DISTRICT COURT, WATER DIVISION 1, COLORADO JULY 2008 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of JULY 2008 for each County affected. 08CW146 JOHN AND BIRGIT SUMNER, 29561 FALCON RIDGE DR., EVERGREEN, CO 80439. Telephone: (303) 674-7096. APPLICATION FOR UNDERGROUND WATER RIGHT IN JEFFERSON COUNTY. Sumner Well, permit 224469 located NW1/4, NE1/4, S28, T5S, R71W of the 6th PM at a distance 240 feet from North and 1550 feet from East. Street Address: 29561 Falcon Ridge Dr., Evergreen, CO 80439. Subdivision: Cragmont Estates, Lot 44, Blcok A. Source: Groundwater. Depth: 605. Date of appropriation: 04/04/2002. How appropriation was initiated: Well permit was issued. Date water applied to beneficial use: 07/03/2002 ( pump installed). Amount claimed: 8 gpm, Absolute. Use: Household use only. 08CW147 PETER A. AND JEANNA M. AMBROSE, 559 WAMPUM LANE, PO BOX 1421, FAIRPLAY, CO 80456. Telephone: (719) 836-9333. APPLICATION FOR UNDERGROUND WATER RIGHT IN PARK COUNTY. Ambrose Well, permit 055720-F located NW1/4, NW1/4, S23, T9S, R75W of the 6th PM at a distance 175 feet from North and 1060 feet from West. Street address: 559 Wampum Lane, Jefferson, CO. Subdivision: Indian Mountain, Filing 7, Lot 2. Source: Groundwater. Depth: 420 feet. Date of appropriation: May 31, 1973. How appropriation was initiated: Application to Water Court for Change of Water Right and Approval of Plan of Augmentation, case W7389. Date water applied to beneficial use: January 25, 2002. Conditional. 08CW148 Bosky Farms, 1968 Carlson Road, Parker, CO 80138, 720 851-0535, Lisa S. Weinstein, Atty. Reg. #35668, c/o Colorado Water Plans, P.O. Box 1955, Elizabeth, CO 80107, Telephone (303) 646-3895 APPLICATION FOR UNDERGROUND WATER RIGHTS FROM THE NONTRIBUTARY LOWER ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER ARAPAHOE, AQUIFERS IN WELD COUNTY. 2. Well Permits: There are no wells on the property. Appropriate well permits will be applied for when Applicant is prepared to drill additional wells. 3. The wells which will withdraw groundwater from the nontributary Lower Arapahoe and Laramie-Fox Hills aquifers and the not nontributary Upper Arapahoe, aquifer are to be located on applicants land in E/2 Section 32, T1N, R64W of the 6th P.M, Weld County. The total area of water rights on the applicants land is 195 acres. No specific locations for the proposed wells are requested. Specific locations for additional wells will be provided when applications for well permits are submitted. 4. Source of Water Rights: The sources of the nontributary groundwater to be withdrawn are the Lower Arapahoe and Laramie-Fox Hills aquifers. The source of the not nontributary groundwater to be withdrawn is the Upper Arapahoe aquifer. 5. Estimated Amounts (acre feet per year) and Rates of Withdrawal (gallons per minute): Upper Arapahoe (19.0 AF, 400 gpm), Lower Arapahoe (39.8 AF, 400 gpm) and Laramie-Fox Hills (75.2 AF, 400 gpm) aquifers. 6. Well Field: The wells which will withdraw groundwater from the proposed Well Field are to be located on the Applicant’s property. The Applicant requests that the Court determine that the applicant has the right to withdraw all of the legally available groundwater from wells that may be completed in the future as the Applicant’s Well Field. 7. Proposed use: All water withdrawn will be reused, successively used, leased, sold or otherwise disposed of for the following beneficial uses: unified municipal water systems, municipal, domestic, industrial, commercial, irrigation, augmentation, stock watering, recreational, water feature ponds and piscatorial habitat less than 1000 square feet, and wildlife. The water will be produced for immediate application to said uses, for storage

and subsequent application to said uses, for exchange purposes, for replacement of depletion’s from the use of water from other sources and for all other augmentation purposes. 8. Jurisdiction: The Water Court retains jurisdiction over the the material in this application. 9. The use of not nontributary water from future wells shall be subject to judicial approval of an augmentation plan which will be applied for at such time as additional wells may be proposed and permitted. 10. Remarks: Applicant requests the right to withdraw from these wells an average amount of water determined to be available in paragraph 5 plus an amount of groundwater in excess of that annual amount; provided that the sum of the total withdrawals from any particular aquifer does not exceed the product of the number of years since the date of the issuance of well permits or of the entry of a decree, which ever occurs first, times the decreed average annual amount for that aquifer. 08CW149 E. SUZANNE MOWERY, 30611 RD. 89., CROOK, CO 80726. Telephone: (970) 886-2155. APPLICATION FOR CHANGE OF WATER RIGHT IN LOGAN COUNTY. Well, permit 6622-F. Previous decree entered: 04/40/77 in case no. W1115 in Water Division 1. Source: Alluvial of the South Platte. Appropriation date: January 1965. Amount: 4.45 cfs Historic Use: Irrigation. Proposed Change: Well permit #6622-F located SE/NE, S18, T10N, R49W of the 6th PM is incorrect. The correct location is NE/NE, S18, T10N, R49W of the 6th PM at a distance 1193 feet from North and 294 feet from the East. Street address: 36888 Rd. 58. Were points averaged. Yes. Northing 4523914 Easting 679880. 08CW150 MARK P. AND MARY ELLEN NELSON, 29472 Falcon Ridge Dr., Evergreen, CO 80439. Telephone: (303) 679-1407. APPLICATION FOR UNDERGROUND WATER RIGHT IN JEFFERSON COUNTY. Col. Mustard Well, permit 186770 located NW1/4, NE1/4, S28, T5S, R71W of the 6th PM at a distance 255 feet from North and 1340 feet from East. Street address: 29472 Falcon Ridge Dr. Subdivision: Cragmont, Lot 60, Block A. Source: Groundwater. Depth: 527. Date of appropriation: 05/05/1995. How appropriation was initiated: Well permit issued. Date water applied to beneficial use: 05/15/1996. Amount claimed: 8.6 gpm Absolute. Use: Household use only. 08CW151 ARTHUR B. WILLS, 855 East Laurel Avenue, Boulder, CO 80303-2841. Telephone: (303) 494-3475. APPLICATION FOR CHANGE OF WATER RIGHT IN BOULDER COUNTY. Decreed name of structure for which change is sought: Well No. 1. Previous decree entered January 10, 1974 in case no. W-3759 in Water Division 1. Decreed point of diversion: SE1/4, SE1/4, S33, T1N, R70W of the 6th PM at a point 230 feet north and 260 feet west of the SE corner of said S33, also described as being in Lot 19, Country Club Replat, Boulder County, Colorado. Source: Groundwater. Appropriation date: June 15, 1966. Amount: 0.0055 cfs. Historic use: Domestic and irrigation of 1/3 acre. Proposed Change: The location of the well as shown in the decree in Case no. W-3759 is incorrect. Applicant seeks to correct the location of the well. No other changes are requested. Legal description: SE1/4, SE1/4, S33, T1N, R70W of the 6th PM at a distance 840 feet from South and 800 feet from East. Street address: 855 East Laurel Avenue, Boulder, CO 80303-2841. 08CW152 SPRUCE MOUNTAIN PROPERTIES, INC., 7353 South Eagle Street, Centennial, CO 80112-4223, through their attorneys: Petrock & Fendel, P.C. James J. Petrock, Atty. Reg. #2881, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR CHANGE OF WATER RIGHT, IN DOUGLAS COUNTY. 2. Decree information for which change is sought: Case No. 86CW057 as decreed on December 29, 1988. The property which is the subject of the decrees is approximately 2430 acres of land. Applicant is the owner of approximately 434 acres of that land, located in parts of Sections 27, 28 and 33, 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. 3. Proposed change to decree: 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. Approximately 286 acre-feet per year of the total amount of Dawson aquifer water is located 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 60 acre-feet per year, which will allow use through up to 12 exempt wells. No other parts of this original decree will be changed. 08CW153 SPRUCE MOUNTAIN PROPERTIES, INC., 7353 South Eagle Street, Centennial, CO 80112-4223, through their attorneys: Petrock & Fendel, P.C., James J. Petrock, Atty. Reg. #2881, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR PLAN FOR AUGMENTATION, IN DOUGLAS COUNTY. 2. Description of plan for augmentation: A. Groundwater to be augmented: 40 acre-feet per year for 100 years of not nontributary Dawson aquifer groundwater as decreed in Case No. 86CW057, District Court, Water Division 1. The property which is the subject of the decree is approximately 2430 acres of land. Applicant is the owner of 434 acres of that land and the underlying groundwater which is the subject of this application, located in parts of Sections 27, 28 and 33, T10S, R67W 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 Dawson aquifer water and return flows and direct discharge of nontributary Laramie-Fox Hills aquifer groundwater underlying the Subject Property as previously decreed in this court in Case No. 86CW056. C. Statement of plan for augmentation: The subject Dawson aquifer groundwater will be used to serve up to four residences, to provide for irrigation of home lawn and garden, trees, hay and pasture, and for stockwatering and storage. It is estimated that each residential lot will require approximately 0.5 acre-feet per year for inhouse use, irrigation will require approximately 2 to 2.5 acre-feet per year for each irrigated acre, and stockwatering will require approximately 0.05 acre-feet per year for each four large domestic animals. Applicant reserves the right to amend these uses and values without having to revise this application or re-publish the same. Sewage treatment for inhouse use will be provided by non-evaporative septic systems. It is estimated that approximately 90% of water used for inhouse use and 10% of water used for irrigation use will be returned to the stream system. Water used for stockwatering and storage is considered to be 100% consumed. D. During pumping Applicant will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c), C.R.S. Applicant estimates that depletions occur to the Carpenter Creek, tributary to the East Plum Creek stream system. Return flows from use of the subject water rights from inhouse use through non-evaporative septic systems and from irrigation use, will accrue to the South Platte River system and those return flows should be sufficient to replace actual depletions while the subject groundwater is being pumped. If the return flows are not sufficient, Applicant will replace the required amount from an existing nontributary Denver aquifer well located on the Subject Property. E. Applicant will reserve an equal amount of nontributary Laramie-Fox Hills groundwater underlying the Subject Property to meet future augmentation requirements. 3. Remarks: Applicant will withdraw part of the not nontributary 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. 08CW154 DONALD K. FUNK, 6727 S. Berry Bush Ln., Evergreen, CO 80439. Telephone: (303) 679-9100. APPLICATION FOR UNDERGROUND WATER RIGHT IN JEFFERSON COUNTY. Funk Residential Well, permit 181316 located NE1/4, NE1/4, S28, T5S, R71W of the 6th PM at a distance 100 feet from North and 190 feet from East. Street address: 6727 S. Berry Bush Ln. Subdivision: Cragmont, Lot 71, Block B. Source: groundwater.

Depth: 650 feet. Date of appropriation: 01/09/01. How appropriation was initiated: Well permit issued. Date water applied to beneficial use: 01/09/01. Amount claimed: 2.5 gpm Absolute. Use: Household use only. 08CW155 BSH TIPTON, LLC, 9450 Ellicott Hwy., Calhan, CO 80808, through their attorneys: Petrock & Fendel, P.C., James J. Petrock, Atty. Reg. #2881, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DAWSON AQUIFERS, IN EL PASO COUNTY. 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 5.7 acres of land located in part of the NE1/4NW1/4 of Section 23, T11S, 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. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in 37-90-103(10.5), C.R.S. The groundwater to be withdrawn from the Dawson 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 the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicant estimates that the following annual amounts are representative of the subject aquifers underlying the Subject Property: Saturated Estimated Aquifer Thickness Annual Amount Dawson 332 feet 3.8 acre-feet (NNT) Denver 295 feet 2.8 acre-feet (NT) Arapahoe 221 feet 2.1 acre-feet (NT) Laramie-Fox Hills 211 feet 1.8 acre-feet (NT) 6. Well Fields: Applicant has 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 Applicant's well fields. 7. Proposed Use: The water will be used, reused, successively used for domestic, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, both on and off the Subject Property. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Remarks: A. 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 aquifers, 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. 08CW156 APPLICATION FOR UNDERGROUND WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION INCLUDING APPROPRIATIVE RIGHT OF EXCHANGE IN JEFFERSON, WELD, AND LARIMER COUNTIES. Attorneys for applicants: Gilbert Y. Marchand, Jr., #19870, Gilbert Y. Marchand, Jr., P.C. (for Duane and Daphne Goodwin), 2737 Mapleton Avenue, Suite 202, Boulder, CO 80304, 303-444-4256, gym@gymlaw.com; Joseph A. Cope, Esq., #7633, Frascona, Joiner, Goodman & Greenstein, P.C. (for Martens), 4750 Table Mesa Drive, Boulder, Colorado 80305-5541, 303-494-3000, jay@frascona.com. 1. Names, addresses, and telephone numbers of the applicants: J.

Dwayne and Daphne M. Goodwin (“Goodwin”), 417 Wark Avenue, P.O. Box 1320, Berthoud, Colorado 80513-1320, 970-532-3099; Walter H. Martens, Maxine L. Martens, and Randolph J. Martens, c/o 825 N. County Rd. 31, Berthoud, Colorado 80513, 970-532-4692, North Fork Associates, LLC, Mountain Mutual Reservoir Company, c/o Bill Blatchley, 2525 South Wadsworth Boulevard, Suite 306, Denver, Colorado 80227, 303-989-6932. UNDERGROUND WATER RIGHTS: 2. Names of wells and permit numbers: Goodwin Well, reference permit number 256851 (the well permit application was denied); Martens Well, permit number 176880. 3. Legal description of wells: 3.A. Goodwin Well: At or within 200 feet of a point in the southwest quarter of the southwest quarter of Section 15, Township 4 North, Range 70 West, 6th P.M., Larimer County, Colorado, approximately 427 feet from the south section line and 588 feet from the west section line. Pursuant to State Engineer Policy Memorandum No. 99-1, the Goodwin well may be located anywhere within the following tract of land in the Martens Subdivision: Lot 2, Martens Subdivision, County of Larimer, State of Colorado, also known as 574 Sprague Avenue, Berthoud, Colorado 80513. 3.B. Martens Well: In the southwest quarter of the southwest quarter of Section 15, Township 4 North, Range 70 West, 6th P.M., Larimer County, Colorado, approximately 1200 feet from the south section line and 250 feet from the west section line. The Martens claim the right to re-drill the well anywhere within Lot 1, Martens Subdivision, County of Larimer, State of Colorado, without filing a water court application, provided that any such re-drilled well complies with the terms of the decree issued pursuant to this application and provided that they apply for and receive the necessary well permit from the State Engineer’s Office. 4. Source and Depth: 4.A. Goodwin Well: Lyons and Fountain Formations. Goodwin’s engineers, HRS Water Consultants, Inc., have determined that impacts from pumping the Goodwin well are likely to affect Carter Lake, and thus may theoretically affect Dry Creek, or tributaries to Dry Creek, tributary to the Little Thompson River, tributary to the Big Thompson River, tributary to the South Platte River. The total depth of the well is expected to be approximately 450 feet. 4.B. Martens Well: Lyons sandstone, 9 to 360 feet, and Fountain sandstone, 360 to 450 feet. The total depth of the well is 450 feet with a screened interval of 160 to 440 feet. 5. Appropriation Date: 5.A. Goodwin Well: 5.A.(1) Date of Appropriation: May 5, 2004. 5.A.(2): How appropriation was initiated: By filing for and receiving a well permit for the Goodwin Well. 5.A.(3): Date water applied to beneficial use: Not applicable. 5.B. Martens Well: 5.B.(1): Date of Appropriation: March 23, 1994. 5.B.(2): How appropriation was initiated: By filing for and receiving a well permit for the Martens Well. 6. Amount claimed: 6.A. Goodwin Well: 15 gallons per minute (“gpm”), conditional. 6.B. Martens Well: 15 gpm, absolute. 7. Proposed Use: 7.A. Goodwin Well: domestic, in-house only uses and horse-watering. 7.B. Martens Well: domestic, in-house only uses and horse-watering. 8. Remarks: The Martens Well was constructed as an exempt well under permit number 176880 and pursuant to C.R.S. § 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 40 acres described as the SW1/4 of the SW1/4 of Sec. 15, Township 4 North, Range 70 West, 6th P.M., Larimer County, Colorado. That tract of land was later subdivided into two lots known as Lots 1 and 2 of the Martens Subdivision, County of Larimer, Colorado. Under permit number 176880, the Martens Well may be used for fire protection, ordinary household purposes inside 3 single family dwellings, the irrigation of not more than one acre of home gardens and lawns, and the watering of domestic animals. At the present time, the Goodwins and the Martens have not agreed on shared use of a single exempt well as the water supply for the Martens Subdivision. Pursuant to the augmentation plan for which approval is sought by this application, the Goodwin Well and the Martens Well will each be used for in-house only purposes inside one residential dwelling and for watering of up to two horses. The Goodwin Well will be used to supply a dwelling on Lot 2 of the Martens Subdivision. The Martens Well will be used to supply a dwelling on Lot 1 of the Martens Subdivision. Pursuant to the augmentation plan, the Martens Well will no longer be used as an exempt well. Approval of the augmentation plan herein shall not prevent the owners of Lots 1 and 2 of the Martens Subdivision

from sharing a single exempt well pursuant to C.R.S. § 37-92-602, should they later agree upon and meet the criteria for such use. REQUEST FOR APPROVAL OF PLAN FOR AUGMENTATION. 9. Names of structures to be augmented: Goodwin Well and Martens Well. Other than the Goodwin Well and Martens Well water rights claimed herein, there are no other water rights diverted from these structures. 10. Water right(s) to be used for augmentation: Pursuant to an April 16, 2008 Water Rights Purchase Agreement, Goodwins and Martens may purchase 4.6 shares of the capital stock of Mountain Mutual Reservoir Company (“MMRC”). Said shares of stock represent the right to 0.144 acre-feet of augmentation water (“Augmentation Water”) from the following water rights and facilities: 10.A. Soda Lakes Reservoirs Nos. 1 & 2: The Soda Lakes Reservoirs Nos. 1 and 2 are located in Section 1, Township 5 South, Range 70 West, 6th P.M., Jefferson County, Colorado. The source of water is Bear Creek. MMRC owns 8.71 shares of the 400 shares issued and outstanding in the Soda Lakes Reservoir and Mineral Water Company (hereinafter “Soda Lakes”). In a decree entered on September 24, 1935 in Case No. 91471, water rights in the amount of 1,794 acre-feet and 598 acre-feet were decreed to Soda Lakes, each with an appropriation date of February 11, 1893, for domestic, irrigation, and municipal purposes. The Soda Lakes Reservoirs are filled through the Harriman Ditch. 10.B. Harriman Ditch: The Harriman Ditch diverts water from Bear Creek and Turkey Creek. The Bear Creek headgate is located on the south bank of the Creek, in Section 2, Township 5 South, Range 70 West, 6th P.M., in Jefferson County. The Turkey Creek headgate is located on the south bank of the Creek, near the southwest corner of Section 6, Township 5 South, Range 69 West, 6th P.M., Jefferson County. In a decree entered on February 4, 1884 in Case No. 6832 by the Arapahoe County District Court, the following water rights were decreed to the Harriman Ditch for irrigation, domestic, and municipal uses: 10.75 cubic feet per second (“cfs”) with an appropriation date of April 15, 1868 from Turkey Creek; 7.94 cfs with an appropriation date of March 16, 1869 from Bear Creek; 25.54 cfs with an appropriation date of May 1, 1871 from Bear Creek; 12.87 cfs with an appropriation date of March 1, 1882 from Bear Creek. MMRC owns 7.71 shares of 400 shares issued and outstanding in the Harriman Ditch Company. 10.C. Warrior Ditch: The Warrior Ditch diverts water from Bear Creek and Turkey Creek. The original points of diversion of the Warrior Ditch were changed in Case No. W-8344-76 on May 22, 1979 to the present location of the Harriman Ditch headgates (described above in paragraph 10.B.) In a decree entered on February 4, 1884 in Case No. 6832 by the Arapahoe County District Court, the following water rights were decreed to the Harriman Ditch for irrigation uses: 12.33 cfs with an appropriation date of December 1, 1861 from Bear Creek; 2.86 cfs with an appropriation date of April 16, 1862 from Turkey Creek; 25.47 cfs with an appropriation date of October 31, 1864 from Bear Creek; 11.49 cfs with an appropriation date of April 1, 1865 from Bear Creek. MMRC owns 2.0 shares of 160 shares issued and outstanding in the Warrior Ditch Company. 10.D. Meadowview Reservoir: Meadowview Reservoir is located in the northeast quarter of the southwest quarter and the northwest quarter of the southeast quarter of Section 26, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado. The source is North Turkey Creek and water tributary to North Turkey Creek. The reservoir capacity is 50.8 acre-feet. Water in Meadowview Reservoir is for augmentation and replacement purposes as decreed in Case Nos. 2001CW293, 2001CW294, 94CW290, and 2000CW060, District Court, Water Division No. 1. 10.E. The firm yield of the above-described portfolio of water rights and storage facilities owned by MMRC has been decreed by this Court in Case No. 2001CW293 to be 62.8 acre-feet per year. Of this amount, 23.8 acre-feet of consumptive use water is available for augmentation plans in the Turkey Creek drainage basin (“Turkey Creek Firm Yield”) and 39.0 acre-feet of consumptive use water is available for augmentation plans in the Bear Creek drainage basin (“Bear Creek Firm Yield”). This total firm yield is represented by 2,000 shares of stock in MMRC. 11. Statement of plan for augmentation, covering all applicable matters under C.R.S. Section 37-92-103(9), 302(1) (2) and 305(8): Pursuant to the augmentation plan requested herein, the Goodwin Well will be used to supply a residential dwelling and water for

two horses on Lot 2, Martens Subdivision, Larimer County, Colorado, and the Martens Well will be used for the same purposes on Lot 1 of the subdivision. The maximum annual water demand and consumptive use associated with the two wells is estimated as follows. Total annual in-house use from the Goodwin Well and the Martens Well is estimated to be 0.640 acre-feet (0.320 acre-feet per well) based upon 3.5 persons per home and daily water use of 80 gallons per person. Total annual use for watering two horses on each lot is estimated to be 0.046 acre-feet (0.023 acre-feet per well) based upon 10 gallons per horse per day. In-house uses are estimated to be 10% consumptive based upon the use of non-evaporative septic systems. Thus, the value for total annual consumptive use from in-houses uses is estimated to be 0.064 acre-feet (0.032 acre-feet per well). Horse-watering uses are estimated to be 100% consumptive. Thus, the value for total annual consumptive use from horse-watering uses is estimated to be 0.046 acre-feet (0.023 acre-feet per lot). Based on the foregoing, the total annual consumptive use associated with use of the Goodwin Well and the Martens Well to supply water to Lots 1 and 2 of the Martens Subdivision is 0.110 acre-feet (0.055 acre-feet per well). Thus, the maximum annual out-of-priority depletion resulting from pumping the Goodwin Well and Martens Well for which augmentation may be required is 0.110 acre-feet (0.055 acre-feet per well). At such times when there is a valid call for water from a downstream location, injurious out-of-priority stream depletions resulting from pumping the Goodwin Well and the Martens Well will be replaced by means of an exchange of all or a portion of the Augmentation Water, including an exchange of - (a) direct flow water rights from the point of delivery of a portion of the Warrior Ditch and Harriman Ditch water rights at or near Morrison, Colorado (which delivery point is the Harriman Ditch described above in paragraph 10.B.) and (b) an exchange of storage water rights from the point of release of a portion of the rights stored in Soda Lakes (which release point is in the southwest quarter of the southwest quarter of Section 6, Township 5 South, Range 69 West, Jefferson County, Colorado) - to the point where depletions from pumping the Goodwin Well and the Martens Well occur near Carter Lake within the drainage of the Big Thompson River. The exchange is described below in paragraphs 12 through 18. The points of delivery of the Warrior Ditch, Harriman Ditch, and Soda Lakes water rights are located upstream of the confluence of the South Platte River with the Big Thompson River. A transit loss will be applied from the point of delivery or release of the Augmentation Water to the confluence of the South Platte River with the Big Thompson River. The transit loss is presently calculated as 0.034 acre-feet per year, based on the release of 0.110 acre-feet per year and a transit loss of 2.5 percent on Bear Creek, 3.8 percent on the South Platte River from Bear Creek to Clear Creek, and 25.3 percent from Clear Creek to the Big Thompson River. The maximum amount of the exchange is presently calculated as 0.144 acre-feet per year. By this application, Applicants seek a determination of the maximum amount of annual out-of-priority depletions for which augmentation is required, and a determination of the maximum amount and rate of exchange required for such augmentation. If such determinations result in maximum augmentation and exchange amounts different than those calculated amounts described above (or the amounts and rates described below in paragraph 17), Applicants claim the right to obtain a decree based on such determinations without filing an amendment to this application. Accounting records will be maintained as necessary to operate the augmentation plan and exchange claimed herein. Augmentation and transit loss water may be released at the direction of the Division Engineer or the appropriate water commissioner, and may be released in one annual slug or other aggregate amounts. APPROPRIATIVE RIGHT OF EXCHANGE. 12. Identification and legal descriptions of exchange structures: 12.A. “Exchange to” structures: Water will be diverted and stored by exchange at the Goodwin Well and the Martens Well, whose locations are described above in paragraph 3. 12.B. “Exchange from” structures: Substitute or replacement water will be delivered or released (1) from the Harriman Ditch, whose location is described above in paragraph 10.B. and which is the point of delivery of a portion of the Warrior Ditch and Harriman Ditch water rights and (2) from the point of release of a portion of the rights stored in Soda Lakes, whose location is in the southwest quarter of the southwest quarter of

Section 6, Township 5 South, Range 69 West, Jefferson County, Colorado. 13. Sources and water rights used in exchange: 13.A. “Exchange to” structures: The source of water diverted by exchange at the Goodwin Well and the Martens Well is Lyons and Fountain sandstones, tributary to Carter Lake, and thus theoretically tributary to Dry Creek or tributaries to Dry Creek, tributary to the Little Thompson River, tributary to the Big Thompson River, tributary to the South Platte River. 13.B. “Exchange from” structures: The source of substitute or replacement water released or exchanged from the “exchange from” structures described above in paragraph 12.B. is the Augmentation Water described above in paragraph 10. 14. Appropriation date: July 28, 2008. 15. Use of water diverted by exchange: in-house domestic purposes and horse-watering. 16. Exchange reach: from the confluence of the South Platte River and the Big Thompson River (the “downstream terminus” of the exchange), whose legal description is approximately the northwest quarter of the southeast quarter of Section 34, Township 5 North, Range 66 West, Weld County, Colorado; to the point where depletions from pumping the Goodwin Well and the Martens Well occur near the south end of Carter Lake within the drainage of the Big Thompson River. The legal description of said location near the south end of Carter Lake is approximately the southwest quarter of the northwest quarter of Section 15, Township 4 North, Range 70 West, Larimer County, Colorado. 17. Amount and rate of exchange: The maximum amount of water to be exchanged is the maximum annual amount of augmentation water required to replace injurious, out-of-priority depletions resulting from pumping the Goodwin Well and the Martens Well as determined herein, plus the transit losses determined herein that are required for delivery of such augmentation water. The maximum amount of the exchange is presently calculated as 0.144 acre-feet per year, conditional. Based on a possible one-time release of the annual augmentation requirement in a single day (over a 24 hour period), the maximum rate of exchange claimed herein is 0.0726 cubic feet per second (“cfs”), conditional. 18. Description of exchange: In response to a valid senior call being administered up the Big Thompson River from its confluence or downstream of its confluence with the South Platte River, Augmentation Water will be released in such amounts as are necessary to meet the augmentation and transit loss water requirements determined herein. The water so released will flow down Bear Creek to its confluence with the South Platte River, then down the South Platte River to its confluence with the Big Thompson River, from where it will be exchanged up to the Goodwin Well and the Martens Well, as described above. The amount and timing of such releases will be at the discretion of the Division Engineer and will be coordinated by Applicants and MMRC. 19. Names and addresses of owners of land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: The only new structures are: the Goodwin Well, which is on land owned by J. Dwayne and Daphne M. Goodwin, Applicants herein, whose address is shown above in paragraph 1; and, if the Martens construct a new well pursuant to the augmentation plan herein, such a newly constructed well would be on land owned by Walter H. Martens, Maxine L. Martens, and Randolph J. Martens, whose address is shown above in paragraph 1. 20. Remarks: Attached to the application as an Exhibit is a map depicting the locations of the Martens Subdivision, the Goodwin Well, the Martens Well, and the depletion reach of the exchange. WHEREFORE, Applicants respectfully request the Court to enter a decree granting the underground storage rights requested herein and approving the plan for augmentation including appropriative right of exchange requested herein, and for such other relief as is proper. 08CW157 ROBERT MONHEISER, 41815 CR 58.5, PO Box 161, Crook, CO 80726. Telephone: (970) 886-3821. APPLICATION FOR CHANGE OF WATER RIGHT IN LOGAN COUNTY. Decreed name of structure for which change is sought: Well #2, permit #13968-F from previous decree entered 09/10/71 in case no. W-538 in Water Division 1. Source: Alluvial of the South Platte. Appropriation date: 1935. Amount: 4.44. Proposed change: Well

permit #13968-F shows NW/SE S12, T10N, R49W of the 6th PM, it should be NE/SW, S12, T10N, R49W of the 6th PM at a distance 1954 feet from the South and 2655 feet from the West. Points were averaged. Northing 4525162, Easting 687419. 08CW158 JOANN MOELLER, 3950 Mountain View Meadows Circle, Parker, CO 80138, through attorneys: Petrock & Fendel, P.C., James J. Petrock, Atty. Reg. #2881, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY LOWER DAWSON AQUIFERS, IN ELBERT COUNTY. 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 11 acres of land, being Lot 2, Mountain View Meadows, which is generally located in part of the S1/2SE1/4 of Section 6, T6S, R64W of the 6th P.M., as shown on Attachment A hereto. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property subject to Section 37-90-137(4), C.R.S. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in 37-90-103(10.5), C.R.S. The groundwater to be withdrawn from the Lower Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S. and 37-90-137(9)(c), C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicant estimates that the following annual amounts are representative of the subject aquifers underlying the Subject Property: Saturated Estimated Aquifer Thickness Annual Amount Lower Dawson 101 feet 2.2 acre-feet (NNT) Denver 324 feet 6.0 acre-feet (NT)* Arapahoe 229 feet 4.3 acre-feet (NT) Laramie-Fox Hills 178 feet 2.9 acre-feet (NT) *Applicant requests that the Denver aquifer groundwater associated with Well Permit No. 231028 be quantified in this case for withdrawal through the existing well pursuant to Section 37-90-137(4), C.R.S. 6. Well Fields: Applicant has 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 Applicant's well fields. 7. Proposed Use: The water will be used, reused, successively used for domestic, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, both on and off the Subject Property. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Remarks: A. 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 aquifers, 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.

08CW159 Water Division 1, Concerning the Application for Water Rights of Applicant: City and County of Denver acting by and through its Board of Water Commissioners (“the Board”) in DOUGLAS, JEFFERSON, DENVER, ARAPAHOE, ADAMS, and WELD COUNTIES. This application is filed pursuant to C.R.S.§ 37-92-301(4) and the Court’s Order dated February 8, 2001. 1.Patricia L. Wells, General Counsel, Michael L. Walker, No. 2828, Casey S. Funk, No. 11638, Daniel J. Arnold, No. 35458. Attorneys for the City and County of Denver, acting by and through its Board of Water Commissioners Address: 1600 West 12th Avenue, Denver, Colorado 80204-3412, Phone Number: 303-628-6460 Fax Number: 303-628-6478. 2. Name of structure: Exchange within Denver Water system. Type: Exchange. 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: May 18, 1972. Case No.: Civil Action 3635. Court: District Court of Douglas County Amended: August 29, 1984. Case No. W-8783-77. Court: Water Division No. 1, Weld County, Colorado. Previous diligence decree: July 26, 2002. Case No. 1996CW145. Court: Water Division No. 1, Weld County, Colorado. B. Legal description: i) Cheesman Reservoir - Formed by detention of water behind a dam across the South Fork of the South Platte River in the southwest quarter (SW1/4) of Section 6, Township 10 South, Range 70 West (T10S R70W) of the 6th Principal Meridian, with a capacity of 79,064 acre feet. ii) Strontia Springs Reservoir and Intake (a.k.a. Roxborough Diversion Facility) - Works within the stream channel of the South Platte River located in Sections 20 and 21, Township 7 South, Range 69 West (T7S R69W) of the 6th Principal Meridian. This facility consists of a dam, regulating facilities, conduits and other carrying facilities for the diversion and carriage of water at a rate of 770 cfs with a capacity of 7,864 acre feet. iii) Denver Platte Canyon Intake, also known as Conduit 20 Intake - A dam, conduit and other facilities originating in the bed of the South Platte River at and near a point on the southwest bank of the South Platte River in Jefferson County, Colorado from which the north quarter corner of Section 5, Township 7 South, Range 69 West (T7S R69W) of the 6th Principal Meridian bears north 17°20’21” West 3,056.9 feet and having a capacity of 340 cfs. iv) High Line Canal Diversion Works - A headgate, valves and other control works with a capacity of 600 cfs out of the South Platte River at a place on the southeast bank of said river in Section 33, Township 6 South, Range 69 West (T6S R69W) of the 6th Principal Meridian. v) Marston Reservoir - An off-stream reservoir located in Sections 11, 12, 13 and 14, Township 5 South, Range 69 West (T6S R69W) of the 6th Principal Meridian with a capacity of 19,800 acre feet. vi) Platte Canyon Reservoir - Fed through the High Line Canal and through a conduit from Denver’s South Platte Intake, all at a rate not exceeding 100 cfs, to a total capacity of 905 acre feet, and located in the northwest quarter (NW1/4)W of Section 35, Township 6 South, Range 69 West (T6S R69W) of the 6th Principal Meridian. vii) The Farmers and Gardeners Ditch Diversion Works – A diversion headgate and other structures for diverting water out of the South Platte River immediately upstream from the confluence of Cherry Creek with the South Platte River being located in Section 33, Township 3 South, Range 68 West (T3SR68W) of the 6th Principal Meridian, having a capacity of 24 cfs. viii) Chatfield Reservoir, an existing structure located approximately 8 miles southwest of the City and County of Denver, Colorado on the mainstem of the South Platte River; the right abutment of which is located in Douglas County, Colorado in Section 6 and 7, Township 6 South, Range 68 West, of the 6th Principal Meridian; and the left abutment of which is located in Jefferson County, Colorado in Section 1, Township 6 South, Range 69 West of the 6th Principal Meridian. The portion of the reservoir to be utilized by Denver is approximately 2,716 acres of land inundated by the storage of water adjacent to and upstream from the dam with a capacity of 211,200 acre feet. C. Source: South Platte River System and its tributaries in Water District 8. B. Priority Date: July 4, 1921, except to the extent the diversion made by a means of a structure shown above which has a decreed priority later than July 4, 1921. When the diversion is made by means of such a structure, it shall have a priority date the same date as the priority date for such structure. Notwithstanding the date of adjudication or filing, exchanges made to Cheesman Reservoir, Denver Platte Canon Intake (aka Conduit 20

Intake), High Line Canal Diversion Works, Marston Reservoir, Platte Canon Reservoir, and the Farmers and Gardeners Ditch Diversion Works shall be administered under a July 4, 1921 priority date. Notwithstanding the date of adjudication or filing, exchanges made to Strontia Springs Reservoir and Intake (aka Roxborough Diversion facility) shall be administered under a March 21, 1962 priority date. Pursuant to the decree in W-8783-77, Denver may divert and store by exchange at Chatfield Reservoir at the rate of 3,000 cfs as of July 4, 1921; provided that, the priority awarded to exchanges to Chatfield Reservoir under C.A. 3635 shall be administered as having been filed in 1977. E. Amount: 605 cfs absolute; 2,395 cfs conditional; Total: 3,000 cfs. F. Use: All municipal uses, including domestic, mechanical use, manufacturing use, generation of electric power, power generally, fire protection, use for sewage treatment, street sprinkling, watering of parks, lawns and grounds, the maintaining of adequate storage reserves, irrigation, replacement and the adjustment and regulation of the units of the Denver Municipal Water System within themselves and with other water users, such uses may be repetitive to the fullest extent possible within the limit of physical and economic feasibility as found by Denver, together with the practice of using any of said waters for the purpose of effectuating an exchange or transfer of water by the use of any public stream or its water in substitution for water supplied or taken by Denver, including the right to precedence over others claiming or using a like or similar process, especially as such procedures affect the water of the South Platte River in Water District No. 8 to the extent of the amounts and flows of above set forth. 4. Outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: a) On July 26, 2002, in Case No. 96CW145 (CA 3635), the Water Judge for Division No. 1 entered a ruling in the above matter confirming and decreeing that Denver Water had shown reasonable diligence in the development of its above described conditionally decreed water right. b) The structures described in paragraph 3.b) have all been constructed. Perfecting this water right will depend upon future hydrologic conditions and demand. The Exchange within the Denver Water System is an integral part of the whole Denver Municipal Water Works System. The complete utilization of waters diverted under this water right will take many years to complete. c) The following listed items are specific projects and work that have been completed pertaining to the collection, development, storage, treatment and distribution of waters or water which is the subject of this application. The following items are representative of the total amount of continuing work accomplished by Denver Water pertaining to completion of the entire water system, including the subject conditional water rights and which are necessary to divert and deliver the water which is the subject of this proceeding to an ultimate beneficial use in accordance with the decree. The list is not meant to be all inclusive. i) Continuation of the development, maintenance and rehabilitation programs for facilities necessary to divert and store waters exchanged under this water right. ii) During the diligence period, Denver Water frequently and consistently operated exchanges under this water right. iii) In April of 1999, Denver Water entered into an agreement with the Colorado State Forest Service (CSFS) as part of the Upper South Platte Watershed Restoration Partnership. The partnership’s goals are long-term and include restoration of the watershed which would ultimately benefit the water diverted by the exchange. The partnership’s efforts were continuous throughout the period since the entry of the Ruling and Decree in Case No. 96CW145. iv) Since 1993, Denver Water has been continuously involved in the Wild and Scenic River Study in part to assure that the possible designation of the South Platte River would not impact Denver Water’s operations in the South Platte River Basin, including its ability to operate exchanges that are the subject of this decree. Throughout the process, Denver Water has provided information to the United States Forest Service (USFS), including hydrological modeling data and information about the raw water supply system, water rights, rights-of-way, recreational activities, dam engineering, wildlife and fishery, geology, channel maintenance requirements and water conservation efforts. On April 15th 1998, Denver Water submitted a Proposal for South Platte Protection Plan (SPPP) which further

develops the A2 Alternative submitted to the USFS, and reflects the contributions and views of a wide range of stakeholders, including recreational users, local governments, environmental interests, state agencies, water suppliers, and basin residents. A revised South Platte Protection Plan was submitted to the Forest Service in June, 2003. Also in December 2003, Denver Water passed a resolution endorsing the creation of a one-million dollar endowment fund. A major component of the SPPP is the establishment of this fund, which would be used for projects that enhance and preserve the South Platte River corridor from Eleven Mile Reservoir to the confluence of the North Fork of the South Platte River, and the North Fork of the South Platte River from Insmont to its confluence with the South Platte River. The exchanges operable under the subject decree affect water flow in portions of this South Platte River corridor. The Forest Service released its Final Environmental Impact Statement (FEIS) in January 2004. The Record of Decision (ROD) was released by the USFS in June 2004 and determined the SPPP to be the preferred alternative. Following this finding, the Enhancement Board was put in place and the endowment fund manager was selected. The $1 million endowment is fully funded (the Denver Water Board contributed $499,844 towards the cause) and a number of grants have been given out for stream, recreational and cultural improvements along the river corridor. All the other elements of the SPPP are in place and the Task Force met at least once a year throughout since its establishment through the present. The establishment of and operations under the SPPP help assure Denver Water can operate river exchanges under the subject rights without impediment that may have been imposed by the designation of the corridor as Wild and Scenic. v) Denver Water, in cooperation with the South Adams County Water and Sanitation District (South Adams), is developing storage on the South Platte River downstream of Denver to enhance the yield of its municipal water system. This downstream reservoir storage will recapture and regulate Denver Water's reusable return flow presently unusable due to the lack of timely upstream exchange potential or demand. The returns will be released to the river when upstream exchange potential exists. Additionally, downstream storage will be used to augment the delivery of water to the Recycling Plant when there is legally insufficient reusable return flow available to the plant. Prior to 2006, the project capacity of these downstream storage sites, which are principally gravel pits already mined or in the process of being mined, was approximately 20,000 acre-feet. These reclaimed gravel pits are clustered in two complexes; the North Complex to be supplied water through an enlarged Fulton Ditch, and the South Complex, to be supplied water through the Burlington Ditch. Denver Water subsequently determined that a total of 30,000 acre-feet of downstream reservoir storage is required to optimize Denver Water's reusable return flows for replacement and exchange purposes, including the performance of exchanges under the subject water rights. In order to optimize the use of these reusable return flows for replacement purposes, Denver Water acquired the $27 million Lupton Lakes site in 2006, which is situated on the east side of the South Platte River approximately 25 miles downstream from Denver. The 353 acre property is currently being mined for its sand and gravel deposits. Mining is anticipated to be completed by 2020, and upon reclamation and conversion to a water storage facility, will have a predicted capacity of 11,400 acre-feet. Once these facilities are completed, Denver Water will utilize these structures to introduce water to the South Platte to effectuate exchanges under C.A. 3635. vi) Work continued on the downstream gravel pit reservoirs including the lining and pump station construction at the Miller and CAT Reservoirs, an interconnection pipe between Miller and CAT Reservoirs, the purchase of land and the removal of dirt, gravel and excess material from Hazeltine and Road Runner Gravel pits. During the diligence period over $19 million has been spent on the development of downstream gravel pit reservoirs. vii) Denver Water made improvements to the Marston Treatment Plant Quality Control Lab, Marston Treatment Plant and Marston Reservoir to enhance water quality and odor issues. Such improvements include the addition of a Speece Cone and oxygenation system to improve water quality at Marston Reservoir. This project was completed in 2008 at a cost of approximately $22 million. These improvements

will enhance Denver Water’s ability to beneficially use water diverted under the subject water rights. viii) In wake of the 2002 Hayman Fire, a sediment trap has been designed and constructed upstream of Cheesman Dam in Turkey Creek. This installation will help reduce future sedimentation of the Cheesman Reservoir resulting from erosion of sediment from the burn area. Other costly clean up operations in the aftermath of the Hayman and 1996 Buffalo Creek Fires continued, including evaluation of alternatives for sediment removal from Strontia Springs Reservoir, dredging in Marston Reservoir, hydro-ax treatment of areas affected by the fire, new inlet slide gates, trash racks and log dams at Cheesman Dam and Reservoir along with other restoration efforts.. Costs incurred by Denver Water since the Hayman Fire has exceeded $8,800,000.00. ix) Denver Water continued its efforts to quantify lawn irrigation return flows (LIRF). Portions of water delivered to the Denver Water's customers for lawn irrigation reaches the South Platte River as return flow. LIRFs include both surface water and groundwater returns. Under Colorado water law, Denver Water is entitled to take credit for that portion of return flow attributable to its fully reusable and consumable water supplies, including water diverted under the subject water right, subject to certain existing contractual commitments. Denver Water's LIRF project is designed to quantify reusable return flows with sufficient detail and accuracy to obtain Water Court approval. In 1999, Denver Water completed the Phase I scoping study of the effort needed to quantify LIRFs. In 2000, Denver Water approved a $2 million Phase II analysis. This analysis has now been completed and the project has progressed into Phase Ill. In 2004, an application was filed with the Water Court seeking approval of the analysis and a proposed decree allowing the use of LIRFs in Denver Water's system. A final report is expected in 2008. Once the LIRF’s are quantified, Denver Water will utilize the returns as replacement supplies to effectuate exchanges under C.A. 3635. x) Denver Water has begun a new Integrated Resources Plan (IRP) as a number of significant developments have occurred since the last IRP was issued. These developments have contributed to the uncertainty and volatility of providing water supply to nearly one-quarter of Colorado’s population for which the Denver Water is responsible. These uncertainties could substantially impact the manner in which Denver Water views the reliability of the water supply that Denver Water depends upon to serve its customers, therefore increasing the gap between present supplies and future needs for the ultimate build out of the service area. The new IRP will attempt to answer some the uncertainties about future supply and to shape policy for the build out of the system and the context in which it will operate. The subject water rights are considered an integral part of Denver Water’s ability to meet future demand requirements. xi) At Platte Canon Reservoir, spillway modifications were made at a cost of approximately $21,700. xii) At Chatfield Reservoir, Denver Water is in the process of constructing a pump station at a cost of $3,395,000.00. This will allow for the pumping of water stored in Chatfield under drought conditions and therefore will enhance Denver Water’s ability to utilize these stored waters under the C.A. 3635 exchange. xiii) Denver Water is participating in a cooperative effort, along with other water users and the U.S. Army Corps of Engineers to examine the feasibility and costs associated with reallocating some of the storage space in Chatfield Reservoir from flood control to permanent water supply purposes. Denver Water has spent approximately $70,000 on the project during this diligence period. xiv) Continuation of planning, design, construction and completion of conduits, pumping plants and distribution systems necessary for carrying treated water to and from various components of the Denver Municipal Water System xv) Expenditures of approximately $744,000,000 since the entry of the Ruling and Decree in Case No. 96CW145 to prosecute the work necessary to complete the Denver Water’s integrated water supply treatment and distribution system. 5. Claim to make absolute. A. Date water applied to beneficial use: May 23, 2006. Amount: 672 cfs. Use: The uses decreed in C.A. 3635. B. Description of place of use where water is applied to beneficial use: The water was placed to beneficial use in the area served by the Denver Municipal Waterworks System. 6. Name and address of owner or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage

structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: The Exchange within the Denver Water System uses existing diversion and storage structures that have not been modified except, in 2003, Denver Water installed a temporary pump station in Chatfield Reservoir. Chatfield Reservoir, Corps of Engineers, 9307 South Wadsworth Blvd., Littleton, CO 80128-6901 08CW160 JAMES MICHAEL BASSETT AND THOMAS MARTINO, 850 County Road 118, Elizabeth, CO 80107, through their attorneys: Petrock & Fendel, P.C., James J. Petrock, Atty. Reg. #2881, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, IN ELBERT COUNTY. 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The 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 10 acres of land being Lot 2, Pike View Ridge Estates, which is generally located in the NE1/4NE1/4 of Section 10, T9S, R65W of the 6th P.M., as 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 Sections 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 Section 37-90-103(10.5), C.R.S. 5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the 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. 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 the Denver Basin Rules, 2 C.C.R. 402-6. Applicants estimate the following annual amounts are representative of the subject aquifers: Saturated Annual Aquifer Thickness Amount Upper Dawson 228 feet 4.5 acre-feet Lower Dawson 131 feet 2.6 acre-feet Denver 219 feet 3.7 acre-feet Arapahoe 227 feet 3.8 acre-feet Laramie-Fox Hills 205 feet 3.0 acre-feet 6. Well Field: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through wells 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 Section 37-90-137(10), C.R.S. 7. Proposed Use: Applicants will use, reuse, and successively use the water for domestic, commercial, industrial, irrigation, livestock watering, fire protection, storage, and augmentation purposes, both on and off the Subject Property. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to Sections 37-92-302(2), and 37-90-137(6), C.R.S. 9. Description of plan for augmentation: A. Groundwater to be augmented: All or part of the Upper Dawson aquifer as requested herein as described in paragraph 5 above over a 100 year pumping period. 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 for inhouse use in two residences, irrigation of home lawn and garden and trees, and stockwatering, including storage. The well or wells will operate at rates of flow necessary to withdraw the amount decreed herein. Inhouse use will require approximately 0.8 acre-feet per year, stockwatering will require approximately 0.1 acre-feet per year, and irrigation will require approximately 2.5 acre-feet per year for irrigation of up to one acre of home lawn and garden, or trees anywhere on the Subject Property. The remaining amount will be used for storage. Applicants reserve the right to amend these amounts and values based on final planning of the Subject Property. Sewage treatment for inhouse use will be provided by a non-evaporative septic system. Applicant estimates that approximately 90% of water used for in-house use and 10% of water used for irrigation use will return to the stream system. Stockwatering and fire protection are 100% consumptively used. 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 may occur to the Cherry Creek stream system. Return flows from use of the subject water rights via that stream system will accrue to the South Platte River stream system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve the nontributary Laramie-Fox Hills and part of the Arapahoe aquifer groundwater underlying the Subject Property to meet post pumping augmentation requirements, but reserves the right to substitute the use of other nontributary groundwater, including return flows, either underlying the Subject Property, or from another location which is legally available for such purpose, for replacement of post-pumping depletions at such time that post-pumping depletions may begin. 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. Applicants will withdraw all or part of the not nontributary Upper Dawson aquifer groundwater requested herein under the plan of augmentation requested herein pursuant to Section 37-90-137(9)(c), C.R.S. 08CW161 ROWAN AND MARILYN TYSON, 23500 County Road 5, Elbert, CO 80106, through their attorneys: Petrock & Fendel, P.C., James J. Petrock, Atty. Reg. #2881, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, IN ELBERT COUNTY. 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 601 acres located in parts of Sections 1, 2, and 11, T10S, R65W 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. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in Section 37-90-103(10.5), C.R.S. The groundwater to be withdrawn from the Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S. and 37-90-137(9)(c), C.R.S.5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicants estimate that the following annual amounts are representative of the subject aquifers underlying the Subject Property: Saturated Estimated Aquifer Thickness Annual Amount Upper Dawson 234 feet 282 acre-feet (NNT)*

Lower Dawson 119 feet 144 acre-feet (NT) Denver 235 feet 240 acre-feet (NT) Arapahoe 259 feet 265 acre-feet (NT) Laramie-Fox Hills 205 feet 184 acre-feet (NT) *Applicants will reserve part of the Upper Dawson aquifer groundwater for use through exempt wells. 6. Well Fields: 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. 7. Proposed Use: The water will be used, reused, successively used for domestic, commercial, industrial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. 08CW162, District Court, Water Division 1, 901-9th Street ,Greeley, CO 80632, Concerning the Application for Water Rights of: Colorado Water Conservation Board, In Como Creek, A Natural Stream, In The Watershed Of St. Vrain, In BOULDER COUNTY, Colorado, Attorneys for the Colorado Water Conservation Board: John W. Suthers, Attorney General, Devin Odell*, #34762 Assistant Attorney General, 1525 Sherman Street, 5th Floor, Denver, CO 80203, *Counsel of Record, Name of Applicant: Colorado Water Conservation Board, Address of Applicant:1313 Sherman Street, Suite 721, Denver, CO 80203, (303) 866-3441. Name of natural stream: Como Creek. Location: Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the headwaters in the vicinity of latitude 40° 2’ 22.88”N and longitude 105° 34’ 0.79”W as the upstream terminus and extending to the Unites States Forest Service Boundary at latitude 40° 0’ 51”N and longitude 105° 30’ 52.89”W as the downstream terminus, being a distance of approximately 4.2 miles. This segment can be located on the Ward U.S.G.S. quadrangle. For administrative purposes only: Upper Terminus = S21 T1N R73W 6th PM, 1190’ South of the North Section Line, 1405’ West of the East Section Line, UTM North: 4432316.2 UTM East: 451638.7. Lower Terminus = S25 T1N R73W 6th PM, 8’ North of the South Section Line, 2475’ East of the West Section Line UTM North: 4429456.4 UTM East: 456075.1. Date of initiation of appropriation: January 23, 2008. Date water applied to beneficial use: Water was first applied to beneficial use on January 23, 2008. How appropriation was initiated: At its regular meeting on January 23, 2008, the Colorado Water Conservation Board appropriated this water right pursuant to the Rules Concerning the Colorado Instream Flow and Natural Lake Program, 2 CCR 408-2. Amount of water claimed (ABSOLUTE): Instream flow of 2.9 cfs (May 1 – July 31), 1.10 cfs (August 1 – October 15), 0.45 cfs (October 16 – March 31), 1.10 cfs (April 1 – April 30). Remarks: This appropriation is made pursuant to the provisions of Sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2007). The purpose of this appropriation by the State of Colorado is to preserve the natural environment to a reasonable degree. At its regular meeting on May 20, 2008, the Board determined that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board’s water right herein, if granted; and that such environment can exist without material injury to water rights. This Application is for an instream flow water right, exclusive to the CWCB pursuant to section 37-92-102(3) C.R.S., and as such there are no proposed diversion structures or storage involved, nor does it effect ground water described in section 37-90-137(4), C.R.S.. See City of Thornton By and Through Utilities Bd. v. City of Fort Collins, 830 P.2d 915,

931 (Colo.,1992) ("A minimum stream flow does not require removal or control of water by some structure or device. A minimum stream flow between two points on a stream or river usually signifies the complete absence of a structure or device."). Therefore, the notice provision contained in section 37-92-302(2)(b) C.R.S. is not applicable. 08CW163 CITY OF BOULDER, P. O. Box 791, Boulder, Colorado 80306-0791 (Veronica A. Sperling, Buchanan and Sperling, P.C., 7703 Ralston Road, Arvada, CO 80002, 303-431-9141. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION INCLUDING APPROPRIATIVE RIGHT OF SUBSTITUTION AND EXCHANGE, IN BOULDER COUNTY. 2. Name of structure to be augmented: Arapahoe Pit. Arapahoe Pit is an unlined gravel pit located on the north side of Boulder Creek in the NE1/4 SW1/4 and the NW1/4 SE1/4 of Section 22, Township 1 North, Range 70 West of the 6th P.M., Boulder County, Colorado. The approximate location of Arapahoe Pit is shown on the maps attached to the application as Appendix 1 and Appendix 2. Are there other water rights diverted from this structure? No. 3. Previous decrees for water rights to be used for augmentation: A. Water for augmentation may be provided from fully consumable water that is available to Boulder after the first use of the water rights described in paragraphs (1) through (3) below for instream flow purposes by the Colorado Water Conservation Board (“CWCB”). These water rights were the subject of decrees entered by the District Court, Water Division No. 1 on May 31, 1989 in Case Nos. W-7569, W-7570 and W-8520-77 and on December 20, 1993 in Case No. 90CW193. By those decrees, the water rights were changed to allow use by Boulder for municipal purposes, use by the CWCB for instream flow purposes, and reuse by Boulder and its lessees after their first use for instream flow purposes by the CWCB. The portions of the water rights that are reusable after their first use for instream flow purposes were quantified in Case No. 90CW193 by decree entered on December 20, 1993: (1) Date decrees entered, Case Nos. and Courts, amount, appropriation date, decreed use: (a) Anderson Ditch: 2.23 cfs of the Anderson Ditch water right. The Anderson Ditch was decreed a water right for 25.0 cfs for irrigation use, with an appropriation date of October 1, 1860, by the District Court in and for Boulder County on June 2, 1882. (b) Farmers Ditch: 12.17 cfs of the Farmers Ditch water right. The Farmers Ditch was decreed a water right for 73.29 cfs for irrigation use, with an appropriation date of October 1, 1862, by the District Court in and for Boulder County on June 2, 1882. (c) Harden Ditch: 1.8 cfs of the Harden Ditch water right. The Harden Ditch was decreed a water right for 21 cfs for irrigation use, with an appropriation date of June 1, 1862, by the District Court in and for Boulder County on June 2, 1882. (d) McCarty Ditch: 0.643 cfs of the McCarty Ditch water right. The McCarty Ditch was decreed a water right for 5 cfs for irrigation use, with an appropriation date of June 1, 1862, by the District Court in and for Boulder County on June 2, 1882. (e) Smith and Goss Ditch: 0.451 cfs of the Smith and Goss Ditch water right. The Smith and Goss Ditch was decreed a water right for 44.3 cfs for irrigation use, with an appropriation date of November 15, 1859, by the District Court in and for Boulder County on June 2, 1882. (2) Decreed points of diversion: (a) The decreed points of diversion for the Anderson Ditch, Harden Ditch, McCarty Ditch and Smith and Goss Ditch water rights described in paragraph (1) above are as follows: Lakewood Pipeline: The pipeline intake from Lakewood Reservoir also known as Headgate No. 1 of the Boulder City Pipeline (Lakewood Pipeline), located at a point whence the SE corner of Section 1, Township 1 South, Range 73 West of the 6th P.M. bears S3°15’E a distance of 2300 plus/minus feet; Silver Lake Pipeline: Headgate No. 3 of the Boulder City Pipeline, located at a point whence the NW corner of Section 34, Township 1 North, Range 73 West of the 6th P.M. bears N77°35’W a distance of 1076 plus/minus feet; Barker Pipeline a/k/a Boulder City Pipeline #3: The pipeline intake from Barker Reservoir, located at a point whence the NW corner of Section 17, Township 1 South, Range 72 West of the 6th P.M. bears N16°04’W a distance of 1920 plus/minus feet. (b) Farmers Ditch: The decreed point of diversion for the Farmers Ditch water right described in paragraph (1) above is on the north bank of Boulder Creek in the NW1/4NW1/4 of Section 36, Township 1

North, Range 71 West of the 6th P.M.; the location of the actual point of diversion for the Farmers Ditch is on the north bank of Boulder Creek approximately 250 feet south and 126 feet east of the NW corner of Section 36, Township 1 North, Range 71 West of the 6th P.M. (c) In addition, the portions of the water rights described in paragraph (1) above that are reusable after their use for instream flow purposes are decreed for diversion at various ditches on Boulder Creek downstream of 75th Street. The location of these ditches is fully described in paragraph 5.2 of the decree in Case No. 90CW193. (3) Source: Boulder Creek, North Boulder Creek and Middle Boulder Creek. B. Water for augmentation may also be provided from fully consumable water that is available to Boulder through its ownership of 37 units (3,700 acre-feet) of water supplied by the Windy Gap Project of the Municipal Subdistrict of the Northern Colorado Water Conservancy District. Windy Gap water is fully consumable and reusable. Windy Gap water, or return flows from the use of Windy Gap water for municipal purposes in Boulder’s water supply system, may be used for augmentation hereunder. The original decrees for the water rights for the Windy Gap Project were entered by the District Court, Water Division No. 5, in Case Nos. 1768, W-4001 and 80CW108, on October 27, 1980. The sources of water are the Colorado River and Willow Creek, a tributary of the Colorado River. The features, structures, appropriation dates, amounts, and beneficial uses of the Windy Gap Project water rights are as set forth in the decrees in Case Nos. 1768, W-4001 and 80CW108. C. Water for augmentation may also be provided from fully consumable water that is available to Boulder from the Windy Gap Exchange water right described below: Date decree entered, Case No. and Court: October 15, 2004, Case No. 2000CW226, District Court, Water Division No. 1. Amount: 200 cfs total, 92 cfs of which is absolute for diversion at Barker Meadow Reservoir and the remainder of which is conditional. Appropriation date: December 20, 2000. Source: Boulder Creek, Middle Boulder Creek and North Boulder Creek. Decreed uses; All municipal purposes including, without limitation, domestic, irrigation, commercial, industrial, power generation, fire protection, recreation, fish and wildlife preservation and propagation, exchange, substitution, augmentation, replacement and recharge, and all other beneficial uses, within Boulder’s service area and outside Boulder’s service area for such extraterritorial customers as Boulder may serve from time to time pursuant to City Charter and contracts. Such use shall include the right to make a fully consumptive first use of the water for the above described purposes and to use, reuse and successively use the water to extinction for the above described purposes. Description of substitution and exchange: An appropriative right of substitution and exchange on Boulder Creek, Middle Boulder Creek and North Boulder Creek, whereby water available to Boulder from its 37 units of Windy Gap Project water is delivered to Boulder Creek at the outlet of the Boulder Creek Supply Canal to supply downstream appropriators, and an equivalent amount of water is diverted from Middle Boulder Creek at Barker Meadow Reservoir and/or Boulder City Pipeline #3 and/or from North Boulder Creek at Lakewood Pipeline, Silver Lake Pipeline, Silver Lake Reservoir, Island Lake, Goose Lake, Lake Albion, Green Lakes Reservoir #1, Green Lakes Reservoir #2, and/or Green Lakes Reservoir #3, for direct use or for storage for subsequent use by Boulder. The substitution and exchange reach on Boulder Creek/Middle Boulder Creek is between the outlet of the Boulder Creek Supply Canal described below and Barker Meadow Reservoir described below, and the substitution and exchange reach on Boulder Creek/North Boulder Creek is between the outlet of the Boulder Creek Supply Canal described below and Goose Lake and Green Lakes Reservoir #3 described below. The structures included in the substitution and exchange are described as follows: (1) Boulder Creek Supply Canal: The outlet of the Boulder Creek Supply Canal is located on the north bank of Boulder Creek in the NW1/4 SW1/4, Section 13, Township 1 North, Range 70 West, 6th P.M., at a point located approximately 200 feet from the west section line and 2,500 feet from the south section line of said Section 13, Boulder County, Colorado. (2) Boulder City Pipeline #3: The pipeline intake from Barker Reservoir, located at a point whence the northwest corner of Section 17, Township 1 South, Range 72 West, 6th P.M., bears North 16°04' West a distance of 1920± feet. (3) Barker Meadow Reservoir: Barker Meadow Reservoir is

located on the mainstem of Middle Boulder Creek in the W1/2 of Section 17 and in Section 18, Township 1 South, Range 72 West, of the 6th P.M., and in the E1/2 of Section 13, Township 1 South, Range 73 West, of the 6th P.M. (4) Lakewood Pipeline: The pipeline intake from Lakewood Reservoir also known as Headgate No. 1 of the Boulder City Pipeline (Lakewood Pipeline), located on North Boulder Creek at a point whence the SE corner of Section 1, Township 1 South, Range 73 West of the 6th P.M., bears South 3°15' East a distance of 2300± feet. (5) Silver Lake Pipeline: Headgate No. 3 of the Boulder City Pipeline, located at a point whence the NW corner of Section 34, Township 1 North, Range 73 West of the 6th P.M., bears North 77°35' West a distance of 1076± feet. (6) Silver Lake Reservoir: Silver Lake Reservoir is located in Sections 20, 21, 28 and 29 of Township 1 North, Range 73 West, 6th P.M. (7) Island Lake: Island Lake is located in Sections 20 and 29, Township 1 North, Range 73 West, 6th P.M. (8) Goose Lake: Goose Lake is located in Section 19 and 30, Township 1 North, Range 73 West, 6th P.M. (9) Lake Albion: Lake Albion is located in Section 18, Township 1 North, Range 73 West, 6th P.M. (10) Green Lakes Reservoir #1: Green Lakes Reservoir #1 is located in Section 18, Township 1 North, Range 73 West, 6th P.M. (11) Green Lakes Reservoir #2: Green Lakes Reservoir #2 is located in Section 18, Township 1 North, Range 73 West, 6th P.M. (12) Green Lakes Reservoir #3: Green Lakes Reservoir #3 is located in Section 18, Township 1 North, Range 73 West, 6th P.M. D. Water from any other source that is decreed for replacement or augmentation or is legally permitted to be fully consumed and which can be provided in the amount, at the time and at the location required by any final decree entered herein. The approximate locations of the above-described structures are shown on the maps attached to the application as Appendix 1. 4. Historic Use: The water and water rights proposed to be used for augmentation have historically been used for the currently decreed purposes. Generally, the location of use of the water and water rights proposed to be used for augmentation has been within the boundaries of Boulder’s municipal service area, the approximate location of which is shown on the map attached to the application as Appendix 3. 5. Statement of Plan for Augmentation including appropriative right of substitution and exchange, covering all applicable matters under §37-92-103 (9), 302(1), 302 (2) and 305(8), C.R.S. Give full details of plan, including a description of all water rights to be established or changed by the plan: Arapahoe Pit was excavated in the late 1970's during gravel mining operations conducted by the Flatiron Sand and Gravel Company. Along its southern side, Arapahoe Pit is generally within 100 feet of Boulder Creek. Mining operations were completed in approximately 1983. Arapahoe Pit, and several acres of surrounding land, were donated to Boulder in February of 1989. The purpose of the plan for augmentation described in this application is to replace out-of-priority depletions to Boulder Creek resulting from evaporation caused by the exposure of tributary groundwater to the atmosphere in Arapahoe Pit. These depletions occur to Boulder Creek, approximately at the confluence of Boulder Creek with South Boulder Creek. The approximate location of the Boulder Creek/South Boulder Creek confluence is shown on the maps attached to the application as Appendix 1 and Appendix 2. The surface area of Arapahoe Pit when full is approximately 22 acres. Net evaporation associated with Arapahoe Pit, estimated following guidelines established by the office of the State Engineer, is approximately 46 acre-feet per year. Boulder proposes to use the water and water rights described in paragraph 3 above to replace out-of-priority depletions resulting from net evaporation caused by the exposure of groundwater in Arapahoe Pit, at the time and location and in the amount necessary to prevent injury to water rights with priorities senior to the filing date of this application with the water court. Generally, augmentation water will be delivered to Boulder Creek (1) at or near the intersection of Boulder Creek and 75th Street, in the SW1/4 SW1/4 NE1/4, Section 13, Township 1 North, Range 70 West of the 6th P.M., at a point located approximately 2,500 feet from the north section line and 2,340 feet from the east section line of said Section 13, which is the approximate location of Boulder’s wastewater treatment plant outfall, (2) at the outlet of the Boulder Creek Supply Canal, the location of which is described in paragraph 3.C.(1) above, or (3) at or above the confluence of

Boulder Creek and South Boulder Creek, in the NW1/4 SE1/4, Section 22, Township 1 North, Range 70 West of the 6th P.M., at a point located approximately 1,700 feet from the south section line and 2,600 feet from the east section line of said Section 22, when water rights between that location and the location of Boulder’s wastewater treatment plant outfall or the Boulder Creek Supply Canal with priorities senior to the appropriative right of substitution and exchange described below are in priority and unsatisfied. These locations are shown on the maps attached to the application as Appendix 1. The location of depletions associated with evaporation losses from Arapahoe Pit is upstream of the point of delivery of augmentation water from the Boulder wastewater treatment plant outfall and from the Boulder Creek Supply Canal outlet. Boulder claims an appropriative right of substitution and exchange pursuant to Sections 37-80-120 and 37-92-302(1)(a), C.R.S., for replacement of depletions associated with Arapahoe Pit by delivery of water from the Boulder wastewater treatment plant outfall and from the Boulder Creek Supply Canal outlet. The reach of the exchange is on Boulder Creek from the outfall of the Boulder wastewater treatment plant described above, upstream to the confluence of Boulder Creek and South Boulder Creek described above. The date of appropriation of the substitution and exchange is May 23, 2008. The appropriation was initiated by Boulder’s formation of the intent to appropriate followed by actions to further and give notice of the appropriation including, but not limited, to the filing of this application. The maximum rate of exchange is 0.21 cfs conditional. The sources of substitute supply for the exchange are the water rights and water sources described in paragraph 3 above. The proposed use is augmentation and replacement. 6. Names and addresses of owners of land on which any new diversion or storage structures or modification to any existing diversion or storage structure or existing storage pool is or will be constructed or upon which water is or will be stored: No new diversion or storage structures will be constructed in connection with this plan for augmentation including appropriative right of substitution and exchange. Boulder is the owner of the land on which the Arapahoe Pit is located and the owner of the land on which the other storage facilities described in the application are located. WHEREFORE, Applicant requests the Court to enter a decree approving the above-described plan for augmentation including appropriative right of substitution and exchange. (13 pages) 08CW164 KAY T. COOPER aka KAY THOMPSON COOPER, 3285 Hodgen Road, Colorado Springs, CO 80921, phone no. 719.495.3152, and MICHAEL D. STOWELL, 3455 Hodgen Road, Colorado Springs, CO 80921, phone no. 720.838.0249. Henry D. Worley, MacDougall, Woldridge & Worley, PC, 530 Communication Circle, Suite 204, Colorado Springs, CO 80905, (719) 520-9288. Application for Not Nontributary and Nontributary Underground Denver Basin Water Rights in EL PASO COUNTY. 2. Names of wells and permit, registration, or denial numbers: well permit nos. 149714 and 225258 are constructed in the Dawson aquifer. 3. Legal description of wells: Well permit 149714 is located 650 feet from the north section line and 2310 feet from the west section line of Section 27, T. 11 S., R. 66 W., 6th P.M.; well permit 225258 is located 660 feet form the north section line and 1650 feet from the east section line of Section 27, T. 11 S., R. 66 W., 6th P.M. All other wells may be located at any location on the Applicants= property, which consists of 58.1 acres constituting approximately the NW1/4 NE1/4 and the E1/2 NE1/4 NW1/4 of Section 27, T. 11 S., R. 67 W., 6th P.M. in El Paso County (ΑProperty≅), but not within 600 feet of another well in the same aquifer located off the Property except pursuant to the provisions of C.R.S. 37-90-137(2)(b). Applicants waive the 600 foot spacing requirement for all wells located on the Property. A location map of the Property is attached as Exhibit A, the legal description is attached as Exhibit B. 4. Source: Not nontributary Dawson aquifer; not nontributary Denver aquifer; nontributary Arapahoe aquifer; nontributary Laramie-Fox Hills aquifer. 6. Amount claimed: Dawson aquifer, 50 gpm per well, 48 acre feet annually, absolute; Denver aquifer: 100 gpm per well, 55 acre feet annually, absolute; Arapahoe aquifer: 250 gpm per well, 23 acre feet annually, absolute; Laramie-Fox Hills aquifer,150 gpm

per well, 17 acre feet annually, absolute. The above amounts will be changed in any decree entered herein to conform to the State Engineer=s Determinations of Facts. The water court will be asked to retain jurisdiction over such decree to enter a final determination of the amount of water available for appropriation from each aquifer based on geophysical logs for such wells. 7. Proposed uses: all beneficial uses, including uses off the Property. 8. Name and address of owner of land on which well is located: Same as Applicants. 9. Remarks: (1) There is one lien or encumbrance against the Property, notice has been given to the lienor pursuant to C.R.S. 37-92-302(2)(b). A copy of that letter is attached as Exhibit C. (2) A total of 2 acre feet per year of water in the Dawson aquifer is not sought to be adjudicated herein. This amount is intended to provide water to the two exempt Dawson aquifer wells on the Property. (3) This decree and all wells decreed herein will comply with all relevant provisions of the Colorado Revised Statutes, the Denver Basin Rules and Statewide Nontributary Ground Water Rules, including the requirement that the Dawson and Denver aquifer not nontributary water rights decreed herein may be pumped only pursuant to a court-approved plan for augmentation. (Application and attachments, 7 pages) 08CW165 TODD CREEK VILLAGE METROPOLITAN DISTRICT, Attention: Gene Osborne, President, 9055 E. Mineral Circle, Centennial, CO 80112, (303) 771-7160. Wayne F. Forman, Esq., Adam T. DeVoe, Esq., Brownstein Hyatt Farber Schreck, LLP, 410 Seventeenth Street, Suite 2200, Denver, CO 80202, (303) 223-1100. Application for Change in Water Rights in ADAMS AND WELD COUNTIES.1.1 Decreed name of structure for which change is sought: Brantner Ditch. 1.2 From previous Decree: (A) Date Entered: April 28, 1883; Case No. CA 6009; Court: Arapahoe County District Court. (B) Decreed point of diversion: Township 2 South, Range 67 West in Arapahoe County. The actual point of diversion is located on the west bank of the South Platte River at a point in the NE/4 of the SW/4 of Section 4, Township 2 South, Range 67 West of the 6th P.M. at a point approximately 2550 feet from the South section line and 2150 feet from the West section line of said Section 4. (C) Source: South Platte River. (D) Appropriation Dates and Rates of Diversion:

Priority No. 1 April 1, 1860 29.77 cfs Priority No. 4 May 1, 1863 5.93 cfs Priority No. 27 July 1, 1872 12.18 cfs Priority No. 52 January 15, 1881 63.30 cfs

(E) Historical use: (include a description of all water rights to be changed, a map showing the approximate location of historical use of the rights and records or summaries of records of actual diversions of each right the applicant intends to rely on to the extent such records exist). Irrigation. A map showing the approximate locations of the lands historically irrigated by the subject Brantner Ditch rights is attached as Exhibit 1 and a summary of diversion records is attached as Exhibit 2. 1.3 Proposed change: (A) Change in Place and/or Type of Use: Applicant proposes to change the water rights represented by its 17 shares of the total of 108 outstanding shares of capital stock in the Old Brantner Ditch Company. Said water rights have historically been used for irrigation on approximately 160 acres of land, which are depicted on the map attached as Exhibit 1. Applicant proposes to use the subject rights in its municipal water system for use within Applicant's service area, either directly or from storage, which may be expanded in the future. Applicant's current service area is depicted on the attached Exhibit 3. Applicant seeks a decree allowing it to change the place and type of use of its Brantner rights to all beneficial uses within its service area, including municipal, domestic, irrigation, industrial, recreational, commercial, augmentation, exchange and or use, reuse and successive use to extinction. (B) Water will continue to be diverted at the Brantner Ditch headgate, and will be delivered from the

Brantner Ditch through one or more turnouts, which may include, but are not limited to, an existing turnout owned by the Applicant known as Guthrie pump station located in the NE1/4 of Section 2, T. 1 S., R. 67 W., 6th P.M., Adams County, or a newly-constructed turnout within or near the SE1/4 of Section 23 of said T. 1 S., R. 67 W. (C) Applicant is entitled to divert the subject Brantner Ditch water rights at a maximum rate of 11.9 c.f.s., and to divert an annual average amount up to 325 acre feet of consumptive use water for multiple uses as described above. 1.4 (A)Water will be delivered directly for beneficial use, or delivered into storage into one r more of the Applicant’s current or future storage reservoirs, for subsequent irrigation or other beneficial uses. Currently, Applicant intends to store Brantner Ditch water in the Smith Reservoir, located in the SW1/4 of Section 9, the Signal Reservoirs 1 and 2, located in the N1/2 of Section 4, the Marcus Reservoir, located in the NE1/4 of Section 4, Eagle Shadow Reservoir, located in the NE1/4 of Section 5 and the Guthrie Reservoirs, located in the NE1/4 of Section 3 and the NW1/4 of Section 2, all in Township 1 South, Range 67 West, 6th P.M., Adams County, Colorado. Applicant reserves the right to store such water in other reservoirs within or outside of the District service area without republishing notice, so long as such storage is subject to the terms and conditions of the decree entered in this case. (B) Applicant intends in the future to quantify and take credit for fully consumptive irrigation return flows from the first use of Brantner water, but is not seeking such permission in this Application. 1.5 Name(s) and address of owner(s) of the land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant owns the lands upon which water will be stored and has control over the facilities which are to be used to apply water to beneficial use. The New Brantner Extension Ditch Company has the right to operate and owns a portion of the Brantner Ditch. Its contact information is as follows: The New Brantner Extension Ditch Company, c/o Brice Steele, Esq., 25 South 4th Avenue, Brighton, Colorado 80601, 303-659-3171. The owner of the Old Brantner Ditch right of way is The Brantner Ditch Company c/o Marc Pedrucci, Secretary, 9755 Henderson Road, Brighton, Colorado 80601, 303-637-8014. (4 pages) 08CW166 APPLICATION FOR APPROVAL OF CHANGE OF UNDERGROUND WATER RIGHTS AND FOR A PLAN FOR AUGMENTATION IN MORGAN COUNTY. Name, Address and Telephone Number of Applicant: Wayward Wind MHPa, LLC, c/o Otis Moore, III, 4700 S. Syracuse St., Ste. 1000, Denver, CO 80237. Overview of Application The Wayward Wind Well No. 1 (Well No. 1) is decreed for a pumping rate of 200 gallons per minute and limited to annual diversions of 70 acre-feet. The well is decreed to serve a 59 space mobile home park, a 48 space campground, two single-family dwellings and 13 acres of landscaping. A change of use is sought herein to confirm the actual use of the well for 100 mobile homes, rather than 59 mobile homes and 48 campsites. The presently decreed right to use of the well for 2 single family dwellings and outside irrigation shall continue, however as described in the Plan for Augmentation below, the irrigation shall be limited to 5 acres of landscaping and lawns. Augmentation of out of priority depletions from these uses shall occur as provided below. CHANGE OF WATER RIGHT. Name of Structure:Wayward Wind Well No. 1 (2369-F-R, Hall Well No. 1), WDID No. 01-6813, is located in the NE 1/4 SW 1/4 of Section 4, Township 3 North, Range 58 West, 6th P.M. at a point approximately 2,057 North and 2,195 East of the SW Corner of said section. A location map is attached hereto as Exhibit 1. Water Rights to be Changed: This well was previously decreed in cases W-6097 and 1985CW179, Water Division 1. There are no other water rights diverted from this structure. W-6097 was decreed on March 10, 1976 and granted the use of this well for the diversion of 0.444 cfs (200 gpm) for the irrigation of up to 40 acres with a date of appropriation of December 8, 1959. 85CW179 was approved on January 30, 1990 and granted a change of use of this well to serve a 59 space mobile home park, 2 single family dwellings, a 48 space campground and irrigation of 13 acres of landscaping. Proposed Change of Use of Wayward Wind Well: Wayward Wind proposes to change the use

of the Wayward Wind Well No. 1 to substitute 100 mobile home spaces for 59 mobile home spaces and 48 camping spaces as provided in the original decree, other terms and provisions of the prior decree to remain the same. The change proposed change clarifies the actual use of the 100 spaces as actually developed. Well No. 1 will retain the original date of appropriation of December 8, 1959. The change shall reference the prior decrees. PLAN FOR AUGMENTATION. Name of Structure to be Augmented: Wayward Wind Well No. 1 (formerly decreed and permitted as Hall Well No. 1) as described above. Well No. 1 provides the sole source of water service for domestic and irrigation uses in the 100-unit mobile home park and the two single family dwellings at the Wayward Wind Mobile Home Park near Fort Morgan, Colorado. This well formerly operated under an augmentation contract from GASP. Wayward Wind currently provides treatment of domestic wastewater by an on-site wastewater plant, which discharges into several infiltration basins. A portion of the wastewater returns to the South Platte River though the alluvium and a portion is lost to evaporation as described below. Well 1 also provides water for landscape irrigation at each of the mobile home units, the single family dwellings and several common areas. A portion of the water applied for irrigation is also returned to the South Platte River through the alluvium and a portion is consumed as described below. Wayward Wind must augment the out-of-priority consumptive use depletions from water withdrawn from Well No. 1 for indoor domestic use, including evaporation losses from the infiltration ponds associated with its wastewater treatment plant, and for outdoor irrigation. Water Rights to be Used for Augmentation: Wayward Wind has acquired two (2) shares of Jackson Lake Reservoir and Irrigation Company Water (Certificate Nos. 1524 and 1273 “Jackson Lake Water”). Wayward Wind plans to contract with the Fort Morgan Reservoir and Irrigation Company (“Fort Morgan”) to exchange the use of the Jackson Lake Water for available recharge credits from its decreed augmentation plan (Case No. W-2692). Wayward Wind will also seek to lease additional recharge credits from Fort Morgan. A portion of the contract with Fort Morgan is anticipated to exchange the two shares for “guaranteed” augmentation credits and the additional credits are expected to be “interruptible” by Fort Morgan, depending upon water supply conditions. The guaranteed credits will be used to offset the indoor potable depletions and any lagged depletions from past use. The interruptible augmentation credits will be used to replace the water depletions from outdoor uses. In the event of interruption of augmentation credits from Fort Morgan, Wayward Wind will secure additional augmentation water and/or curtail outdoor uses, specifically the outdoor irrigation of landscaping, including lawns. Fort Morgan maintains several recharge sites along the South Platte River, beginning near the Town of Weldona and ending at the end of the Fort Morgan Canal near the Town of Brush. Fort Morgan’s network of recharge sites will provide replacement water in the proper location and at the proper time, and in proper quantity to offset out-of-priority depletions from Well No. 1. The re-charge sites decreed to Fort Morgan in W-2692 are attached as Exhibit 2 hereto. Fort Morgan will supply replacement water from its excess augmentation credits, or from direct release of Jackson Lake water to the river. In the alternative, Wayward Wind will release the Jackson Lake Water directly to the South Platte River to replace out-of-priority depletions. Previous decree for water rights to be used for augmentation Date Entered: April 22, 1985, Case No.: W-2692 (subsequent decrees 89CW018, 96CW115) Court: Water Court, Water Division I Type of Water right: Excess Augmentation Credits – Fort Morgan Canal. The legal description of thee Fort Morgan infiltration galleries and recharge points are attached as Exhibit 2 hereto. The legal description of the headgate of the Jackson Lake Reservoir and Irrigation Company is located at a point on the North Bank of the South Platte River 900 feet South and 200 feet West of the center of the SE 1/4 of Section 18, Township 4 North, Range 61 West of the 6th P.M., Weld County, Colorado. The Outlet Canal of Jackson Lake starts near the right abutment of the Jackson Lake dam in the NE 1/4 of Section 27, Township 5 North, Range 60 West, and enters the South Platte River in the NE 1/4 of Section 3, Township 4 North, Range 60 West of the 6th P.M., Morgan County, Colorado. The Wayward Wind shares will be contractually dedicated to Fort Morgan in

exchange for augmentation credits under W-2692. Augmentation water will be provided under the contract with Fort Morgan pursuant to the decree entered in Case No. W-2692 on April 22, 1995, as amended and modified by the District Court for Water Division No. 1. Wayward Wind will contractually dedicate two Jackson Lake shares formerly represented by Share Certificate No. 1524 and Certificate No. 1273 to obtain the excess augmentation credits for use in this Plan. The water rights for the Jackson Lake Private Rights are described in Case No. 2142, Civil Action No. 16704 and the referenced case W-2692. Statement of Plan for Augmentation covering all applicable matters under CRS 37-92-103(9), 302(1)(2) and 305 (8). Give a full description of the plan, including a description of all water rights to be established or changed by the plan: Well Pumping and Depletions. Wayward Well No. 1 will be used for domestic and irrigation needs of 100 mobile home sites and 2 single-family dwellings. The pumping depletions and all return flows will be lagged to Bijou Creek, tributary to the South Platte River. Specifically, the pumping depletions are likely to affect Bijou Creek in the reach between the approximate location of the Fort Morgan Canal siphon and the confluence of the South Platte River. The out of priority net lagged depletions will be replaced with augmentation credits pursuant to the two Jackson Lake shares and the Fort Morgan contract. Under the decree in 85CW179, Well No. 1 can irrigate up to 13 acres of landscaping. However, under the Plan for Augmentation described herein the irrigation uses shall be limited to 5 acres of landscaping and lawns within the mobile home park. The projected well pumping for outdoor irrigation demand is based on a Blanney-Criddle analysis for bluegrass at Wayward and increased to account for irrigation efficiency. The total well pumping for irrigation purposes shall not exceed 20 acre-feet per year. The total consumptive use for outdoor irrigation uses is assumed to be 85% of the water applied to outdoor use. The amount of outdoor uses shall be determined by metering, and shall not exceed 20 acre-feet per year, of which no more than 17 acre-feet per year are expected to be consumptively used. The irrigation uses of the well may be the subject of interruption in the event of the curtailment of supplies of augmentation credits or replacement water by the Fort Morgan Reservoir and Irrigation Company. In the event of curtailment, Wayward Wind proposes to continue to supply augmentation water at times, at places and in amounts to replace the net depletions of the Wayward Wind Well No. 1 through the date of irrigation curtailment, and will not resume irrigation until such times as augmentation water supplies are adequate to replace lagged depletions from the irrigation uses. Water to replace irrigation depletions will originate from the “interruptible” supplies described in Section 4, below. Lagged irrigation depletions will continue to accrue to the South Platte River for a period of several years after the cessation of pumping. The total well pumping for domestic purposes shall not exceed 50 acre feet per year. The domestic water demands are based on historical water demands at Wayward Wind. The total consumptive use for domestic purposes shall not exceed 10 acre feet per year. This amount is determined as five percent (5%) of potable water demands plus the evaporation from the maximum surface area of 1.56 acres of wastewater infiltration ponds. For purposes of this decree, it is assumed that these ponds will be full year-round. The actual future surface area and associated evaporative depletions will be determined by monitoring and accounting. Wayward Wind may modify or replace the present wastewater treatment method so long as the depletions from the domestic uses do not exceed 10 acre feet per year. The total water to be pumped under this plan for augmentation shall be limited to a maximum pumping rate of 200 gpm and 70 acre-feet per year. The total consumptive use of the water pumped under this plan for augmentation shall not exceed 27 acre-feet per year. Both the rate of pumping of the Wayward Wind Well and the total annual pumping amount are equal to or below those presently decreed to the well. Replacement of Depletions. The augmentation plan is directed to the replacement of out of priority depletions from Wayward Wind Well No. 2369-F-R (Well No. 1) as decreed in Cases W-6097 and 1985CW179. The net out of priority lagged depletions for both indoor and outdoor use and for evaporation from wastewater infiltration ponds shall be provided from the guaranteed and interruptible augmentation credits from the FMRIC contract. Fort Morgan will provide the

augmentation credits to meet the net lagged depletions in amounts, at a time, and places and in a manner to protect other water rights. To accomplish this, Fort Morgan will make available to the Water Commissioner the augmentation credits and any direct releases from Jackson Lake Reservoir to meet the net depletions generated by the Wayward Wind Well No. 1. In the event of the interruption of the augmentation credits available for outdoor use, and the consequent interruption of outdoor irrigation, Wayward Wind shall be obligated to curtail outdoor irrigation or acquire sufficient additional augmentation water to fully replace lagged depletions from prior pumping for outdoor use, and to make such augmentation supplies available to the Water Commissioner for release to meet net lagged depletions. In the event that Fort Morgan is unable to provide the excess augmentation credits pursuant to its plan, Applicant has the right to use the Jackson Lake shares to obtain direct releases of augmentation water from Jackson Lake to meet the requirements of this Plan. Applicant also claims the right to add additional sources of augmentation water that it may acquire, subject to seeking an amendment to this plan for augmentation. Names and Addresses of the owner of the lands on which structures are located, upon which water is or will be stored, or will be placed to beneficial use. Wayward Wind Mobile Home Park, LL c/o Otis Moore, III 4700 S. Syracuse St., Ste. 1000, Denver, CO 80237. Prayer for Relief Applicant prays that this Court enter a judgment and decree (1) Decreeing a change for Wayward Wind Well No. 1 (2369-F-R) to reflect the use of the mobile home park and camping sites as 100 mobile home sites, 2 single-family dwellings and for outdoor irrigation use as actually developed; (2) Approving the plan for augmentation as submitted upon such terms and conditions as the Court may deem appropriate for the prevention of injury in the operation of the Plan; (3) Finding and determining that applicant is able to replace net depletions to the South Platte River and Bijou Creek in amounts, at times and at places to prevent injury, and that the augmentation sources are adequate for this purpose; (4) Determining that Wayward Wind Well No. 1 may be operated out of priority without curtailment provided that out-of-priority stream depletions are replaced as provided in the Plan. AMENDMENTS 02CW43. Town of Milliken, 1101 Broad Street, P.O. Box 290, Milliken, Colorado, 80543; telephone: 970-587-4331. Kim R. Lawrence, Lind, Lawrence & Ottenhoff LLP, 355 Eastman Park Drive, #200, Windsor, CO, 80550, (970)674-9888. AMENDMENT TO APPLICATION FOR CHANGE OF WATER RIGHTS IN WELD COUNTY. 1. Decreed Name of Structures. Applicant owns shares/contract rights in the Greeley and Loveland Irrigation Company (GLIC), Seven Lakes Reservoir Company (SL) and Loveland and Greeley Reservoir Company a\k\a Lake Loveland (LL) which it seeks to change. The Application is amended to correct the number of shares and contract rights owned. Applicant owns 1 share of GLIC (not 2 shares), 5 shares of SL (not 0.5 share) and 0.5 contract right of LL (not 5 contract rights). Applicant's GLIC shares have been used for irrigation in the SW3 of Section 22 and the NW3 of Section 27, Township 5 North, Range 67 West, Weld County Colorado, which is located in Sector VI. Applicant's SL shares and LL contract rights have been used for irrigation in the E2 of Section 34, Township 5 North, Range 67 West, Weld County Colorado, which is located in Sector VI. 2. All other matters in the Application remain the same. 08CW81, PETER AND AUDREY SHORT, 2221 Savage Road, Elizabeth, CO 80107, through their attorneys: Petrock & Fendel, P.C., James J. Petrock, Atty. Reg. #2881, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. AMENDED APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY LOWER DAWSON AQUIFERS, IN ELBERT COUNTY. COME NOW Applicants, by and through their

undersigned attorneys, and hereby amend the application filed with this Court in April, 2008, to amend the application as follows: The original application was filed to adjudicate an existing Lower Dawson aquifer well pursuant to Section 37-92-602(4), C.R.S., located on Lot 100, Western County Ranches, which is comprised of approximately 2 acres, and generally located in the SW1/4 of Section 36, T7S, R65W of the 6th P.M., as shown on Attachment A (Subject Property). The only part of the original application amended herein is that Applicants request an absolute annual withdrawal of 1 acre-foot per year. Applicants further amend the original application to adjudicate the remaining Denver Basin groundwater underlying the Subject Property as follows. 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The Subject Property is described above and 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 Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in Section 37-90-103(10.5), C.R.S. The groundwater to be withdrawn from the Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicants estimate that the following annual amounts are representative of the subject aquifers underlying the Subject Property: Saturated Estimated Aquifer Thickness Annual Amount Upper Dawson 140 feet 0.56 acre-feet (NNT) Denver 198 feet 0.67 acre-feet (NT) Arapahoe 231 feet 0.79 acre-feet (NT) Laramie-Fox Hills 205 feet 0.62 acre-feet (NT) 6. Well Fields: 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. 7. Proposed Use: The water will be used, reused, successively used for domestic, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, both on and off the Subject Property. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. 08CW140 CONCERNING THE APPLICATION FOR WATER RIGHTS OF SUSAN REDDEN IN EL PASO COUNTY. FIRST AMENDED APPLICATION. I. NAME AND ADDRESS OF APPLICANT: Susan Redden, 11170 Black Forest Road, Black Forest, CO 80908 NAME AND ADDRESS OF ATTORNEY: Christopher Cummins, #35154, Michael J. Gustafson, #37364, Felt, Monson & Culichia, LLC, 319 North Weber Street, Colorado Springs, Colorado 80903, (719) 471-1212 E-mail: cdc@fmcwater.com, mjg@fmcwater.com A. The purpose of this amendment is to: (1) to amend the augmentation plan to provide an aquifer life of 300 years; (2) to amend the augmentation plan so that it replaces depletions associated with wells in the Denver and Dawson aquifers; and (3) to correct typographical errors in the legal description of Applicant=s Property and the location of the Redden Wells. To accomplish these objectives the following amendments are made to the original application: 1. The first sentence of Paragraph II.A.1. is replaced with: All wells will be located on a property consisting of Lot 1,

Cherokee Acres subdivision, which contains 8.97 acres located in the SE 1/4 NE 1/4 Section 19, Township 12 South, Range 65 W., 6th P.M. 2. Paragraph II.A.2. is replaced with: Existing Wells. State Engineer Well Permit No. 65306 is a domestic well currently located in the SE 1/4 NE 1/4 Section 19, Township 12 South, Range 65 W., 6th P.M., approximately 1730 feet from the north section line of said Section 19, and 200 feet from the east section line of said Section 19 (ΑRedden Well No. 1"). State Engineer Well Permit No. 133640 is a domestic well currently located in the SE 1/4 NE 1/4 Section 19, Township 12 South, Range 65 W., 6th P.M., approximately 2180 feet from the north section line of said Section 19, and 410 feet from the east section line of said Section 19 (ΑRedden Well No. 2"). Redden Well No.1 and Redden Well No. 2 are collectively referred to as the ΑRedden Wells≅. 3. The following paragraph is added as II.A. 3.: Additional Wells. Additional and replacement wells may also be drilled into the Dawson and/or Denver aquifers under this plan. Well permit applications for the wells to be drilled pursuant to this application and subsequent decree will be applied for prior to drilling wells into the Denver Basin aquifers which are the subject of this application. No exact location is requested for the additional/replacement wells, as that information will be provided when the well permit applications are submitted. 4. Paragraph III.A. is replaced as follows: Structures to be Augmented. The structures to be augmented consist of the Redden Wells in the not nontributary Dawson aquifer and up to two wells to be drilled in the not nontributary Denver aquifer in the Denver Basin underlying Applicant=s Property and any replacement wells. 5. Paragraph III.B. is replaced with the following: Water Rights to be Used for Augmentation. The water rights to be used for augmentation during pumping are the return flows of the not nontributary Dawson and/or Denver aquifer wells to be pumped as set forth in this plan for augmentation, together with water rights from the nontributary Laramie-Fox Hills aquifer for post pumping depletions. 6. Paragraph III.C.1.C. is replaced with the following: Landscape Irrigation. Depletions associated with the Redden Wells for irrigation of lawn, garden, trees and shrubs over a maximum of 15,000 square feet. Assuming an application rate of 2.0 acre feet per acre and a 85% consumptive use rate, consumptive use attributable to irrigation amounts to 0.58 acre feet. 7. Paragraph III.C.1.E. is replaced with the following: Total Depletions. The total maximum annual depletions from the Redden Wells equal approximately 0.81 annual acre feet (0.14 acre feet for in-house uses, 0.0017 acre feet for banquet uses, 0.58 acre feet for irrigation, and 0.088 acre feet for animal watering). 8. Paragraph III.C.2. is replaced with the following: Replacement. Applicant=s augmentation water during the plan term will consist of septic return flows from in-house, banquet facility, and irrigation uses. The wastewater from the in-house and banquet uses will be disposed of through non-evaporative septic systems that are determined to have return flows to the tributary stream system of 90 percent of pumping. Therefore, Applicant asserts that 1.26 acre feet of the 1.4 annual acre feet of pumping for in-house uses and 0.015 acre feet of the 0.017 acre feet of pumping for banquet facility uses return to the stream. Applicant asserts that fifteen percent of the 0.68 acre feet diverted for irrigation uses or 0.102 annual acre feet will return to the stream. Therefore, return flows total 1.26 annual acre feet for the bed and breakfast, 0.015 annual acre feet for the banquet facility, and 0.102 annual acre feet for irrigation for total return flows of 1.37 annual acre feet. These return flows during the period of the plan will augment the tributary stream system in an amount greater than the maximum actual stream depletion amount from the Dawson aquifer of 0.81 annual acre feet. For the Denver aquifer, the 4 percent replacement requirement which totals approximately 0.087 annual acre feet is exceeded by septic return flow replacement water. Therefore, Applicant=s return flows prevent material injury to other vested water rights. 9. The first sentence of Paragraph IV.3. is replaced with the following: The term of this augmentation plan is for 300 years, however the length of the plan for a particular well or wells may be extended beyond such time provided the total plan pumping allocated thereto is not exceeded.

PETITION 01CW273, PETITION TO CORRECT ABANDONMENT DECREE, William B. Toll and Christina B. Toll, 11222 N. 59th Street, Longmont, Co 80503, (303) 776-7130. Steven P. Jeffers, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO 80502-0978. BOULDER COUNTY. 2. The revised Abandonment List was approved by Judgment and Decree entered by this court on February 1, 2007. That Decree was revised and the corrected Judgment and Decree was entered on June 25, 2007. 3. The Abandonment Decree incorrectly includes the Siverly Seep Ditch as a water right that has been abandoned in Water Division 1, Water District 5. 4. The Siverly Seep Ditch was decreed in Civil Action No. 20716 in the District Court in and for Boulder County on February 25, 1971. The source of water is seepage, drainage and other water collected at or near the heading of said ditch located at the point whence the SE corner of Section 34, T3N, R70W, of the 6th P.M., Boulder County, bears S 36º 29’ E. 2814.5 feet. The Siverly Seep Ditch was decreed with a priority date of November 7, 1960 in the amount of 0.5 cfs for irrigation and domestic purposes. The original claimant was Ralph Jordan, whose address was Route 3, Cactus Patch Ranch, Longmont, CO 80501. 5. Petitioners purchased the Cactus Patch Ranch, including the Siverly Seep Ditch, in 1977. Mr. Jordan died a few years later. The address to the Ranch changed a number of years ago from the address identified for Mr. Jordan in the original decree to Petitioners’ current address stated above. 6. Petitioners have continued to use the Siverly Seep Ditch since the date they acquired the Cactus Patch Ranch and water right in 1977, without interruption. Petitioners have at no time intended to abandon this water right. 7. Pursuant to §37-92-401(10), C.R.S., substantive errors in any judgment and decree of the water court may be corrected by the water judge on the petition of any person whose rights have been adversely affected, upon making a showing satisfactory to the water judge that such person, due to mistake, inadvertence, or excusable neglect failed to file a protest to the decennial abandonment list with the water clerk within the time specified in the statute. Any petition to correct substantive errors in the abandonment decree must be filed with the water clerk within 4 years after date of entry of the decree. 8. This petition is filed within four years after entry of the abandonment decree, and is therefore timely. 9. The abandonment decree includes a substantive error, because the Siverly Seep Ditch has not been abandoned. 10. Petitioners did not file a protest to the abandonment list, because they were not aware that the Siverly Seep Ditch had been identified in the abandonment list. Petitioners did not see the resume notice and did not receive personal notice of the abandonment list. It appears that the abandonment notice was sent to the attention of Ralph Jordan, who was deceased, to an address that no longer existed. 11. Petitioners also contacted the District 5 Water Commissioner on several occasions between 2002 and 2004 to complain about upstream diversions that were reducing the flow of water to the Siverly Seep Ditch. At no time did the Water Commissioner ever advise Petitioners that the Siverly Seep Ditch had been included in the abandonment list. Petitioners only learned that the water right was included in the abandonment decree after requesting the undersigned attorney to investigate upstream diversions that were interfering with the flow of water to the Siverly Seep Ditch in May 2008. Petitioners took immediate action to file a petition to correct that error. 12. Petitioners have continuously used the Siverly Seep Ditch water right for irrigation on their property. Petitioners have consistently cleaned the ditch and maintained, repaired and replaced culverts, headgates, and diversion structures as part of their ongoing use of the water right. 13. Petitioners’ use of the Siverly Seep Ditch was acknowledged in a separate water court case by Henry W. Toll, Jr. and Marsha Toll Saunders in Case No. 86CW126 for the Cactus Patch North Pond. That decree recognizes that the pond is used for temporary detention of waters from the Siverly Seep Ditch and other sources. Attached is a copy of the decree in Case No. 86CW126. 14. Applicants’ use of the Siverly Seep Ditch and maintenance work on the ditch are described in the attached affidavit of William B. Toll. Also attached are photographs of the Siverly Seep Ditch taken in May 2008. This evidence demonstrates the existence and use of the ditch,

including well-maintained ditch banks, diversion structures, and delivery facilities for irrigation along the ditch, and for delivery of water across the James Ditch for irrigation on other portions of Petitioners’ property, consistent with the original decree. WHEREFORE, Petitioners respectfully request the court to find that this petition was timely filed pursuant to statute, Petitioners have shown that due to mistake, inadvertence or excusable neglect they failed to file a protest to the decennial abandonment list with the water clerk within the time specified in the statute, and that the abandonment decree should be corrected to remove the Siverly Seep Ditch from the abandonment list. 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 2008 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original with triplicate copies and include $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.