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October 2004 Resume of 37

DISTRICT COURT, WATER DIVISION 1, COLORADO October 2004 WATER RESUME TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of October 2004 for each County affected. Application 04CW87 was filed on April 5, 2004. The deadline for filing a Statement of Opposition to 04CW87 is extended to December 2004. 04CW87 DOUG HAMMETT and SUSAN HAMMETT, 512 Kyle Heights, Woodland Park, CO 80863. Kim R. Lawrence, Esq., Bradley C. Grasmick, Esq., Lind, Lawrence & Ottenhoff, LLP, 1011 Eleventh Avenue, Greeley, CO 80631 (970-356-9160) APPLICATION FOR UNDERGROUND WATER RIGHTS, IN TELLER COUNTY. 2. Name of Structure: Hammett Well No. 223736. 3. In the SW¼ NE¼, S15, T12S, R69W of the 6th PM, Teller County, CO, approximately 1600 feet south and 2000 ft west from the NE corner of said section. 4. Source: Groundwater tributary to Trout Creek. 5. Depth: 400 ft. 6. Date of Appropriation: December 31, 1999. 7. How Appropriation was initiated: Application for well permit. 8. Amount claimed: 15 gpm, ABSOLUTE. 9. Use: Fire protection, household use inside up to 3 dwellings, irrigation of up to one acre of lawns and gardens and watering of domestic animals, pursuant to Section 37-92-602(3)(b)(II)(A), CRS, on a tract of 35 acres being Lot 13, Majestic Park division of land, Teller County. 10. Name and address of owners of structures: Applicants. 04CW256 WERNER K. ILLIG, 1390 Aspen Drive, Evergreen, CO 80439 (303-674-4476). APPLICATION FOR UNDERGROUND WATER RIGHT, IN PARK COUNTY. Name of well and permit number: New 35 + acre Residential Permit #214862. Legal description: SW¼ NE¼ S13, T11S, R78W, 6th PM. Distance from section line: 2090 feet from N and 2285 feet from E. Street address: 1630 Willow Creek Lane, Fairplay, Colorado. Subdivision: Black Mountain Ranches. Lot 45, 37.73 acres, Block: Unit Filing #2. Date of appropriation: 11/20/2001. How appropriation was initiated: drilling water well. Date water applied to beneficial use: 05/01/2002. Amount claimed: 100 gpm, ABSOLUTE. Proposed use: Number of acres irrigated: None. Total number of acres proposed to be irrigated: 2 acres. Legal description of land irrigated: NE¼ S13, T11S, R78W. Filing 2, Lot 45. Owner of structure: Applicant. 04CW257 HELEN L. STURDEVANT, 505 Wrangler Rd., Castle Rock, CO 80108 (303-688-9619). (Name of attorney: Jaime L. Stewart, 413 North Wilcox St., Ste 100, Castle Rock, CO 80104. 303-688-1655). APPLICATION FOR UNDERGROUND WATER RIGHT, IN DOUGLAS COUNTY. Name of well: Sturdevant Well. Permit Number 142542. Legal description: SE¼ SW¼ S15, T7S, R67W, 6th PM in Douglas County. Distance from section line: 435 feet from S and 2610 feet from W. Street address: 505 Wrangler Rd., Castle Rock, CO 80108. Subdivision: Happy Canyon. Lot 30. Source: Lower Dawson Aquifer. Depth: 660 feet. Date of appropriation: 10/21/1985. How appropriation was initiated: By construction of well and installation of a pump. Date water applied to benefical use: 11/21/1985. Amount claimed: 15 gpm ABSOLUTE. Name of aquifer: Lower Dawson. Amount claimed in acre feet annually: one. Area of lawns and gardens irrigated: 1/3 acre. Purpose: Domestic use for one single family dwelling and livestock. 04CW258 THE CONSOLIDATED MUTUAL WATER COMPANY, 12700 West 27th Ave., Lakewood, CO 80215 (303-238-0451). Please address all correspondence to: Frederick A.


Fendel, II, Esq. Petrock & Fendel, PC. 700 Seventeenth St., Ste 1800, Denver, CO 80202 (303-534-0702). APPLICATION TO MAKE CONDITIONAL WATER RIGHT ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE, IN JEFFERSON COUNTY. 2.Decree Information: Decreed in Case No. 96CW534 on October 13, 1998. The period of diligence which is the subject of this application is from date of decree in Case No. 96CW534 being October 1998. 3. Name of structure: Welton Reservoir (formerly known as Fortune Reservoir) 4. Source of water: Clear Creek and surface runoff which flows directly into the reservoir other than by way of the Agricultural Ditch. 5. Date of appropriation:July 1, 1996. 6. Amount:10,000 acre-feet with right to refill continuously (conditional). 7. Location of Reservoir Site: The South ½ of Section 24 and the North ½ of Section 25, Township 2 South, Range 70 West of the Sixth P.M., Jefferson County, Colorado. The outlet of the reservoir is located at the South ¼ corner of Section 24, Township 2 South, Range 70 West of the 6th P.M. 8. Point of Diversion: The point of diversion is through the Agricultural Ditch, the headgate of which is locate on the south bank of Clear Creek in the City of Golden, in the Southwest ¼ of Section 27, Township 3 South, Range 70 West of the Sixth P.M., Jefferson County, Colorado, then through Applicant’s pipeline located at the Agricultural Ditch headgate to Welton Reservoir.8.Uses:Municipal, irrigation, domestic, mechanical, commercial, industrial, recreation, fish and wildlife, augmentation and replacement and any other use necessary, desirable, or incidental to the operation of The Consolidated Mutual Water Company’s water system, reuse, successive use, and disposition. 9. Applicant requests that 28.63 acre-feet of the conditional water right be made absolute for municipal use, including irrigation, domestic, commercial, industrial, augmentation and replacement, mechanical, recreational, and fish and wildlife. A total of 28.63 acre-feet was diverted in priority on June 19 and 20, 2003 into Welton Reservoir, and after accounting for evaporative losses, subsequently transferred to Maple Grove Reservoir on November 8 and 9, 2003 and put to beneficial use. In the alternative and if this amount is not made absolute, Applicant requests that a diligence finding also be made to continue this amount pursuant to the activity described below. 10.During this diligence period, in continuing the development of the conditional water rights, Applicant has been diligent in the continued use and development of the water right. Applicant is the owner of other water rights which are part of an integrated and unified water supply system. Work completed on any part of the unified system is considered to be diligence for this conditional right. The following provides a summary description of activity by Applicant in development of the conditional right: A. Applicant completed construction on the Welton Reservoir and Welton Pipeline Infrastructure at a total cost of $31,514,238.24. Applicant spent approximately $21,021,017.32 to construct the Welton Reservoir. Applicant spent approximately $6,306,664.94 to construct the Welton Pipeline. B. Applicant diverted and beneficially used water under this right, up to a maximum of 28.63 acre-feet of the conditional right for municipal uses, including irrigation, domestic, commercial, industrial, augmentation and replacement, mechanical, recreational, and fish and wildlife absolute uses.C.Applicant has engaged in the legal defense and protection of all of its water rights and has incurred expenses for legal, consulting, engineering and construction and maintenance work. Further, each month during the diligence period, legal counsel for Applicant has reviewed the resume of applications as published by the Water Clerk for Water Division 1 and advised Applicant whether Statements of Opposition need to be filed to protect the water rights. 04CW259 PETER M. THOMPSON, 3625 Nimbus Rd., Longmont, CO 80503 (303-443-3962). APPLICATION FOR WATER STORAGE RIGHT, IN BOULDER COUNTY. Name of Reservoir: Pond #1 and associated spring. Legal description: SW¼ SW¼ S31, T1N, R72W, 6th PM in Boulder County, CO. Distance from section lines: 450 ft. from S and 450 from W. Source: spring. Date of appropriation: 2002. How appropriation was initiated: dug out spring. Date water put to beneficial use: 2002. Amount claimed: 0.5 acre feet, CONDITIONAL. Total


number of acres proposed to be irrigated: 5 in association with Pond #2. Legal description of acreage to be irrigated: SW¼ SE¼ SW¼ S31, T1N, R72W of 6th PM, Boulder County, CO. Surface area of high water line: 0.1 acre. Maximum height of dam: 5 ft. Length of dam: 75ft. Total capacity of reservoir: 0.5+ acre feet. Active capacity: 0.5. Remarks: Storage is from low capacity spring and can then be pumped for distribution. Name of second reservoir: Pond #2 and associated spring Thompson Spring No. 3 adjudicated June 23, 1975. Legal description: SW¼ SW¼ S31, T1N, R72W, 6th PM, Boulder County, CO. Distance from section line: 410 ft from S and 660 ft from W. Source: Thompson Spring No. 3. Date of appropriation: 2002. How appropriation was initiated: Dug next to Thompson Spring No. 3. Date water applied to beneficial use: 2002. Amount claimed: 0.5, CONDITIONAL. Number of acres historically irrigated: 5 sub-irrigated. Total number of acres proposed to be irrigated: 5 in association with Pond #1. SW¼ SE¼ SW¼ S31, T1N, R72W of 6th PM, Boulder County, CO. Surface area of high water line: 0.1 acre. Maximum height of dam: 5 ft. Length of dam: 100 ft. Total capacity of reservoir: 0.5+ acre feet. Active capacity: 0.5. Remarks: Pond stores water from low capacity spring and is distributed by pump. Higher capacity in spring time allows for some gravity irrigation. 04CW260 HUNT FEEDYARD, 14460 WCR 40, Platteville, CO 80651. Telephone: (970) 737-2437; c/o Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, Co, 80631, (970)356-9160. APPLICATION FOR CHANGE OF WATER RIGHTS, IN WELD COUNTY. 2. Decreed Name of Structures: Strear Wells No. 4-0667 and No.5-0668. 3. Previous Decree: A decree was entered in Case No. W-5324 on August 11, 1975 for Strear Well No. 4-0667 with a date of appropriation of May 31, 1947 in the amount of 1.0 c.f.s. and for Strear Well No. 5-0668 with a date of appropriation of May 5, 1947 in the amount of 1.0 c.f.s., both for irrigation of 75 acres in the SE¼ NW¼, part of the SW¼ NW¼ and part of the NE¼ NW¼ all in Section 33, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado along with Strear Well No. 3-0666. 4. Historic Use: The two wells have been used to irrigate 75 acres in the SE¼ NW¼, part of the SW¼ NW¼ and part of the NE¼ NW¼ all in Section 33, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado along with Strear Well No. 3-0666. Since 1994 Strear Well No. 4-0667 has been utilized for livestock watering and Strear Well No. 5-0668 has been utilized as a supplemental water supply for dust control when surface water supplies are inadequate, on the same property at the Hunt Feedyard. See Figure 1. 5. Proposed Change: Applicant seeks to change Strear Wells No. 4-0667 and No. 5-0668 to commercial use, livestock watering and dust control at the Hunt Feedyard which has been their actual use since 1994. These wells were historically augmented by GASP, then the South Platte Well Users Association and now are included in the Well Augmentation Subdistrict of the Central Colorado Water Conservancy District which has an approved Substitute Water Supply Plan and an application filed in Case No. 03CW099. The wells will continue to be used for livestock watering and dust control exclusively. No future irrigation use will be made. The flow rates remain as decreed. The feed yard uses of the wells results in total annual depletions 14.4 acre-feet less than that associated with the historical irrigation uses. 6. Name and Address of Owners of Structures: Applicant owns all the structures. 04CW261 KEN-CARYL WEST RANCH WATER DISTRICT (“West Ranch”), 1 West Ranch Trail, Morrison, CO 80465 (Stephen H. Leonhardt, Burns, Figa & Will, P.C., Attorneys for Applicant, 6400 S. Fiddlers Green Circle, #1030, Englewood, CO 80111, 303-796-2626), APPLICATION FOR CHANGE OF WATER RIGHTS, AMENDMENT TO PLAN FOR AUGMENTATION, AND ADDITIONAL EXCHANGE POINTS, IN JEFFERSON COUNTY, COLORADO. 2. Introduction/Purpose of Application: Applicant obtained Water Court approval of an augmentation plan in Case No. W-8157 on June 12, 1978. This decree was replaced by the decree in Case No. 81CW090, entered on August 29, 1983, which was identical


to that in Case No. W-8157, except for correction to the locations of the wells. Applicant seeks court approval for alternate points of diversion at new structures, West Ranch Well Nos. 24 and 25, and proposed structures, West Ranch Spring Well No. 26 and West Ranch Gallery Well No. 27; and requests that these new and proposed structures be included in the decreed augmentation plan, upon the same terms and conditions as currently decreed for the operations of West Ranch Well Nos. 1, 12 and 16. Applicant also proposes to provide for inclusion of future permitted replacement, supplemental and alternate point of diversion wells in the augmentation plan, subject to the total pumping and depletion limits decreed in Case No. 81CW090 (W-8157). Applicant does not propose to alter substantively the augmentation plan as decreed in Case No. 81CW090, except to incorporate new alternate point of diversion structures, and additional, replacement, supplemental or alternate points of diversion thereto, into the decreed augmentation plan. 3. In Case No. 94CW243, Applicant received a decree on May 20, 1996, confirming an existing appropriative right of exchange with a priority date of August 7, 1975, for maximum year-round depletion rate of 10.3 g.p.m. on Bear Creek and Turkey Creek for the operations of West Ranch Well Nos. 1, 12, and 16 in accordance with the augmentation plan previously decreed in Case No. 81CW090. The decreed exchange reach is described in ¶ 10.a below. The gross annual water requirement at full development of the West Ranch will not exceed 21.93 a.f., as decreed in Case Nos. 81CW090 and 94CW243. Applicant further requests that the new and future points of diversion described herein be included as exchange points pursuant to the decree in Case No. 94CW243, and that the existing exchange reach be extended upstream on South Turkey Creek by a distance of approximately one-half mile, subject to the existing decreed rate of exchange. 4. Decreed name of structures for which change is sought (from Previous Decrees in Case Nos. 81CW090 (W-8157) and 94CW243): A. West Ranch Well No. 1: Located in the SW1/4 NE1/4 Sec. 27, T5S, R70W of the 6th P.M., Jefferson County, Colorado, at a point approximately 2300 ft FNL and 1930 ft. FEL of Sec. 27. Permit No. 18301-F. Amount: 14 g.p.m. Depth: 350 ft. Source: Groundwater tributary to Turkey Creek, tributary to Bear Creek. B. West Ranch Well No. 12: Located in the SE1/4 NE1/4 Sec. 27, T5S, R70W of the 6th P.M., Jefferson County, Colorado, at a point approximately 2420 ft. FNL and 1165 ft. FEL. Permit No. 21189-F. Amount: 3.0 g.p.m. Depth: 400 ft. Source: Groundwater tributary to Turkey Creek, tributary to Bear Creek. C. West Ranch Well No. 16: Located in the SE1/4 SE1/4 Sec. 27, T5S, R70W of the 6th P.M., Jefferson County, Colorado, at a point approximately 225 ft. FSL and 680 ft. FEL. Permit No. 21190-F. Amount: 3.0 g.p.m. Depth: 300 feet. Source: Groundwater tributary to Turkey Creek, tributary to Bear Creek. CLAIM I: ADDITIONAL ALTERNATE DIVERSION POINTS. 5. Proposed change: Applicant seeks the following additional structures as additional, supplemental or alternate points of diversion for those above-described tributary wells decreed in Case No. 81CW090 (W-8157): A. West Ranch Well No. 24 (existing). Permit No. 58066-F, Point of diversion: SW1/4, SE1/4, Sec. 27, T5S, R70W of the 6th P.M., 1250 ft. FSL and 1900 ft. FEL. Amount: 0.011 cfs (5 g.p.m.). Depth: 1177 ft. Source: Groundwater in fractured granite and metamorphic formations and alluvium, tributary to Turkey Creek, tributary to Bear Creek. B. West Ranch Well No. 25 (existing). Permit No. 58065-F. Point of diversion: SW1/4, SE1/4, Sec. 27, T5S, R70W of the 6th P.M., 500 ft. FSL and 1850 ft. FEL. Amount: 0.011 cfs (5 g.p.m.). Depth: 602 feet. Source: Groundwater in fractured granite and metamorphic formations and alluvium, tributary to Turkey Creek, tributary to Bear Creek. C. West Ranch Spring Well No. 26 (proposed): Point of diversion: SE1/4, SE1/4, Sec. 27, T5S, R70W of the 6th P.M., 200 ft. FSL and 700 ft. FEL. Amount: 0.011 cfs (5 g.p.m.). Depth: 10 feet. Source: Groundwater in fractured granite and metamorphic formations and alluvium, tributary to Turkey Creek, tributary to Bear Creek. D. West Ranch Gallery Well No. 27 (proposed). P point of diversion: SE1/4, SE1/4, Sec. 27, T5S, R70W of the 6th P.M., 300 ft. FSL and 700 ft. FEL. Amount: 0.045 cfs (20 g.p.m.). Depth: 25 feet. Source: Groundwater in fractured granite and metamorphic formations and alluvium, tributary to Turkey Creek, tributary to Bear Creek. The four above-described structures


are intended to operate as alternate points of diversion to one another, and to West Ranch Well Nos. 1, 12 and 16, as decreed in Case No. 81CW090 (W-8157), with the limitation that the total instantaneous diversion rate from any combination of the seven structures shall not exceed 20 g.p.m. 1. Name and address of owner of the land on which structure(s) is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Well Nos. 24 and 25: West Ranch Owners Association, 1 West Ranch Trail, Morrison, CO 80465; Well Nos. 26 and 27: Mr. Murray Ogborn, Ms. Connie Melior, 37 West Ranch Trail, Morrison, CO 80465. CLAIM II: FUTURE ADDITIONAL POINTS OF DIVERSION. 7. Applicant seeks to amend its augmentation plan to provide that any future additional, replacement, supplemental or alternate point of diversion wells in a defined area in the Turkey Creek drainage basin may be integrated into the Applicant=s augmentation plan decreed in Case No. 81CW090 (W-8157) upon permitting by the State Engineer, and may exercise all rights recognized in the augmentation plan decree for West Ranch Well Nos. 1, 12 and 16, without the need for further application to the Water Court. A. Applicant=s use of such future wells will not increase the gross annual water requirement at full development of 21.93 a.f. as decreed in Case No. 81CW090 (W-8157). All Applicant=s wells in the Turkey Creek drainage basin will be subject to the maximum combined well capacity of 20.0 g.p.m. as decreed in Case No. 81CW090 (W-8157). All depletions from Applicant=s use of its Turkey Creek wells shall be replaced to the stream as required by the decree in Case No. 81CW090 (as amended herein), and will be subject to all terms and conditions of the West Ranch’s Turkey Creek exchange as decreed in Case No. 94CW243. B. The area within which such wells may be located is outlined on the map attached as Exhibit A to the Application, and is located in W1/2 SW1/4 of Sec. 26, the E1/2 and NW1/4 of Sec. 27 (east of South Turkey Creek), the NE1/4 of Sec. 34, and the W1/2 NW1/4 of Sec. 35, T5S, R70W of the 6th P.M., Jefferson County. C. This application does not seek to decree any specific supplemental or alternate point of diversion wells, except as specified in ¶ 5.A-D above. Future well permit applications will be evaluated by the State Engineer in accordance with C.R.S. ' 37-90-137 and the decree in this case. D. The future additional, replacement, supplemental and/or alternate point of diversion wells are to be alternate points of diversions to one another, to decreed West Ranch Well Nos. 1, 12 and 16, as decreed in Case No. 81CW090 (W-8157), and to the alternate points of diversion structures described in ¶¶ 5.A-D, with the continued limitation that the instantaneous pumping from any combination of wells shall not exceed 20 g.p.m. 8. Future Structure Locations: The future structures, as described in ¶ 7, may be located on any of several parcels within the Ken Caryl West Ranch Water District boundaries, including Lots 20, 22, 24, 26, 28, 30, 32, 34, 36, 37, 38, 39, 40, 41, 42, 43, and open space owned by West Ranch Owners Association. The owners of these parcels are identified on Exhibit B to the Application. CLAIM III: AMENDMENT OF PLAN FOR AUGMENTATION. 9. Amendment of Augmentation Plan: Applicant also seeks to amend its augmentation plan as follows: A. to provide that the structures listed in ¶¶ 5.A-D above are integrated into the Applicant’s augmentation plan decreed in Case No. 81CW090 (W-8157), and may exercise all rights recognized therein for West Ranch Well Nos. 1, 12 and 16; and B. to provide that any future replacement, supplemental or alternate point of diversion wells in a defined area in the Turkey Creek drainage basin, as described in ¶ 7 above may be integrated into the Applicant’s augmentation plan decreed in Case No. 81CW090 (W-8157), and may exercise all rights recognized therein for West Ranch Well Nos. 1, 12 and 16, without the need for further application to the Water Court. Applicant’s use of the structures described in ¶¶ 5.A-D and 7, subject to the limitations proposed herein, will not increase the gross annual water requirement, at full development, of 21.93 a.f., as decreed in Case No. 81CW090. All Applicant’s wells in the Turkey Creek drainage basin will be subject to the maximum combined well capacity of 20.0 g.p.m. as decreed in Case No. 81CW090 (W-8157). All depletions from Applicant’s use of its Turkey Creek wells shall be replaced to the stream as required by the Decree in Case No. 81CW090 (as amended herein). The decreed depletions are based on full development of 52 lots


with 1,500 square feet of lawn irrigation for 120 days, a 10% in-house domestic consumptive depletion rate, and a 75% irrigation consumptive depletion rate. Applicant does not propose any changes to these previously decreed factors for determining depletions. CLAIM IV: ADDITIONAL EXCHANGE STRUCTURES. 10. West Ranch requests that the structures described above in ¶¶ 5.A-D, and future structures pursuant to ¶ 7, be included as additional exchange-to structures decreed in West Ranch’s Turkey Creek exchange decreed in Case No. 94CW243, as described in ¶ above. Applicant is unaware of any decreed intervening water rights between the currently decreed exchange-to structures and the new structures as described in ¶¶ 5.A-D and 7. a. The exchange decreed in Case No. 94CW243, just like West Ranch’s augmentation plan decreed in Case No. 81CW090, involves replacement of Turkey Creek depletions (up to 10.3 g.p.m. and 4.53 af/y), with releases from the Bergen Reservoirs, and with cessation of the historic use of West Ranch’s portion of the Spickerman Ditch water right. The extent of the natural stream system affected by this appropriative right of exchange is that reach of Turkey Creek and Bear Creek extending from the confluence of Weaver Gulch and Bear Creek in the SE1/4 NE1/4 of Sec. 33, T4S, R69W, of the 6th P.M., up Bear Creek to its confluence with Turkey Creek, and up Turkey Creek from its confluence with Bear Creek to the confluence of an unnamed gulch and South Turkey Creek, at a point approximately 1350 ft. from the North line and 1200 ft. from the West line of Sec. 27, T5S, R70W of the 6th P.M.; and from there up to West Ranch’s alternate points of diversion, which will include the new structures described in ¶¶ 5.A-D and future structures within the area described in ¶ 7. b. Applicant seeks to extend the exchange reach on South Turkey Creek by approximately one-half mile, to the confluence of another unnamed gulch and South Turkey Creek, in the NE1/4 SW1/4 of Sec. 27, T5S, R70W of the 6th P.M., at a point approximately 1900 ft. from the South line and 1600 ft. from the West line of said Sec. 27, which is the point at which depletions from West Ranch Well No. 25 reach the surface stream of South Turkey Creek. c. The exchange rate is the rate by which operation of Ken Caryl West Ranch Well Nos. 1, 12, 16, and those structures identified in ¶¶ 5.A-D and 7 above, actually deplete Turkey Creek in the exchange reach, as determined by the State or Division Engineer, up to a maximum year-round depletion rate of 10.3 gallons per minute as decreed in Case No. 94CW243. d. The only change to the decreed exchange right, as proposed herein, is the addition of the structures described in ¶¶ 5.A-D and 7, above, as exchange-to points, and the extension of the exchange reach on South Turkey Creek as described above, subject to the previously decreed limitations on total pumping as set forth above. 11. West Ranch shall install and maintain such measuring devices and maintain such records as the Division Engineer may require for administration of the water rights as applied for herein. 04CW262 (96CW167)(88CW272) COORS BREWING COMPANY, Mail No. CC370, Golden, CO 80401-1295 (303-277-6746). (Bernard F. Gehris, Esq., Burns, Figa & Will, P.C., 6400 S. Fiddlers Green Circle, #1030, Englewood, CO 80111 (303) 796-2626.) APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN JEFFERSON, ADAMS AND CLEAR CREEK COUNTIES. 2. Name of structures from and to which water is to be exchanged: Coors’ Jefferson Storage System Reservoirs, as described in Case Nos. 88CW272 and 88CW206; the Croke Canal, the Farmers Highline Canal, the Agricultural Ditch, the Wannamaker Ditch, the Rocky Mountain Ditch, the Coors Industries and the Lower Clear Creek Ditch. 3. Description of conditional rights of exchange:

A. Original Decree Date: July 20, 1990 Case No.: 88CW272 Court: District Court, Water Division No. 1

B. Location: The reach of Clear Creek throughout which water will be exchanged is between the point of diversion of the Agricultural


Ditch (SW1/4 Sec. 27, T3S, R70W) at the uppermost end of that reach, downstream to the point of diversion of the Lower Creek Ditch (SE1/4 Sec. 4, T3S, R68W) at the lower end of that reach. Exchanges may be made to intermediate points within that reach of Clear Creek.

C. Source: The sources of supply for the exchanges to be made in the exercise of the conditional appropriative rights of exchange decreed in Case No. 88CW272 are from waters diverted or stored in the exercise of the water rights decreed to the structures listed in paragraph 2 of the Application which Applicant has a right to use, or the waters diverted to or stored in those facilities in the Applicant’s exercise of the rights decreed in Case Nos. W-8036(75), W-8256(76), as modified by Case Nos. 88CW271 and 89CW234.

D. Appropriation Date: Amount:

December 15, 1988 759 acre feet during the period from November 1 through the next succeeding March 31, at a maximum rate of flow of 5.0 cfs, conditional.

E. Use: For all of the purposes for which water may lawfully be used through the structures to which the exchanges are to be made.

Exchange to and From Structures: Structure Name Section, Township, Range County Standley Lake Res. Secs. 16, 17, 20, 21, 22, 27, 28 29, T2S, R69W Jefferson Clinton Reservoir SE1/4 SW1/4 of Sec. 24 and NE1/4 NW1/4 Sec. 25, T3S,

R70W Jefferson

Crawford Reservoir

SW1/4 SW1/4 of Sec 24 and NW1/4 NW1/4 Sec. 25, T3S, R70W

Jefferson

Wanemaker Res. SE1/4 SE1/4 Sec. 23 and NE1/4 NE1/4 Sec. 26, T3S, R70W Jefferson Hawley Reservoir E1/2 of NW1/4 of Sec. 30, T3S, R69W Jefferson Lee Reservoir W1/2 of NE1/4 of Sec. 30, T3S, R69W Jefferson Frost Reservoir Sections 10 and 15, T5S, R75W Clear Creek Waldorf Reservoir SW1/4 NE1/4 of Sec. 2, T5S, R75W Clear Creek Summers Reservoir

SE1/4 SW1/4 Sec. 19, and NE1/4 NW1/4 Sec. 30, T3S, R69W

Jefferson

Eskins Reservoir SW1/4 SE1/4 Sec. 19, NW1/4 NE1/4 Sec. 30, T3S, R69W Jefferson Pearson Res. No. 1 NE1/4 NE1/4 Sec. 30 and SE1/4 SE1/4 Sec. 19, T3S, R69W Jefferson Pearson Reservoir No. 1 Enlargement

SE1/4 SE1/4 of Sec. 19, NE1/4 NE1/4 of Sec. 30 and NW1/4 NW1/4 of Sec. 29, T3S, R69W

Jefferson

B-2 Lake: SW 1/4 of Sec. 24, T3S., R70W Jefferson B-4 Lake. NE 1/4 of Sec. 25, SE 1/4 of Sec. 24, T3S, R70W Jefferson B-5 East Lake. SW 1/4 of Sec. 20, NW 1/4 of Sec. 29, NE 1/4 of Sec. 30,

and SE 1/4 of Sec. 19, T3S., R69W Jefferson

B-6 Lake. NE 1/4 and SE 1/4 of Sec. 23, T3S, R70W Jefferson B-7 Lake. SW1/4 of Sec. 24 and SE1/4 of Sec. 23, T3S, R70W Jefferson B-9 Lake. N1/2 SE1/4 of Sec. 19, T3S, R69W Jefferson West Lake. S1/2 of Sec. 20 and N1/2 of Sec. 30, T3S, R69W Jefferson Bass Lake. S1/2 of Sec. 20 and N1/2 of Sec. 30, T3S, R69W Jefferson


Tabor Lake. E1/2 of Sec. 20, T3S, R69W Jefferson Prospect Park Lake W1/2 of Sec. 21, T3S, R69W Jefferson West Gravel Lakes Sections 25 and 36, T2S, R68W. (Note: These facilities are

owned by City of Thornton. Coors may not store water in these facilities from the Frost Reservoir and Waldorf Reservoir conditional water storage rights without Thornton's prior approval)

Adams

4. This Application is filed pursuant to the Water Right Determination and Administration Act of 1969, C.R.S. § 37-92-302, as amended. During this diligence period, in continuing the development of the conditional water rights which are an integral part of the water supply system developed by and for the Applicant, Applicant has been engaged in the legal defense and protection of said water right, and has continued in the planning, designing and exploration of the physical and business arrangements associated with the construction and use of the diversion facilities and water rights involved. Those activities include the planning and engineering work conducted on future reservoir storage (Lake B-5), planning and engineering work to support the filing and pursuit of Case No. 99CW236, which includes facilities to use in the exercise of this exchange; and participation in other diligence filings (including applications to make conditional water rights absolute), including Case Nos. 98CW222 (a part of the Jefferson Storage System) and 98CW419 (Underground Springs). In its decree in Case No. 96CW167, this Court found that the subject exchanges are an integral part of Coors’ unified water supply system. Since November 1, 1998, Applicant has expended in excess of $2,245,000.00 in continuing to develop and incorporate the facilities required for the exercise of the conditional rights of exchange in the operation of Coors’ unified water supply system. The appropriative rights of substitution and exchange described herein are to be exercised in conjunction with the water rights adjudicated in Case No. 88CW268 and in Consolidated Case Nos. W-8036-75 and W-8256-76, as modified by decrees entered in Case No. 88CW271 and 88CW206. This substitution and exchange allows Coors, rather than curtailing its diversion from Clear Creek, to provide a supply of water to protect “Croke Season yield” as that term is defined in 88CW272 and that may be required under paragraphs 7 and 9 of the Agreement dated May 23, 1988, and recorded at Reception No. 88049909, also known as the Cosmic Agreement (88CW268), to make available for storage in Standley Lake reservoir to the account of the City of Westminster or the account of the Farmers Reservoir and Irrigation Company for the benefit of the City of Northglenn, a substitute supply under the decree in this case for such purposes from other sources controlled by Coors. To date, conditions have been such that Coors has not had to exercise the appropriative rights of substitution and exchange decreed herein. Coors can and will exercise such rights when conditions so require. 04CW263 DREAM WEAVER HOMES, LLC, c/o Richard Hansen, 1153 Bergen Parkway, # M-136, Evergreen, CO 80439, NORTH FORK ASSOCIATES, LLC, and the MOUNTAIN MUTUAL RESERVOIR COMPANY, 2525 S. Wadsworth Boulevard #306, Denver, CO 80227 (c/o Priscilla S. Fulmer, Bendelow Law Firm, P.C., 1120 Lincoln St., Ste. 1000, Denver, CO80203. APPLICATION FOR UNDERGROUND WATER RIGHTS, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHTS, IN JEFFERSON AND CLEAR CREEK COUNTIES. APPLICATION FOR UNDERGROUND WATER RIGHTS: 2. Names of wells and permit, registration, or denial numbers: Nuthatch Wells Nos. 1 through 7. 3. Legal description of the wells: Pursuant to Policy Memo No. 99-1 of the State Engineer, Dream Weaver Homes, LLC (“DWH”) requests conditional underground water rights for Nuthatch Wells Nos. 1 through 7. The exact locations of the Wells will not be known until the subdivision of the property described herein is approved by Clear Creek County. However, the wells can generally be described as being located within approximately eighty-eight (88) acres of portions


of the W1/2 of Sections 2 and 11, T-5-S, R-72-W, of the 6th P.M., Clear Creek County, Colorado, as more fully described on Exhibit A. 4.A. Source of Water: Groundwater tributary to Bear Creek and the South Platte River. B. Depth of Wells: 800 feet, approximate. 5.A. Date of Appropriation of Wells: October 22, 2004. How Appropriation Initiated: Determination of intent to appropriate, technical work performed to support the preparation of the Application and filing of this Application. Date Water Applied to Beneficial Use: NA 6. Amount claimed: 15 gpm, each Well, conditional. 7.Proposed Uses: A. In-house uses for seven (7) homes for a total demand of 2.20 acre-feet per year and consumptive use of 0.220 acre-feet per year; B. Irrigation of 4,200 sq. ft. of lawns and gardens, for a total demand of 0.121 acre-feet per year and consumptive use of 0.121 acre-feet per year; C.A total of four (4) horses for a total demand of 0.045 acre-feet per year and a consumptive use of 0.045 acre-feet per year; D. For a total demand of 2.36 acre-feet per year and a total consumptive use of 0.386 acre-feet per year. 8. Name and Address of Owner of Land on which the Wells will be located: Richard Hansen, 1153 Bergen Parkway, #M-136, Evergreen, CO 80439. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHTS 9. Names of Structures to be Augmented: Nuthatch Wells Nos. 1 though 7. 10.Water Rights to be Used for Augmentation Purposes: DWH has entered into a contract with North Fork Associates, LLC to purchase 11.5 shares of the capital stock of Mountain Mutual Reservoir Company (“MMRC”). The 11.5 shares represent the right to receive 0.386 acre-feet of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders, as more particularly described below. The water rights which MMRC owns for the benefit of its shareholders (hereinafter referred to as the “Bear Creek/Turkey Creek water rights”), are summarized as follows: A. Harriman Ditch: 7.71 shares of the 400 shares of capital stock (1.93%), issued and outstanding in the Harriman Ditch Company. Said Company owns direct flow water rights decreed to the Harriman Ditch, Pursuant to the Decree entered in Civil Action No. 6832, on February 4, 1884, the Ditch was awarded the following direct flow priorities: Appropriation Priority MMRC Date No. Source Amount Entitlement April 15, 1868 21 Turkey Creek 10.75 cfs 0.2072 cfs March 16, 1869 23 Bear Creek 7.94 cfs 0.1530 cfs May 1, 1871 25 Bear Creek 25.54 cfs 0.4923 cfs March 1, 1882 30 Bear Creek 12.87 cfs 0.2481 cfs The Bear Creek headgate of the Harriman Ditch is located on the South bank of Bear Creek in the NE 1/4 NE 1/4, Section 2, Township 5 South, Range 70 West, 6th P.M., Jefferson County, Colorado. The Turkey Creek headgate of the Harriman Ditch is located on the South bank of Turkey Creek near the Southwest corner of Section 6, Township 5 South, Range 69 West, 6th P.M., Jefferson County, Colorado. The Ditch was originally decreed for irrigation, livestock watering, domestic and municipal purposes. B. Warrior Ditch: 2.0 shares of the 160 shares of capital stock (1.25%), issued and outstanding in the Warrior Ditch Company. Said Company owns direct flow water rights decreed to the Warrior Ditch. Pursuant to the Decree entered in Civil Action No. 6832 on February 4, 1884, the Ditch was awarded the following direct flow priorities: Appropriation Priority MMRC Date No. Source Amount Entitlement December 1, 1861 4 Bear Creek 12.33 cfs 0.1541 cfs April 16, 1862 8 Turkey Creek 2.86 cfs 0.0358 cfs October 31, 1864 14 Bear Creek 25.47 cfs 0.3184 cfs April 1, 1865 16 Bear Creek 11.49 cfs 0.1436 cfs The headgates of the Warrior Ditch are the same as those of the Harriman Ditch, described above. The Ditch was originally decreed for irrigation purposes. C. Soda Lake Reservoir Nos. 1 and 2: 8.71 shares of the 400 shares of capital stock (2.18%), issued and outstanding in the Soda Lakes


Reservoir and Mineral Water Company. Said Company owns storage water rights decreed to the Soda Lakes Reservoir Nos. 1 and 2. Pursuant to the Decree entered in Civil Action No. 91471 on September 24, 1935, the Soda Lake Reservoir Nos. 1 and 2 were adjudicated for 1,794 acre feet for irrigation purposes, and 598 acre feet for storage for supplying the City of Denver with water for municipal purposes, including the watering of lawns and gardens. The date of appropriation awarded the structures was February 11, 1893. The Soda Lakes Reservoirs are located in Section 1, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Reservoirs are filled through the Harriman Ditch. D. Meadowview Reservoir: The structure is located in the NE 1/4 SW 1/4 and the NW 1/4 SE 1/4 of Section 26, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado. Meadowview Reservoir was awarded a conditional water right in Case No. 2001CW294, in an amount of water up to 50 acre feet, for augmentation, replacement, exchange and substitution purposes, with the understanding that the amount will be reduced to the difference between 50 acre feet and the volume of water decreed in Case No. 94CW290 for the same purposes. The source is water tributary to North Turkey Creek. To the extent that Meadowview Reservoir cannot be filled under its own priority each year, or space later becomes available in the Reservoir after being filled, Harriman Ditch and Warrior Ditch direct flow water and water available to MMRC in the Soda Lakes Reservoirs will be stored in Meadowview Reservoir by exchange pursuant to the appropriative rights of substitution and exchange decreed in Case Nos. 2000CW060 and 2001CW293, and the currently pending claim in Case No. 94CW290. Tabulation of MMRC Firm Yield Water and Terms and Conditions for Use of MMRC Water: The overall “firm” yield of consumptive use water available from the MMRC portfolio of Bear Creek/Turkey Creek water rights and storage facilities was quantified in the Decree entered by the District Court for Water Division 1 in Case No. 2001CW293, dated July 16, 2003. The volume of firm yield water committed to this augmentation plan, as well as the volume of firm yield water committed to all existing decreed and currently pending plans for augmentation which utilize the subject water rights are summarized in Exhibit B attached hereto and made a part here of. The terms and conditions under which the Bear Creek/Turkey Creek water rights are used for augmentation and replacement purposes are set forth in the Decree in Case No. 2001CW293, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the Decree in Case No. 2001CW293 for more detailed information. 11. Statement of Plan for Augmentation Covering All Applicable Matters under C.R.S. 37-92-103(9), 302(1)(2) and 305(8): A. DWH is in the process of subdividing a tract of land, consisting of approximately 88 acres, into seven residential lots. The property is located the W1/2 of Sections 2 and 11, T-5-S, R-72-W, of the 6th P.M., Clear Creek County, Colorado, and is depicted on the attached Exhibit A. The water supply for the development will be obtained from the Nuthatch Wells Nos. 1-7. The estimated demands are shown on Exhibit C. B. Wastewater from all in-building uses of water within the subdivision will be treated utilizing non-evaporative septic systems with soil absorption leach fields. Return flows will be to Bear Creek. C. Based on prior engineering studies of similar residential subdivisions, it is assumed that the maximum average occupancy for each single-family residence will be 3.5 persons per residence and that the per capita daily water usage will not exceed 80 gallons as an annual average. The augmentation plan will cover the irrigation of a total of 4,200 square feet of lawn grass, or equivalent gardens, and the watering of a total of four horses divided among the seven residences in the development. Water requirements for horses are assumed to be 10 gallons per animal per day. Gross irrigation requirements for lawn grass are anticipated to be no more than 1.25 acre-feet of water per irrigated acre. The total volume of water required for the seven lots is projected to be approximately 2.36 acre-feet per year. D. Depletions associated with water which is used inside the single-family residences will be based on a ten percent (10%) consumption factor. Consumption of irrigation will be based on a one hundred percent (100%) consumption factor. All of the water supplied to horses is assumed to be consumed. Maximum


stream depletions are not anticipated to exceed 0.386 of an acre-foot per year. E. The required volume of augmentation water will be provided from the sources described in Paragraph 10 above. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration. F. Whenever possible, depletions to the stream system which occur during the period April through October, inclusive, will be continuously augmented my MMRC forgoing the diversion of a portion of its Warrior Ditch and/or Harriman Ditch direct flow water rights. During times when MMRC’s direct flow water rights are not in priority and during the months of November through March, inclusive, depletions will primarily be augmented by periodically releasing water from the Soda Lakes Reservoirs. G. Since the point of depletion associated with water use from the Nuthatch Wells Nos. 1 through 7 is upstream of the Harriman Ditch headgate, DWH assert an appropriative right of substitute supply and exchange pursuant to Section 37-80-120 and 37-92-302(1)(a), 10 C.R.S. The reach of the exchange shall extend from the confluence of Bear Creek and Turkey Creek at Bear Creek Lake in Section 5, T-5-S, R-69-W, 6th P.M., Jefferson County, Colorado; thence up Bear Creek to the point to the point where depletions from the wells impact Bear Creek in the NW1/4 of Section 11, T-5-S, R-72-W, 6th P.M. The exchange will operate to replace depletions to the flow of water in Bear Creek and the South Platte River as the depletions occur. The exchange will be administered with a priority date of October 22, 2004, at a maximum flow rate of 0.001 of a cubic foot per second. DWH believes and asserts that the depletions associated with the wells described herein, combined with depletions associated with other augmentation plans filed subsequent to 1994, will result in less than a one percent depletive effect on the instream flow water rights held by the Colorado Water conservation Board on Bear Creek that were decreed in Case No. 94CW258, 94CW259 and 94CW260. 12. Name and Address of Owner of Land on which New Structures will be Located: Nuthatch Wells Nos. 1 through 7: Richard Hansen, 1153 Bergen Parkway, #M-136, Evergreen, CO 80439. WHEREFORE, DWH requests the entry of a decree approving this Application, specifically determining that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights. DWH also requests a determination that the Wells described herein can be operated without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. DHW further requests the entry of an Order directing the State Engineer to issue permits for the construction and use of the subject Wells. (6 Pages and 3 Exhibits). 04CW264 LIVENGOOD HILLS AND WINCHESTER PINES LOT OWNERS AND JERALD AND SHERRILL FIFIELD, ET AL. 13614 N. Winchester Way, Parker, Colorado 80134, (303) 841-1703, through their attorneys PETROCK & FENDEL, P.C., Scott M. Huyler, 700 17th Street, Denver, CO 80228, (303) 534-0702. The names and addresses of each Applicant are described on Attachment A hereto. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS, IN DOUGLAS COUNTY . 2. Well Permits: Well permits will be applied for prior to construction of the wells, which are the subject of this application. 3. Legal Description of Wells and Subject Property: Applicants are the owners of 78 lots located in Livengood Hills and Winchester Pines Subdivisions, and five parcels of land, which are generally contiguous and located in the W1/2W1/2 of Section 5 and the E1/2 and N1/2NE1/4 of Section 6, T6S, R65W of the 6th P.M. as shown on Attachment B hereto (Subject Property). The Subject Property is comprised of a total of approximately 197.4 acres and the legal descriptions and acreage associated with Applicants’ respective lots and land are more particularly described on Attachment A hereto. Applicants will own a pro-rata interest in the total amount of groundwater requested herein underlying their respective lots and land. The wells which will withdraw the subject groundwater will be located at any location on the Subject


Property at rates of flow which are necessary to withdraw the final decreed amount. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in §37-90-103(10.5), C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicants estimate that the following annual amounts are representative of the aquifers underlying the Subject Property: Saturated Annual Aquifer Thickness Amount Arapahoe 295 feet 99 acre-feet Laramie-Fox Hills 228 feet 68 acre-feet 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below their respective lots, through wells or any additional wells which may be completed in the future, as Applicants' well fields, subject to Rule 11.B of the Statewide Nontributary Ground Water Rules (2 CCR 402-7). Applicants also request that the Arapahoe and Laramie-Fox Hills water underlying one other lot in Livengood Hills Subdivision which is the subject of Case No. 02CW357, be withdrawn in combination with the Arapahoe and Laramie-Fox Hills aquifer water requested herein through wells located on the land which is the subject of either case. 7. Proposed Use: The water will be used for the following beneficial purposes: domestic, industrial, commercial, irrigation, livestock watering, fire protection, and augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to §§37-92-302(2) and 37-90-137(6), C.R.S. 9. Remarks: A.Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 6 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7.B.Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. WHEREFORE, Applicants pray that this Court enter a Decree: 10. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 11. Specifically determining that: A. Applicants have complied with §37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained pursuant to §37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; and B. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater proposed herein. 04CW265 MOUNT CARBON METROPOLITAN DISTRICT, 12340 West Alameda Parkway, Suite 209, Lakewood, Colorado 80228. Send all correspondence to: Carrie L. Ciliberto, Esq., Ciliberto & Associates, LLC, 1660 Lincoln Street, Suite 1700, Denver, Colorado 80264. APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN PARK COUNTY. 2. Name of structure: Hock Hocking Mine Portal. 3. Describe conditional water right (as to each structure) giving the following from the Referee’s Ruling and Judgment and Decree: a. Date of the original decree: October 16, 1979 in Case No. W-1318 by the District Court in and for Water Division 1. b. Location: The Hock Hocking Mine Portal is located at a point whence the North Quarter Corner of Section fifteen, Township 9 South, Range 78 West of the 6th P.M., bears North 22°51’40” East 3,051.7 feet. c. Source: Non-tributary developed water that has been and/or can be intercepted by the Hock Hocking Mine tunnel and its extensions. d. Appropriation date: June 1, 1964. e. Amount: 0.03 cubic-feet per second. f. Use: All beneficial purposes, including domestic, irrigation, municipal, manufacturing, mechanical, fire protection, mining and milling, recreation, including fishery and wildlife, and maintenance of adequate storage systems and reserves. The right to apply the developed water to beneficial uses shall also include the right of disposition and the right to use, reuse and successively use all of


such water to extinction. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: The subject water rights are part of the District’s overall water supply system. As an integrated system, diligence on one part constitutes diligence on the entire system. Applicant has undertaken the following actions during the diligence period in direct support of reasonable diligence regarding the subject water rights: a. During the diligence period, Applicant had been involved in proceedings for Bankruptcy Protection under Title 9, in order to restructure the finances of the District due to a slower buildout within the District than originally anticipated. The District successfully proceeded through Bankruptcy Court, which will allow development to proceed. The District spent approximately $1,500,000.00 in the bankruptcy proceedings. b. Applicant, through its water counsel Ciliberto & Associates, LLC, has filed an Application for Change of Water Rights and Application for Water Storage Rights and Change of Water Rights in Case Nos. 04CW196 and 04CW197 respectively. These applications involve the water right that is the subject of this Application. c. Each month during the diligence period until July 2002, Holder & Ciliberto, P.C. reviewed the resume of applications as published by the Water Clerk for Water Division 1 and advised Applicant whether Statements of Opposition should be filed to protect Applicant’s water rights. Holder & Ciliberto, P.C. also participated in the first bankruptcy proceeding. In these and other water matters, Applicant expended tens of thousands of dollars in legal fees and costs associated with maintaining and protecting its water rights. d. Each month, from July 2002 to the present, Ciliberto & Associates, LLC has reviewed the resume of applications as published by the Water Clerk for Water Court, Water Division 1 and advised Applicant whether Statements of Opposition should be filed to protect Applicant’s water rights. In these and other water matters, Applicant expended more than $50,000.00 in legal fees and costs associated with maintaining and protecting its water rights. e. During the diligence period, Applicant spent more than $142,000.00 with Bishop-Brogden Associates, Inc. on water engineering/consulting services including expert reports, studies, meetings and participation in the bankruptcy proceedings. f. During the diligence period, Applicant spent more than $25.000.00 with Deryl W. Gingery, P.E. on water engineering/consulting services including design, expert reports, studies and meetings. g. Applicant has spent thousands of dollars on other legal, financial, development and other experts/consultants regarding the subject development and associated water rights. h. During the diligence period, Applicant has engaged in discussions with the Town of Morrison and City of Lakewood regarding the maximum utility of the subject water rights. 5. Name and address of owner of land: The Hock Hocking Mine Portal is owned by the John T. Oxley Trust, 1437 S. Boulder Avenue, Suite 770, Tulsa, Oklahoma 74119. WHEREFORE, Applicant, Mount Carbon Metropolitan District, prays that this Court enter a Decree finding that Applicant has exercised reasonable diligence in the development of the subject conditional water right, and for such other and further relief as this Court deems just and proper in the premises. 04CW266 RONALD J. REES, 930 West 7th St., Loveland, CO. 80537, 970-667-7696. All future correspondence and pleadings to: Brent Bartlett, Fischer, Brown & Gunn, P.C., P.O. Box Q, Fort Collins, CO 80522. APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN LARIMER COUNTY. 2. Name of Structure: Dutchman Pond. 3. Decree: (a) Date of Original Decree: Oct. 23, 1998. Case No. 98CW272. Court: District Court, Water Division No. 1. (b) Location: West dam starts at a point approx. 190 ft. E. & 276 ft. S. of NW corner of the N. ½ of the NE ¼ of the SE ¼ of Sec. 15, T. 7, N., R. 72 W. of the 6th P.M. & runs generally S. approx. 30 ft. The center point of the east dam is located at a point approx. 395 ft. E. & 316 ft. S. of the NW corner of the N. ½ of the NE ¼ of the SE ¼ of Sec. 15, T. 7 N., R. 72 W. of the 6th P.M. The east dam is approx. 50 ft. long & runs N. & S. from this center point. (c) Source: Buckhorn Creek & surface runoff into the reservoir. (d) Appropriation Date: May 14, 1998,


CONDITIONAL. (e) Amount: 1.0 acre foot., CONDITIONAL, together with the right to fill & refill the reservoir whenever water is legally available. (f) Use: Piscatorial, wildlife habitat & propagation, & recreation. 4. During this diligence period, Applicant has excavated & constructed an access road to the Dutchman Pond area. Applicant expended $1050.00 in fuel costs for the equipment & 340 hrs. removing vegetation and excavating for the road construction. Applicant also expended approximately $8,300.00 on equipment costs. 5. Ownership: The Applicant owns all the structures and places and use. 04CW267 ANTHONY P. MILLER, 63 Elmgreen Lane, Evergreen, Colorado 80439, NORTH FORK ASSOCIATES, LLC and THE MOUNTAIN MUTUAL RESERVOIR COMPANY, 2525 South Wadsworth Blvd., Suite 306, Denver, Colorado 80227. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR UNDERGROUND WATER RIGHTS, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHTS. IN CLEAR CREEK AND JEFFERSON COUNTIES. APPLICATION FOR UNDERGROUND WATER RIGHTS: 1. Names of Wells and Permit, Registration or Denial Numbers: Miller Well No. 1 (Permit No. 98395) and Miller Well Nos. 2, 3 and 4. 2. Legal Description of the Wells: Miller Well No. 1 is located in the NE 1/4 SW 1/4 of Section 12, Township 5 South, Range 72 West, 6th P.M., Clear Creek County, Colorado, at a point approximately 2,396 feet from the South Section line and 2,285 feet from the West Section line of said Section 12. Pursuant to Policy Memo No. 99-1 of the State Engineer, Anthony P. Miller, ("Miller"), requests conditional underground water rights for the Miller Well Nos. 2, 3 and 4. The exact locations of the wells will not be known until the locations of the residences to be served are finally determined. However, the wells can generally be described as being within the N 1/2 SW 1/4 of Section 12, Township 5 South, Range 72 West, 6th P.M., Clear Creek County, Colorado. 3.A. Source of Water: Ground water which is tributary Bear Creek and the South Platte River. 3.B. Depth of Miller Well No. 1: 250 feet. Depth of Miller Well Nos. 2, 3 and 4: 800 feet, approximate. Dates of Appropriation: Miller Well No. 1: May 8, 1978. Miller Well Nos. 2, 3 and 4: October 28, 2004. 4.B. How Appropriation was Initiated: Issuance of a well permit by the Colorado Division of Water Resources and the filing of this Application. 4.C. Dates Water Applied to Beneficial Use: Miller Well No. 1: June 17, 1978. Miller Well Nos. 2, 3 and 4: N/A. 5. Amount Claimed: Miller Well No. 1: 10 gallons per minute, Absolute and 5 gallons per minute, Conditional. Miller Wells Nos. 2, 3 and 4: 15 gallons per minute, Conditional, for each well. 6. Uses: Ordinary household purposes inside a single family dwelling, the watering of domestic animals, irrigation and fire protection purposes. 7. Name and Address of Owner of Land and on which the Wells are or will be Located: Anthony P. Miller, as described above. 8. Remarks: The Permit for the Miller Well No. 1 was originally issued pursuant to Section 37-92-602, 10 C.R.S. Upon approval of the plan for augmentation being requested, a new well permit application for the Well will be submitted to the State Engineer, along with a request that Permit No. 98395 be cancelled. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT: 1. Name of Structures to be Augmented: The wells described in Claim No. 1. 2. Water Rights to be Used for Augmentation Purposes. a. Miller has entered into a contract with North Fork Associates, LLC to purchase 8.7 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 8.7 shares represent the right to receive 0.273 of an acre foot of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders, as more particularly described below. b. The water rights which MMRC owns for the benefit of its shareholders (hereinafter referred to as the "Bear Creek/Turkey Creek water rights"), are summarized as follows: i. Harriman Ditch. 7.71 shares of the 400 shares of capital stock (1.93%), issued and outstanding in the Harriman Ditch Company. Said Company owns direct flow water rights decreed to the Harriman Ditch. Pursuant to the Decree entered in Civil Action No. 6832, on February 4, 1884, the Ditch was awarded the following direct flow


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

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

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

The headgates of the Warrior Ditch are the same as those of the Harriman Ditch, described above. The Ditch was originally decreed for irrigation purposes. iii. Soda Lakes Reservoir Nos. 1 and 2. 8.71 shares of the 400 shares of capital stock (2.18%), issued and outstanding in the Soda Lakes Reservoir and Mineral Water Company. Said Company owns storage water rights decreed to the Soda Lakes Reservoir Nos. 1 and 2. Pursuant to the Decree entered in Civil Action No. 91471 on September 24, 1935, the Soda Lake Reservoir Nos. 1 and 2 were adjudicated for 1,794 acre feet for irrigation purposes, and 598 acre feet for storage for supplying the City of Denver with water for municipal purposes, including the watering of lawns and gardens. The date of appropriation awarded the structures was February 11, 1893. The Soda Lakes Reservoirs are located in Section 1, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Reservoirs are filled through the Harriman Ditch. iv. Meadowview Reservoir. The structure is located in the NE 1/4 SW 1/4 and the NW 1/4 SE 1/4 of Section 26, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado. Meadowview Reservoir was awarded a conditional water right in Case No. 2001CW294, in an amount of water up to 50 acre feet, for augmentation, replacement, exchange and substitution purposes, with the understanding that the amount will be reduced to the difference between 50 acre feet and the volume of water decreed in Case No. 94CW290 for the same purposes. The source is water tributary to North Turkey Creek. Harriman Ditch and Warrior Ditch direct flow water and water available to MMRC in the Soda Lakes Reservoirs are also stored in Meadowview Reservoir by exchange pursuant to the appropriative rights of substitution and exchange decreed in Case Nos. 2000CW060 and 2001CW293, and the currently pending claim in Case No. 94CW290. c. The overall "firm" yield of consumptive use water available from the MMRC portfolio of Bear Creek/Turkey Creek water rights and storage facilities was quantified in the Decree entered by the District Court for Water Division 1 in Case No. 2001CW293, dated July 16, 2003. The terms and conditions under which the Bear Creek/Turkey Creek water rights are used for augmentation and replacement purposes are set forth in the Decree in Case No. 2001CW293, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the Decree in Case No. 2001CW293 for more detailed information. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under C.R.S.


Sections 37-92-103(9), 302(1)(2) and 305(8): a. Miller proposes to subdivide a tract of land consisting of approximately 32 acres into four residential lots. The property is located in the N 1/2 SW 1/4 of Section 12, Township 5 South, Range 72 West, 6th P.M., Clear Creek County, Colorado, and is depicted on the attached Exhibit "A." The water supply for the residences will be obtained from the Miller Well Nos. 1, 2, 3 and 4. b. Wastewater from all in-building uses of water will be treated utilizing non-evaporative septic systems with soil absorption leach fields. Return flows will be to an unnamed tributary of Bear Creek. c. Based on prior engineering studies of similar residential subdivisions, it is assumed that the maximum average occupancy for each single family residence will be 3.5 persons per residence and that the per capita daily water usage will not exceed 80 gallons as an annual average. The augmentation plan will also cover the irrigation of 500 square feet of lawn grass, or equivalent gardens, per lot, and the watering of eight horses. Gross irrigation requirements for lawn grass are anticipated to be no more than 1.25 acre feet of water per irrigated acre. Water requirements for horses are assumed to be 10 gallons per animal per day. The total volume of water required for the development is projected to be approximately 1.4 acre feet per year. d. Depletions associated with water which is used inside the single family residences will be based on a ten percent (10%) consumption factor. Consumption of lawn grass at this location is 1.0 acre foot per acre. All of the water supplied to horses is assumed to be consumed. Maximum stream depletions are not anticipated to exceed 0.273 of an acre foot per year. e. The required volume of augmentation water will be provided from the sources described in Paragraph No. 2, above. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration. f. Whenever possible, depletions to the stream system which occur during the period April through October, inclusive, will be continuously augmented by MMRC forgoing the diversion of a portion of its Warrior Ditch and/or Harriman Ditch direct flow water rights. During times when MMRC's direct flow water rights are not in priority and during the months of November through March, inclusive, depletions will primarily be augmented by periodically releasing water from the Soda Lakes Reservoirs. g. Since the point of depletion associated with water use from the Miller Well Nos. 1, 2, 3 and 4 is upstream of the Harriman Ditch headgate, Miller asserts an appropriative right of substitute supply and exchange pursuant to Sections 37-80-120 and 37-92-302(1)(a), 10 C.R.S. The reach of the exchange shall extend from the confluence of Bear Creek and Turkey Creek at Bear Creek Lake in Section 5, Township 5 South, Range 69 West, 6th P.M., Jefferson County, Colorado; thence up Bear Creek to its confluence with an unnamed tributary in the NW 1/4 NW 1/4 of Section 12, Township 5 South, Range 72 West, 6th P.M.; and thence up the unnamed tributary to the point where depletions from the wells impact the unnamed tributary in the N 1/2 SW 1/4 of Section 12, Township 5 South, Range 72 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in the unnamed tributary of Bear Creek, Bear Creek and the South Platte River as the depletions occur. The exchange will be administered with a priority date of October 28, 2004, at a maximum flow rate of 0.001 of a cubic foot per second. h. Miller believes and asserts that the depletions associated with the wells described herein, combined with depletions associated with other augmentation plans filed subsequent to 1994, will result in less than a one percent depletive effect on the instream flow water rights held by the Colorado Water Conservation Board on Bear Creek that were decreed in Case Nos. 94CW258, 94CW259 and 94CW260. 4. Name and Address of Owner of Land on which New Structures will be Located: Structures described in Paragraph No. 1: Anthony P. Miller, as above described. WHEREFORE, Miller requests the entry of a decree approving this Application, specifically determining that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights. Miller also requests a determination that the wells described herein can be operated without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. Miller further requests the entry of an Order directing the State Engineer to issue permits for the construction and use of the


subject wells. (8 pages and 1 exhibit). 04CW268 MOUNT VERNON VALLEY HOMEOWNERS ASSOCIATION, c/o Samuel G. Livingston, President, 1424 Larimer Street, Suite 300, Denver, Colorado 80202. (David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION TO MAKE ABSOLUTE CONDITIONAL WATER RIGHT AND FOR A FINDING OF REASONABLE DILIGENCE. IN JEFFERSON COUNTY. 1. Names of Structure and Conditional Exchange: Petersburg Reservoir and Mount Vernon Valley Exchange 2. Description of Conditional Water Rights: A. Date of Original Decree: October 9, 1998. Case No.: 97CW336. Court: District Court, Water Division 1. B. Location: Petersburg Reservoir is located in the SE 1/4 NE 1/4 of Section 18, Township 4 South, Range 70 West, 6th P.M., Jefferson County, Colorado, at a point which is approximately 1,650 feet from the North section line and 1,050 feet from the East section line of said Section 18. The Mount Vernon Valley Exchange involves the exchange of a portion of the "firm" yield of consumptive use water available from the Mountain Mutual Reservoir Company ("MMRC") portfolio of water rights, as more particularly described in the Decrees entered in Case No. 97CW336, and Case No. 2001CW293, dated July 16, 2003, to the point of depletion for the wells described in the plan for augmentation approved in 97CW336 and to the Petersburg Reservoir. This is an upstream movement of water. Stream segments impacted by the exchange are portions of Bear Creek and Mount Vernon Creek. The downstream point of the exchange is the confluence of Bear Creek and the South Platte River. The reach of the exchange extends up Bear Creek to the confluence of Bear Creek and Mount Vernon Creek in the SW 1/4 SE 1/4 of Section 35, Township 4 South, Range 70 West, 6th P.M.; and thence up Mount Vernon Creek to the point where depletions from the wells described in Case No. 97CW336 impact Mount Vernon Creek in the NW 1/4 NW 1/4 of Section 18, Township 6 South, Range 70 West, 6th P.M., Jefferson County, Colorado. C. Source: Petersburg Reservoir: Mount Vernon Creek, a tributary of Bear Creek. Mount Vernon Valley Exchange: Consumptive use water decreed to the Warrior Ditch, the Harriman Ditch and the Soda Lakes Reservoir Nos. 1 and 2, and water stored in Spinney Mountain Reservoir. Reference is made to the Decrees entered in Case Nos. 97CW336 and 2001CW293 for a complete description of the MMRC water that is exchanged. D. Dates of Appropriation: Petersburg Reservoir: November 6, 1997. Mount Vernon Valley Exchange: October 27, 1997. E. Amounts: Petersburg Reservoir: 1.5 acre feet, Conditional. Mount Vernon Valley Exchange: 0.25 of a cubic foot per second, Conditional. The annual volume of water exchanged is limited to 1.063 acre feet. F. Use of the Water: Petersburg Reservoir: Recreational, piscatorial, wildlife propagation, fire protection, augmentation and replacement purposes. Mount Vernon Valley Exchange: Augmentation, replacement, substitution and exchange purposes, and to fill and maintain the level of the Petersburg Reservoir. All such uses have been decreed in prior cases in which MMRC has been an applicant or a co-applicant. 3. Outline of What Has Been Done Toward Completion of the Appropriation and Application of Water to a Beneficial Use as Conditionally Decreed: The Mount Vernon Homeowners Association is the successor in interest to the persons who processed the plan for augmentation decreed in Case No. 97CW336. A Plat for the residential subdivision described in the Decree in 97CW336 has been approved by Jefferson County and is called Mount Vernon Valley. Three of the seven lots in the subdivision have now been developed. The Petersburg Reservoir was constructed approximately two years ago. To date, it has not been possible to store water under the November 6, 1997, priority decreed to the Reservoir, but MMRC water has been stored in the Reservoir by exchange. MMRC water has also been exchanged to augment stream depletions from the existing wells in the subdivision. It is estimated that Applicant's predecessors in interest expended in excess of $100,000.00 in obtaining subdivision approval and on construction of the Reservoir and roads since 1998. 5. Dates Water Applied to Beneficial Use: The Mount Vernon Valley Exchange has been operated since November 1, 2000, at rates up to 0.25 of a cubic foot per second. The water has been used for augmentation,


replacement, substitution and exchange purposes in conjunction with the operation of the augmentation plan decreed in Case No. 97CW336, and to fill and maintain the level of water in the Petersburg Reservoir. WHEREFORE, Applicant requests that the Court enter an Order making the Mount Vernon Valley Exchange Absolute in the amount of 0.25 of a cubic foot per second for all of the decreed uses. Applicant further requests that the Court find that diligence has been demonstrated on the completion of the conditional water storage right decreed to the Petersburg Reservoir and enter an Order continuing the conditional status of the storage right for another diligence period. (4 pages) 04CW269 EUNICE J. LARSON MD REVOCABLE TRUST DATED JANUARY 10, 1992, c/o Eunice J. Larson, M.D., Trustee, 34550 Upper Bear Creek Road, Evergreen, Colorado 80439. (David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION TO MAKE ABSOLUTE CONDITIONAL WATER RIGHT AND FOR A FINDING OF REASONABLE DILIGENCE. IN JEFFERSON COUNTY. 1. Name of Conditional Exchange: Larson Exchange. 2. Description of Conditional Water Right: A. Date of Original Decree: October 27, 1998. Case No.: 97CW337. Court: District Court, Water Division 1. B. Summary of the Exchange and the Legal Description of the Upstream and Downstream Points: The Larson Exchange involves the exchange of a portion of the "firm" yield of consumptive use water available from the Mountain Mutual Reservoir Company ("MMRC") portfolio of water rights, as more particularly described in the Decrees entered in Case No. 97CW337, and Case No. 2001CW293, dated July 16, 2003, to the point of depletion for the well described in the plan for augmentation approved in 97CW337. This is an upstream movement of water. The stream segment impacted by the exchange includes a portion of Bear Creek. The downstream point of the exchange is the confluence of Bear Creek and the South Platte River. The reach of the exchange extends up Bear Creek to the point where depletions from the well described in the Decree entered in Case No. 97CW337 impact the Creek in the SW 1/4 SE 1/4 of Section 1, Township 5 South, Range 72 West, 6th P.M., Jefferson County, Colorado. C. Source: Consumptive use water decreed to the Warrior Ditch, the Harriman Ditch and the Soda Lakes Reservoir Nos. 1 and 2, and water stored in Spinney Mountain Reservoir. Reference is made to the Decrees entered in Case Nos. 97CW337 and 2001CW293 for a complete description of the MMRC water that is exchanged. D. Date of Appropriation: April 30, 1997. E. Amount: 0.03 of a cubic foot per second, Conditional. The annual volume of water exchanged is limited to 0.084 of an acre foot. F. Use of the Water: Augmentation, replacement, substitution and exchange purposes. All such uses have been decreed in prior cases in which MMRC has been an applicant or a co-applicant. 3. Outline of What Has Been Done Toward Completion of the Appropriation and Application of Water to a Beneficial Use as Conditionally Decreed: Applicant is the successor in interest to the persons who processed the plan for augmentation decreed in Case No. 97CW337. Since the Decree in Case No. 97CW337 was entered in 1998, the well described in the Decree has been constructed. The Larson Exchange has been operated at a rate of 0.02 of a cubic foot per second. The water has been used for augmentation, replacement, substitution and exchange purposes in conjunction with the operation of the subject augmentation plan. 4. Date of Operation of Exchange: The exchange of MMRC water was first operated on October 27, 2004. WHEREFORE, Applicant requests that the Court enter an Order making the Larson Exchange Absolute in the amount of 0.02 of a cubic foot per second for all of the decreed uses. Applicant further requests that the Court find that diligence has been demonstrated on the completion of the remainder of the exchange and enter an Order continuing the conditional status of 0.01 of a cubic foot per second for another diligence period. (4 pages). 04CW270 PARKER WATER AND SANITATION DISTRICT, c/o Frank P. Jaeger, Manager, 19801 East Mainstreet, Parker, Colorado 80134(303) 841-4627 (Robert F. T. Krassa, KRASSA & MILLER, LLC, 1680 - 38th Street, Suite 800, Boulder, CO 80301, tel. 303-442-


2156) APPLICATION FOR CHANGE OF WATER RIGHT, IN DOUGLAS COUNTY. 2. Decreed names of structures for which change is sought: Parker KOA Well, Parker Wells CC-1 and CC-2, Parker Wells CC-4 through CC-18, Parker Executive Builders Well No. 1 and Parker KOA-2 Well. This case does not request any changes in the water rights for the KOA, KOA-2 or Executive Builders Well No. 1 which were not the subject of cases 83CW346 or 85CW448(A). 3. From previous decree: A. The water rights of Wells KOA, CC-1, CC-2, CC-4, CC-5, CC-6, Executive Builders No. 1 and KOA-2 which are the subject of this case were adjudicated by decree entered July 13, 1992, in Case 83CW346, District Court, Water Division No. 1, which was recorded August 5, 1992 at Reception No. 9228305, Book 1076, page 1104, Douglas County records. These wells were also adjudicated as sources of water for Newlin Gulch Aqueduct No. 1 for storage of water in Newlin Gulch Reservoir, now known as Rueter-Hess Reservoir, in the decree in Case 85CW448(A) entered June 12, 1996 and recorded July 5, 1996 at reception no. 9636472, Book 1353, page 1792, records of Douglas County, for storage in said reservoir for the purposes and under the conditions set out in said decree. A request to authorize the use of Parker Wells CC-7 through 18 as alternate points of said previously mentioned wells i presently pending before this Court in Case 01CW060. A plan for augmentation concerning the previously adjudicated wells was approved by this Court on July 30, 1992 in Case 83CW348(A), and recorded August 5, 1992 at reception number 9228306, Book 1076, page 1123, records of Douglas County, and a First Supplemental Findings, Judgment and Decree in said case 83CW348(A) was entered by this Court March 7, 1995 and recorded April 3, 1995 at reception number 9514586, Book 1255, page 218, records of Douglas County. B. Decreed Points of Diversion of the "Previously Adjudicated Wells" (see also map attached as Exhibit A). All locations are in Township 6 South, Range 66 West of the 6th P.M. in Douglas County, Colorado. Name Section 1/41/4 ft from line ft from line

KOA 27 NENW 1950 W 500 N

CC-1 21 NESE 1100 E 2600 S

CC-2 16 SESE 1250 E 1000 S

CC-4 27 SESW 2000 W 300 S

CC-5 27 SWNE 2100 E 2500 N

CC-6 16 SWNE 1500 E 1500 N

Exec. Bldrs No. 1 34 NENW 1800 W 1300 N

KOA-2 27 NENW 2315 W 860 N

Requested alternate points of diversion of the "Previously Adjudicated Wells" as pending in Case 01CW060 (see also map attached as Exhibit A). All locations are in Township 6 South, Range 66 West of the 6th P.M. in Douglas County, Colorado. Name Sec 1/41/4 ft from line ft from line

CC-7 21 SENE 113 E 1709 N

CC-8 21 NESE 215 E 2159 S

CC-9 16 NWSE 1551 E 2620 S


CC-10 16 NWSE 1895 E 1600 S

CC-11 27 NESW 1501 W 1748 S

CC-12 34 NENW 1600 W 500 N

CC-13 27 SWNW 1327 W 2000 N

CC-14 27 SENW 2300 W 1750 N

CC-15 16 SWNE 1145 E 1600 N

CC-16 16 NWNE 1200 E 650 N

CC-17 16 SESE 690 E 500 S

CC-18 16 SESE 300 E 1300 S

Sources of Water: Groundwater in the alluvial material of Cherry Creek, tributary to said Cherry Creek. D. Appropriation Date: These wells received an appropriation date of March 20, 1985 for the purposes decreed in 85CW448(A). E. Amount: an aggregate of 12 cfs for said wells under the rights decreed in 85CW448(A). F. Historic Use: Not applicable. 4. Proposed Change: The decree in Case 85CW448(A) provides at paragraph 2004.e. that: Before Parker uses alluvial wells to pump water to storage in Newlin Gulch Reservoir via Newlin Gulch Aqueduct No. 1, it shall obtain judicial approval of a change of use for such wells, or a plan for augmentation, consistent with the provisions of paragraph 4 of its April 1, 1996 stipulation with Arapahoe. Paragraph 4 of Parker's April 1, 1996 stipulation in Case 85CW448 with Arapahoe Water and Sanitation District provides that: The following provision are made concerning use of wells mentioned in the attached decree to pump water into Newlin Gulch Aqueduct No. 1 for storage in Newlin Gulch Reservoir. a. Water rights for said wells were adjudicated by decree of this Court in Case 83CW346 and are the subject of a plan for augmentation approved by decree of this Court in Case 83CW348. Although Parker may produce water from any of those wells under more than one water right, Parker agrees that it will not operate any of those wells in such a manner as to exceed the amount adjudicated in said Case 83CW346. b. Prior to using said wells to produce water to storage in Newlin Gulch Reservoir, Parker will, at its option, either obtain a change of water right to add storage to the decreed uses in Case 83CW346, or obtain judicial approval of a plan for augmentation to prevent injury to other water users from use of said wells to produce water adjudicated in the present case, or both. Arapahoe agrees that it will not, in such cases, require substantive protective terms more onerous on Parker than those in said decree in Case 83CW348(A). c. It is the intention of the parties that the use of said wells to produce water for storage, shall not result in more total production of water, or stream depletions, or change in timing of said production of water and resulting stream depletion, than would be allowed at full production under said decrees in Cases 83CW346 and 83CW348(A). The purpose of this application is to add storage to the uses of the wells which are the subject of said cases 83CW346, 85CW448(A) and 01CW060, and to request the Court to determine what, if any, provisions not already contained in the decrees in Cases 83CW346, 83CW348 and 85CW448(A) are necessary to allow the use of the above mentioned alluvial wells to pump water to storage in Newlin Gulch Reservoir, now known as Rueter-Hess Reservoir. The dam of Rueter Hess Reservoir is located on Newlin Gulch in Sections 30 and 31, Township 6 South, Range 66 West of the 6th P.M. in Douglas County. Please see the decree in Case 85CW448(A), which is incorporated by this reference, for further information as to this reservoir. Parker further states that the issues in this case are different from those in pending case 01CW060. In that case, Parker requested that Wells


CC-7 through 18 be designated as alternate points of diversion for previously adjudicated alluvial wells, as a result of a detailed examination of the aquifer, without any change in uses, pumping rates or otherwise. The purpose of this case is to confirm that Parker may also pump the water from all of those alluvial wells to storage as well as for immediate use. 5. Applicant proposes that all terms and conditions of the said decrees in Cases 83CW346, 83CW348(A) and 85CW448(A) which are consistent with the changes here requested shall apply equally to the water produced under the rights decreed therein from said alternate points of diversion. 6. The Decrees in Cases 83CW346, 83CW348(A) and 85CW448(A), are res judicata as to all matters concerning the subject water rights except any additional provisions which may be necessary to prevent injury due to the changes here requested. 7. Wells CC-7 through 18 are or will be located on land presently believed to be owned by the following: CC-7, CC-8, CC-9, CC-15 and CC-17: Applicant owns in fee or has easements. CC-10, CC-11, CC-12, CC-13 and CC-14: Town of Parker, 20120 East Mainstreet, Parker CO 80134 CC-16: Strawberry Tierra Inc., 5613 DTC Parkway #170, Englewood, CO 80111. CC-18: Parker Land Associates Limited Partnership, 518-17th Street, 17th Floor, Denver, CO 80202 Parker owns the site of Rueter-Hess Reservoir. 8. The historic use of the subject wells is not applicable. Although wells CC-15 and CC-17 have been constructed and tested and will be operated pursuant to an approved substitute water supply plan, there has not yet been production of water pursuant to the 1983 or 1985 5 priorities of the subject wells. 9. Parker has the financial ability to acquire all necessary property interests, and the power to acquire by eminent domain if necessary. WHEREFORE, Applicant prays that this Court enter a decree: (a) Determining what, if any, additional terms and conditions are legally required before Parker can pump the said alluvial wells to storage in Rueter-Hess reservoir. (b) Determining that pumping the alluvial wells to storage under the terms and conditions of cases 83CW346, 83CW348(A) and 85CW448(A) will not injuriously affect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right. (c) For such further and additional relief as the Court may deem proper. 04CW271 (97CW222, 87CW161, 83CW214 and W-1318) HOCK HOCKING, L.L.C., MERIDIAN METROPOLITAN DISTRICT, BRADBURY FAMILY PARTNERSHIP, and CENTENNIAL WATER AND SANITATION DISTRICT (collectively "Co-Applicants"), c/o Grimshaw & Harring, P.C., 1700 Lincoln St. Suite 3800, Denver, CO 80203 (respective counsel described below). APPLICATION TO MAKE PORTIONS OF CONDITIONAL DEVELOPED WATER RIGHT ABSOLUTE (OR, ALTERNATIVELY, FOR FINDING OF PERIODIC DILIGENCE AS TO SUCH PORTIONS) AND APPLICATION FOR PERIODIC FINDING OF REASONABLE DILIGENCE AS TO THE REMAINDER OF SUCH DECREE, OF CO-APPLICANTS, IN PARK COUNTY. 1. Names, Addresses and Telephone Numbers of the Co-Applicants and Counsel: a. Hock Hocking, L.L.C., an Oklahoma Limited Liability Company qualified to do business in Colorado (“Hock Hocking”), 1437 S. Boulder Avenue, Suite 770, Tulsa, Oklahoma, 74119; telephone: (918) 584-1978. Counsel: Kenneth J. Burke, Attorney at Law, No. 194, 1600 Broadway, Suite 2350, Denver, CO 80202; telephone: (303) 861-2500. b. Meridian Metropolitan District, a Quasi-Municipal Corporation and Political Subdivision of the State of Colorado (“Meridian”), Attn: Raymond A. Bullock, 8350 E. Crescent Parkway, #100, Englewood, CO 80111; telephone: (303) 773-1700. Counsel: Wayne B. Schroeder, No. 2447, Jody Harper Alderman, No. 24450, GRIMSHAW AND HARRING, PC, 1700 Lincoln Street, Suite 3800, Denver, CO 80203; telephone: (303) 839-3800. c. Bradbury Family Partnership ("Bradbury"), Attn: Gary A. Woods, Bradbury Properties, Inc., 9137 E. Mineral Circle, Suite 180, Englewood, CO 80112; telephone: 303.708.1105. Counsel: Wayne B. Schroeder, No. 2447, Jody Harper Alderman, No. 24450, GRIMSHAW AND HARRING, PC, 1700 Lincoln Street, Suite 3800, Denver, CO 80203, telephone: (303) 839-3800. d. Centennial Water and Sanitation District, a Quasi-Municipal Corporation and Political Subdivision of the State of Colorado


(“Centennial”), Attn: John Hendrick, General Manager, 62 West Plaza Drive, Highlands Ranch, CO 80129; telephone: (303) 791-0430. Counsel: Veronica A. Sperling, No. 14310, Moses Wittemyer Harrison & Woodruff PC, P.O. Box 1440, Boulder, CO 80306; telephone: (303) 443-8782. 2. Structure Name: Hock Hocking Mine Portal. 3. Describe the conditional water right giving the following from the Referee’s Ruling and Judgment and Decree: a. Date of Original Decree: October 16, 1979, Case No. W-1318, Court: District Court in and for Water Division 1. b. Decreed Location: The Hock-Hocking Mine portal is located at a point whence the North Quarter Corner of Section 15, Township 9 South, Range 78 West of the 6th P.M., bears North 22º 51’ 40” East 3,051.7 feet. A map of the mine portal may be found at page 9 of the document recorded on October 5, 2004 under Reception Number 605409 of the records of the Clerk and Recorder, Park County, Colorado. c. The Source of Water: Nontributary developed water that has been or can be intercepted by the workings of the Hock Hocking Mine. d. The Date of Appropriation: The appropriation date is June 1, 1964. e. Amount: Of the 8.50 c.f.s. originally decreed conditional, 0.40 cfs has previously been made absolute. Co-Applicants seek additional findings regarding their separately owned components as set forth below. f. The Uses of the Water: All beneficial purposes, including domestic, irrigation, municipal, manufacturing, mechanical, fire protection, mining and milling, recreation, including fishery and wildlife, and maintenance of adequate storage systems and reserves. The right to apply the developed water to beneficial uses shall also include the right of disposition and the right to use, reuse and successively use all of such water to extinction. 4. Amounts of Water owned by the Respective Co-Applicants and the portions thereof sought to be made absolute herein (or, alternatively, to be continued as conditional based upon the same facts presented), and the remaining portions sought to be continued as conditional: Owner Amounts Owned Portion

Previously Made Absolute

Portion Sought to be Made Absolute (Or, Alternatively, Continued as Conditional)

Remaining Portion to be Continued as Conditional

Hock Hocking

7.8328 c.f.s 0.00 c.f.s 0.4818 c.f.s. 7.3510 c.f.s.

Meridian 0.0345 c.f.s. 0.00 c.f.s 0.0000 c.f.s. 0.0345 c.f.s. Bradbury 0.0345 c.f.s. 0.00 c.f.s 0.0000 c.f.s. 0.0345 c.f.s. Centennial 0.1382 c.f.s. 0.00 c.f.s 0.1382 c.f.s. 0.0000 c.f.s. On August 4, 2004, both Hock Hocking and Centennial first diverted water in the indicated amounts for all decreed beneficial purposes and maintained diversions for such purposes thereafter. The water was applied to beneficial uses within the service area of Co-Applicant Centennial. 5. Detailed Outline of Co-Applicant Activity During the Diligence Period Toward or for Completion of the Appropriation and Application of Water to a Beneficial Use as Conditionally Decreed, Including Expenditures: a. Hock Hocking: Since the last diligence filing, Hock Hocking has performed activities necessary to advance this Co-Applicant’s interests in developing the foregoing conditional water right, including the following: rehabilitation of in-mine narrow-gauge rail service needed to develop water; construction and maintenance of diversion works; maintenance, repair and monitoring of appropriate water measurement devices; securing appropriate MSHA prospecting permits; continued in-mine long-hole borings and related in-mine exploration activities and technical services related thereto; accommodation of increased in-mine water flows; conduct of water quality analyses; repair and maintenance of mine timbers; redrafting and execution of agreements for the lease and sale of portions of the decreed water rights and the application of the subject waters to beneficial uses; extension and maintenance of electrical service; assisting in the incorporation of certain of the water available


under the conditionally decreed water rights into the water supply planning of Hock Hocking, Co-Applicants Meridian, Bradbury and Centennial and Ranch of the Rockies Association; securing pertinent legal, technical and planning services regarding the application of the conditionally decreed water right to beneficial uses and coordination of same with the appropriate Water Commissioners. During the diligence period, Hock Hocking itself, or through parties with which it was in privity, applied 0.6200 c.f.s. of the 7.8328 c.f.s. now owned by it to beneficial use. In furtherance of this work during the diligence period, Hock Hocking has expended at least $248,798.30 in connection with the foregoing activities. b. Meridian: During the due diligence period Meridian has expended at least $13,883.43 in connection with title examination, the preparation for and closing of a contract to purchase, plus consulting fees. In February of 2004 the water rights owned by Meridian were incorporated into an Augmentation Plan by decree in Case No. 01CW257, in the District Court in and for Water Division No. 1, entered February 24, 2004. c. Bradbury: During the diligence period, Bradbury has expended at least $5,998.84 in connection with the preparation of a contract for purchase and a deed of trust, plus consulting fees. d. Centennial: During the diligence period, Centennial purchased the portion of the subject water right set forth above, and it transported the same to the Denver Metropolitan Area where water was diverted into facilities under Centennial’s control, and where all of the water remaining after adjustments were made for transportation losses was placed to beneficial use within Centennial’s Service Area. In furtherance of this work during the diligence period, Centennial has utilized its salaried staff and has expended funds for outside legal assistance of at least $6,834.00 in connection with the foregoing activities. Wherefore, Co-Applicants hereby request that the water court enter an order making the requested portions of their conditional decree absolute, (or, alternatively, for a finding that the pertinent applicants have exercised reasonable diligence as to said portions of the subject conditional water right) and an order finding that co-applicants have exercised reasonable diligence as to the remaining portions of said conditional water right. 04CW272 CAMPBELL DEVELOPMENT, INC., 1100 Haxton Drive, Fort Collins, CO 80525 (970) 223-2205 originally filed for the water rights that are the subject of this application and remain the legal owner of these water rights. FOX ACRES COMMUNITY SERVICES, INC. c/o Ted Carter, P.O. Box 38, Red Feather Lakes, CO 80545 (970) 881-2668 and FOX ACRES EQUITY CLUB, INC. (d/b/a Fox Acres County Club) P.O. Box 10, 3350 Fox Acres Drive West, Red Feather Lakes, CO 80545 (970) 881-2668 are the assignees of these water rights. The three applicants will collectively be referred to herein as the “Applicant.” (Daniel K. Brown, Esq., Fischer, Brown & Gunn, P.C., P.O. Box Q, Fort Collins, CO 80522 (970) 407-9000) APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN LARIMER COUNTY. 2. Name of structures: A. Fox Acres Reservoir No. 3, a/k/a Lake Menominee, Case No. W-9293-78, originally decreed November 15, 1979. Findings of Diligence and Claim to make ABSOLUTE decreed in Case No. 83CW240 on October 11, 1985. B. Middle Letitia Lake, a/k/a Lake Chippewa, case No. W-9302-78, originally decreed December 18, 1979. Findings of Diligence and Claim to make ABSOLUTE decreed in Case No. 83CW248 on October 11, 1985. C. Upper Fox Acres Reservoir No. 3, a/k/a Lake Nisqually, Case No. W-9295-78, originally decreed March 3, 1980. Findings of Diligence and Claim to make ABSOLUTE decreed in Case No. 83CW242 on October 11, 1985. D. Deer Lake No. 2, a/k/a Lake Black Feet, Case No. W-9303-78, originally decreed March 3, 1980. Findings of Diligence and Claim to make ABSOLUTE decreed in Case No. 83CW249 on October 11, 1985. 3. Describe conditional water right (as to each structure) giving the following from the Referee's Ruling and Judgment and Decree: A. Date of Original Decree: April 24, 1990, Case No. 85CW306. Court: District Court, Water Division No. 1. Filing of Reasonable Diligence: October 10, 1998, Case No. 96CW104. Court: District Court, Water Division No. 1. Those rights that remained conditional


in Case No. 96CW104 are the subject of this application. B. Location: The precise location of each reservoir is as described in the original decree for each separate reservoir. All of the reservoirs are located adjacent to the Fox Acres Country Club property near Red Feather Lakes, Colorado, in portions of Section 22, 27 and 28, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado. A map showing the locations of the reservoirs is attached as Exhibit A. C. Source: The sources for all reservoirs is water from the North Branch of the Lone Pine Creek, a/k/a North Lone Pine Creek, through the Mitchell Ditch. Water from North Lone Pine Creek carried through the Mitchell Ditch was conditionally decreed in Case No. 82CW408 as an additional source of water for the storage rights described in paragraph 2 hereof. An additional decreed source of water for Fox Acres Reservoir No. 3, Upper Fox Acres Reservoir No. 3, Lower Fox Acres Reservoir No. 3 is Wildcat Creek, and an additional decreed source for Lower Letitia Lake is Columbine Creek, a/k/a Columbine Canyon. All sources are ultimately tributary to the Lone Pine Creek, which in turn is tributary to the Cache La Poudre River, which is tributary to the South Platte River. D. Original decreed capacity of reservoirs: Fox Acres Reservoir No. 3: 49.2 acre feet. Upper Fox Acres Reservoir No. 3: 6.9 acre feet. Deer Lake No. 2: 9.5 acre feet. Middle Letitia Lake: 4.0 acre feet. Lower Fox Acres Reservoir No. 3: 4.1 acre feet. E. Amounts of first enlargement of reservoirs: The amounts stated below are in addition to the amounts previously decreed for each of these structures as set forth above. Fox Acres Reservoir No. 3: 40.1 acre feet ABSOLUTE for irrigation; 40.1 acre feet CONDITIONAL for all other beneficial uses. Upper Fox Acres Reservoir No. 3: 0.87 acre feet ABSOLUTE for irrigation, recreation and fish propagation; 0.87 acre feet CONDITIONAL for all other beneficial uses. Deer Lake No. 2: 1.99 acre feet ABSOLUTE for irrigation, recreation and fish propagation; 1.99 acre feet CONDITIONAL for all other beneficial uses. Middle Letitia Lake: 2.48 acre feet ABSOLUTE for irrigation; 2.48 acre feet CONDITIONAL for all other beneficial uses. Lower Fox Acres Reservoir No. 3: 28.5 acre feet ABSOLUTE for irrigation, 14.19 acre feet CONDITIONAL for irrigation; 42.69 acre feet CONDITIONAL as to all beneficial uses. F. The dates of appropriation as to the enlargement rights: Fox Acres Reservoir No. 3: December 31, 1983. Upper Fox Acres Reservoir No. 3: December 31, 1983. Deer Lake No. 2: December 31, 1980. Middle Letitia Lake: December 31, 1978. Lower Fox Acres Reservoir No. 3: September 30, 1984. G. Uses: Irrigation, recreation, fish propagation and augmentation. In addition, water may be used for domestic purposes under the rights granted herein as to the Fox Acres Reservoir No. 3 and Lower Fox Acres Reservoir No. 3. The general description of the place of use is Applicant’s golf course and residential development known as Fox Acres, situate in portions of Section 22, 27 and 28, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado. 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: Applicant has continued with the development and construction of single-family residences upon Fox Acres property and with the development of the water distribution facility for this development. Piezometers were installed in the dam of the Fox Acres Reservoir No. 3 to determine seepage loss from the dam. Based on the information obtained from the piezometers, Applicant constructed an impervious liner on the upstream face of the dam for the purpose of reducing seepage loss from the dam and assuring that the dam will be able to be legally filled to its high water mark. The cost of this liner was $482,816. During the diligence period, Applicant has also completed approximately $150,000 worth of improvements to its water delivery facilities. The water stored in the reservoirs is part of an integrated domestic water supply system, and the work done on the total system is applicable in showing diligence in regard to the conditionally decreed domestic rights. The described reservoirs, together with appropriate diversion facilities, are in place; however, due to the unavailability of either water in the North Lone Pine or capacity in the Mitchell Ditch for the carriage of such water to the reservoirs, it has not been practical for Applicant to store the amount conditionally decreed during this diligence


period. It has instead been able to utilize other sources. However, whenever Applicant does not have a more feasible source of supply, Applicant intends to utilize the right in full when it is in priority, and when there is available capacity in the Mitchell Ditch and any of the described reservoirs. 5. Name(s) and address(es) 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: Fox Acres Equity Club, Inc., d/b/a Fox Acres County Club, P.O. Box 10, 3350 Fox Acres Drive West, Red Feather Lakes, CO 80545 (970) 881-2668. WHEREFORE, Applicant prays that his Court issue its findings and determination that Applicant has exercised due reasonable diligence during the six years following entry of the decree in 96CW104 toward completion of the appropriation and application of water therein decreed as to all of the beneficial uses conditionally decreed as set forth in paragraph 3 hereof. Applicant further prays that this Court continue in full force and effect all such conditional water rights for an additional six year period, and for such other relief as the Court may deem proper. 04CW273 04CW273 (96CW031) CITY OF GREELEY, acting by and through its Water and Sewer Board (“Greeley”), c/o Martin Howell, Water Resources Administrator, 1100 10th Street, third floor, Greeley, Colorado 80631 (970) 350-9811. Send copies of pleadings to Douglas M. Sinor, Esq., Trout, Witwer & Freeman, P.C., 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203. APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN LARIMER AND WELD COUNTIES. Name of structures: This application concerns the conditional right of exchange decreed to Greeley in Case No. 87CW329, District Court, Water Division No. The relevant structures are Greeley’s wastewater treatment plant and the Lonetree wastewater treatment plant and the structures and facilities of the Greeley and Loveland Irrigation Company, Seven Lakes Reservoir Company and Loveland and Greeley Reservoir Company (collectively referred to hereafter as the “Companies”), as more particularly described in the decree entered in Case No. 87CW329. Description of conditional water right: Date of original decree: The original decree in Case No. 87CW329, District Court, Water Division No. 1, was entered on February 6, 1990. Description of exchange reach: Pursuant to the decree entered in Case No. 87CW329, Greeley may divert excess municipal return flows from water rights changed in Case No. 87CW329 released from Greeley’s wastewater treatment plant and the Lonetree wastewater treatment plant by exchange at the headgates of the Companies. Greeley’s wastewater treatment plant outfall is located on the North bank of the Cache la Poudre River, approximately 620 feet East of the West Section line and 360 North of the South Section line of Section 4, T5N, R66W. The Lonetree wastewater treatment plant outfall is located on Lone Tree Creek approximately one mile upstream of the confluence of that creek and the South Platte River in Section 31, T6N, R64W. The Companies’ headgates are located on the Big Thompson River in Sections 15 and 17, T5N, R69W, 6th P.M, Larimer County, Colorado. The exchange reach is from the confluence of the Cache la Poudre and South Platte Rivers to the Companies’ headgates on the Big Thompson River. Source: Water in the Cache la Poudre, South Platte and Big Thompson Rivers in the exchange reach. Appropriation date: June 2, 1969. Use: For all municipal purposes, with the right to use to extinction by reuse, successive use or disposition. Prior diligence and absolute decree: The decree entered on October 20, 1998 in Case No. 96CW031 a) confirmed that Greeley has made a portion of the subject conditional exchange water right absolute for all municipal uses in the amount of 460 acre-feet and10 cfs; and b) continued the remaining conditional right of exchange in full force and effect until October 31, 2004. Integrated System: The right of exchange decreed in Case No. 87CW329 is a component of Greeley’s municipal water supply system, which is an integrated system comprised of several different water rights, features and facilities. Work on one or more features of this integrated system constitutes effort toward development of the water rights for all features of the system. Detailed outline of what has been


done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed: In 2004, Greeley completed a multi-year water planning effort by adopting a Water Master Plan that evaluates Greeley’s future growth potential and its current water supplies and facilities and provides direction for acquisition of new supplies and better use of existing water rights and facilities to meet the projected future water demand. During the diligence period, Greeley expended approximately $140,000 on consultant fees and invested hundreds of hours of Greeley staff time to develop the Water Master Plan. In connection with the Water Master Plan, Greeley has been developing a Non-Potable Water Master Plan that further identifies ways for Greeley to better use its existing water rights. During the diligence period, Greeley has expended approximately $110,000 in consultant fees and has invested hundreds of hours of Greeley staff time on this project. Greeley also recently completed a Sewer Master Plan to evaluate potential demand for sewer service and ways to best meet the projected demand. Greeley expended approximately $320,000 to develop the plan. During the diligence period, Greeley has evaluated use of several lined gravel pits as potential storage vessels for effluent in order to facilitate exchanges to the Companies’ headgates pursuant to the subject right of exchange. Greeley is nearing completion of its 25th Avenue (Flatirons) storage pit and is developing another storage pit known as the F Street pit. The cost to date of preparation of the 25th Avenue pit for storage is $4.2 million. Greeley has also filed for conditional water rights in connection with these pits. Greeley has expended approximately $25,000 in consultant fees in evaluation of these gravel pits for storage. Throughout the diligence period, Greeley has maintained, repaired and improved its water supply system to facilitate better use of its water supplies and water rights, including the subject right of exchange. During the diligence period, Greeley expended approximately $5.7 million on general maintenance and repairs of its water system. In addition, Greeley expanded the Boyd Lake Water Treatment Plant by adding four filter bays to the plant. Greeley also rehabilitated the existing filters of the plant and the “SCADA” system at a total cost of $5.35 million. These improvements will provide greater peak treatment capacity and facilitate greater use of the subject right of exchange. Greeley recently added a water storage tank, pump station and piping for an area known as “pressure zone 4" to increase service potential to the area west of Greeley. The total cost of these improvements was approximately $4.8 million. Greeley recently updated and automated its decree accounting, allowing Greeley to better track its water supplies and the available exchange potential. Greeley expended approximately $30,000 on consultant fees and also invested hundreds of Greeley staff hours on this project. During the diligence period, Greeley filed for several new water rights for Greeley’s water supply system that will compliment the subject right of exchange, and filed statements of opposition to at least 14 water rights applications in Water Division No. 1 to protect its water rights on the Big Thompson River, including the subject right of exchange. Greeley has expended an estimated $160,000 on legal and engineering consultant fees in the defense and protection of its water rights in these cases. Names and addresses of owners of land on which structure is located and upon which water is placed to beneficial use: Greeley owns the Greeley wastewater treatment plant. On information and belief, Monfort Finance Company, Inc./Swift Beef Company own the Lonetree wastewater treatment plant, 1779 Promontory Circle, Greeley, Colorado 80634. The Companies own their respective structures and facilities, 808 23rd Avenue, Greeley, Colorado 80631. Water is beneficially used on lands owned by customers served by Greeley’s water supply system. It is not reasonably practical to identify all the owners of the lands served by that water supply system. WHEREFORE, Greeley requests the Court enter a decree finding that Greeley has exercised reasonable diligence toward completion of the appropriation for the conditional right of exchange decreed in Case No. 87CW329 and continuing said conditional water right for another six-year diligence period.


04CW274 (94CW150) EVERGREEN METROPOLITAN DISTRICT, 3901 Evergreen Parkway, Evergreen, Colorado 80439 (303) 674-4112, through its attorneys: Collins, Cockrel & Cole, P.C., Evan D. Ela, Atty. Reg. #23965, 390 Union Blvd., Suite 400, Denver, Colorado 80220-1556, 303-986-1551), APPLICATION FOR FINDINGS OF CONTINUED DILIGENCE AND TO MAKE ABSOLUTE CONDITIONAL WATER RIGHTS, IN JEFFERSON COUNTY. 2. Name of Structures: Hiwan Reservoir No. 8 First Enlargement, Hiwan Reservoir No. 9, Hiwan Reservoir No. 10, Soda Lakes Reservoirs, Pioneer Union Ditch, Cooley Reservoirs No. 1 and 2, Evergreen Reservoir, Evergreen’s Raw Water Intake Diversion, West Jefferson County Metropolitan District Wastewater Treatment Plant Afterbay, Hiwan Reservoirs No. 1 and 4 – 7, Bear Creek Reservoir, and Harriman Ditch. 3. Previous Decrees: The conditional water storage rights for which findings of perfection and continued diligence are sought were originally decreed by the Division 1 Water Court in Case No. 94CW150 on October 20, 1998, with common appropriation dates of September 7, 1994. The conditional water substitution and exchange rights for which findings of perfection and continued diligence are sought were originally decreed by the Division 1 Water Court in Case No. 94CW150 on October 20, 1998, with common appropriation dates of September 30, 1980. 4. Description of conditional storage water rights from original decree: 4.1. Hiwan Reservoir No. 8 First Enlargement. 4.1.1 Location: The reservoir outlet is located at a point whence the NW Corner of Section 28, Township 4 South, Range 71 West, 6th P.M., bears North 42º30’ West, 4480 feet. 4.1.2. Amount: 30 acre-feet, CONDITIONAL, at any in-priority fill rate available because this is an on-channel reservoir. 4.1.3 Source: Troublesome Creek.. 4.1.4 Uses: All beneficial uses related to the District’s operations including, but not limited to, municipal, domestic, irrigation, commercial, industrial, mechanical, power generation, fire protection, recreation, fish and wildlife, replacement, exchange, augmentation, and substitution in aid of the foregoing uses. 4.1.5 Appropriation date: September 7, 1994. 4.2 Hiwan Reservoir No. 9. 4.2.1 Location: The reservoir outlet is located at a point whence the NW Corner of Section 28, Township 4 South, Range 71 West, 6th P.M., bears North 24º30’ West, 1250 feet. 4.2.2 Amount: 70 acre-feet, CONDITIONAL, at any in-priority fill rate available because this is an on-channel reservoir. 4.2.3 Source: Troublesome Creek.. 4.2.4 Uses: Same as 4.1.4 above. 4.2.5 Appropriation date: Same as 4.1.5 above. 4.3 Hiwan Reservoir No. 10. 4.3.1 Location: The reservoir outlet is located at a point whence the NW Corner of Section 28, Township 4 South, Range 71 West, 6th P.M., bears North 32º45’ West, 1930 feet. 4.3.2 Amount: 46 acre-feet, CONDITIONAL, at any in-priority fill rate available because this is an on-channel reservoir. 4.3.3 Source: Troublesome Creek.. 4.3.4 Uses: Same as 4.1.4 above. 4.3.5 Appropriation date: Same as 4.1.5 above. 5. Description of conditional water exchange rights from original decree. At any time when in priority and when a live stream exists between the upstream and downstream points of exchange described herein, and all intervening water rights senior to September 30, 1980 are satisfied, Evergreen shall be entitled to operate the following exchanges: 5.1 Soda Lakes – Bear Creek Exchange. 5.1.1 Points of Diversion by Exchange. 5.1.1.1 Cooley Reservoirs No. 1 and 2 through the Town of Morrison intakes on Bear Creek.. 5.1.1.2 Evergreen Reservoir. 5.1.1.3 Evergreen’s Raw Water intakes from Evergreen Reservoir. 5.1.1.4 West Jefferson County Metropolitan District Wastewater Treatment Plant Afterbay on Troublesome Gulch. 5.1.1.5 The Hiwan Reservoirs Nos. 1 and 4 – 10 on Troublesome Gulch. 5.1.2 Substitute Supplies and Methods of Release. 5.1.2.1 Water stored in Soda Lakes may be released directly into the Harriman Ditch as against water that would otherwise have been diverted into the Harriman Ditch in exchange for diversion of the same amount at the points of diversion named in paragraph 5.1.1. 5.1.2.2 Water stored in Soda Lakes may be released directly into Turkey Creek and conveyed to its confluence with Bear Creek for exchange up Bear Creek to the points of diversion named in paragraph 5.1.1. 5.1.3 Amount: Up to 10.0 cfs at Evergreen Reservoir, Evergreen’s Raw Water Intakes, Cooley Reservoirs No. 1 and 2, and/or Hiwan Reservoirs Nos. 1 and 4 – 10, CONDITIONAL; and up to 1.5 cfs at the West Jefferson County Metropolitan District Wastewater Treatment Plant Afterbay, CONDITIONAL. 5.2 Bear Creek


Reservoir – Bear Creek Exchange. 5.2.1 Points of Diversion by Exchange. 5.2.1.1 The headgate of the Harriman Ditch. 5.2.1.2 Cooley Reservoirs No. 1 and 2 through the Town of Morrison intakes on Bear Creek. 5.2.1.3 Evergreen Reservoir. 5.2.1.4 Evergreen’s Raw Water intakes from Evergreen Reservoir. 5.2.1.5 West Jefferson County Metropolitan District Wastewater Treatment Plant Afterbay on Troublesome Gulch. 5.2.1.6 The Hiwan Reservoirs Nos. 1 and 4 – 10 on Troublesome Gulch. 5.2.2 Substitute Supplies and Methods of Release. 5.2.2.2 Water stored by Evergreen in Bear Creek Reservoir may be released directly into Bear Creek for exchange up Bear Creek to the points of diversion named in paragraph 5.2.1. 5.2.3 Amount: Up to 10.0 cfs at Evergreen Reservoir, Evergreen’s Raw Water Intakes, Harriman Ditch headgate, Cooley Reservoirs No. 1 and 2, and/or Hiwan Reservoirs Nos. 1 and 4 – 10, CONDITIONAL; and up to 1.5 cfs at the West Jefferson County Metropolitan District Wastewater Treatment Plant Afterbay, CONDITIONAL. 5.3 Cooley Reservoir – Bear Creek Exchange. 5.3.1 Points of Diversion by Exchange. 5.3.1.1 Evergreen Reservoir. 5.3.1.2 Evergreen’s Raw Water intakes from Evergreen Reservoir. 5.3.1.3 West Jefferson County Metropolitan District Wastewater Treatment Plant Afterbay on Troublesome Gulch. 5.3.1.4 The Hiwan Reservoirs Nos. 1 and 4 – 10 on Troublesome Gulch. 5.3.2 Substitute Supplies and Methods of Release. 5.3.2.2 Water stored by Evergreen in Cooley Reservoirs No. 1 and 2 may be released directly into Bear Creek for exchange up Bear Creek to the points of diversion named in paragraph 5.3.1. 5.3.3 Amount: Up to 10.0 cfs at Evergreen Reservoir, Evergreen’s Raw Water Intakes, and/or Hiwan Reservoirs Nos. 1 and 4 – 10, CONDITIONAL; and up to 1.5 cfs at the West Jefferson County Metropolitan District Wastewater Treatment Plant Afterbay, CONDITIONAL. 5.4 Pioneer Union Ditch – Bear Creek Exchange. 5.4.1 Points of Diversion by Exchange. 5.4.1.1 Bear Creek Reservoir. 5.4.1.2 Soda Lakes through the Harriman Ditch. 5.4.1.3 Cooley Reservoirs No. 1 and 2 through the Town of Morrison intakes on Bear Creek. 5.4.1.4 Evergreen Reservoir. 5.4.1.5 Evergreen’s Raw Water intakes from Evergreen Reservoir. 5.4.1.6 West Jefferson County Metropolitan District Wastewater Treatment Plant Afterbay on Troublesome Gulch. 5.4.1.7 The Hiwan Reservoirs Nos. 1 and 4 – 10 on Troublesome Gulch. 5.4.2 Substitute Supplies and Methods of Release. 5.4.2.1 Water available to Evergreen by its ownership interest in the priorities in the Pioneer Union Ditch may be left in Bear Creek at the Pioneer Union headgate for exchange up Bear Creek to the points of diversion named in paragraph 5.4.1. 5.4.3 Amount: Up to 1.235 cfs at all points of diversion described in paragraph 5.4.1 above, CONDITIONAL. 5.5 Hiwan Reservoir Exchanges. 5.5.1 Points of Diversion by Exchange. 5.5.1.1 Hiwan Reservoir No. 1. 5.5.1.2 Hiwan Reservoir No. 4. 5.5.1.3 Hiwan Reservoir No. 5. 5.5.1.4 Hiwan Reservoir No. 6 5.5.1.5 Hiwan Reservoir No. 7. 5.5.1.6 Hiwan Reservoir No. 8. 5.5.1.7 Hiwan Reservoir No. 9. 5.5.1.8 Hiwan Reservoir No. 10. 5.5.2 Substitute Supplies and Methods of Release. 5.5.2.1 Water stored by Evergreen in Hiwan Reservoirs Nos. 1 and 4-10 may be released directly into Troublesome Gulch or its tributaries and an available like amount will be stored in one or more of the other Hiwan Reservoirs Nos. 1 and 4-10. 5.5.3 Amount: The lesser of the amount of the release or the amount of inflow available at any or all of the reservoirs to which the exchange is being operated, CONDITIONAL. 6. Outline of work done during the diligence period (October 20, 1998 through October 31, 2004) toward completion of the appropriation and application of water to beneficial uses as conditionally decreed, including expenditures. During the relevant diligence period, expenditures on the following projects and activities were made that benefited the water rights decreed in Case No. 94CW150, further developed the Evergreen’s integrated water supply system and provided protection of Evergreen’s Bear Creek and Troublesome Creek water rights. 6.1 Evergreen made significant improvements to its Water Treatment Plant, including the addition of a membrane treatment system to enhance treatment efficiency and to double the overall treatment capacity, at an approximate cost of $6,000,000. 6.2 Evergreen made improvements to the West Jefferson County Metropolitan District Wastewater Treatment Plant by upgrading the facilities for pumping wastewater to the Hiwan Reservoirs totaling approximately $10,000. 6.3 Evergreen replaced its water supply intake pipeline


from Evergreen Reservoir at an approximate cost of $50,000. 6.4 Evergreen expended approximately $90,000 for technical consultants, legal counsel and water quality monitoring as necessary for meeting discharge permit requirements and protecting the quality of water in Bear Creek. 6.5 Evergreen expended approximately $40,000 for engineering consultants and legal counsel for advice relating to water rights and as necessary for protection of Evergreen’s water rights through water court proceedings. 6.6 Evergreen’s approximate cost of modifying its water conservation plan and policies totaled $10,000. 7. Claims to make portions of the subject water rights absolute. 7.1 Dates and Amounts. During the diligence period, Evergreen exercised one of the subject exchange water rights over a period of 6 days in May 2002 at varying rates for a total of 11.9 ac-ft. The maximum exercise of the Soda Lakes – Bear Creek Exchange during that period is described below: 7.1.1 On May 9, 2002, Evergreen operated this exchange by diverting 1.5 cfs at the West Jefferson County Metropolitan District Wastewater Treatment Plant Afterbay, and pumping said diversion to Hiwan Reservoir No. 1, in exchange for an equal amount of water released from Evergreen’s Soda Lakes account. 7.2 Description of place where water was applied to beneficial use: All water diverted by exchange or stored under the decree in Case No. 94CW150 as described in paragraph 7.1 above was applied to beneficial use within Evergreen’s water service area for purposes consistent with the purposes allowed by the original decree. 8. Owners of Land. To the best of Applicant’s knowledge, information and belief, the owners of land upon which new storage structures could be constructed or modifications to existing storage structures could occur as a result of the water rights that are the subject of this application, or upon which the named points of substitution and exchange are located, are as follows: 8.1 Land affected by Applicant’s construction of the enlargement of Hiwan Reservoir No. 8, and of Hiwan Reservoir Nos. 9 and 10, as well as land upon which Hiwan Reservoir Nos. 1 and 4-8 are located, is owned by the Hiwan Golf Club, 30671 Clubhouse Lane, Evergreen, Colorado 80439. 8.2 Land upon which the Soda Lakes facilities are located is owned by the Soda Lakes Company, c/o Denver Water, 1600 W. 12th Avenue, Denver, Colorado 80204-3412. 8.3 Land upon which the Pioneer Union Ditch point of diversion is located is owned by the Pioneer Union Ditch Company, c/o City of Lakewood, 480 S. Allison Parkway, Lakewood, Colorado 80226. 8.4 Land upon which the Cooley Reservoirs No. 1 and 2 facilities are located is owned by the City of Morrison, 321 Highway 8, Morrison, Colorado 80465. 8.5 Land upon which Evergreen Reservoir is located is owned by Denver Water, 1600 W. 12th Avenue, Denver, Colorado 80204-3412. 8.6 Land upon which Evergreen’s Raw Water Intake is located is owned by the Applicant. 8.7 Land upon which the West Jefferson County Metropolitan District Wastewater Treatment Plant Afterbay is located is owned by the West Jefferson County Metropolitan District, P.O. Box 112, Evergreen, Colorado 80439-0112. 8.8 Land upon which Bear Creek Reservoir is located is owned by U.S. Army Corps of Engineers, 9307 Colorado State Highway 121, Littleton, Colorado 80128-6901. 8.9 Land upon which the Harriman Ditch is located is owned by the Harriman Ditch Company, c/o Denver Water, 1600 W. 12th Avenue, Denver, Colorado 80204-3412. WHEREFORE, Evergreen respectfully requests the judgment and decree of this Court that: 1. The water exchange rights conditionally decreed in Case No. 94CW150 are made absolute in the amounts claimed in paragraph 7 above. 2. Evergreen has diligently pursued the perfection of the portions of the water storage and water exchange rights decreed in Case No. 94CW150 that are found by this Court to have not yet been perfected, and such portions of the subject water rights shall be continued as conditional water rights for another diligence period. 3. Such other relief as the Court deems proper. (4 pages) 04CW275 (1996CW186) (1988CW178) (1982CW408) CAMPBELL DEVELOPMENT, INC. 1100 Haxton Drive, Fort Collins, CO 80525 (970) 223-2205, originally filed for the water rights that are the subject of this application and remain the legal owner of these water rights. FOX ACRES COMMUNITY SERVICES, INC. c/o Ted Carter, P.O. Box 38, Red Feather Lakes, CO 80545 (970) 881-2668, and FOX ACRES EQUITY CLUB, INC. (d/b/a Fox Acres County


Club) P.O. Box 10, 3350 Fox Acres Drive West, Red Feather Lakes, CO 80545 (970) 881-2668, are the assignees of these water rights. The three applicants will collectively be referred to herein as the “Applicant.” (Daniel K. Brown, Esq., Fischer, Brown & Gunn, P.C., P.O. Box Q, Fort Collins, CO 80522 (970) 407-9000) APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN LARIMER COUNTY. 2. Names and locations of the structures (the reservoirs are depicted in Exhibit A): A. Mitchell Ditch, also known as the North Pine Supply Ditch, owned by the Red Feather Storage and Irrigation Company. The headgate of said ditch is at a point on the east bank of the North Branch of Lone Pine Creek from whence the northeast corner of Section 26, Township 10 North, Range 74 West of the 6th P.M. bears North 86º 45' East 2077 feet, in Larimer County, Colorado. The ditch extends from said headgate in an easterly direction in Sections 26 and 25, Township 10 North, Range 74 West, and Sections 30, 29, 28 and 27, Township 10 North, Range 73 West of the 6th P.M. B. Mirror Lake, also know as Lake Osage. SW ¼ SE ¼, Section 22, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado, at a point North 68º 13' 00" West 2089.65 feet from the SE corner, Section 22. C. Fox Acres Reservoir No. 3, also known as Lake Nootka. SE ¼ SE ¼, Section 22, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado, at a point North 50º 48' 30" West 1187.60 feet from the SE corner, Section 22. D. Lower Fox Acres Reservoir No. 3, also known as Lake Cayuse. SE ¼ SE ¼, Section 22, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado, at a point North 12º 03' 33" West 1248.00 feet from the SE corner, Section 22. E. Upper Fox Acres Reservoir No. 3, also know as Lake Nisqually. SW ¼ SE ¼, Section 22, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado, at a point North 79º 47' 02" West 1778.63 feet from the SE corner, Section 22. F. Robinson Draw Lake, also know as Lake Cree. SW ¼ SW ¼, Section 22, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado, at a point North 76º 41' 13" East 1057.93 feet from the SW corner, Section 22. G. Lake 15, also known as Lake Yakima. SE ¼ SW ¼, Section 22, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado, at a point North 87º 04' 58" West 2232.39 feet from the SW corner, Section 22. H. Fox Acres West, also known as Lake Pawnee. SW ¼ NE ¼, Section 28, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado, at a point South 48º 41' 57" west 2236.92 feet from the NE corner, Section 28. I. Middle Letitia Lake, also know as Lake Chippewa. NE ¼ NW ¼, Section 27, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado, at a point South 70º 58' 52" East 2130.82 feet from the NW corner, Section 27. J. Deer Lake No. 2, also know as Lake Black Feet. SW ¼ SE ¼, Section 22, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado at a point North 81º 42' 50" West 2223.65 feet from the SE corner, Section 22. K. Upper Letitia Lake, also known as Lake Menominee. NE ¼ NW ¼, Section 27, Township 10 North, Range 73 West fo the 6th P.M. Larimer County, Colorado, at a point South 64º 46' 05" 2243 feet from the NW corner, Section 27. L. Lower Letitia Lake, also know as Lake Shoshone. NE ¼ NW ¼, Section 27, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado, at a point South 80º 31' 23" East 2498.60 feet from the NW corner, Section 27. M. Fox Acres Reservoir No. 1, also known as Lake Lakota. Situate within the SE ¼ NE ¼, Section 28, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado. N. Fox Acres Reservoir No. 2, also known as Lake Arapahoe. Situate within the NW ¼ NW ¼, Section 28, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado. O. South Fox Acres Lake, also known as Lake Shawnee. Situate within the SE ¼ NE ¼, Section 28, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado. 3. Source: North Branch of Lone Pine Creek, also known as North Lone Pine Creek, tributary to the Lone Pine Creek, which is tributary to the North Fork of the Cache La Poudre River, a tributary to the Cache La Poudre River, which is tributary to the South Platte River. The Mitchell Ditch headgate is the point of diversion for all water rights applied for herein. 4. Date of Original Decree: December 12, 1984, Case No. 82CW408. Finding of Reasonable Diligence: July 23, 1990, Case No.


88CW178; October 28, 2998, Case No. 96CW186. Appropriation Date: June 15, 1982. Case No. 88CW178 decreed as absolute decree the following amounts: A. For fish propagation: Mirror Lake: 7.51 acre feet. Fox Acres Reservoir No. 3: 20.18 acre feet. Lower Fox Acres Reservoir No. 3: 4.10 acre feet. Upper Fox Acres Reservoir No. 3: 1.90 acre feet. Robinson Draw Lake: 3.53 acre feet. Fox Acres West: 1.85 acre feet. Middle Letitia Lake: 1.57 acre feet. Upper Letitia Lake: 0.30 acre feet. Fox Acres Reservoir No. 1: 3.60 acre feet. Fox Acres Reservoir No. 2: 2.90 acre feet. South Fox Acres Lake: 1.30 acre feet. B. For irrigation: Fox Acres Reservoir No. 3: 20.18 acre feet. Lower Fox Acres Reservoir No. 3: 4.10 acre feet. Robinson Draw Lake: 3.53 acre feet. The remaining conditional water rights are as follows: A. Mirror Lake, 19.8 for irrigation, 12.29 for fish propagation, and 19.8 for augmentation. B. Fox Acres Reservoir No. 1, 29.7 for irrigation, 29.7 for domestic, 26.10 for fish propagation, and 29.7 for augmentation. C. Fox Acres Reservoir No. 3, 29.02 for irrigation, 49.2 for domestic, 29.02 for fish propagation, and 49.2 for augmentation. D. Lower Fox Acres Reservoir No. 3, 4.1 for domestic, and 4.1 for augmentation. E. Upper Fox Acres Reservoir No. 3, 6.9 for irrigation, 5.0 for fish propagation, and 6.9 for augmentation. F. Robinson Draw Lake, 11.77 for irrigation, 11.77 for fish propagation, and 15.3 for augmentation. G. Lake 15, 2.4 for irrigation, 2.4 for fish propagation, and 2.4 for augmentation. H. Fox Acres West, 6.2 for irrigation, 4.35 for fish propagation, and 6.2 for augmentation. I. Middle Letitia Lake, 4.0 for irrigation, 2.43 for fish propagation, and 4.0 for augmentation. J. Deer Lake No. 2, 9.5 for irrigation, 9.5 for fish propagation, and 9.5 for augmentation. K. Upper Letitia Lake, 6.4 for irrigation, 6.10 for fish propagation, and 6.4 for augmentation. L. Lower Letitia Lake, 6.57 for irrigation, 6.57 for fish propagation, and 13.6 for augmentation. M. Fox Acres Reservoir No. 2, 64.5 for irrigation, 64.5 for domestic, 61.6 for fish propagation, and 64.5 for augmentation. N. South Fox Acres Lake, 5.2 for irrigation, 3.9 for fish propagation, and 5.2 for augmentation. The total amounts are: 188.06 CONDITIONAL for fish propagation, 208.99 CONDITIONAL for irrigation, 236.8 CONDITIONAL for augmentation, and 147.5 CONDITIONAL for domestic. 5. Uses: For all of the reservoirs—Irrigation, fish propagation and augmentation. In addition, domestic use for Fox Acres Reservoir No. 1, Fox Acres Reservoir No. 3, Lower Fox Acres Reservoir No. 3 and Fox Acres Reservoir No. 2. 6. 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: Applicant has continued with the development and construction of single-family residences upon Fox Acres property and with the development of the water distribution facility for this development. Piezometers were installed in the dam of the Fox Acres Reservoir No. 3 to determine seepage loss from that dam. Based on the information obtained from the piezometers, Applicant constructed an impervious liner on the upstream face of the dam for the purpose of reducing seepage loss from the dam and assuring that the dam will be able to be legally filled to its high water mark. The cost of this liner was $482,816. During the diligence period, Applicant has also completed approximately $150,000 worth of improvements to its overall water delivery facilities. The water stored in the reservoirs is part of an integrated domestic water supply system, and the work done on the total system is applicable in showing diligence in regard to the conditionally decreed domestic rights. The described reservoirs, together with appropriate diversion facilities, are in place; however, due to the unavailability of either water in the North Lone Pine or capacity in the Mitchell Ditch for the carriage of such water to the reservoirs, it has not been practical for Applicant to store the amount conditionally decreed during this diligence period. It has instead been able to utilize other sources. However, whenever Applicant does not have a more feasible source of supply, Applicant intends to utilize the right in full when it is in priority, and when there is available capacity in the Mitchell Ditch and any of the described reservoirs. 7. Applicant requests that the following language also be contained in the Findings, Ruling and Decree entered in this case (the paragraph numbers are left bank, to be completed when the decree is issued): “The amounts of water decreed: The amounts of water herein decreed


are those amounts set forth as to each of the reservoirs identified, to be delivered through the Mitchell Ditch and diverted from the headgate of the said ditch at its location of the North Branch of Lone Pine Creek, at a rate of flow of 7 cubic feet per second of time, measured at the inlet of the ditch into Lake Ramona, or such lesser amount as may be available, subject to the provisions of paragraph __ hereof. Said water may be stored in all or any of the reservoirs identified in paragraph __ hereof, if storage capacity is then available, to the extent of the total capacity of all of the described reservoirs. This decree does not grant the right to refill. It is the intent of this decree to provide an additional source of water to fill the reservoirs listed in paragraph __ above, and this decree does not supersede or otherwise affect the earlier decrees and awarded priorities of such reservoirs, nor does it increase the amount of water permitted to be stored in said reservoirs. Any use of the water for augmentation purposes will require a separately decreed plan for augmentation pertaining to such use. The Mitchell Ditch is presently used to carry appropriative water rights, and water pursuant to decreed exchanges, of the Red Feather Storage and Irrigation Company. Any entitlement of Applicant to use said ditch all be subordinate to said rights of the Red Feather Storage and Irrigation Company. Applicant shall be limited in its use is said ditch to the extent of any excess carrying capacity therein over and above that required to deliver the said water rights of the Red Feather Storage and Irrigation Company. The use of Mitchell Ditch shall be permitted only by the prior mutual agreement between Applicant and Red Feather Storage and Irrigation Company.” 8. Name(s) and address(es) 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: Fox Acres Equity Club, Inc., d/b/a Fox Acres County Club, P.O. Box 10, 3350 Fox Acres Drive West, Red Feather Lakes, CO 80545 (970) 881-2668. WHEREFORE, Applicant prays that his Court issue its findings and determination that Applicant has exercised due reasonable diligence during the six years following entry of the decree in 96CW186 toward completion of the appropriation and application of water therein decreed as to all of the beneficial uses conditionally decreed as set forth in paragraph 4 hereof. Applicant further prays that this Court continue in full force and effect all such conditional water rights for an additional six year period, and for such other relief as the Court may deem proper. 04CW276 THE GROUNDWATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT, 3209 West 28th Street, Greeley, Colorado 80634. (970) 330-4540 c/o Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, CO, 80631, (970)356-9160. APPLICATION FOR CHANGE OF WATER RIGHTS, IN WELD COUNTY. 2. Name of Structure. Farmers Independent Ditch Company (25.75 shares). 3. Previous Decrees. The Farmers Independent Ditch was decreed in Case No. CA6009 on April 28, 1883 with an appropriation date of November 20, 1865 for 61.6 c.f.s. and an appropriation date of November 20, 1876 for 85.4 c.f.s from the South Platte River for irrigation purposes. The headgate is located on the east bank of the South Platte River in Section 19, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado. 4. Historic Use. Central acquired 25.75 shares of the Farmers Independent Ditch Company (shares). There are 800 shares outstanding in Farmers. The shares were historically used to irrigate three farms, the Schafer Farm, the McCarthy Farm, and the Western Truck and Equipment (WETCO) Farm. See Figure 1. 3 shares historically provided a partial water supply to the Schafer Farm, 15.5 shares provided a partial water supply to the McCarthy Farm, and 7.25 shares provided the full water supply to the WETCO Farm. 4.1. Schafer Farm. The Schafer Farm, located in the SE1/4 of the SE1/4 of Section 21, and the NE1/4 of the NE1/4 of Section 28 in Township 4 North, Range 66 West, was historically irrigated with 4 shares of Farmers, of which Central purchased 3 shares. The historical use analysis for this farm was completed using the full water supply (4 shares) and then pro-rated based on Central’s ownership. The 4 shares historically


irrigated 80 acres of corn, sugar beets, and potatoes. In addition to the surface water supply from Farmers, this farm was provided supplemental water supply from an irrigation well (permit #1-14969). 4.2. McCarthy Farm. The McCarthy Farm, located in the NW1/4 of Section 12, Township 4 North, Range 66 West, was historically irrigated with 15.5 shares of Farmers, which have all been purchased by Central. These 15.5 shares historically irrigated 114 acres of corn, sugar beets, potatoes and onions. In addition to the surface water supply from Farmers, this farm was provided supplemental water supply from two irrigation wells (permit #13586 and #13587). 4.3. WETCO Farm. The WETCO Farm, located in the NW1/4 of the NE1/4, and the NE1/4 of the NW1/4 of Section 28, Township 4 North, Range 66 West, was historically irrigated with 7.25 shares of Farmers, which have all been purchased by Central. These 7.25 shares historically irrigated 48 acres of corn, sugar beets, and alfalfa. There was no supplemental water used on this farm. 4.4. The farm headgate delivery of the 25.75 shares averaged 46.06 acre-feet to the Schafer Farm, 237.98 acre-feet to the McCarthy Farm, and 111.31 acre-feet to the WETCO Farm, for a total of 395.35 acre-feet from 1950-1996. All farm headgate deliveries were calculated assuming a 25% ditch conveyance loss. The annual historic on-farm depletion of surface water supply of the shares of averaged 25.19 acre-feet for the Schafer Farm, 119.13 acre-feet for the McCarthy Farm, and 61.60 acre-feet for the WETCO Farm, for a total of 205.91 acre feet on an average annual basis. These values are based on a maximum flood irrigation application efficiency of 60 percent. 5. Proposed Change. Central seeks to change the use of the shares to include augmentation, recharge, replacement, and exchange, by direct release or storage for later release with the right to totally consume the consumable portion of the water, either by first use, successive use, or disposition. Specifically the shares may be used in the plans for augmentation in Case No. 02CW335 and Case No. 03CW99. As a condition of purchase of the shares Central has dry-up agreements on all the farms. Central proposes terms which include, 1) an average annual augmentation delivery for the shares limited to 395.35 acre-feet per year on a five-year rolling average; 2) maximum monthly volumetric augmentation delivery limits for the shares shown below; 3) a diversion season of March 18 through November 27; 4) an annual maximum volumetric augmentation delivery of the shares limited to 607.69 acre-feet.

Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec Farmers Independent Ditch – 25.75 Shares (acre-feet)

0.00 0.00 7.90 45.49 97.92 166.40 170.57 158.26 91.56 66.60 17.00 0.00

6. Return Flow. The monthly return flow factors for the shares below will be applied to the measured augmentation station deliveries of the shares delivered to the Farmers Independent Ditch from May through September. The winter return flows will be determined using the October through April factors times the previous years’ annual augmentation deliveries of the shares. The monthly on-farm groundwater returns were lagged to the river using the Alluvial Water Accounting System (AWAS) model, and averaged 172.93 acre-feet per year. Central has agreed with Farmers to leave 25 percent of its total pro-rata river headgate diversion attributed to its shares in the ditch to protect other shareholders and to replicate historic ditch losses.

Farmers Independent – 25.75 Shares (acre-feet)

Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec

Summer Return 0.29 0.17 0.14 0.15 0.27


Flow Factors Winter Return Flow Factors

0.04 0.03 0.04 0.03 0.04 0.04 0.04

7. Net Stream Depletions. In order to determine the amount of water that Central can claim for augmentation purposes, the average monthly net stream depletion was calculated as the difference between the average monthly farm headgate diversion, and the average monthly return flow obligation. This net stream depletion represents the total depletion to the river due to the historic use of the shares for the study period of 1950-1996, and averages 222.42 acre-feet per year. 8. Place of Storage. Nissen Reservoir located in the SE¼ and the E½ SW¼ of Section 12, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, and more fully described in Case No. 02CW270. 9. Place of Recharge. Recharge of the shares will be pursuant to the Farmers Independent Recharge Project, operated by applicant and decreed in Case No. 85CW370. 10. Administration. The augmentation deliveries will be made from two existing augmentation stations. The upper station is located just below Farmers 12-ft Parshall flume. The lower augmentation station is located at the end of the ditch near La Salle. 11. Name and Address of Owners of Structures: Applicant and the Farmers Independent Ditch Company, c/o Frank Eckhardt, President, 21454 WCR 33, LaSalle, CO 80645. AMENDED APPLICATIONS 02CW230 BELLA FARMS, LLC, 13278 Road 32, Platteville, CO, 80651, (Lind, Lawrence & Ottenhoff LLP, 1011 11th Avenue, Greeley, CO 80631) AMENDMENT TO APPLICATION FOR CHANGE OF WATER RIGHTS AND ALTERNATE POINTS OF DIVERSION, IN WELD COUNTY. The application filed on October 28, 2002 is hereby amended to add the following claims: Application For Surface Water Right 1. Name of structure: Bella Farms Recharge Right. 2. Legal description of each point of diversion: The Platteville Irrigating & Milling Company Ditch headgate, located in the NE ¼ SE ¼, Section 31, Township 2 North, Range 66 West, 6th P.M., Weld County, Colorado. 3. Source: South Platte River. 4. Date of initiation of appropriation: March 31, 2004. 5. How appropriation was initiated: By formation of intent to appropriate and constructing recharge ponds. 6. Date water applied to beneficial use: N/A. 7. Amount claimed: 10 cfs, conditional. 8. Proposed use: Augmentation, replacement, aquifer recharge, and exchange. Applicant claims the use, reuse, and successive use of the water diverted to extinction, either directly or by exchange. Application for Underground Water Rights 9. Names of wells: Dairy Well No. 1 and No. 2. 10. Legal descriptions of wells: Dairy Well No. 1: In the SW ¼ SE ¼ of Section 7, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado, at a point 350 feet North and 2460 feet West of the Southeast Corner of said Section. Dairy Well No. 2: In the SW ¼ SE ¼ of Section 7, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado, at a point 2220 feet West of the East line and 106 feet North of the South line of said Section. 11. Source: South Platte River alluvium. 12. Dates of appropriation: Dairy Well No. 1: January 31, 1999. Dairy Well No. 2: October 29, 2004. How appropriation was initiated: Dairy Well No. 1: By formation of intent to appropriate, diversion of water, and placement to beneficial use. Dairy Well No. 2: By formation of intent to appropriate and the filing of this amended application. Date water applied to beneficial use: Dairy Well No. 1: January 31, 1999. Dairy Well No. 2: N/A. 13. Amounts claimed: Dairy Well No. 1: 200 gpm, absolute, and 300 gpm, conditional; Dairy Well No. 2: 500 gpm, conditional. 14. Proposed use for both wells: Stock watering, commercial dairy and dust suppression for up to 2260 head at a dairy operation located in the NW ¼ of Section 20, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado, and up to 1 acre of landscape irrigation at the dairy. 15. Remarks:


Dairy Well No. 1 was described in paragraph 5.b. of the original application filed in this case. At that time the well was claimed as an alternate point of diversion for applicant’s irrigation wells. Applicant hereby amends that claim to a claim for a new water right for the well. Application for Change of Water Rights 16. Name of right for which change is sought: 0.25 shares of the Platteville Irrigating & Milling Company Ditch, aka Platteville Ditch. 17. Previous decree: C.A. 6009, Weld County District Court, April 28, 1883. 18. Decreed point of diversion: NE ¼ SE ¼, Section 31, Township 2 North, Range 66 West, 6th P.M., Weld County, Colorado. 19. Source: South Platte River. 20. Appropriation Date: July 1, 1862 (47.88 cfs); January 1, 1871 (5.25 cfs); and October 15, 1873 (94.25 cfs). 21. Historical Use: The 0.25 shares have been and are used along with other water supplies for irrigation on 541.9 acres of land located in the E ½ of Section 7 and the W ½ of Section 8, Township 3 North, Range 66 West, 6th P.M., Weld County, Colorado. 22. Proposed change: Applicant seeks to change the use of the shares to include augmentation, replacement, exchange, and recharge into the structures described in ¶24, in addition to the decreed irrigation use, with the right to totally consume the consumable portion of the water, either by first use, successive use, or disposition. Applicant also seeks to appropriate the use of the historical return flows associated with the shares for the uses stated herein. Return flows shall be maintained in the river in response to valid calls senior to the date of this amended application. Application for Plan of Augmentation 23. Name of structures to be augmented: a. Dairy Well Nos. 1 and 2, described in ¶¶9-15 above. b. Well Nos. 1 - 6 described in ¶ 3 of the original application. Any excess augmentation credits will be applied to depletions from the Applicant’s six irrigation wells, which are primarily augmented under a contract with the Well Augmentation Subdistrict of the Central Colorado Water Conservancy District. 24. Description of recharge ponds: The following structures will be used to recharge the alluvial aquifer: West Recharge Pond: Located approximately 2230 feet South and 2288 feet West of the NE corner of Section 7, Township 3 North, Range 66 West, 6th P.M., Weld County, Colorado. Surface area: 6 acres. Capacity: 51 acre feet. East Recharge Pond: Located approximately 1820 feet North and 1048 feet West of the SE corner of Section 7, Township 3 North, Range 66 West, 6th P.M., Weld County, Colorado. Surface area: 2 acres. Capacity: 18 acre feet. 25. Water rights to be used for augmentation: a. Water rights described in ¶¶ 1-8 and ¶¶ 16-22. b. Recharge credits generated by the Platteville Irrigating & Milling Ditch Recharge Project described in the pending application in Case No. 01CW048, Water Division No. 1. Applicant intends to seek an agreement with the Platteville Irrigating & Milling Company for use of such credits. c. Applicant reserves the right to add additional shares and water rights to this plan. If the Applicant’s recharge projects produce accretions in excess of that needed to augment the structures in ¶23, this plan includes the recapture of excess accretions from recharge by making additional diversions at the Platteville Ditch headgate or by leasing such water to other water users pursuant to an approved Substitute Water Supply Plan or a Water Court Decree. d. Applicant seeks approval to add water rights it acquires by purchase or lease to be used as replacement sources for this plan of augmentation. Applicant proposes that for reservoir water 60% and for direct flow water 50% of the previous 5 years average releases shall be available for augmentation purposes. These percentages for reservoir and direct flow water are subject to change based upon field validation of historical irrigation practices including consumptive use and return flows. If the Water Court has quantified the historical use of the same type of shares to be used for replacement water, Applicant proposes to use the consumptive use and return flow obligations found in such a decree, unless changed circumstances indicate a different historical use should be used. 26. Operation of exchange: At such times when water is delivered to the South Platte River pursuant to the plan for augmentation in excess of the replacement requirements, the water will be substituted and exchanged for water diverted at the headgate of the Platteville Ditch. The exchange will only operate at such times when no water rights located between the point of delivery to the South Platte River and the point of diversion will be


materially injured by the exchange. Such excess may also be leased to other water users pursuant to an approved Substitute Water Supply Plan or a Water Court Decree. a. Description of point of diversion: The headgate of the Platteville Ditch described in paragraph 2 of this amended application. b. Description of the reach of the exchange: From a downstream point on the South Platte River at the confluence of the South Platte River and St. Vrain Creek located in Section 34, Township 4N, Range 67W, 6th P.M.,Weld County, Colorado; to an upstream point at the headgate of the Platteville Ditch. c. Date of initiation of Appropriation: October 29, 2004. d. Amount claimed: 10 cfs, conditional. e. Uses: Augmentation, replacement, aquifer recharge, and exchange. 27. Statement of plan for augmentation: a. Diversions from the wells listed in ¶23 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 depletions in time, location and amount to the extent necessary to prevent injury to senior water rights. b. Replacement of Out of Priority Depletions. Applicant will make replacement of out-of-priority depletions that cause material injury to senior vested water rights from the sources identified in ¶25. c. Accounting and Reporting. Applicant will provide reports and accounting to the State and Division Engineers. 28. Applicant reserves the right to operate pursuant to §37-92-308 C.R.S. or any amendments thereto. Applicant also reserves the right to add any additional recharge sites and water rights which Applicant subsequently acquires the right to use, which may be diverted and used by Applicant for the purposes described herein, and used to further augment the wells identified in ¶23; further, additional wells to be augmented may be added, all subject to such conditions as may be provided in any decree entered herein. Applicant also reserves the right to remove any recharge sites and water rights. 29. Name and address of owner of land on which structures are located: The Platteville Ditch is owned by the Platteville Irrigating & Milling Company, c/o Gary Herman, 12994 WCR 28, Platteville, CO 80651. The remaining structures are owned by Applicant. 30. Remarks: Except as set forth herein, the application remains as originally filed and published. 04CW141 TRAVOIS AND SMITH LOT OWNERS AND THE CROISSANT FAMILY TRUST, ET AL., c/o 7833 E. Inspiration Drive, Parker, Colorado 80138-8622, (303) 841-3884 through Petrock & Fendel, P.C., 700 17th Street, Suite 1800, Denver, Co 80202 (303) 534-0702. AMENDED APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY SOURCES, IN DOUGLAS COUNTY. 2.The original application was filed with this Court in May 2004, and requests the adjudication of nontributary Arapahoe and Laramie-Fox Hills aquifer groundwater underlying approximately 213.64 acres of land located in Section 2, T6S, R66W of the 6th P.M. as shown on Attachment A hereto (Subject Property). Applicants hereby amend the application to add an additional 11.95 acre parcel of land to the Subject Property as also described and shown on Attachment A. The total acreage of the Subject Property is now 225.59 acres. The owner of the 11.95 acres is D and L Family Irrevocable Trust, 7331 Ponderosa Circle, Parker, CO 80138.All other matters remain the same as shown in the May, 2004, resume for Water Division 1. 04CW143 (W-5205) TUCSON WATER COMPANY, INC., 12490 Salem St., Henderson, CO 80640 (303-654-9879). AMENDED APPLICATION FOR FINDING OF DILIGENCE AND TO MAKE ABSOLUTE, IN ADAMS COUNTY. The Application filed with the court on May 29, 2004, is hereby amended to correct the legal description and add a plea to the court to include 80 conditional irrigated acres previously decreed. Paragraph 3B - the Required Legal Description of both wells stated: SE 1/4 NE 1/4 of Section 36, should have stated: SE 1/4 NW 1/4 of Section 36, T1S, R67W of 6th PM. Paragraph 3G - omitted a plea to the court to grant 80 conditional irrigated acres, as identified in Paragraph 3E, be included in the pending decree. The Applicants


now so plead. Except as amended herein, the application remains as originally filed and published. 04CW183 CHRISTOPHER G. SPELLS and TERRIE G. SPELLS, 21045 Capella Drive, Monument, CO 80832 (719)488-8693. (Henry D. Worley, Esq. MacDougall, Woldridge & Worley, PC, 530 Communication Circle, Ste 204, Colorado Springs, CO 80905-1743. (719)520-9288.) AMENDMENT TO APPLICATION FOR ADJUDICATION OF DENVER BASIN GROUND WATER AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN EL PASO COUNTY. The property for which the augmentation plan is sought is located in Section 3, T. 11 S., R. 67 W., 6th P.M. in El Paso County. Applicants seek to amend their application as follows: “The maximum amount of water to be withdrawn from the Dawson aquifer is increased from 1.25 acre feet per year to 2.45 acre feet per year. Applicants will reserve 245 acre feet of water from Denver and Arapahoe aquifers to replace post-pumping depletions.” 04CW247 GREAT ROCK NORTH WATER AND SANITATION DISTRICT, 141 Union Blvd., Suite 150 Lakewood, CO 80228 (303) 987-0835 through their attorneys PETROCK & FENDEL, P.C., 700 17th Street, Suite 1800, Denver, CO 80202 (303) 534-0702. AMENDED APPLICATION FOR PLAN FOR AUGMENTATION, IN ADAMS COUNTY. 2. This amendment seeks to identify the source for the three augmented wells included in the original application, Well Nos. 1, 2 and 3. Names and locations of structures to be augmented: A. Well No. 1: In the NW1/4 of the SE1/4 of Section 1, T1S, R65W of the 6th P.M. at a point approximately 1600 feet from the south and 2540 feet from the east section line of said Section 1. B. Well No. 2: In the SW1/4 of the NE1/4 of Section 1, T1S, R65W of the 6th P.M. at a point approximately 2500 feet from the north and 2000 feet from the east section line of said Section 1. C. Well No. 3: In the NE1/4 of the NE1/4 of Section 1, T1S, R65W of the 6th P.M. at a point approximately 150 feet from the north and 150 feet from the east section line of said Section 1. The source for Well Nos. 1, 2 and 3 is Box Elder Creek alluvium, tributary to the South Platte River. 3. All other matters remain as presented in the original 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 DECEMBER 2004 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original with triplicate copies and include $70.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.

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