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New Water Court Rule Revisions go into Effect On July 1, 2009 Available at http://www.courts.state.co.us/Courts/Water/Index.cfm Mandatory E-Filing Required for all Water Case Documents filed by Attorneys Is Effective in all Water Divisions July 1, 2009, Including for All Existing Cases. Pro Se Parties Parties need file only one paper copy of each application and document with the Water Court Clerk under Rule 2 of the Revised Water Court Rules. Reference, Bill Number: HB 09-1185, Water Rights Applications Documents and Rule 2 of the Revised Water Court Rules available at http://www.courts.state.co.us/Courts/Water/Index.cfm

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DISTRICT COURT, WATER DIVISION 1, COLORADO MAY 2009 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of MAY 2009 for each County affected. 09CW55, Henry Braly, 1715 Ironhorse Drive, #240, Longmont, Colorado 80501, 303-772-8348. (Jeffrey J. Kahn, Esq. and Madoline Wallace-Gross, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978, 303-776-9900). APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN BOULDER COUNTY 2. Name of structure: Frontier-Lyons Reservoir. 3. Previous decrees: The original decree was entered in Case No. 79CW300, District Court, Water Division No. 1, on March 31, 1981 (with a clerical error corrected on October 1, 1984). The last diligence decree was entered in Case No. 01CW171 on June 9, 2003. 4. Decreed location: NW1/4 SW1/4 and parts of the NW1/4 SE1/4 and NE1/4 SW1/4 of Section 21, and parts of the NE1/4 SE1/4 Section 20, Township 3 North, Range 70 West, 6th P.M., Boulder County. The high water line of said reservoir is described as follows: Beginning at a point whence the SW corner of Section 21, Township 3 North, Range 70 West, 6th P.M., bears South 58°55' West 2,800 feet; thence South 89°10' West 3,250 feet; thence North 01°47' West 1,060 feet; thence North 80°30' East 900 feet; thence South 85°20' East 2,335 feet; thence South 52°10' East 190 feet; thence South 05°30' West 858 feet to the point of beginning, containing 82.8 acres, more or less. (Basis of bearings: the South line of Section 21 as being North 90°0' East). 5. Source: Surface water tributary to St. Vrain Creek. 6. Appropriation Date: June 13, 1979. 7. Amount: 200 acre-feet, conditional. The original claim was for 1700 acre-feet, and Applicant abandoned 1500 acre-feet in Case No. 01CW171. 8. Decreed Uses: Agricultural, including leasing to others for irrigation use; industrial, including use in mining, washing and processing sand and gravel; and recreational, including boating, fishing and fish propagation. 9. Work done toward completion of the appropriation during previous diligence periods: The Frontier-Lyons Reservoir will result from sand and gravel mining, which has not yet begun. Applicant’s predecessor-in-interest obtained approval of a mining and reclamation plan from the Colorado Mined Land Reclamation Board in 2000, approval of a special use permit from Boulder County in 1998 and signed a mining lease with Western Mobile, now LaFarge Corporation, in 1998. Once mining commences, it will take many years to complete the Reservoir so that Applicant can store this water right. 10. Work done toward completion of the appropriation during the subject diligence period: During the subject diligence period, Applicant and Applicant’s predecessor-in-interest spent approximately $27,000 to conduct the following activities in furtherance of this conditional water right: 10.1 Acquired this conditional water right from Frontier Materials, Inc.; 10.2 Conducted a due diligence review of, and acquired an interest in, the Smead Ditch, which Applicant intends to use to fill the Frontier-Lyons Reservoir; 10.3 Pursued an application in Case No. 05CW325, District Court, Water Division No. 1, to obtain a supplemental water supply for Frontier-Lyons Reservoir using the Zweck & Turner Ditch and the Denio & Taylor Mill Ditch water rights; and 10.4 Participated in water court cases, including Case No. 01CW188, District Court, Water Division No. 1, to protect the Frontier-Lyons Reservoir water right. 11. If a claim to make absolute, water applied to beneficial use: N/A. 12. Owner of land upon which the reservoir is located: Applicant. WHEREFORE, Applicant respectfully requests the Court enter a decree finding that Applicant is entitled to the finding of reasonable diligence described herein. 09CW56 Amarante and Carmen Gallegos, 3213 East Dogwood Ave., Parker, CO 80134 (303) 840- 7183. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER

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BASIN AQUIFERS UNDERLYING APPLICANT’S PROPERTY IN DOUGLAS COUNTY. Applicant owns a two-acre tract in the SE 1/4, NW 1/4 of Section 7, Township 6 South, Range 66 West of the 6th P.M., known as Lot 10, Block 8 of Grandview Estates Subdivision, 3213 East Dogwood Ave., Parker, CO 80134. Applicant seeks to adjudicate the well (Permit No. 169502) on the property, and rights to the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying applicant’s property.  09CW57 1. Applicant: Ellen Nelson, 922 Ingleside Rd., Laporte, CO 80535, (970) 495-9971, (970) 288-6425 (work). APPLICATION FOR FINDING OF DILIGENCE FOR WATER AND STORAGE RIGHTS IN LARIMER COUNTY. Future correspondence and pleadings to: Sara J.L. Irby, Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Rd., Fort Collins, CO 80525, (970) 407-9000. 2. Structures: (a) Kyle Spring; (b) Upper Kyle Pond; (c) Lower Kyle Pond. 3. Date of Original Decree: May 20, 2003, Case No. 2002CW29, District Court, Water Division One, Weld County, CO. 4. Describe the water rights: (a) Surface Water Right: (i) Source: The source of the water is an unnamed spring, referred to herein as the Kyle Spring, on the Applicant’s property that runs nearly due east through the S1/2 of the NW1/4 of Sec. 24, T9N, R70W of the 6th P.M. (ii) Points of Diversion: Applicant may withdraw water from Kyle Spring at two points of diversion, when in priority. The first point of diversion is from a point on an unnamed stock pond on the Applicant’s property, referred to herein as the “Upper Kyle Pond.” The Upper Kyle Pond is located on the Kyle Spring in the SW1/4 of the NW1/4 of Sec. 24, T9N, R70W of the 6th P.M., at a point approximately 2,200 feet from the North section line and 425 feet from the West section line of said Sec. 24. The second point of diversion is a second unnamed stock pond on the Applicant’s property (further east of the Upper Kyle Pond) and is referred to herein as the “Lower Kyle Pond.” The Lower Kyle Pond is located on the Kyle Spring in the SW1/4 of the NW1/4 of Sec. 24, T9N, R70W of the 6th P.M., at a point approximately 2,200 feet from the North section line and 600 feet from the West section line of said Sec. 24. (b) Storage Water Right: (i) Applicant also has a right to store water in the Upper Kyle Pond and the Lower Kyle Pond located on Kyle Spring in the SW1/4 of the NW1/4 of Sec. 24, T9N, R70W of the 6th P.M. (ii) Surface area high water line of the Ponds: Upper Kyle Pond: Approximately 215 square feet; Lower Kyle Pond: Approximately 215 square feet; (iii) Maximum height of dams: Upper Kyle Pond: Six (6) feet; Lower Kyle Pond: Eight (8) feet; (iv) Length of dam in feet: Upper Kyle Pond: 30 feet; Lower Kyle Pond: 30 feet. (v) Total capacity of the ponds: Approximately 1/32nd of an acre-foot, with each pond having a storage capacity of approximately 1/64th of an acre-foot. Active capacity: 100% in both ponds. Dead storage: Zero. (vi) Source: The Kyle Spring, described above in Section 4(a), which is tributary to the Cache La Poudre River. 5. Amount claimed: 1.25 c.f.s., ABSOLUTE; 1/32nd of an acre-foot storage (1/64th of an acre-foot for each pond) with a right to fill and refill when in priority for the claimed uses; ABSOLUTE. 6. Appropriation Date: March 2000. 7. Decreed uses of water: Irrigation of 10 acres within the S1/2 of the S1/2 of the NW1/4 of Sec. 24, T9N, R70W of the 6th P.M., Larimer County, CO. In addition, Applicant waters 10-15 head of stock. 8. Diligence: During this diligence period, Applicant continued to develop her conditional water rights, including but not limited to improving the Upper Kyle Pond and the Lower Kyle Pond and their related structures. Specifically, in the Spring of 2000, Applicant purchased and installed a gate valve, repaired the dam, and installed piping hardware for the siphon discharge at the Lower Kyle Pond. Applicant also improved the Upper Kyle Pond so that Applicant can divert water directly from the Upper Kyle Pond to irrigate its fields. These improvements included removing silt from the pond, designing, constructing and installing a new headgate for the Upper Kyle Pond, placing rip rap along the sides of the pond, and constructing access walkways to the pond. Applicant also obtained and paid for quotes and drawings related to finalizing improvements to the headgates, which Applicant anticipates completing said improvements in the Spring 2009. In total, during the last six years, Applicant expended approximately $22,000.00 towards these improvements.

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Applicant reserves the right to assert and demonstrate that during the diligence period additional activities have been undertaken or accomplished toward completion of the appropriation. 9. Claim to make absolute: (a) Date water applied to beneficial use: From June 4, 2005 through June 22, 2005 the Cache La Poudre River was in a high water stage and a no-call, free river condition existed. On these dates, Applicant was able to do the following: (1) Applicant diverted and stored 1/64th of an acre foot of water in the Upper Kyle Pond and 1/64th of an acre foot of water in the Lower Kyle Pond; (2) Applicant used the water in her ponds for the irrigation of 10 acres and for watering 10 head of livestock; (3) upon complete use of the water in the ponds, Applicant also exercised her refill right for both ponds during this no-call, free river condition period, and diverted and refilled the Upper Kyle Pond and the Lower Kyle Pond with 1/64th acre foot each, which was put to beneficial use as stated below in Paragraph 9(b); and (4) through the use of a siphon pipe, for a continuous period beginning on June 11, 2005 through June 22, 2005, Applicant was able to divert water at a rate of 1.25 c.f.s. and applied said water to the uses set forth below. (b) Use: During this free river condition, Applicant used the water to irrigate 10 acres of land located in the S1/2 of the S1/2 of the NW1/4 of Sec. 24, T9N, R70W of the 6th P.M., Larimer County, CO, and watered 10 head of livestock. 10. Ownership: Ellen Nelson, 922 Ingleside Rd., Laporte, CO 80535. WHEREFORE, Applicant respectfully requests a ruling and decree for the following: (A) That 1/32nd of an acre foot of the conditionally decreed storage rights to fill the Upper Kyle Pond and the Lower Kyle Pond, for a total of 1/64th of an acre foot for each pond, have been made ABSOLUTE for the beneficial uses described above in Paragraph 9, and that the claimed date of appropriation be awarded as to those absolute water rights; (B) That 1.25 c.f.s. of the conditionally decreed surface water right has been made ABSOLUTE for the beneficial uses described above in Paragraph 9, and that the claimed date of appropriation be awarded as to those absolute water rights; (C) That Applicant has proceeded with the requisite diligence in the development of her water rights; and (D) That should the Court determine that any of the conditionally decreed water rights have not been made absolute, that the Court award Applicant an additional six-year diligence period to make such rights absolute, or for such relief as the Court may deem proper. 09CW58 Intermountain Conference of the Bible Missionary Church, Lisa S. Weinstein, Esq , #35668, c/o Colorado Water Plans, P.O. Box 1955, Elizabeth, CO 80107, Telephone (303) 646-3895 APPLICATION FOR UNDERGROUND WATER RIGHTS FOR PROPERTY 1 FROM THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON; PROPERTY 2 FROM NONTRIBUTARY SOURCES IN THE NONTRIBUTARY DENVER, ARAPAHOE AND LARAMIE-FOX HILLS IN ELBERT COUNTY. 2. Well Permits: There is one well, permit #49158-F located on Property 1. There is one well permit on Property 2, producing from the Upper Dawson. Applicant is not applying for underground water rights for the Upper Dawson and Lower Dawson aquifer for property 2 at this time. Appropriate well permits will be applied for when Applicant is prepared to drill additional wells. 3. The wells which will withdraw groundwater on Property 1 from the nontributary Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers and the not nontributary Upper Dawson aquifers are to be located on applicants land on approximately 39 acres of land in the NE/4 of Section 30, in Township 7 South, Range 64 West of the 6th P.M., except a strip of land two rods wide, extending the whole length along the South side of the NE/4SE/4, Elbert County. The wells which will withdraw ground water on Property 2 from the nontributary Denver, Arapahoe and Laramie-Fox Hills aquifers are to be located on applicants land on approximately 1.589 acres of land located in the NE/4NE/4 Section 13, Township 8 South, Range 65 West of the 6th P.M., Elbert County. No specific locations for the proposed wells are requested. Specific locations for additional wells will be provided when applications for well permits are submitted. 4. Source of Water Rights for Property 1: The sources of the nontributary groundwater to be

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withdrawn are the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers. The source of the not nontributary groundwater to be withdrawn is the Upper Dawson aquifers. Source of Water Rights for Property 2: The sources of the nontributary groundwater to be withdrawn are the Denver, Arapahoe and Laramie-Fox Hills aquifers. 5. Date of Appropriation for Property 1: 2-1-1963. Date of Appropriation for Property 2: proposed 6-14-1989. 6. Property 1 Estimated Amounts (acre feet per year) and Rates of Withdrawal (gallons per minute): Upper Dawson (13.1 AF, 250 gpm), Lower Dawson (5.5 AF 150 gpm), Denver (17.7 AF 250 gpm), Arapahoe (15.0, AF 400 gpm) and Laramie-Fox Hills (10.4, AF 400 gpm) aquifers. Water will be used for domestic and commercial use. Property 2 Estimated Amounts (acre feet per year) and Rates of Withdrawal (gallons per minute): Denver (.6 AF 250 gpm), Arapahoe (.6, AF 400 gpm) and Laramie-Fox Hills (.5, AF 400 gpm) aquifers. Water will be used for Domestic and commercial uses. 7. Well Field: The wells which will withdraw groundwater from the proposed Well Field are to be located on the Applicant’s property. The Applicant requests that the Court determine that the applicant has the right to withdraw all of the legally available groundwater from wells that may be completed in the future as the Applicant’s Well Field. 8. Proposed use: All water withdrawn will be reused, successively used, leased, sold or otherwise disposed of for the following beneficial uses: unified municipal water systems, municipal, domestic, industrial, commercial, irrigation, augmentation, stock watering, recreational, fire protection, water feature ponds and piscatorial habitat less than 1000 square feet, and wildlife. The water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions from the use of water from other sources and for all other augmentation purposes. 9. Jurisdiction: The Water Court retains jurisdiction over the the material in this application. 10. The use of not nontributary water from future wells shall be subject to judicial approval of an augmentation plan which will be applied for at such time as additional wells may be proposed and permitted. 11. Remarks: Applicant requests the right to withdraw from these wells an average amount of water determined to be available in paragraph 6 plus an amount of groundwater in excess of that annual amount; provided that the sum of the total withdrawals from any particular aquifer does not exceed the product of the number of years since the date of the issuance of well permits or of the entry of a decree, which ever occurs first, times the decreed average annual amount for that aquifer. 12. Number of pages of Application: 5 pages. 09CW59 JEFF J. HEBERT, PO Box 727, Conifer, CO 80433. Telephone: (303) 526-8088. APPLICATION FOR WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION IN SEDGWICK COUNTY. Applicant seeks to adjudicate the following water rights: Structure: Hebert Fishery, Wildlife and Recharge Project. Diversion Point. Headgate/Alluvial Wells Lift Station #1. Permit #67985-F located SW1/4 of the SW1/4, S27, T12N, R44W of the 6th PM at a distance 740 feet from West Section Line. Appropriation date: 04/17/2009. Amount claimed: 6.68 cfs. Source: South Platte River Alluvium. Structure continued: Diversion Point, Lift Station #2, Permit #68038-F located NW1/4 of the SW1/4 of S27, T12N, R44W of the 6th PM at a distance 1588 feet from South Section Line and 1300 feet from West Section Line. Appropriation Date: 6/20/2008. Amount claimed: 6.68 cfs. Source: South Platte River Alluvium. The Site Location is downstream of the interstate station and all points of diversion on the South Platte River, just above the state line between Colorado and Nebraska. How appropriation date was initiated: Conducting a feasibility study and information of the intent to appropriate water. Date applied to beneficial use: NA. Amount Claimed: 6,000 gpm, Conditional. 9660 acre feet annually claimed with the right to fill and refill whenever water is physically and legally available. Return flows will be released to the South Platte River through an outlet pipe, spillway, alluvium recharge for replacement of out-of-property depletions. Water diverted from the lift stations will be delivered for the primary beneficial use of fish propagation (piscatorial) in addition to wildlife recovery, livestock, recreational, augmentation and recharge.

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This “salvaged” water would be used and run through a series of concrete raceways prior to releases and discharges. Releases from the site aid in replacements and offset upstream diversions and depletion that could otherwise not be made because of potential compact violation. This use by the applicant or others would assist to regulate flows recharged to the South Platte River for lawful purposes and will meet the standards of administration protocol of recharge for Division One. Any excess recharge accretions may be sold, leased, banked or otherwise conveyed in accordance with all regulation, to prevent the wasting and useless discharge and running away of water. Water diverted to the Hebert slough will only be used for wildlife and wildlife recovery. Terms and Conditions: The Hebert Recharge and Wildlife Project will be subject to the same terms and conditions as other recharge projects and will also comply with the Compact Agreement of 1923. Applicant will determine the timing and location of each accretion returns by means of analytical equation described by the Glover Method. The applicant has proposed use of the “alluvial aquifer” setting in the Integrated Decision Support Alluvial Water Accounting System (“AWAS”) to complete the calculations of the stream depletions and recharge described in the Glover equation. AWAS was developed in 2003 by the Integrated Decision Support System at Colorado State University. AWAS is based upon the Analytical Stream Depletion Model of the Office of the State Engineer, Colorado Division of Water Resources, which was developed by Dwayne R. Schroeder in 1987 to compute stream depletion or accretion caused by a well pumping from or recharging to an aquifer hydraulically connected to the stream. The alluvial aquifer setting of the AWAS program, or another program which incorporates the Glover no-flow boundary method, shall be used to determine the timing of stream depletions and recharge. The accounting for depletions shall be completed on a well by well basis. Hebert slough will be for wildlife purposes, percolation at the ponds into the underground aquifer for the uses described. These ponds may be modified and other ponds added. Hebert Pond No. 1: In the NW1/4 of the SW1/4 of S27, T12N, R44W of the 6th PM. Surface Acres Full: 15 acres. Total Active Capacity: 45 AF with 0 dead storage. Hebert Pond No. 2: In the S1/2 of the NW1/4, S27, T12N, R44W of the 6th PM. Surface Acres Full: 15 acres. Total Active Capacity: 45 AF with 0 dead storage. Hebert Pond No. 3: In the S1/2 of the NW1/4 of S27, T12N, R44W of the 6th PM. Surface Acres Full: 15 acres. Total Active Capacity: 45 AF with 0 dead storage. Hebert Pond No. 4: In the NE1/4 of the NW1/4 of S27, T12N, R44W of the 6th PM. Surface Acres Full: 15 Acres. Total Active Capacity: 45 AF with 0 dead storage. Hebert Slough: In the SW1/4 of S27, T12N, R44W of the 6th PM. Diversion to the Hebert slough will be metered separately from diversion to the recharge ponds. The slough is connected to the South Platte River and therefore water delivered to the slough will return to the River immediately. Diversion to the slough will not deplete the South Platte River and will not require augmentation. Recharge site evaporation: Surface area at this time can not be determined. The structures used for recharge purposes have not been surveyed or constructed. Therefore, the maximum number of surface acres associated with each structure and the number of surface acres as a function of the depth of water in each structure is not defined. Prior to the use of any structure that has not been constructed the applicant shall provide the division engineer a copy of a diagram of the location and an estimate of the maximum number of surface acres associated with delivery of water into the recharge structure. Until the structures are built, lagging recharge and evaporation calculations can not be determined. Applicant shall not divert water to recharge under this agreement with the intention or for the purpose of creating a permanent supply of water for use by any other person or entity. Measurement and accounting for recharge site: The design and installation of the measuring devices shall be approved by the water commissioner. Each recharge site shall have a staff gauge installed to register the lowest level at each recharge site and be accessible for reading. The #2 Well will be used as needed but primarily as back-up when electrical grid shut down occurs, servicing and maintenance, or additional water is needed. The two Wells may be used in tamdem periodically or if build out occurs. Augmentation Plan: The applicant seeks approval of a plan for augmentation. Description of the Plan: There are 5 wells to be augmented by this plan; hereinafter

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“wells” are set out in Table 1. Table 1 also lists the lift stations which pump from the South Platte River headgate/alluvium wells which is fully described. Table 1 Owner Well Name Permit Q40 Q160 Section Township Range G.P.M. George Wegman W3056 NE NW 33 12N 44W 780 George Wegman W3056 SW NW 33 12N 44W 342 Jack Sheaffer 3829-F Lot 4 27 12N 44W 1300 Jeff Hebert 67985-F SW SW 27 12N 44W 3000 Jeff Hebert 68038-F NW SW 27 12N 44W 3000 Plan for Augmentation: Diversions from the wells listed in Table 1 and the recharge and augmentation wells described herein cause depletions to the South Platte River to the extent that those depletions are out of priority. The purpose of this plan is to provide for replacement of such out of priority depletion in times, location and amount required for replacements to the extent necessary to prevent material injury to vested water rights. Applicant has sufficient replacement supplies to replace out of priority depletions from the wells and lift station. Recharge structures for return flows: Recharge ponds and slough which are fully described will deliver replacement supplies of out of priority depletions. These structures will be attached either with a pipe line or meandering channel of which shall also be augmented. Addition of member wells: Applicant shall replace all out of priority depletion from member wells. Applicant reserves the right to add or delete additional augmentation wells and recharge wells to this plan. Applicant or the well owner shall file an application with the water court to add the well to the plan for augmentation. Name and address of owners of the structures: Jeff Hebert, PO Box 727, Conifer, CO 80433, George Wegman, 15467 US Hwy 385, Julesburg, CO 80737, Jack Sheaffer, 21913 US Hwy 138, Julesburg, CO 80737. 09CW60, Orvil E. Harms, 64920 WCR 111, Pine Bluffs, WY 82082, 970-895-3304, Larry L. Highland and Geraldine Highland, HC 63, Box 65, Bushnell, NE 69128, 970-437-5799, David Klinginsmith, 64800 WCR 119, Bushnell, NE 69128, 970-437-5424, Konig Investments LLC, 57851 WCR 81, Grover, CO 80729, 970-895-2386 (P. Andrew Jones, #29076, Lind, Lawrence & Ottenhoff LLP, 355 Eastman Park Drive, Suite 200, Windsor, CO 80550, 970-674-9888. APPLICATION FOR NON-TRIBUTARY WATER RIGHTS IN WELD COUNTY. 2. Summary: Applicants seek to confirm non-tributary status of 10 wells located in the Sidney Draw area that withdraw groundwater from the Southern fringe of the Ogallala formation. Sidney Draw is located in extreme Northern Colorado in Townships 11 and 12 North and Ranges 57 and 58 West. The surface topography of the Draw and the Ogallala formation both trend North-Northeast into the State of Nebraska. The wells to be adjudicated as non-tributary have existing decrees and/or well permits, summarized below. DECREED RIGHTS. 3. The follow wells have been previously decreed by the Water Court. Applicant seeks a finding that the wells, as decreed, do not withdraw water that is tributary to any natural stream in the state of Colorado. 4. Name of Water Right: Harms Well No. 016636-F, decreed by the Division One Water Court February 23, 1977 in Case No. W-7655. a. Legal Description of the Point of Diversion: In the SW1/4 of the SE1/4 of Section 33, Township 12 North, Range 58 West of the 6th P.M., Weld County, at a point 650 feet North and 1510 feet West of the Southeast corner of said Section 33. b. Source: Groundwater. c. Date of Appropriation: June 9, 1973. d. Date of Adjudication: May 8, 1974. e. Amount: 2.67 c.f.s., absolute. f. Uses: Irrigation of 137 acres in the SE1/4 of Section 33, Township 12 North, Range 58 West of the 6th P.M. Harms Well Enlargement, a separate water right described below, allows the withdrawal of water for commercial and industrial purposes from the 016636-F structure. 5. Name of Water Right: Harms Well

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Enlargement (26838-F), decreed by the Division One Water Court October 3, 1983 in case no. 82-CW-46. a. Legal Description of the Point of Diversion: In the SW1/4 of the SE1/4 of Section 33, Township 12 North, Range 58 West of the 6th P.M., Weld County, at a point 650 feet North and 1510 feet West of the Southeast corner of said Section 33. b. Source: Groundwater. c. Date of Appropriation: February 23, 1982. d. Date of Adjudication: February 23, 1982. e. Amount: 1.56 c.f.s., absolute. f. Uses: Commercial and industrial for drilling and improving oil wells. 6. Name of Water Right: Anderson Well No. 26010-F, decreed by the Division One Water Court October 1, 1984 in case no. 83-CW-227. Part of the water right decreed to Anderson Well no. 26010-F was originally decreed to Anderson Well 1-PO 3936 in Division One case no. W-4341, and then moved to the location of Anderson Well 26010-F in 83-CW-227. a. Legal Description of the Point of Diversion: In the NW1/4 of the SW1/4 of Section 9, Township 11 North, Range 58 West of the 6th P.M., Weld County, at a point 2300 feet North of the South line and 1100 feet East of the West line of Section 9. b. Source: Groundwater. c. Date of Appropriation: February 1, 1963. d. Amount: 2.445 c.f.s., absolute. e. Uses: Irrigation of 160 acres in the SW1/4 of Section 9, Township 11 North, Range 58 West of the 6th P.M. 7. Name of Water Right: Heim Well No. 016967-F, decreed by the Division One Water Court February 23, 1977 in case no. W-7602-74. a. Legal Description of the Point of Diversion: In the SE1/4 of the SW1/4 of Section 29, Township 12 North, Range 57 West of the 6th P.M., Weld County, at a point 1240 feet North and 1440 feet East of the Southwest corner of said Section 29. b. Source: Groundwater. c. Date of Appropriation: March 2, 1973. d. Date of Adjudication: February 15, 1974. e. Amount: 1.6 c.f.s., absolute. f. Uses: Irrigation of 270 acres in the SW1/4 of Section 29 Township 12 North, Range 57 West of the 6th P.M. 8. Name of Water Right: Klinginsmith Well No. 1-016107-F, decreed by the Division One Water Court February 22, 1977 in case no. W-5964. a. Legal Description of the Point of Diversion: In the NW1/4 of the SE1/4 of Section 6, Township 11 North, Range 58 West of the 6th P.M., Weld County, at a point 1355 feet North and 1345 feet West of the Southeast corner of said Section 6. b. Source: Non-Tributary, from Ogallala Formation. Not tributary to a natural stream in Colorado. c. Date of Appropriation: May 2, 1972. d. Amount: 3.333 c.f.s., absolute. e. Uses: Irrigation of 130 acres, absolute, and 130 acres, conditional, all in the S1/2 of Section 6, Township 11 North, Range 58 West of the 6th P.M., Weld County, Colorado. The conditional portion of this appropriation was not adjudicated absolute, and the time for filing an application to make absolute has expired. Applicants therefore seek to adjudicate a new water right for the additional 130 acres. This filing is not intended to affect the status of the 130 acres decreed absolute in W-5964. 9. Name of Water Right: Klinginsmith Well No. 1-19534, decreed by the Division One Water Court January 25, 1977 in case no. W-7499. a. Legal Description of the Point of Diversion: In the SW1/4 of the SW1/4 of Section 6, Township 11 North, Range 58 West of the 6th P.M., Weld County, at a point 330 feet North and 1072 feet East of the Southwest corner of said Section 6. b. Source: Groundwater. c. Date of Appropriation: February 5, 1973. d. Date of Adjudication: October 10, 1973. e. Amount: 1.78 c.f.s., absolute. f. Uses: Irrigation of 135 acres in the SW1/4 of Section 6, Township 11 North, Range 58 West of the 6th P.M., Weld County, Colorado. PERMITTED WELLS. 10. The follow wells have been permitted by the Colorado Division of Water Resources, but have not been decreed by the Water Court. Applicant seeks adjudication of new water rights for the wells and a finding that the wells withdraw water that is not tributary to any natural stream in the state of Colorado. 11. Name of Water Right: Well No. 32190. a. Legal Description of the Point of Diversion: In the SE1/4 of the SE1/4 of Section 10, Township 11 North, Range 59 West of the 6th P.M., Weld County. b. Source: Groundwater. c. Date of Appropriation: October 5, 1967. d. Amount: 30 c.f.s. e. Uses: Stock watering. 12. Name of Water Right: Anderson Well No. 33210. a. Legal Description of the Point of Diversion: In the SW1/4 of the SW1/4 of Section 10, Township 11 North, Range 58 West of the 6th P.M., Weld County. b. Source: Groundwater. c. Date of Appropriation: March 25, 1968. d. Amount: 6 c.f.s., absolute. e. Uses: Stock watering. 13. Name of Water Right: Anderson Well No. 33211.

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a. Legal Description of the Point of Diversion: In the SW1/4 of the SW1/4 of Section 9, Township 11 North, Range 58 West of the 6th P.M., Weld County. b. Source: Groundwater. c. Date of Appropriation: March 28, 1968. d. Amount: 10 c.f.s., conditional. e. Uses: Stock watering. 14. Name of Water Right: Anderson Well No. 166625. a. Legal Description: In the SE1/4 of the SW1/4 of Section 9, Township 11 North, Range 58 West of the 6th P.M., Weld County, at a point 710 feet from the South section line and 1600 feet from the West section line. b. Source: Groundwater. c. Date of Appropriation: October 21, 1992. d. Amount: 2.5 acre feet. e. Uses: ordinary household purposes inside one single family dwelling, fire protection, the watering of poultry, domestic animals and livestock on farms or ranches, and the irrigation of not over 8,000 square feet of home gardens and lawns. APPLICATION FOR FINDING OF NON-TRIBUTARY STATUS. 15. Harms Well No. 016636-F, Harms Well Enlargement (26838-F), Anderson Well No. 26010-F, Heim Well No. 016967-F, Klinginsmith Well No. 1-016107-F, Klinginsmith Well No. 19534 Well No. 32190, Anderson Well No. 33210, Anderson Well No. 33211, and Anderson Well No. 166625 withdraw water from the southern fringe of the Ogallala Aquifer that underlies much of western Nebraska. The general trend of this formation is dipping to the North-Northeast, into Nebraska. The water court has previously found the Ogallala formation in this area to be not tributary to any natural stream in Colorado. See W-5964/81CW021. 16. Pumping from Harms Well No. 016636-F, Harms Well Enlargement (26838-F), Anderson Well No. 26010-F, Heim Well No. 016967-F, Klinginsmith Well No. 1-016107-F, Klinginsmith Well No. 19534 Well No. 32190, Anderson Well No. 33210, Anderson Well No. 33211, and Anderson Well No. 166625 does not influence the “rate or direction” of flow in any natural stream within the boundaries of the state of Colorado. Kuiper v. Lundvall, 187 Colo. 40, 45, 529 P.2d 1328, 1331 (1974). Withdrawals from these wells in the amounts decreed to each well “will not, within 100 years, deplete the flow of a natural stream … at an annual rate greater than one-tenth of one percent of the annual rate of withdrawal.” §37-90-103(10.5), C.R.S. Applicants therefore seek a finding that these wells are non-tributary and that no augmentation plan is necessary to operate them. 17. Name and Address of Owners of Structures: Applicants own all structures involved in the application. 09CW61 Donald J. Palmer and Donna Sue Palmer,35255 CR 17, Elizabeth, CO 80107, Lisa S. Weinstein, Esq , #35668, c/o Colorado Water Plans, P.O. Box 1955, Elizabeth, CO 80107, Telephone (303) 646-3895 APPLICATION FOR UNDERGROUND WATER RIGHTS FROM THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON IN ELBERT COUNTY. 2. Well Permits: There is one well, permit #169200 on the property. Appropriate well permits will be applied for when Applicant is prepared to drill additional wells. 3. The wells which will withdraw groundwater from the nontributary Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers and the not nontributary Upper Dawson aquifers are to be located on applicants land on SW/4 of the NE/4 and in the SE/4 of the NW/4 of the Section 6, T8S, Range 64 West of the 6th P.M., Elbert County. The total area of water rights on the applicants land is 35.001 acres. No specific locations for the proposed wells are requested. Specific locations for additional wells will be provided when applications for well permits are submitted. 4. Source of Water Rights: The sources of the nontributary groundwater to be withdrawn are the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers. The source of the not nontributary groundwater to be withdrawn is the Upper Dawson aquifers. 5. Date of Appropriation: 2-23-1993. 6. Estimated Amounts (acre feet per year) and Rates of Withdrawal (gallons per minute): Upper Dawson (10.36 AF, 250 gpm), Lower Dawson (6.81 AF 150 gpm), Denver (15.29 AF 250 gpm), Arapahoe (14.00, AF 400 gpm) and Laramie-Fox Hills (10.54, AF 400 gpm) aquifers. An appropriate amount of the not nontributary Upper Dawson aquifer groundwater will be reserved for use through the one well (permit # 169200) that is being used for one single family dwelling, one barn, 2 horses and 6 head of cattle for 6 months per year and

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1500 square feet of garden and lawn irrigation. 7. Well Field: The wells which will withdraw groundwater from the proposed Well Field are to be located on the Applicant’s property. The Applicant requests that the Court determine that the applicant has the right to withdraw all of the legally available groundwater from wells that may be completed in the future as the Applicant’s Well Field. 8. Proposed use: All water withdrawn will be reused, successively used, leased, sold or otherwise disposed of for the following beneficial uses: unified municipal water systems, municipal, domestic, industrial, commercial, irrigation, augmentation, stock watering, recreational, fire protection, water feature ponds and piscatorial habitat less than 1000 square feet, and wildlife. The water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions from the use of water from other sources and for all other augmentation purposes. 9. Jurisdiction: The Water Court retains jurisdiction over the the material in this application. 10. The use of not nontributary water from future wells shall be subject to judicial approval of an augmentation plan which will be applied for at such time as additional wells may be proposed and permitted. 11. Remarks: Applicant requests the right to withdraw from these wells an average amount of water determined to be available in paragraph 6 plus an amount of groundwater in excess of that annual amount; provided that the sum of the total withdrawals from any particular aquifer does not exceed the product of the number of years since the date of the issuance of well permits or of the entry of a decree, which ever occurs first, times the decreed average annual amount for that aquifer. 12. Number of pages of Application: 3 pages. 09CW62 The Harold F. Allen and Edna F. Allen Trust, Lisa S. Weinstein, Esq , #35668, c/o Colorado Water Plans, P.O. Box 1955, Elizabeth, CO 80107, Telephone (303) 646-3895 APPLICATION FOR UNDERGROUND WATER RIGHTS FROM THE NONTRIBUTARY UPPER ARAPAHOE, LOWER ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DENVER IN ARAPAHOE COUNTY. 2. Well Permits: There are no wells producing from underground aquifers on the subject property. Appropriate well permits will be applied for when Applicant is prepared to drill additional wells. 3. The wells which will withdraw groundwater from the nontributary Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers and the not nontributary Denver aquifers are to be located on applicants land on SW/4SE/4 and SE/4SE/4 and more particulary described on the survey, Section 2, T4S, R66W of the 6th P.M., Arapahoe County. The total area of water rights on the applicants land is 39.15 acres. No specific locations for the proposed wells are requested. Specific locations for additional wells will be provided when applications for well permits are submitted. 4. Source of Water Rights: The sources of the nontributary groundwater to be withdrawn are the Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers. The source of the not nontributary groundwater to be withdrawn is the Denver aquifers. 5. Date of Appropriation: 3-4-1949. 6. Estimated Amounts (acre feet per year) and Rates of Withdrawal (gallons per minute): Denver (11.00 AF, 250 gpm), Upper Arapahoe (5.80 AF 150 gpm), Lower Arapahoe (7.10 AF 250 gpm), and Laramie-Fox Hills (6.20, AF 400 gpm) aquifers. 7. Well Field: The wells which will withdraw groundwater from the proposed Well Field are to be located on the Applicant’s property. The Applicant requests that the Court determine that the applicant has the right to withdraw all of the legally available groundwater from wells that may be completed in the future as the Applicant’s Well Field. 8. Proposed use: All water withdrawn will be reused, successively used, leased, sold or otherwise disposed of for the following beneficial uses: unified municipal water systems, municipal, domestic, industrial, commercial, irrigation, augmentation, stock watering, recreational, fire protection, water feature ponds and piscatorial habitat less than 1000 square feet, and wildlife. The water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions from the use of water from other sources and for all other augmentation purposes. 9. Jurisdiction: The Water Court retains jurisdiction over

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the the material in this application. 10. The use of not nontributary water from future wells shall be subject to judicial approval of an augmentation plan which will be applied for at such time as additional wells may be proposed and permitted. 11. Remarks: Applicant requests the right to withdraw from these wells an average amount of water determined to be available in paragraph 6 plus an amount of groundwater in excess of that annual amount; provided that the sum of the total withdrawals from any particular aquifer does not exceed the product of the number of years since the date of the issuance of well permits or of the entry of a decree, which ever occurs first, times the decreed average annual amount for that aquifer. 12. Number of pages of Application: 3 pages. 09CW63. The Windsor Land Company, LLC, c/o Double Eagle Construction Services, Attn: Greg Seebohm, 4026 South Timberline, Suite 100, Fort Collins, CO 80525, 970-223-3500. (Jeffrey J. Kahn, Esq. and Scott E. Holwick, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978, (303) 776-9900) APPLICATION FOR UNDERGROUND WATER RIGHT AND FOR APPROVAL OF PLAN FOR AUGMENTATION IN WELD COUNTY. FIRST CLAIM: CONDITIONAL UNDERGROUND WATER RIGHT 2. Name of proposed well and permit, registration or denial number(s): A. Name of proposed well: Jacoby Farm Pond. B. Permit No.: The Applicant does not have a well permit, but will be filing an application for well permit concurrent with or shortly after filing this Application. 3. Legal description of proposed well: The legal description for the middle of Jacoby Farm Pond is the SW1/4 of the SE1/4 of Section 18, Township 6 North, Range 67 West of the 6th Prime Meridian, Weld County, at a point approximately 311 feet North of the South Section line and approximately 2029 feet West of the East Section line. Jacoby Farm Pond is depicted on the map attached to the application as Exhibit A. 4. A. Source: Ground water tributary to the Cache la Poudre River. B. Capacity: The capacity of Jacoby Farm Pond is approximately 25.2 acre-feet. 5. A. Date of appropriation: May 21, 2009. B.How appropriation was initiated: By formation of intent to appropriate water for beneficial use by the Applicant, conducting engineering analysis of Jacoby Farm Pond’s effect on the stream and filing this application. C. Date water applied to beneficial use: N/A. 6. Amount claimed: 10.7 gpm, CONDITIONAL. 7. Proposed use: Jacoby Farm Pond was excavated to create stormwater detention capacity as part of a mixed-use development parcel. Because it is not lined, Jacoby Farm Pond exposes tributary groundwater to the atmosphere resulting in out-of-priority depletions to the Cache la Poudre River from evaporation. SECOND CLAIM: PLAN FOR AUGMENTATION 8. Name of structure to be augmented: Jacoby Farm Pond, an unlined pond located as described in Paragraph No. 3, above. No other water rights divert from this structure. 9. Previous decree for water rights to be used for augmentation: The Applicant is a shareholder of the Lake Canal Reservoir Company (the “Company”) by virtue of ownership of 8 of the 160 outstanding shares of the capital stock of the Company. The Company has an application pending in Water Court, Division No. 1 (Case No. 06CW276), in which it seeks to add augmentation and replacement uses to the currently decreed uses for its water rights. All of the information relating to the original decrees of the Company’s water rights (the decree dates, the case numbers and the courts, the type of water rights, the legal descriptions of points of diversion and places of storage, the sources of water, the appropriation dates, the amounts and the uses) are described with more specificity in the application in Case No. 06CW276, a copy of which is attached to the application as Exhibit B and which is incorporated expressly by reference herein. The Applicant will use the necessary portion of its pro rata (5%) share of the augmentation credits generated from the Company’s pending application to completely augment Jacoby Farm Pond as described with more specificity in ¶ 11, below. 10. Historic use: The historic use of the water rights to be used for augmentation of Jacoby Farm Pond is described in ¶¶ 3.A.5. and 3.B.5, and in Exhibit C of Exhibit B. 11. Statement of plan for augmentation: Jacoby Farm Pond was

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constructed and excavated to create stormwater detention capacity as part of a mixed use development parcel. The pond is unlined and intercepts groundwater. The purpose of this plan for augmentation described in this application is to replace out-of-priority depletions to the Cache la Poudre River resulting from evaporation caused by the exposure of tributary groundwater to the atmosphere in Jacoby Farm Pond. These depletions occur to the Cache la Poudre River in the SE1/4 of Section 19, Township 6 North, Range 67 West of the 6th P.M. in Weld County. When full, the surface area of Jacoby Farm Pond is approximately 3 acres. Annual net evaporation associated with Jacoby Farm Pond is estimated to be approximately 7 acre-feet. The Applicant proposes to use the water and water rights described in Exhibit B to replace out-of-priority depletions resulting from net evaporation caused by the exposure of groundwater in Jacoby Farm Pond, at the time and location and in the amount necessary to prevent injury to water rights with priorities senior to the filing date of this application with the water court. Generally, augmentation water will be delivered from the outlet structures of North Gray Reservoir, South Gray Reservoir, Gray Lake No. 3 or Lake Canal Reservoir No. 1 (the “Reservoirs”) to Box Elder Creek which will carry the water to the Cache la Poudre River at a point upstream of the location at which the Jacoby Farm Pond depletions occur. These locations are shown on the map attached to the application as Exhibit C. Based on Jacoby Farm Pond’s estimated annual depletions to the Cache la Poudre River and on the anticipated augmentation credits per share of Company stock available from Case No. 07CW276, the Applicant’s eight shares will provide more than enough augmentation credits to fully replace Jacoby Farm Pond’s out-of-priority depletions even after accounting for transit losses between the Reservoirs and the location at which the Jacoby Farm Pond depletions occur. 12. Names and addresses of owners of land on which any new diversion or storage structures or modification to any existing diversion or storage structure or existing storage pool is or will be constructed or upon which water is or will be stored. The land on which Jacoby Farm Pond is located is owned by the Applicant. The land on which the Reservoirs are located is owned by Lake Canal Reservoir Company, P.O. Box 104, Lucerne, CO 80646-0222. 09CW64 Applicant: Bartram Park Homeowners Association, c/o Timothy Brady, President, 17 Necessary Ct., Loveland, CO 80537. APPLICATION FOR AMENDMENT OF AUGMENTATION PLAN IN LARIMER COUNTY. Future correspondence and pleadings to: Sara J.L. Irby, Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Rd., Fort Collins, CO 80525, (970) 407-9000. 2. Purpose of Application. Applicant seeks approval of an amendment to the plan for augmentation for the Bartram Park subdivision in Larimer County, Colorado (the “Bartram Park Augmentation Plan”), as initially approved in the decree entered June 30, 1977 in Case No. W-7417 (the “Original Decree”). Specifically, Applicant seeks to add a source of augmentation water to the Original Decree and make certain revisions to the operation of the Bartram Park Augmentation Plan, as described below. 3. Overview of Original Decree. The Original Decree provides for replacement of out-of-priority depletions from 11 domestic wells in the Bartram Park subdivision (“the Wells”), located in the SE1/4 of Sec. 8, T5N, R70W of the 6th P.M., Larimer County, CO. The gross water requirement for the Bartram Park subdivision was determined to be 1.79 acre feet per year in the Original Decree, with an annual consumptive use for all of the Wells of 0.154 acre feet. Pursuant to the Original Decree, pumping of the Wells results in depletions to the Big Thompson River within the Big Thompson Canyon in the NE1/4 of Sec. 8, T5N, R70W of the 6th P.M., Larimer County, CO, in the amount of 0.154 acre feet annually. Annual releases of replacement water are not required to exceed 0.25 acre feet annually. 4. Water Rights to Be Used for Augmentation. Applicant purchased one (1) acre-foot of fully consumable water decreed for augmentation use by Ravencrest Chalet (the “Augmentation Water”). The Augmentation Water derives from changed Handy Ditch water decreed by the District Court, Water Division No. 1 in Case No. 99CW110 (“Case No. 99CW110”). 5. Amendment to Plan for Augmentation. Applicant intends to add the Augmentation Water to the Bartram Park Augmentation Plan to increase the quantity and

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improve the reliability of augmentation supplies in said Plan. The Augmentation Water will be available to Bartram Park at the Handy Ditch headgate located in the SW1/4 of Sec. 3, T5N, R70W of the 6th P.M., Larimer County, CO. Because there may be excess Augmentation Water over and above Bartram Park’s augmentation needs, Bartram Park seeks to reserve the right to lease, assign, convey or otherwise dispose of any “excess” Augmentation Water not needed in the Bartram Park Augmentation Plan. 6. Except as amended above, the Bartram Park Augmentation Plan shall remain and operate as set forth in the Original Decree. 7. Ownership: (a) Handy Ditch Company, 4549 Sunknoll Dr., Loveland, CO 80538; (b) Tim and Pam Brady, 17 Necessary Ct., Loveland, CO 80537; (c) Ed and Lois Earl, 589 Keko Dr., Loveland, CO 80537; (d) Gwenn Correll and Scott LeVally, 721 Keko Dr., Loveland, CO 80537; (e) Don and Susan Albern, 848 Keko Dr., Loveland, CO 80537; (f) Jerry and Sherry Wolf, 420 O’Keepa Trail, Loveland, CO 80537; (g) Gail Magers, 321 O’Keepa Trail, Loveland, CO 80537; (h) Robert Long, Jr., HC 35, Box 48, North Platte, NE 69101; (i) Betty Haws, 7126 East Thunderhead Dr., North Platte, NE 69101; (j) James and Michelle Thomas, 160 Shonta Ln., Loveland, CO 80537; and (k) Steve Uhlmann and Sherrie Welch, 465 O’Keepa Trail, Loveland, CO 80537. 09CW65 PATRICK WOODWARD, 2548 Wolfensberger Road, Castle Rock, CO 80109, through attorneys: Petrock & Fendel, P.C., James J. Petrock, Atty. Reg. #2881, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, IN DOUGLAS COUNTY. 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The wells which will withdraw groundwater from the not nontributary Upper Dawson and nontributary Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers will be located at any location on approximately 35 acres of land located in part of the NW1/4 of Section 29, T8S, R65W of the 6th P.M., as described and shown on Attachment A hereto ("Subject Property"). 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Upper Dawson aquifer is not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. The groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater as described in 37-90-103(10.5), C.R.S. 5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicant will withdraw the subject groundwater through wells to be located at any location on the Subject Property, including an existing well completed into the Upper Dawson aquifer as permitted in Well Permit No. 129179 which will be re-permitted to operate pursuant to the augmentation plan requested below. Applicant waives any 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below are based on the Denver Basin Rules, 2 C.C.R. 402-6. Applicant estimates the following annual amounts are representative of the subject aquifers: Saturated Annual Aquifer Thickness Amount Upper Dawson 190 feet 13 acre-feet Lower Dawson 109 feet 7 acre-feet Denver 189 feet 11 acre-feet Arapahoe 270 feet 16 acre-feet Laramie-Fox Hills 213 feet 11 acre-feet

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6. Well Field: Applicant requests that this Court determine that Applicant has the right to withdraw all of the legally available groundwater lying below the Subject Property, through wells which may be located anywhere on the Subject Property, and any additional wells which may be completed in the future as Applicant's well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: Applicant will use, reuse, and successively use the water for domestic, commercial, industrial, irrigation, livestock watering, fire protection, and augmentation purposes, both on and off the Subject Property. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Description of plan for augmentation: A. Groundwater to be augmented: 6 acre-feet per year of Upper Dawson aquifer groundwater as requested herein as described in paragraph 5 above. B. Water rights to be used for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. C. Statement of plan for augmentation: Applicant will use the Upper Dawson water to supply four individual wells, including the existing well, on four residential lots to be located on the Subject Property at rates of flow of 15 gpm. Each well will require 1.5 acre-feet per year for inhouse use (0.4 acre-feet), irrigation/limited to 17,500 square-feet of lawn and garden (1 acre-foot), and stockwatering of 8 large domestic animals (0.1 acre-feet). Applicant reserves the right to amend these values based on final planning of the Subject Property. Sewage treatment for inhouse use will be provided by a non-evaporative septic system. Consumptive use associated with in-house use will be approximately 10% of water used and consumptive use associated with irrigation use will be approximately 90% of water used. It is estimated that approximately 90% of water used for inhouse use and 10% of water used for irrigation will be returned to the stream system. Stockwatering use is 100% consumptively used. During pumping Applicant will replace actual depletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S. Applicant estimates that depletions may occur to the Cherry Creek stream system. Return flows from use of the subject water rights via that stream system will accrue to the South Platte River stream system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicant will reserve an equal amount of nontributary Laramie-Fox Hills aquifer groundwater underlying the Subject Property to meet post pumping augmentation requirements, but reserves the right to substitute the use of other nontributary groundwater, including return flows, either underlying the Subject Property, or from another location which is legally available for such purpose, for replacement of post-pumping depletions at such time that post-pumping depletions may begin. 10. Remarks: A. Applicant claims the right to withdraw more than the average annual amounts estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Applicant will withdraw up to 6 acre-feet per year of the not nontributary Upper Dawson aquifer groundwater requested herein under the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE, Applicant prays that this Court enter a Decree: 11. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 12. Specifically determining that: A. Applicant has complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicant's property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Upper Dawson aquifer is not nontributary and groundwater in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers is nontributary groundwater; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater and the plan for augmentation proposed herein; D. No findings of diligence are required to maintain these water rights.

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09CW66 CITY OF THORNTON, 12450 Washington Street, Thornton, Colorado 80241, c/o Evan D. Ela, Collins Cockrel & Cole, P.C., 390 Union Boulevard, Suite 400, Denver, Colorado 80228 (303) 986-1551; APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE IN ADAMS AND JEFFERSON COUNTIES. 1. Name,Address and Telephone Number of Applicant: a. City of Thornton, Infrastructure Department, 12450 Washington Street, Thornton, Colorado 80241, Telephone: (720) 977-6500, 2. Name of Structures: , a. Lower Clear Creek Ditch, b. Croke Canal, c. Farmers High Line Canal, 3. Description of the Subject Conditional Water Rights from Prior Decrees: a. Original Decree: The Enlarged Clear Creek – South Platte River Exchange was originally decreed on July 15, 1993 in Case No. 90CW231, District Court, Water Division No. 1, Findings of Fact, Conclusions of Law and Decree, Concerning the Application for Water Rights of the City of Thornton in Adams, Jefferson and Clear Creek Counties. b. Subsequent Decree: In Case No. 99CW116, issued June 9, 2003 by the District Court, Water Division 1, as Findings of Fact, Rulings of the Referee, Judgment and Decree, Concerning the Application for Water Rights of the City of Thornton in Adams and Jefferson Counties, this court confirmed portions of the appropriative rights of exchange absolute and made finding of reasonable diligence on the balance of the conditional exchange rights originally decreed in Case No. 90CW231. c. Location of Points of Diversion by Exchange (Exchange-To Points): (i) The headgate of the Lower Clear Creek Ditch as it presently exists and as it may be relocated in the future (“Lower Clear Creek Headgate”). The Lower Clear Creek Headgate is presently located on the north bank of Clear Creek in the SE1/4 of Section 4, Township 3 South, Range 68 West of the 6th P.M., in Adams County, Colorado. (ii) The headgate of the Croke Canal as it presently exists and as it may be relocated in the future (“Croke Canal Headgate”). The Croke Canal Headgate is presently located on the north bank of Clear Creek in the NW1/4 of the NE1/4 of Section 26, Township 3 South, Range 70 West of the 6th P.M., in Jefferson County, Colorado. (iii) The headgate of the Farmers High Line Canal as it presently exists and as it may be relocated in the future (“Farmers High Line Headgate”). The Farmers High Line Headgate is presently located on the north bank of Clear Creek in the NW1/4 of the SW1/4 of Section 27, Township 3 South, Range 70 West of the 6th P.M., in Jefferson County, Colorado. d. Location of Points of Release of Substitute Supplies (Exchange-From Points): (i) The confluence of Clear Creek and the South Platte River, which is currently located in the SE1/4 of Section 36, Township 2 South, Range 68 West, of the 6th P.M. in Adams County, Colorado. (ii) The outlet of Tani Lakes on the South Platte River as it currently exists and as it may be relocated in the future (the “Tani Outfall”). The Tani Outfall is currently located on the South Platte River in the SE 1/4 of Section 25, Township 2 South, Range 68 West, of the 6th P.M., in Adams County, Colorado. (iii) The outfall of the Metro Wastewater Reclamation District Plant on the South Platte River as it currently exists and as it may be relocated in the future (the “Metro Outfall”). The Metro Outfall is currently located on the South Platte River near the section line between Sections 1 and 12, Township 3 South, Range 68 West, of the 6th P.M., in Adams County, Colorado. e. Amounts: (i) Lower Clear Creek Ditch Exchange-To Point: 186.17 cfs, CONDITIONAL., (ii) Farmers High Line Canal Exchange-To Point: 200 cfs, CONDITIONAL. (iii) Croke Canal Exchange-To Point: 175.35 cfs, CONDITIONAL. f. Source of Diversions by Exchange: Clear Creek and its tributaries, all tributary to the South Platte River. g. Appropriation Date: November 8, 1990. h. Uses of Water Diverted by Exchange: All municipal uses, including domestic, mechanical, manufacturing, industrial, power generation, including generation of electric power, fire protection, sewage treatment, street sprinkling, irrigation of parks, lawns and grounds, recreation, fish culture, agricultural uses, maintenance and preservation of wildlife and aesthetic values, and for the replacement, adjustment and regulation including exchange and augmentation among the units of the City of Thornton Municipal Water System within themselves and with other water users. Thornton shall have the right to a single use of water diverted by exchange of substitute supplies that have been decreed for only a single use. To the extent that water diverted by

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Thornton under the subject exchanges is fully replaced with reusable substitute supplies, Thornton has the right to use, reuse, successively use and dispose of to extinction, the water diverted by the subject exchanges. 4. Outline of the work done during the diligence period for completion, or toward completion, of the appropriation and application of water for a beneficial use as conditionally decreed, including expenditures: Thornton spent in excess of $6.4 million for continued improvement, maintenance and operation of its Clear Creek raw water systems, in part, to further completion of the appropriation and application of water to the beneficial uses conditionally decreed in Case No. 90CW231, including the following activities: Project Name Amount East Gravel Lakes (Tani) Reconfiguration and Lining $ 40,656 Standley Lake Pipeline Inspection Project 50,000 UV Disinfection of Columbine and Thornton Treatment Plants 2,743,548 Water Facility Security Upgrades 215,881 Treated Water System Improvements 607,826 Croke Canal Headworks Improvements 104,160 Diversion Structure - Colorado Ag 970 Diversion Structure - Lower Clear Creek 6,819 Water Rights Protection - Engineering and Legal 1,260,202 Cosmic Payments to LCC and CO Ag 36,414 Farmers High Line Carriage Charge 780 Brannan Lakes Payments 22,313 Standley Lake Operating Committee (SLOC) Payments 252,435 Burlington Ditch, Reservoir and Land Company Assessments 15,649 Colorado Agricultural Ditch Company Assessments 135,155 Eastlake Water Company Assessments 77,922 Farmers High Line Canal Assessments 321,194 Farmers Reservoir & Irrigation Co. - Standley Lake Assessments 17,711 Lower Clear Creek Ditch Company Assessments 143,343 Clear Creek Water Quality Sampling 445,091___ Total $6,498,069

5. Name(s) and Address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Not applicable; all diversion and storage structures named in this application exist and have been built to adequate capacity. Therefore, modifications to diversion structures or storage pools are not anticipated. WHEREFORE, Applicant respectfully requests a judgment and decree from this Court that: 1. Make findings of reasonable diligence on the conditional water rights, or portions of conditional water rights, claimed herein and continue the

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viability of such conditional water rights for another statutory diligence period. 2. Such other relief as the Court deems appropriate. (7 pages) 09CW67 (94CW97, 02CW74). Groundwater Management Subdistrict of the Central Colorado Water Conservancy District, 3209 West 28th Street, Greeley, Colorado 80631. (970) 330-4540 c/o Lind, Lawrence & Ottenhoff LLP, 355 Eastman Park Drive, #200, Windsor, CO, 80550, (970)674-9888. Application for Finding of Reasonable Diligence and to Make Absolute a Conditional Water Right in WELD COUNTY. 2. Conditional Water Right. 2.1. Name of Structures. La Poudre Reservoirs No. 3 & No. 4. 2.2. Decrees. Case No. 94CW97 and 02CW74, Water Division No. 1. 2.3. Descriptions of Points of Diversion. 2.3.1. Reservoirs No. 3 & 4. The B. H. Eaton Diversion the headgate of which is on the South side of the Cache La Poudre River in the Northwest Quarter of the Southeast Quarter, Section 19, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado. 2.3.2. Reservoirs No. 3 & 4. From La Poudre No. 1 Pump Diversion adjacent to the Cache La Poudre River In the West One-half of the Southeast Quarter of Section 19, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado lying south of the Cache La Poudre River and east of the B. H. Eaton Ditch. 2.3.3. Reservoir No. 4. The Whitney Diversion the headgate of which is on the North side of the Cache La Poudre River in the Northwest Quarter of the Southeast Quarter, Section 19, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado. 2.3.4. Reservoirs No. 3 & 4. From La Poudre No. 2 Pump Diversion adjacent to the Cache La Poudre River in the Northwest Quarter or the West One-half of the East One-half of Section 19, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado and surface flow, seep and runoff water. 2.4. Source. The Cache La Poudre River and its tributaries. 2.5. Appropriation. May 17, 1994. 2.6. Amount. B. H. Eaton Diversion, 50 c.f.s., conditional; La Poudre No. 1 Pump Diversion, 10 c.f.s., conditional. Reservoir No. 3 and No. 4, 1600 acre feet combined, conditional; Whitney Diversion, 100 c.f.s., conditional; La Poudre No. 2 Pump Diversion, 10 c.f.s., conditional, seep and runoff 10 c.f.s., conditional. 2.7. Use. Industrial and mining uses in conjunction with gravel mining operations, dust suppression, reclamation, sand and gravel washing, augmentation, replacement, exchange, irrigation, domestic, recreation, commercial, fire protection and fish and wildlife purposes.3. Outline of What Has Been Done Toward Completion. 3.1. During the diligence period Applicant diverted a maximum of 25.37 c.f.s. at the Whitney Diversion on May 7, 2007 and a maximum of 7.0 c.f.s. at the B.H. Eaton Ditch Diversion on June 22, 2003. A maximum annual volume of 487.1 a.f. was stored in Reservoirs No. 3 & 4 combined during the 2007 Water Year, November 1, 2006 to October 31, 2007. The Reservoirs are hydraulically connected and function as one storage vessel. 3.2. The water diverted and stored was released for replacement of out of priority depletions pursuant to the terms of the decrees in Case Nos. 94CW74, 02CW335 and 03CW99. 3.3. Applicant expended $24,000 for measuring devices and structures. 4. Claim To Make Absolute and for Finding of Reasonable Diligence. Pursuant to §37-92-304 C.R.S., Applicant seeks to maintain the conditional appropriation and to make the amounts in ¶3.1 absolute for augmentation, replacement and exchange. 09CW68 ORDER GRANTING MOTION TO BIFURCATE FROM CASE 02CW392. ISSUE IS CHANGE IN WATER RIGHTS TO THE FARMERS DITCH.

09CW69 (2001CW078). Slate Ditch Co., c/o Sam Funakoshi, Treasurer, 6757 WCR 23 1/2 , Fort Lupton, CO 80621, 303-857-2384. (Steven P. Jeffers, Esq. , and Madoline Wallace-Gross, Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978, 303-776-9900 APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN WELD COUNTY 2. Name of structure: Slate Ditch Enlargement. 3. Describe conditional water right from Judgment and Decree: A) Date of original decree, case no. and court: The original decree was entered June 9, 2003, in Case No. 2001CW078, District Court, Water Division No. 1. B) Legal

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Description: The headgate is located in the SW1/4 NE1/4 SW1/4 of Section 35, T2N, R67W, 6th P.M., Weld County, CO, at a point 1,400 feet from the south line and 700 feet from the west line of Section 35. A map showing the location of the ditch and headgate is attached as EXHIBIT A. C) Source: Little Dry Creek. D) Appropriation Date: May 1, 2001. E) Amount: 6.0 cfs, CONDITIONAL. F) Use: Irrigation of approximately 300 acres. The irrigated area includes approximately 258 acres between the Slate Ditch and Lupton Meadows Ditch in portions of the SW1/4, SE1/4, and NE1/4 of Section 35, portions of the SW1/4 and NW1/4 of Section 36, and portions of the SW1/4 and NW1/4 of Section 25, all in T2N, R67W, 6th P.M. The irrigated area also includes approximately 42 acres between an extension of the Slate Ditch and the Lupton Meadows Ditch in portions of the SW1/4 of Section 24, T2N, R67W, 6th P.M. The general location of the irrigated area is shown on attached EXHIBIT A. 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: During the subject diligence period, the Slate Ditch Company has continued to maintain and make minor improvements to the ditch. However, the Company did not have sufficient money to enlarge the ditch and water was not generally available in priority to complete the conditional appropriation. The total amount of expenditures related to this conditional water right during the past six years was approximately $5,000. 5. If a claim to make absolute, water applied to beneficial use: N/A. 6. Name and address of owner of land upon which any new diversion structure or modification of any existing diversion structure is or will be constructed. Applicant owns the ditch and diversion structure. The land upon which the headgate is located is owned by Baja Berg, LLC, 5901 CR 21, Fort Lupton, CO 80621. 09CW70 CITY OF THORNTON, Infrastructure Department, 12450 Washington Street, Thornton, Colorado 80241, c/o Evan D. Ela, Collins Cockrel & Cole, P.C. 390 Union Boulevard, Suite 400, Denver, Colorado 80228 (303) 986-1551; APPLICATION TO MAKE CERTAIN CONDITIONAL WATER RIGHTS ABSOLUTE AND FOR FINDINGS OF REASONABLE DILIGENCE ON DECREED CONDITIONAL WATER RIGHTS, IN ADAMS AND JEFFERSON COUNTIES. 2. Name of Structures: a. Farmers High Line Canal, b. Croke Canal, c. Colorado Agricultural Ditch, d. Lower Clear Creek Ditch, e. Standley Lake, f. Croke Reservoir No. 12, g. Hunters Glen Reservoir, h. Tani Lakes, i. Brannan Lakes, 3. Description of the Subject Water Rights from Prior Decrees: a. Original Decree: Issued on September 14, 1992, Case No. 90CW230, District Court, Water Division 1, Findings of Fact, Conclusions of Law, Judgment and Decree of the Water Court, Concerning the Application for Water Rights of the City of Thornton, in Adams and Jefferson Counties, Colorado. b. Subsequent Decree: Issued on June 9, 2003, Case No. 98CW381, District Court, Water Division 1, Findings of Fact, Ruling of the Referee, Judgment and Decree, Concerning the Application for Water Rights of the City of Thornton, in Jefferson and Adams Counties, by which portions of the originally decreed conditional water rights were confirmed absolute. c. Location of Structures: The location of the diversion and storage structures are as follows: (i) Farmers High Line Canal: The headgate is located on the north bank of Clear Creek in the NW1/4 of the SW1/4 of Section 27, Township 3 South, Range 70 West of the 6th P.M. Jefferson County, a short distance downstream from the Ford Street Bridge across Clear Creek in the City of Golden, Colorado, at a point approximately 950 feet east and 1500 feet north of the SW corner of said Section 27. (ii) Croke Canal: The headgate is located on the north bank of Clear Creek in the NW/4 of the NE/4 of Section 26, Township 3 South, Range 70 West of the 6th P. M. Jefferson County, at a point approximately 2700 feet west and 2400 feet south of the northeast corner of said Section 26. (iii) Colorado Agricultural Ditch: The headgate, which is a combined headgate for the Colorado Agricultural Ditch and the Lower Clear Creek Ditch, is located on the north bank of Clear Creek in the SW1/4 of the SE1/4 of Section 4, Township 3 South, Range 68 West of the 6th P.M. Adams County, at a point approximately 1400 feet west and 1200 feet north of the southeast

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corner of said Section 4. (iv) Lower Clear Creek Ditch: the combined headgate for the Colorado Agricultural Ditch and the Lower Clear Creek Ditch is located as described above in paragraph 3.e(iii). (v) Standley Lake: The dam is located in the SE1/4 of Section 16, the NE1/4 of Section 21, and the W1/2 of the W1/2 of Section 22, all in Township 2 South, Range 69 West of the 6th P.M. Jefferson County. The reservoir is located in Sections 16, 17, 20, 21, 22, 27, 28, and 29, Township 2 South, Range 69 West of the 6th P.M. Jefferson County. (vi) Croke Reservoir No. 12: The east dam embankment is located in the SW1/4 of the SE1/4 of Section 15, Township 2 South, Range 68 West of the 6th P.M. Adams County. The west dam embankment is located in the SE1/4 of the SW1/4 of Section 15, Township 2 South, Range 68 West of the 6th P.M. Adams County. The reservoir is located in the W1/2 of the SE1/4 and the E1/2 of the SW 1/4 of Section 15, Township 2 South, Range 68 West of the 6th P.M. Adams County, just north of the intersection of Highway I-25 and Thornton Parkway. (vii) Hunters Glen Reservoir: The east dam embankment is located in the SE1/4 of the SW1/4 of Section 26, Township 1 South, Range 68 West of the 6th P.M. Adams County. The west dam embankment is located in the W 1/2 of the SW1/4 of Section 26, Township 1 South, Range 68 West of the 6th P.M. Adams County. (viii) Tani Lakes: Located in Sections 25 and 36, Township 2 South, Range 68 West of the 6th P.M. and in Sections 30 and 31, Township 2 South, Range 67 West of the 6th P.M. all in Adams County. (ix) Brannan Lakes: Located in the SW1/4 of Section 35, Township 2 South, Range 68 West of the 6th P.M. Adams County, Colorado. d. Amounts: (i) Farmers High Line Canal (direct flow): 87.3 cfs, CONDITIONAL. (ii) Colorado Agricultural Ditch (direct flow): 13.0 cfs, CONDITIONAL. (iii) Standley Lake (storage): a) Amount: 6,653.7 acre-feet, CONDITIONAL. b) Rate of Diversion to Fill: 186.5 cfs through the Farmers High Line Canal, CONDITIONAL; 99.2 cfs through the Croke Canal, CONDITIONAL. (iv) Croke Reservoir No. 12 (storage): a) Amount: 213.0 acre-feet, CONDITIONAL. b) Rate of Diversion to Fill: 30 cfs through the Farmers High Line Canal and Tuck Lateral, CONDITIONAL. (v) Hunters Glen Reservoir (storage): a) Amount: 60.0 acre-feet, CONDITIONAL. b) Rate of Diversion to Fill: 25.0 cfs through the Farmers High Line Canal, CONDITIONAL. (vi) Tani Lakes (storage): a) Amount: 4,000 acre-feet, CONDITIONAL. b) Rate of Diversion to Fill: 30 cfs combined through the Lower Clear Creek Ditch and/or the Colorado Agricultural Ditch, CONDITIONAL. (vii) Brannan Lake (storage): a) Amount: 1,272.7 acre-feet, CONDITIONAL. b) Rate of Diversion to Fill: 30.1 cfs through the Lower Clear Creek Ditch, CONDITIONAL. e. Source for the Subject Water Rights: Clear Creek and its tributaries, all tributary to the South Platte River. f. Appropriation Date for the Subject Water Rights: March 23, 1990. g. Uses: By direct flow, or after storage and subsequent release from the reservoir identified herein, for irrigation, agricultural, commercial, industrial and all municipal uses, including but not limited to domestic, mechanical, manufacturing, industrial, power generation, fire protection, sewage treatment, street sprinkling, irrigation of parks, lawns and grounds, recreation, piscatorial, agricultural, maintenance and preservation of wildlife and aesthetic values, lake and reservoir evaporation, augmentation, and replacement, adjustment and regulation of Thornton’s water supply system, including exchange within Thornton’s system and with other users. Thornton will use the water diverted within the Thornton service area as it presently exits and as it may exist in the future, and in any location capable of service from any of the points of diversion and storage identified herein. 4. Outline of the work done during the diligence period for completion, or toward completion, of the appropriation and application of water for a beneficial use as conditionally decreed, including expenditures: Thornton spent in excess of $6.5 million for continued improvement, maintenance and operation of its Clear Creek raw water systems, in part, to further completion of the appropriation and application of water to the beneficial uses conditionally decreed in Case No. 90CW230, including the following activities:

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Project Name Amount

East Gravel Lakes (Tani) Reconfiguration and Lining $ 40,656

Standley Lake Pipeline Inspection Project 50,000 UV Disinfection of Columbine and Thornton Treatment Plants 2,743,548

Water Facility Security Upgrades 215,881

Treated Water System Improvements 607,826

Croke Canal Headworks Improvements 104,160

Diversion Structure - Colorado Ag 970

Diversion Structure - Lower Clear Creek 6,818

Water Rights Protection - Engineering and Legal 1,260,202

Cosmic Payments to LCC and CO Ag 36,414

Farmers High Line Carriage Charge 780

Brannan Lakes Payments 22,313 Standley Lake Operating Committee (SLOC) Payments 252,435

Colorado Agricultural Ditch Company Assessments 135,155

Eastlake Water Company Assessments 77,922.00

Farmers High Line Canal Assessments 321,194 Farmers Reservoir & Irrigation Co. - Standley Lake Assessments 17,711

Fisher Ditch Company Assessments 33,863

Lower Clear Creek Ditch Company Assessments 143,343

Clear Creek Water Quality Sampling 445,091

Total $6,516,282 5. Claims to Make Absolute Certain Conditional Water Rights: At times during the diligence period, Thornton has diverted and used water in exercise of certain of the subject water rights. The maximum amount and rates diverted, and the dates on which the diversions occurred, are described below: a. Colorado Agricultural Ditch (direct flow). On April 18, 2009, Thornton diverted 30.0 cfs in the exercise of this conditional water right, in priority, as measured at the Parshall flume for the diversion structure from the Colorado Agricultural Ditch to Thornton’s West Gravel Lakes. The volume of water diverted at the peak flow rate of 30 cfs (7.5 ac-ft) was treated at the Wes Brown Treatment Plant for release into Thornton’s municipal water distribution system for use by its customers. The water diverted was thereafter beneficially used for the purposes described in ¶3.g herein, thereby resulting in the perfection of the 13.0 cfs that remained conditionally decreed of the 30.0 cfs total allowable diversion by exercise of this water right. 6. Name(s) and Address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Not applicable; all diversion and storage structures named in this

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application exist and have been built to adequate capacity. Therefore, modifications to diversion structures or storage pools are not anticipated. WHEREFORE, Applicant respectfully requests a judgment and decree from this court that: 1. Confirms perfection of the absolute water right claimed herein. 2. Makes findings of reasonable diligence on the conditional water rights, or portions of conditional water rights, claimed herein and continue the viability of such conditional water rights for another statutory diligence period. 3. Such other relief as the Court deems appropriate. (9 pages)

09CW71 RED ROCKS COUNTRY CLUB, 16235 West Belleview Avenue, Morrison, Colorado 80465, (303) 697-4438 (c/o Richard J. Mehren, Patricia M. DeChristopher, Moses, Wittemyer, Harrison and Woodruff, P.C., P. O. Box 1440, Boulder, Colorado 80306-1440, (303) 443-8782). APPLICATION FOR APPROPRIATIVE RIGHT OF EXCHANGE IN JEFFERSON AND DENVER COUNTIES. 2. Description of proposed appropriative right of exchange: The proposed exchange reach will be from the confluence of Bear Creek and the South Platte River up Bear Creek and Turkey Creek to the Independent High Line Ditch headgate on Turkey Creek. Under the exchange, Red Rocks will divert by exchange up to 20.0 cfs of water at the headgate of the Independent High Line Ditch. Substitute supplies will be made available from the sources described in paragraph 2.C., below, above the calling right when the exchange is operated. A. Downstream extent of exchange reach: The confluence of Bear Creek and the South Platte River located in Section 4, Township 5 South, Range 68 West of the 6th P.M., Denver County, Colorado. B. Upstream extent of exchange reach: The headgate of the Independent High Line Ditch, located on the South side of Turkey Creek near the center of the NW1/4 of Section 14, Township 5 South, Range 70 West of the 6th P.M., Jefferson County, Colorado. C. Sources of substitute supply water: Red Rocks will provide a substitute supply of water of a quality and continuity to meet the requirements of use to which the senior appropriation has normally been put. The sources of substitute supply shall come from water rights to be acquired and/or changed by Red Rocks in the future, legally reusable water rights and water rights leased from other water right owners. D. Amount of exchange: i. Amount: 241.12 acre-feet per year, CONDITIONAL; 58.88 acre-feet per year, ABSOLUTE (300 acre-feet per year total). ii. Rate of exchange: 3.0 cfs, CONDITIONAL; 17.0 cfs, ABSOLUTE (20.0 cfs total). iii. Remarks: A portion of the exchange was made absolute by operation of the exchange of 58.88 acre-feet of fully consumable substitute supply water delivered from Spinney Mountain Reservoir down the South Platte River to the confluence of the South Platte River and Bear Creek, thence up Bear Creek and Turkey Creek to the Independent High Line Ditch headgate during 2006, with approval of the Water Commissioner. A portion of the exchange was also made absolute by operation of the exchange of fully consumable substitute supply water delivered from Spinney Mountain Reservoir down the South Platte River to the confluence of the South Platte River and Bear Creek, thence up Bear Creek and Turkey Creek to the Independent High Line Ditch headgate at the rate of 17.0 cfs on May 14, 2003, with approval of the Water Commissioner. E. Appropriation information: i. Date of initiation of appropriation: May 4, 2002. ii. How appropriation was initiated: By operation of the exchange of fully consumable substitute supply water released from Bowles Reservoir to South Platte River to the confluence of the South Platte River and Bear Creek, thence up Bear Creek and Turkey Creek to the headgate of the Independent High Line Ditch. iii. Date water applied to beneficial use: May 4, 2002. F. Uses: Water diverted pursuant to the subject appropriative right of exchange will be used by Red Rocks for irrigation of the Red Rocks golf course, located in Sections 13, 14, 23 and 24, Township 5 South, Range 70 West of the 6th P.M., Jefferson County, Colorado, and for storage and maintenance of storage reserves in Red Rocks’ Kingfisher Lake (No. C702) and Willow Springs Reservoir (No. C1081), recreation, augmentation, fish and wildlife preservation and propagation and other beneficial uses incidental to the recreational use made by Red Rocks, and for use and reuse until extinction. Kingfisher Lake (No. C702) is located in Section 13,

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Township 5 South, Range 70 West of the 6th P.M., Jefferson County, Colorado, the initial point of survey of the high water line being located at a point whence the West 1/4 corner of said Section 13 bears North 87° West, 1150 feet. Willow Springs Reservoir (No. C1081) is located in Section 13, Township 5 South, Range 70 West of the 6th P.M., Jefferson County, Colorado, the initial point of survey of the high water line being located at a point whence the West 1/4 corner of said Section 13 bears South 38°40' West, 745 feet. 3. Proposed terms and conditions: A. The exchange will operate only when there is a live stream between the headgate of the Independent High Line Ditch and the location where substitute supply water is made available to the stream. B. Prior to operating the exchange, Red Rocks will notify the Water Commissioner of its intent to operate the exchange, identify the rate at which the exchange will be operated and obtain approval for such operation. C. The exchange will operate only when water rights that divert within the exchange reach are either in priority and fully satisfied or unable to divert water to the extent then desired because of being partially or completely called out by a downstream senior water right that is located at or below the point where the substitute supply water is delivered to the stream. 4. Names and addresses of owners of land on which structures are located: A. Kingfisher Lake, Willow Springs Reservoir: Red Rocks. B. Independent High Line Ditch: Denver Mountain Parks, c/o City and County of Denver, Parks and Recreation Department, 2300 15th Street, Denver, Colorado 80202. WHEREFORE, Red Rocks respectfully requests the Court to grant the appropriative right of exchange requested herein and other such relief as the Court deems appropriate. (5 pages)

09CW72 (94CW268, 02CW089). Lakeview Village, Inc., c/o Doris Pavlick, 10442 Santa Fe Street, Northglenn, Colorado 80234. Telephone: (303) 669-5690. Application for Finding of Reasonable Diligence and to Make Absolute a Conditional Water Right in BOULDER and WELD COUNTIES. 2. Conditional Exchange Water Right. 2.1. Name of Structure. Lakeview Village Exchange. 2.2. Decrees. Case No. 94CW268 and 02CW089, Water Division No. 1. 2.3. Description of Exchange. 2.3.1. Exchange to Points. Lakeview Village is the owner of the Lakeview Reservoir No. 1 and the Lakeview Reservoir No. 2. The Reservoirs are more particularly described as follows: Lakeview Reservoir No. 1 is located on an unnamed tributary of St. Vrain Creek. The drop outlet structure for the Reservoir is located in the SW 1/4 of the NE 1/4 of Section 13, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, at a point approximately 1, 064 feet South of the North line and 2,459 feet West of the East line of said Section 13. Lakeview Reservoir No. 2 is constructed on and between two unnamed tributaries of St. Vrain Creek. The drop outlet structure for the Reservoir is located in the NW 1/4 of the NE 1/4 of Section 13, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, at a point approximately 948 feet South of the North line and 2,315 feet West of the East line of said Section 13. The water is exchanged to these reservoirs. 2.3.2. Source of Water. Lakeview Village is the lessee of 100 acre feet of water annually from Boulder during the months of April through October (“the leased water”). The leased water is water that is available to Boulder or its lessees after the first use of the water rights for instream flow purposes by the CWCB. The lease between Lakeview Village and Boulder provides for delivery during the months of June, July and August, of up to 57 acre feet of water available to Boulder for reuse after its first use for instream flow purposes. The lease is for a period of twenty years (or until August 15, 2014). The lease also provides for the delivery of up to 43 acre feet of water during the months of April, May, September and October, for a period of five years (or until August 15, 1999), with the ability to extend the term an additional five years if the water is not then needed by Boulder. 2.3.3. Exchange from Point. Water leased to Lakeview Village by Boulder is delivered in Boulder Creek at or near the intersection of Boulder Creek and 75th Street at a point in Section 13, Township 1 North, Range 70 West of the 6th P.M., approximately 950 feet from the West Section line and 1,700 feet from the South Section line of said Section 13, which is the

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location of Boulder’s wastewater treatment plant outfall. 2.3.4. Exchange Reach. Lakeview Village’s use of the water leased from Boulder is downstream of the instream flow reach of Boulder Creek referenced as “Segment C” in the Decree entered in Case No. 90CW193, and more particularly described as follows: That segment of Boulder Creek in Boulder County from a point immediately below the discharge of Public Service Company of Colorado’s hydroelectric plant at Orodell in the NE 1/4, SW 1/4, Section 34, Township 1 North, Range 71 West of the 6th P.M., to the 75th Street Bridge near the center of Section 13, Township 1 North, Range 70 West of the 6th P.M. Water leased to Lakeview Village by Boulder is delivered in Boulder Creek at or near Boulder wastewater treatment plant outfall described above. From that point, the leased water is conveyed in Boulder Creek and St. Vrain Creek to the confluence of St. Vrain Creek and unnamed tributaries of St. Vrain Creek in Section 36, Township 3 North, Range 68 West, 6th P.M. The leased water is then exchanged up the unnamed tributaries to the locations of the Lakeview Village Reservoir Nos. 1 and 2. 2.3.5. Date of Appropriation. December 29, 1994. 2.3.6. Amount. 0.25 c.f.s., absolute and 0.25 c.f.s., conditional and 16.5 acre feet, absolute and 83.5 acre feet, conditional. 2.3.7. Use. Recreation and replacement of evaporation. 3. Outline of What Has Been Done Toward Completion. Applicant has operated the exchange during the diligence period at the rate of 0.50 c.f.s and has exchanged 39.66 acre feet. 4. Claim To Make Absolute and for Finding of Reasonable Diligence. Pursuant to §37-92-304, C.R.S., Applicant seeks to make the exchange rate absolute for an additional 0.25 c.f.s for a total of 0.50 c.f.s. absolute. Applicant seeks to make an additional 23.16 acre feet absolute for a total of 39.66 acre feet absolute with 60.34 acre feet to remain conditional. 09CW73 (98CW447). APPLICATION TO MAKE CONDITIONAL RIGHTS ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF JAMES W. GUERCIO, IN NORTH BOULDER CREEK, IN BOULDER COUNTY, COLORADO. DISTRICT COURT, WATER DIVISION NO. 1, STATE OF COLORADO, 901 9th Avenue, Greeley, CO 80632. 1. Name, address and telephone number of applicant: James W. Guercio, 1300 Walnut Street, Suite 200, Boulder, CO 80302, (303) 440-4644. Direct all pleadings to: Steven J. Bushong (#21782), Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, CO 80302. 2. Name of Structures: Caribou Ranch Trout Ponds. A. Caribou Ranch Trout Ponds Diversion Structure. 3. Description of Decreed Conditional Water Rights: By decree entered on July 25, 2002, in Case No. 98CW447 by the District Court, Water Division No. 1, the following conditional water rights were granted: A. Caribou Ranch Trout Ponds. (1) Decreed Location: The Caribou Ranch Trout Ponds (the “Ponds”) were decreed as on-channel ponds consisting of a total maximum surface area of 9.5 acres located on an unnamed tributary to Como Creek in the S1/2 N1/2 and N1/2 S1/2 of Section 1, Township 1 South, Range 73 West of the 6th P.M., Boulder County, Colorado. The specific locations for each of the Ponds are decreed to be within 200 feet of the following legal descriptions: (a) Pond 1. The south abutment for Pond 1 is at a distance of approximately 400 feet and bearing approximately S. 49° E. from the Northwest corner of the Southwest 1/4 of Section 1, Township 1 South, Range 73 West of the 6th P.M. (b) Pond 2. The south abutment for Pond 2 is at a distance of approximately 1500 feet and bearing approximately N. 88° E. from the Northwest corner of the Southwest 1/4 of Section 1, Township 1 South, Range 73 West of the 6th P.M. (c) Pond 3. The south abutment for Pond 3 is at a distance of approximately 2000 feet and bearing approximately N. 88° E. from the Northwest corner of the Southwest 1/4 of Section 1, Township 1 South, Range 73 West of the 6th P.M. (d) Pond 4. The south abutment for Pond 4 is at a distance of approximately 2900 feet and bearing approximately S. 88° E. from the Northwest corner of the SW1/4 of Section 1, Township 1 South, Range 73 West of the 6th P.M. (e) Pond 5. The south abutment for Pond 5 is at a distance of approximately 3700 feet and bearing approximately S. 82° E. from the Northwest corner of the SW1/4 of Section 1, Township 1 South,

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Range 73 West of the 6th P.M. (2) Decreed Sources: North Boulder Creek, tributary to Boulder Creek, tributary to St. Vrain Creek, tributary to the South Platte River; and an unnamed stream tributary to Como Creek and springs tributary to the Como Creek watershed, a tributary of North Boulder Creek. The springs are described in paragraph 4 below. (3) Decreed Amount: A combined total of 47.5 acre-feet of storage, conditional. (4) Decreed Storage, Capacity, and Pond Dimensions: The precise dimensions and amount of storage for each Pond was not determined by decree, limited only to a total storage volume of 47.5 acre-feet and 9.5 surface acres. While the capacities of the Ponds are substantially larger and may have a total capacity of up to 142.4 acre-feet, the actual amount of storage for each pond is limited to the amount of water that is in storage above the groundwater level. For the purpose of illustration only, the decree in Case No. 98CW447 references the following: (a) Pond 1. Maximum dam height 10 feet, maximum dam elevation 8380 feet; maximum storage of 4.5 acre feet; and maximum surface area 0.9 acres. (b) Pond 2. Maximum dam height 10 feet, maximum dam elevation 8318 feet; maximum storage of 9.5 acre feet; and maximum surface area 1.9 acres. (c) Pond 3. Maximum dam height 10 feet, maximum dam elevation 8298 feet; maximum storage of 9.0 acre feet; and maximum surface area 1.7 acres. (d) Pond 4. Maximum dam height 10 feet, maximum dam elevation 8260 feet; maximum storage of 12.0 acre feet; and maximum surface area 2.4 acres. (e) Pond 5. Maximum dam height 10 feet, maximum dam elevation 8232 feet; maximum storage of 12.5 acre feet; and maximum surface area 2.6 acres. (5) Appropriation Date: June 1, 1976. (6) Decreed Beneficial Uses: Piscatorial, fishing, aesthetic, wildlife, and recreation, and, for Pond 1 only, augmentation of the Pond evaporation losses. B. Caribou Ranch Trout Ponds Diversion Structure: (1) Decreed Location: The headgate of the Caribou Ranch Trout Ponds Diversion Structure used to fill and refill the Ponds (“Ponds Diversion Structure”) was decreed as located on North Boulder Creek a distance of approximately 1165 feet and bearing approximately N. 86.25° W. from the Northwest corner of the Southwest 1/4 of Section 1, Township 1 South, Range 37 West of the 6th P.M., Boulder County, Colorado. Diversions from North Boulder Creek at the Ponds Diversion Structure travel through a ditch and enter Pond 1 and then flow through the other Ponds before returning to North Boulder Creek. (2) Decreed Source: North Boulder Creek, tributary to Boulder Creek, tributary to St. Vrain Creek, tributary to the South Platte River. (3) Decreed Amount: (a) Fill and Refill. 4 cfs conditional for purposes of filling and refilling the Ponds. (b) Freshening Flow. 2 cfs conditional for providing freshening flows to the Ponds. The 2 cfs freshening flow water right is a non-consumptive water right; whenever water is being diverted thereunder at the headgate of the Ponds Diversion Structure, water shall be simultaneously released from the lowest or eastern-most of the Ponds at the same rate in cfs as the rate of diversion being made at the headgate of the Ponds Diversion Structure. (4) Appropriation Date: June 1, 1976. (5) Decreed Beneficial Uses: Piscatorial, fishing, aesthetic, wildlife, recreation, and for water stored in Pond 1, augmentation of the Pond evaporation losses. 4. Plan for Augmentation. Out-of-priority evaporation from the Ponds is covered by the augmentation plan decreed in Case No. 98CW447. As set forth in said decree, after taking into account evaporation losses from the Ponds and the credits allowed on-channel reservoirs pursuant to C.R.S. § 37-84-117(5), the difference is 4.3 acre-feet of depletion associated with evaporation from the Ponds. The sources of augmentation, including those available to the City of Boulder, and other terms and conditions are set forth more specifically in the decree and incorporated herein. 5. Use of Caribou Springs. As allowed by the decree in Case No. 98CW447, Applicant has at times ceased diversion under some or all of the water rights decreed to Caribou Spring Nos. 1 – 6, 15 and 17 to allow that water to instead flow, as it would naturally, into the Ponds and wetland complex associated with the Ponds. The aforementioned Caribou Spring water rights were originally decreed for irrigation by the District Court for Water Division No. 1 in Case Nos. W-7179 and W-7222 on March 23, 1983, all as more specifically described in the decree entered in Case No. 98CW447. 6. Claim to Make Water Rights Absolute: Ponds 1, 3, 4 and 5, the Ponds Diversion Structure and the ditch or fish channel that interconnects the Ponds Diversion Structure, Ponds

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and the returns flows to North Boulder Creek were all constructed and/or modified in 2005 consistent with the decree in Case No. 98CW447. The Ponds Diversion Structure was then used to fill the Ponds via the channel in the Fall of 2005 and has continued to fill, refill and/or provide freshening flows to the Ponds through the connecting channel. Estimated total surface area of the Ponds is 8.01 acres, with substantially less than the 142.4 acre-feet of total maximum capacity referenced in Case No. 98CW447 due to the smaller surface area of the Ponds and the shallow wetland shelves constructed along the Western perimeter of each Pond. All dam heights are 10 feet or less. The surface area of each Pond was estimated as follows: Pond 1 (1.58 ac); Pond 3 (1.65 ac), Pond 4 (2.84 ac) and Pond 5 (2.1 ac). The total existing storage above ground water level capacity for the Ponds was estimated as approximately 34.4 acre-feet based upon observations during and after construction for each Pond, and is estimated as follows for each Pond: Pond 1 (15.42 acre-feet), Pond 3 (4.13 acre-feet), Pond 4 (8.52 acre-feet) and Pond 5 (6.30 acre-feet). Applicant seeks to make the aforementioned structures absolute as constructed. Accordingly, Applicant claims Ponds 1, 3, 4 and 5 are absolute for all decreed uses for a total storage above the ground water level of 34.4 acre-feet based upon the existing condition of the Ponds, or such other amounts of storage as the Court may determine based upon additional analyses of the existing condition of the Ponds up to a total of 47.5 acre-feet. To the extent necessary, additional survey work will be completed to specify the existing dimensions and storage of the Ponds. Applicant proposes to renumber the Ponds to delete Pond 2 in any resulting decree since it was not constructed. The Ponds Diversion Structure that supplies water to the Ponds through the fish channel, including the return channel to North Boulder Creek, is also claimed absolute at the decreed rates of 4 cfs for filling and refilling the Ponds, and 2 cfs for freshening flows for the Ponds. 7. Outline of work done to complete project and apply water to beneficial use. With respect to any remaining portion of the conditional water rights decreed to the Applicant for the Ponds and/or the Ponds Diversion Structure that are not made absolute in this matter, the Applicant seeks to retain the conditional status thereof by demonstrating its reasonable diligence. Evidence of reasonable diligence includes, but is not limited to, all actions necessary to complete the construction of the Ponds and Ponds Diversion Structure, the stocking of the Ponds with trout, the ongoing operation of the Ponds and Ponds Diversion Structure, and various activities associated with creating a development known as Caribou Estates on the ranch property owned by Applicant. 8. Names and addresses of owners of land on which structures are or will be located, or upon which water is or will be placed to beneficial use: Caribou Estates, Inc., 1300 Walnut Street, Suite 200, Boulder, CO 80302. Applicant, James W. Guercio conveyed the lands to Caribou Estates, Inc., remains on the board of directors of Caribou Estates, Inc. and does hereby verify notice of this application on behalf of Caribou Estates, Inc. WHEREFORE, Applicant seeks a decree of the Court ruling that the conditional water rights described at paragraph 3, above, have been made absolute in the amounts described in paragraph 6, above, based upon the beneficial use of the actual amount of existing storage in the Caribou Ranch Trout Ponds above the groundwater level and based upon the beneficial use of diversions at the Caribou Ranch Trout Ponds Diversion Structure into the fish channel that supplies the Ponds and returns water to North Boulder Creek. To the extent that any portion of said conditional rights are not made absolute, Applicant seeks a ruling that it has demonstrated reasonable diligence with respect to such remaining conditional portions of the water rights. Applicant also requests such other and further relief as this Court deems just and proper under the circumstances. 09CW74 (95CW263). Farmers’ Pawnee Canal Company, 16911 County Road 39, Sterling, Colorado 80751 c/o Lind, Lawrence & Ottenhoff LLP, 355 Eastman Park Drive, #200, Windsor, CO, 80550 (9790)674-9888. Application to Make Absolute a Conditional Water Right and to Add Recharge Areas in LOGAN COUNTY. 2. Conditional Water Right. 2.1. Name of Structure. Farmers’ Pawnee Canal Recharge Project. 2.2. Decree. Case No. 95CW263, Water Division No. 1 (Decree). 2.3. Description of Point of Diversion. The headgate of the Farmers’

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Pawnee Canal located in the NE1/4, Section 27, Township 6 North, Range 54 West of the 6th P.M., Logan County, Colorado. 2.4. Source. The South Platte River and its tributaries. 2.5. Appropriation. December 22, 1995. 2.6. Amount. 140 c.f.s., of which 77 c.f.s. is absolute and 63 c.f.s., is conditional. 2.7. Use. Augmentation, recharge, replacement and exchange for irrigation, municipal, wildlife and wildlife recovery. 3. Outline of What Has Been Done Toward Completion. 3.1. Applicant diverted water for recharge under the Decree during the diligence period and on April 23, 2009 diverted at the maximum decreed flow rate of 140 c.f.s. The State Engineers Annual Water Diversion Report for the Pawnee Ditch Recharge Area (Structure Id 2012) reports maximum flow rate diversions of 56.50 c.f.s in 2004; 75.90 in 2005; 46.43 c.f.s in 2006 and 60.85 c.f.s in 2007. 3.2. The State Engineers Reports also records Applicant diverted 3935.26 a.f. in 2003; 4425.98 a.f. in 2004; 4805.09 a.f. in 2005; 1260.24 a.f. in 2006 and 4176.68 a.f. in 2007. 3.3. The recharge credits available at the South Platte River from recharge of the water right have been and are being used to augment depletions from the irrigation wells listed on Exhibit A to the Decree. The wells on Exhibit A are included in either Logan Well Users Inc., plan for augmentation decreed in Case No. 03CW195 or Pawnee Well Users Inc., plan for augmentation decreed in Case No. 04CW46. 3.4. Applicant has secured agreements for use of recharge areas. 4. Claim To Make Absolute. Applicant seeks a decree making the full amount of the appropriation, 140 c.f.s. described in ¶2, absolute. 5. Pursuant to ¶10 of the Decree, Applicant seeks to add recharge areas subject to the requirements of ¶11 of the Decree. The names, locations of and SDF values for the recharge areas to be added are described in Table 1 below. All recharge areas are in Logan County, Colorado. All recharge areas are supplied by the water right granted in the Decree which water is diverted into the Farmers’ Pawnee Canal and then to the recharge areas. Other water, not appropriated under the Decree, may be recharged into any of the recharge ponds but Applicant must account separately for such water. Each of the recharge areas has or will have a measuring device with a continuous recorder. Each recharge area has or will have a site survey and stage capacity curve. The accretions from each recharge area will be determined, accounted and used pursuant to the terms of the Decree.

Name of Recharge Area

Surface Acres

SDF days

Qtr-40

Qtr-160 Sec

Tnp-N

Rng-W WDID

Schott #1 South 10 150 NE SW 7 6 53 6402035 Williamson 2 160 SW NW 8 6 53 6402085 MacEndaffer West #1 10 375 NW SW 5 6 53 6402084 MacEndaffer East #2 7 200 SW NE 5 6 53 6402207 Werner #1 8 320 SW NE 28 7 53 6402219 Werner #2 10 370 NW NE 28 7 53 6402220 Werner/Amen 8 730 NW SE 21 7 53 6402208 Don Fritzler #1 10 620 SW NW 22 7 53 6402079 Don Fritzler #2 6 400 SE NW 22 7 53 None Don Fritzler #3 10 520 NE NW 22 7 53 None Fritzler/Cometto #4 8 235 NE SW 22 7 53 6402210 Don Fritzler #5 5 420 NW SW 22 7 53 None Don Fritzler #6 6 20 SE SE 27 7 53 6402011 Vandemoer 10 1037 NW NE 21 7 53 6402212 Lebsock East 4 1740 NW NE 25 8 53 6402224 Guenzi #1 5 1210 NW NW 8 8 52 None Guenzi #2 5 1400 NW NE 2 7 53 None

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09CW75 ADAMS COUNTY, APPLICATION FOR FINDING OF REASONABLE DILIGENCE CONCERNING THE APPLICATION FOR WATER RIGHTS OF EASTERN ADAMS COUNTY METROPOLITAN DISTRICT, DISTRICT COURT, WATER DIVISION 1, STATE OF COLORADO, 901 9th Street, Greeley, CO 80632. Name, address and telephone number of Applicant: Eastern Adams County Metropolitan District, c/o Mr. Mike Serra, III, 3855 Lewiston Street, Suite 100, Aurora, CO 80011, (303) 371-9000. Direct all pleadings to Christopher L. Thorne (#20003) and Leah K. Martinsson (#33170), at Holland & Hart LLP, 555 17th Street, Suite 3200, Denver, CO 80202, Phone: (303) 295-8000. Name of structure: Eastern Adams County Metropolitan District Outfall Pipeline (the “Outfall Pipeline Water Right”). Information from Previous Decree: The Outfall Pipeline Water Right was originally decreed on May 6, 2003 in Case No. 01CW307 (Water Div. 1). Legal description of point of diversion: The point of diversion is located in the NW1/4 of Section 29, Township 3 South, Range 62 West of the 6th Principal Meridian, in Adams County, more particularly described as follows: commencing at the center one-quarter corner of said section 29; thence North 00°48’52” east along the East line of the Northwest one-quarter of said section 29 a distance of 541.14 feet; thence north 89°11’08” west a distance of 1055.85 feet. Source: Wastewater collected within the regional service boundary of the District, as described in the District’s approved Wastewater Utility Plan and Site Application Report (“Site Application”), dated November 17, 2000, treated by the Applicant at the District’s Wastewater Treatment Plant (“WWTP”), and discharged from the WWTP at the location described above, tributary to Wolf Creek. Appropriation date: November 17, 2000. Amount: 7.7 c.f.s, conditional. Decreed use: Use and reuse to extinction of treated wastewater for all beneficial purposes authorized by the District’s approved service plan, including without limitation, irrigation of open space, parks, recreational and agricultural lands, domestic, industrial, municipal, power generation, fish and wildlife propagation, aesthetic, winter storage, exchange, replacement, or augmentation purposes, such uses to occur in the Wolf Creek, Kiowa Creek, Comanche Creek basins. Evidence of reasonable diligence: The conditional Outfall Pipeline Water Right is a component of an integrated water supply system operated by the District. Applicant is a special district organized and incorporated to provide water and wastewater treatment services to a thirty-six square mile area in eastern Adams and Arapahoe Counties, including the Town of Strasburg, which receives wastewater treatment services from the District. To provide services to its customers, Applicant owns and operates a water treatment, storage, and delivery system with 2,500 gpm capacity and a 300,000 gpd regional WWTP. Applicant has obtained various ground water determinations for Denver Basin ground water underlying certain lands located within the District and has obtained permits for and constructed wells to withdraw such ground water. As a part of the continuing development of the District’s overall water supply, Applicant has adjudicated the Outfall Pipeline Water Right to allow for the diversion and use of any water discharged from its WWTP and relinquished into Wolf Creek. During the diligence period, Applicant has undertaken various activities in support of the completion of appropriation of the Outfall Pipeline Water Right, including, but not limited to: Applicant has undertaken various physical improvements to the District’s water supply and sanitary sewer treatment systems, including the construction and installation of two additional

Guenzi #3 5 270 NE NE 7 6 53 None Guenzi #4 5 70 NW SW 8 6 53 None Guenzi/Vogt 7 140 NW NW 4 6 53 6402083 Mori #3 7 390 SW SW 14 7 53 None Scalva #3 5 180 SE NW 23 7 53 None Scalva #4 1 110 SW SW 23 7 53 None Kloberdanz #1 4 1670 NW SW 7 8 52 None Kloberdanz #2 2 1630 SE SE 12 8 53 None

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250,000 gallon above-ground water storage tanks, two additional Arapahoe aquifer municipal wells; 1.5 miles of additional water transmission lines, a third lift station, 1.5 miles of sanitary sewer collection mains, two metering manholes; and totalizing flow meter on the WWTP outfall. Applicant applied for and received and renewed an NPDES Permit for the discharge of treated effluent from the WWTP and Applicant installed an effluent meter at the outfall from the WWTP to measure discharges from the outfall into Wolf Creek. Current daily average flow from the WWTP to the discharge point is 100,000 gallons per day. Applicant obtained a well permit and replacement plan approval for an alluvial well, which will be used to provide an additional source of water supply to meet the District’s peak water demands. A test well has been drilled and water testing has been performed to determine that the alluvial water is suitable for municipal use. The permanent well and raw water transmission line to the treatment facility have been designed and the WWTP water well manifold has been modified to receive water from the alluvial well. Applicant has received from Arapahoe County a “finding of no significant impact” under its 1041 regulations for the construction of a raw water transmission line from its raw water supplies south of Interstate 70 to its treatment and storage facilities north of Interstate 70. Throughout the diligence period, Applicant has continued to serve the Town of Strasburg and provides service to 363 service connections lying outside the town of Strasburg and within the Coyote Ridge, Wolf Creek Run and Blackstone Ranch subdivisions. The District also provides service to two additional properties within the service area and has extended its potable water and sanitary sewer facilities to a thirty-acre commercial property in Arapahoe County. Applicant has also entered into a Connectors and Service Agreement and Dry up Covenant with a property owner within the service area to supplement the District’s ground water rights. Applicant engaged services of attorneys to provide legal advice and water rights engineering consultants in connection with Applicant’s water supply and water service, including water rights matters related to the Outfall Pipeline Water Right. Applicant’s attorneys have monitored the Water Court resume for Water Division 1 in order to advise Applicant of any filings that may result in injury to Applicant’s water rights. Applicant has expended in excess of $1,500,000.00 in connection with the above-described activities. Name and address of owner of land on which points of diversion and place of use(s) is (are) located: Pauls Development East, LLC, 3950 Lewiston Street, Suite 100, Aurora, Colorado 80011. Applicant requests the Court enter an order and decree: finding that Applicant has been reasonably diligent in the development of the conditional Outfall Pipeline Water Right; finding that the conditional Outfall Pipeline Water Right is continued in full force and effect; finding that the Outfall Pipeline Water Right is part of an integrated water supply system and that diligence with respect to any one component of the integrated water supply system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of Applicant’s integrated water supply system pursuant to C.R.S. § 37-92-301(4)(b). 09CW76 CENTENNIAL WATER AND SANITATION DISTRICT, c/o John D. Hendrick, General Manager, 62 West Plaza Drive, Highlands Ranch, Colorado 80129, (303) 791-0430 (Veronica A. Sperling, Buchanan and Sperling, P.C., 7703 Ralston Road, Arvada, Colorado 80002, (303 431-9141) in ADAMS, ARAPAHOE, DENVER, DOUGLAS AND JEFFERSON COUNTIES. 2. Name of structure: Chatfield Reservoir. 3. Describe conditional water right giving the following from the Referee’s Ruling and Judgment and Decree: A. Date of Original Decree: March 29, 1989. Case No.: 83CW184. Court: District Court, Water Division No. 1. Decrees finding reasonable diligence entered February 13, 1996, in Case No. 95CW111, District Court, Water Division No. 1 and April 24, 2003, in Case No. 02CW41, District Court, Water Division No. 1. B. Location: Chatfield Reservoir: The reservoir formed by the Chatfield Dam, an existing structure located on the mainstem of the South Platte River; the right abutment of which is located in Douglas County, Colorado, in Sections 6 and 7, Township 6 South, Range 68 West, of the 6th P.M. and the left abutment of which is located in Jefferson County, Colorado, in Section

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1, Township 6 South, Range 69 West, of the 6th P.M. C. Source: The South Platte River and tributaries. D. Appropriation date: August 24, 1984; Amount: 4,100 acre-feet, CONDITIONAL, of the 26,400 acre feet per year decreed in Case No. 83CW184. E. Use: Augmentation, replacement, exchange, irrigation, commercial, industrial, recreation, municipal, domestic and all other beneficial uses. F. Depth (if well): Not applicable. 4. Provide a detailed outline of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Centennial acquired the subject conditional water right from the Central Colorado Water Conservancy District and Groundwater Management Subdistrict of the Central Colorado Water Conservancy District (collectively “Central”) by special warranty deed dated May 15, 2005 and recorded May 19, 2005 in the Douglas County real property records at Reception No. 2005044600. Since the date of its acquisition of the subject conditional water right, Centennial has taken the following actions toward completion of the subject conditional water right: A. Centennial has continued to engage in efforts to obtain the reallocation of storage space in Chatfield Reservoir from flood control to multipurpose use, including municipal storage. Centennial has participated in reallocation discussions and activities with the U.S. Army Corps of Engineers (“COE”), the Colorado Water Conservation Board (“CWCB”), the Colorado Division of Parks and Outdoor Recreation, the Colorado Division of Wildlife, the State Engineer’s Office, the Denver Water Board, and others. The Legislature in 1997 authorized use of up to $300,000 from the CWCB construction fund to cooperate with the COE, interested local governments and other water users in a reconnaissance study for the potential reallocation of flood control storage space to municipal water supply storage in Chatfield Reservoir. In 1998, the Legislature authorized use of up to $500,000 from the CWCB construction fund to cooperate with the COE, interested local governments and other water users in a Feasibility Report and Environmental Impact Study (FR/EIS) for the potential reallocation of flood control storage space to municipal water supply storage in Chatfield Reservoir. Expenditure of these funds was contingent upon execution of a cost share agreement for funding and implementation of a formal feasibility study. The CWCB executed a Feasibility Cost Share Agreement with the COE on September 2, 1999. On March 3, 2005, Centennial signed a Letter of Commitment with the CWCB, receiving an allocation of 4,100 acre feet of space in Chatfield Reservoir if the proposed reallocation of 20,600 acre feet is allowed by the COE. Centennial is one of 16 entities who signed Letters of Commitment with the CWCB. Since May 15, 2005, there has been a continuation of the technical and environmental studies being conducted under the Feasibility Cost Share Agreement between the CWCB and the COE. The studies were authorized in Section 808 of the Water Resources Development Act of 1986, Public Law 99-662. The studies completed since 1999 have had a total expenditure to date of $4,960,000 involving a 50:50 local/federal cost share. Centennial’s cash payments towards these expenses, paid since May 15, 2005, have been $102,500 paid on June 15, 2005 and $41,000 paid on December 13, 2006. The expenditures by the CWCB for the FR/EIS studies total approximately $1,700,000. As part of the FR/EIS studies, the COE completed a study on February 16, 2006, called the Chatfield Reservoir Antecedent Flood Study, concluding that 20,600 acre feet of storage space can be reallocated from flood control to multipurpose uses, including water supply, without compromising the flood control function of Chatfield Reservoir. Centennial has actively monitored and participated in the FR/EIS studies, attending over 100 meetings since May 15, 2005. Centennial is a cooperating agency providing information to and commenting on preliminary drafts of the FR/EIS study documents. Centennial has participated in the funding of additional consultants to complement the FR/EIS studies. Centennial’s contribution to these efforts has been $22,735 in 2007, $53,355 in 2008 and $77,767 in 2009. In addition, Centennial has twice increased the size of its storage space allocation through the acquisition of redistributed allocations of others in accordance with the process outlined in the Letter of Commitment. These transactions and expenses included acquiring approximately 54 acre feet in March 2007 at an expense of $23,000 and acquiring 1,100 acre feet in May 2008 at an expense of $770,000. These

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transactions bring Centennial’s storage space allocation in Chatfield Reservoir to 5,253.9 acre feet on its own and an additional allocation of 487.2 acre feet through its participation in the South Metropolitan Water Supply Authority, resulting in a total allocation of 5,741.1 acre feet, if the proposed reallocation of 20,600 acre feet is allowed by the COE. On January 22, 2009, Centennial and the other 14 entities requesting reallocated storage space in Chatfield Reservoir received the approval of a policy exception from Mr. John Paul Woodley, the Assistant Secretary of the Army. The exception makes an adjustment to the cost of storage calculation that applies to the Chatfield reallocation project reducing the required payment from all entities from a previous $34,000,000 to $14,000,000. A Centennial representative played a central role in obtaining this policy exception. B. Centennial, together with the Center of Colorado Water Conservancy District, obtained a decree on April 23, 2007, in Case No. 05CW111, District Court, Water Division No. 1, changing certain water rights to new uses and to new places of storage, including Chatfield Reservoir. C. Since May 15, 2005, Centennial has expended more than $27,100,000 on the continuing development of its municipal water system and water rights, including the development of facilities necessary to utilize water stored under the subject conditional water right. These expenditures include expenditures associated with Centennial’s water treatment and wastewater treatment plants, water and wastewater pipelines, groundwater wells, raw water storage facilities and miscellaneous water infrastructure. D. Since May 15, 2005, Centennial has continued to participate in the Chatfield Basin Authority, formed under authority of the Denver Regional Council of Governments. The Authority has initiated water quality related studies and is developing land management plans to protect the quality of inflows to Chatfield Reservoir. Centennial’s participation is for the purpose of protecting the quality of water diverted to its municipal system at Chatfield Reservoir, including water that will be stored in the future under the subject conditional water right. E. Since May 15, 2005, Centennial has continued to participate in the Upper South Platte Watershed Protection Association. Centennial is in the Members class of the Association, with full voting rights and dues obligations. The Association was formed in 1998 with the purpose of maintaining or improving water quality and related resources within the South Platte watershed above Strontia Springs dam. Strontia Springs dam is upstream of Chatfield Reservoir. Centennial’s participation in the Association is for the purpose of protecting the quality of water diverted to Centennial’s municipal system at Chatfield Reservoir, including water that will be stored in the future under the subject conditional water right. F. Since May 15, 2005, Centennial has participated in numerous Water Court cases to protect the subject conditional water right from injury and has expended in excess of $200,000 in such cases during the diligence period. Prior to conveyance of the subject conditional water right to Centennial and since that time, Central has taken the following actions, among others, toward completion of the subject conditional water right: Central is one of the water users who participated in the efforts described in paragraph 4.A. above to obtain reallocation of storage space in Chatfield Reservoir from flood control to multipurpose use. On March 3, 2005, Central signed a Letter of Commitment with the CWCB for an allocation of storage space in Chatfield Reservoir. Central is a cooperating agency, has provided information for the FR/EIS studies and has provided comments to draft documents. Central has contributed $71,225 in 2005 and $28,490 in 2006 for the local match of the FR/EIS study. Central also has contributed to using the services of consultants complementing the FR/EIS studies. Central’s contributions have been $18,011 in 2007, $37,066 in 2008 and $42,170 in 2009. 5. If claim to make absolute - Water applied to beneficial use: Not applicable. WHEREFORE, Centennial requests the Court to enter a decree finding that Centennial has proceeded with reasonable diligence toward the completion of the appropriation of the subject conditional water right and continuing the subject conditional water right in full force and effect for an additional diligence period. 09CW77 Aggregate Industries-WCR, Inc., 1707 Cole Blvd., Ste. 100, Golden, Colorado 80401 (c/o Timothy J. Flanagan, 1640 Grant Street, Denver, Colorado 80203).

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CONCERNING THE APPLICATION FOR THE WATER RIGHTS OF AGGREGATE INDUSTRIES-WCR, INC., A COLORADO CORPORATION IN ADAMS COUNTY. Name of Structure: Rogers Reservoir. Legal Description: The reservoir is located in the Northeast Quarter of Section 1, Township 1 South, Range 67 West of the 6th P.M., and the Southwest Quarter of the Northwest Quarter of Section 6, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Date Entered by the Water Court: May 3, 1995 (by the Referee on April 7, 1995), Case No. 92-CW-022, Water Division No. 1. Decreed Point of Diversion: The reservoir will be filled from either or both of the following points of diversion: In the Southwest Quarter of the Northwest Quarter of Section 6, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado, at a point 2300 feet South and the 500 feet East of the Northwest Corner of said section. In the Northeast Quarter of the Northeast Quarter of Section 1, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado at a point 1,000 feet South and 50 feet West of the Northeast Corner of said section. Source: South Platte River. Date of appropriation: September 20, 1991. Amount claimed: 2,500 acre-feet conditional, with one right to refill, and a rate of diversion of 100 c.f.s. conditional. Historic use: Not applicable; conditional storage right in gravel pit which is being mined. OUTLINE OF EFFORTS TOWARD COMPLETION OF THE APPROPRIATION: The conditional storage right decreed in Case No. 92-CW-022 was originally awarded to Jack Rogers and Gwenne Rogers who operated a gravel pit in the NE1/4, Sec. 1, T1S, Range 66 West of the 6th P.M. and the SW1/4 of the NW1/4 of Sec. 6, T1S, Range 66 West of the 6th P.M. in Adams County. On or about February 2000, Jack and Gwenne Rogers, who operated the business known as Tucson Resources, Inc., conveyed the subject property along with the conditional storage decree in Case No. 92-CW-022 to CAMAS Colorado, Inc., an Indiana corporation which was subsequently merged into Aggregate Industries - WCR, Inc., a Colorado corporation, on or about September 28, 2000 Jack Rogers passed away. The total consideration for the entire transaction was approximately $5.0 million (including equipment). When the property was conveyed to the Applicant, it was the subject of a condemnation proceeding by a municipality which sought to acquire the excavated gravel mine and convert it to water storage. That case is styled City of Thornton v. CAMAS Colorado, Inc., an Indiana Corporation, as successor to Tucson Resources, LLC, a Colorado Limited Liability Company; Colorado Business Leasing, Inc.; Judith A. Kahle, as Public Trustee of Adams County, Colorado; Helen L. Hill, as Treasurer of Adams County, Colorado; and Any and All Persons Who May Claim an Interest in the Subject Matter of this Action, Case No. 99-CV-1197. The Applicant spent approximately $30,000 in attorneys’ fees and litigation expenses defending its interest in that property as well as the associated conditional decree. The condemnation action was resolved by conveying to the City of Thornton an option to purchase a lined storage facility in December 2000. Thornton must exercise its option on or before December 2002 and that option was exercised, but the sale has not yet closed. A water court proceeding was commenced and prosecuted to conclusion in Case No. 01CW009 to change the design standard for the slurry wall. A decree entered in that case on October 9, 2002 which requires compliance with the “State Engineer’s Guidelines for Lining Criteria for Gravel Pits” (August 1999).CURRENT DILIGENCE PERIOD (5/03 – 5/09) A slurry wall was designed and installed to separate the excavated gravel pit from the groundwater in the alluvial at a cost of approximately $800,000. Mining of the gravel reserve has been continuous, but the rate of excavation depends upon market conditions which the Applicant can’t control. Currently the aggregate reserve at this location is approximately 90% mined. It is anticipated that mining will be completed in first quarter of 2010. The Applicant has spent approximately $1.7 million to complete reservoir (excluding slurry wall) and expects to incur another $1.1 million to complete the storage facility. Reclamation activities have commenced to construct the interior side slopes, prepare the foundation, truck roll and trim the slopes and revegetable. It is currently anticipated that after completion of interior grading and the completion of State Engineer supervised testing of the slurry wall, the storage vessel can be turned over to the City of Thornton in accordance with the

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parties Option Agreement by the second quarter of 2010. A survey of the finished capacity and an area-capacity-curve will be completed as part of the final post-mining reclamation activities. NAME AND ADDRESS OF OWNER OF LAND ON WHICH STRUCTURE IS TO BE LOCATED: Aggregate Industries - WCR, Inc., 1707 Cole Blvd., Suite 100, Golden, CO 80401

09CW78 ARAPAHOE COUNTY. South Suburban Park and Recreation District, 6631 South University Boulevard, Littleton, Colorado 80121; Telephone: (303) 798-5153, c/o Evan D. Ela, Collins Cockrel & Cole, P.C., 390 Union Boulevard, Suite 400, Denver, Colorado 80228 (303) 986-1551; APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE ON DECREED CONDITIONAL WATER RIGHTS AND TO MAKE CERTAIN CONDITIONAL WATER RIGHTS ABSOLUTE. 2. Name of Structures: a. Cherry Knolls Park diversion system; b. deKoevend Park diversion system; c. Regional Park No. 1 diversion system; d. Regional Park No. 2 diversion system; e. Progress Park Pond No. 1; f. Progress Park Pond No. 2. 3. Description of conditional water rights as to each structure, giving the following from the Findings of Fact, Conclusions of Law, and Decree: a. Original Decree: November 1, 1993, Case No. 92CW166, District Court, Water Division 1, State of Colorado, Findings of Fact, Conclusions of Law, Judgment and Decree. b. Most Recent Diligence Decree: June 9, 2003, Case No. 99CW193, District Court, Water Division 1, State of Colorado, Findings of Fact, Ruling of the Referee, Judgment and Decree, by which a 0.13 cfs of the Regional Park No. 1 diversion system water right was confirmed absolute. c. Locations: (i) Cherry Knolls Park diversion system. On the north bank of Big Dry Creek in Section 25, Township 5 South, Range 68 West of the 6th P.M. at a point located approximately 1,400 feet from the west section line of Section 25, and 1,600 feet from the south section line of Section 25. (ii) deKoevend Park diversion system. On the south bank of Big Dry Creek in Section 24, Township 5 South, Range 68 West of the 6th P.M., at a point located approximately 600 feet from the west section line of Section 24, and 1,100 feet from the south section line of Section 24. (iii) Regional Park No. 1 diversion system. On the south bank of Big Dry Creek in Section 15, Township 5 South, Range 68 West of the 6th P.M., at a point 150 feet from the west section line of Section 15 and 950 feet from the north section line of Section 15. (iv) Regional Park No. 2 diversion system. On the north bank of Big Dry Creek in Section 15, Township 5 South, Range 68 West of the 6th P.M., at a point 150 feet from the west section line of Section 15 and 950 feet from the north section line of Section 15. (v) Progress Park Pond No. 1. In the Northeast 1/4 of the Northeast 1/4 of Section 16, Township 5 South, Range 68 West of the 6th P.M., at a point 650 feet from the east section line of Section 16 and 450 feet from the north section line of Section 16. (vi) Progress Park Pond No. 2. In the Northeast 1/4 of the Northeast 1/4 of Section 16, Township 5, Range 68 West of the 6th P.M., at a point 400 feet from the east section line of Section 16 and 400 feet from the north section line of Section 16. (vii) Progress Ponds Exchange. From Progress Park Ponds No. 1 and No. 2 to the Cherry Knolls Park diversion system and the deKoevend Park diversion system, all locations described in the paragraphs above. (viii) Englewood Wells Exchange. 20 acre-feet from Arapahoe Aquifer Well Nos. LA-8 and UA-8 owned by the City of Englewood and decreed in Case No. 89CW061, to the Cherry Knolls Park diversion system, Regional Park No. 1 diversion system, Regional Park No. 2 diversion system, Progress Park Pond No. 1, and Progress Park Pond No. 2. Well Nos. LA-8 and UA-8 are to be located in the Northwest 1/4 of the Southeast 1/4 of Section 9, Township 5 South, Range 68 West of the 6th P.M., at a point approximately 1,400 feet north of the south section line and 1,550 feet west of the east section line of Section 9. d. Remaining Conditional Amounts: (i) Cherry Knolls Park diversion system. 1.0 cfs CONDITIONAL. (ii) deKoevend Park diversion system. 0.75 cfs CONDITIONAL. (iii) Regional Park No. 1 diversion system. 1.87 cfs CONDITIONAL. (iv) Regional Park No. 2 diversion system. 2.0 cfs CONDITIONAL. (v) Progress Park Pond No. 1. 9.0 acre-feet, CONDITIONAL. Off-channel diversion rate for filling – 2.0 cfs through the Regional Park No. 1 diversion system. (vi) Progress Park Pond No. 2. 5.0 acre-feet,

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CONDITIONAL. Off-channel diversion rate for filling – 2.0 cfs through the Regional Park No. 2 diversion system. (vii) Progress Ponds Exchange. 1.0 cfs, CONDITIONAL. (viii) Englewood Wells Exchange. 1.0 cfs, CONDITIONAL. e. Source: Big Dry Creek, a tributary of the South Platte River, except that the source of Well Nos. LA-8 and UA-8 noted in the Englewood Wells Exchange is the Arapahoe Aquifer of the Denver Basin. f. Appropriation Date: September 11, 1991. g. Uses: Municipal within the present jurisdictional boundaries of the Applicant, domestic, irrigation (including irrigation of parks and medians), recreation, fish and wildlife propagation and maintenance, fire protection, augmentation, and storage. 4. Perfection of Water Rights by Application of Water to Beneficial Use: At times during the relevant diligence period, South Suburban has diverted and used water in the exercise of certain of the subject water rights. The maximum amount and rates diverted, and the dates on which the diversions were made, are described below: a. Regional Park No. 1 diversion system (direct flow). At various times during 2007 and 2009, South Suburban diverted up to 1.5 cfs in the exercise of this conditional water right, in priority, from Big Dry Creek. The water diverted was thereafter beneficially used for irrigating Cornerstone Park, thereby resulting in the perfection of 1.37 cfs of the 1.87 cfs that remained conditionally decreed for this water right. b. Progress Park Pond No. 1 (storage). During the period of April 20-21, 2007, South Suburban diverted 1.5 cfs in the exercise of this conditional water right, in priority, from Big Dry Creek to fill Progress Park No. 1, thereby resulting in the perfection of 4.375 ac-ft of the 9.0 ac-ft that remained conditionally decreed for this water storage right and in the perfection of 1.5 cfs of the 2.0 cfs conditional diversion right for filling said storage structure. The water stored was thereafter beneficially used for irrigating Cornerstone Park and to offset evaporation. 5. Outline of the work done during the diligence period for completion, or toward completion, of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: South Suburban spent in excess of $5.4 million for continued improvement of, and maintenance of, its recreational park properties that are benefited by its Big Dry Creek raw water system. In addition, South Suburban has incurred engineering and legal costs related to protection of its water rights, including the water rights that are the subject of this application. Such capital improvement, maintenance and other costs have contributed to the completion of the appropriations and application of water to the beneficial uses conditionally decreed in Case No. 92CW166, including the following specific activities: a. During the relevant diligence period, South Suburban invested $543,873 in capital improvements to Cherry Knolls Park. b. During the relevant diligence period, South Suburban invested $330,532 in capital improvements to Cornerstone Park. c. During the relevant diligence period, South Suburban invested $551,912 in capital improvements to deKoevend Park. d. During the relevant diligence period, South Suburban invested $134,878 in capital improvements to Progress Park. e. During the relevant diligence period, South Suburban invested in excess of $1,073,913 in maintenance of its facilities located in Cherry Knolls Park. f. During the relevant diligence period, South Suburban invested in excess of $1,182,531 in maintenance of its facilities located in Cornerstone Park. g. During the relevant diligence period, South Suburban invested in excess of $1,072,846 in maintenance of its facilities located in deKoevend Park. h. During the relevant diligence period, South Suburban invested in excess of $511,471 in maintenance of its facilities located in Progress Park. i. During the relevant diligence period, South Suburban has incurred in excess of $115,000 in legal and engineering costs associated with acquisition, development, protection and adjudication of its water rights. 6. Name(s) and Address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: All lands affected by installation of new diversion or storage structures, or the modification of existing diversion or storage structures, are owned by the Applicant. 7. Other Information: The source of substitute supply for the Englewood Wells Exchange was to be derived from that certain Intergovernmental Agreement (“IGA”) dated January 28, 1992 between the Applicant and the

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City of Englewood. Since the most recent diligence decree, the parties to said IGA have agreed to terminate the IGA on the condition that a 3-inch water tap be issued by the City of Englewood to the Applicant for supplying a portion of the Applicant’s Cornerstone Park property. As of the date of this application, the tap connection has been purchased, but not connected. At such time as the tap is connected and water service made available (likely to occur during the pendency of this matter), the Applicant will abandon its appropriative right for the Englewood Wells Exchange as a term in the final decree in this matter. WHEREFORE, Applicant respectfully requests a judgment and decree from this Court that: 1. Confirms perfection of the absolute water right claims contained herein. 2. Makes findings of reasonable diligence toward perfection of the conditional portions of the water rights claimed herein and continues such conditional water rights for another diligence period. 3. Such other relief as the Court appropriate. (8 pages)

09CW79 CHURCH RANCH LAND COMPANY, 10050 Wadsworth Blvd., Westminster, CO 80021 (303) 469-2534, through their attorneys: Petrock & Fendel, P.C., James J. Petrock, 700 17th St., #1800, Denver, CO 80202, (303) 534-0702. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. IN JEFFERSON COUNTY. 2. Decree Information: Decreed on June 9, 2003, in Case No. 2000CW256, District Court, Water Division 1. 3. Name and location of structures: A. Walnut Creek Pond Diversion, located on the south side of Walnut Creek, in the NE1/4NE1/4 of Section 14, T2S, R69W of the 6th P.M., at a point approximately 100 feet from the east and 200 feet from the north section line of said Section 14. B. Walnut Creek Pond, located off channel in the NW1/4NW1/4 of Section 13, T2S, R69W of the 6th P.M., whence the center of said reservoir is located at a point approximately 150 feet from the west and 700 feet from the north section lines of said Section 13. 4. Source of water: A. Walnut Creek Pond Diversion: Walnut Creek. B. Walnut Creek Pond: Walnut Creek, through the Walnut Creek Pond Diversion described above, and nontributary groundwater in the Lower Arapahoe and Laramie-Fox Hills aquifers as decreed in Case No. 99CW063, District Court, Water Division 1. 5. Date of appropriation: June 30, 1992 for each right. 6. Amount of water claimed: A. Walnut Creek Pond Diversion: 0.75 cfs (conditional). B. Walnut Creek Pond: 15 acre-feet (conditional). 7. Uses: Irrigation, storage for fish and wildlife, recreational, and piscatorial (conditional). 8. This Application for Finding of Reasonable Diligence is filed pursuant to the Water Right Determination and Administration Act of 1969, §37-92-302, C.R.S. During this diligence period, in continuing the development of the conditional water rights, Applicant has been engaged in the legal defense and protection of said water rights and has been diligent in the continued development of the water rights involved. The following provides a summary description of activity by Applicant in development of the conditional water rights: A.The land on which the Walnut Creek Pond will be constructed is owned by the City of Westminster. Applicant has obtained approval from the City of Westminster for construction of the pond, and is in the process of obtaining an agreement for ingress and egress to the site for construction. B. Applicant has continued with planning and engineering with Martin Martin Consulting and Engineering associated with the pond design and construction, and has been in discussions with Kelly Trucking and Excavating concerning site evaluation and excavation of the pond. C. The work and expenditures listed above are illustrative and not exhaustive. Additional work and additional or revised expenditures may be claimed in support of this application. 9. Owner of land on which new facilities will be built or water impounded: City of Westminster, 4800 West 92nd Avenue, Westminster, CO 80030. WHEREFORE, Applicant prays that this Court enter a decree finding that Applicant has exercised reasonable diligence in the development of the remaining conditional water rights, and for such other and further relief as this Court deems just and proper in the premises. 09CW80 IN THE MATTER OF THE APPLICATION OF SANDCASTLE DEVELOPMENT 1, LLC IN EL PASO COUNTY. APPLICATION FOR

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ADJUDICATION OF DENVER BASIN GROUND WATER AND FOR APPROVAL OF PLAN FOR AUGMENTATION. I. NAME, ADDRESS AND TELEPHONE NUMBER OF APPLICANT. Sandcastle Development 1, LLC, c/o John Besancon, 5350 Tomah Dr., Suite 1000, Colorado Springs, CO 80918, 719-594-4800. Name, Address and Telephone Number of Applicant’s Attorneys. FELT, MONSON & CULICHIA, LLC, Michael J. Gustafson, #37364, 319 N. Weber St., Colorado Springs, CO 80903, (719) 471-1212. II. APPLICATION FOR ADJUDICATION OF DENVER BASIN GROUND WATER RIGHTS A. Property Description. All wells will be located on a 35 acre parcel of land in the Southeast Quarter of Section 2, Township 12 South, Range 66 W, 6th P.M. (“Applicant’s Property”). Applicant intends to develop a seven lot subdivision on Applicant’s Property. Applicant’s Property is generally shown on the attached Exhibit A map and the legal description is provided on Exhibit B. B. Future Wells. Up to seven wells will be drilled into the not-nontributary Dawson aquifer underlying Applicant’s Property. Wells may also be drilled into the not-nontributary Denver and Arapahoe aquifers. Well permit applications for the wells to be drilled pursuant to this application and subsequent decree will be applied for prior to drilling wells into the Denver Basin aquifers which are the subject of this application. No exact location is requested for the proposed wells, as that information will be provided when the well permit applications are submitted. Upon approval of the plan for augmentation requested herein, these wells will be permitted under C.R.S. §37-90-137 for operation under the plan for augmentation. C. Water Source. 1. Not-nontributary. The ground water that will be withdrawn from the Dawson, Denver, and Araphoe aquifers of the Denver Basin underlying Applicant’s Property is not-nontributary. The Denver and Arapahoe aquifers underlying Applicant’s Property are more than one mile from any point of contact between any natural stream, including its alluvium. Pursuant to C.R.S. §37-90-137(9)(c), the augmentation requirements for wells in the Dawson aquifer will require the replacement of actual stream depletions to the extent necessary to prevent any injurious effect and the augmentation requirements for wells into the Denver and Arapahoe aquifers will require the replacement to the effected stream system of a total amount of water equal to 4 percent of the water withdrawn on an annual basis. 2. Nontributary. The ground water in the Laramie-Fox Hills aquifer of the Denver Basin underlying Applicant’s Property is nontributary. D. Estimated Rates of Withdrawal and Ground Water Available. 1. Estimated Rates of Withdrawal. The pumping rates for the wells to be completed to each aquifer are estimated to be between 15 g.p.m. and 100 g.p.m. The actual pumping rate for each well will vary according to aquifer conditions and well production capabilities. The Applicant requests the right to withdraw ground water at rates of flow necessary to withdraw the entire decreed amounts, which may be less than or exceed the above estimates. The actual depth of each well to be constructed within the respective aquifers will be determined by actual aquifer conditions. 2. Estimated Average Annual Amounts of Ground Water Available. Applicant requests an absolute water right for the withdrawal of all legally available ground water in the Denver Basin aquifers underlying Applicant’s Property. Said amounts may be withdrawn over the 100-year life of the aquifers as set forth in C.R.S. §37-90-137(4), but for the purposes of this Application, withdrawals must be limited to the 300-year subdivision water supply requirements of El Paso County. The estimated average annual amounts of ground water available for withdrawal from the underlying Denver Basin aquifers will be based upon the Denver Basin Rules. Applicant estimates that the following values and average annual amounts are representative of the Denver Basin aquifers underlying Applicant’s Property of approximately 35 acres as follows:

Saturated Aquifer Total Water Annual Average Thickness Depth Adjudicated Withdrawal Aquifer (Feet) (Feet) (Acre Feet) (Acre Feet)* Dawson 260 600 1,820 6.06

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Denver 520 1500 3,090 10.30 Arapahoe 230 2000 1,370 4.56 Laramie Fox Hills 188 2800 990 3.30 *Based upon a 300 year aquifer life. Pursuant to C.R.S. §37-92-304(11), the Applicant requests that the Court retain jurisdiction to finally determine the amount of water available for appropriation and withdrawal from each aquifer. E. Requested Uses. The Applicant requests the right to use the ground water for all beneficial uses including, without limitation, domestic, commercial, industrial, irrigation, stock water, recreation, fish and wildlife propagation, fire protection, central water supply for such uses and also for exchange, augmentation, aquifer recharge and replacement purposes. The Applicant also requests that the nontributary water may be used, reused, and successively used to extinction, both on and off Applicant's Property subject, however, to the relinquishment of the right to consume no more than two percent of such nontributary water withdrawn. Applicant may use such water by immediate application or by storage and subsequent application to the beneficial uses and purposes stated herein. Provided, however, Applicant shall only be entitled to construct a well or use water from the not-nontributary Dawson, Denver, or Arapahoe aquifers pursuant to a decreed augmentation plan entered by this Court, covering the out-of-priority stream depletions caused by the use of such not-nontributary aquifers in accordance with C.R.S. §37-90-137(9)(c). F. Well Fields. Applicant requests that it be permitted to produce the full legal entitlement from the Denver Basin aquifers underlying Applicant’s Property through any combination of wells. Applicant requests that these wells be treated as a well field. Applicant requests that it be entitled to withdraw an amount of ground water in excess of the average annual amount decreed to the aquifers beneath Applicant’s Property, so long as the sum of the total withdrawals from all the wells in the aquifers does not exceed the product of the number of years since the date of issuance of the original well permit or the date of entry of a decree herein, whichever comes first, multiplied by the average annual volume of water which the Applicant is entitled to withdraw from the aquifers underlying Applicant’s Property. G. Name and Address of the Owner of the Land Upon Which the Wells are to be Located. The Applicant, as set forth in Section I above, is the owner of Applicant’s Property, on which the wells are to be located. III. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. A. Name of Structures to be Augmented. The structures to be augmented consist of up to seven wells to be completed in the not-nontributary Dawson, Denver and/or Arapahoe aquifers of the Denver Basin underlying Applicant’s Property, including any replacement wells. Applicant requests the right to have a central well system as an alternative for all or part of the water allotment for the individual wells. B. Water Rights to be Used for Augmentation. The water rights to be used for augmentation during pumping are the return flows of the not-nontributary Dawson, Denver, and/or Arapahoe aquifer wells to be pumped as set forth in this plan for augmentation, together with water rights from the nontributary Laramie-Fox Hills aquifer for post pumping depletions. C. Statement of Plan for Augmentation. Applicant wishes to provide for the augmentation of stream depletions caused by pumping the not-nontributary Dawson, Denver, and/or Arapahoe aquifer wells proposed herein for up to seven residential lots. 1. Diversions. Seven augmented wells are to be used for the water supply for up to seven single family residences and other uses as stated herein upon Applicant’s Property including irrigation of lawns, gardens and landscaping. The maximum annual pumping from each well for these uses shall be approximately 0.46 acre feet per year and a total of approximately 3.22 acre feet for all seven wells annually. The diversion and depletions numbers are approximate and may vary based on final water availability. 2. Depletions. The Applicant’s consultant has operated the State Engineer’s Denver Basin Groundwater Flow Model for the determination of stream depletions from Dawson aquifer well pumping. The actual stream depletions during the plan term under such model are a maximum of approximately 24.00 percent of the Dawson aquifer well pumping, assuming 300 years of withdrawal under this plan. The

37

actual stream depletions associated with the Dawson aquifer will therefore be a maximum of approximately 0.11 annual acre feet per lot with a total stream depletion under this plan of approximately 0.77 annual acre feet for all seven lots. Attached hereto as Exhibit C are the ground water flow model Dawson aquifer stream depletion factors. To the extent Applicant utilizes ground water in the Denver and/or Arapahoe aquifers, 4 percent of the water withdrawn on an annual basis shall be replaced to the effected stream system. 3. Replacement. Applicant’s augmentation water during the plan term will consist of septic return flows from in-house use. Waste water from the in-house residential uses will be disposed of through non-evaporative septic systems that are determined to have return flows to the tributary stream system of 90 percent of the in-house residential pumping of 0.3 annual acre feet per residence. Therefore, return flows total 0.27 annual acre feet per residence, and 1.89 annual acre feet for all seven residences. These return flows during the period of the plan will augment the tributary stream system in an amount greater than the maximum actual stream depletion amount from the Dawson aquifer of 0.77 annual acre feet. For the Denver and Arapahoe aquifers, the 4 percent replacement requirement which totals approximately 0.13 annual acre feet for all seven lots is exceeded by septic return flow replacement water. Therefore, Applicant’s septic return flows will prevent material injury to other vested water rights. Applicant believes that fifteen percent of irrigation water would accrue to the stream as return flows which could be used for additional augmentation. Applicant does not at this time, claim the irrigation return flows as part of this augmentation plan, but Applicant preserves its claim to those return flows and does not waive its rights or claims thereto. D. Augmentation for Post Pumping Depletions. For the replacement of post-pumping depletions, Applicant will reserve up to 970 acre feet of water from the nontributary Laramie-Fox Hills aquifer underlying Applicant’s Property, less the amount of actual stream depletions replaced during the plan pumping period. Applicant also reserves the right to substitute other legally available augmentation sources for such post pumping depletions upon further approval of the Court under its retained jurisdiction. Even though this reservation is made, Applicant claims that post pumping depletions will be noninjurious and do not need to be replaced. Under the court’s retained jurisdiction, Applicant reserves the right in the future to prove that post pumping depletions will be noninjurious. The reserved nontributary water will be used to replace any injurious post-pumping depletions and a well may be drilled into the Laramie-Fox Hills aquifer for that purpose. Upon entry of a decree in this case, the Applicant will be entitled to file for and receive well permits for up to seven Dawson, Denver Arapahoe aquifer wells for the uses in accordance with this Application. E. Filing in Both Water Divisions. This Application is being filed in both Water Divisions 1 and 2 because Dawson aquifer depletions will occur in both divisions. The return flows set forth above will accrue to only the Arkansas River system where most depletions occur. Applicant requests that the total amount of depletions to both the South Platte River and the Arkansas River systems be replaced to the Arkansas River as set forth herein, and for a finding that those replacements are sufficient. F. Remarks. Additional remarks are as follows: 1. Applicant requests a finding that they have complied with C.R.S. §37-90-137(4), and that the ground water requested herein is legally available for withdrawal by the requested not-nontributary wells upon the entry of a decree approving an augmentation plan pursuant to C.R.S. §37-90-137(9)(c). 2. The term of this augmentation plan is for 300 years, however the length of the plan for a particular well or wells may be extended beyond such time provided the total plan pumping allocated thereto is not exceeded. Post pumping stream depletions accrue to a particular well or wells only to the extent related to that well’s actual pumping. 3. The Court will retain jurisdiction over this matter to provide for the adjustment of the annual amount of ground water withdrawals to be allowed in order to conform to actual local aquifer characteristics from adequate information obtained from well drilling or test holes. 4. Before any wells are constructed, applications for well permits will be filed with the State Engineer's office, and well permits shall be granted in accordance with the decree pursuant to this application. 5. The Applicant requests a finding that vested water rights of others will not be materially injured by the

38

withdrawals of ground water and the proposed plan for augmentation. 6. The wells shall be installed and metered as reasonably required by the State Engineer. Each well must be equipped with a totalizing flow meter and Applicant shall submit diversion records to the Division Engineer on an annual basis or as otherwise requested by the Division Engineer. The Applicant shall also provide accountings to the Division Engineer and Water Commissioner as required by them to demonstrate compliance under this plan of augmentation. 7. The Applicant intends to waive the 600 feet well spacing requirement for any wells to be located upon Applicant’s Property. 8. Applicant will comply with any lienholder notice provisions set forth in C.R.S. §37-92-302(2)(b) and §37-90-137(4)(b.5)(I), and such notice will be sent within 10 days of the filing of this application. 09CW81 Central Colorado Water Conservancy District and Ground Water Management Subdistrict of the Central Colorado Water Conservancy District (“Central”), 3209 West 28th Street, Greeley, Colorado 80631, Telephone: (970) 330-4540 (P. Andrew Jones, #29076, Lind, Lawrence & Ottenhoff LLP, 355 Eastman Park Drive, Suite 200, Windsor, CO 80550, 970-674-9888) APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN ADAMS, ARAPAHOE, DENVER, DOUGLAS AND JEFFERSON COUNTIES. 2. Name of Structure: Chatfield Reservoir. 3. Conditional Water Right: a. Original Decree: Entered in Case No. 83-CW-184, March 29, 1989, Water Court, Water Division No 1. Diligence decreed in Case No. 95CW111, February 13, 1996, Water Court, Water Division No. 1. Diligence decreed in Case No. 02CW041, May 20, 2003. b. Location: The reservoir formed by the Chatfield Dam is an existing structure located on the mainstem of the South Platte River; the right abutment of which is located in Douglas County, Colorado, in Sections 6 and 7, Township 6 South, Range 68 West of the 6th P.M., and the left abutment of which is located in Jefferson County, Colorado, in Section 1, Township 6 South, Range 69 West of the 6th P.M. c. Source: The South Platte River and its tributaries. d. Appropriation Date: August 24, 1984. e. Amount: 26,400 acre-feet conditional. f. Use: Augmentation, replacement, exchange, irrigation, commercial, industrial, recreation, municipal, domestic, fish, wildlife and recreation and all other beneficial uses. 4. Outline of What Has Been Done Toward Completion: a. Chatfield Reservoir. In order to use the conditional right decreed herein, storage space in Chatfield Reservoir must be reallocated from flood control to multipurpose use. Central has participated in the reallocation review process involving the Army Corps of Engineers, the Colorado Water Conservation Board, the Colorado State Engineer, and many other agencies and entities. Central contributed $196,962.00 towards the cost of this review during the diligence period, and contributed hundreds of hours of CCWCD staff time in consultation and attendance of meetings in Colorado and Washington, D.C. In addition, CCWCD is a participant in the South Platte Water Related Activities Program (“SPWRAP”), an entity formed to partner with the State of Colorado to implement the Platte River Recovery Implementation Program in a manner that allows for the continuation of existing diversions and the development of new sources of water. b. Integrated System. Central owns numerous water rights and ditch and reservoir structures on the South Platte River and its tributaries which are operated as an integrated system to provide augmentation to over 1,000 member wells in two subdistricts. The conditional right decreed for Chatfield Reservoir is a part of Central’s integrated system. During the diligence period, Central expended $10,071,347.00 for improvements to its integrated system. 5. Claim for Diligence: Applicant seeks a finding of reasonable diligence for 22,300 a.f. of the 26,400 a.f. adjudicated in 83-CW-184, March 29, 1989, Water Court, Water Division No. 1. Central conveyed 4100 acre feet of the decreed conditional right to Centennial Water and Sanitation District (“Centennial”) on May 15, 2005, subject to the terms and conditions of that certain “Agreement” entered into between Central and Centennial on May 12th, 2005. Centennial will file a separate application for finding of reasonable diligence on the 4100 acre feet it received from Central.

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AMENDMENTS 85CW370 Ground Water Management Subdistrict of the Central Colorado Water Conservancy District (“GMS”), c/o Lind, Lawrence & Ottenhoff LLP, 255 Eastman Park Drive, #200, Windsor, Colorado, 80550, (970)674-9888. Application to Amend Decree to Identify Additional Recharge Facilities in WELD COUNTY. Ground Water Management Subdistrict of the Central Colorado Water Conservancy District (“GMS”), 3209 W. 28th Street, Greeley, CO 80634; (970) 330-4540, c/o Tom Cech. 2. Name of Structure: Farmers Independent Recharge Project. 3. Information from previous decree. A decree was entered for the Farmers Independent Recharge Project on March 29, 1989, in Case No. 1985CW370, Water Division 1. An Amendment to Findings and Ruling of the Referee and Decree of the Water Court was entered on February 8, 1991. A. Point of Diversion: The Farmers Independent Ditch diverts from SW1/4 of Section 19, Township 3 North, Range 66 West of the 6th P. M. on the east bank of the South Platte River, in Weld County. B. Source: South Platte River. C. Date of Appropriation: November 19, 1985. D. Amount: 90 c.f.s. E. Use: augmentation, recharge replacement and exchange. F. Description: The project allows water to be diverted at the headgate of the Farmers Independent Ditch for percolation along the length of the ditch, or for delivery to recharge facilities proximate to the ditch for percolation, and eventual accretion to the South Platte River to offset out of priority depletions associated with irrigation and other beneficial uses of water. 4. Description of Additional Recharge Facilities. Paragraph 9.h. from the 1985CW370 decree allows expansion of the recharge project through the addition of recharge facilities not previously identified by filing an amendment to the decree. The facilities to be added under this amendment are described in the following table:

Facility Name

Legal Description

SDF

Maximum Surface Area (Acres)

Quarter Quarter Sec.

Dist from Section Line

Dist from Section Line

Township 4 N, Range 66 W, 6th P.M. Harvey Ewing Pond No. 1 NW SW 11 2675 fr N 630 fr W 580 0.20 Petrocco Pond No. 1 NE NE 11 1300 fr N 645 fr E 860 0.43 Township 3 N, Range 66 W, 6th P.M. Margaret McGlothlin Pond No. 1

NE NW 6 450 fr N 2500 fr W 770 0.59

5. Remarks: The recharge ponds identified herein have been surveyed and stage capacity curves are provided as Exhibit A to the Application which is on file with the Court. All water delivered to a recharge site will be measured and recorded and all recharge accretions will be determined and accounted for under the terms of the Decree entered in Case No. 1985CW370. Other than the addition of the recharge sites as described herein, no other changes to the 1985CW370 decree are proposed under this amendment. 6. Name and address of owner of lands upon which water may be stored/recharged: A. The Harvey Ewing Pond is on land owned by: Margaret June Clement, 16903 WCR 46, La Salle, CO 80654. B. The Petrocco Pond is on land owned by: Petrocco Family Ltd, LLLP, and David and Susan Petrocco, 14110 Brighton Road, Brighton, Colorado 80601. C. The Margaret McGlothlin Pond is on land owned by: McGlothlin Farms, LLC, 4750 W. 25 Street, Greeley, CO 80604. 87CW304. Ground Water Management Subdistrict of the Central Colorado Water Conservancy District (“GMS”), 3209 W. 28th Street, Greeley, CO 80634; (970) 330-4540, c/o Lind, Lawrence & Ottenhoff LLP, 355 Eastman Park Drive, #200, Windsor, CO, 80550. Application to Amend

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Decree to Identify Additional Recharge Facilities in WELD COUNTY. 2. Name of Structure: Western Mutual Ditch Recharge Project. 3. Information from previous decree. A decree was entered for the Western Mutual Ditch Recharge Project on May 22, 1991, in Case No. 1987CW304, Water Division 1. A. Point of Diversion: In the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of Section Eleven (11), Township Three (3) North, Range Sixty-seven (67) West of the 6th P.M., Weld County, Colorado at the diversion works of the Western Mutual (Hewes and Cook) Ditch on the east bank of the South Platte River. B. Source: South Platte River and its tributaries. C. Date of Appropriation: March 17, 1987. D. Amount: 55.0 c.f.s. conditional; 20.0 c.f.s. absolute. (Note: 9 c.f.s. of the 55 c.f.s. originally decreed as conditional was made absolute in 1997CW161, and 2.4 c.f.s. was made absolute in 2004CW255.). E. Use: augmentation, recharge, replacement and exchange. F. Description: Waters are diverted into the Western Mutual Ditch at its existing headgate and are allowed to percolate into the underground aquifer and flow toward the South Platte River for the purpose of developing accretions to offset out of priority depletions associated with irrigation and other beneficial uses of water. The water so diverted may also be delivered through the ditch to facilities proximate to the ditch for beneficial use. Applicant has an agreement with the Western Mutual Ditch Company which allows the operation of this project. 4. Description of Additional Recharge Facilities. Paragraph 9.g. from the 1987CW304 decree allows expansion of the recharge project through the addition of recharge facilities not previously identified by filing an amendment to the decree. The facilities to be added under this amendment are described in the following table:

Facility Name

Legal Description

SDF

Maximum

Surface Area

(Acres)

Quarter Quarter Section

Dist from Section

Line

Dist from Section.

Line

Township 4 N, Range 66 W, 6th P.M. Ray Pond No. 2 (East) NE NW 13 335’ from

North 1540’

from West 1660 0.77

Ray Pond No. 2 (South) NE NW 13 615’ from North

1480’ from West

1700 0.61

Ray Pond No. 2 (West) NE NW 13 335’ from North

1415’ from West

1660 0.68

5. Remarks: Remarks: The recharge ponds identified herein have been surveyed and stage capacity curves are provided as Exhibit A to the application which is on file with the Court. All water delivered to a recharge site will be measured and recorded and all recharge accretions will be determined and accounted for under the terms of the Decree entered in Case No. 1987CW304. Other than the addition of the recharge sites as described herein, no other changes to the 1987CW304 decree are proposed under this amendment. 6. Name and address of owner of lands upon which water may be stored/recharged: A. The Ray Pond No 2. is located on land owned by the William W. Ray and Patricia A. Ray Trust, 17376 CR 46, La Salle, CO 80645. 00CW142, Loveland Ready Mix Concrete, Inc., P.O. Box 299, Loveland, CO 80539, through their attorneys: Petrock & Fendel, P.C., Frederick A. Fendel, III, Atty. Reg. #10476, Matthew S. Poznanovic, Atty. Reg. #29990, 700 Seventeenth Street, Suite 1800,Denver, Colorado 80202, Telephone: (303) 534-0702. SECOND AMENDED APPLICATION, IN LARIMER COUNTY. AMENDED APPLICATION FOR WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION 2. The original application and amended application seek ground water rights and a plan for augmentation for three gravel pits, the Larimer Pits, located in parts of the NW1/4 and SW1/4, Section 15, parts of the N1/2 and SE1/4, Section 16, and parts of the

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NE1/4, Section 17, T5N, R69W, 6th P.M., Larimer County, the Mariana Butte Pit, located in the NE1/4 SW1/4, Section 16, T5N, R69W, 6th P.M., Larimer County, and the Baer Pit, located in part of the NW1/4, Section 23, T5N, R69W, 6th PM, Larimer County. The three sites are collectively referred to as the “Gravel Pits.” 3. More of the exposed ground water than was stated in the original Application and Amended Application will require augmentation. This amendment seeks to revise the amount of out of priority depletions to be augmented from evaporation from up to 75 acres of ground water that have been, or will be, exposed from mining at the Gravel Pits pursuant to the plan for augmentation. Net evaporation will consume approximately 158 acre feet per year at the Gravel Pits. The amount of net evaporation consumed at the Gravel Pits may be further revised without amendment. The source of exposed ground water is groundwater tributary to the Big Thompson River. The sources of augmentation water remain unchanged from the original application. 4. This amendment also seeks to revise the length of time that out of priority depletions from production losses identified in the original application will continue to be augmented pursuant to the augmentation plan. The original Application provides that production losses will cease upon completion of mining, and that such losses will consume 30 acre-feet per year. Production losses are defined in the original Application as incidental water consumption from wet mining, gravel washing and processing and related activities. Production operations at the Larimer Pits are now planned to continue after mining ceases, using mined material transported in from other properties. 5. All other matters remain as presented in the original application and amended application. THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of July 2009 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.