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July 2003

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DISTRICT COURT, WATER DIVISION 1, COLORADO JULY 2003 WATER RESUME TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of July, 2003 for each County affected. 03CW259 MEREDITH W. TYBURCZY, 2104 45th Ave, Greeley, CO 80634. Application for Underground Water Right, IN BOULDER COUNTY. Tyburczy Well Permit #251140, located in the NE1/4 SW1/4 S29 T3N, R72W, 2165’ from S section line and 1953’ from W section line. Source: Underground Depth: 500’ Appropriation: 5/20/1987 Amount claimed: 5 gpm Use: Household (4 pages + 2 attachments) 03CW260 HENRY H. HOSHIKO, JR., 15312 N. 107th St., Longmont, CO 80504. Application for Water Storage Right, IN BOULDER COUNTY. Hoshiko Pond, located in the NW1/4 SE1/4 S3, T3N, R69W, 556’ from S section line and 650’ from E section line to the center of pond. Source: Highland Ditch Appropriation: 1/3/2003 Amount claimed: 2.9 acre feet-conditional Use: Irrigation on 15 acres (4 pages) 03CW261 IDAHO CREEK, LLC, c/o Virginia Shaw, P.O. Box 1227, Longmont, Colorado 80502. C/O Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, CO, 80631, (970)356-9160. Application for Surface Water Rights, IN WELD COUNTY. Name of Structure: South Shaw Lake m 1. 2.1. Legal Description: In the E½ SW¼ and NW¼ SE¼, Section 29, T2N, R68W, 6th P.M., Weld County, Colorado; with an approximate center point 1800 feet from the South section line and 2050 feet from the West section line. 2.2 Name and capacity of ditches used to fill reservoir and legal descriptions of point of diversion. 2.2.1. Houck’s Ditch and Slough (also known as Hauck Ditch – decreed in Case No. W-1350). Capacity: 3.5 cfs. Point of Diversion: Houck’s Ditch and Slough is a drainage way beginning approximately in the SE¼ SE¼ Section 32, T2N, R68W, 6th P.M., Weld County, Colorado. The diversion point from Houck’s Slough into South Shaw Lake No.1 is located in the W½ SE¼ SW¼ of Section 29, T2N, R68W, immediately east of Weld County Road 3¼, approximately 400 feet north of the south line of Section 29. 2.2.2. Hauck Seepage Pipeline (decreed in Case No. W-1350). Capacity: 2.5 cfs. Point of Diversion: Hauck Seepage Pipeline outfalls in the NE¼ NW¼, Section 32, T2N, R68W, 6th P.M., Weld County, Colorado, immediately east of WCR 3¼ and approximately 345 feet south of the north section line of section 32. 2.2.3. Boulder and Weld County Ditch. Capacity: 59.4 cfs; capacity of lateral which will deliver water to South Shaw Lake No. 1 is approximately 5 cfs. Point of Diversion: Boulder and Weld County Ditch diverts from Boulder Creek in the NW ¼ of Section 15, T1N, R69W, approximately 1100 feet from the West section line and 1100 feet from the North section line of Section 15, T1N, R69W, 6th P.M., Boulder County, Colorado. 2.2.4. Shaw Drain No. 1. Capacity: 0.25 cfs. Shaw Drain No. 1 daylights in the SE¼ NW¼ Section 29, T2N, R68W, 6th P.M., Weld County, Colorado; approximately 2640 feet from the North section line and 1950 feet from the West section line. The clay tile of which the drain is composed crosses the South Shaw Lake No. 1. The drain tile will be broken when the lake is created during gravel mining. The drain will deliver water collected to South Shaw Lake No. 1. When not in priority, the water from the drain will either bypass the lake or will be pumped out of South Shaw Lake No. 1 and will return to Idaho Creek. 2.3. Source: Seepage, drainage, natural runoff, waste water and direct flows tributary to Boulder Creek. 2.4. Date of Appropriation: April 30, 1986. 2.5. How Appropriation Was Initiated: Exploration for storage and mining. 2.6. Amount Claimed: 426 a.f. storage; and amounts listed in ¶2.2.1. through ¶ 2.2.4., all conditional. 2.7. Use: Irrigation, fire protection,

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recreation, fish and wildlife, stock watering, industrial, commercial, mining, domestic, municipal, augmentation and exchange. Irrigation of 55 acres around the South Shaw Lake m 1, Middle Shaw Lake m2 and North Shaw Lake m 3 in the SE¼ Section 20 and the NW¼ NE¼, NE¼ NW¼, SE¼ NW¼, S½ NW¼, E½ SW¼,NW¼ SE¼ of Section 29 all in Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. 2.8. Surface Area at High Water Line: 35 acres. Lake is an excavation there is no dam. 2.9. Capacity of Reservoir: 426 a.f.; 0 a.f. dead storage. 2.10. Description of Project: All three lakes are gravel pits which will be excavated and will be made into a storage reservoir by the construction of a liner. During excavation of the pits all ground water will be pumped back to the river or will be augmented. 3. Name of Structure: Middle Shaw Lake m 2. 3.1. Legal Description: In the S½ NW¼, Section 29, T2N, R68W, 6th P.M., Weld County, Colorado; with an approximate center point 2200 feet from the North section line and 1350 feet from the West section line. 3.2. Name and capacity of ditches used to fill reservoir and legal descriptions of point of diversion. 3.2.1. Middle Shaw Lake No. 2 will be connected with North Shaw Lake No. 3 by a pipe. The filling sources will flow into Middle Shaw Lake No. 2 and then into North Shaw Lake No. 3 via the pipe. 3.2.2. Houck No. 2. Capacity: 7.16 c.f.s. Point of Diversion: Houck No. 2 diverts from Idaho Creek immediately after Idaho Creek diverts from Boulder Creek in the NW¼ SW¼ Section 29, T2N, R68W, Weld County, Colorado. 3.2.3. Shaw Drain No. 1. Capacity: 0.25 cfs. Point of Diversion: South Shaw Drain No. 1 daylights in the SE¼ NW¼ Section 29, T2N, R68W, 6th P.M., Weld County, Colorado, approximately 2640 feet from the North section line and 1950 feet from the West section line. Flows from this daylight point will be diverted into Middle Shaw Lake No. 2 and North Shaw Lake No. 3 by either conveying it over Idaho Creek or into Idaho Creek then through the Idaho Creek-Shaw Lakes Diversion Structure. 3.2.4. Idaho Creek – Shaw Lakes Diversion Structure. Capacity: 10 cfs. The point of diversion of the Idaho Creek - Shaw Lakes Diversion Structure will be on the relocated Idaho Creek in the SE ¼ of the NW¼, Section 29, T2N, R68W, 6th P.M., Weld County, Colorado, with the exact location determined after the relocation of Idaho Creek and the construction of the Shaw Lakes. 3.2.5. Houck’s Ditch and Slough (also known as Hauck Ditch in Case No. W-1350). Capacity: 3.5 cfs. Houck’s Ditch and Slough flows north along the east side of WCR 3¼ to a culvert which conveys the water below WCR 16½, then into Idaho Creek, then through the Idaho Creek – Shaw Lakes diversion structure into Middle Shaw Lake No.2 and North Shaw Lake No. 3; OR Houck’s Ditch and Slough can flow north along the east side of WCR 3¼ to WCR 16½, then east along the south side of WCR 16½ to the Shaw Drain No. 1 structure, then through the Shaw Drain No. 1 ditch either over Idaho Creek to Middle Shaw Lake No.2 and North Shaw Lake No.3, or into Idaho Creek to the Idaho Creek – Shaw Lakes Diversion Structure and into Middle Shaw Lake No.2 and North Shaw Lake No.3; OR Houck’s Ditch and Slough will be diverted into South Shaw Lake No.1 and delivered to Shaw Drain No. 1, then into Middle Shaw Lake No. 2 and North Shaw Lake No. 3 as described in ¶3.2.3. 3.2.6. Hauck Seepage Pipeline (decreed in Case No. W-1350). Capacity: 2.5 cfs. The water from Hauck Seepage Pipeline will utilize the same diversion structures described in ¶3.2.5. 3.3. Source: Seepage, drainage, natural runoff, waste water and direct flows tributary to Boulder Creek. 3.4. Date of Appropriation: April 30, 1986. 3.5. How Appropriation Was Initiated: Exploration for storage and mining. 3.6. Amount Claimed: 410 a.f. storage; and amounts listed in ¶3.2.1. through ¶ 3.2.6., all conditional. 3.7. Use: See ¶2.7. 3.8. Surface Area at High Water Line: 34.2 acres. Lake is an excavation there is no dam. 3.9. Capacity of Reservoir: 410 a.f.; 0 a.f. dead storage. 4. Name of Structure: North Shaw Lake m 3. 4.1. Legal Description: In the E½ NW¼ and the N½ NE¼, Section 29 and the SE¼ of Section 20, both in T2N, R68W, 6th P.M., Weld County, Colorado; with an approximate center point 150 feet from the North section line and 18-0 feet from the East section line. 4.2. Name and capacity of ditches used to fill reservoir and legal descriptions of point of diversion. Same as Middle Shaw Lake m 2 set out in ¶3.2. 4.3. Source: Seepage, drainage, natural runoff, waste water and direct flows tributary to Boulder Creek. 4.4. Date of Appropriation: April 30, 1986. 4.5. How Appropriation Was Initiated: Exploration for storage and

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mining. 4.6. Amount Claimed: 484 a.f. storage; and amounts listed in ¶3.2.1. through ¶ 3.2.6., all conditional. 4.7. Use: See ¶2.7. 4.8. Surface Area at High Water Line: 40.3 acres. Lake is an excavation there is no dam. 4.9. Capacity of Reservoir: 484 a.f.; 0 a.f. dead storage. 5. Names and Addresses of Owners of Land on Which Structures are Located: Applicant. 03CW262 BIJOU IRRIGATION COMPANY, 229 Prospect St., POB 972, Ft. Morgan, CO 80701. Michael D. Shimmin, Esq. Vranesh and Raisch, POB 871, Boulder, CO 80306 Application for Approval of Plan for Augmentation in MORGAN AND WELD COUNTIES 2.Name of structures: A:Bijou Canal

B: Landowner Recharge Ponds as listed and described in paragraph 3.B., below. 3. Legal description of point of diversion:

A: Water will be diverted from the South Platte River through the Bijou Canal. It is an existing ditch which diverts from the South side of the South Platte River in the NE 3 NE 3 of Section 13, T4N, R63W, 6th P.M., Weld County, Colorado.

B: Water diverted from the South Platte River will be delivered through the Bijou Canal and its laterals to several water storage and ground water recharge ponds, located and described as follows:

RECHARGE PONDS

POND

CAPACITY

SURFACE AREA

DAM HEIGHT

LOCATION

Jensen 1 105 acre ft. 17.5 acres 8 feet SE ¼ SW ¼ Sec. 17 & NW ¼ NE ¼ Sec. 20, T4N, R59W

Jensen 2 66 acre ft. 11.1 acres 8 feet NW ¼ SW ¼ Sec. 17, T4N, R59W Jensen 3 24 acre ft. 4 acres 8 feet NW ¼ SW ¼ Sec. 3, T3N, R58W Jensen 4 27 acre ft. 4.53 acres 8 feet SW ¼ SW ¼ Sec. 3, T3N, R58W Jensen 5 27.5 acre ft. 4.57 acres 8 feet SE ¼ SW ¼ Sec. 3, T3N, R58W Teague 1 30 acre ft. 5 acres 8 feet SE ¼ NE ¼ Sec. 35, T3N, R58W Teague 2 36 acre ft. 6 acres 8 feet SE ¼ SW ¼ Sec. 22, T3N, R58W Teague 3 24 acre ft. 4 acres 8 feet NW ¼ SW ¼ Sec. 21, T3N, R58W Teague 4 60 acre ft. 10 acres 8 feet NW ¼ NW ¼ Sec. 28, T3N, R58W Teague 5 30 acre ft. 5 acres 8 feet NE ¼ NW ¼ Sec. 28, T3N, R58W Teague 6 30 acre ft. 5 acres 8 feet SE ¼ SW ¼ Sec. 22, T3N, R58W Graff 1 120 acre ft. 20 acres 6 feet NW ¼ NE ¼ Sec. 8, T3N, R58W Graff 2 120 acre ft. 20 acres 6 feet NE ¼ NE ¼ Sec. 8, T3N, R58W JTG 1 16 acre ft. 4 acres 6 feet NE ¼ SE ¼ Sec. 32, T4N, R58W JTG 2 16 acre ft. 4 acres 6 feet NE ¼ SE ¼ Sec. 32, T4N, R58W JTG 3 16 acre ft. 4 acres 6 feet SW ¼ SE ¼ Sec. 32, T4N, R58W JTG 4 28 acre ft. 7 acres 6 feet SE ¼ SE ¼ Sec. 32, T4N, R58W

4. Source: South Platte River.

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5. Date and manner of initiation of appropriation: May 6, 2003, by adoption of Board Resolution stating intent to appropriate, by entering into agreements with landowners for the recharge sites, by posting signs, and by publishing notice of intent to appropriate in the Fort Morgan Times.

6. Amount claimed: 350 c.f.s., at the Bijou Canal Headgate, up to a total annual volume of 2,325 acre feet, conditional.

7. Use or proposed use: The primary use of water will be for recharge and augmentation purposes to replace depletions by wells located within the Bijou Irrigation Company=s service area, and other wells owned by individuals upon whose land the storage and recharge ponds will be constructed. Bijou Irrigation Company has entered into written agreements with all of said landowners which allocate the augmentation credits to be generated by the exercise of this water right. The primary use of Bijou=s share of this water will be for recharge and augmentation purposes to provide supplemental augmentation credits for use in Bijou=s previously decreed company augmentation plan, which is decreed in Case Nos. W-2704 and W-9172-78, Water Court for Water Division 1 (ABijou Plan@). A list of those wells is attached and incorporated as Exhibit A. The primary use of the landowners= share of this water will be to replace depletions caused by wells owned by those landowners. Those wells are listed in Exhibit B, attached and incorporated in this Application. An augmentation plan application including most of the wells listed in Exhibit B is being filed concurrently with this application. Because it is impossible to match the timing of water availability with the timing of depletions from wells, there may be excess credits generated beyond the needs of wells within the Bijou service area and those owned by the individual landowners. Any such excess credits may be used for general augmentation purposes outside of the Bijou Irrigation Company=s service area in accordance with the written agreements between Bijou and the landowners, in accordance with law, and subject to the approval of the State Engineer or Water Court.

8. Bijou Plan and calculation of augmentation credits: A: The Bijou Plan provides augmentation water to replace depletions resulting from the

consumptive use of water pumped from the approximately 200 wells shown on Exhibit A. Under previous decrees, augmentation water has been recharged to the aquifer at several individual recharge sites and through the Bijou Canal. The decree in Case Nos. W-2704 and W-9172-78 includes detailed accounting procedures for administering the Bijou Plan, which has been in operation for approximately 17 years. This operational experience has indicated that in certain dry years, additional augmentation credits will be needed to fully cover all of the wells under the Bijou system. In order to supplement its supply of augmentation credits, Bijou has entered into agreements with the individual landowners listed in this Application to construct additional recharge sites.

B: The existing Bijou Plan is operated pursuant to detailed terms and conditions contained

in the decree entered in Case Nos. W-2704 and W-9172-78. These operations include performing detailed calculations of stream depletions and accretions, and completing accounting forms which summarize these calculations and the augmentation operations. Bijou requests the right to incorporate the additional accretions from the ditch seepage losses and the recharge sites described in this Application into the existing accounting procedures so that the Bijou Plan and this plan will operate in a consistent and unified manner. The accounting procedures used in the Bijou Plan are summarized as follows: i. The owner or operator of each farm with wells included in the plan reports the

types and crops and number of acres irrigated by wells prior to May 1 of each year.

ii. The total irrigation water requirement for the lands irrigated by wells is determined on a monthly basis using the modified Blaney-Criddle method.

iii. The total surface water supply delivered to lands irrigated by wells is determined from records maintained by Bijou.

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iv. The consumptive use of ground water is calculated for each well as the difference between the total irrigation requirement and the portion of the total irrigation requirement satisfied by surface water.

v. The lagged effects of ground water consumption are determined using the Stream Depletion Factor (SDF) methodology developed by the U.S.G.S.

vi. The amount of recharge is determined by performing water balance calculations, including reductions for evaporation, for each recharge site and for each ditch reach.

vii. The lagged effects of recharge accretions are determined using the SDF methodology.

viii. The cumulative net effects on the South Platte River are determined as the difference between the lagged depletions due to consumption of ground water and the lagged accretions due to recharge.

C. Under this water right, augmentation accretions attributable to recharge at all of the new recharge sites described herein will be calculated using the accretion steps listed above and the SDF values for each recharge site, as listed below. The recharge sites are shown on the maps attached hereto as Exhibit C. Augmentation accretions attributable to seepage losses within the Bijou Canal and its laterals above the recharge sites will be calculated by canal reach using the same methodology and values currently used under the Bijou Plan. New canal reaches for lateral ditches not decreed in the Bijou Plan will use the SDF factors listed below. The accounting forms currently used for the Bijou Plan will be modified slightly to include the accretions attributable to diversion and recharge under this case. i. SDF values for recharge ponds:

RECHARGE PONDS

POND

SDF VALUE

Jensen 1 2180

Jensen 2 1880

Jensen 3 1570

Jensen 4 1880

Jensen 5 1840

Teague 1 6750

Teague 2 5800

Teague 3 5880

Teague 4 5880

Teague 5 5880

Teague 6 5150

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Graff 1 1760

Graff 2 1700

JTG 1 30

JTG 2 60

JTG 3 210

JTG 4 270

ii. SDF values for new lateral ditch reaches:

NO. 3 BIJOU LATERAL REACH FROM MAIN DITCH TO JENSEN HEADGATE IN SECTION 3, T3N, R58W

REACH LOCATION

SDF

1 NW ¼ NE ¼ Sec. 14, T3N, R59W to NE ¼ NE ¼ Sec. 14, T3N, R59W 4882 2 NE ¼ NE ¼ Sec. 14, T3N, R59W to SE ¼ SW ¼ Sec. 12, T3N, R59W 4320 3 SE ¼ SW ¼ Sec. 12, T3N, R59W to SW ¼ SE ¼ Sec. 7, T3N, R58W 3630 4 SW ¼ SE ¼ Sec. 7, T3N, R58W to Corner in SE ¼ SE ¼ Sec. 7, T3N,

R58W 3315

5 Corner in SE ¼ SE ¼ Sec. 7, T3N, R58W to SW ¼ NW ¼ Sec. 8, T3N, R58W

2048

6 SW ¼ NW ¼ Sec. 8, T3N, R58W to SW ¼ SW ¼ Sec. 3, T3N, R58W 1920

D. Pursuant to the written agreements between Bijou and the landowners, certain augmentation credits are allocated to Bijou, and certain credits are allocated to the landowners. All augmentation credits attributable to diversions under this case will be calculated using the methodologies described above, and then divided between Bijou and the landowners in accordance with those written agreements. The Bijou share of said credits will be used in the Bijou Plan or as excess credits as described above. The landowners share will be used by the landowners, as described in paragraph 7.

9. Name and address of owner of land on which points of diversion and place of use are located: A: The Bijou Canal headgate is located on land owned by the Bijou Irrigation Company. B: The storage and recharge ponds are located on lands owned by the following individuals,

all of whom have written agreements with the Bijou Irrigation Company which specifically contemplate the filing of this Application:

Ponds Owners

Jensen 1 – 5 Jensen Farms, Inc. c/o Larry Jensen 19192 MCR 14 Fort Morgan, CO 80701

Teague 1 – 6 Teague Enterprises, Inc. c/o Gary Teague

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15366 MCR O Fort Morgan, CO 80701 Teague 6 Eric F. Walek 14442 MCR 15 Fort Morgan, CO 80701

Graff 1 – 2 Randolph D. Graff Bethel A. Graff 18519 MCR 12 Fort Morgan, CO 80701

10. Remarks: It is the intent of this Application to adjudicate all elements necessary for the Bijou

Irrigation Company to utilize its share of augmentation credits resulting from the exercise of the water rights described above as a supplemental source of augmentation credits for its existing augmentation plan previously decreed in Case Nos. W-2704 and W-9172-78 or as excess credits. Bijou is not seeking any change or modification to its previous augmentation plan decrees. It is not the intent of this Application to adjudicate an augmentation plan to cover any wells not already included in the Bijou Plan. Use of the augmentation credits resulting from this case to cover any well not currently included in the Bijou Plan will be subject to the separate approval of the State Engineer or Water Court, and an augmentation plan application including the wells listed in Exhibit B is being filed concurrently with this application.

03CW263 JENSEN FARMS, INC. AND TEAGUE ENTERPRISES, INC., Michael D. Shimmin, Esq. Vranesh and Raisch, POB 871, Boulder, CO 80306 APPLICATION FOR UNDERGROUND WATER RIGHTS, IN WELD COUNTY AND MORGAN COUNTIES. 2. Name of wells and permit, registration, or denial numbers:

A: J-T Augmentation Well No. 1 (existing permit - Well No. 7744-F) Augmentation Well Permit Application Pending

B: J-T Augmentation Well No. 2 (existing permit - Well No. 1968-R-R) Augmentation Well Permit Application Pending

C: J-T Augmentation Well No. 3 (new augmentation well) Permit Application Pending D: J-T Augmentation Well No. 4 (new augmentation well) Permit Application Pending

3. Legal description of wells: A. J-T Augmentation Well No. 1 is located in the SW¼ SE ¼ of Section 17, Township 4

North, Range 59 West, 6th P.M., Morgan County, Colorado, approximately 640 feet from the South Section line and 2630 feet from the East Section line of said Section 17.

B. J-T Augmentation Well No. 2 is located in the SE ¼ SW ¼ of Section 5, Township 3 North, Range 58 West, 6th P.M., Morgan County, Colorado, approximately 20 feet from the South Section line and 2540 feet from the West Section line of said Section 5.

C: J-T Augmentation Well No. 3 is located in the NE ¼ NW ¼ of Section 8, Township 3 North, Range 58 West, 6th P.M., Morgan County, Colorado, approximately 1180 feet from the North section line and 2332 feet from the West section line of said Section 8.

D. J-T Augmentation Well No. 4 is located in the NW ¼ SE ¼ of Section 32, Township 4 North, Range 58 West, 6th P.M., Morgan County Colorado, approximately 2575 feet from the South section line and 1700 feet from the East section line of said Section 32.

4. Source: Ground water tributary to the South Platte River. Depth:

A. J-T Augmentation Well No. 1 is approximately 174 feet deep. B. J-T Augmentation Well No. 2 is approximately 195 feet deep.

C. J-T Augmentation Well No. 3 will be approximately 150 feet deep. D. J-T Augmentation Well No. 4 will be approximately 80 feet deep.

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5. Date and manner of initiation of appropriation: For all Augmentation Wells: The date of appropriation for the J-T Augmentation Wells in May 6,

2003, by filing well permit applications, by formation of a limited liability company for the purpose of constructing, repairing, maintaining and operating a water pipeline, by entering into agreements with landowners for well sites, by entering into agreements with the Bijou Irrigation Company Board of Directors (“Bijou”) for recharge sites, by adoption of a Bijou Board Resolution stating intent to appropriate, by posting signs, and by publishing notice of intent to appropriate in the Fort Morgan Times.

6. Amount claimed: A. J-T Augmentation Well No. 1: 1650 gpm; 2,640 acre feet annually, conditional B. J-T Augmentation Well No. 2: 1492 gpm; 2,387 acre feet annually, conditional C. J-T Augmentation Well No. 3: 2000 gpm; 3,226 acre feet annually, conditional D. J-T Augmentation Well No. 4: 3000 gpm; 4,839 acre feet annually, conditional 7. Use or proposed use: The primary use of water will be for recharge and augmentation

purposes to replace depletions pursuant to the Plan for Augmentation described below. There may be excess credits generated beyond the needs of the wells owned by Applicants. Any such excess credits may be used for general augmentation purposes in accordance with law, and subject to the approval of the State Engineer or Water Court.

8. Name and address of owner of land on which points of diversion and place of use are located:

The wells are located on land owned by: Wells Owners

J-T Augmentation Well No. 1 Jensen Farms, Inc.

c/o Larry Jensen 19192 MCR 14

Fort Morgan, CO 80701 J-T Augmentation Well No. 2 Jensen Farms, Inc.

c/o Larry Jensen 19192 MCR 14

Fort Morgan, CO 80701 J-T Augmentation Well No. 3 Randolph D. Graff Bethel A. Graff 18519 MCR 12 Fort Morgan, CO 80701 J-T Augmentation Well No. 4 JTG Pipeline, LLC 15366 Road O Fort Morgan, CO 80701

APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION 9. Name of structures to be augmented:

The structures to be augmented by this plan are irrigation, feedlot, and augmentation wells owned by the Applicants. The registration numbers and locations are listed in the tables below.

TEAGUE ENTERPRISES, INC. WELLS (FEEDLOT)

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WELL REGISTRATION

NUMBER

LOCATION

SDF

49010-A NW ¼ NW ¼ Section 27, T3N, R58W 675047438-A NW ¼ NE ¼ Section 27, T3N, R58W 572013742-F NE ¼ NW ¼ Section 27, T3N, R58W 588027012 NE ¼ NW ¼ Section 27, T3N, R58W 588022613-R-F NE ¼ NE ¼ Section 28, T3N, R58W 588016534-R-F NW ¼ NW ¼ Section 27, T3N, R58W 675013944-F NW ¼ NW ¼ Section 27, T3N, R58W 675028613 NW ¼ NW ¼ Section 27, T3N, R58W 675025782-R-F NW ¼ NE ¼ Section 28, T3N, R58W 588025783-R-F NW ¼ NE ¼ Section 28, T3N, R58W 588013945-F NE ¼ NE ¼ Section 28, T3N, R58W 588027011 NE ¼ NW ¼ Section 27, T3N, R58W 588019170-R-F NW ¼ NE ¼ Section 28, T3N, R58W 5880Non-Registered NE ¼ NE ¼ Section 28, T3N, R58W 588067535 NE ¼ NE ¼ Section 28, T3N, R58W 5880

JENSEN FARMS, INC. WELLS (IRRIGATION)

WELL REGISTRATION

NUMBER

LOCATION

SDF

4799-R-F NW ¼ SW ¼ Section 17, T4N, R59W 18000222 SE ¼ SE ¼ Section 17, T4N, R59W 18004087-F-R NW ¼ NE ¼ Section 20, T4N, R59W 23007687-F NE ¼ NE ¼ Section 25, T4N, R59W 22006984 NW ¼ NW ¼ Section 4, T3N, R58W 6004779-F-R Center of SW ¼ Section 16, T4N, R59W 17004754-F-R NE ¼ NW ¼ Section 16, T4N, R59W 14004791-F-R NE ¼ NW ¼ Section 21, T4N, R59W 2000

AUGMENTATION WELLS

WELL REGISTRATION

NUMBER

LOCATION

SDF

J-T Aug Well No. 1 Existing No. 7744-F

(aug. application filed)

SW ¼ SE ¼ Sec. 17, T4N, R59W 2020

J-T Aug Well No. 2 Existing No. 1968-R-R (aug. application filed)

SE ¼ SW ¼ Sec. 5, T3N, R58W 1960

J-T Aug Well No. 3 New well

(application filed)

NE ¼ NW ¼ Sec. 8, T3N, R58W 1920

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J-T Aug Well No. 4 New well

(application filed)

NW ¼ SE ¼ Sec. 32, T4N, R58W n/a*

*J-T Aug Well No. 4 will be operated as a recharge well and will only be pumped when it is in priority. 10. Previous decrees for water rights to be used for augmentation:

There are no previous decrees for the augmentation water rights. A portion of the water to be used for augmentation will come from the underground water rights for the augmentation wells described above in this application. In addition, a portion of the water to be used for augmentation will come from Applicants’ portion of the recharge credits described in an application being filed concurrently with this application by the Bijou Irrigation Company (“Bijou”). The recharge credits available to the Applicants will be determined according to the terms of the decree entered in that case and pursuant to the terms of written agreements between Applicants and Bijou. A. Augmentation Wells: Legal Description of Points of Diversion: The legal descriptions of the J-T Augmentation Well Nos. 1-4 is set forth in Paragraph 3 above. Water available from J-T Augmentation Well No. 4 will be delivered through a pipeline to several water storage and ground water recharge ponds, located and described as follows and shown on the maps attached as Exhibit A:

RECHARGE PONDS

POND

CAPACITY

SURFACE AREA

DAM HEIGHT

LOCATION

Graff 1 120 acre ft. 20 acres 6 feet NW ¼ NE ¼ Sec. 8, T3N, R58W Graff 2 120 acre ft. 20 acres 6 feet NE ¼ NE ¼ Sec. 8, T3N, R58W JTG 1

16 acre ft. 4 acres 6 feet NE ¼ SE ¼ Sec. 32, T4N, R58W

JTG 2


JTG 3

16 acre ft. 4 acres 6 feet SW ¼ SE ¼ Sec. 32, T4N, R58W

JTG 4 28 acre ft. 7 acres 6 feet SE ¼ SE ¼ Sec. 32, T4N, R58W Source: Ground water tributary to the South Platte River. Amount: See Paragraph 6 above for amounts claimed. Appropriation: May 6, 2003. Proposed Use: See Paragraph 7 above for the proposed use.

B. Bijou Recharge Credits: Legal Description of Points of Diversion: The Bijou application provides that water diverted from the South Platte River will be delivered through the Bijou Canal (the Bijou Canal diverts from the South side of the South Platte River in the NE 3 NE 3 of Section 13, T4N, R63W, 6th P.M., Weld County, Colorado) and its laterals to several water storage and ground water recharge ponds, located and described as follows and shown on the maps attached as Exhibit A:

RECHARGE PONDS

POND

CAPACITY

SURFACE AREA

DAM HEIGHT

LOCATION

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Jensen 1 105 acre ft. 17.5 acres 8 feet SE ¼ SW ¼ & NW ¼ NE ¼ Sec. 17, T4N, R59W

Jensen 2 66 acre ft. 11.1 acres 8 feet NW ¼ SW ¼ Sec. 17, T4N, R59W Jensen 3 24 acre ft. 4 acres 8 feet NW ¼ SW ¼ Sec. 3, T3N, R58W Jensen 4 27 acre ft. 4.53 acres 8 feet SW ¼ SW ¼ Sec. 3, T3N, R58W Jensen 5 27.5 acre ft. 4.57 acres 8 feet SE ¼ SW ¼ Sec. 3, T3N, R58W Teague 1 30 acre ft. 5 acres 8 feet NE ¼ SE ¼ Sec. 35, T3N, R58W Teague 2 36 acre ft. 6 acres 8 feet SE ¼ SW ¼ Sec. 22, T3N, R58W Teague 3 24 acre ft. 4 acres 8 feet NW ¼ SW ¼ Sec. 21, T3N, R58W Teague 4 60 acre ft. 10 acres 8 feet NW ¼ NW ¼ Sec. 28, T3N, R58W Teague 5 30 acre ft. 5 acres 8 feet NE ¼ NW ¼ Sec. 28, T3N, R58W Teague 6 30 acre ft. 5 acres 8 feet SE ¼ SW ¼ Sec. 22, T3N, R58W Graff 1 120 acre ft. 20 acres 6 feet NW ¼ NE ¼ Sec. 8, T3N, R58W Graff 2 120 acre ft. 20 acres 6 feet NE ¼ NE ¼ Sec. 8, T3N, R58W JTG 1


JTG 2


JTG 3

16 acre ft. 4 acres 6 feet SW ¼ SE ¼ Sec. 32, T4N, R58W

JTG 4 28 acre ft. 7 acres 6 feet SE ¼ SE ¼ Sec. 32, T4N, R58W Source: South Platte River. Amount: 350 c.f.s., at the Bijou Canal Headgate, up to a total annual volume of 2,325 acre feet, conditional. Appropriation: May 6, 2003. Proposed Use: Augmentation and recharge, pursuant to the Bijou Plan, this plan, and the written agreements between Applicants and Bijou.

11. Historic Use: The water rights that will be used for augmentation are new rights, and therefore have no historic use associated with them.

12. Plan for Augmentation: This augmentation plan provides for the calculation of stream depletions and the replacement of the out-of-priority stream depletions associated with the irrigation, feedlot, and augmentation wells identified in Paragraph 9 above. A. The stream depletion calculations will be done using the following methodologies:

For the irrigation uses: i. The owner or operator of each farm will report the types and

crops and number of acres to be irrigated by wells prior to May 1 of each year. ii. The total irrigation water requirement for the lands irrigated by

wells will be determined on a monthly basis using the modified Blaney-Criddle method.

iii. There are no surface water rights delivered to the irrigated lands covered by this augmentation plan, so the consumptive use of ground water will be calculated for each well as the total irrigation requirement determined using the modified Blaney-Criddle method.

iv. The lagged effects of ground water consumption will be determined using the Stream Depletion Factor (SDF) methodology developed by the U.S.G.S.

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For the feedlot uses: i. The anticipated number of cattle to be watered by the feedlot

wells will be reported prior to May 1 of each year. The total water requirement shall be calculated as the number of cattle multiplied by 10 gpd/head.

ii. The consumptive use will be 100% of the total water requirement for the feedlot.

iii. The lagged effects of ground water consumption will be determined using the Stream Depletion Factor (SDF) methodology developed by the U.S.G.S.

For the augmentation uses: For the augmentation wells, all pumping shall be considered to be 100% consumptive, and the lagged effects of ground water consumption will be determined using the Stream Depletion Factor (SDF) methodology developed by the U.S.G.S.

B. The replacement of out-of-priority deletions has three components: i. Recharge credits from Bijou Irrigation Company recharge: The Bijou credits are

described in an application being filed concurrently with this application. The recharge credits available to the Applicants will be determined according to the terms of the decree entered in that case and pursuant to the terms of written agreements between Applicants and Bijou.

ii. Recharge credits from diversions of water through J-T Augmentation Well No. When J-T Augmentation Well No. 4 is in priority, water will be pumped into the recharge ponds identified and described in Paragraph 10.A. above for additional recharge credits. The amount of recharge will be determined by performing water balance calculations, including reductions for evaporation, for each recharge site. The lagged effects of recharge accretions will be determined using the SDF methodology.

iii. Diversions of water through J-T Augmentation Well Nos. 1 – 3. Water pumped from J-T Augmentation Well Nos. 1 – 3 will be routed to the South Platte River through a pipeline. The pipeline discharges into the main channel of Bijou Creek at a location in the NW ¼ SE ¼, Section 32, Township 4 North, Range 58 West. This location is approximately two miles upstream of the confluence of Bijou Creek and the South Platte River.

The out-of-priority depletions from the irrigation, feedlot, and augmentation wells included in this plan will be replaced first from the Bijou Recharge Credits, then from recharge credits generated from the pumping of J-T Augmentation Well No. 4, and then from the pumping of J-T Augmentation Well Nos. 1-3. The cumulative net effects on the South Platte River will be determined as the difference between the lagged depletions due to consumption of ground water and the lagged accretions due to recharge combined with the augmentation well pumping.

13. Name and address of owner of land on which points of diversion and place of use are located:

A: The Bijou Canal headgate is located on land owned by the Bijou Irrigation Company, 229 Prospect Street, P.O. Box 972, Fort Morgan, CO 80701, Telephone: (970) 867-2222.

B: The wells and ponds are located on lands owned by the following individuals: Wells Owners

Teague Enterprises, Inc. Wells Teague Enterprises, Inc. c/o Gary Teague 15366 MCR O

Fort Morgan, CO 80701

Jensen Farms, Inc. Wells Jensen Farms, Inc.

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c/o Larry Jensen 19192 MCR 14 Fort Morgan, CO 80701 Augmentation Wells See Paragraph 8 above Ponds Owners

Jensen 1 – 5 Jensen Farms, Inc. c/o Larry Jensen 19192 MCR 14 Fort Morgan, CO 80701 Teague 1 – 6 Teague Enterprises, Inc.

c/o Gary Teague 15366 MCR O Fort Morgan, CO 80701 Teague 6 Erik F. Walek 14442 MCR 15 Fort Morgan, CO 80701

Graff 1 – 2 Randolph D. Graff Bethel A. Graff 18519 MCR 12 Fort Morgan, CO 80701 JTG 1 – 4 JTG Pipeline, LLC 15366 Road O Fort Morgan, CO 80701

03CW264 – WEAVER RANCH, INC. – Protest to Abandonment List. Menter Well RF1185, IN WELD COUNTY. 03CW265 REED HOLLOW RANCH LPA, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY SOURCES, IN THE NOT NONTRIBUTARY UPPER DAWSON AQUIFER, IN DOUGLAS COUNTY. 1. Name, Address, Telephone Number of Applicant: Reed Hollow Ranch LPA, 441 Russellville Road, Franktown, Colorado 80116 (303) 520-9124 (Frederick A. Fendel, III, Petrock & Fendel, P.C., 700 17th Street, #1800, Denver, Colorado 80202 (303) 534-0702). 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 1014.7 acres of land located in parts of Sections 11, 12, 13, 14, and 24, T8S, R66W of the 6th P.M., as more particularly described and shown on Attachment A hereto. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property subject to Section 37-90-137(4), C.R.S. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Upper Dawson aquifer is not nontributary as described in 37-90-137(9)(c), C.R.S. 5. Estimated Amount: The estimated average annual amount of withdrawal available from the Upper Dawson aquifer is based on the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicant estimates that based on an average saturated thickness of 150 feet, there is approximately 304 acre-feet per year underlying the Subject Property: The average annual amount available for withdrawal from the subject aquifer will depend on the hydrogeology and the legal entitlement of the Applicant and represents a claim to all Upper Dawson aquifer groundwater underlying the Subject Property. Applicant will reserve part of the water for use through exempt wells located on the Subject Property pursuant to Section 37-92-602, C.R.S. 6. Well Fields: Applicant requests that this Court determine that Applicant has the right to withdraw all of the

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legally available Upper Dawson aquifer groundwater lying below the Subject Property, through the wells requested herein and any additional wells which may be completed in the future as Applicant's well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: The water will be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fire protection and fish and wildlife. Said water will be produced for immediate application to said uses, both on and off the Subject Property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Remarks: A. Applicant claims the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimated the amounts of water available for withdrawal from the subject aquifer based on estimates of relative values for specific yield and saturated thickness, Applicant requests the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. WHEREFORE, Applicant prays that this Court enter a Decree: 10. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 11. Specifically determining that: A. Applicant has complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near the Subject Property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Upper Dawson aquifer is not nontributary and that water will not be withdrawn until a plan for augmentation is approved by the Court in a separate water court case; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater proposed herein and no findings of diligence are required to maintain these water rights. FURTHER, Applicant prays that this Court grant such other relief as seems proper in the premises. 2003CW266 - SHEA HOMES LIMITED PARTNERSHIP AND HIGHLANDS RANCH DEVELOPMENT CORPORATION, 9135 S. Ridgeline Boulevard, Suite 100, Highlands Ranch, Colorado 80129, AND CENTENNIAL WATER AND SANITATION DISTRICT, 62 W. Plaza Drive, Highlands Ranch, Colorado 80129 [c/o Veronica A. Sperling and Richard J. Mehren, Moses, Wittemyer, Harrison and Woodruff, P.C., P.O. Box 1440, Boulder, Colorado 80306.] Application for Finding of Reasonable Diligence, in Douglas County. 2. Names of structures: Highlands Ranch Reservoir No. 12; Highlands Ranch Reservoir No. 11, Highlands Ranch Reservoir No. 10, Highlands Ranch Reservoir No. 8, Highlands Ranch Reservoir No. 7, Highlands Ranch Reservoir No. 6. 3. Description of conditional water right for each structure: Highlands Ranch Reservoir No. 12: Originally decreed in Case No. 79CW319, Water Division No. 1, on December 2, 1981, and diligence decrees entered in Case No. 85CW288, Water Division No. 1, on June 17, 1986, in Case No. 89CW168, Water Division No. 1, on May 30, 1990, and in Case No. 96CW124, Water Division No. 1, on July 7, 1997. Legal description: In the NW1/4 of Section 28 and E1/2 of Section 29, T6S, R67W of the 6th P.M., Douglas County, commencing at the NE corner of said Section 29 and assuming the East line of said Section 29 to be North; thence South 51Ε30'00" West 700 feet to the point of beginning; thence South 81Ε45'00" East 1500 feet. Outlet located South 81Ε45'00" East 600 feet from the point of beginning. Source: Big Dry Creek. Appropriation date: May 30, 1979. Amount of water: 4190 acre-feet, CONDITIONAL. Use: Domestic, municipal, industrial, irrigation, stockwatering, recreation, fish and wildlife propagation, and augmentation, including exchange. The dam is to be 100 feet high, 1500 feet long, with a total capacity of 4190 acre-feet, active capacity of 4000 acre-feet and dead storage of 190 acre-feet. Highlands Ranch Reservoir No. 11: Originally decreed in Case No. 79CW320, Water Division No. 1, on December 2, 1981, and diligence decrees entered in Case No. 85CW289, Water Division No. 1, on June 17, 1986, in Case No. 89CW168, Water Division No. 1, on May 30, 1990, and in Case No. 96CW124, Water Division No. 1, on July 7, 1997. Legal description: In the S1/2 of Section 22 and N1/2 of Section 27, T6S, R68W of the 6th P.M., Douglas County, commencing at

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the SW corner of said Section 22 and assuming the West line of said Section 22 to be North; thence North 67Ε00'00" East 880 feet to the point of beginning; thence South 62Ε30'00" East 1500 feet. Outlet located South 62Ε30'00" East 750 feet from the point of beginning. Source: Pollock Gulch. Appropriation date: May 30, 1979. Amount of water: 2540 acre-feet, CONDITIONAL. Use: Domestic, municipal, industrial, irrigation, stockwatering, recreation, fish and wildlife propagation, and augmentation, including exchange. The dam is to be 85 feet high, 1500 feet long, with a total capacity of 2540 acre-feet, active capacity of 2300 acre-feet and dead storage of 240 acre-feet. Highlands Ranch Reservoir No. 10: Originally decreed in Case No. 79CW321, Water Division No. 1, on December 2, 1981, and diligence decrees entered in Case No. 85CW290, Water Division No. 1, on June 17, 1986, in Case No. 89CW168, Water Division No. 1, on May 30, 1990, and in Case No. 96CW124, Water Division No. 1, on July 7, 1997. Legal description: In the SE1/4 of Section 2, T7S, R68W of the 6th P.M., Douglas County, commencing at the NE corner of said Section 2 and assuming the East line of said Section 2 to be North; thence South 29Ε21'30" West 2940 feet to the point of beginning; thence South 43Ε17'00" West 1044 feet along dam to location of outlet; thence South 14Ε56'50" West 1164 feet. Source: Sand Creek. Appropriation date: May 30, 1979. Amount of water: 4530 acre-feet, CONDITIONAL. Use: Domestic, municipal, industrial, irrigation, stockwatering, recreation, fish and wildlife propagation, and augmentation, including exchange. The dam is to be 100 feet high, 2208 feet long, with a total capacity of 4530 acre-feet, active capacity of 4000 acre-feet and dead storage of 530 acre-feet. Highlands Ranch Reservoir No. 8: Originally decreed in Case No. 79CW323, Water Division No. 1, on December 2, 1981, and diligence decrees entered in Case No. 85CW292, Water Division No. 1, on June 17, 1986, in Case No. 89CW168, Water Division No. 1, on May 30, 1990, and in Case No. 96CW124, Water Division No. 1, on July 7, 1997. Legal description: In the SW1/4 of Section 25, SE1/4 of Section 26, NE1/4 of Section 35 and NW1/4 of Section 36, T6S, R68W of the 6th P.M., Douglas County, commencing at the NE corner of said Section 35 and assuming the East line of said Section 35 to be North; thence South 69Ε00'00" West 1190 feet to the point of beginning; thence North 04Ε30'00" East 1750 feet. Outlet located North 04Ε30'00" East 500 feet from the point of beginning. Source: Beeman Creek. Appropriation date: May 30, 1979. Amount of water: 4000 acre-feet, CONDITIONAL. Use: Domestic, municipal, industrial, irrigation, stockwatering, recreation, fish and wildlife propagation, and augmentation, including exchange. The dam is to be 90 feet high, 1750 feet long, with a total capacity of 4000 acre-feet, active capacity of 3600 acre-feet and dead storage of 400 acre-feet. Highlands Ranch Reservoir No. 7: Originally decreed in Case No. 79CW324, Water Division No. 1, on December 2, 1981, and diligence decrees entered in Case No. 85CW293, Water Division No. 1, on June 17, 1986, in Case No. 89CW168, Water Division No. 1, on May 30, 1990, and in Case No. 96CW124, Water Division No. 1, on July 7, 1997. Legal description: In the SW1/4 of Section 25 and SE1/4 of Section 26, T6S, R68W of the 6th P.M., Douglas County, commencing at the SW corner of said Section 25 and assuming the West line of said Section 25 to be North; thence North 25Ε38'30" East 690 feet to the point of beginning; thence North 25Ε11'30" West 1175 feet. Outlet located North 25Ε11'30" West 300 feet from the point of beginning. Source: Beeman Creek. Appropriation date: May 30, 1979. Amount of water: 2073 acre-feet, CONDITIONAL. Use: Domestic, municipal, industrial, irrigation, stockwatering, recreation, fish and wildlife propagation, and augmentation, including exchange. The dam is to be 75 feet high, 1175 feet long, with a total capacity of 2073 acre-feet, active capacity of 1900 acre-feet and dead storage of 173 acre-feet. Highlands Ranch Reservoir No. 6: Originally decreed in Case No. 79CW325, Water Division No. 1, on December 2, 1981, and diligence decrees entered in Case No. 85CW294, Water Division No. 1, on June 17, 1986, in Case No. 89CW168, Water Division No. 1, on May 30, 1990, and in Case No. 96CW124, Water Division No. 1, on July 7, 1997. Legal description: In the SW1/4 of Section 1, T7S, R68W of the 6th P.M., Douglas County, commencing at the NW corner of said Section 1; thence South 2500 feet along the West line of said Section 1 to the point of beginning; thence South 1500 feet. Outlet located South 750 feet from the point of beginning. Source: Sand Creek. Appropriation date: May 30, 1979. Amount of water: 2350 acre-feet, CONDITIONAL. Use: Domestic, municipal, industrial, irrigation, stockwatering, recreation, fish and wildlife propagation, and augmentation, including exchange. The dam is to be 70 feet high, 1500 feet long, with a total capacity of 2350 acre-feet, active capacity of 2000 acre-feet and dead storage of 350 acre-feet. 4. Detailed outline of what has been done toward completion or for completion of the

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appropriation and application of water to beneficial use as conditionally decreed, including expenditures: The conditional water rights for Highlands Ranch Reservoir Nos. 6, 7, 8, 10, 11, and 12 are part of the unified water supply system for Highlands Ranch. See paragraph 3.6 of the decree in Case No. 85CW415, District Court, Water Division No. 1. Highlands Ranch is a development consisting of approximately 22,000 acres in Douglas County. Proposed development on Highlands Ranch is expected to occur over a long period of time and development of water resources on Highlands Ranch will be controlled by the rate at which residential, commercial, and industrial development on Highlands Ranch occurs. Centennial has the responsibility of providing a municipal water supply to Highlands Ranch. During the diligence period, the following work has been performed and the following expenditures have been made to develop the conditional water rights for Highlands Ranch Reservoir Nos. 6, 7, 8, 10, 11 and 12: A. Internal Centennial Facilities Planning: During the diligence period, Centennial has included the Highlands Ranch reservoirs in its periodic updates to its annual water supply for utilities planning activities. B. Regional Water Facility Studies: Throughout the diligence period Centennial has participated in regional planning processes with other water providers in Douglas and Arapahoe counties that has analyzed the possible construction and use of one or more of the Highlands Ranch reservoirs. The Phase I report of the Southern Regional Action Study prepared by Hydrosphere Resources Consultants in November 1997 specifically analyzed the use of Highlands Ranch Reservoir No. 10. This study process, which became known as the South Metro Study in October, 1999, continues to evaluate water supply and facilities alternatives, including the Highlands Ranch reservoir sites, for the south metro area. The study is anticipated to be completed in the fall of 2003. Centennial has contributed $225,000 to this study effort through June 2003. C. Open Space Conservation Area Process: The area where all six of the reservoirs are located is known as the Open Space Conservation Area (OSCA). This area, comprising 8,200 acres, was identified in a zoning action by the Douglas County commissioners (DCC) in 1988. The OSCA land received extensive planning activities during the diligence period as part of the development of an OSCA area plan that specified allowable land uses in the OSCA area. The OSCA land use plan was approved by the DCC in June 2000. Applicants continuously participated in this process, which continued through June, 2003, to assure the continued ability to construct and operate the Highlands Ranch reservoirs. D. 2003 Water Storage Alternatives Study: From April to June 2003, Centennial participated in a separate pre-feasibility engineering investigation conducted by Tetra Tech RMC in conjunction with the Douglas County Water Resource Authority (of which Centennial is a member) to investigate alternative water storage reservoir sites in the south metro area. Highlands Ranch Reservoir No. 11 was specifically included in this $45,000 study. E. System Wide Developments: During the diligence period, Centennial engaged in the following additional efforts to develop its municipal water and wastewater systems, during the times and at the approximate costs indicated: Denver Basin Wells, 1997-2003, $9,568,000; Wastewater Treatment Plant, 1998-2001, $1,568,000; Water Treatment Plant, 1998-2001, $6,716,000; Water and Wastewater Pipelines, 1997-2003, $14,054,000; Potable Water Pump Stations, 1997-2003, $1,332,000; Potable Water Storage, 1997-2003, $1,496,000; South Platte Reservoir, 1997-2003, $12,905,000; Raw Water Pump Stations, 1997-2003, $9,291,000; South Platte Reservoir Pipeline, 1997-2003, $3,527,000; Total: $60,457,000. F. Water Rights Protection: Applicants have incurred additional engineering and legal expenses during the diligence period participating as objectors in various Water Court cases to protect the water rights for the Highlands Ranch water supply system from injury, including the subject conditional water rights for the Highlands Ranch Reservoirs. 5. If claim to make absolute – water applied to beneficial uses: Not applicable. 6. Name(s) and address(es) of owner(s) of land on which structures are or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Sand Creek Cattle Company, a Colorado corporation, and Applicant Shea, which are under common ownership and control, are the owners of the land on which the structures are or will be located and upon which water is or will be stored. Water will be placed to beneficial use within Centennial’s service area including, but not limited to, Highlands Ranch and other locations in the South Platte River basin. It is not practical to identify the names and addresses of the owners of all such property. WHEREFORE, applicants request the Court to enter a decree determining that reasonable diligence has been shown toward the completion of the appropriation for the conditional water rights for Highlands Ranch Reservoir Nos. 6, 7, 8, 10, 11, and 12

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and continuing the conditional water rights for these reservoirs in full force and effect for an additional an additional diligence period. 03CW267 NORMAN F. MEYER, NORMAN F. MEYER, II, AND HUNT PROPERTIES, INC., APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN JEFFERSON COUNTY. 1. Name, address and telephone number of Applicants: Norman F. Meyer and Norman F. Meyer, II, 9345 Highway 285, Conifer, Colorado 80433 (303) 697-4133, and Hunt Properties, Inc., 8235 Douglas Ave., Suite 1300, Dallas, Texas 75225 (214) 360-9600 (Frederick A. Fendel, III, Esq., Petrock & Fendel, P.C., 700 Seventeenth Street, Suite 1800, Denver, CO 80202 (0303) 534-0702). 1. Decree information: Decreed on July 28, 1997, in Case No. 95CW291, District Court, Water Division 1. 2. Description of Conditional Right. The conditional right of exchange is decreed for a maximum rate of flow of 1 cfs to the extent of 1 acre-foot per year. The exchange provides augmentation water for operation of up to 11 wells for residential and commercial uses, including irrigation and stockwatering, to be located in part of the E1/2 of Section 12, T6S, R71W, as shown on Attachment A. The wells withdraw water tributary to South Turkey Creek. The conditional exchange augments and replaces stream depletions which occur as a result of water use through the wells, by foregoing diversions of water rights in the Mountain Mutual Reservoir Company (MMRC), including water rights in Warrior Ditch and Harriman Ditch. Additionally, water previously stored in the Soda Lakes Reservoir Nos. 1 and 2, Spinney Mountain Reservoir, Woodside Reservoir and Lower Sacramento Creek Reservoir No. 1 will be released to the stream system. The water is to be delivered by exchange to the point where depletions from the subject wells impact the flow of water in South Turkey Creek to the Meyer Pond, which is located in the NE1/4 of Section 12, T6S, R71W of the 6th P.M. The reach of the exchange extends from the confluence of Bear Creek and the South Platte River; thence up Bear Creek to its confluence with Turkey Creek in the NW1/4 of Section 5, T5S, R69W; up Turkey Creek to the confluence with South Turkey Creek in the NW1/4 of Section 27, T5S, R70W; and up South Turkey Creek to the Meyer Pond located in the NE1/4 of Section 12, T6S, R71W, all of the 6th P.M. The conditional exchange has a priority date of March 22, 1995, and utilizes water of MMRC, including the following: A. Harriman Ditch, located on the south bank of Bear Creek in the NE1/4 of Section 2, T5S, R70W, and the south bank of Turkey Creek near the SW corner of Section 6, T5S, R69W. B. Warrior Ditch, located at the same headgates as the Harriman Ditch. C. Soda lakes Reservoir Nos. 1 and 2, located in Section 1, T5S, R70W. D. Spinney Mountain Reservoir, located at a point whence the SW corner of Section 36, T12S, R74W, bears S23°26’W, a distance of 8314.3 feet. E. Woodside Reservoir, to be located in the SW1/4 of Section 26, T6S, R72W. F. Lower Sacramento Creek Reservoir No. 1, located in the NW1/4 of Section 32 and SW1/4 of Section 29, T9S, R77W. 3. During this diligence period, in continuing the development of the conditional water rights, Applicants and other parties have been engaged in the legal defense and protection of said water rights and have been diligent in the continued use and development of the water rights involved, including expenditures for legal, consulting, and engineering work. As well, Applicants are the owners of several other conditional water rights and all of Applicants’ conditional water rights are part of an integrated and unified water supply system, and diligence activities associated with any individual conditional water right is diligence on the entire unified water system. During this diligence period, Applicants have continued development of (1) property on which the water will be put to beneficial use, and (2) the conditional water rights which are the subject of this application. The following summarizes said activity: A. The land on which the water will be used will be developed into a commercial and residential development. Applicants are also owners of a similar water supply plan in Case No. 94CW276 to provide a water supply for commercial use on an adjacent parcel of land, and the two decrees will basically be operated in conjunction. In Case No. 99CW14, the original decree in Case No. 94CW276 was revised to include the ability to irrigate part of the development in addition to providing a commercial water supply. B. A well to serve the commercial development (Well No. 3) was constructed and pumped on January 5, 1999, under MH-35393. The cost of constructing the well and installing the pump was approximately $6785.00. The well is currently operated under Well Permit No. 56053-F. C. Applicant Norman F. Meyer and Norman F. Meyer, II, have been the owners of the property on which the 11 wells will be used pursuant to the conditional exchange herein since the date of decree. Hunt Properties, Inc., contracted to purchase the property at the end of

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2000 and is the current developer of the commercial portion of the property. D. Since the end of 2000, Hunt Properties, Inc., has expended approximately $250,000.00 in planning, engineering, and other activities related to the development of the property and associated use of the conditional water rights. Such work and associated studies have included employment of land surveyors, legal counsel (including water, real estate, and special district), civil engineers, geo-technical consultants, and architects, among others. During this period Hunt Properties, Inc. has completed the design of a wastewater facility to serve the property and is continuing in the permitting process for said facility, received approval from the county for formation of a metropolitan district which will be responsible for operation of the augmentation plans and treatment plant which will serve the property, and received approvals for ingress and egress to the property by the Colorado Department of Transportation. As well, Hunt Properties, Inc. has been successful in obtaining an anchor tenant for the commercial development. These and other activities are necessary in order to put the conditional water rights to beneficial use. E. Each month during the diligence period, legal counsel for Applicants or other parties with an interest in the property or water rights, have reviewed the resume of applications as published by the Water Clerk for Water Division 1 and advised Applicants or the other parties whether Statements of Opposition need to be filed to protect the water rights. F. This application contains a summary of areas of activity undertaken in pursuance of the water rights and other activities may be presented. WHEREFORE, Applicants, Norman F. Meyer, Norman F. Meyer, II, and Hunt Properties, Inc., pray that this Court enter a decree finding that Applicants have exercised reasonable diligence in the development of the conditional water rights, continuing the conditional water rights in full force as decreed, and for such other and further relief as this Court deems just and proper. 03CW268 NORTHERN COLORADO WATER ASSOCIATION, P.O. Box 415, Wellington, Colorado 80549, APPLICATION FOR UNDERGROUND WATER RIGHT AND APPROVAL OF PLAN FOR AUGMENTATION, IN LARIMER AND WELD COUNTIES. All future correspondence and pleadings to: William R. Fischer, Esq., Fischer, Brown & Gunn, P.C., P.O. Box Q, Fort Collins, CO 80522. The Northern Colorado Water Association may be referred to hereafter as “NCWA” or “Applicant”. B. Application for Underground Water Right. 1. Name of well and permit, registration or denial numbers: Northern Colorado Water Association East Well (“NCWA East Well”). Permit to be applied for. 2. NCWA East Well is located in the SE ¼ of the NW ¼, Section 24, Township 11 North, Range 68 West of the 6th P.M. in Larimer County, Colorado. 3. Source: Groundwater. Depth: Approximately 48 feet. 4. Date of Appropriation: January 16, 2003. How appropriation was initiated: Drilling test well. 5. Amount Claimed: 600 g.p.m conditional. 6. Proposed use: Domestic and municipal purposes, including, without limitation, irrigation (including lawns and gardens), industrial, commercial, livestock, domestic, fire protection, sewage treatment by current or future members of the NCWA. A description of the NCWA and its members is contained in the following application for approval of plan for augmentation. 7. The NCWA East Well is located on lands owned by NCWA, address and telephone number provided above. C. Application for Approval of Plan for Augmentation. : A.) NCWA Well 1-04862-F (hereinafter “NCWA Well 1”) [Well Permit No. 04862-F]: Appropriation date: August 10, 1964; Amount: .95 c.f.s.; Use: municipal and domestic; Legal description of structure: In the SE ¼ of Section 14, Township 11 North, Range 68 West of the 6th P.M., Larimer County, Colorado, whence the SE section corner bears N 17 degrees 45 minutes W a distance of 1616 feet; Source of water: Groundwater. Decreed on February 13, 1974 in Case No. W-3626, District Court, Water Division 1, Colorado. B.) NCWA Well 2-13429-F (hereinafter “NCWA Well 2”) [Well Permit No. 13429-F-R]: Appropriation date: May 9, 1969; Amount: .80 c.f.s.; Use: municipal and domestic; Legal description of structure: In the SE ¼ of Section 14, Township 11 North, Range 68 West of the 6th P.M., Larimer County, Colorado, whence the SE section corner bears N 23 degrees 35 minutes W a distance of 1467 feet; Source of water: Groundwater. Decreed on February 13, 1974 in Case No. W-3626, District Court, Water Division 1, Colorado. (Pursuant to permit 13429-F-R this well was re-drilled at the following location, being less than 200 feet from its decreed location: Located in the SE ¼ of the SE ¼ of Section 14, Township 11 North, Range 68 West of the 6th P.M., Larimer County, Colorado, approximately 1,260 feet from the South section line and 550 feet from the East Section line.) C.) Northern Colorado Water Association East Well (hereinafter “NCWA East Well”). This well is the subject of the application for an underground water right (see paragraph B., incorporated herein by

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reference). 2. Source of augmentation water: The East Larimer County Water District (“ELCO”), North Weld County Water District (“North Weld”) and Fort Collins-Loveland Water District (collectively the “Tri-Districts”) or any of them own or lease waters which are foreign to and imported into the Cache La Poudre River basin (“foreign water”). The source of augmentation water will be foreign waters (by first use, successive use or reuse) owned or leased by the Tri-Districts, or any of them, which are leased, traded or purchased by the Applicant, or delivered for the benefit of Applicant pursuant to agreement or contract (but excluding waters which are a part of the Colorado-Big Thompson Project (“Project water”) and water from “Coffin Wells”). The Applicant also requests the right to use as augmentation water any other waters which are decreed as fully consumable which are owned or leased by the Tri-Districts, any of them, NCWA or others to which NCWA has the right to use, reuse, or successively use by ownership, contract, lease or otherwise (however and in any event, Project water and water from “Coffin Wells” will not be used in any manner). 3. Statement of Plan for Augmentation: NCWA is a Colorado non-profit corporation, organized and existing to serve potable water to its members. NCWA was originally incorporated in 1962, primarily to provide a source of potable water to rural residents of northern Larimer County. The majority of the potable water provided by the NCWA to its members is received pursuant to contracts with ELCO and North Weld. The remainder of the potable water supplied to the members of NCWA is diverted from NCWA Well 1 and NCWA Well 2. These wells are located in the northern part of Larimer County, about five miles south of the Wyoming border and one mile west of the Weld County line. Recognizing a need to establish a back-up and supplemental source of water in case of outages or failure of NCWA Well 1 or NCWA Well 2, and for additional water for its current members and as a water supply for future members, NCWA desires to also divert and provide its current and future members with potable water from the NCWA East Well, which is located about one mile to the southeast of NCWA Wells 1 and 2. NCWA Well 1, NCWA Well 2 and NCWA East Well are located approximately 40 miles from the South Platte River. Diversion from NCWA Well 1, NCWA Well 2 and NCWA East Well (collectively the “wells”) may cause out of priority depletions to the South Platte River or its tributaries. The purpose of this plan is to provide for replacement of such to the extent necessary to prevent material injury to senior vested water rights. NCWA will make replacement of depletions that cause material injury to senior vested water rights from the sources identified in paragraph C.2. NCWA proposes the following: The wells are located approximately 40 miles from the South Platte River. The depletions for the wells are lagged to the South Platte River, and are to be determined using the SDF, or Stream Depletion Factor, method. Using this method, the SDF for the wells is approximately 444,950 days. If it is assumed that no credit for return flows occurs, utilizing a Glover analysis the depletions to the South Platte River are approximately 1.35 percent of the gross pumping after simulating pumping for 100 years. The metering devices on the wells will allow for the actual substitute water accounting and will be the basis for the releases made to meet augmentation requirements, as calculated by the stream depletion analysis. The actual replacement obligations for the stream depletions will be calculated by multiplying the actual previous month’s pumping volumes of the three wells by 1.35 percent, increased by appropriate river carriage losses (but subject to paragraph C.3.c., below). a. Replacement requirements will be assumed to have reached a uniform monthly volume due to the vast distance to the South Platte River. b. NCWA reserves the right to take credit for return flows. A determination acceptable to the Court may be made as to the location, amounts and timing of pumped water that returns to river. Deep percolation return flow times may be estimated using SDF’s. c. Replacements will be based on the above, and made to appropriate South Platte River locations to prevent material injury. Replacements will be made during the month following diversions during the previous month or once per year in the discretion of the Division Engineer, or as otherwise allowed by the Court. d. NCWA will provide appropriate reports and accountings as required by the Division Engineer. 4. Name and address of owners of the land on which the structures are located: Each of the wells is located on land owned by NCWA, address and telephone number provided above. 5. NCWA requests approval of this plan for augmentation. Applicant reserves the right to operate the wells pursuant to C.R.S. 37-92-308 or any amendments thereto.

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03CW269 MOUNT CARBON METROPOLITAN DISTRICT, Carrie L. Ciliberto, Esq. Ciliberto & Associates, LLC, 1660 Lincoln Street, Suite 1700, Denver, CO 80264. Application for Finding of Reasonable Diligence, IN DOUGLAS AND JEFFERSON COUNTIES. 2. Name of structure: Chatfield Reservoir.

3. Describe conditional water right (as to each structure) giving the following from the Referee’s Ruling and Judgment and Decree: a. Date of the original decree: April 14, 1988, Case No. 85CW463, District Court, Water Division 1. b. Location: The Reservoir formed by the Chatfield Dam, an existing structure located is Sections 6 and 7, Township 6 South, Range 68 West of the 6th P.M. and in Section 1, Township 6 South, Range 69 West of the 6th P.M.

c. Source: The South Platte River and tributaries thereto, including Plum Creek and its tributaries. d. Appropriation date: October 1, 1985. e. Amount: 800 acre-feet per year, conditional. f. Use: All municipal uses, including domestic, commercial, manufacturing, industrial, stock watering, irrigation; including watering of parks, lawns and gardens, fire protection, recreation, piscatorial, wildlife, instream cases, sewage treatment, street sprinkling, maintenance of adequate storage reserves, exchange purposes, replacement of depletions resulting from the use of water from other sources, and for augmentation purposes.

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 part of the District’s overall water supply system. As an integrated system, diligence on one part constitutes diligence on the entire system. Applicant has undertaken the following actions during the diligence period in direct support of reasonable diligence regarding the subject water rights:

a. Chatfield is owned by the United States of America and is operated by the U.S. Corps of Engineers (“Corps”). The Corps and interested parties have been reviewing options and the feasibility of enlarging the Reservoir’s water rights storage capacity while maintaining the flood control integrity of the Reservoir. Applicant’s attorneys, Ciliberto & Associates, LLC, have participated in these ongoing discussions and studies. The Corps has not yet determined to allocate and issue additional contracts for storage space in Chatfield Reservoir. b. During the diligence period, Applicant had been involved in proceedings for Bankruptcy Protection under Title 9, in order to restructure the finances of the District due to a slower buildout within the District than originally anticipated. The District successfully proceeded through Bankruptcy Court, which will allow development to proceed. The District spent approximately $1,500,000.00 in the Bankruptcy proceedings. c. Applicant, through Ciliberto & Associates, LLC, is preparing an Application for Change of Water Rights and Amendment of the Plans for Augmentation in Case Nos. 83CW280 and 84CW221. That Application involves the water right that is subject of this Application.

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d. Each month, from July 2002 to the present, Ciliberto & Associates, LLC, has reviewed the resume of applications as published by the Water Clerk for Water Court, Water Division 1 and advised Applicant whether Statements of Opposition should be filed to protect Applicant’s water rights. In these and other water matters, Applicant expended more than $25,000.00 in legal fees and costs associated with maintaining and protecting its water rights. e. Each month during the diligence period until July 2002, Holder & Ciliberto, P.C. reviewed the resume of applications as published by the Water Clerk for Water Division 1 and advised Applicant whether Statements of Opposition should be filed to protect Applicant’s water rights. Holder & Ciliberto, P.C. also participated in the first Bankruptcy proceeding. In these and other water matters, Applicant expended thousands of dollars in legal fees and costs associated with maintaining and protecting its water rights. f. During the diligence period, Applicant spent more than $142,000.00 with Bishop-Brogden Associates, Inc. on engineering/consulting services including expert reports, studies, meetings, and participation in the bankruptcy proceedings. g. Applicant has spent thousands of dollars on other legal, financial, development and other experts/consultants regarding the subject development and associated water rights. h. During the diligence period, Applicant has engaged in discussions with the Town of Morrison and City of Lakewood regarding the maximum utility of the subject water rights.

WHEREFORE, Applicant, Mount Carbon Metropolitan District, prays that this Court enter a Decree finding that Applicant has exercised reasonable diligence in the development of the subject conditional water right, and for such other and further relief as this Court deems just and proper in the premises.

03CW270 CITY OF LYONS AND CITY OF LONGMONT, APPLICATION FOR ALTERNATE POINTS OF DIVERSION, IN BOULDER COUNTY. 1. Name, address, telephone number of Applicants: City of Lyons, c/o Gary Cinnamon, Town Manager, 432 5th Avenue, P. O. Box 49, Lyons, Colorado 80540, Telephone: (303) 823-6622, and City of Longmont, c/o Dale Rademacher, Water Resources Administration, 1100 South Sherman St., Longmont, Colorado 80501, (303) 651-8357. Please send all pleadings and correspondence to: Brian M. Nazarenus, Esq., Friedlob Sanderson Paulson & Tourtillott, LLC, 1775 Sherman Street, Twenty-First Floor, Denver, Colorado 80203 [Attorneys for the Town of Lyons], and Raymond L. Petros, Jr., Esq., Petros & White LLC, 730 17th Street, Suite 820, Denver, Colorado 80202 [Attorneys for the City of Longmont]; 2. Decreed name of structure for which Application is made: Town of Lyons Pipeline; 3. From previous Decrees:

Adjudication Date

Appropriation Date

Decreed Amount

Case Number

Lyons Pipeline 3-13-1907 7-06-1892 0.50 cfs 4853

Lyons Pipeline - 1st Enlargement

2-25-1971 7-06-1892 1.00 cfs 20716

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Lyons Pipeline - 2nd Enlargement

2-25-1971 2-08-1910 0.05 cfs 20716


2-25-1971 2-08-1910 1.95cfs 89CW159


2-25-1971 6-23-1967 0.54 cfs 89CW159

a. Decreed point of diversion: A point on the southeastern bank of North St. Vrain Creek whence the Northwest corner of Section 12, Township 3 North, Range 71 West of the 6th P.M. bears South 89�24'18" West, a distance of 1,078.81 feet, all in Boulder County; b. Source: The North Fork of the St. Vrain Creek; c. Decreed and Historic Use: Domestic and municipal purposes within Town of Lyons’ service area; 4. Proposed Alternate Points of Diversion: Pursuant to an Intergovernmental Agreement between Lyons and its Water Fund, and Longmont, acting by and though its Water Utility Enterprise, Longmont has agreed to treat and deliver to Lyons water from Lyons’ water rights, including but not limited to the Town of Lyons Pipeline Water Rights. In order to enable such treatment and delivery of water from the Town of Lyons Pipeline Water Rights, the Applicants hereby seek to decree Longmont’s Points of Diversion, described below, as alternate points of diversion for the Town of Lyons Pipeline Water Rights. Water from the Town of Lyons Pipeline Water Rights shall be measured and diverted by Longmont at Longmont’s Points of Diversion, treated by Longmont in its water treatment facilities, metered and delivered by Longmont to the Lyons water distribution system, distributed by Lyons to its customers, and used solely within the Town of Lyons’ service area. The Town of Lyons Pipeline Water Rights shall continue to be used solely for their decreed purposes within the Town of Lyons’ service area. No change in the use or place of use of the Town of Lyons Pipeline Water Rights shall result from the diversion of water under said water rights at Longmont’s Points of Diversion. The point of discharge of effluent attributable to water diverted under the Town of Lyons Pipeline Water Rights shall also remain unchanged. Diversions at the alternate points will only be made to the extent the water would have otherwise been available for diversion at Lyons’ existing point of diversion (time and quantity), after adjustment for stream gains or losses, and to the extent there exists a corresponding demand within Lyons’ service area. Longmont’s Points of Diversion shall mean, either alone or in combination: a. The South Pipeline, also known as the Longmont Pipe Line, the headgate or point of intake of which is on the South Fork of St. Vrain Creek at a point whence the West quarter of Section 19, T3N, R70W of the 6th P.M., bears South 70°30' West a distance of 1,657 ft. b The North Pipeline, also known as the Longmont Water Works Pipe Line, the headgate or point of intake of which is on the North Fork of St. Vrain Creek at a point whence the Northeast corner of Section 16, T3N, R71W of the 6th P.M., bears North 45°37' East a distance of 2,532 ft. c. The Highland Ditch headgate, located on the north side of St. Vrain Creek in the N1/2 of Section 20, T3N, R70W of the 6th P.M., at a point whence the Northwest corner of said Section bears North 39°18' West a distance of 1,720 ft. more or less; the North line of the NW1/4 of said Section 20 as bearing 84° West with all bearings relative thereto. d. The Supply Ditch headgate, located on the north side of St. Vrain Creek in the N1/2 of Section 20, T3N, R70W of the 6th P.M., at a point whence the Northwest corner of said Section 20 bears North 86°46' West a distance of 470 ft. more or less; the North line of the NW1/4 of said Section 20 as bearing North 84° West with all bearings relative thereto. e. A proposed intake to an existing Longmont pipeline running under St. Vrain Creek at Lyons, which by subsequent modification could be made capable of diverting water from St. Vrain Creek, located near the center of Section 18, T3N, R70W of the 6 P.M., at a point whence the South quarter corner of said Section 18 bears South 1°2' 13” East a distance of 2,409.3 feet, more or less. Names and Addresses of owners of the land on which alternate points of diversion are located: a. The South Pipeline: City of Longmont; b. The North Pipeline: City of Longmont; c. The Highland Ditch headgate: The Highland Ditch Company, 4309 State Highway 66, Longmont, CO 80504; d. The Supply Ditch headgate: The Supply Irrigating Ditch Company, c/o Dan Grant, Secretary, First National Bank, P.O. Box 1826, Longmont, CO

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80502; e. Proposed intake ownership: Colorado Department of Transportation, Region 4, 1420 2nd Street, Greeley, CO 80631 03CW271 INDIAN HILLS WATER DISTRICT, (Kenneth J. Burke, Esq., 1600 Broadway, Suite 2350, Denver, CO 80202; Telephone: (303) 861-2500, Fax: (303) 861-0402; E-mail: [email protected]) APPLICATION FOR CONDITIONAL UNDERGROUND WATER RIGHT, FOR APPROVAL OF USE OF WELL AS AN ADDITIONAL WELL TO DISTRICT’S OTHER WELLS AND INCLUSION OF SUCH WELL IN DISTRICT’S EXISTING AUGMENTATION PLAN, IN JEFFERSON COUNTY Indian Hills Water District, a Quasi Municipal Corporation and Political Subdivision of the State of Colorado (“District”), by counsel, hereby requests that the water court grant District a conditional decree for IHWD Well No. 11, approve its use as an additional well to District’s other wells and approve the inclusion of such well in District’s existing Augmentation Plan.

INTRODUCTION

On May 26, 1977, District sought approval of its plan for augmentation covering certain of its municipal wells. This plan for augmentation was approved on March 30, 1982 by decree of this court entered in Case No. W-8549-77. This decree was recorded on April 21, 1982 at Reception No. 82026568 of the records of the clerk and recorder, Jefferson County, Colorado, and its contents are incorporated herein by this reference as if fully set forth. On December 31, 1993, District sought to include an additional well (IHWD Well No. 10) within the protection of the augmentation plan decreed in Case No. W-8549-77. This request was approved on June 17, 1996 by decree of this court entered in Case No. 93 CW 183. This June 17, 1996 Order imposed certain monitoring conditions on the use of IHWD Well No. 10 subject to the Court’s retained jurisdiction. Upon Petition of District, on August 13, 2002, this Court exercised its retained jurisdiction to enter a supplemental Order modifying the monitoring program imposed in the June 17, 1996 Order. On March 31, 1997, under Case No. 97 CW 125, District requested the Water Court to add two places of storage as alternates to its principal place of storage as approved in District’s augmentation plan decreed in Case No. W-8548-77. This request was approved by order of court dated December 29, 1997. The original decree approving District’s augmentation plan and each of the subsequently entered orders referred to in this paragraph are hereinafter collectively referred to as “District’s Augmentation Decree”.

District’s wells divert within the watersheds of Turkey Creek and Parmalee Gulch. District has conscientiously utilized its wells and other water rights to provide a water supply to its customers. District strives to improve its water delivery system at appropriate intervals. Among such improvements were the consolidation of its 8 Turkey Creek Wells to a Gallery System in 1992 and the addition of a new filtration plant for its Turkey Creek Gallery in 2003. District relies upon its Turkey Creek Gallery as its principal source of water supply. District’s Turkey Creek Gallery is presently located from 6 to 8 feet below ground surface.

The surface flows in Turkey Creek in the vicinity of District’s Gallery are subject to significant fluctuations. During periods of drought, Turkey Creek’s surface flows at this location are scant. Ground water flows in the geologic material immediately below Turkey Creek are likewise reduced. In order to stabilize its diversions of water from Turkey Creek, District has investigated the prospects for deepening a portion of its collection system in the vicinity of the Turkey Creek Gallery. District has identified a deeper point where ground water tributary to Turkey Creek may be pumped from the fractured granites. District has constructed a monitoring well within 100 feet of the Gallery and has found the water there to be of acceptable quality. District now wishes to convert this hole to a production well, include it within its system as an additional well to District’s other wells and incorporate it within the protection of District’s Augmentation Decree. District does not seek to increase its diversions of water beyond those that are already authorized by its existing augmentation plan.

FIRST CLAIM FOR RELIEF

CONDITIONAL UNDERGROUND WATER RIGHT

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1. The Name, Address and Telephone Number of Applicant: Indian Hills Water District P.O. Box 710 Indian Hills, Colorado 80454 (303) 698-8810 2. The Name of the Structure: IHWD Well No. 11 3. Legal Description of Well: IHWD Well No. 11 is located at a point in the NE1/4 of the NE1/4 of Section 21, Township 5 South, Range 70 West of the 6th Principal Meridian, which is 1252 feet South of the North Section Line and 1100 feet West of the East Section Line of said Section, Jefferson County, Colorado. 4. The Sources of Water and Approximate Depth of Well: The source of water for IHWD Well No. 11 is groundwater tributary to the South Platte River derived from Fractured Granite. The Well is approximately 700 feet deep. 5. The Date of Appropriation and Manner in which Appropriation was Initiated: The appropriation date for IHWD Well No. 11 is March 7, 2003 by District’s formation of its intent to utilize ground water for the purposes as set forth herein and by its initiation of certain overt actions taken in furtherance thereof. 6. Amount of Water Claimed: 22.0 gpm, (0.04888 cfs) CONDITIONAL 7. The Proposed Uses of the Water: The proposed uses of water from IHWD Well No. 11 are domestic (including household use); municipal; drinking and sanitary uses in individual commercial establishments; irrigation of up to 5 acres of land within District’s service area; recreational purposes (including fishery and wildlife); fire protection; stock watering; and the maintenance of adequate system storage reserves. The well water right that is the subject of this application is a part of a single, integrated water system designed to provide a water supply to District’s service area which will be developed to full utilization over an extended period of time. District requests that the Water Court recognize the existence of this integrated system and the related phased development program for purposes of all required future determinations of reasonable diligence. 8. History of Structure On January 28, 2003, under Permit No. 247376, District received from the Office of the Colorado State Engineer a permit to construct IHWD Well No. 11 as a monitoring well. This monitoring well was completed on March 7, 2003, and District now wishes to convert the monitoring well into a production well protected by District’s decreed augmentation plan. District has not applied for a permit to utilize IHWD Well No. 11 as a production well. District requests that, with the inclusion of this well under the protection of District’s Augmentation Decree, this court direct the Colorado State Engineer to issue a permit for IHWD Well No. 11 upon application by District. 9. Name and Address of Owner of Land on which Well and Related Structures are Located: District owns a permanent easement to utilize the land on which are located IHWD Well No. 11 and all of the ancillary facilities needed to deliver water therefrom to District’s existing Turkey Creek Filtration Plant The current owner of the land subject to District’s easement is Mr. John A. Fields, 6009 South Turkey Creek Road, Morrison, CO 80465. WHEREFORE, District respectfully requests that this court grant its application, make the determinations requested and award the water right described herein.

SECOND CLAIM FOR RELIEF

MOTION TO INCLUDE WELL WITHIN EXISTING PLAN FOR AUGMENTATION

As set forth in the above Introduction, District had previously included IHWD Well No. 10 as an additional well covered by District’s Augmentation Decree. District now wishes to incorporate IHWD Well No. 11 as an additional well so protected. District thus moves for an order of this Court granting such relief.

AS GROUNDS THEREFOR, District submits:

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A. The source of water for IHWD Well No. 11 is derived from fractured granites and is tributary to Turkey Creek as are District’s other Turkey Creek diversions already covered by District’s Augmentation Decree.

B. The addition of IHWD Well NO. 11 as an additional Turkey Creek well so protected will not increase District’s diversions of water from Turkey Creek as already authorized by District’s Augmentation Decree.

C. The addition of IHWD Well No. 11 as an additional well so protected will not increase District’s consumptive use of water as already authorized by District’s Augmentation Decree.

D. The District’s overall volumetric amounts of water to be withdrawn pursuant to the Augmentation Decree will remain unchanged and the District’s replacement supply will continue to prevent injury to those persons otherwise affected

E. For the foregoing reasons, no person will be adversely affected by the addition of IHWD Well No. 11 as an additional well so protected.

WHEREFORE District requests that IHWD Well No. 11as set forth in District’s FIRST CLAIM FOR RELIEF above be included as an additional well identified in and protected by paragraph 7(ii) of the Augmentation Decree as an additional Turkey Creek ground water source, with all other terms and conditions of District’s Augmentation Decree remaining unchanged.

03CW272 (96CW118) THE CITY OF GOLDEN, APPLICATION TO MAKE A CONDITIONAL WATER RIGHT ABSOLUTE OR IN THE ALTERNATIVE FOR A FINDING OF REASONABLE DILIGENCE. IN JEFFERSON COUNTY, COLORADO. DISTRICT COURT, WATER DIVISION NO. 1, STATE OF COLORADO. 901 Ninth Avenue, P.O. Box 2038, 80632. 1. Name, address, and telephone number of applicant: City of Golden, 911 Tenth Street, Golden, Colorado 80401, Attention: City Manager, Direct all pleadings to: Glenn E. Porzak, P. Fritz Holleman, Amy W. Beatie, Porzak Browning & Bushong, LLP, 929 Pearl Street, Suite 300, Boulder, Colorado 80302. 2. Name of structure: Golden Water Works First Enlargement. 3. Description of conditional water right: (a) Decree: Decreed as amended by the District Court in and for Water Division No. 1 in Case No. 83CW302 on November 28, 1985, and included in the augmentation plan decreed by the same court in Case No. 83CW361 on June 17, 1986. A finding of reasonable diligence was entered in Case No. 89CW156 by decree dated May 30, 1990. A second finding of reasonable diligence was entered in Case No. 96CW118 on July 14, 1997. (b) Decreed location: The point of diversion is located in the NW1/4 NE1/4 of Section 32, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado, on the north bank of Clear Creek, at a point whence the northeast corner of said Section 32 bears north 60 degrees 57' east a distance of 2,060 feet. (c) Source: Clear Creek. (d) Appropriation date: December 5, 1983. (e) Amount: 20 c.f.s. conditional. (f) Use: Domestic, municipal (including fire protection), commercial, industrial, irrigation, aesthetic, recreational, manufacturing, and storage. 4. Water Rights Made Absolute: Golden has diverted and placed to all decreed purposes all 20 c.f.s. of water attributable to the Golden Water Works First Enlargement water right. 5. Detailed outline of work done: Since the last diligence application was filed in May 1996, Golden has undertaken the following specific activities to develop and make absolute the subject water right: (a) Golden expended $62,255.00 for construction of a bypass pipeline to convey water from the Church Ditch to the West Pond at the City of Golden water treatment plant. The purpose of this bypass pipeline was to provide an interim method for delivering water to the water treatment plant during construction of a new, thirty-inch diameter transmission pipeline (“Transmission Pipeline”). Golden expended $433,426.00 during May 1999 for construction of the Transmission Pipeline. The Transmission

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Pipeline is approximately 3,600 feet long and is used for diversion of water from the newly constructed meter vault at the Golden Water Works diversion point of Clear Creek to the West Pond at the water treatment plant. The new pipeline, which replaced two smaller pipelines, has a design capacity of approximately 45 c.f.s., which is more than adequate for conveyance of the Golden Water Works First Enlargement water right. The pipeline was placed into service during summer 1999. (b) Golden began diverting water under the Golden Water Works First Enlargement water right through the Transmission Pipeline on August 13, 1999. Total diversions were made at a rate of 24 c.f.s. (4 c.f.s of which were allocated to the original Golden Water Works right, priority date March 1, 1879). Golden has continued to divert water under the Golden Water Works First Enlargement water right on a daily basis since August 13, 1999, whenever the water is in priority and Golden has the need for such water. (c) Golden has also diverted water out of priority under the Golden Water Works First Enlargement water right, with the out-of-priority depletions augmented under Golden’s augmentation plan in Case No. 83CW361. (d) All of this water is put to beneficial use in Golden’s municipal water system. WHEREFORE, Golden requests that the Court enter a decree making absolute the full 20 c.f.s. amount of the Golden Water Works First Enlargement described in paragraph 3 above. To the extent any portion of the subject conditional water right is not made absolute, Golden seeks a finding of reasonable diligence with respect to such portion of the right. 03CW273(96CW119) THE CITY OF GOLDEN APPLICATION FOR A FINDING OF REASONABLE DILIGENCE, IN CLEAR CREEK COUNTY, COLORADO. DISTRICT COURT, WATER DIVISION NO. 1, STATE OF COLORADO, 901 Ninth Avenue, P.O. Box 2038, Greeley, CO 80632. 1. Name, address, and telephone number of applicant: City of Golden,911 Tenth Street, Golden, Colorado 80401. Attention: City Manager. Direct all pleadings to: Glenn E. Porzak, P. Fritz Holleman, Amy W. Beatie, Porzak Browning & Bushong, LLP, 929 Pearl Street, Suite 300, Boulder, Colorado 80302. 2. Name of structures: Golden Reservoirs Nos. 1, 2, and 3.3. Description of conditional water rights: (a) Decree: The Golden Reservoirs Nos. 1, 2, and 3 were decreed by the District Court in and for Water Division No. 1 in Case No. 82CW469 on November 28, 1985, and included in the plan for augmentation decreed by the same court in Case No. 83CW361 on June 17, 1986. A finding of reasonable diligence was entered in Case No. 89CW155 by decree dated May 30, 1990. A second finding of reasonable diligence was entered in Case No. 96CW119 by decree dated July 14, 1997. (b) Decreed locations: (1) Golden Reservoir No. 1 is located in the NW1/4 SW1/4 of Section 29 and NE1/4 SE1/4 of Section 30, Township 3 South, Range 74 West of the 6th P.M., Clear Creek County, Colorado. The right (south) abutment of the dam is located at a point whence the SE corner of Section 29, Township 3 South, Range 74 West of the 6th P.M. bears south 66 degrees 25' east a distance of 4,842 feet. (2) Golden Reservoir No. 2 is located in the N1/2 SW1/4 and the NW1/4 SE1/4 of Section 29, Township 3 South, Range 74 West of the 6th P.M., Clear Creek County, Colorado. The right (south) abutment of the dam is located at a point whence the SE corner of Section 29, Township 3 South, Range 74 West of the 6th P.M. bears south 56 degrees 48' east a distance of 2,792 feet. (3) Golden Reservoir No. 3 is located in the N1/2 SE1/4 of Section 29, Township 3 South, Range 74 West of the 6th P.M., Clear Creek County, Colorado. The right (south) abutment of the dam is located at a point whence the SE corner of Section 29 bears south 21 degrees 44' east a distance of 2,031 feet. (c) Sources of water for the Golden Reservoirs: (1) West Fork of Clear Creek and seepage and runoff water in the watershed of the West Fork of Clear Creek. (2) Nontributary, developed water from the Henderson Mine, Berthoud Canal and Tunnel, and Vidler Tunnel as originally described in the plan for augmentation decreed to Golden in

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83CW361. (d) Appropriation date: June 8, 1977. (e) Amounts: (1) Golden Reservoir No. 1: active capacity of 450 acre-feet and dead storage capacity of 150 acre-feet. (2) Golden Reservoir No. 2: active capacity of 850 acre-feet and dead storage capacity of 150 acre-feet. (3) Golden Reservoir No. 3: active capacity of 875 acre-feet and dead storage capacity of 125 acre-feet. (f) Use: Domestic, municipal (including fire protection), commercial, industrial, irrigation, aesthetic, recreational, including fishing, fishery and wildlife breeding, boating and swimming, streamflow enhancement and maintenance, power generation, manufacturing, and storage. 4. Detailed outline of work done to complete project and apply water to beneficial use: Since the last diligence application was filed in May 1996, Golden has undertaken the following specific activities which demonstrate its diligence with regard to development of the subject water rights: (a) Excavation of the necessary storage capacity has been on-going during this diligence period. This work was performed by a private mining company under contract with Golden as part of a gravel mining operation on the site. The excavation is now in the final months of being completed. (b) Design work on the facilities necessary for impoundment of the subject rights has been on-going during this last diligence period. Final plans were approved by the State Engineer’s office on May 20, 2003. (c) Construction on the impoundment structures for the reservoir and other necessary facilities began in May 2003. This work is being completed for Golden by Kiewit Construction at a cost to Golden of over $6 million. Golden entered the construction contract with Kiewit in April 2003. (d) Golden engaged in negotiations with a private landowner for purchase of part of the reservoir site that is under a lease to Golden, and commenced a condemnation action in April 2003 to acquire that private parcel. As part of that condemnation action, Golden has been given immediate possession of the property, and has deposited $1.5 million in escrow with the Clear Creek County District Court from which any required payment will be made to the landowner. (e) Golden has been further engaged in all necessary land acquisition, permitting, and construction necessary to meet its goal to have the impoundment facilities completed and operational before December 31, 2003. WHEREFORE, Golden requests that the Court enter a finding of reasonable diligence with respect to the Golden Reservoirs Nos. 1, 2, and 3 described in paragraph 3 above. 03CW274 EAGLE POINTE DEVELOPMENT, LLC, APPLICATION FOR CHANGE OF WATER RIGHT, IN DOUGLAS COUNTY. 1. Name and telephone number of Applicant: Eagle Pointe Development, LLC, 8480 East Orchard Road, Suite 1100, Englewood, Colorado 80111 (303) 779-7979. (James J. Petrock, Petrock & Fendel, P.C., 700 17th Street, #1800, Denver, Colorado 80202 (303) 534-0702). 2. Decree information for which change is sought: Case No. 86CW057 as decreed on December 29, 1988, and Case No. 90CW179 as decreed on January 27, 1999. The property which is the subject of the decrees is approximately 2430 acres of land. Applicant is the owner of 1480 acres of that land, located in parts of Sections 15, 16, 21, 22, 28 and 29, T10S, R67W of the 6th P.M. as described and shown on Attachment A hereto (Subject Property). The subject of this application is water associated with and underlying only the Subject Property. This application is filed pursuant to and conforms with the terms and conditions of that certain Deed of Conservation Easement recorded on January 23, 2003, in Reception No. 23003009368 in the Douglas County records. 3. Proposed changes to decrees: A. In the decree in Case No. 86CW057, all of the Dawson aquifer groundwater underlying the Subject Property was decreed and is not available for use through exempt wells on 35 or more acre tracts of land pursuant to Section 37-92-602, C.R.S. Applicant is the owner of approximately 977 acre-feet per year of the total amount of Dawson aquifer water underlying the Subject Property as decreed in Case No. 86CW057. By this change, Applicant requests that the decreed amount of Dawson aquifer water underlying the Subject Property be reduced by 80 acre-feet per year, which will allow use through 20 exempt wells. No other parts of this original decree will be changed. B. The decree in Case No. 90CW179 approved a plan for augmentation to allow withdrawal of 259.5 acre-feet per year of not nontributary Dawson aquifer

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groundwater for use through 173 individual wells (1.5 acre-feet per well). Applicant is the owner of 129 acre-feet per year of this amount and the right to use said water through 86 wells on the Subject Property. Also, an equal amount of nontributary Denver and Laramie-Fox Hills aquifer water (129 acre-feet per year in each aquifer) as originally decreed in Case No. 86CW056, was reserved for use in the augmentation plan. The Dawson aquifer augmentation plan is no longer required and the decree in Case No. 90CW179 will be changed to delete use of Applicant’s 129 acre-feet per year of Dawson, Denver, and Laramie-Fox Hills aquifer groundwater from the terms and conditions of that decree. WHEREFORE, Applicant prays that this Court enter a decree granting this application and for a finding that the changes requested herein will not injuriously affect other owners or users of vested or conditional water rights, and for such other relief as it deems proper in the premises. 03CW275 (96CW51) LARRY AND DORIS LEDUE, Alison Maynard, Attorney at Law, P.O. Box 22135, Denver, CO 80222. APPLICATION TO MAKE CONDITIONAL UNDERGROUND RIGHT ABSOLUTE, IN PARK COUNTY.

2. Name of structure: LeDue Well, Permit #166502 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: July 25, 1997 Case no.96 CW 51

Division 1 Water Court, Colorado B. Legal description of the well:

The LeDue Well is located in the NE 1/4 SE 1/4 Sec. 20, T. 10S., R. 75W., of the 6th P.M., 2125 feet from the south section line, and 1115 feet from the east section line, Park County, Colorado. Street address: 1171 County Rd. 17, Como, Colorado 80432 Subdivision: Santa Maria Ranch, lot 14.

C. source of the water: Groundwater tributary to the South Platte River. D. Appropriation date: January 15, 1993.

Amount: 5.25 gpm (0.012 cfs) E. Use: Ordinary household purposes inside one single family dwelling, fire protection, irrigation of not more than one acre of home gardens and lawns, and watering of domestic animals.

This well was approved pursuant to §37-92-602(3)(b)(II)(A), C.R.S., as the only well on a tract of land consisting of 35 acres or more in lot #14, Santa Maria Ranch. F. Depth of well: 350 ft. 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 LeDues built a house on the property between 1991 and 1998. They received a certificate of occupancy in May or June of 1998, and then began living there full-time. In 1998, they started a garden on the property, and in October 1999 purchased a horse. They rescued a second horse in around November 1999 and acquired chickens in July 2001. They have a “burn

barrel” to burn trash and have hauled water there for fire protection in the past three years because of the drought, from 2001 to 2003.

5. If claim to make absolute:

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Water applied to beneficial use: A. Date: Applied to all uses by May 31, 2001. See par. 4, above. Amount: The LeDues have a 700-gal storage tank which they must fill every

third day. They have used 5.25 gpm from the well for all uses decreed. Uses: See par. (4), above. Water has been applied to all uses decreed.

B. Description of place of use where water is applied to beneficial use: 1171 County Rd. 17, Como, CO 80432, a/Ida lot 14, Santa Maria Ranch, the residence and land of Applicants.

6. Names and addresses of owners of the land on which structure is located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use:

Applicants own the land upon which the structure is located and upon which water is placed to beneficial use. Their names and addresses are as given in par. (1), above. Mailing address of Applicants:

P.O. Box 221 Como, CO 80432 Phone: (719) 836-4804

03CW276 (W-7745, W-7745-77, 84CW190, 88CW104 and 96CW040) Buffalo Park Development Company, c/o Ronald P. Lewis 26624 N. Turkey Creek Road Evergreen, Colorado 80439 Telephone: (303) 674-7777 (c/o Stephen T. Williamson and Matthew Machado, Law Office of Stephen T. Williamson, P.O. Box 850, 813 Main Street Louisville, Colorado 80027, 303-666-4060) APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE In the South Platte River or its Tributaries IN JEFFERSON COUNTY. 2. Decreed name of structure for which diligence is claimed: A. Ives Well No. 54155 B. King Well No. 54156 C. Lickly Well No. 58442 D. Burgen Well No. 54154 E. Card Well No. 58452 F. Maroney Well No. 58451 G. Seganti Well No. 61191 H. Hart Well No. 54152 I. Seitz Well No. 60099 3. Description of conditional water rights: The water rights described herein were originally adjudicated in Case No. W-7745, Water Division No. 1. Previous diligence decrees have been entered in Case Nos. 84CW190 and 88CW104, and most recently in Case No. 96CW040, decree entered July 7, 1997. The water rights are described in more detail as follows: A. Ives Well No. 54155 i. Location: To be located in the NW 1/4 SW 1/4, Section 33, T5S, R70W, 6th P.M., Jefferson County, at a point 1350 feet North and 1300 feet East of the SW corner of said Section 33. ii. Date of appropriation: March 27, 1972 B. King Well No. 54156 i. Location: To be located in the NW 1/4 SW 1/4, Section 33, T5S, R70W, 6th P.M., Jefferson County, at a point 2400 feet North and 800 feet East of the SW corner of said Section 33. ii. Date of appropriation: March 27, 1972 C. Lickly Well No. 58442 i. Location: To be located in the NW 1/4 SW 1/4, Section 33, T5S, R70W, 6th P.M., Jefferson County, at a point 1800 feet North and 800 feet East of the SW corner of said Section 33. ii. Date of appropriation: April 21, 1972 D. Burgen Well No. 54154 i. Location: To be located in the SE 1/4 NW 1/4, Section 33, T5S, R70W, 6th P.M., Jefferson County, at a point 3200 feet North and 1500 feet East of the SW corner of said Section 33. ii. Date of appropriation: March 27, 1972 E. Card Well No. 58452 i. Location: To be located in the NW 1/4 SW 1/4, Section 33, T5S, R70W, 6th P.M., Jefferson County, at a point 2400 feet North and 400 feet East of the SW corner of said Section 33. ii. Date of appropriation: April 21, 1972 F. Maroney Well No. 58451 i. Location: To be located in the NW 1/4 SW 1/4, Section 33, T5S, R70W, 6th P.M., Jefferson County, at a point 1450 feet North and 630 feet East of the SW corner of said Section 33. ii. Date of appropriation: April 21, 1972 G. Seganti Well No. 61191 i. Location: To be located in the SE 1/4 SW 1/4, Section 4, T6S, R70W, 6th P.M., Jefferson County, at a point 1950 feet North and 1550 feet South of the NW corner of said Section 4. ii. Date of appropriation: May 22, 1972 H. Hart Well No. 54152 i. Location: To be located in the SE 1/4 NW 1/4, Section 33, T5S, R70W, 6th P.M., Jefferson County, at a point 3200 feet North and 2200 feet East of the SW corner of said Section 33. ii. Date of appropriation: March 27, 1972 I. Seitz Well No. 60099 i. Location: To be located in the NW 1/4 NW 1/4, Section 4, T6S, R70W, 6th

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P.M., Jefferson County, at a point 1200 feet East and 950 feet South of the NW corner of said Section 4. ii. Date of appropriation: May 5, 1972 J. The source of water for each well: Ground water. K. The amount of water to diverted by each well: 0.011 cubic feet per second, CONDITIONAL. L. The use of the water from each well: Ordinary household purposes and irrigation of home gardens and lawns of less than one acre, but not used for more than three single-family dwellings. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriations and application of water to a beneficial use as conditionally decreed: A. The subject water rights are part of an integrated water system for the Homestead Subdivision which will require many years to complete. The engineering fees associated with the development of said integrated water system during the diligence period, August 1996 through August 2002, exceeds $120,000. The engineering work accomplished during this period includes the following: 1) modification of the design, plans and specifications for the structures; 2) protection of the structures from the expansion of US Highway 285 right-of-way; 3) monitoring the monthly résumé of water applications in the Water Division No. 1; 4) filing objections and participating in several water court cases to protect the subject water rights; and 5) prosecuting a plan for augmentation in Case No. 94CW290 to expand the Homestead water supply system within the subdivision and to adjacent properties. In addition, the applicant expended legal fees related to the afore-mentioned items. WHEREFORE, applicant requests that the court find diligence in the development of the water rights described herein and continue the conditional decrees for said structures for the statutory period. 03CW277 Valley View Development, LLC, a Colorado limited liability company, 2150 West 29th Avenue, Suite 130, Denver, Colorado 80211. Robert E. Schween, Esq. 8185 S. Winnipeg Circle, Aurora, CO 80016. Application for Underground Nontributary and Not Nontributary Water Rights in the Denver, Arapahoe, and Laramie-Fox Hills Aquifers and for Approval of Plan for Augmentation, IN ADAMS COUNTY.2. Well Permits: Well permit applications for the wells to be constructed pursuant to this application and subsequent decree will be applied for at a later time pursuant to the terms of the decree to be entered in this matter.3. Description of Wells and Subject Property: A. The wells which will withdraw ground water from each aquifer underlying the land described in paragraph 10 below will be located on Applicant's property, consisting of 40 acres, more or less, in the SW ¼ of the NW ¼, Section 14, Township 1 South, Range 65 West of the 6th P.M., in Adams County, Colorado ("Subject Property"). Applicant requests the right to construct such wells anywhere on the Subject Property to recover the entire allowable annual amounts from each aquifer as claimed herein. B. Aquifer depths will be based on geologic and topographical information available from maps and documents produced by the Colorado State Engineer's Office. Actual well completion depths may vary based on actual conditions at a particular well site. C. Applicant will withdraw not-nontributary Denver aquifer ground water only pursuant to the augmentation plan requested herein. 4. Source of Water Rights: A. Not-Nontributary Ground Water: Ground water in the Denver aquifer at this location is classified as not-nontributary ground water as defined in § 37-90-103(10.7), C.R.S. Withdrawals of such ground water require replacement to the affected stream system of an amount of water equal to either: (1) The actual depletions caused by pumping such wells, if the well is within one mile of the point of contact with the stream system, or (2) Four percent (4%) of the amount of water withdrawn, pursuant to a judicially approved plan of augmentation. Otherwise, such water may be fully consumed to extinction for all beneficial uses. B. Nontributary Ground Water: Ground water in the Upper and Lower Arapahoe and Laramie-Fox Hills aquifers at this location is nontributary as defined at § 37-90-103 (10.5), C.R.S. Applicant will comply with the requirement to relinquish two percent of all such nontributary ground water withdrawn to the stream system. Otherwise, such water may be fully consumed to extinction for all beneficial uses. 5. Date of Initiation of Appropriation: Not Applicable. 6. Right to Ground Water Claimed Herein: A. Applicant seeks a decree for all ground water determined to

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be available from each aquifer named above underlying the approximately 40 acres described herein, based upon a statutory aquifer life of 100 years. Applicant is the owner of such overlying land area as described herein. B. Applicant asserts that withdrawal in the average annual amounts determined to be available from each named aquifer can be made pursuant to § 37-90-137(4), C.R.S., without causing material injury to the vested rights of others, PROVIDED THAT, withdrawals of not-nontributary ground water may be made only pursuant to a judicially approved plan for augmentation of depletions caused by such withdrawals. 7. Estimated Amounts and Rates of Withdrawal: A. Estimated Average Annual Amounts Available: The estimated average annual amounts of withdrawal available from each aquifer are based upon interpretations of information contained in the Denver Basin Rules, 2 C.C.R. 402-6, and are based on an overlying land area of 40 acres, more or less. Such estimates are as follows, but the amounts to be reflected in the ruling and decree to be entered in this matter will be those supplied by the State Engineer’s Office in its Determination of Facts to be issued in this case: Sat. Sand Specific Ave. Ann. Amt.

Aquifer Thickness Yield (Acre-Feet) Denver 45 17% 3.1 Upper Arapahoe 90 17% 6.1 Lower Arapahoe 110 17% 7.5 Laramie-Fox Hills 125 15% 7.5

The average annual amounts available from each aquifer will depend upon the hydrogeology and the legal entitlement of Applicant to all ground water in the subject aquifer underlying Applicant's property. B. Average Pumping Rates: The wells to be completed into each aquifer will withdraw ground water at rates of flow necessary to efficiently withdraw the entire decreed amounts from each aquifer. The actual pumping rates for each well may vary according to aquifer production capability at a particular location or well system design. 8. Well Fields: A. Applicant requests the right to withdraw all of the legally available ground water in the subject aquifers underlying the Subject Property through any well(s) initially permitted in such aquifer and any additional well(s) which may in the future become part of the Applicant's well field. Applicant requests that the initial well(s) permitted in each aquifer, along with any additional well(s) completed into the same aquifer, shall be treated as a well field. B. As additional wells are constructed, well permit applications will be filed in accordance with § 37-90-137(10), C.R.S. This application seeks to require the State Engineer to issue well permits based on the full acreage of the development rather than the area of each lot or homesite within the development. 9. Proposed Uses: A. Applicant intends to use all ground water requested herein. Such water is to be used, reused, successively used and, after use, leased, sold or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, agricultural, commercial, irrigation, stock watering, recreational, fish and wildlife, fire protection, and any other beneficial purposes, to be used on or off the Subject Property. B. Such water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 10. Description of the Subject Property: Forty (40) acres of land, more or less, located in Adams County, and generally described as follows: A tract of land situated in the SW ¼ of the NW ¼ of Section 14, Township 1 South, Range 65 West of the 6th P.M. See General Location Map, Exhibit A, and Property Legal Description, Exhibit B. 11. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to §§ 37-92-302(2) and 37-90-137(6), C.R.S.

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12. Name and Address of Owner of the Land on Which Structures are Located: The owner of the Subject Property described herein is the Applicant herein, Valley View Development, LLC. 13. Remarks: A. Applicant requests: (1) The right to withdraw more than the average annual amount estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7; (2) The right to revise the above estimate of the average annual amount available for withdrawal upward or downward, based on better or revised data, without the necessity of amending this application or republishing same; (3) A quantification and adjudication of the ground water rights in each aquifer named herein to which Applicant is entitled to develop and use; and (4) A confirmation of the right to use, reuse, successively use, and otherwise dispose of all nontributary ground water, after relinquishment of 2% thereof, and all not-nontributary ground water, after lawful compensation for modeled stream depletions. B. In compliance with House Bill 93-1060 (effective March 30, 1993), Applicant will, within ten (10) days after filing this application, supplement this application with evidence that Applicant has given notice of this application by registered or certified mail, return receipt requested, to every record owner of the overlying land and to every person who has a lien or mortgage on, or deed of trust to, the overlying land recorded in the county in which the overlying land is located.

Plan for Augmentation 14. Ground Water to be Augmented: The Applicant has divided the Subject Property into 12 separate tracts or lots, each consisting of 1.9 acres or more. Upon each lot, either Applicant or the lot purchaser will complete a well into the Denver, Upper Arapahoe, or Lower Arapahoe aquifer to serve the domestic, stock watering, and lawn and garden irrigation demands of that lot, as limited herein. Each lot owner will be limited to his maximum annual volume allowed pursuant to the ruling and decree to be entered in this matter. 15. Water Rights to be Used for Augmentation: Modeled or calculated stream depletions will be augmented with return flows of fully augmented not-nontributary ground water from the Denver aquifer and nontributary ground water in the Upper Arapahoe, Lower Arapahoe, and/or the Laramie-Fox Hills aquifer(s) underlying the Subject Property. Such sources may be available by direct discharge to the stream system, by percolation and return to the stream system after land application, and by rapid infiltration. 16. Statement and Description of Plan for Augmentation: A. Use and Estimated Demand. (1) The Subject Property, shown on Exhibit A, will be developed over time with residential homesites. It is contemplated that development will consist of 12 home sites or lots, each containing not less than approximately 1.9 acres of land, and each with its own Denver or Arapahoe aquifer well and nonevaporative wastewater discharge (septic) system. (2) A preliminary demand study indicates that full development of the Subject Property, employing standard in-house and lawn irrigation water use limitations, will require no more than approximately .42 acre-feet per lot per year. In-house use will require no more than approximately .25 acre-feet per year and lawn irrigation and stock watering uses will require no more than .17 acre-feet per year for irrigation of a small lawn or garden. Accordingly, each lot owner will be allotted an average annual amount of .42 acre-feet. This allocation may increase if the ground water available to the development is greater in quantity than estimated herein. B. Water Supply. (1) The supply for such demand will be the decreed ground water rights in the Denver, Upper Arapahoe, and Lower Arapahoe aquifers underlying the Subject Property, as described above and depicted in Exhibit A. Total average Denver, Lower Arapahoe, and Upper Arapahoe aquifer amounts available to Applicant are 16.7 acre-feet per year, and the maximum demand at full build-out is expected to be only about five (5) acre-feet per year. Thus, the water supply for the development is projected to have greater than a 300-year life. (2) Ground water

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from the three named aquifers will be withdrawn by the twelve lots and used in the following approximate amounts: No. of Lots Aquifer AF/Yr./Lot Total (AF) 2 Denver 0.40 0.8 4 Upper Arapahoe 0.41 1.7 6 Lower Arapahoe 0.42 2.5 Totals 12 5.0 C. Stream Depletions. (1) Stream System Affected: Box Elder Creek, tributary to the South Platte River. The location of Denver aquifer wells to be constructed at the development will be no closer than approximately 1.4 miles from the point of contact between the Denver aquifer and the Box Elder Creek alluvium. Therefore, Applicant will be required to replace four percent (4%) of the amount pumped annually from the Denver aquifer, or a maximum of about 0.03 acre-feet (0.8 AF x 4% = 0.032 AF). (2) Modeled Stream Depletions: An accepted computer model will be run to ascertain the maximum stream depletions that will occur based on pumping of up to 0.8 acre-feet per year from the Denver aquifer at this location for a period of 300 years. The maximum stream depletion calculated by the model will be the amount that Applicant will be obligated to replace to satisfy its post-pumping replacement obligation. D. Replacement of Depletions During Pumping Period. (1) During the period of pumping, Applicant will replace four percent (4%) of the volume pumped from the Denver aquifer to the affected stream system (Box Elder Creek). Return flows from the use of the subject water rights will accrue to Box Elder Creek. Such return flows will be sufficient to make the required replacement. (2) Assuming that the development will achieve return flows of 90% of the water used in-house and 15% of the water used for irrigation purposes, the total combined return flows at full build-out will approach three (3) acre-feet per year, calculated as follows: Use Ann. Amount Domestic Use, Each Lot ..... 0.25 AF Estimated Irrigation, Each Lot ..... 0.15 AF Estimated Stock Water, Each Lot ..... 0.02 AF Maximum Withdrawal, Each Lot ..... 0.42 AF Return Flows Generated Ann. Amount Domestic (.25 AF x 90%) ..... 0.225 AF Irrigation (.15 AF x 15%) ..... 0.022 AF Stock (.02 AF x 00%) ..... 0.000 AF Total Return Flow, Each Lot ..... 0.247 AF Total Return Flow (0.247 AF x 12 Lots)..... 2.964 AF [The above figures are illustrative, based on the assumed average water use of 0.42 acre- feet per lot per year.] (3) For the period addressed by this plan, Box Elder Creek stream depletions caused by the withdrawal of not-nontributary ground water will be adequately augmented by the replacement to the stream of four percent (4%) of the amount pumped. (4) Excess Return Flows: To the extent that lawn irrigation and domestic uses generate return flows in excess of four percent of the amount pumped annually, Applicant reserves the right to apply for alluvial wells in the Box Elder Creek basin to recapture and reuse such excess generated return flows. E. Replacement of Stream Depletions During the Post-Pumping Period. (1) Applicant reserves the right to claim and demonstrate that the impact of post-pumping stream depletions are wholly de minimis and non-injurious and need not be replaced under the law. § 37-90-137(9), C.R.S. (2) If such stream depletions are determined to be injurious and replacement is

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required, Applicant will reserve for such purpose an amount of nontributary ground water in the Laramie-Fox Hills aquifer underlying the Subject Property equal to the total projected withdrawals of not-nontributary Denver aquifer ground water, less those replacement amounts made during the period of pumping. (3) Further, Applicant may purchase or otherwise acquire additional nontributary ground water for such purpose at the time needed, or use any other legally available source that will be sufficient in quantity, time, and place to meet such augmentation requirements, if any. Such quantities will be sufficient to replace modeled stream depletions caused by ground water withdrawals under this plan for augmentation. G. Summary of Augmentation Plan. (1) Up to 0.8 acre-feet may be produced from Denver aquifer wells, pumping at approximately 15 gpm, annually to serve two lots in the planned development containing a total of 12 lots. During the pumping, the development’s generated return flows will supply replacement to the stream and four percent (4%) of the amount pumped annually from the Denver aquifer will be so dedicated for replacement purposes. (2) Depletions to the Box Elder stream system from such ground water production will continue after pumping ceases at the end of 300 years, or sooner. The reservation and dedication of the necessary portion of Applicant’s nontributary ground water resources will insure that replacement of such continued stream depletions will be provided. (3) To the extent that a "short fall" in actual return flows occurs in any given time period during the first 300 years of operation, adequate nontributary ground water reserves exist to compensate for such short fall. 15. Administration of Plan for Augmentation: The Applicant or its successor shall install and maintain such measuring devices and maintain such accounting forms as necessary to demonstrate the adequacy of Applicant's augmentation efforts as a minimum requirement for administration of its augmentation obligations hereunder. Applicant or its successor shall make reports to the Water Division 1 Engineer, as required. 16. Retained Jurisdiction: A. Applicant requests the Court to retain jurisdiction for a period to be determined at the entry of the decree to protect against injury to other water rights. Applicant requests that any party or entity invoking such retained jurisdiction must make a prima facie case that injury to its water rights has been actually caused by Applicant's withdrawals or operation of this plan for augmentation. B. Further, Applicant requests that the Court retain jurisdiction to resolve any controversy which may arise with respect to well construction, well location(s), and amount, timing, and location of replacements to be required hereunder. C. Finally, Applicant requests the Court to retain jurisdiction to allow Applicant to file a separate application for the recapture and reuse of its excess return flows. WHEREFORE, Applicant Valley View Development, LLC, requests this Court enter a ruling and decree, finding substantially as follows: 1. The ground water rights claimed herein are final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 2. Applicant has complied with § 37-90-137(4), C.R.S., and water is legally available for withdrawal from the not-nontributary Denver and the nontributary Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers through wells to be located on the Applicant's property; 3. Jurisdiction is to be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near the Subject Property, pursuant to § 37-92-305(11), C.R.S.; 4. Applicant or its successors may construct wells into each aquifer anywhere on the Subject Property, pursuant to the ruling and decree to be entered in this matter, and without the necessity of filing any further amendments to this application, republishing this application, or reopening the decree to be awarded. All statutory well spacing requirements are waived with respect to the wells to be constructed on Applicant’s Property. 5. Vested or conditionally decreed water rights of

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others will not be materially injured by the withdrawals proposed herein; provided that no withdrawals of not-nontributary ground water will be made except pursuant to the court approved augmentation plan requested herein; 6. In accordance with § 37-92-305(11), C.R.S., no findings of reasonable diligence are required to maintain the water rights applied for herein, including such ground water designated as not-nontributary; 7. The nature and extent of the water rights claimed herein are defined by §§ 37-90-137(4) and (9), C.R.S., and the withdrawals sought to be made are based upon an aquifer life of 300 years and upon the quantity of ground water, exclusive of any artificial recharge, underlying the land shown at Exhibit A and described at Exhibit B hereto; 8. If the well permit for any well authorized by the decree to be entered in this matter expires, Applicant may apply for a new well permit for such well or wells, and the State Engineer shall grant such permit(s) pursuant to the terms of the decree in this case; and 9. Any post-pumping depletion caused by pumping of the not-nontributary ground water requested herein is noninjurious, and does not require augmentation; or alternatively, that the augmentation plan proposed herein is adequate and is approved. FURTHER, Applicant requests this Court grant such other relief as the Court deems proper in the premises. 03CW278 FERRERO-SHEPPARD FAMILY TRUST, c/o Linda Ferrero-Sheppard, Trustee, and Richard O. Sheppard, Trustee, 1379 Kerr Gulch Road, Evergreen, Colorado 80439, NORTH FORK ASSOCIATES, LLC and the MOUNTAIN MUTUAL RESERVOIR COMPANY, 2525 South Wadsworth Blvd., Suite 306, Denver, Colorado 80227. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR UNDERGROUND WATER RIGHT, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT. IN JEFFERSON COUNTY. APPLICATION FOR UNDERGROUND WATER RIGHT: 1. Names of Well and Permit, Registration or Denial Number: Ferrero-Sheppard Well No. 1 (Permit No. 44063-F). 2. Legal Description of the Well: The Well is located in the SW 1/4 NE 1/4 of Section 21, Township 4 South, Range 71 West, 6th P.M., Jefferson County, Colorado, at a point approximately 2,522 feet South of the North Section line and 1,817 feet West of the East Section line of said Section 21. It can also be described as being located on Lot 3, Block 2 of the Pinedale Ranch Subdivision. 3.A. Source of Water: Ground water which is tributary to Kerr Gulch, Bear Creek and the South Platte River. 3.B. Depth of Well: 702 feet. 4.A. Date of Appropriation: September 21, 1994. 4.B. How Appropriation was Initiated: By filing an Application for a well permit with the Colorado Division of Water Resources. 4.C. Date Water Applied to Beneficial Use: March 1, 1995. 5. Amount Claimed: 1 gallon per minute, Absolute, and 14 gallons per minute, Conditional. 6. Uses: Ordinary household purposes inside a single family dwelling, the watering of livestock and domestic animals, the irrigation of lawns and gardens and fire protection purposes. 7. Name and Address of Owner of Land and on which the Well is Located: Ferrero-Sheppard Family Trust, as described above. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT: 1. Name of Structure to be Augmented: Ferrero-Sheppard Well No. 1. 2. Water Rights to be Used for Augmentation Purposes. a. The Ferrero-Sheppard Family Trust has entered into a contract with North Fork Associates, LLC to purchase 1.1 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 1.1 shares represent the right to receive 0.034 of an acre foot of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders, as more particularly described below. b. The water rights which

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MMRC owns for the benefit of its shareholders (hereinafter referred to as the "Bear Creek/Turkey Creek water rights"), are summarized as follows: i. Harriman Ditch. 7.71 shares of the 400 shares of capital stock (1.93%), issued and outstanding in the Harriman Ditch Company. Said Company owns direct flow water rights decreed to the Harriman Ditch. Pursuant to the Decree entered in Civil Action No. 6832, on February 4, 1884, the Ditch was awarded the following direct flow priorities:

Appropriation Priority MMRC Date No. Source Amount Entitlement April 15, 1868 21 Turkey Creek 10.75 cfs 0.2072 cfs March 16, 1869 23 Bear Creek 7.94 cfs 0.1530 cfs May 1, 1871 25 Bear Creek 25.54 cfs 0.4923 cfs March 1, 1882 30 Bear Creek 12.87 cfs 0.2481 cfs

The Bear Creek headgate of the Harriman Ditch is located on the South bank of Bear Creek in the NE 1/4 NE 1/4, Section 2, Township 5 South, Range 70 West, 6th P.M., Jefferson County, Colorado. The Turkey Creek headgate of the Harriman Ditch is located on the South bank of Turkey Creek near the Southwest corner of Section 6, Township 5 South, Range 69 West, 6th P.M., Jefferson County, Colorado. The Ditch was originally decreed for irrigation, livestock watering, domestic and municipal purposes. ii. Warrior Ditch. 2.0 shares of the 160 shares of capital stock (1.25%), issued and outstanding in the Warrior Ditch Company. Said Company owns direct flow water rights decreed to the Warrior Ditch. Pursuant to the Decree entered in Civil Action No. 6832 on February 4, 1884, the Ditch was awarded the following direct flow priorities:

Appropriation Priority MMRC Date No. Source Amount Entitlement December 1, 1861 4 Bear Creek 12.33 cfs 0.1541 cfs April 16, 1862 8 Turkey Creek 2.86 cfs 0.0358 cfs October 31, 1864 14 Bear Creek 25.47 cfs 0.3184 cfs April 1, 1865 16 Bear Creek 11.49 cfs 0.1436 cfs

The headgates of the Warrior Ditch are the same as those of the Harriman Ditch, described above. The Ditch was originally decreed for irrigation purposes. iii. Soda Lakes Reservoir Nos. 1 and 2. 8.71 shares of the 400 shares of capital stock (2.18%), issued and outstanding in the Soda Lakes Reservoir and Mineral Water Company. Said Company owns storage water rights decreed to the Soda Lakes Reservoir Nos. 1 and 2. Pursuant to the Decree entered in Civil Action No. 91471 on September 24, 1935, the Soda Lake Reservoir Nos. 1 and 2 were adjudicated for 1,794 acre feet for irrigation purposes, and 598 acre feet for storage for supplying the City of Denver with water for municipal purposes, including the watering of lawns and gardens. The date of appropriation awarded the structures was February 11, 1893. The Soda Lakes Reservoirs are located in Section 1, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Reservoirs are filled through the Harriman Ditch. iv. Meadowview Reservoir. The structure is located in the NE 1/4 SW 1/4 and the NW 1/4 SE 1/4 of Section 26, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado. Meadowview Reservoir was awarded a conditional water right in

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Case No. 2001CW294, in an amount of water up to 50 acre feet, for augmentation, replacement, exchange and substitution purposes, with the understanding that the amount will be reduced to the difference between 50 acre feet and the volume of water decreed in Case No. 94CW290 for the same purposes. The source is water tributary to North Turkey Creek. Harriman Ditch and Warrior Ditch direct flow water and water available to MMRC in the Soda Lakes Reservoirs will also be stored in Meadowview Reservoir by exchange pursuant to the appropriative rights of substitution and exchange decreed in Case Nos. 2000CW060 and 2001CW293, and the currently pending claim in Case No. 94CW290. c. The overall "firm" yield of consumptive use water available from the MMRC portfolio of Bear Creek/Turkey Creek water rights and storage facilities was quantified in the Decree entered by the District Court for Water Division 1 in Case No. 2001CW293, dated July 16, 2003. The terms and conditions under which the Bear Creek/Turkey Creek water rights are used for augmentation and replacement purposes are set forth in the Decree in Case No. 2001CW293, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the Decree in Case No. 2001CW293 for more detailed information. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under Sections 37-92-103(9), 302(1)(2) and 305(8), 10 C.R.S.: a. The Ferrero-Sheppard Family Trust is the record owner of Lot 3, Block 2 of the Pinedale Ranch Subdivision. The property consists of approximately 10.6 acres and is located in the SW 1/4 NE 1/4 of Section 21, Township 4 South, Range 71 West, 6th P.M., Jefferson County, Colorado. b. The Ferrero-Sheppard Well No. 1 was constructed pursuant to the plan for augmentation decreed in Case No. W-8684-77. Use of water from the Well pursuant to that augmentation plan is limited to in-house purposes within a single family residence. The Ferrero-Sheppard Family Trust desires to expand the use of water from the well to include horse watering and/or limited outside irrigation. c. A total of three horses or equivalent livestock may be boarded on site. If less than three horses or equivalent livestock are boarded, the water that would otherwise be used by such animal(s) may be used to irrigate lawn grass or gardens. Water requirements for horses are assumed to be 10 gallons per animal per day. Gross irrigation requirements for lawn grass are anticipated to be no more than 1.25 acre feet of water per irrigated acre. Gross irrigation requirements for gardens are anticipated to be no more than 0.5 of an acre foot of water per irrigated acre. The total volume of water required for the expanded purposes is projected to be no more than approximately 0.043 of an acre foot per year. d. All of the water supplied to horses or equivalent livestock is assumed to be consumed. Consumption of lawn grass at this location is 1.0 acre foot per acre. Consumption of gardens is 0.4 of an acre foot per acre. Maximum stream depletions are not anticipated to exceed 0.034 of an acre foot per year. e. The required volume of augmentation water will be provided from the sources described in Paragraph No. 2, above. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration. f. Whenever possible, depletions to the stream system which occur during the period April through October, inclusive, will be continuously augmented by MMRC forgoing the diversion of a portion of its Warrior Ditch and/or Harriman Ditch direct flow water rights. During times when MMRC's direct flow water rights are not in priority and during the months of November through March, inclusive, depletions will primarily be augmented by periodically releasing water from the Soda Lakes Reservoirs. g. Since the point of depletion associated with water use from the Ferrero-Sheppard Well No. 1 is on a side tributary of Bear

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Creek and upstream of the Harriman Ditch headgate, the Ferrero-Sheppard Family Trust asserts an appropriative right of substitute supply and exchange pursuant to Sections 37-80-120 and 37-92-302(1)(a), 10 C.R.S. The reach of the exchange shall extend from 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, Colorado; thence up Bear Creek to its confluence with Kerr Gulch in the NE 1/4 SW 1/4 of Section 36, Township 4 South, Range 71 West, 6th P.M.; and thence up Kerr Gulch to the point where depletions from the Ferrero-Sheppard Well No. 1 impacts Kerr Gulch in the SW 1/4 NE 1/4 of Section 21, Township 4 South, Range 71 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in Kerr Gulch, Bear Creek and the South Platte River as the depletions occur. The exchange will be administered with a priority date of July 31, 2003, at a maximum flow rate of 0.001 of a cubic foot per second. 4. Names and Addresses of Owners of Land on which Structures are or will be Located: a. Harriman Ditch and Warrior Ditch: Harriman Ditch Company, c/o Jerry Foster, 1600 West 12th Avenue, Denver, Colorado 80204-3412. b. Soda Lakes Reservoir Nos. 1 and 2: Soda Lakes Reservoir and Mineral Water Company, c/o Jerry Foster, 1600 West 12th Avenue, Denver, Colorado 80204-3412. c. Meadowview Reservoir: Evergreen Memorial Park, Inc., 26624 North Turkey Creek Road, Evergreen, Colorado 80439. d. Structure described in Paragraph No. 1: Ferrero-Sheppard Family Trust, as above described. WHEREFORE, the Ferrero-Sheppard Family Trust requests the entry of a decree approving this Application, specifically determining that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights. The Trust also requests a determination that the well described herein can be operated to water horses and irrigate vegetation without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. The Trust further requests the entry of an Order directing the State Engineer to issue permit for the expanded use of the subject well if requested by the Trust. (8 pages). 03CW279 JENNIFER L. JOHNSON, P. O. Box 769, Indian Hills, Colorado 80454, NORTH FORK ASSOCIATES, LLC and the MOUNTAIN MUTUAL RESERVOIR COMPANY, 2525 South Wadsworth Blvd., Suite 306, Denver, Colorado 80227. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR UNDERGROUND WATER RIGHTS, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT. IN JEFFERSON COUNTY. APPLICATION FOR UNDERGROUND WATER RIGHTS: 1. Names of Wells and Permit, Registration or Denial Numbers: Mica Ridge Well No. 1 (Permit No. 182618), Mica Ridge Well No. 2, Mica Ridge Well No. 3, Mica Ridge Well No. 4, Mica Ridge Well No. 5 (Permit No. 131562), Mica Ridge Well No. 6, Kuehster Well No. 1, Kuehster Well No. 2 and Kuehster Well No. 3. 2. Legal Description of the Wells: Mica Ridge Well No. 1 is located in the NE 1/4 NW 1/4 of Section 3, Township 6 South, Range 70 West, 6th P.M., Jefferson County, Colorado, at a point approximately 600 feet South of the North Section line and 2,000 feet East of the West Section line of said Section 3. Mica Ridge Well No. 5 is located in the SE 1/4 NW 1/4 of Section 3, Township 6 South, Range 70 West, 6th P.M., Jefferson County, Colorado, at a point approximately 2,010 feet South of the North Section line and 2,250 feet East of the West Section line of said Section 3. Pursuant to Policy Memo No. 99-1 of the State Engineer, Jennifer L. Johnson ("Johnson"), requests conditional underground water rights for the Mica Ridge Well Nos. 2, 3, 4 and 6, and for the Kuehster Well Nos. 1, 2 and 3. The exact

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locations of the wells will not be known until the subdivision of the properties described in Claim No. 2 are approved by Jefferson County. However, the Mica Ridge Well Nos. 2, 3, 4 and 6 can generally be described as being within the E 1/2 NW 1/4 of Section 3, Township 6 South, Range 70 West, 6th P.M., Jefferson County, Colorado. The Kuehster Well Nos. 1, 2 and 3 can generally be described as being within the W 1/2 SE 1/4 and the E 1/2 SW 1/4 of Section 34, Township 6 South, Range 70 West, 6th P.M., Jefferson County, Colorado. 3.A. Source of Water: Mica Ridge Well Nos. 1, 2, 3 and 4: Ground water which is tributary to Switzers Gulch, South Turkey Creek, Turkey Creek, Bear Creek and the South Platte River. Mica Ridge Well Nos. 5 and 6, and Kuehster Well Nos. 1, 2 and 3: Ground water which is tributary to Deer Creek and the South Platte River. 3.B. Depth of Mica Ridge Well No. 1: 700 feet. Depth of Mica Ridge Well No. 5: 500 feet. Depth of Mica Ridge Well Nos. 2, 3, 4 and 6, and Kuehster Well Nos. 1, 2 and 3: 700 feet, approximate. 4.A. Dates of Appropriation: Mica Ridge Well No. 1: October 18, 1994. Mica Ridge Well No. 5: July 22, 1983. Mica Ridge Well Nos. 2, 3, 4 and 6, and Kuehster Well Nos. 1, 2 and 3: July 31, 2003. 4.B. How Appropriation was Initiated: Issuance of well permits by the Colorado Division of Water Resources and the filing of this Application. 4.C. Dates Water Applied to Beneficial Use: Mica Ridge Well No. 1: November 4, 1996. Mica Ridge Well No. 5: September 30, 1983. Mica Ridge Well Nos. 2, 3, 4 and 6, and Kuehster Well Nos. 1, 2 and 3: N/A. 5. Amount Claimed: Mica Ridge Well No. 1: 1 gallon per minute, Absolute, and 14 gallons per minute, Conditional. Mica Ridge Well No. 5: 2 gallons per minute, Absolute, and 13 gallons per minute, Conditional. Mica Ridge Well Nos. 2, 3, 4 and 6, and Kuehster Well Nos. 1, 2 and 3: 15 gallons per minute, Conditional.. 6. Uses: Ordinary household purposes inside a single family dwelling, the watering of domestic animals, the irrigation of lawns and gardens and fire protection purposes. 7. Name and Address of Owner of Land and on which the Wells are or will be Located: Jennifer L. Johnson, as described above. 8. Remarks: Permits for the Mica Ridge Well Nos. 1 and 5 were originally issued pursuant to 37-92-602, 10 C.R.S. Upon approval of the plan for augmentation being requested, new well permit applications for both wells will be submitted to the State Engineer, along with a request that Permit Nos. 131562 and 182618 be cancelled. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT: 1. Names of Structures to be Augmented: The wells described above. 2. Water Rights to be Used for Augmentation Purposes. a. Johnson has entered into a contract with North Fork Associates, LLC to purchase 16.8 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 16.8 shares represent the right to receive 0.527 of an acre foot of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders, as more particularly described below. b. The water rights which MMRC owns for the benefit of its shareholders (hereinafter referred to as the "Bear Creek/Turkey Creek water rights"), are summarized as follows: i. Harriman Ditch. 7.71 shares of the 400 shares of capital stock (1.93%), issued and outstanding in the Harriman Ditch Company. Said Company owns direct flow water rights decreed to the Harriman Ditch. Pursuant to the Decree entered in Civil Action No. 6832, on February 4, 1884, the Ditch was awarded the following direct flow priorities:

Appropriation Priority MMRC Date No. Source Amount Entitlement

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April 15, 1868 21 Turkey Creek 10.75 cfs 0.2072 cfs March 16, 1869 23 Bear Creek 7.94 cfs 0.1530 cfs May 1, 1871 25 Bear Creek 25.54 cfs 0.4923 cfs March 1, 1882 30 Bear Creek 12.87 cfs 0.2481 cfs



The headgates of the Warrior Ditch are the same as those of the Harriman Ditch, described above. The Ditch was originally decreed for irrigation purposes. iii. Soda Lakes Reservoir Nos. 1 and 2. 8.71 shares of the 400 shares of capital stock (2.18%), issued and outstanding in the Soda Lakes Reservoir and Mineral Water Company. Said Company owns storage water rights decreed to the Soda Lakes Reservoir Nos. 1 and 2. Pursuant to the Decree entered in Civil Action No. 91471 on September 24, 1935, the Soda Lake Reservoir Nos. 1 and 2 were adjudicated for 1,794 acre feet for irrigation purposes, and 598 acre feet for storage for supplying the City of Denver with water for municipal purposes, including the watering of lawns and gardens. The date of appropriation awarded the structures was February 11, 1893. The Soda Lakes Reservoirs are located in Section 1, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Reservoirs are filled through the Harriman Ditch. iv. Meadowview Reservoir. The structure is located in the NE 1/4 SW 1/4 and the NW 1/4 SE 1/4 of Section 26, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado. Meadowview Reservoir was awarded a conditional water right in Case No. 2001CW294, in an amount of water up to 50 acre feet, for augmentation, replacement, exchange and substitution purposes, with the understanding that the amount will be reduced to the difference between 50 acre feet and the volume of water decreed in Case No. 94CW290 for the same purposes. The source is water tributary to North Turkey Creek. Harriman Ditch and Warrior Ditch direct flow water and water available to MMRC in the Soda Lakes Reservoirs will also be stored in Meadowview Reservoir by exchange pursuant to the appropriative rights of substitution and exchange decreed in Case Nos. 2000CW060 and 2001CW293, and the currently pending claim in Case No. 94CW290. c. The overall "firm" yield of consumptive use water available from the MMRC portfolio of Bear Creek/Turkey Creek water rights and storage facilities was quantified in the Decree entered by the District Court for Water Division 1 in Case No. 2001CW293, dated July 16, 2003. The terms and conditions under which the Bear Creek/Turkey Creek water rights

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are used for augmentation and replacement purposes are set forth in the Decree in Case No. 2001CW293, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the Decree in Case No. 2001CW293 for more detailed information. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under Sections 37-92-103(9), 302(1)(2) and 305(8), 10 C.R.S.: a. Johnson proposes to subdivide two non contiguous tracts of land. One of the tracts, consisting of approximately 54 acres, is located in the E 1/2 NW 1/4, Section 3, Township 6 South, Range 70 West, 6th P.M., Jefferson County, Colorado, ("Mica Ridge property"). The Mica Ridge property straddles the South Turkey Creek and Deer Creek drainage basins. Five single family dwellings, an apartment and a stable will be constructed on the Mica Ridge property. The other tract, consisting of approximately 35 acres, is located in the W 1/2 SE 1/4 and the E 1/2 SW 1/4, Section 34, Township 6 South, Range 70 West, 6th P.M., Jefferson County, Colorado, ("Kuehster property"). The Kuehster property is located entirely in the Deer Creek drainage basin. Three single family dwellings will be constructed on the Kuehster property. The water supply for each development will be obtained from the wells described in Claim No. 1. b. Wastewater from all in-building uses of water will be treated utilizing non-evaporative septic systems with soil absorption leach fields. Return flows will be to both South Turkey Creek and Deer Creek. c. Based on prior engineering studies of similar residential subdivisions, it is assumed that the maximum average occupancy for each single family residence will be 3.5 persons per residence and the maximum average occupancy of the apartment will be 2.0 persons. Per capita daily water usage will not exceed 80 gallons as an annual average. The augmentation plan will also cover depletions attributable to the following water uses: (a) The irrigation of 500 square feet of lawn grass, or equivalent gardens, on one lot to be located in the South Turkey Creek drainage basin; (b) The irrigation of 500 square feet of lawn grass, or equivalent gardens, on one lot to be located in the Deer Creek drainage basin; and (c) The watering of 21 horses. Water requirements for horses are assumed to be 10 gallons per animal per day. Gross irrigation requirements for lawn grass are anticipated to be no more than 1.25 acre feet of water per irrigated acre. Gross irrigation requirements for gardens are anticipated to be no more than 0.5 of an acre foot of water per irrigated acre. The total volume of water required for the developments being proposed is projected to be approximately 3.0 acre feet per year. d. Depletions associated with water which is used inside the single family residences and the apartment will be based on a ten percent (10%) consumption factor. All of the water supplied to horses is assumed to be consumed. Consumption of lawn grass at this location is 1.0 acre foot per acre. Consumption of gardens is 0.4 of an acre foot per acre. e. Three of the wells will divert and return water that is tributary to South Turkey Creek. Five of the wells will divert and return water that is tributary to Deer Creek. One of the wells will divert water that is tributary to South Turkey Creek, but the return flows will be to Deer Creek. Maximum stream depletions are not anticipated to exceed 0.527 of an acre foot per year. All of the projected stream depletions will impact South Turkey Creek. There will be no depletions to the flow of water in Deer Creek due to the transbasin diversion from the Mica Ridge Well No. 5. f. The required volume of augmentation water will be provided from the sources described in Paragraph No. 2, above. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration. g. During those times when the exchange decreed in Case No. 2001CW293 can be operated, depletions to South Turkey Creek, Turkey

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Creek and points downstream will be augmented by either continuously leaving a portion of MMRC's direct flow water rights in the stream or periodically releasing water stored in the Soda Lakes Reservoirs. During times when such an exchange cannot be operated, depletions will primarily be augmented by periodically releasing water from Meadowview Reservoir. h. Since the point of depletion associated with water use from the wells described herein is to a side tributary of South Turkey Creek, Johnson asserts an appropriative right of substitute supply and exchange pursuant to Sections 37-80-120 and 37-92-302(1)(a), 10 C.R.S. The reach of the exchange shall extend from 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, Colorado; thence up Turkey Creek to the confluence of North Turkey Creek and South Turkey Creek in the NW 1/4 NW 1/4 of Section 27, Township 5 South, Range 70 West, 6th P.M.; thence up South Turkey Creek to its confluence with Switzers Gulch in the NE 1/4 SW 1/4 of Section 34, Township 5 South, Range 70 West, 6th P.M.; and thence up Switzers Gulch to the point where depletions from the wells impact Switzers Gulch in the SE 1/2 SW 1/4 of Section 34, Township 5 South, Range 70 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in Switzers Gulch, South Turkey Creek, Turkey Creek, Bear Creek and the South Platte River as the depletions occur. The exchange will be administered with a priority date of July 31, 2003, at a maximum flow rate of 0.002 of a cubic foot per second. 4. Names and Addresses of Owners of Land on which Structures are or will be Located: a. Harriman Ditch and Warrior Ditch: Harriman Ditch Company, c/o Jerry Foster, 1600 West 12th Avenue, Denver, Colorado 80204-3412. b. Soda Lakes Reservoir Nos. 1 and 2: Soda Lakes Reservoir and Mineral Water Company, c/o Jerry Foster, 1600 West 12th Avenue, Denver, Colorado 80204-3412. c. Meadowview Reservoir: Evergreen Memorial Park, Inc., 26624 North Turkey Creek Road, Evergreen, Colorado 80439. d. Structures described in Paragraph No. 1: Jennifer L. Johnson, as above described. WHEREFORE, Johnson requests the entry of a decree approving this Application, specifically determining that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights. Johnson also requests a determination that the wells described herein can be operated without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. Johnson further requests the entry of an Order directing the State Engineer to issue permits for the construction and use of the subject wells. (9 pages). 03CW280 JAMES ETTER and MARY LOUISE ETTER, 107 Colnbrook Road, Irmo, South Carolina 29063, NORTH FORK ASSOCIATES, LLC and the MOUNTAIN MUTUAL RESERVOIR COMPANY, 2525 South Wadsworth Blvd., Suite 306, Denver, Colorado 80227. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR UNDERGROUND WATER RIGHTS, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT. IN JEFFERSON COUNTY. APPLICATION FOR UNDERGROUND WATER RIGHTS: 1. Names of Wells and Permit, Registration or Denial Numbers: Etter Well No. 1 (Permit No. 176466), Etter Well No. 2 and Etter Well No. 3. 2. Legal Description of the Wells: Etter Well No. 1 is located in the NE 1/4 NE 1/4 of Section 8, Township 6 South, Range 71 West, 6th P.M., Jefferson County, Colorado, at a point approximately 200 feet South of the North Section line and 300 feet East of the West Section line of said Section 8. It can also be described as being located on Lot 1 of the Etter Subdivision. Pursuant to Policy Memo No. 99-1 of the State Engineer, James Etter and Mary Louise Etter ("Etters"), request conditional

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underground water rights for the Etter Well Nos. 2 and 3. The exact locations of the wells will not be known until the location of the residence to be served is finally determined. However, the wells can generally be described as being within the NE 1/4 NE 1/4 of Section 8 and the NW 1/4 NW 1/4 of Section 9, Township 6 South, Range 71 West, 6th P.M., Jefferson County, Colorado. 3.A. Source of Water: Ground water which is tributary to Blue Creek, Cub Creek, Bear Creek and the South Platte River. 3.B. Depth of Etter Well No. 1: 551 feet. Depth of Etter Well Nos. 2 and 3: 700 feet, approximate. 4.A. Dates of Appropriation: Etter Well No. 1: November 15, 1995. Etter Well Nos. 2 and 3: July 31, 2003. 4.B. How Appropriation was Initiated: Issuance of a well permit by the Colorado Division of Water Resources and the filing of this Application. 4.C. Dates Water Applied to Beneficial Use: Etter Well No. 1: January 31, 1996. Etter Well Nos. 2 and 3: N/A. 5. Amount Claimed: Etter Well No. 1: 5 gallons per minute, Absolute, and 10 gallons per minute, Conditional. Etter Well Nos. 2 and 3: 15 gallons per minute, Conditional. 6. Uses: Ordinary household purposes inside a single family dwelling, the watering of domestic animals, the irrigation of lawns and gardens and fire protection purposes. 7. Name and Address of Owner of Land and on which the Wells are or will be Located: James Etter and Mary Louise Etter, as described above. 8. Remarks: The Permit for the Etter Well No. 1 was originally issued pursuant to 37-92-602, 10 C.R.S. Upon approval of the plan for augmentation being requested, a new well permit application for the well will be submitted to the State Engineer, along with a request that Permit No. 176466 be cancelled. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT: 1. Names of Structures to be Augmented: The wells described above. 2. Water Rights to be Used for Augmentation Purposes. a. The Etters have entered into a contract with North Fork Associates, LLC to purchase 5.2 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 5.2 shares represent the right to receive 0.162 of an acre foot of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders, as more particularly described below. b. The water rights which MMRC owns for the benefit of its shareholders (hereinafter referred to as the "Bear Creek/Turkey Creek water rights"), are summarized as follows: i. Harriman Ditch. 7.71 shares of the 400 shares of capital stock (1.93%), issued and outstanding in the Harriman Ditch Company. Said Company owns direct flow water rights decreed to the Harriman Ditch. Pursuant to the Decree entered in Civil Action No. 6832, on February 4, 1884, the Ditch was awarded the following direct flow priorities:


The Bear Creek headgate of the Harriman Ditch is located on the South bank of Bear Creek in the NE 1/4 NE 1/4, Section 2, Township 5 South, Range 70 West, 6th P.M., Jefferson County, Colorado. The Turkey Creek headgate of the Harriman Ditch is located on the South bank of Turkey Creek near the Southwest corner of Section 6, Township 5 South, Range 69 West, 6th P.M., Jefferson County, Colorado. The Ditch was originally decreed for irrigation, livestock

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watering, domestic and municipal purposes. ii. Warrior Ditch. 2.0 shares of the 160 shares of capital stock (1.25%), issued and outstanding in the Warrior Ditch Company. Said Company owns direct flow water rights decreed to the Warrior Ditch. Pursuant to the Decree entered in Civil Action No. 6832 on February 4, 1884, the Ditch was awarded the following direct flow priorities:


The headgates of the Warrior Ditch are the same as those of the Harriman Ditch, described above. The Ditch was originally decreed for irrigation purposes. iii. Soda Lakes Reservoir Nos. 1 and 2. 8.71 shares of the 400 shares of capital stock (2.18%), issued and outstanding in the Soda Lakes Reservoir and Mineral Water Company. Said Company owns storage water rights decreed to the Soda Lakes Reservoir Nos. 1 and 2. Pursuant to the Decree entered in Civil Action No. 91471 on September 24, 1935, the Soda Lake Reservoir Nos. 1 and 2 were adjudicated for 1,794 acre feet for irrigation purposes, and 598 acre feet for storage for supplying the City of Denver with water for municipal purposes, including the watering of lawns and gardens. The date of appropriation awarded the structures was February 11, 1893. The Soda Lakes Reservoirs are located in Section 1, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Reservoirs are filled through the Harriman Ditch. iv. Meadowview Reservoir. The structure is located in the NE 1/4 SW 1/4 and the NW 1/4 SE 1/4 of Section 26, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado. Meadowview Reservoir was awarded a conditional water right in Case No. 2001CW294, in an amount of water up to 50 acre feet, for augmentation, replacement, exchange and substitution purposes, with the understanding that the amount will be reduced to the difference between 50 acre feet and the volume of water decreed in Case No. 94CW290 for the same purposes. The source is water tributary to North Turkey Creek. Harriman Ditch and Warrior Ditch direct flow water and water available to MMRC in the Soda Lakes Reservoirs will also be stored in Meadowview Reservoir by exchange pursuant to the appropriative rights of substitution and exchange decreed in Case Nos. 2000CW060 and 2001CW293, and the currently pending claim in Case No. 94CW290. c. The overall "firm" yield of consumptive use water available from the MMRC portfolio of Bear Creek/Turkey Creek water rights and storage facilities was quantified in the Decree entered by the District Court for Water Division 1 in Case No. 2001CW293, dated July 16, 2003. The terms and conditions under which the Bear Creek/Turkey Creek water rights are used for augmentation and replacement purposes are set forth in the Decree in Case No. 2001CW293, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the Decree in Case No. 2001CW293 for more detailed information. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under Sections 37-92-103(9), 302(1)(2) and 305(8), 10 C.R.S.: a. The Etters have subdivided a tract of land, consisting of approximately 40 acres, into three residential lots known as the Etter Subdivision. The property is located in the NE 1/4 NE 1/4 of Section 8 and the NW 1/4 NW 1/4 of Section 9, Township 6 South, Range 71 West,

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6th P.M., Jefferson County, Colorado. The water supply for the lots will be obtained from the Etter Well Nos. 1, 2 and 3. b. Wastewater from all in-building uses of water will be treated utilizing non-evaporative septic systems with soil absorption leach fields. Return flows will be to Blue Creek, Cub Creek and Bear Creek. c. Based on prior engineering studies of similar residential subdivisions, it is assumed that the maximum average occupancy for each single family residence will be 3.5 persons per residence and that the per capita daily water usage will not exceed 80 gallons as an annual average. The augmentation plan will also cover the irrigation of 500 square feet of lawn grass, or equivalent gardens, per lot, and the watering of three horses on Lot 1 of the Subdivision. Water requirements for horses are assumed to be 10 gallons per animal per day. Gross irrigation requirements for lawn grass are anticipated to be no more than 1.25 acre feet of water per irrigated acre. Gross irrigation requirements for gardens are anticipated to be no more than 0.5 of an acre foot of water per irrigated acre. The total volume of water required for the three lots is projected to be approximately 1.0 acre foot per year. d. Depletions associated with water which is used inside the single family residences will be based on a ten percent (10%) consumption factor. All of the water supplied to horses is assumed to be consumed. Consumption of lawn grass at this location is 1.0 acre foot per acre. Consumption of gardens is 0.4 of an acre foot per acre. Maximum stream depletions are not anticipated to exceed 0.162 of an acre foot per year. e. The required volume of augmentation water will be provided from the sources described in Paragraph No. 2, above. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration. f. Whenever possible, depletions to the stream system which occur during the period April through October, inclusive, will be continuously augmented by MMRC forgoing the diversion of a portion of its Warrior Ditch and/or Harriman Ditch direct flow water rights. During times when MMRC's direct flow water rights are not in priority and during the months of November through March, inclusive, depletions will primarily be augmented by periodically releasing water from the Soda Lakes Reservoirs. g. Since the point of depletion associated with water use from the Etter Well Nos. 1, 2 and 3 is on a side tributary of Bear Creek and upstream of the Harriman Ditch headgate, the Etters assert an appropriative right of substitute supply and exchange pursuant to Sections 37-80-120 and 37-92-302(1)(a), 10 C.R.S. The reach of the exchange shall extend from 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, Colorado; thence up Bear Creek to its confluence with Cub Creek in the SW 1/4 NE 1/4 of Section 10, Township 5 South, Range 71 West, 6th P.M.; thence up Cub Creek to its confluence with Blue Creek in the NE 1/4 NW 1/4 of Section 28, Township 5 South, Range 71 West, 6th P.M.; and thence up Blue Creek to the point where depletions from the wells impact Blue Creek in the SE 1/2 SE 1/4 of Section 5, Township 5 South, Range 71 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in Blue Creek, Cub Creek, Bear Creek and the South Platte River as the depletions occur. The exchange will be administered with a priority date of July 31, 2003, at a maximum flow rate of 0.001 of a cubic foot per second. 4. Names and Addresses of Owners of Land on which Structures are or will be Located: a. Harriman Ditch and Warrior Ditch: Harriman Ditch Company, c/o Jerry Foster, 1600 West 12th Avenue, Denver, Colorado 80204-3412. b. Soda Lakes Reservoir Nos. 1 and 2: Soda Lakes Reservoir and Mineral Water Company, c/o Jerry Foster, 1600 West 12th Avenue, Denver, Colorado 80204-3412. c. Meadowview Reservoir: Evergreen Memorial Park, Inc., 26624 North Turkey Creek Road,

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Evergreen, Colorado 80439. d. Structures described in Paragraph No. 1: James Etter and Mary Louise Etter, as above described. WHEREFORE, the Etters request the entry of a decree approving this Application, specifically determining that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights. The Etters also request a determination that the wells described herein can be operated without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. The Etters further request the entry of an Order directing the State Engineer to issue permits for the construction and use of the subject wells. (8 pages). 03CW281 PEGGY B. GRAHAM and HELEN C. BURLESON, 9830 Niwot Road, Longmont, Colorado 80504, NORTH FORK ASSOCIATES, LLC and the MOUNTAIN MUTUAL RESERVOIR COMPANY, 2525 South Wadsworth Blvd., Suite 306, Denver, Colorado 80227. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR UNDERGROUND WATER RIGHTS, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT. IN JEFFERSON COUNTY. APPLICATION FOR UNDERGROUND WATER RIGHTS: 1. Names of Wells and Permit, Registration or Denial Numbers: Burleson Well No. 1 (Permit No. 235871), Burleson Well No. 2 (Permit No. 235872), Burleson Well No. 3 and Burleson Well No. 4. 2. Legal Description of the Wells: Burleson Well No. 1 is located in the NW 1/4 NE 1/4 of Section 29, Township 4 South, Range 70 West, 6th P.M., Jefferson County, Colorado, at a point approximately 1,280 feet South of the North Section line and 1,872 feet West of the East Section line of said Section 29. Burleson Well No. 2 is located in the NW 1/4 NE 1/4 of Section 29, Township 4 South, Range 70 West, 6th P.M., Jefferson County, Colorado, at a point approximately 990 feet South of the North Section line and 1,920 feet West of the East Section line of said Section 29. Pursuant to Policy Memo No. 99-1 of the State Engineer, Helen C. Burleson and Peggy B. Graham ("Burleson and Graham"), request conditional underground water rights for the Burleson Well Nos. 3 and 4. The exact locations of the wells will not be known until the subdivision of the property described herein is approved by Jefferson County. However, the wells can generally be described as being within the NW 1/4 NE 1/4 of Section 29, Township 4 South, Range 70 West, 6th P.M., Jefferson County, Colorado. 3.A. Source of Water: Ground water which is tributary to Sawmill Gulch, Bear Creek and the South Platte River. 3.B. Depth of all Wells: 700 feet, approximate. 4.A. Dates of Appropriation: Burleson Well No. 1: September 4, 2001. Burleson Well No. 2: September 4, 2001. Burleson Well Nos. 3 and 4: July 31, 2003. 4.B. How Appropriation was Initiated: Issuance of well permits by the Colorado Division of Water Resources and the filing of this Application. 4.C. Dates Water Applied to Beneficial Use: N/A. 5. Amount Claimed: 15 gallons per minute, Conditional, for each well. 6. Uses: Ordinary household purposes inside a single family dwelling, the watering of domestic animals, the irrigation of lawns and gardens and fire protection purposes. 7. Name and Address of Owner of Land and on which the Wells are or will be Located: Helen C. Burleson and Peggy B. Graham, as described above. 8. Remarks: Permits for the Burleson Well Nos. 1 and 2 were originally issued pursuant to 37-92-602, 10 C.R.S. Upon approval of the plan for augmentation being requested, new well permit applications for both wells will be submitted to the State Engineer, along with a request that Permit Nos. 235871 and 235872 be cancelled. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT: 1. Names of Structures to be Augmented: The wells described above. 2. Water Rights

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to be Used for Augmentation Purposes. a. Burleson and Graham have entered into a contract with North Fork Associates, LLC to purchase 8.3 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 8.3 shares represent the right to receive 0.26 of an acre foot of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders, as more particularly described below. b. The water rights which MMRC owns for the benefit of its shareholders (hereinafter referred to as the "Bear Creek/Turkey Creek water rights"), are summarized as follows: i. Harriman Ditch. 7.71 shares of the 400 shares of capital stock (1.93%), issued and outstanding in the Harriman Ditch Company. Said Company owns direct flow water rights decreed to the Harriman Ditch. Pursuant to the Decree entered in Civil Action No. 6832, on February 4, 1884, the Ditch was awarded the following direct flow priorities:




The headgates of the Warrior Ditch are the same as those of the Harriman Ditch, described above. The Ditch was originally decreed for irrigation purposes. iii. Soda Lakes Reservoir Nos. 1 and 2. 8.71 shares of the 400 shares of capital stock (2.18%), issued and outstanding in the Soda Lakes Reservoir and Mineral Water Company. Said Company owns storage water rights decreed to the Soda Lakes Reservoir Nos. 1 and 2. Pursuant to the Decree entered in Civil Action No. 91471 on September 24, 1935, the Soda Lake Reservoir Nos. 1 and 2 were adjudicated for 1,794 acre feet for irrigation purposes, and 598 acre feet for storage for supplying the City of Denver with water for municipal purposes, including the watering of lawns and gardens. The date of appropriation awarded the structures was February 11, 1893. The Soda Lakes Reservoirs are located in Section

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1, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Reservoirs are filled through the Harriman Ditch. iv. Meadowview Reservoir. The structure is located in the NE 1/4 SW 1/4 and the NW 1/4 SE 1/4 of Section 26, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado. Meadowview Reservoir was awarded a conditional water right in Case No. 2001CW294, in an amount of water up to 50 acre feet, for augmentation, replacement, exchange and substitution purposes, with the understanding that the amount will be reduced to the difference between 50 acre feet and the volume of water decreed in Case No. 94CW290 for the same purposes. The source is water tributary to North Turkey Creek. Harriman Ditch and Warrior Ditch direct flow water and water available to MMRC in the Soda Lakes Reservoirs will also be stored in Meadowview Reservoir by exchange pursuant to the appropriative rights of substitution and exchange decreed in Case Nos. 2000CW060 and 2001CW293, and the currently pending claim in Case No. 94CW290. c. The overall "firm" yield of consumptive use water available from the MMRC portfolio of Bear Creek/Turkey Creek water rights and storage facilities was quantified in the Decree entered by the District Court for Water Division 1 in Case No. 2001CW293, dated July 16, 2003. The terms and conditions under which the Bear Creek/Turkey Creek water rights are used for augmentation and replacement purposes are set forth in the Decree in Case No. 2001CW293, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the Decree in Case No. 2001CW293 for more detailed information. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under Sections 37-92-103(9), 302(1)(2) and 305(8), 10 C.R.S.: a. Burleson and Graham propose to subdivide a tract of land consisting of approximately 47.5 acres into four residential lots. The property is located in the NE 1/4 of Section 29, Township 4 South, Range 70 West, 6th P.M., Jefferson County, Colorado. The water supply for the lots will be obtained from the Burleson Well Nos. 1, 2, 3 and 4. b. Wastewater from all in-building uses of water will be treated utilizing non-evaporative septic systems with soil absorption leach fields. Return flows will be to Sawmill Gulch and Bear Creek. c. Based on prior engineering studies of similar residential subdivisions, it is assumed that the maximum average occupancy for each single family residence will be 3.5 persons per residence and that the per capita daily water usage will not exceed 80 gallons as an annual average. The augmentation plan will also cover the irrigation of 500 square feet of lawn grass, or equivalent gardens, per lot, and the watering of eight horses. Water requirements for horses are assumed to be 10 gallons per animal per day. Gross irrigation requirements for lawn grass are anticipated to be no more than 1.25 acre feet of water per irrigated acre. Gross irrigation requirements for gardens are anticipated to be no more than 0.5 of an acre foot of water per irrigated acre. The total volume of water required for the four lots is projected to be approximately 1.4 acre feet per year. d. Depletions associated with water which is used inside the single family residences will be based on a ten percent (10%) consumption factor. All of the water supplied to horses is assumed to be consumed. Consumption of lawn grass at this location is 1.0 acre foot per acre. Consumption of gardens is 0.4 of an acre foot per acre. Maximum stream depletions are not anticipated to exceed 0.26 of an acre foot per year. e. The required volume of augmentation water will be provided from the sources described in Paragraph No. 2, above. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration. f. Whenever possible, depletions to the stream system which occur during the period April through October, inclusive,

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will be continuously augmented by MMRC forgoing the diversion of a portion of its Warrior Ditch and/or Harriman Ditch direct flow water rights. During times when MMRC's direct flow water rights are not in priority and during the months of November through March, inclusive, depletions will primarily be augmented by periodically releasing water from the Soda Lakes Reservoirs. g. Since the point of depletion associated with water use from the Burleson Well Nos. 1, 2, 3 and 4 is on a side tributary of Bear Creek and upstream of the Harriman Ditch headgate, Burleson and Graham assert an appropriative right of substitute supply and exchange pursuant to Sections 37-80-120 and 37-92-302(1)(a), 10 C.R.S. The reach of the exchange shall extend from 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, Colorado; thence up Bear Creek to its confluence with Sawmill Gulch in the NE 1/4 NE 1/4 of Section 32, Township 4 South, Range 70 West, 6th P.M.; and thence up Sawmill Gulch to the point where depletions from the wells impact Sawmill Gulch in the NE 1/2 SE 1/4 of Section 29, Township 4 South, Range 70 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in Sawmill Gulch, Bear Creek and the South Platte River as the depletions occur. The exchange will be administered with a priority date of July 31, 2003, at a maximum flow rate of 0.001 of a cubic foot per second. 4. Names and Addresses of Owners of Land on which Structures are or will be Located: a. Harriman Ditch and Warrior Ditch: Harriman Ditch Company, c/o Jerry Foster, 1600 West 12th Avenue, Denver, Colorado 80204-3412. b. Soda Lakes Reservoir Nos. 1 and 2: Soda Lakes Reservoir and Mineral Water Company, c/o Jerry Foster, 1600 West 12th Avenue, Denver, Colorado 80204-3412. c. Meadowview Reservoir: Evergreen Memorial Park, Inc., 26624 North Turkey Creek Road, Evergreen, Colorado 80439. d. Structures described in Paragraph No. 1: Helen C. Burleson and Peggy B. Graham, as above described. WHEREFORE, Burleson and Graham request the entry of a decree approving this Application, specifically determining that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights. Burleson and Graham also request a determination that the wells described herein can be operated without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. Burleson and Graham further request the entry of an Order directing the State Engineer to issue permits for the construction and use of the subject wells. (8 pages). 03CW282, WALTER SCHREIBMAN AND SALLY BERGER, THOMAS AND LISA DAVIS, AND RONALD AND ELNORE GROW, APPLICATION TO MAKE CONDITIONAL WATER RIGHT ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE, IN JEFFERSON COUNTY. 1. Names, addresses and telephone numbers of Applicants: Walter Schreibman, Sally Berger, Thomas and Lisa Davis, and Ronald and Elnore Grow, c/o 17940 W. Alameda Parkway, Golden, CO 80401 (303) 697-8797. (Carmen S. Hall, Esq., Petrock & Fendel, PC, 700 Seventeenth Street, Suite 1800, Denver, CO 80202 (303) 534-0702). 2.Description of Conditional Right. Decreed on July 14, 1997 in Case No. 96CW103, District Court, Water Division 1. The conditional right of exchange is decreed for a maximum rate of flow of 0.00396 cfs to the extent of 0.934 acre-feet per year using water purchased from the Mountain Mutual Reservoir Company (MMRC). The exchange is to provide augmentation water for operation of four residential wells to be located in part of Section 26, T4S, R70W, known as Red Rocks Estates Subdivision. The wells withdrawal water which is tributary to Mount Vernon Creek, tributary to Bear Creek, tributary to the South Platte River. The conditional exchange augments and replaces stream depletions to Mount Vernon Creek and Bear Creek which occur as a result of water use at Red Rocks Estates, by foregoing diversions of MMRC’s Warrior Ditch or Harriman Ditch water rights. Additionally, water previously stored in the Soda Lakes Reservoir Nos. 1 and 2, Spinney Mountain Reservoir, Woodside Reservoir and Lower Sacramento Creek Reservoir No. 1 will be released to the stream system. The water to be delivered by exchange to the point where depletions from the subject wells impact the flow of water in Mount

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Vernon Creek and Bear Creek. The reach of the exchange extends from the confluence of Bear Creek and the South Platte River in the NW1/4 of Section 4, T5S, R68W; thence up Bear Creek to its confluence with Mount Vernon Creek in the SE1/4 of Section 35, T4S, R70W; and then up Mount Vernon Creek to the point where depletions from water use at Red Rocks Estates impact Mount Vernon Creek in the W1/2 of Section 26, T4S, R70W. The conditional exchange has a priority date of April 30, 1996, and utilizes water of MMRC, including the following: A. Harriman Ditch, located on the south bank of Bear Creek in the NE1/4 of Section 2, T5S, R70W, and the south bank of Turkey Creek near the SW corner of Section 6, T5S, R69W. B. Warrior Ditch, located at the same headgates as the Harriman Ditch. C. Soda lakes Reservoir Nos. 1 and 2, located in Section 1, T5S, R70W. D. Spinney Mountain Reservoir, located at a point whence the SW corner of Section 36, T12S, R74W, bears S23°26’W, a distance of 8314.3 feet. E. Woodside Reservoir, to be located in the SW1/4 of Section 26, T6S, R72W. F. Lower Sacramento Creek Reservoir No. 1, located in the NW1/4 of Section 32 and SW1/4 of Section 29, T9S, R77W. APPLICATION TO MAKE ABSOLUTE. 3. Final plat approval of the Red Rocks Estates Subdivision was completed in April 1999. Well Permits were issued and wells completed on Lots 1, 2, and 3, Red Rocks Estates. The wells for Lots 2 and 3 began operation under the exchange in 2000 and the well on Lot 3 began operation under the exchange in 2001. The consumptive use associated with each well and which is augmented and replaced pursuant to the exchange is 0.233 acre-feet per well. Therefore, Applicants request that three-quarters of the total conditional right of exchange be made absolute, or a rate of flow of 0.00297 cfs to the extent of 0.699 acre-feet. In the alternative and if this amount is not made absolute, Applicants request that a diligence finding also be made to continue this amount pursuant to the activity described below. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 4. This Application for Finding of Reasonable Diligence is filed pursuant to the Water Right Determination and Administration Act of 1969, §37-92-302, C.R.S. During this diligence period, in continuing the development of all the conditional water rights as decreed in Case No. 96CW103, Applicants have been engaged in the legal defense and protection of said water rights and have been diligent in the continued use and development of the water rights involved. Those activities include but are not limited to the following: A. Platting of Red Rocks Estates Subdivision was completed in 1999, wells have been completed on three residential lots, and water from the wells have been put to beneficial use to serve the three lots under operation of the conditional exchange described above. The fourth well has not been drilled and used, but water has been available for exchange to operate that well. WHEREFORE, Applicants pray that this Court enter a decree finding that Applicant has made part of the conditional water right absolute or has exercised reasonable diligence in the development of the conditional water rights, and for such other and further relief as this Court deems just and proper in the premises. 03CW283 JAMES AND MONTE HAZLET, RICHARD AND RONALD HORTH, MARVIN AND NORMA MILLER, CADANCE TANBERG, AND FINLEY AND COMPANY, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY UPPER AND LOWER ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DENVER AQUIFERS, IN ADAMS COUNTY. 1. Names and Addresses of Applicants: James and Monte Hazlet, 13948 Cavanaugh Road, Hudson, CO 80642; Richard and Ronald Horth, 1625 Northbrook Drive, Fort Collins, CO 80526; Marvin and Norma Miller, 25042 Morgan County Road 3, #165, Weldona, CO 80553; Candace Tanberg, P.O. Box 2665, Frisco, CO 80443; and Finley and Company, 12000 N. Washington St., #100, Thornton, CO 80241 (Carmen S. Hall, Esq., Petrock & Fendel, P.C., 700 17th Street, #1800, Denver, Colorado 80202 (303) 534-0702). 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 735 acres of land located in the E1/2 of Section 19; the N1/2 of Section 30; and part of the N1/2S1/2 of Section 30, T1S, R64W of the 6th P.M., as described and shown on Attachment A hereto. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property subject to Section 37-90-137(4), C.R.S. Applicants Hazlet, Horth, Miller and Tanberg are owners and Applicant Finley and Company has a contract right in the Subject Property. 4. Source of Water Rights: The source of the groundwater to be withdrawn from

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the subject aquifers underlying the Subject Property is nontributary groundwater as described in 37-90-103(10.5), C.R.S. The groundwater to be withdrawn from the Denver aquifer is not nontributary as described in 37-90-137(9)(c), C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon current values in the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicants estimate that the following annual amounts are representative of the subject aquifers underlying the Subject Property: Saturated Estimated Aquifer Thickness Annual Amount Denver 61 feet 77 acre-feet Upper Arapahoe 124 feet 154 acre-feet Lower Arapahoe 90 feet 112 acre-feet Laramie-Fox Hills 148 feet 162 acre-feet The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants and represents a claim to all nontributary and not nontributary groundwater underlying the Subject Property. Applicants may reserve part of the Denver aquifer water which may be available underlying the Subject Property for use through exempt wells located on the Subject Property. 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein and any additional wells which may be completed in the future as Applicants’ well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: The water will be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, and fish and wildlife. Said water will be produced for immediate application to said uses, both on and off the Subject Property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thicknesses, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. WHEREFORE, Applicants pray that this Court enter a Decree: 10. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 11. Specifically determining that: A. Applicants have complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near the Subject Property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Upper and Lower Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater and the groundwater in the Denver aquifer is not nontributary. C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater proposed herein and no findings of diligence are required to maintain these water rights. FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises. 03CW284 ANTHONY AND PATRICIA COLLADO, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND NONTRIBUTARY SOURCES AND APPROVAL OF AUGMENTATION PLAN, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, IN ELBERT COUNTY. 1. Name, address, and telephone number of Applicants: Anthony and Patricia Collado, 2700 County Road 166, Elizabeth, Colorado 80107 (303) 646-9700 (Carmen S. Hall, Esq., Petrock & Fendel, P.C., 700 17th

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Street, #1800, Denver, Colorado 80202 (303)534-0702). 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The wells which will withdraw groundwater from the not nontributary Upper Dawson and nontributary Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers will be located at any location on approximately 40 acres of land, located in part of the NE1/4 of Section 12, T7S, R65W of the 6th P.M., as described and shown on Attachment A hereto ("Subject Property"). 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Upper Dawson aquifer is not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. The groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater as described in 37-90-103(10.5), C.R.S. 5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the subject amounts of groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicants will withdraw the subject groundwater through wells to be located at any location on the Subject Property, including an existing well completed into the Upper Dawson aquifer as permitted in Well Permit No. 204130 which will be repermitted to operate pursuant to the augmentation plan requested below, if necessary. Applicants waive any 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based on current values in the Denver Basin Rules, 2 C.C.R. 402-6. Applicants estimate the following annual amounts are representative of the Upper and Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: Saturated Annual Aquifer Thickness Amount Upper Dawson 145 feet 11.6 acre-feet Lower Dawson 40 feet 3.2 acre-feet Denver 289 feet 19.6 acre-feet Arapahoe 316 feet 21.5 acre-feet Laramie-Fox Hills 177 feet 10.6 acre-feet The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants and represents a claim to all Upper Dawson, Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers’ groundwater underlying the Subject Property. 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein, which may be located anywhere on the Subject Property, and any additional wells which may be completed in the future as Applicants' well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: Applicants will use all water withdrawn from the subject aquifers in a water system to be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, and fire protection uses. Said water will be produced for immediate application to said uses, both on and off the property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Description of plan for augmentation: A. Groundwater to be augmented: All of the Upper Dawson aquifer groundwater over a pumping period of 300 years as requested herein as described in paragraph 5 above. B. Water rights to be used for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. C. Statement of plan for augmentation: Applicants will use the Upper Dawson water to supply four individual wells on four residential lots to be located on the Subject Property at rates of flow of 15 gpm. Three wells will require approximately 0.85 acre-feet per year for 300 years for inhouse use (0.5 acre-feet), irrigation/limited to 5000 square-feet of lawn and garden (0.3 acre-feet), and stockwatering of 4 large domestic animals (0.05 acre-feet), and one well will require approximately 1.3 acre-feet per year for 300 years for inhouse use (0.5 acre-feet), irrigation/limited to 12,000 square-feet of lawn and garden (0.7 acre-feet), and stockwatering of 8 large domestic animals (0.1 acre-feet). Applicants reserve the right to amend these amounts and values without the necessity of amending or republishing this application. Sewage treatment for inhouse use will be provided by a non-evaporative septic system. Consumptive use associated with in-house use will be approximately 10% of water used and it is estimated that approximately 10% of water used for irrigation will be returned to the stream system. Stockwatering uses will be considered to be 100% consumptively used. Before any other type of sewage treatment

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is proposed in the future, including incorporation of the lots into a central sewage collection and treatment system, Applicants, or their successors and assigns, will amend this decree prior to such change and thereby provide notice of the proposed change to other water users by publication procedures required by then existing law. During pumping Applicants will replace actual depletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S. Applicants estimate that depletions may occur to the Running Creek stream system. Return flows from use of the subject water rights via that stream system will accrue to the South Platte river system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an adequate amount of nontributary groundwater underlying the Subject Property to meet augmentation requirements. 10. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thickness, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. C. Applicants will withdraw the Upper Dawson aquifer requested herein over a 300 year pumping period under the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE, Applicants pray that this Court enter a Decree: 11. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 12. Specifically determining that: A. Applicants have complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicants' property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Upper Dawson aquifer is not nontributary and groundwater in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers is nontributary groundwater; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater and the plan for augmentation proposed herein; D. No findings of diligence are required to maintain these water rights. FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises. 03CW285 (95CW198(A)) GLENMOOR COUNTRY CLUB, INC., 110 Glenmoor Drive Cherry Hills Village, CO 80110 c/o Charles B. White, David S. Hayes, Petros & White, LLC 730 17th Street, Suite 820 Denver, Colorado 80202 303-825-1980 APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND FOR MAKING ABSOLUTE A PORTION OF THE CONDITIONAL RIGHTS OF APPROPRIATIVE EXCHANGE, IN ADAMS, ARAPAHOE AND DOUGLAS COUNTIES. Name and Description of Conditional Appropriative Rights of Substitution and Exchange: A. Decree: On July 28, 1997, the District Court, Water Division No. 1, entered a Judgment and Decree in Case No. 95CW198(A), granting Applicant conditional appropriative rights of substitution and exchange (collectively referred to herein as the AGreenwood Gulch Exchanges@). B. Date of Appropriation, Amount and Use: The appropriation date of the Greenwood Gulch Exchanges is September 19, 1994, in the amount of 10 c.f.s., not to exceed 60 acre-feet per month and 150 acre-feet during any calendar year. Water diverted by substitution and exchange is used on the 120 acres which comprises the Glenmoor Golf Course and Country Club, located in the East half of Section 12, T.5S., R.68W., 6th P.M., Arapahoe County, Colorado, for the uses permitted by the Decree in Case No. 95CW198(A). C. Other: The conditional appropriative rights of substitution and exchange decreed in Case No. 95CW198(A) are part of an integrated system of water rights which includes the Greenwood Gulch Pumping Plant, the Glenmoor Ditch and the Glenmoor Ponds, for use on the Glenmoor Golf Course and Country Club. 3. Description of Points of Diversion and Places of Storage of Water Diverted by Substitution and Exchange: A. Greenwood Gulch Pumping Plant: Decreed in Case No. 91CW110, Water Division No. 1, for the diversion of water from Greenwood Gulch, tributary to Little Dry Creek, tributary to the South Platte River, under its own priority with an appropriation dated December 20, 1991 for 5.0 c.f.s., conditional, and pursuant to the water right for the Glenmoor Ditch. The decreed location of the Greenwood Gulch Pumping Plant is at a point in Section 12, T.5S., R.68W., 6th P.M., Arapahoe County, approximately 1,250 feet West of the East section line and 2,500 North of the South section line of said Section 12. B. Glenmoor Ditch: Decreed in Case No. 83CW299,

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Water Division No. 1, on October 3, 1988, with an appropriation date of July 1, 1983, in the amount of 2.2 c.f.s. (1,000 g.p.m.), conditional, from Greenwood Gulch. The Glenmoor Ditch water right was made partially absolute in Case No. 94CW195 in the amount of 0.24 c.f.s. The Greenwood Gulch Pumping Plant was decreed as an alternate point of diversion for the Glenmoor Ditch in Case No. 91CW110. The decreed location of the Glenmoor Ditch is at a point in the SE1/4 SE1/4 of Section 12, T.5S., R.68W., 6th P.M., Arapahoe County, at a point which bears North 44Ε 48' 13" West a distance of 165 feet from the SE corner of Section 12 a/k/a 110 Glenmoor Drive, Cherry Hills Village. C. Glenmoor North Pond, Glenmoor West Pond, and Glenmoor East Pond (collectively, the "Glenmoor Ponds"): Decreed in Case No. 83CW300, Water Division No. 1, for a total of 50-acre feet of storage with a right to refill, conditional, with an appropriation date of July 1, 1983. In Case No. 94CW196, the Water Court decreed 10.40 acre-feet absolute and continued the remaining rights in full force and effect. The decreed locations of the Glenmoor Ponds are as follows: All three ponds are in the SE1/4, S.12, T.5S., R. 68W., 6th P.M., Arapahoe County, a/k/a 110 Glenmoor Drive, Cherry Hills Village: i. Glenmoor North Pond spillway at a point approximately 20 feet South and 1350 feet West of E1/4 Corner of S.12. ii. Glenmoor West Pond spillway at a point approximately 460 feet North and 470 feet West of SE corner of S.12. iii. Glenmoor East Pond spillway at a point approximately 270 feet North and 300 feet West of SE corner of S.12. The source of the Glenmoor Ponds is Greenwood Gulch, tributary to Little Dry Creek, tributary to the South Platte River. The actual locations of the Glenmoor Ponds, as constructed, are shown on the map attached as Exhibit A. 4. Description of Sources of Substitution and Exchange Water. Substitution and exchange water for Applicant=s Greenwood Gulch Exchanges is delivered pursuant to a Raw Water Lease Agreement dated August 22, 1995 (ADenver Lease@), by and between Applicant and by the City and County of Denver, acting by and through its Board of Water Commissioners (ADenver@). The sources of water available to Glenmoor under the Denver Lease and approved in the Decree in 95CW195(A) are as follows: A. Reusable irrigation return flows and raw water from the exercise of Denver's water rights, including, but not limited to, the water rights listed on the attached Exhibit B, available at the following locations: i. Reusable irrigation return flows in Little Dry Creek as measured at the confluence of Little Dry Creek and Greenwood Gulch in an amount as determined by available flow from the Denver=s Daily Operation Sheets; and ii. Raw water delivered through the outlet of Chatfield Reservoir as measured by the outflow gauge. 5. Portion of Exchange Made Absolute: On July 24, 2001, Applicant exchanged water at the rate of 3.46 c.f.s. pursuant to the conditional appropriative rights of substitution and exchange adjudicated in Case No. 95CW198(A). In July of 1998, Applicant exchanged 24.6 acre-feet of water pursuant to the conditional appropriative rights of substitution and exchange adjudicated in Case No. 95CW198(A). In 1998, Applicant exchanged 68.6 acre-feet of water pursuant to the conditional appropriative rights of substitution and exchange adjudicated in Case No. 95CW198(A). Water diverted by substitution and exchange on these dates was used on the 120 acres which comprises the Glenmoor Golf Course and Country Club, located in the East half of Section 12, T.5S., R.68W., 6th P.M., Arapahoe County, Colorado, for the uses permitted by the Decree in Case No. 95CW198(A). The application contains a detailed outline of the activities performed during the diligence period. 7. Name and Address of Owner of Land on Which Structures Are Located: The Greenwood Gulch Pumping Plant, the Glenmoor Ditch and the Glenmoor Ponds are located on the property of the Applicant. 03CW286 LINCOLN TRUST COMPANY FBO ERICA M. RIEBER AND THOMAS B. RIEBER, APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION, IN ELBERT COUNTY. 1. Names, Address and Telephone Number of Applicants: Lincoln Trust Company FBO Erica M. Rieber and Thomas B. Rieber, 1472 Glade Gulch Road, Castle Rock, CO 80104 (303) 660-5163 (Carmen S. Hall, Esq., Petrock & Fendel, P.C., 700 17th Street, #1800, Denver, Colorado 80202 (303) 534-0702). 2. Description of plan for augmentation: A. Groundwater to be augmented: 3 acre-feet per year over a 300 year period of not nontributary Upper Dawson aquifer groundwater available underlying the Subject Property as decreed in Case No. 2002CW246, District Court, Water Division 1. Applicants are the owners of land and water rights decreed in that case, underlying and associated with approximately 40 acres of land, located in part of the E1/2 of Section 10, T9S, R65W of the 6th P.M., as described and shown on Attachment A hereto ("Subject Property"). B. Water rights to be used for augmentation: Return flows from the use of not nontributary Upper Dawson aquifer water and return flows and direct discharge of

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nontributary Laramie-Fox Hills aquifer groundwater underlying the Subject Property as previously decreed in this court in Case No. 2002CW246. Applicants are the owners of a decreed amount of 9.2 acre-feet per year of not nontributary Upper Dawson aquifer groundwater and 12 acre-feet per year of nontributary Laramie-Fox Hills aquifer groundwater underlying the Subject Property. C. Statement of plan for augmentation: The subject Upper Dawson aquifer groundwater may be used to serve up to four residential lots on the Subject Property through individual wells for a 300 year period. It is estimated that each lot will require approximately 0.75 acre-feet per year for inhouse use (0.5 acre-feet per year), irrigation of 3500 square-feet of home lawn and garden (0.2 acre-feet per year), and stockwatering of four large domestic animals (0.05 acre-feet per year). Applicants reserve the right to amend these values based on final planning of the Subject Property. Sewage treatment for inhouse use will be provided by non-evaporative septic systems. Consumptive use associated with in-house use will be approximately 10% of water used and it is estimated that approximately 10% of water used for irrigation will be returned to the stream system. Water used for stockwatering is considered to be 100% consumed. D. During pumping Applicants will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c), C.R.S. Applicants estimate that depletions occur to the Cherry Creek stream system. Return flows from use of the subject water rights from inhouse use through nonevaporative septic systems and from irrigation use, will accrue to the South Platte River system and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. E. Applicants will reserve an equal amount of nontributary Laramie-Fox Hills groundwater underlying the Subject Property to meet augmentation requirements. 3. Remarks: Applicants will withdraw the not nontributary Upper Dawson aquifer water 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 proposed herein; FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises. 03CW287 VINCENT AND SUSAN DINAPOLI, DONALD AND MARJORIE SCHEIWE, MICHELLE KRAMER, MARY SCHOENFELD, DONALD JR. AND GLENDA HERMAN, AND LUCIEN AND MARGARET FIANDACO, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND NONTRIBUTARY SOURCES AND APPROVAL OF AUGMENTATION PLAN, IN THE NONTRIBUTARY ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DAWSON AND DENVER AQUIFERS, IN EL PASO COUNTY. 1. Names, addresses, and telephone numbers of Applicants: Vincent and Susan DiNapoli, 135 Pinewood Loop, Monument, Colorado 80132(719) 481-2686; Donald and Marjorie Scheiwe and Michelle Kramer, 55 Pinewood Loop, Monument, CO 80132 (970) 453-6305; Mary Schoenfeld, 430 Maverick Way, Monument, CO 80132 (719) 487-1734; Donald Jr. and Glenda Herman, 435 Maverick Way, Monument, CO 80132 (719) 481-8399; and Lucien and Margaret Fiandaco, 10 Saddlehorn Trail, Monument, CO 80132 (719) 488-3386 (Carmen S. Hall, Esq., Petrock & Fendel, P.C., 700 17th Street, #1800, Denver, Colorado 80202 (303) 534-0702). 2. Well Permits: Well permits will be applied for when Applicants are prepared to drill the wells. 3. Legal Description of Wells and Subject Property: The wells which will withdraw groundwater from the subject not nontributary and nontributary aquifers will be located on 5 residential lots which are approximately 2.5 acres each for a total acreage of 12.5 acres of land, being Tract 4, Filing 3, and Lots 25, 28, 60, and 63, Arrowwood Subdivision III, which lots are generally located in part of the S1/2 of Section 7, and the N1/2 of Section 18, T11S, R66W of the 6th P.M, as shown on Attachment A hereto (Subject Property). Applicants are the owners of the Subject Property and the water underlying their respective land. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Dawson and Denver aquifers underlying the Subject Property is not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. The ground water to be withdrawn from the Arapahoe and Laramie-Fox Hills aquifer underlying the Subject Property is nontributary groundwater as described in 37-90-103(10.5), C.R.S. 5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the subject amounts of groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicants will withdraw the subject groundwater through wells to be located at any location on the Subject Property, including existing wells in the Dawson aquifer which are located on each of the lots as permitted in Well Permit Nos. 195845, 160982, 176885, 172703, and 167907, which will be repermitted to

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operate under the augmentation plan requested below. Applicants waive the 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicants estimate the following annual amounts are representative of the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: Saturated Estimated Aquifer Thickness Annual Amount Dawson 400 feet 10 acre-feet Denver 481 feet 10 acre-feet Arapahoe 283 feet 6 acre-feet Laramie-Fox Hills 196 feet 4 acre-feet The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants and represents a claim to all nontributary and not nontributary groundwater underlying the Subject Property. Applicants may reserve part of the Denver aquifer groundwater for use through exempt wells. 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein, which may be located anywhere on the Subject Property, and any additional wells which may be completed in the future as Applicants' well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: Applicants will use all water withdrawn from the subject aquifers in a water system to be used, reused, successively used, and after use leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, fire protection, and any other beneficial purpose. Said water will be produced for immediate application to said uses, both on and off the property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Description of plan for augmentation: A. Water and structures to be augmented: Approximately 5 acre-feet per year of Dawson aquifer water requested herein. B. Water rights to be used for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. C. Statement of plan for augmentation: The subject Dawson aquifer groundwater may be used for inhouse, irrigation, and stockwatering purposes through the existing wells located on each lot at a rate of flow of 15 gpm to provide water for each lot. Applicants estimate that each lot will require approximately 1 acre-foot annually for inhouse use (0.3 acre-feet), irrigation (0.65 acre-feet limited to 11,500 square-feet of home lawn and garden), and stockwatering of up to 4 large domestic animals (0.05 acre-feet). Applicants reserve the right to revise these values without the need of revising or republishing this application. The lots will utilize a non-evaporative septic system. Consumptive use associated with inhouse use will be approximately 10% of water used and it is estimated that approximately 10% of water used for irrigation will be returned to the stream system. Stockwatering use will be 100% consumed. During pumping Applicants will replace actual depletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S. Because depletions may occur in both Water Divisions 1 and 2, this application is being filed in both divisions. Return flows from the development through non-evaporative septic systems and irrigation use accrue to the Monument Creek stream system and those return flows are sufficient to replace actual depletions to that system while those wells are being pumped. Before any other type of sewage treatment is proposed in the future, including incorporation of the lots into a central sewage collection and treatment system, Applicants, or successors and assigns, will amend this decree prior to such change and thereby provide notice of the proposed change to other water users by publication procedures required by then existing law. Depletions which may occur to the South Platte River stream system may not be replaced by return flows from use of the water, if that is the case, said depletions will be replaced by direct discharges from the nontributary groundwater decreed herein, or from direct discharges or return flows from other legally available sources. Applicants may also request that the total amount of depletion to both stream systems be returned to one system and for a finding that those replacements are sufficient. Applicants will reserve an adequate amount of nontributary groundwater underlying the Subject Property for replacement of post-pumping depletions. 10. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have

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estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thickness, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. C. Applicants will withdraw part of the not nontributary Dawson aquifer water requested herein under the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE, Applicants pray that this Court enter a Decree: 11. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 12. Specifically determining that: A. Applicants have complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicants' property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Dawson and Denver aquifers is not nontributary and groundwater in the Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater and the plan for augmentation proposed herein; FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises. 03CW288 JOYCE COMPANY PARTNERSHIP, c/o Peggy E. Montano, Trout, Witwer & Freeman, P.C., 1120 Lincoln St., Denver, Colorado, 80203, (303)-861-1963, Ext. 133. APPLICATION FOR UNDERGROUND WATER RIGHTS, IN DOUGLAS COUNTY, 1. Names, address, and telephone number of Applicant: Joyce Company Partnership, 541 Hier Lane, Castle Rock, Colorado, 80109, (303)-660-4784. 2. Well permits: Applicant has one existing exempt well permit, Permit No. 180877, issued pursuant to C.R.S. § 37-92-602, for withdrawal of nontributary water from the Lower Dawson aquifer. Applicant will not decree 8 acre-feet of nontributary Lower Dawson aquifer water underlying the Subject Property for use through Applicant’s existing well and one additional exempt well for which a permit application has not yet been filed. Wells for withdrawing the groundwater sought to be decreed by this Application have not yet been constructed, nor have applications for well permits been filed with the State Engineer. Prior to constructing any such well, Applicant will apply to the State Engineer for a well permit. The Applicant requests that the Court include in the decree entered in this case a requirement that, in considering applications for any well permits described in this Application, the State Engineer shall be bound by the decree and shall issue permits in accordance with the provisions of C.R.S. ' 37-90-137(10). Applicant also requests that the Court waive the permit requirement that the location of new wells be at a distance of more than six hundred feet from an existing well, as provided in C.R.S. § 37-90-137(2)(b)(I) and 2 C.C.R. 402-7(11)(C)-(D), to the extent this requirement would apply to any wells on the Subject Property. 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 75.337 acres of land in the Southwest ¼ of Section 9, T8S, R67W, the Northwest ¼ of Section 16, T8S, R67W, and the East ½ of the West ½ of Section 16, T8S, R67W, all west of the 6th P.M., as shown on the location map in Exhibit A attached to the Application and more particularly described as: LEGAL DESCRIPTION - LOT 1 A TRACT OF LAND LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 9, TOWNSHIP 8 SOUTH, RANGE 67 WEST AND THE NORTHWEST ONE-QUARTER OF SECTION 16, TOWNSHIP 8 SOUTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LYING SOUTH OF THE SOUTHLINE OF COUNTY ROAD NO. 46, COUNTY OF DOUGLAS, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE NORTH-SOUTH CENTERLINE OF SAID SECTION 16 BEING MONUMENTED AT THE NORTH ONE-QUARTER CORNER WITH A 3” ALUMINUM CAP STAMPED JR ENG, TOWNSHIP 8 SOUTH, RANGE 67 WEST, ONE-QUARTER, SECTION 9, SECTION 16, 1993, RLS 13258, AND AT THE SOUTH ONE-QUARTER CORNER BY A 9” X 5” STONE WITH A CHISELED ‘+’ ON TOP WITH A LINE BETWEEN ASSUMED TO BE N00000’00”E. COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 16, THENCE N89049’53”W ALONG THE NORTHERLY LINE OF THE NORTHWEST ONE-

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QUARTER OF SAID SECTION 16 A DISTANCE OF 3.80 FEET TO A POINT ON THE EXISTING FENCE LINE SAID POINT BEING THE POINT OF BEGINNING; THENCE S00025’08”W ALONG SAID FENCE LINE A DISTANCE OF 1,380.99 FEET; THENCE S47033’29”W A DISTANCE OF 902.71 FEET; THENCE S89017’09”W A DISTANCE OF 643.00 FEET TO A POINT ON THE EAST LINE OF HEMPHILL SUBDIVISION, RECORDED UNDER RECEPTION NO. 308895 IN THE OFFICE OF CLERK AND RECORDER, COUNTY OF DOUGLAS; THENCE N00009’14”W ALONG THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 16 AND THE EAST LINE OF SAID HEMP HILL SUBDIVISION A DISTANCE OF 949.52 FEET TO A POINT ON THE SOUTHERLY LINE OF COUNTY ROAD NO. 46, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID HEMP HILL SUBDIVISION; THENCE EASTERLY AND NORTHERLY FOLLOWING THE EXISTING FENCE LINE ALONG THE SAID SOUTHERLY LINE OF COUNTY ROAD NO. 46 THE FOLLOWING FOUR (4) COURSES; 1. N83020’33”E A DISTANCE OF 343.95 FEET; 2. N46037’52”E A DISTANCE OF 263.03 FEET; 3. N32010’56”E A DISTANCE OF 746.99 FEET; 4. N35000’00”E A DISTANCE OF 681.79 FEET; THENCE S0000’00”W ALONG A LINE PARALLEL WITH AND 3.80 FEET WESTERLY OF SAID NORTH-SOUTH CENTERLINE A DISTANCE OF 362.56 FEET TO THE POINT OF BEGINNING. CONTAINING 717,654 SQUARE FEET OR 39.432 ACRES. LEGAL DESCRIPTION - TRACT EAST OF LOT 1 A TRACT OF LAND LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 9, TOWNSHIP B SOUTH, RANGE 67 WEST AND THE NORTHWEST ONE-QUARTER OF SECTION 16, TOWNSHIP 8 SOUTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LYING SOUTH OF THE SOUTHLINE OF COUNTY ROAD NO. 46, COUNTY OF DOUGLAS, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE NORTH-SOUTH CENTERLINE OF SAID SECTION 16 BEING MONUMENTED AT THE NORTH ONE-QUARTER CORNER WITH A 3” ALUMINUM CAP STAMPED JR ENG, TOWNSHIP 8 SOUTH, RANGE 67 WEST, ONE-QUARTER, SECTION 9, SECTION 16, 1993, RLS 13258, AND AT THE SOUTH ONE-QUARTER CORNER BY A 9” X 5” STONE WITH A CHISELED ‘+’ ON TOP WITH A LINE BETWEEN ASSUMED TO BE N00000’00”E. COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 16, THENCE S00000’00”W ALONG SAID NORTH-SOUTH CENTERLINE A DISTANCE OF 1,380.95 FEET; THENCE N90000’00”W A DISTANCE OF 13.90 FEET; THENCE N00025’08”E A DISTANCE OF 1,380.99 FEET; THENCE N00000’00”E A DISTANCE OF 362.56 FEET TO THE SOUTHERLY LINE OF COUNTY ROAD NO. 46; THENCE N35000’00”E ALONG SAID SOUTHERLY LINE A DISTANCE OF 6.63 FEET; THENCE S00000’00”W A DISTANCE OF 368.00 FEET TO THE POINT OF BEGINNING. CONTAINS 13,609 SQUARE FEET OR 0.312 ACRES. LEGAL DESCRIPTFON - LOT 2 A TRACT OF LAND LOCATED IN THE EAST ONE-HALF OF THE WEST ONE-HALF OF SECTION 16, TOWNSHIP 8 SOUTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF DOUGLAS, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE NORTH-SOUTH CENTERLINE OF SAID SECTION 16 BEING MONUMENTED AT THE NORTH ONE-QUARTER CORNER WITH A 3” ALUMINUM CAP STAMPED JR ENG., TOWNSHIP 8 SOUTH, RANGE 67 WEST, ONE-QUARTER, SECTION 9, SECTION 16, 1993, RLS 13258, AND AT THE SOUTH ONE-QUARTER CORNER BY A 9” X 5” STONE WITH A CHISELED ‘+’ ON TOP WITH A LINE BETWEEN ASSUMED TO BE N00000’00”E. COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 16, THENCE S00000’00”W ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 16 A DISTANCE OF 1,380.95 FEET; THENCE N90000’00”W A DISTANCE OF 13.90 FEET TO A POINT ON THE EXISTING FENCE LINE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S00025’08”W A DISTANCE OF 300.91 FEET; THENCE S00o02’07”W ALONG SAID FENCE LINE A DISTANCE OF

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1,014.83 FEET; THENCE S00028’05”E ALONG SAID FENCE LINE A DISTANCE OF 300.51 FEET; THENCE S89017’09”W A DISTANCE OF 1,306.12 FEET TO A POINT ON THE WEST LINE OF THE EAST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 16, SAID POINT ALSO BEING ON THE EAST LINE OF TRACT 1 OF KISER SUBDIVISION EXEMPTION, RECORDED UNDER RECEPTION NO. 8909494 IN THE OFFICE OF CLERK AND RECORDER, COUNTY OF DOUGLAS; THENCE N00009’16”W ALONG THE WEST LINE OF THE EAST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 16 AND THE EAST LINE OF SAID KISER SUBDIVISION A DISTANCE OF 314.67 FEET TO THE SOUTHWEST CORNER OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 16, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID KISER SUBDIVISION AND THE SOUTHEAST CORNER OF LOT 2 OF HEMPHILL SUBDIVISION RECORDED UNDER RECEPTION NO. 308895 IN THE OFFICE OF CLERK AND RECORDER, COUNTY OF DOUGLAS; THENCE N00009’14”W ALONG THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 16 AND THE EAST LINE OF LOT 2 OF HEMPHILL SUBDIVISION A DISTANCE OF 700.65 FEET; THENCE N89017’09”E A DISTANCE OF 643.00 FEET; THENCE N47033’29”E A DISTANCE OF 902.71 FEET TO THE POINT OF BEGINNING. CONTAINING 524,608 SQUARE FEET OR 35.000 ACRES. LEGAL DESCRIPTION - TRACT EAST OF LOT 2 A TRACT OF LAND LOCATED IN THE EAST ONE-HALF OF THE WEST ONE-HALF OF SECTION 16, TOWNSHIP 8 SOUTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF DOUGLAS, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE NORTH-SOUTH CENTERLINE OF SAID SECTION 16 BEING MONUMENTED AT THE NORTH ONE-QUARTER CORNER WITH A 3” ALUMINUM CAP STAMPED JR ENG., TOWNSHIP 8 SOUTH, RANGE 67 WEST, ONE-QUARTER, SECTION 9, SECTION 16, 1993, RLS 13258, AND AT THE SOUTH ONE-QUARTER CORNER BY A 9” X 5” STONE WITH A CHISELED ‘+’ ON TOP WITH A LINE BETWEEN ASSUMED TO BE N00000’00”E. COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 16, THENCE S00000’00”W ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 16 A DISTANCE OF 1,380.95 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S00o00’00”W ALONG SAID NORTH-SOUTH CENTERLINE A DISTANCE OF 1,616.06 FEET; THENCE S89017’09”W A DISTANCE OF 14.28 FEET; THENCE N00028’05”W A DISTANCE OF 300.51 FEET; THENCE N00o02’07”E A DISTANCE OF 1,014.83 FEET; THENCE N00025’08”E A DISTANCE OF 300.91 FEET; THENCE N90000’00”E A DISTANCE OF 13.90 FEET TO THE POINT OF BEGINNING. CONTAINS 25,828 SQUARE FEET OR 0.593 ACRES. (The property described in the four (4) foregoing legal descriptions is hereinafter referred to as “Subject Property”). The wells that will withdraw the subject groundwater will be located at any location subject to Section 37-90-137(4). Applicant is the only owner of the Subject Property. 4. Sources of Groundwater: The sources of groundwater underlying the Subject Property include not nontributary groundwater within the Lower Dawson and Denver aquifers, as described in C.R.S. '37-90-103(10.7), and nontributary groundwater within the Lower Dawson, Arapahoe and Laramie-Fox Hills aquifers, as described in C.R.S. ' 37-90-103(10.5). Each well will be completed to the bottom of the aquifer into which it is drilled. For the purposes of the decree to be entered in this case, the Applicant will rely on the well depth set forth in any Determination of Facts issued by the State Engineer. The wells will withdraw the subject groundwater at rates of flow necessary to efficiently withdraw the groundwater. Not nontributary groundwater will not be withdrawn until a plan for augmentation is approved by the Court pursuant to C.R.S. ' 37-90-137(9)(c). 5. Date of Appropriation: The groundwater rights sought to be decreed in this case are not governed by the appropriation doctrine. Applicant requests the Court to decree that the rights adjudicated in this case are vested property rights notwithstanding the fact that the groundwater has not yet been diverted and applied to beneficial use. 6.

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Amount Claimed: Applicant seeks confirmation of its right to withdraw all of the legally available groundwater in the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property. Applicant will not decree 8 acre-feet of nontributary Lower Dawson aquifer water underlying the Subject Property for use through Applicant’s existing well, Permit No. 180877, and one additional exempt well pursuant to C.R.S. § 37-92-602. Estimates of the average annual amounts of water available from each aquifer and the nontributary/not nontributary status of the water, as indicated in Tables 1 to 4 below, are based upon the aquifer characteristics in the Denver Basin Rules, 2 C.C.R. 402.5 to 402.7: TABLE 1: WATER AVAILABILITY FOR THOSE PORTIONS OF JOYCE COMPANY

LOT 1 AND THE TRACT EAST OF LOT 1 LOCATED IN SECTION 9* Aquifers Acreag

e Saturated

Sand Thickness (ft)

Specific

Yield

Volume (acre-feet)

Estimated Annual Appropriation

(af/yr)

Status

Lower Dawson

1.05 118.0 20% 25 0.25 NNT

Denver 1.05 359.3 17% 64 0.64 NNT Arapahoe 1.05 273.0 17% 49 0.49 NT Laramie-Fox Hills

1.05 174.6 15% 27 0.27 NT

TOTAL 165 1.65 * Note: All the water sought to be decreed by this Application may be withdrawn through the same well or wells. No separate well will be required for the water under the tract east of Lot 1.

TABLE 2: WATER AVAILABILITY FOR THAT PORTION OF JOYCE COMPANY LOT 1 LOCATED IN SECTION 16

Aquifers Acreage

Saturated Sand

Thickness (ft)

Specific

Yield

Volume (acre-feet)


(af/yr)

Status

Lower Dawson

38.694 118.0 20% 913 5.13** NT


38.694 174.6 15% 1013 10.13 NT

TOTAL 6086 56.86 ** Four (4) af/yr was subtracted from the Lower Dawson aquifer for a future exempt well.

TABLE 3: WATER AVAILABILITY FOR JOYCE COMPANY LOT 2 AND THE TRACT EAST OF LOT 2, BOTH IN SECTION 16

Aquifers Acreage

Saturated Sand

Thickness (ft)

Specific

Yield

Volume (acre-feet)


(af/yr)

Status

Lower Dawson

35.593 118.0 20% 840 4.40*** NT


35.593 174.6 15% 932 9.32 NT

TOTAL 5598 51.98

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*** Four (4) af/yr was subtracted from the Lower Dawson aquifer for an existing well (Permit No. 180877).

TABLE 4: WATER AVAILABILITY TOTALS FOR JOYCE COMPANY LOTS 1 & 2 Property Total Nontributary (af/yr) Total Not Nontributary (af/yr) Total Water (af/yr)

Lot 1 33.98 24.52 58.50 Lot 2 30.24 21.74 51.98

Totals for Lots 1 & 2 64.22*** 46.26 110.48 *** These totals reflect the subtraction of eight (8) af from the Lower Dawson aquifer due to the existing exempt well (Permit No. 180877) and one future exempt well. 7. Proposed Uses: The groundwater claimed herein will be used, reused, successively used or otherwise disposed of for municipal, domestic, industrial, agricultural, commercial, irrigation, stock watering, recreation, fish and wildlife, fire protection and other beneficial uses, including augmentation, substitution and exchange, on or off the Subject Property. The waters will be withdrawn through the wells described herein for immediate application to beneficial use, for storage and subsequent application to beneficial use, for exchange purposes, for the replacement of depletions resulting from the use of water from other sources and for all other augmentation purposes, including taking credit for all return flows as augmentation for, or as offsets against, out-of-priority tributary depletions. Applicant claims the right to use or re-use to extinction, and/or to take return flow credit for, all of the not nontributary and nontributary groundwater which is subject to this Application, subject to the provisions of Rule 8 of the Denver Basin Rules, 2 C.C.R. 402-6, regarding 2% relinquishment of nontributary groundwater and subject to future augmentation requirements of the not nontributary groundwater. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to C.R.S. '' 37-92-302(2) and 37-90-137(6). 9. Additional Wells and Well Fields: Applicant requests the Court=s approval to construct additional, supplemental or replacement wells as are necessary to maintain production levels in each aquifer, to meet water supply demands or to recover the entire amount of groundwater in the subject aquifers underlying the Subject Property without publishing additional notice or filing any additional pleading with the Court. As additional wells are planned, applications shall be filed in accordance with C.R.S. ' 37-90-137(10). Two or more wells constructed into an aquifer shall be considered a well field. In affecting production from such well field, Applicant may produce the entire amount that may be produced hereunder through any combination of wells within the field. 10. Remarks: A. Applicant claims the right to withdraw more than the average annual amount estimated in paragraph 6 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thicknesses, Applicant requests the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same.

03CW289 (95CW92) CITY OF CENTRAL, Stephen T. Williamson, #5964 Matthew Machado, #31233 P.O. Box 850, 813 Main Street, Louisville, Colorado 80027. APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN GILPIN COUNTY. 2. Applicant is a Colorado home rule municipality. It owns and operates a municipal water system and provides water to its service area and to persons and entities with whom it contracts.

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3. Names of structures: James Peak Reservoir Echo Lake Reservoir

4. Description of conditional water rights: Both structures were originally adjudicated in Case No. CA14183, Boulder County District Court by decree dated July 17, 1961. Previous diligence decrees have been entered in Case No W-73, filed on March 3, 1970, Case No. W-2560, filed on May 5, 1072, Case No. W-2560-79, filed on September 21, 1979, Case No. 83CW215, filed on September 30, 1983, Case No. 88CW090, filed on May 31, 1988 and Case No. 95CW092, filed on April 28, 1995. A. The legal description of the structures: James Peak Reservoir is

located in Sections 21 and 28, Township 2 South, Range 74 West, 6th P.M., Gilpin County. Echo Lake Reservoir is located in Section 21, Township 2 South, Range 74 West, 6th P.M., Gilpin County.

B. The source of water: Natural run off and drainage—South BoulderCreek, tributary to the South Platte River.

C. The dates of appropriation: January 1, 1933 for both reservoirs. D. The amount of water: James Peak Reservoir: 290.5 acre feet with

the right to fill and refill, CONDITIONAL. Echo Lake Reservoir: 275.5 acre feet with right to fill and refill, CONDITIONAL.

E. The use of the water: Domestic and municipal for the City of Central for both reservoirs.

5. Provide a detailed outline of what has been done toward completion or for completion of the appropriations and application of water to a beneficial use as conditionally decreed: The subject reservoirs are in existence and located on fee land owned by the applicant. Use of the reservoirs by applicant will require construction of a raw water pipeline through U.S. Forest Service property to connect to the applicant’s existing raw water line which also traverses U.S.F.S. property. Applicant amended its existing Special Use Permit with the U.S.F.S. on August 19, 1991 and is currently in negotiations with the U.S.F.S. to extend its permit or convert it to an easement. Applicant has also negotiated with the U.S.F.S. and other water users with respect to both land exchanges and water exchanges which would facilitate the use of the subject reservoirs. During the diligence period, applicant litigated four related water rights applications filed by applicant, litigated four applications filed by another municipality and participated in several additional water cases as an objector.

WHEREFORE, applicant requests that the Court find diligence in the development of the conditional decrees and continue the conditional decrees for said James Peak Reservoir and Echo Lake Reservoir for the statutory period. 02CW19 Sierra Vista Estates LLC, 1380 17th Street, Denver, Colorado, 80202, (303) 573-0067 C/O Kim R. Lawrence, Lind, Lawrence & Ottenhoff, LLP, 1011 11th Avenue, Greeley, CO, 80631. Amendment to Application for Underground Water Rights from the Laramie Fox-Hills and Lower Arapahoe in the Denver Basin in Adams County. 2. Legal Description of Land Upon Which Wells Will Be Located is amended to add to following Lots to those set out in the Application: Lots 3 & 4, Block 71; Lots 3, 4, 5, 6, Block 74. All being a part of the THIRD FILING ARISTOCRAT RANCHETTES, A SUBDIVISION OF WELD COUNTY, STATE OF COLORADO, being a part of Section

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26 & 27, Township 2 North, Range 66 West of the 6th Principal Meridian. The entire parcel of all Lots, as amended, contains 139.9558 acres. 3. Source: Laramie Fox-Hills, non-tributary and Lower Arapahoe, not-non tributary aquifers underlying the property. 02CW216 Farfrumwurkin, L.L.L.P., Matthew Machado, Stephen T. Williamson, 813 Main Street, P.O. Box 850,Louisville,CO 80027 FIRST AMENDED APPLICATION FOR DIRECT FLOW AND STORAGE WATER RIGHTS, IN WELD AND BOULDER COUNTIES. 2. The original Application herein was filed with the Water Court, Water Division No. 1, on September 30, 2002 (“Application”). All portions of said Application shall remain as previously published, except as specifically described below.

3. The purpose of the amending the Application is to add the Boulder and Weld County Ditch as an additional structure to fill the reservoirs claimed in the Application. The nature of the proposed changes is as follows:

4. Paragraphs 3.A.ii, 3.B.ii, 3.C.ii, and 3.D.ii of the Application are amended by the addition of the following sentence at the ends of each of said paragraphs:

In addition, water diverted from Boulder Creek will be delivered through the Boulder and Weld County Ditch to said lake. The headgate of the Boulder Weld County Ditch is located in the NW 1/4 of Section 15, T 1 N, R 69 W, of the 6th P.M., Boulder County, Colorado, at a point approximately 1,100 feet East and 1,100 feet South of the Northwest corner of said Section 15. 5. Paragraphs 3.A.iii(b), 3.B.iii(b), 3.C.iii(b), and 3.D.iii(b) of

the Application are replaced with following: Rate of diversion: 4 c.f.s. from the points of diversion claimed in paragraph 2 above, and 27 c.f.s. from the Boulder and Weld County Ditch. 6. Paragraph 8 of the Application is amended by the addition of the

following sentence at the end of said paragraph: Applicant shall only use the Boulder and Weld County Ditch as a structure for filling said reservoirs after obtaining a legal right to so use said ditch. Furthermore, Applicant is not claiming a new direct flow priority for the Boulder and Weld County Ditch. 7. Additional Remarks: All statements of opposition filed herein are

deemed by the Applicant to apply fully to the application as amended hereby without the necessity of any Objector refiling any such pleadings or filing amendments thereto. 02CW232 GRACE RISKO, 104 Furlong Ave, Newtown Square, PA 19073. AMENDMENT TO APPLICATION FOR SURFACE WATER RIGHTS, IN JEFFERSON COUNTY. Item on 296W & 297W Data On Application To Correct Change To 3) Distance from Section 350 feet from N line of SE ¼ SE ¼, 1000 feet from S section line, Line 700 feet from W line SE ¼. 1800 feet from E section line. 3)B. Water Storage Patrick-Michael Pond is not an off- Patrick-Michael Pond is an off- Right 297W, Name(s) of channel reservoir, channel reservoir, Ditch(es) and capacity: 3) Optional Additional None Provided for either Northing 4390855, Description Application Easting 0472682 4) SURFACE RIGHTS As shown in Attachment C-D Patrick- As shown in Attachment C-D

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296W Source, 1) Michael Pond is fed by i) a natural Patrick-Michael Pond is fed by i) spring ii) a road culvert that channels a road culvert that channels wa water from a ditch under the road and from a ditch under the road and iii) as shed from two natural ditches into ii) as shed from two natural the pond. Ditches into the pond. 6) WATER Storage Rights 297W, Source As shown in Attachment C-D Patrick- As shown in Attachment C-D Michael Pond is fed by i) a natural Patrick-Michael Pond is fed by i) Spring ii) a road culvert that channels a road culvert that channels Water from a ditch under the road and from a ditch under the road and iii) as shed from two natural ditches into ii) as shed from two natural the pond. Ditches into the pond. 5)B) How appropriation 1) Patrick-Michael Pond 12 foot earthen 1) Patrick-Michael Pond 8 foot was initiated: dam to trap a natural spring, with at center earthen dam to trap overflow ditch. Water from natural ditches, with overflow ditch. 6) Water Storage Right 25 ft x 25 ft x avg depth 2 ft, this is 25 ft x 50 ft x avg depth 3.5 ft, 297W, amount claimed 0.028696 acre-feet this is 0.10 acre-feet 8) Water Storage Right 35 ft x 35 ft, which corresponds to 1225 35 ft x 50 ft, which corresponds 297W, surface area of high ft-squared to 1750 ft-squared water line. 8)Water Storage Right 12 feet high 8 feet at center 297W, maximum height of dam in feet 9) Water Storage Right Capacity at above described high water Capacity at above described high 297W, total capacity in line believed to be 35 ft x35 ft x 3.5 ft water line believed to be 35 ft x acre-feet average depth, so total capacity in acre- 50 ft x 4.5 ft average depth, so feet is given by (35x35x3.5)43,560 total capacity in acre-feet is which is 0.028696 given by (35x50x4.5)43,560 which is 0.180785 acre-feet. 9)Water Storage Right During Oct ’02 water was about 2 feet Pond measures 25 ft x 50 ft with 297W, Active Capacity lower than spillway channel, and pond average depth of 3.5 feet, so measured 25 ft x 25 ft with average active capacity in acre-feet is depth of 2 feet, so active capacity in given by (25x50x3.5)/43,560 acre-feet is given by (25x25x2)/43,560 which is 0.10 acre-feet. which is 0.028696 acre-feet. 11) Remark 9.3, WATER As shown in Attachment C-D the pond As shown in Attachment C-D the STORAGE RIGHT 297W is about 25 feet by 25 feet, and at the pond is about 25 feet by 50 feet,

time of this application has an average with an average depth of 3.5 feet.

Depth of 2 feet. Amount claimed based Amount claimed based on this On this average depth and size is given average depth and size is given By (25x25x2)/43,560, which is by (25x50x3.5)/43,560, which is 0.028696 acre-feet, absolute. 0.10 acre-feet. Patrick Spring: Item on 296W & 297W DATA ON APPLICATION TO CORRECT CHANGE TO 3) Distance from Section 525 feet from N line of SW ¼ SE ¼ 900 feet from S section line, Line 660 feet from W line of SE ¼ 1900 feet from E section line 3) Optional Additional NONE PROVIDED FOR EITHER Northing 4390837, Description APPLICATION Easting 0472663 6) Surface Rights 296W, 2 gals/min, this is 0.08445 cfs 2 gals/min, this is 0.0044 cfs

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amount claimed 2) spring 11) Remark 9.3, 2 gal/min = 2 gal/60 sec and since 1 cfs 2 gal/min, which is 0.0044 cfs SURFACE RIGHT 296W is 7.48 gal/s the flow in cfs is 2) Amount Claimed, (2/60)/7.48 which is 0.08445 cfs 2002CW268 DORYS G. FEHRINGER CO., c/o KENNETH J. AND JUDITH E. FEHRINGER, 37127 RD 49, #6, Peetz, CO 80747 (Jennifer Lynn Peters, Otis Coan & Stewart, LLC, 1812 56th Avenue, Greeley, CO 80634, 970-330-6700). First Amendment to Application for Underground Water Right IN LOGAN COUNTY. The legal description of the structures to which this amendment applies is as follows: 27011F is located in the NW¼SE¼ , S28, T12N, R51W, 6th P.M., 3070’ North Section Line and 3480’ West Section Line; 45099F is located in the SE¼NE¼, S28, T12N, R51W, 6th P.M., 2440’ North Section Line and 700’ East Section Line; 57141F is located in the NW¼SE¼, S28, T12N, R51W, 6th P.M., 1750’ South Section Line and 2600’ East Section Line. The application is also amended to correct the typographical error made with respect to the third well. The application states the third well is number 57011F; it should be well number 57141F. The application is amended to make it clear that the source of the groundwater is NON-TRIBUTARY pursuant to § 37-90-103(10.5), C.R.S., non-tributary to the South Platte River in Colorado and/or has no affect on the South Platte River in Colorado and therefore no augmentation plan is required. A copy of the full application and the amendment thereto can be obtained from the Division 1 Water Court or from the offices of Otis Coan & Stewart, LLC. 02CW401 UPPER PLATTE AND BEAVER CANAL COMPANY, Philip Mortensen, Director, 18633 Road 26, Brush, Colorado 80723, Ph: (970) 842-2016. Please forward all correspondence or inquiries regarding this matter to the attorney for the applicant: Mary Mead Hammond, Esq., Carlson, Hammond & Paddock, L.L.C., 1700 Lincoln Street, Suite 3900, Denver, Colorado 80203-4539, Ph:(303) 861-9000. Amended Application for Approval of Amendment to Plan for Augmentation of the Upper Platte and Beaver Canal Company (Conformed Amended Application, incorporating original Application filed December, 2002 and First Amendment filed May, 2003) IN MORGAN COUNTY. General Background: On November 22, 1983, in Case No. W-2968, the Water Court entered a Decree approving a Plan for Augmentation, including the right to divert water from the South Platte River for recharge and augmentation purposes, to augment out-of-priority depletions from the use of 93 wells owned and operated by stockholders of the Applicant Upper Platte and Beaver Canal Company. On April 17, 1992 the Plan was amended by the entry of Findings of Fact, Conclusions of Law, Judgment and Decree Amending Augmentation Plan, adding additional recharge sites and augmentation sources to the decreed Plan. The Instant Amended Application seeks further revisions and amendments to the Augmentation Plan. 2. Structures to be augmented: 93 wells of stockholders in the Upper Platte and Beaver Canal Company, comprising the wells adjudicated in the Amended Findings, Ruling, and Consent Decree entered by Water Referee Thomas J. Aron, Jr. on February 17, 1978; Correction of Amended Findings, Ruling and Consent Decree in Case No. W-2968 (regarding W-2968-A-1) entered by Water Judge Donald A. Carpenter on June 20, 1978; Correction of Amended Findings, Ruling and Consent Decree in Case No. W-2968 (regarding W-2968-A-29); entered by Water Judge Donald A. Carpenter on September 10, 1978; Correction of Amended Findings, Ruling and Consent Decree in Case No. W-2968 (regarding W-2968-A-39) entered by Water Judge Donald A. Carpenter on September 10, 1978; and Decree in Case No. W-2968 entered by Water Judge Donald A. Carpenter on September 22, 1978; Decree in Case No. W-1466, entered on December 29, 1977; Decree in Case No. W-4310, entered on July 12, 1977, and Decree in Case No. W-4311, entered on July 12, 1977. 3.Water rights to be used for augmentation: (A) Upper Platte and Beaver Canal Company recharge right. a. Previous Decrees: (1) Date entered: November 22, 1983; February 8, 1989. (2) Case No.: W-2968; 87CW242. (3) Court: District Court in and for Water Division

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No.1. (4) Type of water right: surface diversions for recharge. (5) Point of diversion: the point of diversion from South Platte River is the headgate of the Upper Platte and Beaver Canal, which is located at a point whence the SE ¼ of Section 35, Township 4N, Range 58 West of the 6th P.M., Morgan County Colorado bear south 13Ε, 57 minutes east, 5020.2 feet. (6) Source: South Platte River. (7) Amount: 234.17 c.f.s., with average annual diversions over any ten year period not to exceed 12,000 acre feet.(8) Appropriation date: June 12, 1972. (9) Decreed use: recharge for augmentation of wells augmented pursuant to Upper Platte and Beaver Canal Company plan for augmentation. (B) Augmentation Wells, being up to 93 wells of the Applicant’s stockholders adjudicated in Amended Findings, Ruling and Consent Decree in Case No. W-2968 entered by the Referee on February 17, 1978, with corrections entered by the Water Court on May 12, 1978, June 20, 1978, September 10, 1978, and Ruling confirmed as Decree of the Water Court on September 22, 1978; Findings and Ruling of Referee and Decree of the Water Court in Case No. W-1465 entered on December 29, 1977; Findings and Ruling of the Referee and Decree of the Water Court in Case No. W-1466 entered on December 29, 1977; Findings and Ruling of the Referee and Decree of the Water Court in Case No. W-4310 entered on July 12, 1977, and Findings and Ruling of the Referee and Decree of the Water Court in Case No. W-4311 entered on July 12, 1977. (C) 50 shares of the Capital stock of the Morgan-Prewitt Reservoir Company. a. Previous Decrees: (1) Dates entered: January 5, 1922; November 18, 1965. (2) Cases No.: CA 2142; CA16704. (3) Court:Weld County District Court. (4) Type of water right: off-channel storage reservoir.(5) Point of diversion:on the east bank of the South Platte River in the SW 1/4 of Section 24, Township 5 North, Range 55 West of the 6th P.M., Morgan County, Colorado; the reservoir is located on all or portions of Sections 1,2,10,11,12,13, 14, and 15, Township 5 North, Range 54 West, and in parts of sections 5, 6, and 7, in Township 5 North, Range 53 West of the 6th P.M. in Logan and Washington Counties, Colorado. (6) Source: South Platte River.(7) Amounts: 32,300 a-f; 24,560 a-f. (8) Appropriation dates: May 25, 1910; December 31, 1929. (9) Decreed use: storage for irrigation purposes. 4. Proposed amendment to Plan for Augmentation. a. Prior Proceedings. On June 12, 1972, the Upper Platte and Beaver Canal Company filed the Application in Case No. W-2968. That Application stated three causes of action: (1) adjudication of individual wells of stockholders in the Upper Platte and Beaver Canal System that are used to supplement surface water supplies from the canal for irrigation of lands under the canals as alternate points of diversion for the surface decrees of the Upper Platte and Beaver Canal Company; (First Cause of Action). (2) adjudication of the individual stockholders’ wells as groundwater rights; (Second Cause of Action); (3) adjudication of a Plan for Augmentation for the wells operated by the Stockholders of the Upper Platte and Beaver Canal Company (Third Cause of Action). On February 17, 1978 Water Referee Thomas J. Aron, Jr. entered Amended Findings, Ruling and Consent Decree in Case No. W-2968, adjudicating 88 individual wells used on or under the Upper Platte and Beaver Canal System. Corrections to the amended Findings, Ruling and Consent Decree regarding certain individual wells were entered by Water Judge Donald A. Carpenter on June 20, 1978, May 12, 1978, and September 10, 1978. On September 22, 1978 the Amended Findings, Ruling and Consent Decree previously entered by the Water Referee, as corrected and amended, was entered as the Decree of the Water Court adjudicating the second cause of action in Case No. W-2968. On November 22, 1983, the Water Court adjudicated the Third Cause of Action by entering Findings of Fact, Conclusions of Law, Judgment and Decree adjudicating a Plan for Augmentation, including the right to divert water from the South Platte River for recharge and augmentation purposes. On April 17, 1992 the Plan was amended by the entry of Findings of Fact, Conclusions of Law, Judgment and Decree Amending Augmentation Plan, adding additional recharge sites and augmentation sources to the decreed Plan. b. Proposed Amendments to Augmentation Plan. 1. Background: The structure of the Augmentation Plan as decreed. The Augmentation Plan decreed herein in 1983, as amended in 1992, provided for augmentation of 93 wells used to provide supplemental water supply for stockholders in the Upper Platte and Beaver Canal Company. At the time of entry of the original decree in 1983, approximately 11, 500 acres were irrigated under the Canal system. The Augmentation Plan as decreed in 1983, and amended in 1992, determined the augmentation requirement for the wells by employing the Penman Equation to calculate the crop water requirement for the full 11,500 acres of land, subtracting the amounts of water available to satisfy that requirement from surface waters available from the Canal pursuant to the surface water decrees of the Company (including both direct flow and storage rights), assuming that the balance of the crop water

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requirement was supplied by well pumping, and determining the resulting out-of priority well depletions. The Augmentation Plan also adjudicated a recharge water right diverted through the headgate of the Upper Platte and Beaver Canal, and then recharged to the South Platte through various reaches of the Canal and through recharge ponds, as the source of augmentation to balance out-of-priority well depletions. The Plan included recharge accretion factors based on the Glover Formula for determining recharge to the river. 2. Proposed amendments. A. In the two decades since entry of the original Decree in this matter, significant acreage previously irrigated under the canal system has been removed from irrigation. In view of this changed circumstance, Applicant now seeks to amend the Augmentation Plan so as to allow it to take into account the reduced acreage under irrigation, and the reduced out-of-priority depletions required to be augmented pursuant to the Augmentation Plan. Applicant proposes to amend the Plan to require each stockholder to report the acreage irrigated annually, and to revise the calculations used to determine out-of-priority depletions to account annually for the actual irrigated acreage under the system. B. Applicant also seeks to incorporate the following additional Recharge Site into the Plan: a. Name: The JW Recharge Ponds. b. Pond location: Two ponds adjacent (north) of the Upper Platte and Beaver Canal as it bisects the S ½ of Section 36, Township 4 North, Range 57 West of the 6th P.M. c. Size of ponds: Each pond will be up to 30 surface acres in size. d. Maximum depth of ponds: 10 feet. e. Owners of land upon which ponds will be located: Jeff and Wendy Kroskob, 8601 Morgan County Road 24, Brush, CO, 80723. f. Method and Source of Recharge: Under an agreement between Applicant and the landowners, water will be diverted from the South Platte River through the headgate of the Upper Platte and Beaver Canal pursuant to Applicant’s decreed recharge right and thence into the Recharge Ponds, from which the water will recharge to the South Platte River. g. Recharge credit will be determined based on the amounts recharged into the ponds, less evaporation losses, and using recharge accretion factors to determine travel time for the recharge to the South Platte River. C. In addition, Applicant seeks an amendment to the Augmentation Plan to allow it to incorporate terms and conditions for adding new recharge sites under and adjacent to the Upper Platte and Beaver Canal in future without the necessity of amendment to the Decree. D. In the two decades since approval of the original Augmentation Plan, irrigation practices under the Canal system have changed, with sprinkler irrigation replacing the flood irrigation that was most common at the time of entry of the prior decrees. Accordingly, Applicant also seeks by this Amendment to the Augmentation Plan to require stockholders to report their methods of irrigation annually, and to incorporate into the calculation of well depletions differing irrigation efficiency factors for the differing methods (sprinkler versus flood) of irrigation used on the acreage actually irrigated under the system. E. Finally, in recognition that there may at times be stream accretions resulting from operation of the recharge right decreed in the Augmentation Plan that exceed the out-of-priority depletions from the 93 wells augmented under the Plan, Applicant seeks to amend the Plan to allow the sale, lease, or other disposition by the Company of excess recharge accretions or credits to any third party for that third party’s use to augment out-of-priority depletions during the same month as the excess recharge credits accrue to the South Platte River, provided that such use is made pursuant to a Temporary Substitute Supply Plan approved by the State Engineer in accordance with statute, a Replacement Plan approved by the State Engineer in accordance with Rules and Regulations that have been approved by the Water Court, or a Plan for Augmentation approved by the Water Court. F. Out-of-Priority Depletions resulting from the use of the wells herein may also be replaced by means of: (1) credits attributable to 50 shares of the capital stock of the Morgan-Prewitt Reservoir Company. (a)The Company proposes that water attributable to its 50 shares in the Morgan-Prewitt Reservoir Company may be released to augment out-of-priority diversions resulting from the use of the wells in the Plan, including the augmentation use of the wells. Augmentation may be effected by direct release of the water and by exchange. Portions of the stored water may also be reserved and released as necessary to replicate historical returns from the use of the water for its original purposes. (2) augmentation pumping of the wells herein.(a) The Company proposes that water pumped for augmentation shall be separately accounted for by volume, time, and location of pumping. Such augmentation water shall be delivered to the South Platte River to augment out-of-priority depletions resulting from the use of wells in the Plan, including the augmentation use of the wells. Augmentation water pumped by the wells may be delivered to the South Platte River by (1) being pumped into the Upper Platte and Beaver Canal, whence it discharges into Beaver Creek and flows into the South Platte

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River, all within 24 hours of pumping, or (2) by in-ditch substitution and exchange, whereby augmentation water from the wells is discharged into the Upper Platte and Beaver Canal, and diversions at the headgate of the Canal on the South Platte River are reduced by the amount of augmentation water pumped into the Canal. (b) Depletions accruing to the South Platte River and its tributaries as a result of such augmentation pumping shall be determined on the basis that stream depletions from augmentation pumping are equal to 100% of the volume pumped. These depletions shall be incorporated into the Plan for Augmentation, and shall be replaced, when out-of-priority, pursuant to the Plan, (e.g. using the methodology decreed in the Plan to determine the timing of the depletions, and replacing the out-of-priority depletions with the augmentation sources in the Plan). WHEREFORE, Applicant respectfully requests the Court to approve and enter the Amendments to its Augmentation Plan set forth herein. 03CW46 WELD COUNTY SCHOOL DISTRICT RE-4, Daniel K. Brown, Esq., Fischer, Brown & Gunn P.C. P.O. Box Q Fort Collins, Colorado 80522 SECOND AMENDMENT TO APPLICATION FOR CHANGE OF POINTS OF DIVERSION, CHANGE OF WATER RIGHTS, CONDITIONAL GROUND WATER RIGHT AND APPROVAL OF PLAN FOR AUGMENTATION, IN WELD COUNTY. 1. Purpose:

On January 31, 2003, Applicant filed an “Application for Change of Points of Diversion and Approval of Plan for Augmentation” (hereinafter “Original Application”). The purpose of the Original Application was primarily to obtain a augmentation plan decree to augment the pumping of the Applicant’s wells that are used to irrigate the bluegrass lawns (including football, soccer and other sports fields) located around three school sites in the Town of Windsor. On February 28, 2003, the Applicant amended the Original Application by filing a pleading entitled “Amended Application for Change of Points of Diversion and Approval of Plan For Augmentation and Change of Water Rights (hereinafter “First Amendment”). Through this First Amendment Applicant added a source of water to be used to augment well depletions and requested a change of use to allow this water to be used for augmentation purposes. The Applicant is filing this “Second Amendment” to add a new well to be augmented, the Jacobi Farm School Well, in the requested augmentation plan in the Original Application, to obtain a conditional ground water right for the Jacobi Farm School Well, and to remove well no. 15004 from the proposed plan for augmentation (Applicant will continue to seek the requested change in point of diversion for well no. 15004).

All portions of the Original Application and First Amendment shall remain as originally published, except as specifically amended as set forth below. The following section 5.5 is a new section requesting a conditional ground water right for a new well to be drilled called the Jacobi Farm School Well.

APPLICATION FOR UNDERGROUND WATER RIGHT 5.5 A. Name(s) of well(s) and permit, registration, or denial number(s). (If permit applied for, but not acted upon, give date of permit application.)

Jacobi Farm School Well. Applicant filed a permit application for this well on May 9, 2003. A revised well permit application was submitted on May 28, 2003 with a corrected legal description. A permit has not yet issued or acted upon.

B. Legal description of well: The well is to be located in the NE ¼ of the SE ¼ of Section 18, T6N, R67W of the 6th P.M., Weld County, at a point that is 1,576 feet from the South section line and 1,059 feet from the East Section of line of said Section 18. See map attached as Exhibit A.

Source: Ground water tributary to the Cache La Poudre River Depth: unknown

C. Date of appropriation: May 9, 2003 D. How appropriation was initiated: Filing of well permit application

Date water applied to beneficial use: n/a F. Amount claimed: 150 gpm, 30 acre feet, CONDITIONAL G. Proposed use: If irrigation, complete the following:

Number of acres historically irrigated: n/a Total number of acres proposed to be irrigated: 7.1 acres Area of lawns and gardens irrigated: . 7.1 acres located within the property described in Exhibit B hereto.

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Paragraphs 6 and 9 of the Original Application are amended in their entirety as follows:

6. Name(s) of structure(s) to be augmented: Applicant proposes to augment the 10 of the 11 (excluding well no. 15004) discussed in paragraphs 3, 4 and 5 above [in the Original Application], as well as the proposed Jacobi Farm School Well discussed in paragraph 5.5 above. Additionally, the Applicant may augment under this plan any future wells or other structures requiring augmentation on property owned operated or used by the Applicant . The plan also is intended to augment any replacement or alternative point of diversion well authorized by the State Engineer in connection with the listed wells, or any future wells augmented under this plan. Are there other water rights diverted from this structure(s)? No

9. Statement of plan for augmentation, covering all applicable matters under CRS 37-92-103(9), 302(1)(2) and 305(8). Give full details of plan, including a description of all water rights to be established or changed by the plan.

Diversions from the wells to be augmented will deplete the Cache La Poudre River. This plan for augmentation will replace all depletions, in time location and amount, that would cause material injury to vested senior vested water rights. Applicant’s engineer has estimated the depletions from wells to be augmented (as set forth in paragraphs 6 above) for purposes of obtaining a substitute water supply plan for the operation of the plan for augmentation during the 2003 irrigation season. The engineering details of the proposed plan are set forth below, although Applicant reserves the right to modify the engineering and the plan as the case proceeds. Quantification of Depletions: The total irrigated area is to be irrigated, including the area proposed to be irrigated by the Jacobi Farm School Well, is 52.2 (45.1 acres have historically been irrigated by the other 10 other wells to be augmented). The estimated depletions were based on standard assumptions for evapotranspiration and climate for the area, and the assumed sprinkler efficiency of 75%. The calculated depletions to the Poudre River were based on estimated bluegrass law irrigation use calculated using a Glover model (Schroeder, 1987). A chart showing the climate data and the estimated monthly depletions for each well is attached as Exhibit C. The following is the total estimated monthly depletions for the 11 wells to be augmented.

Month Net River Depletions (in acre feet)

January 7.97 February 6.92 March 6.14 April 5.69 May 6.16 June 7.90 July 10.09 August 11.87 September 12.72 October 12.46 November 11.21 December 9.42 Total

108.53

Determination of Timing and Location of Stream Depletions: Applicant’s engineer determined the timing of impact from the wells by calculating the Stream Depletion Factors (“SDF”) for each.

Well Name ( Permit Number)

Distance to Cache La Poudre (in feet)

SDF

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Well No. 15005

5470 299

Well No. 28540F

5630 317

Well No. 28541F

4530 205

Well No 13136F

4420 195

Well No. 13137F

4420 195

Permit No. 13138F Tozar School Well

3753 141

Well No RD-296-RF Mountain View # 1

3550 126

Permit No. 27067F Mountain View # 2

3275 107

Permit No. 27068F Mountain View # 3

3513 123

Permit No. 27069F Skyview School Well

1600 26

Jacobi Farm School Well

4575 209

The location of the stream depletions was determined by applicant’s engineer to begin where the Cache La Poudre River crosses the midpoint of Section 19, T6N, R67W of the 6th P.M. down to where the river crosses the east section line of Section 33, T6N, R67W of the 6th P.M.

Amount and Location of Water Releases: The Town of Windsor is proposing to change its Kern Reservoir shares in 02CW301 to enable the water to be used for, among other things, augmentation purposes. Applicant will release the water it purchases or leases from the Town of Windsor so as to replace water to the stretch of water depleted by the well pumping in amount, location and time. Applicant may acquire other sources in such other amounts for the same purpose. Accounting: All of the wells to be augmented will be metered and the gross pumping recorded. Depletions will be calculated based on the actual pumping and reported by Applicant as reasonably required by to the River Commissioner and/or Division Engineer.

WHEREFORE, the Applicant prays this Court to enter a decree (1) approving the change of water rights; (2) decreeing the requested conditional right for the Jacobi Farm School Well, (3) approving this plan for augmentation; and (4) granting such other and further relief as the Court may deed necessary for the purpose of according full relief. 03CW47 THE LOWER LATHAM RESERVOIR CO. William H. Brown, Esq., Fischer, Brown and Gunn, P.C., PO Box Q, Ft. Collins, CO 80522. FIRST AMENDMENT TO APPLICATION FOR CHANGE OF WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION, IN WELD COUNTY. This amendment is to add two wells to those to be augmented under the plan for augmentation, as follows:

A well located in the NE ¼ of the SE ¼ of Section 22, Township 5 North, Range 64 West of the 6th P.M., Weld County. Its permit number is 11365R-R. The well has a 160 day stream depletion factor (SDF), and is owned by Wayne Ledford. A well located in the NE ¼ of the NW ¼ of Section 28, Township 5 North, Range 65 West of the 6th P.M., Weld County. Its permit number is 1537. It has a 30 day SDF, and is owned by Daniel Gibbs.

This amendment is an addition to the original application, which otherwise remains unchanged, and which is fully incorporated into this amendment. All previously filed statements of opposition shall be considered as fully applicable to this first amendment to the application.

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2003CW66 KENNETH J. AND JUDITH E. FEHRINGER, 37127 RD 49, #6, Peetz, CO 80747 (Jennifer Lynn Peters, Otis Coan & Stewart, LLC, 1812 56th Avenue, Greeley, CO 80634, 970-330-6700). First Amendment to Application for Underground Water Right IN LOGAN COUNTY. The legal description of the structures to which this amendment applies is as follows: 46409F is located in the SW¼NW¼, S25, T12N, R52W, 6th P.M., 1633’ North Section Line and 1372’ West Section Line; 47995F is located at the SE¼SE¼, S25, T12N, R52W, 6th P.M., 650’ South Section Line and 315’ East Section Line; 58284F is located in the NW¼NW¼, S25, T12N, R52W, 6th P.M., 300’ North Section Line and 345’ West Section Line; Test #12 is located at the NW¼NE¼, S25, T12N, R52W, 6th P.M., 540’ North Section Line and 1945’ East Section Line; Test #16 is located at the SE¼SE¼, S25, T12N, R52W, 6th P.M., 630’ South Section Line and 315’ East Section Line; Test #19 is located at the NW¼SW¼, S25, T12N, R52W, 6th P.M., 1734’ South Section Line and 582’ West Section Line. The application is amended to clarify that Well No. 46409F is located in the SW¼NW¼ of S25, T12N, R52W, 6th P.M., 1633’ from North Section Line and 1372’ West Section Line, Well No. 47995F is located in the SE¼SE¼ of S25, T12N, R52W, 6th P.M., 650’ from the South Section Line and 315” from the East Section Line. The application is also amended to make it clear that the source of the groundwater is NON-TRIBUTARY pursuant to § 37-90-103(10.5), C.R.S., non-tributary to the South Platte River in Colorado and/or has no affect on the South Platte River in Colorado and therefore no augmentation plan is required. The application is amended to include domestic among the proposed non-irrigation uses. A copy of the full application and the amendment thereto can be obtained from the Division 1 Water Court or from the offices of Otis Coan & Stewart, LLC. 03CW240 COMANCHE PINES LOT OWNERS, ET AL., AMENDED APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, IN DOUGLAS COUNTY. 1. Names and Address of Applicants: Comanche Pines Lot Owners, et al., c/o 9340 Comanche Pines Drive, Franktown, CO 80116 (303) 688-5282. The names, addresses, and telephone numbers of the Applicants described in the caption are described on Revised Attachment A hereto. (Carmen S. Hall, Esq., Petrock & Fendel, P.C., 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202 (303) 534-0702). Come now Applicants, by and through their undersigned attorneys, and hereby amends the application filed with this Court on May 30, 2003, to amend the application as follows: The original application requests quantification of groundwater in the nontributary Denver, Arapahoe, and Laramie Fox-Hills and the not nontributary Upper Dawson aquifers underlying 17 individual residential tracts located in Comanche Pines Subdivision, located in parts of the S1/2 of Section 6 and the N1/2 of Section 7, T8S, R65W of the 6th P.M. (Subject Property). By this amended application, the water underlying 3 additional lots being lots 8, 14, and 18, Comanche Pines Subdivision, are being added and included in the application. The owners and addresses and acreage of these 3 lots are described on revised Attachment A, and the location of these 3 lots in the Comanche Pines Subdivision are shown on revised Attachment B hereto. Applicants will own a pro-rata interest in the total amount of groundwater to be decreed in this case underlying their respective tracts. The wells which will withdraw the groundwater will be located at any location on the land which is the subject of this application. The combined acreage of the 3 lots added in this amended application is 21.3 acres and Applicants estimate that the following average annual amounts are available from the subject aquifers underlying the 21.3 acres, based on current values in the Denver Basin Rules, 2 C.C.R. 402-6: Saturated Annual Aquifer Thickness Amount Upper Dawson 175 feet 7 acre-feet Denver 190 feet 7 acre-feet

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Arapahoe 275 feet 10 acre-feet Laramie-Fox Hills 190 feet 6 acre-feet Any matters other than requested herein as described in the original application remain as shown in the May, 2003, resume for Water Division 1. WHEREFORE, Applicants pray that this court enter a decree for the relief requested in this amended application and for such further relief as the court deems proper in the premises. **THE FOLLOWING IS THE CORRECT VERSION OF THE RESUME THAT APPEARED INCORRECTLY IN THE APRIL 2003 RESUME** 2003CW195 Logan Wells Users, Inc.,1100 West Main, P. O. Box 1172, Sterling, Colorado, 80751, (970) 522-6511 C/O Kim R. Lawrence, Lind, Lawrence & Ottenhoff, 1011 11th Avenue, Greeley, CO, 80631 (970)356-9160. Application for Water Rights, Change of Water Rights and Approval of Plan for Augmentation in Logan, Morgan and Washington Counties. 2. Name of Structure: Schneider Ditch Recharge Project. 2.1 Legal Description of Diversion Point: In the NW¼ SW¼ of Section 9, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado at the diversion works of the Schneider Ditch. 2.2 Source of Water: The South Platte River and its tributaries. 2.3 Date of Initiation of Appropriation: Started recharge January 13, 2003; maximum rate of 6.6 c.f.s. on February 9, 2003. 2.3.1. How Appropriation Was Initiated: Diversion and beneficial use. 2.4 Description of Recharge: Water is diverted at the existing headgate of the ditch, Schneider Recharge Well m 1 (Famm, 59276-F, see ¶7) and is allowed to percolate from the ditch into the underground aquifer for Applicant's stated beneficial uses. Recharge credit for augmentation is claimed for seepage from the ditch when no irrigation deliveries are occurring from the ditch. The water so diverted may also be delivered either above or below the ditch to facilities proximate to the ditch for the same purposes. The following initial sites have been identified. These sites may be modified and other sites added. 2.4.1 Schneider Recharge/Reservoir Site m 1 (Lingreen m 1): In the NW¼ SE¼ of Section 36, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 5 acres. Total active capacity in acre feet: 15 a.f. with 0 dead storage. 2.4.2 Schneider Recharge/Reservoir Site m 2 (Lingreen m 2): In the NE¼ NE¼ of Section 36, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 10 acres. Total active capacity in acre feet: 30 a.f. with 0 dead storage. 2.4.3. Schneider Recharge/Reservoir Site m 3 (Carlson): In the NW¼ SW¼ of Section 30, Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 2 acres. Total active capacity in acre feet: 6 a.f. with 0 dead storage. 2.4.4. Schneider Recharge/Reservoir Site m 4 (Propst): In the SE¼ NE¼ of Section 2, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 15 acres. Total active capacity in acre feet: 90 a.f. with 0 dead storage. 2.5 Amount Claimed: 6.6 c.f.s., absolute and 51.4 c.f.s., conditional. 2.6 Use: Augmentation, recharge, replacement, irrigation, exchange for irrigation, municipal, recreation, wildlife and wildlife recovery. Applicant intends to fully utilize the water claimed 100% to extinction to the extent it is feasible to account for the same. 3. Name of Structure: South Platte Ditch (SPD) Recharge Project No 2. 3.1 Legal Description of Diversion Points: 3.1.1 In the SW¼ of Section 9, Township 5 North, Range 54 West of the 6th P.M., Logan County, Colorado at the diversion works of the South Platte Ditch. 3.1.2 Pumping Station m 1 (Curlee) in the SW¼ of Section 30, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado on the Prewitt Seep Ditch. 3.1.3 Pumping Station m 2 (Quint) in the NW¼ of Section 31, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado on the Prewitt Seep Ditch. 3.2. Source of Water: The South Platte River and its tributaries. 3.3. Date of Initiation of Appropriation: Started recharge March 21, 1997; maximum rate of 21.2 c.f.s. on April 7, 2002. 3.3.1 How Appropriation Was Initiated: Diversion and beneficial use. 3.2 Description of Recharge: Water is diverted at the existing headgate of the ditch, South Platte Pump Stations m 1 & 2, South Platte Recharge Wells m 1-4 (Hessler 59273-F, S.P.D. 506833J, S.P.D. 506883N, Curlee, see ¶7) and is allowed to percolate from the ditch into the underground aquifer for Applicant's stated beneficial uses. Recharge

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credit for augmentation is claimed for seepage from the ditch when no irrigation deliveries are occurring from the ditch. The water so diverted may also be delivered either above or below the ditch to facilities proximate to the ditch for the same purposes. The following initial sites have been identified. These sites may be modified and other sites added. 3.4.1 South Platte Recharge/Reservoir Site m 1 (Kautz): In the N½ of Section 3, Township 5 North, Range 54 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 14 acres. Total active capacity in acre feet: 42 a.f. with 0 dead storage. 3.4.2. South Platte Recharge/Reservoir Site m 2 (Amen): In the SW¼ of Section 34, Township 6 North, Range 54 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 7 acres. Total active capacity in acre feet: 21 a.f. with 0 dead storage. 3.4.3 South Platte Recharge/Reservoir Site m 3 (Anderson): In the SE¼ of Section 34, Township 6 North, Range 54 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 7 acres. Total active capacity in acre feet: 21 a.f. with 0 dead storage. 3.4.4. South Platte Recharge/Reservoir Site m 4 (Fiscus): In the SE¼ of Section 26, Township 6 North, Range 54 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 10 acres. Total active capacity in acre feet: 30 a.f. with 0 dead storage. 3.4.5. South Platte Recharge/Reservoir Site m 5 (Propst): In the NE¼ of Section 28, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 15 acres. Total active capacity in acre feet: 300 a.f. with 0 dead storage. 3.4.6. South Platte Recharge/Reservoir Site m 6 (Mari m 1): In the NW¼ of Section 21, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 5 acres. Total active capacity in acre feet: 65 a.f. with 0 dead storage. 3.4.7. South Platte Recharge/Reservoir Site m 7 (Mari m 2): In the SE¼ of Section 21, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 10 acres. Total active capacity in acre feet: 30 a.f. with 0 dead storage. 3.4.8. South Platte Recharge/Reservoir Site m 9 (Smart m 1): In the SW¼ of Section 22, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 5 acres. Total active capacity in acre feet: 15 a.f. with 0 dead storage. 3.4.9. South Platte Recharge/Reservoir Site m 10 (Smart m 2): In the SE¼ of Section 16, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 7 acres. Total active capacity in acre feet: 21 a.f. with 0 dead storage. 3.4.10. South Platte Recharge/Reservoir Site m 11 (Curlee): In the SW¼ of Section 16, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 14 acres. Total active capacity in acre feet: 42 a.f. with 0 dead storage. 3.4.11. South Platte Recharge/Reservoir Site m 12 (Hettinger): In the SW¼ of Section 25, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 7 acres. Total active capacity in acre feet: 21 a.f. with 0 dead storage. 3.4.12. South Platte Recharge/Reservoir Site m 13 (Lingreen): In the E¼ sw¼ of Section 25, Township 6 North, Range 54 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 5 acres. Total active capacity in acre feet: 50 a.f. with 0 dead storage. 3.4.13. South Platte Recharge/Reservoir Site m 14 (Accomasso): In the SW¼ NW¼ of Section 10, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 6 acres. Total active capacity in acre feet: 24 a.f. with 0 dead storage. 3.4.14 South Platte Recharge/Reservoir Site m 15 (Hoogland m 1): In the NW¼ SW¼ of Section 10, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 6 acres. Total active capacity in acre feet: 24 a.f. with 0 dead storage. 3.4.15. South Platte Recharge/Reservoir Site m 16 (Hoogland m 2): In the SE¼ SW¼ of Section 10, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 6 acres. Total active capacity in acre feet: 24 a.f. with 0 dead storage. 3.5. Amount Claimed: 21.2 c.f.s., absolute and 98.8 conditional from South Platte Ditch. Pumping Station m 1, 10.0 c.f.s, conditional and Pumping Station m 2, 4.5 c.f.s., absolute, 5.5 c.f.s conditional (m 2 started recharge December 10, 2002 and maximum rate of 4.5 c.f.s on February 6, 2003.) 3.6. Use: Augmentation, recharge, replacement, irrigation, exchange for irrigation, municipal, recreation, wildlife and wildlife recovery. Applicant intends to fully utilize the water claimed 100% to extinction to the extent it is feasible to account for the same. 4. Name of Structure: Springdale Ditch Recharge Project. 4.1 Legal Description of Diversion Point: In the NW¼ NW¼ of Section 35, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado at the diversion works of the Springdale Ditch. 4.2. Source of Water: The South Platte River and its tributaries. 4.3. Date of Initiation of Appropriation: Started recharge January 6, 2003; maximum rate of 30.6 c.f.s. on February 10, 2003. 4.3.1. How Appropriation Was Initiated: Diversion and beneficial use. 4.4 Description of Recharge: Water is diverted at the existing headgate of the ditch, Springdale Recharge Well m 1-3 (Miller Wells 59195-F, 59196-F, 59188-F, See ¶7) and is allowed to percolate from the ditch into the underground aquifer for Applicant's stated beneficial uses. Recharge credit for augmentation is claimed for seepage from the ditch when no irrigation deliveries are occurring from the ditch. The water so diverted may also be delivered either above or below the ditch to facilities proximate to the ditch for the same purposes. The following initial sites have been identified. These sites may be modified and other sites added. 4.4.1. Springdale Recharge/Reservoir Site m 1 (Baney): In the NW¼ SW¼ of Section 13, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 15 acres. Total active capacity in acre feet: 45 a.f. with 0 dead storage. 4.4.2. Springdale Recharge/Reservoir Site m 2 (Keller): In the SW¼ NE¼ of Section 11,

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Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 7 acres. Total active capacity in acre feet: 21 a.f. with 0 dead storage. 4.4.3. Springdale Recharge/Reservoir Site m 3 (Wyckof): In the NW¼ NW¼ of Section 17, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 1 acres. Total active capacity in acre feet: 3 a.f. with 0 dead storage. 4.4.4. Springdale Recharge/Reservoir Site m 4 (Samber): In the NW¼ NW¼ of Section 8, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 2 acres. Total active capacity in acre feet: 6 a.f. with 0 dead storage. 4.4.5 Springdale Recharge/Reservoir Site m 5 (Fritzler m 2): In the NE¼ NW¼ of Section 1, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 3 acres. Total active capacity in acre feet: 9 a.f. with 0 dead storage. 4.4.6. Springdale Recharge/Reservoir Site m 6 (Schuman): In the NW¼ NE¼ of Section 1, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 20 acres. Total active capacity in acre feet: 60 a.f. with 0 dead storage. 4.5. Amount Claimed: 30.6 c.f.s.,absolute and 31.90 c.f.s., conditional. 4.6. Use: Augmentation, recharge, replacement, irrigation, exchange for irrigation, municipal, recreation, wildlife and wildlife recovery. Applicant intends to fully utilize the water claimed 100% to extinction to the extent it is feasible to account for the same. 5. Name of Structure: Sterling Irrigation Company (SIC) Recharge Project. 5.1. Legal Description of Diversion Point: In the NW¼ of Section 25, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado at the diversion works of the Sterling Irrigation Company Ditch. 5.2. Source of Water: The South Platte River and its tributaries. 5.3. Date of Initiation of Appropriation: Started recharge March 20, 2003; maximum rate of 22.3 c.f.s. on March 28, 2003. 5.3.1. How Appropriation Was Initiated: Diversion and beneficial use. 5.4. Description of Recharge: Water is diverted at the existing headgate of the ditch and is allowed to percolate from the ditch into the underground aquifer for Applicant's stated beneficial uses. Recharge credit for augmentation is claimed for seepage from the ditch when no irrigation deliveries are occurring from the ditch. The water so diverted may also be delivered either above or below the ditch to facilities proximate to the ditch for the same purposes. The following initial sites have been identified. These sites may be modified and other sites added. 5.4.1. SIC Recharge/Reservoir Site m 1 (Guenzi): In the NW¼ NE¼ of Section 9, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 10 acres. Total active capacity in acre feet: 30 a.f. with 0 dead storage. 5.4.2. SIC Recharge/Reservoir Site m 2 (Manuello m 1): In the NW¼ NW¼ of Section 2, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 2 acres. Total active capacity in acre feet: 12 a.f. with 0 dead storage. 5.4.3. SIC Recharge/Reservoir Site m 3 (Manuello m 2): In the NE¼ NE¼ of Section 4, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 2 acres. Total active capacity in acre feet: 40 a.f. with 0 dead storage. 5.5. Amount Claimed: 22.3 c.f.s., absolute and 91.6 c.f.s., conditional. 5.6. Use: Augmentation, recharge, replacement, irrigation, exchange for irrigation, municipal, recreation, wildlife and wildlife tlinerecovery. Applicant intends to fully utilize the water claimed 100% to extinction to the extent it is feasible to account for the same. 6. Name of Structure: Ron Ruff Recharge Project. 6.1. Legal Description of Diversion Point: Ruff Recharge Well m 1-58819-F, in the SW¼ SE¼ of Section 8, Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado. See ¶7. 6.2. Source of Water: The South Platte River and its tributaries. 6.3. Date of Initiation of Appropriation: December 19, 2002. 6.3.1. How Appropriation Was Initiated; Issuance of well permit. 6.4. Description of Recharge: Water is diverted at Ruff Recharge Well m 1-58819-F and is allowed to percolate into the underground aquifer for Applicant's stated beneficial uses. The following initial sites have been identified. These sites may be modified and other sites added. 6.4.1. Ruff Recharge/Reservoir Site m 1: In the SE¼ NW¼ of Section 9, Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 4 acres. Total active capacity in acre feet: 12 a.f. with 0 dead storage. 6.4.2. Ruff Recharge/Reservoir Site m 2: In the NW¼ NE¼ of Section 9, Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado. Surface area of high water line: 4 acres. Total active capacity in acre feet: 12 a.f. with 0 dead storage. 6.5. Amount Claimed: 2.7 c.f.s.,absolute and 2.9 c.f.s., conditional. Started recharge January 17, 2003; maximum rate of 2.7 on March 27, 2003. 6.6 Use: Augmentation, recharge, replacement, irrigation, exchange for irrigation, municipal, recreation, wildlife and wildlife recovery. Applicant intends to fully utilize the water claimed 100% to extinction to the extent it is feasible to account for the same. Application for Recharge Wells 7. Applicant seeks a water right for each of the structures in the following table. Each location is in Logan County within the 6th P.M. The source of each is groundwater tributary to the South Platte River and each well is within 100 feet of the river. The appropriation date is based on the application for or issuance of the well permit. Applicant claims each amount conditional. The use of each well is recharge, augmentation, replacement and exchange. The proposed diversions from these structures will be for recharge in the ponds described in ¶2-6 or ponds to be developed. Applicant claims the use, reuse and successive uses of the water diverted for recharge purposes under the subject water rights to extinction, either directly or by exchange. Wells m 3, 5 & 12 will be diverted and recharged into the structures described, and pursuant to the terms and conditions of the Farmers Pawnee Recharge Project in Case m 95CW263, Water Division m 1.

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m Name Permit/Receipt m App Date G.P.M. Qtr/Qtr Sec Tnp Rng

1 Famm 59276-F 3/25/03 3000 NENE 25 7N 53W

2 Farmers 59275-F 3/25/03 4000 SENE 18 6N 53W

3 Hessler 59273-F 3/25/03 4000 NWSW 3 6N 53W

4 Hettinger 506883C 2/28/03 3000 SENE 18 6N 53W

5 Miller 59196-F 3/4/03 4000 SENE 26 7N 53W

6 Miller 59195-F 3/4/03 4000 SENE 26 7N 53W

7 Miller 59188-F 3/3/03 4000 SWNE 26 7N 53W

8 Ruff 58819-F 12/19/02 2500 SWSE 8 7N 52W

9 S.P.D. 506883J 2/28/03 4000 NENE 25 6N 54W

10 S.P.D 506883N 2/28/03 4000 SWSW 19 6N 53W

11 Vollmer 59274-F 3/25/03 3000 NWNW 25 6N 54W

12 Curlee 4/11/03 SW 9 6N 53W Application for Augmentation Wells 8. Applicant seeks a water right for each of the structures in the following table. Each location is in Logan County within the 6th P.M. The source of each is groundwater tributary to the South Platte River. The appropriation date is based on the application for or issuance of the well permit. Applicant claims a portion of Wells m 4, 5, 9, 10, 12, 22, 23, 24, 26, 30, 31, 33, 36, 37, 42 and 45-54 absolute based on actual diversion and beneficial use and the remaining amount, and each of the other wells, conditional. The use of each well is augmentation, replacement and exchange. Applicant claims the use, reuse and successive uses of the water diverted for augmentation purposes under the subject water rights to extinction, either directly or by exchange.

m Name Permit/Receipt m App Date G.P.M. Qtr/Qtr Sec Tnp Rng

1 Amen 59339-F 03/28/2003 1000 NW NW 21 7N 53W

2 Anderson 058046-F 08/16/2002 1500 SE SW 9 8N 52W

3 Accommaso 506876 02/28/2003 1500 SE NW 10 6N 53W

4 Cottonwood 58054-F 08/16/2002 2000 SW SE 20 6N 53W

5 DeSoto 58050-F 08/16/2002 1500 NW SE 27 9N 52W

6 Fiscus 506883I 02/28/2003 2500 NW SE 35 6N 54W

7 Fritzler, D. 59322-F 03/28/2003 4000 SW NE 7 7N 52W

8 Fritzler, W. 500708C 10/22/2002 2500 NW NE 2 5N 54W

9 Guenzi 58044-F 08/16/2002 1500 NW NE 9 8N 52W

10 Guenzi 58045-F 08/16/2002 1500 NW NE 9 8N 52W

11 Hessler 506879B 02/28/2003 2500 NW NE 15 6N 53W

12 Hettinger 58057-F 08/16/2002 2000 SE SE 17 6N 53W

13 Hettinger 58558-F 10/29/2002 2500 SE NE 20 6N 53W

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14 Hoogland 506879D 02/28/2003 2500 SW SW 10 6N 53W

15 Hoogland 506879E 02/28/2003 2500 SW SE 10 6N 53W

16 JEMAC 506883M 02/28/2003 2500 NW SE 23 6N 54W

17 Kautz 506883G 02/28/2003 2500 SW NE 3 5N 54W

18 Lingreen 506875A 02/28/2003 1500 SW SW 36 7N 53W

19 Lingreen 506875B 02/28/2003 3000 NW SE 36 7N 53W

20 Curlee 506883L 02/28/2003 2500 SE SE 25 6N 54W

21 Curlee 506883K 02/28/2003 2500 SE SW 16 6N 53W

22 Manuello 58042-F 08/16/2002 1500 NE NW 3 8N 52W

23 Mari Bros. 58052-F 08/16/2002 2000 SE SE 20 6N 53W

24 Mari Bros. 58053-F 08/16/2002 2000 NW SW 21 6N 53W

25 Mari, Rod 506878 02/28/2003 1500 SE SW 21 6N 53W

26 Pomeroy 58051-F 08/16/2002 2000 NW NE 20 7N 53W

27 Pomeroy 59323-F 03/28/2003 1000 NE NW 29 7N 53W

28 Pomer0y 59324-F 03/28/2003 1000 NE SE 2 6N 54W

29 Propst 506882 02/28/2003 2500 SW SE 2 6N 53W

30 Quint, Ron 58559-F 10/29/2002 2000 SW NW 31 6N 53W

31 Roth 58043-F 08/16/2002 1500 SE NW 16 8N 52W

32 Smart 506879A 02/28/2003 2500 SE SE 16 6N 53W

33 Smith, R. 58056-F 08/16/2002 2000 SE SW 29 6N 53W

34 S. Platte 506883H 02/28/2003 2500 SW NW 2 5N 54W

35 S. Platte 506883-F 02/28/2003 3000 SW SE 30 6N 53W

36 Sterling 58047-F 08/16/2002 1500 SW SW 30 8N 52W

37 Sterling 58048-F 08/16/2002 2000 NE NW 7 7N 52W

38 Sterling 58049-F 08/16/2002 2000 SE NW 25 8N 53W

39 Trahern 506877 02/28/2003 2500 SE SW 53 6N 53W

40 Vandemoer 506883D 02/28/2003 2500 SW SW 35 6N 54W

41 Vandemoer 506883E 02/28/2003 2500 SE NW 35 6N 54W

42 Vollmer 58055-F 08/16/2002 2500 SE SW 20 6N 53W

43 Vollmer 506881C 02/29/2003 2500 NE NW 24 6N 54W

44 Vollmer 506881D 03/28/2003 2500 NW SW 24 6N 54W

45 SIC A1 16760-F 12/31/1972 2450 NE NE 7 7N 52W

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46 SIC A2 16763-F 12/31/1972 2450 SE NE 7 7N 52W

47 SIC A3 16759-F 12/31/1972 2450 SE SE 6 7N 52W

48 SIC A4 16754-F 12/31/1972 2450 NE SE 6 7N 52W

49 SIC A5 16762-F 12/31/1972 2450 SE NE 6 7N 52W

50 SIC A6 16761-F 12/31/1972 2450 SW NE 6 7N 52W

51 SIC B1 19533-F 4/7/1972 2240 SE SE 7 7N 52W

52 SIC B2 19532-F 4/7/1972 2240 SE SW 31 8N 52W

53 SIC B3 19531-F 4/7/1972 1340 SE SW 30 8N 52W

54 SIC B4 19530-F 4/7/1972 2070 SW SE 20 8N 52W Application for Change of Water Rights 9. Decreed Name of Structure: (Farmers) Pawnee Ditch (500 shares) 9.1. Decrees: The Farmers Pawnee Ditch was decreed in Case m 304, on November 15, 1894 with appropriation dates of September 17, 1873 for 14.4 c.f.s. and June 22, 1882 for 126.0 c.f.s from the South Platte River. The decreed use is for irrigation. The Pawnee Ditch headgate is located in NE¼ Section 27, Township 6 North, Range 54 West of the 6th P.M., Logan County, Colorado. 9.2. Historic Use: The 500 shares of the ditch have and are used to irrigate 10,000 acres. 9.3. Proposed Change: Applicant seeks to change the use of the shares to include augmentation, replacement, exchange and recharge into the structures described in, and pursuant to the terms and conditions of, the Farmers Pawnee Recharge Project in Case m 95CW263, Water Division m 1, as well as the decreed irrigation use, with the right to totally consume the consumable portion of the water, either by first use, successive use, or disposition. Applicant proposes to bypass the shares as needed at the river headgate and/or at structures along the ditch below the river headgate to provide augmentation water. Such augmentation use will replace historic return flows including ditch seepage losses from the use of such surface water rights in the time, location and amount in which they occurred and prevent expanded use of such surface water rights so that other water rights will not be injured. 10. Decreed Name of Structure: Prewitt Inlet Canal. Morgan-Prewitt Reservoir Company (30.25 shares). Logan Irrigation District (12,816.2 acre-rights). 10.1. Decrees: Prewitt Inlet Canal was decreed in Case m 2142 on January 15, 1914 for 32,300 a.f. with an appropriation date of May 25, 1910 and in Case m 16704 on October 18, 1965 for 34,960 a.f. with an appropriation date of December 31, 1929. The Prewitt inlet canal is located in Section 24, Township 4 North, Range 55 West of the 6th P.M., Morgan County, Colorado and the Prewitt Reservoir is located in Section 2, Township 5 North, Range 54 West of the 6th P.M., Washington and Logan Counties, Colorado. 10.2. Historic Use: The 30.25 shares of the Morgan-Prewitt have and are used to irrigate 696 acres, along with other water supplies. The 12, 816.2 acre-rights of the Logan-Prewitt have and are used to irrigate 12,816.2 acres, along with other water supplies. 10.3. Proposed Change: Applicant seeks to change the use of the shares and acre rights to include augmentation, replacement, exchange and recharge into the structures described in ¶2-6, as well as the decreed irrigation use, with the right to totally consume the consumable portion of the water, either by first use, successive use, or disposition. Applicant also proposes to release the shares or rights from Prewitt Reservoir and leave the water in the river to provide augmentation rather than divert them at down stream ditches for irrigation. Such augmentation use will replace historic return flows including ditch seepage losses from the use of such surface water rights in the time, location and amount in which they occurred and prevent expanded use of such surface water rights so that other water rights will not be injured. 11. Decreed Name of Structure: Schneider Ditch (125 shares) 11.1 Decrees: Schneider Ditch was decreed in the Logan County District Court, Case m 547 on May 29, 1897 for 11 c.f.s. with an appropriation date of April 10, 1873; Case m 766 on November 15, 1894 for 25 c.f.s with an appropriation date of July 15, 1875 and 22 c.f.s with an appropriation date of October 20, 1880 for irrigation purposes. The point of diversion is on the South bank of the South Platte River near the NW¼, SW¼ of Section 9, Township 6 North, Range 53 West of the 6th P.M. Logan County, Colorado. 11.2. Historic Use: The 125 shares of the ditch have and are used to irrigate 2,692 acres. 11.3. Proposed Change: Applicant seeks to change the use of the shares to include augmentation, replacement, exchange and recharge into the structures described in ¶2, as well as the decreed irrigation use, with the right to totally consume the consumable portion of the water, either by first use, successive use, or disposition. Applicant proposes to bypass the shares as needed at the river headgate and/or at structures along the ditch below the river headgate to provide augmentation water. Such augmentation use will replace historic return flows including ditch seepage losses from the use of such surface water rights in the time, location and amount in which they occurred and prevent expanded use of such surface water rights so that other water rights will not be injured. 12. Decreed Name of Structure: South Platte Ditch (206.9 shares) 12.1. Decrees:

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78

South Platte Ditch was decreed in the Case m 304 on November 15, 1894 for 22.5 c.f.s. with an appropriation date of May 1, 1872; Case m 765 on February 24, 1903 for 7.5 c.f.s with an appropriation date of February 15, 1876, 20.0 c.f.s with an appropriation date of April 21, 1883 and 37.5 c.f.s with an appropriation date of May 1, 1890; Case m 605 on September 29, 1902 for 50.0 c.f.s. with an appropriation date of April 1, 1896 for irrigation purposes. The point of diversion is in the SW¼ of Section 9, Township 5 North, Range 54 West of the 6th P.M. Logan County, Colorado. 12.2. Historic Use: The 206.9 shares of the ditch have and are used to irrigate 5,774 acres. 12.3. Proposed Change: Applicant seeks to change the use of the shares to include augmentation, replacement, exchange and recharge into the structures described in ¶3, as well as the decreed irrigation use, with the right to totally consume the consumable portion of the water, either by first use, successive use, or disposition. Applicant proposes to bypass the shares as needed at the river headgate and/or at structures along the ditch below the river headgate to provide augmentation water. Such augmentation use will replace historic return flows including ditch seepage losses from the use of such surface water rights in the time, location and amount in which they occurred and prevent expanded use of such surface water rights so that other water rights will not be injured. 13. Decreed Name of Structure: Springdale Ditch (831.5 shares) 13.1. Decrees: Springdale Ditch was decreed in Case m 304 on November 15, 1894 for 62.275 c.f.s. with an appropriation date of July 19, 1886 for irrigation purposes. The point of diversion is in the NW¼ NW¼ of Section 35, Township 7 North, Range 53 West of the 6th P.M. Logan County, Colorado. 13.2. Historic Use: The 831.5 shares of the ditch have and are used to irrigate 4,490 acres. 13.3. Proposed Change: Applicant seeks to change the use of the shares to include augmentation, replacement, exchange and recharge into the structures described in ¶4, as well as the decreed irrigation use, with the right to totally consume the consumable portion of the water, either by first use, successive use, or disposition. Applicant proposes to bypass the shares as needed at the river headgate and/or at structures along the ditch below the river headgate to provide augmentation water. Such augmentation use will replace historic return flows including ditch seepage losses from the use of such surface water rights in the time, location and amount in which they occurred and prevent expanded use of such surface water rights so that other water rights will not be injured. Application for Plan of Augmentation 14. Structures to Be Augmented: 388 wells described in the following table and the wells described in ¶8 above. The plan is intended to augment any replacement well or alternate point of diversion well authorized in connection with one of the listed wells.

Well Wate

r Well Location

Name Well Permit

Number

Court Case No. QuarterQuarter Section Township Range

1 C. Anderson 8576 W255

1 NE1/4NE1/4 24 08N 53W

2 Robert Baney 5852

W1936

83W362 SW1/4SW1/4 12 07N 53W

3 Robert Baney 5853 W193

6 SW1/4SW1/4 12 07N 53W

4 Robert Baney 015534 W193

6 SW1/4NW1/4 13 07N 53W

5 Robert Baney 015535F W193

6 SW1/4NE1/4 13 07N 53W

6 Robert Baney Not Reg W580

7 SE1/4SW1/4 10 08N 53W7 Baseggio Brothers 20058 W809 SW1/4NW1/4 14 07N 53W8 Baseggio Brothers 11768 W809 SW1/4NE1/4 14 07N 53W

9 Larry Bettger 19902 W117

3 NW1/4SE1/4 18 08N 52W

10 Harry Bostron 12690 W204

1 SW1/4NW1/4 31 07N 53W11 Harry Bostron 6569F W620 SE1/4 31 07N 53W

July 2003


79

12 Harry Bostron 9325F W204

1 NE1/4SW1/4 31 07N 53W13 Harry Bostron 9465F W620 NE1/4 31 07N 53W


1 NW1/4NE1/4 6 06N 53W


0 SW1/4SE1/4 32 07N 53W

16 Wayne Jensen 1-2699F W138

7 NE1/4NE1/4 8 08N 52W

17 Colette Farms, Inc. R15326 W372

6 NW1/4NW1/4 27 07N 53W

18 Colette Farms, Inc. R12075 W372

6 NW1/4NW1/4 27 07N 53W

19 Donald Fritzler 09023 W298

7 NW1/4SW1/4 22 07N 53W

20 Donald Fritzler PO8856 W365

3 NE1/4SW1/4 27 07N 53W

21 Calvin Craven 1089 W186

5 SW1/4NE1/4 5 06N 53W

22 Albert Dermer 20154 W199

4 SW1/4SW1/4 13 07N 53W

23 Albert Dermer 4243F W199

4 SW1/4SW1/4 13 07N 53W

24 Albert Dermer RD 580 W199

4 SW1/4SE1/4 12 07N 53W

25 Mark Dick Not Reg W356

4 NW1/4NE1/4 8 08N 52W26 Albert Fritzler 1538 W868 SW1/4 NW1/4 1 07N 53W27 Albert Fritzler 6940F W868 SE1/4 NW1/4 1 07N 53W

28 Katherine Fritzler PR19853RF60

W2322 SW1/4SW1/4 18 06N 53W

29 Douglas Fritzler 9392F W908 NE1/4NE1/4 11 07N 53W30 Douglas Fritzler 10355 W908 NW1/4NE1/4 11 07N 53W31 Guenzi Family Land LLLP 4511F W797 NE1/4NW1/4 7 08N 52W

32 Eileen Hein 5924F W300

8 SW1/4SE1/4 18 08N 52W

33 Mary Pomeroy 6634 W197

8 NW1/4SE1/4 28 07N 53W34 Chris Vandemoer 1092 W632 SW1/4 SE1/4 24 08N 53W

35 Chris Vandemoer 14621 W109

6 NW1/4SW1/4 27 07N 53W36 Bill Ils 203 W881 NW1/4NE1/4 7 08N 52W

37 CJK Farms, LLC RO1898 W193

5 NW1/4SE1/4 27 07N 53W

38 Keller Farms, Inc. 1031 W236

4 SE1/4SW1/4 11 07N 53W


4 SE1/4SE1/4 11 07N 53W


1 NW1/4NW1/4 10 07N 53W

July 2003


80

41 Keller Farms, Inc. 10430 F W271

1 NW1/4NW1/4 10 07N 53W42 Keller Farms, Inc. 6800 W400 SW1/4NE1/4 12 07N 53W

43 Keller Farms, Inc. 12246RF W364

9 SW1/4SW1/4 10 07N 53W

44 Keller Farms, Inc. 10945 F W193

6 NW1/4NE1/4 9 07N 53W

45 Eva Guenzi 8871F W155

9 SE1/4SW1/4 8 06N 53W

46 Jerald Kuntz 13710F W856

6 SW1/4NW1/4 26 07N 53W

47 John Lambrecht 12684F W298

6 N1/2 SE1/4 21 07N 53W

48 Ermelindo Mateus 6809 W258

6 SE1/4SE1/4 13 08N 53W

49 Ermelindo Mateus 5891F W258

6 NE1/4SE1/4 13 08N 53W50 Alex Meisner 13500 W808 SE1/4SW1/4 5 08N 52W51 Alex Meisner 13499 W808 SE1/4SW1/4 5 08N 52W52 Edwin Miller R21486 W791 NE1/4NW1/4 24 07N 53W53 Edwin Miller 1776 W789 SW1/4NW1/4 23 07N 53W54 Gary Miller 12487 W791 NW1/4 SW1/4 13 07N 53W55 Sandra Meininger 5780F W791 SW1/4 SE1/4 14 07N 53W56 A.H. Tetsell Farm & Ranch 20269 W531 NW1/4SW1/4 18 08N 52W

57 Shirley Williamson 14160 W155

9 NW1/4NW1/4 8 06N 53W


5 SE1/4SW1/4 8 06N 53W


9 NW1/4SW1/4 8 06N 53W

60 Mori Brothers 20061 W135

8 NW1/4NE1/4 22 07N 53W

61 Lousberg Partnership 0841 W135

8 SW1/4SW1/4 16 07N 53W

62 Lousberg Partnership 0843 W135

8 SW1/4SW1/4 16 07N 53W


8 NW1/4NW1/4 23 07N 53W


8 NW1/4NE1/4 22 07N 53W65 Town of Merino RF160 W901 NE1/4SE1/4 13 06N 54W

66 Town of Merino 1208 W236

8 NW1/4NE1/4 18 06N 53W

67 Bret McEndaffer 11064 W329

0 SW1/4SW1/4 5 06N 53W

68 Bret McEndaffer 11065 W329

0 SW1/4NE1/4 5 06N 53W

69 Bret McEndaffer 39309 99C

W183 SW1/4 SE1/4 5 06N 53W

July 2003


81

70 Bret McEndaffer Pending 99C

W183 SW1/4 SE1/4 5 06N 53W

71 Dennis McLavey 1 20057 W110

1 NE1/4NE1/4 23 07N 53W

72 Werdna Nelson 7287 W202

9 NE1/4NW1/4 8 08N 52W

73 Werdna Nelson 6207F W202

9 SE1/4SW1/4 8 08N 52W

74 Charlotte O'Connell 20746 W345

6 NW1/4SE1/4 25 08N 53W

75 Lester Patten 20435 W139

8 NW1/4NW1/4 16 08N 52W

76 Betty Patten 1-4472 W132

0 SW1/4NW1/4 12 07N 53W

77 Propst, Lewis V., Corp. 0597 W175

0 SW1/4NE1/4 13 06N 54W78 Gene Miller 20082 W578 NE1/4NE1/4 23 07N 53W79 Gene Miller 6144 W578 NW1/4SE1/4 23 07N 53W80 Marjorie Rieke 14143 W655 NW1/4NW1/4 9 08N 52W81 Victor Schroeder 14743 W813 NW1/4NW1/4 9 08N 52W82 Chris Vandemoer 1414 W528 S1/2 NE1/4 22 07N 53W

83 Monte Rogers 14168 W154

9 NE1/4SE1/4 5 08N 52W

84 Gerald Ruf 20059-1 W126

8 NW1/4NE1/4 18 08N 52W

85 Gerald Ruf 5754F W126

8 NW1/4NE1/4 18 08N 52W

86 Gerald Ruf 20059-2 W126

8 NW1/4NE1/4 18 08N 52W

87 Hoogland Living Trust 1989 W138

0 SW1/4NE1/4 28 07N 53W

88 William Kerwin 2094 F W152

6 SW1/4NW1/4 34 07N 53W

89 Zella Sager 0821 W165

4 NW1/4SW1/4 18 06N 53W

90 John Scalva 015501 W158

1 SW1/4SW1/4 23 07N 53W

91 John Scalva 6635 W158

1 NW1/4NW1/4 26 07N 53W

92 Elmer Schaffer RO 1413 W191

5 NW1/4NW1/4 22 07N 53W

93 Elmer Schaffer PO 6570 W191

5 NW1/4NW1/4 22 07N 53W

94 Elmer Schaffer R 10174 W191

5 SW1/4NW1/4 22 07N 53W

95 Joe Delaware RO1724 W573

5 SW1/4SE1/4 33 07N 53W

96 School Dist Re 4 Buffalo 0750 W328

2 SW1/4SE1/4 13 06N 54W

July 2003


82

97 School Dist Re 4 Buffalo 5496 F

W3282 NW1/4SE1/4 13 06N 54W

98 Schlegel Ranch Partnership 4402F W180

9 NE1/4 NW1/4 24 06N 54W

99 Schlegel Ranch Partnership 5781F W180

9 SE1/4SW1/4 13 06N 54W

100 City of Sterling R8470 W570

8 SE1/4 NW1/4 25 08N 53W

101 City of Sterling 2005F W570

8 SE1/4 NW1/4 25 08N 53W


8 SE1/4 NW1/4 25 08N 53W


8 SW1/4 SE1/4 25 08N 53W104 William Smith 1093 W632 SW1/4SW1/4 33 07N 53W

105 William Smith 4470-F W164

9 NE1/4NE1/4 33 07N 53W

106 Mergs Unlimited PO 2077 W189

5 NW1/4 SW1/4 4 06N 53W107 Chris Vandemoer 1090 W632 SW1/4SE1/4 22 07N 53W


3 NW1/4NE1/4 27 07N 53W109 Chris Vandemoer 1091 W632 SW1/4NE1/4 21 07N 53W110 Daryle Vollmer RO1060 W693 NE1/4NW1/4 24 06N 54W

111 Daryle Vollmer 1 6546R W145

6 NW1/4SW1/4 24 06N 54W112 Daryle Vollmer R01695 W680 NW1/4NW1/4 25 06N 54W113 Richard Walker 7172 W893 SE1/4 NE1/4 13 07N 53W

114 Richard Walker 1-5239F W106

9 SE1/4NW1/4 18 07N 52W

115 Justin Weber 13066F W155

9 NW1/4NE1/4 33 07N 53W116 Kenneth & EvaGuenzi 6034 W632 NW1/4 NW1/4 4 06N 53W

117 Christopher Smith 10836-F W573

4 NE1/4NE1/4 24 06N 54W

118 Dave Lebsock 1765 W109

8 NW1/4NE1/4 25 08N 53W119 Donald Werner 492581 W804 SW1/4SE1/4 21 07N 53W

120 E. Nelson P15593 W142

8 SW1/4SW1/4 28 07N 53W

121 Moira Jackson 6187R168 W162

7 SW1/4SW1/4 7 06N 53W122 Larry Taylor 2279 RF W760 NE1/4SW1/4 4 08N 52W

123 Sterling Country Club R16079 W575

8 NW1/4NW1/4 36 08N 53W

124 Sterling Country Club 25864

82-CW-291 SW1/4NW1/4 36 08N 53W

125 Rex Monahan 2115F W821 NW1/4NW1/4 31 08N 52W

July 2003


83

126 Rex Monahan 12692 W193

6 NE1/4SW1/4 26 08N 53W

127 Rex Monahan 9147F W373

1 NW1/4 26 08N 53W128 Hettinger Farm & Ranch, Inc. 3916-2-1551 W860 SE1/4SE1/4 7 06N 53W129 Hettinger Farm & Ranch, Inc. 3915 W860 SW1/4SW1/4 8 06N 53W130 Hettinger Farm & Ranch, Inc. 14094 W860 NW1/4NW1/4 17 06N 53W131 Hettinger Farm & Ranch, Inc. 03346F W860 NW1/4NW1/4 7 06N 53W

132 City of Sterling RF8472 W570

8 NE1/4NW1/4 7 07N 52W

133 City of Sterling RF72

W5708 NE1/4NW1/4 7 07N 52W


8 NE1/4SW1/4 32 08N 52W

135 City of Sterling RF1046 W570

8 SE1/4 SW1/4 32 08N 52W


8 SE1/4 SW1/4 21 08N 52W

137 City of Sterling 25863

W5708 NE1/4NW1/4 7 07N 52W


W5708 NW1/4NE1/4 7 07N 52W


W5708 NW1/4NE1/4 35 08N 53W

140 City of Sterling NR (Air27)

W5708 NE1/4SE1/4 35 08N 53W

141 City of Sterling NR (Air28)

W5708 SE1/4SE1/4 35 08N 53W

142 Darrell Albrandt 6575 W175

3 SW1/4NW1/4 30 06N 53W

143 Bartlett Melvin Farms 6575 W175

3 SW1/4NW1/4 30 06N 53W

144 Bartlett Melvin Farms 6690F 97CW92 SE1/4 NW1/4 29 06N 53W

145 Albert Amen 1094 W632 SE1/4 SW1/4 34 06N 54W146 Albert Amen R16396 W632 SE1/4 NW1/4 34 06N 54W147 William Anderson 1094 W632 SE1/4 SW1/4 34 06N 54W

148 Barton Bollers 6660 F W175

0 SW1/4SE1/4 20 06N 53W149 Curlee Family Part., Ltd. 16868 W497 SE1/4SE1/4 25 06N 54W150 William Fritzler 30009-3586 W889 NW1/4NE1/4 2 05N 54W

151 Gordon Stumpf 7248 W175

7 SE1/4NW1/4 2 05N 54W

152 Helmut 15278

W1758 SW1/4SE1/4 30 06N 53W


1 SW1/4 SW1/4 35 06N 54W

154 Howard Hettinger 18036 W175

9 SE1/4NE1/4 20 06N 53W

July 2003


84

155 Howard Hettinger 6508F W175

2 SE1/4SE1/4 17 06N 53W


3 SE1/4 SW1/4 17 06N 53W


0 SE1/4NE1/4 16 06N 53W

158 David Kautz 03065F W175

7 SW1/4NE1/4 3 05N 54W

159 Clinton Fiscus R19900 W176

2 NW1/4SE1/4 35 06N 54W

160 Mari Bros., Inc. 2974F W155

9 NW1/4SW1/4 21 06N 53W

161 Mari Bros., Inc. 2974F W155

9 NW1/4 SW1/4 21 06N 53W

162 Mari Bros., Inc. 12794 W155

9 NW1/4SW1/4 20 06N 53W163 Mari Bros., Inc. 1259 W792 SE1/4SW1/4 21 06N 53W

164 Mari Bros., Inc. 20715 W816

6 SW1/4SE1/4 21 06N 53W


0 SE1/4SW1/4 19 06N 53W


0 SW1/4NE1/4 19 06N 53W

167 Propst, Lewis V., Corp. 6692 F W175

0 SE1/4SW1/4 19 06N 53W

168 Propst Corp.-stock 10825

W5704 NE1/4SW1/4 19 06N 53W

169 Propst Corp.-stock 21830

W5704 NE1/4SW1/4 19 06N 53W

170 Ronald Quint R13655 W175

6 SW1/4NW1/4 31 06N 53W

171 Russell Smith 1260 W154

6 SE1/4SW1/4 29 06N 53W

172 Daryle Vollmer 3142RF W175

1 NE1/4SE1/4 25 06N 54W

173 Daryle Vollmer 1802 RF573W175

0 SW1/4NE1/4 19 06N 53W

174 Daryle Vollmer 0598 W175

0 SE1/4SW1/4 20 06N 53W

175 Daryle Vollmer 15971 W176

0 SE1/4SW1/4 25 06N 54W

176 Smart Brothers, Inc. 0607 W175

2 SW1/4NE1/4 21 06N 53W


2 SE1/4NE1/4 21 06N 53W


2 SE1/4SE1/4 16 06N 53W

179 Smart Brothers, Inc. 9148 F W175

2 SW1/4NW1/4 22 06N 53W180 Smart Brothers, Inc. 14137 W687 SW1/4NE1/4 15 06N 53W

July 2003


85

181 Hessler Farms, Inc. R6342RF W687 SW1/4SE1/4 10 06N 53W182 Hessler Farms, Inc. 5801 W687 SW1/4NW1/4 15 06N 53W183 Hessler Farms, Inc. 14137 W687 SW1/4NE1/4 15 06N 53W184 Hessler Farms, Inc. 4466 F W687 NW1/4NE1/4 15 06N 53W

185 Robert Lingreen 10320RF W8712(77) NW1/4 NW1/4 6 06N 52W

186 Robert Lingreen 21283F W8712(77) NW1/4 NW1/4 6 06N 52W

187 Curlee Family Part., Ltd. 041776F W497 SE1/4 NW1/4 16 06N 53W188 Curlee Family Part., Ltd. 041777F W497 SE1/4SW1/4 16 06N 53W

189 Curlee Family Part., Ltd. 041778F 92C

W010 NE1/4 SW1/4 16 06N 53W

190 Chris Vandemoer RF-768 W176

1 SE1/4 NW1/4 35 06N 54W


3 NE1/4NE1/4 34 06N 54W

192 Hoogland Living Trust 19331 W109

9 SW1/4SW1/4 10 06N 53W

193 Hoogland Living Trust R 5946 W193

6 SW1/4 SE1/4 10 06N 53W

194 Hoogland Living Trust 38879F 91C

W014 SE1/4 NE1/4 10 06N 53W

195 Accomasso Bros. RF438 W327

8 SE1/4 NE1/4 9 06N 53W

196 Accomasso Bros. P02687 W327

8 SE1/4 NW1/4 10 06N 53W

197 Alberta Smart 5962 W349

2 SW1/4SE1/4 35 07N 53W

198 Sunset Memorial Gardens 11883FR W564

9 NE1/4SE1/4 8 08N 52W199 Alfred Vendegna 56980F W991 SE1/4NW1/4 31 08N 52W200 Elmer Wagner 9058F W794 NW1/4NE1/4 17 08N 52W201 Elmer Wagner 6150 W794 NW1/4NE1/4 17 08N 52W202 Jack Nixon R 00909 W790 SE1/4NW1/4 7 07N 52W

203 George Kloberdanz 2-19659 W100

6 SW1/4SE1/4 1 07N 53W

204 George Kloberdanz 1-19659 W100

6 SE1/4SE1/4 1 07N 53W205 Frieda Knaub R00691 W864 NW1/4SE1/4 8 08N 52W

206 Sylvia Gregory 19867RF W313

0 SW1/4NE1/4 24 07N 53W

207 Carlton Wyckoff 5495F W247

4 NE1/4NW1/4 17 08N 52W208 Stan Fry 1088RF391 W632 SW1/4NE1/4 24 07N 53W209 Leon Fritzler 19520 W869 NW1/4NW1/4 7 07N 52W210 Edward Fritzler 6261 W870 SW1/4SW1/4 1 07N 53W

211 Everett Duncan 15391F W119

9 NW1/4SW1/4 30 08N 52W212 John Amen 18050 W391 SW1/4SW1/4 7 07N 52W

July 2003


86

213 Henry Schaffer 7076 W944 SW1/4NE1/4 7 07N 52W214 Henry Schaffer 7075 W944 SW1/4NE1/4 7 07N 52W

215 Al Miller 12486R W386

1 SE1/4NW1/4 24 07N 53W

216 Al Miller 18765F W386

1 NE1/4NE1/4 26 07N 53W217 Douglas Fritzler 4-2381F W868 SW1/4 SE1/4 4 07N 53W218 Douglas Fritzler 6742F W868 NW1/4 SE1/4 4 07N 53W

219 Allen Mitchek 6743 F W573

6 SW1/4NW1/4 31 08N 52W220 DJ & J Farms (FAMM farms) 1-04327 W796 NE1/4SE1/4 25 07N 53W

221 Dan Klindt R292 W157

4 NW1/4SE1/4 35 07N 53W

222 Larry Michel R292 W157

4 NW1/4SE1/4 35 07N 53W223 Propst Brothers Inc 04428F W795 SW1/4SE1/4 2 06N 53W

224 Leo Michel 04355F W157

3 SE1/4NE1/4 3 06N 53W225 Trahern Hay, Inc. 19901 W794 SE1/4SW1/4 2 06N 53W

226 Dean Rasmussen 20467 W327

4 NE1/4NW1/4 30 07N 52W227 Dan Klindt 15263 W815 SW1/4NW1/4 36 07N 53W

228 Colorado Division of Wildlife Not Reg W364

1 SE1/4SW1/4 19 07N 52W

229 Cecil Farms 14136 W161

4 SE1/4SW1/4 25 07N 53W230 Bryce Carlson 15264 W815 SW1/4 NW1/4 31 07N 52W

231 Bryce Carlson 8407 W154

7 SE1/4 SW1/4 30 07N 52W

232 Robert Lingreen 7195 W246

6 SW1/4SW1/4 36 07N 53W

233 Datteri Brothers R11751 W1250-77 SE1/4SW1/4 3 06N 53W

234 Clarence Antonsen 1-04430F W411

6 NE1/4SW1/4 35 07N 53W235 Dale Anderson 03853 F W655 SW1/4SE1/4 9 08N 52W

236 James Brammer 6149 W192

7 SE1/4NW1/4 21 08N 52W

237 John DeSoto 10495 W156

0 NW1/4SE1/4 27 09N 52W238 Jean Fritzler 1488 W568 SW1/4SE1/4 10 08N 52W239 Jean Fritzler 2698F W568 SW1/4NE1/4 10 08N 52W

240 Gareis Farms, Inc. 2688F W182

8 SW1/4SW1/4 10 08N 52W

241 Gareis Farms, Inc. PO4465 W182

8 NE1/4NW1/4 16 08N 52W242 Daniel Jones 2-3620F W761 SW1/4SW1/4 3 08N 52W243 Manuello's Inc. 4512F W639 NW1/4NE1/4 3 08N 52W

July 2003


87

244 Emilie Roth P04465 W182

7 NE1/4NW1/4 16 08N 52W245 Robert Ruff 1596 W928 SE1/4NW1/4 6 07N 52W246 David Guenzi 1-9057F W760 NW1/4NE1/4 9 08N 52W247 David Guenzi 2-6630F W760 NW1/4NE1/4 9 08N 52W

248 Kenneth & Eva M. Guenzi 22299F W871

3 SW1/4NE1/4 33 08N 53W249 Kenneth & Eva M. Guenzi 3006F W498 NW1/4NW1/4 2 07N 53W250 Kenneth & Eva M. Guenzi 3007F W498 SW1/4NW1/4 2 07N 53W251 Kenneth & Eva M. Guenzi 4049 F W498 SE1/4SW1/4 35 08N 53W252 Kenneth & Eva M. Guenzi 5400F W793 SW1/4NE1/4 33 08N 53W253 Kenneth & Eva M. Guenzi 6700 W498 SE1/4SW1/4 35 08N 53W254 Kenneth & Eva M. Guenzi 6701 W498 NW1/4NW1/4 2 07N 53W

255 Eva Guenzi 1A-19605F W8055-75 SE1/4NE1/4 4 07N 52W

256 Kenneth Guenzi 0842 W457

9 NW1/4NW1/4 19 07N 53W


9 NE1/4NE1/4 19 07N 53W


4 NW1/4SW1/4 18 07N 53W


4 NW1/4SW1/4 18 07N 53W


4 NW1/4SW1/4 18 07N 53W

261 Kenneth Guenzi 4016 F W7515-78 NW1/4NW1/4 11 07N 54W

262 Kenneth Guenzi R13931 W751

5 NE1/4NW1/4 11 07N 54W

263 Kenneth Guenzi R13932 W751

5 NE1/4NW1/4 11 07N 54W

264 Kenneth & Eva M. Guenzi 0111 W339

6 NW1/4SE1/4 6 06N 54W


6 SE1/4SW1/4 6 06N 54W


6 SE1/4SE1/4 6 06N 54W

267 Kenneth & Eva M. Guenzi 24582F

W79CW0

69 NW1/4NE1/4 6 06N 54W

268 David Guenzi 014317 W580

7 SW1/4NW1/4 11 08N 53W

269 John Guenzi 11623F W381

4 SE1/4SE1/4 14 07N 54W


4 NW1/4SW1/4 13 07N 54W


4 NW1/4SW1/4 13 07N 54W

272 Hessler Farms, Inc.-feedlot north

Not Reg

01CW303 NE1/4 SW1/4 15 06N 53W

July 2003


88

273 Hessler Farms, Inc.-feedlot ltpole

111290A

01CW303 NE1/4 SW1/4 15 06N 53W

274 Hessler Farms, Inc.-feedlot south

Not Reg

01CW303 SW1/4 SE1/4 15 06N 53W

275 Manuello's Inc. 043980-F SW1/4 NE1/4 3 08N 52W276 Manuello's Inc. 25917 NE1/4 NW1/4 3 08N 52W277 Manuello's Inc. 49223 NW1/4 NW1/4 3 08N 52W278 Manuello's Inc. 53980-F SW1/4NE1/4 3 08N 52W279 Manuello's Inc. Not Reg SW1/4 NE1/4 3 08N 52W280 Manuello's Inc. Not Reg SW1/4 NE1/4 3 08N 52W

281 Bornhoft Feedyards, Inc. 49693 W581

3 SE1/4SE1/4 35 09N 53W

282 Bornhoft Feedyards, Inc. Not Reg W581

3 SE1/4SE1/4 35 09N 53W

283 Bornhoft Feedyards, Inc. 032422F W581

3 SE1/4SE1/4 35 09N 53W

284 Everett Duncan 7286 W142

9 SW1/4SW1/4 30 08N 52W

285 Highland Park Water Co 14135 W244

0 BLK 1, LOT 5 36 08N 53W286 Ronald Ruff 20893 W405 SW1/4SE1/4 8 07N 52W

287 Lousberg Partnership 013083RF

W1936

83CW73 SW1/4 9 07N 53W

288 Lousberg Partnership 26440-F

W83CW0

73 NW1/4NW1/4 9 07N 53W289 Lousberg Partnership 046767-F NE1/4NW1/4 16 07N 53W

290 Lousberg Partnership 11427RF W135

8 NE1/4NE1/4 16 07N 53W

291 Lousberg Partnership 35463

W82CW1

94 NW1/4SW1/4 26 07N 53W

292 Lousberg Partnership 5011-F

W82CW1

94 SW1/4 SW1/4 26 07N 53W293 David Amen 7398 W492 NW1/4NW1/4 21 07N 53W294 David Amen 7400 W492 NW1/4NW1/4 21 07N 53W295 David Amen R7399-RF W492 NW1/4SW1/4 21 07N 53W

296 Robert Karg 12079F W253

9 SW1/4SE1/4 9 06N 53W297 Glen Pomeroy 6621 W620 NE1/4SE1/4 2 06N 54W298 Glen Pomeroy 9464F W620 NW1/4 29 07N 53W299 Kenneth Pomeroy 17958-1 W620 NW1/4NE1/4 20 07N 53W300 Kenneth Pomeroy 17958-2 W620 SW1/4NE1/4 20 07N 53W301 Perry Pomeroy III 9463F W620 S1/2NW1/4 29 07N 53W302 Perry Pomeroy Jr. 4326F W620 NE1/4NE1/4 30 07N 53W

July 2003


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303 Alan Amen 14164 W110

9 NW1/4SE1/4 13 07N 54W

304 Alan Amen 5010F W110

9 NW1/4SE1/4 13 07N 54W

305 Lillian Amen Family Trust 10783 W372

7 NW1/4NW1/4 18 07N 53W

306 Lillian Amen Family Trust 10784 W372

7 NW1/4NW1/4 18 07N 53W

307 Lillian Amen Family Trust R10785 W372

7 SW1/4NW1/4 12 07N 54W308 Paul Lebsock, Jr. 7097 W894 SW1/4SW1/4 17 07N 53W309 Paul Lebsock, Jr. 7098 W894 SW1/4SE1/4 17 07N 53W310 Paul Lebsock, Jr. 3659 F W894 NW1/4SE1/4 16 07N 54W

311 Prewitt Ranch 6195F W146

9 NE1/4NE1/4 14 05N 54W

312 Prewitt Ranch 6312F W146

9 NE1/4SE1/4 12 05N 54W

313 James Stephens-Mike Goss 0339 W265

3 SW1/4SW1/4 13 06N 54W

314 James Stephens-Mike Goss 2-9447 W265

3 NW1/4SE1/4 14 06N 54W

315 School Dist Re 1 Valley 11856F W573

1 NE1/4SE1/4 29 08N 52W


1 SE1/4NW1/4 29 08N 52W

317 School Dist Re 1 Valley 25519 W573

1 NW1/4NE1/4 21 08N 52W


1 NW1/4NE1/4 21 08N 52W


1 NE1/4SE1/4 30 08N 52W


1 NE1/4SE1/4 30 08N 52W

321 Logan County Court House 8900 W573

2 NE1/4NW1/4 29 08N 52W

322 Northeastern Junior College 035467F W210

5 SW1/4NW1/4 28 08N 52W

323 Northeastern Junior College 04010F W-

2105 NE1/4NW1/4 28 08N 52W

324 Northeastern Junior College 11061F W-

2105 NE1/4NW1/4 28 08N 52W

325 Northeastern Junior College 5425- W-

2105 NW1/4SE1/4 21 08N 52W

326 Sterling East Side Water Co. 013690F W383

9 NW1/4 NW1/4 26 08N 52W

327 Sterling East Side Water Co. 013691F W383

9 SE1/4 NE1/4 27 08N 52W

July 2003


90

328 Richard Jackson 1516 W754 NW1/4NE1/4 11 08N 53W

329 C & F Company 2633F W228

9 SE1/4NW1/4 28 08N 52W

330 McAtee Construction Co. 13644F W-

2633 SE1/4 SE1/4 28 08N 52W


2633 SW1/4 SW1/4 27 08N 52W


2633 SW1/4 SW1/4 27 08N 52W


2633 SW1/4 SW1/4 27 08N 52W

334 McAtee Construction Co. 13648F W263

3 SW1/4SW1/4 27 08N 52W


3 SW1/4SW1/4 27 08N 52W


2633 SW1/4 SW1/4 27 08N 52W


3 SE1/4SE1/4 28 08N 52W

338 Lawrence Kloberdanz 5891F W258

6 NE1/4SE1/4 13 08N 53W

339 Lawrence Kloberdanz 6809 W258

6 SE1/4SE1/4 13 08N 53W

340 Sandra Needham 3622F W465

0 SW1/4NE1/4 18 08N 52W

341 Timothy Sonnenberg 1170 W504

9 SE1/4NE1/4 19 08N 52W

342 Joel Nelson 0613 W236

3 SE1/4SE1/4 18 08N 52W

343 L.A. Coakley 16317 W352

8 NE1/4SE1/4 15 08N 52W

344 L.A. Coakley 24755 W352

8 SE1/4SE1/4 15 08N 52W

345 L.A. Coakley 25306 W352

8 SW1/4SE1/4 15 08N 52W346 Ronald Timmerman GW-18843 LOTS 17-18 32 08N 52W

347 E. Nelson 012934F W228

9 SE1/4SE1/4 33 08N 53W

348 Mark Harrington 7219 W580

8 SW1/4SW1/4 34 08N 52W

349 Garnie Johnson 14745 W101

3 SE1/4 NE1/4 4 07N 52W

350 Allen Mitchek 0124 W228

9 NE1/4NW1/4 9 07N 53W

351 Allen Mitchek 0125 W228

9 NW1/4SW1/4 4 07N 53W

352 Allen Mitchek 15380F W228

9 SW1/4NW1/4 4 07N 53W


9 NE1/4SE1/4 5 07N 53W


9 SW1/4NW1/4 4 07N 53W


6 SE1/4SE1/4 8 07N 53W

July 2003


91

356 Atwood Commercial Feedlot, Inc Not Reg SE1/4NE1/4 36 07N 53W

357 Atwood Commercial Feedlot, Inc Not Reg NE1/4NE1/4 36 07N 53W

358 Joe Nichols 69547 W460

1 NW1/4 SW1/4 34 08N 52W359 Michael Paston 35467 NE1/4SW1/4 36 08N 53W360 Kidz Ark 046826 NE1/4NW1/4 24 08N 53W361 Kidz Ark 41360 NE1/4NW1/4 24 08N 53W362 Kidz Ark 71472 NE1/4NW1/4 24 08N 53W

363 Platte Valley Real Estate, LLC 5868RF1214W209

3 SW1/4NW1/4 33 08N 52W364 Fairfield Management, Inc. 0063 W529 SW1/4NE1/4 4 06N 53W365 Fairfield Management, Inc 2262-F W529 SW1/4NE1/4 4 06N 53W

366 David Naibauer 11607F W187

2 SE1/4N1/2 18 07N 53W

367 David Naibauer 11609F W187

2 SE1/4NW1/4 18 07N 53W

368 David Naibauer RF1024 W187

2 SW1/4NW1/4 18 07N 53W

369 Allen Hutt 042328F W457

9 NW1/4NE1/4 30 07N 53W

370 Mark Brunkhardt 10459 W381

4 NE1/4NE1/4 24 07N 54W

371 John Pivonka 8536 W193

6 SW1/4NW1/4 17 07N 53W

372 John Pivonka 8537 W193

6 SW1/4NW1/4 17 07N 53W

373 Atwood Commercial Feedlot, Inc Not Reg NE1/4NE1/4 36 07N 53W

374 Ronald Kurtzer 9572F W871 SW1/4SW1/4 15 07N 54W

375 Garry Shino 0430 W352

7 SW1/4 SW1/4 23 06N 54W376 Rocky Desanti 0517RF132 W848 NW1/4 NW1/4 26 06N 54W377 Robert Behrens 13420F W945 SE1/4NE1/4 27 06N 54W378 Robert Behrens 2836F W945 SE1/4NE1/4 27 06N 54W

379 BCK Heath Property, LLC 25234 W327

6 SE1/4 23 06N 54W

380 Wilhelm Fritzler 014537F W805

2 NE1/4NE1/4 23 06N 54W

381 Charlie Stahley 11341 W352

7 SW1/4NW1/4 24 06N 54W

382 Colo Dept of Transportation 025809 W

5080 NE1/4SW1/4 7 05N 53W

383 Colo Dept of Transportation 025810 W

5080 NE1/4SW1/4 7 05N 53W

384 Alan Harryman 8414 W142

0 NW1/4NE1/4 6 06N 54W

385 Jay Harryman 8413 W142

0 NE1/4NE1/4 6 06N 54W

386 Alan Harryman 8414 W142

0 NW1/4NE1/4 6 06N 54W

July 2003


92

387 Keith Ladd N/R W192

1 SE1/4NW1/4 14 06N 54W

388 Elmer Diel 9154-F

W4831 NW1/4SW1/4 6 07N 52W

These wells deplete the South Platte River in the reach from about the west line of Section 7, T5N, R54W downstream to the east line of Section 25, T9N, R52W. Other wells in the reach may qualify to be part of this application but may have been unintentionally omitted and will be included later. Are there other rights diverted from these structures? Yes, augmentation water is diverted from some of these wells, which are described in ¶8. 15. Water Rights to be Used for Augmentation: 15.1. Water rights described in ¶2-8. Applicant reserves the right to add additional augmentation wells, recharge wells, shares and rights to this plan. If the Applicant’s recharge projects produce accretions in excess of that needed to augment the structures in ¶14, this plan includes the recapture of excess accretions from recharge by making additional diversions at the ditches in ¶2-6 or the recharge wells in ¶7 or by leasing such water to other water users pursuant to an approved Substitute Water Supply Plan or a Water Court Decree. 15.2. Augmentation credits available from Farmers Pawnee Recharge Project Case m 95CW263; Schneider Ditch 00CW101; South Platte Ditch Recharge, W-7839, W-8686, 96CW97; Guenzi Ponds 1-9 and other ponds filed or to be filed in Case m 96CW1034 by the North Sterling Irrigation District; and others including, but not limited to, 01CW303, 95CW101, 94CW200, 95CW264, 81CW407 and the forthcoming Application of the Lower Logan Well Users, Inc. 15.3. Applicant seeks approval to add water rights it acquires by purchase or lease to be used as replacement sources for this plan of augmentation. Applicant proposes that for reservoir water 60% and for direct flow water 50% of the previous 5 years average releases be available for augmentation purposes. These percentages for reservoir and direct flow water are subject to change based upon field validation of historic irrigation practices including consumptive use and return flows. If the Water Court has quantified the historic use of the same type of shares to be used for replacement water, Applicant proposes to use the consumptive use and return flow obligations found in such a decree, unless changed circumstances indicate a different historic use should be used. 16. Plan for Augmentation. 16.1. Diversions from the wells listed in ¶14 cause depletions to the South Platte River. To the extent that those depletions are out of priority, the purpose of this plan is to provide for replacement of such out of priority depletions in time, location and amount to the extent necessary to prevent injury to senior water rights. 16.2. Method for Determination of Well Depletions. Applicant’s current method of determining well depletions is based on well pumping data. Applicant collects actual well pumping data each year based on power records or flow meter readings and determines the amount pumped. The amount of water projected for next year’s pumping is based on a rolling average of the last five years of pumping. Based on approval by the State Engineer the consumptive use of the total pumping is estimated to be 40%-50% for well water applied by flood irrigation, 75% applied by sprinkler irrigation and 100% for feedlot wells and augmentation wells. The applicant will undertake some field validation for historic irrigation practices to determine what consumptive use factors are appropriate. The consumptive use of the well water is lagged using the SDF method to determine the cumulative depletion for each well. Applicant reserves the right to utilize a consumptive use model instead. In such a model, the historic consumptive use for each field is estimated for the period 1974 – 2002 and future years are added. This history is necessary to determine the long term resulting depletion attributed to the wells after consideration of alluvial lagging effects. The modified Blaney-Criddle crop evapotranspiration method or more current scientifically based method is used to estimate monthly crop potential consumptive use for the crops historically grown over the period. The consumptive use model is a water budget that includes surface water inputs, effective precipitation and soil moisture storage. A monthly water budget is simulated for each field for every month of the applicable period. This budget includes the distinction between flood and sprinkler acres. After credit of any applicable surface water sources, effective precipitation and soil moisture the model estimates the amount of alluvial water to fulfill the net crop water irrigation requirement not met by the surface water supplies. The calculations provided by the model are not fixed but will vary year to year and change based on changes in annual and monthly data, based on changed assumptions and methodology during the pendency of this application. 16.3. Replacement of Out of Priority Depletions. Applicant will make replacement of out-of-priority depletions that cause material injury to senior vested water rights from the sources identified in ¶15. 16.4. Accounting and Reporting. Applicant will provide reports and accountings to the State and Division Engineers. 17. Applicant reserves the right to operate pursuant to the 2002 Amended Rules and Regulations, Case m 02CW108, or terms contained therein, until a decree is entered in this case, to the extent such Rules are approved by the Water Court or are otherwise legally effective. The District reserves the right to operate pursuant to §37-92-308 C.R.S. or any amendments thereto. 18. Name and Address of Owner of the Structures: Applicants members own the structures and they consent to the application.

July 2003


93

THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of September 2003 (forms available at Clerk’s Office), and must be filed as Original with triplicate copies and to include $70.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.