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Produced Nontributary Ground Water Notification List for Water Division One Pursuant to Rule 17.5.B.2 of the Produced Nontributary Ground Water Rules, 2 CCR 402-17 (“Rules”), the State Engineer is publishing this invitation to persons to be included on the Produced Nontributary Ground Water Notification List. According to Rule 17.5.B.2 of the Rules, the State Engineer must establish a Produced Nontributary Ground Water Notification List for each water division within the State of Colorado for the purposes of ensuring that water users within each water division receive adequate notice of proceedings held pursuant to the Rules. In order to establish such notification list, the State Engineer is directed, in January of each year, to cause to have published in the water court resume for each water division an invitation to be included on such notification list for the applicable water division. Persons on the Produced Nontributary Ground Water Notification List shall be provided notice required pursuant to the Rules by either first-class mail, or, if a person so elects, by electronic mail. The Rules further describe the procedures to be followed by parties upon receiving notice of proceedings held pursuant to the Rules. The Rules are available on the Division of Water Resources website at: www.water.state.co.us. If you would like to be included on the Produced Nontributary Ground Water Notification List for any Water Division, please contact the following for the appropriate form: Produced Nontributary Ground Water Notification List, Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, CO 80203, Phone: (303) 866-3581, Fax: (303) 866-3589, e-mail: [email protected], or sign up on the Division of Water Resources website under the “News &Notification” tab at: www.water.state.co.us.

DISTRICT COURT, WATER DIVISION 1, COLORADO FEBRUARY 2011WATER 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 FEBRUARY 2011 for each County affected. 11CW3 CONCEPCION AND EMILIE BENAVIDES, 7170 Trails End Ct., Colorado Springs, CO 80911. Telephone: (719) 390-0651. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 12-29-04 in case no. 97CW04 in Water Division 1. Benavides Well located SE1/4, NE1/4, S4, T10S, R75W of the 6th PM at a distance 1900 ft from North and 800 ft from East. Street address: 893 Pronghorn Dr. Elkhorn Ranches subdivision; Lot 065. Source: Groundwater. Appropriation date: 12-31-75. Amount: 0.033 cfs (15gpm) Conditional. Use: Household use only in single family dwelling not including irrigation. Return flow from such shall be returned to same stream system. 11CW16 P.H. LLC, 6201 Eagle Ridge Court, Fort Collins, CO 80525. APPLICATION TO MAKE WATER RIGHT ABSOLUTE AND FOR FINDING OF DILIGENCE, in WELD COUNTY. Please send future correspondence and pleadings to 1. Applicant: P.H. LLC, 355 Eastman Park Drive, Suite 200, Windsor, CO 80550. Telephone: 970-674-1055. 2) Name of Structure: Poudre Heights Subdivision Pond. 3 Conditional Water Right: A.Previous Decree: Case No. 03CW134, December 28, 2004, Water Division No. 1 B. Legal Description of Structure: SW1/4 of the NE1/4 of Section 29, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado. The center of the pond is approximately 1730 feet west of the east section line and 2530 feet south of the north section line of said Section 29. C.Source of Water: Cache La Poudre River. D. Date of Appropriation: August 16, 2001. E. Amount: 46.7 acre-feet, conditional, with the right to fill and refill up to 150 acre-feet annually. F. Use: Irrigation of 88.47 acres consisting of lawns, gardens and open space within the Poudre Heights Subdivision. 4. Outline of What Has Been Done Toward Completion of Conditional Appropriation: During the diligence period, Applicant performed several acts toward completion of the appropriation. A slurry wall was constructed to comply with pond leakage standards established by the State Engineer’s Office. Inlet, outlet, and measurement structures have been constructed. Expenditures during the diligence period have been approximately as follows: slurry wall at the pond: $80,000; return structure to river: $75,000. Water has been diverted in priority, stored in the pond, and subsequently released for beneficial use for irrigation. Development of the Poudre Heights Subdivision, the place of use for the water right, has proceeded in phases and development is planned to continue until the subdivision is fully built. Approximately one-third of the development has been completed to date, with two-thirds planned for the future. 5. Claim to Make Absolute: Applicant diverted in priority and stored 9.44 acre-feet in calendar year 2010 and placed it to beneficial use. The areas irrigated are lawns, gardens and open space within the Poudre Heights Subdivision, the boundaries of which are shown on the map attached hereto as Exhibit 1. The Division of Water Resources has not yet completed official diversion records and call records for 2010. Applicant will continue to review records and may revise its claim to increase the amount claimed as absolute and may do so without republication of this application. 6. Applicant seeks a decree granting 9.44 acre-feet absolute of the total 46.7 acre-feet with 37.26 acre-feet of the initial annual fill to remain conditional, and finding that Applicant has demonstrated reasonable diligence on the remaining conditional portion of the appropriation, and such other relief as the Court deems appropriate. 7. The land upon which the Poudre Heights Subdivision Pond is located is owned by: Poudre Heights Master Association, Inc., c/o Kellison Corp., 2601 S. LeMay Ave., Suite 7-424, Fort Collins, CO 80525. 8. Remarks: The original diligence period for this conditional water right expired December 31,

2010, however, due to a docketing error as noted in the Court’s Order Concerning Notice of Expiration dated December 9, 2010, the date of expiration for filing an application is extended to March 31, 2011. Therefore this application is timely. 11CW17 RICHARD K. AND ERLIN J. LEONARD, 4088 E. Maplewood Pl., Littleton, CO 80121. Telephone: (303) 773-3589. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 3-31-05 in case no. 97CW128 in Water Division 1. Leonard Well #2 located SE1/4 of the NE1/4, S5, T13S, R72W of the 6th PM at a distance 2384 ft from North and 222 ft. from East. Street address: 140 Pine Forest Rd. Lot: 22. Source: Groundwater. Appropriation date: 8-5-71. Amount: 0.033 cfs (15gpm) Conditional. Use: Household use only in a single family dwelling, not including irrigation. 11CW18 JRW FAMILY LIMITED PARTNERSHIP, JAMES R., MICHELLE A., DIANE L., AND LISA A. WALKER, 5975 E. Jamison Place, Englewood, Colorado 80112, 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 PLAN FOR AUGMENTATION AND REQUEST FOR CHANG E OF WATER RIGHT, IN DOUGLAS COUNTY. 2. Description of plan for augmentation and change of water right: A. Groundwater to be augmented and change requested: 21.6 acre-feet per year of not nontributary Lower Dawson aquifer groundwater and 12 acre-feet per year of not nontributary Denver aquifer groundwater decreed in Case No. 01CW082, and 17.2 acre-feet per year of not nontributary Denver aquifer groundwater decreed in Case No. 97CW097. The groundwater is associated with and underlying land generally located in parts of the N1/2SE1/4 of Section 34; N1/2SW1/4 and the S1/2SE1/4 of Section 35; and S1/2 of Section 36, T7S, R67W, and the N1/2NE1/4 of Section 1, T8S, R67W of the 6th P.M., as more particularly described and shown on Attachment A hereto (Subject Property). In Case No. 00CW068, an augmentation plan was approved for withdrawal of 33.3 acre-feet per year of not nontributary Lower Dawson aquifer and 54.8 acre-feet per year of not nontributary Denver aquifer groundwater which is also associated with and underlying the Subject Property. Applicants request that the additional amounts of groundwater requested herein be withdrawn in combination with the same groundwater to be withdrawn and pursuant to the terms and conditions approved in Case No. 00CW068. B.Water rights to be used for augmentation: Direct discharge of nontributary groundwater underlying the Subject Property as decreed in Case Nos. 97CW097 and 98CW403. C. Statement of plan for augmentation: All of the groundwater will be used for domestic, commercial, light industrial, and irrigation purposes on the Subject Property. D. Pumping of the Lower Dawson aquifer groundwater requires replacement of actual depletions which at 100 years of pumping is approximately 1.555% of the annual amount withdrawn. Pumping of the Denver aquifer groundwater requires replacement of an amount equal to 4% of the annual amount withdrawn (actual depletion at 100 years of pumping is approximately 0.135%). Depletions occur to the East Plum Creek stream system. Pursuant to the terms and conditions of Case No. 00CW068, replacement of depletions during pumping will be made by pumping nontributary groundwater directly into East Plum Creek. Applicants will reserve an amount of nontributary groundwater which will be sufficient to meet post-pumping augmentation requirements for one thousand years after pumping ceases. 3. Remarks: Applicants will withdraw the not nontributary Lower Dawson and Denver aquifer groundwater underlying the Subject Property under the plan of augmentation requested herein pursuant to Section 37-90-137(9)(c), C.R.S. WHEREFORE, Applicants pray that this Court enter a Decree: 4. Granting the application herein and specifically determining that vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater and the plan for augmentation and change of water rights requested herein; FURTHER, Applicant prays that this Court grant such other relief as seems proper in the premises (5 pages).

11CW19, Darrell and Carrol Uhrig, 1484 Sioux Trail, Elizabeth, CO 80107 (James Petrock, Petrock & Fendel, P.C., 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION IN THE NOT NONTRIBUTARY UPPER DAWSON AQUIFER, in ELBERT COUNT, 5 acres being Lot 8, Block 19, Pawnee Hills Filing 1, in the NW1/4NE1/4 and NE1/4NW1/4 of Section 2, T8S, R65W, Not nontributary Upper Dawson: 1.5 acre-feet, for domestic, including inhouse use, irrigation, stockwatering, and augmentation purposes, including storage. Groundwater to be augmented: All of the available Upper Dawson aquifer groundwater as requested herein through existing well Permit No. 144656. Water rights for augmentation: Return flows from the use of not nontributary groundwater and nontributary Laramie-Fox Hills aquifer groundwater under the land decreed in Case No. 08CW413. Statement of plan for augmentation: The Upper Dawson aquifer water will be used for inhouse use, irrigation, stockwatering, and storage. Sewage treatment for inhouse use will be provided by a non-evaporative septic system and consumptive use will be 10% of inhouse use and 90% of irrigation use. During pumping Applicants will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c), C.R.S. Depletions may occur to the Running Creek stream system. Return flows accrue to the South Platte River stream system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post pumping augmentation requirements. (4 pages). 11CW20, Ground Water Management Subdistrict of the Central Colorado Water Conservancy District (GMS) and the Well Augmentation Subdistrict of the Central Colorado Water Conservancy District (WAS), 3209 West 28th Street, Greeley, Colorado 80631. (970) 330-4540. Bradley C. Grasmick of Lawrence Jones Custer Grasmick LLP, 355 Eastman Park Drive, Suite 200, Windsor, CO 80550. APPLICATION FOR CHANGE OF WATER RIGHTS in WELD AND LARIMER COUNTIES. 1. Decreed Name of Structure: Greeley Irrigation Company (10.8 shares). 2. Previous Decrees: a. A decree was entered in Civil Action No. 320 in the District Court, County of Larimer, State of Colorado on April 11, 1882. The headgate of Canal No. 3 is located on the south side of the Cache La Poudre River in the Northeast Quarter of the Northwest Quarter of the Southeast Quarter of Section 32, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado at a point 1900 feet West and 2200 feet North of the southeast corner of said Section 32. The source of water is the Cache La Poudre River. The decreed use is for irrigation and domestic with the following appropriation dates and amounts: Priority No. Appropriation Date Decreed Amount 35 04/01/1870 52.0 cfs 46 10/01/1871 41.0 cfs 50 07/15/1872 63.13 cfs 58 05/15/1873 16.67 cfs Canal № 3 and the above water rights are jointly owned, with 5/8ths interest belonging to Greeley Irrigation Company and 3/8ths interest belonging to the City of Greeley. Greeley Irrigation Company also owns 60 preferred rights in Fossil Creek Reservoir. Fossil Creek Reservoir was decreed in Civil Action No. 1591 in the District Court of Larimer County, State of Colorado on December 4, 1909 and Case Nos. 2031 and 11217 in the District Court, County of Larimer, State of Colorado on April 22, 1922 and September 10, 1953. Fossil Creek Reservoir stores water from the Cache la Poudre River and is located in Section 10, Township 6 North, Range 68 West of the 6th P.M. in Larimer County, Colorado. The water rights decreed to Fossil Creek Reservoir are as follows: Priority No. Appropriation Date Decreed Amount (acre feet)

Original Constr. 3/5/1901 12,052 (Priority No. 40) First Enlargement 6/1/1904 1,545 (Priority No. 66) Second Filling 3/5/1901 12,052 (Priority No. 136E) b. A decree was entered in Case No. 96CW658 on June 15, 1998 (hereinafter the “Poudre Prairie Decree”) based on a ditch wide analysis of the Greeley No. 3 Ditch and quantified the consumptive use of each share under the Ditch. The Poudre Prairie Decree changed certain shares of the Greeley Irrigation Company and the prorata portion of Fossil Creek Reservoir for multiple uses including augmentation, replacement, exchange, irrigation, domestic, commercial, industrial fire protection, water of livestock, recreational, piscatorial and wildlife propagation. One of the shares which is the subject of this application was changed in the Poudre Prairie Decree. c. GMS and WAS have previously changed 20 shares of the Greeley Irrigation Company (hereinafter “GIC”) in Case No. 97CW078, 65.75 shares of GIC in Case No. 03CW348 and 12 shares of GIC in Case No. 05CW54. 3. Proposed Change: GMS and WAS provide augmentation water to allow the continued operation of alluvial wells during times of call, which wells are the subject of Class B, C and D contracts with GMS and WAS pursuant to §37-45-101 et. seq. C.R.S. GMS and WAS have decreed plans for augmentation; Case No. 2002CW335 and 2003CW99, respectively (hereinafter the “Augmentation Plans”). GMS and WAS seek approval to use the 10.8 shares for augmentation and replacement of out of priority depletions from the wells included the Augmentation Plans whether by first use or successive use, either directly or after re-diversion to storage and/or recharge. GMS and WAS may also use the water from the 10.8 shares as a replacement source in the operation of an exchange or may lease the water to others for the uses decreed herein. GMS and WAS currently have an application pending in Case No. 2005CW331 to decree several exchanges and these shares would be utilized as a replacement source in those exchanges. 4. Historic Use. The 10.8 GIC shares that are the subject of this application were identified in the Poudre Prairie Decree as owned by Flatiron Sand and Gravel (7.0 shares), Al and Charlene Griego (0.8 share) and James Smith (3 shares). The Flatiron Sand and Gravel Shares (7 Shares) and the Al and Charlene Griego Shares (0.8 Shares) are identified as “Floating Shares” in the Poudre Prairie Decree. The James Smith Shares (3 Shares) are identified in the Poudre Prairie Decree as being used on Farm Id No. E-89. The historical use of the Greeley No. 3 Ditch was previously quantified and decreed in Case No. 96CW658 using a ditch wide analysis based on the period of 1950 through 1979. This period encompassed wet years, dry years and years of average supply and the court found it to be representative of the historic use of the rights. During that study period, the average annual diversion of the GIC direct flow water rights was 11,400 acre feet. The amount of those diversions attributable to the 10.8 GIC Shares was 236.9 acre-feet. GMS and WAS propose to limit their future use of the 10.8 GIC shares consistent with the Poudre Prairie Decree. GMS and WAS propose to limit future deliveries of GIC direct flow water associated with the 10.8 GIC shares to an annual maximum farm headgate delivery of 272.9 acre feet and a maximum cumulative 10 year farm headgate delivery of 2,013.7 acre feet. The average consumptive use of the 10.8 GIC shares equals 111.35 acre feet. 5. Return Flows. GMS and WAS will replace the historic return flow obligation which includes both a surface and subsurface component. GMS and WAS intend to utilize the surface and subsurface return flow factors as determined in the Poudre Prairie Decree and applied to the GIC direct flow and Fossil Creek Reservoir water, respectively. These return flow factors are based on the ditch wide analysis. The return flows are hereby reappropriated by GMS and WAS and will be maintained only for calls senior to the date of the filing of this application. 6. Administration and Delivery. GMS and WAS will continue diverting the 10.8 shares through the Canal No. 3 headgate. The 10.8 shares will be returned to the Cache la Poudre River at the F-Street Release Structure, the 23rd Avenue Release Structure, the Westmoor Lake Release

Structure, the 35th Avenue Release Structure or the 16th Street Release Structure. All of these structures, except the 35th Avenue Release Structure, are currently equipped with measuring and continuous recording devices. 7. Name and Address of Owners of Structures: Applicants, Weld County School District RE-7 (owner of .8 shares being changed herein), 501 Clark Street, Kersey, CO 80644 and Greeley Irrigation Company, c/o Ms. Donna Coble, 1025 9th Avenue, #309, Greeley, CO 80632. 11CW21 KEVIN AND DINA MCCARTY, 2275 Alpine Sky Drive, Berthoud, CO 80513. Telephone: (970) 532-4208. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN WELD COUNTY. Date of original decree: 4-25-00 in case no. 97CW342 in Water Division 1. McCarty Pumping Plant located NE1/4, SE1/4, S21, T4N, R68W of the 6th PM at a distance 2275 ft from South and 1105 ft from East. Street Address: 2275 Alpine Sky Drive. Little Thompson Valley Estates subdivision; Lot 1. Source: Little Thompson river. Appropriation date: 09-27-99. Amount: 180 gpm. Use: Irrigation of agricultural land. 11CW22 FURNITURE ROW COLO, LLC, c/o Gregory A. Ruegsegger, General Counsel, 5641 North Broadway, Denver, Colorado 80216. Stephen C. Larson, David F. Bower, Johnson & Repucci LLP, 2521 Broadway, Suite A, Boulder, Colorado 80304, Phone: (303) 442-1900. Application for Determination of Underground Water Rights from the Not Nontributary and Nontributary Denver Basin Aquifers in ARAPAHOE COUNTY, Colorado. Overview. Applicant is the owner of approximately 841.4 acres of land located in Arapahoe County, as more specifically described in paragraph 3 below (the “Subject Property”), and through this application, claims all of the underground water in the Denver, Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers underlying the Subject Property. In addition, Applicant seeks to decree a well field on contiguous lands for the withdrawal of this water and other previously decreed water. Applicant also seeks to adjudicate and include within the well field the following amount of Denver Aquifer water that was left unadjudicated and reserved for exempt wells (as yet undeveloped) in three prior decrees: 36 acre-feet/year reserved in Case No. 97CW396, 48 acre-feet/year reserved in Case No. 99CW66 and 18 acre-feet/year reserved in Case No. 02CW211, all Water Division 1. FIRST CLAIM (Underground Water Rights). Legal Description of the Subject Property. The Subject Property is located in Sections 1 and 12, Township 4 South, Range 65 West, of the 6th P.M., Arapahoe County, Colorado, as shown on the map attached hereto as Exhibit A and as legally described in Exhibit B. The Subject Property is not located within a designated ground water basin. Names and Legal Descriptions of Structures. The names of the wells to be constructed pursuant to this application will be designated at the time they are constructed. Applicant may construct as many wells as necessary to withdraw its full entitlement to the Denver Basin groundwater underlying the Subject Property. The wells may be constructed at any location on the Subject Property pursuant to C.R.S. § 37-92-137(4). Applicant may also establish a well field for groundwater production with contiguous and/or non-contiguous parcels, as allowed for under Rule 14 of the Statewide Nontributary Groundwater Rules (the “Statewide Rules”), 2 CCR 402-7, and as further described herein. Wells and Well Permit Information. There are currently two wells permitted to be located on the Subject Property. Both existing wells are drilled into the Denver Aquifer formation permitted under exempt Permit Nos. 1400 and 44443. Applicant shall abandon these existing permits as a term and condition of this decree and has not, accordingly, deducted any water from this appropriation to account for such permits. Any additional well permits necessary for withdrawing the not nontributary and nontributary groundwater adjudicated pursuant to this application will be obtained prior to drilling any wells into the Denver Basin aquifers. Source of Water. (a) Not Nontributary Water. The groundwater from the Denver Aquifer underlying the Subject Property is not nontributary groundwater as defined by C.R.S. § 37-90-103(10.7). As further explained below, the northern portion of the Subject Property is located within one mile of a point of

contact between a natural stream and the Denver Aquifer, and the southern portion of the Subject Property is located greater than one mile of a point of contact between a natural stream and the Denver Aquifer. Accordingly, Applicant shall not withdraw any not nontributary water until a plan for augmentation is approved allowing such withdrawal, subject to the applicable replacement requirements of C.R.S. § 37-90-137(9). (b) Nontributary Water. The groundwater from the Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills Aquifers underlying the Subject Property is nontributary groundwater as defined by C.R.S. § 37-90-103(10.5). Applicant shall relinquish to the stream system two percent (2%) of all nontributary water withdrawn on an annual basis, or otherwise demonstrate to the State Engineer that not more than ninety-eight percent (98%) of such nontributary water withdrawn shall be consumed by Applicant, pursuant to Rule 8 of the Denver Basin Rules, 2 CCR 402-6. Estimated Amounts Claimed. Applicant requests the right to withdraw all of the legally available Denver Basin groundwater from the not nontributary and nontributary sources underlying the Subject Property at rates of flow necessary to withdraw the entire amount permitted under any decree granted pursuant to this application. Applicant will withdraw all of the groundwater in all aquifers through wells to be located anywhere on the Subject Property and/or from the well field described in paragraph 9 below. Said amounts may be (a) withdrawn over the 100-year life of the aquifers as set forth in C.R.S. § 37-90-137(4); (b) withdrawn over a longer time based upon actual withdrawal or local government regulations; or (c) withdrawn subject to the banking provisions of Statewide Rule Rule 8.A. In order to estimate the total amount of not nontributary and nontributary groundwater available to Applicant from the Subject Property, the Subject Property has been divided into three subparcels, as generally described below. The estimated average annual amounts of withdrawal from the subject aquifers from each of the subparcels as indicated below is based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicant estimates that the following values and average annual amounts are representative of the aquifers underlying the Subject Property: Section 1, Township 4 South, Range 65 West

Aquifer Overlying Land (acres)

Saturated Sand Thickness (feet)

Specific Yield (percentage)

Type Annual Withdrawal (af/yr)

Denver 525.54 259.2 0.17 NNT – actual 231.8 Upper Arapahoe 525.54 146.2 0.17 NT 130.7 Lower Arapahoe 525.54 65.9 0.17 NT 58.9 Laramie-Fox Hills 525.54 161.0 0.15 NT 127.0 Total Not Nontributary (NNT): 231.8 Total Nontributary (NT): 316.6 Total: 548.4

NW1/4 & W1/2 NE1/4 of Section 12, Township 4 South, Range 65 West Aquifer Overlying

Land (acres)




Denver 236.87 256.4 0.17 NNT – actual 103.3 Upper Arapahoe 236.87 151.1 0.17 NT 60.9 Lower Arapahoe 236.87 65.8 0.17 NT 26.5 Laramie-Fox Hills 236.87 169.7 0.15 NT 60.3 Total Not Nontributary (NNT): 103.3 Total Nontributary (NT): 147.7 Total: 251.0

W1/2 SE1/4 of Section 12, Township 4 South, Range 65 West Aquifer Overlying

Land Saturated Sand Thickness

Specific Yield

Type Annual Withdrawal

(acres) (feet) (percentage) (af/yr) Denver 78.96 249.5 0.17 NNT – 4% 33.5 Upper Arapahoe 78.96 154.5 0.17 NT 20.7 Lower Arapahoe 78.96 67.6 0.17 NT 9.1 Laramie-Fox Hills 78.96 176.1 0.15 NT 20.9 Total Not Nontributary (NNT): 33.5 Total Nontributary (NT): 50.7 Total: 84.2

The total estimated average annual amount of withdrawal from each of the Denver Basin Aquifers underling the Subject Property is as follows: Aquifer Type Annual Withdrawal (af/yr) Denver NNT – actual* 335.1 Denver NNT – 4%** 33.5 Upper Arapahoe NT 212.3 Lower Arapahoe NT 94.5 Laramie-Fox Hills NT 208.2 TOTAL 883.6 * The portion of the Subject Property located in Section 1 and the N1/2 of Section 12, Township 4 South, Range 65 West, of the 6th P.M., is located within one mile of a point of contact between a natural stream and the Denver Aquifer. Accordingly, it is subject to actual replacement of stream depletions pursuant to C.R.S. § 37-90-137(9). ** The portion of the Subject Property located in the S1/2 of Section 12, Township 4 South, Range 65 West, of the 6th P.M., is located greater than one mile of a point of contact between a natural stream and the Denver Aquifer. Accordingly, it is subject to replacement of 4% of the amount of water withdrawn to replace stream depletions pursuant to C.R.S. § 37-90-137(9). Uses or Proposed Uses. Water withdrawn from the Subject Property may be used, reused, and successively used to extinction, both on and off the Subject Property, for the following beneficial purposes: recreational, domestic, municipal, industrial, commercial, irrigation, livestock watering, fish and wildlife, fire protection, augmentation, replacement, and exchange. The water may be immediately used or stored for subsequent use, used for exchange purposes, for direct replacement of depletions, and for other augmentation purposes. Applicant claims the right to recapture, directly or by exchange, the return flows arising from use of this water and to reuse the same directly, by credit or after storage or reinjection, all in accordance with Colorado law. The water may be leased, sold, or otherwise disposed of for all of the above uses. Remarks. (a) Applicant shall be entitled to the issuance of well permits for additional wells pursuant to C.R.S. § 37-90-137(10). Pursuant to Statewide Rules 11 and 14, Applicant claims a well field for production of the ground water that is the subject of this application on those lands identified in the decrees entered in Case Nos. 89CW047, 97CW396, 99CW066, 01CW181, 02CW211, 02CW395, 04CW12, 04CW212, 04CW213 and 05CW35, Water Division 1, which are generally depicted on the map attached hereto as Exhibit C, and are generally described in Exhibit C-1 (the “Well Field”). (b) Applicant waives any six hundred foot spacing rules as described in C.R.S. § 37-90-137(2), as between all wells located on the Subject Property and between all wells on the Well Field by Applicant. (c) Although Applicant has estimated the amount of water available from the Denver Basin aquifers, Applicant claims the right to withdraw all not nontributary and nontributary groundwater underlying the Subject Property, and therefore requests the right to revise the estimates upward or downward, in any final decree based on revised data, without the necessity of amendment to or republication of this application. Name and Address of Landowner. Applicant is the owner of the Subject Property. SECOND CLAIM (Well Field) Applicant is the successor to and owner of certain contiguous lands and previously adjudicated Denver Basin ground water rights underlying such lands located in Arapahoe County. By this claim, Applicant

seeks to change the previously adjudicated Denver Basin ground water rights conveyed to Applicant with such contiguous lands, so that the water underlying the contiguous lands may be withdrawn from the Well Field, pursuant to the Statewide Rules, 2 CCR 402-7. (footnote: One parcel of land, identified below, is slightly non-contiguous but is applied for as part of the Well Field pursuant to Statewide Rule 11(b).) A map showing the parcels included within the Well Field is attached hereto as Exhibit C. (a) Original Decrees. The original decrees for the Denver Basin underground water rights sought to be changed for the purposes of withdrawing the water from the Well Field are as follows: (i) Case No. 89CW047, entered February 8, 1991. (ii) Case No. 97CW396, entered November 25, 1998. (iii) Case No. 99CW066, entered February 29, 2000. (iv) Case No. 01CW181, entered October 21, 2003. (v) Case No. 02CW211, entered November 3, 2003 and amended nunc pro tunc on March 3, 2004. (vi) Case No. 02CW395, entered February 24, 2004. (vii) Case No. 04CW213, entered February 7, 2006. (viii) Case No. 05CW35, entered March 16, 2006. (b) Legal Descriptions of the Properties. Applicant owns Denver Basin water underlying the properties that are the subject of the above-referenced cases, as further described below, which properties are generally described in Exhibit C-1, and which are located in Sections 5, 6, 7, 8 and 18, Township 4 South, Range 64 West, and in Sections 2, 11, 12, 13, 14 and 24, Township 4 South, Range 65 West, of the 6th P.M. None of the properties are located within a designated ground water basin. (c) Decreed Sources. The decreed sources of water for all of the cases cited in paragraph 11(a) above are not nontributary water from the Denver Aquifer and nontributary water from the Upper Arapahoe, Lower Arapahoe, and the Laramie-Fox Hills Aquifers. (d) Amounts. The annual withdrawals decreed in the individual cases cited in paragraph 11(a) above and which, pursuant to this claim, shall be withdrawn within the Well Field adjudicated herein, are set forth below.

Case No. 89CW047 Aquifer Overlying

Land (acres)




Denver 933 240 0.17 NNT – 4% 381 Upper Arapahoe 956 150 0.17 NT 244 Lower Arapahoe 956 75 0.17 NT 122 Laramie-Fox Hills 956 175 0.15 NT 251 Total Not Nontributary (NNT): 381 Total Nontributary (NT): 617 Total: 998 Case No. 97CW396 Aquifer Overlying

Land (acres)




Denver* 460 250 0.17 NNT – actual 189 Upper Arapahoe 460 150 0.17 NT 117 Lower Arapahoe 460 60 0.17 NT 47 Laramie-Fox Hills 460 155 0.15 NT 107 Total Not Nontributary (NNT): 189 Total Nontributary (NT): 271 Total: 460 * The decree entered in Case No. 97CW396 reserved 39 acre-feet/year from the Denver Aquifer for future exempt wells. To date, only 3 acre-feet/year underlying the 97CW396 property has been developed, under Well Permit No. 51341. In this case, Applicant seeks to adjudicate this water and withdraw the remaining 36 acre-feet/year from the Well Field. Case No. 99CW066





Denver* 576 255 0.17 NNT – 4% 247.7 Upper Arapahoe 576 139 0.17 NT 136.1 Lower Arapahoe 576 71 0.17 NT 69.5 Laramie-Fox Hills 576 157 0.15 NT 135.6 Total Not Nontributary (NNT): 247.7 Total Nontributary (NT): 341.2 Total: 588.9 * The decree entered in Case No. 99CW066 reserved 48 acre-feet/year from the Denver Aquifer for future exempt wells. In this case, Applicant seeks to adjudicate this water and withdraw the entire 48 acre-feet/year from the Well Field. Case No. 01CW181* Aquifer Overlying

Land (acres)




Denver 182 240 0.17 NNT – actual 73.3 Upper Arapahoe 182 145 0.17 NT 44.9 Lower Arapahoe 182 60 0.17 NT 18.6 Laramie-Fox Hills 182 150 0.15 NT 41.0 Total Not Nontributary (NNT): 73.3 Total Nontributary (NT): 104.5 Total: 177.8 * As shown on Exhibit C, the parcel associated with this case is slightly non-contiguous to the rest of the contiguous lands. This parcel is claimed as part of the Well Field in accordance with Statewide Rule 11(b). Case No. 02CW211* Aquifer Overlying

Land (acres)




Denver** 160 225 0.17 NNT – actual 61.2 Upper Arapahoe 160 135 0.17 NT 36.7 Lower Arapahoe 160 70 0.17 NT 19.1 Laramie-Fox Hills 160 160 0.15 NT 38.4 Total Not Nontributary (NNT): 61.2 Total Nontributary (NT): 94.2 Total: 155.4 * The decree in Case No. 02CW211 adjudicated the water underlying a total of approximately 774 acres associated with three distinct parcels of land located in Adams, Arapahoe and Weld Counties (identified therein as Parcels 1, 2 and 3, respectively). Of those decreed lands, Applicant owns 160 acres of the 640 acres located in Arapahoe County (the SW1/4 of Parcel 2), along with the Denver Basin water underlying the 160 acres. The Well Field adjudicated herein only includes the Denver Basin water underlying the 160 acres decreed in Case No. 02CW211 owned by Applicant. ** The decree entered in Case No. 02CW211 reserved 72 acre-feet/year from the Denver Aquifer for future domestic exempt wells to be located on all 640 acres of Parcel 2. In this case, Applicant seeks to adjudicate and withdraw the portion of the reserved water underlying its 160 acres, 18 acre-feet/year, from the Well Field. Case No. 02CW395





Denver 127 250 0.17 NNT – 4% 53.9 Upper Arapahoe 127 145 0.17 NT 31.3 Lower Arapahoe 127 80 0.17 NT 17.2 Laramie-Fox Hills 127 175 0.15 NT 33.3 Total Not Nontributary (NNT): 53.9 Total Nontributary (NT): 81.8 Total: 135.7 Case No. 04CW213 Aquifer Overlying

Land (acres)




Denver 323 250 0.17 NNT – 4% 137.3 Upper Arapahoe 323 150 0.17 NT 82.4 Lower Arapahoe 323 80 0.17 NT 43.9 Laramie-Fox Hills 323 175 0.15 NT 84.8 Total Not Nontributary (NNT): 137.3 Total Nontributary (NT): 211.1 Total: 348.4 Case No. 05CW35 Aquifer Overlying

Land (acres)




Denver 86 210 0.17 NNT – 4% 30.6 Upper Arapahoe 86 145 0.17 NT 21.1 Lower Arapahoe 86 80 0.17 NT 11.6 Laramie-Fox Hills 86 175 0.15 NT 22.5 Total Not Nontributary (NNT): 30.6 Total Nontributary (NT): 55.2 Total: 85.8 TOTAL: 2,950.0

(e) Proposed Change. Applicant requests that the Denver Basin underground water rights for the cases referenced in paragraph 11(a) above be changed to allow Applicant to withdraw the total annual amount of ground water adjudicated therein from a well or wells located anywhere on the Well Field depicted on Exhibit C. Well Field. (a) Included within the Well Field lands depicted on Exhibit C are lands that are the subject of the Denver Basin water decreed in Case Nos. 04CW12 and 04CW212. Applicant seeks to include the portion of these lands that is owned by Applicant within the Well Field decreed herein. The decrees in Case Nos. 04CW12 and 04CW212 already provide that the water decreed therein may be withdrawn from any contiguous lands or from any non-contiguous lands pursuant to Statewide Rule 11(b). Therefore, no change is needed in reference to those decrees in order to include them within the Well Field decreed herein. The water quantified and decreed in these two cases is set forth in the table below.

Case No. 04CW12 Aquifer Overlying

Land (acres)




Denver 24 255 0.17 NNT – actual 10.5

Denver 618 255 0.17 NNT – 4% 267.9 Upper Arapahoe 642 145 0.17 NT 158.3 Lower Arapahoe 642 70 0.17 NT 76.4 Laramie-Fox Hills 642 165 0.15 NT 158.9 Total Not Nontributary (NNT): 278.4 Total Nontributary (NT): 393.6 Total: 672.0 Case No. 04CW212* Aquifer Overlying

Land (acres)




Denver 535 235 0.17 NNT – actual 213.7 Denver 374 235 0.17 NNT – 4% 149.5 Upper Arapahoe 933 150 0.17 NT 238.1 Lower Arapahoe 933 70 0.17 NT 111.1 Laramie-Fox Hills 933 170 0.15 NT 238.1 Total Not Nontributary (NNT): 363.2 Total Nontributary (NT): 587.3 Total: 950.5 * Case No. 04CW212 decreed the Denver Basin water underlying 968.263 acres of land. Applicant currently owns approximately 933 acres of land overlying the subject parcel. The amount of water to be withdrawn from the subject Well Field has been adjusted accordingly. TOTAL: 1622.5

(b) Accordingly, the total amounts of previously decreed water to be withdrawn from the Well Field, including Case Nos. 04CW12 and 04CW212 (as to which a change is not needed), are set forth in the table below. Furniture Row Contiguous Lands – Summary of Previously Decreed Denver Basin Water Underlying Approximately 4,446 Acres Aquifer Type Annual Withdrawal (af/yr) Denver NNT – actual 547.7 Denver NNT – 4% 1,267.9 Upper Arapahoe NT 1,109.9 Lower Arapahoe NT 536.4 Laramie-Fox Hills NT 1,110.6 TOTAL 4,572.5 (c) The total amount of water to be withdrawn from the Well Field depicted on Exhibit C, including all previously decreed water and the water to be adjudicated and decreed pursuant to the First Claim in this application, is set forth in the table below. Furniture Row Contiguous Lands – Summary of Denver Basin Water Underlying Approximately 5,287.4 Acres (including the water to be adjudicated pursuant to the First Claim of this Application) Aquifer Type Annual Withdrawal (af/yr) Denver NNT – actual 882.8 Denver NNT – 4% 1,301.4 Upper Arapahoe NT 1,322.2 Lower Arapahoe NT 630.9 Laramie-Fox Hills NT 1,318.8 TOTAL 5,456.1

(d) All water withdrawn from the Well Field may be used, reused, and successively used to extinction, both on and off the parcels included within the Well Field, for the following beneficial purposes: recreational, domestic, municipal, industrial, commercial, irrigation, livestock watering, fish and wildlife, fire protection, augmentation, replacement, and exchange. The water may be immediately used or stored for subsequent use, used for exchange purposes, for direct replacement of depletions, and for other augmentation purposes. Applicant claims the right to recapture, directly or by exchange, the return flows arising from use of this water and to reuse the same, directly, by credit or after storage or reinjection. The water may be leased, sold, or otherwise disposed of for all of the above uses. (12 pages) 11CW23, Garry W. Stumpf, 42923 Sager Lane, Parker, CO 80138 (Kara N. Godbehere, Petrock & Fendel, P.C., 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AQUIFERS, in ELBERT COUNTY, Lot 52, Cherry Ridge Subdivisin Filing 2, NW1/4NW1/4 of Section 36, T6S, R65W of the 6th P.M., 3.5 acres, Denver: 2.1 acre-feet; Arapahoe: 1.6 acre-feet; and Laramie-Fox Hills: 1.0 acre-feet, Domestic, commercial, irrigation, stockwatering, and augmentation purposes, on and off the Subject Property. (3 pages). 11CW24 CENTENNIAL WATER AND SANITATION DISTRICT, 62 West Plaza Drive, Highlands Ranch, Colorado 80129, E-mail address: [email protected], 303-791-0430. Attorney: Veronica A. Sperling, Buchanan and Sperling, P.C., 7703 Ralston Road, Arvada, Colorado 80002, [email protected], 303-431-9141. APPLICATION FOR FINDING OF DILIGENCE IN DOUGLAS COUNTY. 2. Names of structures: A. Dad Clark Gulch Diversion Point No. 1. B. Dad Clark Gulch Diversion Point No. 2. 3. Describe conditional water right (as to each structure) giving the following from the Referee’s Ruling and Judgment and Decree: A. Date of Original Decree, Case No. and Court: July 10, 1989, in Case No. 86CW334, District Court, Water Division 1. Decrees finding diligence were entered on December 16, 1996 in Case No. 95CW162, District Court, Water Division 1, and on February 9, 2005 in Case No. 02CW313, District Court, Water Division 1. B. Legal description: (1) Dad Clark Gulch Diversion Point No. 1: In Section 3, Township 6 South, Range 68 West, of the 6th P.M., at a point approximately 700 feet from the North section line and 100 feet from the West section line. (2) Dad Clark Gulch Diversion Point No. 2: In Section 3, Township 6 South, Range 68 West, of the 6th P.M., at a point approximately 2250 feet from the North section line and 1050 feet from the West section line. C. Source: Dad Clark Gulch drainage basin, tributary to the South Platte River. D. Appropriation date: October 17, 1985. Amount: (1) Dad Clark Gulch Diversion Point No. 1: 1.0 cfs, CONDITIONAL. (2) Dad Clark Gulch Diversion Point No. 2: 3.0 cfs, CONDITIONAL. E. Use: Municipal, domestic, industrial, commercial, irrigation, stockwatering, recreation, and fish and wildlife purposes on Highlands Ranch and at other locations within the South Platte River drainage. F. Depth (if well): Not applicable. 4. Outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: During the previous diligence period, Centennial developed and received State Engineer approval of accounting procedures required by the decree in Case No. 85CW415, District Court, Water Division 1, to quantify outdoor use return flows in the Dad Clark Gulch drainage basin, and constructed a gaging station on Dad Clark Gulch to measure stream flows. Under the subject conditional water rights, Centennial may divert up to a total of 4 cfs of the natural flow in the Dad Clark Gulch drainage basin. During the subject diligence period, Centennial has continued to take daily readings of the flows at the gaging station on Dad Clark Gulch and to report those readings. Quantification of reusable outdoor use return flows and measurement of flows in Dad Clark Gulch are necessary in order to account for diversions under the subject conditional water rights. The subject conditional water rights are part of a unified

water supply system that is being constructed to supply water to Highlands Ranch, for municipal and other purposes. During the diligence period, Centennial engaged in the following efforts to develop its municipal water and wastewater systems, at the approximate costs indicated: Water Storage Facilities, 2005-2010, $23,630.401; Tingle Reservoir, 2007-2008, $3,245,975; Raw Water Source of Supply, 2008-2010, $515,735; Water Treatment Plant, 2008, $68,434; Booster Pump Stations, 2005, 2007 and 2008, $150,484; Wastewater Treatment Plant, 2005, 2007-2010, $1,417,290; Water Infrastructure, 2005-2008, $782,306; Denver Basin Wells, 2005-2010, $2,387,958; TOTAL $32,198,583. In addition, during the diligence period, Centennial has spent in excess of $1,000,000 obtaining decrees for water rights that are part of its unified water supply system and for participating as an objector in various Water Court cases to protect its water rights, including the subject conditional water rights, from injury due to claims of other water users. 5. If claim to make absolute: Not applicable. 6. Name and address of owner of land upon which any new diversion or storage structure or modification to any existing diversion or storage structure or existing storage pool is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Shea Homes, c/o Jeffrey H. Donelson, 1805 Shea Center Drive, Suite 450, Highlands Ranch, Colorado 80129. WHEREFORE, Centennial requests the Court to enter a decree finding that Centennial has proceeded with reasonable diligence toward the completion of the appropriations of the subject conditional water rights and continuing the subject conditional water rights in full force and effect for an additional diligence period. (5 pages) 11CW25 ORDER GRANTED TO PUBLISH RESUME IN WATER DIVISION 2 ONLY. (CASE 11CW10). 11CW26 (02CW075, W-66). St. Vrain & Left Hand Water Conservancy District (the “District”), c/o Sean T. Cronin, Executive Director, 9595 Nelson Road, Box C, Suite 203, Longmont, CO 80501, [email protected], (303) 772-4060. (Jeffrey J. Kahn, Scott E. Holwick, Lyons Gaddis Kahn & Hall, PC, P.O. Box 978, Longmont, CO 80502-0978.) APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN BOULDER COUNTY. 2. Name of structures: A) Coffintop Reservoir. B) Coffintop Reservoir, First Enlargement. 3. Describe conditional water rights (as to each structure) from the Referee’s Ruling and Judgment and Decree: Coffintop Reservoir (the “Reservoir”): A) Date of original decree, case no. and court: The original decree was entered by District Court, Water Division No. 1 on August 11, 1978 in Case No. W-66. B) Subsequent decrees awarding findings of diligence (case nos. and dates of decrees): Diligence decrees were entered by District Court, Water Division No. 1 on: (i) December 31, 1984 in Case No. 82CW339; (ii) July 28, 1989 in Case No. 86CW255; (iii) April 12, 1996 in Case No. 95CW148; and (iv) February 15, 2005 in Case No. 02CW075. C) Legal Description: County:

oulder

E 1/2 of the

E 1/2 Section 24

Township

N

Range

1W

Principal Meridian 6th

Distance from section lines (section lines are typically not property lines): approximately 1700 feet from the south and 0 feet from the east. Street Address: N/A Subdivision: Lot: Block:

The decreed legal description for the initial point of survey of the high water line of the Reservoir is located at a point where the SE corner of Section 24, T3N, R71W of 6th P.M. bears S20°15’W 1,100 feet, and may extend into Sections 24, 25, 26 and 27. The location of the Reservoir is shown on the map attached as Attachment No. 1. D) Source of water: The sources of supply

for Coffintop Reservoir are the South St. Vrain Creek, Middle St. Vrain Creek, and all other creeks which are tributary to the South St. Vrain Creek. Coffintop Reservoir will be an on-channel reservoir across the South St. Vrain Creek. E) Appropriation: Date: December 31, 1969. Amount: 31,902.74 acre feet CONDITIONAL. F) Uses: The decreed uses are all municipal uses including domestic use, mechanical use, manufacturing use, generation of electric power, power generally, fire protection, use for sewage treatment, street sprinkling, watering of parks, trees, lawns, grounds, maintaining adequate storage reserves, irrigation, replacement and adjustment and regulation of other units of the District’s water system, recreation and other uses including replacement, adjustment and regulation with the City of Longmont. Coffintop Reservoir, First Enlargement (“First Enlargement”): A) Date of original decree, Case No. and Court: The original decree was entered March 9, 1990, in Case No. 80CW462, District Court for Water Division No. 1. B) Subsequent decrees awarding findings of diligence (Case No. and date of decree): Diligence decrees were entered on September 18, 1996 in Case No. 96CW048 and on February 15, 2005 in Case No. 02CW075, District Court for Water Division No. 1. C) Legal Description: The decreed location of the First Enlargement is the same as that described for the Reservoir in paragraph 3.C., above. The location of the First Enlargement is also shown on Attachment No. 1. D) Source of water: The sources of supply for the First Enlargement are the South St. Vrain Creek, Middle St. Vrain Creek, North Fork St. Vrain Creek and all other creeks which are tributary to the South St. Vrain Creek. Coffintop Reservoir will be an on-channel reservoir across the South St. Vrain Creek. E) Appropriation: Date: July 18, 1974. Amount: 84,000 acre feet CONDITIONAL. F) Uses: The decreed uses are municipal, industrial, irrigation, hydroelectric power generation, flood control, water quality control, recreation and fishery enhancement. The conditional water rights for the Reservoir and the First Enlargement are collectively referred to herein as the “subject water rights”. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: The subject water rights are planned to be integral components of both the District’s decreed basin-wide augmentation plan and the District’s overall Watershed mission. During the period from February, 2005 to the present (the “Diligence Period”), the District expended considerable time and money in the development of the subject water rights. The District expects to expend additional time and money to perfect the subject water rights. During the Diligence Period, the District: (A) Obtained a final decree for its basin-wide augmentation plan in Case No. 02CW334, District Court for Water Division No. 1, which, among other elements, changed eight direct flow and storage water rights for augmentation use, including the subject water rights. Pursuant to the decree, each of the changed water rights comprise a part of the District’s integrated system of water rights and structures under C.R.S., Section 37-92-301(4)(b). During the Diligence Period, the District expended more than $188,000.00 on legal, engineering and administrative costs to obtain the final decree. (B) Contributed $27,600.00 to Northern Colorado Water Conservancy District for the installation of 24 new telemetry dataloggers on all of the primary ditches on St. Vrain and Left Hand Creeks. The installation of the dataloggers provides accurate measurement of river headgate diversions within the District and allows the Division Engineer to more efficiently administer water within the District. Such accurate measurement and administration of diversions within the District is required before the District completes the final design and the construction of Coffintop Reservoir and will be necessary following its construction. (C) Installed new low-flow flumegates at or near the river headgates of the Oligarchy, the Highland and the Palmerton/Rough & Ready ditches pursuant to an intergovernmental partnership with the City of Longmont and Boulder County. The installation of the flumegates provides accurate measurement of diversions to, and allows for the precise bypass of stream flows past, each of the three river headgates. Such accurate measurement and administration of diversions within the District is required before the District completes the final design and the construction of Coffintop Reservoir and will be necessary

following its construction. (D) Commenced an ongoing study on the Affect of Changing Climate in St. Vrain Creek to better understand how temperature change trends have affected, or will in the future affect precipitation and streamflow within the District. Data the District has collected and will in the future collect pursuant to this study may affect the final design and the construction of Coffintop Reservoir. (E) Applied for and was awarded by the Colorado Department of Public Health and Environment a watershed management planning grant for the St. Vrain Creek Watershed pursuant to Section 319 of the Clean Water Act. The grant partially funds the District’s efforts to assess and monitor the water quality of the St. Vrain Creek Watershed. Depending on the data collected pursuant to the grant, the quality of water in the streams within the St. Vrain Creek Watershed may become an important element of the District’s final design and construction of Coffintop Reservoir. (F) Filed statements of opposition to numerous Division No. 1 water rights applications during the Diligence Period to protect the subject water rights. During the Diligence Period, the District expended more than $72,000.00 on legal, engineering and administrative costs on such cases. 5. If a claim to make absolute, water applied to beneficial use: N/A. 6. Name(s) and address(es) of owner(s) or reputed owners of 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 dam will be located and the water will be stored upon land owned by the individuals and entities identified on Attachment No. 2. 7. Comments. The water associated with the subject water rights will be placed to the claimed beneficial uses on lands located anywhere within the boundaries of the District as they are now or may in the future be established. 11CW27 OREN LaRUE, PO BOX 669, Springdale, AZ 72765. Telephone: (479)756-6379. APPLICATION TO MAKE ABSOLUTE IN PARK COUNTY. Date of original decree: 03-16-05 in case no. 96CW774 in Water Division 1. LaRue Well located NW1/4, SE1/4, S11, T10S, R75W of the 6th PM at a distance 2300 ft from South and 2100 ft from East. Street address: 2691 McDowell Dr. Buffalo subdivision; Lot 126, Filing 1. Source: groundwater. Appropriation date: 11-25-97. Amount: 2 gpm. Depth: 420 ft. Date water applied to beneficial use: 11-25-97. Use: Household single family. 11CW28 JAMES J. COOMES, 8837 W. Chestnut Ave., Littleton, CO 80128. Telephone: (303) 972-4273. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 2-11-05 in case no. 96CW559 in WD 1. Coomes Well located SE1/4, NE1/4, S26, T9S, R75W of the 6th PM at a distance 1400 ft. from North and 700 ft from East. Street address: 781 Bowstring Rd. Indian Mountain subdivision; Lot 62; Filing 25. Source: Groundwater. Appropriation date: 3-13-73. Amount: 0.033 cfs (15 gpm) Conditional. Use: Household use in single family dwelling. 11CW29 Cherry Creek Valley Water and Sanitation District (“District”), 2325 South Wabash Street, Denver, Colorado 80231, (303) 755-4474, through attorneys: Petrock & Fendel, P.C., Frederick A. Fendel, III, Atty. Reg. #10476, Matthew S. Poznanovic, Atty. Reg. #29990, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR CHANGES OF WATER RIGHTS AND AMENDMENTS TO PLAN FOR AUGMENTATION, IN ARAPAHOE COUNTY. 2. Summary of Application. The District has drilled its CCV ALV-2 alluvial well at a location that varies from the decreed location for the well. The District requests changes of the conditional water right for the CCV ALV-2 well decreed in Case No. 90CW218(A), and the Wabash Storage and Recharge System water right decreed in Case No. 94CW266 as amended in Case Nos. 03CW126 and 04CW344 to conform to the actual well location. The CCV ALV-2 well is also an augmented point of diversion and augmentation source for the District’s augmentation plan decreed in Case Nos.

90CW218(A), and 94CW267 as amended in Case Nos. 03CW126 and 04CW344 and an “exchange to” point for the District’s three exchanges originally decreed in Case Nos. 90CW218(A) and 94CW266, and as amended in Case Nos. 03CW126 and 04CW344. The District seeks to amend its augmentation plan to conform to the actual location for the CCV ALV-2 well and to conform its decreed exchanges to the actual location of the CCV ALV-2 well as an “exchange to” point for the exchanges. The District does not seek to enlarge, expand or increase the decreed quantity of water which may be withdrawn, exchanged, or applied to beneficial use, nor to change the character, purpose or place of use of the water rights and exchanges that are the subject of this application. 3. Description of Conditional Water Right for the CCV ALV-2 Well from original decree in Case No. 90CW218(A): 3.1 Original Decree: Case No. 90CW218(A), entered April 27, 1994. 3.2 Decreed Location from Case No. 90CW218(A): In the NE1/4 of the SE1/4 of Section 28, T4S, R67W of the 6th P.M. at a point 1350 feet from the south line and 880 feet from the east line. 3.3 Source of water: Cherry Creek, tributary to the South Platte River. 3.4 Date of appropriation: December 28, 1990. 3.5 Amount: 2.23 cfs (1000 gpm), Conditional. 3.6 Use: Water diverted under the CCV ALV-2 well may be used for all municipal purposes within the District’s service area described in Exhibit A, including domestic, industrial, commercial, irrigation, stockwatering, fire protection, recreation, fish and wildlife preservation and propagation. Water may be diverted for use in the separate water system serving a portion of the District pursuant to agreement with the Denver Water Department. 4. Description of Change to the Conditional Water Right for the CCV ALV-2 Well: The District seeks a change of water rights to conform to the actual location of the well. The new actual location for the CCV ALV-2 well is at a point in the SE1/4 of the SE1/4 of Section 28, T4S, R67W, 6th P.M., Arapahoe County, approximately 548 feet from the south section line and 540 feet from the east section line as described on the map attached to the application as Exhibit B. All other elements of the conditional water right for the CCV ALV-2 remain the same. 5. Description of Water Rights for the Wabash Storage and Recharge System from original decree in Case No. 94CW266 as amended in Case Nos. 03CW126 and 04CW344: 5.1 Decrees: Case No. 94CW266, entered January 3, 1997, as amended in Case Nos. 03CW126 and 04CW344, entered October 19, 2010. 5.2 The decree in Case No. 03CW126 and 04CW344 changed the places of storage as follows: 5.2.1 West Wabash Storage & Recharge Structure, to be located on lands in the NW1/4 of the SE 1/4 of Section 28, T4S, R67W of the 6th P.M. The capacity will be up to 125 acre-feet. The West Wabash Storage & Recharge Structure discharges to Cherry Creek in the NE1/4 of the SW 1/4 of Section 28, T4S, R68W of the 6th P.M. 5.2.2 West Wabash Alluvial Underground Storage Structure, to be located in the alluvium beneath the West Wabash Storage & Recharge Structure. The capacity will not exceed 110 acre-feet. 5.2.3 East Wabash Storage and Recharge Structure is a series of interconnected ponds and watercourses identified as the Cherry Creek Country Club (CCCC) Golf Course Water Bodies A – L that have been constructed as an integrated water system. The total constructed capacity is approximately 83 acre-feet of which 41 acre-feet is active storage and 42 acre-feet will be pool and dead storage. The East and West Wabash Storage and Recharge Structures will be interconnected by pipelines. The East Wabash Storage and Recharge Structure is located in portions of Sections 27, 28, 33, and 34 of T4S, R67W of the 6th P.M. The East Wabash Storage and Recharge Structure discharges to Cherry Creek in the NW1/4 of the NW1/4 of Section 34, T4S, R67W of the 6th P.M. 5.2.4 East Wabash Alluvial Underground Storage Structure, to be located in the alluvium beneath portions of the Cherry Creek Country Club Golf Course in portions of Sections 27, 28, 33, and 34 of T4S, R67W of the 6th P.M. The capacity of water diverted into storage pursuant to the Wabash Storage and Recharge System water right will not exceed 419 acre-feet. 5.3 Source: Water diverted from Cherry Creek and its alluvium and surface water tributary thereto. 5.4 Water will be diverted into the Wabash Storage and Recharge Structures through the following structures: 5.4.1 Parker-Iliff Storm Line Diversion Pipeline, with a point of diversion located in the NW1/4 of the SW1/4 of Section 27, T4S, R67W, 6th P.M. at a point located approximately 2720 feet south of the north

line and 880 feet east of the west line of said section, said point being on the south side of Iliff Avenue and west of the Highline Canal. Capacity 165.0 cfs. 5.4.2 Wabash Diversion Pipeline, with a point of diversion located in the NW1/4 of the NW1/4 of Section 34, T4S, R67W, 6th P.M. at a point on Cherry Creek located approximately 530 feet south of the north line and 820 feet east of the west line of said section. Capacity 40.0 cfs. 5.4.3 ALV-1 Pipeline, the source being CCV ALV-1. Capacity 2.23 cfs. The decree in Case Nos. 03CW126 and 04CW344 changed the location of the CCV ALV-1 well to a point in the NW1/4 of the SE1/4, Section 28, T4S, R67W, 6th P.M., Arapahoe County, approximately 2300 feet from the south section line and 2000 feet from the east section line. 5.4.4 ALV-2 Pipeline, the source being CCV ALV-2. Capacity 2.23 cfs. 5.4.5 ALV-3 Pipeline, the source being CCV ALV-3. Capacity 2.23 cfs. CCV ALV-3 is located in the SE1/4 of the NE1/4 of Section 28, T4S, R67W of the 6th P.M. at a point 2550 feet from the north line and 1300 feet from the east line 5.5 Conditional water rights were decreed to Wells CCV ALV-1, 2, and 3 in Case No. 90CW218(A). At times when water is not being diverted through said structures pursuant to the water rights decreed in Case No. 90CW218(A), water will be diverted through them pursuant to the priority awarded the Wabash Storage and Recharge System in Case No. 94CW266. 5.6 Amount: The conditional water right is for a total of 419 acre-feet for the uses described in paragraph 5.8, with 83 acre-feet previously made absolute for irrigation and recreation uses. The water right will be diverted at a maximum rate of 211.69 cfs, for all reservoirs and storage and recharge structures, together with the rights (1) to fill and refill said structures whenever these decreed water rights are either in priority or are being augmented and (2) to fully consume all waters lawfully placed into the individual structures which make up the system. 5.7 Appropriation Date: October 18, 1994. 5.8 Use of Water: All municipal purposes in the District’s “Separate Water System,” as shown on Exhibit A (defined as all of the water available to and used by the District from its wells CCV ALV 1, 2, and 3 and the 6.0 cfs exchange and irrigation return flow credits decreed in Case No. 90CW218(A); the Denver Basin wells decreed in Case Nos. 87CW31(A) and (B); the Wabash Effluent Exchange and Wabash Consumable Return Flows Exchange, both decreed in Case No. 94CW266, the Wabash Storage and Recharge System decreed in Case No. 94CW266 and the water rights which are the subject of the decree in Case Nos. 03CW126 and 04CW344. The District’s Separate Water System does not include any water supplied to the District by the Denver Water Department pursuant to its Water Service Agreement (Master Meter)), including but not limited to domestic, irrigation, commercial, industrial, recreation, and fish and wild life preservation; augmentation, replacement and exchange; and artificial recharge of the alluvium of Cherry Creek and of those portions of the Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the District. The District’s current boundary is generally shown on Exhibit A. 6. Description of Changes to the Water Rights for the Wabash Storage and Recharge System: In Case No. 94CW266, the CCV ALV-2 well was decreed as a point of diversion for the Wabash Storage and Recharge System water right. The District seeks a change of the Wabash Storage and Recharge System water right to conform to the actual location of the CCV ALV-2 well described in Paragraph 4 above. All other elements of the water right for the Wabash Storage and Recharge System remain the same. 7. Description of Conditional Exchanges: 7.1 Description of the Exchange of Reusable Effluent from the Metropolitan Denver Wastewater Reclamation Plant #1 to the CCV ALV-1, 2 and 3 wells from original decree in Case No. 90CW218(A), as amended by the decree in Case Nos. 03CW126 and 04CW344: 7.1.1 Decrees: Case No. 90CW218(A), entered April 27, 1994, as amended in Case Nos. 03CW126 and 04CW344, entered October 19, 2010. 7.1.2 Legal Description of Exchange Reach: Exchange from Metropolitan Denver Wastewater Reclamation Plant located in the SW1/4NW1/4, Section 1, T3S, R68W of the 6th P.M. within the South Platte River upstream to the confluence with Cherry Creek and then within Cherry Creek to wells ALV-1, ALV-2 and ALV-3. The location of ALV-1 was changed by the decree in Case No. 03CW126 and 04CW344 to the location described in Paragraph 5.4.3. 7.1.3 Source of Replacement Water. Reusable wastewater effluent attributable to the District’s Separate Water System released from

the Metro Wastewater Reclamation Plant #1. 7.1.4 Date of Appropriation: December 28, 1990. 7.1.5 Rate of Exchange: 6.0 cfs, conditional. 7.1.6 Water diverted under this exchange may be used for all municipal purposes within the District’s service area, including domestic, industrial, commercial, irrigation, stockwatering, fire protection, recreation, fish and wildlife preservation and propagation. Water may be diverted for use in the separate water system serving a portion of the District pursuant to agreement with the Denver Water Department. 7.2 Description of the Wabash Effluent Exchange from the original decree in Case No. 94CW266, as amended in Case Nos. 03CW126 and 04CW344: 7.2.1 Decrees: Case No. 94CW266, entered on January 3, 1997, as amended in Case Nos. 03CW126 and 04CW344, entered October 19, 2010. 7.2.2 Legal Description of Exchange Reach. The downstream terminus of the exchange is the outfall of the Metro Wastewater Reclamation District Treatment Plant located in the SW1/4NW1/4, Section 1, T3S, R68W of the 6th P.M. Water may be exchanged up the South Platte River to the confluence of the South Platte River and Cherry Creek and thence up Cherry Creek to the Parker-Iliff Storm Line Diversion Pipeline, the Wabash Diversion Pipeline, and Well Nos. CCV ALV 1-3. The location of ALV-1 was changed by the decree in Case No. 03CW126 and 04CW344 to the location described in Paragraph 5.4.3. 7.2.3 Source of Replacement Water. Reusable wastewater effluent attributable to the District’s Separate Water System released from the Metro Wastewater Reclamation District Treatment Plant. 7.2.4 Date of Appropriation. October 18, 1994. 7.2.5 Rate of Exchange: 6 cfs conditional, but in no event will the total effluent exchange for the Wabash Effluent Exchange and the Exchange of Reusable Effluent from the Metropolitan Denver Wastewater Reclamation Plant #1 to the CCV ALV-1, 2 and 3 wells exceed 6.0 cfs. 7.2.6 Use of Water: All municipal purposes in the District’s Separate Water System, including but not limited to domestic, irrigation, commercial, industrial, recreation, and fish and wild life preservation; augmentation, replacement and exchange; and artificial recharge of the alluvium of Cherry Creek and of those portions of the Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying the District with the right to use and reuse the water exchanged to extinction. 7.2.7 Operation of Exchange Plan. The District intends to use the Wabash Effluent Exchange to divert water from Cherry Creek and its alluvium by means of the Parker-Iliff Storm Line Diversion Pipeline, the Wabash Diversion Pipeline, and Well Nos. CCV ALV 1-3 hereof into the structures which comprise the Wabash Storage and Recharge System. The District will release an equivalent volume of reusable wastewater effluent attributable to its Separate Water System from the Metro Wastewater Reclamation District Treatment Plant. 7.3 Description of the Wabash Consumable Return Flows Exchange from the original decree in Case No. 94CW266, as amended in Case Nos. 03CW126 and 04CW344: 7.3.1 Decrees: Case No. 94CW266, entered on January 3, 1997, as amended in Case Nos. 03CW126 and 04CW344, entered October 19, 2010. 7.3.2 Legal description of Exchange Reach. The downstream terminus of the exchange reach is the point at which Cherry Creek crosses the SE1/4SE1/4 of Section 18, T4S, R67 W of the 6th P.M. The upstream termini will be the Parker-Iliff Storm Line Diversion Pipeline, the Wabash Diversion Pipeline, and Well Nos. CCV ALV 1-3. The location of ALV-1 was changed by the decree in Case No. 03CW126 and 04CW344 to the location described in Paragraph 5.4.3. 7.3.3 Source of Exchanged Water. Consumable/reusable irrigation return flows attributable to the District’s Separate Water System. 7.3.4 Date of Appropriation: October 18, 1994. 7.3.5 Rate of Exchange: 3.5 cfs conditional. 7.3.6 Use of Water: All municipal purposes in the District’s Separate Water System, including but not limited to domestic, irrigation, commercial, industrial, recreation, and fish and wild life preservation; augmentation, replacement and exchange; and artificial recharge of the alluvium of Cherry Creek and of those portions of the Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying the District, with the right to use and reuse the water exchanged to extinction. 7.3.7 Operation of Exchange Plan: The District intends to use the Wabash Consumable Return Flows Exchange to divert water from Cherry Creek and its alluvium by means of the Parker-Iliff Storm Line Diversion Pipeline, the Wabash Diversion Pipeline and Well Nos. CCV ALV 1-3 into the structures which comprise the Wabash Storage and Recharge

System. 8. For each of the above described exchanges, the District seeks to conform the location of the “exchange to” point for the CCV ALV-2 to the actual location for the CCV ALV-2 well described in Paragraph 4 above. All other elements of the conditional exchanges remain the same. 9. Amendment to the Plan for Augmentation. 9.1 Decrees: Case Nos. 90CW218(A), entered on April 27, 1994, as amended in Case No. 94CW267, entered on January 3, 1997, and in Case Nos. 03CW126 and 04CW344, entered October 19, 2010. 9.2 Description of Amendment. Pursuant to the decree in Case No. 94CW267 and as amended by the decree in Case No. 03CW126 and 04CW344, the components of the Wabash Storage and Recharge System water right and the CCV ALV-2 water right are sources of augmentation water for the augmentation plan. Pursuant to the decree in Case No. 90CW218(A), the CCV ALV-2 well is also one of the augmented points of diversion for the augmentation plan. The District seeks to amend its plan for augmentation to conform the descriptions of augmentation sources to the changed actual location for the CCV ALV-2 well described in paragraph 4 above which may operate either pursuant to the conditional water right decreed for the CCV ALV-2 water right or as a point of diversion for the Wabash Storage and Recharge System water right, and to conform to the actual location of the CCV ALV-2 well as an augmented point of diversion for the augmentation plan. All other elements of the augmentation plan remain the same. This application describes certain aspects of the plan for augmentation. The decrees in Case Nos. 90CW218(A), 94CW267, 03CW126 and 04CW344 provide a complete description of the plan for augmentation 10. Owners of land on which structures are or will be located: 10.1 CCV ALV-2 Well: City of Denver, 1437 Bannock Street, Denver, CO 80202-5337. 11. The following documents are filed with this application and are available from the Water Clerk, or from counsel for the Applicant: 11.1 A map showing the District’s current boundary and the separate water system. 11.2 A map showing the approximate new location of the CCV ALV-2 well. WHEREFORE, Applicant prays that this Court enter a decree granting the application requested herein and finding that the changes of water rights and amendment to the plan for augmentation will prevent injury to owners and users of vested and conditional water rights, and for such other and further relief as may be warranted (12 pages). 11CW30 (1997CW118) Teller County Water & Sanitation District No. 1 (“Applicant” or “District”), c/o Kent Brady, Member, Board of Directors, and Supervisor, Engineering Activities, P.O. Box 578, Woodland Park, Colorado 80863, District Office Phone: 719-686-0225, Home Phone: 719-686-0225, [email protected]. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN TELLER COUNTY. Attorneys for Applicant: Alperstein & Covell, P.C., Cynthia F. Covell, #10169, 1600 Broadway, Suite 2350, Denver, CO 80202-4923, phone: 303-894-8191; fax: 303-861-0420, Gilbert Y. Marchand, Jr., #19870, Of Counsel, c/o Law Office of Gilbert Y. Marchand, Jr., P.C., 2737 Mapleton Avenue, Suite 202, Boulder, CO 80304, phone: 303-444-4256; fax: 303-444-5901, [email protected]; [email protected]. 1. Name, mailing address, e-mail address, and home telephone number of Applicant: Teller County Water & Sanitation District No. 1 (“Applicant” or “District”), c/o Kent Brady, Member, Board of Directors, and Supervisor, Engineering Activities, P.O. Box 578, Woodland Park, Colorado 80863, District Office Phone: 719-686-0225, Home Phone: 719-686-0225, [email protected]. 2. Name of structure: Well 11A (Permit Number: 62296-FR). 3. Description of conditional water right: 3.A. The water right for Well 11A was decreed in Case No. 97CW118, District Court, Water Division No. 1. The date of the decree is January 5, 2005. The decree states that Applicant shall file a finding of reasonable diligence application for the conditional right granted to Well 11A in the month of February 2011. The District was described as “Teller County Water & Sanitation District” in the decree in Case No. 97CW118 (i.e., “No. 1” was not included). 3.B. Legal description: The decreed location is in the NW1/4SW1/4 of Section 7, Township 12 South, Range 68 West of the 6th P.M., Teller County, Colorado, approximately 1359 feet from the south section line and approximately 28 feet

from the west section line. The permitted location is 53 feet from the west section line, but is the same as the decreed location in all other respects. The reference to “Range 68 West” in the decreed and permitted description is a clerical error. The reference should actually be to “Range 69 West.” 3.C. Source of water: ground water. 3.D. Appropriation date: March 19, 1997. 3.E. Amount: 8 gallons per minute (“GPM”), absolute; 27 GPM, conditional. 3.F. Use: Municipal. 3.G. Depth: Approximately 600 feet. 3.H. Remarks: Well 11A is decreed and permitted as an alternate point of diversion for the District’s Well Nos. 2A (formerly known as Well No. 1), 10 (formerly known as Well No. 2), 3, 5, 8, and 9, which wells were the subject of decrees entered by this Court in Case Nos. W-1981 and 97CW118. When operated as an alternate point of diversion, the combined, instantaneous, maximum pumping rate of Well 11A and the other wells is 213 GPM (178 GPM being attributable to the District’s other water rights described above, and 35 GPM being attributable to the water right decreed for Well 11A). 4. Detailed outline of what has been done toward completion of the appropriation, including expenditures, during the subject diligence period: Well 11A was in constant use within the District’s service area, which is located in Sections 12 and 13, Township 12 South, Range 69 West, 6th P.M., Teller County, Colorado, up to about October 2005 when it was taken out of use because specialized treatment facilities provided by the U.S. Forest Service on site had failed and the Well was failing. The District received approval of a new permit for Well 11A (Permit No. 62296-FR) on February 23, 2005. Pursuant to such permit, the well was re-drilled in approximately October 2005 at a cost of approximately $30,000. The well was not placed back in service pending a decision in collaboration with the USFS to discontinue treating the raw water on site in favor of piping the raw water approximately one mile to the District’s primary water treatment facility (there was a second small scale remote treatment in use at that time). Engineering cost-benefit studies were undertaken and the decision was taken to pipe the Well’s raw water to the primary treatment facility (the Piute Trail Treatment Facility). This project was then delayed to coincide with the District’s other distribution system upgrades which will begin in 2011. The District intends to return Well 11A to full during the current year. The District has incurred engineering expenses exceeding $20,000 related to planning in connection with the foregoing. The District’s wells, including Well 11A, are part of the City of Woodland Park’s augmentation plan decreed in Case No. 86CW376. The District and the City have an Augmentation Agreement, and have conducted negotiations concerning modification of the Agreement during the subject diligence period. The District has continuously operated and maintained some or all of its other wells which are alternate points of diversion for Well 11A and which can be diverted at Well 11A. The District has also continuously operated and maintained its water system, of which Well 11A is a part. The District applied for and received approval of a loan from the Colorado Water Resources and Power Development Authority for the purpose of improving its water system, of which Well 11A is a part. Part of the proceeds from the loan will be used in connection with Well 11A. The foregoing does not include all the activities and expenditures on which the District may rely herein. Information concerning the District’s other diligence activities and concerning the District’s diligence-related expenditures is available upon request. 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: Not applicable. WHEREFORE, Applicant requests the Court to enter a decree finding that it has shown reasonable diligence in the completion of the appropriation associated with the water right for Well 11A, continuing such water right in full force and effect including previous amounts made absolute, and for such other relief deemed appropriate in the circumstances. 11CW31 Robert F. Dell and Susan D. Dell, P. O. Box 2261, Evergreen, Colorado 80437-2261. Thomas A. Sprung and Cynthia A. Sprung, 6322 Betty Lane, Evergreen, Colorado 80439. (c/o

David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR FINDING OF REASONABLE DILIGENCE. IN JEFFERSON COUNTY. 2. Names of Structures: Dell Well Nos. 2, 3 and 4. 3. Description of Conditional Water Rights: A. Date of Original Decree: September 22, 2004. Case No. 2003CW299. Court: District Court, Water Division 1. B. Location: The exact locations of the Dell Well Nos. 2, 3 and 4 will not be known until the residences they will serve are constructed. The wells can generally be described as being located within the SE1/4 NW1/4, Section 21, Township 5 South, Range 71 West, 6th P.M., Jefferson County. They can also be described as being on Lots 2, 3 and 4 of the Hans Ponds Estates subdivision. C. Source: Ground water that is tributary to Cub Creek, Bear Creek and the South Platte River. D. Appropriation Date: August 28, 2003. E. Amounts: 15.0 gallons per minute, Conditional, for each well. F. Use. Domestic and ordinary household purposes, the watering of domestic animals, the irrigation of lawns and gardens and fire protection purposes. 4. Outline of What Has Been Done Toward Completion of the Appropriation and Application of Water to a Beneficial Use as Conditionally Decreed. a The Dell Well Nos. 2, 3 and 4 will be the water supply for three of the lots in a four lot residential subdivision. One home within the subdivision currently exists. b The wells are the subject of the plan for augmentation approved by the District Court for Water Division 1 in Case No. 2003CW299. c The property upon which the Dell Well Nos. 2, 3 and 4 will be located has been platted as the Hans Ponds Estates subdivision. The plat was approved by Jefferson County in December of 2005. d Individual lots within the subdivision were sold in 2006 and 2007. e. It is estimated that in excess of $224,500.00 has been expended during the six year diligence period on creation of the Hans Ponds Estates subdivision and development of the lots upon which the Dell Well Nos. 2, 3 and 4 will be constructed. WHEREFORE, Applicants request that the Court enter an Order finding that diligent efforts have been made to put the water decreed conditionally to the Dell Well Nos. 2, 3 and 4 to beneficial use and continue the conditional status of the water rights described herein for an additional diligence period. (4 pages). 11CW32 TOWN OF WARD, P.O. Box 124, Ward. CO 80481. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION INCLUDING CHANGE OF WATER RIGHTS, IN BOULDER COUNTY. All future correspondence and pleadings to: John G. Nelson, Esq., Law Office of John G. Nelson, 1624 Market Street, Ste. 202, Denver, CO 80202. Telephone (303) 376-6227. Structure to be Augmented: Ward Ditch and Pipeline. Date of Appropriation: June 3, 1909. Date of Adjudication: July 23, 1951. Court and Case No.: Boulder County District Court Case No. 11715. Decreed Flow Rate: 1.25 cfs. Decreed Source: Crystal Spring No. 1, tributary to Left Hand Creek. Decreed Uses: Municipal. Decreed Location: NE1/4, SE1/4, of Section 2 and NW1/4, SW1/4, of Section 1, Township 1 North, Range 73 West of 6th P.M., in Boulder County, Colorado. Water Rights to be Used for Augmentation: All water rights represented by five shares of Left Hand Ditch Company stock owned by Applicant. Left hand Ditch Company exercises the following water rights for the benefit of its shareholders:

A. Direct Flow Rights from Left Hand Creek:

Ditch Left Hand Creek Priority

Amount (cfs)

Appropriation Date Case No.

Cochran 1 0.32 9/1/1860 1454 15 8.28 6/15/1866 1454 Hornbaker 2 3.88 5/15/1861 1452 9 1.70 7/15/1864 1452 12 18.66 6/1/1865 1452 Williamson Cavey 3 2.68 5/31/1862 1453

4 4.50 6/1/1863 1453 10 6.80 5/1/1865 1453 Holland 4 2.00 5/1/1863 1296 14 1.28 5/1/1866 1296 Badar No. 2 26 69.40 10/21/1873 1296 5 1.46 5/31/1863 1293 19 6.72 3/15/1870 1293 Farmers 6 1.63 6/1/1863 1297 13 2.03 6/15/1865 1297 21 11.61 11/1/1870 1297 Baum Goyn 7 3.96 9/26/1863 1456 17 6.78 5/1/1867 1456 Badar No. 1 8 9.16 5/31/1864 1319 Altona 11 2.01 5/31/1865 1462 29 8.66 4/15/1875 1462 Table Mountain 16 15.30 6/25/1866 1460 27 26.43 4/15/1874 1460 Way 18 4.20 5/01/1868 1631 Toll Gate 20 2.63 4/01/1870 1463 27 2.72 5/01/1874 1463 3 3.94 5/03/1879 1463 Star 22 25.68 4/01/1873 1632 Crocker 23 3.83 5/01/1871 1294 24 14.98 5/01/1872 1294 Johnson 25 8.55 4/01/1873 1455 Lake 27 8.92 5/15/1874 1461

B. Direct Flow Rights from South St. Vrain Creek

Ditch St. Vrain Creek Priority

Amount (cfs)

Appropriation Date Case No.

Left Hand Ditch 15 – 1/2 40.77 6/01/1863 1284 41 685.33 6/01/1870 1294

C. Storage Rights

Reservoir Amount

(acre-feet) Source

Adjudication Date

Appropriation Date

Case No.

Allens Lake 134.20 Left Hand

7/23/1951 12/02/1918

11715

Allens Lake Enlargement

569.50 Left Hand

7/23/1951 5/17/1927

11715

Allens Lake Refill

703.70 Left Hand

7/23/1951 12/31/1929

11715

Gold Lake 354.00 South St. Vrain

3/13/1907 9/01/1879

4790

Gold Lake Enlargement

82.00 South St. Vrain

3/13/1907 5/18/1904

4790

Gold Lake Refill

290.66 Left Hand

7/23/1951 12/31/1929

11715

145.34 (cond.)

Left Hand

7/23/1951 12/31/1929

117154

Isabelle 809.80 South St. Vrain

6/11/1926 9/15/1907

6673

Left Hand Park 185.00 Left Hand

3/13/1907 8/05/1891

4790

Left Hand Park Enlargement

1102.32 Left Hand

2/25/1971 8/01/1961

20716

Left Hand Valley

10572.60 Left Hand

7/23/1951 5/15/1945

11715

D. Decreed Use:

Agricultural

E. Location of Structures:

Structure Decreed Location

Cochran Ditch Section 27, Township 2 North, Range 70 West, Sixth Principal Meridian, in Boulder County, Colorado

Hornbaker Ditch Section 26, Township 2 North, Range 70 West, Sixth Principal Meridian, in Boulder County, Colorado

Williamson Cavey Ditch Section 26, Township 2 North, Range 70 West, Sixth Principal Meridian, in Boulder County, Colorado

Holland Ditch Section 28, Township 2 North, Range 70 West, Sixth Principal Meridian, in Boulder County, Colorado

Bader No. 2 Ditch Section 28, Township 2 North, Range 70 West, Sixth Principal Meridian, in Boulder County, Colorado

Farmers Ditch Section 28, Township 2 North, Range 70 West, Sixth Principal Meridian, in Boulder County, Colorado

Baum Goyn Ditch Section 27, Township 2 North, Range 70 West, Sixth Principal Meridian, in Boulder County, Colorado

Bader No. 1 Ditch Section 28, Township 2 North, Range 70 West, Sixth Principal Meridian, in Boulder County, Colorado

Altona Ditch Section 13, Township 2 North, Range 71 West, Sixth PrincipalMeridian, in Boulder County, Colorado

Table Mountain Ditch N/E1/4, N/W1/4, Section 19, Township 2 North, Range 70 West, Sixth Principal Meridian, in Boulder County, Colorado

Way Ditch Section 24, Township 2 North, Range 70 West, Sixth Principal Meridian, in Boulder County, Colorado

Toll Gate Ditch Section 7, Township 2 North, Range 70 West, Sixth Principal Meridian, in Boulder County, Colorado

Star Ditch Section 28, Township 2 North, Range 70 West, Sixth Principal

Meridian, in Boulder County, Colorado Crocker Ditch Section 18, Township 2 North, Range 70 West, Sixth Principal

Meridian, in Boulder County, Colorado Johnson Ditch Section 29, Township 2 North, Range 70 West, Sixth Principal

Meridian, in Boulder County, Colorado Lake Ditch N/E1/4, N/E1/4, Section 23, Township 2 North, Range 71

West of the Sixth Principal Meridian, in Boulder County, Colorado

Left Hand Ditch S/E1/4, Section 36, Township 2 North, Range 73 West, Sixth Principal Meridian, in Boulder County, Colorado

Allens Lake Reservoir S1/2 N/E1/4 and N1/2, S/E1/4, N/E1/4, Section 13, Township 2 North, Range 71 West, Sixth Principal Meridian

Gold Lake Reservoir Keystone Placer Mining Claim in Sections 3 and 4, Township 1 North, and Sections 33 and 34, Township 2 North, all in Range 72 West, Sixth Principal Meridian, Boulder County, Colorado

Lake Isabelle Reservoir N/W1/4 , Section 7, Township 1 North, Range 73 West, Sixth Principal Meridian; and N/E1/4, Section 12, Township 1 North, Range 74 West, Sixth Principal Meridian, Boulder County, Colorado

Left Hand Park Reservoir S/E1/4, N/E1/4, Section 29, and S/W1/4, N/W1/4, Section 10, Township 1 North, Range 73 West, Sixth Principal Meridian, Boulder County, Colorado

Left Hand Valley Reservoir S/W1/4 of Section 9, N/W1/4 of Section 32, the S/E1/4 of Section 30, and E1/2 of Section 31, Township 2 North, Range 70 West, Sixth Principal Meridian, Boulder County, Colorado

Statement of Plan for Augmentation and Change of Water Rights. The Ward water system currently serves 61 full-time (year-round) homes/taps and 15 part-time (summer) homes/taps. Almost no lawn or landscape irrigation occurs at the present time. Ward has limited space for expansion, and at full build-out the Town’s water system may need to serve up to 81 full-time residences (61 current and 20 future) and 15 part-time residences. The annual in-house water requirement for 81 full-time residences is 11.98 acre-feet per year. The 15 part-time residences will require approximately 0.74 acre-feet per year. This augmentation plan also includes lawn and landscape irrigation for up to 350 square feet per home. (During periods of drought, irrigation uses will be curtailed.) This irrigation use will result in annual demand of 1.67 acre-feet. Finally, a water bottling operation within Ward bottles approximately 152,000 gallons per year of water provided by Ward’s water system. This water bottling operation results in an additional water requirement of 0.48 acre-feet per year. The quantity of water required to meet the Town of Ward’s present and future demands is calculated to be a total of 14.87 acre-feet per year. Annual consumptive use will be 2.75 acre-feet per year, based on 10 percent consumption of domestic water, 60 percent consumption of lawn irrigation water, and 100 percent consumption of bottled spring water. Water is diverted via the Ward Ditch and Pipeline and stored in a water storage tank, the delivered to residential homes and discharged via shallow septic systems and leach fields located within the Town of Ward. All return flows accrue to Left Hand Creek at or upstream in the southeast quarter of Section 6, Township 1 North, Range 72 West, Sixth Principal Meridian, Boulder County, Colorado. Left Hand Ditch Company shares will be used to offset Ward’s out-of-priority consumptive use of water. The Left Hand Ditch Company water associated with Ward’s shares will be reduced 10 percent for historical ditch losses, with the remainder being available for augmentation and maintenance of historical return flows. During the irrigation season, Left Hand Ditch Company water will be sent to the stream to offset Ward’s annual

out-of-priority consumptive use of water and to maintain historical return flows. The Applicant proposes that all augmentation occur during the irrigation season because access and operation of high mountain reservoirs is difficult and sometimes impossible during the winter. Also, because this application involves only a small amount of winter consumptive use, monthly winter releases would be very small. All winter consumptive use and return flows will be aggregated and then released during the irrigation season. Lagged ground water return flow obligations will be calculated and replaced monthly during the irrigation season, or may be aggregated over longer periods at the direction of the Water Commissioner. 11CW33 John D. Longwell and Denise T. Longwell, P. O. Box 338, Kittredge, Colorado 80457-0338. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR UNDERGROUND WATER RIGHT AND EXCHANGE RIGHT, AND APPLICATION FOR CHANGE OF DECREED WELL LOCATION. IN JEFFERSON COUNTY. APPLICATION FOR UNDERGROUND WATER RIGHT: 1. Name of Well and Permit, Registration or Denial Number: Powers Well No. 1. The Well was permitted as an exempt in-house use only well pursuant to Permit No. 91248. The Well is now covered by a decreed plan for augmentation. Applicants are in the process of applying to the State Engineer for a new permit. 2. Legal Description of Well: The Powers Well No. 1 is located in the SE 1/4 NE 1/4, Section 2, Township 5 South, Range 71 West, 6th P.M., Jefferson County, at a point approximately 1,450 feet from the North Section line and 1,000 feet from the East Section line of said Section 2. The address of the property upon which the Well is located is 3781 Myers Gulch Road, Evergreen, CO 80439. 3.A. Source of Water: Ground water that is tributary to Myers Gulch, Bear Creek and the South Platte River. 3.B. Depth of Well: 305 feet. 4.A. Date of Appropriation: December 29, 2004. 4.B. How Appropriation was Initiated: Use of the Well pursuant to the plan for augmentation decreed in Case No. 2003CW312. 4.C. Date Water Applied to Beneficial Use: December 29, 2004. 5. Amount Claimed: 3 gallons per minute, Absolute. 6.A. Case Number of Plan for Augmentation: 2003CW3126. 6.B. Is Augmentation Plan Operational? Yes. 7. Use: The watering of domestic animals, the irrigation of lawns and gardens and fire protection purposes. A. Area of Lawns and Gardens Irrigated: 500 square feet. 8. Name(s) and Address of Owners of Land on which any New Structure, or modification to any Existing Structure is or Will be Constructed: N/A. Applicants own the property upon which the Powers Well No. 1 is located. APPLICATION FOR EXCHANGE WATER RIGHT. 1. Name of Structure: Powers Exchange. 2. Legal Description: The Powers Exchange involves the exchange of a portion of the "firm" yield of consumptive use water available from the Mountain Mutual Reservoir Company ("MMRC") portfolio of water rights, as more particularly described in the Decrees entered in Case No. 2003CW312, and Case No. 2001CW293, to the point of depletion for the Powers Well No. 1, described in the plan for augmentation approved in Case No. 2003CW312. This is an upstream movement of water. Stream segments impacted by the exchange are portions of Bear Creek and Myers Gulch, a tributary of Bear Creek. The downstream point of the exchange is the confluence of Bear Creek and Turkey Creek at Bear Creek Lake in Section 5, Township 5 South, Range 69 West, 6th P.M., Jefferson County. The reach of the exchange extends up Bear Creek to the confluence of Bear Creek and Myers Gulch in the SE 1/4 SE 1/4 of Section 35, Township 4 South, Range 71 West, 6th P.M.; thence up Myers Gulch to its confluence with an unnamed tributary in the NE 1/4 NE 1/4 of Section 2, Township 5 South, Range 71 West, 6th P.M; and thence up the unnamed tributary to the point where depletions from the Powers Well No. 1 impact the unnamed tributary in the E 1/2 NE 1/4 of Section 2, Township 5 South, Range 71 West, 6th P.M. 3. Source: Consumptive use water decreed to the Warrior Ditch, the Harriman Ditch and the Soda Lakes Reservoir Nos. 1 and 2. Reference is made to the Decrees entered in Case Nos. 2003CW312 and 2001CW293 for a complete description of the MMRC water that is exchanged. 4.A. Date of Initiation of Appropriation: December 29, 2001. 4.B. How Appropriation was Initiated: Operation of the

exchange. 4.V. Date Water Applied to Beneficial Use: December 29, 2004. 5. Amount Claimed: 0.001 of a cubic foot per second. 6. Use: Augmentation, replacement, substitution and exchange purposes. All such uses have been decreed in prior cases in which Mountain Mutual Reservoir Company has been an applicant or a co-applicant. 7. Name(s) and Address of Owners of Land on which any New Structure, or modification to any Existing Structure is or Will be Constructed: N/A. 8. Note: Pursuant to C.R.S. §37-92-305(10), the Powers Exchange, as an existing exchange, is entitled to a priority date of December 29, 2004. APPLICATION FOR CHANGE OF DECREED WELL LOCATION. 1. Decreed Water Right for Which Change is Sought: A. Name of Structure: Powers Well No. 1. B. Date of Original Decree: December 29, 2004. Case No.: 2003CW312. Court: District Court for Water Division 1. C. Legal Description of Structure: The decreed location of the Powers Well No. 1 is the SE 1/4 NE 1/4, Section 2, Township 5 South, Range 71 West, 6th P.M., Jefferson County, at a point approximately 1,280 feet from the North Section line and 1,872 feet from the East Section line of said Section 2. As noted below, the decreed location is in error. The address of the property upon which the Well is located is 3781 Myers Gulch Road, Evergreen, CO 80439. D. Decreed Source of Water: Ground water that is tributary to Myers Gulch, Bear Creek and the South Platte River. E. Appropriation Date: March 27, 1978. F. Total Amount Decreed to Structure: 3 gallons per minute. G. Decreed Uses: Domestic and ordinary household purposes inside a single family dwelling. H. Amount of Water that Applicants Intend to Change: 3 gallons per minute. 3. Detailed Description of Proposed Change. a. It was recently discovered that the location of the Powers Well No. 1 was incorrectly described in the Decree issued in Case No. 2003CW2312(“Decree”). The Well was correctly described in the Decree as being in the SE 1/4 NE 1/4, Section 2, Township 5 South, Range 71 West, of the 6th P.M. However, the distances from the Section lines in the Decree are incorrect. Rather than being 1,280 feet from the North Section line of Section 2, the Well is actually 1,450 feet from the North Section line. Rather than being 1,872 feet from the East Section line of Section 2, the Well is actually 1,000 feet from the East Section line. b. The sole purpose of this request is to correct the error in the legal description used in the Decree. No other change is being requested. The Powers Well No. 1 will continue to be operated pursuant to the terms and conditions of the plan for augmentation approved by the District Court for Water Division 1 in 2004. Once a decree approving the requested change is entered, a corrected well permit can be issued by the State Engineer and the existing permit for the Powers Well No. 1 canceled. c. A map that illustrates the comparison between the actual location of the Powers Well No. 1 and the decreed location is attached as Exhibit “A.” A copy of the type of application that Applicants will be submitting to the State Engineer for a replacement permit for the Powers Well No. 1 is attached as Exhibit “B.” Name(s) and Address of Owners of Land on which any New Structure, or modification to any Existing Structure is or Will be Constructed: N/A. Applicants own the property upon which the Powers Well No. 1 is located. WHEREFORE, Applicants request that the adjudication of the Powers Well No. 1 for the watering of domestic animals, the irrigation of lawns and gardens and fire protection purposes be granted, that the adjudication of the Powers Exchange be granted, and that the decreed location of the Powers Well No. 1 be corrected as described herein. (6 pages and two exhibits). AMENDMENTS 05CW302 Board of County Commissioners, PO Box 2000, Georgetown, CO 80444. Telephone: (303) 679-2312. SECOND AMENDMENT TO APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION IN CLEAR CREEK, WELD, ADAMS AND JEFFERSON COUNTIES. 1. Name, address, telephone number of Applicant: Board of County Commissioners of the County of Clear Creek, P. O. Box 2000, Georgetown, CO 80444, (303)679-2312; c/o Paul J. Zilis, Vranesh and Raisch, LLP, P.O. Box 871, Boulder, CO 80306,

(303)443-6151. 2. The original Application was filed in this case on December 21, 2005. ("Original Application") and amended on February 15, 2006 ("First Amendment"). Applicant hereby deletes sources of augmentation water from the First Amendment and adds a reservoir for storage and release of augmentation water and an appropriative right of substitution and exchange. 3. Legal description of the structures to which this amendment applies pursuant to Uniform Water Court Rule 4(a): A. Headwaters of Clear Creek in Section 29, Township 4 South, Range 76 West of the 6th P.M., downstream to the confluence with the South Fork of Clear Creek in Section 17, Township 4 South, Range 74 West of the 6th P.M., and tributaries thereto. (Subbasin A.) B. Headwaters of the South Fork of Clear Creek in Section 23, Township 5 South, Range 75 West of the 6th P.M., to the confluence with Clear Creek in Section 17, Township 4 South, Range 74 West of the 6th P.M., and tributaries thereto. (Subbasin B.) C. Headwaters of the West Fork of Clear Creek in Section 15, Township 3 South, Range 76 West of the 6th P.M., to the confluence with Clear Creek in Section 27, Township 3 South, Range 74 West of the 6th P.M., and tributaries thereto. (Subbasin C.) D. Headwaters of Mill Creek in Section 12, Township 3 South, Range 75 West of the 6th P.M., to the confluence with Clear Creek in Section 30, Township 3 South, Range 73 West of the 6th P.M., and tributaries thereto. (Subbasin D.) E. Headwaters of Fall River in Section 5, Township 3 South, Range 74 West of the 6th P.M., to the confluence with Clear Creek in Section 28, Township 3 South, Range 73 West of the 6th P.M., and tributaries thereto. (Subbasin E.) F. Clear Creek and the confluence with the South Fork of Clear Creek in Section 17, Township 4 South, Range 74 West of the 6th P.M., to the confluence with Clear Creek and Beaver Brook in Section 3, Township 4 South, Range 71 West of the 6th P.M., and tributaries thereto. (Subbasin F.) G. Headwaters of Beaver Brook in Section 17, Township 4 South, Range 72 West of the 6th P.M., to the confluence with Clear Creek in Section 3, Township 4 South, Range 71 West of the 6th P.M., and tributaries thereto. (Subbasin G.) 4. Previous Decrees for water rights to be used for augmentation. Applicant will replace out of priority depletions to the stream with water available to it from the water rights listed in the Original Application and First Amendment, except it hereby deletes the following sources from the First Amendment. 4.1 Fully consumable water that has been decreed to the Consolidated Mutual Water Company (“Consolidated”). Consolidated’s decrees include the following: Case Nos. W-7635-74, W-7955, W-147, W-148, 88CW224, 88CW225, 88CW226, 91CW62, 91CW92, 94CW197, 95CW248, 96CW534, 97CW390, 99CW203, 01CW56, and 02CW226. The delivery points for water delivered under these decrees include the Agricultural Ditch, the Rocky Mountain Ditch and the Lee Stewart and Eskins Ditch. Water can be released from a number of storage sites, including but not limited to, Maple Grove Reservoir, Fairmount Reservoir, Welton Reservoir and Smart Reservoir. 4.2 Fully consumable water that has been decreed to Coors Brewing Company (“Coors”), as said water has been and will be decreed in District Court, Water Division 1, Colorado, including, but not limited to, Coors Augmentation Plan I (Case Nos. W-8036(75) and W-8256(76)), Augmentation Plan II (Case No. 89CW234), and Augmentation Plan III (pending Case No. 99CW236). Water can be released to Clear Creek from the Coors Sewage Disposal Plant Outfall. The decrees and pending application in these cases include the adjudication and appropriation dates, types of water rights, sources, amounts, and uses of the fully consumable water, and are incorporated by reference herein. 4.3 Legal descriptions of points of diversion, storage and release deleted from the Plan for Augmentation. (A) Agricultural Ditch: The Agricultural Ditch headgate is located on the south bank of Clear Creek in the City of Golden, Jefferson County, Colorado, in the SW 1/4 of Section 27, Township 3 South, Range 70 West of the 6th P.M. (B) Rocky Mountain Ditch: The headgate of the Rocky Mountain Ditch is located on the South side of the Croke Dam in the NE 1/4 NE 1/4 NW 1/4 of Section 26, Township 3 South, Range 70 West of the 6th P.M. at a point on the south side of Clear Creek which bears South 18°12'25" West, a distance of 401.11 feet from the North 1/4 corner of said Section 26, Jefferson County, Colorado. (C) Lee, Stewart and Eskins Ditch: The headgate of the Lee, Stewart and Eskins Ditch is located on the south bank of

Clear Creek at a point whence the south quarter corner of Section 32, Township 3 South, Range 70 West of the 6th P.M. bears South 28 degrees East 900 feet, more or less, in Jefferson County, Colorado. (D) Maple Grove Reservoir: The Maple Grove Reservoir is located in the South 1/2, Section 29, and the North 1/2, Section 32, Township 3 South, Range 69 West of the 6th P.M., Jefferson County, Colorado. (E) Fairmount Reservoir. The Fairmount Reservoir is located in the Northeast 1/4 of Section 24, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado, said Fairmount Reservoir is more particularly described in the decree for conditional storage rights for said Fairmount (formerly Bandimere) Reservoir in Case No. 91CW092. (F) Welton Reservoir. The Welton Reservoir is to be located in the S 1/2 of Section 24 and the N 1/2 of Section 25, Township 2 South, Range 70 West of the 6th P.M., Jefferson County, Colorado. (G) Smart Reservoir (sometimes referred to as Rocky Flats Lake): Smart Reservoir is located in Sections 16 and 21, Township 2 South, Range 70 West of the 6th P.M, Jefferson County, Colorado. (H) Perry Pit: Perry Pit will be located in the NE 1/4 of Section 25, Township 1 North, Range 67 West of the 6th P.M., and the NW 1/4 of Section 30, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. The approximate centroid of the Perry Pit is in Section 25, Township 1 North, Range 66 West of the 6th P.M., 862 feet South of the North section line and 78 feet West of the east section line of said Section 25. (I) Coors Sewage Disposal Plant Outfall: The Coors Sewage Disposal Plant Outfall is located at a point on the north bank of Clear Creek in the SW 1/4 SE 1/4 Section 24, Township 3 South, Range 70 West of the 6th P.M., in Jefferson County, Colorado. 5. Paragraphs 3 and 5.B. of the Original Application, are hereby amended to add the following reservoir as an additional augmentation source and a reservoir where augmentation water under the Plan can be stored and made available directly to the Clear Creek drainage basin: A. Green Lake: Green Lake is an off-channel reservoir in the South Clear Creek drainage basin in the County of Clear Creek, Colorado, whose location is more particularly described as follows: Beginning at the outlet whence the Northwest corner of Section 29, Township 4 South, Range 74 West, bears North 15° 30' West 1,625 feet; thence South 21° 45' West 160 feet; thence South 42° 10' East 235 feet; thence South 11° 30' West 530 feet; thence South 30° 25' West 150 feet; thence South 9° 10' East 290 feet; thence South 36° 15' West 82 feet; thence North 42° 55' West 120 feet; thence North 21° 20' West 180 feet; thence North 28° 00' East 245 feet; thence North 22° 40' West 695 feet; thence North 4° 50' East 525 feet; thence South 74° 40' East 165 feet to the place of beginning. A map showing the location of Green Lake is attached hereto as Exhibit A. Location of Dam. The point of intersection of the outlet pipe and the downstream face of the dam is approximately 330 feet east of the west section line and approximately 1,600 feet south of the north section line of Section 29, Township 4 South, Range 74 West, in the Southwest quarter of the Northwest quarter of said Section 29. B. Name and capacity of ditches used to fill reservoir and legal description of point of diversion: The Green Lake Ditch or Flume a/k/a the Leavenworth Pipeline ("Leavenworth Pipeline") diverts from Leavenworth Creek at a point located approximately 2,580 feet east of the west section line and approximately 80 feet south of the north section line in Section 30, Township 4 South, Range 74 West, in the Northeast quarter of the Northwest quarter of said Section 30. The claimed filling rate from Leavenworth Creek is 50 c.f.s. C. Clear Creek owns 100 acre feet of storage in Green Lake and a pro-rata share in the Leavenworth Pipeline. An Application for a water right for Green Lake is pending in Case No. 09CW277, District Court, Water Division No. 1, Colorado. 6. Appropriative right of substitution and exchange: A. Name of appropriative right of substitution and exchange: Leavenworth Creek Exchange. B. Description of Substitution and Exchange: Pursuant to C.R.S. § 37-8-120, 37-83-104, and 37-92-302(1)(a), Applicant seeks adjudication of an additional appropriative right of substitution and exchange whereby water which is available to it under the water rights set forth in the Original Application and the First Amendment which have not been deleted hereunder ("Water Rights") is delivered to Clear Creek in order to supply downstream appropriators and an equivalent amount of water is diverted from Leavenworth Creek as described in paragraph 7.C. below. C. Location

of Structures and Exchange Reaches: Applicant seeks the right to store by exchange the Water Rights in Green Lake which is described in paragraph 6 above. (1) The downstream terminus of the exchange is as follows: The confluence of the South Fork of Clear Creek and the mainstem of Clear Creek located on Clear Creek in the NE 1/4 NW 1/4, Section 17, Township 4 South, Range 74 W at a point approximately 1,250 feet from the west section line and 250 feet south of the north section line of said Section 17. (2) The upstream terminuses are: (a) Green Lake described in paragraph 5(A) above. The source of water is native inflows captured in Green Lake; and (b) the Green Lake Ditch or Flume a/k/a the Leavenworth Pipeline ("Leavenworth Pipeline") described in 5(B) above. The source of water is Leavenworth Creek, a tributary of South Clear Creek. Applicant also claims the right to exchange water from any other point within the exchange reach. D. Description of Appropriative Rights of Substitution and Exchange: (1) Date of initiation of appropriation of substitution and exchange: January 31, 2011. (2) How initiation was initiated: Adoption of a resolution by the Board of County Commissioners of the County of Clear Creek at a public meeting; and the filing and publication of this Second Amendment to Application for Approval of the Plan for Augmentation. (3) Date Water Applied to Beneficial Use: n/a. (4) Amount Claimed: 15.0 cfs. 7. Names and addresses of owners of lands on which structures listed in this Second Amendment which were not previously listed in the Original Application or First Amendment are located: Green Lake is located on land owned by the Applicant and the City of Black Hawk, P.O. Box 68, Black Hawk, Colorado 80422. The Green Lake Ditch or Flume a/k/a the Leavenworth Pipeline is located on land owned by the United States Forest Service, 2150 Sentre Avenue, Building E, Fort Collins, Colorado 80526-8119. 8. Remarks: The appropriative right of substitution and exchange will be operated in coordination with the pending appropriative rights of substitution and exchange in this case. Applicant also requests that the Court make absolute any portions of the conditional rights of substitution and exchange requested herein which may be diverted and placed to beneficial use prior to the date of the decree to be entered herein. A. Except as expressly amended hereby, all of the claims, provisions, terms and conditions of the Original Application and the First Amendment shall remain in full force and effect. Applicant stipulates that all previous Statements of Opposition and Stipulations filed in this matter shall remain valid as against the Application as amended, without the need to renew such Statements or Stipulations. 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 April 2011 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original 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.

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