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DISTRICT COURT, WATER DIVISION NO. 2, COLORADO --------------------------------------------------------------------------------------------------------------------- RESUME OF CASES FILED AND/OR ORDERED PUBLISHED DURING JANUARY 2013 AND INVITATION FOR INCLUSION ON THE PRODUCED NONTRIBUTARY GROUND WATER WATER NOTIFICATION LIST FOR WATER DIVISION 2 --------------------------------------------------------------------------------------------------------------------- TO: ALL INTERESTED PARTIES Pursuant to C.R.S. 37-92-302, you are hereby notified that the following is a resume of applications and certain amendments filed and ordered published during January 2013, in Water Division No. 2. The names and addresses of applicants, description of water rights or conditional water rights involved and description of ruling sought as reflected by said applications, or amendments, are as follows: --------------------------------------------------------------------------------------------------------------------- CASE NO. 2012CW89 – JOSEPH WALTER STEVENS, 8064 Rock Oak Circle, Fair Oaks Ranch, TX 78015; (830) 981-4856 Application for Absolute Underground Water Right HUERFANO COUNTY Name of well: Stevens Well. Legal description of well: UTM Coordinates: Northing 4156063; Easting 485168. PLSS Description: Huerfano County, NW ¼ of the SE ¼ Section 1, Township 29 South, Range 70 West, 6th P.M. Street Address: 4200 County Road 442, La Veta, CO 81055. Subdivision: La Veta Acres, Lot 6. Source of water: Ground water. Depth of well: 6 ft. Date of appropriation: Prior to 1990, date of purchase. How appropriation was initiated: Actual use for household purposes. Date water applied to beneficial use: June 1991. If well is tributary: Amount claimed in gallons per minute or cubic feet per second: 1.5 gpm. Amount claimed in acre feet annually: Approximately 1 acre foot absolute. Use: Furnish water for household use by means of a pipeline from well to house. Number of single-family dwellings served: 1. Remarks: This well was constructed many years ago, probably by predecessor owners of the property. Shortly after I took title, I rehabilitated the well and have used it since. --------------------------------------------------------------------------------------------------------------------- CASE NO. 2013CW1 – COMPLAINT. This case is a complaint and is being listed in the resume to account for the case number in consecutive order. --------------------------------------------------------------------------------------------------------------------- CASE NO. 2013CW2 (Water Division 2) and CASE NO. 2013CW3 (Water Division 1) – TWINFLOWER POINT, LLC, Nancy K. Shea, Manager, 9950 Highland Glen Place, Colorado Springs, CO 80920 (Worley Law Firm, LLC, Henry D. Worley, Attorney for Applicant, 611 North Weber Street, Suite 104, Colorado Springs, CO 80903; (719) 634-8330. Application for Denver Basin Ground Water Rights and for Plan for Augmentation EL PASO COUNTY 1. Names of wells and permit, registration, or denial numbers: Permit No. 21806 2. Legal description of wells: Permit No. 21806 is constructed in the Dawson aquifer in the SE1/4 SE1/4 Section 15, T. 12 S., R. 66 W., 6th P.M., 780 feet from the south line and 500 feet from the east line. Up to five wells may be constructed in the Denver

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aquifer, one of which would be to replace permit 21806 if it fails to produce sufficient water. Eventually, Applicant’s successor may construct one well in each of the Arapahoe and Laramie-Fox Hills aquifers, plus all necessary additional and/or replacement wells, to be located anywhere on Applicants’ 39.635 acre property located in the SE1/4 Section 15, T. 12 S., R. 66 W., 6th P.M., in El Paso County. The address of the Applicant’s property (“Property”) is 11550 Howells Road, Colorado Springs, CO 80908; its legal description is shown on Applicant’s deed attached to the Application as Exhibit A. A map showing its general location is attached to the Application as Exhibit B, and a survey is attached to the Application as Exhibit C. (All exhibits mentioned herein are incorporated by reference and may be inspected at the office of the clerk of this Court.) The Property is located entirely within the Arkansas River drainage. 3. Sources: not nontributary Dawson aquifer; not nontributary Denver aquifer; not nontributary Arapahoe aquifer; nontributary Laramie-Fox Hills aquifer. 4. A. Date of appropriation: Not applicable. 4.B. How appropriation was initiated: Not applicable. 4.C. Date water applied to beneficial use: Not applicable. 5. Amount claimed: Dawson aquifer - 15 gpm, 336 acre feet, absolute; Denver aquifer - 15 g.p.m., 2,845 acre feet, absolute; Arapahoe aquifer - 50 g.p.m., 1,826 acre feet, absolute; Laramie-Fox Hills aquifer - 50 g.p.m., 1,134 acre feet, absolute. These amounts include the water underlying 0.559 acre of the adjacent Howells Road, to the middle of said road where it is adjacent to Applicant’s property. The water court will be asked to retain jurisdiction over such decree to enter a final determination of the amount of water available for appropriation from each aquifer based on geophysical logs for such wells. 6. Proposed use: all beneficial uses including augmentation, except municipal uses. 7. Name and address of owner of land on which wells are/will be located: Same as Applicants. II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. 8. Name of structures to be augmented: Well permit 21806. No other water rights are or will be diverted from that well. After entry of a decree, permit 21806 will be re-permitted consistent with the provisions of the decree. Also, up to five Denver aquifer wells, one of which would be constructed only to replace the Dawson aquifer well if necessary. 9. Previous decrees for water rights to be used for augmentation: None. 10. Historic use: Not applicable. 11. Statement of plan for augmentation: Applicant is seeking two augmentation plans herein, one for the existing Dawson aquifer well, permit 21806 (the “existing well”), and one for up to five Denver aquifer wells, one of which will be constructed only if the Dawson aquifer quits producing sufficient water at some point in time and is plugged and abandoned. Both plans for augmentation will use septic system return flows for replacement of depletions during a projected 300 year pumping period. Based on average annual use of 0.3 acre foot of indoor use per residence and 10% depletions utilizing a non-evaporative septic system, each residence will generate 0.27 acre foot of return flows annually which may be used, in part, to replace depletions. Dawson aquifer. The existing well is permitted to pump one acre foot annually for domestic uses. Applicants seek approval of a plan for augmentation which will allow additional uses from this well, including without limitation indoor residential uses, commercial uses, a detached home office or guest house, landscape and garden irrigation, stock water, hot tub and/or swimming pool, and augmentation use. After implementation of this plan for augmentation, the existing well shall be re-permitted to be consistent with this plan for augmentation. At such time, the existing

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well shall be limited to annual pumping of 0.8 acre foot annually. It is anticipated that depletions in the 300th year will equal approximately 20.4 percent of pumping, or 0.163 acre feet in the 300th year, which is less than the amount of septic system return flows from a nonevaporative individual sewage disposal system (“ISDS”). Based on pumping of 0.8 acre foot annually, post-pumping depletions will equal approximately 216 acre feet. Denver aquifer. In addition, Applicants seek approval of a plan for augmentation which will allow indoor residential uses, commercial uses, a detached home office or guest house, landscape and garden irrigation, stock water, hot tub and/or swimming pool and augmentation use from up to five Denver aquifer wells. As previously stated, one of the Denver aquifer well will be constructed only if permit 21806 is plugged and abandoned. Annual pumping from Denver aquifer wells will be limited as follows: one well, 3.0 acre feet annually; two wells, 1.5 acre feet annually, each; three wells, 1.0 acre foot annually, each; and either four or five wells, 0.75 acre foot annually, each. Depletions due to Denver aquifer pumping are projected to equal approximately 5.8 percent of pumping in the 300th year. If one well is constructed and pumps 3.0 acre feet annually, depletions in the 300th year will equal 0.174 acre foot annually, which is less than the annual return flows from a single ISDS. After relinquishment of 2% of the Laramie-Fox Hills aquifer water, 1,111 acre feet will be available to replace post-pumping depletions. The combination of pumping no more than 0.8 acre foot annually from the Dawson aquifer well and no more than 3.0 acre feet annually from up to four Denver aquifer wells will result in a post-pumping replacement obligation of 215 (Dawson) plus 874 (Denver) acre feet, or 1089 acre feet, total. If the Dawson aquifer well were plugged and abandoned almost immediately and five Denver aquifer wells were constructed very shortly thereafter, and pumped a total of 3.75 acre feet annually (0.75 AF/well/yr X 5 wells) for 300 years, the resulting post-pumping replacement obligation would equal 1,092 acre feet. In both cases, there is adequate Laramie-Fox Hills aquifer water to replace all post-pumping depletions. All of the Laramie-Fox Hills aquifer water shall be reserved for the replacement of post-pumping depletions unless and until the Applicant obtains court approval to use some other source of water to replace post-pumping depletions. 12. Miscellaneous provisions. (1) There are no liens against the Applicant’s property, so the notification requirements of C.R.S. 37-92-302(2)(b) are inapplicable. (2) So long as there are return flows from an ISDS, Applicant’s return flow obligation during pumping will be satisfied, and applicant may use the water not used for indoor residential purposes for any other purpose, at any location. (3) Applicant is sending a copy of this application to the Board of County Commissioners of El Paso County by certified mail, return receipt requested. A copy of that letter is attached to the Application as Exhibit D. (4) This application is being filed in Water Divisions 1 and 2. After the period for filing statements of opposition has expired, Applicants will seek to consolidate the two cases in Water Division 2, where the Property is located. --------------------------------------------------------------------------------------------------------------------- CASE NO. 2013CW3 – COMPLAINT. This case is a complaint and is being listed in the resume to account for the case number in consecutive order. ---------------------------------------------------------------------------------------------------------------------

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--------------------------------------------------------------------------------------------------------------------- CASE NO. 2013CW4 – TRAIL WEST ASSOCIATION, INC., c/o William Reed, 18300 Rio Hondo Drive, Buena Vista, CO 81211 Send all pleadings and correspondence to: Chris D. Cummins, Felt, Monson & Culichia, LLC, Attorney for Applicant, 319 North Weber Street, Colorado Springs, Colorado 80903, (719) 471-1212. Application to Make Water Rights Absolute, and for Change in Point of Diversion CHAFFEE COUNTY II. Name of Structures: A. Jubilee Pond B. Stewart Pipeline. III. Description of Conditional Water Rights: A. Jubilee Pond: 1. Date of original decree. The original decree was entered on December 13, 1999 in Case No. 92CW65, Water Division 2, with reasonable diligence granted on a portion of the conditional water storage rights, and a portion made absolute, by decree entered January 17, 2007 in Case No. 05CW99, Water Division 2. 2. Legal description of location of dam. The outlet works for Jubilee Pond are located at the point in the flow line of Jenny Creek from which the southwest corner of Section 10, Township 14 South, Range 79 West, 6th

P.M. (Rebar/Cap, LS 1776), bears South 09 26'56" West a distance of 472.8 feet. Wholly on Lot No. 203 of Monte Escondido Subdivision, a platted subdivision in the SW1/4 SW1/4 of Section 10, Township 14 South, Range 79 West, 6th P.M., Chaffee County, Colorado. 3. Source. Jenny Creek, tributary to the Arkansas River. 4. Appropriation Date. August 18, 1992. 5. Uses. a. Irrigation (conditional): i. Total number of acres irrigated: 1.5 acres. ii. Legal description of area irrigated: Lots 201, 202, and 203 of Monte Escondido Subdivision, a platted subdivision in the SW1/4 SW1/4 of Section 10, Township 14 South, Range 79 West of the 6th P.M., less area of said lots covered by permanent improvements. b. Other Uses: Fish culture for private use (absolute), fire protection (conditional), domestic (conditional) and hydropower generation for private use (conditional). 6. Surface area at high water line: 1620 square feet (0.037 acres). 7. Maximum height of dam: 7.06 feet 8. Length of dam: 44.4 feet. 9. Comments. The Water Storage Right for Jubilee Pond was granted a finding of reasonable diligence for all uses described above, except fish culture, in Case No. 05CW99. Fish culture uses were made absolute in that same Case No. 05CW99. B. Stewart Pipeline: 1. Date of original decree. The original decree was entered on December 13, 1999 in Case No. 92CW65, Water Division 2, with reasonable diligence granted on a portion of the conditional water rights, and a portion made absolute, by decree entered January 17, 2007 in Case No. 05CW99, Water Division 2. 2. Legal description of location of dam. Stewart Pipeline was originally decreed to divert from

the south bank of Jenny Creek at a point bearing North 36 00'37" West at a distance of 670.5 feet from the southwest corner of Section 10, Township 14 South, Range 79 West, 6th P.M. (Rebar/Cap LS 1776), Chaffee County, Colorado. As discussed in more detail herein, said point of diversion is on land owned by the United States Forest Service. 3. Source. Jenny Creek, tributary to the Arkansas River. 4. Appropriation Date. May 6, 1974. 5. Amount. 0.035 cfs (16 gpm). 6. Uses. a. Irrigation (absolute): i. Legal description of area irrigated: Lots 201, 202 and 203 of Monte Escondido Subdivision, a platted subdivision in the SW1/4 SW1/4 of Section 10, Township 14 South, Range 79 West of the 6th P.M., less area of said lots covered by permanent improvements. b. Other Uses (conditional): Fish culture, fire protection, and hydropower generation for private use. 7. Comments. Irrigation on Lots 201 and 202

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was made absolute in the original 92CW65 proceedings, with irrigation on Lot 203 and all other uses being decreed as conditional. Reasonable Diligence was decreed on these conditional water rights in Case No. 05CW99. As discussed in more detail below, Applicant requests a change in the decreed point of diversion for these water rights in order to remove the point of diversion to lands owned by the Applicant. IV. Change in Point of Diversion for Surface Water Right. A. Description of Requested Change. Applicant has determined that the previously decreed point of diversion for the Stewart Pipeline may be located on lands owned by the United States of America, United States Forest Service. Applicant therefore seeks to relocate the point of diversion of the Stewart Pipeline to a location approximately 100 yards downstream from the decreed point of diversion in 92CW65, to a point located on Applicant’s land. No other changes to the absolute and conditional water rights decreed to the Stewart Pipeline are sought or requested. B. Decreed structure for which change is sought: Stewart Pipeline 1. From Previous Decree Case Nos. 92CW65: i. Name of Structure: Stewart Pipeline ii. Legal Description: Decreed to divert from the south bank of Jenny Creek at a point

bearing North 36 00'37" West at a distance of 670.5 feet from the southwest corner of Section 10, Township 14 South, Range 79 West, 6th P.M. (Rebar/Cap LS 1776), Chaffee County, Colorado. iii. Source: Jenny Creek, tributary to the Arkansas River iv. Appropriation Date. May 6, 1974. v. Amount. 0.035 cfs (16 gpm). vi. Uses. Irrigation, Fish Culture, Fire Protection 2. Proposed Change of Water Right. i. Legal Description of Changed Location: Approximately 100 yards downstream on Jenny Creek from the original point of diversion, described in Paragraph IV.B.1.ii.,above, also in the SW1/4 SW1/4 of Section 10, Township 14 South, Range 79 West, 6th P.M., Chaffee County, Colorado. UTM coordinates for the changed location for the Stewart Pipeline are as follows: Northing: 42_99846 N, Easting: 13_0394045 E, Zone 13, NAD83. V. Outline of Work Done for Completion of Appropriation and Application of Water to Beneficial Uses. Since the decree in 05CW99 on January 15, 2007, Applicant and their predecessors in title have expended significant time and expenditures in diligent development of the subject water rights. These actions and expenditures include, but are not limited to the following: A. Approximately $3,000.00 expended on engineering design work to design a diversion structure capable of diverting and metering flows for the subject water rights as well as other coincidentally located water rights owned by Applicant and by a neighboring landowner. B. Approximately $3,500.00 expended in construction and fabrication of the above described diversion/headgate structure. C. Continued efforts to obtain a special use permit from the United States Forest Service, based on the application filed by Applicant’s predecessor in title for continued use of the originally decreed point of diversion for the Stewart Pipeline. D. Ongoing consultation with legal counsel regarding Applicant’s integrated water use system, including water rights decreed to Applicant’s use in Case No. 93CW87. Such consultation included site visits to the property, and expenditures in excess of $5,000.00. E. Efforts to complete beneficial use of the water rights decreed to the Stewart Pipeline and Jubilee Pond, as discussed in more detail below. F. Ongoing operation and maintenance of the Stewart Pipeline and Jubilee Pond for continued beneficial use of water rights decreed thereto, and completion of the appropriation for the beneficial uses described below. VI. Claim to Make Absolute. A. Jubilee Pond. 1. Existing Absolute Water Rights: Jubilee Pond, by decree in Case No. 05CW99, was made absolute for Fish Culture purposes,

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dated January 17, 2007. By this Application, Applicant seeks to make absolute uses associated with fire protection, and irrigation. Applicant seeks to abandon uses associated with hydropower generation for private use and domestic uses. 2. Date water first applied to beneficial use: In approximately June, 2008, water was released from Jubilee Pond to fill tanker trucks utilized for fire protection purposes, and to determine the rate at which such releases could be made for future fire emergencies. In approximately June, 2008, water released from Jubilee Pond was applied to irrigation use. 3. Amount: 0.18 acre-feet ABSOLUTE. 4. Uses: Fire Protection and Irrigation Purposes. B. Stewart Pipeline. 1. Existing Absolute Water Rights: Stewart Pipeline, by decree in Case No. 05CW99, was made absolute for irrigation purposes, dated January 17, 2007. By this Application, Applicant seeks to make absolute uses associated with fire protection, and fish culture. Applicant seeks to abandon uses associated with hydropower generation for private use. 2. Date water first applied to beneficial use: In approximately 2008, water was diverted to Jubilee Pond through the Stewart Pipeline, with such water subsequently being released to fill tanker trucks utilized for fire protection purposes, as discussed above. In approximately 2006, Applicant diverted water through the Stewart Pipeline to Jubilee Pond for fish culture uses, Jubilee Pond having been previously stocked with Rainbow Trout. 3. Amount: 0.035 cfs (16 gpm) ABSOLUTE. 4. Use: Fish Culture for Private Use and Fire Protection purposes. Applicant requests approval of this Application (1) approving a change in point of diversion for the Stewart Pipeline; (2) decreeing fish culture and fire protection uses absolute for the Stewart Pipeline; and (3) decreeing fire protection and irrigation uses absolute for Jubilee Pond. In the alternative, and based upon the efforts delineated in Section V. of this Application, Applicant seeks a finding that reasonable diligence has been made towards application of any remaining conditional water rights to beneficial use, and continuation of any such remaining conditional water rights for another 6-year diligence period. On this basis, in concert with Applicant’s stated intent to abandon those uses not requested as absolute herein, Applicant has completed the appropriation associated with the subject conditional water rights. --------------------------------------------------------------------------------------------------------------------- CASE NO. 2013CW5 – COMPLAINT. This case is a complaint and is being listed in the resume to account for the case number in consecutive order. --------------------------------------------------------------------------------------------------------------------- CASE NO. 2013CW6 – DONALA WATER AND SANITATION DISTRICT (“Donala”), 15850 Holbein Drive, Colorado Springs, CO 80921 (Please send copies of all correspondence and pleadings to: Petrock & Fendel, P.C., Frederick A. Fendel, III and Kara N. Godbehere, Attorneys for Applicant, 700 Seventeenth Street, Suite 1800, Denver, CO 80202; (303) 534-0702) Application for Change of Water Rights EL PASO COUNTY 2. History of Case and Decreed Water Rights for Which Change is Sought: Nontributary and not-nontributary groundwater rights associated with approximately 184 acres located in parts of the SE ¼ of Section 20 and the SW ¼ of Section 21, T11S, R66W, 6th P.M. (the “Brown Ranch,” more particularly shown on exhibit A attached to the Application) were decreed on April 28, 2005 in Case No. 01CW140 in the District Court for Water Division 2. (All exhibits mentioned herein are incorporated by reference

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and may be inspected at the office of the clerk of this Court.) The Brown Ranch was later included into the Donala Water and Sanitation District, and the groundwater rights subsequently conveyed to Donala. In Case No. 04CW22, these groundwater rights were incorporated into Donala’s wellfields, allowing withdrawal of the Brown Ranch water through wells located in other parts of Donala, and an augmentation plan was decreed for the not-nontributary portions of the rights (the augmentation plan decreed in Case No. 04CW22 also involves rights decreed in Case Nos. W-4216, 85CW7, 90CW45, 97CW61, 97CW218, 97CW161, 91CW16, and 93CW169, none of which are proposed for change herein). In December 2012, the landowner filed a petition for exclusion of the Brown Ranch property from Donala. By agreement, Donala will retain nontributary and not-nontributary ground water rights underlying the property in the Arapahoe aquifer, and will reconvey to the landowner the underlying ground water rights in the Dawson, Denver, and Laramie-Fox Hills aquifers. Donala seeks by this application to remove the Brown Ranch ground water in the Dawson, Denver, and Laramie-Fox Hills aquifers from its wellfields, and to amend its augmentation plan to exclude use of water from the Dawson, Denver and Laramie-Fox Hills aquifers underlying the Brown Ranch. 3. Amounts of Groundwater Underlying the Brown Ranch to be Excluded: a. Denver aquifer groundwater: 169 af/year. b. Reserved Laramie-Fox Hills aquifer groundwater: 53.9 af/year. c. Dawson aquifer groundwater: 118 af/year. 4. Owners of land on which structures are located: The Brown Ranch is owned by Randy Scholl and Margaret E. Scholl. Wherefore, Donala requests a decree approving the above changes of groundwater rights, and for such other and further relief as is warranted. --------------------------------------------------------------------------------------------------------------------- CASE NO. 2013CW7 – TOWN OF FOWLER, Dan Hyatt, Town Administrator, 317 Main Street, Fowler, CO 81039 (Worley Law Firm, LLC, Henry D. Worley, Attorney for Applicant, 611 North Weber Street, Suite 104, Colorado Springs, CO 80903. (719) 634-8330) Application for Change of Water Rights PUEBLO AND OTERO COUNTIES 2. Decreed water right for which change is sought: A. Name: Oxford Farmer’s Ditch. B. Date of original and all relevant subsequent decrees: March 23, 1896. Case No.: CA2535. Court: District Court, Pueblo County, Colorado. C. Legal description of structure: headgate is located on the South bank of the Arkansas River

in the N.E. 1/4 of the N.W. 1/4 of Sec. 31, T. 21 S., R. 60 W., at a point N. 14 50' E. 4544.1 feet from the S.W. section corner of Sec. 31, same T. and R., in Pueblo County, Colorado. D. Decree source of water: Arkansas River. E. and F. Appropriation Date and amounts: September 21, 1867, 13.4 cfs; February 26, 1887, 116 cfs., both absolute. G. Decreed use: irrigation. H. Amount of water that applicant intends to change: 8.7 shares out of 1,196 shares, representing 0.9413 cfs, absolute, based on its pro rata ownership interest in the entire ditch. (2.4 shares are owned by the Fowler School District No. R4-J and are leased to Applicant.) 3. Detailed description of proposed change. Applicant seeks to change its direct flow right from irrigation to augmentation of all municipal uses. The changed water rights will be included as an augmentation source in Colorado Water Protective and Development Association’s (“CWPDA”) Rule 14 Plan. A. Complete statement of change: This statement of

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change is a brief summary of the findings and conclusions of an engineering report conducted by W.W. Wheeler & Associates, Inc. (“Wheeler”), a copy of which will be provided to all opposers and the State and Division Engineers (even if they are not opposers) after the deadline for filing statements of opposition has expired. Applicant reserves the right to amend as necessary its engineering report if additional information becomes available. In addition to the direct flow water rights decreed to it, the Oxford Farmer’s Ditch also obtains water from Fryingpan-Arkansas Project annual allocations and from several wells included in CWPDA’s Rule 14 plan, which pump directly into the ditch. The contributions from these water sources have been “backed out” of the Wheeler calculations of historic consumptive use (“HCU”). To determine HCU, Wheeler used a study period from 1911 through 2003, after which its ditch shares were included in CWPDA’s Rule 14 plan through 2010. Because there are no long-term records of the crops grown on the land associated with Fowler’s water shares, Wheeler used a representative mix of crops to derive a weighted consumptive irrigation requirement of 1.86 acre feet per acre per year on an average of 32.4 acres, with average annual depletions of 59.2 acre feet. Applicant proposes to divert its entire pro rata interest in the Oxford Farmer’s Ditch through the decreed diversion structure, re-divert it into a lateral which historically delivered water to the historically irrigated parcels of land, measure it at a Parshall flume (this is the “flume” referred to in the table), apply a “factor” to the delivered water to calculate the consumptive use for that period, and then return all of the diverted water to the Arkansas River in the NW1/4 NW1/4 Section 16, T. 22 S., R. 59 W., 6th P.M. By doing so, historical ditch seepage attributable to Applicant’s interest in the ditch will continue as occurred historically. The monthly factors are as follows: March, 3.3%; April, 75.5%; May, 69.7%; June, 72.9%; July, 59.3%; August, 36.9%. Consumption typically occurs during September, October, and November of each year, but they are more than offset by return flows, so there are no net stream depletions during those months, and no factors apply. In order to prevent an increase in HCU, Fowler proposes the following monthly farm headgate deliveries, limitations on 40 year rolling average monthly and annual depletions, and an additional “factor,” or percentage, to be applied to March 16 - August 31 deliveries to the farm headgate to determine required replacements to the Arkansas River to replicate historic return flows (“net accretions”): Time Period Maximum farm

headgate deliveries (AF)

Maximum monthly depletions (AF)

Maximum 40 yr rolling de-pletions (AF)

Return flow req’t as % of 3/16 - 8/31 farm headgate deliveries

March 16 - 31 24.1 13.7 12

April 40.8 24.4 556

May 39.5 39.5 604

June 49.9 30.7 960

July 54.5 28.7 774

August 51.9 23.6 348

September 0.3

October 3.6

Nov. 1 - 14 2.8

Nov. 15 - 30 2.8

December 4.1

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January 2.6

February 1.6

Annual 211 88.1 3,224 NA

From September 1 through November 14, Fowler proposes to divert its full allotment of ditch water, measure it, and return it to the river without taking credit for HCU, in order to replicate its historic lagged return flows. To the extent the September 1 - November 14 deliveries are insufficient, CWPDA’s Rule 14 Plan will replace such lagged return flows. Lagged return flows which occur between November 15 and the end of February will also be replaced pursuant to the Rule 14 Plan. B. and C. This application does not correct the location of a well or change the location of the point of diversion for the Oxford Farmer’s Ditch. 4. No new diversion or storage structures are involved, nor is modification to any existing diversion or storage structure involved. 5. This application does not include any new diversion or storage structures, or modify any existing diversion or storage structures. 6. This application is not intended to affect the participation of Fowler’s shares in the winter water storage program. 7. Table 5 from Wheeler’s report showing total diversions attributable to Fowler’s pro rata interest in the Oxford Farmer’s Ditch is attached to the Application. A map showing the location of the Oxford Farmer’s Ditch headgate and the land historically irrigated by Fowler’s shares is attached to the Application as Figure 1. (All exhibits mentioned herein are incorporated by reference and may be inspected at the office of the clerk of this Court.) --------------------------------------------------------------------------------------------------------------------- CASE NO. 2013CW8 – STEPHEN A. SMITH and TERESA A. MAKI, 56500 County Road 94.0, Model, CO 81059 Application for Finding of Reasonable Diligence and To Make Absolute in Whole or in Part LAS ANIMAS COUNTY Name of structure: SM Spring & Pond. Describe conditional water right: A. Date of Original Decree: April 1, 1999; Case No.: 98CW63; Court: Water Division 2. Subsequent decrees awarding findings of diligence: Date of Decree: January 5, 2007; Case No.: 05CW32; Court: Water Div. 2. C. Legal description: 450 feet from the East section line and 490 ft. from the South section line, Sect. 21, T27S, R60W, 6th P.M., Las Animas County, Colorado. Source of water: Spring. Appropriation Date: August 16, 1996; Amount: 5 a.f. Use: Vineyard irrigation. Detailed description of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed: Spring is currently non functional. It has been dry since 2008. If claim to make absolute—Date water applied to beneficial use: Spring has been dry since 2008. 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: Applicants. ---------------------------------------------------------------------------------------------------------------------

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--------------------------------------------------------------------------------------------------------------------- CASE NO. 2013CW9; Previous Case Nos. 84CW203, 93CW36, and 02CW72 – CITY OF COLORADO SPRINGS, ACTING THROUGH COLORADO SPRINGS UTILITIES, c/o M. Patrick Wells, P.E., P. O. Box 1103, Mail Code 930, Colorado Springs, CO 80947-0930 (Please address all correspondence to: Michael J. Gustafson, City Attorney’s Office – Utilities Division, 30 South Nevada Avenue, Suite 501, Mail Code 510, Colorado Springs, Colorado 80903, (719) 385-5909) Application for Finding of Reasonable Diligence and To Make Conditional Water Rights Absolute in Part, in the Arkansas River and its Tributaries IN LAKE, CHAFFEE, FREMONT, PUEBLO, TELLER AND EL PASO COUNTIES, COLORADO 2. Conditional Water Right and Structures Involved: Colorado Springs’ Arkansas River Exchanges, involving the structures described in Paragraph 3.E below. 3. Describe conditional water right (as to each structure) including the following information from the Referee’s Ruling and Judgment and Decree: A. Date of Original Decree: June 16, 1987, Case No. 84CW203 Court: District Court, Water Division No. 2. B. Subsequent decrees awarding findings of diligence: 02CW72, entered January 30, 2007; and 93CW36, entered May 15, 1996. C. Appropriation Date: November 24, 1981. D. Decreed Use: All beneficial uses for which the waters to be exchanged and reused are decreed, including those uses set forth in the Decree in Case No. 84CW203. E. Decreed legal description and PLSS Description (structures involved in exchanges): 1. Pueblo Reservoir. The point of diversion of Pueblo Reservoir is at a point at the intersection of the Pueblo Dam axis and the Arkansas River whence the Northeast corner of Section 36, Township 20 South, Range 66 West of the 6th Principal Meridian, bears North 61° 21' 20" East a distance of 2,511.05 feet. Said reservoir inundates all or portions of Sections 7, 18, 19, 20, 21, 22, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36, Township 20 South, Range 66 West of the 6th Principal Meridian, Sections 1, 2, 3, 4, 5, 9, 10, and 11, Township 21 South Range 66 West of the 6th Principal Meridian, and Section 5, 8, 9, 13, 14, 15, 16, 22, 23, and 25, Township 20 South, Range 67 West of the 6th Principal Meridian. 2. Twin Lakes Reservoir. Twin Lakes Reservoir is formed by a dam across Lake Creek in Lake County in Section 23, Township 11 South, Range 80 West of the 6th Principal Meridian, as described in the decree in Case No. 80CW6 (District Court, Water Division No. 2), dated October 23, 1980. 3. Turquoise Reservoir. Turquoise Reservoir is formed by a dam across Lake Fork Creek in Lake County in Section 19, Township 9 South, Range 80 West of the 6th Principal Meridian as described in the decree in Case No. 80CW6 (District Court, Water Division No. 2), as dated October 23, 1980. 4. Clear Creek Reservoir. Clear Creek Reservoir is located on Clear Creek in Sections 7 and 8, Township 12 South, Range 79 West, and Section 12, Township 12 South, Range 80 West of the 6th Principal Meridian, Chaffee County. 5. Fountain Valley Conduit. The Fountain Valley Conduit is a series of pipelines, pumping stations and other water-conveyance facilities in Pueblo and El Paso Counties that together convey water from the outlet works of Pueblo Reservoir to the Fountain Valley Authority's water users, including the City of Colorado Springs. The Fountain Valley Conduit is a part of the Fryingpan-Arkansas Project which is described in more detail in Paragraphs 3 and 5, and Exhibit 2, of Contract Number 9-07-70-W0315, dated July 10, 1979, between the

11

United States and the Southeastern Colorado Water Conservancy District. Colorado Springs is authorized to utilize a portion of the capacity of the Fountain Valley Conduit to transport water, pursuant to a Subcontract dated July 10, 1979, between the Southeastern Colorado Water Conservancy District, the Fountain Valley Authority, the City of Colorado Springs, and various other parties. 6. Otero Pump Station (a.k.a. Otero Diversion Structure). The Otero Pump Station diverts water from the Arkansas River in Chaffee County, approximately at the point that bears North 30° West a distance of 6,180 feet to the Northeast corner of Section 6, Township 12 South, Range 79 West of the 6th Principal Meridian. PLSS: In the SW¼ of the SE¼ of Section 5, T. 12 S., R. 79 W. of the 6th P. M. at a point 35 feet from the South Section line and 2256 feet from the East Section line. 7. Pikes Peak Collection System - South Slope (South Slope System). The Pikes Peak Collection System-South Slope is a system of five reservoirs and connected diversion structures, pipelines and tunnels in Teller and El Paso Counties consisting of the following: (a) Big Horn Reservoir (Reservoir Number 7). Located on a branch of the East Fork of West Beaver Creek in the Southeast quarter of Section 13 and the Northeast quarter of Section 24, Township 14 South, Range 69 West of the 6th Principal Meridian. A point located at the intersection of the creek and the dam axis bears South 19 West 2,896 feet to a point, thence South 66° West 1,598 feet to the Northwest corner of Section 26, Township 14 South, Range 69 West of the 6th Principal Meridian. (b) Wilson Reservoir (Reservoir Number 8). Located on the East Fork of West Beaver Creek in the Southeast quarter and the Southeast quarter of the Northeast quarter of Section 23, the West half of the Southwest quarter and the Southwest quarter of the Northwest quarter of Section 24, Township 14 South, Range 69 West of the 6th Principal Meridian. Station 65 near the dam bears South 53° East a distance of 19,280 feet to the Southeast corner of Section 32, Township 14 South, Range 68 West of the 6th Principal Meridian. (c) Boehmer Reservoir (Reservoir Number 2). Located on the Main Fork of Middle Beaver (Boehmer) Creek in the South half of Section 19 and the North half of Section 30, Township 14 South, Range 68 West of the 6th Principal Meridian. (d) Mason Reservoir (Reservoir Number 4). Located on Middle Beaver Creek in Sections 32 and 33 of Township 14 South, Range 68 West of the 6th Principal Meridian, and Sections 4 and 5 of Township 15 South, Range 68 West of the 6th Principal Meridian in Teller County. Station 0 of the dam bears North 6° 49' West a distance of 950.62 feet to the Southeast Corner of Section 32, Township 14 South, Range 68 West of the 6th Principal Meridian. (e) McReynolds Reservoir (Reservoir Number 5). Located on a tributary of Middle Beaver Creek in Section 4, Township 15 South, Range 68 West of the 6th Principal Meridian in Teller County. Station 0 of the dam bears North 34° 35' West a distance of 2,166.2 feet to the Southeast corner of Section 32, Township 14 South, Range 69 West of the 6th Principal Meridian. These reservoirs are more fully described in the decree in Case No. 2673 (District Court, Fremont County, dated February 8, 1918. 8. Rosemont Collection System. The Rosemont Collection System consists of Rosemont Reservoir and connected diversion structures, pipelines and tunnels in Teller and El Paso Counties. The reservoir is located on East Beaver Creek in the Southeast quarter and the Southeast quarter of the Northeast quarter of Section 23, Township 15 South, Range 68 West of the 6th Principal Meridian, and the system diverts waters from East Beaver Creek and its tributaries, as described in the decree in Case No. 6193, District Court of

12

Fremont County. 9. Las Vegas Street Wastewater Treatment Facility Outfall. Located on Fountain Creek in the SW¼ SW¼ of Section 20, Township 14 South, Range 66 West of the 6th Principal Meridian in El Paso County. Prior legal descriptions for the Las Vegas Street Wastewater Treatment Facility Outfall, contained an error in stating that the outfall is in the SW¼ SW¼ of Section 20, when it is actually in the SE¼ of the SW¼. Applicant filed an application for change of water right in District Court, Water Division 2, Case No. 11CW62 to correct the error in the legal description. PLSS: In the SE¼ of the SW¼ of Section 20, T. 14 S., R. 66 W. of the 6th P. M. at a point 583 feet from the South Section line and 2176 feet from the West Section line. 10. Air Force Academy Wastewater Treatment Facility Outfall. Located on Monument Creek in the SW¼ SW¼ of Section 19, Township 12 South, Range 66 West of the 6th Principal Meridian in El Paso County. PLSS: In the SW¼ of the SW¼ of Section 19, T. 12S., R. 66W. of the 6th P. M. at a point 10 feet from the South Section line and 775 feet from the West Section line. 11. Any other supplemental or replacement wastewater treatment facility outfall located within the drainages of Fountain Creek or the Arkansas River above its confluence with Fountain Creek and hereafter utilized by Applicant, including any terminal storage facilities hereafter constructed and located to receive Applicant’s wastewater facility discharges. F. Source of water: The sources of water for the appropriative rights of exchange herein are: 1. Transmountain Water Rights: (a) The Blue River Project which diverts water from the headwaters of the Blue River and its tributaries in Summit County. The 1929 water rights associated with this project were adjudicated by the decree in Civil Action No. 1710 (District Court, Summit County) dated October 26, 1937, and were modified by the decree in Civil Action No. 1883 (District Court, Summit County) dated June 15, 1953. These water rights have an appropriation date of August 5, 1929. The 1948 water rights associated with this project were adjudicated by the decree in Civil Action No. 1806 (District Court, Summit County) dated May 10, 1952, the Final Decree in Consolidated Cases No. 2782, 5016, and 5017 (U.S. District Court, District of Colorado) dated October 15, 1955, and were made absolute by the decree in Consolidated Cases No. 2782, 5016, and 5017 (U.S. District Court, District of Colorado) dated February 26, 1968. These water rights have an appropriation date of May 13, 1948. An additional component of the Blue River Project is water diverted from the Middle Fork of the South Platte River in Park County. Water from the Middle Fork of the South Platte is stored in Montgomery Reservoir pursuant to Priority No. A-207 of appropriation dated September 5, 1930, by absolute decree dated May 16, 1966, in Civil Action No. 3286, District Court of Park County. (b) The Homestake Project which diverts water from the headwaters of tributaries of the Eagle River in Eagle County. The water rights were conditionally adjudicated by the decree in Civil Action No. 1193 (District Court, Eagle County) dated June 8, 1962. These water rights have an appropriation date of September 22, 1952. Applicant has the right to utilize one-half of the waters produced by the Homestake Project by virtue of the agreement dated June 18, 1962, between the City of Aurora and the City of Colorado Springs. (c) The Fryingpan-Arkansas Project which diverts water from the headwaters of Hunter Creek and the Fryingpan River and its tributaries in Pitkin County. The water rights were adjudicated by the decrees in Civil Action No. 4613 (District Court, Garfield County) dated June 20, 1958, and August 3, 1959, and were modified by the decree in Case No. W-829-76 (District Court, Water Division No. 5) dated November 27,

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1979. These water rights have an appropriation date of July 29, 1957. (i) The application in this case do not give the Applicant any rights of use of Fryingpan-Arkansas Project structures, or any rights of ownership or rights to purchase or receive allocation of Fryingpan-Arkansas Project water or return flows from Fryingpan-Arkansas Project water, but does not alter any existing rights the Applicant may otherwise have. The amount of Project water available to the Applicant is determined by Southeastern Colorado Water Conservancy District’s (“Southeastern”) annual allocations made pursuant to its Allocation Principles, policies, and agreements. Return flows from Project water will be utilized in exchanges only after they are purchased from Southeastern. The Applicant’s purchase and use of Project water and return flows therefrom shall be consistent with the Allocation Principles of Southeastern (as they may be amended from time to time), and the lawful rules, regulations, policies, procedures, contracts, charges and terms as may be lawfully determined from time to time by Southeastern, in its sole discretion. The exchange and use of Project water under application shall be subject to and consistent with the terms of any agreement between the Applicant and Southeastern for storage of the Applicant’s allocated and purchased Project water and return flows therefrom in non-project facilities. (d) The Independence Pass Transmountain Diversion System (a/k/a Twin Lakes Project) which diverts water from the headwaters of the Roaring Fork River and its tributaries in Pitkin County. The water rights were adjudicated by a decree in Civil Action No. 3082 (District Court, Garfield County) dated August 25, 1936, and were modified by a decree in Case No. W-1901 (District Court, Water Division No. 5), dated May 12, 1976. These water rights have an appropriation date of August 23, 1930. The Applicant has the right to take and use its pro rata share of the water diverted and stored by the Twin Lakes Reservoir and Canal Company under these water rights. 2. Arkansas River Water Rights: (a) Twin Lakes Reservoir which impounds water from Lake Creek for storage at the reservoir. The water rights were adjudicated by decree in Civil Action No. 2346 (District Court, Chaffee County), dated July 14, 1913, with appropriation dates and amounts as follows: December 15, 1896 -20,645.3 acre feet; March 29, 1897 – 33,806.7 acre feet. (b) Sugarloaf Reservoir which impounds water from Lake Fork Creek for storage at Turquoise Reservoir. The water right was adjudicated by decree in Civil Action No. 1856 (District Court, Chaffee County), dated March 18, 1912, with appropriation date of May 1, 1902, for 17,416 acre feet. The amount of water which Colorado Springs may divert and use pursuant to the decree in Civil Action No. 1856, with the terms and conditions of such use, was determined in Case No. 86CW117. The description of or reference to structures and water rights herein is not intended to amend or limit the decrees for those structures and water rights in any way, and omissions in such descriptions and references shall in no way prejudice the owners of those structures and water rights. G. Description of Exchanges: 1. Transmountain Water Rights Exchanges: (a) Exchange and Reuse Program from Fountain Creek Wastewater Treatment Facilities to Pueblo Reservoir, Twin Lakes Reservoir, Fountain Valley Conduit, Otero Pump Station, South Slope System, Turquoise Reservoir, Clear Creek Reservoir, and the Rosemont System: (i) Stream reaches of exchanges: the reaches of Fountain Creek and its tributaries and the Arkansas River and its tributaries between the following points of exchange: (A) Points from which water is exchanged: (1) The Las Vegas Street Wastewater Treatment Facility Outfalls (“Las Vegas WWTP”)

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on Fountain Creek; (2) The Air Force Academy Wastewater Treatment Facility Outfall on Monument Creek; and (3) Any other supplemental or replacement wastewater treatment facility outfall, including terminal storage facilities, located within the drainage of Fountain Creek or the Arkansas River above its confluence with Fountain Creek. (B) Points to which water is exchanged: Pueblo Reservoir, Twin Lakes Reservoir, Fountain Valley Conduit, Otero Pump Station, South Slope System, Turquoise Reservoir, Clear Creek Reservoir, and the Rosemont System. (ii) Amount: 164.0 c.f.s. total, of which the following amounts have previously been decreed absolute and remain conditional: FROM TO ABSOLUTE (C.F.S.) CONDITIONAL (C.F.S.)

Wastewater Outfalls Pueblo Reservoir

48.62 115.38

Twin Lakes Reservoir 36.46 127.54

Fountain Valley Conduit

0.00 164.00

Otero Pump Station 0.00 164.00

South Slope System 0.00 164.00

Turquoise Reservoir 25.00 139.00

Clear Creek Reservoir 17.50 146.50

Rosemont System 0.00 164.00

(b) Exchange and Reuse Program from Fountain Creek Terminal Effluent Storage Facilities to Pueblo Reservoir, Twin Lakes Reservoir, Fountain Valley Conduit, Otero Pump Station, South Slope System, Turquoise Reservoir, Clear Creek Reservoir, and the Rosemont System: (i) Stream reaches of exchanges: the reaches of Fountain Creek and its tributaries and the Arkansas River and its tributaries between the following points of exchange: (A) Points from which water is exchanged: Terminal Effluent Storage Facilities in the Fountain Creek drainage. (B) Points to which water is exchanged: Pueblo Reservoir, Twin Lakes Reservoir, Fountain Valley Conduit, Otero Pump Station, South Slope System, Turquoise Reservoir, Clear Creek Reservoir, and the Rosemont System. (ii) Amount: 1,000.00 c.f.s. total, none of which has previously been decreed absolute. (c) Exchange and Reuse Program from Pueblo Reservoir to Twin Lakes Reservoir, Otero Pump Station, South Slope System, Turquoise Reservoir, Clear Creek Reservoir, and the Rosemont System: (i) Stream reaches of exchanges: the reaches of the Arkansas River and its tributaries between the following points of exchange: (A) Points from which water is exchanged: Pueblo Reservoir. (B) Points to which water is exchanged: Twin Lakes Reservoir, Otero Pump Station, South Slope System, Turquoise Reservoir, Clear Creek Reservoir, and the Rosemont System. (ii) Amount: The maximum rate of flow that would have been released from the receiving storage reservoir had no exchange been made and had no storage right junior to November 24, 1981, been exercised to store water in the receiving reservoir; except that Contract Exchanges have no rate of flow limitation and the Otero Pump Station is limited to its physical capacity. The amounts that have been previously been decreed absolute for these exchanges are set forth below:

15

FROM TO ABSOLUTE (C.F.S.)

Pueblo Reservoir Twin Lakes Reservoir

765.95

Otero Pump Station 20.80

South Slope System 66.59

Turquoise Reservoir 125.00

Clear Creek Reservoir

50.00

Rosemont System 15.75

(d) Exchange and Reuse Program from the Rosemont System to Twin Lakes Reservoir, Otero Pump Station, South Slope System, Turquoise Reservoir, and Clear Creek Reservoir: (i) Stream reaches of exchanges: the reaches of the Arkansas River and its tributaries between the following points of exchange: (A) Points from which water is exchanged: The Rosemont System. (B) Points to which water is exchanged: Twin Lakes Reservoir, Otero Pump Station, South Slope System, Turquoise Reservoir, and Clear Creek Reservoir. (ii) Amount: The maximum rate of flow that would have been released from the receiving storage reservoir had no exchange been made and had no storage right junior to November 24, 1981, been exercised to store water in the receiving reservoir; except that Contract Exchanges have no rate of flow limitation and the Otero Pump Station is limited to its physical capacity. None of this amount has previously been decreed absolute. (e) Exchange and Reuse Program from the South Slope System to the Rosemont System, Twin Lakes Reservoir, Otero Pump Station, South Slope System, Turquoise Reservoir, and Clear Creek Reservoir: (i) Stream reaches of exchanges: the reaches of the Arkansas River and its tributaries between the following points of exchange: (A) Points from which water is exchanged: The South Slope System. (B) Points to which water is exchanged: the Rosemont System, Twin Lakes Reservoir, Otero Pump Station, South Slope System, Turquoise Reservoir, and Clear Creek Reservoir. (ii) Amount: The maximum rate of flow that would have been released from the receiving storage reservoir had no exchange been made and had no storage right junior to November 24, 1981, been exercised to store water in the receiving reservoir; except that Contract Exchanges have no rate of flow limitation and the Otero Pump Station is limited to its physical capacity. None of this amount has previously been decreed absolute. (f) Exchange and Reuse Program from Turquoise Reservoir to Twin Lakes Reservoir, South Slope System, Clear Creek Reservoir, and the Rosemont System: (i) Stream reaches of exchanges: the reaches of the Arkansas River and its tributaries between the following points of exchange: (A) Points from which water is exchanged: Turquoise Reservoir. (B) Points to which water is exchanged: the Rosemont System, Twin Lakes Reservoir, South Slope System, and Clear Creek Reservoir. (ii) Amount: The maximum rate of flow that would have been released from the receiving storage reservoir had no exchange been made and had no storage right junior to November 24, 1981, been exercised to store water in the receiving reservoir; except that Contract Exchanges have no rate of flow limitation. None of this amount has previously been decreed absolute. (g) Exchange and Reuse Program from Twin Lakes Reservoir to Turquoise Reservoir, South Slope System, Clear Creek Reservoir, and the Rosemont System: (i) Stream reaches of exchanges: the

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reaches of the Arkansas River and its tributaries between the following points of exchange: (A) Points from which water is exchanged: Twin Lakes Reservoir. (B) Points to which water is exchanged: Turquoise Reservoir, South Slope System, Clear Creek Reservoir, and the Rosemont System. (ii) Amount: The maximum rate of flow that would have been released from the receiving storage reservoir had no exchange been made and had no storage right junior to November 24, 1981, been exercised to store water in the receiving reservoir; except that Contract Exchanges have no rate of flow limitation. Of this amount 23.90 c.f.s. has been previously decreed absolute for exchange into Clear Creek Reservoir. (h) Exchange and Reuse Program from Clear Creek Reservoir to Twin Lakes Reservoir, Turquoise Reservoir, Otero Pump Station, South Slope System, and the Rosemont System: (i) Stream reaches of exchanges: the reaches of the Arkansas River and its tributaries between the following points of exchange: (A) Points from which water is exchanged: Clear Creek Reservoir. (B) Points to which water is exchanged: Twin Lakes Reservoir, Turquoise Reservoir, Otero Pump Station, South Slope System, and the Rosemont System. (ii) Amount: The maximum rate of flow that would have been released from the receiving storage reservoir had no exchange been made and had no storage right junior to November 24, 1981, been exercised to store water in the receiving reservoir; except that Contract Exchanges have no rate of flow limitation and the Otero Pump Station is limited to its physical capacity. Of this amount 30.00 c.f.s. has been previously decreed absolute for exchange into Twin Lakes Reservoir. 1. Arkansas River Water Rights Exchanges: (a) Exchange and Reuse Program from Twin Lakes Reservoir to Turquoise Reservoir, South Slope System, Clear Creek Reservoir and the Rosemont System: (i) Stream reaches of exchanges: the reaches of the Arkansas River and its tributaries between the following points of exchange: (A) Points from which water is exchanged: Twin Lakes Reservoir. (B) Points to which water is exchanged: Turquoise Reservoir, South Slope System, Clear Creek Reservoir and the Rosemont System. (ii) Amount: The maximum rate of flow that would have been released from the receiving storage reservoir had no exchange been made and had no storage right junior to November 24, 1981, been exercised to store water in the receiving reservoir; except that Contract Exchanges have no rate of flow limitation. The amounts that have been previously been decreed absolute for these exchanges are set forth below:

FROM TO ABSOLUTE (C.F.S.)

Twin Lakes Reservoir South Slope System 66.89

Turquoise Reservoir 80.00

Clear Creek Reservoir

4.56

Rosemont System 0.00

(b) Exchange and Reuse Program from Sugar Loaf Reservoir (at Turquoise Reservoir) to Twin Lakes Reservoir, South Slope System, Clear Creek Reservoir and the Rosemont System: (i) Stream reaches of exchanges: the reaches of the Arkansas River and its tributaries between the following points of exchange: (A) Points from which water is exchanged: Sugar Loaf Reservoir (at Turquoise Reservoir). (B) Points to which water is exchanged: Twin Lakes Reservoir, South Slope System, Clear Creek Reservoir and the Rosemont System. (ii) Amount: The maximum rate of flow that would have

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been released from the receiving storage reservoir had no exchange been made and had no storage right junior to November 24, 1981, been exercised to store water in the receiving reservoir; except that Contract Exchanges have no rate of flow limitation. None of this amount has previously been decreed absolute. 4. Diligence: A. Integrated System. The Applicant owns and operates an integrated system for water diversions, transmission, storage, treatment, and distribution, as well as collection and treatment of the resultant wastewater for release, exchange, and reuse. The conditional water rights herein are a part of this integrated water system comprising all water rights decreed and used for development and operation of the City of Colorado Springs’ municipal water supply system. Reasonable diligence in the development of one component of the system comprises reasonable diligence in the development of all components. B. Diligence Activities. 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. 1. Applicant owns and operates the municipal water supply system serving the City of Colorado Springs. The conditional water rights herein are a part of that municipal water supply system, which also comprises and includes other absolute and conditional water rights, and collection, storage, and diversion and delivery systems, including but not limited to the structures (and/or interests therein) described in paragraphs 3.E. and F. above. 2. During the diligence period, the Applicant has undertaken numerous projects and activities for the improvement and enlargement of its water supply and distribution systems in order to facilitate the completion of the appropriation of the conditionally decreed water rights that are the subject of this application, including, but not limited to: rehabilitation of the dam face of the Upper Blue Reservoir (Continental-Hoosier Diversion System); rehabilitation of the dam face and outlet works of Montgomery Reservoir(Continental-Hoosier Diversion System); pursuit of adjudication of a decree in Case No. 03CW320 (Water Division No. 5) for so-called “substitution operations” pursuant to the Blue River Decree (Consol. Cases No. 2782, 5016 and 5017); participation in negotiations regarding proposer administration of Green Mountain Reservoir pursuant to the Blue River Decree; pursuit of adjudication of a Colorado River-Blue River Exchange in Case No. 03CW314 (Water Division No. 5); design, environmental permitting, and initial construction of dam face and outlet works rehabilitation/maintenance of Homestake Reservoir (Homestake Project); adjudication of Case No. 95CW272 (Water Division No.5) for the so-called “Homestake II” Project and for Eagle River MOU joint use projects; environmental permitting, design, and initial construction activities on the Southern Delivery System major delivery system project; extensive participation in the Arkansas River Exchange Program; continued development of the Colorado Canal Reuse Program; participation as an objector in numerous water court applications, in Water Divisions 2 and 5, for the protection of the water rights and operations of the Colorado Springs Municipal Water Supply System. In addition, the Applicant has operated the decreed exchanges that are the subject of this application to divert and beneficially use additional amounts of water so as to make absolute additional incremental amounts of the decreed exchanges. 3. Applicant's total capital expenditures in connection with the activities described above on its integrated system during the period from March 1, 2002 through December 31, 2012 have exceeded $654,169,835.00. In addition to that amount, over $4,551,874.00 was expended on the

18

operation of the Arkansas River Exchange Program. 5. If claim to make absolute: The Applicant has operated the decreed exchanges that are the subject of this application to divert and beneficially use additional amounts of water beyond the amounts previously made absolute so as to make absolute additional incremental amounts of the decreed exchanges, as follows: A. Date water applied to beneficial use: Between May 31, 2002 and January 31, 2013 as documented in Exhibit A attached to the Application. (All exhibits mentioned herein are incorporated by reference and may be inspected at the office of the clerk of this Court.) 1. Amounts: As set forth in the Table below (2002-2013 Exchanges):

2002-2013 EXCHANGE

From To Remaining Conditional Amount

Total Amount Previously Made Absolute

Additional Amount Claimed Absolute

New Total Amount Claimed Absolute

Transmountain water:

Fountain Creek (from Wastewater Outfalls)

Pueblo Reservoir Twin Lakes Reservoir Fountain Valley Conduit Otero Pump Station South Slope System Turquoise Reservoir Clear Creek Reservoir Rosemont System

115.38 127.54 164.00 164.00 164.00 139.00 146.50 164.00

48.62 36.46 0.00 0.00 0.00 25.00 17.50 0.00

Fountain Creek (Terminal Storage Facilities)

Pueblo Reservoir Twin Lakes Reservoir Fountain Valley Conduit Otero Pump Station South Slope System Turquoise Reservoir Clear Creek Reservoir Rosemont System

1000.00 1000.00 1000.00 1000.00 1000.00 1000.00 1000.00 1000.00

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

11.49

11.49

Pueblo Reservoir Twin Lakes Reservoir Otero Pump Station South Slope System Turquoise Reservoir Clear Creek Reservoir Rosemont System

Flow** Flow** Flow** Flow** Flow** Flow**

765.95 20.80 66.59 125.00 50.00 15.75

9.46 8.09

76.05 23.84

Rosemont System Twin Lakes Reservoir Otero Pump Station South Slope System Turquoise Reservoir Clear Creek Reservoir

Flow** Flow** Flow** Flow** Flow**

0.00 0.00 0.00 0.00 0.00

10.18

10.18

19

From To Remaining Conditional Amount

Total Amount Previously Made Absolute

Additional Amount Claimed Absolute

New Total Amount Claimed Absolute

South Slope System Twin Lakes Reservoir Otero Pump Station South Slope System Turquoise Reservoir Clear Creek Reservoir Rosemont System

Flow** Flow** Flow** Flow** Flow** Flow**

0.00 0.00 0.00 0.00 0.00 0.00

Turquoise Reservoir

Twin Lakes Reservoir South Slope System Clear Creek Reservoir Rosemont System

Flow** Flow** Flow** Flow**

0.00 0.00 0.00 0.00

Twin Lakes Reservoir

Turquoise Reservoir South Slope System Clear Creek Reservoir Rosemont System

Flow** Flow** Flow** Flow**

0.00 0.00 23.90 0.00

100.00 100.00

Clear Creek Reservoir

Twin Lakes Reservoir Turquoise Reservoir South Slope System Clear Creek Reservoir Rosemont System

Flow** Flow** Flow** Flow** Flow**

30.00 0.00 0.00 0.00 0.00

ARKANSAS RIVER WATER:

Twin Lakes Reservoir

Turquoise Reservoir South Slope System Clear Creek Reservoir Rosemont System

Flow** Flow** Flow** Flow**

66.89 80.00 4.56 0.00

Sugar Loaf Reservoir

Twin Lakes Reservoir South Slope System Clear Creek Reservoir Rosemont System

Flow** Flow** Flow** Flow**

0.00 0.00 0.00 0.00

** The maximum rate of flow that would have been released from the receiving storage reservoir had no exchange been made and had no storage right junior to November 24, 1981, been exercised to store water in the receiving reservoir; except that Contract Exchanges have no rate of flow limitation and the Otero Pump Station is limited to its physical capacity. B. Uses: Municipal purposes within the Colorado Springs municipal water supply service area, including replacement/augmentation of evaporation on Colorado Springs Utilities Reservoirs. C. Description of place of use where water is applied to beneficial use: The service area of the Colorado Springs municipal water supply utility, and Colorado Springs Utilities Reservoirs. 6. Names and addresses of 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

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to the existing storage pool: A. City of Colorado Springs, Colorado Springs Utilities, c/o M. Patrick Wells, P.E., P.O. Box 1103, Mail Code 930, Colorado Springs, CO 80947-0930. (Las Vegas Street Wastewater Treatment Facility Outfall, South Slope System, Rosemont System) B. Air Force Academy, Attn: Real Estate Office, 8120 Edgerton Drive, Suite 40, USAF Academy, CO 80840. (Air Force Academy Wastewater Treatment Facility Outfall). C. United States of America, Department of Interior, Bureau of Reclamation, Eastern Colorado Area Office, 11056 W. County 18-E, Loveland, CO 80537. (Pueblo Reservoir; Twin Lakes Reservoir; Turquoise Reservoir; Fountain Valley Conduit). D. Board of Water Works of Pueblo, c/o Alan Hamel, P.O. Box 400, Pueblo, CO 81002-0400. (Clear Creek Reservoir). E. Homestake Partners (Cities of Colorado Springs and Aurora, acting through the Homestake Steering Committee), c/o Tom Vidmar, Superintendent, Otero Pump Station, 37200 North Highway 24, P.O. Box 1821, Buena Vista, CO 81211. (Otero Pump Station) 7. Remarks or other pertinent information: A. PLSS Descriptions. PLSS descriptions are included herein in compliance with Water Court forms. In the event of a discrepancy between the decreed location and the PLSS descriptions herein, the decreed location is controlling. Any person reading this application should rely on the terms of the decree in Case No. 84CW203 adjudicating the conditional water rights herein. WHEREFORE, Applicant requests (1) that a finding of reasonable diligence be entered, and the conditional water rights that are the subject of this application be continued in force; and (2) that the conditional water rights be made partially absolute in the additional amount set forth in Paragraph 5.A above. --------------------------------------------------------------------------------------------------------------------- THE WATER RIGHTS CLAIMED BY THE FOREGOING APPLICATION(S) MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT AND PROTEST WITHIN THE TIME PROVIDED BY STATUTE, OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or application as amended, may file with the Water Clerk 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 March 2013, (forms available at Clerk’s office or at www.courts.state.co.us, must be submitted in quadruplicate, after serving parties and attaching a certificate of mailing, filing fee $130.00). The foregoing are resumes and the entire application, amendments, exhibits, maps and any other attachments filed in each case may be examined in the office of the Clerk for Water Division No. 2, at the address shown below. ---------------------------------------------------------------------------------------------------------

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Witness my hand and the seal of this Court this 6th day of February, 2013.

________________________________ Mardell R. DiDomenico, Clerk District Court, Water Div. 2 Pueblo County Judicial Building 320 W. 10th Street Pueblo, CO 81003; (719) 583-7048 (Court seal) Published: February _____, 2013

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PRODUCED NONTRIBUTARY GROUND WATER NOTIFICATION LIST FOR WATER

DIVISION 2

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: Colorado Division of Water Resources, Kathryn Radke/Program Manager, 1313 Sherman Street, Room 818, Denver, CO 80203, Phone: (303) 866-3581, Fax: (303) 866-3589, e-mail: kathryn.radke@state.co.us, or sign up on the Division of Water Resources website under the “News & Notification” tab at: www.water.state.co.us