TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN …€¦ · Rock, CO 80108. Application for...

TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIVISION 1: Pursuant to CRS, 37-92-302, you are hereby notified that the following pages comprise a resume of applications and amended applications filed in the office of the Water Clerk for Water Division No. 1 during the month of March, 2003. 2003CW121 GLENNACE L. COHEN REVOCABLE TRUST, 336 W. Oakwood Lane, Castle Rock, CO 80108. Application for Underground Water Right, IN DOUGLAS COUNTY. Glen’s Well No. 122587 is located in the NE1/4SW1/4, S34, T6S, R67W, 6th P.M., 2000’ from S and 2040’ from W, a/k/a Oak Hills Filing 1, Lot 40. Source: Non-tributary Dawson Aquifer. Depth: 602’ Appropriation: 9/21/1981 Amount claimed: 10 gpm (1 a/f annually) Use: Irrigation of ¼ acre of lawns and gardens. (3 pages) 2003CW122 RICHARD M. AND VIRGINIA B. GOEBEL, 400 W. Oakwood Lane, Castle Rock, CO 80108. Application for Underground Water Right, IN DOUGLAS COUNTY. Goebel Well No. 193286 is located in the SW1/4SW1/4, S34, T6S, R67W, 6th P.M., 1310’ S and 950’W, a/k/a Oakhills Subdivision, Filing 1, Lot 36. Source: Non-tributary Lower Dawson Aquifer. Depth: 645’ Appropriation: 2/12/1996 Amount claimed: 10 gpm (1 a/f annually) Use: Domestic-Irrigation of ¼ acre of lawns and gardens. (3 pages) 2003CW123 JOEL M. AND MICHELLE A. BENDER, 8440 West Oak Court, Castle Rock, CO 80108. Application for Underground Water Right, IN DOUGLAS COUNTY. Bender Well (formerly Frederick and Marie Zoeller Well) is located in the NW1/4SE1/4, S34, T6S, R67W, 6th P.M., 2410’ from S and 1775’ from E, a/k/a Oak Hills Filing #1, Lot 48. Source: Groundwater Depth: 692’ Appropriation: 6/11/1984 Amount claimed: 10 gpm (1 a/f annually) Use: Domestic-one single family home-livestock and irrigation of 15,000 square feet of lawns and gardens. (3 pages) 2003CW124 DONALD E. AND EDITH M. COLLINS, 181 Turkey Lane, Bailey, CO 80421. Application for Underground Water Right, IN PARK COUNTY. Collins Well #189307 is located in the SE1/4NE!/4, S26, T7S, R72W, 6th P.M., 2400’ N and 900’E, a/k/a Burland Ranchettes, Lot 20, Unit 15. Source: Groundwater Depth: 600’ Appropriation: 9/16/1996 Amount claimed: 1 1/2 gpm Use: Household use for single family. (3 pages) 2003CW125 GEAROLD D. MEGEL, 8033 Coventry Drive, Castle Rock, CO 80108. Application for Underground Water Right, IN DOUGLAS COUNTY. Megel Well #135222 is located in the SE1/4SE1/4, S33, T6S, R67W, 6th P.M., 145’ from S and 490’ From E, a/k/a Oak Hills Subdivision, Filing 1, Lot 14. Source: Non-tributary Dawson Aquifer. Depth: 656’ Appropriation: 4/27/1984 Amount claimed: 9 ½ gpm Use: Domestic , animal watering and irrigation of 1/3 acre of lawns and gardens.(3 pages) 2003CW126 APPLICATION FOR CHANGE OF WATER RIGHT, IN ARAPAHOE COUNTY. Frederick A. Fendel, III, #10476, PETROCK & FENDEL, P.C., 700 17th Street,

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Suite 1800, Denver, Colorado 80202, (303) 534-0702, ATTORNEYS FOR CHERRY CREEK VALLEY WATER AND SANITATION DISTRICT 1.Name of Applicant: Cherry Creek Valley Water and Sanitation District, 8501 E. Iliff Avenue Denver, Colorado 80231, (303) 755-4474. 2.Cherry Creek Valley Water and Sanitation District seeks to amend its augmentation plan decreed in Case No's. 90CW218(A) and 94CW267 to (1) change the locations of two of its three proposed alluvial wells, (2) add five alluvial wells as additional augmented points of diversion, (3) correct the descriptions of three wells decreed in W-3869, and (4) add a pre-213 Arapahoe well as a source of augmentation water. 3. Prior decrees:3.190CW218(A): This is an augmentation plan allowing the use of three alluvial wells, using nontributary ground groundwater as the augmentation supply, and decreeing an exchange of effluent from the Metro Wastewater Reclamation District plant to the three alluvial wells.3.2 94CW267: This decree amended the plan decreed in 90CW218(A) by adding additional sources of augmentation water and adding two surface points of diversion as augmented diversions.3.3 W-3869. This decree is for 5 alluvial wells then owned by Samuel Marcus and Fred Holland. 4. Description of changes:4.1 Change location of Well ALV-1 4.1.1 Original location decreed in 90CW218: In the SE1/4 of the NW1/4 of Section 28, T4S, R67W of the 6th P.M. at a point 2500 feet from the north line and 2500 feet from the west line. 4.1.2 New location: Location: At a point in the NW1/4 of the SE1/4, Section 28, T4S, R67W, 6th P.M., Arapahoe County, approximately 2300 feet from the south section line and 2000 feet from the east section line. 4.2. Change location of Well ALV-2.4.2.1 Original allocation decreed in 90CW218: In the NE1/4 of the SE1/4 of Section 28, T4S, R67W of the 6th P.M. at a point 1350 feet from the south line and 880 feet from the east line. 4.2.2 New location: At a point in the SE1/4 of the SE1/4, Section 28, T4S, R67W, 6th P.M., Arapahoe County, approximately 755 feet from the south section line and 845 feet from the east section line. This location is within 100 feet of Cherry Creek.4.3New augmented point of diversion:Holland Marcus Well No. 1. 4.3.1 Decreed location: Holland/Marcus Well #1 is located in the SE1/4 of the SW1/4, Section 27, Township 4 South Range 67 West of the 6th P.M., Arapahoe County, Colorado, at a point 1200 feet North and 140 feet East of the SW Corner of said Section 27. 4.3.2Actual location: In the SE1/4 of the SW1/4, Section 27, T4S, R67W, 6th P.M., at a point 510 feet from the south section line and 2005 feet from the west section line. 4.3.3Amount: .38 cfs 4.3.4 Use: Domestic, commercial, irrigation. 4.3.5 Priority date: 08/31/1954.4.5.6.Permit No. 15448-RF.Decreed in W-3869. The actual production of Holland Marcus Well No. 1 is 1.34 cfs. Any diversion in excess of the decreed rate when there is a call on the river will be considered out of priority and will be augmented.4.4 New augmented point of diversion: Holland Marcus Well No. 2. 4.4.1 Decreed Location: In the NW1/4 of the SW1/4, Sec. 27, T4S, R67W, 6th P.M., at a point approximately 2240 feet from the south section line and 600 feet from the west section line.4.4.2 Actual Location: In the NW/4 SW/4, Sec 27, T4S, R67W, 6th P.M. at a point approximately 775 feet from the west section line and 2150 from the south section line.4.4.3 Amount: .27 cfs.4.4.4 Use: Domestic, commercial, irrigation. 4.4.5 Priority Date: 8/31/1954. 4.4.6 Permit No.: 15447; 4.4.7Decreed in W-3869. 4.4.8 The well produces up to 500 gpm, which is more than its decreed flow rate. Any out-of-priority diversion in excess of the decreed rate will be augmented.4.5 New augmented point of diversion: Holland Marcus Well No. 3. 4.5.1 Location: In the NW1/4 of the SW1/4, Sec. 27, T4S, R67W, 6th P.M., at a point approximately 2290 feet from the south section line and 660 feet from the west section line.

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4.5.2 Amount: .03 cfs 4.5.3 Use: Domestic, commercial, irrigation 4.5.4 Priority date: 6/30/1956 4.4.5 Permit No. 15450;4.5.6 Decreed in W-3869 4.6New augmented point of diversion: Holland Marcus Well No. 4. 4.6.1 Decreed Location: In the NW1/4 of the SW1/4, Section 27, Township 6 South, Range 67 West, 6th P.M., Arapahoe County, at a point 2260 feet North and 630 feet East of the SW Corner of said Section 27.4.6.2 Actual location: In the NW1/4 of the SW1/4, Sec. 27, T4S, R67W, 6th P.M., at a point approximately 2160 feet from the south section line and 840 feet from the west section line.4.6.3 Amount:1.11 cfs 4.6.4 Use: Domestic, Commercial, Irrigation 4.6.6 Priority date: 8/31/1954 4.6.6 Permit No. 15449-RF.4.6.7 Decreed W-3869. 4.7 New augmented point of diversion: Holland Marcus Well No. 5. 4.7.1 Decreed location: In the SW1/4 of the SW1/4 Section 27, Township 4 South, Range 67 West, 6th P.M., Arapahoe County, at a point 500 feet North and 1000 feet East of the SW Corner of said Section 27.4.7.2 Actual location: In the NE1/4 of the NW1/4, Sec. 34, T4S, R67W, 6th P.M., at a point approximately 640 feet from the north section line and 1450 feet from the west section line.4.7.3 Amount: 2.26 cfs 4.7.4 Use: Domestic, commercial, irrigation 4.7.5Priority date: June 7, 1963.Permit No. 04294-RF.The actual production of Holland Marcus Well No. 5 is 2.67 cfs. Any diversion in excess of the decreed rate when there is a call on the river will be considered out of priority and will be augmented.4.7.8 Decreed W-3869. 4.8 New ground water right to be used as augmentation source: Township Well No. 1.4.8.1 Location: At a point in the SW1/4 of the NW1/4, Section 27, T4S, R67W, 6th P.M., Arapahoe County, approximately 2440 feet south of the north section line and 360 feet east of the west section line.4.8.2 Source: nontributary Arapahoe aquifer. 4.8.3 Amount: 100 GPM 4.8.4 Present use: Irrigation and domestic 4.8.5 New use: All municipal uses in Cherry Creek Valley's separate water system, directly, by storage, by augmentation or exchange.4.8.6 Permit No. 8660. 5. Owners of land on which structures are located:5.1 ALV 1: Cherry Creek Valley Water & Sanitation District ALV 2:Denver Water, 1600 West 12th Avenue, Denver, CO 80204,5.3 Holland Marcus Wells 1, 2, 3, 4, 5:Los Verdes, III L.L.C.9200 E. Iliff Avenue,Denver, CO 802315.4 Township Well: Township Homeowners Association, 2282 S. Yosemite Circle,Denver, CO 80231 WHEREFORE, Applicant Cherry Creek Valley Water and Sanitation District prays for a decree allowing the amendments to its plan for augmentation as described herein, and for such other and further relief as may be appropriate. 2003CW127 HOSHIKO FARMS, INC., C/O Dennis Hoshiko, 28607 Weld County Road 50, Kersey, CO 80644. Application for Change of Water Right, IN WELD COUNTY. Monfort Feed Lots Well No. 1-R4501 decreed 3/14/1977 in Case No. W-2002, Water Division 1. Decreed point of diversion: SW1/4NE1/4, S29, T6N, R65W, 6th P.M., at a point 2636’ S and 2952’ E of the NW corner of said S29. Source: Groundwater Appropriation: 6/1/1935 Amount: 1.88 cfs Historic use: Domestic and irrigation of 80 acres in the S1/2NE1/4, S29, T6N, R65W, 6th P.M. Proposed Change: Amend location of Monfort Feed Lots, Inc. Well No. 1-R4501 to be as follows: NW corner of the SW1/4NE1/4, S29, T6N, R65W, 6th P.M., at a point 1400’ S and 2550’ E of the NW corner of said S29. Change in point of diversion: NW1/4NE1/4, S29, T6N, R65W, 6th P.M., 1400’ N and 2550’ W. (2 pages)

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2003CW128 ELAINNA GUERRETTE, 12980 N. First Street, Parker, CO 80134-9457. Application for Underground Water Right, IN DOUGLAS COUNTY. Well #132764 is located in the NW1/4NW1/4, S7, T6S, R66W, 6th P.M., 200’ from N and 200’ from W, a/k/a Grandview Estates, Lot 1, Block 6. Source: Non-tributary Dawson Aquifer. Depth: 320’ Appropriation: 9/19/1983 Amount claimed: 10 gpm Proposed use: Irrigation of 2.3 acres in S7, T6S, R66W, Grandview Estates, a/k/a Lot 1, Block 6. If non-irrigation, describe purpose fully: I have horse water tanks (2) that have been used for the last seventeen (17) years to provide water for my horses outside of their barn door entrance. Including continuing household usage as well. Remarks: Request is based on the desire to continue watering my horses on the property known as 12980 N. First Street, Parker, CO 80134, and to be able to continue the usage for the trees, gardens and lawns of such property, including household use. (2 pages) 2003CW129 City and County of Denver, acting by and through its Department of Aviation c/o Manager of Aviation, Denver International Airport, 8500 Pena Boulevard, AOB 9th Floor, Denver, Colorado 80249-6340,(303) 342-2200. Direct correspondence to: Henry C. Teigen, Denver Water, 1600 West 12th Avenue, Denver, Colorado 80204 Telephone (303)628-6460, E-mail: [email protected], Application for Absolute Underground Water Right and Plan for Augmentation in Denver and Adams Counties. Underground water right: Name of well and permit, registration, or denial number. Barr Lake Wetland Mitigation Well, Permit number 053130-F. Legal Description of well: The Barr Lake Wetland Mitigation Well is located in the SW¼SW¼, S28, T1S, R66W of the 6th P. M. in Adams County, Colorado, 1,000 feet from the south section line and 700 feet from the west section line. Well location address: Wetland excavation site is NE of 128th Avenue & Buckley Road. Source: Groundwater tributary to Third Creek, a tributary to the South Platte River. Depth: Wetland was created by excavation of soil to a depth of eight (8) feet. Date of appropriation: October 4, 1999. How appropriation was initiated: By excavation of a depression to intercept groundwater. Date water applied to beneficial use: Wetland first flooded on April 1, 2000. A statement of beneficial use was filed with the State Engineer on January 4, 2001. Amount claimed: 22.16 acre-feet, absolute. This amount is based on the average year around open surface evaporation of the wetland. The surface acreage of the wetland is approximately 7.55 acres. Net evaporation near Barr Lake averages 35 inches per acre per year. Proposed Use: Evaporation losses at created wetlands. Name and addresses of owners of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Barr Lake State Park, Colorado Department of Parks and Outdoor Recreation, 1313 Sherman Street, Denver, Colorado 80203. Plan for Augmentation: Name of structure to be augmented: Barr Lake Wetland Mitigation Well No. 053130-F (Barr Lake Well). The Barr Lake Well is located in the area outlined on Exhibit A. There are no other water rights diverted from this well. Previous decrees to be used for augmentation. Water rights owned by the City and County of Denver acting by and through it Board of Water Commissioners (Denver Water) as listed in Exhibit B, generally described below: Water owned or controlled by Denver Water in, or naturally tributary to, the South Platte River, Transmountain water rights owned or controlled by Denver Water, The effluent and non-sewered (lawn irrigation) return flows generated by use of the foregoing water rights, and Any water rights or rights to use water acquired by Denver Water in the future to the extent the decree for the water allows such a use.

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The amount of water needed for this augmentation plan has been leased from Denver Water pursuant to a lease dated March 5, 2003, Exhibit C. Historic Use: See Decrees. Statement of plan for augmentation, covering all applicable matters under CRS 37-92-103(9), 302(1)(2) and 305(8). Give full details of plan, including a description of all water rights established or changed by the plan. The Barr Lake Wetland site is shown on Exhibit C and is located within the boundaries of the Barr Lake State Park, on the west bank north of 128th Avenue and east of Buckley Road. The site was excavated to intercept groundwater. The surface area of wetlands exposes 7.55 acres of ground water. The estimated evaporation loss is 22.16 acre feet annually, based on Class A pan evaporation data distributed by month using the SEO’s guidelines for sites with elevation less than 6,500 feet. Gross evaporation is estimated to be 46 inches (from NOAA Technical Report NWS 33). Effective precipitation is 70 percent of the average precipitation from the Denver Weather Station. A spreadsheet “Evaporation calculation for site Near Barr Lake” on which the total evaporation is calculated in Exhibit D. During times when water is present in the wetlands, evaporation will occur, causing depletions to Third Creek. Based on a review of the State Engineer’s tabulation of water rights, there are no water rights located on Third Creek between the point of depletion and the South Platte River. Thus, replacement water from the sources listed in Paragraph 10 will be made available to the South Platte River at its confluence with Third Creek during periods of call to protect downstream water rights users from injury. Names and addresses of owners of land upon which structures will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. See Paragraph 8 Remarks: Aviation is required by the U.S. Army Corps of Engineers to construct and maintain wetlands to mitigate the loss of wetlands due to construction of the runways, taxiways, and terminal and ground support facilities at the airport. The wetlands which are the subject of this application meet the requirements set forth in Aviation’s approved mitigation plan. This plan has been continuously operated pursuant to a temporary substitute supply plan originally approved on October 28,1999. The water rights listed in Exhibit B include Denver Water’s interest in 6 paired Burlington/Wellington shares and 10 shares of Barr Lake. These water rights will not be used for purposes other than irrigation until changed by a decree of this court. (18 pages, including exhibits)

2003CW130 RICKY ALLEN HILL, 14755 Picadilly Road, Brighton, CO 80603. Application for Water Rights, (Surface), IN ADAMS COUNTY. Spring Fed Pond located in the SE1/4SE1/4, S14, T1S, R66W, 6th P.M., 427’ from N and 927’ from E. Source: Underground spring/seep/pond. Appropriation: Pre 1966 Amount claimed: n/a Use: Livestock water supply and fish pond and water feature of property. If non-irrigation, describe purpose fully. Livestock water supply and fish pond and water feature of property. (3 pages) 2003CW131 TINY TOWN WATER ASSOCIATION, INC., c/o Bruce King, President, P.O. Box 687, Indian Hills, CO 80454-0687, (303) 443-3598 X220 (Robert F. T. Krassa, KRASSA & MILLER, LLC, 1680 - 38th Street, Suite 800, Boulder, CO 80301, tel. 303-442-2156) APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN JEFFERSON COUNTY. 2. Name of Structure: Association Reservoir 3. Describe conditional water right giving the following from the Referee's Ruling and Judgment and Decree: a. Date of Original Decree: March 3, 1997, Case 95CW203, District Court, Water Division No. 1. b. Location of structure: the northeast corner of said reservoir, which is a rectangular concrete structure, is located in the SE 1/4

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NE 1/4 Section 21, T.5S, R.70W of the 6th P.M. in Jefferson County, at a point whence the East quarter corner of said Section 21 bears South 89 degrees 40 minutes East 1063 feet. c.Source of water: ground water tributary to Turkey Creek d. Date of Appropriation: September 1995 for the conditional portion of the water right e. Amount: 0.05 acre feet conditional 4. Provide a detailed outline of what has been done toward completion or for completion of appropriation and application of water to a beneficial use as conditionally decreed, including expenditures. During the diligence period, Applicant has constructed a new water line from the well which is the source of water for this reservoir, to the subject reservoir. Applicant has made other improvements to the well and to the Association's water system, all of which are necessary to eventually place the conditional right to beneficial use. In addition, Applicant has initiated engineering studies of the enlargement. Applicant has spent a total of over $4000.00 on this project during the diligence period. The Association has in all respects diligently worked toward placing this water right to beneficial use. 5.Name(s) and addresses of owners of the land on which structures are or will be located, upon which water is or will be stored or upon which water will be placed to beneficial use: Applicant. 2003-CW-132 Calvin and Cynthia Dyer,17457 C.R. 34, Julesburg, Colorado 80737 (Kelly J. Custer, Lind, Lawrence & Ottenhoff, LLP, 1011 Eleventh Avenue, Greeley, Colorado 80631) Application for Water Right in Sedgwick County. 2. Name of Structure: Dyer Well m 1. Two well permits have been issued for the well: 37586-F and 49481-F. 2.1 In the SW¼ SW¼, Section 25, Township 12 North, Range 45 West of the 6th P.M., Sedgwick County, Colorado, approximately 50 feet north and 550 feet east from the Southwest corner of said section. 2.2 Source: Groundwater tributary to the South Platte River. 2.3 Depth: 100 feet. 2.4 Date of Appropriation: August 1, 1990. 2.5 How Appropriation Was Initiated: Application for permit. 2.6 Amount Claimed: 1100 g.p.m., absolute. 2.7 Use: Irrigation of 125 acres in the SE¼ of Section 26, and 41 acres in the SW¼ of Section 25, all in Township 12 North, Range 45 West of the 6th P.M., Sedgwick County, Colorado. 3. Augmentation for the well is provided by the Lower South Platte Water Conservancy District Water Activity Enterprise pursuant to a Class D Contract. The District has filed an application for a plan for augmentation in Case No. 02CW320, Water Division m1, which seeks approval of a decree for augmentation of this well. 4. Name and Address of Owners of Structures: Applicants own the well. 2003CW133 Steve Schultz and Chris Schultz, 34978 WCR 83, Briggsdale, Colorado 80611. (970) 656-3632, c/o Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, CO, 80631, (970)356-9160. APPLICATION FOR WATER RIGHTS IN MORGAN COUNTY. 2. Name of Structure: Schultz Seep Ditch. a. Legal Description of Point of Diversion: In the NW¼ SE¼, Section 2, Township 4 North, Range 56 West of the 6th P.M., Morgan County, Colorado, at a point 2307 feet west and 1320 feet north of the SE corner of Section 2. b. Source: Natural run-off, seepage and waste water arising in Sections 27, 28, 34 and 35, Township 5, North, Range 56 West of the 6th P.M., Morgan County, Colorado. c. Date of Appropriation: April, 1987. d. How Appropriation Was Initiated: Irrigation of acreage. e. Amount Claimed: 1.0 c.f.s., absolute. f. Use: Livestock, recreation, wildlife uses

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and irrigation of 101 acres in the W½ SE¼ Section 2 and the NE¼ Section 11 both in Township 4 North, Range 56 West of the 6th P.M., Morgan County, Colorado. 3. Name of Structure: Schultz Reservoir. a. Legal Description: In the NW¼ SE¼, Section 2, Township 4 North, Range 56 West of the 6th P.M., Morgan County, Colorado, at a point 1570 feet west and 820 feet north of the SE corner of Section 2. b. Source: Natural run-off, seepage and waste water arising in Sections 27, 28, 34 and 35, Township 5 North, Range 56 West of the 6th P.M., Morgan County, Colorado. c. Date of Appropriation: February 17, 2003. d. How Appropriation Was Initiated: Directing the filing of the application. e. Amount Claimed: 120 acre feet, conditional. f. Capacity of Pond: 120 a.f. ; Active Capacity: 120 a.f.; Dead Storage: 0 a.f. g. Surface Area: 5 acres. Height of Dam: 0 feet. Length of Dam: 0 feet. h. Use: See ¶2.F. 6. Names and Addresses of Owners of Land on Which Structures are Located: Applicant. 2003-CW-134 P.H. LLC, 6201 Eagle Ridge Court, Fort Collins, Colorado 80525 (Kelly Custer, Lind, Lawrence & Ottenhoff LLP, 1011 11th Avenue, Greeley, Colorado 80631) Application for Water Storage Right in Weld County. 2. Name of Reservoir: Poudre Heights Subdivision Pond 3. A. Location: In the SW¼ of the NE¼ of Section 29, Township 6 North, Range 67 West, 6th P.M., Weld County, Colorado. The center of the pond will be approximately 1730 feet west of the east section line and 2530 feet south of the north section line of said Section 29. No dam will be constructed. B. Name and capacity of ditch(es) used to fill and legal descriptions of points of diversion: i. B.H. Eaton Ditch, capacity approximately 42 cfs, point of diversion located in the NW¼ of the SE¼ of Section 19, Township 6 North, Range 67 West, 6th P.M., Weld County, Colorado, approximately 1800 ft. north and 2300 ft. west of the SE corner of said section. ii. A pump station to be located adjacent to the pond on the Cache La Poudre River in the SW¼ of the NE¼ of Section 29, Township 6 North, Range 67 West, 6th P.M., Weld County, Colorado, approximately 1950 ft south and 1950 ft. west of the NE corner of said section. 4. Source: Cache La Poudre River. 5. A. Date of Appropriation: August 16, 2001. B. How appropriation was initiated: By formation of intent to appropriate and conducting field survey for engineering study. 6. Amount claimed: 46.7 acre feet, conditional, with right to fill and refill in priority. 7. Use: Irrigation, 88.47 acres. 8. Surface area at high water line: 10 acres. 9. Total capacity of reservoir: 46.7 acre feet. Applicant will install a pump structure in the reservoir, therefore the entire volume will be active capacity. 10. Name and address of owner of land where structures are located: Applicant owns the land upon which the pond will be located. The B.H. Eaton Ditch is owned by the B.H. Eaton Ditch Co., 106 Elm Avenue, Eaton, CO 80615. 11. Remarks or any other pertinent information: Applicant will construct the pond as part of its non-potable irrigation system for a new subdivision. Water will be diverted from the Cache La Poudre River in priority and will be used to irrigate lawns, parks, and greenbelt areas. The pond will be designed so as to avoid interception of groundwater. 2003CW135 Tarco, Inc., c/o Rick Hobbs, 4781 W. 58th Avenue, P.O. Box 1047, Arvada, CO 80001, 720-341-6647, and The Jon M. Frazier Trust and The Doris A. Frazier Trust, c/o Jon M.

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Frazier and Doris A. Frazier, Trustees, 55345 Road P, Hillrose, CO 80733. (Wendy S. Rudnik, Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978. 303-776-9900) APPLICATION TO CHANGE POINT OF DIVERSION FOR NONTRIBUTARY GROUND WATER FROM THE LOWER ARAPAHOE AQUIFER, AND FOR DETERMINATION OF NONTRIBUTARY AND NOT NONTRIBUTARY UNDERGROUND WATER RIGHTS IN THE DENVER, UPPER ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS in ADAMS COUNTY. 2. Purpose of Application: The nontributary ground water from the Lower Arapahoe aquifer underlying a portion of the SE ¼ of Section 26, Township 1 South, Range 66 West, 6th P.M., in Adams County, Colorado, which is owned by The Jon M. Frazier Trust and The Doris A Frazier Trust (“Subject Property”), was previously quantified in Case No. 81CW88, Water Division No. 1. A legal description and map showing the Subject Property is attached as EXHIBIT A and B. Copies of deeds showing ownership of the Subject Property are attached as EXHIBIT C. The decree in Case No. 81CW88 contains an error in the legal description identifying the well location to withdraw ground water from the Lower Arapahoe aquifer. The description correctly states that the well would be located in the SE ¼ of Section 26, on the Subject Property but the legal description identifies a point located in the SW¼ of Section 26, which is located off of the Subject Property. Applicants seek to correct this error and obtain approval of additional wells to withdraw the Lower Arapahoe aquifer water previously adjudicated to the Subject Property and quantify the nontributary and not nontributary water in the Denver, Upper Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property. Point of Diversion for Lower Arapahoe Aquifer Water 3. Decreed Name of Structures for Which Change is Sought: Frazier Well LAR. 4. Description of the Subject Water Right: a) Original Decree. i. Date entered: June 30, 1989. ii. Case No. 81CW088. iii. Court: District Court, Water Division 1. b) Decreed Point of Diversion: NW ¼ of the SE ¼ of Section 26, Township 1 South, Range 66 West of the 6th P.M., at a point 1350 feet from the South Section line and 1350 feet from the West Section line. c) Decreed Source: Nontributary ground water from the Lower Arapahoe aquifer underlying 153 acres in part of the SE ¼ of Section 26, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado, more particularly described in the description attached as EXHIBIT A and depicted on the map attached as EXHIBIT B. d) Decreed Amount: The Court determined the average specific yield of materials in the Lower Arapahoe aquifer, the thickness of the saturated water-bearing materials in the aquifer and the average annual withdrawal as follows:

Acres of Overlying Land

Saturated Sand Thickness (ft.)

Specific Yield (%)

Annual Average Withdrawal (acre feet)

153 115 0.17 29.9 e) Decreed Use: All beneficial uses including municipal, domestic, industrial, commercial, irrigation, agricultural, stock watering, fire protection, recreation, fish and wildlife preservation and propagation, exchange, replacement and augmentation including storage and subsequent application to said uses, and the right of reuse, successive use and disposition by sale, exchange or otherwise to the extinction of all such water. f) Historical Use: Not applicable. 5. Change in Point of Diversion: Applicants request a change in point of diversion to divert the nontributary Lower Arapahoe aquifer water decreed in Case No. 81CW88. The point of diversion for the Lower Arapahoe aquifer water is incorrectly described as a point located in the SW ¼ of Section

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26 even though the water quantified is located in the SE ¼ of Section 26, Township 1 South, Range 66 West of the 6th P.M. Applicants request the right to construct wells and to withdraw the ground water decreed in Case No. 81CW88 anywhere on the Subject Property. No wells or well permits currently exist for the nontributary ground water from the Lower Arapahoe aquifer. Well permits for the wells to be constructed shall be applied for at such time as the Applicants, their successors or assigns are prepared to construct the wells pursuant to the terms of this decree, the decree in Case No. 81CW88 and applicable Colorado law. a) Specifically, Applicants request a change in the point of diversion to complete such wells anywhere on the Subject Property to recover and to use all physically and legally available water from the Lower Arapahoe aquifer in accordance with the decree in Case No. 81CW88. b) Applicants request that this Court determine that the Applicants have the right to withdraw all of the legally available ground water lying below the Subject Property through any well which may be completed in the future in the Lower Arapahoe aquifer as Applicants’ well field in that aquifer. Applicants will file application with the State Engineer pursuant to Section 37-90-137(10), C.R.S. prior to construction of any wells. Nontributary and Not Nontributary Ground Water Rights 6. Well Permits: There are no wells on the Subject Property. Two well permits were issued for the Subject Property, Permit No. 28687-F and Permit No. 29657-F, both of which have expired since no wells were ever completed. Well permit applications for the wells to be constructed shall be applied for at such time as the Applicants, their successors or assigns are prepared to construct the wells pursuant to the terms of this decree and applicable Colorado law. 7. Legal Description of the Subject Property: The Subject Property is comprised of one parcel containing 153 acres located in the SE ¼ of Section 26, Township 1 South, Range 66 West in Adams County more particularly described in the attached EXHIBIT A and depicted on the map attached as EXHIBIT B. Pursuant to §37-90-137(4), C.R.S., the proposed wells will withdraw not nontributary ground water from the Denver and Upper Arapahoe aquifers and nontributary ground water from the Laramie-Fox Hills aquifers underlying the Subject. 8. Source of Water: a) The ground water to be withdrawn under the Subject Property by Applicants from the Denver and Upper Arapahoe aquifers is not nontributary ground water as defined in §37-90-103(10.7), C.R.S. Because the water from the Denver aquifer is closer than one mile from a point of contact with a natural stream and its alluvium, Applicants must replace actual depletions and continue replacement after withdraw ceases if necessary to compensate for injurious stream depletions in accordance with §37-90-137(9)(c)(I), C.R.S. Because the water from the Upper Arapahoe aquifer is located more than one mile from any point of contact with any natural stream including its alluvium, Applicants will comply with requirements to relinquish to the surface stream system four percent of all such not nontributary ground water withdrawn on an annual basis. Applicants shall not withdraw any not nontributary ground water from the Denver or Upper Arapahoe aquifers without first obtaining a judicially-approved plan for augmentation. b) The ground water to be withdrawn under the Subject Property by Applicants from the Laramie-Fox Hills aquifer is nontributary ground water as defined in §37-90-103(10.5), C.R.S. Applicants will comply with requirements of §37-90-137(9)(c)(I), C.R.S., and Denver Basin Rule 8, 2 C.C.R. 402-6, to relinquish to the surface stream system two percent of all such nontributary ground water withdrawn on an annual basis. Otherwise, said water may be fully consumed to extinction for all beneficial uses. c) Estimated Depth: Proposed wells on the Subject Property will be completed to the bottom of each of the aquifers, which Applicants

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estimate to be approximately 240 feet below land surface in the Denver aquifer, 440 feet below land surface in the Upper Arapahoe aquifer and 1,430 feet below surface in the Laramie Fox-Hills aquifer. The depths are approximate and are based on geologic and topographical information available from the Colorado State Engineer’s office. Actual well completion depths may vary from this estimate based on the actual conditions below the overlying land. 9. Estimated Amount and Rate of Withdrawal: The proposed wells will withdraw ground water at a rate of flow necessary to efficiently withdraw the entire decreed amount in each aquifer. The estimated average annual amounts of ground water available for withdrawal by the Applicants are based upon information contained in the Denver Basin Rules, 2 C.C.R. 402-6, and upon the saturated sand thickness calculated by the State Engineer’s computer program. Applicants estimate the following values and average annual amounts are representative of the subject aquifers at this location:

Aquifer Acres oOverlying Land

Saturated Sand Thickness (ft.)

Specific Yield (%)

Annual Average Withdrawal (acre feet)

Denver 153 90.0 0.17 23.4 Upper Arapahoe

153 94.5 0.17 24.6

Laramie-Fox Hills

153 170.3 0.15 39.1

10. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available ground water lying below the Subject Property through any wells which may be completed in the future in any one aquifer as Applicants’ well field in that aquifer. Applicants will file applications with the State Engineer pursuant to §37-90-137(10), C.R.S., prior to construction of any wells. 11. Proposed Uses: Applicants intend to use, reuse and successively use; and after use, lease, sell or otherwise dispose of for municipal, domestic, agricultural, commercial irrigation, stock watering, recreational, fish and wildlife, fire protection and any other beneficial use on or off the Subject Property. The water may be immediately used or stored for subsequent use, used for exchange purposes, for direct replacement of depletions and for other augmentation purposes including taking credit for all return flows resulting from the use of such water for augmentation for or as an offset against any out-of-priority depletions. 12. Name and Address of Owner of the Land: Applicants, The Jon M. Frazier Trust and The Doris A. Frazier Trust, c/o Jon M. Frazier and Doris A. Frazier, Trustees, 55345 Road P, Hillrose, Colorado 80733. 13. Determination Sought Herein: a) Applicants request a change in point of diversion so nontributary ground water decreed in Case No. 81CW88 from the Lower Arapahoe aquifer can be diverted through wells located anywhere on the Subject Property. b) Applicants request the Court’s determination that pursuant to §37-90-137(4), Applicants have the right to withdraw all of the nontributary ground water from the Lower Arapahoe aquifer, decreed in Case No. 81CW88, under the Subject Property through any wells initially permitted in such aquifer and from any additional wells which may be permitted and constructed in the future on the Subject Property. Applicants request the initial wells and the additional wells permitted in such aquifer be treated as a well field. c) Applicants seek the Court’s determination that pursuant to §37-90-137(4), Applicants have the right to withdraw all of the ground water in the Denver, Upper Arapahoe, and Laramie-Fox Hills aquifers under the Subject Property through any wells

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initially permitted in such aquifers and from any additional wells which may be permitted and completed in the future on the Subject Property. Applicants request the initial wells permitted in such aquifers along with any additional wells shall be treated as a well field. d) Applicants seek a determination that all of the ground water underlying the Subject Property in the Denver, Upper Arapahoe and Laramie-Fox Hills aquifers may be withdrawn and used subject to the terms and conditions included in a decree to be entered in this case and in any augmentation plan decreed for the Denver and Upper Arapahoe aquifer. Applicants seek determination that the Applicants have a vested right to the use of said ground water. e) Applicants are the owners of the overlying land, or have the consent of the owner of the overlying land, to adjudicate all such ground water underlying the Subject Property. The average annual amount determined to be available in the decree can be withdrawn without causing material injury to the vested rights of others, provided that the terms and conditions in said decree are complied with. f) Applicants have met the requirements of §37-92-302(2)(b), C.R.S. g) Applicants request that each well may withdraw water at the rate necessary to withdraw the full allowed annual amount of ground water from the Denver, Upper Arapahoe and Laramie-Fox Hills aquifers. h) Applicants claim the right to withdraw more than the average annual amount in each aquifer estimated in this application pursuant to Statewide Nontributary Ground water Rule 8(a), 2 C.C.R. 402-7. i) Although Applicants have estimated the amount of water available for withdrawal from the Denver, Upper Arapahoe and Laramie-Fox Hills aquifers, Applicants request the right to increase or decrease those estimates based on actual data or better data available at the time of withdrawal without the necessity of amending this application or republishing the same. Applicants request the right to invoke the retained jurisdiction of the Court provided for in §37-92-305(11), C.R.S., to adjust the amount of water available for withdrawal from each aquifer. WHEREFORE, Applicants request this Court to enter a decree: 14. Granting a change in point of diversion so that nontributary ground water from the Lower Arapahoe aquifer, decreed in Case No. 81CW88, can be diverted through wells located anywhere on the Subject Property; 15. Determining that all initial wells and additional wells permitted and completed on the Subject Property that withdraw nontributary ground water from the Lower Arapahoe aquifer, decreed in Case No. 81CW88, shall be treated as a well field; 16. Granting the application herein and awarding final water rights from the Denver, Upper Arapahoe and Laramie-Fox Hills aquifers, except as to those issues which the Court will specifically retain jurisdiction; 17. Determining that Applicants have complied with §37-90-137(4), C.R.S., and water is legally available for withdrawal by Applicants through the wells proposed herein; 18. Determining that all initial wells and additional wells permitted and completed on the Subject Property that withdraw not nontributary ground water from the Denver and Upper Arapahoe aquifers and nontributary ground water from the Laramie-Fox Hills aquifer shall be treated as a well field in each aquifer; 19. Retaining jurisdiction to provide for adjustment of the amount of water available for withdrawal by Applicants from the Denver, Upper Arapahoe and Laramie-Fox Hills aquifers based on actual local aquifer characteristics, and authorizing Applicants to invoke the Court’s retained jurisdiction at any time after such data becomes available pursuant to Section 37-92-305(11), C.R.S.; 20. Determining that the ground water in the Laramie-Fox Hills aquifer under the Subject Property is nontributary ground water, and that vested or conditionally decreed water rights of others will not be materially injured by withdrawal of such ground water; 21. Determining that the ground water in the Denver and Upper Arapahoe aquifers under the Subject Property is not

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nontributary ground water, which may only be used pursuant to a decreed plan for augmentation; 22. Determining that the allocation of all such ground water is not based on appropriations, and, as such, no findings of diligence shall be required to maintain these rights; and 23. Such other relief as the Court deems proper in this matter.

2003CW136 R. BRUCE FUGITT AND RUTH G. HIEBERT, 572 W. Oak Hills Drive, Castle Rock, CO 80108. Application for Underground Water Right, IN DOUGLAS COUNTY. Fugitt/Hiebert Well #109495 located in the NW1/4SE1/4, S34, T6S, R67W, 6th P.M., 2425’ from S and 2773’ from W, a/k/a Oak Hills Subdivision, Filing #1, Lot 44. Source: Non-tributary Dawson Aquifer. Depth: 550’ Appropriation: 8/14/1979. Amount claimed: 10 gpm (1 a/f annually) If well is non-tributary, Name of Aquier: Dawson Formation. Use: 1 single family home with irrigation of ¼ acre of lawns and gardens. 2003CW137 BEAVER RIDGE, LTD., c/o Duane S. Larson, 501 Ash Street, Denver, CO 80220 (Veronica A. Sperling, Moses, Wittemyer, Harrison and Woodruff, P.C., P.O. Box 1440, Boulder, CO 80306-1440, 303-443-8782). APPLICATION FOR FINDING OF DILIGENCE, IN PARK COUNTY. 2. Name of structure: Cottage Grove Reservoir. 3. Describe conditional water right giving the following from the Referee’s Ruling and Judgment and Decree: A. Date of original decree: June 29, 1977; Case No.: W-7853-74; Court: District Court, Water Division No. 1. B. Legal description: Cottage Grove Reservoir inlet is located in the W1/2 of the NW1/4 of Section 19, T9S, R77W of the 6th P.M., Park County, Colorado, at a point whence the NW corner of said Section 19 bears N38Ε54'15" W, 1471.405 feet. C. Source: The Middle Fork of the South Platte River. D. Appropriation dates and amounts: August 31, 1969 – 4 acre-feet, ABSOLUTE, with the right to fill and refill CONDITIONAL; January 1, 1975 – 6 acre-feet, ABSOLUTE, with the right to fill and refill CONDITIONAL. E. Use: Non-consuming recreational and fish rearing, ABSOLUTE. Storage of waters under exchange or augmentation plans approved by the court, CONDITIONAL. 4. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to beneficial use as conditionally decreed, including expenditures: Cottage Grove Reservoir has been completed to its full decreed capacity of 10 acre-feet. It has an absolute decree for non-consuming recreational and fish rearing purposes. The decree of the District Court, Water Division No. 1, in Case No. W-7610-74 approved a plan for augmentation filed by applicant which contemplates the use of Cottage Grove Reservoir as a place of storage for the water to be used to augment the out-of-priority depletions resulting from the use of water at a planned development called Beaver Ridge. In 1993, applicant replatted the southernmost 266 acres of the property into 22 single-family lots and an Outlot, under the name Platte River Ranch Estates (“PRRE”). In connection with said replatting, applicant filed an application (Case No. 93CW071) to amend the plan for augmentation decreed in Case No. W-7610-74 to provide for 22 domestic wells and related water use at PRRE. The decree approving the amendment of the augmentation plan decreed in Case No. W-7610-74 was entered on July 5, 1994. There are currently eight residences at PRRE and one additional residence under construction. From the time the decree in Case No. W-7610-74 was entered until the present, there has been no development on the remaining 87 acres at Beaver Ridge, notwithstanding applicant’s expenditure of substantial sums in pursuit of the same. During the diligence period, applicant has sold portions of the absolute water right for Cottage Grove Reservoir to PRRE and others and

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retained the conditional water rights for use on the remaining 87 acres of the Beaver Ridge development, continued to market lots in the Beaver Ridge development, obtained a change in zoning of the 87 acres from light industry to residential, had the 87 acres surveyed for development, entered into a contract to sell the entire 87 acres and associated water rights which was ultimately not performed, and continued to maintain and operate Cottage Grove Reservoir, including repairs and upgrade of the Reservoir headgate and making releases of augmentation water therefrom for PRRE. Applicant expended approximately $4,800.00 on these activities during the diligence period. 5. If claim to make absolute: Not applicable. 6. Names and address of owner(s) of land upon which structures are or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant. (4 pages) 2003CW138 BEAVER RIDGE, LTD., c/o Duane S. Larson, 501 Ash Street, Denver, CO 80220 (Veronica A. Sperling, Moses, Wittemyer, Harrison and Woodruff, P.C., P.O. Box 1440, Boulder, CO 80306-1440, 303-443-8782). APPLICATION FOR FINDING OF DILIGENCE, IN PARK COUNTY. 2. Names of structures: Beaver Ridge Well Nos. 1, 2 and 3. 3. Describe conditional water right giving the following from the Referee’s Ruling and Judgment and Decree: A. Date of original decree: April 15, 1975; Case No.: W-7781-74; Court: District Court, Water Division No. 1. B. Legal description: (1) Beaver Ridge Well No. 1: In the NW1/4 SW1/4, Section 18, T9S, R77W of the 6th P.M., at a point whence the W1/4 corner of said section bears NW a distance of 200 feet. (2) Beaver Ridge Well No. 2: In the NW1/4 SW1/4, Section 18, T9S, R77W of the 6th P.M., at a point whence the W1/4 corner of said section bears N20ΕW a distance of 700 feet. (3) Beaver Ridge Well No. 3: In the SW1/4 SW1/4, Section 18, T9S, R77W of the 6th P.M., at a point whence the SW corner of said section bears S42ΕW a distance of 300 feet. C. Source: Groundwater tributary to the Middle Fork of the South Platte River. D. Appropriation date: January 16, 1974; Amount: 1.0 cubic foot per second (449 gpm) CONDITIONAL, with a total yearly diversion limitation of 454 acre-feet, which may be diverted by any one or more of the wells in combination. E. Use: Domestic, commercial, industrial, municipal and recreational. F. Depth (if well): Beaver Ridge Well No. 1 is 85 feet deep; Beaver Ridge Well Nos. 2 and 3 have not been constructed. 4. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to beneficial use as conditionally decreed, including expenditures: The water rights decreed to Beaver Ridge Well Nos. 1-3 are part of an integrated water system which includes those wells, Cottage Grove Reservoir, and other water rights. The decree of the District Court, Water Division No. 1, in Case No. W-7610-74 approved a plan for augmentation pursuant to which the depletions resulting from the withdrawal of water through said wells and other wells and the use of said water at a planned development called Beaver Ridge would be replaced. From the time the decree granting conditional water rights to the wells and the decree in Case No. W-7610-74 were entered, there has been no development at Beaver Ridge, notwithstanding applicant’s expenditure of substantial sums in pursuit of the same. In 1993, applicant replatted the southernmost 266 acres of the development into 22 single-family lots and an Outlot, under the name Platte River Ranch Estates (“PRRE”). In connection with said replatting, applicant filed an application (Case No. 93CW071) to amend the plan for augmentation decreed in Case No. W-7610-74 to provide for 22 domestic wells and related water use at PRRE. The decree approving the amendment of the augmentation plan decreed in Case No. W-7610-74 was entered

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on July 5, 1994. Beaver Ridge Well Nos. 1, 2, and 3 are or will be located on the 87 acres of the Beaver Ridge property that was not the subject of Case No. 93CW071. The wells will be used to supply the water for the development on said 87 acres when such development occurs. During the diligence period, applicant took water quality samples from Beaver Ridge Well No. 1 annually and had the samples analyzed, continued to market lots in the Beaver Ridge development, obtained a change in zoning of the 87 acres from light industry to residential, had the 87 acres surveyed for the development, entered into a contract to sell the entire 87 acres and associated water rights which was ultimately not performed, and continued to maintain and operate Cottage Grove Reservoir, including repairs and upgrade of the Reservoir headgate. Applicant expended approximately $3,300.00 in connection with these activities during the diligence period. 5. If claim to make absolute: Not applicable. 6. Names and address of owner(s) of land upon which structures are or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant. (4 pages) 2003CW139 CITY OF ENGLEWOOD. David G. Hill, BERG HILL GREENLEAF & RUSCITTI LLP, P. O. Box 1719, Boulder, CO 80306. Phone Number:(303) 402-1600. Fax Number: (303) 402-1601 E-mail:[email protected]. APPLICATION FOR SEXENNIAL FINDING OF REASONABLE DILIGENCE, IN DOUGLAS, ARAPAHOE, JEFFERSON AND DENVER COUNTIES, COLORADO. 1. Name and Address of Applicant: City of Englewood, Attn: Utilities Director,

1000 Englewood Parkway, Englewood, CO 80110. (303)762-2636. 2. Name of Structure: Exchange to City of Englewood points of diversion listed

under paragraph 3B below. 3. Description of Conditional Water Rights:

A. These rights were conditionally decreed on March 24, 1997, in Case No. 90CW223, District Court, Water Division No.1, Colorado.

B. Location: Union Avenue Intake, which is located on the right (East) bank of the South Platte River, in Section 9, Township 5 South, Range 68 West, of the 6th P.M., at a point approximately 2300' from the North section line of said Section and 300" from the West section line of said Section (from 1965 USGS 7-1/2' quadrangle sheet, photorevised in 1980). Ensor Well Field, which is located in Section 31, Township 5 South, Range 68 West, of the 6th P.M. Outlet Manifold for City Ditch at Chatfield Reservoir, whose center line of the outlet conduit intersects the center line of the dam at a point whence the NW Corner, Section I, Township 6 South, Range 69 West, of the 6th P.M., bears N 49� West, 4,070'. Chatfield Reservoir, which is located in Sections 6, 7, 17, 18, 19 and 20, Township 6 South, Range 68 West, of the 6th P.M., and Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 23, 24, 26, 27, 34 and 35, Township 6 South, Range 69 West, of the 6th P.M. Headgate of the Highline Canal, which is located in Section 33, Township 6 South, Range 69 West, of the 6th P.M.

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Dad Clark Gulch at McLellan Reservoir, which is located in Sections 32 and 33 of Township 5 South, Range 68 West of the 6th P.M., and Sections 4 and 5, Township 6 South, Range 68 West, of the 6th P.M., with the initial point of survey being a point whence the SE corner of Section 32, Township 5 South, Range 68 West, of the 6th P.M. bears South 71� 00' East 2,489.5 feet.

C. Source: 1. Not nontributary and nontributary ground water from the not nontributary Denver, Arapahoe and Laramie-Fox Hills aquifers and the nontributary Laramie-Fox Hills aquifer, the rights to which are the subject of Englewood's application decreed by the District Court, Water Division No. 1, in Case No. 89CW062. The wells from which such not nontributary and nontributary ground water will be withdrawn are, as set forth in Englewood's decree in Case No. 89CW062, Water Division No. 1: DENVER AQUIFER (1) DE-1

(a) Location: In the SW 1/4 of the SW 1/4 of Section 28, T4S, R68W of the 6th P.M., at the point 550' North of the South section line and 500' East of the West section line of said Section 28. (b) Depth: 340'. (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal: 78 acre feet. (2) DE-2 (a) Location: In the NE 1/4 of the NE 1/4 of Section 34, T4S, R68W of the 6th P.M., at the point 400' South of the North section line and 500' West of the East section line of said Section 34. (b) Depth: 570' . (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal: 78 acre feet.

(3) DE-3 (a) Location: In the NW 1/4 of the SW 1/4 of Section 34, T4S, R68W of the 6th P.M., at the point 2375' North of the South section line and 340' East of the West section line of said Section 34.

(b) Depth: 470'. (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal 78 acre feet. (4) DE-4

(a) Location: In the SW 1/4 of the SE 1/4 of Section 35, T4S, R68W of the 6th P.M., at the point 1150' North of the South section line and 2450' West of the East section line of said Section 35.

(b) Depth: 710'. (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal: 78.4 acre feet. (5) DE-5

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(a) Location: In the NE 1/4 of the NW 1/4 of Section 4, T5S, R68W of the 6th P.M., at the point 850' South of the North section line and 2420' East of the West section line of said Section 4.

(b) Depth: 375'. (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal: 78 acre feet. (6) DE-6

(a) Location: In the SE 1/4 of the NE 1/4 of Section 3, T5S, R68W of the 6th P.M., at the point 1450' South of the North section line and 1100' West of the East section line of said Section 3.


(a) Location: In the SE 1/4 of the SE 1/4 of Section 4, T5S, R68W of the 6th P.M., at the point 200' North of the South section line and 700" West of the East section line of said Section 4.


(a) Location: In the NW 1/4 of the SE 1/4 of Section 9, T5S, R68W of the 6th P.M., at the point 1400' North of the South section line and 1550' West of the East section line of said Section 9.

(b) Depth: 280". (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal: 78 acre feet. (9) DE-11

(a) Location: In the NW 1/4 of the SW 1/4 of Section 9, T5S, R68W of the 6th P.M., at the point 2550' North of the South section line and 570' East of the West section line of said Section 9.



(b) Depth: 525'. (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal: 78 acre feet. (11) DE-M1

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(a) Location: In the NE 1/4 of the NE 1/4 of Section 4, T6S, R68W of the 6th P.M., at the point 950' South of the North section line and 950' West of the East section line of said Section 4.

(b) Depth: 330'. (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal: 48�9 acre feet. ARAPAHOE AQUIFER (1) A-M1


(b) Depth: 865'. (c) Pumping Rate: 400 gpm. (d) Average Annual Withdrawal: 210 acre feet. LARAMIE-FOX HILLS AQUIFER (1) LF-M2

(a) Location: In the NE 1/4 of the NW 1/4 of Section 4, T6S, R68W of the 6th P.M., at a point 528 feet South of the North section line and 1372 feet East of the West section line of said Section 4.

(b) Depth: 1650'. (c) Pumping Rate: 200 gpm.

(d) Average Annual Withdrawal: 138.9 acre feet, of which 115.6 acre feet is not-nontributary, and 23.3 acre feet is nontributary. Note: Applicant has filed a petition to increase the decreed yield from this well. 2. Nontributary ground water from the nontributary Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers, the rights to which are the subject of Englewood's application decreed in the District Court, Water Division No. 1, in Case No. 89CW061. The wells from which such nontributary ground water will be withdrawn are, as set forth in Englewood's decree in Case No. 89CW061, Water Division No. I:

UPPER ARAPAHOE AQUIFER (1) UA-1

(a) Location: In the SW 1/4 of the SW 1/4 of Section 28, T4S, R68W of the 6th P.M., at the point 550' North of the South section line and 500' East of the West section line of said Section 28.

(b) Depth: 645'. (c) Pumping Rate: 250 gpm. (d) Average Annual Withdrawal: 109 acre feet. (2) UA-2


(b) Depth: 830'. (c) Pumping Rate: 250 gpm.

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(d) Average Annual Withdrawal: 109 acre feet. (3) UA-3


(B) Depth: 680'. (c) Pumping Rate: 250 gpm. (d) Average Annual Withdrawal: 109 acre feet. (4) UA-4







(a) Location: In the SE 1/4 of the SE 1/4 of Section 4, T5S, R68W of the 6th P.M., at the point 200' North of the South section line and 700' West of the East section line of said Section 4.

(b) Depth: 550'. (d) Average Annual Withdrawal: 109 acre feet. (8) UA-8


(b) Depth: 480'. (C) Pumping Rate: 250 gpm. (d) Average Annual Withdrawal: 109 acre feet. (9) UA-9

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(a) Location: In the NE 1/4 of the SE 1/4 of Section 10, T5S, R68W of the 6th P.M., at the point 1600' North of the South section line and 950' West of the East section line of said Section 10.




(a) Location: In the NE 1/4 of the NW 1/4 of Section 3, T5S, R68W of the 6th P.M., at the point 750' South of the North Section line and 1350' East of the West section line of said Section 3.

(b) Depth: 700'. (c) Pumping Rate: 250 gpm. (d) Average Annual Withdrawal: 109 acre feet. LOWER ARAPAHOE AQUIFER (1) LA-1


(b) Depth: 870'. (c) Pumping Rate: 250 gpm. (d) Average Annual Withdrawal: 106.3 acre feet. (2) LA-2





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(a) Location: In the NW 1/4 of the SW 1/4 of Sect±on 9, T5S, R68W of the 6th P.M., at the point 2550' North of the South section line and 570' East of West section line of said Section 9.


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(b) Depth: 920'. (c) Pumping Rate: 250 gpm. (d) Average Annual Withdrawal: 106.3 acre feet. LARAMIE-FOX HILLS AQUIFER (1) LF-1


(b) Depth: 1580'. (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal: 162.1 acre feet. (2) LF-2






(b) Depth: 1745". (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal: 162.4 acre feet. (5) LF-5



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(a) Location: In the NE 1/4 of the SE 1/4 of Section 10, T5S, R68W of the 6th P.M., at the point 1600' North of the South section line and 950' West of the East section line of said Section i0.


(a) Location: In the NE 1/4 of the SE 1/4 of Section 5, T5S, R68W of the 6th P.M., at the point 2250' North of the South section line and 350' West of the East section line of said Section 5.




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(a) Location: In the NE 1/4 of the NW 1/4 of Section 3, T5S, R68W of the 6th P.m., at the point 750' South of the North section line and 1350' East of the West section line of said Section 3.

(b) Depth: 1595'. (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal: 162.1 acre feet. D. Appropriation Date: December 17, 1990 Amount: 23.3 cfs (which is the maximum amount set forth in the

Application) E. Use:

Water to which Englewood is entitled under the subject rights may be conveyed to the South Platte River at the points of introduction identified above. An amount of water equal to the amount of water to which Englewood is entitled under the subject rights may be diverted at any of the points of diversion identified above and used for municipal, domestic, industrial, commercial, irrigation (including watering of parks, lawns, and gardens), stock watering, recreational, fish and wildlife propagation and maintenance, manufacturing, fire protection, instream uses, sewage treatment, street sprinkling, and other beneficial purposes within the South Platte River drainage in Water Division No. 1. In addition, such water may be used for exchange purposes, for replacement of depletions resulting from use of water from other sources and for augmentation purposes. Such water may be used on any lands to which Englewood provides water for municipal purposes (including any of the purposes enumerated in the preceding paragraph). Use of such water shall not be limited to lands served by Englewood at the time of this application, but shall extend to any lands to which Englewood hereafter provides water for municipal purposes, and to any lands to which Englewood provides water for municipal purposes under an existing or future contract of supply. Englewood claims an appropriation date of December 17, 1990 for this appropriative right of exchange. Englewood will make the exchange described herein at the rate water is legally and physically available to the subject rights pursuant to the terms and conditions of the decrees entered in Case Nos. 89CW061 and 89CW062, Water Division No. 1. The rate of exchange will not exceed 23.3 cfs.

4. Diligence Activities: Pursuant to the Decree issued in 90CW223, this exchange is part of a unified extensive system for the collection, treatment and distribution of water operated by the City of Englewood. For the purposes of showing diligence as to 90CW223, diligence as to any part of Englewood’s water rights system used to operate or benefit from these exchanges shall be diligence as to the completion of the exchanges.

a. During the diligence period of March 25, 1997 to March 31, 2003, Applicant Englewood has done at least the following work toward completion of the appropriation and application of the water rights decreed in Case No. 90CW223

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to beneficial use. Because Englewood has an integrated system, the following listed items represent system wide projects and work that have been completed or are in the process of being completed which pertain to 90CW223. This list is not intended to be exclusive. i. During this diligence period, Applicant has expended substantial funds in

renegotiating a new contract for the provision of water to Centennial Water and Sanitation District including that derived from the decrees entered in Case Nos. 90CW223.

ii. During this diligence period, Applicant has participated in numerous Water Court cases to protect the quality and quantity of the water rights decreed in 90CW223, and its other water rights, from encroachment by other parties.

iii. During this diligence period, Applicant has filed diligence applications on other conditional decrees which are part of its integrated system.

iv. During this diligence period, Applicant has undertaken to make major improvements in the Allen Water Treatment Plant, including expending over $15,000,000.00 to improve the Filter Plant. Primary improvements include pre-treatment processes and addition of activated carbon filters. (The Stewart H. Fonda Millenium Addition to the Allen Water Treatment Plant).

v. During this diligence period, Applicant engaged in piping City Ditch from the Chatfield Reservoir outlet manifold to its McLellan Reservoir pump station to avoid waste and seepage and allow winter use of the ditch.

vi. During this diligence period, Applicant arranged to install its McBroom

Ditch pipeline upon the new Oxford bridge crossing of the South Platte River.

vii. During this diligence period, Applicant has purchased over 5,000 feet of pipeline and fittings for the McBroom Ditch Pipeline at a cost of over $200,000.00.

viii. During this diligence period, Applicant has entered into a contract with SEMA Construction for over $100,000.00 to construct the McBroom Ditch Pipeline from the McBroom Ditch to Englewood’s forebay reservoir at Union Avenue and the South Platte River.

ix. During this diligence period, Applicant completed the foregoing pipeline from McBroom Ditch to Englewood’s forebay reservoir at Union Avenue and the South Platte River.

x. During this diligence period, Applicant engaged in extensive litigation to protect water rights from depletion by plans for augmentation that do not provide for adequate water supplies, including the litigation in 02CW108 which included extensive briefing of the legal issues involved therein both at the water court level and the Colorado Supreme Court. Englewood expended over $28,000.00 in legal fees associated with the litigation involved in 02CW108.

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xi. During this diligence period, Applicant engaged in litigation at substantial expense to be able to use Bi-City effluent as a substitute supply for Applicant’s augmentation plans and plans of exchange.

xii. During this diligence period, Applicant has filed objections in various change cases in order to ensure that the standard of historic use is followed.

xiii. During this diligence period, Applicant has engaged in litigation with the State Engineer regarding the proper amount of water that may be pumped from the LFM2 Well.

ivx. During this diligence period, Applicant expended substantial sums with regard to litigation in the Park County Sportsman’s Ranch litigation in 96CW014. Specifically, Englewood expended over $92,533.60 in costs associated with professional fees of Martin and Wood Water Consultants, Inc., and approximately $111,904.71 in attorneys fees from July of 1997 to the present.

b. The following listed items are specific projects and work that have been completed or are in the process of being completed pertaining to the water rights at issue in 90CW223. This list is not meant to be exclusive. i. During this diligence period Applicant obtained engineering services for

drilling a well on the Englewood Golf Course into the Arapaho formation. The costs in the diligence period associated with same, are approximately $245,000.00.

ii. Applicant can and will divert water by means of the exchange and will put

this water to beneficial use. iii. During this diligence period, Applicant engaged Martin and Wood Water

Consultants, Inc. to analyze pumping conditions in Well LF-M2, to provide evidence on the enlargement of the water right decreed to Well LF-M2 based on geophysical evidence, and to prepare the well design, project manual, and plans and specifications for Wells LA-5 and AM-1 under decree entered in 90CW223 at a cost in excess of $12,000.00.

WHEREFORE, Applicant Englewood respectfully requests the judgment and decree of this Court that the Court find diligence in the development of those portions of the appropriative rights not made absolute, and continue the conditional decree for the exchange at the rate of 23.3 cfs for the statutory period, and provide any other relief it finds just and appropriate in these circumstances. 2003CW140 APPLICATION FOR A FINDING OF DILIGENCE, YUMA COUNTY, C/O STEPHEN C. CANN, Assistant Attorney General, Natural Resources Section, Attorneys for DOW, 1525 Sherman Street, 5th Floor, Denver, Colorado 80203. Telephone: (303) 866-5033. FAX: (303) 866-3558. 1. Name, address, telephone number of applicant: Colorado Division of Wildlife, 6060 Broadway, Denver, CO 80216-1000, Telephone No. (303) 297-1192. Name of Structures: Wray-2 Reservoir, Wray-2 Hatchery Ponds and Wray –2 Ditch/Pipeline. Description of the water right: Date of Original Decree: November 2, 1984 Case No. 84CW131,

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Water Division 1. Legal description: Wray-2 Reservoir is located in the SE¼ of Section 7, T1N, R44W, 6th PM in Yuma County. Wray-2 Hatchery Ponds are located in the N½NE¼ of Section 18, T1N, R44W, 6th PM in Yuma County. Wray-2Ditch/Pipeline point of diversion is located on the east bank of the North Fork of the Republican River in the NW¼, NE¼ of Section 18, T1N, R44W, 6th PM in Yuma County. Source: Surface flows of the North Fork of the Republican River. Appropriation Date: November 27, 1983. Amounts: Wray-2 Reservoir – 150 acre feet. Wray-2 Hatchery Ponds – 160 acre feet. Wray-2 Ditch/Pipeline – 10cfs. Use: Wray-2 Reservoir – Piscatorial, wildlife, recreation and augmentation. Wray-2 Hatchery Ponds – Piscatorial and augmentation. Wray-2 Ditch/Pipeline – Piscatorial, wildlife and recreation. Description of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: During this diligence period, in continuing the development of the conditional water rights, Applicant has been engaged in the legal defense and protection of said water rights and has been diligent in the continued use and development of the water rights involved, including expenditures for legal, consulting, and engineering work. During this diligence period the applicant has conducted the following activities. Numerous internal meetings and site visits were conducted to discuss the construction, operation and maintenance of the Wray-2 Hatchery, as well as opportunities to make improvements to the water system at the Wray Hatchery. The topic of water availability and feasibility was discussed at length. As a result of those internal discussions the Division contracted the services of a consulting engineering firm to develop operational requirements and desired improvements to the Wray Hatchery. The Wray-2 Hatchery water rights were included in the analyses and determined to be a feasible source of water. This contract period was in the spring, summer and fall of 1999 and the cost of the services provided was $22,400.00 .The Wray 2 Hatchery water rights are located on the Sandsage State Wildlife Area (SWA). In the spring of 2001 Division personnel conducted initial and introductory meetings with Ducks Unlimited, Inc., to pursue development of the wildlife and recreation uses of the Wray–2 Reservoir and the Wray-2 Ditch/Pipeline. Those discussions are ongoing. Also in the spring of 2001, Division personnel began the process of preparing an engineering report and plan of augmentation for the Wray Hatchery, pursuant to order from the State Engineer and the Division of Water Resources. The application was filed in December, 2002 and assigned case number 2002CW374, Water Division 1. Wray-2 Reservoir is included in that application as a source of augmentation. Name and address of owners of the land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use:

Colorado Division of Wildlife, and Wildlife Commission 6060 Broadway

Denver, CO 80216 303-291-7261 2003CW141 PUBLIC SERVICE COMPANY OF COLORADO D.B.A. XCEL ENERGY INC. IN CLEAR CREEK COUNTY. APPLICATION FOR A FINDING OF REASONABLE DILIGENCE A DETERMINATION THAT A CONDITIONAL WATER RIGHT HAS BEEN MADE ABSOLUTE. 1. Name, Address and Telephone Number of Applicant: Public Service

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Company of Colorado, d.b.a. Xcel Energy Inc., Water Resources, 4653 Table Mountain Drive, Golden, Colorado 80403, Telephone: (720) 497-2125. Direct all pleadings to: Brian M. Nazarenus, Friedlob Sanderson Paulson & Tourtillott, LLC, 1775 Sherman Street, Twenty-First Floor, Denver, Colorado 80203, (303) 571-1400. 2. Name of Structure: Fisher Ditch/Clear Creek Exchange 3. Description of Conditional Water Right. 3.A. The Fisher Ditch/Clear Creek Exchange is an exchange up Clear Creek and its tributaries from the Fisher Augmentation Station upstream to the South Clear Creek Reservoirs, described below. 3.B. Fisher Augmentation Station: The Fisher Augmentation Station is located near the headgate of the Fisher Ditch, which is on the south bank of Clear Creek in the Northwest quarter of Section 17, Township 3 South, Range 68 West, 6th P.M., Adams County, Colorado at a point which is approximately 60 feet east and 200 feet south of the Northwest corner of said section, and for which the decreed point of diversion is in the Southwest quarter of Section 8, Township 3 South, Range 68 West, 6th P.M., Adams County, Colorado. 3.C. The South Clear Creek Reservoirs: The South Clear Creek Reservoirs consist of the following: 3.C.1. Green Lake Reservoir a. Green Lake Reservoir is an offstream reservoir located in Section 29, Township 4 South, Range 74 West, of the 6th P.M., Clear Creek County, Colorado. The active capacity of Green Lake Reservoir is 270.33 acre-feet. Green Lake Reservoir is more particularly described as follows: Beginning at the outlet whence the Northwest corner of Section 29, Township 4 South, Range 74 West, bears North 15Ε 30' West 1625 feet; thence South 21Ε 45' West 160 feet; thence South 42Ε 10' East 235 feet; thence South 11Ε 30' West 530 feet; thence South 30Ε 25' West 150 feet; thence South 9Ε 10' East 290 feet; thence South 36Ε 15' West 82 feet; thence North 42Ε 55' West 120 feet; thence North 21Ε 20' West 180 feet; thence North 28Ε East 245 feet; thence North 22Ε 40' West 695 feet; thence North 4Ε 50' East 525 Feet; thence South 74Ε 40' East 165 feet to the place of beginning. b. Water is delivered into Green Lake Reservoir from a 1.25 cfs pipeline that diverts from Leavenworth Creek, a tributary of South Clear Creek. The pipeline diverts from Leavenworth Creek at a point located 2,580 feet east of the West section line and 80 feet south of the North section line of Section 30, Township 4 South, Range 74 West, of the 6th P.M. in Clear Creek County. After storage, water is released from Green Lake Reservoir to South Clear Creek. 3.C.2 Clear Lake Reservoir. Clear Lake Reservoir is located on South Clear Creek in Sections 29 and 32, Township 4 South, Range 74 West, of the 6th P.M., Clear Creek County, Colorado. The active capacity of Clear Lake Reservoir is 590.00 acre-feet. Clear Lake Reservoir is more particularly described as follows: Beginning at the outlet whence the Northwest corner of Section 29, Township 4 South, Range 74 West, bears North 20Ε 30' 10" West 3,614 feet; thence North 70Ε West 57 feet; thence South 27Ε 20' West 326 feet; thence South 40Ε 30' West 233 feet; thence South 34Ε 30' West 283 feet; thence South 40Ε 45' West 210 feet; thence South 323 feet; thence South 11Ε 40' West 120 feet; thence South 64Ε East 471 feet; thence South 41Ε 10' East 125 feet; thence South 16Ε 35' East 254 feet; thence South 2Ε 30' West 130 feet; thence South 64Ε West 108 feet; thence North 84Ε West 161 feet; thence South 35Ε 50' West 155 feet; thence South 10Ε East 178 feet; thence South 27Ε 50' East 173 feet; thence South 7Ε West 128 feet; thence South 9Ε 40' West 130 feet; thence East 20 feet; thence North 29Ε 30' East 255 feet; thence North 42Ε 30' East 345 feet; thence North 29Ε East 150 feet; thence North 18Ε East 207 feet; thence North 21Ε 25' East 134 feet; thence North 5Ε 30' West 270 feet; thence North 20Ε 25' West 312 feet; thence North 1Ε 20' West 130 feet; thence North

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24Ε 40' East 155 feet; thence North 12Ε 9' East 553.8 feet; thence South 81Ε West 170 feet; thence North 19Ε 50' West 127 feet; thence North 4Ε 30' East 153 feet; thence North 16Ε East 128 feet; thence North 70Ε West 64 feet to the place of beginning. 3.C.3 Silver Dollar Lake Reservoir a. Silver Dollar Lake Reservoir is located at the headwaters of South Clear Creek in Section 23, Township 5 South, Range 75 West, of the 6th P.M., Clear Creek County, Colorado. The active capacity of Silver Dollar Lake Reservoir is 440.00 acre-feet. Silver Dollar Lake Reservoir is more particularly described as follows: Beginning at the east end of the dam whence the East quarter corner of Section 23, Township 5 South, Range 75 West, bears South 88Ε 25' East 853 feet; thence North 88Ε 25' West 450 feet; thence South 42Ε 30' West 668 feet; thence South 8Ε 40' West 206 feet; thence South 43Ε 45' East 407 feet; thence South 81Ε East 197 feet; thence South 74Ε East 340 feet; thence North 61Ε 30' East 412 feet; thence North 17Ε 57' to the place of beginning. b. Silver Dollar Lake Reservoir directly captures and stores water from South Clear Creek. Additionally, water from South Clear Creek is delivered to Silver Dollar Lake Reservoir by the Silver Dollar Ditch. The headgate of the Silver Dollar Ditch is located at a point whence the East quarter corner of Section 23, Township 5 South, Range 75 West, of the 6th P.M. bears North 86Ε 4' East 4,224.8 feet. The capacity of the Silver Dollar Ditch is 20 cfs. 3.C.4 Murray Lake Reservoir. Murray Lake Reservoir is located at the headwaters of South Clear Creek in Section 23, Township 5 South, Range 75 West, of the 6th P.M., Clear Creek County, Colorado. The active capacity of Murray Lake Reservoir is 80.00 acre-feet. Murray Lake Reservoir is more particularly described as follows: Beginning at the south end of the dam at the outlet, whence the East quarter corner of Section 23, Township 5 South, Range 75 West, bears South 65Ε East 2,878.3 feet; thence North 27Ε West 210 feet; thence South 82Ε West 317 feet; thence North 88Ε 15' West 328 feet; thence South 69Ε West 280 feet; thence South 2Ε West 190 feet; thence South 50Ε East 143 feet; thence South 13Ε 27' East 251.4 feet; thence North 70Ε 10' East 502 feet; thence North 50Ε 15' East 475 feet to the place of beginning. 3.C.5 Lower Cabin Creek Reservoir. Lower Cabin Creek Reservoir is located on South Clear Creek in Sections 31 and 32, Township 4 South, Range 74 West, of the 6th P.M., Clear Creek County, Colorado. The active capacity of Lower Cabin Creek Reservoir is 1,958.50 acre-feet. Lower Cabin Creek Reservoir also stores water from Cabin Creek. Lower Cabin Creek Reservoir is interconnected with Upper Cabin Creek Reservoir as part of a pumped storage hydroelectric project. 3.C.6 Upper Cabin Creek Reservoir. Upper Cabin Creek Reservoir is located on Cabin Creek, a tributary of South Clear Creek, in Section 6, Township 5 South, Range 74 West, of the 6th P.M., Clear Creek County, Colorado. The active capacity of Upper Cabin Creek Reservoir is 1,576.80 acre-feet. Upper Cabin Creek Reservoir is interconnected with Lower Cabin Creek Reservoir as part of a pumped storage hydroelectric project. 3.C.7 Georgetown Forebay Reservoir. Georgetown Forebay Reservoir, a.k.a. Intake Reservoir, is located on South Clear Creek in Section 20, Township 4 South, Range 74 West, of the 6th P.M. in Clear Creek County, Colorado. The active capacity of Georgetown Forebay Reservoir is 7.85 acre-feet. Georgetown Forebay Reservoir is more particularly described as follows: Beginning at the outlet whence the Southwest corner of Section 20, Township 4 South, Range 74 West, bears South 30Ε 23' West 4617 feet; thence North 59Ε 50' West 75 feet; thence South 21Ε 30' West 120 feet; thence South 18Ε 30' West 60 feet; thence South 12Ε 50' West 200 feet; thence South 25Ε 30' West 40 feet; thence South 10Ε 40' West 40 feet; thence South 12Ε

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45' East 15 feet; thence South 51Ε 50' East 20 feet; thence North 88Ε 30' East 40 feet; thence North 44Ε 25' East 60 feet; thence East 40 feet; thence South 2Ε 20' West 80 feet; thence East 68 feet; thence North 34Ε 25' East 40 feet; thence North 14Ε 20' East on 120 feet; thence North 1Ε East 160 feet; thence North 6Ε 20' East 28 feet; thence North 7Ε 50' East 48 feet; thence North 3Ε 55' West 80 feet; thence West 78 feet to the place of beginning. 3.D. Rate of Exchange: 14.30 cfs, conditional 3.E. Appropriation Date and Amount: 3.E.1. Appropriation Date: July 31, 1995 3.E.2. Amount: 14.30 cfs, conditional 3.F. Uses of Water Diverted by Exchange: Replacement of evaporative depletions from the South Clear Creek Reservoirs; all industrial purposes associated with the generation of electrical energy at the Cherokee Station, including, without limitation, power generation, cooling, and evaporation replacement; and for the purpose of meeting return flow obligations required by PSCo’s decrees in 91CW005 and 95CW156, either by release from the South Clear Creek Reservoirs, or by discharge after use in the Cherokee Station. 4. Amount of Conditional Water Right Made Absolute: 3.23 cfs 5. Additional Diligence: 5.A. In addition to exchanging 3.23 cfs, the Applicant has performed substantial maintenance and made substantial improvements to the Fisher Ditch delivery system and Clear Lake Reservoir. 5.B.The combined cost of the above mentioned improvement and maintenance projects during the diligence period exceeded $1,829,006.00. 5.C. The Applicant paid substantial property taxes during the diligence period for the properties and water rights that are the subject of this Application. 5.D. The Applicant paid significant legal and engineering fees over the diligence period in part to defend the water rights that are the subject of this application. WHEREFORE, PSCo, d.b.a. Xcel Energy, requests that the Court enter a decree finding that reasonable diligence was performed during the diligence period in development of the conditional water right which is the subject of this application. The Applicant further requests that the Court enter a determination that 3.23 cfs of the right has been made absolute. 2003CW142 PUBLIC SERVICE COMPANY OF COLORADO D.B.A. XCEL ENERGY INC. IN CLEAR CREEK COUNTY. APPLICATION FOR A FINDING OF REASONABLE DILIGENCE A DETERMINATION THAT A CONDITIONAL WATER RIGHT HAS BEEN MADE ABSOLUTE. 1. Name, Address and Telephone Number of Applicant: Public Service Company of Colorado, d.b.a. Xcel Energy Inc., Water Resources, 4653 Table Mountain Drive, Golden, Colorado 80403, Telephone: (720) 497-2125. Direct all pleadings to: Brian M. Nazarenus, Friedlob Sanderson Paulson & Tourtillott, LLC, 1775 Sherman Street, Twenty-First Floor, Denver, Colorado 80203, (303) 571-1400. 2. Name of Structure: Lower Cabin Creek Reservoir; 3. Description of Conditional Water Right 3.A. Lower Cabin Creek Reservoir is an onstream reservoir with a capacity of 1,958. acre feet, located on South Clear Creek in Sections 31 and 32, Township 4 South, Range 74 West, of the 6th P.M., Clear Creek County, Colorado. The reservoir outlet is located 200 feet west of the East section line and 1,900 feet south of the North section line of Section 31.; 3.B. Source: South Clear Creek and its tributary Cabin Creek 3.C. Appropriation Date and Amount: 3.C.1. Appropriation Date: July 31, 1995 3.C.2. Amount: 308.8 acre feet CONDITIONAL 3.D. Decreed Use: Industrial purposes, including, but not limited to, evaporation replacement, reuse in industrial processes, and power generation and cooling; use for replacement of reservoir evaporative depletions; and use for the purpose of meeting the return flow obligations required by PSCo’s decrees in Case Nos. 91CW005 and 95CW156. 4. Amount of Conditional Water Right Made Absolute: 308.8 acre feet, as to power

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generation uses. All other decreed uses remain conditional. 5. Additional Diligence: 5.A. In addition to diverting, storing and applying water to beneficial use for power generation purposes, the Applicant has performed substantial maintenance and made substantial improvements to Lower Cabin Creek Reservoir, thereby improving both the ability of the reservoir to store water for subsequent application to beneficial use. 5.B. The Applicant paid substantial property taxes during the diligence period for the properties and water rights that are the subject of this Application. 5.C. The Applicant paid significant legal and engineering fees over the diligence period in part to defend the water rights that are the subject of this application. WHEREFORE, PSCo, d.b.a. Xcel Energy, requests that the Court enter a decree finding that reasonable diligence was performed during the diligence period in development of the conditional water right which is the subject of this application. The Applicant further requests that the Court enter a determination that 308.8 acre feet of the right has been made absolute for power generation purposes. 2003CW143 (W-1557, 95CW234) GENESEE WATER & SANITATION DISTRICT, c/o Scott Jones, District Manager, 17301 West Colfax Avenue, Suite 220, Golden, Colorado 80401. Application for a Finding of Reasonable Diligence, IN CLEAR CREEK AND JEFFERSON COUNTIES Name of structures: Bald Mountain Reservoir. Describe conditional water right, giving the following from the Referee=s Ruling and Judgment and Decree: Date of original decree: September 11, 1975 in Case No. W-1557, District Court in and for Water Division No. 1, State of Colorado. Date of subsequent decree: This conditional water right was continued to October 31, 2002 by decree of the District Court in Case No. 95CW234, entered October 29, 1996. By order dated January 24, 2003, and pursuant to ' 37-92-305(7), C.R.S. (2002), the Court extended the deadline for filing and notified the applicant that the conditional water right herein will expire unless applicant files an application for finding of reasonable diligence or to make the right absolute by March 31, 2003. Location: The reservoir will be located in Section 10, Township 5 South, Range 72 West, of the 6th P.M. Source of water: Bear Creek and its tributaries. Date of appropriation: September 28, 1971. Amount of water: 1400 acre-feet, CONDITIONAL. Use of the water: Recreation, irrigation, domestic, municipal and other beneficial uses. Detailed outline of work and expenditures: The application contains a description of work done toward completion of the appropriation and application of water to beneficial use as conditionally decreed, including expenditures. The name and address of the owner of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Genesee Water & Sanitation District, 17301 West Colfax Avenue, Suite 220, Golden, Colorado 80401. WHEREFORE, it is requested that the Court determine Genesee Water & Sanitation District has exercised reasonable diligence in applying this conditional water right to beneficial use and that the right be continued in full force and effect. (5 pages) 2003CW144 (W-1516, 95CW233) GENESEE WATER & SANITATION DISTRICT, c/o Scott Jones, District Manager, 17301 West Colfax Avenue, Suite 220, Golden, Colorado 80401. Application for a Finding of Reasonable Diligence, IN CLEAR CREEK AND JEFFERSON COUNTIES Name of structures: Witter Gulch Pipeline and Witter Gulch Reservoir. Describe conditional water rights, giving the following from the Referee=s Ruling and Judgment and

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Decree: WITTER GULCH PIPELINE: Date of original decree: September 11, 1975 in Case No. W-1516, District Court in and for Water Division No. 1, State of Colorado. Date of subsequent decree: These conditional water rights were continued to October 31, 2002 by decree of the District Court in Case No. 95CW233, entered October 29, 1996. By order dated January 24, 2003, and pursuant to ' 37-92-305(7), C.R.S. (2002), the Court extended the deadline for filing and notified the applicant that the conditional water rights herein will expire unless applicant files an application for finding of reasonable diligence or to make the rights absolute by March 31, 2003. Location: On the left bank of Bear Creek at a point whence the NW corner of Section 12, Township 5 South, Range 72 West, of the 6th P.M., bears North 64Ε00' West 1750 feet, Clear Creek County. Source of water: Bear Creek in the South Platte River Watershed. Date of appropriation: September 28, 1971. Amount of water: 10.0 cfs. CONDITIONAL. Use of the water: Water will be pumped to Witter Gulch Reservoir which is to be used for recreation, irrigation, domestic, municipal and other beneficial uses. WITTER GULCH RESERVOIR: Date of original decree: September 11, 1975 in Case No. W-1516, District Court in and for Water Division No. 1, State of Colorado. Date of subsequent decree: These conditional water rights were continued to October 31, 2002 by decree of the District Court in Case No. 95CW233, entered October 29, 1996. By order dated January 24, 2003, and pursuant to ' 37-92-305(7), C.R.S. (2002), the Court extended the deadline for filing and notified the applicant that the conditional water rights herein will expire unless applicant files an application for finding of reasonable diligence or to make the rights absolute by March 31, 2003. Location: The reservoir will be located in the SW3 of Section 1 and the N2 of the NW3 of Section 12, Township 5 South, Range 72 West, of the 6th P.M., Clear Creek County. Source of water: Witter Gulch and Bear Creek. Water from Bear Creek will be pumped to Witter Gulch Reservoir via the proposed Witter Gulch Pipeline. Date of appropriation: September 28, 1971. Amount of water: 370 acre-feet, CONDITIONAL. Use of the water: Recreation, irrigation, domestic, municipal and other beneficial uses. Detailed outline of work and expenditures: The application contains a description of work done toward completion of the appropriation and application of water to beneficial use as conditionally decreed, including expenditures. The name and address of the owner of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Genesee Water & Sanitation District, 17301 West Colfax Avenue, Suite 220, Golden, Colorado 80401. WHEREFORE, it is requested that the Court determine Genesee Water & Sanitation District has exercised reasonable diligence in applying this conditional water right to beneficial use and that the right be continued in full force and effect. (5 pages) 2003CW145 (W-1515, 95CW235) GENESEE WATER & SANITATION DISTRICT, c/o Scott Jones, District Manager, 17301 West Colfax Avenue, Suite 220, Golden, Colorado 80401. Application for a Finding of Reasonable Diligence, IN CLEAR CREEK AND JEFFERSON COUNTIES Name of structures: Cold Spring Gulch Reservoir Pipeline and Cold Spring Gulch Reservoir. Describe conditional water rights, giving the following from the Referee=s Ruling and Judgment and Decree: Date of original decree: September 11, 1975 in Case No. W-1515, District Court in and for Water Division No. 1, State of Colorado. Date of subsequent decree: These conditional water rights were continued to October 31, 2002 by decree of the District Court in Case No. 95CW235, entered October 29, 1996. By order dated January 24, 2003, and

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pursuant to ' 37-92-305(7), C.R.S. (2002), the Court extended the deadline for filing and notified the applicant that the conditional water rights herein will expire unless applicant files an application for finding of reasonable diligence or to make the rights absolute by March 31, 2003. Location of reservoir: In Section 25, Township 4 South, Range 71 West, of the 6th P.M. Location of pipeline: The Cold Spring Gulch Reservoir Pipeline will have its intake at a point on the left bank of Bear Creek at a point whence the NW corner of Section 31, Township 4 South, Range 70 West, of the 6th P.M., bears North 15°15' West, 350 feet, in Jefferson County, Colorado. Source of water: Cold Spring Gulch and Bear Creek. Date of appropriation: October 2, 1971. Amount of water: Cold Spring Gulch Reservoir: 225 acre-feet, CONDITIONAL; Cold Spring Gulch Reservoir Pipeline: 8.75 cfs, CONDITIONAL. Use of the water: Recreation, irrigation, domestic, municipal and other beneficial uses. Detailed outline of work and expenditures: The application contains a description of work done toward completion of the appropriation and application of water to beneficial use as conditionally decreed, including expenditures. The name and address of the owner of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Genesee Water & Sanitation District, 17301 West Colfax Avenue, Suite 220, Golden, Colorado 80401. WHEREFORE, it is requested that the Court determine Genesee Water & Sanitation District has exercised reasonable diligence in applying this conditional water right to beneficial use and that the right be continued in full force and effect. (5 pages) 2003CW146 APPLICATION FOR NONTRIBUTARY AND NOT NONTRIBUTARY UNDERGROUND WATER RIGHTS IN THE DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AQUIFERS IN THE CITY AND COUNTY OF DENVER. Applicant Colorado Seminary requests a determination of its rights to the nontributary underground water contained in the Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying its property in the City and County of Denver, pursuant to Colo. Rev. Stat. § 37-90-137(4). 1. Name, Address, and Telephone Number of Applicant: Colorado Seminary, c/o Jeff Bemelen, Director-Facilities Management, 2400 South Race Street, Denver, CO 80208, 303-871-3256. Please direct all pleadings to Anne J. Castle, Esq., Holland & Hart, LLP, 555 Seventeenth Street, Suite 3200, Post Office Box 8749, Denver, Colorado 80201-8749 (303) 295-8000. Colorado Seminary is a Colorado corporation organized and existing pursuant to a charter approved by the Council and House of Representatives of the Territory of Colorado on March 5, 1864, and which owns and operates the University of Denver. 2. Claim to Ground Water in the Denver, Arapahoe and Laramie-Fox Hills Aquifers: Applicant is the owner of approximately 150.58 acres of land overlying the Denver, Arapahoe, and Laramie-Fox Hills aquifers located in Sections 23, 24, 25, and 26, all in Township 4 South, Range 68 West of the 6th P.M., City and County of Denver, State of Colorado, more specifically described in Exhibit A herein. Applicant has the consent of the Iliff School of Theology (“Iliff”) to appropriate and withdraw the ground water in the Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying an additional and adjacent 10.51 acres of land owned by Iliff in Sections 25 and 26, Township 4 South, Range 68 West of the 6th P.M., City and County of Denver, also more specifically described in Exhibit A herein. Applicant claims the right to all of the ground water in the Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying all lands described herein as owned by Applicant and Iliff (the “Property”). A map showing the location of the Property is attached hereto as Exhibit B. 3.

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Wells and Well Permits: Well permits will be applied for when Applicant is prepared to drill the wells. Applicant will locate a sufficient number of wells on the Property to withdraw all ground water in the Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying the Property. The wells may be constructed at any location on the Property, but no well will be closer than 600 feet from an existing well in the same aquifer owned by a person or entity other than Applicant, unless specifically approved by the Colorado State Engineer. Applicant requests the right to construct additional wells as are necessary in order to recover the entire decreed amount of water or to maintain the production levels as the well yield in the aquifers declines, without the necessity of filing an amendment to this application, republishing, or petitioning the Court for the reopening of any decree hereafter entered. Applicant may establish a well field for the production of the ground water from the Denver, Arapahoe, and Laramie-Fox Hills aquifers described herein and shall be entitled to well permits for additional wells pursuant to Colo. Rev. Stat. § 37-90-137(10) and Rules 12 and 14 of the Rules and Regulations Applying to Well Permits to Withdraw Ground Water pursuant to Colo. Rev. Stat. § 37-90-137(4) ("Statewide Nontributary Rules”). 4. Total Amount of Water Claimed: Applicant seeks a decree confirming its right to all unappropriated water underlying the Property in the Denver, Arapahoe, and Laramie-Fox Hills aquifers. The estimated average annual amounts of withdrawal from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicant estimates that the following annual amounts are representative of the Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying the Property: Denver Aquifer: 43.8 acre-feet not nontributary, 17% specified yield, 160 feet average saturated thickness. Upper Arapahoe Aquifer: 9.7 acre-feet nontributary, 17% specific yield, 35.3 feet average saturated thickness. Lower Arapahoe Aquifer: 21.8 acre-feet nontributary, 17% specific yield, 79.7 feet average saturated thickness. Laramie-Fox Hills Aquifer: 50.5 acre-feet nontributary, 15% specific yield, 208.8 feet average saturated thickness. Applicant requests that the annual amount of withdrawal be adjusted to conform to actual local aquifer characteristics when adequate information is obtained from well drilling or test holes. Applicant claims all nontributary and not nontributary ground water underlying the Property and request the right to revise the estimated amounts of water available from the subject aquifers upward or downward, based on better or updated data, without the necessity of amending this application or republishing same. Applicant requests confirmation of the ability to withdraw the ground water in the Denver, Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers from the wells to be constructed in the future in excess of the average annual amount decreed, so long as the sum of the total withdrawals from the aquifer does not exceed the product of the total number of years since the date of issuance of the well permit or the date of this Court’s decree, whichever occurs first, and the amount of average annual withdrawal. Applicant will supplement this application with evidence that the State Engineer has issued or failed to issue, within four months of the filing of the application with this Court, a determination as to the facts of this application. 5. Nontributary Character of Arapahoe and Laramie-Fox Hills Ground Water: Applicant asserts that the annual withdrawal of the amounts of Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers ground water specified above, subject to the terms and conditions proposed herein, will not result in material injury to the vested water rights of others and will not, within 100 years, deplete the flow of the natural stream at an annual rate greater than 1/10 of 1% of the annual rate of withdrawal and is nontributary as defined in Colo. Rev. Stat. § 37-90-103(10.5).

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In order to assure that no vested water rights are materially affected by withdrawals of this nontributary ground water, no more than 98% of the water withdrawn annually from any of the future wells shall be consumed by Applicant. 6. Not Nontributary Character of Denver Ground Water: Applicant asserts that the annual withdrawal of the amounts of Denver aquifer ground water specified above will, within 100 years, deplete the flow of the natural stream at an annual rate greater than 1/10 of 1% of the annual rate of withdrawal and is, therefore, not nontributary as defined in Colo. Rev. Stat. § 37-90-103(10.5). The location of the wells proposed to be drilled into the Denver aquifer is more than one mile from the point of contract with the nearest surface stream. In order to assure that no vested water rights are materially affected by withdrawals of this not nontributary ground water, Applicant will obtain approval of an augmentation plan providing for the replacement of at least 4% of the Denver aquifer withdrawals prior to the use of any of the water from the Denver aquifer described herein. 7. Proposed Use of Water: The water withdrawn from the proposed wells will be used for all existing and future beneficial purposes including, without limitation, domestic, irrigation, commercial, industrial, fire protection, recreation, livestock watering, dust control, wetland and water feature establishment and maintenance, fish and wildlife, and any and all uses associated with the educational and religious facilities located on the Property. Applicant claims the right to recapture, the right of reuse and successive use and, after use, the right to lease, sell, or otherwise dispose of said water. The right of successive use shall include the use and claiming of credit for any return flows generated, subject only to the provisions of Colo. Rev. Stat. § 37-82-106, and to Applicant’s obligation to consume no more than 98% of the water withdrawn annually from the well described herein, pursuant to Rule 8 of the Denver Basin Rules. Said water will be produced for immediate application to beneficial use, both on and off the Property, for storage and subsequent application to beneficial use, for exchange purposes, for replacement of depletions, for relinquishment pursuant to Colo. Rev. Stat. § 37-90-137(9)(b), and for any other augmentation purpose. 8. Name and Address of Owner of Land: Applicant (see paragraph 1 above) and Iliff School of Theology, 2201 South University Boulevard, Denver, Colorado 80208, Telephone: (303) 744-1287. WHEREFORE, Applicant requests that this Court enter a judgment and decree: A. Granting the application and awarding the underground water rights claimed. B. Specifically determining that Applicant is entitled to appropriate all the ground water in the Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying the Property. C. Specifically determining as a matter of hydrological and geological fact that unappropriated ground water in the Denver, Arapahoe, and Laramie-Fox Hills aquifers in the estimated amounts specified in paragraph 4 is available for withdrawal by Applicant. D. Specifically determining that the withdrawal of ground water from the Arapahoe and Laramie-Fox Hills aquifers in the amounts determined will not, within 100 years, deplete the flow of a natural stream at an annual rate greater than one-tenth of one percent of the annual rate of withdrawal, and that such ground water meets the definition of “nontributary” as set forth in Colo. Rev. Stat. § 37-90-103(10.5). E. Specifically determining that Applicant’s full average annual entitlement from the Denver, Arapahoe, and Laramie-Fox Hills aquifers may be produced through any combination of wells constructed into those aquifers, and that such wells shall be treated as a well field and operated in order to produce the full allocation of water from each aquifer. F. Specifically determining that Applicant may drill the subject wells at any point within the boundaries of the Property, without the necessity of filing any further amendments to this application, republishing, or reopening the

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decree. G. Specifically determining that the decreed determination of rights to the above described ground water in the Denver, Arapahoe, and Laramie-Fox Hills aquifers is a determination of the right to use such water for existing and future uses and that this determination is not subject to the reasonable diligence requirements of Colo. Rev. Stat. § 37-92-301(4). H. Specifically determining that Applicant has the right to use successively and reuse to extinction the water which is the subject of this application, including the claiming of credit for return flows generated, subject only to the provisions of Colo. Rev. Stat. § 37-82-106 and to Applicant’s obligation to consume no more than 98% of the water withdrawn annually from the Arapahoe and Laramie-Fox Hills aquifers and to replace 4% of withdrawals from the Denver aquifer pursuant to a decreed augmentation plan. I. Specifically determining that the return flows resulting from the use of the water that is the subject of this application can be used to replace out-of-priority depletions under an approved plan for augmentation. J. Directing that Applicant can withdraw the ground water in the Denver, Arapahoe, and Laramie-Fox Hills aquifers from the wells to be constructed in the future in excess of the average annual amount decreed, so long as the sum of the total withdrawals from the aquifer does not exceed the product of the total number of years since the date of issuance of the well permit or the date of this Court’s decree, whichever occurs first, and the amount of average annual withdrawal. K. Specifically determining that Applicant has given adequate notice that the amounts decreed herein are subject to increase or decrease pursuant to this Court’s retained jurisdiction. L. Directing the State Engineer to issue well permits in conformance with the provisions in this decree for the wells necessary to withdraw the ground water decreed herein and any additional wells required by Applicant to produce its full annual entitlement from the Denver, Arapahoe and Laramie-Fox Hills aquifers. M. Specifically determining that the right to use the ground water determined by this Court to be available for withdrawal shall be deemed to be a vested property right. N. Directing that the Water Court shall retain jurisdiction as to determination of ground water from the subject wells as is necessary to provide for the adjustment of the average annual amount of withdrawal allowed to conform to actual local aquifer characteristics from adequate information obtained from well drilling or test holes, pursuant to Colo. Rev. Stat. § 37-93-305(11). DATED: March 28, 2003. 11 pages, including 2 exhibits. 2003CW147 LARRY L. GEBAUER and WILTRUD I. GEBAUER, 789 Wisp Creek Drive, Bailey, Colorado 80421, NORTH FORK ASSOCIATES, LLC and the MOUNTAIN MUTUAL RESERVOIR COMPANY, 2525 South Wadsworth Blvd., Suite 306, Denver, Colorado 80227. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR UNDERGROUND WATER RIGHT, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT. IN JEFFERSON AND PARK COUNTIES. APPLICATION FOR UNDERGROUND WATER RIGHT: 1. Name of Well and Permit, Registration or Denial Number: Gebauer Well No. 1. 2. Legal Description of the Well: The Well will be located in the SW 1/4 SE 1/4 of Section 11, Township 7 South, Range 72 West, 6th P.M., Park County, Colorado, at a point approximately 1,857 feet West of the East Section line and 150 feet North of the South Section line of said Section 11. 3.A. Source of Water: Ground water which is tributary to Wisp Creek, Roland Gulch and the North Fork of the South Platte River. 3.B. Depth of Well: 700 feet, approximate. 4.A. Date of Appropriation: April 30, 2002. 4.B. How Appropriation was Initiated: By filing an Application for a well permit with the

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Colorado Division of Water Resources. 4.C. Date Water Applied to Beneficial Use: N/A. 5. Amount Claimed: 15 gallons per minute, Conditional. 6. Uses: Ordinary household purposes, the watering of domestic animals, the irrigation of lawns and gardens and fire protection purposes. 7. Name and Address of Owner of Land and on which the Well will be Located: Larry and Wiltrud Gebauer, as described above. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT: 1. Name of Structure to be Augmented: Gebauer Well No. 1. 2. Water Rights to be Used for Augmentation Purposes. a. The Gebauers have entered into a contract with North Fork Associates, LLC to purchase 2.7 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 2.7 shares represent the right to receive 0.085 of an acre foot of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders. b. MMRC owns water rights decreed to the Parmalee Ditch No. 1, the Carruthers Ditch No. 2 and the Nickerson Ditch No. 2 ("Parmalee/Carruthers water rights"), portions of which will be used to replace the out-of-priority depletions from the Gebauer Well No. 1. The Parmalee/Carruthers water rights have a priority date of May 1, 1867 and were decreed in the original adjudication for former Water District No. 23 by the Park County District Court on May 22, 1913 in Civil Action No. 1678. Historically, the Parmalee/Carruthers water rights were diverted from Deer Creek at the headgate of the Nickerson Ditch No. 2 in the NW 1/4 SE 1/4 of Section 9, Township 7 South, Range 72 West, 6th P.M., Park County. Such diversions no longer occur. The terms and conditions under which the Parmalee/Carruthers water rights are used for augmentation, replacement and storage purposes are described in the Decree entered by the District Court for Water Division 1 in Case No. 2000CW174, dated October 11, 2002. A copy of the Decree in Case No. 2000CW174 is attached as Exhibit "A." c. Consumptive use water stored in Maddox Reservoir and/or the Lower Sacramento Creek Reservoir No. 1 will be released to the stream system when the Parmalee/Carruthers water rights are out-of-priority. The Lower Sacramento Creek Reservoir No. 1 is located in the NE 1/4 NW 1/4 of Section 32 and the SE 1/4 of Section 29, Township 9 South, Range 77 West, 6th P.M., Park County. It was originally decreed in Case No. W-7741-74 for domestic, municipal, commercial, industrial, irrigation, fish and wildlife propagation, recreational and all other beneficial purposes, including exchange to compensate for depletions in the South Platte River or its tributaries. Maddox Reservoir is located in the NE 1/4 SW 1/4 of Section 22, Township 7 South, Range 73 West, 6th P.M., Park County. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under Sections 37-92-103(9), 302(1)(2) and 305(8), 10 C.R.S.: a. The Gebauers own a three acre lot in the SW 1/4 SE 1/4 of Section 11, Township 7 South, Range 72 West, 6th P.M. Park, County, a/k/a Tract 5B, J.M. Holt Subdivision. It is anticipated that a single family residence and a one bedroom apartment will be constructed on the lot. The water supply will be from the Gebauer Well No. 1. b. Wastewater from all in-building uses of water will be treated utilizing a non-evaporative septic system with a soil absorption leach field. Return flows will be to Wisp Creek. c. Based on prior engineering studies of similar types of developments, it is assumed that the maximum average occupancy of the single family residence will be 3.5 persons and the maximum average occupancy of the apartment will be 2.0 persons. Per capita daily water usage will not exceed 80 gallons. The augmentation plan will also cover the irrigation of 500 square feet of lawn grass, or equivalent gardens, and the watering of two horses. 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

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water per irrigated acre. Gross irrigation requirements for gardens are anticipated to be no more than 0.5 of an acre foot of water per irrigated acre. The total volume of water to be diverted is projected to be approximately 0.531 of an acre foot per year. d. Depletions associated with water which is used inside the single family residence and the apartment will be based on a ten percent (10%) consumption factor. All of the water supplied to horses is assumed to be consumed. Consumption of lawn grass at this location is 1.0 acre foot per acre. Consumption of gardens is 0.4 of an acre foot per acre. Maximum stream depletions, including any applicable stream transportation charges, are not anticipated to exceed 0.085 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. Replacement water will be provided to the stream system during the period April 23 through October 31, inclusive, by leaving Parmalee/Carruthers water rights in the stream. During times when the Parmalee/Carruthers water rights are not in priority and during the non irrigation season, depletions will be augmented by releasing water from Maddox Reservoir or the Lower Sacramento Creek Reservoir No. 1. Transportation charges from the point where water is released from MMRC's facilities to the stream system, to the point of depletion from the Gebauer Well No. 1, will be computed on the basis of 0.13 percent per mile. g. Since the point of depletion associated with water use from the Gebauer Well No. 1 is on a side tributary of the North Fork of the South Platte River, the Gebauers assert 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 the North Fork of the South Platte River and the South Platte River in the SW 1/4 SE 1/4 of Section 25, Township 7 South, Range 70 West, 6th P.M.; thence up the North Fork of the South Platte River to the confluence of Roland Gulch and the North Fork of the South Platte River in the NE 1/4 SE 1/4 of Section 30, Township 7 South, Range 71 West, 6th P.M.; thence up Roland Gulch to the confluence of Roland Gulch and Wisp Creek in the SE 1/4 NE 1/4 of Section 14, Township 7 South, Range 72 West, 6th P.M.; thence up Wisp Creek to the point of depletion from the Well in the SE 1/4 SE 1/4 of Section 11, Township 7 South, Range 72 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in Wisp Creek, Roland Gulch and the North Fork of the South Platte River as the depletions occur. The exchange will be administered with a priority date of March 31, 2003, at a maximum flow rate of 0.001 of a cubic foot per second. 4. Names and Addresses of Owners of Land on which Structures are or will be Located: a. Lower Sacramento Creek Reservoir No. 1: Lower Sacramento Creek Reservoir Company, 2525 South Wadsworth Blvd., Suite 306, Denver, Colorado 80227. b. Maddox Reservoir: Susan Hickel, P. O. Box 135, Shawnee, Colorado 80475. c. Structure described in Paragraph No. 1: Larry and Wiltrud Gebauer, as above described. WHEREFORE, the Gebauers request the entry of a decree approving this Application, specifically determining that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights. The Gebauers also request a determination that the well described herein can be operated without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. The Gebauers further request the entry of an Order directing the State Engineer to issue a permit for the construction and use of the Gebauer Well No. 1. (6 pages and an 11 page exhibit).

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2003CW148 LIONS HEAD RANCH, LLC (Thomas G. Semptimphelter, Manager) 9292 East Pikes Peak Way, Parker, Colorado 80138, 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 JEFFERSON AND PARK COUNTIES. APPLICATION FOR UNDERGROUND WATER RIGHTS: 1. Names of Wells and Permit, Registration or Denial Numbers: Lions Head Ranch Well Nos. 1-45. 2. Legal Description of the Wells: Pursuant to Policy Memo No. 99-1 of the State Engineer, Lions Head Ranch, LLC ("Lions Head"), requests conditional underground water rights for the Lions Head Ranch Well Nos. 1-45. The exact locations of the wells will not be known until the subdivision of the property described herein is approved by Park County. However, the wells can generally be described as being within the SW 1/4 NW 1/4 of Section 1 and the E 1/2 of Section 2, Township 7 South, Range 72 West, 6th P.M., Park County, Colorado. 3.A. Source of Water: Ground water which is tributary to either Wisp Creek, Jones Creek or Pine Gulch, all of which are tributaries of the North Fork of the South Platte River. 3.B. Depth of Lions Head Ranch Well Nos. 1-45: 700 feet, approximate. 4.A. Dates of Appropriation: Lions Head Ranch Well Nos. 1-45: March 31, 2003. 4.B. How Appropriation was Initiated: Field surveys and the filing of this Application. 4.C. Date Water Applied to Beneficial Use: N/A. 5. Amount Claimed: Lions Head Ranch Well Nos. 1-45: 15 gallons per minute, Conditional. 6. Uses: Domestic, including ordinary household purposes, the watering of domestic animals, the irrigation of lawns and gardens and fire protection purposes. 7. Names and Address of Owners of Land on which the Wells will be Located: Lions Head Ranch, LLC and Thomas G. Semptimphelter, as described above. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHTS: 1. Names of Structures to be Augmented: The wells described in Claim No. 1. 2. Water Rights to be Used for Augmentation Purposes. a. Lions Head has entered into a contract with North Fork Associates, LLC to purchase 80.3 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 80.3 shares represent the right to receive 2.521 acre feet of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders. b. MMRC owns water rights decreed to the Parmalee Ditch No. 1, the Carruthers Ditch No. 2 and the Nickerson Ditch No. 2 ("Parmalee/Carruthers water rights"), portions of which will be used to replace the out-of-priority depletions from the Lions Head Ranch Well Nos. 1-45. The Parmalee/Carruthers water rights have a priority date of May 1, 1867 and were decreed in the original adjudication for former Water District No. 23 by the Park County District Court on May 22, 1913 in Civil Action No. 1678. Historically, the Parmalee/Carruthers water rights were diverted from Deer Creek at the headgate of the Nickerson Ditch No. 2 in the NW 1/4 SE 1/4 of Section 9, Township 7 South, Range 72 West, 6th P.M., Park County. Such diversions no longer occur. The terms and conditions under which the Parmalee/Carruthers water rights are used for augmentation, replacement and storage purposes are described in the Decree entered by the District Court for Water Division 1 in Case No. 2000CW174, dated October 11, 2002. A copy of the Decree in Case No. 2000CW174 is attached as Exhibit "A." c. Consumptive use water stored in Maddox Reservoir and/or the Lower Sacramento Creek Reservoir No. 1 will be released to the stream system when the Parmalee/Carruthers water rights are out-of-priority. The Lower Sacramento Creek Reservoir No. 1 is located in the NE 1/4 NW 1/4 of Section 32 and the SE 1/4

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of Section 29, Township 9 South, Range 77 West, 6th P.M., Park County. It was originally decreed in Case No. W-7741-74 for domestic, municipal, commercial, industrial, irrigation, fish and wildlife propagation, recreational and all other beneficial purposes, including exchange to compensate for depletions in the South Platte River or its tributaries. Maddox Reservoir is located in the NE 1/4 SW 1/4 of Section 22, Township 7 South, Range 73 West, 6th P.M., Park County. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under Sections 37-92-103(9), 302(1)(2) and 305(8), 10 C.R.S.: a. Lions Head proposes to subdivide a tract of land consisting of approximately 185 acres into approximately 44 residential lots and a community stable. The property is located in the SW 1/4 NW 1/4 of Section 1 and the E 1/2 of Section 2, Township 7, South Range 72 West, 6th P.M., Park County. The water supply for the lots will be obtained from the Lions Head Ranch Well Nos. 1-45. 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 either Wisp Creek, Jones Creek or Pine Gulch. It is anticipated that between 32 and 36 of the wells will deplete the Wisp Creek/Roland Gulch drainage basin, between 6 and 8 of the wells will deplete the Pine Gulch drainage basin and between 3 and 5 of the wells will deplete the Jones Creek/Elk Creek drainage basin. 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. The augmentation plan will also cover the irrigation of 500 square feet of lawn grass, or equivalent gardens, per lot and the watering of up to fifty horses. 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. Gross irrigation requirements for gardens are anticipated to be no more than 0.5 of an acre foot of water per irrigated acre. The total volume of water required for the development is projected to be approximately 15.4 acre feet per year. d. Depletions associated with water which is used inside buildings will be based on a ten percent (10%) consumption factor. All of the water supplied to horses is assumed to be consumed. Consumption of lawn grass at this location is 1.0 acre foot per acre. Consumption of gardens is 0.4 of an acre foot per acre. Maximum stream depletions, including any applicable stream transportation charges, are not anticipated to exceed 2.521 acre feet 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. Replacement water will be provided to the stream system during the period April 23 through October 31, inclusive, by leaving Parmalee/Carruthers water rights in the stream. During times when the Parmalee/Carruthers water rights are not in priority and during the non irrigation season, depletions will be augmented by releasing water from Maddox Reservoir or the Lower Sacramento Creek Reservoir No. 1. Transportation charges from the point where water is released from MMRC's facilities to the stream system, to the point of depletion from the subject wells, will be computed on the basis of 0.13 percent per mile. g. Since the points of depletion associated with water use from the Lions Head Ranch Well Nos. 1-45 are on side tributaries of the North Fork of the South Platte River, Lions Head asserts appropriative rights of substitute supply and exchange pursuant to Sections 37-80-120 and 37-92-302(1)(a), 10 C.R.S. The reach of one of the exchanges shall extend from the confluence of

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the North Fork of the South Platte River and the South Platte River in the SW 1/4 SE 1/4 of Section 25, Township 7 South, Range 70 West, 6th P.M.; thence up the North Fork of the South Platte River to the confluence of Roland Gulch and the North Fork of the South Platte River in the NE 1/4 SE 1/4 of Section 30, Township 7 South, Range 71 West, 6th P.M.; thence up Roland Gulch to the confluence of Roland Gulch and Wisp Creek in the SE 1/4 NE 1/4 of Section 14, Township 7 South, Range 72 West, 6th P.M.; and thence up Wisp Creek to the point of depletion from the subject wells in the SW 1/4 SW 1/4 of Section 1, Township 7 South, Range 72 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in Wisp Creek, Roland Gulch and the North Fork of the South Platte River as the depletions occur. The exchange will be administered with a priority date of March 31, 2003, at a maximum flow rate of 0.003 of a cubic foot per second. The reach of a second exchange shall extend from the confluence of the North Fork of the South Platte River as above described; thence up the North Fork of the South Platte River to the confluence of Pine Gulch and the North Fork of the South Platte River in the SW 1/4 SW 1/4 of Section 27, Township 7 South, Range 71 West, 6th P.M.; and thence up Pine Gulch to the point of depletion from the subject wells in the SW 1/4 SE 1/4 of Section 1, Township 7 South, Range 72 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in Pine Gulch and the North Fork of the South Platte River as the depletions occur. The exchange will be administered with a priority date of March 31, 2003, at a maximum flow rate of 0.002 of a cubic foot per second. The reach of a third exchange shall extend from the confluence of the North Fork of the South Platte River and the South Platte River as above described; thence up the North Fork of the South Platte River to the confluence of Elk Creek and the North Fork of the South Platte River in the NE 1/4 SE 1/4 of Section 27, Township 7 South, Range 71 West, 6th P.M.; thence up Elk Creek to the confluence of Elk Creek and Jones Creek in the NE 1/4 NE 1/4 of Section 31, Township 6 South, Range 71 West, 6th P.M.; and thence up Jones Creek to the point of depletion from the subject wells in the SE 1/4 SE 1/4 of Section 35, Township 6 South, Range 72 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in Jones Creek, Elk Creek and the North Fork of the South Platte River as the depletions occur. The exchange will be administered with a priority date of March 31, 2003, at a maximum flow rate of 0.002 of a cubic foot per second. h. Lions Head believes and asserts that the depletions associated with the proposed development, combined with depletions associated with other augmentation plans filed subsequent to 1984, will result in less than a one percent depletive effect on the 5 cfs instream flow water right held by the Colorado Water Conservation Board on Elk Creek that was decreed in Case No. 84CW646. 4. Names and Addresses of Owners of Land on which Structures are or will be Located: a. Lower Sacramento Creek Reservoir No. 1: Lower Sacramento Creek Reservoir Company, 2525 South Wadsworth Blvd., Suite 306, Denver, Colorado 80227. b. Maddox Reservoir: Susan Hickel, P. O. Box 135, Shawnee, Colorado 80475. c. Structures described in Paragraph No. 1: Lions Head Ranch, LLC and Thomas G. Semptimphelter, as above described. WHEREFORE, Lions Head 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. Lions Head 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. Lions Head further requests

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the entry of an Order directing the State Engineer to issue permits for the construction and use of the subject wells. (7 pages and an 11 page exhibit).

2003CW149 BOY SCOUTS OF AMERICA – DENVER AREA COUNCIL (“BSA”), 2901 W. 19th Ave., Denver, Colorado 80204, (c/o Stephen H. Leonhardt, Burns Figa & Will P.C., 6400 S. Fiddlers Green Circle, Suite 1030, Englewood, CO 80111, 303.796.2626) APPLICATION FOR CHANGE OF WATER RIGHTS AND AMENDMENT OF PLAN FOR AUGMENTATION, IN BOULDER COUNTY 2. Decreed structures for which change is sought: A. Tahosa Well No. 1 (permit no. 055699-F), B. Tahosa Well No. 2 (permit no. 055700-F), C. Ranger Well (permit no. 055701-F); D. Tahosa Gallery Well (permit no. 055702-F). 3. Previous Decree: A. Date Entered: Nov. 7, 1990, Case No. 89CW211, Water Div. No. 1., B. Decreed point of diversion: i. Tahosa Well No. 1: NW¼ SE¼, Sec. 30, T2N, R72W of the 6th P.M., 1620 ft. from the S. line and 1340 ft. from the E. line of Sec. 30; ii. Tahosa Well No. 2: NE¼ SW¼, Sec. 30, T2N, R72W, of the 6th P.M., 1770 ft. from S. line and 2400 ft. from W. line of Sec. 30; iii. Ranger Well: NE¼ SE¼, Sec. 30, T2N, R72W of the 6th P.M., 1850 ft. from S. line and 1300 ft. from E. line of Sec. 30; vi. Tahosa Gallery: NW¼ SE¼, Sec. 30, T2N, R72W of the 6th P.M., 1600 ft. from the S. line and 2200 ft. from the E. line of Sec. 30. C. Source: springs and groundwater tributary to an unnamed tributary to South St. Vrain Creek. D. Appropriation Dates & Decreed Amounts: i. Tahosa Well No. 1, July 1939, 0.018 cfs (absolute); ii. Tahosa Well No. 2, May 1950, 0.36 cfs (absolute); Ranger Well, April 1963, 0.011 cfs (absolute); iv. Tahosa Gallery Well, May 1950, 0.05 cfs (absolute); E. Decreed/historic uses: Each well has been used by BSA, consistent with the Decree in Case No. 89CW211. The decreed uses are as follows: Tahosa Well No. 1, Tahosa Well No. 2, & Ranger Well: in-house domestic, commercial, municipal and camping uses; Tahosa Gallery: in-house domestic, commercial, municipal, camping, recreation and storage uses. 4. Proposed change: Applicant seeks the following alternate point of diversion well for those tributary wells decreed in Case No. 89CW211: A. Well Name: Lower Meadow Well; B. Location: SW¼ NE¼ of Sec. 30, T2N, R72W of the 6th P.M., 2600 ft. from the N. line and 1400 from the E. line of Sec. 30, Boulder County, CO. C. Uses: in-house domestic, commercial, municipal, camping, and recreation uses. D. Amount: 50 gpm. E. Source: groundwater tributary to an unnamed tributary to South St. Vrain Creek; F. Depth: 300 ft.; G. Plan for operation: The combined pumping rate for the new well, together with the four wells decreed in Case No. 89CW211, shall not exceed the decreed cumulative amount of 0.439 cfs (approx. 195 gpm); and the total annual pumping for all five of the BSA’s Camp Tahosa property wells (including this new Lower Meadow Well) shall not exceed 1.9 af. per year, as per the decree in Case No. 89CW211. Depletions associated with this new well shall be augmented in the same manner as the four wells decreed in Case No. 89CW211, as described below. 5. Name and address of owner of the land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant, BSA. The BSA owns all of the property located within 600 ft. of this new well location. AMENDMENT OF PLAN FOR AUGMENTATION: 6. Applicant requests amendment of its plan for augmentation decreed in Case No. 89CW211. The only amendment requested is to add the Lower Meadow Well as a structure to be augmented pursuant to that decree. 7. Applicant will augment all out-of-priority depletions from the Lower Meadow Well by releasing water from its decreed augmentation water

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source (Tumblesom Lake on the BSA property) in the same amounts and timing as required by Applicant's augmentation plan as decreed in Case No. 89CW211, subject to the following terms and conditions, consistent with the decree provisions: A. The combined pumping rate for the Lower Meadow Well, together with the four wells described in ¶ 3.B above, shall not exceed 0.439 cfs (approx. 195 gpm) as per the decree in Case No. 89CW211, and described above in ¶ 3; B. Total pumping for all five of BSA’s Camp Tahosa property wells (including this new Lower Meadow Well) shall not exceed 1.9 af. per year. C. BSA shall install and maintain such measuring devices and maintain such records as the Division Engineer may require for administration of this new well as part of the decreed augmentation plan. (6 pages, including 1 attachment)

2003CW150, The Ogilvy Land and Irrigation Company, c/o Jack Holman, 28236 Weld County Road #58½, Greeley, CO 80631. APPLICATION FOR CHANGE OF WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION, IN WELD COUNTY. All future correspondence and pleadings to: Daniel K. Brown, Fischer, Brown & Gunn, P.C., P.O. Box Q, Fort Collins, CO 80522. 1. Purposes of Application: The Applicant is a non-profit, mutual ditch company organized pursuant to Section 7-42-101, et. seq., Colorado Revised Statutes. The purposes of this application are: (a) to change the use of certain water rights that Applicant and/or its shareholders own or have a right to use that are currently decreed for irrigation to allow such to also be used for augmentation, recharge, and substitute supply purposes, either directly or following storage; (b) to provide for the ability to use recharge locations where the changed water rights can be delivered and used for recharge purposes; (c) to adjudicate a plan for augmentation that uses the consumptive use of water associated with the water rights to be changed herein, as well as other water rights to which Applicant is entitled either on a direct flow or release from storage basis, to replace out-of-priority depletions associated with well pumping from wells described in paragraph 6 below, and/or to replace historic return flows from the changed water rights or additional water rights, to the extent necessary to prevent legal injury to other water rights; (d) to provide for the inclusion of additional replacement water, including re-timing wells, augmentation wells, bypassed senior water rights, recharge credits and other structures or water rights which Applicant obtains the right to use in the future and which are legally available for augmentation use, into the plan for augmentation applied for herein, and (e), to change the points of diversion of water rights to allow for storage in the Seeley Reservoir or for delivery to and storage in recharge sites under the Ogilvy Canal. 2. Decreed name of structures for which change is sought: (indicate whether ditch, well, springs, reservoir, etc.) 3.1 Greeley No. 3: Applicant has the right to use two (2) shares (represented by stock certificate no. 3246) of 519.7 outstanding shares in the Greeley Irrigation Company (“GIC”). Applicant is in the process of acquiring additional share(s) in the GIC for use in the augmentation plan described below. The GIC owns a 5/8th interest in the water rights decreed to the Greeley Canal No. 3., as well as 60 preferred rights in Fossil Creek Reservoir. A. Date Decree Entered: The original decree for the Greeley Canal No. 3 was entered on April 11, 1882. Case No. Civil Action No. 320 Court: District Court, Larimer County. B. Decreed point of diversion (include map): Located on the South side of the Cache La Poudre River in the NW ¼ of the SE1/4 of Section 32, Township 6 North, Range 66 West of the 6th P.M., Weld County, at a point 1900 feet West and 2200 feet North of the southeast corner of said Section 32. C. Decreed Use: Irrigation and Domestic. D. Source: Greeley Canal No. 3, Cache La Poudre River. Fossil Creek Reservoir,

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Cache La Poudre River and Fossil Creek, Box Elder Creek, and Cooper and Ames Sloughs, tributaries to the Cache La Poudre River. E. Appropriation Dates: April 1, 1870 Amount: 52 c.f.s. October 1, 1871 Amount: 41 c.f.s. July 15, 1872 Amount: 63.13 c.f.s. May 15, 1873 Amount: 16.67 c.f.s. F. The Fossil Creek Reservoir water rights were decreed by the District Court in Larimer County.

Priority Approp. Date Amount (AF.) Adj. Date-Case No. Original Constr. 3/5/1901 2,052 10/28/1909-1591* (Priority No. 40) First Enlargement 6/1/1904 1,545 4/22/1922-

20317 (Priority No. 66) Second Filling (Refill 3/5/1901 12,052 9/10/1953-

11217 (Priority No. 136E)

*Date of Revised Final Findings and Decree in Civil Action No. 1591. G. Historic use: (Include a description of all water rights to be changed, a map showing the approximate location of historic use of the rights and records or summaries of records of actual diversions of each right the Applicant intends to rely on to the extent such records exist.) The two shares were used for agricultural irrigation on approximately 13.50 acres of farm ground in the GIC system, which ground is located in the SE ¼ of Section 16 and the SW ¼ of Section 15, Township 5 North, Range 65 West of the 6th P.M., in Weld County Colorado. Applicant’s ownership of GIC shares allows it to receive delivery of Fossil Creek Reservoir water. This land is to be dried up in accordance with the dry-up agreement attached hereto as Exhibit A. A Map showing the location of the land to be dried up is attached as Exhibit B. Diversion records for the Greeley Canal No.3 are attached as Exhibit C, and include deliveries of Fossil Creek Reservoir water. Applicant will obtain a dry-up agreement on any future GIC share acquired. 3.2 Ogilvy Canal a/k/a Ogilvy Ditch: A. Date Entered: April 22, 1922 Civil Action No. 2031 Court: Larimer County, District Court B. Decreed point of diversion (include map): In the SE ¼ of the SE ¼ of the SW ¼ of Section 4, Township 5 North, Range 65 West of the 6th P.M., in Weld County. A map showing the location of the point of diversion of the Ogilvy Canal is attached as Exhibit D. C. Decreed Use: Irrigation. D. Source: Cache La Poudre River. E. Appropriation Date: July 1, 1881 Priority No. 122 Decree No. 2031 Amount: 91 c.f.s. F. Historic use: (Include a description of all water rights to be changed, a map showing the approximate location of historic use of the rights and records or summaries of records of actual diversions of each right the Applicant intends to rely on to the extent such records exist.) The water has historically been used to irrigate farmlands of the shareholders of the Applicant under the Ogilvy Canal. There are 34 shareholders who irrigate roughly 5,300 acres with the 360 shares in the Applicant company. The primary crops grown are sugar beets, onions, alfalfa, corn and pinto beans. 3.3 Seeley Reservoir a/k/a Seely Reservoir a/k/a Seeley Lake a/k/a Seely Lake: A. Date Entered: April 22, 1922 Civil Action No. 2031 Court: Larimer County, District Court B. Decreed point of diversion (include map): The Seeley Reservoir is located in the SE ¼ of Section 23, the SW ¼ of Section 24, the NW ¼ of Section 26 and the NW ¼ of Section 25, Township 6 North, Range 66 West of the 6th P.M. Seeley Reservoir is filled by runoff and

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seepage waters and can also be filled by the Greeley Canal No. 2 owned by the New Cache La Poudre Irrigating Company, which has its headgate on the east side of the Cache La Poudre River in the N1/2 of the SE1/4 of section 11, Township, 6 North, Range 68 West of the 6th P.M. C. Decreed Use: Irrigation. D. Source: Cache La Poudre River and seepage and runoff in the Cache La Poudre Basin. E. Appropriation Date: June 12, 1902 Priority No. 60 Decree, No. 2031 Amount: 1542.68 acre feet. F. Historic use: (Include a description of all water rights to be changed, a map showing the approximate location of historic use of the rights and records or summaries of records of actual diversions of each right the Applicant intends to rely on to the extent such records exist.) The Seeley Reservoir is owned by the Applicant and the historic use of the Seeley Reservoir has been for the irrigation of the lands under the Ogilvy Ditch (see 3.2.F. above). 4. Proposed change: (a) describe change requested: alternate point of diversion/replacement/change of use; (if well, please list pertinent information from well permit) (b) location; (c) use; (d) amount; (e) give proposed plan for operation (if (b) thru (e) applicable, please give full descriptions.) Applicant intends to change the two shares it owns in the GID (and the additional share(s) it is endeavoring to obtain) to augmentation, replacement and exchange purposes in accordance with the ditch-wide historic use analysis, consumptive use provisions and other applicable requirements contained in the decree entered by this Court in Case No. 96CW658, In the Matter of the Application for Water Rights of the Poudre Prairie Mutual Reservoir & Irrigation Company. In Case No. 96CW658, the Applicant conducted a ditch-wide analysis to determine the historic consumptive use of each share of GIC water rights during the period of 1950-1979, a period that the court found representative of historic use. This Court found that during this period the average annual diversion of GIC direct flow water rights was 11,400 acre feet. Thus the diversions attributable to Applicant’s shares would be 43.87 acre feet annually, on average. The decree found that the average annual consumptive use per share under the GIC system was 10.31 acre feet. The decree in the case further provided, at paragraph 20, that other owners of shares in the GIC system could rely upon the findings made in the decree regarding historic consumptive use of GIC shares in any subsequent change application, in the absence of any showing of later events which the court did not address in 96CW658 and which are germane to the question of injury. The Applicant asserts that the historic consumptive use of the 2 shares should thus be determined to be 20.62 acre feet on an average annual basis, and any additional shares should be determined to yield 10.31 acre feet per share. Applicant shall replace all historic return flows from the irrigation use of such water to the extent necessary to prevent legal injury to senior water rights and shall not use the said water rights unless such replacement is made. Replacements may be made by releases from Seeley Reservoir whenever the legally injured water right entitled to such return flows is downstream on the Cache La Poudre or South Platte Rivers. Applicant may also change certain shares and/or amounts of water decreed to the Ogilvy Canal and Seeley Reservoir to augmentation, replacement and exchange purposes. This will be done by drying up some of the land historically irrigated by shareholders of the Applicant from the water decreed to the Ogilvy Canal and/or Seeley Lake (which decrees are owned by the Applicant and used by its shareholders). The historically consumed portion of the water saved by such dry-up may serve as an additional source of water to augment the depletions discussed in the Augmentation Plan portion of this Application. Applicant also seeks to change its GIC shares, the Ogilvy Canal decree and the Seeley Reservoir decree to allow these sources to be stored in Seeley Reservoir and/or or such other storage

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vessels, including recharge vessels, as may be available to Applicant or may be constructed by the Applicant. The end use of the stored water shall continue to be for irrigation but will also include augmentation, exchange and replacement by direct release Cache La Poudre River, or for later release following storage, or by means of recharge at recharge locations. Before the GIC or Ogilvy Canal water is stored in the Seeley Reservoir, Applicant will obtain the consent of the New Cache La Poudre Irrigating Company for the use of the Greeley Canal No. 2 so that said water can be delivered for storage in Seeley Reservoir. 5. Name(s) and address(es) of owner(s) of the land on which structures are or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. The Applicant or its shareholders owns, or have an easement right to use, all structures named above except the Greeley No. 2 Ditch which is owned by the New Cache La Poudre Irrigating Company, c/o Don Magnuson, 33040 Railroad Avenue, Lucerne, CO 80646. No structures or other facilities of any entity other than the Applicant will be used unless and until Applicant may obtain the legal right to do so, and Applicant requests that the decree to be entered herein so provide.

A. Augmentation Plan

6. Name(s) of structure(s) to be augmented, together with related information applicable to this plan for augmentation:

Owner Name Well Permit

Permit

Suffix

Well Yield (gpm

)

Stream Depleti

on Factor (SDF)

Range Township

Sect q160 q40

COCKROFT LOREN 0073 R 1,250

50 64 W 5 N 11 SW NW

SILVA, JOE C & MARIE N

13380 R 500

10 64 W 5 N 6 SW NE

REYNOLDS, SCOT 0301 R 1,000

25 64 W 5 N 14 SE NE

PETERSON ARTHUR 0303 R 1,300

25 64 W 5 N 14 SE NE

MITANI, BOB 0304 R 700

10 64 W 5 N 6 SW NW

WACKER, HAROLD 4540 R 2,500

50 64 W 5 N 10 SW NE

WACKER, REINHOLD & ROSALIE

5866 F 1,200

350 64 W 5 N 11 NE NE

SLW RANCH COMPANY

6839 R 2,000

25 64 W 5 N 10 SE SE

HEARE, TRAVIS 7007 R 2,500

100 64 W 5 N 11 SE NE

HEARE, TRAVIS 7008 R 2,000

230 64 W 5 N 11 SE SW

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WACKER, HAROLD 11219 F 1,100

180 64 W 5 N 10 NE NW

COCKROFT DAIRY 11318 R 1,100

25 64 W 5 N 10 SE SE

PETERSON, ARTHUR R

12082 R 1,200

55 64 W 5 N 10 SE NW

ANDERSON-CLARK KRISTY J & CLARK BYERS

12099 R 1,400

80 64 W 5 N 14 NE NW

WACKER, REINHOLD & ROSALIE

12310 R 1,000

200 64 W 5 N 11 NE SW

NAKAGAWA, MARY 13297 R 1,050

75 64 W 5 N 13 SE NW

HOSHIKO, JEAN 13947 R 1,200

120 64 W 5 N 13 NW NW

COLORADO COMMODITIES

14511 R 800

50 64 W 5 N 10 SW NE

HOSHIKO, JEAN 14512 R 1,100

210 64 W 5 N 13 NW NE

It is also Applicant’s intent to augment any well that may be a replacement well for the wells listed above. Further, it is Applicant’s intent that future wells owned by shareholders and within the Ogilvy Ditch system may be added to this augmentation plan in accordance with the decree entered herein. Are there other water rights diverted from this structure(s)? No 1. 7. Previous decree(s) for water right(s) to be used for augmentation: The sources of water to be used for augmentation are listed in paragraph 3 above. The Applicant also seeks the right to use, either permanently or temporarily, for augmentation, replacement, and/or recharge in this plan for application, waters that have been decreed for or changed to fully consumptive uses, or are fully consumptive by definition, such as transbasin water. Applicant may also use recharge credits from recharge ponds and water derived from re-timing or augmentation wells obtained by the Applicant in the future provided such sources of water are acceptable to the State Engineer and can be operated in such a way as to prevent injury to other water users. Further, Applicant seeks approval of its right to use other sources of water that may be acceptable to the State Engineer as substitute supply water in accordance with Section 37-92-308, C.R.S. 1. 8. Historic use: Historic use of the water rights is stated above in paragraph 3. 9. Statement of plan for augmentation, covering all applicable matters under CRS 37-92-103(9), 302(1)(2) and 305(8). Give full details of plan, including a description of all water rights to be established or changed by the plan. The pumping of the wells listed above causes depletions to the South Platte River as set forth in Exhibit E. The purpose of the plan is to replace those depletions that are out of priority in time, location and amount so as to prevent injury to senior vested water rights. These depletions were determined by the water budget accounting procedure outlined below: A. The shareholders listed in paragraph 6 above reported crop types and number of acres irrigated from 1998-2002. Total Ogilvy Ditch Diversion from all sources from all sources from 1969 through 2002 were determined and are attached as Exhibit F. The ditch loss from the Ogilvy Canal was

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assumed to be 15 percent. Applicant’s engineer estimated the average monthly stream depletions from the wells listed in paragraph 6 as follows:

Month Jan.

Feb.

March

April

May

June

July Aug. Sept.

Oct. Nov.

Dec.

Acre Feet 1.9 1.5 1.3 0.5 3.2 4.5 1.4 5.4 3.3 3.5 3.2 2.3 B. The total irrigation water requirement for the lands irrigated was determined on a monthly basis using the modified Blaney-Criddle method. C. The total surface water supply delivered to farm are determined based upon ditch diversion records, and the owners’ pro-rata interest in the Ogilvy Land and Irrigation Company. D. A water budget was simulated for each farm including surface water deliveries to the farm and soil moisture storage. E. A farm efficiency of 65 percent for flood irrigation practices and 80 percent for sprinkler irrigation practices was used in the water budget simulation. F. The consumptive use of groundwater was calculated for each well as the difference between the total irrigation requirement and the portion of the total requirement satisfied by surface water supplies. G. The lagged effects of groundwater consumption is estimated using the Stream Depletion Factor (SDF) methodology developed by the U.S.G.S. H. Out-of-priority depletions to the South Platte River will be replaced at the appropriate times and places. I. The monthly alluvial depletions for the wells are lagged to the South Platte River using the SDF, or Stream Depletion Factor, method. It is assumed that all of the wells have a surface return flows, and that they equal 40% of such wells’ return flow component. Surface returns are assumed to return to the South Platte River within one month of pumping, while deep percolation flow return times will be estimated using SDF’s.

Applicant’s engineer has estimated the wintertime depletions (Nov. – March) that have occurred from the pumping of the wells in 2002. Applicant is in the process, in coordination with the Division 1 Engineer, of replacing these depletions, and intends to do so using fully consumable water owned by the City of Longmont (to which one of Applicant’s shareholders has a contractual right) as the source of water to replace said depletions. (See Exhibit G for said contract). Augmentation water may be obtained by the use of recharge sites. Applicant has identified two sites on property of its shareholders which it intends to develop as recharge sites: (1) the NE ¼ of Section 11, Township 5 North, Range 64 West of the 6th P.M. and (2) SW ¼ and the W ½ of the NW ¼ of Section 12, Township 5 North, Range 64 West of the 6th P.M. Water will be placed into these sites, or other later identified sites, by injection or other acceptable method whereby the location of recharge and the amount of recharged water can be determined. A determination will be made, using SDF factors, as to when such recharged water reaches the South Platte River and thus is available for augmentation, to include the amounts of such water available, the location of availability, and the time of availability. Applicant will make replacements of materially injurious out-of-priority depletions caused by pumping of the wells under the plan at times when the actual injury is occurring, using for augmentation water the sources identified herein and approved by this Court either separately or in combination. Applicant will provide appropriate accounting as to the operation of this plan for augmentation as required by the Division Engineer. Applicant reserves the right to operate under the Amended Rules and Regulations proposed by the State Engineer for the regulation of well pumping in the South Platte Basin, which are the subject of court review in Case No. 02CW108, if such rules are approved, until a decree in this matter has been issued. 10. Name(s) and address(es) of owner(s) of the land on which structures is or will be located, upon which water is or will be stored, or

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upon which water is or will be placed to beneficial use. The Greeley Canal No. 2 is owned by the New Cache La Poudre Irrigating Company, c/o Don Magnuson, 33040 Railroad Avenue, Lucerne, CO 80646. All structures are owned by the Ogilvy Land and Irrigation Company and/or the shareholders of this company. It is impractical to list them all. PLEASE NOTE ***THE FOLLOWING CASE NUMBERS 2003CW151 THROUGH 2003CW169 ARE OUT OF SEQUENCE AND WILL BE IN THE APRIL 2003 RESUME. CASE NUMBERS 2003CW170 THROUGH 2003CW182 ARE MARCH 2003 APPLICATIONS AND ARE IN THE MARCH, 2003 RESUME AS FOLLOWS: 2003CW170 GEORGE GAJATE. Priscilla S. Fulmer, Bendelow Law Firm, P.C., 1100 Lincoln St., Ste. 1000. Denver, CO 80203. Application for Underground Water Rights, IN JEFFERSON COUNTY Gajate Well. Permit No. 13467-A, located in the SW1/4 NE1/4 Section 14, Township 6 South, Range 71 West, of the 6TH P.M.. at a point approximately 2220 feet from the North Section Line and 1420 feet from the East Section Line, Street address: 26655 Light Lane, Conifer, CO 80432. Source: Groundwater; Depth: Approximately 200 feet; Date of appropriation: November 9, 1962; Amount claimed: I5 gpm, Absolute; Permitted Use: Fire protection, ordinary household purposes inside a single family dwelling, the irrigation of not more than one acre of home gardens and lawns and the watering of domestic animals. (2 pages) 2003CW171 RICHARD L. AND MELONIE S. BRASIER AND EDMOND B. CABOT, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND NONTRIBUTARY SOURCES AND APPROVAL OF AUGMENTATION PLAN, IN THE NONTRIBUTARY LOWER DAWSON, DENVER ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, IN DOUGLAS COUNTY. 1. Name and address of Applicants:Richard and Melonie Brasier, 10698 E. Deerfield Road,,Franktown, CO 80116 and Edmund Cabot, 10564 E. Flintwood Ave., Franktown, CO 80116 (Carmen S. Hall, Petrock & Fendel, P.C., 700 17th Street, #1800, Denver, Colorado 80202 (303) 534-0702). 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The wells which will withdraw groundwater from the not nontributary Upper Dawson and nontributary Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers will be located at any location on approximately 212 acres of land located in the SE1/4 of Section 8 and the NE1/4 of Section 17, T8S, R65W of the 6th P.M., as more particularly described and shown on Attachment A hereto ("Subject Property"). 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Upper Dawson aquifer is not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. The groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers is nontributary groundwater as described in 37-90-103(10.5), C.R.S. 5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the subject amounts of groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicants will withdraw the subject groundwater through wells to be located at any location on the Subject Property. Applicants waive any 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. The estimated average annual amounts

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of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicants estimate the following annual amounts are representative of the aquifers underlying the Subject Property: Saturated Annual Aquifer Thickness Amount Upper Dawson 170 feet 72 acre-feet Lower Dawson 100 feet 42 acre-feet Denver 185 feet 67 acre-feet Arapahoe 260 feet 72 acre-feet Laramie-Fox Hills 200 feet 64 acre-feet The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants' and represents a claim to all groundwater underlying the Subject Property. Part of the Upper Dawson aquifer water will be reserved for use through exempt wells. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein, which may be located anywhere on the Subject Property, and any additional wells which may be completed in the future as Applicants' well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: Applicants will use all water withdrawn from the subject aquifers in a water system to be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, and fire protection uses. Said water will be produced for immediate application to said uses, both on and off the property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Description of plan for augmentation: A. Groundwater to be augmented: Part of the Upper Dawson aquifer groundwater requested herein as described in paragraph 5 above. B. Water rights to be used for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. C. Statement of plan for augmentation: Applicants will use the Upper Dawson water for inhouse, irrigation, and stockwatering use through individual wells on up to 21 residential lots on the Subject Property, which water will be withdrawn at rates of flow of 15 gpm. Applicants estimate that each well will be limited to an annual amount of 1 acre-foot per year for inhouse use (0.3 acre-feet), irrigation of approximately 1100 square-feet of lawn, garden, and trees (0.65 acre-feet), and stockwatering of 4 large domestic animals (0.05 acre-feet). Applicants reserve the right to revise these values without amending or republishing this application. Sewage treatment for inhouse use will be provided by a non-evaporative septic system. Consumptive use associated with in-house use will be approximately 10% of water used and it is estimated that approximately 10% of water used for irrigation will be returned to the stream system. Stockwatering uses will be considered to be 100% consumptively used. Before any other type of sewage treatment is proposed in the future, including incorporation of the lots into a central sewage collection and treatment system, Applicants, or successors and assigns, will amend this decree prior to such change and thereby provide notice of the proposed change to

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other water users by publication procedures required by then existing law. During pumping Applicants will replace actual depletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S. Applicants estimate that depletions may occur to the Cherry Creek stream system. Return flows from use of the subject water rights via that stream system will accrue to the South Platte River system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. After the entire amount decreed herein has been withdrawn or after pumping ceases, Applicants will demonstrate that any depletions which may occur to the stream systems are non-injurious and need not be replaced. However, if the Court finds that such depletions need to be replaced, Applicants will reserve an adequate amount of nontributary groundwater underlying the Subject Property to meet augmentation requirements. 10. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thickness, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. C. Applicants will withdraw parts of the not nontributary Upper Dawson aquifer groundwater requested herein under the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE, Applicants pray that this Court enter a Decree: 11. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 12. Specifically determining that: A. 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 with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicants' property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Upper Dawson aquifer is not nontributary and groundwater in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers is nontributary groundwater; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater and the plan for augmentation proposed herein; D. No findings of diligence are required to maintain these water rights.FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises. 2003CW172(86CW155, W-6656-72, 94CW222) 1. Name, address and telephone number of applicant: Evergreen Memorial Park c/o Ronald P. Lewis 26624 North Turkey Creek Road, Evergreen, Colorado 80439 (303) 674-7777 (Stephen T. Williamson, Esq. Matthew Machado, Esq., P.O. Box 850, 813 Main Street, Louisville, Colorado 80027 (303) 666-4060) APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE,IN JEFFERSON COUNTY 2. Description of water right for which diligence is claimed: A. Name of structure: Evergreen Memorial Park Lake No. 2, a/k/a Meadowview Reservoir B. Legal description: To be located in the NE 1/4 SW 1/4 and the NW 1/4 SE 1/4 of Section 26, Township

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5 South, Range 71 West of the 6th P.M., Jefferson County, Colorado, with the reservoir inlet located at a point 2,470 feet East and 3,520 feet South of the NW corner of said Section 26 and the reservoir outlet located at a point 3,000 feet East and 3,800 feet South of the NW corner of said Section 26. C. Source of water: springs, surface runoff and wells. D. Date of appropriation: June 15, 1972 E. Amount of water: 30 acre feet per year, CONDITIONAL. F. Use of water: Nonconsuming piscatorial, waterfowl, recreation use and the irrigation of 20 acres 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 of the 6th P.M., Jefferson County, Colorado. G. Prior diligence: This court last found diligence in the development of the subject structure in Case No. 94CW222, by decree dated March 31, 1997. 3. 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: During the diligence period, Meadowview Reservoir was deigned at a cost of $50,112 and was approved by the State Engineer on March 29, 2002. A contract for the construction of the dam was issued for $350,000 and construction began October, 2002. In addition, applicant has retained the services of Blatchley Associates, Inc. as consulting engineers. Said consultants have developed a plan for augmentation to augment Evergreen Memorial Park Lake No. 2. Applicant applied for said plan for augmentation in Case No. 94CW290, and said case is still pending before this Court. This Court held more than two weeks of hearings in that case since 1999. Applicant’s engineers hundreds of hours developing said plan for augmentation, modeling and working with objectors in 94CW290 since the decree in 94CW222 was entered. Applicant has also incurred attorneys fees with respect to development of this project and augmentation of the reservoir. 2003CW173 STATE OF COLORADO, ACTING BY AND THROUGH ITS BOARD OF LAND COMMISSIONERS, OWNER, AND RANGE METROPOLITAN DISTRICT, LESSEE, APPLICATION FOR CHANGE OF WATER RIGHTS, IN ARAPAHOE COUNTY. 1. Name, address, and telephone number of Applicants: Rangeview Metropolitan District (Lessee), 8451 Delaware, Thornton, CO 80261(303) 292-3456 and State of Colorado, Acting by and through its Board of Land Commissioners (Owner and Lessor), 1313 Sherman St., 6th Floor, Denver, CO 80203. The State Board of Land Commissioners (SBLC) is the Owner and Lessor of the water rights decreed in Consolidated Case Nos. 94CW191, 88CW253, 88CW254, and 87CW033, District Court, Water Division 1, on December 16, 2002, and the land on which the water rights are located. Rangeview Metropolitan District (Rangeview) is the Lessee of these water rights pursuant to the Amended and Restated Lease Agreement, Lease No. S-37280, by and between SBLC and Rangeview, dated on or around April 4, 1996. Please send all correspondence to:

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(Carmen S. Hall, Esq., Petrock & Fendel, P.C., 700 17th Street, #1800, Denver, Colorado 80202 (303) 534-3636). 2. Decreed name of structure for which change is sought: Coal Creek Diversion, as decreed in Consolidated Case Nos. 94CW191, 88CW253, 88CW254, and 87CW033, District Court, Water Division 1, on December 16, 2002.A. Legal Description and Amount: The diversion structure will be located in Coal Creek at a point located in the SE¼NW¼ of Section 36, T5S, R65W of the 6th P.M., at a point approximately 3,200 feet from the east section line and approximately 2,200 feet from the north section line of said Section as shown on Attachment A. Amount being changed: 450 gpm of total 150 cfs (conditional) decreed. B. Source: Coal Creek, tributary to the South Platte River. C. Appropriation Date: October 13, 1986. 3. Proposed change: Applicants are not requesting to enlarge, expand or increase the decreed quantity of water which may be applied to beneficial use, nor are they attempting to change the character, purpose or place of use of the subject water right. By this application, Applicants requests that 450 gpm of the Coal Creek Diversion water right be withdrawn through an alternate point of diversion. The alternate point of diversion will be an infiltration gallery located in the NE1/4NE1/4 of Section 33, T4S, R65W, at a point approximately 600 feet from the north and 1050 feet from the east section lines of said Section 33 as shown on Attachment A. WHEREFORE, Applicants pray that this Court enter a decree granting this application and for a finding that the change requested herein will not injuriously affect other owners or users of vested or conditional water rights, and for such other relief as it deems proper in the premises. 2003CW174 GREGG BOONE, APPLICATION FOR CHANGE OF WATER RIGHT, IN ELBERT COUNTY. 1. Name and telephone number of Applicant: Gregg Boone, P.O. Box 476, Castle Rock, CO 80104 (303) 688-7533 (Carmen S. Hall, Esq., Petrock & Fendel, P.C. 700 17th Street, #1800, Denver, Colorado 80202 (303) 534-3636). 2. Decree information for which change is sought: Up to eleven Upper Dawson aquifer wells as decreed pursuant to an augmentation plan in Case No. 99CW41 in District Court, Water Division 1. Said wells to be located on approximately 114 acres of land in the N1/2SW1/4 and the SE1/4SW1/4 of Section 3, T8S, R65W of the 6th P.M. as shown on Attachment A hereto. 3. Proposed change: In the original decree, an augmentation plan was approved to allow eleven not nontributary Upper Dawson aquifer wells to withdraw 0.796 acre-feet per year for 300 years for inhouse use (0.3 acre-feet), irrigation (0.396 acre-feet limited to irrigation of 6900 square-feet of home lawn and garden), and stockwatering (0.1 acre-feet limited to eight large domestic animals). By this application, Applicant requests that the terms of the augmentation plan in the original decree be revised to increase the inhouse use, and to decrease the irrigation and stockwatering uses. Specifically, each well will now require 0.5 acre-feet for inhouse use, 0.246 acre-feet for irrigation of 4300 square-feet of home lawn and garden, and 0.05 acre-feet for watering of four large domestic animals. Because the amount of water to be withdrawn will remain the same as in the original decree, and there will be more return flow returning to the Cherry Creek stream system through non-evaporative septic systems from the increased inhouse use, the terms and conditions of the augmentation plan will be more beneficial to the affected stream system than in the original decree. No other parties will be adversely affected by the granting of this change of water right. Other than changing the above described uses allowed in the plan for augmentation, no other parts of the original decree will be changed. WHEREFORE, Applicants pray that this

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Court enter a decree granting this application and for a finding that the change requested herein will not injuriously affect other owners or users of vested or conditional water rights, and for such other relief as it deems proper in the premises. 2003CW175 AURORA GUN CLUB, VERNON MONROE, KENNETH AND BULA HENDRICK, GARY AND PAMELA HARDING, AND FREDERICK AND ARLENE SEWARD, APPLICATION FOR UNDERGROUND WATER RIGHTS AND UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY UPPER AND LOWER ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DENVER AQUIFERS, IN ARAPAHOE COUNTY. 1. Names and Address of Applicants: Aurora Gun Club, 2220 Nome St., Aurora, CO 80010; Vernon Monroe, 24700 E. Alameda Ave.,Aurora, CO 80018; Kenneth and Bula Hendrick, 23900 E. Alameda Ave., Aurora, CO 80018; Gary and Pamela Harding, 24000 E. Alameda Ave., Aurora, CO 80018; Frederick and Arlene Seward, 23800 E. Alameda Ave., Aurora, CO 80018 (Carmen S. Hall, Esq., Petrock & Fendel, P.C., 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202 (303) 534-0702). 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: The property which is the subject of this application is a total of approximately 71 acres of land, generally located in parts of the NE1/4 of Section 13, T4S, R66W, and the N1/2N1/2 of Section 18, T4S, R65W of the 6th P.M., as more particularly described and shown on Attachment A hereto (Subject Property). Applicants will own a pro-rata interest in the total amount of groundwater requested herein underlying their respective land. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Upper and Lower Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in §37-90-103(10.5), C.R.S. The groundwater to be withdrawn from the Denver aquifer is not nontributary as described in 37-90-137(9)(c), C.R.S. 5. Underground water rights pursuant to Section 37-92-602(4), C.R.S.: There are existing wells located on the tracts which are located in the Denver aquifer which were previously permitted for exempt uses pursuant to Section 37-92-602, C.R.S. Applicants will adjudicate these wells pursuant to Section 37-92-602(4), C.R.S. The appropriation date for each well will be the date the permit was issued and the rate of flow for each well will not exceed 15 gpm for domestic uses. Said wells are located on the Subject Property and are the subjects of Well Permit Nos. 158007, 42926, 46126, 50801, and 166540. 6. 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 Denver 185 feet 23 acre-feet Upper Arapahoe 105 feet 13 acre-feet Lower Arapahoe 104 feet 13 acre-feet Laramie-Fox Hills 150 feet 16 acre-feet

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The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants and represents a claim to all not nontributary and nontributary groundwater underlying the Subject Property. 7. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater, 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). 8. Proposed Use: The water will be used, reused, successively used, and after use leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, fire protection, and augmentation purposes. 9. 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. 10. 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: 11. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 12. Specifically determining that: A. 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. FURTHER, Applicants pray that this Court grant such other relief as it deems proper in the premises. 2003CW176 BILLY AND IMOGENE MICHEL AND MILTON AND ERIKA HUNHOLZ, APPLICATION FOR UNDERGROUND WATER RIGHTS AND UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY UPPER AND LOWER ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DENVER AQUIFERS, IN ARAPAHOE COUNTY. 1. Names and Address of Applicants: Billy and Imogene Michel, 40200 E. Alameda Ave., Bennett, CO 80102 and Milton and Erika Hunholz, 30506 E. Yale Ave.,Watkins, CO 80137 (Carmen S. Hall, Esq., Petrock & Fendel, P.C., 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202 (303) 534-0702). 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: The property which is the subject of this application is a total of approximately 100 acres of land, being the W1/2SE1/4 and the E1/2SE1/4SW1/4 of Section 26, T4S, R65W of the 6th P.M., as shown on Attachment A hereto (Subject Property). Applicants will own a pro-rata interest in the total amount of groundwater requested herein underlying their respective land. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Upper and Lower Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in §37-90-103(10.5), C.R.S. The groundwater to be withdrawn from

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the Denver aquifer is not nontributary as described in 37-90-137(9)(c), C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicants estimate that the following annual amounts are representative of the aquifers underlying the Subject Property: Saturated Annual Aquifer Thickness Amount Denver 340 feet 58 acre-feet Upper Arapahoe 160 feet 27 acre-feet Lower Arapahoe 81 feet 14 acre-feet Laramie-Fox Hills 163 feet 24 acre-feet The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants and represents a claim to all not nontributary and nontributary groundwater underlying the Subject Property. Applicants will reserve part of the Denver aquifer water for use through exempt wells pursuant to Section 37-92-602, CRS. 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater, 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). 7. Proposed Use: The water will be used, reused, successively used, and after use leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, 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. FURTHER, Applicants pray that this Court grant such other relief as it deems proper in the premises. 2003-CW-177 South Platte Well Users Association, 21454 Weld County Road 33, LaSalle, CO 80645. 970-284-6495 c/o Kim R. Lawrence, LIND, LAWRENCE & OTTENHOFF, LLP, 1011 11th Avenue, Greeley, CO, 80631 (970)356-9160. APPLICATION FOR CHANGE OF WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION in WELD, LARIMER and ADAMS COUNTIES. PLAN FOR AUGMENTATION 2. Structures to Be Augmented: 233 wells as described in the following table, hereinafter “the wells.” The plan is

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intended to augment any replacement well or alternate point of diversion well authorized in connection with one of the listed wells.

Owner Permit No. Decree Qtr/Qtr SEC TNP RNG 1 Dinner, Albert & Melvin 11840 W3682 SW NW 14 65W 6N 2 Dinner, Albert 11828 W3686 NE SW 15 65W 6N 3 Dinner, Albert 11829 W3686 NE SW 15 65W 6N 4 Dinner, Albert J., et al 11826 W3685 NE NW 23 6W 6N 5 Dinner, Albert J., et al 11827 W3685 NE NW 23 65W 6N 6 Dinner, Albert & Melvin 11841 W3682 SW SW 14 65W 6N 7 Dinner, Albert & Melvin 11842 W3682 NW SW 14 65W 6N 8 Moser, John 1-10729-F W1395 SE NE 28 65W 3N 9 Moser, John 1-6600-F W2198 NW NE 27 65W 3N

10 Moser, John 2-3411-F W2198 NW 26 65W 3N 11 Moser, John 3410-F W1395 SW 4 65W 2N 12 Moser, John 3-3507-F W1395 NW NE 9 65W 3N 13 Palizzi & Son, Inc. 11984 W689 SW NE 18 66W 1N 14 Dunbar, Judy E. & Rachelle 1904 W479 SE SW 18 66W 1S 15 Dunbar, Judy E. & Rachelle 1903 W479 SE SW 18 66W 1S 16 Hamilton Hay Farms, LLP P10747E W1842 NE NW 25 65W 5N 17 Hamilton Hay Farms, LLP R11169E W1842 SW NW 25 65W 5N 18 Hamilton Hay Farms, LLP R1184F W1842 SW NW 25 65W 5N 19 Patriarch Development 1-10670 W-1106 SW 31 65W 5N 20 Mark, Edward 10366 W-2392 SE NW 35 65W 4N 21 Palombo, Pete F. & Mary J. 4-1614 W367 NE NW 23 67W 3N 22 Palombo, Pete F. & Mary J. 2-1612 W367 SW NW 23 67W 3N 23 Fonseca, Ronald & Michele 12641 81CW45 SE SE 26 65W 1N 24 Frank, James Alan 14041 W2082 SE NE 25 67W 4N 25 Frank, James Alan 14042 W2082 SE NE 25 67W 4N 26 Schmidt, Clarence 13273 W475 SW NE 18 65W 4N 27 Weld School Dist. RE1 Non Reg W1010 SW SE 31 65W 5N 28 Weld School Dist. RE1 Non Reg W1010 SW NW 19 66W 3N 29 Weld School Dist. RE1 34480 W1010 SE NE 28 66W 4N 30 Weld School Dist. RE1 Non Reg W1010 NW SW 19 66W 3N 31 Weld School Dist. RE1 Non Reg W1010 SE NE 28 66W 4N 32 Ritchey Land & Cattle Co. R-14373 W-4042 NE SW 27 65W 3N 33 Ritchey Land & Cattle Co. P-05179-F W-402 NW NW 27 65W 3N 34 Ritchey Land & Cattle Co. 3-14641 W-1553 SE NE 29 60W 4N 35 Ritchey Land & Cattle Co. 29509 W-1553 SW NE 29 60W 4N 36 Ritchey Land & Cattle Co. 46732 W-1553 SE SE 31 60W 4N 37 Ritchey Land & Cattle Co. 5875R W5789 S1/2 NW 19 66W 15 38 Ritchey Land & Cattle Co. 5873-R W5789 S1/2 NW 19 66W 15 39 Ritchey Land & Cattle Co. 5874-R W5789 SW NW 19 66W 15 40 Ritchey Land & Cattle Co. 5952 W5789 SW NW 19 66W 15 41 Ritchey Land & Cattle Co. 5951 W5789 SW NW 19 66W 15 42 Ritchey Land & Cattle Co. 19510 W1553 SE SE 29 60W 4N 43 Metherd, Chris 12903RF W4253 SW SW 35 60W 4N 44 Sakata Farms 15274 W2207 NW NW 20 65W 1N 45 Sakata Farms 15275 W2207 NW NW 20 65W 1N 46 Strombo, John Moser 1-13250-R W1162 SW NW 21 65W 5N 47 Dechant Farms/Alvin Dechant 11724F W2356 NE SW 36 65W 3N 48 Dechant Farms/Alvin Dechant 11186F W4716 NE SE 36 65W 3N 49 Dechant Farms/Alvin Dechant 11185F W4716 SW NE 36 65W 3N 50 Peppler, Leonard & Irene 1-0789 W6172 NW NE 22 66W 4N

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51 Bechtholdt, Betty P13388 W768 SE NE 35 67W 7N 52 Bechtholdt, Betty P12843 W768 NE SE 35 67W 7N 53 Hoshiko Farms, Inc. 5923 W4270 NW NE 23 65W 5N 54 Hoshiko Farms, Inc. 13086F W785 SW SW 23 65W 5N 55 Franklin, William 13151 W2828 SW SE 28 65W 5N 56 Alles, Herman 16094 W924 SW NW 26 65W 5N

Owner Permit No. Decree Qtr/Qtr SEC TNP RNG 57 Western Equipment 38715 W1606 NW NW 24 65W 5N 58 Mad-Tat, Inc./Mike Boulter 10725 W2398 SE SW 34 65W 5N 59 Mad-Tat, Inc./Mike Boulter 10726 W2398 SW SW 34 65W 5N 60 Mad-Tat, Inc./Mike Boulter 264 W664 SW NE 34 65W 5N 61 Boulter, Mike 1763 W172 SW SW 27 65W 5N 62 Boulter, Mike 1764 W172 SW SW 27 65W 5N 63 Alles, John L. 10395 W562 SW NE 52 65W 5N 64 Alles, John L. RF323 W561 NW NW 33 65W 5N 65 Alles, Martha/James G. Alles, POA 1033 W562 NW NE 33 65W 5N 66 Alles, Martha/James G. Alles, POA 1034 W562 SW NW 33 65W 5N 67 Alles, Martha/James G. Alles, POA 12801 W562 SW NE 33 65W 5N 68 Hoff, LeRoy 13033R W4270 N1/2 NE 27 65W 5N 69 Mokray, Stephen E. 04131F W315 NW NW 27 65W 5N 70 Moran, Howard & Teresa Non Reg W156 NE NW 27 65W 5N 71 Maxey, George R4458 W4323 NW SE 24 65W 5N 72 Maxey, George 7227 W1486 SW NW 24 65W 5N 73 Ream, Janet L. 8641 W640 SW SE 14 65W 5N 74 Dumler, Bill L. 12196 W2052 SW SE 27 65W 5N 75 Badley, Glenn & Becky 12216F A-02-284-0 SE SW 23 65W 5N 76 Dickens, Lyle & Sandra, Karns, Mark 5846F W180 SW NE 32 65W 5N 77 Schissler, Gary A. 14476F W756 NE NE 4 65W 4N 78 Knaub, Oliver & Clara R-53 W696 NW NE 5 65W 4N 79 West Colorado Square R12197 W4592 SE NE 26 65W 5N 80 Keiser, G.A. 13981 W1778 N1/2 SW 33 65W 5N 81 Sauer, Raymond 13910 W1603 SW SW 33 65W 5N 82 Johnson, LeRoy 203 W2712 NE NW 25 65W 5N 83 Alles, Gary 7196 W459 N1/2 SE 23 65W 5N 84 Alles, Gary 7226 W1486 S1/2 NE 23 65W 5N 85 Alles, Gary 11062 W640 NE SE 22 65W 5N 86 EJK Resources, LLP 10231 W2047 SW SE 18 65W 4N 87 Kinsman, Steve & Joanne 10768 W2047 NE SW 18 65W 4N 88 Owens, Tomm 10222 W3510 SW SE 17 66W 4N 89 Owens, Tomm 10223 W3510 SW SE 17 66W 4N 90 Eaton Cattle Company 19924-8 W2268 SE SW 19 66W 4N 91 Eaton Cattle Company 8797 W2268 SW NE 19 66W 4N 92 Eaton Cattle Company 8798 W2268 SW NE 19 66W 4N 93 Eaton Cattle Company 8818 W2268 NW NE 19 66W 4N 94 Eaton Cattle Company 4460 W2268 SE SE 15 66W 4N 95 Baier, John H. & Vickie L. 14049 W2082 NE NE 25 67W 4N 96 Baier, John H. & Vickie L. 14041 W2082 SW NE 25 67W 4N 97 Garcia, Arthur P. 14040-R W280 SE NW 25 67W 4N 98 Jepsen, Carl A. & John C. 11465 W883 NE SE 13 66W 4N 99 WETCO Farms, Inc. 11898 W4209 SW SE 4 66W 4N

100 WETCO Farms, Inc. 11899 W4209 SW SE 4 66W 4N 101 WETCO Farms, Inc. 11900 W4209 SW SE 4 66W 4N 102 WETCO Farms, Inc. 11901 W4209 NE SE 4 66W 4N

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103 WETCO Farms, Inc. 11902 W4209 SW SE 4 66W 4N 104 Western Equipment & Truck 11909 W2822 SE SE 11 66W 4N 105 Western Equipment & Truck 11910 W2822 SE SW 11 66W 4N 106 Western Equipment & Truck 11912 W2822 SW SW 11 66W 4N 107 Western Equipment & Truck 634 W2822 SE NW 11 66W 4N 108 Western Equipment & Truck 11908 W2822 SE SW 11 66W 4N 109 Western Equipment & Truck 633 W2822 NW NW 11 66W 4N 110 McWilliams, Bette B. 5819R-20 W2404 SW SW 15 66W 4N 111 McWilliams, Bette B. 4443-F W2404 NW SW 15 66W 4N

Owner Permit No. Decree Qtr/Qtr SEC TNP RNG 112 Buderus, Robert L. & Alice G. Non Reg W2404 SW SW 15 66W 4N 113 Buderus, Robert L. & Alice G. 4443-F W2404 SW SW 15 66W 4N 114 Wojahn, Tim & Debbie 14926 W880 SE NW 13 66W 4N 115 Sharkey, Tom Non Reg W5473 NW NE 2 67W 3N 116 Sharkey, Tom 14044 W5473 SW SE 2 67W 3N 117 Sharkey, Tom 14050 W5473 SW SE 26 67W 4N 118 Sharkey, Tom 14045 W5473 NW SE 2 67W 3N 119 Sharkey, Tom 14039 W5473 NE SE 35 67W 4N 120 Sharkey, Tom 044472F 94CW158 NW NE 35 67W 4N 121 Sharkey, Tom 14047 W5473 SW SE 2 67W 3N 122 Sharkey, Tom 14046 W5473 SW SE 35 67W 4N 123 Goodner, Emma 3304540 W-652 NE SW 6 65W 4N 124 LaSalle, Town of 15286 W2439 NW NE 6 65W 4N 125 LaSalle, Town of 3673 W2439 NE SE 6 65W 4N 126 LaSalle, Town of 15287 W2439 NW NE 6 65W 4N 127 LaSalle, Town of 15288 W2439 NW SE 6 65W 4N 128 LaSalle, Town of 12019-F W2439 SE SW 6 65W 4N 129 Gunzner Investment Co. 15458 W2490 SE SW 13 67W 3N 130 Gunzner Investment Co. 15460-R W2490 NE SW 13 67W 3N 131 Gunzner Investment Co. 15457 W2490 SE SW 13 67W 3N 132 Gunzner Investment Co. 15458-RF W2490 SE SW 13 67W 3N 133 Gunzner Investment Co. 15459 W2490 SE SW 13 67W 3N 134 Odenbaugh, Shirley E. 1-11649 W547 SW NW 12 67W 3N 135 Gurley, Gordon c/o Isabell Vargo, AIF 1-RF-163 W964 SE NW 31 66W 4N 136 Gurley, Gordon c/o Isabell Vargo, AIF 2-10683 W964 SW SW 31 66W 4N 137 Gutfelder, Ben 11113 W1582 NE NW 30 66W 4N 138 Gutfelder, Ben 11114 W1582 NE NW 30 66W 4N 139 Martindale, John & Delores 20032 W218 SE SE 36 67W 4N 140 Martindale, John & Delores 20032 W218 SE NE 36 67W 4N 141 Wilkins, J.R & Mary Edith 49496F W1805 SW SW 32 66W 4N 142 Wilkins, J.R & Mary Edith 49495F W1805 SW SW 32 66W 4N 143 Wilkins, J.R & Mary Edith 49494F W1805 NE SW 32 66W 4N 144 Frank, Viola 932 W2296 SE NW 32 66W 4N 145 Frank, Viola 933 W2296 SE NW 32 66W 4N 146 Frank, Viola 934 W2296 SE NE 32 66W 4N 147 WETCO Farms, Inc. 11684 W2335 SE SW 20 66W 4N 148 WETCO Farms, Inc. 11685 W2335 SE SW 20 66W 4N 149 WETCO Farms, Inc. 11686 W2335 SW SW 20 66W 4N 150 Western Equipment & Truck 19957 W2297 NE NW 28 66W 4N 151 Chacon, Paul 11924 W925 SE NE 28 66W 4N 152 Chacon, Paul 14968 W1996 NW SW 28 66W 4N 153 Ptasnik, Mark/Scottdale Ranches 14043 W5473 NE NE 35 67W 4N 154 Ptasnik, Mark/Scottdale Ranches 4209F W5473 SE NE 35 67W 4N

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155 McClothlin, Margaret/Platteville Farm 2-5649-F W4101 SE SW 6 66W 3N 156 McClothlin, Margaret/Platteville Farm 1-12673 W4101 SE SW 6 66W 3N 157 McClothlin, Margaret/Platteville Farm 3-12674 W4101 SE NW 6 66W 3N 158 McClothlin, Margaret/Platteville Farm 4-12675 W4101 SW NW 6 66W 3N 159 Ruggles, Patsy 26861 W2206 SE SW 30 66W 4N 160 Ruggles, Patsy 26860 W2206 SE SW 30 66W 4N 161 Ruggles, Patsy 26862 W2206 SW SW 30 66W 4N 162 Odenbaugh, Percy 11647 W483 SW NE 12 67W 3N

Owner Permit No. Decree Qtr/Qtr SEC TNP RNG 163 Odenbaugh, Percy 11648 W483 SW NE 12 67W 3N 164 Boney/Boney MacGilivray, LLC 12681 W1531 SE NE 29 66W 4N 165 Meining, Don & Mary Jane 13659 W1802 SW NE 30 66W 4N 166 Meining, Don & Mary Jane 13660 W1802 SE NE 30 66W 4N 167 Meining Cattle Company 15356 W769 SW SE 30 66W 4N 168 Meining Cattle Company 19359 W769 SW SE 30 66W 4N 169 Garst Seed Company 2834F W872 NE NW 12 66W 4N 170 Garst Seed Company 2835F W872 NE NW 12 66W 4N 171 Blake Farm - Don Davis 1-11312 W3038 W1/2 SW 12 66W 4N 172 Blake Farm - Don Davis 2-11761 W3038 W1/2 SW 12 66W 4N 173 Hale, W. Curtis 10001 W-4190 SW NE 13 67W 3N 174 Bruce Sandau May-23 W5531 SE SW 25 66W 4N 175 Hunt, David W. 667 W6324 SE NW 33 66W 4N 176 Hunt, David W. 668 W5324 SE NW 33 66W 4N 177 Cecil Investments 217 W1826 SW SW 26 66W 4N 178 Cecil Investments 218 W1826 SW NW 26 66W 4N 179 Cecil Investments 219 W1826 W NW 26 66W 4N 180 Cecil Investments 221 W1826 NE NE 26 66W 4N 181 Martinson, Myron G. 8545 W3673 SE SW 24 66W 4N 182 Martinson, Myron G. 04390-F W3673 NE SW 24 66W 4N 183 Martinson, Myron G. 6861-F W3673 SE SW 24 66W 4N 184 Webber, Clifford & Lorene 19927RF W590 SE NW 3 66W 3N 185 Schmidt, Elmer W. Jr. 8670 W3761 SE SE 23 66W 4N 186 Schmidt, Elmer W. Jr. 6145 W3761 SW SE 23 66W 4N 187 Elmer Schmidt Farm Trust 6789-F W595 NE NW 30 65W 4N 188 Elmer Schmidt Farm Trust 5423F W595 NE NW 30 65W 4N 189 Schmidt, Clarence 04125F W3156 NE SE 19 65W 4N 190 Schmidt, Clarence 16157 W1949 NE SE 7 65W 4N 191 Schmidt, Clarence 16156 W1949 NW SE 7 65W 4N 192 Hendrickson, Gary 1-5618-F W4716 NW SE 7 66W 3N 193 Hendrickson, Gary 2-6101-F W4716 SW SE 7 66W 3N 194 Hendrickson, Gary 3-9437-F W4716 SW SE 7 66W 3N 195 Hendrickson, Gary 4-5640-F W4716 SW SE 7 66W 3N 196 Hendrickson, Gary 5-9505-F W4716 NW SE 7 66W 3N 197 Hendrickson, Gary 6-14481 W4716 NW SE 7 66W 3N 198 Millner, K 4416 W540 SW SE 6 66W 2N 199 Herman/Kuntzman 262 W386 N1/2 NW 8 66W 2N 200 Miller, O. R6328 W522 SE SW 31 66W 3N 201 Herman, A. 19943 W356 NW NW 8 68W 2N 202 Herman, G. 1450 W876 SW SE 31 66W 3N 203 Herman, G. 15117 W876 SE SE 31 66W 3N 204 Pierson, Jack E. 04121F W644 SE NW 34 66W 4N 205 Cole, Albert & Mary R12190 W541 SE NW 10 65W 4N 206 Walker Farms (Harold & Kevin) 1-11690 W-2172 N 1/2 NE 9 65W 4N 207 M.J. Farms, Inc. 12561 W-1040 SE NW 7 66W 3N

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208 M.J. Farms, Inc. 12562 W-1040 SW NW 7 66W 3N 209 M.J. Farms, Inc. 12563 W-1040 SW NW 7 66W 3N 210 Tucker Dairy R9127 W1607 NE NW 29 65W 8N 211 Tucker Dairy R13065 W1607 NE NW 29 65W 8N 212 Tucker Dairy P9126 W1607 NE NW 29 65W 8N 213 Huang, Walter 229447 98CW477 SE NW 25 69W 8N 214 Baumgartner, Robert 6291 W2518 NW NW 30 66W 1N 215 Kelly, Jeff 13120 W1288 NW NW 30 66W 15 216 Greeley CO Crop 7068 W3949 SW SE 19 64W 3N 217 Greeley CO Crop 7065 W3949 SE SE 19 64W 3N 218 Greeley CO Crop 7070 W3949 SE NE 17 64W 3N

Owner Permit No. Decree Qtr/Qtr SEC TNP RNG 219 Greeley CO Crop 7061 W3949 SW SW 17 64W 3N 220 Greeley CO Crop 7062 W3949 SE SW 17 64W 3N 221 Greeley CO Crop 7064 W3949 SE NW 17 64W 3N 222 Greeley CO Crop 7066 W3949 SW NE 17 64W 3N 223 Greeley CO Crop 6571 W3949 SW SW 8 64W 3N 224 Greeley CO Crop 6570 W3949 SE SW 8 64W 3N 225 Greeley CO Crop 6573 W3949 SE SW 8 64W 3N 226 Greeley CO Crop 6572 W3949 SW SE 8 64W 3N 227 Greeley CO Crop RF161 W3949 SW NE 8 64W 3N 228 Greeley CO Crop R102 W3949 SW NE 8 64W 3N 229 Greeley CO Crop 6202F W3949 SE NE 8 64W 3N 230 A & W / Don Wright 03250F W1598 NE SW 1 67W 1N 231 A & W / Don Wright Domestic 81-CW-192 NW NW 32 66W 2N 232 M.J. Farms, Inc. 1613 W1817 SE SW 7 66W 3N 233 M.J. Farms, Inc. 1611RF696 W1817 SW SW 7 66W 3N

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3. Water Rights to be Used for Augmentation: 3.1. The water rights to be changed and described in ¶6-¶16. 3.2 The Farmers Independent Ditch Company and Western Mutual Ditch Company filed an application for recharge and storage in Case m 02CW196. The Platte Valley Irrigation Company filed an application for recharge and storage in Case m 02CW236. Other ditch companies in which these applicants own shares are filing applications for water rights to assist in augmentation of wells. To the extent Applicant’s members own shares in such companies they will apply their proportionate augmentation credits to their wells in this plan. 3.3 Applicant’s members are investigating the availability of non-tributary and not non-tributary sources which they may be entitled to appropriate and if available may use such waters. 3.4 Applicant seeks approval to add other water rights owned by it’s members or that Applicant or it’s members acquire by transfer, 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 be available for augmentation purposes. If the Water Court has quantified the historic 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 historic use should be used. 3.5. Augmentation wells will be used to replace out of priority depletions. These wells are existing wells for which a new appropriation as an augmentation well has been made in Case m 03CW99 or Applicant may seek the right to add other augmentation wells. 4. Plan for Augmentation: 4.1. Diversions from the wells listed in ¶2 cause depletions to the South Platte River and it’s tributaries. 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 vested water rights. 4.2 Method for Determination of Well Depletions. 4.2.1 The historic consumptive use for each parcel is estimated for the period 1974 – 2002 and future years are added. This history is necessary to determine the long term resulting depletion attributed to the wells after consideration of alluvial lagging effects. The modified Blaney-Criddle crop evapotranspiration method is used to estimate monthly crop potential consumptive use for the crops historically grown over the period. These crops include predominantly corn, alfalfa, beets, vegetables, dry beans, wheat and irrigated pasture. The consumptive use model is a water budget that includes surface water inputs, effective precipitation and soil moisture storage. A monthly water budget is simulated for each parcel for every month of the applicable period. This budget includes the distinction between flood and sprinkler acres. After credit of any applicable surface water sources, effective precipitation and soil moisture the model estimates the amount of alluvial water to fulfill the net crop water irrigation requirement not met by the surface water supplies. 4.2.2. Many of the parcels have surface water rights that irrigate the parcel with the well serving as a supplemental supply. The surface rights are principally from the Farmers Independent Ditch Company, Fulton Irrigation Company, Platte Valley Irrigation Company, Union Ditch Company and Western Mutual Ditch Company. Small numbers of shares from the following entities are used on some of the parcels: Beeman Ditch & Milling Company, Farmers Reservoir and Irrigation Company, Barr and Milton Divisions, Fossil Creek Reservoir, Greeley Irrigation Company, Godfrey Ditch Company (Section #3 Ditch), Henrylyn Irrigation District, Larimer & Weld Irrigation Company, New Cache La Poudre Irrigating

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Company, New Cache La Poudre Reservoir Company, Owl Creek Supply & Irrigation Company and Windsor Reservoir. The budget includes the application of surface supplies assuming a 65 percent field application efficiency for flood irrigation and an 80 percent field application efficiency for pivot and sprinkler irrigation. It is assumed that each system has a ditch conveyance loss ranging from 15-30%. 4.2.3 The on-site monthly alluvial depletions for the alluvial wells, are lagged to the South Platte River using the SDF method. It is assumed that the alluvial surface water component is 40 percent of the total alluvial return flow component, leaving 60 percent as deep percolation for all farms that are located 120 days or less from the South Platte River. The alluvial surface water component is assumed to return directly to the South Platte River within the same month the alluvial water was pumped from the well. The remaining deep percolation component attributed to the irrigation wells was lagged back to the South Platte River using the farm SDF value. For all other farms located greater then 120 days from the South Platte River, it was assumed that the entire deep percolation from well pumping returns to the river system via subsurface flows. The description of this method is to provide notice as required by law, and does not state all the calculations or assumptions made. The actual method finally approved by the Water Court may vary from this proposal. 4.2.4. Using the above described method, and given the data and information currently available, monthly river depletions for 2003, in acre feet, for the wells are estimated as follows:

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total

-613.63 -521.83 -537.43 -494.33 -516.43 -594.03 -809.93 -1001.83 -1069.33 -1075.93 -900.23 -822.63 -8957.51 These estimates are not fixed but will vary year to year and change based on changes in annual and monthly data, based on changed assumptions and methodology during the pendency of this application. 4.3. Replacement of Out of Priority Depletions. Applicants will make replacement of out-of-priority depletions from the sources identified in ¶3. 4.4. Accounting and Reporting. Applicants will make an accounting of their augmentation plan and make reports to the Division Engineer. 5. Applicants reserve the right to operate pursuant to §37-92-308 C.R.S. to the extent it or related statutes may be amended. Applicants reserve the right to operate pursuant to the 2002 Amended Rules and Regulations, Case m 02CW108, or terms contained therein, until a decree is entered in this case, to the extent such Rules are approved by the Water Court or are otherwise legally effective. Applicants may also be included in a new subdistrict of the Central Colorado Water Conservancy District in which case the wells and replacement sources herein would be incorporated into or added to any augmentation plan filed and operated by the new subdistrict. CHANGE OF WATER RIGHTS 6. Decreed Name of Structure: Beeman Ditch & Milling Company (2 shares) 6.1. Decrees: The Beeman owns 12/90ths of the priorities of the Meadow Island Ditch Company m 2 which were decreed in Case m

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6009 in District Court, County of Arapahoe, State of Colorado, on 4/28/1883 with appropriation dates of 5/3/1866 for 57.83 c.f.s. and 4/10/1876 for 8.33 c.f.s. from the South Platte River. The decreed use is for irrigation. The headgate location is on the west bank of the South Platte River in the SE¼ NW¼ Section 1,Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado. 6.2 Historic Use: The 2 shares of the ditch have and are used to irrigate 155 acres. 7. Decreed Name of Structure: Farmers Independent Ditch (225.32 shares) 7.1 Decrees: The ditch was decreed in Case m 6009 in District Court, County of Arapahoe, State of Colorado, on 4/28/1883 with appropriation dates of 11/20/1865 for 61.65 c.f.s. and 11/20/1876 for 85.4 c.f.s. from the South Platte River. The decreed use is for irrigation. The headgate location is Section 19,Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado. 7.2 Historic Use: The 225.32 shares of the ditch have and are used to irrigate 1889.1 acres. 8. Decreed Name of Structure: Fossil Creek Reservoir (1 share). 8.1 Decrees: The reservoir was decreed in Civil Action m 11217 in the District Court, State of Colorado, on September 10, 1953 and in Civil Action m 2031 on April 22, 1922 with appropriation dates of 3/5/1901 for 12,052 a.f. and 6/1/1904 for 1,545 a.f. from the Cache La Poudre River. The decreed use is for irrigation, commercial, municipal, industrial and domestic. The reservoir is located on the Cache La Poudre River in the SW¼ SE¼ SW¼, Section 10, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado. 8.2. Historic Use: The share of the reservoir has and is used to irrigate 132 acres. 9. Decreed Name of Structure: Fulton Ditch (223.3 shares). 9.1. Decrees: The Fulton Irrigation Ditch was decreed in Case m 6009 in the Arapahoe County District Court, Arapahoe County, State of Colorado, on April 28, 1883 with appropriation dates of May 1, 1865 for 79.7 c.f.s.; July 8, 1876 for 74.25 c.f.s; November 5, 1879 for 50.23 c.f.s.; November 1, 1882 for 244.62 c.f.s. (abandoned in Case m A-16069, Denver District Court, 1938); from the South Platte River. The decreed use is for irrigation. The decreed headgate location is near Section 9, between Sections 16 and 17 in Township 2 South, Range 67 West of the 6th P.M., Adams County, Colorado. The actual headgate location is in the NE¼ NE¼ SE¼ of Section 17, Township 2 South, Range 67 West of the 6th P.M., Adams County, Colorado. 9.2. Historic Use: The 223.3 shares of the ditch have and are used to irrigate 280 acres. 10. Decreed Name of Structure: Godfrey Ditch Company (Section m 3 Ditch) (2 shares) 10.1 Decrees: The ditch was decreed in Case m 6009 in District Court, County of Arapahoe, State of Colorado, on 4/28/1883 with appropriation dates of 3/10/1870 for 26.88 c.f.s. and 3/15/1873 for 30.83 c.f.s. from the South Platte River. The decreed use is for irrigation. The headgate location is in the SE¼, Section 4,Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. 10.2. Historic Use: The 2 shares of the ditch have and are used to irrigate 20 acres. 11. Decreed Name of Structure: Greeley Irrigation Company (3 shares) 11.1 Decrees: A

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decree was entered in Civil Action m 320 in the District Court, County of Larimer, State of Colorado on April 11, 1882. The headgate of Canal m 3 is located on the south side of the Cache La Poudre River in the Northeast Quarter of the Northwest Quarter of the Southeast Quarter of Section 32, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado at a point 1900 feet West and 2200 feet North of the southeast corner of said Section 32. The source of water is the Cache La Poudre River. The decreed use is for irrigation and domestic with the following appropriation dates and amounts: Priority No. Appropriation Date Decreed Amount 35 04/01/1870 52.0 cfs 46 10/01/1871 41.0 cfs 50 07/15/1872 63.13 cfs 58 05/15/1873 16.67 cfs Canal m 3 and the above water rights are jointly owned, with 5/8ths interest belonging to Greeley Irrigation Company and 3/8ths interest belonging to the City of Greeley. Greeley Irrigation Company also owns 60 preferred rights in Fossil Creek Reservoir. The historic consumptive use of Greeley m 3 shares was determined on the based of a ditch wide analysis decreed in Case No. 96-CW-658, Water Division m 1. 11.2 Historic Use: The 3 shares of the ditch have and are used to irrigate 40 acres. 12. Decreed Name of Structure: Milton Reservoir (41 shares). 12.1 Decrees: The reservoir was decreed in Civil Action m 54658 in the District Court, State of Colorado, on August 2, 1918 with an appropriation date of 5/29/1909 for 26,773 a.f. from the South Platte River. The decreed use is for irrigation. The reservoir is located on the in the SW¼ NW¼ NW¼, Section 11, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 12.2. Historic Use: The shares of the reservoir have and are used to irrigate 658 acres. 13. Decreed Name of Structure: New Cache La Poudre Irrigation Canal a/k/a Cache La Poudre Irrigating Company's Ditch a/k/a the Greeley m 2 and New Cache La Poudre Reservoir Company (16 ditch shares, 26 reservoir shares). 13.1 Decrees: The ditch and reservoir were decreed in Civil Action m 320 in the District Court, County of Larimer, State of Colorado, on April 11, 1882 and in Case m W-8059 in the Water Court, Water Division m 1 on June 13, 1977 with appropriation dates of 10/25/1870 for 110.00 c.f.s.; 09/15/1871 for 170.00 c.f.s.; 11/10/1874 for 184.00 c.f.s.; 09/15/1877 for 120.00 c.f.s.; 05/27/1974 for 65.00 c.f.s. from the Cache La Poudre River. The decreed use is for irrigation and domestic. The headgate location is on the North bank of the Cache La Poudre River in the Southeast Quarter of the Northeast Quarter of Section 11, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado. 13.2 Historic Use: The shares of the ditch and

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reservoir have and are used to irrigate 264.7 acres. 14. Decreed Name of Structure: Platte Valley Ditch/Evans m 2 (61.57 shares) 14.1 Decrees: The ditch was decreed in Case m 6009 in the District Court, County of Arapahoe, State of Colorado on 4/28/1883 with an appropriation date of 10/5/1871 for 177.07 c.f.s. and decreed Case m 54658 on 11/12/1924 with an appropriation date of 6/9/1909 for 215.95 c.f.s. all from the South Platte River. The decreed use is for irrigation. The headgate location is in the NE¼ NW¼ SE¼ of Section Nineteen (19), Township Two (2) North, Range Sixty-six (66) West of the 6th P.M., Weld County, Colorado on the east bank of the South Platte River. 14.2 Historic Use: The 61.57 shares of the ditch have and are used to irrigate 2550.3 acres. 15. Decreed Name of Structure: Union Ditch (133.5 shares) 15.1 Decrees: The ditch was decreed in Case m 6009 in the District Court, County of Arapahoe, State of Colorado on 4/28/1883 with appropriation dates of 11/5/1874 for 100.00 c.f.s. and 11/21/1881 for 84.03 c.f.s. and decreed Case m 45608 on 4/28/1883 with an appropriation date of 9/26/1873 for 4.0 c.f.s. all from the South Platte River. The decreed use is for irrigation. The headgate location is in Section 18,Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. 15.2 Historic Use: The 133.5 shares of the ditch have and are used to irrigate 1958.2 acres. 16. Decreed Name of Structure: Western Mutual Ditch (Hewes & Cook) (151 shares) 16.1 Decrees: The ditch was decreed in Case m 6009 in the District Court, County of Arapahoe, State of Colorado on 4/28/1883 with appropriation dates of 5/5/1866 for 27.45 c.f.s. and 8/10/1871 for 71.20 c.f.s. and decreed Case m 54658 in the Weld County District Court, Weld County, State of Colorado, on 8/2/1918 with an appropriation date of 1/26/1894 for 86.43 c.f.s. all from the South Platte River. The decreed use is for irrigation. The headgate location is in Section 11,Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. 16.2 Historic Use: The 151 shares of the ditch have and are used to irrigate 1889.1 acres. 17. Proposed Change: Applicant seeks to change the use of the shares to include augmentation, replacement and exchange, as well as 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 proposes to bypass the shares as needed at the various headgates or at structures below the ditch headgates to provide augmentation water. 18. Name and Address of Owners of Structures: The wells listed in ¶2 are owned by Applicant’s members and Applicant has the authority to prosecute the application. The Beeman Ditch is owned by the Beeman Ditch & Milling Company c/o Kenneth Mayer, President, 14534 WCR 19, Platteville, Colorado 80651. The Farmers Independent Ditch is owned by the Farmers Independent Ditch Company c/o Ron Otto, Secretary, P.O. Box 210,Greeley, Colorado 80632. Fossil Creek Reservoir is owned by the North Poudre Irrigation Company, c/o Steve Smith, Box 100, Wellington, Colorado, 80459. Godfrey Bottoms Ditch (Section m 3 Ditch) is owned by the Godfrey Ditch Company

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c/o Rod Peppler, 17043 Weld County Road 394, LaSalle, Colorado 80645. New Cache La Poudre Irrigation Canal is owned by the New Cache la Poudre Irrigating Company c/o Mike Hungenberg, 32040 WCR 41, Greeley, Colorado 80631. The Platte Valley Canal/Evans m 2 is owned by the Platte Valley Irrigation Company, c/o Donna Cable, Secretary, 1025 9th Avenue #309, Greeley, Colorado 80631. The Union Ditch is owned by the Union Ditch Company c/o Gary Alles, President, 26285 WCR 47, Greeley, Colorado 80631. The Western Mutual Ditch is owned by the Western Mutual Ditch Company c/o Frank A. Eckhardt, Jr., President, 21454 WCR 33, La Salle, CO 80645. 2003CW178 JEFFREY AND KATHRYN MCCANN, APPLICATION FOR UNDERGROUND WATER RIGHTS AND UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY UPPER AND LOWER ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DENVER AQUIFERS, IN ARAPAHOE COUNTY. 1. Names and Address of Applicants: Jeffrey and Kathryn McCann, 1700 S. Quail Run Road, Watkins, CO 80137 (Carmen S. Hall, Esq., Petrock & Fendel, P.C., 700 Seventeenth Street, Suite 1800,Denver, Colorado 80202 (303) 534-0702). 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: The property which is the subject of this application is approximately 20 acres of land, being the W1/2N1/2S1/2SW1/4 of Section 21, T4S, R64W of the 6th P.M., as shown on Attachment A hereto (Subject Property). The wells which will withdraw the subject groundwater will be located at any location on the Subject Property. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Upper and Lower Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in §37-90-103(10.5), C.R.S. The groundwater to be withdrawn from the Denver aquifer is not nontributary as described in 37-90-137(9)(c), C.R.S. 5. Underground water rights pursuant to Section 37-92-602(4), C.R.S.: There is an existing well located on the Subject Property which is located in the Upper Arapahoe aquifer which was permitted in Well Permit No. 207255 for exempt uses pursuant to Section 37-92-602, C.R.S. Applicants will adjudicate this well pursuant to Section 37-92-602(4), C.R.S. The appropriation date is December 22, 1997 which is the date the permit was issued and the rate of flow is 15 gpm for domestic use. 6. 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 Denver 185 feet 6.3 acre-feet Upper Arapahoe 105 feet 3.6 acre-feet Lower Arapahoe 93 feet 3.1 acre-feet Laramie-Fox Hills 143 feet 4.3 acre-feet

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The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants and represents a claim to all not nontributary and nontributary groundwater underlying the Subject Property. Applicant will reserve part of the Denver aquifer water for use through an exempt well pursuant to Section 37-92-602, CRS. 7. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater, 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). 8. Proposed Use: The water will be used, reused, successively used, and after use leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, fire protection, and augmentation purposes. 9. 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. 10. 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: 11. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 12. Specifically determining that: A. 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. FURTHER, Applicants pray that this Court grant such other relief as it deems proper in the premises. 2003CW179 Dennis A. Darling. Priscilla S. Fulmer, Bendelow Law Firm, P.C., 1100 Lincoln St., Ste. 1000, Denver, CO 80203. Application for Underground Water Rights, IN JEFFERSON COUNTY. Light Lane Well, Permit No. 72698, located in the SW1/4 NE1/4 Section 14, Township 6 South, Range 71 West, of the 6th P.M., at a point approximately 2320 feet from the North Section Line and 1420 feet from the East Section Line, Street address: 26665 Light Lane, Conifer, CO 80433. Source: Groundwater; Depth: Approximately 187 feet; Date of appropriation: November 23, 1973; Amount claimed: 5 gpm, Absolute; Permitted Use: Household use only for one (1) single family dwelling. (2 pages) 2003CW180 KEN, JOANN, GRAY, AND TRACY ELLIS, APPLICATION FOR UNDERGROUND WATER RIGHTS AND UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY UPPER AND LOWER ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DENVER AQUIFERS, IN ARAPAHOE COUNTY. 1. Names, Address and phone number of Applicants: Ken, JoAnn, Gray, and Tracy Ellis, P.O. Box 94, Watkins, CO 80137 (303) 366-7930 (Carmen S. Hall, Esq., Petrock & Fendel, P.C., 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202

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(303) 534-0702). 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: The property which is the subject of this application is approximately 20 acres of land, being Lot 1, Block 2, Fritzlers Subdivision, Filing 1, which is generally located in the NW1/4 of Section 20, T4S, R64W of the 6th P.M., as shown on Attachment A hereto (Subject Property). The wells which will withdraw the subject groundwater will be located at any location on the Subject Property. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Upper and Lower Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in §37-90-103(10.5), C.R.S. The groundwater to be withdrawn from the Denver aquifer is not nontributary as described in 37-90-137(9)(c), C.R.S. 5. Underground water rights pursuant to Section 37-92-602(4), C.R.S.: There is an existing well located on the Subject Property which is located in the Denver aquifer which was permitted in Well Permit No. 63935 for exempt uses pursuant to Section 37-92-602, C.R.S. Applicants will adjudicate this well pursuant to Section 37-92-602(4), C.R.S. The appropriation date is September 1, 1972 which is the date the permit was issued and the rate of flow is 10 gpm for domestic use. 6. 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 Denver 194 feet 6.6 acre-feet Upper Arapahoe 118 feet 4.0 acre-feet Lower Arapahoe 87 feet 2.9 acre-feet Laramie-Fox Hills 150 feet 4.5 acre-feet The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants and represents a claim to all not nontributary and nontributary groundwater underlying the Subject Property. 7. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater, 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). 8. Proposed Use: The water will be used, reused, successively used, and after use leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, fire protection, and augmentation purposes. 9. 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. 10. 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: 11. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be

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specifically retained; 12. 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. FURTHER, Applicants pray that this Court grant such other relief as it deems proper in the premises. 2003CW181 GWENDOLYN HOOTEN AND JOHN SLATER, APPLICATION FOR UNDERGROUND WATER RIGHTS AND UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY UPPER AND LOWER ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DENVER AQUIFERS, IN ARAPAHOE COUNTY. 1. Names, Address and phone number of Applicants: Gwendolyn Hooten and John Slater, 429 S. Bonnie Lane, Watkins, CO 80137 (303) 340-3568 (Carmen S. Hall, Esq., Petrock & Fendel, P.C., 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202 (303) 534-0702).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: The property which is the subject of this application is approximately 20 acres of land, being Tract 3, Coromeadow Acres, which is generally located in the NW1/4 of Section 16, T4S, R64W of the 6th P.M., as shown on Attachment A hereto (Subject Property). The wells which will withdraw the subject groundwater will be located at any location on the Subject Property. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Upper and Lower Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in §37-90-103(10.5), C.R.S. The groundwater to be withdrawn from the Denver aquifer is not nontributary as described in 37-90-137(9)(c), C.R.S. 5.Underground water rights pursuant to Section 37-92-602(4), C.R.S.: There is an existing well located on the Subject Property which is located in the Upper Arapahoe aquifer which was permitted in Well Permit No. 215500 for exempt uses pursuant to Section 37-92-602, C.R.S. Applicants will adjudicate this well pursuant to Section 37-92-602(4), C.R.S. The appropriation date is February 3, 1999, which is the date the permit was issued and the rate of flow is 15 gpm for domestic use. 6. 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 Denver 206 feet 7.0 acre-feet Upper Arapahoe 109 feet 3.7 acre-feet Lower Arapahoe 78 feet 2.6 acre-feet Laramie-Fox Hills 55 feet 4.6 acre-feet The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants and represents a claim to all not nontributary and nontributary groundwater underlying the Subject

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Property. 7. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater, 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). 8. Proposed Use: The water will be used, reused, successively used, and after use leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, fire protection, and augmentation purposes. 9. 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. 10. 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: 11. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 12. Specifically determining that: A. 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. FURTHER, Applicants pray that this Court grant such other relief as it deems proper in the premises. 2003CW182 HAROLD AND LOIS PETSCH, APPLICATION FOR UNDERGROUND WATER RIGHTS AND UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS, IN DOUGLAS COUNTY. 1. Names and Address of Applicants: Harold and Lois Petsch , 12280 N. Piney Lake Road, Parker, CO 80138 (Carmen S. Hall, Esq., Petrock & Fendel, P.C., 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202 (303) 534-0702).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: The property which is the subject of this application is approximately 5 acres being Tract 21, Black Forest Ranchettes, which generally located in the E1/2SE1/4 of Section 8, T6S, R65W of the 6th P.M., as more particularly described and shown on Attachment A hereto (Subject Property). The wells which will withdraw the subject groundwater will be located at any location on the Subject Property. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Lower Dawson, Denver, 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. Underground water rights pursuant to Section 37-92-602(4), C.R.S.: There is an existing well as permitted in Well Permit No. 78894 which is constructed in the Upper or Lower Dawson aquifers which was previously permitted for domestic use pursuant to Section 37-92-602, C.R.S. Applicants request adjudication of this well pursuant to Section 37-92-604(4), C.R.S. The appropriation date is the date the permit was issued and the rate of flow is 15 gpm for domestic use. 6.

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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 Lower Dawson 58 feet 0.6 acre-feet Denver 273 feet 2.3 acre-feet Arapahoe 271 feet 2.3 acre-feet Laramie-Fox Hills 226 feet 1.7 acre-feet The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants and represents a claim to all nontributary groundwater underlying the Subject Property. 7. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through wells or any additional wells which may be completed in the future, as Applicants’ well fields. 8. Proposed Use: The water will be used, reused, successively used, and after use leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, fire protection, and augmentation purposes.9. 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. 10. 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: 11. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 12. Specifically determining that: A. 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. FURTHER, Applicants pray that this Court grant such other relief as it deems proper in the premises. 91CW068 AND 91CW069 COLORADO HISTORICAL SOCIETY. KEN SALAZAR, Attorney General, SHANA SMILOVITS, Assistant Attorney General, 1525 Sherman Street, 5th Floor, Denver, CO 80203. (303) 866-3782. AMENDED APPLICATION FOR CONDITIONAL UNDERGROUND WATER RIGHT, CHANGE OF USE OF SURFACE WATER RIGHT, AND AMENDED PLAN FOR AUGMENTATION INCLUDING EXCHANGE AND STORAGE, In Clear Creek County. The Colorado Historical Society (“Applicant”), by and through the undersigned Assistant Attorney General, hereby submits the following Amended Application for

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Conditional Underground Water Right, Change of Use of Surface Water Right, and Amended Plan for Augmentation Including Exchange and Storage. 1. Name, address, and telephone number of Applicants: Colorado Historical Society 1300 Broadway Denver, Colorado 80203 (303) 866-5750

CLAIM FOR CONDITIONAL UNDERGROUND WATER RIGHT

2. Name of wells and permit, registration, or denial number: Lebanon Mine Well 3. Legal description of the point of diversion: At a point 950 feet north of the south

section line and 2,450 feet west of the east section line of Section 18 in the SW 1/4 of the SE 1/4 of Section 18, Township 4 South, Range 74 West of the 6th P.M., in Clear Creek County, Colorado.

4. Source: Clear Creek Alluvium, tributary to Clear Creek, a tributary of the South Platte River

5. Depth: 124 feet 6. Date of appropriation: March 31, 1989 7. How appropriation was initiated: Filing of notice of intent to construct a

monitoring and observation hole with the State Engineer’s Office. 8. Date water was applied to a beneficial use: Not applicable 9. Amount claimed: 75 g.p.m. (0.167 c.f.s.) conditional 10. Proposed uses. Drinking and sanitary purposes at the Lebanon Mine Restroom

Facility and irrigation of not more than 3,845 square feet of lawn and gardens. 11. Name and address of owner of land on which well is located: Colorado Historical

Society, 1300 Broadway, Denver, Colorado 80203 CLAIM FOR CHANGE OF USE OF CONDITIONAL

UNDERGROUND WATER RIGHT 12. Name of water right for which change is sought: Georgetown Loop Railroad Well 13. Decreed: August 31, 1989, in Case No. 84CW166, Water Division No.1 14. Type of water right: Conditional tributary underground water right 15. Location of point of diversion: In the NE 1/4 of the SE 1/4 of Section 18,

Township 4 South, Range 74 West of the 6th P.M., Clear Creek County, Colorado 16. Source: Silver Plume granite aquifer, tributary to Clear Creek, a tributary of the

South Platte River 17. Requested change: Applicant seeks to have added as a lawful use of ground water

withdrawn by the George town Loop Railroad Well the use of such water for irrigation of not more than 15,800 square feet of lawn and gardens located in the vicinity of the Valley Visitor Center.

CLAIM FOR CHANGE OF USE OF SURFACE WATER RIGHT

18. Name of water right for which change is sought: Church Ditch, Case Nos. W-8036(75) & W-8256(76)

Priority No. Date of Appropriation CFS

21 06/01/1862 0.90

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40 02/28/1865 41.43 44 05/16/1865 1.25 62 11/18/1877 18.26 65 11/15/1878 18.85 66 11/20/1881 32.34

A. Type of water right: Surface diversion B. Location of point of diversion: On the north side of Clear Creek in the NE 1/4 of Section 32, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado. C. Source: Clear Creek, a tributary of the South Platte River D. Amount: One inch

19. Requested change: Applicant seeks to have added as a lawful use of its one inch of Church Ditch water the use of that amount of water needed for storage to augment stream depletions associated with the withdrawal of the tributary ground water by the Lebanon Mine Well and the Georgetown Loop Railroad Well. Pursuant to the attached deed, the Adolph Coors Company donated one inch of its Church Ditch water right to the Applicant. Attached as Exhibit A. The donated water is decreed for augmentation use. In order for this water right to be lawfully used for storage purposes, the Applicant seeks to have storage added as a decreed use for its one inch of Church Ditch water. The Colorado Historical Society entered into a contract with the City of Idaho Springs for a storage right in their reservoir. Attached as Exhibit B.

CLAIM FOR AMENDMENT OF PLAN FOR AUGMENTATION INCLUDING EXCHANGE

20. Name of structures to be augmented: Lebanon Mine Well and Georgetown Loop Railroad Well 21. Water right to be used for augmentation: Church Ditch, Case Nos. W-8036(75) & W-8256(76)

Priority No. Date of Appropriation CFS 21 06/01/1862 0.90 40 02/28/1865 41.43 44 05/16/1865 1.25 62 11/18/1877 18.26 65 11/15/1878 18.85 66 11/20/1881 32.34

A. Type of water right: Surface diversion B. Location of point of diversion: On the north side of Clear Creek in the NE 1/4 of Section 32, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado C. Source: Clear Creek, a tributary of the South Platte River D. Decreed use: Augmentation E. Historic use: Irrigation F. Amount: One inch, equivalent to 1.47 acre-feet per year (see decree in Case No. 84CW166)

MONTH A. F. April 0.020

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May 0.310 June 0.550

July 0.400 August 0.160

September 0.020 October 0.010 TOTAL 1.470

Name and address of owner of land on which structure is located: Colorado Historical Society, 1300 Broadway, Denver, Colorado 80203

22. Exchange component of plan for augmentation for Lebanon Mine Well:

A. Exchange reach: From the point of diversion of the Church Ditch or Chicago Creek Reservoir to the Lebanon Mine well

B. Maximum rate of exchange: 75 g.p.m. (0.167 c.f.s.) C. Date of appropriation: September 26, 1991 (by the filing of this

application) 23. Exchange component of plan for augmentation for the Georgetown Loop Railroad Well:

A. Exchange reach: From the point of diversion of the Church Ditch or the Chicago Creek Reservoir to the Georgetown Loop Railroad Well

B. Maximum rate of exchange: 70 g.p.m. (0.156 c.f.s.) C. Date of appropriation: September 27, 1991 (by the filing of this

application) 24. Statement of plan for augmentation including exchange and storage for the

Lebanon Mine Well: Applicant seeks to use, by exchange, its one inch of Church Ditch water to replace depletions to the Clear Creek stream system caused by the withdrawal of tributary ground water by the Lebanon Mine Well and Georgetown Loop Railroad Well. Applicant will store excess water in the Chicago Creek Reservoir in May, June and July for release in July, August and September to replace out of priority depletions. The Colorado Historical Society entered into a contract with the City of Idaho Springs for a storage right in their reservoir. Attached as Exhibit B. Water from the Lebanon Mine Well will used for irrigation only between May 1 and September 15 each year. Water for drinking and sanitary purposes will be withdrawn only between May 15 to October 15 each year. Pumping volumes will be limited to those listed in the following table. The projections of consumptive use are also listed.

MONTH POTENTIAL IRRIGATION

C.U.

IRRIGATION DRINKING & SANITARY

TOTAL C.U.

(A-F/AC) PUMP (A-F)

C.U. (A-F)

PUMP (A-F)

C.U. (A-F)

(A-F)

MAY 0.230 0.027 0.022 0.011 0.001 0.023 JUNE 0.360 0.042 0.034 0.032 0.002 0.036 JULY 0.380 0.045 0.036 0.033 0.002 0.038 AUG. 0.310 0.036 0.029 0.033 0.002 0.031

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SEPT. 0.000 0.000 0.000 0.011 0.001 0.001 OCT. 0.000 0.000 0.000 0.002 0.000 0.000

TOTALS 1.280 0.150 0.121 0.122 0.008 0.129 The consumptive use of water withdrawn by the Lebanon Mine Well shall not exceed 0.129 acre-feet per year. Applicant’s one inch of Church Ditch water was found to yield 1.47 acre-feet per year. 25. Statement of amended plan for augmentation including exchange and storage for

the Georgetown Loop Railroad Well: The existing plan for augmentation, decreed in Case No. 84CW166 on August 31, 1989, provides for the replacement of depletions associated with the use of water withdrawn from the Georgetown Loop Railroad Well for “drinking and sanitary purposes in the visitor’s center at the Georgetown Loop Railroad facilities.” Such depletions were projected to total 0.20 acre-feet per year. Applicant seeks to amend the plan to permit the augmentation of depletions associated with the irrigation of 15,800 square feet of lawn and gardens in the vicinity of the Valley Visitor Center between May 1 and September 15 of each year. These additional depletions have been calculated and are presented in the following table: MONTH POTENTIAL

IRRIG. C.U. IRRIGATION DRINKING &

SANITARY TOTAL

C.U. (A-F/AC) PUMP

(A-F) C.U. (A-F)

PUMP (A-F)

C.U. (A-F)

(A-F)

MAY 0.230 0.111 0.089 0.013 0.001 0.090 JUNE 0.360 0.174 0.139 0.039 0.002 0.141 JULY 0.380 0.184 0.147 0.040 0.002 0.149 AUG. 0.310 0.150 0.120 0.040 0.002 0.122 SEPT. 0.140 0.068 0.054 0.013 0.001 0.055 OCT. 0.000 0.000 0.000 0.003 0.000 0.000

TOTALS 1.420 0.687 0.549 0.148 0.008 0.557

Pumping volumes will be limited to those listed in the table above. The consumptive use of water for irrigation purposes shall not exceed 0.549 acre-feet per year. The consumptive use of water for drinking and sanitary purposes currently averages 0.008 acre-feet per year. Under the amended plan for augmentation, Applicant will use 0.557 acre-feet of the 1.47 acre-feet that it has available for augmentation. Applicant will store excess water in May, June and July for release in July, August and September to replace out of priority depletions. The Colorado Historical Society entered into a contract with the City of Idaho Springs for a storage right in their reservoir. Attached as Exhibit B

26. In summary, out of a total 1.47 acre feet available for augmentation, .78 acre feet will remain after augmentation of the consumptive use of the Lebanon Mine Well and Georgetown Loop Railroad Well. WHEREFORE, Applicant seeks the adjudication of a change of use of a conditional underground water right, a change of use of a surface water right, an amendment of a plan for augmentation, and storage.

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2002CW299, ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J, c/o Rex Hartman, Director of Operations and Maintenance, 395 South Pratt Parkway, Longmont, CO 80501, 303-682-7269. (Wendy S. Rudnik, Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978, 303-776-9900.) AMENDED APPLICATION FOR CHANGE OF WATER RIGHT AND APPROVAL OF PLAN FOR AUGMENTATION IN BOULDER COUNTY. 2. Name of Structure to be Augmented: Dry Creek Pond, an on-channel reservoir consisting of 3.73 surface acres, located on Dry Creek, a tributary to St. Vrain Creek, 516 feet from the south line and 779 feet from the west line of Section 7, Township 2 North, Range 69 West of the 6th P.M., Boulder County, Colorado. 3. Previous Decree for Water Right to be Changed and Used for Augmentation: Peck and Metcalf Ditch. a) Date Entered: June 2, 1882. b) Case No.: Civil Action No. 1352. c) Court: Boulder County District Court. d) Type of Water Right: Surface. e) Decreed Point of Diversion: The headgate of the Peck and Metcalf Ditch is located in Section 7, Township 2 North, Range 69 West of the 6th P.M., Boulder County, Colorado. (See map attached as Exhibit A.) f) Source: Dry Creek, a tributary to St. Vrain Creek. g) Amount: 3.57 cfs. h) Appropriation Date: May 15, 1867. i) Decreed Use: Irrigation. 4. Historic Use: The water from the Peck and Metcalf Ditch historically irrigated 56.3 acres located in the SE ¼ of Section 7 and the SW ¼ of Section 8, Township 2 North, Range 69 West of the 6th P.M., Boulder County, Colorado as shown on the map attached as Exhibit A. Water from the Peck and Metcalf Ditch was used to irrigate alfalfa, corn, barley and dry beans. The average consumptive use of the historical irrigation was determined using the Blaney-Criddle analysis for the crops grown, using average temperature and precipitation data. It is estimated that the average annual diversions from the Peck and Metcalf Ditch were 172 acre-feet based on consumptive use of 86 acre-feet per year and a 50% irrigation efficiency. 5. Change of Water Right: Applicant proposes to change the point of diversion, the use and the place of use of the Peck and Metcalf water. The Peck and Metcalf water would be stored in and diverted from Dry Creek Pond. The Peck and Metcalf water will be used to replace evaporative depletions from Dry Creek Pond and to irrigate 30.5 acres located in the SW ¼ of Section 7, Township 2 North, Range 69 West of the 6th P.M., Boulder County, Colorado. This property is located approximately .5 miles upstream from the historically irrigated acreage. (See Silver Creek High School Irrigated Area on map attached as EXHIBIT A.) No other diversions exist between this proposed point of diversion and the original point of diversion. 6. Statement of Plan for Augmentation: a) Amount of Consumptive Use at New Location. As shown in Table 1 below, irrigation of lawn grass is 1.95 acre-feet per acre, totaling 59.48 feet per year for 30.5 acres. The annual consumptive use for pond evaporation is 8.94 acre-feet as shown in Table 1 below. TABLE 1 (1) (2) (3) (4) (5) (6) Month Historic

Consumptive Use

Per Acre Cons.Use for Lawn Grass

Multiplied by 30.5 acres

Evaporative Loss

Irrigation Consumptive Use plus Evaporative Loss

Surplus or Deficit (-)

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Modified Blaney-Criddle Cons. Use Analysis

Column (2) times 30.5 acres

Evaporation from increased water surface

Column (3) plus Column (4)

Column (1) minus Column (5)

(ac-ft) (ac-ft/ac) (ac-ft) (ac-ft) (ac-ft) (ac-ft) Jan. 0.00 0.00 0.00 0.28 0.28 -0.28 Feb. 0.00 0.00 0.00 0.32 0.32 -0.32 Mar. 0.01 0.00 0.00 0.41 0.41 -0.40 April 1.34 0.16 4.88 0.69 5.57 -4.23 May 7.60 0.22 6.71 0.93 7.64 -0.04 June 18.74 0.36 10.98 1.32 12.30 6.44 July 26.01 0.46 14.03 1.55 15.58 10.43 Aug. 21.00 0.38 11.59 1.35 12.94 8.06 Sept. 9.93 0.23 7.02 0.88 7.90 2.04 Oct. 1.29 0.14 4.27 0.65 4.92 -3.63 Nov. 0.00 0.00 0.00 0.32 0.32 -0.32 Dec. 0.00 0.00 0.00 0.24 0.24 -0.24 Total 85.92 1.95 59.48 8.94 68.42 17.51 b) Plan of Operation. At times when there is a downstream call senior to December 12, 2002, consumptive use greater than historic will be replaced by releases made by the St. Vrain and Left Hand Water Conservancy District pursuant to its agreement with Applicant. (The City of Longmont shall also provide water to replace evaporative losses associated with the use of its own water rights, which do not include Peck and Metcalf Ditch water.) No releases will be required when the call is junior to December 12, 2002. Applicant may also use other sources acquired by Applicant and approved by the State Engineer’s Office. Applicant reserves the right to use surplus historic consumptive use credits as shown in column 6 in the chart in ¶4.a. above to irrigate other nearby properties owned by the Applicant in the NW ¼ of Section 18 and the NE ¼ of Section 13, all in Township 2 North, Range 69 West of the 6th P.M., Boulder County, Colorado. 7. Name and Address of Owner of Land on Which Structures Are Located. Snowcap Development, LLC, c/o Jim Cobb, Manager, P. O. Box 1101, Longmont, Colorado 80502-1101.

YOU ARE HEREBY NOTIFIED THAT YOU HAVE, until the last day of May, 2003 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of each statement of opposition must also be served upon the Applicant or the Applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing fee: $70.00). MARY A. CRESPIN, Water Clerk, Water Division 1, POB 2038, Greeley, CO 80632.

RULING LIST FOR MARCH, 2003

March 2003, Resume

78

II. Water Court – Div. 1

Case # Applicant County # Pages 96CW490 Alden V. Hunt Park 3 96CW706 Jack Wilson Park 3 01CW247 David S. & Lisbeth P. Tallent Elbert 9 87CW232 City of Longmont Boulder 6 02CW13 CDM McDermott, LLC El Paso 16

TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN …€¦ · Rock, CO 80108. Application for...

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