DISTRICT COURT, WATER DIVISION 1, COLORADO NOVEMBER 2012 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of NOVEMBER 2012 for each County affected. 12CW248, Merinda K. Jones and Carlos A. Washington, 11675 Steele Avenue, Franktown, CO 80106 (James Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, DOUGLAS COUNTY. Subject Property: 55.1 acres located in the S1/2SE1/4 of Section 33, T9S, R65W of the 6th P.M., as described and shown on Attachment A hereto ("Subject Property"). Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Upper Dawson: 23 acre-feet, Lower Dawson: 20 acre-feet, Denver: 22 acre-feet, Arapahoe: 25 acre-feet, Laramie-Fox Hills: 15 acre-feet. Proposed Use: Domestic, inhouse, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Description of plan for augmentation: Groundwater to be augmented: All of the not nontributary Upper Dawson aquifer groundwater as requested herein and available under the Subject Property. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water.Statement of plan for augmentation: The Upper Dawson aquifer groundwater will be used for inhouse use (0.4 acre-feet per residence), irrigation of lawn, garden, trees, and pasture (1 to 2 acre-feet per irrigated acre), stockwatering, and storage, through wells to be located at any location on the Subject Property. Sewage treatment for inhouse use will be provided by non-evaporative septic systems. Return flows associated with in-house use will be approximately 90% of water used for that purpose and return flow associated with irrigation use will be approximately 15% of water used for that purpose. Water used for other purposes requested herein are considered to be 100% consumed. During pumping Applicants will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions may occur to the Cherry Creek stream system. Return flows accrue to the South Platte River stream system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an equal amount of nontributary groundwater requested herein to meet post pumping augmentation requirements. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (7 pages).  

12CW249 TERRY D. SWANSON and ELAINE E. SWANSON, 1873 Macom Drive, Sedalia, Colorado 80135. Stephen C. Larson, David F. Bower, Johnson & Repucci LLP, 2521 Broadway, Suite A, Boulder, Colorado 80304, Phone: (303) 442-1900. Application for Determination of Underground Water Rights in the Denver Basin Aquifers in DOUGLAS COUNTY. Parcel Description Information. The parcel which is the subject of this application is approximately 9.75 acres of land located in part of the SW1/4 of Section 17, Township 7 South, Range 67 West, of the 6th P.M., Douglas County, Colorado, legally described as Lot 3, Block 3, Hockaday Heights (the “Subject Property”), as shown on the map attached hereto as Exhibit A. The street address for the Subject Property is 1873 Macom Drive, Sedalia, Colorado 80135. Parcel Ownership Information. Applicants’ claim to the Denver Basin water underlying the Subject Property is based on ownership of the parcel. Source of Water. Applicants seek a decree adjudicating all of the not nontributary and nontributary ground water in the Denver Basin aquifers underlying the Subject Property, except for the not nontributary ground water in the Lower Dawson aquifer. Specifically, Applicants are claiming all of the ground water in the following aquifers: Denver

Aquifer: The groundwater from the Denver aquifer underlying the Subject Property is not nontributary groundwater as defined by C.R.S. § 37-90-103(10.7). Applicants shall not withdraw any such not nontributary water until a plan for augmentation is approved permitting the same. Arapahoe Aquifer: The groundwater from the Arapahoe aquifer underlying the Subject Property is nontributary groundwater as defined by C.R.S. § 37-90-103(10.5). Applicants shall relinquish to the stream system two percent (2%) of all such nontributary water withdrawn on an annual basis pursuant to Rule 8 of the Denver Basin Rules, 2 CCR 402-6. Laramie-Fox Hills Aquifer: The groundwater from the Laramie-Fox Hills aquifer underlying the Subject Property is nontributary groundwater as defined by C.R.S. § 37-90-103(10.5). Applicants shall relinquish to the stream system two percent (2%) of all such nontributary water withdrawn on an annual basis pursuant to Rule 8 of the Denver Basin Rules, 2 CCR 402-6. Estimated Amounts Claimed and Rates of Withdrawal. Applicants request the right to withdraw all of the legally available groundwater from nontributary and not nontributary sources underlying the Subject Property at rates of flow necessary to withdraw the entire amount permitted under any decree granted pursuant to this application. Applicants will withdraw all of the groundwater in all of the adjudicated aquifers through wells to be located anywhere on the Subject Property. Said amounts may be (a) withdrawn over the 100-year life of the aquifers as set forth in C.R.S. §37-90-137(4); (b) withdrawn over a longer time based upon actual withdrawal or local government regulations; or (c) withdrawn subject to the banking provisions of Rule 8.A of the Statewide Nontributary Groundwater Rules, 2 CCR 402-7. 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. Applicants estimate that the following values and average annual amounts are representative of the aquifers underlying the Subject Property:

Aquifer Overlying Land

(acres)

Saturated Sand Thickness

(feet)

Specific Yield

(percentage)

Type Annual Withdrawal

(af/yr) Denver 9.75 391.2 0.17 NNT 6.48

Arapahoe 9.75 338.3 0.17 NT 5.61 Laramie-Fox Hills 9.75 161.5 0.15 NT 2.36

Total Not Nontributary (NNT): 6.48 Total Nontributary (NT): 7.97

Total: 14.45 Although Applicants have estimated the amount of water available from the Denver Basin aquifers, Applicants request the right to revise the estimates upward or downward, in any final decree based on revised data, without the necessity of amendment to or republication of this application. Uses or Proposed Uses. Water withdrawn from the Subject Property will be used, reused, and successively used to extinction for the following beneficial uses: recreational, domestic, municipal, industrial, commercial, irrigation, livestock watering, fish and wildlife, fire protection, augmentation, replacement, and exchange. 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 of, or as an offset against, any out-of-priority depletions. The water may be leased, sold, or otherwise disposed of for all of the above uses. Well Permit Information. There is currently one well located on the Subject Property that is drilled into the Lower Dawson aquifer and permitted under Permit No. 51189. Applicants are not seeking a determination of the underground water right in the Lower Dawson aquifer or that may be associated with this well. Applicants will continue to withdraw groundwater from the Lower Dawson aquifer from this well for domestic use under Permit No. 51189. Certification of Notice to Interested Parties. Applicants own the Subject Property free and clear of all liens and encumbrances and no other person or entity has a financial interest in the Subject Property. Accordingly, Applicants certify compliance with the notice requirements of C.R.S §37-92-302(2). Remarks. Applicants waive any six hundred foot spacing rules as

described in C.R.S. § 37-90-137(2), as between all wells located on the Subject Property. (6 pages including exhibit) 12CW250, Suzanne and Michael Shaw, 6661 S. Trailway Circle, Parker, CO 80134 (James Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY SOURCE AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NOT NONTRIBUTARY UPPER DAWSON AQUIFER, DOUGLAS COUNTY. Subject Property: 5.7 acres being Lot 145, Hidden Village Subdivision, Filing 5, generally located in the SE1/4NW1/4 of Section 8, T7S, R65W of the 6th P.M., as shown on Attachment A hereto ("Subject Property"). Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S. Estimated Amount: 1.8 acre-feet per year of Upper Dawson aquifer groundwater, which includes the amount associated with an existing Well Permit No. 65884. Proposed Use: Domestic, commercial, irrigation, livestock watering, fire protection, and augmentation purposes. Description of plan for augmentation: Groundwater to be augmented: Up to 1 acre-foot per year of the not nontributary Upper Dawson aquifer groundwater as requested herein. Water rights for augmentation: Return flows from the use of not nontributary Upper Dawson aquifer and return flows from or direct discharge of nontributary ground water underlying the lot. Said nontributary ground water was decreed in Case No. 04CW76 for the Lower Dawson: 1 acre-foot, Denver: 2.6 acre-feet, Arapahoe: 2.3 acre-feet, and Laramie-Fox Hills: 1.6 acre-feet. Statement of plan for augmentation: The Upper Dawson aquifer groundwater will be used for inhouse use in one residence (0.4 acre-feet per year), irrigation of 9500 square-feet of irrigated area and trees (0.55 acre-feet per year), and stockwatering of up to four large domestic animals, through a new well or the existing Upper Dawson aquifer well in Permit No. 65884. Sewage treatment for inhouse use will be provided by non-evaporative septic system. Return flows associated with in-house use will be approximately 90% of water used for that purpose and return flow associated with irrigation use will be 10% of water used for that purpose. During pumping Applicants will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions occur to the Cherry Creek stream system. Return flows accrue to the South Platte River stream system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an equal amount of nontributary groundwater decreed in Case No. 04CW76 to meet post pumping augmentation requirements. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (6 pages). 12CW251 (2006CW71, 97CW373), City of Arvada, 8101 Ralston Road, Arvada, CO 80002. Steven P. Jeffers, Esq., Madoline Wallace-Gross, Esq., Lyons Gaddis Kahn & Hall, PC, P.O. Box 978, Longmont, CO 80502-0978, (303) 776-9900. Application for Finding of Reasonable Diligence and to Make Conditional Water Rights Absolute IN JEFFERSON COUNTY. 2. Name of structure: Arvada Reservoir Refill. 3. Describe conditional water right: A. Date of original decree, case no. and court: The original decree was entered in Case No. 97CW373, District Court, Water Division 1, on March 22, 2000. B. Subsequent diligence decrees: A diligence decree was entered in Case No. 2006CW71, District Court, Water Division No. 1 on November 22, 2006. C. Legal description: i. Arvada Reservoir: Arvada Reservoir is located on Ralston Creek in the N1/2 and the NW1/4 of the SE1/4 of Section 3, Township 3 South, Range 70 West, and in the S1/2 of the SE1/4 of Section 34, Township 2 South, Range 70 West, 6th P.M., Jefferson County, Colorado. The center line of the dam is described as follows: Commencing at the NE corner of Section 3, Township 3 South, Range 70 West, of the 6th P.M., Jefferson County, Colorado; thence at an angle to the right of 17°34’59” from the East line of said Section 3, a distance of 200.75 feet to the True Point of Beginning. Thence at a deflection angle to the right of 4°52’48”, a distance of 1683.374 feet to a point of curvature; thence along a curve to the right, having a radius of 2585.813 feet, and delta of 26°07’37”, a distance of 1179.134 feet to point of tangency; thence along the tangent of the before described curve, a distance of 819.242 feet to the point of ending. ii. Name and capacity of ditch used to fill reservoir and legal description of point of diversion: In addition to

being filled from Ralston Creek, Arvada Reservoir is also filled from Clear Creek through the Croke Canal. The Clear Creek headgate of the Croke Canal is located on the north bank of Clear Creek in the NW1/4 of the NE1/4 of Section 26, Township 3 South, Range 70 West, 6th P.M., Jefferson County, Colorado. The capacity of the Croke Canal is approximately 400 cfs. Water diverted from Clear Creek is carried down the Croke Canal and diverted out of the canal into Arvada’s Croke Canal Pump Station located immediately south of Ralston Creek, and then pumped from the Croke Canal Pump Station up to Arvada Reservoir. D. Sources: Ralston Creek and Clear Creek, tributaries to the South Platte River. E. Appropriation: i. Date: December 30, 1997. ii. Volumetric Amounts: a. 5,462 acre-feet per year cumulative from Ralston Creek and Clear Creek for the uses described in paragraph 3.F. below, except reuse and successive use. 1. 350.00 acre-feet per year was previously decreed ABSOLUTE and 5,112.00 acre-feet per year is CONDITIONAL from Ralston Creek. 2. 143.42 acre-feet per year was previously decreed ABSOLUTE and 5,318.58 acre-feet per year is CONDITIONAL from Clear Creek. b. 4,915.8 acre-feet per year cumulative from Ralston Creek and Clear Creek for reuse and successive use, of which 4.8 acre-feet per year was previously decreed ABSOLUTE and 4,911 acre-feet per year is CONDITIONAL. iii. Rates of Diversion: a. The rate of diversion for storage from Clear Creek for the uses described in paragraph 3.F. below, is 50 cfs, of which 22.75 cfs was previously decreed ABSOLUTE and 27.25 cfs is CONDITIONAL. b. The rate of diversion or use for reuse and successive use is 15 cfs, of which 2.4 cfs was previously decreed ABSOLUTE and 12.6 cfs is CONDITIONAL. F. Uses: All municipal purposes including, without limitation, domestic, irrigation, commercial, industrial, manufacturing, fire fighting, aesthetic, recreational, fish and wildlife preservation and propagation, exchange, substitution, augmentation, replacement and recharge. Such uses include the right to make a fully consumptive first use of the water and the separate appropriation to reuse and successively use the water to extinction for the above described purposes. 4. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: The Arvada Reservoir Refill is a component part of Arvada’s integrated water supply system. During the subject diligence period, Arvada conducted the following work related to its integrated system at a cost in excess of $1,080,000: A. Constructed a new diversion facility on the Farmers High Line Canal in 2010 at a cost of $160,000. B. Replaced the Croke Canal pump station gate structures in 2012 at a cost of $130,000. C. Adjudicated water court cases including: Case No. 2005CW112 for change of water rights, exchanges and a plan for augmentation including this structure; Case No. 2006CW98 for diligence on various exchanges to Arvada Reservoir; 2007CW214 for diligence on the Arvada Reservoir/Tucker Lake Exchanges; 2010CW39 for diligence on the Blunn Lake Reservoir Seepage Control System; 2010CW291 for diligence on Arvada Reservoir; 2011CW202 for diligence on Highway 93 Lakes; and 2011CW237 for change of water rights, exchanges and a plan for augmentation, including this structure. D. Opposed numerous water court cases filed by other water users to protect from injury Arvada’s water rights, including the subject conditional water right, and incurred legal and engineering expenses in defense of this water right. E. Legal and engineering expenses associated with the development and protection of Arvada’s water rights totaling approximately $790,000. 5. If claim to make absolute in whole or in part: A. Date water applied to beneficial use: July 1, 2010 to June 8, 2011. Summaries of Arvada’s storage records are attached as Exhibit A. Summaries of Arvada’s beneficial use records are attached as Exhibit B. Call records evidencing that the water was stored in priority are attached as Exhibit C. B. Amount claimed absolute and uses: i. Volumetric Amounts: a. Arvada stored and used a total of 616.99 acre-feet from Ralston Creek. After deducting the previous absolute amount of 350 acre-feet, Arvada requests that an additional 266.99 acre-feet be made ABSOLUTE from Ralston Creek. b. Following storage and initial use of the water, Arvada reused 173.78 acre-feet of the water to replace return flows and for exchange. After deducting the previous absolute amount of 4.8 acre-feet, Arvada requests that an additional 168.98 acre-feet be made ABSOLUTE for reuse and successive use. ii. Diversion Rate: Arvada applied water at a maximum rate of 4.9 cfs for successive use by exchange on June 7, 2011. After dedicating the previous absolute amount of 2.4 cfs, Arvada requests that an additional 2.5 cfs, be made ABSOLUTE for reuse and successive use. 6. Arvada requests that the court make absolute the amounts described in paragraph 5

and that the remaining conditional amounts be continued for another six years. In the alternative, Arvada requests that the court find Arvada has exercised reasonable diligence in the full amount of the conditional water right and continue the full amount. 7. Names and address of owner or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: A. Arvada owns Arvada Reservoir. B. The Croke Canal is owned by Farmers Reservoir and Irrigation Company, whose address is 80 South 27th Ave., Brighton, CO 80601. 12CW252, Seth and Tammi Biggi, 1975 County Road 150, Elizabeth, CO 80107 (Bradford R. Benning, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, ELBERT COUNTY. Subject Property: 5 acres being Lot 16, Ponderosa Park Estates, Unit 9, generally located in the SW1/4SW1/4 of Section 25, T7S, R65W of the 6th P.M., Elbert County, as shown on Attachment A (Subject Property). Source of Water Rights: Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Upper Dawson: 1.5 acre-feet, Lower Dawson: 0.6 acre-feet, Denver: 1.6 acre-feet, Arapahoe: 1.9 acre-feet, Laramie-Fox Hills: 1.4 acre-feet. Proposed Use: Domestic, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Description of plan for augmentation: Groundwater to be augmented: 1 acre-foot per year of the available Upper Dawson aquifer groundwater as requested herein. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Upper Dawson aquifer water will be used for in-house use (0.4 acre-feet), irrigation of lawn, garden, and trees (0.55 acre-feet), and stockwatering (0.05 acre-feet) through an existing Upper Dawson aquifer well (Well Permit No. 184199). Sewage treatment for in-house use will be provided by a non-evaporative septic system and return flow from in-house and irrigation use will be approximately 90% and 10% of that use, respectively. During pumping Applicants will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions may occur to the Running Creek stream system. Return flows accrue to the South Platte River stream systems, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post pumping augmentation requirements. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (4 pages). 12CW253 Stretesky Farms, Inc. and DV Stretesky, LLC, APPLICATION FOR CHANGE OF WATER RIGHTS in SEDGWICK COUNTY: Pleadings to: Brammer Law Office, P.C., Ray Ann Brammer, P.O. Box 1827 Sterling, CO 80751 970 521 0700;.Name, mailing address, email address and home telephone number of applicant(s) : Stretesky Farms, Inc. 26383 County Road 30, Julesburg, CO 80737 dstr@pctelcom.coop ; Cell phone: 970 466 1464: Home telephone: 970 474 3711; DV Stretesky, LLC 26383 County Road 30 Julesburg, CO 80737 dstr@pctelcom.coop; Cell phone: 970 466 1464: Home telephone: 970 474 3711; 2. Decreed water right for which change is sought: A. Name of structure: Palser Well No. 5607-F; B. Date of original and all relevant subsequent decrees: April 6, 1976 Case No: W 6809; Court: Water Division No. 1; Augmented in Water Division No. 1 – April 11, 2007, 2002 CW 320 and 2008CW 24 – pending.; C. Legal description of structure as described in most recent decree: Palser Well No. 5607-F is located in the SE1/4 of the NE1/4 of Section 32, Township 12, North, Range 42 West of the 6th P.M., Sedgwick County Colorado at a point 1432 feet South and 1145 feet

West of the NE Corner of said Section 32; D. Decreed source of water: Groundwater; E. Appropriation Date: June 15, 1964; F. Total amount decreed to structure: Absolute 4.33 cubic feet per second; G. Decreed use or uses: Irrigation of 137 acres in Lots 1,2, 3 and 4 of Section 32, Township 12 North, Range 42 West of the 6th P.M., Sedgwick County, Colorado; H. Amount of water that applicant intends to change: Absolute 4.33 cubic feet per second; 3.Detailed description of proposed change: A. Stretesky Farms, Inc., intends to change the location of Palser Well No. 5607-F. currently, the well is decreed for irrigation of 137 acres in Lots 1,2,3 and 4 of Section 32, township 12 North, Range 42 West of the 6th P.M., Sedgwick County, Colorado. The new location is approximately 3/4 of a mile to the southwest on land owned by DV Stretesky, LLC and will irrigate 137 acres in Lots 1 and 2 of Section 5 and the NE 1/4 of Section 6, Township 11 North, Range 42 West of the 6th P.M., Sedgwick County. The average consumptive use of Palser Well No. 5607-F from 1974 – 2012 is 94.96 acre feet with a maximum consumptive use of 211.91 and a minimum consumptive use of 41.0 acre feet. Palser Well No. 5607-F is augmented by the Lower South Platte Water Conservancy District under 2008 CW 24 and 2002 CW 320.; B. Location information : Existing well: Northing 4540704, Easting 747709 Zone 13 Proposed Well: Northing 4539465 Easting 746963 Zone 13 Source of UTM: Hand Held Garmin GPS. Accuracy of Location displayed on GPS device: +/- 3 meters. 4. Name(s) and address(es) of owner(s) or reputed owners: Applicants; Lower South Platte Water Conservancy District 100 Broadway Plaza, Suite 12 Sterling, CO 80751. 12CW254 Park Water Company, P. O. Box 126, Evergreen, CO 80437-0126. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION TO MAKE ABSOLUTE A CONDITIONAL UNDERGROUND WATER RIGHT AND FOR A FINDING OF REASONABLE DILIGENCE. IN JEFFERSON COUNTY. 2. Names of Structures: Park Water Company Well Nos. 6, 7 and 8. 3. Description of Conditional Water Rights: A. Date of Original Decree: November 21, 2006. Case No. 2005CW336. Court: District Court, Water Division 1. B. Location: Park Water Company Well No. 6 is located in the NW1/4 NE1/4 of Section 22, Township 5 South, Range 71 West, 6th P.M., Jefferson County, at a point approximately 465 feet from the North Section line and 1,550 feet from the East Section line of said Section 22. The exact locations of the Park Water Company Well Nos. 7 and 8 will not be known until Applicant’s water system is more fully developed. The wells can generally be described as being within the NW1/4 NE1/4 of Section 22, Township 5 South, Range 71 West, 6th P.M., Jefferson County. C. Source: Ground water that is tributary to Lans Gulch, Cub Creek, Bear Creek and the South Platte River. D. Appropriation Date: December 30, 2005. E. Amount: 20 gallons per minute, Conditional, for each well. F. Use. Municipal, domestic and fire protection purposes. 4. Outline of What Has Been Done Toward Completion of the Appropriation and Application of Water to a Beneficial Use as Conditionally Decreed. a.. Applicant is a Colorado nonprofit corporation that was created to operate a central water system for residents of the Wonderview Subdivision. The Park Water Company Well Nos. 6, 7 and 8 are components of the integrated system operated by Applicant. b. The Park Water Company Well No. 6 was drilled in the Fall of 2007. The Well was hydro-fractured in the Spring of 2008, which improved production from the Well to a rate of 13.7 gallons per minute. c. As a result of the implementation of a maximum contaminant level for uranium in drinking water, Applicant has expended considerable effort and resources in evaluating options available to meet the standard. An anion exchange system for the removal of uranium in Applicant’s wells was completed earlier this year. d. In order to tie Well No. 6 into Applicant’s water distribution system, a new section of water main was installed. e. Since the Decree in Case No. 2005CW336 was entered in 2006, Applicant has expended in excess of $112,000 on activities directly related to its water system. 5. Date Water Applied to Beneficial Uses: The first day that water from the Park Water Company Well No. 6 was delivered to Applicant’s customers was April 1, 2010. WHEREFORE, Applicant requests that the Court enter an Order making the Park Water Company Well No. 6 Absolute in the amount of 13.7 gallons per minute for all of the decreed uses. Applicant further requests the Court find that diligence has been demonstrated on the completion of the conditional water rights decreed to the Park Water Company Well Nos. 7 and 8, and the remaining portion of the water

right decreed to the Park Water Company Well No. 6, and enter an Order continuing the conditional status of each of those water rights for another diligence period. (4 pages). 12CW255 DAVID Y. ROGERS AND NANCY A. ROGERS, P.O. Box 160 Lake George, CO 80817. C/O David M. Shohet, Felt, Monson & Culichia, LLC, 319 North Weber Street, Colorado Springs, CO 80903. APPLICATION FOR FINDING OF DILIGENCE AND TO MAKE PARTIALLY ABSOLUTE IN PARK COUNTY. Name of Structures: Georgia's Spring Pond, John III's Spring Pond, Bobbi's Spring Pond, Maxine's Pond. Description of conditional water rights: Date of Original Decree: June 14, 2000. Case No.: 98CW320. Court: District Court, Water Division 1. Decreed Point of Diversion: i. Georgia's Spring Pond: Located in the NE1/4 of the SW1/4, Section 22, Township 13 South, Range 73 West, 6th P.M., at a point approximately 1,650 feet North of the Southwest corner of Section 22, hence 1,350 feet from the West section line of Section 22. ii. John III's Spring Pond: Located in the NE1/4 of the SW1/4, Section 22, Township 13 South, Range 73 West, 6th P.M., at a point approximately 1,460 feet North of the Southwest corner of Section 22, hence 1,750 feet from the West section line of Section 22. iii. Bobbi's Spring Pond: Located in the SW1/4 of the SW1/4, Section 23, Township 13 South, Range 73 West, 6th P.M., at a point approximately 1,120 feet North of the Southwest corner of Section 23, hence 740 feet from the West section line of Section 23. iv. Maxine's Pond: Located in the SW1/4 of the SW1/4, Section 23, Township 13 South, Range 73 West, 6th P.M., at a point approximately 860 feet North of the Southwest corner of Section 23, hence 740 feet from the West section line of Section 23. Pond to be filled by existing Union Creek Ditch at 0.5 cfs from a point of diversion on Balm of Gilead Creek 2,800 feet North of the Southwest corner of Section 26, hence 1,280 feet from West section line together with diversion of Union Creek from 2,080 feet North of Southwest corner of Section 26, hence 720 feet East of the west section line, all in Township 13 South, Range 73 West, 6th P.M. Sources: I. Georgia's Spring Pond: Spring tributary to Pruden Creek, tributary to South Platte River. ii. John III's Spring Pond: Spring tributary to Pruden Creek, tributary to South Platte River. iii. Bobbi's Spring Pond: Spring tributary to Union Creek, tributary to South Platte River. iv. Maxine's Pond: Balm of Gilead Creek and Union Creek, via Union Creek Ditch tributary to South Platte River. Date of Appropriations: The date of appropriation for Georgia's Spring Pond, John III's Spring Pond, Bobbi's Spring Pond, Maxine's Pond is April 6, 1998. Amounts claimed: i. Georgia's Spring Pond: 1.67 acre-feet. ii. John III's Spring Pond: 1.87 acre-feet. iii. Bobbi's Spring Pond: 3.60 acre-feet. iv. Maxine's Pond: 2.58 acre feet; Off-channel reservoir, rate of diversion for filling the reservoir is 0.50 c.f.s. Decreed Uses: The decreed uses for Georgia's Spring Pond, John III's Spring Pond, Bobbi's Spring Pond, Maxine's Pond are irrigation of 70 acres of hayfields, piscatorial, stockwatering and fire protection. The total acreage to be irrigated by all ponds is 70 acres. Surface area of high water line: i. Georgia's Spring Pond: 1/3 acre. ii. John III's Spring Pond: 3/8 acre. iii. Bobbi's Spring Pond: 3/4 acre. iv. Maxine's Pond: 1/2 acre. Maximum height of dam: The maximum height of the dams for Georgia's Spring Pond, John III's Spring Pond, Bobbi's Spring Pond, Maxine's Pond are 9.9 feet for each pond. Length of Dam: i. Georgia's Spring Pond: 150 feet. ii. John III's Spring Pond: 150 feet. iii. Bobbi's Spring Pond: 200 feet. iv. Maxine's Pond: 200 feet. Capacity of Reservoir: i. Georgia's Spring Pond: 1.71 acre feet. ii. John III's Spring Pond: 1.94 acre feet. iii. Bobbi's Spring Pond: 3.87 acre feet. iv. Maxine's Pond: 2.58 acre feet. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: On December 30, 2010, the Applicants purchased approximately 1,100 acres from Watersedge Properties consisting of eight lots of the Eleventh Hour Ranch Subdivision and an additional 400 acres known as the Roger's Unit from Watersedge previously owned by John Roberta Norman (the "Normans"). In Case No. 98CW320, the Normans were awarded four conditional water rights, Georgia’s Spring Pond, John III’s Spring Pond, Bobbi’s Spring Pond and Maxine’s Pond for the irrigation of 70 acres of hayfields, piscatorial, stockwatering and fire protection uses on the Rogers Unit (collectively, the "Conditional Water Rights"). During this diligence period, the Conditional Water Rights were actively marketed as an integral part of the current and future operation of the Roger's Unit. The Applicants purchased the Roger's Unit, in part, due to marketed conditional water rights and their use in the operation of the Rogers Unit. Applicants' predecessor in

interest constructed dams for all four of the Conditional Water Rights. Both the Georgia’s Spring Pond and John III’s Spring Pond dams, however, do not currently hold water as water seeps through the pond bottom. The dams for both of these ponds need additional work and need to be lined. Bobbi’s Spring Pond and Maxine's Pond have impounded water in priority and have been used for livestock purposes. In addition to the construction of the dams and the impoundment of water described above, the Applicants have performed significant work towards improving the ability to raise cattle and horses and increase the carrying capacity of the Roger's Unit. As the Conditional Water Rights are part of the Applicants' integrated water supply system, work performed on behalf of one component of this integrated system constitutes diligence on behalf of all structures part of this integrated system. During this diligence period, the Rogers have entered into a grazing lease on the Rogers Unit. The lessor has run approximately 50 animal units on the Rogers Unit from late April to early November each year. In addition, the Applicants have acquired ten head of registered Black Angus cows for the Rogers Unit. As part of its cattle operation on the Roger's Unit, the Applicants have acquired feeder panels, fencing material, stock panels, a squeeze schute, pipe for building cattle pens, and have spent significant time and labor on rebuilding, repairing, and restoring the existing corrals, pens, barns and watering tanks for livestock on the Roger's Unit. The Applicants have also acquired several pieces of equipment as part of its operation of the Roger's Unit during this diligence period, including a Ford tractor with blade and shredder, a D-4 size John Deere bulldozer, a large Caterpillar Track Hoe, a Dodge dump truck and a 530 Series John Deere Tractor. During this diligence period, the have expended over $45,000.00 on materials and labor and $87,000.00 on equipment related to their operation of the Rogers Unit. The Applicants have, therefore, devoted substantial efforts towards the development of the Conditional Water Rights, and the present and future application of water from the Georgia's Spring Pond, John III's Spring Pond, Bobbi's Spring Pond, and Maxine's Pond to beneficial use. Claim to Make Absolute: Bobbi's Spring Pond. i. Date Water Applied to Beneficial Use: October 15, 2010. ii. Amount: 3.60 acre feet. iii. Use: Stockwatering. iv. Description of Place of Use Where Water was Applied to Beneficial Use: SW1/4 of the SW1/4, Section 23, Township 13 South, Range 73 West, 6th P.M., at a point approximately 1,120 feet North of the Southwest corner of Section 23, hence 740 feet from the West section line of Section 23. Maxine's Pond. i. Date Water Applied to Beneficial Use: October 15, 2010. ii. Amount: 2.58 acre feet. iii. Use: Stockwatering. iv. Description of Place of Use Where Water was Applied to Beneficial Use: SW1/4 of the SW1/4, Section 23, Township 13 South, Range 73 West, 6th P.M., at a point approximately 860 feet North of the Southwest corner of Section 23, hence 740 feet from the West section line of Section 23. Name and address of the owners of land on which structure is located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Georgia's Spring Pond, John III's Spring Pond, Bobbi's Spring Pond, and Maxine's Pond are all located upon land owned by the Applicants. The Application consists of six pages. 12CW256 Elk Creek Properties, LLC, 5670 Greenwood Plaza Blvd., #505, Englewood, CO 80111. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN JEFFERSON COUNTY. 2. Names of Structures: Elk Creek Properties Well Nos. 1-70. 3. Description of Conditional Water Rights: A. Date of Original Decree: November 21, 2006. Case No. 2006CW079. Court: District Court, Water Division 1. B. Location: The exact locations of the Elk Creek Properties Well Nos. 1-70 will not be known until the property described in the Decree in Case No. 2006CW079 is subdivided and developed. The wells can generally be described as being located within the NE1/4 SE1/4 of Section 31 and the SW1/4 of Section 32, Township 6 South, Range 71 West, 6th P.M.; and Section 5, the E1/2 E1/2 of Section 6 and Section 8, Township 7 South, Range 71 West, 6th P.M., all in Jefferson County. C. Source: Ground water that is tributary to Elk Creek, Shattuck Gulch, and the North Fork of the South Platte River. D. Appropriation Date: March 24, 2006. E. Amounts: 15 gallons per minute, Conditional, for each well; provided, however, that water can be diverted at rates up to 30 gallons per minute from ten of the wells if production so warrants. F. Use. Domestic and ordinary household purposes, irrigation, stock watering, commercial, industrial and fire protection. 4. Outline of What Has Been Done Toward Completion of the

Appropriation and Application of Water to a Beneficial Use as Conditionally Decreed. a. The Elk Creek Properties Well Nos. 1-70 will be the water supply for a mixed-use residential and commercial development. b. Applicant processed an Application with Jefferson County that resulted in the rezoning of a portion of the property to be served by the wells. The approved zoning allows commercial buildings, residences and a camping area to be built. c. Applicant has constructed exploratory roads on its property in order to complete surveying and other fieldwork needed for the ultimate development of the property. d. The regional and national economic downturn has negatively impacted the ability of Applicant to proceed with its development plans as rapidly as originally envisioned. e. Since the Decree in Case No. 2006CW079 was entered in 2006, Applicant has expended in excess of $532,000 on the above referenced activities. WHEREFORE, Applicant requests that the Court enter an Order finding that diligent efforts have been made to put the water decreed conditionally to the Elk Creek Properties Well Nos. 1-70 to beneficial use and continue the conditional status of the water rights described herein for an additional diligence period. (4 pages). 12CW257 East Cherry Creek Valley Water and Sanitation District, acting by and through the East Cherry Creek Valley Water and Sanitation District Water Activity Enterprise, Inc. (“ECCV”), 6201 S. Gun Club Road, Aurora, CO 80016 (c/o William B. Tourtillott, Esq., Brian M. Nazarenus, Esq., Sheela S. Stack, Esq., Susan M. Ryan, Esq., RYLEY CARLOCK & APPLEWHITE, 1700 Lincoln Street, Suite 3500, Denver, Colorado 80203, Telephone: 303-863-7500, Attorneys for ECCV), APPLICATION FOR DETERMINATION OF WATER RIGHTS, IN ADAMS, ARAPAHOE, DENVER, DOUGLAS, ELBERT, JEFFERSON, MORGAN, AND WELD COUNTIES, 2. Introduction. ECCV has developed an integrated system for the diversion, accretion, collection, storage, transmission, and treatment of its water rights. The integrated system, which is also referred to as the Water Supply Project or the Northern Project, is designed to provide ECCV with a long-term, sustainable municipal water supply for its service area located in Arapahoe County, Colorado. A map of ECCV’s service area is attached as Exhibit 1. According to ECCV’s Water Conservation Plan, at full build out which is expected to occur in twenty years, ECCV will require approximately 12,000 to 14,000 acre-feet of water. The Water Court has previously decreed various components of the Water Supply Project. In Case No. 02CW403, the Water Court approved a plan for augmentation (“ECCV Augmentation Plan”) for ECCV’s Upper Beebe Draw wellfield (“ECCV Well Field”), as described in paragraph 15.1 of that decree. The ECCV Augmentation Plan allowed for the addition of wells to the augmentation plan and for the use of additional sources of substitute supply to replace the out-of-priority depletions resulting from pumping the ECCV Well Field. Case No. 02CW403 also decreed a change in use for ECCV’s shares in the Burlington Ditch Reservoir and Land Company (the “Burlington-Barr Shares”) and ECCV’s shares in the Farmers Reservoir and Irrigation Company (the “FRICO-Barr Shares”). The decree in Case No. 02CW403 excluded Barr Lake toe drain seepage from the quantification of the historical consumptive use associated with ECCV’s shares. In Case Nos. 02CW404 and 03CW442, the Court approved the addition of six (6) wells to the ECCV Well Field, additional sources of replacement water to the ECCV Augmentation Plan approved in Case No. 02CW403, and a recharge project in the Beebe Draw (the “Beebe Draw Recharge Project”). The Water Court also approved a plan for augmentation to replace the out-of-priority depletions created by the pumping of wells located on 70 Ranch (“70 Ranch Augmentation Plan”) and a recharge project on 70 Ranch (“70 Ranch Recharge Project”). By this application, ECCV seeks a determination of: 1) its pro rata portion of seepage attributable to ECCV’s fully consumable water stored in Barr Lake that is discharged to the Beebe Canal through the Barr Lake toe drains and interceptor ditch; and 2) the amount of ground water seepage into the Beebe Draw aquifer that is attributable to ECCV’s fully consumable water stored in Barr Lake. ECCV seeks to use its pro rata portion of these reusable water supplies as a source of substitute supply for the ECCV Augmentation Plan decreed in Case No. 02CW403. ECCV also seeks a determination that it can replace the historical return flow obligations for its Burlington-Barr and FRICO-Barr shares that were changed in Case No. 02CW403 with recharge accretions from its reusable water supplies in the Beebe Draw aquifer, using the Unit Response Functions (“URFs”) decreed in Case Nos. 02CW404 and 03CW442. 3. Description of Barr

Lake. 3.1. Barr Lake. Barr Lake is an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. ECCV is a shareholder in the Burlington Barr Lake Division of FRICO and the Barr Lake Division of FRICO, and has the right to store water in Barr Lake. ECCV also has the ability to store water in Barr Lake on a “space available” basis subject to and in compliance with its agreements with FRICO, and any subsequent agreements they may enter. 3.1.1. Location of Dam. At a point at the center of Section 23, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. 3.1.2. Surface Area. 1,900 acres at high water line. 3.1.3. Storage Height. 34 feet. 3.1.4. Capacity. 30,057 acre-feet, dead storage is less than 300 acre-feet. 3.2. Barr Lake Toe Drains. FRICO constructed a toe drain system into the Barr Lake dam to drain the seepage in and through the dam, and an interceptor ditch to collect underflow surfacing from beneath the structure. The water in the toe drain system is measured by a gage on the collection trench fed by the toe drain and then released into the Beebe Canal. Flows in the interceptor ditch are measured at the head of the Beebe Seep Canal. 4. Sources of ECCV’s Fully Consumable Water Stored in Barr Lake. 4.1. The 70 Ranch Water Rights decreed in Case Nos. 02CW404 and 03CW442; 4.2. ECCV’s FRICO-Barr and Burlington-Barr shares decreed in Case No. 02CW403; 4.3. FRICO’s Multi-Purpose Water Right decreed in Case No. 02CW403 (limited to the extent of ECCV’s pro rata ownership of FRICO shares, or as otherwise allocated by and between FRICO shareholders); 4.4. The fully consumable portion of all water rights claimed in ECCV’s pending applications in Case Nos. 06CW40, 11CW151/ 05CW58, 11CW280, 11CW285, and 12CW73; and 4.5. The fully consumable portion of ECCV’s currently owned but unchanged water sources and future acquired water sources, which include but may not be limited to shares in the New Cache la Poudre Irrigating Company, the Cache la Poudre Reservoir Company, and the Ogilvy Irrigation and Land Company. Once the currently owned and future acquired water sources are changed ECCV will follow the procedures in paragraph 19 of the decree in Case No. 02CW403 and paragraphs 25 and 58.5 of the decree entered in Case Nos. 02CW404 and 03CW442 to add those rights as additional sources of replacement supply. 5. Determination of the Claimed Seepage from Barr Lake. 5.1. Toe Drain and Interceptor Ditch Seepage. ECCV seeks a determination of its pro rata portion of seepage attributable to ECCV’s fully consumable water stored in Barr Lake that is discharged to the Beebe Canal through the Barr Lake toe drains and interceptor ditch. The precise amount of this seepage varies based upon the total amount of water in Barr Lake, the amount in ECCV’s Barr Lake accounts, and other variables such as evaporation and precipitation. Accordingly, as part of determining ECCV’s pro rata seepage, ECCV will seek to adjudicate a methodology that will account for the variables and enable the calculation of ECCV’s pro rata seepage. 5.2. Ground Water Seepage. ECCV seeks a determination of the amount of ground water seepage into the Beebe Draw aquifer that is attributable to ECCV’s fully consumable water stored in Barr Lake and the adjudication of a methodology to evaluate the calculation of such water. ECCV is not claiming seepage on water stored in Barr Lake that is allocated for ditch loss replacement or historic return flow obligations. ECCV is in the process of gathering data from monitoring wells in and around Barr Lake. The data from the monitoring wells will be used to determine the amount of underground seepage from Barr Lake. 6. Determination of the Use of Recharge Accretions in the Beebe Draw to Replace Historical Return Flow Obligations. ECCV seeks a determination that it can replace the historical return flow obligations for its changed Burlington-Barr and FRICO-Barr shares with recharge accretions from its reusable supplies in the Beebe Draw aquifer. ECCV’s water rights, as described in paragraph 4, have been and/or will be decreed for use as a replacement source of supply, which includes the replacement of historical return flow obligations. ECCV will use the URFs decreed in Case Nos. 02CW404 and 03CW442 to determine the timing and amount of the recharge accretions in the Beebe Draw in order to replace the historical return flows from the Burlington-Barr and FRICO-Barr shares in timing, location, and amount. 7. Owners of Land upon which Structures are Located. The Farmers Reservoir and Irrigation Company (“FRICO”), 80 South 27th Avenue, Brighton, Colorado 80601, is the fee owner of Barr Lake and the Burlington Ditch. The United Diversion Facility No. 3 and the land at the point of diversion for United Reservoir No. 3 are owned by United Water and Sanitation District

(“United”), 8301 East Prentice Avenue #100, Greenwood Village, Colorado 80111. (6 pages – application; 1 page – exhibit) 12CW258, Arden and Jane Morrow, 4983 Mustang Circle, Sedalia, CO 80135 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHT, DOUGLAS COUNTY. Request for underground water rights pursuant to Section 37-92-602(4), C.R.S.: Well Permit No. 202955; Priority and Appropriation Date: May 29, 1997; Source and Well Depth: Arapahoe aquifer/450 feet deep; Amount: 15 gpm/1.6 acre-feet (absolute); Use: household purposes in three single family dwellings, fire protection, watering of poultry, domestic animals, and livestock on a farm or ranch, and irrigation of not over one acre of home gardens and lawn; Legal Description: Located on Tract 12, Ranch at Coyote Ridge, in the NE1/4NE1/4 of Section 20, T7S, R68W of the 6th P.M., approximately 545 feet from the north and 780 feet from the east section lines as shown on Attachment A. The well is located on land owned by the Applicants. (Copy of well permit record attached). Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (6 pages). 12CW259, Roger and Lisa Garner, David and Stacey Wilson, James and Karla Ross, Thaddeus and Jennifer Schleisman, Thomas Barth, William Willis, and David and Susan Grzywa c/o 779 Vienna Drive, Parker, Colorado 80138 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), Application for Underground Water Rights from Nontributary Sources in the NONTRIBUTARY DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AQUIFERS, ELBERT COUNTY, 43.3 acres being Lot 52, 50, 42, 49, 48, 43, 44, and 77, Parker Hylands Subdivision Filing 2, generally located in parts of the NE1/4 of Section 3, T7S, R65W of the 6th P.M., as shown on Attachment B (Subject Property). The location of the lots satisfy the requirements of Local Rule 3(b)(1) as shown Attachment C. Applicants will own a pro-rata interest in the total amount of groundwater requested herein underlying their respective lots. Estimated Amounts: Denver: 27.7 acre-feet; Arapahoe: 17.4 acre-feet; Laramie-Fox Hills: 12.8 acre-feet. Use: domestic, commercial, irrigation, stockwatering, fire protection, and augmentation purposes, both on and off the Subject Property. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (8 pages). 12CW260, John and Laura Brandon, 244 Vienna Drive, Parker, CO 80138 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), UNDERGROUND WATER RIGHT AND NONTRIBUTARY DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AQUIFERS, ELBERT COUNTY, 5.2 acres being Lot 28, Parker Hylands Filing 1, generally located in the SW1/4NW1/4 of Section 3, T7S, R65W of the 6th P.M. Nontributary Denver: 3.3 acre-feet; Arapahoe: 2.1 acre-feet; and Laramie-Fox Hills: 1.5 acre-feet, for domestic, commercial, irrigation, stockwatering, and augmentation purposes, including storage, both on and off the Subject Property. Request Pursuant to Section 37-92-602(4), C.R.S.: Well Permit No. 96293; Priority and Appropriation Date: January 23, 1978; Source and Well Depth: Upper Dawson aquifer/ 310 feet deep; Amount: 12 gpm/1 acre-foot (absolute); Use: Domestic; Legal Description: In the SW1/4NW1/4 of Section 3, T7S, R65W of the 6th P.M., approximately 1690 feet from the north and 1210 feet from the west section lines. Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (8 pages). 12CW261, Kevin and Ann Dickey, 4416 Mustang Circle, Sedalia, CO 80135 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHT, DOUGLAS COUNTY. Request for underground water rights pursuant to Section 37-92-602(4), C.R.S.: Well Permit No. 189415; Priority and Appropriation Date: August 21, 1995; Source and Well Depth: Arapahoe aquifer/660 feet deep; Amount: 13 gpm/1.6 acre-feet (absolute); Use: household purposes in one single family dwelling, fire protection, watering of not more than 4 large non-commercial domestic animals, and irrigation of not over 25,000 square-feet of home gardens and lawn;

Legal Description: Located on Tract 5, Ranch at Coyote Ridge, in the SW1/4NW1/4 of Section 21, T7S, R68W of the 6th P.M., approximately 2500 feet from the north and 800 feet from the west section lines as shown on Attachment A. The well is located on land owned by the Applicants. (Copy of well permit record attached). Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (6 pages). 12CW262 A.L. Gilbert Company, is a California corporation which is the owner/parent company of Colorado Sweet Gold, LLC (Owner of subject property and water facilities), 8714 State Highway 60, Johnstown, CO 80534, phone No.: (970) 587-6528, email address: detre@coloradosweetgold.com and Ag Water, LLC, (owner of 5 shares of Consolidated Hillsborough Ditch), Dennis Trego, 8714 State Highway 60, Johnstown, CO 80534; phone No.: (970) 587-6528, email address: detre@coloradosweetgold.com. Atty: David Wyatt, Bill Wyatt, Wyatt & Wyatt, LLC, 420 S. Howes St. B-100, Ft. Collins, CO 80521. 303-834-0572. 2. Amendment of case No.: W7667-74, Change of Water Right, Conditional Water Rights and Plan for Augmentation in WELD COUNTY, prior Conclusions of Law, Judgment and Decree: A. The following provisions are terminated from case W7667-74, the Decree: Sections 8, 10, 11, 13, 14, 18 and 21 of the Decree in their entirety. B. All remaining Sections of the Decree shall remain in effect and force with the same rights, benefits and obligations except as modified by the below request for change of water rights. 3. Application for Change of Water Right (5 shares) A. Change 5 shares of Consolidated Hillsborough Ditch out of 118 outstanding shares. a. Previous Decree. District Court CA 8426. The headgate of the Consolidated Hillsborough Ditch is located in SE1/4 NW1/4 of Section 21, T5N, R68W of the 6th P.M. Weld County, Colorado, on the Big Thompson River. The Ditch has the following absolute water rights which are decreed for irrigation purposes:

Adjudication Date Appropriation Date Amount Pro-rata 5 sh. (c.f.s.) (c.f.s.) 5/28/1883 11/10/1861 63.31 2.44 5/28/1883 10/15/1874 8.25 0.00 5/28/1883 4/15/1878 54.00 2.29 5/28/1883 10/6/1881 45.69 1.94

B. Historical Use a. The 5 shares were historically used to irrigate lands in the north 1/2 of Section 9, 4N, 67W. All irrigated lands were flood irrigated with the sole source of water being the 5 shares of Consolidated Hillsborough Ditch. The irrigated acres are owned by Colorado Sweet Gold, LLC. b. Return flows historically accrued to the Little Thompson River along the entire south boundary of the CSG property 1 mile upstream of a point 2,600 feet south of the north line and 0 feet west of the east line of Section 9.C. Consumptive Use: Case No. W7667-74 decreed the average consumptive use of the applicant’s 5 shares to be 252.3 acre-feet.D. Proposed Change: Applicant proposes to change the 5 shares to industrial, well construction, commercial, recreational, municipal, storage, augmentation and replacement. The 5 shares of Consolidated Hillsborough Ditch will be delivered to the CSG property into the three existing storage ponds or for direct measurement and delivery to the Little Thompson River for the maintenance of return flows attributed to the 5 shares. The 5 shares that are stored will be pumped from the ponds into tanker trucks for sale off-site with all uses. In addition, the 5 shares that are stored may be measured and released to the Little Thompson River for the maintenance of return flows and replacement of out-of-priority diversions. The junior water right that is stored will be pumped from the ponds into tanker trucks for sale off-site Applicant proposes 1) limit the deliveries for the 5 shares to the CSG property to 538 acre-feet on a 30 year rolling average, 2) limit the monthly volumetric delivery (in acre-feet) to the CSG property for the 5 shares to: March – 5.40, April – 33.17, May – 117.29, June – 181.90, July – 212.57, August – 122.55, September – 98.15, October – 54.26, 3) limit the diversion season for the 5 shares to March 1 – October 31, 4) limit the annual maximum delivery for the 5 shares to the CSG property to 657.84 acre-feet, 5) limit delivery of the 5 shares to the CSG property via the Consolidated Hillsborough Ditch (insuring ditch loss remains in the ditch). Surface and groundwater returns will be maintained for all calls senior to the date of the filing of this application. E. Location of

Augmentation Structures: a. The West Flume measures water delivered from the CHD that is released directly to the Little Thompson to meet CSG’s return-flow obligations during the irrigation season. It would be more natural to refer to the outfall to the river as the “West Return-Flow Outfall,” or simply as the “West Outfall,” than as the “West Augmentation Outfall.” If the current application were intended to allow for the potential sale of fully consumable water to other parties by discharging it to Little Thompson River to replace depletions elsewhere on the Little or Big Thompson Rivers or on the South Platte River, then it would make more sense to refer to an “Augmentation Outfall,” (or the more common term: “Augmentation Station”) as the point where such water is measured and discharged. But the only means of selling and delivering consumptive-use water contemplated in this Application is by delivery to tanker trucks at the load-out stations. b. The East Flume measures water delivered from the CHD to the ponds for storage. The water measured at the East Flume does not go directly to the “East Outfall,” which probably refers to the measuring and recording device known as the V-Notch Weir. A portion of water measured by the East Flume will eventually be released to the Little Thompson River to meet CSG’s return-flow obligations during the non-irrigation season. Another portion of water measured by the East Flume will be lost to evaporation, and a third portion will be delivered to customers at the load-out stations. None of these differences between the East and West flumes could be guessed from the description in Paragraph 3.E, however, and the use of the term “Augmentation Outfall” is apt to create further confusion about the planned operations and the roles of specific structures. It is common for an application to include a simple vicinity map, which might show the Big and Little Thompson Rivers, the Consolidated Hillsborough Ditch with its river headgate, CSG’s farm headgate, and section lines, and also a more detailed location map which might show CSG’s property boundaries, the ponds and the layout of the structures mentioned in paragraph 3.E.4. Conditional Water Rights A. The junior water right will be delivered to the CSG property from the Consolidated Hillsborough Ditch into the three existing storage ponds or for direct measurement and delivery to the Little Thompson River for the maintenance of return flows attributed to the 5 shares of Consolidated Hillsborough Ditch changed herein. B. Five (5) c.f.s. diverted at the Consolidated Hillsborough Ditch River Headgate. a. Legal Description of the Point of Diversion: SENW, Sec 21, 5N, 68W, conveyed through the Consolidated Hillsborough Ditch to the CSG property. b. Source: Big Thompson River. C. Five (5) c.f.s. of drain and seep water.a.Legal Description of the Point of Diversion: SENW, Sec 21, 5N, 68W along the ditch to the CSG property at the SESE, Sec 9, 4N, 67W. b. Source: Seepage accumulating throughout the Consolidated Hillsborough Ditch from the river headgate to the CSG property. D. Date of Initiation of Appropriation: Date of Filing. E. How Appropriation was Initiated: Filing of Application, Engineering Study. F. Name and Address of Owner of Land Upon Which points of diversion and places of use are located: Applicant. G. Uses: Industrial, well construction, commercial, recreational, municipal, storage, augmentation and replacement. 5. Conditional Storage Rights A. CSG Storage Pond #1 (Main Pond). a. Location: In the NE1/4 of Section 9, 4N, 67W at a point 1,282 feet south of the north line and 911 feet west of the east line of Section 9. b. Live Storage Capacity: 75.32 acre-feet. c. Max. FWS: 13.10 acres. d. Depth: 8.2 feet. e. Source: 5 shares Consolidated Hillsborough Ditch, 5 c.f.s. from the Big Thompson River (with right to fill and re-fill), 5 c.f.s. Drain and seep water in Consolidated Hillsborough Ditch (with right to fill and re-fill). B. CSG Storage Pond #2 (Auxiliary Pond). a. Location: In the NE1/4 of Section 9, 4N, 67W at a point 923 feet south of the north line and 896 feet west of the east line of Section 9. a. Live Storage Capacity: 64.681 acre-feet. b. Max. FWS: 4.421 acres. c. Depth: 22.10 feet.d. Source: 5 shares Consolidated Hillsborough Ditch, 5 c.f.s. from the Big Thompson River (with right to fill and re-fill), 5 c.f.s. Drain and seep water in Consolidated Hillsborough Ditch (with right to fill and re-fill). C. CSG Storage Pond #3 (South Pond). a. Location: In the NE1/4 of Section 9, 4N, 67W at a point 1,595 feet south of the north line and 843 feet west of the east line of Section 9. b. Live Storage Capacity: 49.61 acre-feet. c. Max. FWS: 6.12 acres.d. Depth: 9.4 feet. e. Source: 5 shares Consolidated Hillsborough Ditch, 5 c.f.s. from the Big Thompson River (with right to fill and re-fill), 5 c.f.s. Drain and seep water in Consolidated Hillsborough Ditch (with right to fill and re-fill). D. Uses: Industrial, well construction, commercial, recreational, municipal, storage, augmentation and replacement. 6. During times of a valid downstream senior call, the Applicant will release the return flow obligation water in the amounts and at the time set forth above directly to the

Little Thompson River to prevent any injury to other holders of vested water rights. During the irrigation season, the Applicant will use the Consolidated Hillsborough Ditch shares to make these releases. When the Consolidated Hillsborough Ditch is not delivering water, the Applicant will release water from the Storage Ponds.7. Accounting for the augmentation plan will be compiled monthly. The plan will be administered on a daily basis, and the accounting for the past month’s operation will be completed in the following month. Reports will be electronically mailed to the Division Engineer in Greeley.8.Name and Address of Owners of Structures: All water rights and structures are owned by Applicant except the Hillsborough Ditch which is owned by the Consolidated Hillsborough Ditch Company, c/o Margaret Vetter, Secretary, 612 Charlotte Street, Johnstown, Colorado 80534. 12CW263 (97CW264, 05CW89, 10CW241) James and Faye Gilmore, 404 Thunder Road, Golden, Colorado 80401 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE CONDITIONAL WATER RIGHT ABSOLUTE, JEFFERSON COUNTY. 2. Decree Information: Decreed on January 27, 1999, in Case No. 97CW264, District Court, Water Division 1. A finding of reasonable diligence for the conditional water rights was decreed in Case No. 05CW89 and 0.6 acre-feet of the conditional water right associated with the Gilmore Pond was made absolute in Case No. 10CW241 for recreation and fish and wildlife. Name of structures: Gilmore Well and Gilmore Pond. Source of water: An unnamed tributary of Beaver Brook, a tributary of Clear Creek. Date of appropriation: September 30, 1997. Amount of water claimed: Gilmore well: 15 gpm (conditional) and Gilmore Pond: 0.6 acre-feet per year and refill (conditional). Locations (Shown on Attachment A): Gilmore Well: Located in the NE1/4 NW1/4 of Section 16, T4S, R71W of the 6th P.M., at a point approximately 1980 feet from the west and 500 feet from the north section line of Section 16. Gilmore Pond: Located in the NE1/4 NW1/4 of Section 16, T4S, R71W of the 6th P.M., at a point approximately 1600 feet from the west and 450 feet from the north section line of Section 16. The pond is filled through a pipeline on the stream located approximately 1850 feet from the west and 260 feet from the north section line of Section 16. Uses: Gilmore Well: Domestic, stockwatering, irrigation of 5000 square-feet of lawn and garden. Gilmore Pond: Recreation, wildlife and fish propagation, and replacement and augmentation. Request to Make Conditional Water Rights Absolute. A. The Gilmore Well was pumped in priority between May 24 and June 25, 2010, at a rate of flow of 10 gpm for domestic, stockwatering, and irrigation of 5000 square-feet of area. Therefore, Applicants request that the conditional water right for the Gilmore Well be made absolute for a rate of flow of 10 gpm. The remaining conditional rate of flow of 5 gpm will be abandoned. B. The Gilmore Pond has been filled in priority during this diligence period. For purposes of this application the Pond was filled between May 24 and June 25, 2010 in the amount of 0.6 acre-feet. The pond is located off channel, is lined, and can only be filled through a headgate located upstream of the pond. The water stored in the Gilmore Pond is the source of replacement for out of priority depletions associated with a plan for augmentation for use of the Gilmore Well as also decreed in Case No. 97CW264. The Gilmore Well has historically been used for use in one residence and a caretaker unit (approximately 7500 gallons per month) and irrigation and stockwatering during 5 months of the year (approximately 15,000 gallons per month for 5 months) for a total average annual withdrawal of approximately 0.5 acre-feet. (The augmentation plan in Case No. 97CW264 allows an annual withdrawal of up to 0.79 acre-feet). Based on a 90% return flow for inhouse use in the residence and caretaker unit, the required replacement for that use is 9,000 gallons per year. Based on a 15% return flow for irrigation use of approximately 10,000 gallons per month for 5 months, the required replacement for irrigation and stockwatering use (approximately 25,000 gallons per year which is fully consumed) is 67,500 gallons. Therefore, historically the required replacement is 76,500 gallons per year (0.2 acre-feet). Therefore, Applicants request that the conditional amount of 0.2 acre-feet of the decreed 0.6 acre-feet be made absolute for replacement and augmentation purposes (applies only to the first filling and not the refill right). This Application for Finding of Reasonable Diligence is filed pursuant to the Water Right Determination and Administration Act of 1969, §37-92-302, C.R.S. During this diligence period, in continuing the development of the conditional water rights, Applicants have been engaged in the legal

defense and protection of said water rights and has been diligent in the development of the water rights involved. Specifically, Applicants have continued to maintain and repair the Gilmore Well and Pond and have pumped the well and filled the pond in priority and in conjuction with the augmentation plan decreed in Case No. 97CW264. Also, Applicants obtained a decree in Case No. 10CW241 which made absolute part of the conditional water rights for the Gilmore Pond which is not part of the request made above. This request for a finding of reasonable diligence includes the water included to be made absolute if that request in not granted. Further, Applicant prays that this Court grant the amended application and for such other relief as seems proper in the premises. (4 pages). 12CW264, Thomas and Barrett Miller, 4887 Mustang Circle, Sedalia, CO 80135 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHT, DOUGLAS COUNTY. Request for underground water rights pursuant to Section 37-92-602(4), C.R.S.: Well Permit No. 274114; Priority and Appropriation Date: June 19, 2007; Source and Well Depth: Arapahoe aquifer/580 feet deep; Amount: 13 gpm/1.6 acre-feet (absolute); Use: household purposes in three single family dwellings, fire protection, watering of poultry, domestic animals, and livestock on a farm or ranch, and irrigation of not over one acre of home gardens and lawn; Legal Description: Located on Tract 11, Ranch at Coyote Ridge, in the SE1/4NE1/4 of Section 20, T7S, R68W of the 6th P.M., approximately 1600 feet from the north and 1270 feet from the east section lines as shown on Attachment A. The well is located on land owned by the Applicants. (Copy of well permit record attached). Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (6 pages). 12CW265, R & M Devco, LLC, 200 S.Wilcox Street, #402, Castle Rock, CO 80104 (James Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR CHANGE OF WATER RIGHT, DOUGLAS COUNTY. Decree information for which change is sought: Case No. 80CW158, decreed on September 16, 1981 (Decree). Applicant is the owner of a total of 51.32 acres of land being Lots 98, 99, 100, and 101, Bell Mountain Ranch Subdivision Filing 1-A (Subject Property), which are located in the NW1/4 of Section 34, T8S, R67W of the 6th P.M. as shown on Attachment A hereto. Requested change: Applicant is the owner of approximately 14.3 acre-feet per year of the nontributary Lower Dawson aquifer groundwater decreed in Case No. 80CW158 and associated with the Subject Property pursuant to Order Acknowledging Change of Water Rights Ownership and Amending Decree to Make Quantities Absolute dated December 30, 2002, in Case No. 80CW158. By this change Applicant requests that the 14.3 acre-feet per year and the Subject Property be removed from the terms and conditions of the Decree. This change pertains only to the Lower Dawson aquifer groundwater owned by Applicant. Because the amount of Lower Dawson aquifer groundwater is being reduced from the decreed amount, no injury will occur to other owners or users of vested or conditional water rights. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (3 pages). 12CW266 Colorado Water Conservation Board, 1313 Sherman Street, Suite 721, Denver, CO 80203, (303) 866-3441. c/o Derek Turner, Assistant Attorney General, 1525 Sherman Street, 7th Floor, Denver, CO 80203, telephone: 303 866-5018. APPLICATION FOR WATER RIGHTS TO PRESERVE THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE. Concerning the Application for Water Rights of: COLORADO WATER CONSERVATION BOARD, IN POLE CREEK, A NATURAL STREAM, IN THE UPPER LARAMIE WATERSHED, IN LARIMER COUNTY, COLORADO. 1. Name & Address of Applicant: Colorado Water Conservation Board 1313 Sherman Street, Suite 721 Denver, CO 80203 (303) 866-3441. 2. Name of natural stream:Pole Creek tributary to Johnson Creek tributary to the Laramie River. 3. Location:The natural stream channel from the headwaters extending to the confluence with Johnson Creek being a distance of approximately 7.34 miles. This segment can be located on the Old Roach, U.S.G.S. quadrangle. The Universal Transverse Mercator (UTM) and geographical descriptions (e.g. confluences) of the upstream and

downstream termini are provided as the decree locations. The Public Land Survey System (PLSS) and Lat/Long coordinates are provided as cross-reference locations only. a) Upstream Terminus = headwaters in the vicinity of UTM: Northing: 4530017.98 Easting: 405351.33 (NAD 1983 Zone 13 North) PLSS: NW NW Section 23, Township 11 North, Range 77 West of the 6th PM 300’ East of the West Section Line, 283’ South of the North Section Line Lat/Long: latitude 40° 54’ 56.87”N and longitude 106° 07’ 26.29”W b) Downstream Terminus = Confluence with Johnson Creek UTM: Northing: 4538218.75 Easting: 411083.62 (NAD 1983 Zone 13 North) PLSS: SW SE Section 20, Township 12 North, Range 77 West of the 6th PM 1877’ West of the East Section Line, 458’ North of the South Section Line Lat/Long: latitude 40° 59’ 25.09”N and longitude 106° 03’ 25.51”W 4. Metadata for Locations: a) The UTM, PLSS and Lat/Long locations for the upstream and downstream termini were derived from CWCB GIS using the National Hydrography Dataset (NHD). b) The PLSS locations in this decree were derived from CWCB GIS using 2005 PLSS data from the U.S. Bureau of Land Management's Geographic Coordinate Database. 5. Date of initiation of appropriation: Appropriation and beneficial use occurred on March 21, 2012 by the action of the CWCB under the provisions of sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2011). 6. Amount of water claimed: Instream flow of 1.25 cfs (May 1 – August 15), 0.8 cfs (August 16 – October 31), and 0.25 cfs (November 1 – April 30), absolute. 7. Use of Water: Instream flow to preserve the natural environment to a reasonable degree. 8. Remarks: This appropriation is made pursuant to the provisions of Sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 15, 2012, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board’s water right herein, if granted; and that such environment can exist without material injury to water rights. The Colorado Water Conservation Board has an existing instream flow water right on Pole Creek from the headwaters to the confluence with Johnson Creek, in the amount of 0.5 cfs (1/1 – 12/31), decreed in Case No. 1-86CW304 with an appropriation date of 9/5/1986. The flow rates sought herein are in addition to the amount of the existing instream flow water right. 9. This Application is for an instream flow water right, exclusive to the CWCB pursuant to section 37-92-102(3) C.R.S., and as such there are no proposed diversion structures or storage involved, nor does it affect ground water described in section 37-90-137(4), C.R.S.. See City of Thornton By and Through Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo.,1992) ("A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device."). Therefore, the notice provision contained in section 37-92-302(2)(b) C.R.S. is not applicable. 10. This instream flow water right will not deprive the people of the State of Colorado of the beneficial use of those waters available by law and interstate compact, specifically as decreed in Wyoming v, Colorado, 259 U.S. 419 (1922), modified 260 U.S. 1 (1922), further modified 298 U.S. 573 (1936), further modified 309 U.S. 572 (1940), further modified 353 U.S. 953 (1957). 

12CW267 Colorado Water Conservation Board 1313 Sherman Street, Suite 721 Denver, CO 80203 (303) 866-3441. c/o Derek Turner, Assistant Attorney General, 1525 Sherman Street, 7th Floor, Denver, CO 80203, telephone: 303 866-5018. APPLICATION FOR WATER RIGHTS TO PRESERVE THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE Concerning the Application for Water Rights of: COLORADO WATER CONSERVATION BOARD, IN STUCK CREEK, A NATURAL STREAM, IN THE UPPER LARAMIE WATERSHED, IN LARIMER COUNTY, COLORADO. 1. Name & Address of Applicant: Colorado Water Conservation Board 1313 Sherman Street, Suite 721 Denver, CO 80203 (303) 866-3441. 2. Name of natural stream: Stuck Creek tributary to the Laramie River 3. Location: The natural stream channel from the headwaters extending to the Warren Ditch headgate being a distance of approximately 10.89 miles. This segment can be located on the Old Roach, U.S.G.S. quadrangle. The Universal Transverse Mercator (UTM) and geographical

descriptions (e.g. confluences) of the upstream and downstream termini are provided as the decree locations. The Public Land Survey System (PLSS) and Lat/Long coordinates are provided as cross-reference locations only. a) Upstream Terminus = Headwaters in the vicinity of UTM: Northing: 4526235.65 Easting: 405533.25 (NAD 1983 Zone 13 North) PLSS: SW NW Section 35, Township 11 North, Range 78 West of the 6th PM 700’ East of the West Section Line, 1927’ South of the North Section Line Lat/Long: latitude 40° 52’ 54.31”N and longitude 106° 07’ 16.44”W b) Downstream Terminus = Warren Ditch headgate UTM: Northing: 4537936.76 Easting: 414841.72 (NAD 1983 Zone 13 North) PLSS: NE NE Section 27, Township 12 North, Range 77 West of the 6th PM 148’ West of the East Section Line, 75’ South of the North Section Line Lat/Long: latitude 40° 59’ 17.39”N and longitude 106° 00’ 44.56”W 4. Metadata for Locations: a) The UTM, PLSS and Lat/Long locations for the upstream and downstream termini were derived from CWCB GIS using the National Hydrography Dataset (NHD). b) The PLSS locations in this decree were derived from CWCB GIS using 2005 PLSS data from the U.S. Bureau of Land Management's Geographic Coordinate Database 5. Date of initiation of appropriation: Appropriation and beneficial use occurred on March 21, 2012 by the action of the CWCB under the provisions of sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2011). 6. Amount of water claimed: Instream flow of 2.0 cfs (May 1 – October 31) and 1.1 cfs (November 1 – April 30), absolute. 7. Use of Water: Instream flow to preserve the natural environment to a reasonable degree. 8. Remarks: This appropriation is made pursuant to the provisions of Sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 15, 2012, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board’s water right herein, if granted; and that such environment can exist without material injury to water rights. The Colorado Water Conservation Board has an existing instream flow water right on Stuck Creek from the headwaters to the confluence with the Laramie River, in the amount of 1.0 cfs (1/1 – 12/31), decreed in Case No. 1-78W9368 with an appropriation date of 7/11/1978. The flow rates sought herein are in addition to the amount of the existing instream flow water right. 9. This Application is for an instream flow water right, exclusive to the CWCB pursuant to section 37-92-102(3) C.R.S., and as such there are no proposed diversion structures or storage involved, nor does it affect ground water described in section 37-90-137(4), C.R.S.. See City of Thornton By and Through Utilities Bd. v. City of Fort Collins, 830 P.2d 915, 931 (Colo.,1992) ("A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device."). Therefore, the notice provision contained in section 37-92-302(2)(b) C.R.S. is not applicable. 10. This instream flow water right will not deprive the people of the State of Colorado of the beneficial use of those waters available by law and interstate compact, specifically as decreed in Wyoming v, Colorado, 259 U.S. 419 (1922), modified 260 U.S. 1 (1922), further modified 298 U.S. 573 (1936), further modified 309 U.S. 572 (1940), further modified 353 U.S. 953 (1957).

12CW268, CGD Mortgage Investors, LLC, 2 North Cascade Avenue, Suite 1280, Colorado Springs, CO 80903 (Joseph B. Dischinger and Marjorie L. Sant, Fairfield and Woods, P.C., 1700 Lincoln Street, Suite 2400, Denver, CO 80203-4524), VERIFIED APPLICATION FOR UNDERGROUND WATER RIGHTS FROM THE NONTRIBUTARY LOWER DAWSON, ARAPAHOE, DENVER, AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS IN DOUGLAS COUNTY, 5.449 acres, more or less, generally located in the W1/2 SW1/4 § 1, T. 8 S., R. 67 W., 6th P.M. Nontributary Groundwater: Lower Dawson 1.58 acre-feet; Denver 3.64 acre-feet; Arapahoe 2.48 acre-feet; Laramie-Fox Hills 1.33 acre-feet; and, Not Nontributary Groundwater: Upper Dawson 0.17 acre-feet, for the irrigation of lawns, landscaping and gardens, domestic, commercial, fire protection, stock watering, municipal, augmentation, replacement, exchange, and all other beneficial uses both on and off the Subject Property. Request pursuant to § 37-90-137(4), C.R.S. Further, Applicants

pray that this Court grant the application and for such other relief as seems proper in the premises. (6 pages). 12CW269 Geneva Glen Camp, Inc., P. O. Box 248, Indian Hills, CO 80454. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR FINDING OF REASONABLE DILIGENCE. IN JEFFERSON COUNTY. 2. Names of Structures: Geneva Glen Camp Well Nos. 6 and 7. 3. Description of Conditional Water Rights: A. Date of Original Decree: November 15, 2006. Case No. 2006CW101. Court: District Court, Water Division 1. B. Location: The exact locations of the Geneva Glen Camp Well Nos. 6 and 7 have not yet been determined by the Applicant. The wells can generally be described as being located within the SW1/4 NW1/4 and the NW 1/4 SW1/4 of Section 16, and the SE1/4 NE1/4 and the NE1/4 SE1/4 of Section 17, Township 5 South, Range 70 West, 6th P.M., Jefferson County. C. Source: Ground water that is tributary to Parmalee Gulch, Turkey Creek, Bear Creek and the South Platte River. D. Appropriation Date: April 27, 2006. E. Amount: 15 gallons per minute, Conditional, for each well. F. Use. Commercial, domestic, stock watering and fire protection purposes. 4. Outline of What Has Been Done Toward Completion of the Appropriation and Application of Water to a Beneficial Use as Conditionally Decreed. a. Applicant owns and operates Geneva Glen Camp, an educational and recreational children’s camping facility. As a nonprofit entity, Applicant has limited resources and must carefully prioritize its expenditures for infrastructure improvements. The Geneva Glen Camp Well Nos. 6 and 7 are components of an integrated water and wastewater system for the Camp. b. In order to save energy and address a water quality issue, Applicant installed a motor saver and extended the casing in one of its existing wells. c. Applicant replaced the pump in one of its existing wells. d. Applicant has evaluated options for increasing water supply to address constraints in its water system caused by the recent drought. e. A number of improvements have been made to the wastewater treatment system at the Camp, including work on a lift station, an upgraded design and reconstruction of the chlorine contact chamber, the installation of new pumps, meters and a tank, the installation of lysimeters and monitoring wells, and the acquisition of testing equipment. f. Due to budgetary constraints, Applicant has been unable to proceed with construction of the Geneva Glen Camp Well Nos. 6 and 7 as rapidly as originally envisioned. g. Since the Decree in Case No. 2006CW101 was entered in 2006, Applicant has expended in excess of $80,000 on the above referenced activities. WHEREFORE, Applicant requests that the Court enter an Order finding that diligent efforts have been made to put the water decreed conditionally to the Geneva Glen Camp Well Nos. 6 and 7 to beneficial use and continue the conditional status of the water rights described herein for an additional diligence period. (4 pages). AMENDMENTS 06CW285 SOUTH ADAMS COUNTY WATER AND SANITATION DISTRICT, 6595 East 70th Avenue, P. O. Box 597, Commerce City, Colorado 80037, (303) 288-2646 (Richard J. Mehren, Jennifer M. DiLalla, Moses, Wittemyer, Harrison and Woodruff, P.C., P. O. Box 1440, Boulder, Colorado 80306-1440, (303) 443-8782) FIRST AMENDED APPLICATION FOR QUANTIFICATION OF REUSABLE RETURN FLOWS, APPROVAL OF APPROPRIATIVE RIGHTS OF EXCHANGE, AND EXPANSION OF PLAN FOR AUGMENTATION IN ADAMS AND WELD COUNTIES 2. Purposes of the Application: South Adams owns and maintains water service facilities to provide municipal water service to its customers and those with whom it has agreements to serve. South Adams’ service area is located entirely within the South Platte River Basin. A portion of South Adams’ water supply is derived from fully-reusable sources. By this Application, South Adams seeks to (i) quantify the fully-reusable portion of return flows attributable to South Adams’ use of the 5K Water described in Paragraph 3 below and the Prospect Valley Water described in Paragraph 6 below (“Reusable Return Flows”); (ii) obtain approval for diversion of the Reusable Return Flows directly from the South Platte River at specified locations and use of the Reusable Return Flows for specified purposes; (iii) obtain approval of appropriative rights of exchange with the Reusable Return Flows and the 5K Water described

in Paragraph 3 below as sources of substitute supply; (iv) add the Reusable Return Flows and the 5K Water diverted by exchange as new supplies of replacement and augmentation water within South Adams’ existing plan for augmentation (the “South Adams Augmentation Plan”) as decreed in Consolidated Case Nos. W-8440-76 and W-8517-77 and subsequent Case Nos. W-8440-76A-D (collectively, “W-8440” or the “W-8440 Decrees”) and expanded by the decree in Case No. 2001CW258 (“2001CW258 Decree”) and the decrees in Case No. 2007CW303, pending case No. 2005CW115, and future cases; and (v) increase the limit on gross depletions to the South Platte River from pumping the South Adams Wells under the South Adams Augmentation Plan. INTRODUCTION AND DESCRIPTION OF SOUTH ADAMS’ OPERATIONS 3. General Description of 5K Water and Use by South Adams. The City and County of Denver, acting by and through its Board of Water Commissioners (“Denver Water”), entered into a Settlement Agreement dated August 31, 1999 (“Settlement Agreement”) with the Farmers Reservoir and Irrigation Company (“FRICO”), the Burlington Ditch Reservoir and Land Company and the Henrylyn Irrigation District (collectively, “the Companies”). In accordance with Article III of the Settlement Agreement, Denver Water has agreed to deliver to the Companies up to 5,000 acre-feet of reusable water (“the 5K Water”) in each delivery year. The Companies and South Adams entered into an Amended Stock Purchase Agreement dated September 6, 2006 (“the Amended Stock Purchase Agreement”) to provide for deliveries of 5K Water directly to South Adams through Denver Water’s facilities. Denver Water and the Companies entered into an Amendment to Settlement Agreement dated September 8, 2006 (“the Amended Settlement Agreement”) to provide for delivery of the 5K Water directly to South Adams from Denver Water’s facilities. In accordance with Article III of the Amended Settlement Agreement, South Adams has the right to fully-consume the 5K Water, including the right to use or reuse such water to extinction. As described below, South Adams will (a) deliver 5K Water to its customers for indoor and outdoor uses, and the return flows from such initial use will be recaptured and reused by South Adams; and (b) use the 5K Water for replacement and augmentation purposes in the South Adams Augmentation Plan, directly, by exchange, or after storage. 4. Delivery of 5K Water to South Adams’ Customers and Recapture and Reuse of Indoor and Outdoor Use Return Flows. The 5K Water will be diverted from the South Platte River at the headgate of the Fulton Ditch, as described in Paragraph 8.B. below, for storage in Howe-Haller, Hazeltine, Road Runners Rest II, Brinkmann-Woodward and Dunes Reservoirs, located in portions of Sections 2, 3, 4 and 9, Township 2 South, Range 67 West, 6th P.M., and Tanabe Reservoir in Section 10, Township 2 South, Range 67 West, 6th P.M. (collectively, the “North Reservoir Complex”) (f/k/a “Joint Denver Gravel Pit Lakes”). South Adams will take delivery of the 5K Water from storage in the North Reservoir Complex into its proposed water treatment plant adjacent to the North Reservoir Complex where the water will be treated and then delivered to its customers for indoor and outdoor uses, and the return flows from such initial use will be recaptured and reused by South Adams, as described in this Application. 5. Use of 5K Water for Augmentation and Replacement of Stream Depletions. By the Court’s Order dated October 1, 2012 in Case No. 2001CW258 (“October 2012 Order”), the 5K water was approved as a source of augmentation and replacement supply in the South Adams Augmentation Plan. Under the October 2012 Order, South Adams will use the 5K Water as an augmentation and replacement supply by delivering 5K Water to the South Platte River at the following locations, which were identified in Paragraph B.3. of the July 31, 2012 Notice of Use of Water Rights for Augmentation and Replacement filed by South Adams in Case No. 2001CW258: A. Metro Wastewater Reclamation District Treatment Plant South Platte River Outfall. Located in the NE1/4 NW1/4, Section 12, Township 3 South, Range 68 West of the 6th P.M., in Adams County, Colorado, approximately 90 feet from the North section line and 1,440 feet from the West section line. B. Cat and Miller Reservoir Complex Outlet Structure. The outlet for the Cat and Miller Reservoir Complex is located on the west bank of the South Platte River in the NE1/4 NW1/4, Section 1, Township 3 South, Range 68 West of the 6th P.M., Adams County, Colorado, approximately 997 feet from the North section line and 2,477 feet from the West section line. C. North Reservoir Complex Outlet Structure. The future North Reservoir Complex Outlet Structure is expected to be located in the NW1/4 NE1/4 of Section 3, Township 2 South, Range 67 West of the 6th P.M., in Adams County, Colorado. D. Wattenberg Reservoir Outlet Structure. The future Wattenberg Reservoir

Outlet Structure is expected to be located in the NW1/4 SW1/4 or the SW1/4 NW1/4 of Section 30, Township 1 North, Range 66 West of the 6th P.M. By the Application in this case, South Adams also will use the 5K Water for augmentation and replacement purposes in the South Adams Augmentation Plan by exchange, as described in this Application. 6. General Description of Prospect Valley Water and Use by South Adams. South Adams owns ground water rights located in the Lost Creek Designated Ground Water Basin that have been changed for use for domestic, municipal, irrigation and other uses, and that have been authorized for exportation from the Lost Creek Designated Ground Water Basin of 1,266.8 acre-feet of water per year (“Prospect Valley Water”) pursuant to the terms and conditions of (a) the Findings of Fact, Conclusions of Law, Judgment and Decree of the Court entered by the Adams County District Court on May 10, 2004 in Case No. 98CV1727; and (b) the Findings of Fact, Conclusions of Law, Judgment and Decree of the Court entered by the Adams County District Court on June 1, 2004 in Case No. 99CV0097. The Prospect Valley Water may be fully consumed and may be used and reused to extinction. South Adams will deliver the Prospect Valley Water by pipeline to its customers for indoor and outdoor uses, and the return flows from such initial use will be recaptured and reused by South Adams, as described in this Application. QUANTIFICATION OF REUSABLE RETURN FLOWS 7. Accounting for South Adams’ Water Deliveries. Water delivered to South Adams’ customers from the individual sources available to South Adams is separately measured and recorded in South Adams’ daily accounting records. Therefore, the amount of water diverted into the South Adams water system from individual reusable sources such as the 5K Water and the Prospect Valley Water, and the proportion of the total water supply and total return flows attributable to each such reusable source, can be determined at all times. A. Sources of Reusable Return Flows. The 5K Water and the Prospect Valley Water are fully-consumable by South Adams and may be used, reused and successively used to extinction. Therefore, South Adams’ return flows attributable to those sources of water are Reusable Return Flows. South Adams retains dominion and control over its fully-consumable water until the water has been used, reused and successively used to extinction. No change of any type is requested regarding the 5K Water or the Prospect Valley Water. South Adams claims all return flows from the 5K Water and the Prospect Valley Water in its quantification of lawn irrigation return flows (“LIRFs”), municipal system loss return flows and wastewater return flows pursuant to this Application. B. Quantification of Reusable LIRFs. South Adams’ Reusable Return Flows accruing to the South Platte River and its tributaries by means of the groundwater system in the form of LIRFs will be calculated based on the LIRF methodology established in Paragraph 36.h. of the 2001CW258 Decree, which requires South Adams to determine the amount of its LIRFS in a manner consistent with what is commonly referred to as the “Cottonwood Method” decreed in Case No. 81CW142. South Adams will also take credit for 2% of the reusable water that is supplied for lawn irrigation water use which returns to the South Platte River as surface return flow. C. Quantification of Reusable Municipal System Loss Return Flows. South Adams’ Reusable Return Flows accruing to the South Platte River and its tributaries by means of the ground water system from municipal system losses will be determined in the manner provided in the W-8440 Decrees and Paragraph 36.i. of the 2001CW258 Decree. D. Quantification of Reusable Wastewater Return Flows. South Adams’ Reusable Return Flows in the form of wastewater return flows to the South Platte River will be determined in the manner provided in the W-8440 Decrees and Paragraph 36.j. of the 2001CW258 Decree. Presently all of South Adams’ treated wastewater returns to the South Platte River at South Adams’ Williams-Monaco Wastewater Treatment Plant (“Williams-Monaco WWTP”) located in the SE1/4, Section 17, Township 2 South, Range 67 West, 6th P.M. A portion of South Adams’ wastewater will be treated at the Metro Wastewater Reclamation District’s proposed new Northern Treatment Plant (“NTP”) that will be located in Weld County near the City of Brighton, Colorado, adjacent to the South Platte River. The NTP outfall is expected to be located in the SE1/4 SW1/4, Section 31, Township 1 North, Range 66 West, 6th P.M. 8. Location of Quantification of Reusable Return Flows. South Adams will quantify its LIRFs and municipal system loss Reusable Return Flows at the locations described in Paragraphs 8.A. through 8.H. and Paragraph 8.K. below, and will quantify its wastewater Reusable Return Flows at the locations set forth in Paragraphs 8.I. and 8.J. below, and use those Reusable Return Flows as a source of replacement and augmentation water in the South Adams Augmentation Plan

directly, by exchange, or after storage. In Case Nos. W-8440 and 2001CW258, a portion of South Adams’ service area was divided into return flow plots for purposes of analysis and quantification of the amount, timing and location of LIRFs and municipal system loss return flows. South Adams will distribute the LIRF and municipal system loss Reusable Return Flows among the return flow plots to determine the timing and location of the LIRF and municipal system loss Reusable Return Flows. The points listed in Paragraphs 8.A. through 8.H. and Paragraph 8.K. below are South Adams’ best estimate of the locations at which LIRFs and municipal system loss return flows will be quantified. Additional points of quantification may be identified to facilitate the diversion and use of LIRFs, wastewater, and municipal system loss Reusable Return Flows. A. Confluence of Sand Creek and the South Platte River, located in the SE1/4 SW1/4 Section 1, Township 3 South, Range 68 West, 6th P.M. B. South Platte River just above the headgate of the Fulton Ditch, located on the east bank of the South Platte River in the NE1/4 NE1/4 SE1/4, Section 17, Township 2 South, Range 67 West, 6th P.M., at a point approximately 2,815 feet South and 145 feet West of the Northeast corner of said Section 17. C. South Platte River just above the headgate of the Brantner Ditch, located on the west bank of the South Platte River in the NE1/4 SW1/4, Section 4, Township 2 South, Range 67 West, 6th P.M. D. South Platte River just above the headgate of the Brighton Ditch, located on the west bank of the South Platte River in the SE1/4 SE1/4, Section 11, Township 1 South, Range 67 West, 6th P.M. E. South Platte River below the headgate of the Brighton Ditch, as described in Paragraph 8.D. above, and above the point where the South Platte River crosses the north Adams County line. F. Confluence of First Creek and the South Platte River, located in the SW1/4 NE1/4, Section 4, Township 2 South, Range 67 West, 6th P.M. G. Confluence of Second Creek and the South Platte River, located in the NW1/4 NE1/4, Section 23, Township 1 South, Range 67 West, 6th P.M. H. Confluence of Third Creek and the South Platte River, located in the NW1/4 SW1/4, Section 6, Township 1 South, Range 66 West, 6th P.M. I. Outfall of the Williams-Monaco WWTP with the South Platte River, located in the SE1/4, Section 17, Township 2 South, Range 67 West, 6th P.M. J. Outfall of the NTP with the South Platte River, as described in Paragraph 7.D. above. K. South Adams’ Reusable Return Flows in the form of LIRFs and system losses will also accrue to the Little Burlington Ditch, O’Brian Canal, and Barr Lake, as described in Exhibit I of the 2001CW258 Decree. 9. Use of Reusable Return Flows. South Adams will use the Reusable Return Flows for augmentation, irrigation, commercial, industrial, and all other municipal purposes, including without limitation domestic, mechanical, manufacturing, industrial, sewage treatment, street sprinkling, irrigation of parks, lawns, gardens, grounds and open spaces, replacement, and substitution and exchange purposes, and including, for all of the above-described purposes, both immediate application to such purposes and storage in the structures described in Paragraphs 4, 10.B., and 10.D. herein for subsequent application to such purposes. South Adams intends to fully-consume the Reusable Return Flows, which may be used, reused and successively used to extinction for the uses described herein either directly or after diversion or re-diversion to storage. DIRECT DIVERSION OF REUSABLE RETURN FLOWS FROM THE SOUTH PLATTE RIVER 10. Points of Direct Diversion and/or Storage of LIRFs and Municipal System Loss Reusable Return Flows. South Adams may divert and/or store LIRFs and municipal system loss Reusable Return Flows directly at the following points of diversion and/or storage. A. The headgate of the Fulton Ditch, as described in Paragraph 8.B. above, for storage in the North Reservoir Complex and subsequent use by South Adams. B. The headgate of the Brighton Ditch, as described in Paragraph 8.D. above, for storage in Wattenberg Reservoir and subsequent use by South Adams. Wattenberg Reservoir is proposed to be located in Sections 25 and 36, Township 1 North, Range 67 West of the 6th P.M., and in Section 30, Township 1 North, Range 66 West of the 6th P.M. C. South Platte Diversion I (f/k/a South Platte Diversion IV), on the west bank of the South Platte River in the W1/2, Section 30, Township 1 North, Range 66 West, 6th P.M., for storage in Wattenberg Reservoir and subsequent use by South Adams. D. South Platte Diversion II (f/k/a South Platte Diversion V), on the east bank of the South Platte River in the E1/2, Section 19, Township 1 North, Range 66 West, 6th P.M., for storage in Lupton Lakes Reservoir and subsequent use by South Adams. Lupton Lakes Reservoir is expected to be located in the SE1/4 SW1/4, Section 18, Township 1 North, Range 66 West of the 6th P.M., in Weld County, Colorado. South Adams does not currently have the right to use the Lupton Lakes Reservoir. E. South

Platte Diversion III (f/k/a South Platte Diversion VI), on the east bank of the South Platte River in the E1/2, Section 18, Township 1 North, Range 66 West, 6th P.M., for storage in Lupton Lakes Reservoir and subsequent use by South Adams. 11. Points of Direct Diversion and/or Storage of Wastewater Reusable Return Flows. South Adams may divert and/or store wastewater Reusable Return Flows at the following points of diversion and/or storage. A. Williams-Monaco WWTP Reusable Return Flows. i. The headgate of the Fulton Ditch, as described in Paragraph 8.B. above, for storage in the North Reservoir Complex and subsequent use by South Adams. ii. The headgate of the Brighton Ditch, as described in Paragraph 8.D. above, for storage in Wattenberg Reservoir and subsequent use by South Adams. iii. South Platte Diversion I, as described in Paragraph 10.C. above, for storage in Wattenberg Reservoir and subsequent use by South Adams. iv. South Platte Diversion II described in Paragraph 10.D. above, for storage in Lupton Lakes Reservoir and subsequent use by South Adams. v. South Platte Diversion III described in Paragraph 10.E. above, for storage in Lupton Lakes Reservoir and subsequent use by South Adams. B. NTP Reusable Return Flows. i. South Platte Diversion I, as described in Paragraph 10.C. above, for storage in Wattenberg Reservoir and subsequent use by South Adams. ii. South Platte Diversion II, as described in Paragraph 10.D. above, for storage in Lupton Lakes Reservoir and subsequent use by South Adams. iii. South Platte Diversion III, as described in Paragraph 10.E. above, for storage in Lupton Lakes Reservoir and subsequent use by South Adams. DIVERSION AND USE OF 5K WATER AND REUSABLE RETURN FLOWS BY EXCHANGE 12. Claim for Appropriative Rights of Exchange. A. Appropriation date. October 11, 2006, the date when the Board of Directors of South Adams confirmed its intent to make the appropriations by resolution. B. Maximum Rate of Exchange. 50 cfs. C. Exchange Reach: The downstream extent of the exchanges on the South Platte River is the outlet of Lupton Lakes Reservoir with the South Platte River, as described in Paragraph 14.J. below. The upstream extent of the exchanges is the confluence of Sand Creek and the South Platte River, as described in Paragraph 8.A. above. The overall exchange reach is shown on attached Exhibit A. D. Sources of Substitute Supply: The 5K Water and the Reusable Return Flows described in this Application. E. Use of Exchanged Water: South Adams will use the exchanged water for augmentation, irrigation, commercial, industrial, and all other municipal purposes, including without limitation domestic, mechanical, manufacturing, industrial, sewage treatment, street sprinkling, irrigation of parks, lawns, gardens, grounds and open spaces, replacement, and substitution and exchange purposes, and including, for all of the above-described purposes, both immediate application to such purposes and storage in the structures described in Paragraphs 4, 10.B. and 10.D. above for subsequent application to such purposes. South Adams will fully-consume the exchanged water, as it is entitled to fully-consume the sources of substitute supply given in replacement or exchange, and will do so by direct use, storage and subsequent release, reuse, successive use, further exchange and disposition. 13. Exchange-To Points. The Exchange-To Points are described in Paragraphs 13.A. through 13.D. below and are shown on attached Exhibit A. A. The headgate of the Fulton Ditch, as described in Paragraph 8.B. above, for storage in the North Reservoir Complex and subsequent use by South Adams. B. The headgate of the Brighton Ditch, as described in Paragraph 8.D. above, for storage in Wattenberg Reservoir and subsequent use by South Adams. C. South Platte Diversion I, as described in Paragraph 10.C. above, for storage in Wattenberg Reservoir and subsequent use by South Adams. D. The 2001CW258 Depletion Reach, which begins at an upstream point at or below the confluence of Sand Creek and the South Platte River near the south quarter corner of Section 1, Township 3 South, Range 68 West of the 6th P.M. and extends downstream to a point in the City of Brighton at the Colorado State Highway 7 bridge at the southerly section line of Section 1, Township 1 South, Range 67 West of the 6th P.M. The Depletion Reach is divided into 4 subreaches, as described in Paragraph 36.d. of the 2001CW258 Decree. 14. Exchange-From Points. The Exchange-From Points are described in Paragraphs 14.A. through 14.L. below and are shown on attached Exhibit A. A. South Platte River just above the headgate of the Brantner Ditch, as described in Paragraph 8.C. above. B. South Platte River just above the headgate of the Brighton Ditch, as described in Paragraph 8.D. above. C. South Platte River below the headgate of the Brighton Ditch, as described in Paragraph 8.D. above. D. Confluence of First Creek and the South Platte River, as described in Paragraph 8.F. above. E. Confluence of Second Creek and the South Platte River, as described in Paragraph 8.G.

above. F. Confluence of Third Creek and the South Platte River, as described in Paragraph 8.H. above. G. Outlet of Wattenberg Reservoir, as described in Paragraph 5.D. above. The 5K Water delivered by South Adams to Wattenberg Reservoir will be diverted from the South Platte River at the headgate of the Brighton Ditch, as described in Paragraph 8.D. above, or at South Platte Diversion I, as described in Paragraph 10.C. above. H. Outlet of North Reservoir Complex, as described in Paragraph 5.C. above. The 5K Water delivered by South Adams to the North Reservoir Complex will be diverted from the South Platte River at the headgate of the Fulton Ditch, as described in Paragraph 8.B. above. I. Outlet of Cat and Miller Reservoirs, as described in Paragraph 5.B. above. The 5K Water delivered by South Adams to Cat and Miller Reservoirs will be diverted from the South Platte River at the headgate of the Burlington Ditch, which is located at a point on the east bank of the South Platte River in the NE1/4 of the SW1/4 of Section 14, Township 3 South, Range 68 West of the 6th P.M., City and County of Denver, Colorado, at approximately latitude 039° 47’ 24.69” N, longitude 104° 58’ 9.97” W, UTM coordinates approximately NAD 1983 UTM Zone 13S 502616.89 mE 4404471.42 mN; or at the Metro Wastewater Treatment Plant Pump Station, which discharges to the Burlington Ditch in Section 12, Township 3 South, Range 68 West, 6th P.M. J. Outlet of Lupton Lakes Reservoir. The future Lupton Lakes Reservoir Complex Outlet Structure is expected to be located at Lupton Lakes Reservoir in the SE1/4 SW1/4 of Section 18, Township 1 North, Range 66 West of the 6th P.M., in Weld County, Colorado. South Adams does not currently have the right to use the Lupton Lakes Reservoir. The 5K Water delivered by South Adams to Lupton Lakes Reservoir will be diverted from the South Platte River at South Platte Diversion II, as described in Paragraph 10.D. above, and South Platte Diversion III, as described in Paragraph 10.E. above. K. Outfall of the Williams-Monaco WWTP with the South Platte River, as described in Paragraph 8.I. above. L. Outfall of the NTP with the South Platte River, as described in Paragraph 7.D above. EXPANSION OF THE SOUTH ADAMS AUGMENTATION PLAN 15. Addition of New Sources of Replacement and Augmentation Water to the South Adams Augmentation Plan. This Application seeks to add the following sources of water as replacement and augmentation supplies for use in the South Adams Augmentation Plan. A. 5K Water Diverted by Exchange. Pursuant to the exchanges to be decreed herein, South Adams will divert the 5K Water by exchange for use as a source of replacement and augmentation water in the South Adams Augmentation Plan. The 5K Water was approved in the October 2012 Order for direct replacement and augmentation use in the South Adams Augmentation Plan. B. 5K Water Reusable Return Flows. South Adams will use the LIRFs, municipal system loss return flows and wastewater return flows derived from the 5K Water Reusable Return Flows as a source of replacement and augmentation water in the South Adams Augmentation Plan either directly, by exchange or after storage. C. Prospect Valley Water Reusable Return Flows. South Adams will use the LIRFs, municipal system loss return flows and wastewater return flows derived from the Prospect Valley Water Reusable Return Flows as a source of replacement and augmentation water in the South Adams Augmentation Plan either directly, by exchange or after storage. 16. Increase in Gross Depletion Limit in 2001CW258 Decree. By this Application, South Adams seeks to increase the limit, established in Paragraph 51 of the 2001CW258 Decree, on gross depletions to the South Platte River from pumping the South Adams Wells under the South Adams Augmentation Plan. LANDOWNERS 17. Owners of Land. Names and addresses of owners of land on which any new diversion or storage structure or modification to any existing diversion or storage structure is or will be constructed, or upon which water is or will be stored. A. South Platte Diversion I. City of Westminster, 4800 West 92nd Avenue, Westminster, Colorado 80030; Denise B. Clanahan Trustee, 600 17th Street, Suite 2700 South, Denver, Colorado 80202-3725; Aggregate Industries WCR, Inc., 1707 Cole Boulevard, #100, Golden, Colorado 80401-3219. B. South Platte Diversion II. William Ocker, 9885 E. 158 Place, Brighton, Colorado 80602; John Davis, 12486 Weld Co. Rd. #8, Ft. Lupton, Colorado 80621; Donald and Suzanne Rittenhouse, 205 N. Patit Rd., Dayton, Washington 99328-8724. C. South Platte Diversion III. Ken and Linda Ogilvie, 4620 U.S. Hwy 85, Ft. Lupton, Colorado 80621; Michael R. Bradley Living Trust, 16033 Hiland Circle, Brighton, Colorado 80602; Hunt Brothers Properties, Inc., c/o Asphalt Specialties Inc., 10100 Dallas St., Henderson, Colorado 80640. D. Lupton Lakes Reservoir. City and County of Denver, acting by and through its Board of Water Commissioners, 1600 West 12th Avenue, Denver, Colorado 80204. E.

Wattenberg Reservoir. City of Westminster, 4800 West 92nd Avenue, Westminster, Colorado 80030. F. Cat Reservoir, Miller Reservoir and the North Reservoir Complex. South Adams and the City and County of Denver, acting by and through its Board of Water Commissioners, 1600 West 12th Avenue, Denver, Colorado 80204. WHEREFORE, South Adams County Water and Sanitation District prays this Court to enter a decree quantifying South Adams’ Reusable Return Flows, confirming that South Adams has retained dominion and control and continues to retain dominion and control over fully-reusable water after its prior use, confirming that South Adams may divert the Reusable Return Flows directly from the South Platte River at the specified locations, approving use of the Reusable Return Flows for the specified purposes, confirming the subject appropriative rights of exchange, adding the Reusable Return Flows and the 5K Water diverted by exchange as new supplies of replacement and augmentation water in the South Adams Augmentation Plan, increasing the limit on gross depletions to the South Platte River under the South Adams Augmentation Plan, and granting all such additional relief as the Court may determine necessary or desirable for the purpose of according full relief. 07CW323 The Henrylyn Irrigation District (Steven L. Janssen, 3990 Pleasant Ridge Rd., Boulder, CO 80301) First Amended Application for Water Rights (Surface) in ADAMS, DENVER AND WELD COUNTIES. 2. Name of structures: Burlington O’Brian Canal; Metro Pump Station; United Diversion Facility No. 3; Denver-Hudson Canal; Box Elder Creek Discharge; Horse Creek Reservoir; Lord Reservoir #4; Prospect Reservoir; Olds Reservoir; and United Reservoir. 3. Legal description of each point of diversion: A. Burlington O’Brian Canal headgate on the East bank of the South Platte River in the NE1/4 of the SW1/4, Section 14, Township 3 South, Range 68 West of the 6th P.M. The Burlington O’Brian Canal diverts from the South Platte River at a point approximately 2456.2 feet east of the West line of the southwest quarter and 2347.7 feet north of the south line of said southwest quarter of of said Section 14 [Latitude 039° 47’ 24.69” N, longitude 104° 58’ 9.97” W] in City and County of Denver. The UTM coordinates are approximately NAD 1983 UTM Zone 13S 502616.89 mE 4404471.42 mN; B. Burlington O’Brian & Denver-Hudson Canal bifurcation in the NW/4 of Section 33, Township 1 South, Range 66 West of the 6th P.M., at a point approximately 960 feet south of the North line and 2,464 east of the West line of said Section 33, in Adams County, Colorado; C. Metro Pump Station of the Metropolitan Wastewater Reclamation District Treatment Plant. The Metro Pump Station diverts treated water from the Metro wastewater treatment plant effluent stream before it reaches the South Platte River and discharges to the Burlington O’Brian Canal in the NE1/4 of the NW1/4, Section 12, Township 3 South, Range 68 West of the 6th P.M., in Adams County, located approximately 2,416 feet east of the West line and 975 feet south of the North line of Section 12 [Latitude 039° 48’ 36.4” N, longitude 104° 57’ 1.18” W; and D. United Diversion Facility No. 3. The United Diversion Facility No. 3 headgate is located on the east bank of the South Platte River in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado, located approximately 1,636 feet of the West line and 1,531 feet north of the South line in Section 26 [latitude 39° 55’ 58.4” North, longitude 104° 51’ 32.36” West] in Adams County, Colorado. 4. Source: (tributary and river) South Platte River. 5. A. Date of initiation of appropriation: June 5, 2007; B. How appropriation was initiated: by Adoption of Resolution of the Board of Directors of the Henrylyn Irrigation District; and followed on June 8, 2007 by posting of Notice of Appropriation at Point of Diversion and Box Elder Creek Discharge; C. Date water first applied to beneficial use: June 18 – 19, 2007. 6. Amount claimed: 150 cubic feet per second for a total of 9,000 acre feet per annum; & 9,000 acre feet claimed Absolute by application to beneficial uses. 7. Uses or proposed uses: All beneficial uses including the right to beneficially use and fully consume such water to extinction through the Henrylyn Irrigation District system by direct beneficial use, storage and subsequent release for beneficial use, reuse, successive use, further exchange, substitute supply and to meet replacement or other obligation for any of other decreed water rights: A. For irrigation: the number of acres historically irrigated: 32,750 and the number of acres proposed to be irrigated: 32,750; Legal description of acreage to be irrigated: 32,750 acres in all or a portion of: Sections 2 through 18, 20, 22, 23, 26 through 28, and 30 all in Township 1 North, Range 63 West of the 6th P.M.; Sections 22, 23, 25 through 28 and 30 through 35 all in Township 2 North, Range 63 West of the 6th P.M.; Sections 1, 2, 4,

6, 12, 13, 14, 23 through 26, Township 1 North, Range 64 West of the 6th P.M.; Sections 14, 18 through 30, 32, 34, 35 all in Township 2 North, Range 64 West of the 6th P.M.; Sections 1, 2, 3, 10 through 15, 22, 24, 25, 26, 36 all in Township 1 N, R65W of the 6th P.M.; and Section 25 Township 2 North, Range 65 West of the 6th P.M.; all in Weld County, Colorado; B. For storage and subsequent release for all beneficial uses: Legal Description of Storage Structures: Horse Creek Reservoir located upon the whole or parts of Sections 31 and 32, Township 1 North and Sections 4, 5, 6, 8 and 17, Township 1 South, Range 64 West the 6th P.M.; Prospect Reservoir located upon the whole or parts of Sections 25, 26 and 35, Township 1 North, Range 64 West of the 6th P.M.; Lord Reservoir #4 located upon the whole or parts of Sections 4 and 5, Township 1 North, Range 63 West of the 6th P.M.; and Olds Reservoir located upon the whole or parts of Sections 21, 22, 27 and 28, Township 1 North, Range 63 West of the 6th P.M.; all in Weld County, Colorado; and United Reservoir, a lined gravel pit including two storage cells, located on the East side of the South Platte River in the S1/2 of Section 26 and the N1/2 of Section 35, Township 1 South, Range 67 West of the 6th P.M., in Adams County, Colorado. C. For non-irrigation uses, describe purposes fully: Augmentation of depletions from tributary groundwater wells within and without the boundaries of the Henrylyn Irrigation District; Underground Storage in Beebe Draw, Box Elder Creek and Lost Creek alluvial aquifers; Recharge of Beebe Draw, Box Elder Creek and Lost Creek alluvial aquifers; Replacement of Designated Groundwater within and without the boundaries of the Henrylyn Irrigation District; Substitution, Transfer and Exchange with other tributary waters within and without the boundaries of the Henrylyn Irrigation District; and all other beneficial uses including Agricultural, Stock Watering, Domestic, Municipal, Industrial, Oil and Gas Drilling Operations, Mechanical, Manufacturing, Power Generation, Fire Protection, Dust Suppression, Street Sprinkling, Sewage Treatment, Irrigation of Parks, Lawns and Grounds, Recreation, Piscatorial, Maintenance and Preservation of Wildlife and Aesthetic Values, Lake and Reservoir Evaporation, Augmentation, Replacement, Adjustment and Regulation of The Henrylyn Irrigation District’s water supply system. 8. Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Henrylyn Irrigation District, address above; Burlington Ditch, Reservoir & Land Co. & Farmers Reservoir & Irrigation Co., both at 80 So. 27th Ave., Brighton, CO 80601; Bromley District Water Providers & United Water and Sanitation District, both at 8301 East Prentice Ave., Suite 100, Greenwood Village, CO 80111; and Henderson Aggregate Ltd., P.O. Box 700, Henderson, CO 80640. 9. Remarks: n/a

12CW239, Travis and Roberta Inga, Terence and Laurie Walker, Earl and Sue Ernst, Joyce Hexum, and Lee and Linda Pizzuto c/o 35746 Whispering Drive, Elizabeth, Colorado 80107 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), AMENDED APPLICATION FOR NONTRIBUTARY DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AQUIFERS, ELBERT COUNTY. 12.5 acres being Lots 35, 36, 43, 44, and 46 Filing 1, Saddlewood Subdivision, mostly located in the NW1/4 of Section 5, T8S, R64W of the 6th P.M., Elbert County, as shown on Attachment B. The location of the lots satisfy the requirements of Local Rule 3(b)(1) as shown on Attachment C. Applicants will own a pro-rata interest in the total amount of groundwater requested herein underlying their respective lots. Estimated Amounts: Denver: 5.7 acre-feet; Arapahoe: 4.8 acre-feet; Laramie-Fox Hills: 3.8 acre-feet. Use: domestic, commercial, irrigation, stockwatering, fire protection, and augmentation purposes, both on and off the Subject Property. Further, Applicant prays that this Court grant the amended application and for such other relief as seems proper in the premises. (7 pages). THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED.

YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of JANUARY 2013 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $130.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.