NOVEMBER 2008 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of NOVEMBER 2008 for each County affected. 08CW244 KATHRYN DAVIES AND DONALD HUBER,29592 Falcon Ridge Dr., Evergreen, CO 80439. Telephone: (303) 679-3192. APPLICATION FOR UNDERGROUND WATER RIGHT IN JEFFERSON COUNTY. Davies/Huber residential well, permit 224472 located NE1/4, NW1/4, S28, T5S, R71W of the 6thPM at a distance 800 feet from North and 1995 feet from East. Street address: 29592 Falcon Ridge Dr., Evergreen, CO. Subdivision: Cragmont Estates, Lot 36, Block A. Source: Groundwater. Depth: 427. Date of appropriation: 03/24/2000. How appropriation was initiated: Well permit issued. Date water applied to beneficial use: 11/08/07. Amount claimed: 6 gpm Absolute. Household use only. 08CW245 RICHARD AND DEBORAH PLATTNER, 1637 Flint Ct., Broomfield, CO 80020. Telephone: (303) 465-5569. APPLICATION FOR FINDING OF DILIGENCE AND FOR AN UNDERGROUND WATER RIGHT IN PARK COUNTY. Diligence: Structure: Plattner Lot 56 Well. Date of original decree: 10/11/2002 in case no. 96CW871 in Water Division 1. Legal description: SE1/4, SE1/4, S15, T9S, R75W of the 6th PM at a distance 1150 feet from South and 600 feet from East. Street address: 626 Travois. Subdivision: Indian Mountain, Lot 56, Filing 26. Source: Groundwater. Appropriation date May 31, 1973. Amount .033 gpm, Conditional. Intend to drill. Household use only. Underground water right: Structure: Plattner Lot 55 Well. Legal description: SE1/4, SE1/4, S15, T9S, R75W of the 6th PM at a distance 850 feet from South and 600 feet from East. Street address: 568 Travois Rd., Lot 55, Filing 26. Source: Groundwater. Appropriation date May 31, 1973. Amount .033 gpm, Conditional. Intend to drill. Household use only. 08CW246 MYNDEL POZNER, 9807 E. Aberdeen Ave., Englewood, CO 80111. Telephone: (303) 773-9324. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND NONTRIBUTARY SOURCES IN DOUGLAS COUNTY. Structure: Well, existing well permit 274856 located SE1/4, NW1/4, S35, T6S, R66W of the 6th PM at a point 1757 feet from the North Section line and 1446 feet from the West Section line. Well permits will be applied for prior to drilling a well. All wells will be located on applicant’s land in S35, T6S, R66W of the 6th PM, Douglas County. No specific locations for the proposed wells requested. Specific locations will be provided when applications for well permits are submitted. Source of Water Rights: Existing Well 274856, Date 08/29/2008, Flow Rate 15 gpm. Use: Household, 2 animals, irrigation -1 acre. The nontributary groundwater will be withdrawn from the Lower Dawson, Denver, Arapahoe, Laramie-Fox Hills Aquifers. Estimates Amounts, Rates of Withdrawal and Well Depths: Rate Aquifer Depths Lower Dawson Aquifer 15 gpm 640 feet Denver Aquifer 15 gpm 1480 feet Upper Arapahoe Aquifer 15 gpm 1990 feet Laramie-Fox Hills Aquifer 15 gpm 2570 feet Actual pumping rates may vary according to system design and water supply demands. Estimated Average Annual Amounts Available: The estimated average annual amount of withdrawal available from the subject aquifers as indicated below is based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicant estimates the following values and average annual amounts are representative of the referenced aquifers underlying subject property, which is an area of 5 acres. Annual Average

Sand Specific Withdrawal Aquifer Thickness Yield (%) (Acre Feet) Lower Dawson Aquifer 155 feet .20 1.5 Denver Aquifer 260 feet .17 2.2 Upper Arapahoe Aquifer 280 feet .17 2.4 Laramie-Fox Hills Aquifer 210 feet .15 1.6 The average annual amount available for withdrawal from the subject aquifers will depend upon the hydrology and the legal entitlement of Applicant to all groundwater in those aquifers underlying the described property. Well Field: Applicant requests that this Court determine that Applicant has the right to withdraw all of the legally available nontributary groundwater in the subject aquifers lying below the land described below, through the wells described above and any additional wells which may in the future become part of the Applicant’s well fields. Applicant requests that these wells, along with any additional wells completed into the same aquifer, shall be treated as a well field. Applicant further requests that the pumping rates for each of these wells may exceed the nominal pumping rates set forth above to the extent necessary to withdraw the full annual acre-foot allocation of water from the aquifer. However, the subject wells will not exceed the pumping rate specified on the well permit for each well. Proposed Use: All water withdrawn from proposed nontributary wells, will be reused, successively used, leased, sold or otherwise disposed of for the following beneficial uses: domestic, industrial, commercial, agricultural, fire protection, augmentation, stock watering, recreational, fish and wildlife. Water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions from the use of water from other sources and for all other auqmentation purposes. Applicant request the right to withdraw from these wells an average amount of water determined to be available from above plus an amount of groundwater in excess of that annual amount; provided that the sum of the total withdrawals from any particular aquifer does not exceed the product of the number of years since the date of the issuance of well permits or of the entry of this decree, which ever occurs first, times the decreed average annual amount for that aquifer. Description of the Land Overlying Subject Ground Water: Approximately 5 acres of land located in the SE1/4, NW1/4 of S35, T6S, R65W of the 6th PM, Douglas County, Colorado. 08CW247 STEVE BUTLER, CAROL GODWIN, 406 Pinecrest Rd., Woodland, Park, CO 80863. Telephone (719) 687-3915. APPLICATION FOR UNDERGROUND WATER RIGHT IN TELLER COUNTY. Godwin/Butler Well, permit 25455-A located, NW1/4, NW1/4, S27, T12S, R69W of the 6th PM at a distance 715 feet from North and 100 feet from West. Street Address: 406 Pinecrest Road. Subdivision: Aspen Hills, Lot 8. source: Groundwater. Depth: 540 ft. Amount claimed: 2.46 gpm, Absolute. 08CW248 JAMES WAHLBERG, 251 W. Summit St., Lakewood, NY 14750. Telephone: (716) 763-8695. APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Well. Date of original decree: 03/27/2002 in case no. 96CW1031 in Water Division 1. Legal description: SE1/4, NE1/4, S15, T9S, R75W of the 6th PM at a distance 2450 feet from North and 600 feet from East. Street Address: 169 Australian Ln. Subdivision: Indian Mountain, Lot 95, Filing 26. Source: Groundwater. Appropriation date: 05/31/1973. Amount: .033 cfs (15 gpm). Household use only. Well not drilled. 08CW249 LAWRENCE WILLIAMS, 16855 WCR 98, Nunn, CO 80648. Telephone: (970) 897-2947. APPLICATION FOR UNDERGROUND WATER RIGHT IN WELD COUNTY. Well, permit 244306, located SE1/4, SE1/4, S35, T9N, R66W of the 6th PM at a distance 585 feet from South and 840 feet from East. Well permit 244307 located NE1/4, SE1/4, S35, T9N, R66W of the 6th PM. Street address: 16855 WCR 98, Source: Groundwater. Depth:

680 feet. Date of appropriation: August 22, 2002. How appropriation was initiated: Obtained permit. Amount claimed: 7 gpm. Use: Domestic and animals. 08CW250 RANDY AND CORINA ASCHENBRENNER, 352 Sundance Circle, Dacono, CO 80514. Telephone: (303) 833-2849. APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Aschenbrenner Well. Date of original decree: March 7, 2002 in case no. 96CW1024 in Water Division 1. Legal description: NE1/4, SE1/4, S10, T9S, R75W of the 6th PM at a distance 1800 feet from South and 250 feet from East. Street Address: 1859 Lippzana Road. Subdivision: Indian Mountain, Lot 336, Filing 26. Source: Groundwater. Appropriation date: May 31, 1973. Amount: .033 cfs (15gpm), Conditional. Use: Household use only in a single family dwelling not including irrigation. Owners have future plans to install a well and file a claim to make rights absolute. 08CW251 Cornelius G. Hinchy and Norma M. Hinchy, 2017 Woodpecker Lane, Elizabeth, Colorado 80107. Telephone: 303-646-4335. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES FROM THE DAWSON, DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AQUIFERS IN ELBERT COUNTY A. Applicant is the owner of a parcel of land consisting of 2.4 acres, more or less, in Elbert County, located generally in the Northeast 1/4 of the Southeast 1/4 of Section 26, Township 7 South, Range 65 West of the 6th P.M., known as Lot 33, Unit 8, Ponderosa Park Estates, 2017 Woodpecker Lane, Elizabeth, CO 80107. B. This application seeks a ruling and decree adjudicating all the ground water in the Denver Basin aquifers underlying Applicant’s Property. C. Applicant also seeks to adjudicate the existing well on the property, Well Permit No. 111427

08CW252 APPLICATION FOR FINDING OF REASONABLE DILIGENCE (BUTTON ROCK) IN BOULDER COUNTY. 1. Name and address of Applicant. City of Longmont, c/o Public Works and Water Utilities Department, 1100 South Sherman Street, Longmont, Colorado 80501. Copies of all pleadings to Raymond L. Petros, Jr., Esq., Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, Colorado 80202, (303) 825-1980. 2. Name of structure. Button Rock Reservoir, Second Enlargement. 3. Description of conditional water right. A. Decree. Judgment and decree entered by the District Court in and for Boulder County, State of Colorado, on February 25, 1971, in Civil Action No. 20716. Findings of reasonable diligence were subsequently made in decrees in Case Nos. 02CW07 on November 13, 2002, W-2871 on September 29, 1975, W-2871-79 on March 20, 1980, 84CW042 on August 29, 1986, 88CW027 on April 28, 1989, and 95CW75 on January 8, 1996. B. Location. The stream bed of North St. Vrain Creek in Sections 17, 18, 19 and 20, Township 3 North, Range 71 West, of the 6th P.M., and in Sections 13 and 24, Township 3 North, Range 72 West, of the 6th P.M., all in Boulder County, Colorado, the initial point of survey of the high water line is located in Section 20 at a point whence the N1/4 corner of Section 20, Township 3 North, Range 71 West, of the 6th P.M. bears N. 2° 56’ 35” W. a distance of 1772.34 feet. C. Source. North St. Vrain Creek, a tributary of St. Vrain Creek. D. Appropriation date. May 27, 1964. E. Amount. 32,551.1 acre-feet, conditional for storage. F. Use. Municipal, domestic, agricultural, industrial and power purposes, including domestic use, fire protection, street sprinkling, watering of parks, lawns and grounds, mechanical uses, storage reserve exchanges, and any other municipal purposes. 4. Detailed outline of work done to complete project and apply water to beneficial use. The conditional water storage right decreed in Civil Action No. 20716 for a further enlargement of Button Rock Reservoir (a/k/a Ralph Price Reservoir) is critical to the City of Longmont’s (“Longmont” or “City”) water supply system. Longmont is developing its water system in accordance with a long-term program for the phased construction of additional storage and the use of water rights as needed to meet the expanding residential, commercial and industrial

water demands of Longmont. During the subject Diligence Period (November 2002 to the present), Longmont has spent considerable time and money in the development of its integrated water system, and large expenditures of money will be required in the future to continue this development. Longmont’s efforts to develop its water system and expand Button Rock Reservoir during the Diligence Period support a finding of reasonable diligence for the conditional water storage right which is the subject of this application. These efforts include the work detailed in the affidavit of Ken S. Huson, Water Resources Engineer for Longmont, attached hereto as Exhibit A, and are summarized as follows: A. Button Rock Forest Stewardship Plan – Total cost of $157,931.60; maintain quality watershed within current Button Rock area including the future enlargement of the reservoir. B. Button Rock Dam Safety Measures – Total cost of $1,346.06; establishes performance records useful for final embankment design. C. Button Rock Hydro-Power Project Evaluation – Longmont has expended funds to evaluate the feasibility of hydro-power structures at the Button Rock facilities, including the potential for hydro-power on the enlarged facility. D. Water Rights Change Case Applications – Total cost of $525,581.00; enhances the yield, utility and efficiency of an enlarged reservoir. E. St. Vrain Creek Corridor Committee – Total cost of $3,599.30; assists in developing instream flow program operating experience and aquatic environment results, to assist in the federal permitting process for an enlarged reservoir. F. Opposition to Water Rights Change Cases – Total cost $69,342.00; used to protect the City’s water rights, including the conditional decree for an enlargement to Button Rock Dam. G. Windy Gap Water Project / Six Cities – Total cost of $11,546,101.00; enhances the yield, utility and efficiency of an enlarged reservoir. H. Master Plans; Raw Water, Wastewater and Water Conservation – Total cost $751,789.00. Longmont’s Raw Water Master Plan directs the City’s overall water rights portfolio management, including guiding timing for various water supply projects. Water conservation is an integral part of the City’s overall water supply strategy as outlined in the Raw Water Master Plan. I. Nelson-Flanders Water Treatment Plant Construction – Total cost $57,211,462.66; built to accommodate City’s anticipated water demands. J. Annual Water Department budget during the Diligence Period – Total of $99,190.902.00. K. Treated Water Transmission and Distribution Lines – Total reimbursement to entities installing City owned water system infrastructure at time of development were $1,521,451.00. L. Bond Payments Financing Water Projects – Total cost of $9,627,987.00. 5. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. The land upon which the claimed structures will be located is owned by the City of Longmont. WHEREFORE, Longmont respectfully requests that the Court enter an order finding reasonable diligence for and continuing in full force and effect the conditional water storage right described in paragraph 3 above. 08CW253, THE CITY OF AURORA, COLORADO, a municipal corporation of the Counties of Adams, Arapahoe, and Douglas, acting by and through its Utility Enterprise (“Aurora”), 15151 East Alameda Parkway, Suite 3600, Aurora, Colorado 80012-1555. Attorneys John M. Dingess, Esq and Stephanie J. Neitzel, Esq., Duncan. Ostrander & Dingess, P.C., 3600 S. Yosemite, Street, Suite 500, Denver, Colorado 80237-1829. 303-779-0200. Application for Finding of Reasonable Diligence and To Make Absolute Portions of Conditional Rights of Exchange in PARK COUNTY. 1. INTRODUCTION: Applicant, Aurora, seeks a finding making partially absolute a conditional right of exchange and a finding of diligence for the remaining portion of the conditional right of exchange, originally decreed in Case No. 79-CW-375, District Court, Water Division 1, on May 30, 1985. In Case No. 79-CW-375, the following two conditional exchanges were decreed: 1) Up to 5,000 acre-feet on the South Platte River, from the confluence of Tarryall Creek upstream to Spinney Mountain Reservoir (“South Platte Exchange”); and, 2) Up to 20,000 acre-feet on Tarryall Creek, from its confluence with the South Platte River upstream to the

proposed Spruce Grove Reservoir (“Tarryall Exchange”). The City of Thornton was the original applicant in Case No. 79-CW-375 and in subsequent diligence proceedings. Aurora purchased these water rights from Thornton and obtained title by Special Warranty Deed dated November 21, 2003. This Application only pertains to the South Platte Exchange. Aurora does not seek to make absolute or to continue the Tarryall Exchange in this Application. 2. NAME OF STRUCTURE: The South Platte Exchange is decreed for up to 5,000 acre-feet of water to be stored in Spinney Mountain Reservoir in amounts and at such times as a like quantity of water is simultaneously released into the South Platte River from Tarryall Creek. 2.1. Exchange To Point – Spinney Mountain Reservoir: The Spinney Mountain Reservoir dam is located in the South 1/2 of Section 25, Township 11 South, Range 74 West of the 6th P.M., in Park County, Colorado, on the Middle Fork of the South Platte River. 2.2. Exchange From Point – The Confluence of Tarryall Creek and the South Platte River: Located in the Northeast quarter of the Northwest quarter of Section 16, Township 11 South, Range 71 West, 6th P.M., in Park County, Colorado. 3. DESCRIPTION OF CONDITIONAL RIGHT OF EXCHANGE: 3.1. Decrees: This appropriative right of exchange was conditionally decreed to Thornton in Case No. 79-CW-375, Water Division 1, dated May 30, 1985. This Court granted Thornton findings of reasonable diligence with regard to this right in Case Nos. 89-CW-078 and 98-CW-294, Water Division 1, decrees dated August 12, 1992 and November 5, 2002, respectively. The most recent diligence decree in Case No. 98-CW-294 continued this conditional right of exchange in full force and effect until November 30, 2008. 3.2. Sources: The original decree in Case No. 79-CW-375 describes the sources of replacement water for the South Platte Exchange to be from any source owned or controlled by Thornton capable of delivering water into Tarryall Creek, including, without limitation: 3.2.1. Water stored pursuant to the decree issued in Case No. 81-CW-449. 3.2.2. Water from rights owned or leased from Thornton, the use of which has been decreed in a separate proceeding to permit total consumptive use, reuse, successive use, disposition, use for augmentation and/or exchange. 3.2.3. Foreign, non-tributary or transmountain water. 3.2.4. The Thornton water rights identified in Exhibit A to the decree in Case No. 79-CW-375 (which is also attached as Exhibit A to the Application). The decree in Case No. 79-CW-375 also provides that additional water rights to be exchanged may be incorporated into that decree upon motion by Thornton, with notice to all objectors and such additional notice as the Water Court may require. In 2003, Aurora obtained ownership of most of Thornton’s water rights, including those decreed as a source of replacement water for the exchanges herein. Aurora did not acquire the water rights decreed in Case No. 81-CW-449, described in paragraph 3.2.1., above. 3.3. Appropriation Date: December 31, 1979. 3.4. Uses: Water stored pursuant to the terms of the exchanges decreed herein shall be used directly or by exchange for all beneficial uses including municipal uses, domestic, irrigation, mechanical, manufacturing, industrial, generation of electric power, power generally, fire protection, use for sewage treatment, street sprinkling, watering of parks, lawns and grounds, recreation, fish culture, agricultural uses located within the service boundaries of the Applicant, for maintenance and preservation of wildlife and aesthetic values and for the replacement, adjustment and regulation, including exchange, of the units of the City of Thornton municipal water system within themselves and with other water users. 4. PROVIDE A DETAILED OUTLINE OF WHAT HAS BEEN DONE TOWARD COMPLETION OF THE APPROPRIATION AND APPLICATION OF WATER TO A BENEFICIAL USE AS CONDITIONALLY DECREED, INCLUDING EXPENDITURES: 4.1. Project Specific: During this diligence period, the following project specific efforts were made toward completion of the subject appropriative rights of exchange: 4.1.1. Purchase of Thornton Water Rights: During this diligence period, Aurora purchased most of the City of Thornton’s water rights, including the subject appropriative rights of exchanges and the water rights that are replacement sources under these exchanges. Aurora spent a total of $35,942,000 in cash to purchase Thornton’s water rights. 4.1.2. Thornton’s Expenditures: During this diligence period and prior to Aurora acquiring its water rights, Thornton spent more than $24,000 for repair and maintenance of its

South Park facilities for its water rights used under these exchanges. 4.2. Systemwide: Since purchasing these water rights in November 2003, Aurora made the following diligent efforts with regard its water supply system components in the South Platte River Basin which are necessary for use of the water from the South Platte Exchange: 4.2.1. Griswold Water Treatment Plant Renovations. This facility treats a portion of the raw water exchanged hereunder before it is delivered to Aurora’s customers. More than $3,644,000 was spent by Aurora for improvements to this facility necessary to accommodate the water that is the subject of the exchanges herein. This includes expenditures directly by Aurora for renovation of the facility and for renovation loan payments. 4.2.2. Wemlinger Water Treatment Plant Expansion. Aurora spent more than $8,026,000 for expansion of the Wemlinger Water Treatment Plant. This facility treats a portion of the raw water exchanged hereunder before it is delivered to Aurora’s customers. 4.2.3. Improvements to Extend and Improve Water Service in and to Aurora: More than $58,000,000 was spent by Aurora for extension and upgrade of its water transmission system necessary to deliver the water that is the subject of the exchange herein to Aurora’s customers. 4.2.4. Automated Meter Reading System: Aurora spent more than $3,863,000 for conversion of its manual utility reading system to a fully automated system. This is needed for efficient operation of Aurora’s water supply and delivery system, including use of the water that is the subject of the exchange herein. 4.2.5. Improvements to Sanitary Sewer System: More than $37,800,000 was spent by Aurora for extension and upgrade of its sanitary sewer system necessary for wastewater treatment and reuse within the South Platte River Basin of the water that is the subject of the exchange herein. 4.2.6. Prairie Waters Project. The Prairie Waters Project is a large comprehensive water supply, storage and treatment project in which return flows to the South Platte River from Aurora’s water sources will be used as an augmentation and replacement source for junior diversions from the South Platte River. Aurora filed and has been prosecuting applications in Case Nos. 06-CW-104, 03-CW-414 (decreed on August 1, 2007) and 03-CW-415, Water Division 1, to facilitate this project. These applications include new conditional water rights for underground and surface water storage, tributary ground water rights and rights of exchange, and for approval of a plan for augmentation. Water delivered by this project will allow further reuse of much of the water decreed to Aurora. This will provide a water source at Aurora’s wastewater treatment plants for replacement under the exchange at issue here. The Prairie Waters Project is presently underway and over $210,000,000 has been spent toward implementation of this project during this diligence period. 4.2.7. Reuse of Lawn Irrigation Return Flows. Aurora prosecuted and obtained a decree in Case No. 02-CW-341, Water Division 1, under which return flows from lawn irrigation use of the water from the conditional exchange at issue here are quantified to facilitate future reuse of this water. Aurora has also performed engineering studies to support the application. 4.2.8. Study of Aurora’s Water Needs. Aurora spent more than $166,000 towards engineering and planning studies to assist in determining the City’s future water needs and a plan to meet those needs. This study will increase the overall efficiency of Aurora’s operations, including use of the water from the exchange herein. 4.2.9. Aurora Raw Water System Model. Aurora spent more than $78,000 for consultant fees to develop a computer model of Aurora’s raw water system. This will increase the overall efficiency and yield of Aurora’s operations, including the use of the exchange herein. 4.2.10. Miscellaneous Intergovernmental Projects: Aurora spent over $226,000 on various joint jurisdiction efforts to develop resources and to jointly defend against new governmental regulations which will adversely impact Aurora’s water rights, including the exchange herein. 4.2.11. Protection Efforts: Aurora spent approximately $148,000 for legal services for participation in Water Division 1 cases to protect the rights and interests of Aurora with regard to its water supply system, including the subject exchange. 4.3. Other: Aurora reserves the right to identify additional relevant efforts that may be later discovered or to make upward adjustments to amounts expended on certain projects. Aurora has an extensive water rights portfolio, an extensive and complex water supply, collection, treatment and reuse system, and an extensive number of agreements,

contracts, leases, etc. related to its facilities and the use, reuse and storage of its water rights. It is involved in many legal actions related to the collection, treatment, reuse and protection of its water rights. Further, the management, protection, and operation of the water rights and the facilities system involve numerous City of Aurora departments and staff members throughout the state. Aurora made diligent efforts with regard to this application to determine and quantify all efforts made by the City toward completion of the appropriations and application of the water rights decreed in Case No. 79-CW-375 to beneficial use. However, it is reasonably possible that relevant efforts or expenditures may have been overlooked or need further upward adjustment. 5. CLAIM TO MAKE ABSOLUTE: Thornton made partially absolute the South Platte Exchange described in paragraph 2., above. 5.1. Date Water Applied to Beneficial Use: May 1st through June 3rd, 1999. 5.2. Amount: 1466.79 acre-feet, at a maximum flow rate of 56.67 c.f.s. on June 2, 1999. 5.3. Use: The uses described in paragraph 3.4., above. 5.4. Description of Place of Use Where Water Was Applied to Beneficial Use: Within the water service area of the City of Thornton. This location is entirely within the South Platte River Basin. 6. DESCRIPTION OF CONDITIONAL APPROPRIATIVE RIGHTS OF EXCHANGE FOR WHICH DILIGENCE IS CLAIMED: Aurora requests a finding of reasonable diligence for that part of the originally decreed conditional South Platte Exchange, described herein, not claimed absolute. The amounts to remain conditionally decreed are as follows: 6.1. Original Decreed Conditional Amount: 5,000.00 acre-feet 6.2. Claimed Absolute Amount: 1466.79 acre-feet at a maximum flow rate of 56.67 c.f.s. 6.3. Remaining Conditional Amount: 3,533.21 acre-feet. WHEREFORE, Aurora respectfully requests that the Court make partially absolute the appropriative right of South Platte Exchange described herein, and find diligence in the development of that portion of the South Platte Exchange not yet made absolute, and continue the conditional decree for said structures and remaining conditional amounts for the statutory period. Aurora further requests that this Court also grant such additional relief that the Court deems necessary and appropriate to further the purposes of the appropriations herein requested. Application is 11 pages, including Exhibit A. 08CW254 IDYLWEISS FARM SOUTH AND NORTH PARCEL OWNERS, 2550 Windmill Circle, Elizabeth, CO 80107, through their attorneys: Petrock & Fendel, P.C., James J. Petrock, Atty. Reg. #2881, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS AND IN THE NOT NONTRIBUTARY UPPER DAWSON AQUIFER, 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: Applicants are the owners of Parcels 1, 2, 3, and 4, Idylweiss Farm South, and Lots 5, 7, and 8, Idylweiss Farm North, which are generally located in the N1/2 of Section 25, T7S, R65W of the 6th P.M., as described and shown on Attachment B hereto (Subject Property). The Subject Property is comprised of a total of approximately 272 acres. Applicants will own a pro-rata interest in the total amount of groundwater requested herein underlying their respective parcel. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property at rates of flow which are necessary to withdraw the final decreed amount. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the 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 162 feet 88 acre-feet (NNT) Lower Dawson 58 feet 31 acre-feet (NT) Denver 193 feet 89 acre-feet (NT) Arapahoe 227 feet 104 acre-feet (NT) Laramie-Fox Hills 177 feet 72 acre-feet (NT) Applicants will reserve the Upper Dawson aquifer water associated with existing exempt wells located on the parcels. 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 Section 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. 08CW255 BLUEBIRD LANE TRACT OWNERS, WILLIAM AND DENISE MYERS, AND LOMA AND JEFFREY FOWLER, 10181 Inspiration Drive, Parker, Colorado 80138, through their attorneys: Petrock & Fendel, P.C., James J. Petrock, Atty. Reg. #2881, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS, IN DOUGLAS COUNTY. 2. Well Permits: Well permits will be applied for prior to construction of the wells, which are the subject of this application. 3. Legal Description of Wells and Subject Property: Applicants are the owners of nine generally contiguous tracts, which are generally located in parts of the SW1/4 of Section 5 and the SE1/4 of Section 6, T6S, R65W of the 6th P.M., as shown on Attachment B hereto (Subject Property). The Subject Property is comprised of a total of approximately 123.5 acres and the legal descriptions and acreage associated with Applicants' respective tracts are more particularly described on Attachment A hereto. Applicants will own a pro-rata interest in the total amount of groundwater requested herein underlying their respective tracts. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property at rates of flow which are necessary to withdraw the final decreed amounts. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in §37-90-103(10.5), C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2

C.C.R. 402-6. Applicants estimate that the following annual amounts are representative of the aquifers underlying the Subject Property: Saturated Annual Aquifer Thickness Amount Lower Dawson 50 feet 12 acre-feet Denver 221 feet 46 acre-feet Arapahoe 282 feet 59 acre-feet Laramie-Fox Hills 226 feet 41 acre-feet 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through wells or any additional wells which may be completed in the future, as Applicants' well fields, subject to Rule 11.B of the Statewide Nontributary Ground Water Rules (2 CCR 402-7). 7. Proposed Use: The water will be used, reused and successively used for domestic, industrial, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, both on and off the Subject Property. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to §§37-92-302(2) and 37-90-137(6), C.R.S. 9. 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. 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. 08CW256 Farmers Reservoir and Irrigation Company, c/o John P. Akolt, III, 80 South 27th Avenue, Brighton, Colorado 80601, Telephone (303) 659-7373. APPLICATION FOR SEXENNIAL FINDING OF REASONABLE DILIGENCE. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF THE FARMERS RESERVOIR AND IRRIGATION COMPANY IN ADAMS AND JEFFERSON COUNTIES. 2. Name of Structure: Standley Lake Reservoir. 3. Description of conditional water rights. A. Standley Lake Conditional Water Right: Date of Original Decree: May 13, 1936, Case No. 60052, District Court of the City and County of Denver (the “Dunklee Decree”). Location: Standley Lake is located in parts of Sections 16, 17, 20, 21, 22, 28 and 29, Township 2 South, Range 69 West of the 6th P.M., Jefferson County, Colorado. Pursuant to the Dunklee Decree issued in 1936, the decreed points of diversion for the conditional water right include the following: Croke Canal: On the north bank of Clear Creek in the NW1/4 NE1/4 of Section 26, Township 3 South, Range 70 West, 6th P.M., Jefferson County, Colorado. On Ralston Creek where the Croke Canal crosses Ralston Creek in Section 1, Township 3 South, Range 70 West, 6th P.M., Jefferson County, Colorado at a point near the center of said Section 1. On Leyden Creek at a point where the Croke Canal crosses Leyden Creek in the NW1/4 of Section 31, Township 2 South, Range 69 West, 6th P.M., Jefferson County, Colorado. Church Ditch: The headgate of the Church Ditch on Clear Creek, (also known as the Golden City and Ralston Creek Ditch), is located on the north bank of Clear Creek at a point in the NE1/4 of Section 32, Township 3 South, Range 70 West, 6th P.M., Jefferson County, Colorado, 1450 feet S 69° 30' W from the northeast corner of said section. The headgate of the Church Ditch on Ralston Creek, (also known as the Golden City and Ralston Creek Ditch), is located on the north bank of Ralston Creek in Section 2, Township 3 South, Range 70 West, 6th P.M., Jefferson County, Colorado, at a point 445 feet S 69° W from the center of said section. The locations of the diversion points set forth above are based on the descriptions found in the Dunklee Decree. For purposes of this application, these diversion points have also been located using a Garmin eTrex Global Positioning System (GPS) unit. On information and belief, the following coordinates identify the relevant locations utilizing the Universal Transverse Mercator (UTM) grid system projection based on the North American Datum of 1983 (NAD83): Croke Canal at Clear Creek – NAD 83 UTM Zone 13 S, 0483410, 4402100, Croke Canal at Ralston Creek – NAD 83 UTM Zone 13 S, 0485113, 4407847, Croke

Canal at Leyden Creek – NAD 83 UTM Zone 13 S, 0485905, 4409929, Church Ditch at Clear Creek – NAD 83 UTM Zone 13 S, 0478988, 4400303, Church Ditch at Ralston Creek – NAD 83 UTM Zone 13 S, 0483277, 4407888. Source: Clear Creek, Ralston Creek and Leyden Creek, tributary to the South Platte River. Appropriation Date: March 4, 1902. Amount: 16,699 acre feet. Use: Storage of Water for Irrigation Purposes. Prior Diligence Decrees: The Standley Lake Conditional Water Right has been the subject of prior diligence decrees in Case Nos. W-71, W-2829, W-2829-76, 80CW126, 88CW160, and 98CW368. Subsequent Change of Use Cases: FRICO is a mutual ditch company. A substantial number of the shares of the company are held by municipal entities that have subsequently obtained change of use decrees for a pro rata share of the Standley Lake Conditional Water Right. These decrees include the following: Case No. 88CW268, FRICO, City of Westminster and City of Thornton. This decree authorized a change in place of storage of the Standley Lake decrees, including the Standley Lake Conditional Water Right. Consolidated Case Nos. 86CW397, 88CW267 and 89CW129, City of Westminster. This consolidated decree changed the use of a pro rata portion of the Standley Lake Conditional Water Right from domestic and irrigation to all beneficial uses within the municipal water supply system and service area of the City of Westminster, including domestic, irrigation, commercial, industrial, recreation, fish and wildlife, augmentation, replacement, and exchange and storage for these uses. In addition, the consolidated decree provided for an alternate point of diversion at the Farmers High Line Canal located on the North bank of Clear Creek in the SW1/4 of Section 27, Township 3 South, Range 70 West, a short distance below the Ford Street Bridge across Clear Creek in the City of Golden, Jefferson County, Colorado, at a point approximately 950 feet East and 1500 feet North of the Southwest corner of said section. Case No. 90CW211, City of Westminster. This decree changed the use of a pro rata portion of the Standley Lake Conditional Water Right from domestic and irrigation to all beneficial uses within the municipal water supply system and service area of the City of Westminster, including domestic, irrigation, commercial, industrial, recreation, fish and wildlife, augmentation, replacement, and exchange and storage for these uses. In addition, the decree provided for an alternate point of diversion at the Farmers High Line Canal located on the North bank of Clear Creek in the SW1/4 of Section 27, Township 3 South, Range 70 West, a short distance below the Ford Street Bridge across Clear Creek in the City of Golden, Jefferson County, Colorado, at a point approximately 950 feet East and 1500 feet North of the Southwest corner of said section. Case No. 89CW132, City of Thornton. This decree changed the use of a pro rata portion of the Standley Lake Conditional Water Right from domestic and irrigation to all municipal uses, including domestic, mechanical, manufacturing, industrial, generation of electric power and power generally, fire protection, sewage treatment, street sprinkling, irrigation of parks, lawns, and grounds, recreation, fish culture, lake and reservoir evaporation, agricultural uses located within Thornton's service area, maintenance and preservation of wildlife and aesthetic values, augmentation, and for the replacement, adjustment and regulation, including exchange, among the features or components of the City of Thornton Municipal Water System, within themselves or with other water users. In addition, the decree provided for an alternate point of diversion at the Farmers High Line Canal located on the north bank of Clear Creek in the NW1/4 SW1/4 of Section 27, T.3S., R. 70 W., 6 P.M, a short distance below the Ford Street Bridge across Clear Creek in the City of Golden, Jefferson County, Colorado, at a point approximately 950 feet East and 1500 feet North of the Southwest corner of said section. The decree also provided for an alternate point of diversion at the Golden City and Ralston Creek Ditch (a.k.a. Church Ditch) which diverts from the north bank of Clear Creek in the NW1/4 NE1/4 of Section 32, T. 3 S, R. 70 W., 6 P.M. 4. Detailed outline of what has been done toward completion of the appropriation and application to a beneficial use. During the diligence period, counsel for FRICO has participated in numerous water court proceedings in an effort to protect both the absolute and conditional water rights associated with Standley Lake. Significant costs related to these water court proceedings have been incurred during the diligence period. During the diligence period, significant improvements

have been made to Standley Lake Dam and its various components. At a total cost of approximately $40,000,000.00, certain Standley Lake Dam renovations and upgrades, including, but not limited to, improvements to the spillway, outlet works and valve house, have occurred. The design and construction efforts were completed in a manner that accommodates the enlargement of the Standley Lake dam. In particular, the new spillway, valve house and outlet piping were constructed at locations far enough away from the toe of the dam to facilitate the placement of additional dam materials without the need for significant movement of the structures. The $40,000,000.00 project was paid for by municipal shareholders of FRICO. FRICO directly participated in the management team for the construction project which was completed during the diligence period. Approximately $33,000,000.00 of construction costs were incurred during the diligence period. The renovation project also involved improvements to the outlet works of Standley Lake dam. During the diligence period, the existing outlet works through the dam itself was plugged and replaced with a multilevel outlet works system that no longer includes pressurized outlet pipe through the dam itself. Funds were expended and the project completed during the diligence period. In response to requests from the State Engineer’s Office, FRICO, along with its municipal shareholders, enlarged and improved the spillway structure for Standley Lake dam. This project also was a component of the approximately $40,000,000.00 project completed during the diligence period. The enlarged spillway can now pass an appropriate amount of floodwater for both the existing and an enlarged Standley Lake dam consistent with current SEO requirements. During the diligence period, the municipal shareholders in FRICO completed the Church Ditch Water Quality Project in an effort to improve water quality in Standley Lake. The project also created improved inlet structures to Standley Lake. The approximate $800,000.00 cost associated with the project was paid for from funds derived from FRICO contributions. The project was designed, constructed and completed during the diligence period. During the diligence period, FRICO, in cooperation with its municipal shareholders, designed, constructed and completed certain headgate improvements to the Croke Canal on Clear Creek. Costs were incurred in excess of $400,000.00 and the project was completed during the diligence period. During the diligence period, FRICO has conducted monthly and annual engineering reviews and maintenance work on Standley Lake dam. These activities involve, but are not limited to, monitoring of toe drain seepage and general maintenance activities related to Standley Lake structures. Costs related to these activities have been incurred during the diligence period. During the diligence period, FRICO has conducted numerous reviews of crossing permits related to the Croke Canal. In addition, FRICO has undertaken various projects designed to insure and maintain the decreed carrying capacity in the Croke Canal. Costs related to these activities have been incurred during the diligence period. Individual Shareholder’s activities include, but are not limited to, the following: The Standley Lake Conditional Water Right adjudicated in Case No. 60052 is part of each individual municipal shareholder’s (Northglenn, Thornton and Westminster) respective Clear Creek Water Supply Systems, each of which is an integrated system under § 37-92-301(4)(b), C.R.S. During the diligence period, each individual municipal shareholder has continued the development of its respective Clear Creek Water Supply Systems. Activities have included, but are not limited to, acquisition of various Clear Creek water rights for incorporation into the respective integrated water supply systems, participation in continuing efforts to effect improvements to and the enlargement of Standley Reservoir, including expenditures by the Standley Lake Operating Committee (SLOC) totaling in excess of $2,300,000.00, a portion of which is attributable to diligence efforts associated with the Standley Lake Conditional Water Right, and substantial efforts to protect the quality of water entering Standley Lake from impacts in the Clear Creek, Ralston Creek, Leyden Creek and Woman Creek basins. Water quality efforts have included, but are not limited to, participation in the Church Ditch Water Quality Project discussed above, ongoing efforts regarding source water protection, participation in various rulemaking proceedings before the Colorado Water Quality Control Commission, participation in the related

Upper Clear Creek Watershed Water Quality Agreement of 1993, and participation in various water court proceedings in part to protect water quality in Clear Creek. Westminster: As indicated above, the Standley Lake Conditional Decree adjudicated in Case No. 60052 is part of Westminster’s Clear Creek raw water supply system, an integrated system as defined by § 37-92-301(4) C.R.S. Westminster has continued the development of its Clear Creek Water Supply System by conducting the activities identified in paragraph 4.I., above. Costs related to these activities have been incurred during the diligence period. During prior diligence periods, Westminster obtained change of use decrees in Case Nos. 86CW397, 88CW267, 89CW129 and 90CW211 changing the use of a portion of its pro rata interest in the Standley Lake Water rights, including its pro rata interest in the Standley Lake Conditional Water Right. During the current diligence period, Westminster has obtained diligence decrees for appropriative rights of exchange decreed in the above-named cases. Costs related to these activities have been incurred during the diligence period. During the current diligence period, Westminster has continued to prosecute the change of use case in Case No. 00CW262 seeking a change of use of a portion of its pro rata interest in the Standley Lake Water rights, including its pro rata interest in the Standley Lake Conditional Water Right. Costs related to these activities have been incurred during the diligence period. During the diligence period, counsel for Westminster participated in numerous water court proceedings in an effort to protect its pro rata interest in both the absolute and conditional water rights associated with Standley Lake. Costs related to these activities have been incurred during the diligence period. During the diligence period, Westminster participated in the Standley Lake Dam renovation efforts set forth above. Costs related to these activities have been incurred during the diligence period. The South Platte Water Related Activities Program, Inc. is a Colorado nonprofit corporation established by Colorado water users for the purpose of representing water users’ interests and partnering with the State of Colorado to implement the Platte River Recovery Implementation Program in central Nebraska. Westminster has paid annual fees into this program during the diligence period. Thornton: As indicated above, the Standley Lake Conditional Decree adjudicated in Case No. 60052 is part of Thornton’s Clear Creek raw water supply system, an integrated system as defined by § 37-92-301(4) C.R.S. Thornton has continued the development of its Clear Creek Water Supply System by conducting the activities identified in paragraph 4.I., above. Costs related to these activities have been incurred during the diligence period. During the diligence period Thornton obtained a change of use decree in Case No. 02CW266, changing the use of 23.49 FRICO Standley Lake shares, including changing a portion of the Standley Lake Conditional Water Right. The decree was entered by the Water Court on November 22, 2006. Costs related to these activities have been incurred during the diligence period. During the diligence period Thornton obtained diligence in the following cases specific to Standley Lake. Costs related to these activities have been incurred during the diligence period. Case No. 02CW178, West Gravel Lakes Storage, second diligence, original Case No. 81CW448, first diligence Case No. 95CW204. A decree granting continued diligence and making absolute 45 cfs. The storage amount of 2,825 AF was previously perfected in Case No. 95CW204. This decree is an alternate place of storage for Standley Lake water rights. The decree was entered by the Water Court on November 3, 2004. Case No. 04CW078 Cosmic Exchange, second diligence, original Case No. 88CW268, first Diligence Case No. 96CW156, Cities of Thornton, Northglenn, and Westminster, and the Coors Brewing Company. A decree granting continued diligence and making absolute 2,246 AF at the cumulative rate of 43 cfs of the West Gravel BStandley Lake Exchange water rights. This decree is for an alternate place of storage for the Standley Lake water rights. The decree was entered by the Water Court on March 28, 2007. Case No. 04CW015 South Platte-Clear Creek Exchange, second diligence, original Case No. 83CW081; first diligence Case No. 96CW278. A decree granting continued diligence and making absolute 21.7 cfs of the South Platte-Clear Creek Exchange water rights diverted at the Farmers’ High Line Canal. The decree was entered by the Water Court on November 14, 2007. Case No. 04CW079 first Northern Project Diligence, original consolidated

Case Nos. 86CW401, 86CW402, 86CW403, & 87CW332), City of Thornton. This decree grants various water rights for diversion, storage and exchange dependent, in part, on the reuse of return flows from Thornton’s use of changed Standley Lake water rights. The decree was entered by the Water Court on March 8, 2007. During the diligence period Thornton obtained diligence decrees in Case Nos. 00CW243 Metro/Burlington Exchange; 00CW244 Tani Lakes Storage; 02CW051 South Dahlia Pit Storage and Clear Creek Exchange; 05CW159 Joint Application with Thornton, Golden and Coors; 06CW228 Lower Clear Creek Canal Enlargement; 98CW381 Thornton Clear Creek Juniors; 99CW078 Enlarged Metro/South Platte Exchange; and 99CW116 South Platte/Clear Creek Exchange Enlargement. Costs related to these activities have been incurred during the diligence period. During the diligence period Thornton obtained new decrees in Case Nos. 96CW126 South Platte Gravel Pit Storage and 96CW116 South Platte Gravel Pit Exchange. Costs related to these activities have been incurred during the diligence period. During the diligence period Thornton has been working on the following twelve pending applications for water rights: 00CW235 Change of FRICO Standley shares; 02CW180 South Platte Augmentation Plan; 04CW326 Water Storage Right and Plan for Augmentation; 04CW328 Change of Thorncreek Golf Course Exchange; 04CW329 Change of Enlarged Clear Creek/South Platte Exchange; 04CW338 Change of Metro/Burlington Exchange; 04CW339 Change of Enlarged Metro/Burlington Exchange; 04CW349 Change of Conditional Storage Decrees; 04CW350 2004 Exchange; 05CW010 Change of Burlington/Wellington shares; 08CW082 City-wide Augmentation Plan; 08CW205 Gravel Pits Storage Decree Diligence. Costs related to these activities have been incurred during the diligence period. During the diligence period Thornton participated in the following projects specific to Standley Lake as described above: Croke Canal improvements to the headworks; Van Bibber Creek/Croke Canal crossing structure; Standley Lake Dam Renovations; improvements to the box culvert that conveys canal flows under the intersection of 52nd Avenue and Indiana Street; and routine maintenance of the canals serving Standley Lake. Costs related to these activities have been incurred during the diligence period. During the diligence period Thornton participated in the following activities related to its Integrated Water System. Costs related to these activities have been incurred during the diligence period. Nonpotable Park Irrigation Projects. During the diligence period Thornton performed substantial work on several nonpotable park irrigation projects that are supplied with water from Standley Lake. These parks include a new pond and pumping station at the Multi Purpose Fields at the Margaret W. Carpenter Recreation Center; rehabilitation of the pond and construction of pumping station at the Woodglen/Brookshire Park; rehabilitation of the pond and construction of a pumping station at Cherry Park; and reconfiguration of Croke Reservoir and construction of a pumping station. Water Treatment Plant Expansion/Upgrades and Treated Water System Improvements. Thornton performed substantial work on the Wes Brown Water Treatment Plant expansion and upgrades which included a feasibility study, pre-design, design, and construction of an expansion to the previous 30 MGD Columbine Water Treatment Plant to 50 MGD with ultra filtration membranes, and also provided a 2 MG clearwell to provide additional treated water. Thornton also performed substantial work on the design and construction of a Ultra-Violet disinfection process at both the Wes Brown Water Treatment Plant and the Thornton Water Treatment Plant. Thornton also performed substantial work on the treated water delivery system including new water storage tanks, pipeline replacements, and pumping station improvements. Water System Facilities Security Upgrades. Thornton performed substantial work on upgrading security at both of the City’s water treatment plants and water storage facilities. This work included additional security fencing, lighting, and cameras. Water Rights Protection. Thornton participated in numerous Water Court proceedings in an effort to protect its pro rata interest in the water rights associated with Standley Lake and on the South Platte River. South Platte Water Related Activities Program (SPWRAP). The South Platte Water Related Activities Program, Inc. is a Colorado nonprofit corporation established by Colorado water users for the purpose of representing water users’ interests and partnering with the State of Colorado to implement the

Platte River Recovery Implementation Program in central Nebraska. Thornton has paid annual fees into this program for 2007 and 2008. Northglenn: As indicated above, the Standley Lake Conditional Decree adjudicated in Case No. 60052 is part of Northglenn’s Clear Creek raw water supply system, an integrated system as defined by § 37-92-301(4) C.R.S. Northglenn has continued the development of its Clear Creek Water Supply System by conducting the activities identified in paragraph 4.I. above. Costs related to these activities have been incurred during the diligence period. During the diligence period, Northglenn participated in numerous water court proceedings in an effort to protect its pro rata interest in both the absolute and conditional water rights associated with Standley Lake, including the Standley Lake Conditional Water Right. Costs related to these activities have been incurred during the diligence period. During the diligence period Northglenn participated in various activities related to its Integrated Water System, including but not limited to the following: Northglenn has performed substantial work on the Northglenn Water Treatment Plant upgrades including a design to expand the clear well, rehabilitation of the filters, backwash upgrade, and pipe gallery improvements. Northglenn has performed substantial work on the treated water delivery including constructing a 3 million gallon water storage tank, pipeline replacements and pump station improvements. Costs related to these activities have been incurred during the diligence period. During the diligence period Northglenn participated in various projects including but not limited to improvements to the Croke Canal headworks, Van Bibber Creek/Croke Canal crossing structure, work on canals serving Stanley Lake, improvements to the box culvert at the intersection of 52nd Avenue and Indiana Street, participation in the Stanley Lake Dam renovation efforts set forth above. Costs related to these activities have been incurred during the diligence period. Water applied to beneficial use: N/A Miscellaneous: Standley Lake itself, and the diversion structures identified in paragraph 3.A.ii.a., are located on property owned by the Applicant. The diversion structures identified in paragraph 3.A.ii.b. were previously owned by FRICO, but are now owned by the Church Ditch Water Authority, a political subdivision of the State whose membership is made up of the City of Northglenn and the City of Westminster, both of whom are shareholders in FRICO. To make a finding of reasonable diligence with respect to the Standley Lake Conditional Water Right decreed in Case No. 60052, and providing that a subsequent showing of diligence be made six years from the date of entry of a decree of diligence in this matter. Number of pages of Application: 11 pages. 08CW257 JULIE POTTER, 18910 Archers Drive, Monument, CO 80132, AND BART AND MICHELLE ATKINSON, 1632 Lyons Down Lane, Monument, CO 80132, through their attorneys: Petrock & Fendel, P.C., James J. Petrock, Atty. Reg. #2881, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION, IN EL PASO COUNTY. 2. Description of plan for augmentation: A. Groundwater to be augmented: Applicant Julie Potter is owner of Lot 23, Kings Deer Subdivision Filing 1, which is generally located in the NE1/4SW1/4 of Section 8, T11S, R66W, and Applicants Bart and Michelle Atkinson are owners of Lot 1, Kings Deer Highlands Subdivision Filing 4, which is generally located in the NW1/4SE1/4 and SW1/4NE1/4 of Section 5, T11S, R66W, as shown on Attachment A hereto. Lot 23 is served by a not nontributary Dawson aquifer well as permitted in Well Permit No. 48484-F, for an annual withdrawal of 0.38 acre-feet per year pursuant to a decree in Consolidated Case Nos. 93CW75, Water Division 2, and 93CW147, District Court, Water Division 1. Lot 1 is served by a not nontributarty Dawson aquifer well as permitted in Well Permit No. 64262-F, for an annual withdrawal of 0.42 acre-feet per year pursuant to a decree in Consolidated Case Nos. 94CW49(A) and (B), Water Division 2, and 94CW144(A) and (B), District Court, Water Division 1. Applicants request that an additional annual amount of 1 acre-foot of not nontributary groundwater be withdrawn through each well. The one acre-foot to be withdrawn through each of the wells are also decreed in the corresponding case numbers described above. B. Water rights

to be used for augmentation: Return flows from the use of not nontributary Dawson aquifer water and return flows and direct discharge of nontributary groundwater as decreed Case No. 85CW230, District Court, Water Division 1. C. Statement of plan for augmentation: The purpose of this augmentation plan is to supplement withdrawals from the two not nontributary Dawson aquifer wells. In Consolidated Case Nos. 93CW75, Water Division 2, and 93CW147, District Court, Water Division 1, the augmentation plan approves the withdrawal of 0.38 acre-feet per year for 100 years (0.27 for inhouse use and 0.11 acre-feet for irrigation of 3000 square-feet of irrigated area). In Consolidated Case Nos. 94CW49(A) and (B), Water Division 2, and 94CW144(A) and (B), District Court, Water Division 1, the augmentation plan approves the withdrawal 0.419 acre-feet per year for 300 years (0.27 for inhouse use and 0.149 acre-feet for irrigation of 3000 square-feet of irrigated area). The additional 1 acre-foot per well will provide for an additional 0.1 acre-foot for inhouse use and 0.9 acre-feet for irrigation use of an additional 15,000 square feet of irrigated area, to supplement the 0.38 acre-feet or 0.419 acre-feet per year approved in the prior augmentation plans. The lots utilize non-evaporative septic systems. Consumptive use associated with inhouse use is approximately 10% of water used and consumptive use associated with irrigation use is approximately 90% of water used. Applicant requests that this plan for augmentation be operated in combination with the augmentation plans previously approved and described above. D. During pumping Applicant will replace actual depletions to the affected stream systems pursuant to Section 37-90-137(9)(c), C.R.S. The Subject Property is located in Water Division 1 and return flows accrue to those stream systems. Applicant requests that the total actual amount of depletion to all stream systems associated with all pumping from both wells be returned to Water Division 1 stream systems and for a finding that those replacements are sufficient. The additional amounts of water to be withdrawn herein will be operated in the same manner as the corresponding prior augmentation plans for that water. Applicant will reserve an additional amount of the nontributary groundwater as decreed in Case No. 85CW230 to meet any additional post pumping augmentation requirements. 08CW258, CIG WATER LLC, 1600 Wynkoop, #200, Denver, CO 80202, Anne J. Castle, Esq., Meghan N. Winokur, Esq., Holland & Hart, LLP, 555 17TH Street, Ste. 3200, Denver, CO 80202, Telephone (303) 295-8000; and ROBERT W. KENNISCH and CLAUDE POWELL, 138 N. Ridge Road, Castle Rock, CO, John J. Dingess, Esq., Duncan Ostrander & Dingess, PC, 3600 S. Yosemite Street, Ste. 500, Denver, CO 80237-8129, Telephone (303) 779-0200. APPLICATION FOR CHANGE OF WATER RIGHTS IN DOUGLAS COUNTY. 2. Overview of Application: a. This Application requests approval of a change of type of use, point of diversion, and place of use for a portion of the water rights in Garber Creek Ditch Nos. 1 and 2, together with a quantification of the historical consumptive use associated with such water rights. b. Kennish and Powell own a 25% interest in the water rights described in paragraphs 3 through 6 below (which 25% interest is referred to collectively as the “Subject Water Rights”), and have entered into a Water Rights Purchase Agreement (“Agreement”) with CIG for the Subject Water Rights. Applicants have filed this Application in accordance with the Agreement. c. CIG owns property in Douglas County, Colorado, on which is proposed a commercial-industrial development, known as the South Santa Fe Commerce Center (the “Center”), and plans to use the Subject Water Rights, in conjunction with other water rights that are not the subject of this Application, to supply water for various uses at the Center, as described below in more detail. CIG anticipates that the South Santa Fe Metropolitan District Nos. 1 and 2 (the “Districts”) will provide water service to the Center and that the water derived from the Subject Water Rights will be made available to the Districts by agreement. CLAIM FOR CHANGE OF WATER RIGHTS 3. Decreed name of structure for which change is sought: Garber Creek Ditch No. 1. 4. Information from previous decree: a. Date Entered: The original decree for Garber Creek Ditch No. 1 was entered by the District Court in and for the County of Douglas on December 10, 1883 (“1883 Decree”). The 1883 Decree confirmed two water rights

in Garber Creek Ditch No. 1, with Priority Nos. 3 and 57. b. Location: The decreed location of Garber Creek Ditch No. 1 is at the ditch’s “headgate on NW1/4 Section 17. T.8.S. R.68 West.” c. Source: Garber Creek, tributary to West Plum Creek. d. Appropriation date: i. Garber Creek Ditch No. 1, Priority No. 3: June 30, 1861. ii. Garber Creek Ditch No. 1, First Enlargement, Priority No. 57: December 1, 1871. e. Amount: i. Garber Creek Ditch No. 1, Priority No. 3: 2.79 cfs, of which Kennish and Powell own a 25% interest. ii. Garber Creek Ditch No. 1, First Enlargement, Priority No. 57: 1.40 cfs, of which Kennish and Powell own a 25% interest. f. Use: Irrigation. 5. Decreed name of structure for which change is sought: Garber Creek Ditch No. 2. 6. Information from previous decree: a. Date Entered: The original decree for Garber Creek Ditch No. 2 was entered by the District Court in and for the County of Douglas in the 1883 Decree. The 1883 Decree confirmed one water right in Garber Creek Ditch No. 2, with Priority No. 11. b. Location: The decreed location of Garber Creek Ditch No. 2 is at the ditch’s “headgate on the SE 1/4 of Section 9. Township 8. South of Range 68 West.” c. Source: Garber Creek, tributary to West Plum Creek. d. Appropriation date: August 30, 1863. e. Amount: 1.06 cfs, of which Kennish and Powell own a 25% interest. f. Use: Irrigation. 7. Maps and Diversion Records: Pursuant to C.R.S. § 37-92-302(2)(a), a map showing the location of the historical irrigation use of the Subject Water Rights was attached to the Application as Exhibit A, and a summary of diversions under the Subject Water Rights is attached as Exhibit B. 8. Description of change: Applicants request approval of a change of type of use, change in point of diversion, and change of place of use for the Subject Water Rights, together with a quantification of the historical consumptive use associated with the Subject Water Rights. a. Proposed change in type of use: Applicants request a change in type of use to add municipal, domestic, industrial, commercial, storage, fire protection, augmentation, replacement and substitution as decreed uses. b. Proposed change in points of diversion: Applicants request changes in the points of diversion for the Subject Water Rights, as follows: i. Decreed point of diversion for Garber Creek Ditch No. 1: at the ditch’s “headgate on NW1/4 Section 17. T.8.S. R.68 West.” ii. Decreed point of diversion for Garber Creek Ditch No. 2: at the ditch’s “headgate on the SE 1/4 of Section 9. Township 8. South of Range 68 West.” iii. Proposed new downstream point of diversion for the Subject Water Rights: SE 1/4 of the SE 1/4 of Section 29, Township 6 South, Range 68 West, 6th PM, at a point that is 1,300 feet from the South Section line and 220 feet from the East Section line. c. Proposed change in place of use: The Subject Water Rights have historically been used to irrigate property located in Douglas County, Colorado (the “Property”). Specifically, 93.3 acres have historically been irrigated by Kennish and Powell’s 25% interest in Garber Creek Ditch No. 1, Priority Nos. 3 and 57; and 20.7 acres have historically been irrigated by Garber Creek Ditch No. 2, of which 25% (or approximately 5.2 acres) are attributed to the Kennish and Powell interest in Garber Creek Ditch No. 2. Applicants request approval to change the place of use of the Subject Water Rights for use within the Districts’ service area, currently consisting of land located in the North 1/2 of the SW 1/4 of Section 28, Township 6 South, Range 68 West, 6th PM, as it may be modified from time to time. Such modification may consist of inclusion of land located in the SW 1/4 of the NW 1/4 of Section 28 and in the NE 1/4 of Section 29, Township 6 South, Range 68 West, 6th PM. 9. No injury. No enlargement of use of the Subject Water Rights will occur as a result of the requested change of water rights. Applicants request a quantification of the historical consumptive use associated with the Subject Water Rights; therefore, the subject changes of water rights will not injuriously affect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right. 10. Name and address of owner or reputed owner of lands on which the Subject Water Rights are or will be located, and upon which water is or will be placed to beneficial use: a. Irrigation use of the Subject Water Rights takes place on property owned by The Place Trust II, 138 North Ridge Road, Castle Rock, Colorado 80104. b. Pursuant to the change requested in the Application, use of the Subject Water Rights will take place within the service area of the Districts, described in paragraph 8.c. above. The owners of the land within the Districts are the customers of the

Districts. c. Easements for the headgates and other structures associated with the Subject Water Rights are owned by Kennish and Powell, 138 N. Ridge Road, Castle Rock, CO 80104; or The Place Trust II, 138 North Ridge Road, Castle Rock, Colorado 80104. d. The new point of diversion for the Subject Water Rights will be located on property owned by John J. Todd LP, 9464 Moore Road, Littleton, CO 80125. 08CW259 Applicant: Mr. Kevin Frazier, 2121 Midpoint Drive, Suite 302, Fort Collins, CO 80525, (970) 498-0833. Please send all future pleadings and correspondence to Daniel K. Brown and Donald E. Frick, Fischer, Brown, Bartlett & Gunn, P.C., 1319 East Prospect Road, Fort Collins, CO 80525. APPLICATION FOR WATER RIGHTS, APPROPRIATIVE RIGHTS OF EXCHANGE, AND PLAN FOR AUGMENTATION IN LARIMER COUNTY. Applicant is developing a residential development (“The 960 Development”) in the Red Feather Lakes area in portions of Sections 31 and 32, T10N, and Sections 5 and 6, T9N, R73W, 6th P.M. The 960 Development will consist of approximately 50 home sites and various amenities in the common areas including a community hall, irrigation and dry land farming operations, horse stables, and ponds for recreational purposes. Applicant will construct up to 15 wells to serve as the primary water supply for The 960 Development. Total net water consumption from ground water sources diverted out-of-priority requiring augmentation for The 960 Development is anticipated to be less than 15 acre-feet per year in addition to the consumptive use of water in ponds within The 960 Development attributable to evaporation from up to 60 acres of surface area. The purpose of this Application is to adjudicate surface and underground water rights for The 960 Development, and adjudicate a comprehensive plan for augmentation, including appropriative rights of exchange, to allow operation of the wells and ponds without injury to other vested water rights. 3. Application for Surface Water Rights. 3.1. Name of Structure: Peery Ditch No. 1. 3.1.1. Legal description of point of diversion: Located on the north bank of an unnamed tributary to South Lone Pine Creek, at a point 1155 feet north 37o30’ east of the south quarter corner of Sec. 31, T10N, R73W, 6th P.M. 3.1.2. Source: South Lone Pine Creek, a tributary of the Cache la Poudre River. 3.1.3. Date of appropriation: November 30, 2008. 3.1.4. Amount claimed: 5 cfs, conditional. 3.2. Name of Structure: Peery Ditch No. 2. 3.2.1. Legal description of point of diversion: Located on the north bank of an unnamed tributary to South Lone Pine Creek, at a point 440 feet north of the south quarter corner of Sec. 31, T10N, R73W, 6th P.M. 3.2.2. Source: South Lone Pine Creek, a tributary of the Cache la Poudre River. 3.2.3. Date of appropriation: November 30, 2008. 3.2.4. Amount claimed: 5 cfs, conditional. 3.3. Name of Structure: The 960 Drainage System No. 1. 3.3.1. Legal description of point of diversion: The 960 Drainage System No. 1 will be located in parts of the NE1/4 of the SE1/4 of Sec. 31, T10N, R73W, 6th P.M., and will collect surface water, seepage, runoff, and return flows accruing to South Lone Pine Creek. 3.3.2. Source: Surface, seepage, runoff and return flows accruing to South Lone Pine Creek, a tributary of the Cache la Poudre River. 3.3.3. Date of appropriation: November 30, 2008. 3.3.4. Amount claimed: 10 cfs, conditional. 3.4. Name of Structure: The Swazey-B Ditch. 3.4.1. Legal description of point of diversion: the point of diversion will be on the south bank of Lone Pine Creek in the SW1/4 of the NW1/4 of Sec. 6, T9N, R73W, 6th P.M. The Swazey-B Ditch is the original location of the Swazey Ditch decreed in Case No. 2031 entered April 22, 1922. The decreed point of division water right originally decreed to the Swazey Ditch was subsequently changed in Case No. W-8019-75. 3.4.2. Source: South Lone Pine Creek, a tributary of the Cache la Poudre River. 3.4.3. Date of appropriation: November 30, 2008. 3.4.4. Amount claimed: 5 cfs, conditional. 3.5. Proposed use: the proposed uses for the rights described in ¶3.1-3.4 include irrigation, domestic, livestock, recreation, fish propagation, storage, recharge, augmentation and exchange. Applicant claims the right to use, reuse, and successively use the water diverted. 4. Application for Conditional Underground Water Rights. 4.1. Name of well: The 960 Well No. 1. Permit No.: N/A. 4.1.1. Legal description: Located in the SW1/4 of the SE1/4 of Sec. 31, T10N, R73W, 6th P.M. 4.1.2.

Source: Ground water tributary to South Lone Pine Creek. 4.1.3. Depth: N/A. 4.1.4. Date of appropriation: November 30, 2008. 4.1.5. Amount claimed: 5 cfs, conditional. 4.1.6. Use: irrigation, domestic, livestock, recreation, fish propagation, storage, recharge, augmentation and exchange. Applicant claims the right to use, reuse, and successively use the water diverted. 5. Application for Appropriative Rights of Exchange. 5.1. Name of Exchange: The 960-Elkhorn Exchange. 5.1.1. Exchange from Points: 5.1.1.1. The confluence of the North Fork of the Cache la Poudre River and the Cache la Poudre River located in the SW1/4 of Sec. 33, T9N, R70W, 6th P.M. 5.1.1.2. The confluence of the Cache la Poudre River and Elkhorn Creek in the SE1/4 of Sec. 34, T9N, R72W, 6th P.M. 5.1.2. Exchange to Point: The point of diversion for Bellaire Ditch on Elkhorn Creek at a point South 84o West 2,275 feet from the East1/4 corner of Sec. 12, T9N, R74W, 6th P.M. 5.1.3. Rate: 5 cfs, conditional. 5.1.4. Appropriation Date: November 30, 2008. 5.1.5. Proposed uses: Applicant will utilize the 960-Elkhorn Exchange to import water into the South Lone Pine Creek Basin by diverting water from Elkhorn Creek, a tributary to the Cache la Poudre River, in exchange for releases of water to the Cache la Poudre River from sources available to Applicant. Following diversion from Elkhorn Creek the water will be delivered to Bellaire Lake via the Bellaire Ditch (a/k/a Bellaire Lake Feeder Ditch), and thence discharged to South Lone Pine Creek. The water may be used directly for augmentation purposes pursuant to the plan for augmentation requested herein, stored in the South 60 Reservoirs or other reservoirs located in the Lone Pine Creek basin for subsequent use, including exchange to the structures decreed herein for The 960 Development, and for irrigation, domestic, livestock, recreation, fish propagation, storage, recharge, augmentation and exchange. Applicant claims the right to use, reuse, and successively use the water diverted. 5.2. Name of Exchange: The 960-North Pine Exchange. 5.2.1. Exchange from Points: 5.2.1.1. The confluence of the North Fork of the Cache la Poudre River and the Cache la Poudre River located in the SW1/4 of Sec. 33, T9N, R70W, 6th P.M. 5.2.1.2. The confluence of the North Fork of the Cache la Poudre River and Lone Pine Creek in the North1/2 of Sec. 32, T10N, R70W, 6th P.M. 5.2.2. Exchange to Point: The 960-North Pine Pipeline: located on North Lone Pine Creek in the NE1/4 of Sec. 34, T10N, R74W, 6th P.M. 5.3.3. Rate: 10 cfs, conditional. 5.2.4. Appropriation Date: November 30, 2008. 5.2.5. Proposed uses: Applicant will utilize the 960-North Pine Exchange to import water into the South Lone Pine Creek Basin by diverting water from North Lone Pine Creek, a tributary to the North Fork of the Cache la Poudre River, in exchange for releases of water to the Cache la Poudre River from sources available to Applicant. Following diversion from North Lone Pine Creek via the 960-North Pine Pipeline the water will be delivered to an unnamed tributary to South Lone Pine Creek. Following import into the South Lone Pine Creek Basin, the water may be used directly for augmentation purposes pursuant to the plan for augmentation requested herein, stored in the South 60 Reservoirs or other reservoirs located in the Lone Pine Creek Basin for subsequent use, including exchange to the structures decreed herein for The 960 Development, and for irrigation, domestic, livestock, recreation, fish propagation, storage, recharge, augmentation and exchange. Applicant claims the right to use, reuse, and successively use the water diverted. 5.3. Name of Exchange: The 960-South Pine Exchanges. 5.3.1. Exchange from Points: 5.3.1.1. The confluence of the North Fork of the Cache la Poudre River and the Cache la Poudre River located in the SW1/4 of Sec. 33, T9N, R70W, 6th P.M. 5.3.1.2. The confluence of the North Fork of the Cache la Poudre River and Lone Pine Creek in the North 1/2 of Sec. 32, T10N, R70W, 6th P.M. 5.3.1.3. Parvin Lake, an on stream reservoir on South Lone Pine Creek located in parts of Sections 34 and 35, T10N, R72W, 6th P.M. 5.3.1.4. The points of discharge to South Lone Pine Creek from the “South 60” reservoirs, as originally decreed in Case No. 81CW309, located in the North1/2 of Sec. 32, T10N, R73W, 6th P.M. 5.3.2. Exchange to Points: 5.3.2.1. Parvin Lake, an on stream reservoir on South Lone Pine Creek located in parts of Sections 34 and 35, T10N, R72W, 6th P.M. 5.3.2.2. The point(s) of diversion from South Lone Pine Creek for the “South 60” reservoirs, as originally decreed in Case No. 81CW309, located in the North1/2 of Sec. 32, T10N, R73W, 6th P.M. 5.3.2.3. The 960 Well No.

1 as described in ¶4.1 above. 5.3.2.4. Peery Ditch No. 1, located on the north bank of South Lone Pine Creek, at a point 1155 feet north 37o30’ east of the south quarter corner of Sec. 31, T10N, R73W, 6th P.M. 5.3.2.5. Peery Ditch No. 2, located on the north bank of South Lone Pine Creek, at a point 440 feet north of the south quarter corner of Sec. 31, T10N, Range 73 West, 6th P.M. 5.3.2.6. The 960 Drainage System No. 1 as described in ¶ 3.3 above. 5.3.2.7. The Swazey-B Ditch as described in ¶3.4 above. 5.3.3. Rate: 5 cfs, conditional. 5.3.4. Appropriation Date: November 30, 2008. 5.3.5. Uses: Applicant will utilize the 960-South Pine Exchanges to (1) divert water from South Lone Pine Creek by operating an exchange from the confluence of Lone Pine Creek and the North Fork of the Cache la Poudre River from sources available to Applicant on the North Fork of the Cache la Poudre River and/or its tributaries, and (2) to divert water from South Lone Pine Creek for use in The 960 Development by exchange via releases from the South 60 reservoirs and/or Parvin Lake. The water diverted by exchange may be used directly for augmentation purposes pursuant to the plan for augmentation requested herein, stored in the South 60 Reservoirs and/or Parvin Lake for subsequent use, including exchange to the structures decreed herein for The 960 Development, and for irrigation, domestic, livestock, recreation, fish propagation, storage, recharge, augmentation and exchange. Applicant claims the right to use, reuse, and successively use the water diverted. 6. Application for Plan for Augmentation. 6.1. Name of structures to be augmented: The plan for augmentation will be operated to allow for the operation of up to 15 small to medium capacity wells (“The 960 Wells”), in addition to the 960 Well No. 1, that will be permitted and drilled for purposes of providing potable water for The 960 Development, and will be located throughout the property, although the number may be fewer if some wells with appropriate yield and location are utilized. The plan for augmentation will also augment depletions attributable construction and operation of to up to 60 acres of ponds within the 960 Development. Operation of the wells and ponds may cause out-of-priority depletions to South Lone Pine Creek, a tributary to the Cache la Poudre River. Are there other water rights diverted from this structure(s)? No. 6.2. Water rights to be used for augmentation: 6.2.1. Water diverted in priority pursuant to the surface and underground water rights requested herein. 6.2.2. Water diverted by exchange pursuant to the appropriative rights of exchange requested in Paragraph 4 above. 6.2.3. Water storage rights decreed to the “South 60” Reservoirs, originally decreed by the District Court, Water Division 1, Case No. 81CW309, entered November 3, 1983. The South 60 Reservoirs, comprising the West Reservoir of “South 60” Reservoirs, the Middle Reservoir of “South 60” Reservoirs, and the East Reservoir of “South 60” Reservoirs, divert water from South Lone Pine Creek with an appropriation date of November 30, 1977, located in the North1/2 of Section 32, Township 10 North, Range 73 West, 6th P.M. The “South 60” Reservoirs are collectively decreed a total of 31.39 acre-feet for recreation and fish propagation, irrigation and augmentation uses. The conditional portions of the appropriations are currently the subject of the Application for Finding of Reasonable Diligence pending in Case No. 08CW233. Water diverted and stored pursuant to the water rights decreed to the “South 60” Reservoirs is subject to the first right of use of Fox Acres Community Services, Inc. as a supplemental source of augmentation water in Case No. 81CW136. 6.2.4. Shares or rights owned or leased by the Applicant in the Mountain and Plains Irrigation Company. Upon information and belief such shares and rights entitle Applicant to delivery of water from the water rights decreed to the following structures: 6.2.4.1. Barnes Meadow Reservoir, reservoir priority no. 126 for 1697.21 acre-feet from the Cache la Poudre River or Trap Creek, and from streams and natural drainage flowing into said reservoir site of date July 22, 1921, by decree December 18, 1945, situated in Sections 5 and 8, T7N, R75W, 6th P.M. 6.2.4.2. Peterson Lake Reservoir, reservoir priority no. 127 for 951.38 acre-feet from Corral Creek or Trap Creek, and from the streams and natural drainage flowing into said reservoir site of date July 22, 1921, by decree December 18, 1945, situated in Sections 22, 23, 26 and 27, T7N, R75W, 6th P.M. 6.2.4.3. Peterson Lake Reservoir Enlargement, reservoir priority no. 128C for 1242.55 acre-feet from Corral Creek or Trap Creek, and from the streams and natural drainage flowing into said reservoir site of date July 22, 1921,

by decree December 18, 1945, situated in Sections 22, 23, 26 and 27, T7N, R75W, 6th P.M. 6.2.4.4. Comanche Reservoir, reservoir priority no. 133 for 1661.36 acre-feet from Big Beaver Creek of date June 13, 1923, by decree December 18, 1945, situated in Sections 11 and 12, T7N, R74W, 6th P.M. 6.2.4.5. Comanche Reservoir Enlargement, reservoir priority no. 134 for 967.62 acre-feet from Big Beaver Creek of date June 18, 1925, by decree December 18, 1945, situated in Sections 11 and 12, T7N, R74W, 6th P.M. 6.2.4.6. Twin Lakes Reservoir of the Pingree Park Mining, Milling and Irrigation Company, reservoir priority no. 73 for 460 acre-feet from an unnamed tributary of Pennock Creek of date October 17, 1904, by decree April 22, 1922, situated in Sec. 21, T7N, R73W, 6th P.M. 6.2.4.7. Big Beaver Reservoir, priority no. 35 1/2 for 1529.49 acre-feet from Big Beaver Creek of date August 9, 1898, by decree September 23, 1905, situated in Sections 7 and 18, T7N, R73W, and Sections 12 and 13, T7N, R74W, 6th P.M. 6.2.4.8. Big Beaver Reservoir Enlargement, Priority No. 41 1/2 for 59.13 acre-feet from Big Beaver Creek of date August 8, 1901, by decree September 23, 1905, situated in situated in Sections 7 and 18, T7N, R73W, and Sections 12 and 13, T7N, R74W, 6th P.M. 6.2.4.9. The Bob Creek Ditch and Bob Creek Extension Ditch, located on Bob Creek, a tributary to the Laramie River, in the Northeast 1/4 of the Southwest 1/4 of the NW 1/4 of Sec. 3, T9N, R75W, 6th P.M., decreed in Case No CA5993 on September 11, 1944 with an appropriation date of September 24, 1897 for 60 cfs. 6.2.5. Return flows from the use of water in The 960 Development including septic system return flows, return flows from a central treatment plant discharging to South Lone Pine Creek or tributaries thereto, return flows from fisheries and recreational uses, or other return flows accruing to South Lone Pine Creek and its tributaries to the extent such return flows are lawfully available to Applicant. Applicant intends to retain dominion and control over all return flows resulting from use in The 960 Development. 6.2.6. Other sources decreed for augmentation or approved by the State Engineer pursuant to C.R.S. §37-92-308. 6.3. Statement of plan for augmentation: Withdrawal of ground water from The 960 Wells may cause depletions to South Lone Pine Creek in Sections 31 and 32, T10N, R73W, 6th P.M. Following use of the ground water in The 960 Development, the water will either be discharged into individual septic systems or collected and treated in a central treatment plant prior to discharge to South Lone Pine Creek. Average annual net consumptive use of water from The 960 Wells is estimated at less than 15 acre-feet in addition to the consumptive use of water in ponds within the 960 Development attributable to evaporation from up to 60 acres of surface area. The 960 Development will include various ponds which will be used for recreational, wildlife and fish propagation purposes, or subsequently for irrigation, domestic, livestock, recreation, fish propagation, storage, recharge, augmentation and exchange. Applicant claims the right to use, reuse, and successively use the water diverted. Water will be diverted to such ponds pursuant to the surface and underground water rights requested herein. Water imported to the South Lone Pine Creek Basin from the exchanges described n paragraph 4 above will be used either directly for augmentation or following storage in the various ponds to be constructed in The 960 Development or following storage in the South 60 reservoirs. 7. Name and addresses of owners (other than Applicant) of land on which structures are or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: 7.1. Bellaire Ditch, Bellaire Lake, and Parvin Lake: State of Colorado, Department of Natural Resources, Division of Wildlife, 6060 Broadway, Denver, CO 80216. 7.2. Barnes Meadow Reservoir, Peterson Lake Reservoir, Comanche Reservoir, Twin Lakes Reservoir, Big Beaver Reservoir, and the Bob Creek Ditch: City of Greeley, 1100 10th Street, Greeley, CO 80631. 7.3. South 60 Reservoirs: Campbell Development, c/o Kevin Frazier, 2121 Midpoint Drive, Suite 302, Fort Collins, CO 80525. 08CW260 CAW EQUITIES, LLC, 5460 South Quebec Street, Suite 110�Greenwood Village CO 80111 APPLICATION FOR CHANGE OF WATER RIGHTS AND APPROVAL OF PLAN OF AUGMENTATION IN WELD COUNTY. 2. Purposes of Application: The purposes of this application are: (a) to change the use of water rights that Applicant owns that

are currently decreed for irrigation to allow such to also be used for augmentation, recharge, and substitute supply purposes, either directly or following storage; (b) to provide for the ability to use recharge locations where the changed water rights can be delivered and used for recharge purposes; (c) to adjudicate a plan for augmentation that uses the consumptive use of water associated with the water rights to be changed herein either on a direct flow or release from storage basis, to replace out-of-priority depletions associated with well pumping from wells described below; (d) to provide for a change of place and type of use, including irrigation, commercial and industrial uses on lands described below. 3. Decreed name of structures for which change is sought: (indicate whether ditch, well, springs, reservoir, etc.) 3.1 Highland Ditch (a/k/a Plumb Ditch): The Highland Ditch was decreed in Case No. 6009, as modified by Case No. 41518. A. Date Entered: April, 28, 1883 Civil Action No. 6009 Court: District 2 March 29, 1909 Case No. 41518 Court: District 2 B. Decreed point of diversion: In the NW 1/4 of Section 13, Township 5 North, Range 65 West of the 6th P.M., in Weld County. C. Decreed Use: Irrigation D. Source: South Platte River E. Appropriation Date: October 1, 1871 Decree, No. 6009 Amount:. 64.4 c.f.s. F. Historic use: The water rights to be changed to allow for use of such rights for augmentation, replacement and exchange in addition to their presently decreed purposes are 8 shares in the Plumb Irrigation Company, commonly known as the Plumb Ditch or Highland Ditch. In Case No. 41518, forty (40) c.f.s. of the right decreed in the original Highland Ditch Decree was transferred to the Bijou Irrigation District for diversion at the Bijou canal. The remaining 24.4 c.f.s. has historically been diverted at the Plumb Ditch. The Applicant owns 8 shares in the in the Highland Ditch Company (out of a total of 90 shares) that were historically used to irrigate approximately 80 acres located in Section 7, Township 5 North, 64 West of the 6t' P.M, more particularly shown on Exhibit 1 attached hereto. Applicant’s water is hereafter referred to as “Changed Water”. 4. Proposed change: Applicant seeks the right to use the Changed Water: 4.1 For re-diversion and use for irrigation, commercial, domestic and industrial uses upon the 70 Ranch, a 14,000 acre property located in Weld County more particularly described in Case No. 03CW442, presently pending in Water Court, District 1, State of Colorado. Re-diversion of the Changed Water rights at the 70 Ranch for use on the 70 Ranch and for replacement of depletions from the Big Foot Turf Farm well shall include the right to re-divert water released through augmentation stations on the Plumb Ditch to the South Platte River, re-diversion at the 70 Ranch as described in Case No. 03CW442, there to be released or stored for later release to replace out of priority depletions from the 70 Ranch and the Big Foot Turf Farms wells. 4.2 For augmentation of well depletions for the Big Foot Turf Farm to irrigate approximately 67 acres of turf grass in the W1/2 SE1/4 sec. 10, T4N, R65W. A water right application was filed in the Water Court in Case No. 06CW298 in December 2006 to adjudicate a plan for augmentation for this water use using 7.5 rights in the Riverside Reservoir and Land Company and 3 shares in the Jackson Lake Reservoir Company. This application is to provide additional replacement water for out-of priority depletions for the Big Foot Turf Farm well that is more particularly described as: Big Foot Turf Farm well irrigates approximately 67 acres of turf grass, which is located in the W1/2 SE1/4 sec. 10, T4N, R65W. See Figures 1 and 2. The water for this irrigation will be obtained from the “New West Well” located in the SW1/4 SE1/4 of Sec. 10. This well was assigned Registration No. 11720 by the Division of Water Resources, and it was adjudicated in Case No. W-1630. The water right for the well has a June 20, 1954 priority in the amount of 2.2 cfs. This well is currently equipped with a totalizing flow meter, and until 2007, it was covered by membership in CCWCD’s Well Augmentation Subdistrict. 4.3 To provide for the above changed uses, water will continue to be diverted at the headgate of the Plumb Ditch. Applicant’s share entitlement will be returned to the South Platte River through augmentation stations back to the South Platte River. Depletions from the Big Foot Turn Farm well will be replaced in real time by the releases from the Plumb Ditch or from release from the re-diversion and storage at the 70 Ranch as described herein or in Case No. 03CW442. Maintenance of historic return flows will be made by allocation of real time release to the South Platte River through the augmentation

stations from the Plumb Ditch, from accretion to the South Platte River from accretion ponds located on the lands historically irrigate with the Changed Water rights or from re-diversion, storage and release from the alluvium underlying the 70 Ranch as described in Case No. 03CW442. 5. Name(s) and address(es) of owner(s) of the land on which structures are or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. No structures or other, facilities of any entity other than the Applicant will be used unless and until Applicant may obtain the legal right to do so, and Applicant requests that the decree to be entered herein so provide. Augmentation Plan And Change in Place and Type of Use. 6. Name(s) of structure(s) to be augmented, together with related information applicable to this plan for augmentation: 6.1. All matters relating to the description of the augmentation plan for the Big Foot Turf Farm are as set forth in the application in Case No. 06CW298. 6.2 All matters relating to the description of the re-diversion and use of the Changed Water on the 70 Ranch are as set forth in the application in Case No. 03CW442. 7. Name(s) and address(es) of owner(s) of the land on which structures is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. All structures and places of use are owned by the Big Foot Turf Farm or the 70 Ranch LLC or the United Water and Sanitation District. The addresses and contacts for the owners are set forth in the applications 06CW298 and 03CW442. This application is for the use and benefit of the owners described above and the use of the real property for the benefit of the Big Foot Turf Farm and the 70 Ranch is with the express permission and authority of the owners. DATED this 30th day of November, 2008. Akolt & Akolt, LLC John P. Akolt III Box 777 Kersey , CO 80644 AMENDMENTS 08CW238 SMOKY HILL RANCHES AND CHEYENNE PLACE SUBDIVISION LOT OWNERS, AND JAY AND ROSE BECKMAN, DERALD SHAW AND TINA JACOBSON c/o 45500 Stagecoach Road, Parker, Colorado 80138, through their attorneys: Petrock & Fendel, P.C., James J. Petrock, Atty. Reg. #2881, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. AMENDED APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS, IN ELBERT COUNTY. 2. The original application was filed in October, 2008, and requests adjudication of nontributary Denver, Arapahoe, and Laramie-Fox Hills groundwater underlying approximately 276.1 acres, generally located in parts of Sections 14 and 15, T6S, R65W of the 6th P.M. By this amended application, one additional 5.3 acre tract of land is added to the application, being Lot 2, Cheyenne Place, which is generally located in the NE1/4 of Section 15, T6S, R65W, and which is owned by the Soto Family Trust, whose address and telephone number is 883 Cheyenne Place, Parker, CO 80138 (303) 841-3941. With this additional tract of land, the total amount of acreage in the application is 281.4 acres. All other matters remain the same as shown in the October, 2008, resume for Water Division 1. THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of January 2009 (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 $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.