DISTRICT COURT, WATER DIVISION 1, COLORADO APRIL 2008 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of APRIL 2008 for each County affected. 08CW69 STEVEN D. BANOWETZ, 5819 RIM ROCK TRAIL, FT. COLLINS, CO 80526. Telephone: (970) 226-6156. APPLICATION FOR WATER RIGHTS (SURFACE) IN LARIMER COUNTY. Name of structure: Rim Rock Spring located NW1/4, SW1/4, S7, T6N, R69W of the 6th PM at a distance 250 feet from South and 670 feet from East. Subdivision: Spring Creek Estates, Lot 5. Source: Underground spring. Date of initiation of appropriation: The year 1914. How appropriation was initiated: Pipe put in and water used to water stock and irrigate family crops on the homestead site. Date water applied to beneficial use: 1914. Amount claimed: one cfs, Absolute. Use: Water has filled stock tanks since at least 1914 and has watered livestock. It will continue to be used to water horses and cattle not to exceed thirty head. It is also used by the native wildlife. 08CW70 CLARK REINKE, W5961 SUMAC RD., PLYMOUTH, WI 53073. Telephone: (920) 946-1358. APPLICATION FOR WATER RIGHTS (SURFACE) IN PARK COUNTY. Spring, located SE1/4, S20, T11S, R78W of the 6th PM. Street address, Park County Road 22, Fairplay, CO 80440. Subdivision: Weston Pass Summer Homes, Lot 5. Source: South Fork of the South Fork of the South Platte River. Date of initiation of appropriation: Summer, mid 1950’s (estimate). How appropriation was initiated: Ram pump w/transmission pipe to cabin. Date water applied to beneficial use: Summer, mid 1950’s (estimate). Amount claimed: 1 gpm, Absolute. Use: domestic use of summer time only recreational cabin. 08CW71 PVIC Augmentation Group, LLC, 14460 County Road 40, Platteville, CO 80651 (P. Andrew Jones, Lind, Lawrence & Ottenhoff, LLP, 355 Eastman Park Drive, Suite 200, Windsor, CO 80550; 970-674-9888). AMENDED APPLICATION FOR WATER RIGHTS, CHANGE OF WATER RIGHTS, ADJUDICTION OF CONDITIONAL AND ABSOLUTE APPROPRIATIVE RIGHTS OF EXCHANGE, AND FOR APPROVAL OF PLAN OF AUGMENTATION. APPLICATION FOR WATER RIGHTS IN WELD COUNTY. 2. Name of New Right: PVIC Augmentation Group, LLC Recharge Right. 3.Source and Point of Diversion. The PVIC Augmentation Group, LLC Recharge Right will be diverted from the South Platte River into the Platte Valley Irrigation Canal headgate, located in the Northeast Quarter of the Northwest Quarter of the Southeast Quarter, Section 19, Township 2 North, Range 66 West of the 6th P.M. The water so diverted will be delivered down the Platte Valley Canal and the Evans Ditch No. Two to the following recharge sites: 3.1Cecil Recharge Site 3.1.1. Legal Description of Location: Southeast Quarter of the Northwest Quarter of Section 26, Township 4 North, Range 66 West of the Sixth P.M. 3.1.2. Surface Area at High Water Line: 7 acres. 3.1.3. Amount Claimed: 56 acre feet, conditional, with right to fill and refill in priority. 3.1.4. Aquifer Parameters: T=162,036; X=19,469; W=26,768; S=.2 3.1.5. Location of Accretions: South Platte River. Upstream Boundary: Section 8, Township 4 North, Range 66 West. Downstream Boundary: Section 35, Township 5 North, Range 66 West. 3.2. Doperaski Recharge Site : Behrens Reservoir 3.2.1. Legal Description of Location: West Half of the Southwest Quarter of Section 9, Township 4 North, Range 65 West. 3.2.2. Surface Area at High Water Line: 20 acres 3.2.3. Amount Claimed: 100 acre feet, conditional, with right to fill and refill in priority. 3.2.4. Aquifer Parameters: T=141,610; X=14,849; W=16,877; S=.2 3. 2.5. Location of Accretions: South Platte River. Upstream Boundary: Section 35, Township 5 North, Range 66 West.

Downstream Boundary: Section 29, Township 5 North, Range 65 West. 3.3. Hunt Recharge Site 13.3.1. Legal Description of Location: Northwest Quarter of Section 33, Township 4 North, Range 66 West of the 6th P.M. 3.3.2. Surface Area at High Water Line: 5.5 acres. 3.3.3. Amount Claimed: 37 acre feet, conditional, with right to fill and refill in priority. 3.3.4. Aquifer Parameters: T=92,874; X=15,700; W=19,123; S=.2 3.3.5. Location of Accretions: South Platte River. Upstream Boundary: Section 2, Township 3 North, Range 67 West. Downstream Boundary: Section 8, Township 4 North, Range 66 West. 3.4. Hunt Recharge Site 2 3.4.1. Legal Description of Location: Northwest Quarter of Section 33, Township 4 North, Range 66 West of the 6th P.M. 3.4.2. Surface Area at High Water Line: 3 acres.3.4.3. Amount Claimed: 24 acre feet, conditional, with right to fill and refill in priority. 3.4.4. Aquifer Parameters: T=92,874; X=15,700; W=19,123; S=.23.4.5. Location of Accretions: South Platte River. Upstream Boundary: Section 2, Township 3 North, Range 67 West. Downstream Boundary: Section 8, Township 4 North, Range 66 West. 3.5. Sandau/Bartels Recharge Site3.5.1. Legal Description of Location: In the Northwest Quarter of the Southwest Quarter of Section 25, Township 4 North, Range 66 West of the 6th P.M. 3.5.2. Surface Area at High Water Line: 7 acres. 3.5.3. Amount Claimed: 56 acre feet, conditional, with right to fill and refill in priority. 3.5.4. Aquifer Parameters: T=146,804; X=22,444; W=27,108; S=.23.5.5. Location of Accretions: South Platte River. Upstream Boundary: Section 8, Township 4 North, Range 66 West. Downstream Boundary: Section 35, Township 5 North, Range 66 West. 3.6. Sandau Properties Recharge Site3.6.1. Legal Description of Location: In the Northeast Quarter of the Southwest Quarter of Section 34, Township 4 North, Range 66 West of the 6th P.M. 3.6.2. Surface Area at High Water Line: 7 acres. 3.6.3. Amount Claimed: 56 acre feet, conditional, with right to fill and refill in priority. 3.6.4. Aquifer Parameters: T=51,000; X=20,609; W=20,650; S=.23.6.5. Location of Accretions: Section One: South Platte River. Upstream Boundary: Section 2, Township 3 North, Range 67 West. Downstream Boundary: Section 8, Township 4 North, Range 66 West of the 6th P.M.3.7. Schmidt Family Trust Recharge Site 3.7.1. Legal Description of Location: Southeast Quarter of Section 25, Township 4 North, Range 66 West. 3.7.2. Surface Area at High Water Line: 6 acres. 3.7.3. Amount Claimed: 36 acre feet, conditional, with right to fill and refill in priority. 3.7.4. Aquifer Parameters: T=130,590; X=25,352; W=27,173; S=.2. 3.7.5. Location of Accretions: Section Two: South Platte River. Upstream Boundary: Section 8, Township 4 North, Range 66 West. Downstream Boundary: Section 35, Township 5 North, Range 66 West of the 6th P.M. 3.8. Elmer Schmidt Recharge Site. 3.8.1. Legal Description of Location: Northwest Quarter of the Northeast Quarter and the Southeast Quarter of Section 23, Township 4 North Range 66 West of the 6th P.M. 3.8.2. Surface Area at High Water Line: 7 acres. 3.8.3.. Amount Claimed: 56 acre feet, conditional, with right to fill and refill in priority. 3.8.4. Aquifer Parameters: T=157,900; X=17,094; W=27250; S=.2. 3.8.5. Location of Accretions: South Platte River. Upstream Boundary: Section 8, Township 4 North, Range 66 West. Downstream Boundary: Section 35, Township 5 North, Range 66 West. 3.9. Thompson Recharge Site. 3.9.1. Legal Description of Location: Southeast Quarter of Section 6, Township 3 North, Range 66 West of the 6th P.M. 3.9.2. Surface Area at High Water Line: 5 acres. 3.9.3. Amount Claimed: 40 acre feet, conditional, with right to fill and refill in priority. 3.9.4. Aquifer Parameters: T=160,921; X=12,754; W=13,593; S=.2. 3.9.5. Location of Accretions: South Platte River. Upstream Boundary: Section 2, Township 3 North, Range 67 West. Downstream Boundary: Section 8, Township 4 North, Range 66 West. 3.10. Additional Sites. Applicant seeks a decree that allows the addition of recharge sites served by the PVIC Augmentation Group, LLC Recharge Right without need of further water court application. 4. Date of appropriation: December 30, 2005. 5. How appropriation was initiated: Formation of intent to appropriate water to a beneficial use, engineering analysis, CCWCD Board resolution, filing of Application in 05CW331, filing of this application. Applicants met and agreed to develop the right, secured engineering analysis, and initiated this filing. Some of the sites have been constructed. 6. Amount Claimed: 215.95 c.f.s., conditional.7. Proposed Use of Accretions: Augmentation,

irrigation, replacement and exchange. Augmentation uses may include assignment to and use in the Central Colorado Water Conservancy District Augmentation Plans decreed in 02CW335 and 03CW99. 8. Name and Address of Owners of Structures: 8.1. Platte Valley Canal: Platte Valley Irrigation Company, 1135 8th Avenue, Greeley, Colorado 80631; Farmers Reservoir and Irrigation Company, a Colorado corporation, 80 South 27th Avenue, Brighton, Colorado 80601.8.2. Evans Ditch No. 2: Platte Valley Irrigation Company, 1135 8th Avenue, Greeley, Colorado 80631.8.3. Recharge Sites..8.3.1. Cecil: Cecil Investments, LLC, 1639 35th Avenue Court, Greeley, CO 80634. 8.3.2. Doperaski: Matthew J. and Ronda Doperaski, P.O. Box 1880, Eagle, ID 83616. 8.3.3. Hunt: David W. Hunt and Kayleen J. Hunt, 14460 County Road 40, Platteville, CO 80651. 8.3.4. Sandau/Bartels: Bruce Sandau, Robert Sandau: 18444 Weld County Road 31, Platteville, CO 80651; Bartels Family, LLC: 4511 14th St., Greeley CO 80634.8.3.5. Sandau Properties: Sandau Properties, LLC, 18444 Weld County Road 31, Platteville, CO 80651. 8.3.6. Schmidt Family Trust: Roy A. Schmidt Family Trust and Irene May Schmidt, 19805 Weld County Road 37, LaSalle, CO 80645. 8.3.7. Elmer Schmidt: Elmer W. Schmidt, 18420 Weld County Road 42, LaSalle, CO 80645. 8.3.8. Thompson: Timothy J. Thompson, 17293 U.S. Highway 85, Platteville, CO 80651. CHANGE OF WATER RIGHTS. 9. Name of Structure. Evans Ditch No. Two. 10. Previous Decrees. The Evans Ditch No. Two was decreed Priority 40 in Case No. CA6009, District Court, Second Judicial District on April 28, 1883. The adjudicated priority date for the right is October 5, 1871. The adjudicated rate of diversion is 177.07 cubic feet per second. The adjudicated use is for irrigation. The Evans Ditch No. Two water right is diverted from the South Platte River through the headgate of the Platte Valley Irrigation Company located Northeast Quarter of the Northwest Quarter of the Southeast Quarter, Section 19, Township 2 North, Range 66 West of the 6th P.M. The Platte Valley Irrigation Company delivers the Evans Ditch No. Two water to its shareholders. 11. Proposed Change of Use: Applicant seeks to change the use of 25 shares of the 344 outstanding shares in the Platte Valley Irrigation Company to include augmentation, recharge, replacement, and exchange, by direct release or storage for later release. Augmentation uses may include assignment to and use in the Central Colorado Water Conservancy District Augmentation Plans decreed in 02CW335 and 03CW99. Applicant claims the right to totally consume the consumable portion of the water, either by first use, successive use, or disposition. Applicant intends to retain the existing irrigation use, subject to terms and conditions that prevent simultaneous delivery for irrigation and the new claimed uses. Once changed, these shares may be delivered to the recharge sites identified above to offset alluvial well depletions and/or meet return flow replacement obligations. Applicant proposes to provide replacement of return flows only at times the call on the river is senior to the date of this application, effectively appropriating return flows at times the call is junior to that date. 12. Methodology. Though Applicant seeks to change the use of only 25 of 344 outstanding PVIC shares at the present time, Applicant has applied a ditch-wide methodology to determine the average amount of consumptive use attributable to each PVIC share, and will prosecute the application on this basis. As such, the determinations made in this case will be binding upon future applications to change the use of PVIC shares.13. Historical Use. Applicant has selected a study period of 1950 to 2004. Diversion records for the selected study period indicate that an average of 26,602.76 acre feet was diverted at the river headgate. Accounting for system wide ditch loss of 16.25%, Applicant estimates that 22,279.82 acre feet was delivered via farm headgates and applied to an average of 15,015 acres of spring grain, dry beans, corn grain, potatoes, sugar beets, alfalfa, winter wheat, and grass pasture. Based on maximum irrigation efficiencies of 60% prior to 1975 and 67% after 1975, on farm depletions averaged 14,013.47 acre feet annually on a system wide basis, or 40.74 acre feet per share. On farm return flow volumes averaged 8,266.35 acre feet per year, consisting of 826.63 acre feet of surface returns and 7,439.72 acre feet of groundwater returns. Return flows accrued to the South Platte River at an average rate of 826.63 acre feet per year via surface runoff, and 6,116.16 acre feet per year via deep percolation. It was assumed that return flows that

accrued to the Beebe Draw accrued to the South Platte River in the same month that they arrived at the drain ditch in the Draw. 14. Proposed Terms and Conditions. Applicant’s new uses will be limited by proposed terms including: 14.1 Seasonal Limitation: Diversions for the new uses will be limited to March 1 to November 30 each year, consistent with historical practices. 14.2. Point of Diversion. All water diverted for the new uses shall be delivered through the PVIC river headgate. 14.3. Ditch Company Regulation. The Platte Valley Irrigation Company will assess the same amount of conveyance losses to the delivery of the changed shares as are assessed all other shareholders. 14.4. Volumetric Limitations on the Amount of Water Delivered Through Farm Headgates. Deliveries at the farm headgates and bypass structure(s) shall be monitored and regulated to ensure compliance with the following limitations. 14.4.1. Per share monthly maximum volumetric limits. The amount of water delivered through the farm headgate per share not exceed the following amounts on a monthly basis (acre feet): March: 3.86; April: 14.11; May: 21.07; June: 30.13; July: 27.55; August: 26.5; September: 17.19; October: 14.48; November: 4.93. 14.4.2. Per share annual maximum volumetric limit. No more than 101.41 acre feet per share shall be delivered in a single calendar year. 14.4.3. Per share ten-year rolling average volumetric limit. No more than 64.77 acre feet per share shall be delivered in any rolling ten year period. 14.5. Return Flow Obligations. Use of the Evans Ditch No. Two water right for irrigation historically created surface and subsurface return flows to the South Platte River and the Beebe Draw Drain Ditch. On a system-wide basis, approximately 10% of these returns were surface runoff and 90% occurred via deep percolation. 14.5.1. Location of Return Flows. Applicant divided the Evans Ditch No. Two into four sections for the purposes of return flow and recharge accretion analysis. Sections one through three contributed return flows directly to the South Platte River. Section Four contributed return flows to Beebe Draw Drain Ditch. 14.5.1.1. Section One: South Platte River. Upstream Boundary: Section 2, Township 3 North, Range 67 West. Downstream Boundary: Section 8, Township 4 North, Range 66 West. 14.5.1.2. Section Two: South Platte River. Upstream Boundary: Section 8, Township 4 North, Range 66 West. Downstream Boundary: Section 35, Township 5 North, Range 66 West. 14.5.1.3. Section Three: South Platte River. Upstream Boundary: Section 35, Township 5 North, Range 66 West. Downstream Boundary: Section 29, Township 5 North, Range 65 West. 14.5.1.4. Section Four: Beebe Draw Drain Ditch. Upstream Boundary: Section 2, Township 3 North, Range 65 West (just North of Milton Reservoir). Downstream Boundary: Section 3, Township 4 North, Range 65 West (at Lower Latham Reservoir). 14.5.2. Amount and Timing of Historical Return Flows. Return flows accrued at the following rates in the following months from the following sections. Surface water return flows are expressed as a proportion of instantaneous farm headgate deliveries. Ground water return flow factors are expressed as a proportion of the preceding year’s total farm headgate deliveries. 14.5.2.1. Section One. 14.5.2.1.1. Surface Return Flows. March: .047; April: .044; May: .043; June: .037; July: .036; August: .036; September: .035; October: .036; November: .038. 14.5.2.1.2. Groundwater Return flows. January- December: .028. 14.5.2.2. Section Two. 14.5.2.2.1. Surface Return Flows. March: .047; April: .044; May: .042; June: .037; July: .036; August: .036; September: .035; October: .036; November: .038. 14.5.2.2.2. Groundwater Return flows. January- December: .028. 14.5.2.3. Section Three. 14.5.2.3.1. Surface Return Flows. March: .047; April: .044; May: .042; June: .037; July: .036; August: .036; September: .035; October: .036; November: .038. 14.5.2.3.2. Groundwater Return flows. January: .027; February-December: .028. 14.5.2.4. Section Four. 14.5.2.4.1. Surface Return Flows. March: .047; April: .043; May: .041; June: .037; July: .036; August: .036; September: .035; October: .036; November: .038. 14.5.2.4.2. Groundwater Return flows. January: .030; February: .029; March: .028; April: .026; May: .025; June: .024; July: .024, August: .025; September: .027; October: .030; November: .031; December: .031. 14.5.3. Amount, Timing and Location of Replacement of Historical return flows. Applicant will deliver water to the locations described above in amounts determined by the application of the factors described above at times when there is a valid call for water senior to the date of this application

from a location downstream of the point where such return flows historically accrued to the South Platte River or Beebe Draw Drain Ditch. Applicant’s members will meet return flow obligations via the delivery of the changed shares to the identified recharge sites, by bypassing a portion of these shares directly to the affected stream, or by delivery of additional or alternative sources. 14.5.4. Dry Up Provisions. During the study period, the Evans Ditch No. Two right irrigated an average of 15,015 acres. The annual historical crop irrigation requirement for these acres was 22,397.40 acre feet. On average, 14,013.47 acre feet of this need was met by water diverted under the Evans Ditch No. 2 priority. The amount of water delivered to the farms under the PVIC system was consistently less than necessary to adequately irrigate the crops grown under the ditch. Because the system is severely water short, the change to new uses will necessarily reduce deliveries to shares remaining in irrigation, and specific dry-up provisions are not necessary. However, as a safeguard, the decree will include a term and condition that requires shareholders applying shares to new uses to cease application of water diverted under the Evans Ditch No. 2 priority to the amount of land necessary to ensure a reduction in consumptive use commensurate with the amount of water applied to the new uses. The location and amount of lands dedicated to dry-up may fluctuate from year to year commensurate with the number of shares dedicated to new uses. 14.6. Conditions Related to Share Dedication. Applicant’s members may elect whether to deliver the 25 shares changed herein to irrigation or to augmentation. This election shall be made no less than annually. The election shall be made prior to irrigation season, provided, however, that shares may be dedicated to augmentation uses after the commencement of the irrigation season if the shares have not been delivered for irrigation purposes during that season. Similarly, shares dedicated to augmentation uses may be rededicated to irrigation if no deliveries of the shares have been made to augmentation purposes in that season. The number of shares dedicated to augmentation purposes may fluctuate from year to year. Until such time as a share is first applied to augmentation uses, the volumetric limits set forth herein shall not apply. When a share is dedicated to augmentation uses, the limits shall apply at all times the share is being delivered to augmentation uses. If a share that has been dedicated to augmentation uses returns to irrigation uses, the volumetric limits shall not then apply.15. Ditch Wide Application. Future changes in use of PVIC shares shall be governed by terms and conditions decreed in this application, in the absence of a substantial change in circumstances not addressed by the Court in the context of this proceeding. 16. Place of Recharge. Applicant may deliver the changed shares to the recharge sites listed above, or to recharge sites hereafter added to the plan pursuant to the terms of the decree. AUGMENTATION PLAN 17. The Augmentation Plan set forth herein is plead in the alternative. Applicant’s intended use of accretions generated by the delivery of the PVIC Augmentation Group, LLC water right and the changed PVIC shares is to assign these to the augmentation plans already decreed in 02CW335 and 03CW99 and thereby increase the pumping allowed by PVIC Augmentation Group, LLC Members. However, Applicant seeks the alternative to apply these accretions via the separate augmentation plan plead herein if necessary. 18. Augmented Wells. Applicant proposes to augment the out of priority depletions caused by the use of the following wells, hereinafter referred to as the “Member Wells.” 18.1. Name of Well: Cecil 217 18.1.1. WDID: 207037 18.1.2. Location: In the Southwest Quarter of the Southwest Quarter of Section 26, Township 4 North, Range 66 West of the 6th P.M. 18.1.3. Decree: W-1826 18.1.4. Permit: 217 18.1.5. Decreed Priority Date: April 30, 1936 18.1.6. Depletions to: South Platte River. 18.1.7. Location of Depletions: Upstream Boundary: Section 8, Township 4 North, Range 66 West. Downstream Boundary: Section 35, Township 5 North, Range 66 West. 18.1.8. Aquifer Parameters: T=155,949; X=22,205; W=26,714; S=.2 18.1.9. Additional Augmentation Plan: 03CW99 18.2. Name of Well: Cecil 218 18.2.1. WDID: 207041 18.2.2. Location: In the Southwest Quarter of the Southwest Quarter of Section 26, Township 4 North, Range 66 West of the 6th P.M. 18.2.3. Decree: W-1826 18.2.4. Permit: 218 18.2.5. Decreed Priority Date: July 31, 1938 18.2.6. Depletions to: South Platte River. 18.2.7. Location of Depletions: Upstream

Boundary: Section 8, Township 4 North, Range 66 West. Downstream Boundary: Section 35, Township 5 North, Range 66 West. 18.2.8. Aquifer Parameters: T=155,949; X=21,620; W=26,705; S=.2. 18.2.9. Additional Augmentation Plan: Former 03CW99 well. 18.3. Name of Well: Cecil 219. 18.3.1. WDID: 207032. 18.3.2. Location: In the Southwest Quarter of the Northwest Quarter of Section 26, Township 4 North, Range 66 West of the 6th P.M. 18.3.3. Decree: W-1826. 18.3.4. Permit: 219 18.3.5. Decreed Priority Date: August 31, 1945. 18.3.6. Depletions to: South Platte River. 18.3.7. Location of Depletions: Upstream Boundary: Section 8, Township 4 North, Range 66 West. Downstream Boundary: Section 35, Township 5 North, Range 66 West. 18.3.8. Aquifer Parameters: T=161,475; X=19,890; W=26,554; S=.2. 18.3.9. Additional Augmentation Plan: Former 03CW99 well. 18.4. Name of Well: Cecil 221. 18.4.1. WDID: 207044. 18.4.2. Location: In the Northeast Quarter of the Northwest Quarter of Section 26, Township 4 North, Range 66 West of the 6th P.M. 18.4.3. Decree: W-1826. 18.4.4. Permit: 221. 18.4.5. Decreed Priority Date: April 1952. 18.4.6. Depletions to: South Platte River. 18.4.7. Location of Depletions: Upstream Boundary: Section 8, Township 4 North, Range 66 West. Downstream Boundary: Section 35, Township 5 North, Range 66 West. 18.4.8. Aquifer Parameters: T=161,145; X=19,002; W=26,828; S=.2. 18.4.9. Additional Augmentation Plan: Former 03CW99 well. 18.5. Name of Well: Doperaski 8736. 18.5.1. WDID: 206847. 18.5.2. Location: In the Southwest Quarter of the Southwest Quarter of Section 4, Township 4 North, Range 65 West of the 6th P.M. 18.5.3. Decree: W-577. 18.5.4. Permit: 8736. 18.5.5. Decreed Priority Date: July 31, 1932. 18.5.6. Depletions to: South Platte River. 18.5.7. Location of Depletions: Upstream Boundary: Section 35, Township 5 North, Range 66 West. Downstream Boundary: Section 29, Township 5 North, Range 65 West. 18.5.8. Aquifer Parameters: T=188,465; X=11,647; W=16426; S=.2. 18.5.9. Additional Augmentation Plan: 02CW335. 18.6. Name of Well: Doperaski 8737. 18.6.1. WDID: 206851. 18.6.2. Location: In the Southwest Quarter of the Southwest Quarter of Section 4, Township 4 North, Range 65 West of the 6th P.M. 18.6.3. Decree: W-577. 18.6.4. Permit: 8737. 18.6.5. Decreed Priority Date: July 31, 1954. 18.6.6. Depletions to: South Platte River. 18.6.7. Location of Depletions: Upstream Boundary: Section 35, Township 5 North, Range 66 West. Downstream Boundary: Section 29, Township 5 North, Range 65 West. 18.6.8. Aquifer Parameters: T=188,465; X=11,643; W=16,426; S=.2. 18.6.9. Additional Augmentation Plan: 02CW335. 18.7. Name of Well: Hunt 667. 18.7.1. WDID: 208222. 18.7.2. Location: Southeast Quarter of the Northwest Quarter, Section 33, Township 4 North, Range 66 West of the 6th P.M. 18.7.3. Decree: W-5324. 18.7.4. Permit: 667. 18.7.5. Decreed Priority Date: May 31, 1947. 18.7.6. Depletions to: South Platte River. 18.7.7. Location of Depletions: Upstream Boundary: Section 2, Township 3 North, Range 67 West. Downstream Boundary: Section 8, Township 4 North, Range 66 West. 18.7.8. Aquifer Parameters: T=135,285; X=16,375; W=19,054; S=.2. 18.7.9. Additional Augmentation Plan: 03CW99. 18.8. Name of Well: Hunt 668. 18.8.1. WDID: 208223. 18.8.2. Location: Southeast Quarter of the Northwest Quarter, Section 33, Township 4 North, Range 66 West of the 6th P.M. 18.8.3. Decree: W-5324. 18.8.4. Permit: 668. 18.8.5. Decreed Priority Date: May 5, 1947. 18.8.6. Depletions to: South Platte River. 18.8.7. Location of Depletions: Upstream Boundary: Section 2, Township 3 North, Range 67 West. Downstream Boundary: Section 8, Township 4 North, Range 66 West. 18.8.8. Aquifer Parameters: T=135,285; X=16,375; W=19,054; S=.2. 18.8.9. Additional Augmentation Plan: Former 03CW99 well. 18.9 Name of Well: Hunt RF-371. 18.9.1. WDID: 208220. 18.9.2. Location: In the Northwest Quarter of the Northwest Quarter, Section 33, Township 4 North, Range 66 West of the 6th P.M. 18.9.3. Decree: W-5324. 18.9.4. Permit: RF-371. 18.9.5. Decreed Priority Date: May 31, 1950. 18.9.6. Depletions to: South Platte River. 18.9.7. Location of Depletions: Upstream Boundary: Section 2, Township 3 North, Range 67 West. Downstream Boundary: Section 8, Township 4 North, Range 66 West.18.9.8. Aquifer Parameters: T=138,058; X=14,531; W=19,154; S=.2. 18.9.9. Additional Augmentation Plan: 02CW335. 18.10 Name of Well: Hunt 666. 18.10.1. WDID: 208221. 18.10.2. Location: Southeast Quarter of the Northwest Quarter, Section 33,

Township 4 North, Range 66 West of the 6th P.M. 18.10.3. Decree: W-5324. 18.10.4. Permit: 666. 18.10.5. Decreed Priority Date: April 30, 1955. 18.10.6. Depletions to: South Platte River. 18.10.7. Location of Depletions: Upstream Boundary: Section 2, Township 3 North, Range 67 West. Downstream Boundary: Section 8, Township 4 North, Range 66 West. 18.10.8. Aquifer Parameters: T=135,285; X=16,806; W=18,992; S=.2. 18.10.9. Additional Augmentation Plan: 02CW335. 18.11. Name of Well: Sandau/Bartels 8522. 18.11.1. WDID: 205412. 18.11.2. Location: In the Southwest Quarter of the Southeast Quarter of Section 25, Township 4 North, Range 66 West of the 6th P.M. 18.11.3. Decree: W-5531. 18.11.4. Permit: 8737. 18.11.5. Decreed Priority Date: October 15, 1934. 18.11.6. Depletions to: South Platte River. 18.11.7. Location of Depletions: Upstream Boundary: Section 8, Township 4 North, Range 66 West. Downstream Boundary: Section 35, Township 5 North, Range 66 West. 18.11.8. Aquifer Parameters: T=127,295; X=25,467; W=26,951; S=.2. 18.11.9. Additional Augmentation Plan: 03CW99. 18.12. Name of Well: Sandau Properties AD2550. 18.12.1. WDID: 205340. 18.12.2. Location: The Southeast Quarter of the Southwest Quarter of Section 34, Township 4 North, Range 66 West of the 6th P.M. 18.12.3. Decree: W-1336. 18.12.4. Permit: AD2550. 18.12.5. Decreed Priority Date: November 30, 1953. 18.12.6. Depletions to: South Platte River. 18.12.7. Location of Depletions: Upstream Boundary: Section 2, Township 3 North, Range 67 West. Downstream Boundary: Section 8, Township 4 North, Range 66 West. 18.12.8. Aquifer Parameters: T=111,618; X=22,046; W=22,046; S=.2. 18.12.9. Additional Augmentation Plan: 02CW335 18.13. Name of Well: Sandau Properties AD2549. 18.13.1. WDID: 205341. 18.13.2. Location: The Southeast Quarter of the Southwest Quarter of Section 34, Township 4 North, Range 66 West of the 6th P.M. 18.13.3. Decree: W-1336. 18.13.4. Permit: AD2549. 18.13.5. Decreed Priority Date: July 19, 1952. 18.13.6. Depletions to: South Platte River. 18.13.7. Location of Depletions: Upstream Boundary: Section 2, Township 3 North, Range 67 West. Downstream Boundary: Section 8, Township 4 North, Range 66 West.18.13.8. Aquifer Parameters: T=111,618; X=22,583; W=22,583; S=.2. 18.13.9. Additional Augmentation Plan: 02CW335. 18.14. Name of Well: Sandau Properties AD2551. 18.14.1. WDID: 205339. 18.14.2. Location: The Southeast Quarter of the Southwest Quarter of Section 34, Township 4 North, Range 66 West of the 6th P.M. 18.14.3. Decree: W-1336. 18.14.4. Permit: AD2551. 18.14.5. Decreed Priority Date: September 12, 1956. 18.14.6. Depletions to: South Platte River. 18.14.7. Location of Depletions: Upstream Boundary: Section 2, Township 3 North, Range 67 West. Downstream Boundary: Section 8, Township 4 North, Range 66 West.18.14.8. Aquifer Parameters: T=111,618; X=22,076; W=22,076; S=.2. 18.14.9. Additional Augmentation Plan: 02CW335. 18.15. Name of Well: Schmidt Family Trust 3587. 18.15.1. WDID: 207991. 18.15.2. Location: In the Southwest Quarter of the Southwest Quarter of Section 30, Township 4 North, Range 65 West of the 6th P.M. 18.15.3. Decree: W-1919. 18.15.4. Permit: 3587. 18.15.5. Decreed Priority Date: October 25, 1955. 18.15.6. Depletions to: South Platte River. 18.15.7. Location of Depletions: Upstream Boundary: Section 8, Township 4 North, Range 66 West. Downstream Boundary: Section 35, Township 5 North, Range 66 West.18.15..8 Aquifer Parameters: T=127,152; X=27,086; W=27,280; S=.2. 18.15.9. Additional Augmentation Plan: 02CW335. 18.16. Name of Well: Schmidt Family Trust 8588. 18.16.1. WDID: 208003. 18.16.2. Location: In the Northeast Quarter of the Southeast Quarter of Section 25, Township 4 North, Range 66 West of the 6th P.M. 18.16.3. Decree: W-1919. 18.16.4. Permit: 8588. 18.16.5. Decreed Priority Date: March 31, 1945. 18.16.6. Depletions to: South Platte River. 18.16.7. Location of Depletions: Upstream Boundary: Section 8, Township 4 North, Range 66 West. Downstream Boundary: Section 35, Township 5 North, Range 66 West.18.16.8. Aquifer Parameters: T=138,261; X=25,300; W=27,256; S=.2. 18.16.9.Additional Augmentation Plan: 02CW335. 18.17.Name of Well: Schmidt Family Trust 8589. 18.17.1. WDID: 208006. 18.17.2. Location: In the Southeast Quarter of the Southeast Quarter of Section 25, Township 4 North, Range 66 West of the 6th P.M. 18.17.3. Decree: W-1919. 18.17.4. Permit: 8589. 18.17.5. Decreed Priority Date: March 31, 1953. 18.17.6. Depletions to: South Platte River.

18.17.7. Location of Depletions: Upstream Boundary: Section 8, Township 4 North, Range 66 West. Downstream Boundary: Section 35, Township 5 North, Range 66 West.18.17.8. Aquifer Parameters: T=126,168; X=27,323; W=27,323; S=.2. 18.17.9. Additional Augmentation Plan: 02CW335. 18.18. Name of Well: Elmer Schmidt 6145. 18.18.1.WDID: 208001. 18.18.2. Location: In the Southeast Quarter of Section 23, Township 4 North, Range 66 West of the 6th P.M. 18.18.3. Decree: W-3761. 18.18.4. Permit: 6145. 18.18.5. Decreed Priority Date: April 30, 1955. 18.18.6. Depletions to: South Platte River. 18.18.7. Location of Depletions: Upstream Boundary: Section 8, Township 4 North, Range 66 West. Downstream Boundary: Section 35, Township 5 North, Range 66 West.18.18.8. Aquifer Parameters: T=163,724; X=18,863; W=27,246; S=.2. 18.18.Additional Augmentation Plan: 03CW99. 18.19. Name of Well: Thompson 1502. 18.19. 1. WDID: 205758. 18.19. 2. Location: In the Southeast Quarter of Section 6, Township 3 North, Range 66 West of the 6th P.M. 18.19. 3. Decree: W-2526. 18.19. 4. Permit: 1502. 18.19. 5. Decreed Priority Date: March 3, 1944. 18.19. 6. Depletions to: South Platte River. 18.19. 7. Location of Depletions: Upstream Boundary: Section 2, Township 3 North, Range 67 West. Downstream Boundary: Section 8, Township 4 North, Range 66 West. 18.19. 8. Aquifer Parameters: T=160,921; X=11,359; W=51,040; S=.2. 18.19. 9. Additional Augmentation Plan: 03CW99. 18.20.Name of Well: Thompson 1503. 18.20.1. WDID: 205759. 18.20.2. Location: In the Southeast Quarter of Section 6, Township 3 North, Range 66 West of the 6th P.M. 18.20.3. Decree: W-2526. 18.20.4. Permit: 1503. 18.20.5. Decreed Priority Date: June 26, 1954. 18.20.6. Depletions to: South Platte River. 18.20.7. Location of Depletions: Upstream Boundary: Section 2, Township 3 North, Range 67 West. Downstream Boundary: Section 8, Township 4 North, Range 66 West.18.20.8. Aquifer Parameters: T=160,921; X=11,539; W=51,040; S=.2. 18.20.9. Additional Augmentation Plan: Former 03CW99 well. 18.21. Name of Well: Thompson 1504. 18.21.1. WDID: 205760. 18.21.2. Location: In the Southeast Quarter of Section 6, Township 3 North, Range 66 West of the 6th P.M. 18.21.3. Decree: W-2526. 18.21.4. Permit: 1504. 18.21.5. Decreed Priority Date: December 4, 1954. 18.21.6. Depletions to: South Platte River. 18.21.7. Location of Depletions: Upstream Boundary: Section 2, Township 3 North, Range 67 West. Downstream Boundary: Section 8, Township 4 North, Range 66 West.18.21.8. Aquifer Parameters: T=160,921; X=11,359; W=51,040; S=.2. 18.21.9. Additional Augmentation Plan: Former 03CW99 well. 19. Water Rights to be used for augmentation. Applicant will use accretions from the PVIC Augmentation Group, LLC water right and accretions from or direct deliveries of the PVIC shares changed herein to replace out of priority depletions caused by the Member Wells. Applicant may use additional and alternative sources and seeks a decree that allows incorporation of these sources into its ongoing plan of augmentation. 20. Plan for Augmentation: 20.1 Diversions from the Member Wells cause depletions to the South Platte River and its tributaries. The purpose of this plan is to replace out of priority depletions in time, location and amount to the extent necessary to ensure that senior water rights are not deprived of their lawful entitlement to water. Applicant will replace depletions that affect the South Platte River or Beebe Draw at times when there is a valid call for water senior to the priority date of the depleting well. 20.2. Method for Determination of Well Depletions: 20.2.1. Pre-Filing Depletions. For all wells except Hunt 668, depletions caused by pumping that occurred prior to the filing of this application will not be augmented by the plan. All of the wells to be augmented are either currently enrolled in the CCWCD’s Ground Water Management Subdistrict or Well Augmentation Subdistrict augmentation plans, or were formerly enrolled in the Well Augmentation Subdistrict Plan. Post pumping depletions caused by the pumping of the PVIC Augmentation Group, LLC Member Wells prior to the filing of this plan have been quantified and will be replaced under the terms and conditions of 02CW335 and 03CW99. For those wells formerly enrolled in the Well Augmentation Subdistrict Plan, the 03CW99 decree requires the replacement of all post pumping depletions generated by the use the wells in 2003, 2004 and 2005. In addition, the 03CW99 decree requires the replacement of depletions for removed wells commensurate with the acres that remain irrigable under 03CW99.

With the exception of Hunt 668, a feedlot well, the former WAS wells in this proposed plan for augmentation irrigated acres that are included in the 03CW99 calculations. As such, depletions for the use of these wells on these acres have been quantified and are being replaced in the context of the 03CW99 plan. Unlike the other wells in the plan, whose pre-2003 depletions are being replaced by the 02CW335 and 03CW99 plans, all depletions caused by the pumping of Hunt 668 that occurred prior to 2003 will be quantified and replaced by this plan. 20.2.2. Post Filing Depletions. Consumptive use resulting from the pumping of Member Wells under a State Engineer approved substitute water supply plan obtained in the context of this case or caused by the pumping of Member Wells after the entry of a decree in this case will be quantified by the application of site, time and use specific presumption depletion factors to metered well pumping, or by use of the IDSCU program. Timing of depletions will be established via the application of a Glover based analysis. This plan and the 02CW335 and 03CW99 plans will operate independently. Depletions resulting from pumping approved by the 02CW335 and 03CW99 plans will be determined and replaced under the terms and conditions of those plans, and depletions resulting from pumping approved by PVIC Augmentation Group, LLC will be determined and replaced under the terms and conditions of the PVIC Augmentation Group, LLC plan. 20.2.3. Projection. At least annually, PVIC Augmentation Group, LLC will perform a projection comparing anticipated replacement sources with anticipated well depletions. This projection will be used to limit the pumping of member wells to ensure that no more is pumped than can be replaced. The projection will include depletions from previous pumping, projected well depletions, recharge accretions, and additional or alternate supplies. The projection will include the following limitations: 20.2.3.1. Period of Call. The projection will assume a call senior the Member Wells will occur continuously for all years of the projection. 20.2.3.2. Projected Deliveries to Direct Flow Water Rights and Senior Storage Rights. Projected deliveries to Direct Flow Water Rights and Senior Storage Rights in shall be based upon 2002-2006 recorded deliveries for all years of the projection. Senior Storage rights are those with a priority date senior to July 31, 1915. 20.2.3.3. Projected Deliveries to Junior Recharge and Storage Rights. Projected deliveries to junior recharge and storage rights shall be the amount actually placed into storage or recharge as of the date of the projection. PVIC Augmentation Group, LLC may elect to apportion the amount in storage over the period of the projection, taking into account any evaporation, seepage or other losses occurring over the time the water is in storage. 20.2.3.4. Additional Leased Supplies. PVIC Augmentation Group, LLC may assume deliveries from additional water supplies to the extent to which it has a fixed and definite right to delivery for the term of such delivery. 20.3 Metering. All member wells will be metered. 20.4 Maximum annual depletions for the Member Wells are estimated to be 2950 acre feet per year if member farms relied exclusively on ground water. However, pumping will be limited by the projection to assure that no more is pumped than can be replaced without injury to vested water rights and decree conditional water rights. 20.5. Accounting and Reporting: Applicants will make an accounting of their augmentation plan and make reports to the Division Engineer. EXCHANGE 21. General Description of Exchange. PVIC Augmentation Group, LLC seeks to exchange unused recharge accretions accruing to the South Platte River downstream of the PVIC headgate upstream to the PVIC river headgate for re-diversion and delivery to the recharge sites named herein. 21.1. Sources of Substitute Supply: Recharge accretions resulting from the delivery of the Shares changed herein, the PVIC Augmentation Group, LLC Recharge Right or approved additional or alternative sources to the recharge sites decreed herein. 21.2. Exchange From Locations: the follow reaches of the South Platte River: 21.2.1. Section One: South Platte River. Upstream Boundary: Section 2, Township 3 North, Range 67 West. Downstream Boundary: Section 8, Township 4 North, Range 66 West. 21.2.2. Section Two: South Platte River. Upstream Boundary: Section 8, Township 4 North, Range 66 West. Downstream Boundary: Section 35, Township 5 North, Range 66 West. 21.2.3. Section Three: South Platte River. Upstream Boundary: Section 35, Township 5 North, Range 66 West. Downstream

Boundary: Section 29, Township 5 North, Range 65 West. 21.3. Exchange To Location. The headgate of the Platte Valley Irrigation Company located Northeast Quarter of the Northwest Quarter of the Southeast Quarter, Section 19, Township 2 North, Range 66 West of the 6th P.M.21.4. Exchange Reaches and Amounts: Applicant claims an appropriative right of exchange from the South Platte River reaches identified in Section 21.2 above where PVIC Augmentation Group, LLC recharge accretions accrue to the South Platte River upstream to the PVIC headgate. The claimed rate of exchange is up to 20 c.f.s. The claim is conditional, with an appropriation date commensurate with the filing of this application. 21.5. Use of Exchanged Waters: The waters will be used for the purposes decreed for each source of substitute supply, including augmentation of out of priority well depletions, irrigation, replacement and further exchange. 08CW72 RICHARD A SELLERS AND SUSAN J MATLOCK, 16787 BEACH BLVD., #141, HUNTINGTON BEACH, CA 92647. Telephone: (714) 962-0939. APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Name of structure: Well. Date of original decree: 04-26-2002 in case no. 96CW964 in Water Division 1. Legal description: SE1/4, NW1/4, S28, T9S, R75W of the 6th PM at a distance 2550 feet from North and 1500 feet from West. Street address: 480 Arapahoe Circle. Subdivision: Indian Mountain, Lot 10, Filing 2. Source: Groundwater. Appropriation date: 05-31-1973. Amount: .033 cfs (15 gpm), Conditional. Use: Household use only in a single family dwelling not including irrigation. The return flow returned to same stream system. Still intend to develop. 08CW73 IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF: LAWRENCE & LAURA CLAGUE IN EL PASO COUNTY. APPLICATION FOR ADJUDICATION OF DENVER BASIN GROUNDWATER AND FOR APPROVAL OF PLAN FOR AUGMENTATION I. NAME, ADDRESS AND TELEPHONE NUMBER OF APPLICANTS Lawrence & Laura Clague, 370 Park Ranch Place, Escondito, California 92025, 760-489-6633 Name, Address and Telephone Number of Applicants= Attorneys: FELT, MONSON & CULICHIA, LLC, Chris D. Cummins, #35154, Michael J. Gustafson, #37364, 319 N. Weber St., Colorado Springs, CO 80903, (719) 471-1212 II. APPLICATION FOR ADJUDICATION OF DENVER BASIN GROUND WATER RIGHTS A. Permitted Wells: 1. There is one well currently permitted by the State Engineer constructed upon the Applicants= 5.02 acre property located in the SE1/4 SE1/4 of Section 15, Township 11 South, Range 65 West of the 6th P.M. in El Paso County, Colorado (AApplicants= Property@), as more particularly described on the attached Exhibit A. The existing well is permitted pursuant to C.R.S. '37-92-602(3)(b)(II)(A), under Permit No. 266428. Upon approval of the plan for augmentation requested herein, this well will be re-permitted under C.R.S. '37-90-137 for operation under the plan for augmentation. B. Water Source: 1. Not-nontributary. The ground water that will be withdrawn from the Dawson aquifer of the Denver Basin underlying the Applicants= Property is not-nontributary. Pursuant to C.R.S. 37-90-137(9)(c), the augmentation requirements for wells in the Dawson aquifer will require the replacement of actual stream depletions to the extent necessary to prevent any injurious effect. 2. Nontributary. The ground water that will be withdrawn from the Denver, Arapahoe and Laramie-Fox Hills aquifers of the Denver Basin underlying the Applicants= Property is nontributary. C. Estimated Rates of Withdrawal and Ground Water Available: 1. Estimated Rates of Withdrawal. The pumping rates for wells to be completed to each aquifer are estimated to be between 15 g.p.m. and 100 g.p.m. The actual pumping rate for each well will vary according to aquifer conditions and well production capabilities. The Applicants request the right to withdraw ground water at rates of flow necessary to withdraw the entire decreed amounts, which may be less than or exceed the above estimates. The actual depth of each well to be constructed within the respective aquifers will be determined by actual aquifer conditions. 2. Estimated Average Annual Amounts of Ground Water

Available. Applicants request an absolute water right for the withdrawal of all legally available ground water in the Denver Basin aquifers underlying Applicants= Property. Said amounts may be withdrawn over the 100-year life of the aquifers as set forth in C.R.S. '37-90-137(4), but for the purposes of this Application, withdrawals must be limited to the 300-year subdivision water supply requirements of El Paso County. The estimated average annual amounts of ground water available for withdrawal from the underlying Denver Basin aquifers will be based upon the Denver Basin Rules. Applicants estimate that the following values and average annual amounts are representative of the Denver Basin aquifers underlying Applicant=s Property of 5.02 acres as follows:

Saturated Total Water AnnualAverage Thickness Depth Adjudicated Withdrawal

Aquifer (Feet) (Feet) (Acre Feet) Acre-Feet based on 300 year aquifer life

Dawson 949 178-1127 474.4 1.58 Denver 831 1163-1994 328.0 1.09 Arapahoe 511 2031-2542 223.0 0.74 Laramie Fox Hills 310 2855-3165 141.0 0.47 Pursuant to C.R.S. '37-92-304(11), the Applicants request that the Court retain jurisdiction to finally determine the amount of water available for appropriation and withdrawal from each aquifer. D. Requested Uses: The Applicants request the right to use the ground water for all beneficial uses including, without limitation, domestic, commercial, industrial, irrigation, stock water, recreation, fish and wildlife propagation, fire protection, central water supply for such uses and also for exchange, augmentation, aquifer recharge and replacement purposes. E. Well Fields: Applicants request that they be permitted to produce the full legal entitlement from the Denver Basin aquifers underlying Applicants= Property through any combination of wells. Applicants request that these wells be treated as a well field. Applicants request that they be entitled to withdraw an amount of ground water in excess of the average annual amount decreed to the aquifers beneath the Applicants= Property, so long as the sum of the total withdrawals from all the wells in the aquifers does not exceed the product of the number of years since the date of issuance of the original well permit or the date of entry of a decree herein, whichever comes first, multiplied by the average annual volume of water which the Applicants are entitled to withdraw from the aquifers underlying the Applicants= Property. F. Description of Land Overlying Subject Ground Water: The land overlying the ground water which is the subject of this Application consists of 5.02 acres, as more specifically described in attached Exhibit A, and as depicted in the attached Exhibit B. G. Remarks. The Applicants reserve the right to reserve some additional ground water from quantification in the Dawson aquifer for use by an exempt well pursuant to C.R.S. '37-92-602. H. Name and Address of the Owner of the Land Upon Which the Wells are to be Located: The Applicants, as set forth in Section I above, are the owners of the Applicants= Property, on which the wells are to be located. III. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION A. Name of Structures to be Augmented: One (1) Dawson aquifer well. There are to be no other water rights diverted from this well structure. B. Water Rights to be Used for Augmentation: The water rights to be used for augmentation during pumping are return flows from the not nontributary Dawson aquifer well to be pumped as set forth in this plan of augmentation, together with water rights from the nontributary Laramie-Fox Hills aquifer for post pumping depletions. C. Statement of Plan for Augmentation: Applicant wishes to provide for the augmentation of stream depletions caused by pumping the not nontributary Dawson aquifer well proposed herein for one residential lot. Water use criteria and their consumptive use component for replacement of actual depletions for the lot

is as follows: 1. Household Use Only: 0.30 acre feet annually per single family dwelling with a ten percent consumptive use based on nonevaporative septic leach field disposal systems. The annual consumptive use for this residence is therefore 0.030 acre feet. Any other type of waste water disposal shall require and amendment to this plan of augmentation. 2. Horses (or equivalent livestock): 0.011 acre feet annually (10 gallons per day) per head with a one hundred percent consumptive use component. 3. Landscape Irrigation: 0.046 acre feet annually per 1,000 square feet (2.0 acre feet per acre) per year, with a 85% assumed consumptive use rate. The annual consumptive use for each 1,000 square feet irrigated is therefore 0.039 acre feet. The well suppling the Applicants= Property should therefore be able to pump 0.574 acre feet per year, which is sufficient to support in house purposes, the watering of four horses, and the irrigation of a maximum of 5,000 square feet of lawn or garden. This Application is being filed in Water Divisions 1 and 2 because depletions may occur to both divisions. The return flows set forth above will accrue to the South Platte River system where the majority of depletions occur. Applicant requests that the total amount of depletions to both the South Platte River and the Arkansas River systems be replaced to the South Platte River as set forth herein, and for a finding that those replacements are sufficient. D. Augmentation of Depletions During Pumping: Pursuant to C.R.S. '37-90-137(9)(c) Applicants are required to replace actual stream depletions attributable to pumping of the Dawson well to the extent necessary to prevent injurious effect. Based upon annual pumping of 0.74 acre feet per year, Applicants are required to replace 0.269 acre feet annually. Applicants= have determined that during pumping, septic system return flows from the residence should account for approximately 0.27 acre feet per year. Thus, there is enough return flows through the septic system alone to replace the estimated stream depletions. E. Augmentation for Post Pumping Depletions: For the replacement of post-pumping depletions, Applicants will reserve up to 138.18 acre feet of water from the nontributary Laramie-Fox Hills aquifer underlying the Applicants= Property, less the amount of actual stream depletions replaced during the plan pumping period. Applicants also reserve the right to substitute other legally available augmentation sources for such post pumping depletions upon further approval of the Court under its retained jurisdiction. Even though this reservation is made, Applicants claim that post pumping depletions will be noninjurious and do not need to be replaced. Under the court=s retained jurisdiction, Applicants reserve the right in the future to prove that post pumping depletions will be noninjurious. The reserved nontributary water will be used to replace any injurious post-pumping depletions. Upon entry of a decree in this case, the Applicants will be entitled to file for and receive well permits for the subject Dawson aquifer well for the uses in accordance with this Application. F. Remarks: Additional remarks are as follows: 1. Applicants request a finding that they have complied with C.R.S. '37-90-137(4), and that the ground water requested herein is legally available for withdrawal by the requested not-nontributary wells upon the entry of a decree approving an augmentation plan pursuant to C.R.S. '37-90-137(9)(c). 2. The term of this augmentation plan is for 300 years, however the length of the plan for a particular well or wells may be extended beyond such time provided the total plan pumping allocated thereto is not exceeded. Post pumping stream depletions accrue to a particular well or wells only to the extent related to that well=s actual pumping. 3. The Court will retain jurisdiction over this matter to provide for the adjustment of the annual amount of ground water withdrawals to be allowed in order to conform to actual local aquifer characteristics from adequate information obtained from well drilling or test holes. 4. Pursuant to C.R.S. '37-90-137, upon approval of the plan for augmentation requested herein, Applicant will file an application with the State Engineer=s office to re-permit the existing well on Applicants= 5.02 acres (Permit No. 266428) for operation under the plan for augmentation. 5. The Applicants request a finding that vested water rights of others will not be materially injured by the withdrawals of ground water and the proposed plan for augmentation. 6. The wells shall be installed and metered as reasonably required by the State Engineer. Each well must be equipped

with a totalizing flow meter and Applicants shall submit diversion records to the Division Engineer on an annual basis or as otherwise requested by the Division Engineer. The Applicants shall also provide accountings to the Division Engineer and Water Commissioner as required by them to demonstrate compliance under this plan of augmentation. 8. The Applicants intend to waive the 600 feet well spacing requirement for any wells to be located upon the Applicant=s Property. 9. Applicants will comply with any lienholder notice provisions set forth in C.R.S. '37-92-302(2)(b) and '37-90-137(4)(b.5)(I), and such notice will be sent within 10 days of the filing of this application. 08CW74 WESTCREEK LAKES WATER DISTRICT, c/o Scott A. Clark, Burns, Figa & Will, P.C., 6400 Fiddlers Green Circle, Suite 1000, Greenwood Village, CO 80111, Phone Number: 303.796.2626. Application for Change of Water Rights in DOUGLAS COUNTY. 2. Decreed Names of Water Rights for Which Change is Sought: a. Well No. 1 Location: In the SW 1/4, NW 1/4 of Sec. 31 described as lying 700 feet from the west section line and 2,020 feet from the north section line of said section, T.10S, R.69W. of the 6th P.M. Source: Groundwater tributary to Westcreek. Depth: Approximately 100 feet below ground surface. Pumping Rate: 0.03 cfs (14 gpm). Well Permit No.: 27003. b. Well No. 2. Location: In the SW 1/4, SW 1/4 of Sec. 31 described as lying 150 feet from the West section line and 900 feet from the south section line of said section, T.10S, R.69W. of the 6th P.M. Source: Groundwater tributary to Westcreek. Depth: Approximately 120 feet below ground surface. Pumping Rate: 0.02 cfs (11 gpm). Well Permit No.: 27195. c. Well No. 3. Location: In the SW1/4, SW 1/4 of Sec. 30 described as lying 250 feet from the south section line and 1,000 feet from the west section line of said section, T.10S, R.69W. of the 6th P.M. Source: Groundwater tributary to Westcreek. Depth: Approximately 220 feet below ground surface. Pumping Rate: 0.03 cfs (14 gpm). Well Permit No.: 26936. d. Well No. 4. Location: In the SW 1/4, SW 1/4 of Sec. 30 described as lying 200 feet from the west section line and 700 feet from the south section line in said section, T.10S, R.69W. of the 6th P.M. Source: Groundwater tributary to Westcreek. Depth: Approximately 120 feet below ground surface. Pumping Rate: 0.03 cfs (14 gpm). Well Permit No.: 25800. The foregoing water rights are sometimes referred to hereafter as the Subject Water Rights. 3. Previous Decree: The decree in Case No. W-7684(74), Water Division 1, entered on February 14, 1977, confirmed the foregoing water rights for municipal and domestic purposes. The decree also confirmed water storage rights for Westcreek Reservoir and Dam and J.O. Hill Reservoir and confirmed changes of water rights for the Henry Clark Ditch No. 1, Henry Clark Ditch No. 2, Henry Clark Ditch No. 3 and Henry Clark Ditch No. 4. This Application affects only the water rights identified in Section 2, above. 4. Proposed Changes: Applicant seeks new points of withdrawal for the Subject Water Rights. These changes are needed, in part, due to silt deposited over well heads caused by floods following the Hayman fire. New Points of Withdrawal: a. Well No. 1: Location: T10S, R69W, Sec. 31, lying 405 feet from the west section line and 2200 feet from the north section line. Source: Groundwater Tributary to Westcreek. Depth: Approximately 500 feet. Pumping Rate: 0.03 cfs (14 gpm). b. Well No. 2: Location: T10S, R69W, Sec. 31, lying 1240 feet from the west section line and 2640 feet from south section line. Source: Groundwater Tributary to Westcreek. Depth: Approximately 500 feet. Pumping Rate: 0.02 cfs (11 gpm) c. Well No. 3. Location: T10S, R69W, Sec. 31, lying 1290 feet from the west section line and 2150 feet from the north section line. Source: Groundwater Tributary to Westcreek. Depth: Approximately 500 feet. Pumping Rate: 0.03 cfs (14 gpm). d. Well No. 4: Location: T10S, R69W, Sec. 31, lying 1000 feet from the west section line and 1175 feet from the north section line. Source: Groundwater Tributary to Westcreek. Depth: Approximately 500 feet. Pumping Rate: 0.03 cfs (14 gpm). 5. Comments: Except for the changes identified above, the Subject Water Rights will be subject to all of the limitations, terms and conditions contained in the decree entered in Case No. W-7684(74). Historically, the Subject Water Rights have been

used for domestic and municipal purposes within the Westcreek Lakes Water District, depicted on Exhibit A hereto. Westcreek Lakes has no written records of its withdrawals through the wells. There are no existing wells within 600 feet of the proposed new well locations. 08CW75 KENNETH E. WALKER, 81 BLICK DRIVE, SEDALIA, CO 80135-9731. Telephone: (719) 687-9805. APPLICATION FOR UNDERGROUND WATER RIGHT IN TELLER COUNTY. Name of Well: Turkey Rock 59-A, permit 271957 located NW1/4, SE1/4, S9, T11S, R70W of the 6th PM at a distance 1800 feet from South and 2050 feet from East. Street address: 81 Blick Drive, Sedalia, CO 80135-9731. Subdivision: Turkey Rock Ranch, Lot 59-A. Points were not averaged. Source: Well. Depth: 320 feet. Date of appropriation: 01-31-2007. How appropriation was initiated: Well construction and test. Date water applied to beneficial use: 11-26-2007. Amount claimed: 25 gpm Absolute. Use: Ordinary household. 08CW76 ALFRED LITWAK, 3637 CR. 106, ELIZABETH, CO 80107. Telephone: (303) 648-9177. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND NONTRIBTARY SOURCES IN ELBERT COUNTY. Well permits will be applied for prior to drilling the well. No specific wells are sought to withdraw ground water from a not nontributary aquifer and the nontributary Lower Dawson, Denver, Arapahoe, Laramie-Fox Hills aquifers underlying the land described as the land overlying subject ground water located on approximately 62 acres of land located in the SE1/4, SW1/4, S18, T9S, R64W of the 6th PM. Property consists of NW1/4 SE1/4 plus the adjoining E1/2 NE1/4 SW1/4 plus approximately two acres in the adjoining NE1/4 SE1/4 of S18. No specific locations for the proposed wells requested. Specific locations will be provided when applications for well permits are submitted. The nontributary groundwater will be withdrawn , from the Lower Dawson, Denver, Arapahoe, Laramie-Fox hills aquifers. Average pumping rates and well depths, future wells: Aquifer Rate Aquifer Depths Lower Dawson 50 gpm 480-680 feet Denver 50 gpm 750-1550 feet Arapahoe 50 gpm 1660-2135 feet Laramie-Fox Hills 50 gpm 2400-2735 Actual pumping rates may vary according to system design and water supply demands. Estimated Average annual Amounts Available: The estimated average annual amount of withdrawal available from the subject aquifers as indicated below is based upon the Denver Basin rules, 2 C.C.R. 402-6. Applicant estimates the following values and average annual amounts are representative of the referenced aquifers underlying subject property, which is an area of 62 acres. Annual Average Sand Specific Withdrawal Aquifer Thickness Yield (%) (Acre Feet) Lower Dawson 100 feet .20 12.15 Denver 245 feet .17 25.85 Upper Arapahoe 215 feet .17 22.65 Laramie-Fox Hills 195 feet .15 18.15 The average annual amount available for withdrawal from the subject aquifers will depend upon the hydrology and the legal entitlement of Applicant to all groundwater in those aquifers underlying the described property. The use of not nontributary water from a aquifer shall be subject to judicial approval of an auqmentation plan, which will be applied for at such time as the well is proposed to be permitted. Well Fields: Applicant requests that this Court determine that Applicant has the right to withdraw all of the legally available nontributary ground water in the subject aquifers lying below the land, through the wells when drilled and any additional wells which may in the future become part of the Applicant’s well fields. Applicant requests that these

wells, along with any additional wells completed into the same aquifer, shall be treated as a well field. Applicant further requests that the pumping rates for each of these wells may exceed the nominal pumping rates set forth above to the extent necessary to withdraw the fall annual acre-foot allocation of water from the aquifer. However, the subject wells will not exceed the pumping rate specified on the well permit for each well. Proposed use: All water withdrawn from proposed nontributary wells, will be reused, successively used, leased, sold or otherwise disposed of for the following beneficial uses: domestic, industrial, commercial, augmentation, stock watering, recreational, fish and wildlife. Water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions from the use of water from other sources and for all other augmentation purposes. Applicant requests the right to withdraw from these wells an average amount of water determined to be available plus an amount of ground water in excess of that annual amount; provided that the sum of the total withdrawals from any particular aquifer does not exceed the product of the number of years since the date of the issuance of well permits or of the entry of this decree, which ever occurs first, times the decreed average annual amount for that aquifer. 08CW77. 1. Applicant: Board of Governors of the Colorado State University System (“Applicant”), Attn: Nancy Hurt, CSU Real Estate Office, 1415 South College Avenue, Fort Collins, CO 80524. Please send all future pleadings and correspondence to Daniel K. Brown, Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Rd., Fort Collins, CO 80525. APPLICATION FOR UNDERGROUND WATER RIGHTS, CHANGE OF WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION IN WELD AND LARIMER COUNTIES 2. Purpose. Colorado State University (“CSU”) operates an existing agricultural research facility located approximately 7 1/2 miles north of the Town of Nunn in the SW 1/4 of the SE 1/4 of Section 21, Township 10 North, Range 66 West of the 6th P.M. Weld County, Colorado (unless otherwise stated, all legal descriptions contained herein are in said Township and Range). CSU is constructing a new facility that will be operated in conjunction with the existing facility and will be located in the NW 1/4 of the NE 1/4 of Section 28. The old facility and the new facility will be operated simultaneously. Collectively, the facilities shall be referred to herein as the “Facility.” The Facility includes or will include several small dormitories with indoor plumbing. Water at the Facility will be used for domestic purposes as well as in offices and classrooms equipped with drinking fountains, restrooms and “wet” laboratories for use in rangeland experiments. The Facility will also contain rangeland “plots” which will be irrigated for experimental purposes. In total, Applicant projects the maximum amount of water to be pumped and used at the Facility will be approximately 20 acre feet annually. Such water will be obtained from tributary well(s). The purpose of this application is to obtain a decree for an augmentation plan to replace depletions from the well(s). NEW UNDERGROUND WATER RIGHTS. 3. Names of well and permit, registration, or denial number. Shortgrass Steppe Well Field. Applicant will obtain a well permit(s) for the well(s) in this well field. 4. Legal description of wells: Applicant is seeking a decree for water rights for up to 4 wells (hereinafter collectively the “Wells”). The locations or proposed locations of the Wells are as follows: A. An existing well, permit no. 13594-F, located in the SW 1/4 of the SE 1/4 of Section 21, at a point approximately 270 feet from the South Section line and approximately 1,540 feet from the East Section line. B. Up to three additional wells constructed or to be constructed in the S 1/2 of Section 21 and/or the NE 1/4 of Section 28. Applicant requests that the Wells be decreed as alternate points of diversion for one another. 5. Source and Depth for all Wells: A. Source: Ground water tributary to the Cache La Poudre River. B. Depth: approximately 250 feet. 6. Appropriation for all Wells: A. Date of Appropriation: Date of the filing of this application. B. How appropriation was initiated: By formation of intent to appropriate coupled with notice to interested persons by overt acts, including filing of this application. C. Date water applied to beneficial use: N/A. 7. Amount claimed: 0.45 c.f.s. (200

g.p.m.), CONDITIONAL. The Wells may be operated individually or collectively, but shall not collectively pump in excess of this flow rate. 8. Proposed Use of the Wells: Domestic, household, commercial and the irrigation of up to 25 acres within the S 1/2 of Section 21 and the NE 1/4 of Section 28. CHANGE OF WATER RIGHTS 9. Decreed name of structures for which change is sought: New Cache La Poudre Canal (a/k/a Greeley No. 2 Canal) and the Cache La Poudre Reservoir (a/k/a Timnath Reservoir). 10. From Previous decrees: A. New Cache La Poudre Canal: 1.. Decrees: Civil Action #320, Water District No. 3, Larimer County District Court, April 11, 1882; Case No. W-8059-75, District Court, Water Division No. 1, June 13, 1977. 2. Decreed point of diversion is located within the SW 1/4, SE 1/4, NE 1/4, Section. 11, Township 6 North, Range 68 West, 6th P.M., Larimer County, Colorado. 3. Source: Cache La Poudre River. 4. Appropriation Date and Amount:

Date Amount

October 25, 1870 110.00 c.f.s. September 15, 1871 170.00 c.f.s. November 10, 1874 184.00 c.f.s. September 15, 1877 121.00 c.f.s. May 27, 1974 65.00 c.f.s.

B. Cache La Poudre Reservoir: 1. Decrees: a. Case No. 1260, Larimer County District Court, State of Colorado, March 23, 1901. b. Case No. 1591, Larimer County District Court, Water District 3, Water Division No. 1, State of Colorado, December 9, 1904, and revised on October 28, 1909. c. Case No. 2031, Larimer County District Court, Water District 3, Water Division No. 1, State of Colorado, April 22, 1922. d. Case No. 11217, Larimer County District Court, Water District 3, Water Division No. 1, State of Colorado, September 10, 1953. e. Case No. W-1103, District Court, Water Division No. 1, dated March 21, 1972, nunc pro tunc June, 8, 1971. f. Case No. 80CW415, District Court, Water Division No. 1, September 3, 1982. 2. Decreed point of diversion: The inlet ditch headgate for the Cache La Poudre Reservoir is located on the northeast bank of the Cache La Poudre River in the NE 1/4, Section 18, Township 7 North, Range 68 West of the 6th P.M., at a point 1,618 feet South and 35 feet East of the quarter corner between Sections 7 and 18, same Township and Range. The Cache La Poudre Reservoir is located in portions of Sections 23, 24, 25 and 26 in Township 7 North, Range 68 West of the 6th P.M. Case No. W-1103 adjudicates points of diversion for seepage and wastewater inflow into the Cache La Poudre Reservoir from the “West Drainage,” “Middle Drainage” and “East Drainage.” The decreed point of diversion for the West Drainage is a point 2,030 feet North and 1,400 feet East of the SW corner of Section 24, Township 7 North, Range 68 West of the 6th P.M. The “Middle Drainage” point of diversion is a point 1,350 feet North and 3,290 feet East of said SW corner. The decreed point of diversion for the “East Drainage” is 1,340 feet South and 60 feet West of the NE corner of Section 25, same Township and Range. Case No. 80CW415 decrees two additional points of diversion for the Cache La Poudre Reservoir: First Diversion—located in the NE 1/4 of Section 25, Township 7 North, Range 68 West of the 6th P.M.; Second Diversion—located in the SW 1/4 of Section 36, Township 7 North, Range 68 West of the 6th P.M. 3. Sources: Cache La Poudre River and its tributaries, Dry Creek, Ames Slough, Cooper Slough and Boxelder Creek. The source of supply for the West Drainage, Middle Drainage and East Drainage is waste, seepage, runoff and surface waters arising in Sections 6, 7, 8, 17, 18, 19 and 30, Township 7 North, Range 67 West of the 6th P.M., and Sections 1, 2, 11, 12, 13, 14 and 24, Township 7 North, Range 68 West of the 6th P.M. Case No. 80CW415 decrees the diversion of runoff from natural precipitation, seepage water and irrigation water as follows: First Diversion—Sections 19 and 30, Township 7 North, Range 67 West of the 6th P.M., and Sections 24, 25 Township 7 North, Range 68 West of the 6th P.M; Second Diversion—Sections 22, 23, 26, 27 and 35, Township 7

North, Range 68 West of the 6th P.M. 4. Appropriation Dates and Amounts:

Date Amount

April 15, 1867 60 c.f.s. March 17, 1892 8,379 acre feet December 1, 1902 1,740 acre feet December 31, 1923 5,948 acre feet December 31, 1923 4,171 acre feet March 17, 1892 West Drainage 110 c.f.s. Middle Drainage 50 c.f.s. East Drainage 90 c.f.s. March 17, 1892 First Diversion 15 c.f.s. July 31, 1892 Second Diversion 10 c.f.s.

11. Historical Use: Applicant seeks to change the use of 4 shares of the 2,499.69 outstanding shares in the New Cache La Poudre Irrigating Company (“New Cache”) and 8 shares of the 3,000 outstanding shares in the Cache La Poudre Reservoir Company (“CLP Reservoir”). Collectively the shares to be changed herein will be referred to as the “New Cache water rights.” From approximately 1924 to 1994, the New Cache water rights were used for irrigation purposes on the N 1/2 of the NW 1/4 of Section 35, Township 6 North, Range 65 West of the 6th P.M. Thereafter, the New Cache water rights have been leased by other water users for irrigation of land within the New Cache La Poudre Irrigating Company service area, which is generally located within the following Sections, Townships and Ranges west of the 6th P.M. in Larimer and Weld counties: Sections 35 and 36, Township 7 North, Range 68 West; Sections 1, 2, 11, 12 and 13, Township 6 North, Range 68 West; Sections 6 through 10, 15 through 27, 35 and 36, Township 6 North, Range 67 West; Sections 16, 17 and 19 through 34 of Township 6 North, Range 66 West; Sections 12 through 17, 19 through 36, Township 6 North, Range 65 West; Sections 1 through 5, Township 5 North, Range 65 West; Sections 7, 8, 12, 13, 14, 18, 19, 20 and 23 through 36, Township 6 North, Range 64 West; Sections 2 through 6, 9 and 10, Township 5 North, Range 64 West; and Sections 7, 8, 9, 16 through 21, 29, 30 and 31, Township 6 North, Range 63 West, all West of the 6th P.M. (“New Cache Service Area”). 12. Proposed Change: Applicants seek a decree changing the use of the New Cache water rights to include, in addition to the existing decreed uses, augmentation, recharge and replacement, either by direct release, following storage for later release, or by exchange, with the right to totally consume the consumable portion of the water, either by first use, reuse or successive use. Applicant proposes to change the New Cache water rights pursuant to the terms, conditions and methodology to be set forth in the final decree of the New Cache La Poudre Irrigating Company’s change case described in the application for Case No. 06CW295 (“New Cache Change Case”). In particular, Applicant seeks to use the fully consumable portion of the New Cache water rights as a source of augmentation, recharge and replacement water to replace the out-of-priority depletions associated with the pumping of the Wells as set forth below in the “Plan for Augmentation” section of this application. PLAN FOR AUGMENTATION. 13. Names of structures to be augmented: A. The Wells described in paragraph 3-8 above. This plan is also intended to replace depletions associated with any replacement well or alternate point of diversion well for the Wells. B. Are there other water rights diverted from the structures? Yes. 14. Previous decree(s) for water right(s) to be used for augmentation: The New Cache water rights described in paragraphs 9-12 above are sought to be changed to make them legally useable as a source of replacement water in this plan for augmentation. Additionally, Applicant may use fully consumable water to which it is or becomes legally entitled by agreement with the Lower Poudre Augmentation Company that is decreed for augmentation purposes in New Cache Change Case and/or the Lower Poudre Augmentation Plan

to augment depletions associated with the pumping of the Wells. Applicant also seeks the right to use, either permanently or temporarily, for augmentation, replacement, and/or recharge in this plan for augmentation, waters that have been decreed for fully consumptive uses, or are fully consumptive by virtue of their nature and legal status, such as transbasin water. Further, Applicant seeks approval of its right to use other sources of water that may be acceptable to the State Engineer as substitute supply water in accordance with §§37-92-308 and 309, C.R.S. 15. Statement of Plan for Augmentation: Water pumped from the Wells is and will be used to supply water to the Facility for irrigation, commercial, domestic and/or household purposes. Pumping of the Wells will result in depletions to the Cache La Poudre River and the South Platte River. Applicant is seeking a permanent plan for augmentation to replace the out-of-priority depletions in time, place and amount so as to prevent injury to vested senior water rights. Applicant intends to deliver the New Cache water rights to recharge facilities described in the Lower Poudre Augmentation Plan pursuant to an agreement between Applicant, LPAC, New Cache and CLP Reservoir. Said agreement entitles CSU to a portion of the fully consumable recharge credits generated. CSU will use its portion of the credits generated to replace depletions for the pumping of the Wells. CSU reserves the right to reuse, successively use, lease or convey any credits to which it is entitled in excess of that necessary to replace depletions from the Wells. The timing of delayed depletions associated with the pumping of the Wells will be computed by the alluvial aquifer option based on the Glover equation of the CSU Integrated Decision Support Group's AWAS (Alluvial Water Accounting System). Applicant’s engineers have estimated that the pumping of the Wells for the purposes described herein will result in up to 20 acre feet of depletions. Given the location of the Wells and the nature of the aquifer, Applicant’s engineers estimate that this pumping will result in a maximum steady state depletion obligation of 1.67 acre feet per month on an ongoing basis. Applicant is not now claiming credit for the return flows from the unconsumed portion of the water pumped (it proposes to replace the entire amount pumped from the Wells), but reserves the right to do so in a future case. Applicant will meter the pumping of the Wells and report said pumping to the Division Engineer, at such times as the Division Engineer may require, together with the depletions accounting and any other information reasonably required by the Division Engineer to assure that other water rights are protected from legal injury by this plan for augmentation. The foregoing statements in this application concerning the proposed change of use of the subject water rights and the statement of the plan for augmentation are provided to comply with the statutory requirements. Applicants recognize that further and different requirements may be imposed, and that the engineering assumptions and methodology may be refined or revised as this case proceeds, and that Applicants may adopt different engineering assumptions and/or methodologies acceptable to the court. 16. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water will be stored, including any modification to the existing storage pool: United States, U.S. Department of Agriculture, Office of the Director, Facilities Division; Mail Stop 5123, 5601 Sunnyside Avenue, Beltsville, Maryland 20705-5123; New Cache La Poudre Irrigating Company, Cache La Poudre Reservoir Company and Lower Poudre Augmentation Company, Attn: Don Magnuson, 33040 Railroad Avenue, Lucerne, CO 80646. 08CW78 WALTER AND CHERYL DENOYELLES, 413 w. Easter Ave, Littleton, CO 80120. Telephone: (303) 794-8071. APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Name of structure: deNoyelles Well. Date of original decree: April 26, 2002 in case no. 96CW1160 in Water Division 1. Legal description: SW1/4, SW1/4, S14, T9S, R75W of the 6th PM at a distance 150 feet from South and 500 feet from West. Street address: 700 Turk Pony Way. Subdivision: Indian Mountain, Lot 47. Source: groundwater. Appropriation date: May 31, 1973. Amount: .033 CFS (15 gpm). Use: Single dwelling house. Intend to develop.

08CW79 STEPHEN AND BRENDA PAUL, 820 E. HEARTSTRONG ST., SUPERIOR, CO 80027. Telephone: (303) 494-9363. APPLICATION TO MAKE ABSOLUTE IN PARK COUNTY. Name of structure: The Paul Well. Date of original decree: April 16, 2002 in case no. 96CW1159 in Water Division 1. Legal description: NE1/4, NW1/4, S22, T9S, R75W of the 6th PM at a distance 789 feet from South and 2862 feet from East. Street address: 1100 Apache Trail. Subdivision: Indian Mountain, Lot 52, Filing 6. Source: Groundwater. Appropriation date: May 31, 1973. Amount: .033 cfs (15 gpm). Use: Household use only in a single family dwelling not including irrigation. The return flow from such uses shall be returned to the same system in which the well is located. Depth: 400 ft. Well was drilled and completed on 11/06/06 for a cost of $10,000, by our builder, Michael Milligan. The well permit is 65020-F. The well is connected to a single family dwelling and is for household use only. If claim to make absolute date water applied to beneficial use: 11/06/06. Amount: 1 gpm. Use: Household use only in a single family dwelling, no irrigation. 08CW80 TOMMY AND MARY LEE WILSON, 8571 CIRCLE DR., WESTMINSTER, CO 80031. Telephone: (303) 428-4918. APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Name of structure: Wilson well. Date of original decree: 04-26-02 in case no. 96CW930 in Water Division 1. Legal description: NE1/4, SW1/4, S10, T9S, R75W of the 6th PM at a distance 1500 feet from South and 1800 feet from West. Street address: 140 Buckhorn Rd. Subdivision: Indian Mountain, Lot 247, Filing 26. Source: groundwater. Appropriation date: May 31, 1973. Amount: .033 cfs (15 gpm) conditional. Use: Household use only in a single family dwelling not including irrigation. The return flow from such uses shall be returned to the same stream system in which the well is located. Depth: Not known. Nothing to date. Well would be for future use. 08CW81 PETER AND AUDREY SHORT, 2221 SAVAGE RD., ELIZABETH, CO 80107. Telephone: (703) 342-8696. APPLICATION FOR UNDERGROUND WATER RIGHT IN ELBERT COUNTY. Short Family Well, permit 221552 located NE1/4, SW1/4, S36, T7S, R65W of the 6th PM at a distance 2537 feet from South and 1669 feet from West. Street Address: 2221 Savage Rd., Elizabeth, CO 80107. Western Country Ranches subdivision, Lot 100. Source: Groundwater. Depth: 490 feet. Date of appropriation: October 9, 1999. How appropriation was initiated: Well permit for new home site. Date water applied to beneficial use: January 1, 2000. Amount claimed: 10 gpm Absolute. Lower Dawson aquifer. Amount claimed in acre feet annually: 0.17. Area of lawns and gardens irrigated: Approx. 2700 sq ft currently, 6000 sq ft maximum allowed. Non-irrigation use: Household use for home which currently has two and one half baths, plus irrigation for 1800 sq feet of lawn and approximately 900 square feet of landscaping. No livestock, although neighborhood codes and covenants allow for two horses to be kept and watered, along with a maximum of 6000 square feet of lawn and garden to be irrigated. No swimming pool allowed. Basement is currently unfinished, house has potential for one more added bathroom. 08CW82 THE CITY OF THORNTON, Colorado, c/o Emily P. Hunt, 12450 Washington Street, Thornton, Colorado 80241, (303) 538-7360. Application for storage rights, plan for augmentation including exchange, and for adjudication of lawn irrigation return flows IN ADAMS, DENVER AND WELD COUNTIES. David C. Taussig, Matthew Merrill, White & Jankowski, LLP, 511 Sixteenth Street, #500, Denver, Colorado 80202, (303) 595-9441. 2. Introductory Remarks. Applicant, the City of Thornton owns and operates an integrated municipal water and sewer system supplying water and sewer service to those within its service area as it now exists and as it may grow in the future, and to those with contracts for water supply service. As part of its conservation planning, Thornton has and is embarking on a program to develop alternative sources of water for non-potable irrigation purposes on its parks, ball fields

and other public spaces. Additionally, during the past several years the City has acquired ponds and reservoirs through the development process which may store water out-of-priority from storm water events and other flows. Thornton intends to use this out-of-priority water stored in some of these ponds for non-potable irrigation of nearby city property and to augment these out-of-priority depletions with a plan for augmentation sought to be approved in this application. Thornton also irrigates some parks with water from nontributary wells in the Lower Arapahoe aquifer that is also stored in some of the ponds. The augmentation component of this application seeks to include Thornton’s 2% statutory replacement obligation in the plan for augmentation. Thornton seeks to adjudicate and quantify the lawn irrigation return flow credits for the fully consumable raw (non-potable) water that is used for irrigation of these parks and on the Thorncreek Golf Course. (Thornton’s lawn irrigation return flows from its treated water system were adjudicated in Thornton’s Northern Project, consolidated Case Nos. 86CW104, 86CW402, 86CW403 and 87CW333 and are not involved in this application). Finally, Thornton seeks the ability to add additional ponds, non-potable irrigation of additional parks, and the quantification of lawn irrigation return flows using non-potable supplies at those parks to this application under the same terms and conditions decreed herein. A general location map showing the ponds and parks is attached as Exhibit A to the Application. a. Water Storage Component. Thornton owns or controls twenty two ponds and reservoirs, both on-channel and off-channel. Exhibit B attached hereto describes the various characteristics of the ponds. These ponds are supplied with varying combinations of water from three primary sources: shares in mutual ditch companies that have been changed, nontributary wells, and diverted water or intercepted stormwater. Thornton seeks storage rights for sixteen of these ponds. b. Augmentation Component. This part of the plan involves the determination of the amount of out-of-priority depletions associated with the water storage in Thornton’s ponds and the use of water stored out of priority for non-potable irrigation and other uses. So as to prevent injury to other water rights, this augmentation plan will replace the out-of-priority depletions in timing, location, and amount with substitute supplies of water that are decreed for reuse and augmentation. The plan will also satisfy the statutory 2% relinquishment obligation for water pumped from Thornton’s non-tributary wells that serve the ponds and nearby park and recreation lands. c. Lawn Irrigation Return Flow Component. A portion of the water that will be applied for non-potable irrigation use on Thornton’s parks and golf course will be fully consumable. Accordingly, Thornton seeks to quantify and claim credits for return flows from that irrigation of 17% groundwater component and 2% of surface water returns. 3. Claim for Storage Rights Introduction. As part of ongoing development in recent years, the City of Thornton has acquired ponds and reservoirs that store water out of priority. Thornton is also in the design process for several new ponds. Some of these ponds are filled with water from nontributary wells and stormwater, as well as Thornton’s ditch company shares from previous change decrees. Thornton seeks the following absolute and conditional storage rights for sixteen of those ponds that are capable of storing storm water flows and other stream flows that do not already have a decree. 4. Storage Rights for Thornton’s Ponds. The particular elements for these appropriations for those 16 ponds are as follows: a. Aylor Ponds (7 ponds). i. Location: SE 1/4 of Section 20, T. 1 S., R. 67 W., 6th P.M., Adams County, Colorado. ii. Source: Unnamed tributary of Brantner Gulch. iii. Date of appropriation: April 22, 2008. iv. Amount: 32 acre-feet (“AF”) (absolute). v. Uses: Municipal uses, including, but not limited to, watering of parks, lawns, gardens and other public spaces, irrigation, agricultural, recreation, piscatorial, wildlife preservation, lake and reservoir evaporation, fire protection, street sprinkling, and aesthetic purposes and for replacement, adjustment and regulation of Thornton’s storage and delivery systems, and those of its users, among themselves and with others. Thornton may divert, store and use the water directly, by and for exchange, augmentation, substitution, replacement or otherwise, as may be appropriate to maximize its lawful use. Thornton may reuse, successively use, dispose of, and/or otherwise apply all water to extinction. The return flow discharged or released by Thornton attributable to the exercise of this right shall have associated with it the

same rights of use, reuse, successive use and disposition. The water may be placed to use within the Thornton service area as it now exists or may exist in the future. b. Grandview Ponds (Nos. 1, 2, 3). i. Grandview Ponds are located in the NW 1/4 of Section 18, T. 2 S., R. 67 W., 6th P.M., Adams County, Colorado. ii. Source: Unnamed tributary to Grange Hall Creek. iii. Date of appropriation: As stated in ¶ 4.a.iii, above. iv. Amount: 9.12 AF (absolute). v. Uses: As stated in ¶ 4.a.v, above. c. Grange Creek Park Pond. i. Grange Creek Park Pond is located in the NW 1/4 of Section 7, T. 2 S., R. 67 W., 6th P.M., Adams County, Colorado. ii. Source: Unnamed tributary to Grange Hall Creek. iii. Date of appropriation: As stated in ¶ 4.a.iii, above. iv. Amount: 2 AF (absolute). v. Uses: As stated in ¶ 4.a.v, above. d. Lamberston Lakes Nos. 1, 2, and 3. i. Lambertson Lakes are located in the N 1/2 of Section 14, T. 2 S., R. 68 W., 6th P.M., Adams County, Colorado. ii. Source: Grange Hall Creek (a.k.a. Brewers Gulch). iii. Date of appropriation: As stated in ¶ 4.a.iii, above. iv. Amount: 52 AF (absolute). v. Uses: As stated in ¶ 4.a.v, above. e. Marshall Lake. i. Marshall Lake is located in the NW 1/4 of Section 29, T. 1 S., R. 67 W., 6th P.M., Adams County, Colorado. ii. Source: Brantner Gulch. iii. Date of appropriation: As stated in ¶ 4.a.iii, above. iv. Amount: 29.9 AF (absolute). v. Uses: As stated in ¶ 4.a.v, above. f. Recreation Center Pond. i. The Recreation Center Pond to be located in the NE 1/4 of Section 12, T. 2 S., R. 68 W., 6th P.M., Adams County, Colorado. ii. Source: Unnamed tributary of Grange Hall Creek. iii. Date of appropriation: As stated in ¶ 4.a.iii, above. iv. Amount: 65 AF (conditional). v. Uses: As stated in ¶ 4.a.v, above. 5. Further remarks pertaining to storage right appropriations. a. With respect to the conditional claim stated above, Thornton claims the right to confirm additional amounts as absolute, without further notice or publication, based on its exercise of the subject water rights from the date of their appropriation up to the time of any hearing in these proceedings. b. Thornton also seeks the ability to add additional ponds to be augmented under this plan upon terms and conditions that the court may decree. 6. Plan for Augmentation Including Exchange Introduction. This part of the claim is for approval of a plan for augmentation including exchange to satisfy Thornton’s replacement obligations with respect to the out-of-priority storage of water in the ponds for which junior storage rights are claimed in paragraph 4 above and three additional ponds that have existing decrees. In general, Thornton will record inflows that it impounds in its ponds and provide augmentation water back to the river in timing, location and amount to replace the out-of-priority storage in a manner so that senior appropriators are not injured. Thornton may also pump water from nontributary wells into the ponds for subsequent irrigation use, and this plan will also satisfy Thornton’s 2% release obligation arising from use of its nontributary wells. Thornton will record the amount of water pumped from these nontributary wells and 2% of the total nontributary water pumped will be released to the stream system from Thornton’s augmentation supplies. 7. Name of Structures to be Augmented. a. Each of the structures described above in paragraphs 4.a – 4.f. b. Civic Center Lake (aka Croke Reservoir No. 12), decreed in CA 60052, and changed by Thornton in Consolidated Cases No. 90CW228 and 91CW70, located in the S 1/2 of Section 15, T. 2 S., R. 68 W., 6th P.M., Adams County, Colorado. c. Eastlake Reservoir No. 3 (aka Eastlake Reservoir No. 2), decreed in CA 60052, and changed by Thornton in Consolidated Cases No. 90CW228 and 91CW70, located in the NW 1/4, Section 36, T. 1 S., R. 68 W., 6th P.M., Adams County, Colorado. d. Hunter’s Glen Reservoir (aka Poitz Reservoir), decreed in CA 60052, and changed by Thornton in Consolidated Cases No. 90CW228 and 91CW70, located in the SW 1/4 of Section 26, T. 1 S., R. 68 W., 6th P.M., Adams County, Colorado. e. Thornton’s Non-tributary wells that serve or may serve the ponds and parks and fields that are included in this application as to the statutory 2% relinquishment component only: i. Grange Creek Well GC-1 (Permit 59483-F). (1) Legal Description: SW 1/4 NW 1/4, Section 7, T. 2 S., R. 67 W., 6th P.M., 2,350 ft. from N section line, 800 ft. from W section line. (2) Source and Depth: Lower Arapahoe Aquifer, to a depth of 555 feet. (3) Amount: 150 gallons per minute (“GPM”); 1,885 acre-feet/year in combination with additional wells for this permit. (4) Uses: As stated in ¶ 4.a.v, above. (5) Findings of the State Engineer: Dated April 27, 2003, finding among other things, that

Thornton claimed the water underlying 14,241 acres of land in Adams County, Colorado pursuant to its Deemed Consent Ordinance No. 2759, adopted February 25, 2003. After reductions, the State Engineer found 1,885 acre-feet of water available for appropriation on an average annual basis in the Lower Arapahoe Aquifer. Approved as an expansion of Permit No. 59101-F, and Permit No. 59101-F was cancelled. ii. Community Park Well No. 1 CP-1 (Permit 59706-F). (1) Legal Description: NW 1/4 NW 1/4, Section 24, T. 2 S., R. 68 W., 6th P.M., 687 ft. from N section line, 548 ft. from W section line. (2) Source and Depth: Lower Arapahoe Aquifer, to a depth of 675 feet. (3) Amount: 150 GPM; 1,885 acre-feet/year in combination with additional wells for Permit No. 59483-F. (4) Uses: As stated in ¶ 4.a.v, above. (5) Findings of the State Engineer: Dated April 7, 2003. Approved as an expansion of Permit No. 59386-F, and Permit No. 59386-F was cancelled. iii. Community Park Well No. 2 CP-2 (Permit 59707-F). (1) Legal Description: NE 1/4 NE 1/4, Section 23, T. 2 S., R. 68 W., 6th P.M., 153 ft. from N section line, 637 ft. from E section line. (2) Source and Depth: Lower Arapahoe Aquifer, to a depth of 705 feet. (3) Amount: 150 GPM; 1,885 acre-feet/year in combination with additional wells for Permit No. 59483-F. (4) Uses: As stated in ¶ 4.a.v, above. (5) Findings of the State Engineer: Dated April 7, 2003. Approved as an expansion of Permit No. 59385-F, and Permit No. 59385-F was cancelled. iv. Recreation Center Well No. 1 RC-1 (Permit 59708-F). (1) Legal Description: NW 1/4 NE 1/4, Section 12, T. 2 S., R. 68 W., 6th P.M., 464 ft. from N section line, 1,335 ft. from E section line. (2) Source and Depth: Lower Arapahoe Aquifer, to a depth of 570 feet. (3) Amount: 150 GPM; 1,885 acre-feet/year in combination with additional wells for Permit No. 59483-F. (4) Uses: As stated in ¶ 4.a.v, above. (5) Findings of the State Engineer: Dated April 7, 2003. Approved as an expansion of Permit No. 59395-F, and Permit No. 59395-F was cancelled. Permit was amended as well was constructed 300 feet north of the permitted location. The legal description above describes where the well is located. v. Recreation Center Well No. 2 RC-2 (Permit 59709-F). (1) Legal Description: NE 1/4 NE 1/4, Section 12, T. 2 S., R. 68 W., 6th P.M., 1,251 ft. from N. section line, 688 ft. from E section line. (2) Source and Depth: Lower Arapahoe Aquifer, to a depth of 550 feet. (3) Amount: 150 GPM; 1,885 acre-feet/year in combination with additional wells for Permit No. 59483-F. (4) Uses: As stated in ¶ 4.a.v, above. (5) Findings of the State Engineer: Dated April 7, 2003. Approved as an expansion of Permit No. 59397-F, and Permit No. 59397-F was cancelled. vi. Recreation Center Well No. 3 RC-3 (Permit 59710-F). (1) Legal Description: SW 1/4 NE 1/4, Section 12, T. 2 S., R. 68 W., 6th P.M., 2,278 ft. from N section line, 1,541 ft. from E section line. (2) Source and Depth: Lower Arapahoe Aquifer, to a depth of 600 feet. (3) Amount: 150 GPM; 1,885 acre-feet/year in combination with additional wells for Permit No. 59483-F. (4) Uses: As stated in ¶ 4.a.v, above. (5) Findings of the State Engineer: Dated April 7, 2003. Approved as an expansion of Permit No. 59399-F, and Permit No. 59399-F was cancelled. vii. Woodglen/Brookshire Well No. 1 WB-1 (Permit 59711-F). (1) Legal Description: SE 1/4 NW 1/4, Section 1, T. 2 S., R. 68 W., 6th P.M., 2,157 ft. from N section line, 1,860 ft. from W section line. (2) Source and Depth: Lower Arapahoe Aquifer, to a depth of 505 feet. (3) Amount: 150 GPM; 1,885 acre-feet/year in combination with additional wells for Permit No. 59483-F. (4) Uses: As stated in ¶ 4.a.v, above. (5) Findings of the State Engineer: Approved as an expansion of Permit No. 59254-F, and Permit No. 59254-F was cancelled. Approved as an additional well to Permit No. 59483-F. viii. Woodglen/Brookshire Well No. 2 WB-2 (Permit 59712-F). (1) Legal Description: NW 1/4 SE 1/4, Section 1, T. 2 S., R. 68 W., 6th P.M., 2,286 ft. from S section line, 1,833 ft. from E section line. (2) Source and Depth: Lower Arapahoe Aquifer, to a depth of 620 feet. (3) Amount: 150 GPM; 1,885 acre-feet/year in combination with additional wells for Permit No. 59483-F. (4) Uses: As stated in ¶ 4.a.v, above. (5) Findings of the State Engineer: Approved as an expansion of Permit No. 59253-F, and Permit No. 59253-F was cancelled. Approved as an additional well to Permit No. 59483-F. 8. Source of Water Rights to be Used for Augmentation. Thornton owns a large portfolio of water rights and has the contract right to use other sources of water. The City maintains water accounting to distinguish those sources that are available for use for augmentation, such as in this augmentation

plan, and those which are not. The reusable water in Thornton's portfolio may be used on a first use basis or following other uses. These sources of augmentation water are used under a number of the City's decrees depending upon Thornton's then-occurring needs and operations. Accordingly, these sources are not dedicated exclusively to this plan for augmentation, but are available for use under this plan pursuant to the terms and conditions of this decree. More particularly the sources of water that will be used in this plan can be broken down into sources derived based on Thornton's decrees and those it is entitled to use pursuant to contract, as follows: a. List of Water Rights. Attached as Exhibit C is a list of Thornton water rights to be used for augmentation purposes pursuant to this decree. These sources generally include the consumptive use attributable to changed irrigation rights in the South Platte Basin, transmountain sources, nontributary rights, and water rights that have been originally decreed for augmentation purposes, including lawn irrigation return flows generated by the exercise of such rights in accordance with the decree in Consolidated Cases 86CW401, etc., Water Division 1. Some of the sources on the list are single use water rights denoted by footnote 2. They are decreed for augmentation purposes, but the water is not reusable. b. Unchanged Shares in Ditch Companies. Thornton has acquired additional shares in certain ditch companies. The underlying water right decrees for these shares are also identified on Exhibit C. Some of these shares are included in pending applications to change their use. Change applications for other shares have not yet been filed, and they are denoted on the list by footnote 1. After change decrees have been entered for these unchanged shares, but not before, these ditch shares will be available for use as augmentation sources herein; provided, however, that Thornton may also use these unchanged shares for augmentation purposes herein if they are pending change in a water court application and Thornton obtains approval from the SEO to use the unchanged shares on a temporary basis for augmentation purposes under the procedures set forth in C.R.S. § 37-92-308 as it may be amended. c. Subject Water Rights. The water rights described in paragraph 4 and 7.b – 7.e above. d. Contract Supplies. Thornton has available to it by agreements with other water users the following additional sources that will be used in this plan for augmentation. i. Coors. Under an agreement dated December 23, 1996, Thornton has the right to deliveries from Coors of up to 600 AF of reusable water per year at a rate not to exceed 2.5 cubic feet per second (“cfs”). ii. Westminster. Under an agreement dated January 7, 1982, Thornton has the right to deliveries from Westminster of up to 500 AF of reusable water per year at a rate not to exceed 4 cfs. iii. Public Service Company. Under an agreement dated May 13, 1994, Thornton has the right to deliveries from Public Service Company of 71 AF of fully consumable water per year at a rate not to exceed 1 cfs. iv. Westminster. Under an agreement dated October 10, 1990, Thornton receives reusable water that is booked over from Westminster to Thornton in Standley Lake of variable pro rata amount of up to 375 AF per year. v. Consolidated Mutual Water Co. Under an agreement dated October 17, 1997, Thornton has the right to receive deliveries of reusable water up to 120 AF per year at a rate not to exceed 50 cfs. vi. Aurora. Under an agreement dated May 20, 2003, Thornton has the right to receive deliveries of reusable water from Aurora in an amount of 7,883 AF per year. vii. Arvada. Under an agreement dated October 16, 2006, Thornton has the right to receive deliveries of reusable water from Arvada up to a maximum rate of 12 cfs between April 1 and October 31. e. Additional Sources. Thornton will also use as augmentation supplies any other water rights or sources of water that Thornton then owns or controls, provided that they are decreed for augmentation purposes. These sources may include consumptive use attributable to changed irrigation water rights, trans-mountain water, developed water, or decreed nontributary groundwater provided that Thornton can make such supplies available at the locations, at the time, and in the amount necessary to prevent injury. 9. Statement of Plan for Augmentation. Thornton will operate the storage rights described in paragraphs 4.a and 7.b – 7.d when they are in priority. Thornton will perform daily accounting of all water stored. It will release water from its augmentation supplies to replace depletions caused by the out-of-priority storage in time, location and amount as necessary to prevent injury to other water users.

Thornton will account for the water pumped from its deep wells described in paragraph 7.e and release water from its augmentation supplies amounting to 2% of the total water pumped from these wells. a. Location of Augmentation Water Releases. The majority of the augmentation water will be discharged from the Metropolitan Wastewater Reclamation District outfall, the location of which is described below. Depending, however, upon the derivation of source of the augmentation water, the provision of augmentation water pursuant to this augmentation plan will also be provided from any of the following locations, but in each instance above the downstream calling water right: i. Metropolitan Waste Water Reclamation District Outfall, presently located in the SE 1/4 of the SW 1/4 of Section 1, T. 3 S., R. 68 W., 6th P.M., Adams County Colorado or any such similar facility at which Thornton’s treated effluent is discharged in the future. ii. The confluence of Sand Creek and the South Platte River located in the SE 1/4 of the SW 1/4 of Section 1 T. 3 S., R. 68 W., 6th P.M., Adams County Colorado. iii. The confluence of Clear Creek and the South Platte River located in the SW 1/4 of the SE 1/4 of Section 36 T. 2 S., R. 68 W., 6th P.M., Adams County Colorado. iv. The confluence of Grange Hall Creek and the South Platte River located in the E 1/2 of the SE 1/4 of Section 8, T. 2 S., R. 67 W., 6th P.M., Adams County, Colorado. v. The confluence of Brantner Gulch and the South Platte River located in the NW 1/4 of Section 26, T. 1 S. R. 67 W., 6th P.M., Adams County, Colorado. vi. The confluence of Big Dry Creek and the South Platte River located in the NW 1/4 of the NW 1/4 of Section 7, T. 1 N., R. 66 W., 6th P.M., Weld County Colorado. vii. The confluence of Cherry Creek and the South Platte River located in the NE 1/4 of the NW 1/4, Section 33, T. 3 S., R. 68 W., 6th P.M., Denver County, Colorado. viii. At the three locations for Thornton’s taking credits for lawn irrigation return flows specified in paragraph 63.5.3 of the decree in Consolidated Cases 86CW401, etc. ix. At the locations were Thornton plans to take lawn irrigation return flow credits under this application, as described in paragraphs 13.a – 13.h and 16. x. Any other location that augmentation water can be released above the downstream calling water right in a manner so as to prevent injury. 10. Exchange Components of Plan. When the replacement water is provided below the point of diversion and place of storage in the ponds, the plan for augmentation will include an element of an exchange, for which Thornton seeks confirmation of an appropriation date of April 22, 2008, through the following reaches and in the following conditional amounts: a. From the confluence of Grange Hall Creek and the South Platte River, up Grange Hall and its unnamed tributaries: i. To Grandview Ponds in the amount of 1.5 cfs; ii. To Lambertson Lakes in the amount of 8.7 cfs; iii. To Civic Center Lake in the amount of 16.5 cfs; iv. To Grange Creek Park Pond in the amount of .3 cfs; and v. To Recreation Center Pond in the amount of 10.9 cfs. b. From the confluence of Brantner Gulch and the South Platte River, up Brantner Gulch and its unnamed tributaries: i. To Aylor Ponds in the amount of 5.4 cfs; ii. To Marshall Lakes in the amount of 5.0 cfs; and iii. To Eastlake No. 3 in the amount of 16.3 cfs. c. From the confluence of Big Dry Creek and the South Platte River up Big Dry Creek to Hunter’s Glen Pond in the amount of 27.8 cfs. d. From confluence of Big Dry Creek and South Platte River up the South Platte River to points described in paragraphs 10.a.i – 10.a.v and 10.b.i – 10.b.iii. 11. Remarks. a. Consistent with the requirement for release of storm water flows within a three (3) day period (72 hours), Thornton proposes to either release storm water or to augment out of priority storage of storm water over a three day period after the storm event. b. As additional ponds are brought into the City’s boundaries, Thornton seeks the ability to include those additional ponds to be augmented under this program under terms and conditions of the court’s decree herein. c. Although the wells listed as sources to be augmented herein (¶ 7.e) are not tributary to any natural stream and are not subject to priority administration, the use of water from these wells carries a 2% statutory relinquishment obligation that Thornton seeks to fulfill through release of augmentation supplies under this plan. If additional nontributary wells are drilled, Thornton seeks the right to satisfy the 2% relinquishment obligations for those wells as part of this plan. Thornton also reserves the right to adjudicate any nontributary and not nontributary groundwater in the Denver Basin Formations that it may now claim or may have the right to withdraw and use

in the future. 12. Claim for Lawn Irrigation Return Flows from City Parks Introduction. Thornton uses, or plans to use, the water in some of its ponds to irrigate nearby municipal property. The water stored in these ponds comes from various sources, all of which are deemed fully consumable, such as changed shares in mutual ditch companies for which return flows have been made, water stored in priority under this application, water stored out of priority but augmented under this application, or nontributary groundwater. 13. Locations of Irrigation of City Parks for Which Return Flows are Claimed: Thornton irrigates the following described parks and surrounding or nearby municipal property from the following ponds in Adams County, Colorado: a. Community Park located in the NE 1/4, Section 23, T. 2 S., R. 68 W., 6th P.M. and the NW 1/4, Section 24, T. 2 S., R. 68 W., 6th P.M., supplied with water from Community Park Pond, located in the NW 1/4 of Section 24, T. 2 S., R. 68 W., 6th P.M. b. Civic Center Park located the S 1/2 of Section 15, T. 2 S., R. 68 W., 6th P.M., supplied with water from Civic Center Lake (a.k.a. Croke Reservoir No. 12, Croke and Badding Reservoirs), the location of which is described above. c. Grange Creek Park located in the NW 1/4 of Section 7, T. 2 S., R. 67 W., 6th P.M. supplied with water from Grange Creek Park Pond, the location of which is described above. d. Hunter’s Glen Park located in SW 1/4 of Section 26, T. 1 S., R. 68 W., 6th P.M. supplied with water from Hunter’s Glen Reservoir (a.k.a. Poitz Reservoir), the location of which is described above. e. Cherry Park located in the SW 1/4 of Section 6, T. 2 S., R. 67 W., 6th P.M. supplied with water from Nott Pond, located in the NW 1/4 of Section 6, T. 2 S., R. 67 W., 6th P.M. f. Recreation Center located in NE 1/4 of Section 12, T. 2 S., R. 68 W., 6th P.M., supplied with water from Recreation Center Pond, the location of which is described above. g. Woodglen/Brookshire Park located in NW1/4 SE 1/4, NE 1/4 SW 1/4, and SE 1/4 NW 1/4 of Section 1, T. 2 S., R. 68 W., 6th P.M. supplied with water from Woodglen/Brookshire Pond, to be located in E 1/2 of Section 1, T. 2 S., R. 68 W., 6th P.M. h. Thornton Sports Complex located in the NW 1/4 of Section 17, T. 2 S., R. 67 W., 6th P.M. to be supplied with water from West Cooley Gravel Pit located in the N 1/2 of Section 17, T. 2 S. R. 67 W., 6th P.M. 14. Description of Quantification of LIRF. Irrigation at the parks is performed using underground sprinklers. Irrigation efficiency was assumed to be approximately 81%. A study was conducted in 1991 (LIRF Report) to support the establishment of LIRFs for Thornton’s Northern Water Supply Project (Spronk Water Engineers, 1991). While this study focused on LIRFs resulting from domestic outdoor water use using treated water, it also applied to irrigation use at commercial, industrial, and park sites with treated water. The results of this study were that average monthly deep percolation rates on park lands ranged from 17% to 31% of the water applied. The decree associated with the Northern Water Supply Project (Consolidated Cases No, 86CW401, 86CW402, 86CW403, 87CW332) includes a lawn irrigation efficiency of 81%. The decree terms provide that, of the 19% of lawn irrigation water that is not consumed, 17% occurs as deep percolation and 2% occurs as surface return flows. Thornton proposes to adopt these return flow percentages. Through the accounting procedure set forth below, Thornton will maintain sufficient dominion over the reusable portion of those LIRFs that they may be used as substitute supply. a. On a monthly basis, the amount of fully consumable water used on each of these lands will be computed as the sum of all metered usage of irrigation water. b. Two percent (2%) of the volume of fully consumable water applied will be credited as an augmentation supply resulting from surface runoff to be used as substitute supply. c. Seventeen percent (17%) of the volume of fully consumable water applied will be credited as augmentation supply resulting from deep percolation. The amount of deep percolation from each irrigated area will be multiplied by Glover lagging factors to determine the lagged timing of return flows to the South Platte River or Big Dry Creek. d. Accounting forms and procedures approved by the Division Engineer will be used to record the amount of reusable return flow accruing to the South Platte River and Big Dry Creek on a monthly basis attributable to park land irrigation in previous months.15. Claim for Lawn Irrigation Return Flows from Thorncreek Golf Course Introduction. The City uses two sources of water to irrigate the Thorncreek Golf Course. Each source of water is metered

separately. Greens are irrigated using treated water from Thornton’s municipal water system. The source of water for all other irrigated areas at the golf course is a diversion from Big Dry Creek taken under a direct flow water right and an exchange decreed in Case No. 87CW333. In paragraph 30 of the decree in Case No. 87CW333, Thornton reserved the right to claim LIRFs for reusable water applied to the Golf Course by exchange. The City’s accounting will document the amount of fully consumable water applied for irrigation and the LIRFs resulting from this irrigation. 16. Location of Golf Course Lands For Which LIRFs Are Claimed: E 1/2 of Section 27 and N 1/2 of Section 26, T. 1 S., R. 68 W., 6th P.M., Adams County, CO. 17. Description of Quantification of LIRF. Water diverted under the exchange in Case No. 87CW333 is stored in ponds at the golf course until it can be used for irrigation. The fully consumable water that is diverted under this exchange and applied to the golf course for irrigation will generate LIRFs in the same manner as described above for park lands. The LIRFs accrue to Big Dry Creek. Thornton’s accounting will document the amount of fully consumable water applied for irrigation and the LIRFs resulting from this irrigation. Single use water diverted under the direct flow water right and applied for irrigation will not be claimed as LIRFs. Similarly, LIRFs will not be claimed under this plan for the irrigation of greens using treated water from the municipal system. Through the accounting procedure set forth below, Thornton will maintain sufficient dominion over the reusable portion of those LIRFs that they may be used as substitute supply. a. Thornton will account for the portion of fully consumable water applied to the golf course. The golf course currently receives water from three sources. The greens are irrigated with treated water, and are not included in this application. The remainder of the golf course is irrigated with direct diversions from Big Dry Creek, either in-priority or by exchange. When the Big Dry Creek right is out-of-priority, Thornton irrigates using exchanges from the release of water from the Metro waste water treatment plant described in paragraph 9.a.i. A portion of this effluent owned by Thornton is fully consumable, and Thornton maintains daily accounting of the fully consumable proportion of Metro effluent. This fully consumable effluent used to irrigate by exchange is the subject of this application for LIRFs. b. On a monthly basis, the amount of fully consumable water used on the golf course will be computed as follows: Thornton will sum the amount of fully consumable Metro effluent for each day that the effluent is applied by exchange to the golf course using the daily exchange accounting described in sub-paragraph a, above. c. Two percent (2%) of the volume of fully consumable water applied will be credited as an augmentation supply resulting from surface runoff to be used as substitute supply. d. Seventeen percent (17%) of the volume of fully consumable water applied will be credited as augmentation supply resulting from deep percolation. The amount of deep percolation from each irrigated area will be multiplied by Glover lagging factors to determine the lagged timing of return flows to Big Dry Creek. e. Accounting forms and procedures approved by the Division Engineer will be used to record the amount of reusable return flow accruing to Big Dry Creek on a monthly basis attributable to golf course irrigation in previous months. 18. Remarks. Thornton seeks the ability to add additional parks or golf courses to this plan and claim lawn irrigation return flows resulting for application of reusable water to those lands under terms and conditions that the court may decree herein. 19. Name and address of owners of land on which the structures in this application are or will be located, and upon which water is or will be placed to beneficial use. On information and belief, the City of Thornton owns the land upon which the ponds, wells, and other structures above will be located, and upon which the water will be used, except for Eastlake Reservoir No. 3, which is owned by the Eastlake Water Company (address below). Eastlake Water Company, Attn: Mary Hull, President, 12450 Washington Street, Thornton, Colorado 80241-2405. WHEREFORE, The City of Thornton requests the entry of a decree approving this Application. (16 pages; and 3 exhibits totaling 22 pages). 08CW83 WILLIAM R. SCHNEIDEWIND, 135 CRADLEBOARD CT., S.S.A.-10, JEFFERSON, CO 80456. Telephone: (719) 836-2822. APPLICATION FOR

UNDERGROUND WATER RIGHT IN PARK COUNTY. Well, permit #055759-F, located NE1/4, SE1/4, S25, T9S, R75W of the 6th PM at a distance 2500 feet from South and 1000 feet from East. Street address: 135 Cradleboard Ct. Subdivision: Indian Mountain, Lot 124, Filing 25. Source: Groundwater. Depth: 727. Date of appropriation: May 15, 2001. How appropriation was initiated: Obtained permit #055759-F. Date water applied to beneficial use: Nov. 11, 2001. Amount claimed: 1/2 gpm Absolute. Use: Household use only. 08CW84 LINDA THOLEN, 5020 S. COUNTY ROAD 3, FT. COLLINS, CO 80528. Telephone: (970) 493-7485. APPLICATION FOR UNDERGROUND WATER RIGHT IN LARIMER COUNTY. Well, permit 127803-A, located SW1/4, NW1/4, S1, T6N, R68W of the 6th PM at a distance 1980 feet from North and 219 feet from West. Street address: 5020 S. County Rd. 3, Ft, Collins, CO. Source: Aquifer. Depth: 25’. Date of appropriation: October 20, 1982. How appropriation was initiated: Well Permit. Date water applied to beneficial use: April 1983. Amount claimed: 38 gpm. Name of Aquifer: Alluyium. Amount claimed in acre feet annually: 3. Number of acres historically irrigated: 1. Total number of acres proposed to be irrigated: 1. Legal description of the land irrigated: A part of the SW1/4, of the NW1/4, S1, T6N, R68W of the 6th PM. Area of lawns and gardens irrigated: 1. 08CW85. Applicant: Obermeyer Hydro, Inc., c/o Henry Obermeyer, P.O. Box 668, Fort Collins, CO 80522. Please send all future pleadings and correspondence to Daniel K. Brown, Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Rd., Fort Collins, CO 80525. Application for Underground Water Right in LARIMER COUNTY.. 2. Name of well: Obermeyer Well 1 (the “Well”). The Well is currently registered with the State Engineer under Permit No. 255338-A issued as a domestic exempt well and limited to fire protection, ordinary household purposes, domestic and livestock watering, and irrigation of not more than 1 acre. Applicant is seeking a water right to allow the ground water pumped from the Well be used for irrigation, commercial (including sanitary and hand washing), industrial and fire protection uses. 3. Legal description of well: Located in the NW 1/4 of the NE 1/4 of Section 2, Township 9 North, Range 69 West, 6th P.M., at a distance of 5 feet from the north section line and 2224 feet from the east section line of said section 2; Northing: 4514755.5, Easting: 492903, NAD83, Zone 13. A map depicting the location of the Well is attached hereto as Figure 1. 4. Source: Ground water tributary to Box Elder Creek, a tributary to the Cache la Poudre River. 5. Depth: Approximately 35 feet. 6. Date of Appropriation: April 28, 2008, by formation of intent to appropriate coupled with overt acts constituting notice to third parties including but not limited to filing of this application. 7. Date water was applied to beneficial use: N/A. 8. Amount claimed: 50 gpm, conditional. 9. Proposed use: Irrigation, commercial (including sanitary and hand washing), industrial, irrigation, and fire protection. Application for Plan for Augmentation. 10. Name of structure to be augmented: The Well described above. Applicant also intends that this plan for augmentation include any replacement well(s) for the Well. Water rights to be used for augmentation: Applicant intends to enter into a temporary lease agreement with the East Larimer County Water District (“ELCO”) to utilize water from Sand Creek, a tributary to the Laramie River, to replace the depletions associated with the pumping of the Well. Such water is foreign to and imported into the Cache la Poudre River basin, and as such may be used, reused and successively used to extinction pursuant to C.R.S. §37-82-106. Applicant intends to use other augmentation water supplies that are, or become, legally suitable for augmentation use in this plan, and intends to propose procedures for inclusion of additional augmentation supplies, including the inclusion, on a temporary or permanent basis, of waters that have been decreed as fully consumable or are fully consumable by definition; waters that have been or are in the process of being decreed for augmentation purposes; leased water supplies; Colorado-Big Thompson Water (including by exchange) in accordance with the policies of the Northern Colorado Water Conservancy District; and water sources suitable for augmentation use in this plan pursuant to §37-92-308, C.R.S. and §37-92-

309, C.R.S. 11. Statement of plan for augmentation. Applicant operates a manufacturing facility (“Facility”) that constructs pneumatic spillway gates. The Facility is located approximately five miles northwest of the Town of Wellington. Water pumped from the Well will be used at the Facility for the uses stated in paragraph 9 above to supply water to the Facility and to irrigation of the grounds around the Facility. Pumping of the Well will result in depletions to the Box Elder Creek, a tributary of the Cache La Poudre River. Applicant’s engineers have estimated that projected gross pumping of the Well will result in approximately 0.347 acre feet of depletions annually. Given the location of the Well and the nature of the aquifer, Applicant’s engineers estimate that this pumping will result in steady state depletion of approximately 0.029 acre feet per month on an ongoing basis. Applicant will replace these depletions (by augmentation or exchange) by placing water into an on-site recharge pond and/or introducing water into the Box Elder and/or Cache La Poudre stream systems so as to replace out-of-priority depletions in time, amount and location. Applicant will meter the pumping of the Well and report said pumping to the Division Engineer, at such times as the Division Engineer may require, together with the depletions accounting and any other information reasonably required by the Division Engineer to assure that other water rights are protected from legal injury by this plan for augmentation. The foregoing statements in this application are provided to comply with the statutory notice requirements. Further and different requirements may be imposed, and engineering assumptions and methodology may be refined or revised as this case proceeds, and Applicants may adopt different engineering assumptions and/or methodologies acceptable to the court. 12. Names and addresses of owners of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant is the owner of the land upon which all structures are located and will be used.

08CW86 BILL HICKEY, 20 BOWEN ST, LONGMONT, CO 80501. Telephone: (303) 589-0183. APPLICATION TO MAKE ABSOLUTE IN LARIMER COUNTY. Name of structure: Eagle Pond No. 2, reservoir. Date of original decree: Sept. 1, 1991 in case no. 92CW121 in Water Division 1. Legal description: NW1/4, SE1/4, S32, T4N, R69W of the 6th PM at a distance 2140 feet from North and 2440 feet from West. Source: Little Thompson River. Appropriation date: Nov. 25, 1992. Amount: 13.2 acre feet. Use: Recreation, fish, propagation, livestock watering and the irrigation of approx. 8 acres. The area has been dug out to approximately 15 ft. in depth encompassing approx. 2 acres of area. If claim to make absolute: Date water applied to beneficial use: 04/30/2008. Amount: 13.2 acre ft. Use: Irrigation, recreation. Description of place of use where water is applied to beneficial use: 8 acres surrounding area.

08CW87 DEL Z. CARTER AND ETHEL L. CARTER, TRUSTEES OF THE DEL Z. CARTER AND ETHEL L. CARTER REVOCABLE TRUST DATED JANUARY 5, 1994, AND ANY AMENDMENTS THERETO. PO BOX 71, 24964 COUNTY ROAD 117, SIMLA, CO 80835. Telephone: (719) 541-2225. APPLICATION FOR WATER RIGHTS (SURFACE) IN ELBERT COUNTY. Name of structures: Carter Spring #8, located SW, SW, S33, T9S, R60W of the 6th PM at a distance 1200 Feet from South and 17 feet from West. Carter Spring #9, Carter Spring #10, Carter Spring #11, Carter Spring #12 all located SE, NE, S32, T9S, R60W of the 6th PM. Distance from section lines for Carter Spring #9, 2474 from North and 731 from East; Carter Spring #10, 2290 from North and 544 from East; Carter Spring #11, 1834 from North and 525 from East; Carter Spring #12, 1441 from North and 498 from East. Source: Reed springs Gulch, which is a tributary to the East Bijou creek, which is a tributary to the South Platte River. Date of initiation of appropriation: July 24, 2007. How appropriation was initiated: Bought land and springs on 07/24/07 and have used for livestock and wildlife. Date water applied to beneficial use: July 24, 2007. Amount claimed: Carter Springs #8, 4.0 gpm; Carter Springs #9, 2.0 gpm; Carter Springs #10, 2.0 gpm; Carter Springs #11, 2.0 gpm; Carter Springs

#12, 3.0 gpm. To quantify these amounts, water was bucketed out and timed how long it took to recharge. Completed by owners on 11-03-07. Use: Livestock and wildlife including cattle, horses and sheep.

08CW88 CC Open A, LLC, Karen McGill, Kathleen Osburn, Kerry Shaklee, Attn: Kerry Shaklee, 15782 Duquesne Circle, Brighton, CO 80603, Telephone: (303) 659-7848 through David A. Bailey (#13135), Carver Schwarz McNab & Bailey, LLC, 1600 Stout Street, Suite 1700, Denver, Colorado 80202 Telephone: (303) 893-1815, Fax: (303) 893-1829, dbailey@cksmb.com. APPLICATION FOR DETERMINATION OF NONTRIBUTARY AND NOT NONTRIBUTARY UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS IN WELD COUNTY. Well Permits: Well permits will be applied for prior to construction of the wells. Legal Description of Wells and Subject Property: The wells, which will withdraw groundwater from the nontributary Laramie-Fox Hills aquifer and the not nontributary Arapahoe aquifer located on approximately 848.5 acres of land located in the South Half of Section 24, in Section 25 and in the Northeast Quarter of Section 26, Township 2 North, Range 65 West and in the Northwest Quarter of Section 30, Township 2 North, Range 64 West, all of the Sixth Principal Meridian, County of Weld, State of Colorado, which is more particularly described on Exhibit A (Figure 1) attached hereto (the “Subject Property”). Source of Water: Applicants request the right to withdraw and use all physically and legally available water from the aquifers underlying the Subject Property. The groundwater to be withdrawn by Applicants from the Laramie-Fox Hills aquifer on the Subject Property is nontributary groundwater as defined in C.R.S. § 37-90-103(10.5). The groundwater to be withdrawn by Applicants from the Arapahoe aquifer below the Subject Property is not nontributary as defined in C.R.S. § 37-90-103(10.7). Applicants will comply with the requirement to relinquish to the surface stream system two percent (2%) of all such nontributary ground water withdrawn on an annual basis and to obtain judicial approval of a plan for augmentation prior to using any not nontributary ground water. Said water may be fully consumed to extinction for all beneficial uses. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based on the Denver Basin Rules:

Aquifer Amount Arapahoe 61.4 acre-feet Laramie-Fox Hills 179.3 acre-feet

Well Field: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through wells which may be located anywhere on the Subject Property, and any additional wells which may be completed in the future as Applicants' well fields. As additional wells are constructed, applications will be filed in accordance with C.R.S.§ 37-90-137(10). Proposed Uses: Applicants will use, reuse, and successively use the water for domestic, commercial, industrial, irrigation, livestock watering, fire protection, storage, and exchange and augmentation purposes, both on and off the Subject Property. Ownership of Overlying Land: Applicants are the owners of the Subject Property and have attached the State Engineer’s form entitled “Nontributary Ground Water Landownership Statement” as Exhibit B hereto. Applicants will give notice to every person who has a lien, mortgage or deed of trust on the Subject Property as required by C.R.S. § 37-92-302(2)(b). Relief Requested: Applicants request that the Court enter the following relief: A. All of the ground water underneath the Subject Property may be withdrawn subject to the terms and conditions included in a decree to be entered in this case, and that the Applicants have a vested right to use said ground water. B. The amounts and rates of withdrawals set forth

above can be withdrawn without causing material injury to the vested rights of others, provided that the terms and conditions in said decree are complied with. C. Applicants have the right to withdraw all Denver Basin aquifer ground water under the Subject Property through any wells initially permitted under C.R.S. § 37-90-137(10) in such aquifers, and any additional wells which may be permitted and completed in the future on the Subject Property. D. Applicants request that each well may withdraw water at the rate necessary to withdraw the full allowed annual amount of nontributary ground water. E. Applicants claim the right to withdraw more than the average annual amount estimated in this application pursuant to Rule 8.A of the Statewide Nontributary Groundwater Rules, 2 C.C.R. 402-7. F. Although the Applicants have estimated the amount of water available for withdrawal from the Arapahoe and Laramie-Fox Hills aquifers, Applicants request the right to revise those estimates based on the findings of the State Engineer or actual data or better data made available at the time of withdrawal without the necessity of amending this application or republishing the same. Applicants further request the right to invoke the retained jurisdiction of the Court provided for in C.R.S. § 37-92-305(11), to adjust the amount of water available for withdrawal from such aquifers. WHEREFORE, Applicants request this Court to enter a decree granting the application herein and awarding ground water rights from the Arapahoe and Laramie-Fox Hills aquifers, and determining that Applicants have complied with Section 37-90-137(4), C.R.S., that water is legally available for withdrawal by Applicants through the wells proposed herein and that the withdrawal of nontributary ground water under the Subject Property will not materially injure the vested or conditionally decreed water rights of others. Applicants further request that the Court enter such other relief as the Court deems proper in this matter. 08CW89 TIMBERPOINTE, LLC, Applicant, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION AND CHANGE OF WATER RIGHT, IN THE NOT NONTRIBUTARY UPPER DAWSON AQUIFER, IN DOUGLAS COUNTY. 1. Name and Address of Applicant: Timberpointe, LLC, 8480 E. Orchard Road, Suite 1100, Englewood, CO 80111, (303) 779-7979 through their Attorneys: Petrock & Fendel, P.C., James J. Petrock, Atty. Reg. #2881, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, telephone: (303) 534-0702. 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The wells which will withdraw groundwater from the not nontributary Upper Dawson will be located at any location on approximately 59.2 acres of land located in the NW1/4 of Section 1, T8S, R66W of the 6th P.M., as described and shown on Attachment A hereto ("Subject Property"). 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Upper Dawson aquifer is not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. 5. Amount and Rates of Withdrawal: The wells will withdraw the groundwater at rates of flow necessary to withdraw the entire decreed amount. Applicant waives any 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. The estimated average annual amounts of withdrawal available from the subject aquifer is based upon the Denver Basin Rules, 2 C.C.R. 402-6. The Upper Dawson aquifer groundwater underlying the Subject Property was previously decreed in Case No. 05CW85, except for 4 acre-feet per year which was reserved for use through an exempt well. No exempt well is required on the Subject Property and Applicant requests that this 4 acre-feet per year be quantified and decreed in this case. 6. Well Field: Applicant requests that this Court determine that they have the right to withdraw all of the legally available groundwater lying below the Subject Property, through wells which may be located anywhere on the Subject Property, and any additional wells which may be completed in the future as Applicant's well field. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. Applicant also requests that the Upper Dawson aquifer water to be decreed herein be withdrawn in combination with the Upper Dawson aquifer groundwater previously decreed in

Case No. 05CW85. 7. Proposed Use: Applicant will use, reuse, and successively use the water for domestic, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, both on and off the Subject Property. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Description of plan for augmentation: A. Groundwater to be augmented: 4 acre-feet per year of Upper Dawson aquifer groundwater as requested herein as described in paragraph 5 above. B. Water rights to be used for augmentation: Return flows from the use of not nontributary Uppper Dawson aquifer groundwater and return flows or direct discharge of nontributary ground water as owned by Applicant as decreed in Case No. 05CW85. Applicant requests that this plan for augmentation be operated in combination with an augmentation plan previously approved for withdrawal of 12 acre-feet per year of Upper Dawson groundwater in Case No. 05CW85, including use of excess return flows generated by use of the water in Case No. 05CW85 to allow use of the groundwater herein. C. Statement of plan for augmentation: Applicant will use the 4 acre-feet per year of Upper Dawson aquifer water herein for use in a water feature and for irrigation purposes on the Subject Property. It is estimated that approximately 90% of water used for irrigation will be consumptively used. During pumping Applicant will replace actual depletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S., using return flows from irrigation use herein and excess return flows generated from operation of the augmentation plan in Case No. 05CW85. Applicant estimates that depletions may occur to the Cherry Creek stream system. Return flows via that stream system will accrue to the South Platte River stream system and are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicant will reserve an equal amount of nontributary groundwater owned by Applicant and decreed in Case No. 05CW85 to meet post pumping augmentation requirements, but reserves the right to substitute the use of other nontributary groundwater, including return flows, either underlying the Subject Property, or from another location which is legally available for such purpose, for replacement of post-pumping depletions at such time that post-pumping depletions may begin. 10. Change of water right: Applicant requests a change of water right to allow some of the excess return flows generated from use of Upper Dawson aquifer groundwater pursuant to the augmentation plan in Case No. 05CW85, to be used to replace actual depletions caused by pumping of the 4 acre-feet per year of Upper Dawson aquifer groundwater requested herein. Actual depletions from pumping of the Upper Dawson aquifer water on the Subject Property at 100 years of pumping is estimated to be 15.11% of the annual amount withdrawn. 11. Remarks: A. Applicant claims the right to withdraw more than the average annual amounts estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Applicant will withdraw up to 4 acre-feet per year of the not nontributary Upper Dawson aquifer groundwater requested herein under the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. 08CW90 TRACY AND BARBARA LYMAN, 399 Buffalo Bill Cr., Golden, CO 80401. Telephone: (303) 526-7247. APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Name of structure: Lyman Well. Date of original decree: 05/31/1973 in case no. 96CW967 in Water Division 1. Legal description: NW1/4, SW1/4, S23, T9S, R75W of the 6th PM at a distance 1540 feet from South and 520 feet from West. Subdivision: Indian Mountain, Lot 95, Filing 8. Source: groundwater. Appropriation date: 05/31/1973. Amount: .033 cfs (15 gpm). Use: future domestic household. Planned future well location and layout of residence on lot. 08CW91 J & C PROPERTIES, LLC, Applicant, APPLICATION FOR CHANGE OF WATER RIGHT IN DOUGLAS COUNTY. 1. Name and telephone number of Applicant: J & C Properties, LLC, 10415 Roxborough Park Road, Littleton, CO 80125, (303) 791-7656 Attorneys: Petrock & Fendel, P.C., James J. Petrock, Atty. Reg. #2881, 700 Seventeenth Street, Suite 1800,

Denver, Colorado 80202, Telephone: (303) 534-0702. 2. Decree information for which change is sought: Case No. 89CW150, decreed on April 14, 1988, and Case No. 04CW24, decreed on October 28, 2004. The property which is the subject of the decrees is a total of approximately 176 acres located in parts of SE1/4, SW1/4 of S3 and NE1/4, NW1/4 of S10, T8S, R66W of the 6th P.M. as shown on Attachment A hereto. 3. Proposed change: In the original decrees, all of the Upper Dawson aquifer groundwater underlying the Subject Property was decreed and is not available for use through exempt wells on 35 or more acre tracts of land pursuant to Section 37-92-602, C.R.S. (Except for 3 acre-feet per year reserved for this purpose in Case No. 04CW24). A total of 22.4 acre-feet per year is decreed in the Upper Dawson aquifer. By this change, Applicant requests that the total decreed amount be reduced by an additional 13 acre-feet per year, which in addition to the 3 acre-feet per year previously reserved, will allow use of 3.2 acre-feet per year through 5 exempt wells, or 9.09 acre-feet per surface acre. No other parts of the original decree will be changed. 08CW92 ROBERT L. LAND and HOLLI BRADISH-LAND, 9620Trotter Circle, Colorado Springs, CO 80908; phone 719-495-2713. Henry D. Worley, MacDougall, Woldridge & Worley, PC, 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 in EL PASO COUNTY Applicants seek the adjudication of the water in the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying Lot 17, Block 3, Willow Springs Estates in El Paso County (the �Property�). The Property is located in the East Cherry Creek drainage in the SE1/4 Section 15, T. 11 S., R. 65 W., 6th P.M. in El Paso County. A portion of the Willow Springs Estates plat map showing the location of Lots 17 relative to the SE1/4 corner of Section 15 is attached as Exhibit A. 2. Names of wells and permit, registration, or denial numbers: Permit No. 183858 in the Dawson aquifer. 3. Legal description of wells: Permit No. 183858 is located in theNE1/4 SE1/4 Section 15, T. 11 S., R. 65 W, 6th P.M. 1720 feet from the south section line and 1030 feet from the east section line. Wells in other aquifers may be constructed at any location on the Property. 4. Source: Not nontributary Dawson aquifer; nontributary Denver aquifer; nontributary Arapahoe aquifer, and nontributary Laramie-Fox Hills aquifer. 5.A. Date of appropriation: Not applicable. 5.B. How appropriation was initiated: Not applicable. 5.C. Date water applied to beneficial use: Not applicable. 6. Amount claimed: In addition to the amounts underlying the lots, Applicant claims the amounts to the center of the adjacent county roads. Thus calculated, the acreage of Lot 17 is approximately. The amounts claimed are total amounts available for appropriation, in acre feet; annual amounts equal one percent of the total amounts: Dawson aquifer, 584 AF; Denver aquifer, 422 AF; Arapahoe aquifer, 418 AF; Laramie-Fox Hills aquifer, 179 AF, or more if so indicated by the State Engineer�s Determinations of Fact. 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 wells in such aquifers. 7. Proposed use: all beneficial uses. 8. Names and addresses of owners of land on which well is located: Same as Applicants. 9. Remarks: There is one lien against the Property, notice to the lienor is being given as required pursuant to C.R.S. 37-92-302(b). II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. 10. Name of structures to be augmented: The existing Dawson aquifer well, currently permitted as 183858. This well will be repermitted after entry of the decree. 11. Previous decrees for water rights to be used for augmentation: None. 12. Historic use: Not applicable. 13. Statement of plan for augmentation: A. Water Demand. Lot 17 will be used for a single family residence and perhaps a guest cottage or detached home office. Uses of water from the Dawson well will most likely be limited to some combination of the following uses: for indoor uses for drinking and sanitary purposes, for livestock watering and for landscape irrigation, hot tubs, swimming pools and landscape uses including irrigation and decorative ponds and fountains. Annual pumping from the Dawson aquifer will be limited to 1.0 acre foot annually

per lot, or 2.0 acre feet total. Indoor water usage for each house is expected to equal 0.30 acre foot per house. A typical hot tub may require approximately 1,400 gallons (0.004 acre foot) per year; a swimming pool, 50,000 gallons (0.15 acre foot) per year; landscape irrigation, annual applications of 2.24 acre feet per acre, or 0.05 acre foot per 1,000 square feet; livestock watering, ten gallons per horse per day, or 0.011 acre foot per horse per year. The decree will limit annual diversions to 1.0 acre foot per lot, but will not to otherwise restrict in the decree which of these uses may occur. Applicants for well permits will designate how they intend to �allocate� their 1.0 acre foot on their well permit applications, based on the above criteria, or based upon criteria agreed to with the State Engineer for any uses not specified above. B. Water Consumption and Return Flows. It is generally accepted that no more than ten percent of water used indoors in residences using non-evaporative septic systems and leach fields for wastewater disposal is consumed, with 90 percent returning to the stream system. Although there will be some return flows from other uses, Applicants will rely only on return flows from septic systems and leach fields for replacement of depletions during pumping. C. Replacement of Stream Depletions During Pumping. Based on computer modeling, stream depletions will occur to tributaries of the South Platte and Arkansas Rivers. Applicants propose to aggregate and replace all stream depletions to East Cherry Creek, a tributary of the South Platte River. Computer modeling indicates that during pumping, stream depletions will gradually increase to a maximum of 19 percent of annual pumping in the 300th year, or 0.19 acre foot based on annual pumping of 1.0 acre feet. Applicant proposes to replace those depletions with septic system return flows, which will equal 0.27 acre foot annually. Thus, septic system return flows will always exceed stream depletions during pumping. D. Replacement of Stream Depletions After Cessation of Pumping. Applicants agree to replace depletions for the shortest of the following periods: the period provided by the Colorado Legislature, should it eventually specify one and if the Applicants obtain water court approval for such modification, the period determined by the State Engineer, should the State Engineer lawfully establish such a period; the period established through rulings of the Colorado Supreme Court in relevant cases; or until Applicants petition the water court and after notice to parties in the case proves that it has complied with all statutory requirements. Applicants will reserve adequate water from the Denver aquifer underlying the Property for the replacement of post-pumping depletions, unless and until such time as any of the above conditions occurs which terminates the obligation to replace post-pumping depletions, or unless Applicants obtain judicial approval of another source of replacement water for post-pumping depletions. It is Applicants� present estimate that based on pumping 1.0 acre feet annually, post-pumping depletions will equal 276 acre feet. If that figure is not revised, Applicants shall reserve 282 acre feet of Denver aquifer water to replace such depletions, and shall make post-pumping replacements annually as required to replace modeled stream depletions. Applicants propose to aggregate all depletions and to replace them to the South Platte drainage. E. Miscellaneous. (1). Applicants will establish restrictive covenants on the Property which: (a) restrict total pumping from the Dawson aquifer to no more than 1.0 acre foot annually per well; (b) require the use of non-evaporative septic systems for wastewater treatment; (c) require that a house be occupied while other water-using activities are occurring on the Property; (d) reserve adequate nontributary water for replacement of post-pumping depletions, which reservation may be voided upon the occurrence of any of the events specified above eliminating the need for such reservation; (e) require annual reporting of the amount pumped from the Dawson well; and (f) which inform the future homeowners that they will be required to construct a well into the Denver aquifer underlying the Property for replacement of post-pumping depletions if the source of augmentation water is unchanged. Restrictive covenants limiting the area to be irrigated or the number of horses, or their water-consuming equivalents, which are allowed on the Property, are unnecessary because the limitation to 1.0 acre foot of total pumping annually per lot, and the requirement that non-evaporative septic systems be used, ensures that return flows will exceed depletions throughout the 300 year pumping period. (2) This application is being filed in both Water

Divisions 1 and 2 because stream depletions will occur in both the South Platte and Arkansas drainages. After the time for filing statements of opposition has expired, Applicants will seek to consolidate the two applications in Water Division 1, in which the Property is located. (Application and attachments - 6 PAGES) 08CW93 The Seventh Day Adventist Association of Colorado, 2520 South Downing Street, Denver, Colorado 80210. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR FINDING OF REASONABLE DILIGENCE. IN BOULDER COUNTY. 2. Name of Structure: Glacier View Ranch Pond No. 1. 3..Description of Conditional Water Right: A. Date of Original Decree: October 6, 1988. Case No.: 87CW132. Court: District Court, Water Division 1. Note: A Finding of Reasonable Diligence was entered by this Court on May 3, 1995, in Case No. 94CW184. A portion of the conditional decree was made absolute on May 22, 2002, in Case No. 2001CW076. B. Location: Glacier View Ranch Pond No. 1 is located in the NW 1/4 SW 1/4, Section 16, Township 2 North, Range 72 West, 6th P.M., Boulder County. The dam abutment is located at a point approximately 960 feet East of the West section line and 2,550 feet North of the South section line of said Section 16. C. Source: An unnamed tributary of South St. Vrain Creek. D. Appropriation Date: June 3, 1987. E. Amount: 0.7 of an Acre Foot, Conditional. F. Use. Augmentation, replacement, exchange, municipal, domestic, commercial, stock watering, piscatorial, wildlife propagation, recreation and fire protection. 4. Outline of What Has Been Done Toward Completion of the Appropriation and Application of Water to a Beneficial Use as Conditionally Decreed. a. Glacier View Ranch Pond No. 1 is located at Glacier View Ranch. The Ranch serves as a destination camping and meeting facility for youths and adults. b. Glacier View Ranch Pond No. 1 is part of an integrated water system at Glacier View Ranch. Since its initial construction in 1995, the Pond has served as an amenity for campers and staff, a source of water for horses during trail rides and is a back up water supply for the plan for augmentation decreed in Case No. 87CW133. c. Glacier View Ranch Pond No. 1 has been constructed to a capacity of 0.3 of an acre foot. Applicant intends to enlarge the Pond to the full capacity of 1.0 acre foot as originally decreed, and to use the water stored therein for the above described purposes. d. Subsequent to the entry of the Decree in Case No. 2001CW076, Applicant has completed a comprehensive master plan for Glacier View Ranch, which includes recommendations for improvements and expansions to the existing infrastructure over the next twenty years. The water facilities at Glacier View Ranch are included in the study. In addition to the preparation of the master plan, Applicant remodeled four buildings, upgraded several of its outdoor camps and improved trails. It is estimated that Applicant has expended approximately $250,000.00 on such activities over the past six years. WHEREFORE, Applicant requests that the Court enter an Order finding that diligent efforts have been made to put the water decreed conditionally to the Glacier View Ranch Pond No. 1 to beneficial use and continue the conditional status of the water right as described herein for an additional diligence period. (4 pages). 08CW94 MADELINE R. FOSTER TRUST AND RONALD R. FOSTER TRUST, MADELINE R. FOSTER AND ROBERT R. FOSTER, settlors and co-trustees, 18020 County Road 1, Elbert, CO 80106. Henry D. Worley, MacDougall, Woldridge & Worley, PC, 530 Communication Circle, Suite 204, Colorado Springs, CO 80905, phone: 719-520-9288. Application for Not Nontributary and Nontriubtary Underground Denver Basin Water Rights in ELBERT COUNTY. 2. Names of wells and permit, registration, or denial numbers: well permit nos. 257378 and 203495 are constructed in the Dawson aquifer. 3. Legal description of wells: Well permit 257378 is located 1200 feet from the south section line and 200 feet from the west section line and well permit 203495 is located 1840 feet from the south section line and 200 feet from the west section line, both in Section 34, T. 10 S., R. 65 W., 6th P.M. All other wells may be located at any location on the Applicant�s property, which consists of 160 acres comprising the SW1/4 of

Section 34, T. 10 S., R. 65 W., 6th P.M. in Elbert County (�Property�), but not within 600 feet of another well in the same aquifer located off the Property except pursuant to the provisions of C.R.S. 37-90-137(2)(b). Applicants waive the 600 foot spacing requirement for all wells located on the Property. A location map of the Property is attached as Figure 1. 4. Source: Not nontributary Dawson aquifer; nontributary Denver aquifer; nontributary Arapahoe aquifer; nontributary Laramie-Fox Hills aquifer. 5.A. Date of appropriation: Not applicable. 5.B. How appropriation was initiated: Not applicable. 5.C. Date water applied to beneficial use: Not applicable. 6. Amount claimed: Dawson aquifer, 50 gpm per well, 129 acre feet annually, absolute; Denver aquifer: 100 gpm per well, 82 acre feet annually, absolute; Arapahoe aquifer: 250 gpm per well, 79 acre feet annually, absolute; Laramie-Fox Hills aquifer,150 gpm per well, 48 acre feet annually, absolute. The above amounts will be changed in any decree entered herein to conform to 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. 7. Proposed uses: all beneficial uses. 8. Name and address of owner of land on which well is located: Same as Applicants. 9. Remarks: (1) There are no liens or encumbrances against the Property, so the notice provisions of C.R.S. 37-92-302(2)(b) do not apply. (2) A total of 12 acre feet per year of water in the Dawson aquifer is not sought to be adjudicated herein. This amount is intended to provide water to up to four wells on the Property which are exempt from administration pursuant to C.R.S. 37-92-602, including existing well permit nos. 257378 and 203495. (3) This decree and all wells decreed herein will comply with all relevant provisions of the Colorado Revised Statutes, the Denver Basin Rules and Statewide Nontributary Ground Water Rules, including the requirement that the Dawson aquifer not nontributary water decreed herein may be pumped only pursuant to a court-approved plan for augmentation. (Application and attachment – 4 pages) AMENDMENTS 96CW1035 The City of Northglenn, c/o Department of Natural Resources, 11701 Community Center Drive, Northglenn CO 80233. AMENDMENT TO APPLICATION FOR WATER STORAGE RIGHTS IN ADAMS, WELD AND JEFFERSON COUNTIES. Please forward pleadings and correspondence to William R. Fischer, Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Road, Fort Collins, CO 80525, (970) 407-9000, Fax: (970) 407-1055. The Application in this case (Case No. 96CW1035) was filed by the City of Northglenn in the District Court, Water Division 1, State of Colorado on or about December 31, 1996. The application was contained in the December, 1996 resume for Water Division 1. 2. Pursuant to Rule 4(a) of the Uniform Local Rules for All State Water Court Divisions, applicant sets forth the following legal description of the structures to which this amendment applies: A. Bull Canal Reservoir #8: The reservoir and dam are located in Section 36, Township 1 North, Range 68 West of the 6th P.M. in Weld County, Colorado. The outlet is at a point approximately 90 feet South and 80 feet East of the Northwest corner of said Section 36. B. If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: 1.The Church Ditch. The headgate of the Church Ditch is located on Clear Creek in the NE1/4 of Section 32, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado. 2. The Croke Canal. The headgate of the Croke Canal is located on the north bank of Clear Creek in the NW1/4, NE1/4, Section 26, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado. 3. The headgate of Bull Canal is located in the N1/4, SE1/4 of Section 28, Township 1 South, Range 68 West of the 6th P.M., Adams County, Colorado. 3. Paragraph numbered 6.C. of the Application for a Water Storage Right in Case No. 96CW1035 is hereby amended in its entirety, as follows: “Use: This water was used by Northglenn in its municipal supply system for irrigation, domestic and commercial uses, all municipal uses, reuse and successive use, exchange

and augmentation, including subsequent replacement and storage, and for irrigation of 15,000 acres of lands located generally in the South Platte River Basin in Adams and Weld Counties lying under the Standley Lake Division of FRICO.” 4. Applicant agrees that all previously filed Statements of Opposition shall be applicable to this Amendment, without the necessity of refiling.

THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of June 2008 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original with triplicate copies and include $90.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.