Moffat Collection System Project furthers progress towards beneficial use of the subject water rights. 59. Planning, design, construction and completion of clear water storage reservoirs necessary for the storage of treated water for the purpose of maintaining peak hour demands placed upon the components of the Board’s water system. 60. Planning, design, construction and completion of conduits, pumping plants and distribution systems necessary for carrying treated water to and from the Board’s water system. 61. During the subject diligence period approximately $376 million dollars has been spent on the planning, design, construction and litigation necessary for the eventual completion of various components of the Denver Municipal Water System. 5. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Name of Owner – City of Englewood, Address: Department of Utilities, Englewood Civic Center, 1000 Englewood Parkway, Englewood, CO 80110; Bureau of Land Management, Address: P.O. Box 68, Kremmling, CO 80459-0068; United States of America, Address: P.O. Box 25127, Denver, CO 80225-0127; Climax Molybdenum Co., Address: Henderson Operations, P.O. Box 68, Empire, CO 80438-0068. (21 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2007 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 10. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2007. 07CW30 Water Division 5, Concerning the Application for a Finding of Reasonable Diligence of the City and County of Denver, acting by and through its Board of Water Commissioners (“the Board”) in Grand County. This application is filed pursuant to C.R.S. § 37-92-301(4) and the Court’s Order dated February 8, 2001. 1. Patricia L. Wells, General Counsel, Michael L. Walker, No. 2828, Casey S. Funk, No. 11638, Attorneys for Applicant, the City and County of Denver, acting by and through its Board of Water Commissioners. Address: 1600 West 12th Avenue, Denver, Colorado 80204-3412, Phone Number: 303-628-6460, Fax Number: 303-628-6478. 2. Name of ditch or structure: Carr No. 2 Ditch. 3. Describe the conditional water right: A. Date of original decree: November 5, 1937, Civil Action No. 657, District Court of Grand County. B. Location: The headgate is located at a point on the east bank of the Williams Fork River whence the Southwest corner of Section 13, Township 1 North, Range 79 West of the 6th P.M. bears South 56º45’ West 1920 feet. C. Source: Williams Fork River, tributary to the Colorado River. D. Appropriation date: October 15, 1933. E. Amount: 5.4 cfs absolute, 16.0 cfs conditional, 21.4 cfs total. F. Use: Irrigation and Power Purposes. 4. The following is a list of activities and work that have been completed or are in the process of being completed since February of 2001, pertaining to the development of water which is the subject of this application. The list is not meant to be all inclusive. 1.Completed annual safety inspections and prepared reports for Williams Fork Dam, Gross Dam, Ralston Dam, Cheesman Dam, Eleven Mile Dam, High Line Dam and Intake and Antero Dam. Completed two independent consultant inspections on Williams Fork Dam and Gross Dam for Federal Energy Regulatory Commission. 2. Replaced the turbine runner, wicket gates and associated components on the Williams Fork Hydroelectric Power Plant. 3. Reviewed water seepage data collected from a monitoring device at the west portal of the Moffat Tunnel. 4. Completed preliminary drawings for the purchase and installation of a new upstream slide gate on the existing outlet works facility at Williams Fork Reservoir. 5. Adjusted the radial spillway gates and repaired generator on top Williams Fork Dam. 6. Monitored Williams Fork Dam and Reservoir for horizontal and vertical movement. 7. Completed construction of maintenance garage on the west side of Jones Pass. 8. Surveyed the boundary of U.S. Forest Service property at its juncture with the Board’s properties at both portals of the Gumlick Tunnel. 9. In 2005, the Board replaced two culverts on Jones Pass facility and set property corners. 10. Surveyed the Bobtail Mining Claim near the Board’s Jones Pass facility and set property corners. 11. Completed design of penstock emergency closure valve facility and obtained approval for the project from both the FERC and SEO at Williams Fork Dam and Reservoir. 12. The Board is in the process of installing a small 500 kW hydroelectric unit that would increase generation capacity as part of the Williams Fork Diversion Project. The smaller unit will be designed to capture lower flows (under 70 cfs) and excess higher flows (greater than 220 cfs at rated head of 192 feet and greater than 260 cfs at 160 feet of head) released from the dam that are currently not captured by the existing 3.15MW unit. 13. Rebuilt the operator on a 36-inch hollow jet valve in the outlet works at Williams Fork Dam and Reservoir. 14. In 2003, the Board acquired property near Williams Fork Reservoir from the Docheff family. Aerial photogrametry points and panels were set in the field, along with level bench marks to control same to map the eroding embankment in the area. Board crews began repair of the erosion on the east shoreline by laying back the slope and placing rip-rap

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along the shoreline. In 2004, the Board continued to digitally map and upgrade an AutoCAD drawing of the land. In 2005, erosion control work was delayed due to cultural material being discovered in the area. As a result, the State Historical Society preservation officer was consulted with and cultural resources data recovery at the National Register of Historical Places site 5GA3222 was completed in 2005. 15. Performed annual drill of Emergency Preparedness Plan for Williams Fork Reservoir. 16. In 2003, the Board completed the installation of new electronic controls for the Williams Fork Hydroelectric Power Plant. Testing and calibration continued through 2004. 17. Completed inventory of the Moffat Collection Tunnel System. Inventory included comprehensive inspection of all structures and canals, documentation of current system conditions and recommendations for repairs where necessary. 18. Obtained accurate and up-to-date acreages on the real estate that was sold, traded, or retained in the Moffat Collection System area. 19. Upgraded the cooling system for both the building and hydro turbine engine at Williams Fork Hydroelectric Power Plant. 20. In 2002, the Board awarded a contract to Denny Construction, Inc. to construct the Moffat Collection System Headquarters, which included a 6,892 square foot administrative building and shops. Construction was completed in 2003. 21. In 2006, the Board began working with the Town of Winter Park regarding the impact of development on Denver Water property. 22. During 2002, and in conjunction with agreements previously entered into with the State Engineer concerning the State Satellite Monitoring System, the State provided the Board with information from stream gages monitored by satellite. The Board and the United States Geological Survey (USGS) continue to cooperate on stream flow measurements pursuant to cooperative agreements. 23. In 2001, the Board filed a notice of intent to seek a new license for its Williams Fork Hydroelectric Project No. 2204 and requested permission to utilize the Federal Energy Regulatory Commission’s (FERC)’s Alternative Licensing Process to prepare its application, which the FERC granted. In December 2004, the Board filed its application for a new license asking that it first be considered as an exemption application. In 2005, the FERC accepted the Board’s application for filing and stated that it would be processed as an exemption application. In April of 2006, the FERC issued its Environmental Assessment and later that September the Board was granted its exemption from the licensing requirements of Part I of the Federal Power Act. 24. Planning, design, construction and completion of clear water storage reservoirs necessary for the storage of treated water for the purpose of maintaining peak hour demands placed upon the components of the Board’s water system. 25. Planning, design, construction and completion of conduits, pumping plants and distribution systems necessary for carrying treated water to and from the Board’s water system. 26. During the subject diligence period over $176,996,068 million has been spent on the planning, design, construction and litigation necessary for the eventual completion of various components of the Denver Municipal Water System. 5. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Name of owner: United State of America Bureau of Land Management, Address: P.O. Box 68, Kremmling, CO 80459-0068; State of Colorado, Division of Wildlife, Address: 6060 Broadway, Denver, CO 80216-1000; Denver, City and County of Board of Water Commissioners, Address: 1600 W. 12th Ave., Denver, CO 80204-3412. (6 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2007 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 11. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2007. 07CW31 Water Division 5. Concerning the application for water rights of the City and County of Denver, acting by and through its Board of Water Commissioners, (“the Board”) in Grand County. This application is filed pursuant to C.R.S. § 37-92-301(4) and the Court’s Decree dated February 2, 2001 for a Finding of Reasonable Diligence and to Make Absolute. 1. Name, address and telephone number of Applicant: Patricia L. Wells, General Counsel, Michael L. Walker, No. 2828, Casey S. Funk, No. 11638, Attorneys for Applicant, the City and County of Denver, acting by and through its Board of Water Commissioners, Address: 1600 West 12th Avenue, Denver, Colorado 80204-3412, Phone Number: 303-628-6460, Fax Number: 303-628-6478. 2. Name of structures: Fraser River Diversion Project, Williams Fork Diversion Project. 3. Describe the conditional water right, giving the following from the Referee’s Ruling and Judgment and Decree: A. Date of original decree: November 5, 1937, Case No. C.A. 657, Court: Water Court, Water Division No. 5 B. Location: Fraser River Diversion Project: a. West Canal Line intake from the Fraser River at a point on the East bank of said river whence the southeast corner of Section 33, Township 1 South, Range 75 West, 6th P.M., bears North 22º22’ West 18,656 feet; b. Jim Creek feeder at a point on the North bank of said creek whence the southeast corner of Section Little Vasquez Creek feeder at a point on the East bank of said creek whence angle point No. 2 of Track 37, Township 2 South, Range 75 West, 6th P.M., bears South 63º48’03” West 526.84 feet; d. West Canal Line intake from Vasquez Creek at a point on the East bank of said creek whence angle point No. 2 of Tract 37, Township 2 South, Range 75 West, 6th P.M., bears North 37º58’ East 11,416.58 feet; e. West Canal Line intake from Cooper Creek at a point where said canal crosses said creek whence angle point No. 1 of Tract 37, Township 2 South, Range 75 West, 6th P.M., bears South 80º56’ West 729.10 feet; f. West Canal Line intake from St. Louis Creek at a

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point on the East bank of said creek whence the southeast corner of Section 33, Township 1 South, Range 75 West, 6th P.M., bears North 69º47’ East 36,547 feet; g. West Canal Line intake from West St. Louis Creek at a point on the East bank of said creek whence the southeast corner of Section 33, Township 1 South, Range 75 West, 6th P.M., bears North 79º01’ East 36,009 feet; h. East Canal Line intake from Buck Creek at a point on the South bank of said creek where said canal crosses the creek 957 feet approximately due North of the mouth of the intake shaft of the Moffat Water Tunnel; i. East Canal Line intake from Faun Creek at a point on the West bank of said creek whence the southeast corner of Section 33, Township 1 South, Range 75 West, 6th P.M., bears South 61º35’ West 7,801 feet; j. East Canal Line intake from South Ranch Creek at a point on the West bank of said creek whence the southeast corner of Section 33, Township 1 South, Range 75 West, 6th P.M., bears South 45º37’ West 13,221 feet; k. East Canal Line intake from Ranch Creek at a point on the West bank of said creek whence the southeast corner of Section 33, Township 1 South, Range 75 West, 6th P.M., bears South 40º22’ West 16,151 feet; l. East Canal Line intake from North Ranch Creek at a point on the South bank of said creek whence the southeast corner of Section 33, Township 1 South, Range 75 West, 6th P.M., bears south 33º0’ West 19,000 feet. The locations of the several western slope reservoirs of the Fraser River Diversion Project are as follows: a. Vasquez Reservoir in Sections 18 and 19, Township 2 South, Range 75 West, 6th P.M., with the east end of the dam at a point whence the southeast corner of Section 33, Township 1 South, Range 75 West, 6th P.M., bears North 45º3’ East 15,551 feet. b. St. Louis Reservoir in Sections 16 and 21, Township 2 South, Range 76 West 6th P.M., with the East end of the dam at a point whence the southeast corner of Section 33, Township 1 South, Range 75 West, 6th P.M. bears North 69º47’ East 36,547 feet. The locations of several eastern slope reservoirs in which the waters of the Fraser River Diversion Project are and will be stored are as follows: a. Ralston Creek Reservoir in Sections 32 and 33, Township 2 South, and Sections 5 and 6, Township 3 South, all in Range 70 West, 6th P.M.; b. Cheesman Reservoir in Township 10 South, Ranges 70 and 71 West, 6th P.M.; c. Eleven Mile Canon Reservoir in Township 13 South, Ranges 72 and 73 West, 6th P.M.; d. Marston Reservoir in Township 5 South, Range 69 West, 6th P.M.; e. Antero Reservoir in Township 12 South, Ranges 76 and 77 West, 6th P.M.; f. Gross Reservoir in Township 1 South, Range 71 West, 6th P.M. in Boulder County, Colorado. Williams Fork Diversion Project: The locations of the several points of diversion of the canals of the Williams Fork Diversion Project are as follows: a. North Canal Line, Section 1 from McQueary Creek at a point on the South bank of said creek whence the United States Location Monument Wilson near Minnehaha Gulch, LaPlata mining district Grand County, Colorado, (hereinafter referred to as the Wilson Monument) bears South 31º56’15” East 8,333.32 feet; b. North Canal Line, Section 2, from Jones creek at a point on the South bank of said creek whence the Wilson Monument bears South 66º29’40” East 1,983.49 feet; c. North Canal Line, Section 3 receives its water through Sections 1 and 2 and from tributary drainage and has no independent point of diversion on any stream; d. South Canal Line, Section 1 from Bobtail Creek at a point on the East bank of said creek whence the Wilson Monument bears North 65º34’50” East 2,007.47 feet; e. South Canal Line, Section 2, From Steelman Creek at a point on the East bank of said creek whence Wilson Monument bears North 78º46’45” East 9,525.25 feet. f. South Canal Line, Section 3 receives its water through Sections 1 and 2 and has no independent point of diversion on any stream; g. South Canal Line, Section 4 from Bobtail Creek at a point on the East bank of said creek whence the Wilson Monument bears North 62º23’ East 1,967.2 feet; h. South Canal Line, Section 5 from Steelman Creek at a point on the East bank of said creek whence the Wilson Monument bears North 75º07’ East 9,715.3; i. South Canal Line, Section 6 receives its water through Section 7 and from tributary drainage and has no independent point of diversion on any stream; j. South Canal Line, Section 7 from the Middle Fork of the Williams Fork River at a point on the East bank of said Middle Fork whence Ptarmigan Peak Monument bears South 73º33’ East 23,868 feet; k. South Canal Line, Section 8, from Allen Creek at a point on the North bank of said creek whence the Ptarmigan Monument bears North 86º07’ East 20,897 feet; l. South Canal Line, Section 9 receives its water through Section 8 and has no independent point of diversion on any stream; m. South Canal Line, Section 10 from the South Fork of the Williams Fork River at a point on the North bank of said South Fork whence the Ptarmigan Peak Monument bears North 50º47’ East 11,999 feet; n. Middle Fork Feeder Ditch of the South Canal Line receives its water from tributary drainage and has no point of diversion on any stream. The locations of several eastern slope reservoirs in which waters of the Williams Fork Diversion Project will be stored are as follows: a. Empire Reservoir in Section 29, Township 3 South, Range 74 West, 6th P.M.; b. Cheesman Reservoir in Township 10 South, Ranges 70 and 71 West, 6th P.M.; c. Eleven Mile Canon Reservoir in Township 13 South, Ranges 72 and 73 West, 6th P.M.; d. Marston Reservoir in Township 5 South, Range 69 West, 6th P.M; e. Antero Reservoir in Township 12 South, Ranges 76 and 77 West, 6th P.M. C. Source: Fraser River Diversion Project: The Fraser River, a tributary of the Colorado River, and those of its several tributaries from which intakes have been or will be constructed and also tributary drainage. Williams Fork Diversion Project: The Williams Fork River, a tributary of the Colorado River and its several tributaries from which intakes have been or will be constructed and also tributary drainage. D. Appropriation Date: Fraser River Diversion Project: July 4, 1921, except as to the enlargement of the Vasquez Reservoir, which date is July 7, 1936. Williams Fork Diversion Project: July 4, 1921. E. Amount: Fraser River Diversion Project: 352 cfs conditional, 928 cfs absolute, 1280 cfs total. Williams Fork Diversion Project: 406 cfs conditional, 214 cfs absolute, 620 cfs total. See attached tables I, II, III and IV for amounts remaining conditionally decreed for direct flow and storage rights for each of the within described features of the Fraser River and Williams Fork Diversion Projects. F. Use - Municipal uses, including domestic use, fire protection, street sprinkling, watering of parks, lawns and grounds, mechanical uses and every other type of municipal use, and for maintaining adequate storage reserves as follows: (1) In St. Louis Reservoir, 1,150 acre feet; (2) In Vasquez Reservoir, 275 acre feet; (3) In Vasquez Reservoir, 6,341 acre feet; (4) In Ralston Creek Reservoir 12,758 acre feet; (5) In Cheesman Reservoir 79,000 acre feet; (6) In Eleven Mile Cañon Reservoir 81,971 acre feet; (7) In Marston Reservoir 19,800 acre feet; (8) In Empire Reservoir 6,494.39 acre feet; (9) In Gross Reservoir 113,077.7 acre feet; (10) In

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Antero Reservoir 33,000 acre feet; 4. The Fraser River Diversion Project and the Williams Fork Diversion Project are an integral part of the Denver Municipal Water Works System. The following is a list of activities and work that have been completed or are in process of being completed since February of 2001, pertaining to the collection, development, storage, treatment and distribution of water which is the subject of this application. The list is not meant to be all inclusive. 1. Completed annual safety inspections and prepared reports for Williams Fork Dam, Gross Dam, Ralston Dam, Cheesman Dam, Eleven Mile Dam and Antero Dam. Completed two independent consultant inspections on Williams Fork Dam and Gross Dam for the Federal Energy Regulatory Commission (FERC). 2. Annual Reports of Beneficial Use were filed with the Department of Agriculture, U.S. Forest Service. These reports show the Board’s activities related to the Right-of-Way No. D-027915, Williams Fork Diversion Project and Right-of-Way No. D-032121, Two Forks Reservoir Project. 3. The Board continued its development, maintenance and rehabilitation program for facilities necessary to utilize the Williams Fork Diversion Project and waters divertible by the Fraser River Diversion Project. 4. The Board replaced the bridge decking at Steelman Diversion Dam. 5. As part of the Fraser Diversion Project the Board continued to survey the Arrow Tunnel to its outfall and in the vicinity of the outfall area using the Global Positioning System and created a new base map in AutoCAD for properties surrounding each end of the Arrow Tunnel. 6. Continued to map the diversion of the South Fork of Ranch Creek to delineate an existing wetlands area and the centerline alignment of the diversion piping. 7. In 2005, the Board replaced two culverts on Jones Pass Road. 8. In 2004, the Board purchased the Bobtail and Bobtail No. 2 Lode Mining Claims at the Board’s Williams Fork Collection System Headquarters area. This property will enable the Board to enhance its collection system under the water rights that are the subject of this application. 9. Completed preliminary drawings for the purchase and installation of a new upstream slide gate on the existing outlet works facility at Williams Fork Reservoir. 10. Monitored Williams Fork Dam and Reservoir for horizontal and vertical movement. 11. Completed design of penstock emergency closure valve facility and obtained approval for the project from both the FERC and the State Engineer’s Office at Williams Fork Dam and Reservoir. 12. Adjusted the radial spillway gates and repaired generator on top Williams Fork Dam. 13. Performed annual drill of the Emergency Preparedness Plan for Williams Fork Reservoir. 14. In 2003, the Board completed the installation of new electronic controls for the Williams Fork Hydroelectric Power Plant. Testing and calibration continued through 2004. 15. Rebuilt the operator on a 36-inch hollow jet valve in the outlet works at Williams Fork Dam and Reservoir. 16. The Board is in the process of installing a small 500 kW hydroelectric unit that would increase generation capacity at Williams Fork Dam. The smaller unit will be designed to capture lower flows (under 70 cfs) and excess higher flows (greater than 220 cfs at rated head of 192 feet and greater than 260 cfs at 160 feet of head) released from the dam that are currently not captured by the existing 3.15MW unit. 17. Continued work toward completing negotiations with the Bureau of Land Management for a land exchange at Gross Reservoir. Water diverted by the Fraser River and Williams Fork Diversion Projects will be stored and regulated at Gross Reservoir. 18. Packed and tightened the joints on the Vasquez-St. Louis Diversion Siphons 1 and 1A. 19. Replaced 612-feet of open Fraser Canal with a 102-inch diameter concrete pipe. 20. Completed inventory of the Moffat Collection System. Inventory included comprehensive inspection of all structures and canals, documentation of current system conditions and recommendations for repairs. 21. The Board’s staff designed, prepared specifications, and inspected the installation of 102-inch steel casing and 84-inch steel pipe under State Highway No. 40. This project was completed in 2003 in cooperation with the Department of Transportation’s road widening project. The Board accepted possession of the new installation in 2004. 22. Completed the installation of a new blow-off valve and shed on the Vasquez-St. Louis Diversion Siphon 1-A. 23. Completed a preliminary study evaluating the affects of dewatering the existing facilities on the St. Louis-Vasquez Collection System. 24. The Board began investigating solutions to stabilize Siphon 1, which has been moving downhill. 25. Prepared and finalized parcel maps for the transfer of real estate and licenses in the Winter Park area. 26. In 2002, the Board awarded a contract to Denny Construction, Inc. to construct the Moffat Collection System Headquarters, which included a 6,892 square foot administrative building and shops. Construction was completed in 2003. 27. Identified historic right-of-way agreements for access to the Moffat Collection System from the new headquarters facility through United States Forest Service property. 28. Awarded contract to Concrete Express, Inc. in the amount of $582,200 for spillway repairs at Ralston Dam and Reservoir. 29. Surveyed and mapped the diversion of the South Fork of Ranch Creek to delineate and existing wetlands area and the centerline alignment of the diversion piping. 30. Repaired the vent pipe on the inlet to the outlet works on Meadow Creek Dam. 31. Upgraded the cooling system for both the building and hydro turbine engine at Williams Fork Hydroelectric Power Plant. 32. Board continued the renovation and construction of Gross Dam auxiliary outlet works. 33. Continued construction of a new 7.6-megawatt hydroelectric facility at Gross Dam and Reservoir consisting of powerhouse and penstock by Western Summit Constructors. Obtained new horizontal and vertical control for construction. Completed slope stabilization above the powerhouse location and installed a rock fall fence. Construction began in 2005. 34. Amended agreement with Kumar & Associates, Inc. for a new amount total of $40,345 for geotechnical engineering consultation during the construction of Gross Hydroelectric Powerhouse and Penstock at Gross Reservoir. 35. Begin sediment removal from South Boulder Creek in the Pinecliff area. 36. Replaced the Venturi meter at Ralston Dam and Reservoir. 37. Continued development of Memorandum of Understanding with Union Pacific Railroad on the potential relocation of the railroad if Leyden Reservoir is constructed. 38. The Board renovated its Moffat Treatment Plant and Moffat Filter Plant and continues the planning, design, construction and completion of conduits, pumping plants and distribution systems necessary for carrying treated water to and from the various components of the Municipal Water System. 39. On July 28, 2005 the Board acquired approximately 10-acres of property from the Youth Men’s Christian Association (YMCA) at a cost of $2.8 million. This property is located adjacent to the Moffat Water Treatment Plant and will enable the Board to enhance its treatment and distribution of water imported to the South Platte River Basin under the water rights

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that are the subject of this application. 40. In 2006, the Board began working with the Town of Winter Park regarding the impact of development on Denver Water property. 41. During 2002, and in conjunction with agreements previously entered into with the State Engineer concerning the State Satellite Monitoring System, the State provided the Board with information from stream gages monitored by satellite. The Board and the United States Geological Survey (USGS) continue to cooperate on stream flow measurements pursuant to cooperative agreements. 42. In 2003, the Board expended approximately $2.5 million for operation and maintenance costs associated with Marston Laboratory. These costs included water quality monitoring to optimize utilization of the Board’s water rights, which include water rights related to the Fraser River and Williams Fork Diversion Projects. 43. The Board’s representatives continue to work with representatives from the Northwest Regional Council of Governments, Grand County Water and Sanitation District, and other local citizens to design modifications of the Fraser River Non-point Source Project. The project has been operational for over five years and modifications to the original design are necessary to increase the efficiency of the project to remove anthropogenic sediments from the Fraser River. The Board’s representatives worked with project participants to develop and design modifications to the project in order to increase the sediment removal efficiency. 44. In 1996, the Board filed a notice of intent to file an application with the Federal Energy Regulatory Commission (FERC) to re-license its proposed Gross Reservoir Hydroelectric facility. Gross Reservoir impounds water conveyed under the Continental Divide via the Moffat Water Tunnel, including waters that are made available under the water rights associated with Fraser River and the Williams Fork Diversion Projects. The reservoir stores and regulates water for use within the Denver Municipal Water System. The original license was granted in 1950 and expired May 1, 2000. During 1996, the Board initiated the Applicant Prepared Environmental Assessment (APEA) in order to “front-load” the National Environmental Policy Act review and other licensing requirements. Several joint meetings were held in 1996 on an Initial Consultation Package and the scoping process to identify issues, concerns and opportunities associated with the proposed re-licensing of Gross Reservoir. The application to re-license Gross Reservoir was submitted to the FERC in May of 1998. The FERC issued notice of acceptance of the APEA and Final Application in June of 1998. The Board received a License for Gross Reservoir on March 16, 2001 and began development of numerous resource plans required by the license articles. In April of 2001, the Board contracted for consultant services to complete plans for the recreational requirements as stated as Articles in the FERC License. Plans include recreation management, safety and enforcement, erosion control, restoration, protection of rare and sensitive species, the development of a visual resource plan and other plans related to the facilities and recreational management of Gross Reservoir. As part of the FERC process, the Board committed in its Final Environmental Assessment submitted to the FERC that it would provide up to $250,000, over a 15-year period, for stream improvements on South Boulder Creek between Moffat Tunnel and Gross Reservoir. In 2001, the Colorado Division of Wildlife and the Board entered into an intergovernmental agreement to perform these specific stream improvements. The Board has continued to develop plans in the FERC License Articles. Since 2005 the Board spent approximately $144,000 on the improvements necessary for the FERC re-licensing of Gross Reservoir. 45. In 2003, the Board’s representatives participated in a joint study process with the Water Quality/Quantity Committee (QQ Committee) of the Northwest Colorado Council of Governments. The QQ Committee has assembled appropriate stakeholders – the Colorado River Water Conservation District, Summit County, Grand County, Northern Colorado Water Conservancy District, Denver, Aurora, Colorado Springs, Douglas County, Breckenridge, Frisco, Silverthorne, Winter Park, Fraser and others- to look at the present and future uses of the Blue River and Williams Fork River, Fraser River, including in-stream needs. 46. In 2003, the Board acquired approximately 10.6 acres near Williams Fork Reservoir from Metro Docheff. This acquisition will allow for repairs to the eroding shoreline and resolve problems of encroachment at the camp ground. Aerial photogrametry points and panels were set in the field, along with level bench marks to control same to map the eroding embankment in the area. Board crews began repair of the erosion on the east shoreline by laying back the slope and placing rip-rap along the shoreline. In 2004, the Board continued to digitally map and upgrade an AutoCAD drawing of the land. In 2005, erosion control work was delayed due to cultural material being discovered in the area. As a result, the State Historical Society preservation officer was consulted with and cultural resources data recovery at the National Register of Historical Places site 5GA3222 was completed in 2005. 47. The Board commissioned the design of its non-potable water recycling plant and associated distribution facilities in 1997. The system captures effluent water from the Metro Wastewater Plant before it is discharged to the South Platte River for subsequent reuse. The water delivered to the Recycling Project includes water diverted under the water rights that are the subject of this application, subject to certain existing contractual commitments. The recycled water will be used by outdoor irrigation and industrial customers located primarily in the north and central sections of Denver. Construction of the project’s first phase of a 30 million gallon per day treatment plant including distribution lines, storage reservoirs, and pumping plants was started in 2001 and was completed in February 2004 at a cost of $110.9 million. Service of recycled water to customers began in the spring of 2004. In 2005, the Board began designing several key additions to expand its distribution system for delivery of the recycled water. When complete, these additions will include a new 6 million gallon basin at Capitol Hill in central Denver and a new pump station at 11th & Quebec in east Denver. The basin and pump station will feed new conduits serving the redeveloped areas around the former Stapleton Airport and Lowry Air Force Base. Construction of these additions began in 2006 with a completion target of 2007 at an estimated direct cost $14.6 million. 48. The Board, in cooperation with the South Adams County Water and Sanitation District (South Adams), is developing storage on the South Platte River downstream of Denver to enhance the yield of its municipal water system. This storage will recapture and regulate the Board’s reusable return flow presently unusable due to the lack of timely upstream exchange potential or demand, including return flows resulting from the use of water that is the subject of this application, subject to certain existing contractual commitments. The stored returns will be released to the river when upstream

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exchange potential exists. Additionally, downstream storage will be used to augment the delivery of water to the Recycling Plant when there is legally insufficient reusable return flow available to the plant. Prior to 2006, the projected capacity of these downstream storage sites, which are principally gravel pits already mined or in the process of being mined, was approximately 20,000 acre-feet. These reclaimed gravel pits are clustered in two complexes; the North Complex, to be supplied water through an enlarged Fulton Ditch, and the South Complex, to be supplied water through the Burlington Ditch. The Board subsequently determined that a total of 30,000 acre feet of downstream reservoir storage is required to optimize the Board’s reusable return flows for replacement purposes. In order to optimize the use of these reusable return flows for replacement purposes, the Board acquired the $27 million Lupton Lakes site in 2006, which is situated on the east side of the South Platte River approximately 25 miles downstream from Denver. The 353 acre property is currently being mined for its sand and gravel deposits. Mining is anticipated to be complete by 2020, and upon reclamation and conversion to a water storage facility, will have a predicted capacity of 11,400 acre feet. In consideration for the Board’s agreement to use its facilities to regulate and deliver to South Adams the Board’s existing obligation to provide 5,000 acre feet supply of its reusable supplies (5K Water), South Adams and the Farmers Reservoir and Irrigation Company paid approximately $14 million of the $27 million acquisition costs, with the balance paid by the Board. As part of the arrangement, South Adams also agreed to convey to the Board all of its interests in the North and South Complexes, bringing the total amount of anticipated downstream storage ultimately owned and controlled by the Board to over 30,000 acre feet. 49. As a condition of the execution of the agreement for a permanent pool in Wolford Mountain Reservoir, the Clinton Reservoir-Fraser River Water Agreement (Clinton Agreement) was executed in 1992. The agreement states that the Board will operate its Two Forks Reservoir water rights and its Blue River Diversion Project water rights as to allow specified amounts of water to be stored in Clinton Reservoir for the benefit of west slope entities in Summit and Grand Counties, who were signatory to the agreement. Also under the Clinton Agreement, the Board agreed to make other water available to water users in Grand County in the Fraser River Basin from the Board’s Fraser and Williams Fork Diversion Projects, which are the subject of this application. The Board’s ability to store and retain water otherwise owed to Green Mountain Reservoir, for which substitution can be made from Wolford Mountain, is dependent on the Board fulfilling its contractual commitments under both the Wolford Mountain and Clinton Agreements. 50. The Board has undertaken the Lawn Irrigation Return Flow Project (LIRF). Portions of water delivered to the Board’s customers for lawn irrigation reaches the South Platte River as return flow. LIRFs include both surface water and groundwater returns. Under Colorado water law, the Board is entitled to take credit for that portion of return flow attributable to its fully reusable and consumable water supplies, including water diverted under the subject water right, subject to certain existing contractual commitments. The Board’s LIRF project is designed to quantify reusable return flows with sufficient detail and accuracy to obtain Water Court approval. In 1999, the Board completed the Phase I scoping study of the effort needed to quantify LIRFs. In 2000, the Board approved a $2 million Phase II analysis. This analysis has now been completed and the project has progressed into Phase III. In 2004, an application was filed with the Water Court seeking approval of the analysis and a proposed decree allowing the use of LIRFs in the Board’s system. A final report is expected in 2007. 51. In January of 1999, the United States Fish and Wildlife Service (FWS) issued the Programmatic Biological Opinion (PBO) for the 15-Mile Reach of the Colorado River. The PBO streamlines Endangered Species Act (ESA) consultation for the Board and other water users by providing compliance for all current depletions (averaging about one million acre-feet per year) in the Colorado River above the confluence of the Colorado and Gunnison Rivers near Grand Junction, Colorado. It also provides ESA compliance for up to 120,000 acre-feet per year of new depletions. The continued and successful implementation of the PBO facilitates diversion of water through the Fraser River and Williams Fork Diversion Projects, under the subject water rights. It further addresses fish recovery actions that affect the Colorado River, including the 15-Mile Reach from Palisade, Colorado, to the confluence with the Gunnison River. The Board worked as part of a group comprised of other water users, the FWS, the U.S. Bureau of Reclamation, environmental groups and the State of Colorado to develop mechanisms for improving habitat in the Colorado River. These mechanisms are included in the PBO and are as follows: ● Continuation of the Coordinated Reservoir Operations Study, a voluntary program to enhance peak flow conditions in the 15-Mile Reach. The study has been ongoing since 1995. Its goal is to enhance habitat in the 15-Mile Reach through re-operation of upstream storage reservoirs, including Williams Fork and Dillon reservoirs, to achieve higher peak flow conditions. The Board has provided water releases to the fish under this Coordinated Reservoir Operations program. In 2006 alone, the Board’s operations contributed over 10,000 acre feet to this effort. ●Water users made a commitment to provide a permanent supply of up to10,825 acre-feet of water to the Recovery Program. In this regard, the Board has expended significant effort to develop the Sulphur Gulch Project as described below. In the interim, the Board entered into a memorandum of agreement in April of 2000 with the Colorado Water Conservation Board (CWCB) and FWS to provide on a temporary basis up to 5,412.5 acre-feet per year of deliveries from West slope reservoirs to enhance 15-Mile Reach flows in late summer and fall low flow periods. The Board has released water as directed by the FWS to enhance flows for endangered fish. Between 2001 and 2006, the Board released a total of approximately 25,000 acre feet of water from its west slope storage facilities for these flow enhancement purposes. ●Coordinated Facilities Operations Study. The state has sponsored a study to evaluate options to obtain an additional 20,000 acre-feet for peak flow enhancement. The study will evaluate many alternatives, including re-operation of existing facilities and use of conditional water rights to obtain an additional 20,000 acre-feet of water for peak flow deliveries in average water years. ●Non-flow related participation includes support of long term funding legislation. Long term funding legislation was signed into law on October 30, 2000. However, substantial efforts have been required in the last several legislative budget cycles to assure funding for the Colorado River Program. In 2005, the Board sent multiple letters to legislators and congressmen in Washington D.C. supporting efforts to

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continue funding for the Colorado River Program. Water users also support successful completion and implementation of non-flow related habitat improvements such as acquisition of flooded bottomlands, non-native species control, and construction of fish ladders. 52. The Board adopted a resolution of intent to appropriate water and filed a joint water right application for storage rights from the Colorado River in Mesa County, Colorado. The proposed Sulphur Gulch Reservoir project is to be a joint effort with the Northern Colorado Conservancy District and its Municipal Subdistrict. The project includes a reservoir on Sulphur Gulch, a tributary of the Colorado River in Mesa County and a pumping plant for delivering water from the Colorado River. Water stored in the reservoir will help fulfill obligations under the Colorado River Recovery Program for threatened and endangered fish species, thereby facilitating the diversion of water to be used in both the Williams Fork Diversion Project and the Two Forks Reservoir Project. In 2001, a physical availability study, a report on environmental resource and permitting issues, and a proposed decree were prepared in support of water rights applied for in Case No. 99CW279. In 2004, the USGS finished and published a report prepared in cooperation with Denver Water and the Northern Colorado Water Conservancy District. The report summaries the results of a study of the probable effects of the proposed Sulphur Gulch Reservoir on the water quality and quantity in the Colorado River near Grand Junction, Colorado. In 2005, interested parties began discussions to resolve issues related to the project. Other east slope municipalities and water users, agreed to enter into a MOU to support and assist in the completion of Sulphur Gulch Reservoir or another project. 53. In the fall of 1992, the Board’s staff initiated development of a long-range planning process using Integrated Resource Planning (IRP) techniques. IRP is a comprehensive form of utility resource planning which considers a wide range of potential supply-side and demand management resource options, features extensive public involvement, deals explicitly with future uncertainties, and lists tradeoffs among carefully-defined policy objectives. The product of IRP is a small number of well-documented resource strategies that have been evaluated against measurable evaluation criteria, which are tied to policy objectives agreed upon by stakeholders. Since the inception of the IRP effort, multiple configurations and options have been evaluated to supply build-out demand of Denver’s contract service area, including reuse, demand management and supply projects which involve both system refinements and cooperative projects with other water supply entities. The efforts culminated in the issuance of the October 15, 1996, Board Resource Statement, which addressed issues concerning current supply and delivery obligations, future strategies for water supply for the near-term and long-term, and involvement with other metropolitan water supply purveyors. The initial IRP effort also resulted in the issuance of a report in 1997. The updated and re-issuance of the 1997 report was completed in February of 2002, reflecting changes resulting from numerous initiatives set out in the initial 1997 report. The Board’s staff has begun updating the IRP for publication in 2007. The implementation of the IRP is an on-going effort and the Board continues instituting recommendations resulting from the 2002 IRP report. In December 2006, the Board adopted the 2006 Supplement to the Board Resource Statement dated October 15, 1996. The Supplement augments and elaborates on the 1996 Statement, and describes some of the issues that will influence the Board’s direction in coming years. These resource strategies will help the Board pursue its effort toward the continued development of water available from the structures under this application. Since 2001, the Board has expended approximately $298,000 on the IRP update efforts, which costs exclude any design and construction costs of projects identified by the IRP. 54. In 2001, the Board filed a notice of intent to seek a new license for its Williams Fork Hydroelectric Project No. 2204 and requested permission to utilize the Federal Energy Regulatory Commission’s (FERC)’s Alternative Licensing Process to prepare its application, which the FERC granted. In December 2004, the Board filed its application for a new license asking that it first be considered as an exemption application. In 2005, the FERC accepted the Board’s application for filing and stated that it would be processed as an exemption application. In April of 2006, the FERC issued its Environmental Assessment and later that September the Board was granted its exemption from the licensing requirements of Part I of the Federal Power Act. 55. In 2002, the Board initiated a U.S. Army Corps of Engineer’s (Corps) permitting process for the Moffat Collection System Project to address water reliability and system vulnerability problems, and to provide the next increment of firm yield. In 2003, the Board selected Montgomery Watson Harza (MWH) to develop study plans and complete engineering analysis of potential alternatives for resolving the Moffat Collection System Project. MWH submitted a $1.1 million preliminary proposal to provide these services. In addition, URS Corporation was selected as a third party consultant to complete the Environmental Impact Statement (EIS) on behalf of the Corps. URS submitted a $2.2 million preliminary proposal for completing the EIS. Based upon these proposals and additional requirements identified by the project team and the Corps, the MWH scope of work and the preparation of the EIS were divided into three phases. Phase I involved introduction of the Board’s Moffat Collection System water reliability and system vulnerability problem, and project alternatives to address that problem to local, state, and federal agencies, as well as the general public, by the publication of a notice of intent to prepare an EIS in the federal register. Upon Completion of Phase I the Board paid MWH $348,359 and $259,156 to URS for work performed during Phase I. In 2003, the Board authorized MWH and URS to complete Phase II with the purpose of screening preliminary alternatives, preparing documentation, and developing a scope of work for Phase III. Phase II has been amended for both contracts in order to expand the screening work for the preliminary alternatives to include and environmental screening component. The final amended costs for Phase II for the MWH and URS contracts were $738,181 and $487,125, respectively. Phase III of the project was initiated in March 2005 to conduct reconnaissance-level studies and to identify the EIS alternatives. The costs of Phase III for the MWH and URS contracts were $300,000 and $440,000. In August of 2005 the Board approved agreements with MWH and URS for $550,000 and $2,500,000 to begin Phase IV(a) of the project. In Phase IV(a) short – and long-term impacts of direct and indirect effects of each alternative will be determined. In 2006, the Alternatives Screening Report for the Moffat Collection System Project EIS was published for review by the cooperating agencies. This report outlines the screening process used to narrow down the list of alternatives from over 300 to 5 alternatives. Because water

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divertible by the Fraser River and Williams Fork Diversion Projects is and integral component of the Moffat Collection System Project, efforts to address the Moffat Collection System Project furthers progress towards beneficial use of the subject water rights. 56. Planning, design, construction and completion of clear water storage reservoirs necessary for the storage of treated water necessary to meet the peak hour demands placed on the components of the Board’s Water System. 57. Planning, design, construction and completion of conduits, pumping plants and distribution systems necessary for carrying treated water to and from the Board’s water system. 58. During the subject diligence period over $376 million has been spent on the planning, design, construction and litigation necessary for the eventual completion of various components of the Denver Municipal Water System. 5. Water applied to beneficial use: Williams Fork Diversion Project: A. Date water applied to beneficial use: June 4, 2006, Amount: 254 cfs, Use: Its decreed beneficial uses. B. Description of place of use where water is applied to beneficial use: The water was placed to beneficial use in the area served by the Denver Municipal Water System including areas served by fixed contracts. 6. Names and address of owner or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Name of Owner: United States of America, P.O. Box 25127, Denver, CO 80225-0127. (24 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2007 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 12. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2007. 07CW32 GRAND COUNTY, SOURCE: Gardiner Creek, tributary to the Colorado River, Application for Finding of Reasonable Diligence and to Make Water Rights Absolute by Nancy Barber in care of Sara M. Dunn, Esq., Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602 (970) 945-6546. Structure: Cottonwood Reservoir. Prior decree dated 11/7/1974 Nunc pro Tunc 5/30/1972, CA1430, Dist. Ct. Water Div. 5, Colorado. Legal description: Cottonwood Reservoir is located in SE1/4, SE1/4 Sec. 1 and NE1/4, NE1/4 Sec. 12, T1N, R78W 6PM, the initial point of survey being a point on the right abutment of the dam whence the SW corner of Sec. 1, T1N, R78W PM bears S. 79 deg., 02’ W. 4,264.03 ft. Approp. 1/15/1949. Amt. 129.39 a.f., 86.12 a.f. absolute. 43.27 a.f. cond. for Irr. and stock watering. A complete description of Applicant’s diligence activity is included in the Application on file with the Court. Claim to Make Absolute: Water applied to beneficial use: April through October, 1978. Description of place of use. Applicant’s property generally located in Secs. 1, 12, T1N, R78W 6PM. Amt. 9.88 a.f. Applicant owns the 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 placed to beneficial use. (4 pages, exhibit) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2007 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 13. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2007. 07CW33 MESA COUNTY –WINDOW LAKE, LLC, c/o John R. Pierce, Dufford, Waldeck, Milburn & Krohn, LLP, 744 Horizon Court, Suite 300, Grand Junction, CO, 81506, (970) 241-5500; APPLICATION FOR FINDING OF DUE DILIGENCE, APPLICATION FOR WATER STORAGE RIGHT, AND APPLICATION FOR SURFACE WATER RIGHT; I. APPLICATION FOR FINDING OF DUE DILIGENCE; Name of structure: Adams Pit No. 512 Pump Station; Original Decree: Decreed January 31, 1980, in Case No. W-3911, Water Division No. 5 for 1.0 c.f.s. absolute and 4.0 c.f.s. conditional for industrial and piscatorial purposes, and all 5.0 c.f.s. conditional for domestic irrigation uses, with an appropriation date of October 3, 1977. In Case No. 88 CW 003, District Court Water Division 5, State of Colorado, an additional 1.0 c.f.s. was made absolute for industrial purposes. In Case No. 94 CW 005, District Court Water Division 5, State of Colorado, conditional rights continued in full force and effect. In Case No. 00 CW 125, District Court Water Division 5, State of Colorado, an additional 1.0 c.f.s. was made absolute for industrial purposes, and the remaining conditional rights are the subject of this Application; Location: The point of diversion is located in the NE1/4NW1/4 of Section 16, Township 1 South, Range 1 West, Ute Meridian at a point whence the SE corner of said Section 16 bears South 32°00’ East 4700 feet; Source: Colorado River; Date of initiation of appropriation: October 3, 1977; Adjudication Date: January 31, 1980; Amount: 1.0 c.f.s. absolute and 4.0 c.f.s. conditional for piscatorial purposes; 3.0 c.f.s. absolute and 2.0 c.f.s. conditional for industrial

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purposes; and 5.0 c.f.s. conditional for domestic and irrigation uses; Use: Industrial purposes for evaporation and dust control and piscatorial; Detailed outline of what has been done toward completion: Whitewater Building Materials, predecessor in interest to Applicant, mined gravel from the pit and has expended approximately $150,000.00 since the last diligence filing for reclamation work including, shaping, re-vegetation, weed-spraying, weed control and other related reclamation work. Since Applicant purchased property from Whitewater Building Materials, Applicant has been working diligently with its attorney to take the necessary steps to develop and complete the water right; Name and Address of Owner of Land Upon Which Pump is Locate: Applicant; II. APPLICATION FOR FINDING OF DUE DILIGENCE; Name of Structure: Adams South Lake Well; Permit Information: Permit No. 35507-F was issued on August 23, 1989 for the Adams South Lake Well for evaporation and dust control purposes. The permit limits the well to an annual appropriation amount of 218 acre-feet. A statement of Beneficial Use for Permit No. 35507-F was submitted on October 18, 1991, and was accepted by the Division of Water Resources on April 22, 1992; Original Decree: By Decree dated January 29, 1990 in Civil Action No. 89 CW 192 (one of three), Water Division No. 5, the Water Court awarded a conditional water right for 218 acre feet of water, with an appropriation date of February 16, 1989 for industrial uses for evaporative loss and dust control. In Case No. 93 CW 286, District Court Water Division 5, State of Colorado, 59 A.F. of the subject water was made absolute. In Case No. 00 CW 126, District Court Water Division 5, State of Colorado, 72 A.F. of the subject water was made absolute and the remaining 78 A.F. is the subject of this Application; Location: The well is located in the SE1/4 of the NW 1/4 of Section 16, Township 1 South, Range 1 West Ute P.M. at a point 1800 feet from the North line and 2800 feet from the East line of said Section 16; Sources: Alluvium of the Colorado River; Appropriation Date: February 16, 1989; Adjudication Date: January 29, 1990; Amount: 218 A.F., of which 131 A.F. has been made absolute and the remaining 87 A.F. remains conditional; Use: Industrial purposes (evaporation and dust control); Maximum Depth: 10 feet; Detailed outline of what has been done toward completion: Whitewater Building Materials, predecessor in interest to Applicant, mined gravel from the pit and has expended approximately $150,000.00 since the last diligence filing for reclamation work including shaping, re-vegetation, weed-spraying, weed control and other related reclamation work. Since Applicant purchased the property from Whitewater Building Materials, Applicant has been working diligently with its attorney to take necessary steps to develop and complete the water right; Name and Address of Owner of Land Upon Which Well is Locate: Applicant; III. APPLICATION FOR WATER STORAGE RIGHT; Name of Structure: Adams South Lake Well; Location: The structure is located in the SE1/4 of the NW1/4 of Section 16, Township 1 South, Range 1 West Ute P.M. at a point 1800 feet from the North line and 2800 feet from the East line of said Section 16; Sources: Alluvium of the Colorado River; Appropriation Date: June 15, 2001; Date water applied to beneficial use: September 1, 2006; Amount: 131 A.F. absolute, 78 A.F. conditional; Use: Wildlife watering, piscatorial and recreational; Maximum height of dam: 10 feet; Length of dam in feet: n/a; Total capacity of reservoir: 131 A.F.; Active capacity: 0; Dead storage: 131 A.F.; Name and Address of Owner of Land Upon Which Structure is Locate: Applicant; IV. APPLICATION FOR SURFACE WATER RIGHT; Name of Structure: Window Lake Diversion; Location: The point of diversion is located at a point in the SE1/4, SE1/4, NW1/4, of Section 16, Township 1 South, Range 1 West of the Ute Prime Meridian, at a point 2900 feet from the East section line and 2700 feet from the South section line in Section 16; Source: Return flow from Redlands Canal, tributary to the Colorado River; Date of initiation: September 1, 2006; How appropriation was initiated: Inspection of the property and development of plan for diversion; Date water applied to beneficial use: n/a; Amount: 5.0 c.f.s. conditional; Use: Wildlife watering immediately adjacent to pond, piscatorial, recreation, filling and refilling Adams South Lake Well; Name and Address of Owner of Land Upon which Diversion is Located: Applicant. (6 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2007 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 14. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2007. 07CW34 EAGLE COUNTY - CONCERNING THE APPLICATION FOR WATER RIGHTS OF LAFARGE WEST, INC. IN EAGLE COUNTY-APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name and address of Applicant: Lafarge West, Inc., c/o Garfield & Hecht, P.C., 420 Seventh Street, Suite 100, Glenwood Springs, CO 81601. Name of structure: C-1 Well. Previous Decrees: Original decree: Entered June 12, 1990 in Consolidated Case Nos. 81CW94 and 81CW291, District Court, Water Division 5. On August 14, 1995 in Case No. 93CW209, Water Division 5, the Water Court decreed the C-1 Well absolute and unconditional in the amount of 0.13 c.f.s. for industrial use, and made a finding of reasonable diligence in the development of the remaining 0.43 c.f.s. of the conditional water right. Location: The C-1 Well is located 1,450 feet from the north section line and 1,900 feet from the east section line in the SW1/4 of the NE1/4 of Section 6, Township 5 South, Range 84 West of the 6th P.M., Eagle County. Source: Eagle River, Brush Creek (a tributary of Eagle Creek), and Neilson South Ditch. Date of appropriation: February 18, 1981. Date applied to beneficial use (for absolute portion): 1990. Amount: 0.56 c.f.s., total; 0.13 c.f.s., absolute, 0.43 c.f.s., conditional. Use: Industrial. Depth of well: 50 feet. The Application contains a detailed outline of what has been done toward

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completion of the appropriation of the subject water right and application of such water to beneficial use as conditionally decreed. The Applicant requests the Court to issue a decree finding reasonable diligence in the development of the conditional portion of the subject water right and continuing the conditional water right for another six years. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2007 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 15. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2007. 07CW35 Grand County; North Fork of the Colorado River. Edward and Callae Rounds, c/o Loyal E. Leavenworth, Esq., Leavenworth & Karp, P.C., P.O. Drawer 2030, Glenwood Springs, CO 81602. Application for Finding of Reasonable Diligence. Name of structure: Mountain Meadows Well No. 1. Date of original decree: December 21, 1987, in Case No. 87CW184, in the District Court in and for Water Division No. 5. Location: NE1/4 NE1/4 of Sec. 14, T. 3 N., R. 76 W., 6th PM, whence the NE Corner of said Sec. 14 bears North 68deg12' E a distance of 1077 feet. Source: Groundwater tributary to the North Fork of the Colorado River. Appropriation date: 6/9/1987. Amount: 15 GPM, conditional. Use: In-house domestic use. The application provides a detailed outline of what has been done towards the development of the conditional water right. (3 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2007 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 16. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2007. 07CW36 (99CW148) IN EAGLE COUNTY, COLORADO. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE. CONCERNING THE APPLICATION FOR WATER RIGHTS OF EDWARDS STATION, LLC, IN THE EAGLE RIVER OR ITS TRIBUTARIES. DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO, 109 Eighth Street, Suite 104,Glenwood Springs, CO 81601. 1. Name, Address and Telephone Number of Applicant: Edwards Station, LLC, c/o East West Partners, P.O. Drawer 2770, Avon, Colorado 81620, (970) 845-9200. Direct all pleadings to: Steven J. Bushong, Porzak Browning & Johnson LLP, 929 Pearl Street, Suite 300, Boulder, Colorado 80302. 2. Name of structures: A. Edwards Station Well No. 1; (Permit No. 44270). B. Edwards Station Well No. 2; (Permit No. 48069). 3. Description of conditional water rights: A. Decreed on February 8, 2001, in Case No. 99CW148, in District Court, Water Division 5. B. Legal Description of Structures: Edwards Station Well Nos. 1 and 2 are located at 0434 Edwards Access Road, Edwards, Colorado, as more particularly described below:i. Edwards Station Well No. 1. The well is located in the SW1/4 of the NW1/4 of Section 4, T. 5 S., R. 82 W. of the 6th P.M., approximately 1400 feet from the North section line and 100 feet from the West section line of said Section 4. ii. Edwards Station Well No. 2. The well is located in the SW1/4 of the NW1/4 of Section 4, T. 5 S., R. 82 W. of the 6th P.M., approximately 1600 feet from the North section line and 300 feet from the West section line of said Section 4. C. Source: The source of the Edwards Station Well Nos. 1 and 2 is groundwater tributary to lower Berry Creek (South of highway 70) and the Eagle River, tributary to the Colorado River. D. Appropriation: Edwards Station Well Nos. 1 and 2 have an appropriation date of February 1, 1998 for water rights decreed conditional in Case No. 99CW148. Water rights decreed absolute for Edwards Station Well Nos. 1 and 2 in Case No. 99CW148 have an appropriation date of October 16, 1977. E. Amount. 25 gpm absolute for each well up to a combined maximum diversion of 18.94 acre-feet per year, of which 11.25 acre-feet was decreed absolute and 7.69 acre-feet was decreed conditional. F. Beneficial Uses. Commercial, irrigation, car wash, domestic and all other beneficial uses associated with a service station and car wash. G. Remarks. The Edwards Station Well Nos. 1 and 2 are the subject of an augmentation plan and related exchanges decreed in Case No. 99CW148, and further the subject of additional water rights and Green Mountain Reservoir historic user pool protection, as confirmed in the decree in Case No. 99CW27, Water Division No. 5. 4. Claim to make additional portion of the conditional water right absolute. The total annual water pumped from the Edward Station Well Nos. 1 and 2 during November 2004 – October, 2005, as measured by meters and reported to the Colorado Division of Water Resources, was 18.63 acre-feet. Accordingly, Applicant claims 18.63 acre-feet of the above-described water rights absolute for Edwards Station Well Nos. 1 and 2. 5. Outline of work done to complete project and apply water to beneficial use with respect to any remaining portion of the conditional water rights not made absolute herein. During this diligence period, Applicant has been diligent in the continued use and development

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of its conditional water rights. Activities by Applicant during this time include completion of the phased development and approvals for the facilities to be served by the Edwards Station Well Nos. 1 and 2, including the gas station, car wash and other commercial buildings and landscaping served by the wells, and full operation of the water supply for the decreed beneficial uses. Applicant has also employed engineering consultants to help with its water supply accounting and has submitted annual records to the Division of Water Resources. 6. Name and Address of the Owners of Land on which the Structures Are Located and the Water Diverted and Placed to Beneficial Use. Applicant is the owner of the land on which the Edwards Station Well Nos. 1 and 2 are located and on which the water is diverted and placed to beneficial use. WHEREFORE, Applicant requests that this Court enter a decree that includes (A) a finding that Applicant has made a portion of the conditional water right decreed to the Edwards Station Wells No. 1 and 2 absolute; (B) a finding that for any portion of said water rights not made absolute, Applicant has exercised reasonable diligence in the development of the conditional water rights so that the conditional status of the rights is continued; and (C) such other and further relief as this Court deems just and proper. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2007 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 17. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2007. 07CW37 Eagle County, Squaw Creek, Eagle River. Application for Findings of Reasonable Diligence. Colorow at Squaw Creek Homeowners Association c/o Mark E. Hamilton, Esq., CALOIA, HOUPT & HAMILTON, P.C., 1204 Grand Ave, Glenwood Springs, CO 81601, 970-945-6067, mham@chhpc.com. FIRST CLAIM: Name: Shapiro Reservoir No. 1. Original decree: 06/11/80, 79CW260. Approp. date: 9/26/1979. Location: the intersection of dam’s centerline and existing channel of Squaw Creek is located at a point whence S ¼ corner of Sec 13, T 5 S, R 83 W, 6th PM. Bears S 37º00’E 3,050 ft., Eagle County. Source: Squaw Creek, trib. to Eagle River. Amount: 6.94 acre-feet, conditional. Decreed uses: domestic, commercial, irrigation, livestock water, recreation and piscatorial. SECOND CLAIM: Name: Shapiro Pump and Pipeline. Original decree: 06/11/1980, 79CW338. Approp. date: 12/05/1979 , Location: the point of diversion on Squaw Creek is located at a point whence the S ¼ corner of Sec 13, T 5 S, R 83 W, 6th PM. Bears S 37º00’ E, 2,875 ft., Eagle County. Source: Squaw Creek, trib. to Eagle River. Amount: 0.50 c.f.s., conditional. Decreed uses: domestic, commercial, irrigation, livestock water, recreational and piscatorial. A detailed outline of activity during the diligence period is included in the application. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2007 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 18. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2007. 07CW38 Mesa County, Colorado River. Application for Change of Water Right. Bluestone Water Conservancy District, c/o Mark E. Hamilton, Esq., CALOIA, HOUPT & HAMILTON, P.C., 1204 Grand Ave, Glenwood Springs, CO, 81601, 970-945-6067, mham@chhpc.com. Name: Kobe Canal. Original decree: 11/10/70, C.A. 6404. Locations: the orig. point of diversion is on the right bank of the Colo. River at a point which bears N 53º13’51” W 5,798.90 ft from N ¼ corner of Sec 35, T 8 S, R 97 W, 6th PM; Alt. Pt. No. 1 (84CW348) is on the right bank of the Colo. River at a point whence the N ¼ corner of Sec 33, T 8 S, R 97 W, 6th PM, bears N 19º38’25” W, 1,627.54 ft.; Alt. Pt. No. 2 (87CW127) is at a point beginning at the W ¼ corner of Sec 27, T 8 S, R 97 W, 6th PM, whence the NW corner of Sec 27 bears N 00º11’45” W, thence N 80º45’40” E, 1,564.36 ft to the point of diversion. Source: Colorado River. Approp. date: 6/30/36. Amount: 50.0 c.f.s. Decreed uses: irrigation, municipal, industrial, stock water, and all other beneficial and useful purposes. Remarks: Applicant owns 48.3 c.f.s. of the 50 c.f.s. originally decreed to the Kobe Canal, which amount is decreed for diversion at either the original point of diversion or Alt. Pt. No. 1 (the other 1.7 c.f.s. is owned by the Town of DeBeque and is also approved for use at Alt. Point No. 2). Proposed change: Applicant has entered into an intergovernmental agreement with the Town of DeBeque whereby the Town has agreed to allow Bluestone to divert and use up to another 3.5 c.f.s. of the subject water right through the Town’s diversion works and pipeline (Alt. Pt. No. 2). Bluestone therefore requests approval to divert and use up to another 3.5 c.f.s. of the Kobe Canal water right at Alt. Pt. No. 2 (the Town’s municipal intakes). (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2007 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should

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be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 19. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2007. 07CW39 EAGLE COUNTY, LAKE CREEK. Palmerosa Development, LLC c/o James Comerford, P.O. Box 2342, Edwards, Colorado 81632. Attorneys: David S. Hayes, Scott Steinbrecher, 730 17th Street, Suite 820, Denver, Colorado 80202, (303) 825-1980. APPLICATION FOR WATER RIGHTS, CHANGE OF WATER RIGHTS, AND APPROVAL OF PLAN FOR AUGMENTATION 2. Introduction. Applicant owns the Palmerosa Ranch property, consisting of approximately 44 acres in the NE¼ of Section 7, Township 5 South, Range 82 West, 6th P.M., Eagle County, Colorado, as depicted on the attached Exhibit 1. This application seeks to adjudicate water rights, a change of water rights, and a plan for augmentation to allow for the use of three wells to supply the domestic water requirements for a low density residential development on the Palmerosa Ranch property, previously approved by the Eagle County Board of County Commissioners. Claim for Ground Water Rights. 3. Names of structures: Palmerosa Well Nos. 1, 2 and 3. 4. Legal description of points of diversion:

Feet from section lines Name of structure Township 6th P.M.

Range Section 1/4 1/4

North/South East/West

Well No. 1 5 S 82 W 7 SW NE 1579’ N 1402’ E

Well No. 2 5 S 82W 7 SW NE 1795’ N 1226’ E

Well No. 3 5 S 82 W 7 SW NE 2020’ N 1395’ E 5. Source: Ground water tributary to Lake Creek. 6. A. Date of initiation of appropriation and well permit number:

Name of structure Appropriation date Well permit number

Well No. 1 5/27/1980 269318

Well No. 2 2/28/2007 N/A

Well No. 3 2/28/2007 N/A B. How appropriation was initiated: By concurrence of intent to appropriate and overt acts in furtherance of such intent, including, for example, permitting and construction of the well, diversion and use of water from the well, and/or the filing of this application. 7. Amount claimed:

Name of structure Amount (g.p.m.) Conditional or absolute

Well No. 1 15

35

Absolute

Conditional

Well No. 2 50 Conditional

Well No. 3 50 Conditional 8. Use: Domestic (including outside hot tub use), fire protection. 9. Owner of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant. 10. Remarks: Prior to the use of any of Palmerosa Well Nos. 1, 2 and 3 for uses that are not authorized by their existing well permit, if any, Applicant will apply for well permits, which shall be issued for uses consistent with any decree to be entered in this case. Claim for Change of Water Rights. 11. Decreed name of structure for which change is sought: J.M. Dodd Ditch. Specifically, the Applicant owns a 0.80 c.f.s. interest in the J.M. Dodd Ditch, Priority 82A, and a 0.75 c.f.s. interest in the J.M. Dodd Ditch, Priority 114. 12. From previous Decrees: A. Date(s) entered: December 17, 1889 (Priority 82A), Case No. CA294; and June 29, 1894 (Priority 114), Case No. CA294. B. Decreed point of diversion: The headgate of the J.M. Dodd Ditch is located on the east bank of Lake Creek in the SW¼ of the SE¼ of Section 7, Township 5 South,

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Range 82 West, 6th P.M., Eagle County, Colorado. C. Source: Lake Creek. D. Appropriation date(s): June 15, 1886 (Priority 82A), May 1, 1892 (Priority 114). E. Decreed Amount(s) and use: 3.2 c.f.s. (Priority 82A), 3.0 c.f.s. (Priority 114); both for irrigation use. F. Historic use: Applicant’s interest in the J.M. Dodd Ditch has historically been used to irrigate approximately 20 acres of land in the NE¼ of Section 7, Township 5 South, Range 82 West, 6th P.M., Eagle County, Colorado. See aerial photographs and diversion records, attached as Exhibits 1 and 2 respectively. 13. Proposed changes: Applicant requests the Court’s approval of the following changes for its interests in the J.M. Dodd Ditch: A. Type of use. Applicant seeks to add alternate uses of the Applicant’s interest in the J.M. Dodd Ditch for augmentation, domestic, recreation, piscatorial, aesthetic and fire protection purposes. Such alternate uses shall be in addition to the original decreed use for irrigation. B. Alternate point of diversion. Applicant seeks to add an alternate point of diversion of Applicant’s interest in the J.M. Dodd Ditch at the Palmer Ditch headgate, located on the east bank of Lake Creek in the SW ¼ NE ¼ of Section 7, Township 5 South, Range 82 West, 6th P.M., Eagle County, Colorado, at a point 2,120 feet from the North line and 1,440 feet from the East line of said Section 7. Such alternate point of diversion shall be in addition to the originally decreed point of diversion. C. Manner of use. Applicant seeks to add an alternate manner of use of the Applicant’s interest in the J.M. Dodd Ditch to include storage in the following ponds, previously adjudicated in Case No. 96CW359, District Court, Water Division No. 5, or such additional, off-channel ponds that may be subsequently constructed on Applicant’s Palmerosa Ranch property: i. Lisa Pond: The outlet is of the Lisa Pond is located in the SE ¼, NE ¼ of Section 7, Township 5 South, Range 82 West, 6th P.M., at a point 1,770 feet from the North line and 1,250 feet from the East line of said Section 7. ii. Betty Pond: The outlet of the Betty Pond is located in the SE ¼, NE ¼ of Section 7, Township 5 South, Range 82 West, 6th P.M., at a point 1,640 feet from the North line and 1,155 feet from the East line of said Section 7. iii. Jean Pond: The outlet of the Jean Pond is located in the SE ¼, NE ¼ of Section 7, Township 5 South, Range 82 West, 6th P.M., at a point 1,535 feet from the North line and 1,075 feet from the East line of said Section 7. Such alternate manner of use shall be in addition to the originally decreed direct flow use. Applicant shall divert its interest in J.M. Dodd Ditch water right, as changed, during the historical irrigation season and when in priority. In operating pursuant to the requested change, Applicant shall remove from irrigation a portion of the land historically irrigated by Applicant’s interest in the J.M. Dodd Ditch, as necessary for use in the augmentation plan described below. The remaining portion of Applicant’s interest in the J.M. Dodd Ditch shall continue to be used for the originally decreed irrigation use. Applicant’s historic use of water in the terraced flood plains of the Lake Creek alluvium resulted in river depletions occurring during the same month as diversions, with no winter return flows. Applicant will maintain the historic return flows, attributable to the portion of Applicant’s interest in the J.M. Dodd ditch operated pursuant to the requested change, as needed to meet a valid call by water rights with a priority senior to February 28, 2007. Return flows will be provided either by measuring and returning to Lake Creek a corresponding portion of the ditch diversions or by releasing water from storage in Lisa Pond, Betty Pond, or Jean Pond. 14. Owner of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: The headgate of the Palmer Ditch is located on land owned by L.D. Chipman and Susan J. Miller, P.O. Box 5500, Avon, Colorado 81620. The Lisa, Betty and Jean Ponds are located on the Applicant’s property. Claim for Approval of Plan for Augmentation. 15. Structures to be augmented: The Palmerosa Well Nos. 1, 2 & 3, as more fully described in Section A, above (the “Augmented Wells”). 16. Water rights to be used for augmentation: Applicant’s interest in the J.M Dodd Ditch, as more fully described in Section B, above, and as changed by this application. 17. Statement of plan for augmentation: Applicant seeks approval of this plan for augmentation to replace out-of-priority depletions associated with year-round diversions of water by the Augmented Wells. Annual diversions associated with the Augmented Wells are estimated to be 1.18 acre-feet. The three homes served by the Augmented Wells will utilize non-evaporative septic systems, resulting in the consumptive use of approximately 10% of water diverted. Accordingly, Applicant estimates that total annual depletions will be 0.12 acre-feet. Applicant reserves the right to amend the foregoing estimates without amending this application or republishing the same. These cumulative annual depletions are tributary to Lake Creek, tributary to the Eagle River. The net out-of-priority stream depletions attributable to the Augmented Wells will be replaced with consumptive use credits available from the Applicant’s interest in the J.M. Dodd Ditch. Applicant will permanently remove from irrigation a portion of the land historically irrigated by the J.M. Dodd Ditch, in an amount sufficient to offset the annual net out-of-priority depletions under this plan for augmentation. Consumptive use credits available in priority will be measured and released to Lake Creek in an amount sufficient to offset the contemporaneous monthly net out-of-priority depletions. Consumptive use credits available in priority that are not needed for immediate use may be stored directly in the Lisa, Betty, Jean, and/or other ponds on the Palmerosa Ranch property. Water stored in the Lisa, Jean, Betty and/or other ponds will be released as necessary to replace any out-of-priority depletions in excess of contemporaneous consumptive use credits. Augmentation will be necessary only when a valid downstream senior call exists, and only to the extent of depletions to the calling water rights. Applicant will install measuring devices and will devise accounting forms to record all diversions, depletions, and replacements made pursuant to this plan for augmentation as required by the Division Engineer. Actual demands and depletions will be based on data included in accounting forms prepared by Applicant for the administration of this plan. This plan for augmentation and exchange will allow the operation of the Augmented Wells under the terms and conditions described herein in a manner that will prevent injury to vested water rights and decreed conditional water rights. The water to be provided for augmentation is of a quality and quantity so as to meet the requirements for which the water has been used by senior downstream appropriators, and therefore meets the requirements of § 37-92-305(5), C.R.S. (9 pages)

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YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2007 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 20. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2007. 07CW40 MESA COUNTY - TRIBUTARY TO THE COLORADO RIVER. United States Bureau of Reclamation, Western Colorado Area Office, 2674 Compass Drive, Suite 106, Grand Junction, Colorado 81506. Telephone: (970) 248-0600. c/o James J. DuBois, U.S. Department of Justice Environment and Natural Resources Division, 1961 Stout Street, 8th Floor, Denver, CO 80294. (303) 844-1375. Application for Finding of Reasonable Diligence and to Make Water Right Absolute. 2. Name of structures: Wanda’s Wash Pump & Wanda’s Wash Ditch. 3. Describe conditional water right (as to each structure) giving the following from the Referee’s Ruling and Judgement and Decree: A. Date of Original Decree: May 11, 1993, Case No. 92CW301. Finding of Reasonable Diligence: February 28, 2001, Case No. 99CW93. Court: District Court, Water Division No. 5, State of Colorado. B. Location: Township 1 South, Range 1 East, Ute Meridian, Section 21: NE¼ SE¼, Mesa County, Colorado. C. Source: The source of the water for both structures is Wanda’s Wash, tributary to the Colorado River. D. Appropriation Date: The date of initiation of appropriation is March 15, 1992. Amount: The amount of water claimed absolute is the United States one-fourth interest of 6.0 cfs or 1.5 cfs. E. Use: The use of the water is irrigation, mining, industrial, piscatorial and stock watering. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: The between 1997 and December 31, 1998, the United States constructed diversion and conveyance structures to facilitate the use of water from Wanda’s Wash Ditch to irrigate approximately 30 acres owned by the United States. The United States owns a one-quarter interest in the Wanda’s Wash Pump & Wanda’s Wash Ditch water rights. Starting in 1998 and every year since, water has been diverted using the Wanda Wash Ditch to irrigate approximately 30 acres of the Orchard Mesa Wildlife Area (OMWA). Diversions under the Wanda’s Wash Pump & Wanda’s Wash Ditch water rights at the OMWA have occurred during the irrigation season, early April through mid October. During the 2000-2006 diligence period, the United States has expended approximately $19,000 in operation and maintenance costs on the Wanda’s Wash Pump & Wanda’s Wash Ditch water rights at the OMWA. In August 2006 a staff gage was installed on the divider weir to measure diversions to the OMWA. A rating for the weir was established using a sonic meter to measure the flow in a pipe immediately downstream of the weir. The applicants have diverted water, and placed it to use for irrigation of approximately 30 acres. The water commissioner’s records indicate that the maximum recorded rate of diversion was 2.82 c.f.s. on September 18, 2006. Therefore, the United States has diverted and applied to beneficial use its entire one-quarter interest in the water right, and seeks to make absolute its 1.5 c.f.s. of the Wanda’s Wash Pump & Wanda’s Wash Ditch water rights. The amount made absolute herein is in addition to the 0.62 c.f.s. for irrigation and 1.0 c.f.s. for mining purposes claimed as absolute in the Application of co-owner A&G Partnership Case No. 05CW261. A portion of the Wanda’s Wash Pump & Wanda’s Wash Ditch water rights owned by A & G Partnership remains conditional, and is sought to be continued as a conditional water right in Case No. 05CW261. 5. Remarks: The United States owns a one-quarter interest in the water right at issue in this matter. Pursuant to the Application in Case No. 05CW261, A&G Partnership claims ownership of the remaining three-quarters interest in the water right. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2007 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 21. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2007. 04CW231 PITKIN COUNTY. ROARING FORK RIVER. Stage Road Homeowners Association, c/o Patick, Miller & Kropf, P.C., Ramsey L. Kropf, Esq. and Madoline E.S. Wallace, Esq., 730 E. Durant Ave., Suite 200, Aspen, CO 81611, (970) 920-1028. SECOND AMENDED APPLICATION FOR STORAGE WATER RIGHTS. Purpose of Amendment: The amendment’s purpose is to reflect Bar Slash X Fathering Pond No. 1’s final pond design location in a final decree. Specifically, five smaller ponds are planned rather than one large pond, and the ponds will located be more than 200 feet from the originally claimed point of storage. Consequently, Applicant seeks to amend the storage pond location and specifications to reflect the final design. Storage Location. Bar

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Slash X Fathering Pond No. 1 shall be located at the following five locations in Section 2, Township 10 South, Range 85 West of the 6 P.M. A map depicting the storage location is attached hereto as Exhibit “A.”

1/4, 1/4 Section Structure Section

40 160

Distance from Section Lines

Bar Slash X Ranch Fathering Pond No. 1 A 2 SE NW W 1675' N 2565' Bar Slash X Ranch Fathering Pond No. 1 B 2 NE SW W 1675’ S 1940’ Bar Slash X Ranch Fathering Pond No. 1 C 2 SE SW W 2410’ S 554’ Bar Slash X Ranch Fathering Pond No. 1 D 2 SE NW W 2455’ N 1944’ Bar Slash X Ranch Fathering Pond No. 1 E 2 NW SE E 2548’ S 2258’

Specifications For Pond. Bar Slash X Fathering Pond No. 1 does not exceed the cumulative acre-feet capacity or surface area claimed in the original Application. The five ponds shall have the following specifications.

Amount Claimed (acre-feet)

Structure

Active Capacity

Dead Storage

Surface Area at High Water Line (acres)

Maximum Dam Height (feet)

Dam Length (feet)

Bar Slash X Ranch Fathering Pond No. 1 A 4.89 0.20 0.63 < 9.5 400 Bar Slash X Ranch Fathering Pond No. 1 B 0.96 0.12 0.31 4.7 250 Bar Slash X Ranch Fathering Pond No. 1 C 0.32 0.0 0.13 5.5 280 Bar Slash X Ranch Fathering Pond No. 1 D 0.25 0.0 0.11 1.0 135 Bar Slash X Ranch Fathering Pond No. 1 E 0.30 0.0 0.10 5.0 200 Totals 6.72 0.32 1.28

Place of Use. Bar Slash X Fathering Parcel Pond No. 1A is located on and water use will occur on land owned by TS Bar X, LLC, c/o Garfield & Hecht, 601 Hyman Ave., Aspen, CO 81611. Bar Slash X Fathering Parcel Pond No. 1B-1E are located on and water will be used on land owned by Applicant. The water rights continue to be owned and operated by the Applicant. Remarks or any other pertinent information: All other information in the original Application remains unchanged. Evaporation from Bar Slash X Fathering Pond No. 1, as amended herein, will continue to be augmented pursuant to the augmentation plan in Case No. 04CW232, District Court, Water Division No. 5, pending. Bar Slash X Fathering Pond No. 1’s total surface acreage and volume have not changed from the original application. Thus, no amendment to the augmentation plan is necessary. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2007 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 22. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2007. 05CW144 Garfield, Grand and Pitkin Counties. Sources: Four Mile Creek and the Roaring Fork River. Applicant: Reserve at Elk Meadows, LLC’s First Amended Application for Underground Water Right, Surface Water Right and Approval of Plan for Augmentation Including Exchange amending its Application filed 7/29/2005 as described herein, in all other aspects the Application remains unchanged. The caption is amended to include Grand and Pitkin Counties. Paragraph 2.B. is amended to identify the source of the Reserve at Elk Meadows Well Field as groundwater tributary to Four Mile Creek. The Application is amended to include an additional surface water right as follows: Structure: Reserve at Elk Meadows River Diversion. Legal description of point of diversion: located in the SE1/4, NE1/4 of Sec. 34, T6S, R89W, 6PM at a point 1,727 ft. from north section line, 524 ft. from east section line of Sec. 34. Approp. 2/28/2007 by formation of intent to appropriate water for application to beneficial use and field investigation. Amt. 2.0 c.f.s., cond. for supplemental Irr. of 80 acres, augmentation and fire protection. Names and addresses of owners of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Frank Harper, Prehm Ranch, Lot 6 and Applicant. Para. 5 of the Application “Statement of Plan for Augmentation and Exchange” is hereby amended to provide that the Reserve at Elk Meadows River Diversion will be operated to provide replacement water to satisfy senior water rights on Four Mile Creek when the Reserve at Elk Meadows Well Field is out-of-priority. The Reserve at Elk Meadows River Diversion will either divert water from the Roaring Fork River in priority, as described above, or may divert water released from Ruedi Reservoir pursuant to a contract with the Colorado River Water Conservation District or Ruedi

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Reservoir Water Allotment Contract directly with the Bureau of Reclamation, during periods of call when the Reserve at Elk Meadows River Diversion 2007 appropriation would be out-of-priority (5 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2007 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 23. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2007. 05CW252 GARFIELD COUNTY. COLORADO RIVER. SWD, LLC, c/o Patrick, Miller & Kropf, P.C., Ramsey L. Kropf, Esq. and Madoline E.S. Wallace, Esq., 730 E. Durant Ave. Suite 200, Aspen, CO 81611, (970) 920-1028. FIRST AMENDED APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE AND AN ALTERNATE DIVERSION POINT. Information from Previous Decree: Name of water right: Stillwater Ranch Wellfield No. 1. Original decree for the wellfields: Case No. 95CW328, District Court, Water Division No. 5, entered on December 3, 1999. Description of conditional water right: Legal description of wellfield: A wellfield located in the NW¼SW¼, Section 10, Township 6 South, Range 92 West, 6th P.M., being more particularly described as follows: Beginning at a point from whence the Southwest corner of Section 10 bears South 00°741” East a distance of 1,854.0 feet; thence North 00°7’41” West for a distance of 192.35 feet; thence South 81°9’50” East for a distance of 563.90 feet; thence South 62°29’52” East for a distance of 555.79 feet; thence South 06°30’00” East for a distance of 229.19 feet; thence North 62°29’52” West for a distance of 652.73 feet; thence North 81°09’50” West for a distance of 502.70 feet to the point of beginning. Parcel contains 4.96 acres, more or less. Source of well field: Colorado River Alluvium. Date of appropriation for all wells within wellfield: August 28, 1995. Uses: Domestic, municipal, commercial, industrial, irrigation, fire protection and placement of water into storage within the ponds decreed in Case No. 95CW326, District Court, Water Division No. 5. Legal description and acreage of land to be irrigated: Stillwater Ranch Proposed Planned Unit Development, including portions of 1,400 acres within Sections 9, 10, 11, 12, 13, 14, 15 and 16 of Township 6 South, Range 92 West of the 6th P.M. all in Garfield County and the property controlled by Applicant outside of the Stillwater Ranch P.U.D. and as generally described in Exhibit A. Proposed Change: The Applicant seeks to make the following diversion point an alternate diversion point for Stillwater Ranch Wellfield No. 1: Silt Pipeline and Silt Pipeline, 1st Enlargement located in the SE ¼ NE ¼ of Section 9, Township 6 South, Range 92West of the 6th P.M. at a point which the Northeast Corner of said Section 9 bears North 35o41’37’’ East a distance of 2620.27 feet and the Southeast Corner of said Section 9 bears S26o21’28’’ East a distance of 3583.70 feet in Garfield County, Colorado. A map depicting the diversion points for the Stillwater Ranch Wellfield No. 1, Silt Pipeline and Silt Pipeline, 1st Enlargement is attached hereto as Exhibit D. The Town of Silt, P.O. Box 70, Silt, CO 81652, is the owner of the land upon which the alternate diversion point is located. Remarks: Applicant seeks this alternate diversion point to facilitate water treatment for Stillwater PUD. The alternate diversion point at Silt Pipeline and Silt Pipeline, 1st Enlargement will provide water for the same uses decreed for Stillwater Ranch Wellfield No. 1. Stillwater Ranch Wellfield No. 1 water right diversions at the alternate diversion point will continue to be augmented pursuant to the decree in Case No. 98CW131, District Court, Water Division No. 5, which also decreed Stillwater Ranch Wellfield No. 1 as an alternate diversion point for Stillwater Wellfield No. 2, Valley Farms Pump and Pipeline and the Rising Sun Pump and Pipeline. Consistent with the augmentation plan, the cumulative diversion rate for Stillwater Wellfield No. 1, Stillwater Wellfield No. 2 and the claimed alternate diversion point will be limited to a total of 1218 g.p.m. (2.71 c.f.s.) and 1432 acre-feet per year. (14 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2007 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 24. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2007. 06CW95 Summit, Grand & Eagle Counties; Lake Creek, tributary to the Eagle River. Cattlemen’s Club Water Association, Inc. c/o Olszewski, Massih & Maurer, P.C., P.O. Box 916, Glenwood Springs, CO 81602. First Amended Application for Storage Rights, Surface Rights, Change of Water Rights and Plan for Augmentation, Including Exchange. Please direct all correspondence, motions and pleadings to the attorneys for the Applicant. The Cattlemen’s Club is a low density residential development that is located adjacent to Lake Creek, near Edwards, Colorado. The 188 acre development will use non-potable water supplies for irrigation and for the maintenance of three on-site ponds. Three ponds (Cattlemen’s Ponds Nos. 1 through 3) will be constructed on the property. The

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ponds will be filled from the Moses Ditch and/or Lake Creek, and will be used for irrigation, piscatorial and recreational purposes. The total surface area of the three ponds will not exceed 1.10 acres. New junior water rights will be required for each pond and for new junior water rights that divert from Lake Creek. A plan for augmentation will augment evaporative depletions from the ponds. The original application claimed three storage water rights, two surface water rights, a change of water rights and plan for augmentation, including exchange. This First Amendment simply adds Ruedi Reservoir as a source for augmentation. Ruedi Reservoir is described as follows: Source: Frying Pan River, tributary to Colorado River. Legal Description: On-channel reservoir located in Sections 7, 8, 9, 11, and 14 through 18, Township 8 South, Range 84 West, 6th P.M. Adjudication date: July 20, 1958. Appropriation date: July 29, 1957. Case No.: C.A. 4613. Court: Garfield County District Court. Decreed Amount: 102,369 acre feet. Uses: Generation of electric energy, domestic, municipal, piscatorial, industrial, irrigation and stock watering. Remarks: Any use of Ruedi Reservoir shall be pursuant to Applicant having in force a water allotment contract from the Colorado River Water Conservation District. The remainder of the original application remains the same. (15 pages). YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2007 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 25. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2007. 06CW256 Mesa County, Colorado, Plateau Creek Tributary to the Colorado River, Water Division No. 5 1. Leland R. and Vicki A. Clifton, 60143 Highway 330E, Collbran, Colorado 81624, telephone number (970) 487-3313. 2.Frederick G. Aldrich, Frederick G. Aldrich LLC, 601A 28 1/4 Road, Grand Junction, Colorado 81506, telephone number (970) 245-7950. 3. White Elephant Ditch. 4. Applicants seek to establish an alternate point of diversion for the White Elephant Ditch. 5. Plateau Creek, tributary to the Colorado River. 6. Location of the point of diversion for the White Elephant Ditch is a point on the South bank of Plateau Creek whence the Southwest corner of Section 30, Township 9 South, Range 94 West of the 6th P.M. bears South 16°50’ West 2605 feet. 7. Irrigation. 8. D (ditch). 9..39 cfs. 10. Applicants are requesting an alternate point of diversion for the White Elephant Ditch approximately ¼ mile upstream of Plateau Creek on the north bank at a point whence the Northeast Corner of Section 30, Township 9 South, Range 94 West of the 6th P.M. bears North 62°41’ East 4217 feet, and to pipe the same across Plateau Creek to irrigate the same acreage historically irrigated from the initial point of diversion. (2 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2007 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601 26. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2007. 07CW15 GARFIELD COUNTY–TRIBUTARY TO FOUR MILE CREEK, TRIBUTARY TO THE ROARING FORK RIVER. Ernest R. Sandker, by and through his Attorney in Fact and Special Conservator, Michael Jean Halgrimson; c/o Michael Jean Halgrimson, Special Conservator, 245 S. Glencoe Street, Denver, CO 80246; (303) 355-2159 (with copies of pleadings to Law Office of Thomas Young, P.C., 4105 E. Florida Ave., No. 300, Denver, CO 80222). Scatena Springs–Application to Make Absolute. Location: NE 1/4 of NW1/4 of SW1/4 Sec. 3, T.7S, R.89W of the 6th P.M. 2600 ft. from the North sec. Line and 1351 ft. from the West sec. Line. Appropriation: July 22, 1974. Amount: 0.33 cfs, conditional. Use: irrigation, livestock water and fire protection. (2 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2007 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601

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27. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2007. 07CW16 (CA 466) EAGLE COUNTY-DEEP CREEK. Coyote River Ranch c/o Karl Berger; P.O. Box 88; Wolcott, CO 81655 (970)376-2253. Yost Ditch-Application for Change of Water Right. Decreed point of diversion: Deep Creek through the Yost Ditch. Sec. 30, T.45, R.86W. flows Southeast .6 miles, flumed across the Colorado River .4 miles to property. Historic Use: 2.0 cfs. of Yost Ditch, with Appropriation Date of July 10, 1900. Used for irrigation purposes for 27 acres of alfalfa and grass. Proposed change: Alternate Point of Diversion located on east bank of the Colorado River at SE¼ of SW¼, Sec. 32., T. 4S, R.86W. of 6th P.M. 300 ft. from the south sec. line and 2,300 ft. from the west sec. line. (9 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2007 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $70.00) KATHY HALL, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601