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DISTRICT COURT, WATER DIVISION NO. 2, COLORADO --------------------------------------------------------------------------------------------------------- RESUME OF CASES FILED DURING MAY 2007 --------------------------------------------------------------------------------------------------------- TO: ALL INTERESTED PARTIES Pursuant to C.R.S. 37-92-302, you are hereby notified that the following is a resume of applications and certain amendments filed during May 2007, in Water Division No. 2. The names and addresses of applicants, description of water rights or conditional water rights involved and description of ruling sought as reflected by said applications, or amendments, are as follows: --------------------------------------------------------------------------------------------------------- CASE NO. 01CW113(W-31) – CITY OF COLORADO SPRINGS, Chief Operating Officer, Colorado Springs Utilities, 121 S. Tejon, 5th Floor, Colorado Springs, CO 80947 (Copies of all pleadings should be served upon: William Kelly Dude, Anderson, Dude & Lebel, Attorneys for Applicant, P.C., 104 S. Cascade, Suite 204, Colorado Springs, CO 80903 and City of Colorado Springs, c/o Utilities General Counsel, 121 South Tejon, 4th Floor, Colorado Springs, CO 80903) NOTE: Per Order of May 11, 2007, the caption of this case was amended to reflect the water rights are located in Lake County rather than El Paso County. The text of the application remains the same as filed in November 2001. Application for Finding of Reasonable Diligence LAKE COUNTY 2. Name of Ditch or Structure: Upper Sugar Loaf Reservoir, Priority No. A-28(C), and Sugar Loaf Reservoir Enlargement & Amendment, Priority No. A-55(C). 3. A. Date of Original Decree: July 9, 1969, Case No. 5141, District Court of Chaffee County, Colorado. Diligence decrees were entered in Case No. 81CW2(W-31), Case No. 84CW43(W-31) and Case No. 88CW27(W-31). B. Location: The Decree in Case No. 5141 specifies the place of storge of both water rights to be the channel of the Lake Fork of the Arkansas River. By Decree entered in Case No. W-3994 in the District Court in and for Water Division No. 2 on August 22, 1975, a change was awarded with respect to Sugar Loaf Reservoir Enlargement & Amendment (“the April 26, 1931 decreed right”) to the effect that “the net amount of water to which applicant is entitled will be stored directly in Pueblo Reservoir, in Suguar Loaf Reservoir or Twin Lakes Reservoir, the latter two by exchange, or diverted through the Minnequa Canal, or any combination thereof.” C. Source: As to Upper Sugar Loaf Reservoir: July 2, 1892 – 3,120 acre feet, Sugar Loaf Reservoir Enlargement & Amendment: May 1, 1902 – 10,238 acre feet from the Lake Fork of the Arkansas River: April 27, 1931 – 10,238 acre feet from the Tennessee Fork and the East Fork of the Arkansas River, the rate of fill being 200 c.f.s. by way of the Tennessee Fork Feeder Canal and 200 c.f.s. by way of the East Fork Feeder Canal, which unite in what is designated as the Tennessee Fork Canal and 200 c.f.s. by way of the East Fork Feeder Canal, which unite in what is designated as the Tennessee Fork Canal with a combined total of 400 c.f.s. The Decree in Case No. 5141 specifies that:

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“As to water rights heretofore adjudicated in this district, priorities for irrigation granted by this decree shall be enforceable only as of July 14, 1942, and priorities for purposes other than irrigation, granted by this decree shall be enforceable only as of December 15, 1942.” D. Uses Specified in Decree: Irrigation, fish propagation, domestic, municipal and other beneficial uses. 4. Outline of Work Done, Including Expenditures: The applicant and its predecessors have proceeded diligently to put the water to beneficial use as conditionally decreed. In Case No. 81CW2(W-31) the District Court in and for Water Division No. 2, as to Sugar Loaf Reservoir Enlargement & Amendment, decreed that 3,900 acre feet be made absolute and that 150 c.f.s. out of the East Fork Feeder Canal and 150 c.f.s. out of the Tennessee Fork Feeder Canal with a combined total of 300 c.f.s. through the Tennessee Fork Canal be made absolute, leaving a balance of 6,338 acre feet conditional with 50 c.f.s. out of the East Fork Feeder Canal, 50 c.f.s. out of the Tennessee Fork Feeder Canal with a combined total of 100 c.f.s. out of Tennessee Fork Canal as conditional. In Case No. 83CW99 in the District Court in and for Water Division No. 2, a predecessor of applicant reported a storage of 12,557 acre feet with diversions of 163 c.f.s. out of the Tennessee Fork Feeder Canal, with a combined total of 326 c.f.s. out of the Tennessee Fork Canal, and asked that such storage and diversion be made absolute with the balance remaining conditional. No such judgment decree, however, was entered in Case No. 83CW99. In Case No. 84CW43(W-31), this Court entered a decree continuing these conditional rights, and also entered a decree continuing these conditional rights in Case No. 88CW27(W-31). Since this Court last found in April, 1995 that applicant had shown reasonable diligence in the development of these conditional rights, Applicant has spent $1,704,159 on capital expenditures and $9,305,771 on operation and maintenance expenditures for necessary improvements to and maintenance of its raw water collection, storage, and delivery systems and its water treatment and distribution system in order to utilize these water rights and other water rights in its integrated municipal system. The Applicant specifically intends to perfect the remaining conditional rights within a reasonable period of time and has been proceeding and will proceed diligently to divert and store water as it is available in priority. ------------------------------------------------------------------------------------------------------------ CASE NO. 02CW28 – ROGER CISNEROS, 1332 East Third Street, Pueblo, CO 81001; GILBERT N. CISNEROS, 2730 Wyoming Avenue, Pueblo, CO 81004; RONALD N. CISNEROS, 3933 Farabaugh Lane, Pueblo, CO 81005; and JAMES A. CISNEROS, 3231 Quintin Street, Pueblo, CO 81005 Amended Application for Surface Water Right HUERFANO COUNTY 2. Name of structure: Cisneros #3. 3. Legal description of each point of diversion: SW¼ of the NW¼ Section 30, Township 27 South, Range 70 West, 6th P.M., Huerfano County, Colorado, 1890 feet from the South line and 75 feet from the West Line. 4. A. Source: Spring tributary. 5. A. Date of initiation of appropriation: January 1955; B. How appropriation was initiated: Development of spring. C. Date water applied to beneficial use: January 1955. 6. Amount claimed: 3 gpm Absolute. 7. Use or proposed use: Domestic and livestock. A. If irrigation,

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complete the following: Number of acres historically irrigated: ______; proposed to be irrigated: ______. Legal description of acreage: ______. B. If non-irrigation, describe purpose fully: Domestic. Since 1955 when the spring was originally developed, there have been numerous domestic and livestock uses for this spring. The primary domestic use has and will continue to be for drinking, bathing, cooking, washing, and cleaning for the park area. Located at Township 27, Range 70, Section 30. Lot 2 aka SW4NW4 = 42.06 acres. Future domestic use will include 4 homes in the lower ranch. Livestock use will continue, past use included 30 to 40 head of cattle, 30 to 40 sheep and 8 horses. 8. Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicants listed above; Susan A. Galvez, 1814 Garwood, Pueblo, CO 81005; Anna M. Aragon, 1725 Harlow Avenue, Pueblo, CO 81006; Cathy L. Trujillo, 1037 S. Avenida Del Oro E, Pueblo West, CO 81007; Tina B. Lepik, 288 S. Massalino Drive, Pueblo West, CO 81007; Eloyda J. Vallejos, 4311 Wilderness Trail, Pueblo, CO 81008; Dolores J. Gomez, 1079 Della Lane, Pueblo, CO 81006; and Rebecca H. Wilson, Camino Al Cielo, Pueblo West, CO 81007 ------------------------------------------------------------------------------------------------------------ CASE NO. 06CW49 – CITY OF ROCKY FORD, 203 South Main Street, Rocky Ford, CO 81067 (Please direct all pleadings, correspondence and other communications regarding this matter to Applicant’s attorneys: David C. Hallford and Scott A. Grosscup, Balcomb & Green, P.C., P. O. Drawer 790, Glenwood Springs, CO 81602) Amendment to Application for Changes of Water Rights and Plan for Augmentation filed 6/28/06. OTERO AND PUEBLO COUNTIES The Application indicated that the City owned 13.361 shares in the Rocky Ford Ditch Company. The City has acquired an additional share in that Company to bring its total ownership to 14.361 shares. The Amendment includes this new share in the water rights to be changed and in the plan for augmentation share. Inclusion of this additional share increases the historical diversions from 644 acre feet of annual diversions to 692 acre feet of annual diversions, or 48.20 acre feet per year per share, and increases the historical depletions from 265 acre feet per year to 285 acre feet of annual depletions, or 19.86 acre feet per year. The historical use analysis is adjusted accordingly and the remaining references to the City’s shares in the Rocky Ford Ditch Company or Rocky Ford Ditch incorporate the additional share. Applicant’s plan for augmentation shall incorporate the new share. ------------------------------------------------------------------------------------------------------------ CASE NO. 07CW39 – RICHARD K. and BEVERLY A. REAGAN, 11260 Pine Meadows Road, Colorado Springs, CO 80908 Application for Underground Water Right EL PASO COUNTY 2. Name of well and permit, registration, or denial number: Reagan #1; Permit 28573. 3. Legal description of well: El Paso County, NE ¼ of the NW ¼ Section 21, Township 12 South, Range 65 West, 6thn P.M. Street Address: 11260 Pine Meadows Road, Colorado Springs, CO. 4. A. Source: Dawson

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Aquifer; B. Depth: 165 feet. 5. A. Date of appropriation: August 22, 1966; B. How appropriation was initiated: permit; C. Date water applied to beneficial use: 8-29-66. 6. Amount claimed: 12 gpm Absolute. 7. If well is non-tributary: A. Name of Aquifer: Dawson; B. Amount claimed in acre-feet annually: ____. 8. Proposed use: A. If irrigation, complete the following: N/A. B. If non-irrigation, describe purpose fully: Domestic, lawn and garden – 1 acre; horses; dog; cat. 9. Name(s) and address(es) of owner(s) or reputed owner(s) 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 pool: Applicants. ------------------------------------------------------------------------------------------------------------ CASE NO. 07CW40 – HENRY FLETCHER and SUZANNE FLETCHER, 4465 Leprechaun Lane, Colorado Springs, CO 80908 Application for Underground Water Right EL PASO COUNTY 2. Name of well and permit, registration, or denial number: Edward C. Haning; Permit 96063 1A. 3. Legal description of well: NW ¼ of the SE ¼ Section 14, Township 12 South, Range 66 West, 6th P.M., 2495 feet from the South line and 1695 feet from the East line. Street Address: 4465 Leprechaun Lane, Colorado Springs, CO. 4. A. Source: Dawson; B. Depth: 170. 5. A. Date of appropriation: 6-17-78; B. How appropriation was initiated: By applying for permit; C. Date water applied to beneficial use: 6-20-78. 6. Amount claimed: 12 gpm. 7. If well is non-tributary: A. Name of Aquifer: ____; B. Amount claimed in acre-feet annually: ____. 8. Proposed use: A. If irrigation, complete the following: N/A. B. If non-irrigation, describe purpose fully: For watering lawn, flower beds, dogs, cats and horses. Domestic – serves one home. One acre irrigated. 9. Name(s) and address(es) of owner(s) or reputed owner(s) 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 pool: _____. ------------------------------------------------------------------------------------------------------------ CASE NO. 07CW41 – SUE A. POPKESS-VAWTER, P. O. Box 652 (1075 CR 79), Florence, CO 81226-0652) Application for Underground Water Right FREMONT COUNTY 2. Name of well and permit, registration, or denial number: Popkess-Vawter; Permit 248248. 3. Legal description of well: Fremont County, SE ¼ of the NE ¼ Section 23, Township 19 South, Range 70 West, 6th P.M., 1900 feet from the North line and 1000 feet from the East line. Subdivision: Chandler Heights; Lot: 16. Optional Additional Description: GPS location information in UTM format. Were points averaged: No. Northing 4248892.66; Easting 483888.07; Zone 13. 4. A. Source: Finney Drilling; B. Depth: 170. 5. A. Date of appropriation: March 31, 2003; B. How appropriation was initiated: Well permit applied for; C. Date water applied to beneficial use: 4-22-03. 6.

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Amount claimed: 3 gpm Absolute. 7. If well is non-tributary: A. Name of Aquifer: ____; B. Amount claimed in acre-feet annually: ____. 8. Proposed use: A. If irrigation, complete the following: N/A. B. If non-irrigation, describe purpose fully: Purpose is for residential use for a family of four (4). Use of ground water is for fire protection, ordinary household purposes, irrigation for garden and lawn, and watering of domestic animals. 9. Name(s) and address(es) of owner(s) or reputed owner(s) 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 pool: Applicant. ------------------------------------------------------------------------------------------------------------ CASE NO. 07CW42 – WARNER LASHER and SHIRLEY LASHER, 11075 Milam Road, Colorado Springs, CO 80908 Application for Underground Water Rights from the Not Nontributary Denver and Nontributary Arapahoe and Laramie-Fox Hills Aquifers in the Denver Basin EL PASO COUNTY 2) Well Permits: Well permits will be applied for prior to construction of the well(s). 3) Legal Description of Wells and Subject Property: The wells which will withdraw groundwater from the not-nontributary Denver, nontributary Arapahoe, and nontributary Laramie fox Hills aquifers will be located at any location on approximately 5 acres of land on the SW¼ of the NW¼ of Section 24, Township 12 South, Range 66 West of the 6th PM, El Paso County, as shown on Attachment A to the Application (“Subject Property”). Legal property description is provided as Attachment B to the application. All exhibits mentioned herein are incorporated by reference and may be inspected at the office of the Clerk of this Court. 4) Source of Water Rights: a) Not- nontributary Ground Water. The source of the groundwater to be withdrawn from the Denver and Arapahoe aquifers is not-nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. Withdrawals of such ground water require replacement to the affected stream system of an amount of water equal to either the actual depletions caused by pumping such wells or four percent (4%) of the amount of water withdrawn, pursuant to a judicially approved plan for augmentation. No such plan is sought herein. b). Non Tributary Ground Water. The groundwater to be withdrawn from the Laramie-Fox Hills aquifers is nontributary groundwater as described in 37-90-103(10.5), C.R.S. Applicant will comply with the requirement to relinquish two percent (2%) of all such nontributary ground water withdrawn to the stream system. 5) Estimated Amounts, Rates of Withdrawal and Well Depths: a. Estimated annual average amounts available: The estimated average annual amounts available for withdrawal from the aquifers underlying the Subject Property, 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 Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying the Subject Property:

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Aquifer

Saturated Thickness (feet)

Specific Yield (percent)

Estimated Amount Available (Acre-ft)

Denver (NNT) 375 17 3.19 Arapahoe (NNT) 280 17 2.38 Laramie-Fox Hills (NT)

200 15 1.50

b. Average pumping rates and well depths, future wells: The wells will withdraw the subject 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 the 600 foot spacing rule as described in Section 37-90-137(2) C.R.S. for wells located on the Subject Property. Applicants also claim the right to construct additional and/or replacement wells into the Denver, Arapahoe, and Laramie-Fox Hills aquifers in order to maintain levels of production, to meet water supply demands, or to recover the entire amount of groundwater in each of said aquifers underlying the Subject Property. Based on an average ground surface elevation of 7610 feet above mean sea level, on the Subject Property, the approximate depths to the top and bottom of each aquifer are as follows: Aquifer Depth to Top

(feet below ground surface) Depth to Bottom (feet below ground surface)

Denver 400 1270 Arapahoe 1325 1820 Laramie-Fox Hills 2170 2450

These depths are approximate and are based on geologic and topographic information available from the Colorado State Engineers’ Office. Actual well completion depth(s) may vary from these estimates based on the actual geologic conditions below the Subject Property. c) Banking. As allowed by the “banking” provisions of Rule 8.A of the Statewide Nontributary Groundwater Rules 2 CCR 402-7, Applicants claim the right to withdraw more water each year from each of the aquifers than the average amount available annually from each aquifer, so long as the sum of the withdrawals from all the wells completed into each aquifer does not exceed the product of the average annual amount of withdrawal available from that aquifer times the number of years since the date of issuance of a permit to construct a well into the aquifer, or the date of this decree, whichever date occurs first. d). Well field provisions. Consistent with Rule 14 of the Statewide Nontributary Groundwater Rules, Applicants claim the right to produce the total allowed annual amount of withdrawal claimed hereunder for each aquifer, including amounts claimed from each aquifer pursuant to the “banking” provision of Rule 8.A through a single well drilled into each aquifer or through a combination of wells drilled into each aquifer. e). Adjustments based on site-specific data. As wells are drilled and site-specific data are obtained for each aquifer, different characteristics and sand thickness may be proven to exist and the total amount of groundwater available may change. Accordingly, Applicants request the right to revise these estimates and to obtain a decree for

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whatever amount of groundwater is shown to be in the Aquifers without the necessity of amending this application or republishing the same. 6). Appropriation. Pursuant to C.R.S. 37-92-305 (11), the date of appropriation, the date the water was applied to beneficial use, and the manner of initiation of the water rights sought herein are not applicable to the not- nontributary and nontributary groundwater rights sought herein, and no showings of, or applications for, reasonable diligence are required with respect to such water rights. 7) Proposed Uses. Water withdrawn pursuant to the water rights claimed herein may be used, stored, reused and successively used and /or leased, sold or otherwise disposed of for all purposes including domestic, industrial, agricultural, commercial, irrigation, stock watering, recreational, fish and wildlife, fire protection, replacement of depletions, augmentation, exchange and any other beneficial uses on the Subject Property. 8) Retained jurisdiction: Pursuant to C.R.S. 37-92-305(11), Applicants request the Court to retain jurisdiction as necessary to provide for the adjustment of the average annual amount of groundwater in the not-nontributary Denver and Araphaoe, and nontributary Laramie-Fox Hills aquifers in the Denver Basin underlying the subject property to conform to actual local aquifer characteristics as determined from adequate information obtained from well drilling or test holes. 9) Names and addresses of owners of land upon which the wells will be located. Same as Applicants. There is one lien against the Property. Pursuant to C.R.S. 37-92-302(b), notice has been given to the lien holder, Wells Fargo; a copy of the letter is attached to the Application as Attachment 3. ------------------------------------------------------------------------------------------------------------ CASE NO. 07CW43(W-3987) – THOMAS V. HEALY, c/o 229 Colorado Avenue, Pueblo, CO 81004 (Wm. David Lytle, Altman, Keilbach, Lytle Parlapiano & Ware, P.C., Attorneys for Applicant, 229 Colorado Avenue, Pueblo, CO 81004 81004; (719) 545-7325) Application for Finding of Diligence CUSTER COUNTY 2. Name of structure: Storage Tank to Wetmore No. 1 Well. 3. Describe conditional water right giving the following from the Referee’s Ruling and Judgment and Decree: A. Date of Original Decree: 2/28/75; Case No. W-3987; Court: Pueblo County District Court, Water Division. B. Legal description: Custer County, SW ¼ of the SE ¼ Section 9, Township 21 South, Range 69 West, 6th P.M. C. Source: Wetmore No. 1 Well. D. Appropriation Date: 10/10/72; Amount: 0.614 acre feet or 200,000 gallons, conditional, together with the right to fill and refill until 362 acre feet have been so stored during any one calendar year. E. Use: Irrigation and Municipal. F. Depth (if well): 592 feet. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Applicant has constructed two 22,500 gallon water tanks which give a present storage capacity of 75,000 gallons. Applicant has filed an application with the Colorado Department of Health for new filters to remove iron, radium and uranium. That application is pending. Applicant has spent in excess of

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$32,000.00 in building the storage. Once Applicant receives approval from the State Health Department of his filter systems, Applicant intends to add the additional storage capacity as provided in the Decree. 5. If claim to make absolute: N/A 6. Name(s) and address(es) of owner(s) or reputed owner(s) 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: Applicant. ------------------------------------------------------------------------------------------------------------ CASE NO. 07CW44(00CW23) – W.A.W. CATTLE RANCH, P. O. Box 1076, 1095 County Road 141, Westcliffe, CO 81252; (719) 783-2277) Application to Make Absolute CUSTER COUNTY 2. Name of structure: Hazel Pond and Hazel Spring. 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: 5/7/01; Case No. 00CW23 Court: Water Div. 2. B. Legal description: Hazel Pond: SE ¼ of the SE ¼ Section 29, Township 22 South, Range 73 West, 6th P.M., 1100 feet from the South line and 500 feet from the East line. Hazel Spring: SE ¼ of the SE ¼ Section 29, Township 22 South, Range 73 West, 6th P.M., 950 feet from the South line and 1000 feet from the East line. Street Address: 1095 County Road 141. Optional Additional Description: GPS location information in UTM format. Required settings for GPS units are as follows: Format must be UTM; Zone must be 13; Units must be Meters Datum must be NAD83; and Units must be set to true north. Were points averaged? ___. Northing 050763; Easting 4218089. C. Source: Natural spring. D. Appropriation Date: Spring: 4/30/42; Pond: 3/21/00; Amount: .10 cfs. (Spring); [Court records indicate that .034 af annually was awarded to Hazel Pond]. E. Use: Livestock watering and storage in Hazel Pond. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: A pond was constructed with the size of 20 feet wide, 30 feet long and 3 feet depth. The expenditures incurred were $300.00 backhoe labor and $100.00 overflow pipe and manual labor. 5. If claim to make absolute: A. Date water applied to beneficial use: 5/01/07; Amount: .10 cfs Use: Storage. B. Description of place of use where water is applied to beneficial use: Storage in Hazel Pond. 6. Name(s) and address(es) of owner(s) or reputed owner(s) 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: Applicant. ------------------------------------------------------------------------------------------------------------

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------------------------------------------------------------------------------------------------------------ CASE NO. 07CW45(00CW10) – RICHARD E. DUNN and CAROL S. DUNN, P. O. Box 1213, 5281 Co. Rd. 350, La Veta, CO 81055; 719-742-3597) Application to Make Absolute HUERFANO COUNTY 2. Name of structure: Carran Spring and Carran Pond. 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: 3/12/2001; Case No. 00CW10; Court: Water Div. 2. B. Legal description: Huerfano County, SW ¼ of the SW ¼ Section 6, Township 29 South, Range 68 West, 6th P.M., 500 feet from the North line and 900 feet from the East line. Street Address: 5281 County Road 350, La Veta, CO 81055; Subdivision: Cuchara River Estates; Lot 13. C. Source: ___. D. Appropriation Date: 9/30/1996. Amount: Spring 3 gpm; Pond 2 a.f./yr. E. Use: Domestic, single family dwelling and irrigation of one acre of lawns and vegetable and flower gardens. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Installed a 1 hp pump ($300) and 300 feet of 2” PVC pipe ($381), a no-frost faucet ($70), 400 feet of hoses and nozzles ($120). When our well goes dry, we also use this water in buckets to flush our toilet. Water testing in 2005, $220. Maintenance work has been done on the pond, approximately 1 week of backhoe rental, $875. Regular maintenance is performed on the PVC pipeline. 5. If claim to make absolute: A. Date water applied to beneficial use: 3/12/2001 to present; Amount: Spring 3 gpm and Pond 2 a.f./yr. Use: Used in the house as needed and irrigation of one acre of lawns and gardens. B. Description of place of use where water is applied to beneficial use: House, lawns and gardens of Lot 13, Cuchara River Estates, 5281 CR 350, La Veta. 6. Name(s) and address(es) of owner(s) or reputed owner(s) 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: ___. ------------------------------------------------------------------------------------------------------------ CASE NO. 07CW46(04CW30) – SANDY CHARNEY, 9017 Cottontail, Rye, CO 81069; (719) 676-4080 Application to Make Absolute HUERFANO COUNTY 2. Name of structure: Rosewater Springs. 3. Describe conditional water right giving the following from the Referee’s Ruling and Judgment and Decree: A. Date of Original Decree: 24 Oct. 2005; Case No. 04CW30; Court: ___. B. Legal description: Huerfano County, NW ¼ of the NW ¼ Section 2, Township 26 South, Rnage 68 West, 6th P.M., 106 feet south of the north line and 775 feet east of the west line. C. Source: Mexican Springs. D. Appropriation Date: 15 March 2007 [Note: Court records indicate an April 22, 2004 appropriation date was awarded to this conditional right]; Amount: 120

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gpm. E. Use: Hydro electric plant for domestic use. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Two inch pipeline has been installed and connected to a turbine. Power is provided to residence on lot 52/53. Spent water is returned to Mexican Springs Aquifer. Total cost of project about $9,000. 5. If claim to make absolute: A. Date water applied to beneficial use: May 2007. Amount: 120 gpm. Use: Hydro electric power plant—also called Microhydro. B. Description of place of use where water is applied to beneficial use: Provides all electrical power to applicant’s residence. 6. Name(s) and address(es) of owner(s) or reputed owner(s) 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: ____. ------------------------------------------------------------------------------------------------------------ CASE NO. 07CW47 – COLORADO CENTRE METROPOLITAN DISTRICT, c/o Alvaro J. Testa, Manager, 4770 Horizonview Drive, Colorado Springs, CO 80925 (Direct all pleadings to: Glenn E. Porzak and Kevin J. Kinnear, Porzak Browning & Bushong, LLP, Attorneys for Applicant, 929 Pearl Street, Suite 300, Boulder, CO 80302; (303) 443-6800) Application for Water Right, Change of Water Right, and Approval of Plan for Augmentation EL PASO COUNTY, COLORADO 2. Structures to be augmented and/or adjudicated: Colorado Centre Metropolitan District (the “District”) seeks to augment and/or adjudicate the following described water rights (collectively, the “Augmented Water Rights”): a. 200 Series Wells: The following wells decreed by the District Court in and for Water Division No. 2 (“Water Court”) in Case No. W-2694, for domestic, municipal (including fire protection), commercial, irrigation, industrial and recreation uses, and which derive their source from Jimmy Camp Creek, which is tributary to Fountain Creek (collectively, the “200 Series Wells”), the descriptions of which are attached to the Application as Exhibit A (All exhibits mentioned herein are incorporated by reference and may be inspected at the office of the Clerk of this Court): (1) Well No. 201, permit number 19273-1, located in the SW1/4 SE1/4 of Section 10, T. 15 S., R. 65 W., whence the SW corner of said Section 10 bears S 69º55' W. 3,265 feet. (2) Well No. 202, permit number 19273-2, located in the SE1/4 NW1/4 of Section 10, T. 15 S., R. 65 W., whence the SW corner of said Section 10 bears S 19º55' W. 4,354 feet. (3) Well No. 203, permit number 19273-3, located in the NW1/4 NE1/4 of Section 10, T. 15 S., R. 65 W., whence the NW corner of said Section 10 bears N 72º18' W. 2,921 feet. (4) Well No. 204, permit number 19273-4, located in the NW1/4 NE1/4 of Section 10, T. 15 S., R. 65 W., whence the NW corner of said Section 10 bears N. 73º24' W., 2,958.9 feet. (5) Well No. 205, permit number 19273-5, located in the NW1/4 NE1/4 of Section 10, T. 15 S., R. 65 W., whence the NW corner of said Section 10 bears N. 87º07' W., 3,279.7 feet. (6) Well No. 206, permit

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number 19273-6, located in the NW1/4 NE1/4 of Section 10, T. 15 S., R. 65 W., whence the NW corner of said Section 10 bears N. 89º51' W., 3,468.9 feet. (7) Well No. 207, permit number 19273-7, located in the SW1/4 SE1/4 of Section 3, T. 15 S., R. 65 W., whence the SW corner of said Section 3 bears S 89º32' W., 3,697.9 feet. (8) Well No. 208, permit number 19273-8, located in the SW1/4 SE1/4 of Section 3, T. 15 S., R. 65 W., whence the SW corner of said Section 3 bears S 88º11' W., 3,867 feet. (9) Well No. 209, permit number 19273-9, located in the SE1/4 SE1/4 of Section 3, T. 15 S., R. 65 W., whence the SW corner of said Section 3 bears S 86º12' W., 4,071.37 feet. (10) Well No. 210, permit number 19273-10, located in the SE1/4 SE1/4 of Section 3, T. 15 S., R. 65 W., whence the SW corner of said Section 3 bears S. 76º38' W., 4,894.74 feet. In Water Court Case No. 98CW125, the District changed the location of Well No. 210 to a point in the SE1/4 of Section 3, T. 15 S., R. 65 W., 6th P.M. commencing at the SE corner of said Section 3 from which the SW corner of said Section 3 bears S. 89º02'55" W. (basis of bearing), thence N. 55º35'17" W., 1422.45 feet to the center of said well. (11) Well No. 211, permit number 19273-11, located in the SE1/4 SE1/4 of Section 3, T. 15 S., R. 65 W., whence the SW corner of said Section 3 bears S. 75º13' W., 4,404.72 feet. In Water Court Case No. 96CW189, the District changed the location of Well No. 211 to a point in the SE1/4 of Section 3, T. 15 S., R. 65 W., 6th P.M. at a point whence the SE corner of said Section 3 bears N. 45º22'18" W. 1,562.1 feet, which is approximately 200 feet from the decreed location. (12) Well No. 212, permit number 19273-12, located in the NE1/4 NE1/4 of Section 10, T. 15 S., R. 65 W., whence the NW corner of said Section 10 bears N 85º38’ W, 4,051 feet. (13) Well No. 213, permit number 19273-13, located in the NE1/4 NE1/4 of Section 10, T. 15 S., R. 65 W., whence the NW corner of said Section 10 bears N 79º00’ W, 3,730 feet. (14) Well No. 214, permit number 19697-14, located in the SE1/4 SE1/4 of Section 3, T. 15 S., R. 65 W., whence the SW corner of said Section 3 bears S. 72º32' W., 4,688 feet. (15) Well No. 215, permit number 12547, located in the SW1/4 SE1/4 of Section 10, T. 15 S., R. 65 W., being 3,200 feet east of the west line and 4,000 feet south of the north line of said Section 10. (16) Well No. 216, permit number 23935 – F (R-314), located in the NW1/4 NE1/4 of Section 10, T. 15 S., R. 65 W., being 2,980 feet east of the west line and 950 feet south of the north line of said Section 10. (17) Well No. 217, permit number 12542, located in the SW1/4 SE1/4 of Section 3, T. 15 S., R. 65 W., being 4960 feet south of the north line and 3900 feet east of the west line of said Section 3. (18) Well No. 218, permit number 12541, located in the SW1/4 SE1/4 of Section 3, T. 15 S., R. 65 W., being 3,600 feet east of the west line and 1,100 feet north of the south line of said Section 3. (19) Well No. 219, permit number 19753, located in the SW1/4 NW1/4 of Section 10, T. 15 S., R. 65 W., being 1,100 feet east of the west line and 1,700 feet south of the north line of said Section 10. (20) Well No. 221, permit number 19273-Sump #1, located in the SE1/4 SE1/4 of Section 10, T. 15 S., R. 65 W., whence the SW corner of said Section 10 bears S 88º52’ W, 4,639.8 feet. (21) Well No. 222, permit number 19273-Sump #2, located in the SE1/4 SE1/4 of Section 3, T. 15 S., R. 65 W., when the SW corner of said Section 3 bears S 83º37’ W, 4,182.23 feet.

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In Case No. 96CW189, the Water Court approved the District’s right to alternately divert each of the 200 Series Wells at the location of each of the other 200 Series Wells, at an individual rate of 600 gpm each, with a cumulative rate of 2,725 gpm, which is the combined decreed rate of the District Wells. b. District Infiltration Galleries: The following infiltration galleries, decreed by the Water Court in Case No. 86CW31, for 5 cfs each for domestic, municipal (including fire protection), commercial, irrigation, industrial and recreation uses with an appropriation date of April 17, 1986, and which derive their source from the Fountain Creek alluvium (collectively, the “District Infiltration Galleries”): (1) Colorado Centre Infiltration Gallery No. 1, which is located along the east bank of Fountain Creek with an upstream point 2,300 feet east of the west section line and 300 feet south of the north section line, and a downstream point 3,400 feet east of the west section line and 1,500 feet south of the north section line of Section 10, T. 15 S., R. 66 W. of the 6th P.M. (2) Colorado Centre Infiltration Gallery No. 2, which is located along the west bank of Fountain Creek with an upstream point 4,300 feet east of the west section line and 2,300 feet south of the north section line, and a downstream point 4,400 feet east of the west section line and 3,200 feet south of the north section line of Section 10, T. 15 S., R. 66 W. of the 6th P.M. (3) Colorado Centre Infiltration Gallery No. 3, which is located along the east bank of Fountain Creek with an upstream point 900 feet east of the west section line and 1,400 feet south of the north section line, and a downstream point 1,900 feet east of the west section line and 2,000 feet south of the north section line of Section 14, T. 15 S., R. 66 W. of the 6th P.M. (4) Colorado Centre Infiltration Gallery No. 4, which is located along the east bank of Fountain Creek with an upstream point 2,700 feet east of the west section line and 2,600 feet south of the north section line, and a downstream point 3,800 feet east of the west section line and 2,300 feet south of the north section line of Section 14, T. 15 S., R. 66 W. of the 6th P.M. (5) Colorado Centre Infiltration Gallery No. 5, which is located along the east bank of Fountain Creek with an upstream point 4,700 feet east of the west section line and 3,200 feet south of the north section line, and a downstream point 4,900 feet east of the west section line and 4,100 feet south of the north section line of Section 14, T. 15 S., R. 66 W. of the 6th P.M. (6) Colorado Centre Infiltration Gallery No. 6, which is located along the east bank of Fountain Creek with an upstream point 1,300 feet east of the west section line and 2,200 feet south of the north section line, and a downstream point 1,400 feet east of the west section line and 3,000 feet south of the north section line of Section 24, T. 15 S., R. 66 W. of the 6th P.M. c. Colorado Centre Wells: The following groundwater wells, decreed by the Water Court in Case No. 86CW31, for 1000 gpm each for domestic, municipal (including fire protection), commercial, irrigation, industrial and recreation uses with an appropriation date of April 17, 1986, and which derive their source from the Fountain Creek alluvium (collectively, the “Colorado Centre Wells”): (1) Colorado Centre Well No. 5, located 3900 feet from the south section line and 1400 feet from the west section line of Section 14, T. 15 S., R. 66 W., 6th P.M. (2) Colorado Centre Well No. 6, located 3500 feet from the south section line and 1900 feet from the west section line of Section 14, T. 15 S., R. 66 W., 6th P.M. (3)

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Colorado Centre Well No. 7, located 3300 feet from the south section line and 2300 feet from the east section line of Section 14, T. 15 S., R. 66 W., 6th P.M. (4) Colorado Centre Well No. 8, located 3100 feet from the south section line and 1800 feet from the east section line of Section 14, T. 15 S., R. 66 W., 6th P.M. (5) Colorado Centre Well No. 9, located 1900 feet from the south section line and 700 feet from the east section line of Section 14, T. 15 S., R. 66 W., 6th P.M. (6) Colorado Centre Well No. 10, located 1600 feet from the south section line and 400 feet from the east section line of Section 14, T. 15 S., R. 66 W., 6th P.M. (7) Colorado Centre Well No. 11, located 2200 feet from the north section line and 1400 feet from the west section line of Section 24, T. 15 S., R. 66 W., 6th P.M. (8) Colorado Centre Well No. 12, located 2800 feet from the north section line and 1400 feet from the west section line of Section 14, T. 15 S., R. 66 W., 6th P.M. d. Cuchares Wells: The following groundwater wells, the source of which is groundwater tributary to Fountain Creek (collectively, the “Cuchares Ranch Wells”): (1) Cuchares Well No. 7, well permit no. 16134, decreed by the Water Court in Case No. W-2201 on January 31, 1974, with a priority date of December 31, 1961, for 120 gpm for irrigation use, located in the NE1/4 NE1/4 of Section 3, T. 15 S., R. 65 W. of the 6th P.M., where the north section line (the center of Drennan Road) intersects with the west line of the NE1/4 NE1/4 of said section, thence east 2 feet, thence south 40 feet. (2) Cuchares Well No. 2, well permit no. 16131, decreed by the Water Court in Case No. W-2204 on January 31, 1974, with a priority date of December 31, 1948, for 90 gpm for irrigation use, located in the NW1/4 NE1/4 of Section 3, T. 15 S., R. 65 W. of the 6th P.M., where the north section line (the center of Drennan Road) intersects with the east line of the NW1/4 NE1/4 of said section, thence west 545 feet, thence south 760 feet. (3) Cuchares Well No. 5, well permit no. 16132, decreed by the Water Court in Case No. W-2204 on January 31, 1974, with a priority date of December 31, 1948, for 90 gpm for irrigation use, located in the NW1/4 NE1/4 of Section 3, T. 15 S., R. 65 W. of the 6th P.M., where the north section line (the center of Drennan Road) intersects with the east line of the NW1/4 NE1/4 of said section, thence west 650 feet, thence south 50 feet. (4) Cuchares Well No. 6, well permit no. 16133, decreed by the Water Court in Case No. W-2204 on January 31, 1974, with a priority date of December 31, 1948, for 117 gpm for irrigation use, located in the NW1/4 NE1/4 of Section 3, T. 15 S., R. 65 W. of the 6th P.M., where the north section line (the center of Drennan Road) intersects with the east line of the NW1/4 NE1/4 of said section, thence west 90 feet, thence south 40 feet. (5) Cuchares Well No. 11, well permit no. 16135-R, decreed by the Water Court in Case No. W-2204 on January 31, 1974, with a priority date of December 31, 1951, for 72 gpm for irrigation use, located in the NW1/4 NE1/4 of Section 3, T. 15 S., R. 65 W. of the 6th P.M., where the north section line (the center of Drennan Road) intersects with the east line of the NW1/4 NE1/4 of said section, thence west 828 feet, thence south 44 feet. (6) Cuchares Well No. 12, well permit no. 16136, decreed by the Water Court in Case No. W-2204 on January 31, 1974, with a priority date of December 31, 1951, for 108 gpm for irrigation use, located in the NW1/4 NE1/4 of Section 3, T. 15 S., R. 65 W. of the 6th P.M., where the north section line (the center of Drennan Road) intersects with the east

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line of the NW1/4 NE1/4 of said section, thence west 800 feet, thence south 500 feet. (7) Cuchares Well No. 16, well permit no. 16138, decreed by the Water Court in Case No. W-2204 on January 31, 1974, with a priority date of December 31, 1951, for 85 gpm for irrigation use, located in the NW1/4 NE1/4 of Section 3, T. 15 S., R. 65 W. of the 6th P.M., where the north section line (the center of Drennan Road) intersects with the east line of the NW1/4 NE1/4 of said section, thence west 475 feet, thence south 550 feet. (8) Cuchares Well No. 10, well permit no. 18428 – F, permitted for 60 gpm for irrigation of 120 acres, located in the NW1/4 NE1/4 of Section 3, T. 15 S., R. 65 W. of the 6th P.M., at a point located 250 feet south of the north section line, and 2230 feet west of the east section line of said Section 3. e. 200 Series Wells 1st Enlargement: The District seeks to adjudicate a new water right for the 200 Series Wells, described in paragraph 2(a) above, in the additional amount of 400 gpm (0.9 cfs) from any one or combination of the 200 Series Wells, with an appropriation date of May 10, 2007, for domestic, municipal (including fire protection), commercial, irrigation, industrial and recreation uses, the source of which is the Fountain Creek alluvium. 3. Source of Augmentation Water: The District will replace out of priority depletions within the Cuchares Ranch service area, which consists of approximately 93.33 acres located in the N1/2 of Section 3, T. 15 S., R., 65 W. of the 6th P.M., El Paso County, and identified in Exhibit A to the Application, with 28.0 consumptive acre feet associated with 40 shares out of the 5,885 issued and outstanding shares of the Fountain Mutual Irrigation Company (“FMIC”). These 40 shares represent the District’s pro rata interest associated with the Cuchares Ranch in the following priorities decreed to the Fountain Mutual Ditch by the District Court in and for El Paso County in the former Water District 10: Priority Amount (cfs) Priority Date Adjudication

Date 4 5.38 9/21/1861 3/06/1882 7 1.125 4/01/1862 3/06/1882 11 16.69 2/01/1863 3/06/1882 17 4.25 12/31/1863 3/06/1882 21 4.65 12/31/1864 3/06/1882 28 8.48 12/31/1866 3/06/1882 29 6.45 12/31/1867 3/06/1882 41 17.05 9/21/1874 3/06/1882 168 343.2 1/31/1903 6/02/1919 In addition, by virtue of the 40 FMIC shares described above, the District has a 0.68% interest in the actual capacity of Big Johnson Reservoir (a/k/a Fountain Valley Reservoir No. 2), decreed for 10,000 acre feet with an appropriation date of March 18, 1903, and an adjudication date of June 2, 1919, the source of which is Fountain Creek. The reservoir is located in Sections 7, 8, 17, and 18, T. 15 S., R 65 W. of the 6th P.M. Each FMIC share has historically yielded on average the equivalent of 0.7 acre foot of net replacement or consumptive use water per year, which number represents a portion of Farm Headgate Delivery. This yield of 0.7 acre foot of net annual consumptive use per share was confirmed by the Colorado Supreme Court in Williams v. Midway Ranches Property Owners’

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Assoc., 938 P.2d 515, 521 (Colo. 1997), and in subsequent change cases. Since the historical use and consumptive use have previously been determined, no map or diversion records are necessary. Because the District will continue to divert the water represented by its shares and store, at times, this water in the reservoir, its ownership of these 40 shares and associated interest in Big Johnson Reservoir will on the average yield the District a total 28.0 consumptive acre feet of water per year for replacement purposes from the Fountain Mutual Ditch, which diverts from Fountain Creek in the SW1/4 of Section 20, T. 14 S., R. 66 W. of the 6th P.M. 4. Application for Water Right: By this application, the District seeks adjudication of a water right for the 200 Series Wells 1st Enlargement, described in paragraph 2(e) above. The District seeks approval to divert this water right in priority, and out of priority year round pursuant to the plan for augmentation described herein. 5. Change of water right: (a) By this application, the District seeks to change the use of the 40 FMIC shares described above to: domestic, municipal (including fire protection), commercial, irrigation, industrial, recreation, augmentation and replacement uses, for use within the Cuchares Ranch, more particularly described in Exhibit A attached to the Application. The water rights so changed will be permanently removed from their historical use for irrigation and the historically irrigated properties will no longer be irrigated, will be removed from crop cultivation, and will be dried up. Because the FMIC system is a water short system, the withdrawal of water deliveries to lands under that system results in naturally reduced irrigation and dry-up of property. (b) The District also seeks the right to divert and store the 40 FMIC shares described above in the Big Johnson Reservoir pursuant to its ownership interest described in paragraph 3 above. (c) The District also seeks the right to use the 40 FMIC shares described above to recharge the aquifer that is the source of supply for the points of diversion described in 2(a) and 2(e) above. (d) The District further seeks a change in place of use of the 200 Series Wells, the District Infiltration Galleries, and the Colorado Centre Wells to include the Cuchares Ranch service area, in addition to the present service area of the District. 6. Description of Plan for Augmentation: By this application, the District seeks to divert and/or store water in and out of priority on a year-round basis from the structures described in paragraph 2 above for use in connection with the Cuchares Ranch service area, described in paragraph 3 above and depicted in Exhibit A to the Application. Currently, the Cuchares Ranch service area is projected to include 417 single-family homes. To permit out of priority diversions and storage to serve the Cuchares Ranch service area, the District proposes to augment and replace resulting depletions by foregoing the use of and committing to the Fountain Creek basin the historical consumptive use component of the 40 FMIC shares described in paragraph 3 above. (a) In determining the amount of out of priority depletions, the District claims credit for all return flows resulting from the use of the Augmented Water Rights in connection with its municipal water system. Similarly, in determining the amount of augmentation or replacement water available, the District claims credit for all return flows resulting from the direct use of the water rights represented by the FMIC shares described in paragraph 3 above. (b) Depletions associated with

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withdrawals from the 200 Series Wells described in paragraph 2(a) and 2(e) accrue to Fountain Creek two years after the date of withdrawal. Depletions associated with withdrawals from the District Infiltration Galleries and the Colorado Centre Wells described in paragraphs 2(b) and 2(c) reach Fountain Creek on the day following the day of withdrawal. The depletions associated with the Cuchares Wells will be determined by conducting a Glover analysis or other similar depletion analysis. (c) Sewered return flows treated at the Widefield Wastewater Treatment Facility are estimated to be equal to 96% of the diversions so treated. Sewered return flows treated at the Fountain Sanitation District Wastewater Treatment Plant are estimated to be equal to 98% of the diversions so treated. The total depletions associated with indoor uses will be calculated as the difference between the metered deliveries to the Cuchares Ranch service area, less the sewered return flows associated with Cuchares Ranch, times the above-stated values (96% or 98%) for the appropriate wastewater treatment facility. (d) Irrigation return flows are estimated to be 15% of the water applied for lawn and garden irrigation. Diversions associated with the Augmented Water Rights described in paragraph 2 will be metered. Deep percolation of irrigation water will be calculated by estimating the in-house use based upon the average use during the months of November through March. This value will be subtracted from the average use during the months from April through October. If the result is greater than zero, the value will be multiplied by 15%. The District reserves the right to change the mix of uses in the Cuchares Ranch service area, so long as total out of priority depletions do not exceed 28.0 acre feet per year based on the foregoing depletion assumptions. 7. Supplemental Wells: The District requests the right to obtain any supplemental and/or replacement wells necessary to serve the Cuchares Ranch service area, so long as such supplemental and/or replacement wells are located within the service areas of the District and/or Cuchares Ranch Metropolitan District, and so long as the use of such wells are consistent with the plan for augmentation described herein. 8. Remarks: (a) The District owns the facilities described in paragraph 2 above, and it owns the land and/or own easements on and over the land upon which said structures are located. (b) The District owns additional FMIC shares that were changed and adjudicated as part of the plan for augmentation decreed by the Water Court in Case No. 86CW31, and that are not a part of this application. Nothing in this application will change or modify the water rights, change of water rights, or plan for augmentation decreed in Case No. 86CW31. WHEREFORE, the District requests that the Court enter an order approving the subject application for approval of water right, change of water rights, and plan for augmentation. ------------------------------------------------------------------------------------------------------------

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-----------------------------------------------------------------------------------------------------------CASE NO. 07CW48 – THE RANCH ON TEXAS CREEK, LLC, c/o Mr. Paul R. Seegers, Manager, 8222 Douglas Avenue, Suite 790, Dallas, TX 75225-5938 (David F. Jankowski and Jason V. Turner, White & Jankowski, LLP, Attorneys for Applicant, 511 Sixteenth Street, Suite 500, Denver, CO 80202; (303) 595-9441) Application for a Finding of Reasonable Diligence PUEBLO AND FREMONT COUNTIES 2. Name of conditional water right: Henry Belknap Ditch Exchange. 3. Description of Henry Belknap Ditch Exchange: a. Name of water right: Henry Belknap Ditch Exchange. b. Original Decree: May 2, 2001, Case No. 99CW144, Water Court Division No. 2 State of Colorado. c. Source: Spruce Creek tributary to Texas Creek, tributary to the Arkansas River. d. Legal Description of Structure: The headgate of the Henry Belknap Ditch is located in the SW ¼ SE ¼ Section 35, Township 47 North, Range 12 East, N.M.P.M., on the north bank of Spruce Creek at a point 600 feet from the south line of said section and 2150 feet from the east line of said section. e. Exchange Reach: From the mainstem of the Arkansas River at its confluence with Fountain Creek in Section 6, Township 21 South, Range 64 West, 6th P.M. and from this point up the mainstem of the Arkansas River to the confluence with Texas Creek located in Section 7, Township 19 South, Range 73 West, 6th P.M. and from this point up Texas Creek to its confluence with Spruce Creek located in the SW ¼ of Section 35, Township 47 North, Range 12 East N.M.P.M. and from that point up Spruce Creek to the terminus of the exchange at the headgate of the Henry Belknap Ditch as described in ¶3.d. above. f. Appropriation Date: October 27, 1999. g. Amount: 1.0 c.f.s., not to exceed 180 acre-feet annually, conditional. h. Use: Irrigation. 4. Detailed outline of steps taken during the diligence period toward completion of the appropriation and application to a beneficial use. a. The Ranch acquired the Henry Belknap Ditch Exchange water right (“Exchange Right”) in 2004, when it purchased certain lands and water rights from Mr. Irvin Story, the applicant in Case No. 99CW144. As part of the acquisition, The Ranch investigated the title to and status of the land and water right interests that were ultimately acquired. Closing of the acquisition occurred during the diligence period and represented a substantial financial commitment by The Ranch. b. The Ranch acquired the Story property and water rights to expand and improve its overall ranching operations in Fremont County. The Exchange Right is one of the several water rights integrated into The Ranch’s overall irrigation system. c. Prior to the acquisition of the Exchange Right by The Ranch, Mr. Story, in 2000, had entered into a lease agreement with Colorado Spring Utilities (“CSU”) for the lease of 180 acre-feet of reusable water. Use of CSU water as the replacement supply is specifically provided for in the decree in 99CW144. Mr. Story was not able to use the leased water for exchange purposes during the term of the lease. d. Since it purchased the Exchange Right, The Ranch has maintained and improved the Henry Belknap Ditch and its headgate and maintained and improved the pastures irrigated by the Ditch. The Ditch is capable of diverting and carrying the full 1.0 c.f.s. decreed to the Exchange Right and the corresponding direct flow right decreed to the

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Ditch in Case No. 99CW144. The Ranch continues to pursue use of the water right and can and will place the Exchange Right to beneficial use within a reasonable time. e. The Ranch has investigated, with CSU and other water suppliers, the possible lease of replacement supplies to operate the Exchange Right. In most instances, water suppliers, including CSU, did not have water available for lease. In other instances, The Ranch determined that the cost of leasing the water would be prohibitive. f. The Ranch has participated actively in opposition to other water right applications to protect the Ranch’s water rights in the Exchange Right and other water rights owned by The Ranch. g. The Ranch has spent not less than $15,000, excluding the purchase price of the Ranch and water rights, in pursuing the above described activities during the subject diligence period. WHEREFORE, The Ranch on Texas Creek, LLC requests the Court to enter a ruling and decree that finds that The Ranch has exercised reasonable diligence in the operations of the Henry Belknap Ditch Exchange water right that was conditionally decreed in Case No. 99CW144 and provide that a subsequent showing of diligence be made six years from the date of entry of a decree of diligence in this matter. ------------------------------------------------------------------------------------------------------------ CASE NO. 07CW49 (Water Division 2) and CASE NO. 07CW104 (Water Division 1) – JAMES G. WALKER and ROSEMARY V. WALKER, 12980 Ward Lane, Colorado Springs, CO 80908; and JAMES J. MUNSON and ALECIA K. MUNSON, 12855 Linnwood Lane, Colorado Springs, CO 80908 (Henry D. Worley, MacDougall, Woldridge & Worley, Attorneys for Applicant, 530 Communication Circle, Suite 204, Colorado Springs, CO 80905; (719) 520-9288) Application for Adjudication of Denver Basin Ground Water and for Approval of Plan for Augmentation EL PASO COUNTY 1. Names of wells and permit, registration, or denial numbers: There are two permitted Dawson aquifer wells on the property, permit nos. 28311 and 175928. 2. Legal description of wells: Two additional wells in the Dawson aquifer, and one in each of the Denver, Arapahoe and Laramie-Fox Hills aquifers, plus all necessary additional and/or replacement wells, to be located anywhere on Applicants’ combined 40 acres consisting of the NW1/4 SE1/4 Section 9, T. 12 S., R. 65 W., 6th P.M., in El Paso County (the “Property”). The location of the Property is shown on a map attached to the Application as Figure 1. All exhibits mentioned herein are incorporated by reference and may be inspected at the office of the Clerk of this Court. The Property is located entirely within Water Division 2. 3. Sources: Not nontributary Dawson aquifer; not nontributary Denver aquifer; nontributary Arapahoe aquifer; nontributary Laramie-Fox Hills aquifer. 4. A. Date of appropriation: Not applicable. 4.B. How appropriation was initiated: Not applicable. 4.C. Date water applied to beneficial use: Not applicable. 5. Amount claimed: Dawson aquifer - 15 g.p.m. per well, 32.8 acre feet annually, absolute; Denver aquifer - 100 g.p.m., 25.2 acre feet annually, absolute; Arapahoe aquifer - 200 g.p.m., 17.3 acre feet annually, absolute; Laramie-Fox Hills aquifer - 100 g.p.m., 11.4 acre feet annual-ly, absolute. The above amounts will be changed in any decree entered herein

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to take into account the State Engineer's Determination 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. 6. Proposed use: Indoor residential and commercial; swimming pool and/or hot tub; landscaping including irrigation and water “amenities” such as decorative pools and fountains, stock water, fire protection and augmentation. 7. Name and address of owner of land on which wells are/will be located: Same as Applicants. 8. Name of structures to be augmented: Up to four Dawson aquifer wells, two of which are already constructed. No other water rights are or will be diverted from these wells. After entry of a decree, the existing Dawson aquifer wells will be re-permitted consistent with the provisions of the decree. 9. Previous decrees for water rights to be used for augmentation: None. 10. Historic use: Not applicable. 11. Statement of plan for augmentation: Applicants intend to subdivide the Property into four ten-acre residential lots, each of which will be served by individual on-lot Dawson aquifer wells, each of which will be limited to 0.7 acre foot (228,100 gallons) annually. Indoor use for each of houses is expected to equal 0.26 acre foot annually. Treatment of waste water from indoor uses will be achieved using nonevaporative individual septic tanks and leach field systems (“ISDS”); consumption of water so treated will not exceed 10 percent of uses, with 90 percent, or 0.94 acre feet annually based on pumping of 2.8 acre feet, returning to the nearest stream. Depletions in the 300th year are modeled to equal approximately 22 percent of annual pumping, or 0.62 acre feet based on annual pumping of 2.8 acre feet, and then decline. So long as a single family dwelling is located on each lot, ISDS return flows alone will equal or exceed maximum stream depletions each year during pumping. Change of the type of wastewater treatment to a central sewage treatment with direct discharge to any tributary of Fountain Creek shall not require an amendment to this plan for augmentation, but change to any other type of waste water disposal shall require an amendment. Applicants propose to replace depletions during pumping with return flows from the ISDS, and to replace injurious post-pumping depletions with the nontributary Arapahoe aquifer water decreed herein, approximately 763 acre feet of which will be reserved for that purpose. However, Applicants seek to reserve the right to replace such depletions with any judicially acceptable source of augmentation water. Applicants further propose to aggregate all depletions and replace them to the Arkansas River drainage. Any final decree entered in this case shall provide that no more than 0.7 acre foot per year may be diverted from each of the four Dawson aquifer wells absent an amendment of this plan for augmentation. Because depletions will occur in both Water Divisions 1 and 2, this application is being published in both water divisions, and will be consolidated in Water Division 2. ------------------------------------------------------------------------------------------------------------

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------------------------------------------------------------------------------------------------------------ CASE NO. 07CW50 (Water Division 2) and CASE NO. 07CW108 (Water Division 1) – MICHAEL D. TAYLOR and DIANA J. TAYLOR, 12950 Black Forest Road, Colorado Springs, CO 80908 (Henry D. Worley, MacDougall, Woldridge & Worley, Attorneys for Applicants, 530 Communication Circle, Suite 204, Colorado Springs, CO 80905; 719-520-9288) Application for Adjudication of Denver Basin Ground Water and for Approval of Plan for Augmentation EL PASO COUNTY 1. Names of wells and permit, registration, or denial numbers: There is an old, unpermitted well on the property. 2. Legal description of wells: Two additional wells in the Dawson (three total), and one in each of the Denver, Arapahoe and Laramie-Fox Hills aquifers, plus all necessary additional and/or replacement wells, to be located anywhere on Applicants’ 15 acre property located in the NE1/4 SE1/4 Section 7, T. 12 S., R. 65 W., 6th P.M., in El Paso County (the “Property”). The legal description of the Property is attached to the application as Exhibit A, and a map depicting its location is attached to the Application as Figure 1. All exhibits mentioned herein are incorporated by reference and may be inspected at the office of the Clerk of this Court. The Property is located entirely within the Arkansas River drainage. 3. Sources: Not nontributary Dawson aquifer; not nontributary Denver aquifer; nontributary Arapahoe aquifer; nontributary Laramie-Fox Hills aquifer. 4. A. Date of appropriation: Not applicable. 4.B. How appropriation was initiated: Not applicable. 4.C. Date water applied to beneficial use: Not applicable. 5. Amount claimed: Dawson aquifer - 15 g.p.m. per well, 8.9 acre feet annually, absolute; Denver aquifer - 100 g.p.m., 10.8 acre feet annually, absolute; Arapahoe aquifer - 200 g.p.m., 6.3 acre feet annually, absolute; Laramie-Fox Hills aquifer - 100 g.p.m., 4.3 acre feet annually, absolute. The above amounts will be changed in any decree entered herein to take into account the State Engineer's Determination 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. 6. Proposed use: Indoor residential; swimming pool and/or hot tub; landscaping including irrigation and water “amenities” such as decorative pools and fountains, stock water, fire protection and augmentation. 7. Name and address of owner of land on which wells are/will be located: Same as Applicants. 8. Name of structures to be augmented: Up to three Dawson aquifer wells, one of which is already constructed. No other water rights are or will be diverted from these wells. After entry of a decree, the existing Dawson aquifer well will be permitted consistent with the provisions of the decree. 9. Previous decrees for water rights to be used for augmentation: None. 10. Historic use: Not applicable. 11. Statement of plan for augmentation: Applicants intend to subdivide the Property into three five-acre residential lots, each of which will be served by individual on-lot Dawson aquifer wells which may pump no more than 0.7 acre foot (228,100 gallons) annually, each. Indoor use for each of houses is expected to equal 0.26 acre foot annually. Treatment of

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waste water from indoor uses will be achieved using nonevaporative individual septic tanks and leach field systems (“ISDS”); consumption of water so treated will not exceed 10 percent of uses, with 90 percent, or 0.7 acre feet annually, returning to the nearest stream. Depletions in the 300th year are modeled to equal approximately 23.38 percent of annual pumping, or 0.49 acre feet based on annual pumping of 2.1 acre feet. So long as a single family dwelling is located on each lot, ISDS return flows alone will equal or exceed maximum stream depletions each year during pumping. Change of the type of wastewater treatment to a central sewage treatment with direct discharge to any tributary of Fountain Creek shall not require an amendment to this plan for augmentation, but change to any other type of waste water disposal shall require an amendment. Applicants propose to replace depletions during pumping with return flows from the ISDS, and to replace injurious post-pumping depletions with the nontributary Arapahoe aquifer water decreed herein, approximately 563 acre feet of which will be reserved for that purpose. However, Applicants seek to reserve the right to replace such depletions with any judicially acceptable source of augmentation water. 12. Statement of alternate plan for augmentation. Applicants also seek the ability to augment depletions caused by pumping up to three Denver aquifer wells to provide a domestic water supply for the same three lots and same uses referenced in part II above. This would be instead of, and not in addition to, the Dawson aquifer augmentation plan, because it would use the same source of augmentation water, the Arapahoe aquifer. Pumping would be limited to 0.7 acre foot per lot, but not necessarily per well, per year, so that if one Denver aquifer well were used to provide water for all three lots, pumping would be limited to 2.1 acre feet annually. ISDS return flows would be used for the four percent return obligation during the 300 year pumping period. All 630 acre feet of the Arapahoe aquifer water rights would be reserved to replace post-pumping depletions. 13. Miscellaneous provisions applicable to both augmentation plans. Applicants propose to aggregate all depletions and replace them to the Arkansas River drainage. Any final decree entered in this case shall provide that no more than 2.1 acre feet per year may be diverted from the Dawson or the Denver aquifer absent an amendment of this plan for augmentation. Because depletions will occur in both Water Divisions 1 and 2, this application is being published in both water divisions, and will be consolidated in Water Division 2, where the property is located. ------------------------------------------------------------------------------------------------------------ CASE NO. 07CW51 – SECURITY WATER DISTRICT, c/o Roy E. Heald, Manager, 231 Security Boulevard, Colorado Springs, CO 80911 and FOUNTAIN MUTUAL IRRIGATION COMPANY, c/o Gary Steen, Manager, 487 Anaconda Drive, Colorado Springs, CO 80919 (Steven T. Monson, Felt, Monson & Culichia, LLC, Attorneys for Applicants, 319 N. Weber Street, Colorado Springs, CO 80903; 719-471-1212) Application for Plan for Augmentation and Change of Water Rights EL PASO COUNTY II. Background and Summary of Application. Security Water District (“Security”) has decreed plans for augmentation in Case Nos. W-4212 and

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90CW28, Water Division 2, which are used to replace depletions to Fountain Creek as a result of its municipal well field diversions from the Widefield Aquifer. The Widefield Aquifer is tributary to Fountain Creek where the ancient channel joins the present Fountain Creek and its alluvium approximately two miles downstream of Security’s well field. The municipal users within the Widefield Aquifer have entered into a Widefield Aquifer Management Agreement (“Widefield Aquifer Stipulation”) which allocates the annual aquifer yield among those parties based on historical use of the parties’ wells within various production zones (“reaches”) of the aquifer. The Widefield Aquifer Stipulation was approved by the Court in Case No. W-116 and has been incorporated into the applicable decrees and plans for augmentation of the participants. Security has entered into a perpetual Water Rights Lease for the use of additional wells within the Widefield Aquifer, commonly known as the “Venetucci Wells”, to be used pursuant to the Widefield Aquifer Stipulation. The purpose of this Application is to provide for the use of the Venetucci Wells by Security through augmentation of Fountain Creek to the extent of the out-of-priority well depletions from the Venetucci Wells. A. Structures to be Augmented. The structures to be augmented are the Ventucci Wells leased by Security under the terms of the December 15, 2006 Water Rights Lease between Pikes Peak Community Foundation, as lessor, and Security Water District and Widefield Water and Sanitation District, as lessees (“Water Rights Lease”), all of which wells are located in Township 15 South, Range 66 West, 6th P.M., El Paso County, Colorado. The Water Rights Lease is recorded at Reception No. 206185458 with the El Paso County Clerk and Recorder. The Venetucci Wells are described as follows: 1. Venetucci Well No. 4. Venetucci Well No. 4 is located in the SE1/4 SW1/4 of Section 11, under Well Permit No. 18664-R, as decreed on May 27, 1971 in Case Nos. 103 through 111, District Court for Water Division 2, for 2.78 cfs for municipal use with a priority date of August 1, 1954. 2. Venetucci Well No. 5. Venetucci Well No. 5 is located in the SE1/4 SW1/4 of Section 11, under Well Permit No. 17490-U, as decreed on May 27, 1971 in Case Nos. 103 through 111, District Court for Water Division 2, for 2.78 cfs for municipal use with a priority date of August 1, 1954. 3. Venetucci Well No. 7. Venetucci Well No. 7 is located in the SW1/4 SE1/4 of Section 11, under Well Permit No. 4869-F, as decreed on December 31, 1973 in Case No. W-568, District Court for Water Division 2, for 2.67 cfs for domestic, municipal and industrial use, with a priority date of December 10, 1963. 4. Venetucci Well No. 8. Venetucci Well No. 8 is located in the SW1/4 SE1/4 of Section 11, under Well Permit No. 4907-F, as decreed on May 27, 1971 in Case Nos. 103 through 111, District Court for Water Division 2, for 2.56 cfs for municipal use with a priority date of December 17, 1963. 5. Venetucci Well No. 1 and Well No. 1 as Enlarged. Venetucci Well No. 1 and Well No. 1 as Enlarged is located in the NE1/4 SW1/4 of Section 11, under Well Permit Nos. 17490-R and 4835-F, respectively, as decreed on May 27, 1971 in Case Nos. 103 through 111, District Court for Water Division 2, for 2.562 cfs and up to 306 annual acre feet for irrigation of 170 acres in combination with Well Nos. 2 and 3, with priority dates of November 1, 1941 for 1.003 cfs and December 3, 1963 for 1.559 cfs. 6. Venetucci Well No. 2 and Well No. 2 as

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Enlarged. Venetucci Well No. 2 and Well No. 2 as Enlarged is located in the NE1/4 SW1/4 of Section 11, under Well Permit Nos. 17490-S and 4915-F, respectively, as decreed on May 27, 1971 in Case Nos. 103 through 111, District Court for Water Division 2, for 2.784 cfs and up to 332 annual acre feet for irrigation of 170 acres in combination with Well Nos. 1 and 3, with priority dates of November 1, 1941 for 1.225 cfs and December 3, 1963 for 1.559 cfs. 7. Venetucci Well No. 3. Venetucci Well No. 3 is located in the SE1/4 NW1/4 of Section 11, under Well Permit No. 17490-T, as decreed on May 27, 1971 in Case Nos. 103 through 111, District Court for Water Division 2, for 1.78 cfs and up to 212 annual acre feet for irrigation of 170 acres in combination with Well Nos. 1 and 2, with a priority date of November 1, 1941. B. Water Rights to Be Used for Augmentation. 1. Fountain Mutual. (a) FMIC Shares. The water rights to be used for supplemental augmentation include 408 shares of Fountain Mutual Irrigation Company (“FMIC”) owned or under contract by Security. Thirty FMIC shares have already been committed to Security’s Plan for Augmentation in Case No. 90CW28, 239 shares have been included within Security’s pending plan for augmentation in Case No. 01CW149, an additional 9 shares have been recently acquired, and 130 shares are under contract to be acquired by Security for a total of the 408 shares to be used in this plan for augmentation. The 408 total shares of FMIC will be collectively used to augment depletions from Security’s municipal well field diversions under Security’s existing and pending plans for Augmentation and this case. FMIC diverts its water to the Fountain Mutual Ditch from Fountain Creek tributary to the Arkansas River, at its headgate located in the SW1/4 of Section 20, Township 14 South, Range 66 West, 6th P.M. FMIC’s water rights were originally decreed for irrigation purposes. Those water rights have been the subject of numerous change actions and plans of augmentation. FMIC water rights are decreed as follows:

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DIRECT FLOW

Fountain Creek Priority No. Priority Date Decree Date Total Decree (cfs)

4 9/21/1861 3/6/1882 9.84 (5.38)1 7 4/1/1862 3/6/1882 1.125 11 2/1/1863 3/6/1882 16.69 17 12/31/1863 3/6/1882 4.25 (2.125)2 21 12/31/1864 3/6/1882 4.65 28 12/31/1866 3/6/1882 8.48 29 12/31/1867 3/6/1882 9.68 41 9/21/1874 3/6/1882 17.05

168 1/31/1903 6/2/1919 343.2 STORAGE

Fountain Creek Priority No. Priority Date Decree Date Total Decree (AF) Fountain 3/18/1903 6/2/1919 10,000 (b) Historical Use. FMIC water rights have been decreed for use in numerous other changes of water rights and plans of augmentation. In those previous cases, this Court has determined that each share of FMIC has historically yielded on the average the equivalent of 0.7 acre foot of net replacement or consumptive use water each year, which number represents a portion of the farm headgate delivery. These findings have been previously established by this Court, without limitation, in the decrees in Case Nos. 90CW28, 95CW3, 90CW7, 99CW146, 00CW152, 02CW63, 02CW112, 04CW55 and 05CW33, District Court for Water Division 2. The replacement or augmentation credit allowed to FMIC water rights, as also determined in prior cases, is a percentage of the FMIC actual delivery to its shareholders computed on the basis of the following table.

1FMIC’s interest in Priority No. 4 is 5.38 cfs. The amount of 1.73 cfs was

changed on application of Security Water District in Case No. 90CW28. In addition to the 5.38 cfs, FMIC claims the right to divert any of the remaining 2.73 cfs decreed to this priority which is not used by the other owners thereof.

2Priority No. 17 is referred to as the Janitell’s right and FMIC has used one-half of the water, or 2.125 cfs, in return for the carriage of the other 2.125 cfs to its owner through the FMIC ditch. By Decree Authorizing Change in Point of Diversion in Civil Action No. 38180, entered July 29, 1959, the point of diversion for this 4.25 cfs of Priority No. 17 of the Laughlin Ditch was changed to the headgate of the Fountain Mutual Ditch.

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FMIC REPLACEMENT CREDIT Replacement Credit as a Percentage

Month of Farm Headgate Delivery

January 47 February 58 March 70 April 70 May 70 June 70 July 72 August 72 September 74 October 66 November 40 December 49

This historic consumptive use of FMIC shares determined in Case No. 95CW3 was affirmed by the Colorado Supreme Court, which findings are binding as a matter of res judicata. Williams v. Midway Ranches Property Owners Association, Inc., 938 P.2d 515 (Colo. 1997). This same historic consumptive use was most recently affirmed in Case Nos. 02CW63, 02CW112, 04CW55 and 05CW33. There have been no material changed circumstances since this last decrees to modify these historical consumptive use determinations. Security requests that the Court find that each FMIC share has historically yielded on the average the equivalent of 0.7 acre foot of net replacement or consumptive use water each year, which number represents a portion of farm headgate delivery. For the 408 FMIC shares, this represents an average consumptive use of 285.6 annual acre feet which may be used for replacement water. The total amount of consumptive use pursuant to the FMIC water rights varies from year to year based upon the amount of water available for diversion under those rights. Therefore, the actual consumptive use available from such shares shall be based on actual in-priority diversions applied to the above monthly replacement credit schedule. Augmentation credit will be limited to a maximum of one acre foot per share per year. As Security relies upon these prior determinations, diversion records and a map are not submitted. 2. Fryingpan-Arkansas Project. (a) Project Water Return Flows. Security is a member of the Fountain Valley Authority (“FVA”) which entity purchases and transports to Security and other FVA members, through the Fountain Valley Conduit, the participants’ allocation of water from the Fryingpan-Arkansas project (“Project Water”) that is managed and operated by the Southeastern Colorado Water Conservancy district (“Southeastern District”). Security’s allocation of Project Water under the FVA is 1,646 annual acre feet and Security has the right to purchase from the Southeastern District the sewered return flows of the Project water after use through its municipal system. Those return flows are used, in part, under Case No. 90CW28, as Applicant’s augmentation for municipal well depletions. Security claims the right to use, reuse, and successively use to extinction the

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Project Water sewered return flows for augmentation hereunder in combination with its existing and pending augmentation plans. The project water rights are described as follows: (i) West Slope Decrees: The Fryingpan-Arkansas project diverts surface water from the headwaters of Hunter Creek and the Fryingpan River and their tributaries in Pitkin County. The principal water rights were adjudicated by the decrees in Civil Action No. 4613 (District Court, Garfield county) dated June 20, 1958, and August 3, 1959; and were modified by the Decree in Case No. W-829-76 (District Court, Water Division 5) dated November 27, 1979; and were supplemented by the Decree in Case No. 83CW352 (District Court, Water division No. 5) dated May 31, 1985. These water rights have an appropriation date of July 29, 1957. Water diverted under these decrees travels under the Continental Divide through Boustead Tunnel, which empties into Turquoise Reservoir. This water may be stored in Turquoise Reservoir, Twin Lakes Reservoir and elsewhere, and applied to beneficial use within Southeastern’s District boundaries. Because the water is imported from another river basin, it is fully consumable in Water Division 2. (ii) East Slope Decrees: The Fryingpan-Arkansas Project also diverts and stores surface water from the Arkansas River and its tributaries in Lake, Chaffee, Fremont and Pueblo Counties. The principal water rights were adjudicated by the decrees in Civil Action No. 5141 (District Court, Chaffee County) dated July 9, 1969; and Civil Action No. B-42135 (District Court, Pueblo County) dated June 25, 1962; and were modified and supplemented by the Decree in Case No. 80CW6 (District Court, Water Division 2), dated October 23, 1980. These water rights include storage in Turquoise Reservoir, Twin Lakes Reservoir, Pueblo Reservoir and elsewhere, with an appropriation date of February 10, 1939, and are expressly decreed for reuse and exchange for beneficial use within Southeastern’s District boundaries. Under these decrees, Turquoise Reservoir and Twin Lakes Reservoir may store native water or imported water, directly or by exchange with each other or with Pueblo Reservoir. The Southeastern District allocates Project Water annually based on its principles, policies, rules and regulations. Any and all use of Project Water and return flows therefrom will be pursuant to and subject to the above-referenced decrees for the Fryingpan-Arkansas Project, and to all lawful rules, regulations, policies, and contract obligations of the Southeastern District. Any decree entered in this case will not give Security any rights to use Fryingpan-Arkansas Project structures, or any rights of ownership or rights to purchase or receive allocations of Project Water or return flows therefrom, but will not alter the existing rights, including allocation rights, held by Security. Security will use Project Water received through the FVA Conduit and return flows therefrom only if, when, and to the extent they have purchased Project Water after it is allocated to them by the Southeastern District. C. Statement of Plan for Augmentation. The Project Water sewered return flows and the consumptive use attributable to Security’s 408 shares of FMIC shall be committed to this plan for augmentation to replace the out-of-priority depletions associated with the diversions from the Venetucci Wells. Security’s sewered Project Water return flows are delivered and measured to Fountain Creek at the outfall of the Security Sanitation District treatment plant located in the NW1/4

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NW1/4, Section 24, Township 15 South, Range 66 West, 6th P.M. Water available under Security’s FMIC shares will be diverted at the headgate of the Fountain Mutual Ditch and released back to Fountain Creek at the Spring Creek Augmentation Station, and Security will contract with FMIC for the use of the augmentation station for these 408 shares. The replacement credits under this plan for FMIC shares will be computed as a percentage of actual FMIC in-priority diversions applied to the above monthly replacement credit schedule. Those replacement credits at the augmentation station will be assessed a transit loss from the augmentation station to the point of depletion based upon the current Fountain Creek Transit Loss Model. Depletions from Security’s municipal wells in the Widefield Aquifer are already calculated under Security’s existing augmentation decree in Case No. 90CW28 on a monthly basis considering the system wide municipal depletion percentages and the lagged depletions from Security’s wells within the Widefield Aquifer. Depletions from the Venetucci Wells are to be determined on the same basis. The release of replacement water from the Project Water sewered return flows and the FMIC water rights will be made to replace those monthly depletions. Security’s pro rata share of water attributable to its FMIC shares may be placed into storage in FMIC’s 10,000 acre feet of decreed storage in Big Johnson Reservoir, together with any excess consumptive use credits from FMIC shares put through the augmentation station. Such storage and use shall be in accordance with FMIC rules and regulations. The water so stored in Big Johnson Reservoir is to be used as augmentation and may be delivered to the Spring Creek augmentation station by means of an intraditch exchange during any month in which Applicant’s deliveries of water under its direct flow rights to the Spring Creek augmentation station may be inadequate. The intraditch exchange from Big Johnson Reservoir to the Spring Creek augmentation station will operate at any time FMIC is diverting water, except when both (a) Big Johnson Reservoir is full, and (b) the date is between November 15 and March 15. This intraditch exchange will operate from Big Johnson Reservoir, which is located in Sections 8, 17 and 18, Township 15 South, Range 65 West, 6th P.M., up the Fountain Mutual Ditch to the location of the Spring Creek augmentation station in the NE1/4 of Section 29, Township 14 South, Range 66 West, 6th P.M. As an alternative to the delivery of water to the Spring Creek augmentation station, if FMIC constructs a new augmentation station on the Fountain Mutual Ditch down gradient from Big Johnson Reservoir, Applicant’s replacements may also be made by releasing water from Big Johnson Reservoir and returning it to Fountain Creek through the new augmentation station, in addition to the intraditch exchange. Such releases can be made at any time to the extent that Applicant owns a pro rata portion of the water stored in big Johnson Reservoir. Security’s FMIC water rights to be changed herein for augmentation purposes will be permanently removed from their historical use for irrigation at such time as these shares are committed to meet depletions under this plan of augmentation. Until so used in existing or pending plans of augmentation, such FMIC shares may continue to be used through the Fountain Mutual Ditch in accordance with the terms of its decrees. Once shares have been dedicated to existing or pending augmentation plans for

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replacement purposes, those shares will not be used for other purposes absent a new water court application. The Fountain Mutual system is a water short system, and the withdrawal of water deliveries under the Fountain Mutual Ditch to lands under the FMIC system results in naturally reduced irrigation and the dry up of property. No dry up covenant for Fountain Mutual lands is therefore required for shares committed to this plan of augmentation. Williams v. Midway Ranches Property Owners Association, Inc., 938 P.2d 515 (Colo. 1997); and Case Nos. 97CW7, 90CW28, 95CW3, 99CW146, and 99CW152. III. Change of Water Rights. Applicant also requests the change of water rights for the Venetucci Wells 4, 5, 7 and 8, as necessary, to change the place of use of the Venetucci Wells to the entirety of Security’s existing boundaries and its future inclusions and service areas. Security’s current boundaries and general future service areas are generally shown, without limitation, on the Exhibit A and defined as lying within Sections 1, 2, 3, 11, 12, 13, 14, and 24, in Township 15 South, Range 66 West and within Sections 6 and 7 in Township 15 South, Range 65 West of the 6th P.M., El Paso County, Colorado. Security also seeks alternate points of diversion for the Venetucci Wells 4, 5, 7, and 8 at Venetucci Wells 1, 2, and 3 and at Security’s existing wells S-2, S-3, S-4, S-7, S-8, S-11, S-12, S-15 and S-16 within Sections 11 and 14 of Township 15 South, Range 66 West, 6th P.M. These existing wells of Security are further described in Exhibit B, and are located within the same reaches of the Widefield Aquifer as the Venetucci Wells, which alternate points of diversion are allowed pursuant to the terms of the Widefield Aquifer Stipulation. All exhibits are available for inspection at the office of the Clerk of the Water Court. The historical use of the combined use of Venetucci wells has been established under the Widefield Aquifer Stipulation as a maximum allotment to Security of 2,253 annual acre feet if the entire Venetucci Well allocation was diverted and used by Security. This maximum diversion amount is based on amounts allowed under the Widefield Aquifer Stipulation with the cessation of all irrigation from Venetucci Wells 1, 2, and 3 by the lessor under the Water Rights Lease, Pikes Peak Community Foundation. These maximum diversions by Security are subject to reduction based on irrigation use reserved to the Pikes Peak Community Foundation, a shared use of the Venetucci wells with co-lessee, Widefield Water and Sanitation District, and also because of sublease obligations owed to the City of Fountain. The Water Rights Sublease with the City of Fountain is recorded at Reception No. 207004948 with the El Paso County Clerk and Recorder. As the Venetucci Wells constitute junior water rights, depletions from all out-of-priority diversions will be fully augmented to Fountain Creek as previously set forth in this Application. In accordance with the terms of the Widefield Aquifer Stipulation, Security intends to formally include the Venetucci Wells water rights within the terms, provisions and obligations of the Widefield Aquifer Stipulation for purposes of the Water Rights Lease and will thereafter comply with the terms, provisions, and diversion limits of said Stipulation as applied to Venetucci Wells. The municipal use of Well S-3 is within the same reach 3 of the Widefield Aquifer as Venetucci Wells 4, 5, 7 and 8 and the decreed ground water rights for Well S-3 are requested to be changed to the points of diversion of Wells S-2, S-4, S-8, S-15 and S-16 within this same reach,

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as those wells are described in Exhibit B. This change of water right for Well S-3 will remain subject to the terms of the Widefield Aquifer Stipulation, there will be no increase in historical diversions from the aquifer as established by the Widefield Aquifer Stipulation, and all out-of-priority depletions will still be augmented under this case. The Well S-3 structure will be abandoned by Security upon approval of this change in point of diversion. IV. Name and Address of Owner of Land Upon Which Structures are Located. The Venetucci Wells are located upon land owned by Pikes Peak Community Foundation, 730 N. Nevada Avenue, Colorado Springs, CO 80903, and the Diocese of Colorado Springs, 228 N. Cascade Avenue, Colorado Springs, CO 80903. Easements are in place from these owners for Security’s use of the Venetucci Wells under the terms of the Water Rights Lease. The Fountain Mutual Ditch headgate and Spring Creek Augmentation Station are located upon land or easements owned by FMIC. V. Terms and Conditions. Security proposes the following additional terms and conditions to prevent injury to other vested water rights by this plan for augmentation and change of water right: A. Totalizing flow meters will be maintained on all of Venetucci Wells to allow accurate monitoring and administration of this augmentation plan. B. Monthly accountings shall be made to the Division Engineer demonstrating compliance with this plan for each well, including diversions for each well, total stream deletions, available augmentation water credit and also any intraditch exchange and release of storage water under Security’s FMIC shares. C. Security shall measure and account for its entitlement under its FMIC shares through use of the FMIC Spring Creek augmentation station. D. Only that amount of water actually available and attributable to Security’s 408 shares of FMIC stock will be made available for purposes of this augmentation plan and Security’s other and existing plans for augmentation using FMIC shares. E. The Division Engineer will assess appropriate transit losses to the point of depletion. F. Security will curtail its well diversions if the augmentation water available under this augmentation plan is not sufficient to fully augment the depletions from its municipal wells. ------------------------------------------------------------------------------------------------------------ CASE NO. 07CW52 (Water Division 2) and CASE NO. 07CW113 (Water Division 1) – DEAN AND KRISTI COUTURE, 3365 Needles Drive, Colorado Springs, CO 80908 (Scott M. Huyler, Petrock & Fendel, P.C., Attorneys for Applicants, 700 Seventeenth Street, Suite 1800, Denver, CO 80202; 303-534-0702) Application for Change of Water Rights and Approval of Plan for Augmentation EL PASO COUNTY REQUEST FOR APPROVAL OF CHANGE OF WATER RIGHTS 2. Description of requested changes: A. Case No. 94CW198, District Court, Water Division 1, as decreed on March 18, 1996, and Consolidated Case Nos. 00CW60, District Court, Water Division 2, and 00CW094, District Court, Water Division 1, as decreed on November 5, 2001. The land associated with Case No. 94CW198 is approximately 26.2 acres and the land associated with Consolidated Case Nos. 00CW60 and 00CW094 is approximately 40 acres of land. The total 66.2 acres is owned by Applicants and is generally located in part

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of the S1/2 of Section 22, T11S, R66W of the 6th P.M., as shown on Attachment A to the Application. All exhibits mentioned herein are incorporated by reference and may be inspected at the office of the Clerk of this Court. Said parcels are contiguous and the land and water decreed in the cases are owned by Applicants. The decreed annual amounts of water in acre-feet are as follows: Case No. 94CW198 Case Nos. 00CW60 and 00CW094 Dawson: 23.4 (NNT) Dawson: 30.0 (NNT) Denver: 25.1 (NNT) Denver: 33.8 (NNT) Arapahoe: 10.7 (NT) Arapahoe: 16.1 (NT) Laramie-Fox Hills: 7.9 (NT) Laramie-Fox Hills: 11.9 (NT) Applicants request that the decreed amounts in Case No. 94CW198 be withdrawn in combination with the decreed amounts in the same aquifers as decreed in Consolidated Case Nos. 00CW60 and 00CW094, through wells to be located on the land which is the subject of either decree, at rates of flow which may be necessary to withdraw the entire combined annual amounts efficiently. B. In Consolidated Case Nos. 00CW60 and 00CW094, an augmentation plan was approved which allowed withdrawal of 8.8 acre-feet per year for 300 years (2640 acre-feet total) of not nontributary Dawson aquifer groundwater, for use through up to 16 individual wells. Each well is decreed to allow withdrawal and use 0.55 acre-feet per year for inhouse use (0.3 acre-feet), irrigation of 3500 square-feet (0.2 acre-feet), and stockwatering of 4 large domestic animals (0.05 acre-feet). In Case No. 94CW198, and augmentation plan was approved which allowed withdrawal of 17 acre-feet per year for 100 years of not nontributary Dawson aquifer groundwater through 17 individual wells (one acre-foot per well). By this application, Applicant requests that 3.3 acre-feet per year and 990 acre-feet total of the 17 acre-feet per year approved for withdrawal in Case No. 98CW198 be changed to be withdrawn in combination with the 8.8 acre-feet decreed in the augmentation plan in Consolidated Case Nos. 00CW60 and 00CW094 for the same use per well over a 300 year pumping period. The total amount to be withdrawn is 12.1 acre-feet per year for a 300 year period (3630 acre-feet total) through up to 22 individual wells (0.55 acre-feet per well) for the same uses previously decreed in Consolidated Case Nos. 00CW60 and 00CW094. Operation of the combined augmentation plan will be pursuant to the terms and conditions of the decree in Consolidated Case Nos. 00CW60 and 00CW094. A total of 3630 acre-feet total of nontributary groundwater underlying the Subject Property as decreed in Case No. 98CW198 and Consolidated Case Nos. 00CW60 and 00CW094 will be reserved for replacement of post-pumping depletions associated with this requested change. The remaining 7.1 acre-feet per year originally decreed to be withdrawn in Case No. 94CW198 will be used over a 300 year period for additional uses in the augmentation plan requested below. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION 3. Groundwater to be augmented: 3.4 acre-feet per year of not nontributary Dawson aquifer groundwater to be withdrawn over a 300 year pumping period as decreed in Case No. 94CW198 and Consolidated Case Nos. 00CW60 and 00CW094. Applicant requests that the water to be withdrawn under this new plan be operated in combination with and in conjunction with the terms and

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conditions of Consolidated Case Nos. 00CW60 and 00CW094. A. 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 aquifer groundwater as previously decreed in this court in the decrees described above. B. Statement of plan for augmentation: By this application, one acre-foot per year for 300 years will be used through one individual well to serve one residence for inhouse use (0.3 acre-feet), irrigation of up to 10,500 square-feet of irrigated area (0.6 acre-feet), and stockwatering of eight large domestic animals (0.1 acre-feet), and 2.4 acre-feet per year for 300 years will be withdrawn through one or more individual wells for storage purposes. The residence will utilize a non-evaporative septic system. Consumptive use associated with inhouse use will be approximately 10% of water used and it is estimated that approximately 10% of water used for irrigation will be returned to the stream system. Stockwatering and storage use will be considered to be 100% consumed. C. During pumping Applicants will replace actual depletions to the affected stream systems pursuant to Section 37-90-137(9)(c), C.R.S. Because depletions may occur to stream systems in Water Divisions 1 and 2, this application is being filed in both divisions. Return flows from use of the water on the Subject Property may return to the South Platte stream system and the Arkansas stream system and such return flows are sufficient to replace the required amount of replacement. If not, Applicants request that the total actual amount of depletion to all stream systems be returned to the South Platte River stream system and for a finding that those replacements are sufficient. Excess return flows generated by use of Dawson water in the original augmentation plans may be claimed to offset depletions under this augmentation plan if necessary. Applicants will reserve an equal amount of nontributary groundwater as decreed in Case No. 94CW198 and Consolidated Case Nos. 00CW60 and 00CW094 to meet post pumping augmentation requirements, but reserve the right to substitute the use of other nontributary groundwater underlying the other land, including return flows, for replacement of post-pumping depletions at such time that post-pumping depletions may begin. ------------------------------------------------------------------------------------------------------------ CASE NO. 07CW53 (Water Division 2) and CASE NO. 07CW115 (Water Division 1) – KING’S DEER DEVELOPMENT, LLC, 2790 N. Academy, #350, Colorado Springs, CO 80917 (Scott M. Huyler, Petrock & Fedel, P.C., Attorneys for Applicant, 700 Seventeenth Street, Suite 1800, Denver, CO 80202; 303-534-0702) Application for Approval of Plan for Augmentation EL PASO COUNTY 2. Description of plan for augmentation: A.Groundwater to be augmented: 13 acre-feet per year of not nontributary Dawson aquifer groundwater to be withdrawn over a 300 year pumping period as decreed in Consolidated Case Nos. 94CW49(A) and (B), Water Division 2, and 94CW144(A) and (B), District Court, Water Division 1. The land which is the subject of the decree is approximately 1436 acres located in Sections 4, 5, 8, 9, and 17, T11S, R66W of the 6th P.M., as shown on Attachment A to the Application (Subject Property).

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All exhibits mentioned herein are incorporated by reference and may be inspected at the office of the Clerk of this Court. B. Water rights to be used for augmentation: Return flows from the use of not nontributary Dawson aquifer water and return flows and direct discharge of nontributary groundwater as decreed Case No. 85CW230, District Court, Water Division 1. C. Statement of plan for augmentation: The 13 acre-feet per year will be used to serve 31 residential lots on the Subject Property for 300 years, through individual wells which will withdraw at rates of flow of 15 gpm. Each well will withdraw and use 0.419 acre-feet annually for inhouse use (0.27 acre-feet) and irrigation of 3000 square-feet of home lawn and garden (0.149 acre-feet). Applicant reserves the right to revise the number of lots to be served and the referenced demand without the need of revising or republishing this application. Each lot will utilize a non-evaporative septic system. Consumptive use associated with inhouse use will be approximately 10% of water used and it is estimated that approximately 10% of water used for irrigation will be returned to the stream system. Applicant requests that this plan for augmentation be operated in combination with an augmentation plan previously approved for withdrawal of the same type of groundwater in the decrees described in paragraph 2.A. D. During pumping Applicant will replace actual depletions to the affected stream systems pursuant to Section 37-90-137(9)(c), C.R.S. Because depletions may occur to stream systems in Water Divisions 1 and 2, this application is being filed in both divisions. Return flows from use of the water on the Subject Property may return to the South Platte River stream system and the Arkansas River stream system and such return flows are sufficient to replace the required amount of replacement. If not, Applicant requests that the total actual amount of depletion to all stream systems be returned to the South Platte River stream system and for a finding that those replacements are sufficient. In the alternative, Applicant or successors in interest will begin replacement of depletions to the Arkansas River stream system by utilizing nontributary Denver aquifer groundwater at the time that actual depletions begin to that system, in conjunction with an augmentation plan in the decrees described in paragraph 2.A. Applicant will reserve an adequate amount of the nontributary groundwater underlying the land to meet post pumping augmentation requirements. ------------------------------------------------------------------------------------------------------------ CASE NO. 07CW54 - WIDEFIELD WATER AND SANITATION DISTRICT c/o Steve Wilson, 37 Widefield Blvd., Colorado Springs, CO 80911 (M. E. MacDougall, MacDougall, Woldridge & Worley, PC, Attorneys for Applicant, 530 Communication Circle, Suite 204, Colorado Springs, CO 80905; 719-520-9288) Application for Plan for Augmentation and Change of Water Rights (Change of Place of Use and Alternate Points of Diversion) EL PASO COUNTY A. Structures to be Augmented. The structures to be augmented are the Venetucci Wells leased by Widefield under the terms of the December 15, 2006 Water Rights Lease between Pikes Peak Community Foundation, as lessor, and Security Water District and Widefield Water and Sanitation District, as lessees, all of which wells are located in Township 15 South, Range 66 West, 6th P.M., El

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Paso County, Colorado, and described as follows: 1. Venetucci Well No. 4. Venetucci Well No. 4 is located in the SE1/4 SW1/4 of Section 11, under Well Permit No. 18664-R, as decreed on May 27, 1971 in Case Nos. 103 through 111, District Court for Water Division 2, for 2.78 cfs for municipal use with a priority date of August 1, 1954. 2. Venetucci Well No. 5. Venetucci Well No. 5 is located in the SE1/4 SW1/4 of Section 11, under Well Permit No. 17490-U, as decreed on May 27, 1971 in Case Nos. 103 through 111, District Court for Water Division 2, for 2.78 cfs for municipal use with a priority date of August 1, 1954. 3. Venetucci Well No. 7. Venetucci Well No. 7 is located in the SW1/4 SE1/4 of Section 11, under Well Permit No. 4869-F, as decreed on December 31, 1973 in Case No. W-568, District Court for Water Division 2, for 2.67 cfs for domestic, municipal and industrial use, with a priority date of December 10, 1963. 4. Venetucci Well No. 8. Venetucci Well No. 8 is located in the SW1/4 SE1/4 of Section 11, under Well Permit No. 4907-F, as decreed on May 27, 1971 in Case Nos. 103 through 111, District Court for Water Division 2, for 2.56 cfs for municipal use with a priority date of December 17, 1963. 5. Venetucci Well No. 1 and Well No. 1 as Enlarged. Venetucci Well No. 1 and Well No. 1 as Enlarged is located in the NE1/4 SW1/4 of Section 11, under Well Permit Nos. 17490-R and 4835-F, respectively, as decreed on May 27, 1971 in Case Nos. 103 through 111, District Court for Water Division 2, for 2.562 cfs and up to 306 annual acre feet for irrigation of 170 acres in combination with Well Nos. 2 and 3, with priority dates of November 1, 1941 for 1.003 cfs and December 3, 1963 for 1.559 cfs. 6. Venetucci Well No. 2 and Well No. 2 as Enlarged. Venetucci Well No. 2 and Well No. 2 as Enlarged is located in the NE1/4 SW1/4 of Section 11, under Well Permit Nos. 17490-S and 4915-F, respectively, as decreed on May 27, 1971 in Case Nos. 103 through 111, District Court for Water Division 2, for 2.784 cfs and up to 332 annual acre feet for irrigation of 170 acres in combination with Well Nos. 1 and 3, with priority dates of November 1, 1941 for 1.225 cfs and December 3, 1963 for 1.559 cfs. 7. Venetucci Well No. 3. Venetucci Well No. 3 is located in the SE1/4 NW1/4 of Section 11, under Well Permit No. 17490-T, as decreed on May 27, 1971 in Case Nos. 103 through 111, District Court for Water Division 2, for 1.78 cfs and up to 212 annual acre feet for irrigation of 170 acres in combination with Well Nos. 1 and 2, with a priority date of November 1, 1941. B. Water Rights to Be Used for Augmentation. 1. Fountain Mutual. (a) FMIC Shares. The water rights to be used for augmentation include shares of Fountain Mutual Irrigation Company (“FMIC”) owned by Water Resource Development Company (“WRDC”) and leased to Widefield. The WRDC FMIC shares have already been committed to Widefield’s Plans for Augmentation in Case Nos. 81CW229, 86CW116, and 02CW039. Said 571 shares of FMIC will be collectively used to augment depletions from Widefield’s municipal well field diversions under Widefield’s existing plans for Augmentation and this case. FMIC diverts its water to the Fountain Mutual Ditch from Fountain Creek tributary to the Arkansas River, at its headgate located in the SW1/4 of Section 20, Township 14 South, Range 66 West, 6th P.M. FMIC’s water rights were originally decreed for irrigation purposes. Those water rights have been the subject of

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numerous change actions and plans of augmentation. FMIC water rights are decreed as follows:

DIRECT FLOW Fountain Creek Priority No. Priority Date Decree Date Total Decree (cfs) 4 9/21/1861 3/6/1882 9.84 (5.38) 7 4/1/1862 3/6/1882 1.125 11 2/1/1863 3/6/1882 16.69 17 12/31/1863 3/6/1882 4.25 (2.125) 21 12/31/1864 3/6/1882 4.65 28 12/31/1866 3/6/1882 8.48 29 12/31/1867 3/6/1882 9.68 41 9/21/1874 3/6/1882 17.05 168 1/31/1903 6/2/1919 343.2

STORAGE Fountain Creek Priority No. Priority Date Decree Date Total Decree (AF) Fountain 3/18/1903 6/2/1919 10,000 2. Fryingpan-Arkansas Project and Colorado Springs Return Flows. Widefield is a member of the Fountain Valley Authority (“FVA”) which entity purchases and transports to Widefield and other FVA members, through the Fountain Valley Conduit, the participants’ allocation of water from the Fryingpan-Arkansas Project (“Project Water”) that is managed and operated by the Southeastern Colorado Water Conservancy District (“Southeastern District”). Widefield’s regular annual Project Water allocation has usually been 1,500 acre feet. (a) Project Water Sewered Return Flows. Widefield has the right to purchase from the Southeastern District the sewered return flows of Widefield’s Project water after use through its municipal system. Those return flows are used, in part, under Case Nos. 81CW229, 86CW116, and 02CW039, as Applicant’s augmentation for municipal well depletions. Widefield claims the right to use, reuse, and successively use to extinction the Project Water sewered return flows for augmentation hereunder in combination with its existing and pending augmentation plans. The project water rights are described as follows: (i) West Slope Decrees: The Fryingpan-Arkansas Project diverts surface water from the headwaters of Hunter Creek and the Fryingpan River and their tributaries in Pitkin County. The principal water rights were adjudicated by the decrees in Civil Action No. 4613 (District Court, Garfield County) dated June 20, 1958, and August 3, 1959; and were modified by the Decree in Case No. W-829-76 (District Court, Water Division 5) dated November 27, 1979; and were supplemented by the Decree in Case No. 83CW352 (District Court, Water Division No. 5) dated May 31, 1985. These water rights have an appropriation date of July 29, 1957. Water diverted under these decrees travels under the Continental Divide through Boustead Tunnel, which empties into Turquoise Reservoir. This water may be stored in Turquoise Reservoir, Twin Lakes Reservoir and elsewhere, and applied to beneficial use within Southeastern’s District boundaries. Because the water is

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imported from another river basin, it is fully consumable in Water Division 2. (ii) East Slope Decrees: The Fryingpan-Arkansas Project also diverts and stores surface water from the Arkansas River and its tributaries in Lake, Chaffee, Fremont and Pueblo Counties. The principal water rights were adjudicated by the decrees in Civil Action No. 5141 (District Court, Chaffee County) dated July 9, 1969; and Civil Action No. B-42135 (District Court, Pueblo County) dated June 25, 1962; and were modified and supplemented by the Decree in Case No. 80CW6 (District Court, Water Division 2), dated October 23, 1980. These water rights include storage in Turquoise Reservoir, Twin Lakes Reservoir, Pueblo Reservoir and elsewhere, with an appropriation date of February 10, 1939, and are expressly decreed for reuse and exchange for beneficial use within Southeastern’s District boundaries. Under these decrees, Turquoise Reservoir and Twin Lakes Reservoir may store native water or imported water, directly or by exchange with each other or with Pueblo Reservoir. The Southeastern District allocates Project Water annually based on its principles, policies, rules and regulations. Any and all use of Project Water and return flows therefrom will be pursuant to and subject to the above-referenced decrees for the Fryingpan-Arkansas Project, and to all lawful rules, regulations, policies, and contract obligations of the Southeastern District. Any decree entered in this case will not give Widefield any rights to use Fryingpan-Arkansas Project structures, or any rights of ownership or rights to purchase or receive allocations of Project Water or return flows therefrom, but will not alter the existing rights, including allocation rights, held by Widefield. Widefield will use Project Water received through the FVA Conduit and return flows therefrom only if, when, and to the extent they have purchased Project Water after it is allocated to them by the Southeastern District. (b) Colorado Springs Return Flows. Widefield has a contractual right to purchase up to 1021 acre feet per year of fully consumable water from any source available to Colorado Springs. (c) Total Augmentation Water. The annual augmentation water presently adjudicated and available to Widefield is estimated to be 2,321 acre-feet, including about 400 acre feet from FMIC, about 900 acre-feet from Widefield’s Project Water sewered return flows, and about 1021 acre-feet from Colorado Springs. C. Statement of Plan for Augmentation. Widefield’s Project Water return flows, Widefield’s Colorado Springs return flows, and the consumptive use attributable to WRDC’s shares of FMIC leased to Widefield shall be committed to this plan for augmentation together with Cases 81CW229, 86CW116, and 02CW039 to replace the out-of-priority depletions associated with Widefield’s diversions from the Venetucci Wells. Widefield’s sewered return flows are delivered and measured to Fountain Creek at the outfall of the Widefield treatment plant located in the NE1/4 Section 25, Township 15 South, Range 64 West, 6th PM and/or the outfall of the Fountain Sanitation District treatment plant located in the NW1/4, Section 17, Township 16 South, Range 65 West, 6th P.M. Water available under WRDC FMIC shares will be diverted at the headgate of the Fountain Mutual Ditch and released back to Fountain Creek at the Crews Gulch Augmentation Station, and Widefield has a contract with FMIC for the use of the augmentation station. Widefield’s Colorado Springs return flows are presently delivered and measured to Fountain Creek at

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several points controlled by Colorado Springs, including, but not limited to the Las Vegas Street treatment plant located in the SW1/4 Section 20, Township 14 South, Range 66 West, 6th PM. Depletions from Widefield’s municipal wells in the Widefield Aquifer are already calculated under Widefield’s existing augmentation decree in Case Nos. 81CW228, 86CW116, and 02CW039 on a monthly basis considering the system wide municipal depletion percentages and the lagged depletions from Widefield’s wells within the Widefield Aquifer. Depletions from the Venetucci Wells are to be determined on the same basis. The release of replacement water from the Project Water return flows, the FMIC water rights, and Widefield’s Colorado Springs return flows will be made to replace those monthly depletions. Widefield’s pro rata share of water attributable to its FMIC shares may be placed into storage in FMIC’s 10,000 acre feet of decreed storage in Big Johnson Reservoir, together with any excess consumptive use credits from FMIC shares put through the augmentation station. Such storage and use shall be in accordance with FMIC rules and regulations. The water so stored in Big Johnson Reservoir to be used for augmentation may be delivered down the ditch to the Crews Gulch augmentation station. As an alternative to the delivery of water to the Crews Gulch augmentation station, if FMIC constructs a new augmentation station on the Fountain Mutual Ditch down gradient from Big Johnson Reservoir, Applicant’s replacements may also be made by releasing water from Big Johnson Reservoir and returning it to Fountain Creek through the new augmentation station, in addition to Crews Gulch. Such releases can be made at any time to the extent that Applicant owns a pro rata portion of the water stored in Big Johnson Reservoir. III. Change of Water Rights. Applicant also requests a change of water rights for the Venetucci Wells 4, 5, 7 and 8, to change the place of use of the Venetucci Wells to the entirety of Widefield’s existing boundaries and its future inclusions and service areas. Widefield’s current boundaries and general future service areas are generally shown, without limitation, on Exhibit W (a copy of which is attached to this Application and may be viewed at the office of the Clerk of the Water Court) and defined as lying within Sections 13, 24 and 25, in Township 15 South, Range 66 West and within Sections 1, 2, 11, 12, 13, 14, 15, 19, 20, 21, 22, 23, 24, 27, 28 and 29 in Township 15 South, Range 65 West of the 6th P.M., El Paso County, Colorado. Widefield also seeks alternate points of diversion for the Venetucci Wells 4, 5, 7, and 8 at Venetucci Wells 1, 2, and 3, described above. The historical use of the combined use of Venetucci wells has been established under the Widefield Aquifer Stipulation as a maximum allotment to Widefield of 2253 annual acre-feet if the entire Venetucci Well allocation was diverted and used by Widefield on areas that overlie the Widefield Aquifer. This maximum diversion amount is based on amounts allowed under the Widefield Aquifer Stipulation with the cessation of all irrigation from Venetucci Wells 1, 2, and 3 by the lessor under the Water Rights Lease, Pikes Peak Community Foundation. These maximum diversions by Widefield are subject to reduction based on irrigation use reserved to the Pikes Peak Community Foundation, a shared use of the Venetucci wells with co-lessee, Security Water District, and also because of sublease obligations owed to the City of Fountain. As the Venetucci Wells constitute junior water

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rights, depletions from all out-of-priority diversions by Widefield will be fully augmented to Fountain Creek as previously set forth in this Application. In accordance with the terms of the Widefield Aquifer Stipulation, Widefield intends to formally include the Venetucci Wells water rights within the terms, provisions and obligations of the Widefield Aquifer Stipulation for purposes of the Water Rights Lease and will thereafter comply with the terms, provisions, and diversion limits of said Stipulation as applied to Venetucci Wells. IV. Name and Address of Owner of Land Upon Which Structures are Located. The Venetucci Wells are located upon land owned by Pikes Peak Community Foundation, 730 N. Nevada Avenue, Colorado Springs, CO 80903, and the Diocese of Colorado Springs, 228 N. Cascade Avenue, Colorado Springs, CO 80903. Easements are in place from these owners for Widefield’s use of the Venetucci Wells under the terms of the Water Rights Lease. The Fountain Mutual Ditch headgate and Crews Gulch Augmentation Station are located upon land or easements owned by FMIC. V. Terms and Conditions. Widefield proposes the following additional terms and conditions to prevent injury to other vested water rights by this plan for augmentation and change of water right: A. Totalizing flow meters will be maintained on all of Venetucci Wells to allow accurate monitoring and administration of this augmentation plan. B. Monthly accountings shall be made to the Division Engineer demonstrating compliance with this plan for each well, including diversions for each well, total stream deletions, available augmentation water credit and also any intraditch exchange and release of storage water under Widefield’s FMIC shares. C. Widefield shall measure and account for its entitlement under its FMIC shares through use of the FMIC Crews Gulch augmentation station. D. Only that amount of water actually available and attributable to WRDC’s 571 shares of FMIC stock leased to Widefield will be made available for purposes of this augmentation plan and Widefield’s other and existing plans for augmentation using FMIC shares. E. The Division Engineer will assess appropriate transit losses to the point of depletion. F. Widefield will curtail its well diversions if the augmentation water available under this augmentation plan is not sufficient to fully augment the depletions from its municipal wells. ------------------------------------------------------------------------------------------------------------ CASE NO. 07CW55 – RICARDO AND LYNETTE GALLEGOS, 4665 Carefree Trail, Parker, CO 80134 (Scott M. Huyler, Petrock & Fendel, P.C., Attorneys for Applicants, 700 Seventeenth Street, Suite 1800, Denver, CO 80202; 303-534-0702) Application for Underground Water Rights from Not Nontributary Sources, in the Not Nontributary Laramie-Fox Hills Aquifer 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 406 acres of land located in the N1/2 and the N1/2SE1/4 of Section 19, T13S, R59W of the 6th P.M., as shown on Attachment A to the Application. All exhibits mentioned herein are incorporated by reference and may be inspected at the office of the Clerk of this

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Court. 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 Laramie-Fox Hills aquifer underlying the Subject Property is not nontributary as described in Section 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. 5. Estimated Amounts: The estimated average annual amount of withdrawal available from the Laramie-Fox Hills aquifer is based on the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicant estimates that based on a saturated thickness of 185 feet, there is approximately 112 acre-feet per year of Laramie-Fox Hills aquifers underlying the Subject Property. Applicants will reserve part of the Laramie-Fox Hills aquifer water which may be available for use through exempt wells pursuant to Section 37-92-602, C.R.S. 6. Well Fields: Applicant requests that this Court determine that Applicants have the right to withdraw the legally available groundwater lying below the Subject Property, through wells and additional wells which may be completed in the future as Applicants' well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: The water will be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: domestic, industrial, commercial, irrigation, livestock watering, recreational, and fish and wildlife. Said water will be produced for immediate application to said uses, both on and off the Subject Property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7., B. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers, 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. ------------------------------------------------------------------------------------------------------------ CASE NO. 07CW56 – AIMEE R. JAYNES LIVING TRUST, c/o Kenneth H. Jaynes, 201 8th Street, Glenwood Springs, CO 81601 and JOHN R. JAYNES, 8225 Poco Road, Colorado Springs, CO 80908 (David C. Hallford and Scott A. Grosscup, Balcomb & Green, P.C., Attorneys for Applicants, Post Office Drawer 790, Glenwood Springs, CO 81602; 970-945-6546). Please direct all pleadings, correspondence and other information or communication to Applicants’ attorneys. Application to Quantify Underground Nontributary and Not Nontributary Water Rights EL PASO COUNTY, COLORADO Applicants seek to adjudicate all the ground water in the Denver Basin Aquifers underlying Applicants’ property. Applicants own approx. 135 acres generally described as portions of Sec. 28 and 33, T. 12 S., R. 65 West of the 6th P.M., and shown on a map attached as Exhibit A on file with the Water Court. While some

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of the water underlying Applicants’ Property is classified as not nontributary and requires replacement to the affected stream pursuant to a decreed plan for aug., no such diversions or plan for aug. is sought by this application. Well Permits: Well permit applications may be applied for at a later time pursuant to the terms of the decree entered in this case. Applicants request the right to construct wells anywhere on the Applicants’ Property in order to recover the entire amount of ground water found to be available in each aquifer. Source and Amts. of Water: There are four aquifers located beneath Applicants’ property; Dawson, Denver, Arapahoe, and the Laramie-Fox Hills. Ground water from the Dawson and Denver aquifers is classified as not nontrib. and ground water from the Arapahoe and Laramie-Fox Hills aquifers is classified as nontrib. Date of Initiation of Approp.: Not applicable. Right to Ground Water Claimed: Applicants seek a decree for all ground water determined to be available from each aquifer named above underlying the 135 acres of land described above based upon a statutory aquifer life of one hundred years. Withdrawals in the average amounts determined to be available from each named aquifer can be made pursuant to section 37-90-137(4), C.R.S. (2006), without causing material injury to the vested rights of others, provided that withdrawals of not nontributary ground water may be made only pursuant to a judicially approved plan for augmentation of stream depletions caused by such withdrawals. Applicants have excluded 12.0 acre-feet of the average annual amount of withdrawal determined available from the not nontributary Dawson aquifer underlying the 135 acres of land described above. The 12.0 acre-feet per year of ground water shall be available for withdrawal and use through exempt wells located on or to be located on Applicants’ property and limited to an annual maximum withdrawal of 3.0 acre-feet per year per exempt well permit. Quantification of Available Water: The estimated average annual amounts of withdrawal available from each aquifer are as follows: Aquifer Area

in Acres

Avg. Saturated Thickness

Yield Status Avg. Annual Amount

Excluded Amount

Total Amount Claimed AF/Year

Dawson 135 170.9 0.20 NNT 46.1 AF 12 AF 34.1 AF

Denver (4% relinquishment)

120.82 301.6 0.17 NNT 61.9 AF N/A 61.9 AF

Denver (actual replacement)

14.18 304.0 0.17 NNT 7.3 AF N/A 7.3 AF

Arapahoe 135 252.9 0.17 NT 58.0 AF N/A 58.0 AF

Laramie-Fox Hills

135 190.0 0.15 NT 38.5 AF N/A 38.5 AF

Dawson Aquifer. Ground water available from the Dawson aquifer is below the entire property. Withdrawals from the aquifer will require an approved plan for augmentation. Denver Aquifer. Ground water available from the Denver aquifer is below the entire property. Withdrawals from the Denver aquifer will require an

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approved plan for aug. Approx. 120.82 acres of the Property overlies that portion of the Denver aquifer that requires (4%) of the annual amt. pumped to be relinquished to the stream. Approx. 14.18 acres of the Property overlies that portion of the Denver aquifer that requires replacement of actual depletions. Arapahoe Aquifer. Ground water from the Arapahoe aquifer is below the entire Property. Pursuant to the State Engineer’s Rules and Regulations, only 98 percent of the water to be withdrawn will be consumed. Laramie-Fox Hills Aquifer. Ground water from the Laramie- Fox Hills aquifer is below the entire Property. Pursuant to the State Engineer’s Rules and Regulations, only 98 percent of the water to be withdrawn will be consumed. Applicants request the right to withdraw all of the legally available ground water in the subject aquifers underlying Applicants’ Property through any wells initially permitted in such aquifer and any additional wells which may in the future become part of the Applicants’ well field. As additional wells are constructed, well permit applications will be filed in accordance with § 37-90-137(10), C.R.S. This Application seeks to require the State Engineer to issue well permits based on the full acreage of the property described in this Application. Withdrawal: Applicants requests the right to withdraw more than the average annual amount estimated above pursuant to Rule 8A of the Statewide Nontributary Groundwater Rules (2 C.C.R. 402-7). Uses: The water quantified herein shall be used, reused, leased, sold, or otherwise used to extinction for: dom., irr., com., ag., mun. (if sold to a municipality), stock watering, rec., pisc., wildlife, fire protection or other beneficial purposes and for exchange or aug. of such uses upon or off Applicants’ property. --------------------------------------------------------------------------------------------------------- CASE NO. 07CW57 – KELLY RANCH, a Colorado general partnership, c/o Bryce Kelly, P. O. Box 606, Buena Vista, CO 81211 (Steven T. Monson, Felt, Monson & Culichia, LLC, Attorneys for Applicant, 319 North Weber Street, Colorado Springs, CO 80903; 719-471-1212) Application for Modification of Decree CHAFFEE COUNTY II. Modification of Decree. A. Existing Decree. In Case No. 4039 of District Court for Water Division 2, the Applicant, Kelly Ranch, obtained a change of water right and plan for augmentation using the Applicant’s interest in the Cottonwood Maxwell Ditch for purposes of augmentation water to replace depletion from wells for up to 260 in-house residences in Quail Ridge Subdivision near Buena Vista, Colorado (“Augmentation Plan”). The water right committed to the Augmentation Plan was 1.7 cfs of Kelly Ranch’s ownership in the Cottonwood Maxwell Ditch diverted from Cottonwood Creek, tributary to the Arkansas River, as decreed June 19, 1890 by the District Court of Chaffee County, for a total amount of 13.0 cfs with an appropriation date of May 31, 1874. As part of the Augmentation Plan, over time 79.6 acres of historically irrigated property on the Kelly Ranch were to be dried up, which ranch is located within Sections 29-32 of Township 14 South, Range 78 West, 6th P.M. The total dry up would result in 107.4 acre feet of historic consumptive use replacement water from the Cottonwood Maxwell Ditch. Kelly Ranch is also to provide over time for

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storage of a portion of the historic consumptive use for later release as augmentation water in the nonirrigation season. The replacement water rights, storage, and dry up land was conveyed by Kelly Ranch to Domestic Water Development Corporation (“Trustee”) for purposes of the administration of the Augmentation Plan as directed by the Water Court in the Augmentation Plan. B. Return Flows. Case No. 4039 was one of the first plans for augmentation through the Water Court system under the 1969 Act. As Augmentation Plan terms and conditions were just in the process of being recognized and implemented by the Water Court, the Court was not yet convinced that the septic system return flows would accrue back to the stream system and the Water Court did not at that time allow for any septic system return flows from the Quail Ridge Subdivision. Well diversions were, therefore, considered under the Augmentation Plan as 100 percent depletive. In addition, the Water Court determined that the total diversions for in-house use in the 260 residences at Quail Ridge Subdivision was 101.9 annual acre feet or 0.39 annual acre feet per residence. The Augmentation Plan provides that after 40 homes have been built in the Quail Ridge Subdivision, that Kelly Ranch may apply for a modification of the Augmentation Plan decree and request the Court to determine that under the plan the amount of replacement water provided exceeds the amount of replacement water required to prevent material injury from the decreed use at the Quail Ridge Subdivision. The Augmentation Plan further provides that if the Water Court so determines it shall modify the decree accordingly and any excess replacement water rights, reservoir capacity, and dry up land may be removed from the Augmentation Plan and reconveyed by the Trustee to Kelly Ranch. C. Modification Requested. The investigations by Kelly Ranch’s engineer and hydrogeologist has determined that at least 90 percent of the well diversions by Quail Ridge Subdivision return to the same ground water system as the wells by means of the nonevaporative septic systems that are required in place at the Quail Ridge Subdivision. Well diversions for Quail Ridge Subdivision are, therefore, actually only 10 percent depletive to the tributary aquifer. As a result, Kelly Ranch and the Trustee need to only supply approximately 10 percent of the replacement water originally required by the Augmentation Plan decree. The actual diversion records for Quail Ridge Subdivision demonstrate that total diversions for the 91 households presently in place have been 0.16 annual acre feet per residence. Adequate replacement water will therefore be provided under the Augmentation Plan assuming a conservative in-house use of 0.3 annual acre feet, plus a 10 percent safety factor, for an allocation of one-third of an annual acre foot per residence for in-house use diversions at Quail Ridge Subdivision under the Augmentation Plan. Kelly Ranch requests that the Water Court modify the July 18, 1977 Augmentation Plan decree and provide that septic system return flows of 90 percent of well diversions are returned to the ground water system with well diversions therefore being 10 percent depletive, and that in-house diversions be determined to be 0.33 annual acre feet per residence. As a result, replacement water now needed under the Augmentation Plan is 18.3 annual acre feet, including depletions for household use, reservoir evaporation and storage which exceeds the 107.4 annual acre feet of replacement water

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provided under the Augmentation Plan. Kelly Ranch requests that excess consumptive use water be withdrawn from the Augmentation Plan, and that a corresponding amount of approximately 1.53 cfs of the Cottonwood Maxwell Ditch water rights, 65.6 historic dry up acres, and a proportional amount of storage space be withdrawn from the Augmentation Plan and returned by the Trustee to Kelly Ranch. Applicant further requests that it be allowed to divert the reclaimed water right in the Cottonwood Maxwell Ditch for the reirrigation on the Kelly Ranch property acreage equivalent to the number of acres reclaimed from the dry up, all in accordance with the historic irrigation practices. The above numbers are based on the best engineering estimates at this time and actual amounts may vary based on continuing engineering analysis. D. Modification Results. The result of the requested modification will be to generally decree the Augmentation Plan as it would have been if the Water Court would have originally allowed the ten percent consumptive use, 90 percent septic system return flows and assumed one-third of an acre foot of diversions per residence, as is now customarily provided for in augmentation plans in the upper Arkansas River valley, including the blanket plan for augmentation of the Upper Arkansas Water Conservancy District. The modifications sought by this Application will not materially impair the augmentation of the Quail Ridge Subdivision wells under the terms of the Augmentation Plan at full build out. III. Ownership of Structures. The augmented wells are owned by the Quail Ridge Subdivision Homeowners Association, now Game Trail Homeowners Association, whose address is c/o Ann Castle, Esq., Holland and Hart, LLP, 555 - 17th Street, Ste. 2700, Denver, CO 80202. The headgate of the Cottonwood Maxwell ditch is located upon land owned by David Sheesley, whose address is 18701 County Road 306, Buena Vista, CO 81211. All other structures are located upon land owned by the Applicant and the Trustee. ------------------------------------------------------------------------------------------------------------ THE WATER RIGHTS CLAIMED BY THE FOREGOING APPLICATION(S) MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT AND PROTEST WITHIN THE TIME PROVIDED BY STATUTE, OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or application as amended, may file with the Water Clerk a verified statement of opposition setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions, such statement of opposition must be filed by the last day of July 2007, (forms available at Clerk’s office or at www.courts.state.co.us, must be submitted in quadruplicate, after serving parties and attaching a certificate of mailing, filing fee $70.00). The foregoing are resumes and the entire application, amendments, exhibits, maps and any other attachments filed in each case may be examined in the office of the Clerk for Water Division No. 2, at the address shown below. ---------------------------------------------------------------------------------------------------------

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Witness my hand and the seal of this Court this 11th day of June, 2007. /s/ Mardell R. DiDomenico ________________________________ Mardell R. DiDomenico, Clerk District Court Water Div. 2 203 Judicial Bldg., 320 W. 10th Street Pueblo, CO 81003 Tel. 583-7048 (Court seal) Published: June ____, 2007