DISTRICT COURT, WATER DIVISION 1, COLORADO JULY 2006 WATER RESUME TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of JULY 2006 for each County affected. 06CW158 MARK S. WESTON AND LAURI L. KORINEK, 3469 Lake Gulch Road, Castle Rock, Colorado 80104, Telephone: (303) 688-6792, c/o Harvey W. Curtis, Esq., 8310 South Valley Highway, #230, Englewood, Colorado 80112, Telephone: (303) 292-1144. APPLICATION FOR UNDERGROUND WATER RIGHTS(EXEMPT WELL) in DOUGLAS COUNTY. 2. Name of well and permit number: Hope Springs Well No. 1, Permit Number 172091. A copy of well permit number 172091 is attached to the Application as Exhibit A. 3. Legal description of well: The well is located in the Northeast quarter of the Northeast quarter of Section 7, Township 9 South, Range 66 West of the 6th P.M., at a point 660 feet south of the north section line and 660 feet west of the east section line. 4. Source: Exempt well withdrawing not non-tributary groundwater from the Upper Dawson aquifer. 5. Depth: 600 feet. 6. Date of appropriation: June 14, 1993. 7. How appropriation was initiated: By filing an application for the well permit with the Office of the State Engineer, Colorado Division of Water Resources on June 14, 1993. 8. Date water was applied to beneficial use: October 6, 1993. 9. Amount claimed: 15 g.p.m., absolute. 10. Use: Ordinary household purposes inside one single family dwelling, fire protection, the watering of poultry, domestic animals and livestock, and the irrigation of not over one acre of home garden and lawn. 11. Legal description of the land irrigated. Not over one acre of home garden and lawn on the land described in Exhibit B to the Application. 12. 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 pool: Applicants. 13. Remarks: a. Well Permit Number 172091 was approved pursuant to C.R.S. Section 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 35 acres described as that portion of the S 1/2 of the SE 1/4 of Section 6, and the N 1/2 of the NE 1/4 of Section 7, all in Township 9 South, Range 66 West of the 6th P.M., being more particularly described as Tract 3, Parcel A on Exhibit B attached to the Application. b. Pursuant to Well Permit Number 172091, the return flow from the use of this well must be through an individual waste water disposal system of the non-evaporation type where the water is returned to the same stream system in which the well is located. Additional Information. Number of pages of Application: 4 pages, 2 pages of exhibits. 06CW159. John R. Moser and Ellen F. Moser, 6600 West 20th Street, Greeley, Colorado, 80634. Mowrai Dairy, LLC, 1999 WCR 28, Hudson, Colorado, 80642. (970) 539-0999 C/O Kim R. Lawrence, Lind, Lawrence & Ottenhoff LLP, 355 Eastman Park Drive, Suite 200, Windsor, CO, 80550, (970)674-9888. APPLICATION FOR CHANGE OF WATER RIGHTS in WELD COUNTY. 2. Decreed Name of Structures. Cannon Farming Co. Wells No. 5-3525-F and No.6-3421-F. 3. Previous Decree. A decree was entered in Case No. W-4963 on November 4, 1974 for Cannon Farming Co. Well No. 5-3525-F with a date of appropriation of September 19, 1962 in the amount of 2.22 c.f.s. and for Cannon Farming Co. Well No. 6-3421-F with a date of appropriation of March 17, 1964 in the amount of 2.66 c.f.s., both for stock watering and Well No. 5-3525 for irrigation of 140 acres in the SE1/4 of Section 28, Township 3 North, Range 65 West of the 6th P.M., and Well No. 6-3421 for irrigation of 130 acres in the SW1/4 of Section 28, Township 3 North, Range 65 West of the 6th P.M., all in Weld County, Colorado. 4. Historical Use. Cannon Well No. 5-3525-F flood irrigated 140 acres of alfalfa from 1963 through the mid

1970s when a 130 acre center pivot sprinkler was installed. Cannon Well No. 5-3525-F continued to irrigate 130 acres of alfalfa up until 2003. In 2003 the crop was 130 acres of corn, in 2004 130 acres of potatoes and in 2005 130 acres of corn. In 2006 the entire 130 acres has been fallowed. Cannon Well No. 6-3421-F historically flood irrigated 130 acres of alfalfa from 1964 through the mid 1970s, at which time a center pivot sprinkler system was installed. The center pivot continued to irrigate 130 acres of alfalfa until 2006. See Figure 1. The historical use of both Cannon wells was estimated using a water budget based on the crop consumptive use estimated from the Colorado State University IDSCU model. The monthly net alluvial withdrawal from 1963 through 2006 was estimated using the IDSCU model using climate data from the Greeley UNC weather station. The wells provide the only source of water for the 260 irrigated acres. The water budget included effective precipitation and a soil moisture budget using loam soils. 5. Historical Depletions. The lagged depletive impact to Beebe Seep was estimated with the CSU Alluvial Water Accounting System (AWAS) model using the Glover Stream Depletion model. The Glover model requires the definition of (1) the distance of the well from the impacted stream, (2) the distance of the impacted stream from any impervious boundaries, (3) the transmissivity of the aquifer and (4) the coefficient of storage of the aquifer. The aquifer characteristics were obtained from the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District Decree in Case No. 02CW335. The Cannon wells are augmented pursuant to that decree. 6. Proposed Changes: 6.1 Applicant seeks to correct the decreed location of Cannon Well No. 6-3421-F to the point of actual location which is in the SW1/4 of Section 28, Township 3 North, Range 65 West, Weld County, Colorado at a point 1268 feet north of the south line and 2589 feet east of the west line of said section. 6.2 Applicant seeks to change the place use of both Cannon Wells so that both can be used to irrigate 260 acres in the S1/2 and 100 acres in the NE1/4 of Section 28, Township 3 North, Range 65 West, Weld County, Colorado. 6.3 Applicant seeks to change the use of both Cannon wells to include commercial use for watering of dairy cows, parlor washing and miscellaneous uses in the dairy which are non-consumptive. The change well allow the Cannon Wells to be a backup supply of water to Aranci Well No. 10729-F which presently provides the water supply to the dairy for parlor washing and miscellaneous uses pursuant to the decree in Case No. 99CW178 and to the water supply provided by Central Weld County Water District. 7. Name and Address of Owners of Structures: Applicant owns all the structures. 06CW160 FORT COLLINS SOCCER CLUB, P.O. Box 271842, Fort Collins, CO 80527-1842. Telephone: 970-226-4253. APPLICATION FOR CHANGE OF WATER RIGHT IN LARIMER COUNTY. Decreed name of structure for which change is sought: Well No. 1-10398 from previous decree entered: August 30, 1971 in case no. W-482 in Water Division 1. Decreed point of diversion: NE1/4, SE1/4, S21, T8N, R68W of the 6th PM at a distance N 2550 feet W 965 feet from the SE corner S21, T8N, R68W or th 6th PM. Source: groundwater. Appropriation date: 1924. Amount: 1.70 cubic feet per second. Historic use: Irrigation; Historically Well No. 1-10398 and Well No. 2-10399 have reportedly irrigated 110 acres in the NE1/4, SE1/4, S21, T8N, R68W of the 6thPM. Proposed Change: Change original decree location of Well No. 1-10398 to location described below, and clarify use of irrigation water. Ground water from Well No. 1-10398 and Well No. 2-10399 is combined to irrigate 110 acres in the SE1/4, S21, T8N, R68W, 6TH PM. A more complete description of this land is included in the Larimer County Assessor’s Office record. Legal description of change in point of diversion: SE1/4, NE1/4, S21, T8N, R68W or the 6th PM at a distance 2628 feet from North and 115 feet from East. Street address: 3955 NW Frontage Road, Fort Collins, CO 80524; Parcel No. 88210-00-007. Optional additional description: Points were not averaged; Northing 4499489, Easting 0499625, Zone 13.

06CW161 LEE ROY ARMSTRONG, 4101 Post Oak Rd. Flower Mound, TX 75022-6615. Telephone: 817-430-3445. 71 Durelli Dr., Sedalia, CO 80135. Telephone: 719-686-1635. APPLICATION FOR UNDERGROUND WATER RIGHT IN TELLER COUNTY. Name of Well: LRA #1. Permit #92924. Date of permit application: 06-27-06. Legal description of well: NE1/4, SW1/4, S9, T11S, R70W of the 6th PM at a distance 1980 feet from South and 1650 feet from West. Street address: 71 Durelli Dr. (Box 2 Rt. 2) Sedalia, CO 80135. Subdivision: Turkey Rock Ranch Estates; Lot 121A; Filing #1. Source: groundwater. Depth: 290 feet. Date of appropriation: 08-30-77. How appropriation was initiated: application made. Date water applied to beneficial use: September 1, 1977. Amount claimed: 15 gpm absolute. Name of Aquifer: Granite. Use: Household use only. 06CW162 DUANE BARTELS, 400 North Co. Rd. 9, Ft. Collins, CO 80521. Telephone: 970-482-5839. APPLICATION FOR CHANGE OF WATER RIGHT IN LARIMER COUNTY. Decreed name of structure for which change is sought: Well #19377-S. Decree entered: 1953 in Case No. CA 11217. Decreed point of diversion: W1/2 of S21, T8N, R68W of the 6th PM at a point whence the SW corner S21 bears S 24 degrees 20 minutes west 2594.2 feet. Source: percolating water not tributary to any natural stream. Appropriation date: May 18, 1948. Amount: 3.79 cfs. Historic use: Irrigation of 320 acres together with wells 1 and 3. Proposed change: to correct actual location of Well No. 19377-S. Legal description for change in point of diversion:NW1/4, SW1/4, S21, T8N, R68W of the 6th PM at a distance 2200 feet from South and 550 feet from West.

06CW163, Name, Address and Telephone Number of Applicants: Grant and Rena Arens, 21730 Weld County Road 44, LaSalle, CO 80645, (970) 284-5464, c/o Kaylea M. White, Lind, Lawrence and Ottenhoff LLP, 355 Eastman Park Drive, Suite 200, Windsor, CO 80550, (970) 674-9888. Application for Water Rights in WELD COUNTY. Application for Water Rights. 2. Applicants seek adjudication for three exempt wells in accordance with CRS 37-92-602(1)(e). During and after these proceedings, the wells will continue to be exempt from administration by the state engineer. Applicants seek priority dates for the wells as the dates first put to beneficial use. 3. Name of Structure: Well Permit No. 256717. 3.1. Legal Description of Diversion Points: In the NE1/4 NE1/4 of Section 22, Township 4 North, Range 65 West, 6th P.M., Weld County, Colorado. 3.2. Source of Water: South Platte River. 3.3. Date of Initiation of Appropriation: December 31, 1950. 3.4. How Appropriation Was Initiated: Date of first beneficial use. 3.5. Amount Claimed: 20 gpm. 3.6. Use: Ordinary household purposes for not more than three single-family dwellings, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches and for the irrigation of not over one acre of home gardens and lawns, in the NE1/4 NE1/4 of Section 22, Township 4 North, Range 65 West, 6th P.M., Weld County, Colorado. 4. Name of Structure: Well Permit No. 256718. 4.1. Legal Description of Diversion Points: In the NW1/4 NE1/4 of Section 22, Township 4 North, Range 65 West, 6th P.M., Weld County, Colorado. 4.2. Source of Water: South Platte River. 4.3. Date of Initiation of Appropriation: December 31, 1950. 4.4. How Appropriation Was Initiated: Date of first beneficial use. 4.5. Amount Claimed: 20 gpm. 4.6. Use: Ordinary household purposes for not more than three single-family dwellings, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches and for the irrigation of not over one acre of home gardens and lawns, in the NW1/4 NE1/4 of Section 22, Township 4 North, Range 65 West, 6th P.M., Weld County, Colorado. 5. Name of Structure: Well Permit No. 268099. 5.1. Legal Description of Diversion Points: In the NE1/4 NW1/4 of Section 22, Township 4 North, Range 65 West, 6th P.M., Weld County, Colorado. 5.2. Source of Water: South Platte River. 5.3. Date of Initiation of Appropriation: June 30, 1947. 5.4. How Appropriation Was Initiated: Date of first beneficial use. 5.5. Amount Claimed: 50 gpm. 5.6. Use: Ordinary household purposes for not more than three single-family dwellings, fire protection, the watering of poultry, domestic

animals, and livestock on farms and ranches and for the irrigation of not over one acre of home gardens and lawns, in the NE1/4 NW1/4 of Section 22, Township 4 North, Range 65 West, 6th P.M., Weld County, Colorado. 6. Names and Addresses of Owners of the Structures: The wells are owned by Applicant.

06CW164 LOUIS AND CAROLYN DeCAROLIS, 941 Ute Trail, PO Box 191, Como, CO 80432. Telephone: 719-836-9233. APPLICATION FOR UNDERGROUND WATER RIGHT IN PARK COUNTY. Name of well: Windy Peak, permit #61346-F located NE1/4, SW1/4, S35, T9S, R75W of the 6th PM at a distance 2310 feet from South and 1450 feet from West. Street address: 941 Ute Trail, Como, CO 80432. Subdivision: Indian Mountain, Lot 37, Block 22. Source: groundwater. Depth: 624’ pump – total well depth 700’. Date of appropriation: May 31, 1973, case W7389. Date water applied to beneficial use: 09-01-04. Amount claimed: .05 absolute. Use: personal use in private home.

06CW165 DAVID K. AND CARRIE A. MIDDLETON, 2080 Santa Fe Mountain Drive, Evergreen, CO 80439. Telephone: 303-567-2763. APPLICATION FOR UNDERGROUND WATER RIGHT IN CLEAR CREEK COUNTY. Name of well: Middleton, permit No. 97643, located SW1/4, NE1/4, S4, T4S, R72W of the 6th PM at a distance 2937 feet from South and 2126 feet from East. Street address: 2080 Santa Fe Mountain Drive, Evergreen, CO 80439; Subdivision: Saddleback Ridge Estates, Lot 1, Block 4. Points were averaged. Northing 4398071.446, Easting 461460.854, Zone 13 Source: groundwater. Depth: 650 feet. Date of appropriation: 08-31-1977. How appropriation was initiated: Well permit filing. Date water applied to beneficial use: 08-31-1977. Amount claimed: 3 gpm absolute. Use: Household use. One structure.

06CW166 DOROTHY JEAN MARK, 22264 WCR 40, LaSalle, CO 80645. Telephone: 970-284-5316. APPLICATION FOR WATER STORAGE RIGHT IN WELD COUNTY. Names of Lakes: 1. Back Big Lake, 2.Back Small Lake, 3. Lake Patty, 4. Long lake, 5. Lake Virginia, 6. Lake Agnes, 7. Lake Joe, 8. Round Lake, 9. Lake Elma located NW1/4, SW1/4, S35, T4N, R65W of the 6th PM with the distance for Back Big Lake being 175 feet from North and 600 feet from East, Back Small Lake being 200 feet from North and 1400 feet from East, Lake Patty being 1250 feet from North and 1550 from East, Long Lake being 1550 feet from North and 1550 feet from East, Lake Virginia being 1650 feet from South and 1300 feet from East, Lake Agnes being 2225 feet from South and 1500 feet from East, Lake Joe being 2500 from North and 300 feet from East, Round Lake being 1100 feet from South and 1120 from East, Lake Elma being 6 feet from South and 1100 feet from East. Name of Ditch: Drain Ditch located S35, T4N, R65W of the 6th PM. Source: Seep and waste water. Date of appropriation: May 8, 1931. How appropriation was initiated: By actual use. Date water applied to beneficial use: May 8, 1931. Amount claimed in acre feet for Back Big Lake 6.5, Back Small Lake 1.25, Lake Patty 1.25, Long Lake 3.5, Lake Virginia 0.69, Lake Agnes 1.57, Lake Joe 1.7, Round Lake 4.5, Lake Elma 3.59. All absolute. Number of acres historically irrigated: approximately 100 acres located NW1/4, SW1/14, S35, T4N, R65W of the 6th PM. Use: Livestock and wildlife. Surface area of high water line: Back Big Lake 4.307, Back Small Lake 0.95, Lake Patty 0.79, Long Lake 1.96, Lake Virginia 0.69, Lake Agnes 1.57, Lake Joe 1.727, Round Lake 2.93, Lake Elma 3.59. These are above ground lakes, each has a dam.

06CW167 Mr. Mike Brezden, 121 Tall Timber Road, Kernville, TX 78038, Telephone: 830-329-6033, C/O Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 355 Eastman Park Drive, Suite 200, Windsor, CO 80550. APPLICATION FOR SURFACE WATER RIGHTS in PARK COUNTY. 2. Name of Structures: A. Brezden Spring No. 1 i. Legal Description of Point of Diversion: 2130 feet FSL, 740 feet FEL, NE 1/4 SE 1/4 Section 33, Township 13 South, Range 72 West. ii. Source: Springs originating at the location described in Section 2.A.i. The water is tributary to Wagon Tongue Gulch, which is a tributary of the South Platte River. iii.

Date of Appropriation: July 24, 2006. iv. How Appropriation was Initiated: Filing of this Application. v. Amount Claimed: 0.5 g.p.m. conditional for storage in Brezden Ponds No. 1 and No. 2 as described in Paragraphs 3 and 4 below for Recreation, Fish and Wildlife, and Piscatorial uses. B. Brezden Spring No. 2. i. Legal Description of Point of Diversion: 2060 feet FSL, 800 feet FEL, NE 1/4 SE 1/4 Section 33, Township 13 South, Range 72 West. ii. Source: Springs originating at the location described in Section 2.B.i. The water is tributary to Wagon Tongue Gulch, which is a tributary of the South Platte River. iii. Date of Appropriation: July 24, 2006. iv. How Appropriation was Initiated: Filing of this Application. v.Amount Claimed: 0.5 g.p.m. conditional for storage in Brezden Ponds No. 1 and 2 as described in Paragraphs 3 and 4 below for Recreation, Fish and Wildlife, and Piscatorial uses. APPLICATION FOR STORAGE RIGHTS 3. Name of Structure: Brezden Pond No. 1. A. Location of Dam: 2320 feet FSL, 850 feet FEL, NE 1/4 SE 1/4 Section 33, Township 13 South, Range 72 West. B. Name and Capacity of Ditches used to fill reservoir, and legal descriptions of points of diversion: Brezden Pond No. 1 will be filled by Brezden Spring No. 1 and Brezden Spring No. 2 as described in Paragraphs 2. A. and 2. B. above. C. Sources: Brezden Springs No. 1 and 2, runoff and drainage. D. Date of Appropriation: July 24, 2006. E. How appropriation was initiated: Filing of this Application. F. Amount claimed: 0.70 acre feet, conditional, with a right to fill and refill as sources are in priority. G. Uses: Recreation, Fish and Wildlife, and Piscatorial. H. Surface area at high water line: 0.15 acres. i. Maximum Height of Dam in feet: 5 feet. ii. Length of Dam in feet: 50 feet. Total capacity of reservoir in acre feet: 0.70 acre feet. Iii. Active Capacity: 0.50 acre feet iv. Dead Storage: 0.2 acre feet. 4. Name of Structure: Brezden Pond No. 2. A. Location of Dam: 2490 feet FSL, 590 feet FEL, NE 1/4 SE 1/4 Section 33, Township 13 South, Range 72 West. B. Name and Capacity of Ditches used to fill reservoir, and legal descriptions of points of diversion: Brezden Pond No. 2 will be filled by Brezden Spring No. 1 and Brezden Spring No. 2 as described in Paragraphs 2. A. and 2. B. above. C. Sources: Brezden Springs No. 1 and 2, runoff and drainage. D. Date of Appropriation: July 24, 2006. E. How appropriation was initiated: Filing of this Application. F. Amount claimed: 0.40 acre feet, conditional, with a right to fill and refill as sources are in priority. G. Uses: Recreation, Fish and Wildlife, and Piscatorial. H. Surface area at high water line: 0.05 acres. i. Maximum Height of Dam in feet: 8 feet ii. Length of Dam in feet: 30 feet. I. Total capacity of reservoir in acre feet: 0.40 acre feet. i. Active Capacity: 0.40 acre feet. ii. Dead Storage: 0 acre feet. 5. Name and address of land where structures will be located: Applicant owns the land upon which the structures listed herein will be located. 06CW168. THOMAS BARENBERG, 8065 Brandon Drive, Littleton, CO 80125, through his attorneys, Robert E. Schween, P.C., Robert E. Schween, Atty. Reg. #12923, 8231 So. Winnipeg Cir., Aurora, CO 80016. Tele: 303.690.8451. APPLICATION FOR NONTRIBUTARY AND NOT NONTRIBUTARY GROUND WATER RIGHTS IN THE LOWER DAWSON, DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AQUIFERS, IN DOUGLAS COUNTY. 2. Well Permits: Well permit applications for the wells to be constructed pursuant to this application and subsequent decree will be applied for at such time as Applicant is prepared to construct such wells pursuant to the terms of the decree to be entered in this matter. 3. Names, Description, and Estimated Depths of Wells: A. The wells which will withdraw ground water from each aquifer underlying the land described in paragraph 10 below will be located on Applicant's property, consisting of 222 acres, more or less, in Sections 10 and 11, Township 7 South, Range 68 West of the 6th P.M., in Douglas County, Colorado. See Exhibit A, General Location Map, Exhibit B, Site Location Map, and Exhibit C, Property Legal Description, attached hereto. Applicant requests the right to construct such wells anywhere on the described property to recover the entire allowable annual amounts from each aquifer. B. The estimated depths to the base of the aquifers at the location of Applicant's property are as described in the Denver Basin Rules, 2 CCR 402-6. Actual well completion depths will comply with

the well permit, but may vary slightly from the permitted depth depending on the topography at any particular location. 4. Source of Water Rights: A. Not-Nontributary Ground Water. The ground water contained in the Denver aquifer at this location is not-nontributary ground water as defined at § 37-90-103 (10.7), C.R.S. Applicant may not obtain a well permit and withdraw such not-nontributary ground water until an augmentation plan is judicially approved for the replacement of injurious stream depletions caused thereby. See § 37-90-137(9), C.R.S. No such plan is sought by this application. B. Nontributary Ground Water. The ground water contained in the Arapahoe and Laramie-Fox Hills aquifers at this location is not-nontributary ground water as defined at § 37-90-103 (10.7), C.R.S. Applicant may obtain a well permit, withdraw, and fully consume such nontributary ground water, except that Applicant must relinquish two-percent (2%) of such ground water withdrawn to the stream system, as required by the Denver Basin Rules. Such relinquishment may be by any means selected by the Applicant. 5. Background: Applicant files this application for water rights pursuant to § 37-92-203, C.R.S., as a water matter concerning nontributary and not-nontributary ground water. Applicant is the owner of the overlying land as described herein (“Applicant’s Property”). 6. Date of Initiation of Appropriation: Not Applicable. 7. Right to Ground Water Claimed Herein: A. Applicant seeks a decree for all ground water determined to be available from the named aquifers underlying the three tracts of land described herein based upon a statutory aquifer life of 100 years. B. Applicant asserts that withdrawal in the average annual amounts determined to be available from the named aquifers can be made pursuant to § 37-90-137(4) and (9), C.R.S., without causing material injury to the vested rights of others. A separate Court-approved plan for augmentation must be obtained before any such not-nontributary ground water adjudicated herein may be produced. 8. Estimated Amounts and Rates of Withdrawal: A. Estimated Average Annual Amounts Available: The estimated average annual amounts of withdrawal available from the named aquifers underlying Applicant’s Property are based upon interpretations of information contained in the Denver Basin Rules, 2 C.C.R. 402-6. Aquifer Acres Sand Thickness Sp. Yield Avg. Ann. Amount Lower Dawson 222 100 Feet 20 % 44.4 AF Denver 222 200 Feet 17 % 75.5 AF Arapahoe 222 280 Feet 17 % 105.7 AF Laramie-Fox Hills 222 150 Feet 15 % 50.0 AF B. Final Amounts. The final average annual amounts available from each aquifer will depend upon the actual hydrogeology and the legal entitlement of Applicant to all ground water in the subject aquifers underlying Applicant’s Property. C. Average Pumping Rates: The average pumping rates for wells to be completed into the three named aquifers are expected to vary from 15 to about 250 gpm. Applicant requests that the pumping rates for each well may be as great as necessary to withdraw the full annual allocation of water from each named aquifer. 9. Well Fields: Subject to obtaining an adequate Court approved augmentation plan therefor, Applicant has the right to withdraw all of the legally available ground water in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying the property described in paragraph 11 below, through any well(s) initially permitted in each aquifer and any additional well(s) which may become part of the Applicant's well field. Applicant requests that the initial well(s) permitted, along with any additional well(s) completed into the same aquifer, shall be treated as a well field. As additional wells are constructed, well permit applications will be filed in accordance with § 37-90-137(10), C.R.S. 10. Proposed Uses: A. Applicant requests the right to use all ground water subject to this application. Such water is to be used, reused, successively used and, after use, leased, sold or otherwise disposed of for the following beneficial purposes: domestic, industrial, agricultural, commercial, irrigation, stock watering, storage, recreational, fish and wildlife propagation, fire protection, and any other beneficial purposes, to be used on or off the land described in Paragraph 11. B. Such water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange

purposes, for replacement of stream depletions resulting from the use of water from other sources, and for augmentation purposes. 11. Description of the Land Overlying Subject Ground Water: The property overlying the ground water claimed herein consists of three tracts of land with a total acreage of 222 acres, more or less, located in Douglas County, and generally described as follows: Tracts in the E1/2 of Section 10 and the W1/2 of Section 11, Township 7 South, Range 68 West of the 6th P.M., in Douglas County, also known as the Hobbs Property, Parcel ID Nos. 0357954, 0357955, 0357956, 0357963, 0357964, and 0378194, Douglas County. See General Location Map, Exhibit A, Site Location Map, Exhibit B, and Property Legal Description, Exhibit C. 12. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to §§ 37-92-302(2) and 37-90-137(6), C.R.S. 13. Name of Owner of the Land on Which Structures are Located: The owner of the overlying land area described herein, is the Applicant, Thomas Barenberg. 14. Additional Remarks: A. Applicant requests the Court enter a decree granting: (1) A quantification and adjudication of the ground water rights in the aquifers named herein to which Applicant is entitled to develop and use; (2) The right to adjudicate an augmentation plan for use of such not-nontributary ground water herein at a later date under a separate caption and case number; (3) The right to withdraw more than the average annual amount estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7; and (4) The right to revise the above estimate of the average annual amounts available for withdrawal upward or downward, based on better or revised data, without the necessity of amending this application or republishing same. B. In compliance with House Bill 93-1060 (§ 37-92-302(2)(b), C.R.S.), Applicant will, within ten (10) days after filing this application, supplement this application with evidence that Applicant has given notice of the filing of this application by certified mail, return receipt requested, to every record owner of the overlying land and to every person who has a lien or mortgage on, or deed of trust to, the overlying land recorded in the county in which the overlying land is located. WHEREFORE, Applicant Thomas Barenberg requests a ruling and decree granting the application herein and awarding the ground water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained, so that the State Engineer may issue well permits for such well(s) as Applicant requests under this decree, subject to the limitations described in such ruling and decree. Further, Applicant requests that the ruling and decree find that -- (1) Applicant has complied with § 37-90-137(4), C.R.S., and ground water is legally available for withdrawal from the named aquifers through wells to be located on the Applicant's property, EXCEPT THAT withdrawals of not-nontributary ground water may not be withdrawn until an augmentation plan is approved therefor; (2) Jurisdiction is to be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicant's Property, pursuant to § 37-92-305(11), C.R.S.; (3) Applicant or his successors may construct wells into the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers anywhere on the subject property, so long as statutory well spacing requirements are met, without the necessity of filing any further amendments to this application, republishing this application, or reopening the decree to be awarded; (4) Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals proposed herein; (5) In accordance with § 37-92-305(11), C.R.S., no findings of reasonable diligence are required to maintain the water rights applied for herein; and (6) The nature and extent of the water rights claimed herein are defined by § 37-90-137(4), C.R.S., and the withdrawals sought to be made are based upon an aquifer life of 100 years and upon the quantity of ground water, exclusive of any artificial recharge, underlying the land shown on Exhibit A and Exhibit B, and as described in Exhibit C hereto. FURTHER, Applicant requests this Court grant such other relief as it deems proper in the premises. 6 pages.

06CW169, Name, Address and Telephone Number of Applicant: Vern and Carolyn Kammerzell of 12614 Highway 60, Milliken, Colorado 80543. Phone number (970) 587-2180, c/o Kaylea M. White, Lind, Lawrence and Ottenhoff LLP, 335 Eastman Park Drive, Suite 200, Windsor, CO 80550, (970) 674-9888. APPLICATION FOR CHANGE OF WATER RIGHTS IN WELD COUNTY. Applicants submit this change of water right to correct a mistake on Decree No. W-1009, which was issued on March 21, 1972. 2. Name of Structure: Well No. 12065 a. Legal Description: Located at a point 498 feet north of the south line and 2417 feet east of the west line of Section 6, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. b. Source: Groundwater c. Date of Appropriation: December 31, 1937 d. Amount: 2.66 cubic feet per second (1200 gallons per minute). e. Use: Irrigation of 80 acres of land in Section 6, T4N, R66W of the 6th P.M. in Weld County, Colorado. 3. Requested correction: Applicant seeks to correct the place of use, which was erroneously cited as Section 6 T4N, R66W. The correct location for place of use is in the south 1/2 of Section 6 and the north 1/2 of Section 7 of the same Township and Range. See Map and Deed, attached hereto as Exhibit “A” and Exhibit “B.” Well No. 12065 has always irrigated these same 80 acres in Sections 6 and 7. This well will continue to irrigate the same acreage and in the same location it has historically. See Applicant’s affidavit, attached hereto as Exhibit “C.” 4. Applicants own the lands upon which the Well No. 12065 is located. Applicant owns the well and the land upon which the water is used. 06CW170 CATHERINE ROBERTS, PO Box 250, Livermore, CO 80536. Telephone: 970-493-5563. APPLICATION FOR WATER RIGHTS (SURFACE) IN LARIMER COUNTY. Name of structure: Royston Spring #1, located NW1/4, SW1/4, S34, T10N, R70W of the 6th PM at a distance 1640 feet from South and 875 feet from West. Source: Natural spring. Date of initiation of appropriation: May 2006. How appropriation was initiated: Improved Spring. Date water applied to beneficial use: May 2006. Amount claimed: .033 absolute. Use: to provide dependable water source for livestock. 06CW171, MARK AND DEBORAH WILLARD, 905 Private Road 112, Elizabeth, CO 80107, through their attorneys: Petrock & Fendel, P.C., Scott M. Huyler, Atty. Reg. #27342, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702 APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, IN ELBERT COUNTY. 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 40 acres of land located in the NE1/4NE1/4 of Section 15, T9S, R65W of the 6th P.M., as shown on Attachment A hereto. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property subject to Section 37-90-137(4), C.R.S. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in Section 37-90-103(10.5), C.R.S. The groundwater to be withdrawn from the Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicants estimate that the following annual amounts are representative of the Upper Dawson, Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: Saturated Estimated Aquifer Thickness Annual Amount

Upper Dawson 232 feet 18.6 acre-feet(NNT) Lower Dawson 137 feet 10.9 acre-feet(NT) Denver 237 feet 16.1 acre-feet(NT) Arapahoe 229 feet 15.6 acre-feet(NT) Laramie-Fox Hills 195 feet 11.6 acre-feet(NT) Applicants will reserve part of the Upper Dawson aquifer water which may be available for use through exempt Well Permit No. 166652. 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein and any additional wells which may be completed in the future as Applicants' well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: The water will be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: domestic, industrial, commercial, irrigation, livestock watering, recreational, and fish and wildlife. Said water will be produced for immediate application to said uses, both on and off the Subject Property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. 06CW172, (Civil Action No. 11217, District Court, Larimer County, Colorado, Case No. W-3685, District Court, Water Division No. 1, State of Colorado), District Court, Water Division No. 1, State of Colorado, 901-9th Avenue, Greeley, CO 80632. Concerning the Application for Change of Water Right of Applicants, Albert J. Dinner, Melvin Dinner, William M. Dinner, Lynn Dinner, Dara Lisa Dinner, David Walker and Rae Barnett Weiland Trustee of the Rae Weiland Revocable Trust dated August 1, 1983, in WELD COUNTY, Colorado. Attorney for Applicants: Melvin Dinner (#592), 822-7th Street, Suite 540, Greeley, CO 80631, Phone Number (970) 352-2081. APPLICATION FOR CHANGE OF WATER RIGHT. On September 10, 1953 in the Matter of the Adjudication of Priorities of Rights to the Use of Water for Irrigation and Other Beneficial Purposes in Water District No. 3, Water Division No. 1, State of Colorado in Civil Action No. 11217 in the Larimer County District Court, State of Colorado, Decree was entered by the Honorable Claude C. Coffin, District Court Judge, pertaining to the Dinner (Uhrich) Well No. 1 and the additional well (Permit No. 11826) and Dinner (Uhrich) Well No. 2 . The above described Decree obtained in Case No. 11217, District Court, Larimer County, Colorado, provided that the Dinner (Uhrich) Well No. 1 and the additional well with Subterranean Water Well Priority No. 113 S.W. as of January 31, 1936 at a rate of 1.225 cfs (550 gpm); that the above described Decree obtained in Case No. 1 1217, District Court, Larimer County, Colorado provided that said Dinner (Uhrich) Well No. 2 with Subterranean Water Well Priority No. 113 S.W. as of date of January 31, 1936 at a rate of 0.668 cfs (300 gpm). Thereafter Water Court proceedings were commenced in the Water Court in and for Water Division No. 1, State of Colorado in Case No. W-3685 and Findings and Ruling of the Referee were entered March 14, 1975 and said Ruling was subsequently confirmed and approved and made the Judgment and Decree of said Water Court on April 3, 1975 by the Honorable Donald A. Carpenter, Water Court Judge of Division 1. That the irrigation wells described as Dinner (Uhrich) Well No. 1 and 2 under Permit Nos. 11826 and 11827, and the additional well utilized as a siphon unit and underground pipeline attachments are presently the same basic identical

wells or replacements thereof. That the water produced and diverted from said wells are utilized and have been utilized and are now currently being utilized for irrigation of crops on the East 20 acres of the NW/4 of Section 23, and the W/2NE/4 of Section 23 ,Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado. That the Applicants hereinabove named are the owners of the above described property and the irrigation wells as hereinabove described. That the Applicants propose to vacate the Carpenter Decree and are requesting a reclassification of the Dinner (Uhrich) well rights as provided by the original Coffin Decree entered September 10, 1953 in Case No. 11217 in the District Court in and for Larimer County, Colorado rather than as they are currently classified by the Carpenter Decree entered April 3, 1975 in Case No. W-3685 in the Water Court, Water Division 1, State of Colorado. That historically the wells and irrigation water derived therefrom and/or replacements is identical in form and usage since the time of appropriation in 1936, or in other words, for a period of over 70 years. Wherefore Applicants respectfully request that the Court vacate the Carpenter Decree and reconfirm and reclassify the Dinner (Uhrich) well rights as provided by the original Coffin Decree. 06CW173, ABBEY OF ST. WALBURGA, 32109 N. U.S. Highway 287, Virginia Dale, CO 80536, through their attorneys, Petrock & Fendel, P.C., Scott M. Huyler, Atty. Reg. #27342, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN LARIMER COUNTY. 2. Decree Information: Decreed on July 21, 2000, in Case No. 99CW213, District Court, Water Division 1. 3. Name and location of structure: Abbey Pond, located in the NE1/4NE1/4 of Section 8, T11N, R71W of the 6th P.M., at a point approximately 200 feet from the east and 1000 feet from the north section line of said Section 8. 4. Source of water: Abbey Spring and Fish Creek, a tributary of Dale Creek, a tributary of the Cache La Poudre River. 5. Date of appropriation: September 8, 1997. 6. Amount of water claimed: 2 acre-feet and 1 refill right (conditional). 7. Conditional uses: Domestic, commercial, fire protection, recreation, wildlife and fish propagation, irrigation of lawn and garden area around the main building not to exceed 0.5 acres, and replacement and augmentation purposes. 8. This Application for Finding of Reasonable Diligence is filed pursuant to the Water Right Determination and Administration Act of 1969, §37-92-302, C.R.S. During this diligence period, in continuing the development of the conditional water rights, Applicant has been engaged in the legal defense and protection of said water rights and has been diligent in the development of the water rights involved. Those activities include but are not limited to the following: A. In August, 1997, the Abbey relocated from Boulder to the current site in Virginia Dale. In October, 1999, construction of the monastery building was completed. B. The pond was constructed and filled in 1998 and is used for fire protection purposes for the monastery building. Engineering of the pond and fire protection system for the monastery building was designed by Barrett Steele Architecture. The pond was constructed and lined at a cost of $117,063. Construction was completed by Gerald H. Phipps, Inc. The fire protection system, including a pump house and pumping and sprinkler systems were constructed at a cost of approximately $100,000. During the diligence period, Applicant has continued to keep the pond full when in priority for fire protection purposes. The pond is equipped with an aerator and has also been stocked with fish. C. In decree entered on December 9, 2002, in Case No. 2000CW257, Applicant obtained approval of a plan for augmentation which requires water to be stored in the pond for augmentation and replacement purposes. The development of the Abbey property is ongoing and additional uses will be required from the pond as development continues. D. Applicant continues to maintain and repair the pond for continued efficient storage and use of the water rights. 06CW174 MYRON R. OVERTON and JULI L. OVERTON, 2880 Arnold Avenue, Monument, CO 80132. Henry D. Worley, MacDougall, Woldridge & Worley, PC, Attorneys for Applicant, 530 Communication Circle, Suite 204, Colorado Springs, CO 80905 (719) 520-9288.

APPLICATION FOR DENVER BASIN WATER RIGHTS, IN EL PASO COUNTY. 2. Names of wells and permit, registration, or denial numbers: Well permit no. 228830 (the Αexisting Dawson aquifer well≅). It is permitted for household uses only. 3. Legal description of wells: The existing Dawson aquifer well is located on Applicants= 5.27 acre property in the SW1/4 Section 22, T. 11 S., R. 67 W., 6th P.M., in El Paso (the ΑProperty≅). One well in each of the Denver, Arapahoe and Laramie-Fox Hills aquifers may be located anywhere on the Property. 4. Sources: Not nontributary Dawson aquifer; not nontributary Denver aquifer; nontributary Arapahoe aquifer; nontributary Laramie-Fox Hills aquifer. 5.A. Date of appropriation: Not applicable. 5.B. How appropriation was initiated: Not applicable. 5.C. Date water applied to beneficial use: Not applicable. 6. Amount claimed: The maximum amount of water available for appropriation underlying the Property, which is described as Lot 4, Block 2, Pine Hills subdivision. A portion of the Pine Hills plat map which shows its dimensions is attached as Exhibit A for the purpose of enabling the State Engineer to issue Determinations of Fact. The amounts claimed for appropriation and withdrawal are as follows: Dawson aquifer: 15 g.p.m., 130 acre feet total, 1.3 acre foot annually, absolute; Denver aquifer: 15 g.p.m., 290 acre feet total, 2.9 acre feet annually, absolute; Arapahoe aquifer: 15 g.p.m., 360 acre feet total, 3.6 acre feet annually, absolute; Laramie-Fox Hills aquifer: 15 g.p.m., 150 acre feet total, 1.5 acre feet annually, absolute. The above amounts will be changed in any decree entered herein to conform to the State Engineer's Determinations of Fact. The water court will be asked to retain jurisdiction over such decree to enter a final determination of the amount of water available for appropriation from each aquifer based on geophysical logs for such wells. 7. Proposed use: All beneficial uses including augmentation and exchange. 8. Name and address of owner of land on which well is located: The well is located on Applicants= land. 9. Remarks: The property is subject to one lien of record. As required by C.R.S. 37-92-302(2)(c), written notice of this application was given by certified mail to the lienholder, Strongtower Mortgage Company; a copy of that letter is attached as Exhibit B. II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. 10. Structures to be augmented: The existing Dawson aquifer well and one Denver aquifer well. No water rights other than the water rights decreed herein shall be diverted from these well. 12. Previous decrees for water rights to be used for augmentation: None. 13. Historic use: Not applicable. 14. Statement of plan for augmentation: Applicants= Dawson aquifer well is permitted for indoor uses only. Applicants wish to obtain, through a plan for augmentation, permission to use the Dawson aquifer well for incidental commercial purposes, such as an in-home office, landscaping (lawn and home gardens, decorative water features), livestock watering, hot tub and/or swimming pool and augmentation uses. In addition, concerns about the long-term viability of the Dawson aquifer well prompt the Applicants to seek approval at this time of a plan for augmentation for a Denver aquifer well in the event that the Dawson aquifer well ceases producing adequate water for the Applicants= decreed uses. Such augmentation plans would operate consecutively, not concurrently. The Dawson well will be allowed to pump 0.6 acre feet annually. Indoor uses are expected to equal 0.3 acre foot per year, with return flows from nonevaporative septic tank and leach field (septic system) equal to 90% of such uses, or 0.27 acre foot annually. Depletions as a percentage of withdrawals are expected to increase to 12.27 percent of pumping, or 0.07 acre foot, in the 100th year of pumping. Return flows from the septic system will equal exceed stream depletions during the entire pumping period for the Dawson aquifer, and no additional augmentation is required during that period. The Dawson aquifer shall be allowed to pump at a rate of 0.6 acre foot annually until such time as 130 acre feet has been pumped, or until the aquifer no longer produces an adequate amount of water. At the time pumping ceases, Applicant shall at that time cause a depletion analysis to be made, using methods commonly accepted at that time, to determine the post-pumping depletions. After cessation of pumping from the Dawson aquifer, Applicant shall be allowed to construct a well in the Denver aquifer, which may be pumped at a rate of 0.6 acre foot annually. The Denver

aquifer shall be allowed to pump at a rate of 0.6 acre foot annually until such time as 290 acre feet have been pumped, or until the aquifer no longer produces an adequate amount of water. The Denver aquifer in this location requires replacement of 4 percent of the water pumped on an annual basis, or 0.02 acre feet annually. Applicant shall use septic system return flows from the Denver aquifer well, which will equal 0.27 acre foot annually, to replace both the ongoing stream depletions caused by pumping the Denver aquifer water, and also post-pumping depletions caused by pumping water from the Dawson aquifer water. At the end of all pumping of their Dawson and Denver aquifer water, Applicants will use their nontributary Arapahoe and Laramie-Fox Hills aquifer water for the replacement of post-pumping depletions attributable to pumping both the Denver and the Dawson aquifer. At such time, Applicant shall cause a depletion analysis to be made, using methods commonly accepted at that time, to determine the combined post-pumping depletions from the Denver and Dawson aquifer. This application was previously published in a different form in Water Division 2, and is being filed as an amended application in Division 2 at this time. Applicants will seek to consolidate the two applications in Water Division 2, where the property is located. 06CW175, TOWN OF BENNETT, 355 4th Street, Bennett, CO 80102-7806, through their Attorneys: Petrock & Fendel, P.C., Matthew S. Poznanovic, Atty. Reg. #29990, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702, APPLICATION FOR WATER STORAGE RIGHT, IN ARAPAHOE COUNTY. REQUEST FOR APPROVAL OF WATER STORAGE RIGHTS 2. Name of Reservoir: East Antelope Hills Lake 3. Location: East Antelope Hills Lake is located on channel in the SW1/4 NW1/4 of Section 13 and the SE1/4 NE1/4 of Section 14, Township 4 South, Range 63 West of the 6th P.M., Arapahoe County. The Lake is at a point approximately 2,097 feet from the North and 328 feet from the West section lines of said Section 13, as shown on Attachment A hereto. The Lake is lined. 4. Source: storm runoff on an unnamed tributary to Wolf Creek. 5. Amount claimed: 38 acre-feet and the right to refill (conditional). 6. Date of appropriation: April 28, 1998. How appropriation initiated: Intent to appropriate water for beneficial use, approval of annexation agreement and filing application. Construction of the Lake. Diversion and storage of water. 7. Uses: domestic, commercial, irrigation, fish and wildlife, recreation, and piscatorial. 8. Size of Reservoir: 8.1 Surface Area: Approximately 3.5 acres 9. Total Capacity of Reservoir: 9.1 Active Capacity: 38 acre-feet. 10. Place of Use: The subject water right will be used for the above-described uses at the Antelope Hills Golf Course and additional lands generally located in Section 14, Township 4 South, Range 63 West of the 6th P.M., Arapahoe County, Colorado. 11. Names and addresses of owners of land upon which structure for the water right is located: 11.1 Ironwood Golf Properties of Colorado, LLC., 600 Antelope Drive West, Bennett, CO 80102. 06CW176 CENTENNIAL LIMITED LIABILITY CO. III, Tabor Center, 1200 17th Street, Suite 850, Denver, CO 80202. Adam DeVoe, Brownstein Hyatt & Farber, P.C., 410 17th Street, 22nd Floor, Denver, CO 80202. APPLICATION FOR FINDING OF DILIGENCE IN DOUGLAS. Introduction: This is a diligence application for the single direct flow right and multiple storage rights conditionally decreed in Case No. 98CW471, District Court, Water Division 1 (the "Original Decree"). Specifically, the Original Decree: Adjudicated a conditional direct flow right for the West Plum Creek Diversion; and Adjudicated two new storage structures, Pond #2B and Pond #13, on the Applicant's approximately 1365 acres of land located in parts of Section 20, 21, 22, 27, 28 and 29, Township 8 South, Range 68 West of the 6th P.M. (the "Property"); and Adjudicated conditional enlargement storage in three ponds to be constructed on the Property, Pond #1, Pond #2A and Pond #4, which were originally decreed as conditional in Case No. 97CW193; and Adjudicated additional conditional uses and sources of water for Ponds #1, #2A, #3A, #3B, #4, #5, #6, #7, #8, #9, #10, #11, and #12, which also were originally decreed in Case No. 97CW193. The Water Court issued a diligence decree for the underlying conditional

rights decreed in Case No. 97CW193 on July 11, 2005, in Case No. 04CW214. There is currently pending in Consolidated Case Nos. 2000CW018, 2000CW111, and 2000CW129, an application seeking to change the conditional water rights which are the subject of this diligence Application and the water rights conditionally decreed in Case No. 97CW193. However, this application seeks a finding of diligence only for the rights as decreed in Case No. 98CW471. Name of the structures: A. West Plum Creek Diversion; B. Ponds #1, #2A, #2B, #3A, #3B, #4, #5, #6, #7, #8, #9, #10, #11, #12 and #13, decreed in Case No. 97CW193, District Court, Water Division 1. 3. Describe conditional water rights: A. Date of Original Decree: July 21, 2000. B. Legal Descriptions: i. West Plum Creek Diversion is to be located in the NE1/4 of the NW1/4 of Section 23, and/or in the SE1/4 of the SW1/4 of Section 14, Township 8 South, Range 68 West of the 6th P.M., at a point approximately on the north section line and approximately 2250 feet east of the NW corner of said Section 23. ii. Ponds: (a) Pond #1: The Pond will be located in the NE 1/4 of Section 21, T8S, R68W of the 6th P.M., at a point approximately 1245 feet from the east and 10 feet from the north section line of said Section 21. (b) Pond #2A: The pond will be located in the NE 1/4 of Section 21, T8S, R68W of the 6th P.M., at a point approximately 577 feet from the east and 10 feet from the north section line of said Section 21. (c) Pond #2B will be located in the NE1/4 of Section 21 and the NW1/4 of Section 22, Township 8 South, Range 68 West of the 6th P.M., at a point approximately 1250 feet from the west and 300 feet from the north section line of said Section 21. (d) Pond #3A and 3B: The ponds will be located in the NE 1/4 of Section 21, T8S, R68W of the 6th P.M., at a point approximately 363 feet from the east and 630 feet from the north section line of said Section 21. (e) Pond #4: The pond will be located in the SW 1/4 of Section 22, T8S, R68W of the 6th P.M., at a point approximately 350 feet from the west and 1642 feet from the south section line of said Section 22. (f) Pond #5: The pond will be located in the SE 1/4 of Section 21, T8S, R68W of the 6th P.M., at a point approximately 895 feet from the east and 1584 feet from the south section line of said Section 21. (g) Pond #6: The pond will be located in the SE 1/4 of Section 21, T8S, R68W of the 6th P.M., at a point approximately 1311 feet from the east and 2411 feet from the south section line of said Section 21. (h) Pond #7: The pond will be located in the NE 1/4 of Section 28, T8S, R68W of the 6th P.M., at a point approximately 1461 feet from the east and 1165 feet from the north section line of said Section 28. (i) Pond #8: The pond will be located in the SW 1/4 of Section 21, T8S, R68W of the 6th P.M., at a point approximately 2856 feet from the east and 75 feet from the south section line of said Section 21. (j) Pond #9: The pond will be located in the NW 1/4 of Section 28, T8S, R68W of the 6th P.M., at a point approximately 3078 feet from the east and 255 feet from the north section line of said Section 28. (k) Pond #10: The pond will be located in the NW 1/4 of Section 28, T8S, R68W of the 6th P.M., at a point approximately 1131 feet from the west and 1039 feet from the north section line of said Section 28. (l) Pond #11: The pond will be located in the NW 1/4 of Section 28 and the NE 1/4 of Section 29, T8S, R68W of the 6th P.M., at a point approximately 141 feet from the west and 1445 feet from the north section line of said Section 28. (m) Pond #12: The pond will be located in the NE 1/4 of Section 29, T8S, R68W of the 6th P.M., at a point approximately 532 feet from the east and 1788 feet from the north section line of said Section 29. (n) Pond #13 will be located in the S1/2 of Section 28, Township 8 South, Range 68 West of the 6th P.M., at a point approximately 2440 feet from the east and 2590 feet from the south section line of said Section 28. Consolidated Case Nos. 2000CW018, 2000CW111, and 2000CW129 seeks to change the water rights decreed in Case No. 97CW193 and 98CW471 to allow storage anywhere on the Applicant's property. This application only seeks a finding of diligence for the storage rights, enlargement of storage rights, and additional uses and sources decreed in Case No. 98CW471. C. Sources: i. West Plum Creek Diversion: West Plum Creek, a tributary to the South Platte River; ii. Ponds #2B and #13: Jackson Creek, a tributary of West Plum Creek, through the Jackson Creek Highline Ditch First Enlargement and alternate points of diversion as decreed in Case No. 97CW193, District Court, Water Division 1; West Plum Creek, a tributary of the South Platte River, through the West Plum Creek Diversion;

and not nontributary Denver, Arapahoe and Laramie-Fox Hills aquifer groundwater as decreed in Case No. 97CW076, District Court, Water Division 1. iii. In addition to the sources of water decreed in Case No. 97CW193, District Court, Water Division 1, for Ponds #1, #2A, #3A, #3B, #4, #5, #6, #7, #8, #9, #10, #11, and #12: storage of water from West Plum Creek through the West Plum Creek Diversion. D. Appropriation Dates: December 15, 1998 for all structures as decreed in Case No. 98CW471. Amounts: i. West Plum Creek Diversion: 10 cfs; ii. Pond #2B: 410.0 acre feet and refill; iii. Pond #13: 390.0 acre feet and refill; iv. Additional Storage Volume for Pond #1: 52.0 acre feet; v. Additional Storage Volume for Pond #2A: 88.0 acre feet; vi. Additional Storage Volume for Pond #4: 160.0 acre feet; E. Uses: i. West Plum Creek Diversion: Irrigation, recreation, commercial, domestic, and augmentation, including reuse, on the Property; Denver Basin aquifer recharge, storage, and subsequent withdrawal through wells which were decreed and described in Case No. 97CW076; storage in Pond #1, Pond #2A, #2B, Pond #3A, Pond #3B, Pond #4, Pond #5, Pond #6, Pond #7, Pond #8, Pond #9, Pond #10, Pond #11, Pond #12 and Pond #13. Reuse is for irrigation, excluding domestic, and will be used to extinction to the extent possible. ii. Ponds #2B and #13: Irrigation, recreation, commercial, domestic and augmentation, including reuse, on the Property. In addition, Denver Basin aquifer recharge, storage and subsequent withdrawal through wells which were decreed and described in Case No. 97CW076. Reuse is for irrigation, excluding domestic, and will be used to the extent possible. iii. Additional uses for Ponds #1, #2A, #3A, #3B, #4, #5, #6, #7, #8, #9, #10, #11, and #12: In addition to the uses decreed in Case No. 97CW193, commercial and domestic use on the Property, including reuse and Denver Basin Aquifer recharge, storage and withdrawal through wells which are the subject of Case No. 97CW076. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: The Applicant and its predecessors, Jackson Creek Properties, LLC, and Wincam Land Group, LLC, have expended extraordinary time, money and effort over the relevant diligence period to apply the subject rights to beneficial use. The direct flow and water storage rights conditionally decreed in Case No. 98CW471 are part of an integrated system of water rights to supply water to the Applicant's property near Sedalia, Colorado. In that regard, the Applicant and its predecessor have undertaken the following activities during the relevant diligence period: A. The Applicant and its predecessors have, through the entire diligence period, taken steps to develop an integrated water supply for the Property, which includes the subject conditional water rights. Specifically, the Applicant has: 1) filed and pursued additional water rights; 2) filed for and pursued changes to the subject conditional decreed water rights; 3) prepared detailed water supply plans and reports, including an analysis of the yield of the subject conditional water rights and other water resources on the Property; 4) sought and received from Douglas County a Water Overlay District Waiver to allow the Applicant to use Denver Basin groundwater for a portion of the Project's water demands; 5) installed monitoring devices and monitored and analyzed stream flows on Jackson Creek and West Plum Creek; 6) met with state and federal officials regarding the anticipated impacts of stream diversions from the West Plum Creek Drainage; 7) constructed and pumped a test groundwater well to assess the yield of the Denver Basin aquifers beneath the Property; and 8) pursued land use approvals from Douglas County for approval of the Headwaters Project for which the subject conditional water rights will provide necessary water supplies. B. The Applicant and its predecessors have expended substantial time, money and effort over the relevant diligence period on developing the property where the integrated water supply will be needed. This included the following activities: (1) land surveying activities, including topographic mapping, lot centroid layout, preliminary platting, preparation of various land descriptions, preliminary golf course routing and field layout, well staking and field locations, offsite diversion field locations; and (2) civil engineering services, including master potable water system layout and sizing, water storage tank sizing and location, master re-use water design, master sanitary sewer system layout and sizing, Wastewater Treatment facility sizing and

location, overall storm drainage plan development, Phase I & II drainage studies, storage pond preliminary design & grading, erosion control design measures, and preparation and review of Metropolitan District Service Plans. C. The Applicant and its predecessors expended substantial time, money and effort over the relevant diligence period on legal services for development of the integrated water plan and the property where the integrated water supply will be needed, including obtaining decrees, amending decrees, filing applications, obtaining well approvals, and engaging in litigation with Douglas County over land use approvals required to develop the property where the integrated water supply will be needed. D. The Applicant and its predecessors have spent millions of dollars during the relevant diligence period in technical and legal fees and staff time pursuing approval for the development of the Property, including, specifically, the development of the subject conditional water rights. E. The Applicant's predecessors expended substantial time, money and effort during the diligence period marketing and selling the property and the integrated water supply system. F. Since aquiring the Property and the subject conditional water rights on March 31, 2006, the Applicant has engaged water counsel and water consultants to analyze this right and pursue existing water rights matters. 5. If claim to make absolute: N/A. 6. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: N/A. 06CW177 ERIC R. HAHN, P.O. Box 332, 5491 Remington Road, Como, Colorado 80432, (719) 836-4631, APPLICATION FOR SURFACE WATER RIGHTS IN PARK COUNTY Please direct all correspondence and inquiries regarding this matter to attorneys for the Applicant, Carolyn F. Burr, Esq., Olivia D. Lucas, Esq., Ryley, Carlock & Applewhite, 1775 Sherman Street, Twenty-First Floor, Denver, Colorado 80203 (303) 863-7500 1. Introduction: By this application, Applicant, Eric R. Hahn, seeks to adjudicate absolute water rights for two springs. 2. Surface Water Rights: a. Name of Structure: Hahn Spring 1. i. Legal Description and Location: The Hahn Spring 1 is located at a point approximately 2400 feet from the North section line and approximately 1700 feet from the West section line in the SE 1/4 NW 1/4 Section 3, T10S R75W. Street address: 5491 Remington Road, the Buffalo, Filing no. 3, Lot 8, Park County, Colorado. ii. Source: Spring, tributary to Early Gulch, tributary to Tarryall Creek. iii. Appropriation Date/Date Put to Beneficial Use: April, 1995. iv. How Appropriation was Initiated: Applicant developed this spring for use by inserting a pipe into the outflow of the spring and diverting it into a tank to water livestock. v. Amount Claimed: 15 gpm, absolute. vi. Uses: Stockwatering. b. Name of Structure: Early Spring. i. Legal Description and Location: The Early Spring is located at a point approximately 2200 feet from the North section line and 1800 feet from the West section line in the SE 1/4 NW 1/4 Section 3, T10S, R75W. Street address: 5491 Remington Road, the Buffalo, Filing no. 3, Lot 8, Park County, Colorado. ii. Source: Spring, tributary to Early Gulch, tributary to Tarryall Creek. iii. Appropriation Date/Date put to Beneficial Use: April, 1995. iv. How Appropriation was Initiated: Applicant developed this spring for use by inserting a pipe into the outflow and diverting the water to a tank for stockwatering purposes. v. Amount Claimed: 15 gpm, absolute. vi. Uses: Stockwatering. 3. Name and Address of Owner of Land on Which Structures are Located: Applicant owns the land on which Hahn Spring 1 and Early Spring are located. 06CW178 CONCERNING THE APPLICATION FOR WATER RIGHTS OF: HI-POINT HOME BUILDERS IN EL PASO AND DOUGLAS COUNTIES APPLICATION FOR ADJUDICATION OF DENVER BASIN GROUNDWATER AND FOR APPROVAL OF PLAN FOR AUGMENTATION, Water Division 1

I.NAME AND ADDRESS OF APPLICANT: Hi-Point Home Builders, LLC, c/o Wayne Intermill, 4075 Arrowhead Drive, Colorado Springs, Colorado 80908. NAME AND ADDRESS OF ATTORNEY: David M. Shohet, #36675, Steven T. Monson, #11329, Felt, Monson & Culichia, LLC, 319 North Weber Street, Colorado Springs, Colorado 80903, (719) 471-1212, E-mail: dms@fmcwater.com. II. Application for Underground Water Rights. A. Legal Description of Wells. 1. Property Description. All wells will be located on Applicant’s property, consisting of 50.007 acres, more or less, described as 40 acres in the Northeast Quarter of the Southeast Quarter of Section 24, Township 12 South, Range 66 West of the 6th P.M., El Paso County, Colorado, and 10 acres of Lot 1 of S & B Subdivision, Plat No. 4670, located in the Northwest Quarter of the Southwest Quarter of Section 19, Township 12 South, Range 65 West of the 6th P.M., El Paso County, Colorado (“Property”). The Property is generally shown on the attached Exhibit A map. 2. Existing Wells. State Engineer Well Permit No. 130187 is an Exempt Domestic well currently located in the Northeast Quarter of the Southeast Quarter, Section 24, Township 12 South, Range 66 West, 6th P.M., approximately 1900 feet from the south section line of said Section 24, and 900 feet from the east section line of said Section 24. State Engineer Well Permit No. 91512 is an Exempt Domestic well currently located in the Northwest Quarter of the Southwest Quarter, Section 19, Township 12 South, Range 65 West, 6th P.M., approximately 2340 feet from the south section line of said Section 19, and 200 feet from the west section line of said Section 19. 3. Additional Wells. Seven additional wells will be drilled into the not nontributary Dawson Aquifer underlying the Property. The current permitted Dawson Aquifer Wells Nos. 130187 and 91512 will be repermitted to the decree sought herein. Denver and Arapahoe aquifers may also be drilled under this plan. Well permit applications for the wells to be drilled pursuant to this application and subsequent decree will be applied for prior to drilling wells into the Denver Basin aquifers which are the subject of this application. No exact location is requested for the proposed wells, as that information will be provided when the well permit applications are submitted. B. Water Source. 1. Not Nontributary. Applicant’s withdrawal of ground water from the Dawson, Denver, and Arapahoe aquifers of the Denver Basin underlying the Property is not nontributary. The Denver and Arapahoe aquifers underlying the Property are more than one mile from any point of contact between any natural stream, including its alluvium. Pursuant to C.R.S. §37-90-137(9)(c), the augmentation requirements for wells into the Denver and Arapahoe aquifers will require the replacement to the effected stream system of a total amount of water equal to 4 percent of the water withdrawn on an annual basis. Pursuant to C.R.S. 37-90-137(9)(c), the augmentation requirements for wells in the Dawson aquifer will require the replacement of actual stream depletions to the extent necessary to prevent any injurious effect. 2. Nontributary. The ground water that will be withdrawn from the Laramie-Fox Hills Aquifer of the Denver Basin underlying the Property is nontributary. D. Estimated Rates of Withdrawal and Ground Water Available. 1. Estimated Rates of Withdrawal. The actual pumping rates for each well will vary according to aquifer conditions and well production capabilities. The Applicant requests the right to withdraw ground water at rates of flow necessary to withdraw the entire decreed amounts. The actual depth of each well to be constructed within the respective aquifers will be determined by topography and actual aquifer conditions. 2. Estimated Average Annual Amounts of Ground Water Available. Applicant requests an absolute water right for the withdrawal of all legally available ground water in the Denver Basin aquifers underlying the Property. Said amounts may be withdrawn over the 100-year life of the aquifers as set forth in C.R.S. §37-90-137(4). The estimated average annual amounts of ground water available for withdrawal from the underlying Denver Basin aquifers are based upon the Denver Basin Rules. Applicant estimates that the following values and average annual amounts are representative of the Denver Basin aquifers underlying Applicant's Property: Saturated Total Water Annual

Average

Thickness Depth Adjudicated Withdrawal Aquifer (Feet) (Feet) (Acre Feet) (Acre Feet) Dawson 150 550 1500 15 Denver 329 1500 2800 28 Arapahoe 273 2000 2320 23.2 Laramie Fox 190 2600 1425 14.25 Hills Pursuant to C.R.S. §37-92-305(11), the Applicant further requests that the Court retain jurisdiction to finally determine the amount of water available for appropriation and withdrawal from each aquifer. E. Requested Uses. The Applicant requests the right to use the ground water for beneficial uses upon the Applicant’s Property consisting of domestic, commercial, irrigation, stock water, recreation, wildlife, fire protection, central water supply for such uses, and also for exchange and augmentation purposes. The Applicant also requests that the nontributary water may be used, reused, and successively used to extinction, both on and off the Applicant's Property subject, however, to the relinquishment of the right to consume no more than two percent of such nontributary water withdrawn. Applicant may use such water by immediate application or by storage and subsequent application to the beneficial uses and purposes stated herein. Provided, however, Applicant shall only be entitled to construct a well or use water from the not nontributary Dawson, Denver, or Arapahoe aquifers pursuant to a decreed augmentation plan entered by this Court, covering the out-of-priority stream depletions caused by the use of such not nontributary aquifers in accordance with C.R.S. §37-90-137(9)(c). F. Well Field. Applicant requests that it be permitted to produce the full legal entitlement from the respective Denver Basin aquifers underlying Property through any combination of wells constructed into each aquifer on the Property. Applicant requests that these wells be treated as a well field. Applicant requests that it be entitled to withdraw an amount of ground water in excess of the average annual amount decreed from the Denver Basin aquifers underlying Property, so long as the sum of the total withdrawals from all the wells in the aquifer does not exceed the product of the number of years since the date of issuance of the original well permit or the date of entry of a decree herein, whichever occurs first, multiplied by the average annual volume of water which Applicant is entitled to withdraw from the aquifer underlying Property. G. Description of Land Overlying Subject Ground Water: The land overlying the ground water which is the subject of this Application is located in the Northeast Quarter of the Southeast Quarter of Section 24, Township 12 South, Range 66 West of the 6th P.M., El Paso County, and 10 acres of Lot 1 of S & B Subdivision, Plat No. 4670, located in the Northwest Quarter of the Southwest Quarter of Section 19, Township 12 South, Range 65 West of the 6th P.M., El Paso County, Colorado. The Property is more particularly described in the Exhibit A showing the mapped Property containing an area of 50.007 acres, more or less. H. Name and Address of Owner of Land Upon Which Wells are to Be Located. The owners of the Northeast Quarter of the Southeast Quarter of Section 24, Township 12 South, Range 66 West of the 6th P.M., El Paso County are Marcia G. Cadigan, Bruce R. Gravette, Kristina T. Gravette, Stephen R. Acker, Suzanne G. Acker, Nina G. Topplin, and Phillip F. Topplin, c/o Suzanne G. Acker 494 Riley Ave, Worthington, Ohio, 43085. Applicant is currently under contract to purchase this property and Applicant has permission from the current land owners to file this Application. Lot 1 of S & B Subdivision, Plat No. 4670, located in the Northwest Quarter of the Southwest Quarter of Section 19, Township 12 South, Range 65 West of the 6th P.M., El Paso County, Colorado, is owned by Jon A. Brower and Andrea E. Brower, 10955 Holmes Road, Colorado Springs, Colorado, 80908. III. Plan for Augmentation. A. Structures to be Augmented. The structures to be augmented consist of up to nine wells completed or to be completed in the not nontributary Dawson, Denver and/or Arapahoe aquifers of the Denver Basin underlying the Property, including any replacement wells.

Applicant requests the right to have a central well system as an alternative for all or part of the water allotment for the individual wells. B. Water Rights to be Used for Augmentation. The water rights to be used for augmentation are during pumping the return flows of the not nontributary Dawson, Denver, and/or Arapahoe aquifer wells to be pumped as set forth in this plan for augmentation, together with water rights from the nontributary Laramie-Fox Hills aquifer for post pumping depletions. C. Statement of Plan for Augmentation. 1. Diversions. Nine augmented wells are to be used for the water supply for up to nine single family residences and other uses as stated herein upon the Applicant’s Property including irrigation of lawns, gardens and landscaping. The maximum annual pumping from each well for these uses shall be approximately 0.52 acre feet per year and a total of approximately 4.68 acre feet for all nine wells annually. The diversion and depletions numbers are approximate and may vary based on final water availability. 2. Depletions. The Applicants’ consultant has operated the State Engineer’s Denver Basin Ground Water Flow Model for the determination of stream depletions from Dawson aquifer well pumping. The actual stream depletions during the plan term are a maximum of approximately 25.70 percent of the Dawson aquifer well pumping, assuming 300 years of withdrawal under this plan. The actual stream depletions associated with the Dawson Aquifer will therefore be a maximum of approximately 0.13 annual acre feet per lot with a total stream depletion under this plan of approximately 1.20 annual acre feet for all nine lots. Attached hereto as Exhibit B are the ground water flow model Dawson Aquifer stream depletion factors. To the extent Applicant utilizes ground water in the Denver and/or Arapahoe aquifers, 4 percent of the water withdrawn on an annual basis shall be replaced to the effected stream system. 3. Replacement. Applicant’s augmentation water during the plan term will consist of septic return flows from in-house use. Waste water from the in-house residential uses will be disposed of through a non-evaporative septic systems that are determined to have return flows to the tributary stream system of 90 percent of the in-house residential pumping of 0.3 annual acre foot per residence. Therefore, return flows total 0.27 annual acre feet per residence, and 2.4 annual acre feet for all nine residences. These return flows during the period of the plan will augment the tributary stream system in an amount greater than the maximum actual stream depletion amount from the Dawson aquifer of 1.20 annual acre feet. For the Denver and Arapahoe aquifers, the 4 percent replacement requirement which totals approximately .2 annual acre feet for all nine lots are also in an amount greater than the actual depletion. Therefore, Applicant’s return flows prevent material injury to other vested water rights. Applicant believes that fifteen percent of irrigation water would accrue to the stream as return flows which could be used for additional augmentation. Applicant does not at this time, claim the irrigation return flows as part of this augmentation plan, but Applicant preserves its claim to those return flows and does not waive its rights or claims thereto. D. Filing in Both Water Divisions. This Application is being filed in both Water Divisions 1 and 2 because Dawson Aquifer depletions will occur in both divisions. The return flows set forth above will accrue to only the Arkansas River system where most depletions occur. Applicant requests that the total amount of depletions to both the South Platte River and the Arkansas River systems be replaced to the Arkansas River as set forth herein, and for a finding that those replacements are sufficient. E. Post-Pumping Depletions. For the replacement of post-pumping depletions, Applicant will reserve up to 1,425 acre feet of water from the nontributary Laramie-Fox Hills aquifer underlying the Applicant's Property, less the amount of actual stream depletions replaced during the plan pumping period. Applicant also reserves the right to substitute other legally available augmentation sources for such post pumping depletions upon further approval of the Court under its retained jurisdiction. Applicant claims that post pumping depletions will be noninjurious and do not need to be replaced, and under the Court's retained jurisdiction Applicant reserves the right in the future to so prove that post pumping depletions will be noninjurious. The reserved nontributary water will be used, as so necessary, to replace any injurious post pumping depletions. Upon entry of a decree in this case, the Applicant will be entitled to file for and receive well permits for up to nine Dawson,

Denver and/or Arapahoe aquifer wells for the uses in accordance with this Application. IV. REMARKS. Additional remarks are as follows: 1. Applicant requests a finding that it has complied with C.R.S. §37-90-137(4), and that the ground water requested herein is legally available for withdrawal by the requested nontributary wells and by the requested not nontributary wells upon the entry of a decree approving an augmentation plan pursuant to C.R.S. §37-90-137(9)(c). 2. Applicant requests a finding that it has complied with C.R.S. §37-90-137(4) and that Applicant has the permission of the current overlying land owners. 3. The term of this augmentation plan is for 300 years, however the length of the plan for a particular well or wells may be extended beyond such time provided the total plan pumping allocated thereto is not exceeded. Post pumping stream depletions will be determined as the average annual withdrawals for all wells through cessation of pumping and accrue only to the extent of actual pumping. 4. Applicant will comply with C.R.S. §37-90-137(9)(b) requiring the relinquishment of the right to consume no more than two percent of the amount of the nontributary ground water withdrawn. 5. Applicant will comply with C.R.S. §37-92-302(b) requiring this Application to be supplemented by evidence that the Applicant has, within ten days after filing the application, that Applicant has given notice of the application by registered or certified mail, return receipt requested, to every record owner of the overlying land and to every person who has a lien or mortgage on, or deed of trust to, the overlying land recorded in El Paso county in which the overlying land is located. 6. The Court will retain jurisdiction over this matter for those who object to the application to provide for the adjustment of the annual amount of ground water withdrawals to be allowed in order to conform to actual local aquifer characteristics from adequate information obtained from well drilling or test holes. 7. Before any wells are constructed, applications for well permits will be filed with the State Engineer's office, and well permits shall be granted in accordance with the decree pursuant to this application. 8. The Applicant requests a finding that vested water rights of others will not be materially injured by the withdrawals of ground water and the proposed plan for augmentation. 9. The wells shall be installed and metered as reasonably required by the State Engineer. Each well must be equipped with a totalizing flow meter and Applicant shall submit diversion records to the Division Engineer on an annual basis or as otherwise requested by the Division Engineer. The Applicant shall also provide accountings to the Division Engineer and Water Commissioner as required by them to demonstrate compliance under this plan of augmentation. 10. The Applicant intends to waive the 600 feet well spacing requirement for the wells to be located upon the Applicant’s Property. 06CW179 Parker Water and Sanitation District, c/o Frank P. Jaeger, Manager, 19801 East Mainstreet, Parker, Colorado 80134(303) 841-4627 (Robert F. T. Krassa, KRASSA & MILLER, LLC, 2344 Spruce Street, Suite A, Boulder, CO 80302, tel. 303-442-2156) APPLICATION FOR CHANGE OF WATER RIGHTS, DETERMINATION OF RIGHTS TO GROUNDWATER AND FOR APPROVAL OF WELL FIELD OPERATION IN DOUGLAS COUNTY. 2. Existing Decrees. Some of the water, wells and water rights which are the subject of this Application, are the subject of the following existing decrees. All decrees mentioned herein may be inspected at the office of the Clerk of the Water Court, and all recorded documents mentioned herein may be inspected at the office of the Douglas County Clerk and Recorder. (a)Decree entered by this Court on April 18, 1990 in Parker’s Case 87CW104 (A), and recorded April 23, 1990 at reception number 9009587, Book 0908, page 0589, records of Douglas County. (b) Decree entered by this Court on October 27, 1992 in Parker’s Case 87CW104 (B), and recorded same date at reception number 9239980, Book 1093, page 1252, records of Douglas County. (c) Decree entered by this Court in Case 94CW042 on December 16, 1996 and recorded January 8, 1997 at reception number 9701331, Book 1400, Page 1715, records of Douglas County, and concerning a Decree entered by this Court on December 19, 1985 in Stroh Ranch Development Case 83CW161 which was recorded December 31, 1985 at reception number 371641, Book 616, page 754, records of Douglas County. (d) Decree entered by this Court in

Parker's Case 95CW089 on March 31, 1997 and recorded April 15, 1997 at reception number 9719270, Book 1422, page 2382, records of Douglas County. (e) Decree entered by this Court on December 30, 2005 in Parker’s Case 99CW006, and recorded January 10, 2006 at reception number 2006002804, records of Douglas County. (f)Decree entered by this Court on December 23, 2005 in Parker’s Case 02CW227, and recorded January 10, 2006 at reception number 2006002803, records of Douglas County.(g) Decree entered by this Court on December 4, 1987, in consolidated Cases 81CW417 and 84CW386(A) upon the application of Mississippi Partnership and Michael K. Cooper respectively and recorded September 7, 2005 at reception number 2005085035, records of Douglas County. (Canyons) (h) Decree entered by this Court on June 14, 1989 in Case 84CW386(B) upon the application of Mississippi Partnership and Michael K. Cooper. (Canyons) (i)Decree entered by this Court on December 28, 1988 in Case 83CW176 upon the application of Newland investment Group and recorded March 9, 1989 at reception number 8905133, Book 844, page 339, records of Douglas County. (Horseshoe Ridge) (j) Decree entered by this Court on February 24, 2000, in Case 95CW115 upon the application of Rosie R. Hess, et al., and recorded March 8, 2000 at reception number 00015353, Book 1817, page 1494, records of Douglas County. (Parker Water - Hess 2004) (k) Decree entered by this Court on April 23, 1991, in Case 90CW038 upon the application of Denver and Dorothy Pope and recorded December 28, 1998 at reception number 98107455, records of Douglas County. (Pope - Parker Pavilions) (l) Decree entered by this Court on May 9, 1989, in Case 86CW288 upon the application of Robert W. Ellingson. (Rancho Monte Cito) (m) Decree entered by this Court on November 8, 1999, in Case 99CW16 upon the application of Rancho Monte Cito Development Corporation. (Rancho Monte Cito) 3. Parcel and Ownership Information. Parker requests that the groundwater under all of the following parcels be added to its existing well fields. All of the parcels involved in this case have been included into the District by Orders of the District Court for Douglas County in Civil Action 3121, except (l) and (o). Parker has acquired all of the groundwater underlying all of parcels (a) through (s) except any pre SB-213 groundwater owned by others. For purposes of this Application, the term "pre SB-213" means a well or groundwater which conforms to the definition at §37-90-137(5), C.R.S. All parcels are in Douglas County and all recording references are to Douglas County records. All parcels are shown on map attached hereto as Exhibit A. All decrees mentioned herein may be inspected at the office of the Clerk of the Water Court, and all recorded documents mentioned herein may be inspected at the office of the Douglas County Clerk and Recorder.(a)Canyons Parcel, located in Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 24 and 25, T. 7 S., R.67W of the 6th PM, comprising approximately 3529.165 acres. The groundwater under this parcel was conveyed to Parker by Special Warranty Deed recorded April 11, 2003 at reception number 2003050734, and Quit Claim Deed recorded April 11, 2003 at reception number 2003050735. (b) Horseshoe Ridge Parcel, located in the Southeast quarter, Section 28, T. 6 S., R. 66 W. of the 6th P.M., comprising approximately 126.09 acres. The groundwater under this parcel was conveyed to Parker by Special Warranty Deed recorded April 7, 2004 at reception number 2004034918, and Bargain and Sale Deed recorded April 7, 2004 at reception number 2004034919. (c) Jordan Crossing Parcel, located in the Northwest quarter, Section 28, T. 6 S., R. 66 W. of the 6th PM., comprising approximately 30.01 acres. The groundwater under this parcel was conveyed to Parker by Special Warranty Deed recorded May 18, 2004 at reception number 2004050800. (d) Jordan 92 Parcel, located in the Southwest quarter, Section 4, and a portion of the Northwest quarter, Section 9, T. 6 S., R. 66 W. of the 6th PM., comprising approximately 29.93 acres. The groundwater under this parcel was conveyed to Parker by Special Warranty Deeds recorded November 20, 2002 at reception numbers 2002125945 through 2002125952. (e) Lincoln Creek Village aka Patterson Floral, located in the Northeast quarter, Section 15 T. 6 S., R. 66 W. of the 6th PM., comprising approximately 10.1 acres. The groundwater under this parcel was conveyed to Parker by Real Property Inclusion Agreement and Consent Landownership Statements recorded August 30, 2004 at reception numbers 2004090457 through 2004090461. (f) Mainstreet Gate aka Gregg, located in the

Northwest quarter, Section 22,T. 6 S., R. 66 W. of the 6th PM., comprising approximately 15.13 acres. The groundwater under this parcel was conveyed to Parker by Special Warranty Deed recorded May 9, 2003 at reception number 2003069327.(g) New Horizon, located in the Southwest quarter, Section 20, T. 6 S., R. 66 W. of the 6th PM., comprising approximately 3.00 acres. The groundwater under this parcel was conveyed to Parker by Special Warranty Deed recorded February 20, 2003 at reception number 2003021985.(h) Newlin Acres, located in the Northwest quarter, Section 29, T. 6 S., R. 66 W. of the 6th PM., comprising approximately 20.00 acres. The groundwater under this parcel was conveyed to Parker by Special Warranty Deed recorded September 8, 2005 at reception number 2005085660. (i) Olde Town, located in the Southwest quarter, Section 21, T. 6 S., R. 66 W. of the 6th P.M., comprising approximately 117.367 acres. The groundwater under this parcel was conveyed to Parker by Special Warranty Deed recorded October 29, 2003 at reception number 2003156754. (j) Parker Auto Plaza, located in the Southwest quarter, Section 10, T. 6 S., R. 66 W. of the 6th P.M., comprising approximately .4459 acres. The groundwater under this parcel was conveyed to Parker by Special Warranty Deed recorded September 22, 2004 at reception number 2004098725. (k) Parker Water - Hess 2004, located in the north half and the north half of the southwest quarter of Section 25, T. 6 S., R. 67 W. of the 6th P.M. and the northwest quarter Section 30, T. 6 S., R. 66 W. of the 6th P.M., comprising approximately 541.79 acres. The groundwater under this parcel was conveyed to Parker by Special Warranty Deeds recorded January 28, 2005 at reception numbers 2005008548 through 2005008558. (l) Parker Water - Mobile Premix, located in the north half of the southeast quarter of Section 3, T. 7 S., R. 66 W. of the 6th P.M., comprising approximately 13.21 acres. The groundwater under this parcel was conveyed to Parker by Bargain and Sale Deed recorded January 3, 2001 at reception number 01000945. (m) Pope aka Parker Pavilions South, located in the Southwest quarter, Section 22, T. 6 S., R. 66 W. of the 6th P.M., comprising approximately 23.20 acres. The groundwater under this parcel was conveyed to Parker by Special Warranty Deeds recorded February 11, 2003 at reception numbers 2003018231 and 2003018232. (n) Public Service Credit Union, parcel within the Southwest quarter, Section 10, T. 6 S., R. 66 W. of the 6th P.M., comprising approximately 5.413 acres. The groundwater under this parcel was conveyed to Parker by Special Warranty Deed recorded September 8, 2005 at reception number 2005085654. (o) Rancho Monte Cito, located in the Southwest quarter of the Southwest quarter and the Southeast quarter of the Southwest quarter, Section 20, T. 6 S., R. 65 W. of the 6th P.M., comprising approximately 80 acres. The groundwater under this parcel was conveyed to Parker by Special Warranty Deed recorded April 21, 2003 at reception number 2003055747. (p) Regency, located in the Southwest quarter, Section 20, T. 6 S., R. 66 W. of the 6th P.M., comprising approximately 79.991 acres. The groundwater under this parcel was conveyed to Parker by Special Warranty Deeds recorded November 29, 2004, reception numbers 2004121350, 2004121355 and 2004121356. (q) Salisbury Heights, parcel located in the Northeast quarter, Section 28, T. 6 S., R. 66 W. of the 6th P.M., comprising approximately 41.272 acres. The groundwater under this parcel was conveyed to Parker by Special Warranty Deeds recorded May 5, 2005 at reception numbers 2005039936 and 2005039938. (r) Tallman Gulch, located in the Northeast quarter, Section 6, T. 7 S., R. 65 W. of the 6th P.M., comprising approximately 141 acres. The groundwater under this parcel was conveyed to Parker by Special Warranty Deed recorded November 29, 2004 at reception number 2004121335.(s) Village on the Green, Lot 1, Vetter Ranch P.D., located in the Southeast quarter, Section 34, T. 6 S., R. 65 W. of the 6th P.M., comprising approximately 19.695 acres. The groundwater under this parcel was conveyed to Parker by Special Warranty Deed recorded October 29, 2004 at reception number 2004111174. APPLICATION FOR CHANGE OF WATER RIGHTS 4.Change Requested. Parker requests that the Court approve the following changes in the decrees identified in foregoing paragraph 2: (a) Wells may be constructed at any location within the subject overlying lands, without restriction to well locations identified in said decrees, but subject to any decreed or stipulated setback or uniformity of development provisions of continuing validity. (b) Setback provisions

relevant to boundaries or land positions which are interior to Parker’s well fields as a result of acquisition of groundwater by Parker prior to entry of a decree pursuant to this application shall be released upon entry of such decree and shall not have continuing validity. By way of example and not by way of limitation, these include provisions regarding Stroh Ranch in the said decrees in Cases 83CW176 and 95CW115, and will include provisions regarding Colony in the said decree in case 95CW115 in the event presently ongoing inclusion negotiations with Colony are completed. Parker may request the release of setback provisions which subsequently become interior to Parker’s well fields under the Court’s retained jurisdiction in this case. (c) Provisions regarding uniformity of development of groundwater which were the result of stipulations with entities whose groundwater has subsequently been acquired by Parker prior to entry of a decree pursuant to this application shall be released upon entry of such decree and shall not have continuing validity. Parker may request the release of uniformity of development provisions with entities whose groundwater is subsequently acquired by Parker, under the Court’s retained jurisdiction in this case. (d) Parker also requests that the groundwater adjudicated in the said decrees be added to its existing well fields as more particularly set out in paragraph 14 hereof. APPLICATION FOR DETERMINATION OF RIGHTS TO GROUNDWATER 5. Application for Determination of Rights to Groundwater. Parker requests a determination of its rights to groundwater underlying parcels identified in subparagraphs (c) through (j), (l), (n) and (p) through (s) of paragraph 3 hereof, herein referred to as "the Adjudication Parcels". The amounts of groundwater under said parcels are described in paragraphs 9 and 15 hereof. Parker further requests a determination of its rights to any groundwater underlying the other parcels identified in paragraph 3 hereof which was not adjudicated in the decrees identified in paragraph 2 hereof. 6. Well Permits. No applications for well permits for wells on the Adjudication Parcels have been filed with the State Engineer’s office. Prior to any hearing or trial on the merits herein, this application will be supplemented by evidence that the State Engineer has issued or failed to issue a determination as to the facts of this application within four months of the filing of this application under §37-92-302(2), C.R.S. Initially, the wells described in or previously permitted under the decrees referenced in paragraph 2 hereof will be sufficient to withdraw all of the groundwater in each well field including the groundwater under the Adjudication Parcels. When wells are required on any of the Adjudication Parcels, application will be made pursuant to the provisions of the decree to be entered pursuant to this application. In any event, well permits will be applied for prior to construction of any wells on the Adjudication Parcels. 7.Legal Description of Wells and Subject Property. The wells which will withdraw groundwater from the not nontributary Lower Dawson and Denver aquifers, and from the nontributary Lower Dawson, Denver, Arapahoe and Laramie Fox Hills aquifers, may be located at any point on any or all of the Adjudication Parcels. The locations of these parcels are provided in subparagraphs (c) through (j), (l), (n) and (p) through (s) of paragraph 3 hereof. 8. Source of Water. The groundwater to be withdrawn from the not nontributary Lower Dawson and Denver aquifers is not nontributary as defined at §37-90-103(10.7), C.R.S. The groundwater to be withdrawn from the nontributary portions of the Lower Dawson, Denver, Arapahoe and Laramie Fox Hills aquifers is nontributary as described at §37-90-103(10.5), C.R.S., and withdrawal thereof will not, within 100 years, deplete the flow of a natural stream, including a natural stream, as defined in §37-82-101(2) and §37-92-102(1)(b), C.R.S., at an annual rate greater than one-tenth of on percent of the annual rate of withdrawal. Prior to the use of any water which is decreed as not nontributary groundwater, Parker will obtain judicial approval of a plan for augmentation in accordance with §37-90-137(9)(c), C.R.S. 9. Amounts Claimed and Pumping Rates. a. Parker claims all of the groundwater in the Lower Dawson, Denver, Arapahoe and Laramie Fox Hills aquifers legally available under each of the Adjudication Parcels. The estimated average annual amounts of withdrawal available from the subject aquifers are set forth for each parcel in paragraph 15 hereof. The wells which will withdraw the water will operate at rates of flow from approximately 100 to 1000 gpm. b. Parker requests that in the event the Court determines that any

water in the Lower Dawson, Denver, Arapahoe or Laramie Fox Hills aquifers underlying the parcels identified in paragraph 3 hereof is legally unavailable to Parker at this time because such water is within the cylinder of appropriation of one or more pre Senate Bill 213 wells and such cylinder is later reduced, or has been reduced subsequent to entry of any previous decrees upon which the estimated amounts in paragraph 15 hereof are based, that the amount of water available to Parker hereunder be increased correspondingly under the retained jurisdiction of this Court. 10. Proposed Uses. The subject wells will be used as sources of supply in a unified water system to serve the present and future service area of Parker Water and Sanitation District. All of the groundwater may be used, reused and successively used, and otherwise disposed of for municipal, domestic, industrial, agricultural, commercial, irrigation, stock watering, recreation, fish and wildlife, fire protection and other beneficial uses including augmentation, substitution and exchange. Such water may be withdrawn through the wells described herein for immediate application to beneficial use, for storage and subsequent application to beneficial use, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for all other augmentation purposes including taking credit for all return flows as augmentation for or as offsets against out-of-priority tributary depletions as provided in augmentation plan decrees of this Court. 11. Names and Addresses of Owners of Land on Which Wells Will be Located. Parker owns, or has the right to use pursuant to platted well site dedications, all well sites considered necessary at this time to withdraw the subject groundwater. 12. Adjustment of Amount. Parker requests that the Court retain jurisdiction to provide for the adjustment of the amounts of groundwater which are available for withdrawal under the Adjudication Parcels from the Lower Dawson, Denver, Arapahoe and Laramie Fox Hills aquifers, based on actual aquifer characteristics, and to authorize Parker to invoke such retained jurisdiction at any time after such data becomes available. 13.Notice. Parker is a special district, and has obtained the groundwater underlying the Adjudication Parcels which are the subject of this application for determination of rights to groundwater by deeds and other written evidence of consent. Each of said parcels described in foregoing paragraph 3 is within Parker’s water service area. Therefore, the notice provisions of §37-92-302(2)(b) are not applicable to this matter. APPLICATION FOR APPROVAL OF WELL FIELD OPERATION 14. Well Field Operation. Parker Water and Sanitation District (herein "Parker" or the "District") requests that the groundwater in the Denver Basin aquifers underlying all of the parcels described in paragraph 3 hereof be added to the District’s existing well fields as adjudicated by this Court in Parts A and B of Case 87CW104, 94CW042, 95CW089, 99CW006 and 02CW227. (a) Parker requests judicial approval of well field operation under which all of its rights to groundwater from specific aquifers, or portions of aquifers, of the Denver Basin as described herein, can be withdrawn from a minimum number of suitably located wells with maximum flexibility as to pumping rates of such wells. All wells in a given aquifer will be referred to herein as a "well field". For purposes of this definition, the nontributary and “not nontributary” portions of the Lower Dawson and Denver aquifers are considered separate well fields. The term “well field” shall include all of the rights and operational flexibility of "well field" as that term is defined in Rule 4.A.13 of the Statewide Nontributary Ground Water Rules, 2 CCR 402-7, and all of the rights \sect softlineand operational flexibility which can be attained by judicial approval for all the wells in a well field to be alternate points of diversion for each other. Six such well fields are described herein, in the "not nontributary" portions of the Lower Dawson and Denver aquifers, and in the nontributary portions of the Lower Dawson, Denver, Arapahoe and Laramie Fox Hills aquifers. (b) The wells and water rights in the said aquifers described in the above referenced decrees mentioned in foregoing paragraph 2, together with overlying lands associated therewith, and all of the groundwater in the said aquifers underlying the parcels described in foregoing paragraph 3, shall be added to the corresponding Well Field described in the District’s well field decrees entered in above described Cases 87CW104(A) and (B), 94CW042, 95CW089, 99CW006 and 02CW227, as if originally a part thereof. In addition, such additional wells as are constructed pursuant to the

provisions of the said decrees or of the decree entered pursuant to the present application, to maintain production of and to recover the amount of groundwater to which Parker is entitled from each aquifer, shall be included among the wells in said well field. (c) A map showing all of the subject parcels is attached hereto as Exhibit A and incorporated by reference. (d) Each well in the above described well fields, including additional wells, shall be designated as an alternate point of diversion for all of the other wells in that well field. (e) If Parker constructs any additional, alternate point or supplemental wells pursuant to the terms of the decrees identified in paragraph 2 hereof, or pursuant to the decree to be entered herein, each such well shall be automatically a part of the well fields requested herein without the necessity to amend this application or any decree entered herein. 15. Amounts of Water Added to Well Fields. (a) The average annual amounts of water which may be withdrawn from the Denver Basin aquifers under the requested additions to the well fields are as follows. These amounts are taken from the Decrees entered by this Court referenced in paragraph 2 hereof for the adjudication parcels, and from estimates by Parker’s engineers based on the State Engineer’s Denver Basin Rules, 2 CCR 402-6 for the other parcels. The quantities stated below are subject to adjustment pursuant to the terms of the said decrees and pursuant to the terms of any decree to be entered pursuant to this application. (NT means nontributary and NNT means "not nontributary").

Well Field Case No. AF/Yr. (Avg) Parcel

Lower Dawson NT* 84CW386A 686 Canyons

83CW176 45.9 Horseshoe Ridge

n/a 10.5 Jordan Crossing

n/a 2.4 Lincoln Creek Village

n/a 0.2 Mainstreet Gate/Gregg

n/a 6.6 Newlin Acres

n/a 41.1 Olde Town

n/a 5.4 Parker - Mobile Premix

90CW038 7.2 Pope/Parker Pavilions

86CW288 20.8 Rancho Monte Cito

n/a 10.3 Salisbury Heights

n/a 29.6 Tallman Gulch

n/a 6.1 Village in the Green

Lower Dawson NNT 84CW386B 613 Canyons

n/a 12.6 Jordan 92

n/a 0.8 New Horizon

95CW115 189.6 Parker - Hess 2004

n/a 0.1 Parker Auto

n/a 0.0 Public Service Credit Union

n/a 24.0 Regency

Denver NT 83CW176 53.5 Horseshoe Ridge

n/a 14.3 Jordan Crossing

n/a 4.0 Mainstreet Gate/Gregg

n/a 5.4 Parker - Mobile Premix

90CW038 10.1 Pope/Parker Pavilions

99CW016 50.6 Rancho Monte Cito

n/a 8.4 Salisbury Heights

n/a 76.2 Tallman Gulch

n/a 7.5 Village in the Green

Denver NNT 84CW386B 1658 Canyons

n/a 21.4 Jordan 92

n/a 2.4 Lincoln Creek Village

n/a 1.3 New Horizon

n/a 9.5 Newlin Acres

n/a 55.9 Olde Town

95CW115 221.1 Parker - Hess 2004

n/a 0.2 Parker Auto

n/a 0.0 Public Service Credit Union

n/a 36.7 Regency

Arapahoe 84CW386A 2067 Canyons

83CW176 61.2 Horseshoe Ridge

n/a 13.8 Jordan Crossing

n/a 9.5 Jordan 92

n/a 5.1 Lincoln Creek Village

n/a 6.2 Mainstreet Gate/Gregg

n/a 0 New Horizon

n/a 9.4 Newlin Acres

n/a 27.4 Olde Town

95CW115 72.8 Parker - Hess 2004

n/a 6.9 Parker - Mobile Premix

n/a 0.2 Parker Auto

90CW038 10.3 Pope/Parker Pavilions

n/a 2.2 Public Service Credit Union

99CW016 32.6 Rancho Monte Cito

n/a 36.7 Regency

n/a 25.9 Salisbury Heights

n/a 56.6 Tallman Gulch

n/a 9.4 Village in the Green

Laramie Fox Hills 84CW386A 989 Canyons

83CW176 38.3 Horseshoe Ridge

n/a 8.6 Jordan Crossing

n/a 15.1 Jordan 92

n/a 3.0 Lincoln Creek Village

n/a 4.3 Mainstreet Gate/Gregg

n/a 0.9 New Horizon

n/a 5.7 Newlin Acres

n/a 33.5 Olde Town

95CW115 142.2 Parker - Hess 2004

n/a 4.1 Parker - Mobile Premix

n/a 0.2 Parker Auto

n/a 7.1 Pope/Parker Pavilions

n/a 1.6 Public Service Credit Union

99CW016 23.5 Rancho Monte Cito

n/a 22.8 Regency

n/a 12.4 Salisbury Heights

n/a 41.2 Tallman Gulch

n/a 6.1 Village in the Green (b) The following table summarizes the average annual amounts to be added to Parker’s well fields pursuant to this Application, and the resulting total average annual amounts in each well field once the water which is the subject of the present application is added to Parker’s well fields as adjudicated in said cases 87CW104(A) and 87CW104(B), 94CW042, 95CW089, 99CW007 and 02CW227 (“previous well field decrees”). All quantities are in acre-feet per year. Well Fields From previous Added this Total well field case decrees Lower Dawson-NT 2227.0 872.1 3099.1 Lower Dawson-NNT 679.7 840.1 1519.8 Denver-NT 2317.6 230.0 2547.6 Denver-NNT 2019.2 2006.5 4025.7 Arapahoe-NT 4497.2 2453.2 6950.4 Laramie Fox Hills-NT 2838.8 1359.6 4198.4 MATTERS OF GENERAL APPLICABILITY 16. Additional Requests, Statements and Provisions. The following requests, statements and provision are applicable to Parker’s request for approval of well field operation, including alternate points of diversion, as well as its application for determination of rights to groundwater herein, unless otherwise stated. 17. Description of Land to be Irrigated. Any land served by Parker’s municipal water system. Such land is generally contained in Townships 6 and 7 South, Ranges 65, 66 and 67 West of the 6th P.M., in Douglas County, but Parker may serve others outside its boundaries pursuant to contract or its rules and regulations. 18. Additional Wells. The well fields requested herein shall include each additional well, alternate point of diversion well, supplemental well or replacement well which is necessary to withdraw all of the groundwater in each well field, including the groundwater for which adjudication is requested in paragraphs 5 through 13 hereof, may be withdrawn through such additional, supplemental and replacement wells as necessary without publishing additional notice or filing additional pleadings with the Court. 19. Banking. Parker requests the right to withdraw an amount of water in excess of the decreed allowed average annual amount of withdrawal for each well field, as long as the total amount of water withdrawn from each well field does not exceed the product of the number of years since the date of issuance of the original permit or the original decree for each water right described herein, whichever is first, times the decreed allowed average annual amount of withdrawal. 20. Pumping Rates. Parker may withdraw the total annual average amount of water provided herein for each well field from any combination of the wells in that well field. The pumping rates for each well in that well field may exceed the nominal pumping rates set forth herein or in any decree mentioned in paragraph 2, to the extent necessary to withdraw the full allocation of water from that well field, except as set forth in the Decree in Case 83CW161. 21. Water Service Entitlements. Nothing herein is intended to create any implication that the granting of the present application will affect the

entitlement of any person to receive water service from Parker. Rights to water service will continue to be governed by the applicable Inclusion Agreements, other Contracts and Agreements, and Parker’s Rules and Regulations. 22. Overlying Lands. The overlying lands which relate to the groundwater which is the subject of this application are fully described in the decrees referenced in paragraph 2, the parcel descriptions in paragraph 3 and are also shown on the map attached hereto as Exhibit A. 23.Ownership and Notice. Parker owns or has the right to use the sites upon which all structures associated with this matter will be located. Also, Parker is the record title owner of all of the water and water rights which are the subject of this Application. 24. Records. Parker will maintain such records and make such measurements of water as may be reasonable required by the Division Engineer. 25. Previous Terms and Conditions. Parker does not request any change in the terms and conditions of the existing Decrees mentioned in the foregoing paragraph 2 except as requested herein or as necessary to allow the requested well field operations. 26.Well Construction. This is not an application which will require the construction of a well within the meaning of §37-92-302(2), C.R.S. 27. Effective Dates. For purposes of applying §37-90-137(10), C.R.S., the original date of filing of well permit applications, the date of filing of the applications in cases mentioned in paragraph 2, the date of filing of applications for adjudication of the decreed underground water rights which were subsequently superseded by any decrees mentioned in paragraph 2 hereof, or the date of filing of this application, whichever is earlier and applicable, is the date which shall be used by the State Engineer when considering permits for additional wells. 28. Well Permits. Parker requests the Court to order that in considering any well permit applications, the State Engineer shall be governed by the Findings of Fact, Conclusions of Law, and Decree herein which may result from this Application and shall issue said permits in accordance with the provisions of such decree and 37-90-137(10) C.R.S., and that Parker shall not be required to submit any additional proof or evidence of matters finally determined in such decree when making application for wells to withdraw the water rights confirmed therein. Parker further requests the Court to order that any failure to construct a well necessary to produce groundwater hereunder within the period of time specified in any well permit not be deemed to extinguish the underlying right to water. 29.Non-Injury. No legal injury will occur to the owner of any vested or conditionally decreed water right from the granting of this application. 30. Jurisdiction. This Court has jurisdiction over the subject matter of this Application pursuant Sections 37-92-203(1), 37-92-302(2) and 37-90-137(6), C.R.S. AMENDMENTS 96CW158 CONCERNING THE APPLICATION FOR WATER RIGHTS OF THOMAS W. WARD AND JANA S. WARD, through their attorneys: Frascona, Joiner, Goodman & Greenstein, P.C., Joseph Adams Cope, Atty. Reg. #7633, 4750 Table Mesa Drive, Boulder, Colorado 80305-5575. AMENDED APPLICATION FOR CHANGE OF WATER RIGHTS, IN BOULDER COUNTY. 1.Name, address telephone numbers of applicants: Thomas W. and Jana S. Ward, 1431 South Cherryvale Road, Boulder, CO 80303, (303) 494-8250 (residence), (303) 442-4747 (business). 2.Nature of Amendment: The original application, filed in July 1996, sought approval of a Plan for Augmentation, to augment depletions from two structures, the Ward Pond and the Ward Supplemental Well. Applicants have changed their plans, and now seek to change the manner of use of a portion of their Cottonwood Ditch No. 2 water rights from direct flow to storage, and to add an alternate place of storage for a portion of their Baseline Reservoir water rights at the Ward Pond. The purpose of use, irrigation, and the place of use, the Ward farm, will not change. Additional beneficial uses of the stored water, recreation, piscatorial and aesthetic, will be added, but will not affect the consumption, or the timing or amount of the return flow of the water to be stored. 3.Previous decree for water rights to be changed: 1.Cottonwood Ditch No. 2 (1½ shares): A. Date entered: June 2, 18882 B. Case No.: none C. Court: Boulder County

District Court D. Type of water right: surface E. Legal description of point of diversion: 20 rods S. Base line on the Hanna farm. F. Source: South Boulder Creek G. Amount: 33.7 cfs; applicants own 1.5 shares out of a total of 20 shares, or 2.53 cfs H. Appropriation: April 15, 1863 I. Decreed use: irrigation, 1,000 acres J. Historical use: irrigation. See summary of diversion records, Exhibit 2 to the original application. 2.Baseline Reservoir (1 share): A. Date Entered and Case No.: June 21, 1926, Civil Action No. 6672 January 9, 1935 Civil Action No. 6672 (Supplemental Decree) September 28, 1953 Civil Action No. 12111 Court: Boulder County District Court B. Decreed Point of Diversion: Baseline Reservoir is located in Sections 2 and 3, Township 1 South, Range 70 West, 6th P.M., and in Sections 34 and 35, Township 1 North, Range 70 West, 6th P.M., all in Boulder County, Colorado. Water is diverted from Boulder Creek, Bear Creek and South Boulder Creek at the following points: (i) A point on the South or East Bank of Boulder Creek near the East line of the NE1/4 NE1/4, Section 35, Township 1 North, Range 71 West, 6th P.M., Boulder County, Colorado. The structure is known as the Anderson Ditch. (ii) A point on the South Bank of Bear Creek in the SW1/4 SE1/4, Section 5, Township 1 South, Range 70 West, 6th P.M., Boulder County, Colorado. The structure is known as the New Anderson Extension Ditch. (iii) A point on the East Bank of South Boulder Creek in the SW1/4 SW1/4, Section 3, Township 1 South, Range 70 West, 6th P.M., Boulder County, Colorado. The structure is known as the New Dry Creek Carrier and the Enterprise Ditch. C. Sources: Boulder Creek, Bear Creek and South Boulder Creek D. Appropriation Date and Amount: November 4, 1904, in the amount of 2,929.9 acre feet. November 29, 1922, in the amount of 1,671.7 acre feet. November 30, 1935, in the amount of 847 acre feet. December 31, 1929, in the amount of 1,395 acre feet (refill). E. Historic Use: Irrigation. Summaries of November 1 and June 1, storage contents, and water allotments to shareholders of the Base Line Land and Reservoir Company during the period 1950 through 1978, are attached as Exhibit “B.” A map depicting the location of the lands historically irrigated with Baseline Reservoir water is attached as Exhibit “C.” 4. Historical use: Applicants’ shares have historically been used for irrigation of 38.8 acres in the N1/2, SE1/4, Section 25, T 1 N, R 70 W, 6th P.M., Boulder County. See map, Exhibit 1 to original application. 5. Proposed Change: A. General. The Ward property encompasses 38.8 acres located east of North 75th Street in the north 1/2 of the southeast 1/4 of Section 25, Township 1 North, Range 70 West of the 6th Principal Meridian, Boulder County, Colorado. The location of the property is shown on Exhibit A to original application. The property has historically been irrigated with shares from Cottonwood Ditch No. 2 and Baseline Reservoir. These rights will continue to serve water to the property. The source of water for both of these water rights is South Boulder Creek. The property has been developed with a single-family home and other improvements which are supplied domestic water and water for the irrigation of one acre from an exempt well. 11.3 acres of the historically-irrigated parcel have been developed, consisting of 1.8 acres of impervious area, 0.7 acres of pond surface, 0.6 acres of lawns and gardens irrigated by the exempt domestic well, 4.9 acres of short-grass prairie grasses and trees irrigated from the pond, and 3.3 acres of unirrigated short-grass prairie. B. Historical Use. The historical irrigated area is 38.8 acres. The crops have typically been row crops such as corn. The evapotranspiration has been calculated using the modified Blaney-Criddle formula with the American Society of Civil Engineers altitude adjustment. The average year temperature and precipitation data is from the Boulder weather station for the period 1961 through 1990. The net average annual evapotranspiration is 1.33 feet. The historic average annual depletion to the stream of 1.5 shares of Cottonwood No. 2 and 1 share of Baseline Reservoir on the 38.8 acres of the Ward property is calculated using a ditch loss estimated to be 5 percent and a farm irrigation efficiency estimated at 60 percent. The soil is a sand loam soil with an available water holding capacity of approximately 0.14 inch per inch of soil. The estimated soil moisture available to the crop is 2.5 inches providing a soil moisture reservoir of up to 8 acre feet. The soil moisture reservoir contribution to evapotranspiration is limited to 4 acre feet in any one month. The centroid of the historically irrigated land is approximately 1,000 feet to Dry Creek. Delayed

return flows are negligible. The estimated depletion for the 38.8 acres is 47.6 acre feet. This equates to a unit depletion of 1.23 acre feet per acre. C. Proposed Use. The pond, located on formerly irrigated land, has a surface area of approximately 0.7 acres. Unit net pond evaporation is calculated based on a gross annual evaporation of 38 inches as determined from the NOAA Technical Report NWS 33 and precipitation data from the Boulder weather station. The annual net evaporation for the site is 24.99 inches. The pond is filled via a lateral from the Cottonwood No. 2 Ditch. The Pond is lined, so it receives no contribution from groundwater or seepage. Up to 11.5 acre feet of water per year, from up to 0.437 shares of Applicant’s Cottonwood Ditch No. 2 water rights and up to 0.291 shares of Applicant’s Baseline Reservoir water rights, will be delivered to and stored in the Ward Pond on a fill-and-refill basis. Water is released via a pump from the pond to a cistern, from which water is pumped for sprinkler and drip irrigation of the irrigated short-grass prairie and trees. Water delivered to the pond will be considered 100% consumed. D. Administration. The Cottonwood Ditch No. 2 and Baseline Reservoir water will be diverted as historically for irrigation and to the pond. The pond will be filled and refilled, as water is available. All water delivered to the pond will be measured. A proposed accounting form, unless waived by the Division Engineer’s office, shall be completed and submitted to the Division Engineer on an annual basis at the end of the water year, October 31. The change of water rights as outlined will protect vested water rights. 6. Name and address of owner of land on which structures are located: Applicant. 05CW40; A&W Water Service, Inc., P.O. Box 887, Fort Lupton, CO 80621 (303) 659-6523. 2. Name of right for which change is sought: Lupton Bottom Ditch Company, 1.33 shares. 3. Decreed point of diversion: The Lupton Bottom Ditch diverts water from the west bank of the South Platte River in the NW1/4 SW1/4 of Section 19, Township 1N, Range 66W of the 6th P.M., WELD COUNTY, Colorado. 4. Source: South Platte River. 5. Previous Decrees: Decrees for the Lupton Bottom Ditch were entered in C.A. 6009 in the District Court, County of Arapahoe, on April 28, 1883 and in C.A. 96148 in the District Court, City and County of Denver, on April 16, 1927. The decreed use is for irrigation with the following priorities, appropriation dates, and amounts in cfs: Priority No. Appropriation Date Decreed Flow Rate 5 May 15, 1863 47.7 20 March 10, 1871 10.0 31 September 15, 1873 92.87 6. Historical Use: Applicant has leased 1.33 shares of Lupton Bottom from Color Star Growers of Colorado, Inc. The 1.33 shares have been historically used to irrigate 73 acres in the SE1/4 of Section 36, Township 2N, Range 67W, 6th P.M., Weld County, Colorado. The irrigated lands are shown on the map attached hereto as Figure1. 7. Proposed Change: Applicant seeks to change the use of the shares to include augmentation, replacement, exchange, and recharge into the structures described as the Wright Recharge Project in paragraph 3 of the original application, in addition to the decreed irrigation use, with the right to totally consume the consumable portion of the water, either by first use, successive use, or disposition. Augmentation use will be by delivery to the South Platte River using an augmentation station on the Lupton Bottom Ditch, dependent upon obtaining an agreement with the ditch company. 8. Claim for Return Flows: Applicant also seeks to appropriate the use of the return flows associated with the shares for the uses stated herein, with an appropriation date as of the date of this second amended application. The amount of water claimed is all of the return flow volume not subject to a call senior to the date of the second amended application, not to exceed the total amount of return flows. Return flows shall be maintained in the river in response to valid calls senior to the date of this second amended

application. 9. Paragraph 9.a. of the original application is hereby amended to add the above-described water rights as one of the augmentation sources for the plan. 10. Name and Address of Owners of Structures: The Lupton Bottom Ditch is owned by the Lupton Bottom Ditch Company, c/o Gene Wagner, 9990 WCR 23, Fort Lupton, CO 80621. The leased 1.33 shares are owned by Color Star Growers of Colorado, Inc., 11400 County Road 14, Fort Lupton, CO 80621. 11. Except as described herein, the Applicant’s claims remain as set forth in the original and first amended applications. 05CW83 MOBELISK, LLC, (“Mobelisk”); 1900 E. Girard Place, #409, Englewood, CO 80113. (Lee E. Miller, BURNS, FIGA & WILL, P.C., Attorneys for Mobelisk, 6400 S. Fiddlers Green Circle, Suite 1000, Greenwood Village, CO 80111). AMENDED APPLICATION FOR NONTRIBUTARY UNDERGROUND WATER RIGHTS, in JEFFERSON COUNTY. 2. Well Permits. Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Property. The wells which will withdraw groundwater from the nontributary Arapahoe and Laramie-Fox Hills Aquifers will be located at any location on approximately 69.88 acres of land, being: Lots 1 through 15, Block A, except that part of said block lying within that property described in Public Trustee’s Deed recorded January 3, 1986 at Reception No. 86001122. Lots 1 through 10, Block B, Lots 1 through 12, Block C, and Lots 1 through 7, 10, 13 and Lot 14, Block D, except that part of Lots 13 and 14 lying within that property described in Public Trustee’s Deed recorded at Reception No. 86001122 all within Northwest Industrial, County of Jefferson, CO., Section 22, T2S, R70W. Together with and including those private streets located within said subdivision known as Bronco Lane, Avalanche Street, and Six Street, lying westerly of the W lot line of that property described in Public Trustee’s Deed recorded January 3, 1986 under Reception No. 86001122. 4. Source of Water Rights. The source of the groundwater to be withdrawn is nontributary Arapahoe and Laramie-Fox Hills groundwater as described in C.R.S. § 37-90-103(10.5). 5. Date of Appropriation. The date of appropriation is inapplicable to this Application for nontributary Denver Basin underground water rights. See C.R.S. § 37-92-305(11). 6. Rates of Withdrawal. The wells will withdraw the groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicant will withdraw the groundwater through wells to be located at any location on the Property. Applicant waives any 600 foot spacing rule as described in C.R.S. § 37-90-137(2)(b)(I) for wells located on the Property. 7. Well Fields. Applicant requests this Court determine that Applicant has the right to withdraw all of the legally available groundwater in the Arapahoe and Laramie-Fox Hills Aquifers lying below the Property through wells which may be located anywhere on the Property as well fields. As additional wells are constructed, permit applications will be filed with the State Engineer’s Office in accordance with C.R.S. § 37-90-137(10). 8. Applicant requests this Court to determine that Applicant has the right to withdraw more than the average annual amount estimated in this application pursuant to Rule 8.A of the Statewide Nontributary Groundwater Rules, 2 C.C.R. 402-7. 9. Applicant requests that the Division Engineer estimate the amount of water available for withdrawal from the Arapahoe and Laramie-Fox Hills Aquifers under the Property based upon Rule 6 of the Denver Basin Rules, 2 C.C.R. 402-6. Applicant requests the right to revise that estimate upward or downward based on actual data or better data available at the time of withdrawal without the necessity of amending this application or republishing the same. 10. Applicant requests the right to invoke the retained jurisdiction of the Court provided for in C.R.S. § 37-92-305(11), to adjust the amount of water available for withdrawal from such aquifers. 11. Proposed Uses. Applicant will use, reuse and successively use the water for industrial, commercial and geothermal uses on the Property. 12. Jurisdiction. The Water Court has jurisdiction over the subject matter of this Application pursuant to C.R.S. §§ 37-92-302(2) and 37-90-137(6). 13. Name(s) and Address(es) of Owners of Land on Which Structure Is Or Will Be Located, Upon Which Water Is Or Will Be Stored, Or Upon Which Water Is Or Will Be Placed to Beneficial Use. Applicant owns the land where structures are located, and where the

water will be stored and put to beneficial use. 14. Remarks. National Resource Recovery, Inc. (“NRRI”), Applicant’s lessee, has obtained a permit from the U. S. Environmental Protection Agency to reinject groundwater after use for geothermal purposes into the Arapahoe Aquifer at this location. NRRI intends to obtain a similar permit for the Laramie-Fox Hills Aquifer. Applicant also intends to obtain any state permits necessary for any geothermal uses of the water.

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 September 2006 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original with triplicate copies and include $70.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.