TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIVISION 1: Pursuant to CRS, 37-92-302, you are hereby notified that the following pages comprise a resume of applications and amended applications filed in the office of the Water Clerk for Water Division No. 1 during the month of May, 2001. 2001CW065 ROBERT B. BLAHA AND SUSAN S. BLAHA, 14335 Roller Coaster Road, Colorado Springs, CO 80921 (Henry D. Worley, MacDougall, Woldridge & Worley, P.C., Attorneys for Applicants, 530 Communication Circle, Suite 204, Colorado Springs, CO 80905). Application for Adjudication of Denver Basin Ground Water and for Approval of Plan for Augmentation, IN EL PASO COUNTY. I. APPLICATION FOR DENVER BASIN WATER RIGHTS. 1. Name, address, telephone number of applicant: Robert B. Blaha and Susan S. Blaha, 14335 Roller Coaster Road, Colorado Springs, CO 80921; phone no. 719-488-8159. These Applicants seek the adjudication of the water in the Dawson, Denver, Arapahoe and Laramie-Fox Hills underlying their 28.04 acres of land at 14335 Roller Coaster Road, a portion of the NW1/4 NE1/4 Section 4, T. 12 S., R. 66 W., 6th P.M., in El Paso County (the “Property”). The legal description of the Property is attached as Exhibit A; it is depicted on the map attached as Figure 1. The Property is located in the Monument Creek drainage. Monument Creek is a tributary of Fountain Creek and the Arkansas River. 2. Names of wells and permit, registration, or denial numbers: Blaha Well # 1, permit no. 172657. This structure is currently permitted as an exempt well. 3. Legal description of wells: at any location on the Property. Applicants hereby waive the 600 foot spacing rule as among all Dawson aquifer wells constructed on the Property. 4. Source: Not nontributary Dawson aquifer; not nontributary Denver aquifer; not 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: Not nontributary Dawson aquifer, 15 g.p.m., 9.2 acre feet annually, absolute; not nontributary Denver aquifer, 50 g.p.m., 22.5 acre feet annually, absolute; not nontributary Arapahoe aquifer, 250 g.p.m., 11.2 acre feet annually, abso-lute; nontributary Laramie-Fox Hills aquifer, 150 gpm, 8.0 acre feet annually, absolute. The above amounts will be changed in any proposed decree submitted to the Court for signature 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 use: All beneficial uses including augmentation and exchange. 8. Name and address of owner of land on which well is located: Robert B. Blaha and Susan S. Blaha, address and phone number noted above. 9. Remarks: A. Applicants have mailed a copy of this application by registered mail, return receipt requested, to People’s Mortgage in compliance with the notice provisions of C.R.S. §37-90-137(4)(b.5). There are no other liens or encumbrances against the property of which the Applicants are aware. A copy of the letter to People’s Mortgage is submitted with this application. B. Applicants are the owners of Blaha Well # 1, an exempt Dawson aquifer well located on the Property. Applicants request that the State Engineer’s Determination of Facts for the Dawson aquifer include the water which would otherwise be allocated to well permit 172657. After entry of the decree adjudicating the Denver Basin water and approving the plan for augmentation described below, Applicants will apply for a new well permit for 172657 whose terms are consistent with the plan for augmentation, rules and regulations of the State Engineer and applicable statutes. II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION 10. Name, address, telephone number of applicants: Robert B. Blaha and Susan S. Blaha, 14335 Roller Coaster Road, Colorado Springs, CO 80921; phone no. 719-488-8159. 11. Name of structures to be augmented: Up to five Dawson aquifer wells, including Blaha Well # 1. No other water rights are or will be diverted from these wells. 12. Previous decrees for water rights to be used for augmentation: None. 13. Historic use: Not applicable. 14. Statement of plan for augmentation: A. Water Demand. Applicants may subdivide the Property into as many as 5 lots for single family residences. Uses of water on such lots will be for indoor uses

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for drinking and sanitary purposes, for livestock watering and for landscape irrigation. Total annual pumping from the Dawson aquifer will be limited to 3.05 acre feet annually. Of that amount, 1.3 acre feet will be allocated to Blaha Well # 1. Blaha Well # 1 may provide water for indoor sanitary and drinking purposes, including in a small free-standing home office, for about 0.5 acres of landscape irrigation and for two horses. Each additional lot will be nominally allocated 0.44 acre feet per year. Based on estimated indoor water usage of 0.27 acre feet per house, 15 gallons per horse per day and applications of 2.00 acre feet per acre of landscape irrigation, a water supply of 0.44 acre feet should be adequate for a single house, 2 horses and approximately 3700 square feet of landscape irrigation on each lot. Applicants reserve the right to change the number of lots downward and to change the amount of water available for each well (whether or not the number of lots is changed), so long as total annual diversions from the Dawson aquifer do not exceed 3.05 acre feet annually. 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. Water used for livestock watering is considered to be 100 percent consumed. It is generally accepted that no more than 85 percent of water used for landscape irrigation is consumed. Assuming that there is at least one house on each lot, annual septic systems return flows will always exceed annual stream depletions. For example, if the Property is never subdivided, and Applicants use 1.3 acre feet annually for indoor drinking and sanitary purposes, for watering two horses and for irrigation of 0.5 acres of landscaping, using the above assumptions regarding return flows, during the pumping period return flows will equal (0.27 X .9) + (1.0 X 0.15) + (0.033 X 0) = 0.39 acre feet. In the 100th year, stream depletions would equal 0.12 acre feet; in the 300th year, 0.3 acre feet. C. Replacement of Stream Depletions During Pumping. Based on computer modeling, stream depletions will occur to tributaries of the Arkansas River, primarily Monument Creek, and to tributaries of the South Platte River, primarily Cherry Creek. Applicant proposes to replace all stream depletions, including Cherry Creek stream depletions, to Monument Creek. Computer modeling indicates that, based on pumping of 3.05 acre feet annually, stream depletions will gradually increase to a maximum of 23.3% of average annual pumping, or 0.71 acre feet, in the 300th year. Applicants propose to replace those depletions with septic system return flows and landscape irrigation return flows. If five houses are constructed, septic system return flows alone will equal approximately 1.22 acre feet annually, which significantly exceed the 0.71 acre feet of computed stream depletions. 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 on relevant cases; or until Applicant petitions the water court and after notice to parties in the case proves that it has complied with all statutory requirements. Applicants have calculated that, based on pumping of 3.05 acre feet annually, by the 300th year they will have pumped 915 acre feet of water, and replaced approximately 120 - 130 acre feet of cumulative stream depletions, leaving a balance of approximately 785 - 795 acre feet of unreplaced stream depletions. Applicants will reserve all 800 acre feet of the water in the nontributary Laramie-Fox Hills aquifer 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. Applicants shall make replacements annually in the amount specified in the Division Engineer’s Consultation Report or, if no Consultation Report has been distributed prior to submission of a consent decree for a referee’s ruling, in the amounts specified by the Applicants’ ground water geologist, Wm. Curtis Wells. E. Miscellaneous. (1) As stated above, after entry of this decree, Applicants shall apply for a new well permit for Blaha Well # 1 on terms consistent with this plan for augmentation, rules and regulations of the State Engineer, and applicable statutes. (2) Applicants will establish restrictive covenants on the Property which: (a) restrict total pumping from the Dawson aquifer to no more than 3.05 acre feet annually; (b) require the use of non-evaporative septic systems or a central

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wastewater disposal system for wastewater treatment; (c) reserve the Laramie-Fox Hills aquifer water for replacement of post-pumping depletions, which reservation may be voided upon the occurrence of any of the events specified in ¶ 14.D which eliminates the need for such reservation; and (d) which inform the future homeowners of the possibility that they will be required to construct a well or wells into the nontributary Laramie-Fox Hills aquifer for replacement of post-pumping depletions. 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 for purposes of the decree because the limitation to total pumping of 3.05 acre feet annually ensures that under any reasonably foreseeable pattern of water usage, return flows will exceed depletions during the 300 year pumping period. (3) 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 2. 2001CW066 TOWN OF PIERCE, 240 W. Main, P.O. Box 57, Pierce, CO 80650. Application for Change of Water Right, IN WELD COUNTY. Tower Well No. 3-RF857 decreed 7/22/1976 in Case No. W-6096 Water Division 1. Tower Well No. 3-RF857 (Tower Well) is located in the SW1/4NW1/4, S26, T8N, R66W, 6th P.M. also described as being located in Lot 19, Bock 7, Cave and Priddy addition, original Town of Pierce, Weld County, Colorado. Source: Groundwater Appropriation: 12/31/1924. Amount: 0.3 cfs Historic use: Tower Well No. 3-RF857 was used as the primary source of the municipal water supply for the Town of Pierce from 1924 to the present. The water was used for domestic use, fire suppression, irrigation of lawns and gardens, irrigating park land and other typical municipal uses. Proposed change: The Town of Pierce intends to 0.15 cfs of Tower Well No. 3-RF857 at the alternate point of diversion shown on the attached map to irrigate Priddy Park, also shown on the attached map. (2 pages) 2001CW067 HANSPETER AND KATHRYN B. SPUHLER, 9345 North Surrey Road, Castle Rock, Colorado 80104. (Robert E. Schween, P.C., Robert E. Schween, No. 12923, P.O. Box 26-2104, Littleton, Colorado 80163-2104). APPLICATION FOR NONTRIBUTARY AND NOT NONTRIBUTARY GROUND WATER RIGHTS IN THE UPPER DAWSON, LOWER DAWSON, DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AQUIFERS, IN DOUGLAS COUNTY. 2. Well Permits: Well permit applications for the wells to be constructed pursuant to this application and subsequent decree will be applied for at such time as Applicants are prepared to construct such wells pursuant to the terms of the decree to be entered in this matter. 3. Names, Description, and Estimated Depths of Wells: A. The wells which will withdraw ground water from each aquifer underlying the land described in paragraph 10 below will be located on Applicant's property, consisting of forty (40) acres, more or less, in the NE ¼ of the NW ¼, Section 18, Township 8 South, Range 66 West of the 6th P.M., in Douglas County, Colorado. See Exhibit A, General Location Map, Exhibit A-1, Site Location Map, and Exhibit B, Property Legal Description, attached hereto. Applicants request the right to construct such wells anywhere on the overlying property to recover the entire allowable annual amounts from each aquifer as claimed herein or as determined by the Court pursuant to its retained jurisdiction. B. The estimated depths to the base of the aquifers at the location of Applicants’ property are as shown below, in feet below surface. Actual well completion depths may vary from the depths estimated below: Upper Dawson- 430; Lower Dawson-800; Denver-1640; Arapahoe-2300; Laramie-Fox Hills-2920. 4. Source of Water Rights: A. Not-Nontributary Ground Water: The ground water contained in the Upper Dawson aquifer at this location is not-nontributary ground water as defined at § 37-90-103 (10.7), C.R.S. Such classification is consistent with the Denver Basin Nontributary Ground Water Rules, 2 CCR 402-6. Applicants may not obtain a well permit and withdraw such not-nontributary ground water until an augmentation plan is approved for the replacement of injurious depletions caused thereby. See § 37-90-137(9), C.R.S. No such plan is sought by this application B. Nontributary Ground Water: The ground water contained in the Lower Dawson, Denver,

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Arapahoe, and Laramie-Fox Hills aquifers at this location is nontributary ground water as defined at § 37-90-103 (10.5), C.R.S. Such classification is consistent with the Denver Basin Nontributary Ground Water Rules, 2 CCR 402-6. Applicants may consume all such ground water, except 2% of all such withdrawals must be relinquished to the stream system. Such relinquishment may be made by spillage, system leakage, direct discharge, or any method acceptable to the State Engineer. 5. Background: Applicants file this application for water rights pursuant to § 37-92-203, C.R.S., as a water matter concerning not-nontributary and nontributary ground water. Applicants are the owners of the overlying land as described herein. 6. Date of Initiation of Appropriation: Not Applicable. 7. Right to Ground Water Claimed Herein: A. Applicants seek a decree for all ground water determined to be available from the named aquifers underlying the 40 acres of land, more or less, described herein, based upon a statutory aquifer life of 100 years. B. Applicants assert that withdrawal in the average annual amounts determined to be available from the named aquifers can be made pursuant to § 37-90-137(4) and (9), C.R.S., without causing material injury to the vested rights of others. A Court-approved plan for augmentation must be obtained before any such not-nontributary ground water adjudicated herein may be produced. 8. Estimated Amounts and Rates of Withdrawal: A. Estimated Average Annual Amounts Available: (1) The estimated average annual amounts of withdrawal available from the named aquifers, as indicated below, are based upon interpretations of information contained in the Denver Basin Rules, 2 C.C.R. 402-6. Sat. Sand Specific Average Annual Aquifer Acres Thickness Yield Amount Upper Dawson 40 60 Feet 20% 4.8 AF (1) Lower Dawson 40 80 Feet 20% 2.4 AF (2) Denver 40 340 Feet 17 % 23.0 AF Arapahoe 40 340 Feet 17 % 22.9 AF Laramie-Fox Hills 40 170 Feet 15 % 10.0 AF (1) If ground water is found to exist in the Upper Dawson aquifer at this location, Applicants may choose to exclude same from this adjudication, so that Applicants may have this source unadjudicated and available in the event Applicants apply for a well permit for an “exempt” domestic well to be completed into the Upper Dawson aquifer on Applicants’ property. (2) The estimated average annual amount of 2.4 acre-feet excludes from the application 4.0 acre-feet per year of Lower Dawson aquifer ground water to allow for two existing exempt domestic Lower Dawson aquifer wells on the property, Well Permit Nos. 203768 and 205701. (2) The final average annual amounts available from each aquifer will depend upon the actual hydrogeology and the legal entitlement of Applicants to all ground water in the subject aquifer underlying Applicants’ described property. B. Average Pumping Rates: The average pumping rate for wells to be completed into the four named aquifers is expected to vary from 15 to about 250 gpm. The actual pumping rate for each well may vary significantly according to aquifer production capability at a particular location or well system design. Applicants request that the pumping rates for each well may be as great as necessary to withdraw the full annual allocation from each named aquifer. 9. Well Fields: Subject to obtaining an adequate Court approved augmentation plan therefor, Applicants have the right to withdraw all of the legally available ground water in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying the land described in Paragraph 11 below, through any well(s) initially permitted in each aquifer and any additional well(s) which may become part of the Applicants’ well field. Applicants request that the initial well(s) permitted, along with any additional well(s) completed into the same aquifer, shall be treated as a well field. As additional wells are constructed, well permit applications will be filed in accordance with § 37-90-137(10), C.R.S. 10. Proposed Uses:

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A. Applicants request the right to use all ground water subject to this application. Such water is to be used, reused, successively used and, after use, leased, sold or otherwise disposed of for the following beneficial purposes: domestic, industrial, agricultural, commercial, irrigation, stock watering, storage, recreational, fish and wildlife propagation, fire protection, and any other beneficial purposes, to be used on or off the land described in Paragraph 11. B. Such water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 11. Description of the Land Overlying Subject Ground Water: Applicants’ property overlying the ground water claimed herein consists of forty (40) acres of land, more or less, located in Douglas County, and generally described as follows:

A tract of land located in the NE ¼ of the NW ¼, Section 18, Township 8 North, Range 66 West of the 6th P.M., in Douglas County. See General Location Map, Exhibit A and Property Legal Description, Exhibit B.

12. 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. 13. Name of Owner of the Land on Which Structures are Located: The owners of the overlying land area described herein are the Applicants herein, Hanspeter and Kathryn B Spuhler. 14. Additional Remarks: A. Applicants request the Court enter a decree granting: (1) A quantification and adjudication of the ground water rights in the aquifers named herein to which Applicants are entitled to develop and use; (2) The right to file and adjudicate an augmentation plan for such not-nontributary ground water herein at a later date under a separate caption and case number. (3) The right to withdraw more than the average annual amount estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7; and (4) The right to revise the above estimate of the average annual amounts available for withdrawal upward or downward, based on better or revised data, without the necessity of amending this application or republishing same. B. In compliance with House Bill 93-1060 (§ 37-92-302(2)(b), C.R.S.), Applicants will, within ten (10) days after filing this application, supplement this application with evidence that Applicants have given notice of the filing of this application by certified mail, return receipt requested, to every record owner of the overlying land and to every person who has a lien or mortgage on, or deed of trust to, the overlying land recorded in the county in which the overlying land is located. WHEREFORE, Applicants Hanspeter and Kathryn B. Spuhler request a ruling and decree: (1) Granting the application herein and awarding the ground water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained, so that the State Engineer may issue well permits for such well(s) as Applicants request under this decree, subject to the limitations described in such ruling and decree; and (2) Finding and determining that – (a) Applicants have complied with § 37-90-137(4), C.R.S., and ground water is legally available for withdrawal from the named aquifers through wells to be located on the Applicants’ property, EXCEPT THAT withdrawals of not-nontributary ground water may not be withdrawn until an augmentation plan is approved therefor; (b) Jurisdiction is to be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicants’ property, pursuant to § 37-92-305(11), C.R.S.; (c) Applicants or their successors may construct wells into the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers anywhere on the subject property, so long as statutory well spacing requirements are met, without the necessity of filing any further amendments to this application, republishing this application, or reopening the decree to be awarded; (d) Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals proposed herein; and (e) In accordance with § 37-92-305(11), C.R.S., no findings of reasonable diligence are required to maintain the water rights applied for herein; and (f) The nature and extent of the water rights claimed herein are defined by § 37-90-137(4), C.R.S., and the withdrawals sought to be made are based upon an aquifer life of 100 years and upon the quantity of ground water, exclusive of any

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artificial recharge, underlying the land shown on Exhibit A and described in Exhibit B hereto. FURTHER, Applicants request this Court grant such other relief as it deems proper in the premises. (6 Pages; Exhibits 3 pages) 2001CW068 PIERRE LAGASSE, 12136 N. First St., Parker, CO 80134. Application for Underground Water Right, IN DOUGLAS COUNTY. Lagasse #180900 Well is located in the SW1/4, S7, T6S, R66W, 6th P.M., 807’ from S section line and 190’ from the W section line, a/k/a Lot 2, Block 30, Grand View Estates Subdivision. Source: Denver Aquifer Depth: 630’ Appropriation: 8/23/1994 Amount claimed: 15 gpm Proposed use: 1 house, no livestock, 2 domesticated animals and irrigation of 2 acres of lawns and gardens. (2 pages) 2001CW069 GREEN VALLEY RANCH, INC., c/o Josephine Gracik, President, 61619 WCR 77, Grover, CO 80729. (William H. Southard, P.O. Box 445, Greeley, CO 80632). Application for Change of Use of Water Right, IN WELD COUNTY. Peters Reservoir decreed 5/28/1906 in Case No. CA 2142 in Water Division 1. Decreed point of diversion: Yerby Draw in S2, T10N, R62W, 6th P.M. This is an embankment in Yerby Draw to accumulate intermittent stream and impound water from 3 feet to 6 feet deep-covering area at maximum -70- acres. See attached map. Source: Intermittent flow in Yerby Draw. Appropriation: 5/28/1906. Historic use: The water when available be irrigated a maximum of 40 acres, but was unreliable source and so used continuously, when containing water for 400 to 600 head of livestock (cattle). Its use-for livestock water has been continuous when water available, and at least 2 months annually for over 40 years. Proposed change: Change use for water from irrigation to natural watering place for livestock-site of Peters Reservoir and adjoining pasture in S2, and E1/2, S11 owned by applicant, Green Valley Ranch, Inc. (2 pages) 2001CW070 (94CW122) VICTOR TAWARA, 3008 N.E. Frontage Road, Fort Collins, CO 80524. Application to Make Absolute A Conditional Water Right, IN LARIMER COUNTY. Tawara #1 Ditch decreed 6/2/1995 in Case No. 94CW122, Water Division #1. Location: Larimer County Source: Box Elder Creek/Larimer County. Appropriation: 4/10/1995 Amount: 2.5 cfs Use: Irrigation of 130 acres. Outline of what has been done toward completion: Headgate constructed (per agreement) north of existing headgate. Water has been used on a regular basis for irrigation purposes. If claim to make absolute-Water applied to beneficial use: A. Date: 6/2/1995 Amount: 2.5 cfs Use: irrigation B. Description of place of use where water is applied to beneficial use: 130 acres in the SW1/4, S27, T8N, R68W, 6th P.M., Larimer County. (2 pages) 2001CW071(W-1957) William Walter Ray and/or Patricia Ann Ray, 17376 Weld County Road 46, LaSalle, CO 80645-4018, 970-284-5409 (P. Andrew Jones, Lind, Lawrence & Ottenhoff LLP, 1011 Eleventh Avenue, Greeley, CO 80631). Application for Change of Water Right, IN WELD COUNTY. 2. Name of Structure: Ray Well No. 1 (unregistered)a. Legal Description: Located in the N ½ of the NE 1/4 of the NW 1/4 of Section 13, Township 4 North, Range 67 West of the 6th P.M., at a point 566 feet from the North line of said Section 13 and 1712 feet from the West Section line of said Section 13. b. Source: Ground Water. c. Date of Appropriation: July 31, 1946. d. Amount: .61 cubic feet per second. e. Use: Irrigation of 18 acres on the N ½ of the NE 1/4 of the NW 1/4 of Section 13, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. 3. Requested correction: Applicant seeks to correct the flow rate, which was erroneously cited as .61 c.f.s in W-1957. The correct flow rate was and is 2.45 c.f.s. Applicant prosecuted the previous decree and made an error in calculating cubic feet per second. Ray Well No. 1 has always been capable of producing 2.45 cubic feet per second, so the correction represents no change or increase in water withdrawn from the alluvial aquifer. The well will continue to irrigate the same acreage and in the same location it has historically. See Applicant’s affidavit, attached hereto as Exhibit “A.” 4. Applicant owns the lands upon which Ray Well No. 1 is located. 2001CW072 HOME DEPOT U.S.A., INC, a Delaware Corporation, C/O Keith Pockross, Esq., LeBoeuf, Lamb, Greene & MacRae, 633 – 17th Street, Suite 2000, Denver, Colorado 80202. 303-291-2721. Robert E. Schween, P.C., Robert E. Schween, P.O. Box 26-2104, Littleton, Colorado

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80163-2104. APPLICATION FOR NONTRIBUTARY AND NOT NONTRIBUTARY GROUND WATER RIGHTS IN THE UPPER DAWSON, LOWER DAWSON, DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AQUIFERS, IN DOUGLAS COUNTY. 1. Name, Address, and Telephone Number of Applicant: Home Depot U.S.A., Inc., 2. Well Permits: Well permit applications for the wells to be constructed pursuant to this application and subsequent decree will be applied for at such time as Applicant is prepared to construct such wells pursuant to the terms of the decree to be entered in this matter. 3. Names, Description, and Estimated Depths of Wells: A. The wells which will withdraw ground water from each aquifer underlying the land described in paragraph 10 below will be located on Applicant's property, consisting of 55.5 acres, more or less, in the S ½ of the N ½, Section 26, Township 7 South, Range 67 West of the 6th P.M., in Douglas County, Colorado. See Exhibit A, General Location Map, Exhibit A-1, Site Location Map, and Exhibit B, Property Legal Description, attached hereto. Applicant requests the right to construct such wells anywhere on the overlying property to recover the entire allowable annual amounts from each aquifer as claimed herein or as determined by the Court pursuant to its retained jurisdiction. B. The estimated depths to the base of the aquifers at the location of Applicant’s property are as shown below. Actual well completion depths may vary from the depths estimated below. Aquifer Depth to Base Upper Dawson 400 Lower Dawson 750 Denver 1620 Arapahoe 2300 Laramie-Fox Hills 2900 5. Source of Water Rights: A. Not-Nontributary Ground Water: The ground water contained in the Upper Dawson, Lower Dawson, and Denver aquifers at this location is not-nontributary ground water as defined at § 37-90-103 (10.7), C.R.S. Such classification is consistent with the Denver Basin Nontributary Ground Water Rules, 2 CCR 402-6. Applicant may not obtain a well permit and withdraw such not-nontributary ground water until an augmentation plan is approved for the replacement of injurious stream depletions caused thereby. See § 37-90-137(9), C.R.S. No such plan is sought by this application. B. Nontributary Ground Water:The ground water contained in the Arapahoe and Laramie-Fox Hills aquifers at this location is nontributary ground water as defined at § 37-90-103 (10.5), C.R.S. Such classification is consistent with the Denver Basin Nontributary Ground Water Rules, 2 CCR 402-6. Applicant may consume all such ground water, except 2% of all such withdrawals must be relinquished to the stream system. Such relinquishment may be made by spillage, system leakage, direct discharge, or any method acceptable to the State Engineer. 5. Background: Applicant files this application for water rights pursuant to § 37-92-203, C.R.S., as a water matter concerning not-nontributary and nontributary ground water. Applicant is the contract purchaser of the overlying land as described herein. 6. Date of Initiation of Appropriation: Not Applicable. 7. Right to Ground Water Claimed Herein: A. Applicant seeks a decree for all ground water determined to be available from the named aquifers underlying the 55.5 acres of land, more or less, described herein, based upon a statutory aquifer life of 100 years. B. Applicant asserts that withdrawal in the average annual amounts determined to be available from the named aquifers can be made pursuant to § 37-90-137(4) and (9), C.R.S., without causing material injury to the vested rights of others. A Court-approved plan for augmentation must be obtained before any such not-nontributary ground water adjudicated herein may be produced. 8. Estimated Amounts and Rates of Withdrawal: A. Estimated Average Annual Amounts Available: (1) The estimated average annual amounts of withdrawal available from the named aquifers, as indicated below, are based upon interpretations of information contained in the Denver Basin Rules, 2 C.C.R. 402-6. Sat. Sand Specific Average Annual Aquifer Acres Thickness Yield Amount

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Upper Dawson 55.5 50 Feet 20% 5.5 AF Lower Dawson 55.5 80 Feet 20% 8.9 AF Denver 55.5 340 Feet 17 % 32.1 AF Arapahoe 55.5 320 Feet 17 % 30.2 AF Laramie-Fox Hills 55.5 180 Feet 15 % 15.0 AF (2) The final average annual amounts available from each aquifer will depend upon the actual hydrogeology and the legal entitlement of Applicant to all ground water in the subject aquifer underlying Applicant’s described property. B. Average Pumping Rates: The average pumping rate for wells to be completed into the four named aquifers is expected to vary from 15 to about 250 gpm. The actual pumping rate for each well may vary according to aquifer production capability at a particular location or well system design. Applicant requests that the pumping rates for each well may be as great as necessary to withdraw the full annual allocation of water from each named aquifer. 9. Well Fields: Subject to obtaining an adequate Court approved augmentation plan therefor, Applicant has the right to withdraw all of the legally available ground water in the Upper Dawson, Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying the land described in Paragraph 11 below, through any well(s) initially permitted in each aquifer and any additional well(s) which may become part of the Applicant’s well field. Applicant requests that the initial well(s) permitted, along with any additional well(s) completed into the same aquifer, shall be treated as a well field. As additional wells are constructed, well permit applications will be filed in accordance with § 37-90-137(10), C.R.S. 10. Proposed Uses: A. Applicant requests the right to use all ground water subject to this application. Such water is to be used, reused, successively used and, after use, leased, sold or otherwise disposed of for the following beneficial purposes: domestic, industrial, agricultural, commercial, irrigation, stock watering, storage, recreational, fish and wildlife propagation, fire protection, and any other beneficial purposes, to be used on or off the land described in Paragraph 11. B. Such water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 11. Description of the Land Overlying Subject Ground Water: Applicant’s property overlying the ground water claimed herein consists of 55.5 acres of land, more or less, located in Douglas County, and generally described as follows: A tract of land located in the S ½, N ½, Section 26, Township 7 South, Range 67 West of the 6th P.M., in Douglas County. See General Location Map, Exhibit A, Site Location Map, Exhibit A-1, and Property Legal Description, Exhibit B. 12. 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. 13. Name of Owner of the Land on Which Structures are Located: A. The owners of the overlying land area described herein are as follows: Michael K. Cooper, Gary Cooper, Richard M. Cooper, and Irving S. Hook. B. The above named owners have consented to having the ground water underlying the subject property adjudicated by and in the name of the named Applicant, Home Depot U.S.A., Inc. 14. Additional Remarks: A. Applicant requests the Court enter a decree granting: (1) A quantification and adjudication of the ground water rights in the aquifers named herein to which Applicant is entitled to develop and use; (2) The right to file and adjudicate an augmentation plan for such not-nontributary ground water herein at a later date under a separate caption and case number. (3) The right to withdraw more than the average annual amount estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7; and (4) The right to revise the above estimate of the average annual amounts available for withdrawal upward or downward, based on better or revised data, without the necessity of amending this application or republishing same. B. In compliance with House Bill 93-1060 (§ 37-92-302(2)(b), C.R.S.), Applicant will, within ten (10) days after filing this application, supplement this application with evidence that Applicant has given notice of the filing of this application by certified mail, return receipt requested, to every record owner

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of the overlying land and to every person who has a lien or mortgage on, or deed of trust to, the overlying land recorded in the county in which the overlying land is located. WHEREFORE, Applicant Home Depot U.S.A., Inc., requests a ruling and decree: 1. Granting the application herein and awarding the ground water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained, so that the State Engineer may issue well permits for such well(s) as Applicant requests under this decree, subject to the limitations described in such ruling and decree; and 2. Finding and determining that – (a) Applicant has complied with § 37-90-137(4), C.R.S., and ground water is legally available for withdrawal from the named aquifers through wells to be located on the Applicant’s property, EXCEPT THAT withdrawals of not-nontributary ground water may not be withdrawn until an augmentation plan is approved therefor;(b) Jurisdiction is to be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicant’s property, pursuant to § 37-92-305(11), C.R.S.; (c) Applicant or its successors may construct wells into the Upper and Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers anywhere on the subject property, so long as statutory well spacing requirements are met, without the necessity of filing any further amendments to this application, republishing this application, or reopening the decree to be awarded; (d) Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals proposed herein;(e) In accordance with § 37-92-305(11), C.R.S., no findings of reasonable diligence are required to maintain the water rights applied for herein; and (f) The nature and extent of the water rights claimed herein are defined by § 37-90-137(4), C.R.S., and the withdrawals sought to be made are based upon an aquifer life of 100 years and upon the quantity of ground water, exclusive of any artificial recharge, underlying the land shown on Exhibit A and described in Exhibit C hereto. FURTHER, Applicant requests this Court grant such other relief as it deems proper in the premises. 2001CW073 (88CW074) MOBILE PREMIX CONCRETE, INC., AS SUCCESSOR IN INTEREST TO WESTERN PAVING CONSTRUCTION CO., 1400 W. 64th Ave., P.O. Box 215001,Denver, CO 80221-0599, (303) 657-4000 (David A. Bailey, Massey Semenoff Schwarz & Bailey, P.C., 730 17th Street, Suite 330, Denver, CO 80203, (303) 893-1815. Please direct all inquiries, correspondence and pleadings regarding this matter to the counsel for Applicant.) APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN BOULDER COUNTY. Decree information: Name of water right: Rock’n WP Ranch Lake No. 4 (“Lake No. 4”); Decree case number: 88CW074, District Court, Water Division No. 1; Date of decree: May 3, 1995; Legal description: The center point of the lake, which has a surface area of approximately 40 acres, is located 2,040 feet south of the north section line and 2,040 feet east of the west section line, Section 27, T. 3 N., R. 70 W., 6th P.M., Boulder County; Source of water: St. Vrain Creek (as more particularly described in the above-referenced decree). Appropriation date: April 23, 1992; Quantity/flow rate: 880 acre-feet/300 cfs; Use of water: Augmentation, replacement and exchange, irrigation, industrial, recreational, and fish and wildlife propagation (as more particularly described in the above-referenced decree). Detailed outline of work done toward completion of the appropriation and application of water to beneficial use by Applicant, its consultants and contractors (collectively “Applicant”): (a) Lake No. 4 is part of an integrated development plan known as the Lyons Project (formerly known as “Rock'n WP Pit”). The Lyons Project is a sand and gravel mining project located on more than 600 acres approximately one mile east of the Town of Lyons. Mining will be completed in three phases over a period of approximately 30 years. Mining at the Lyons Project, including the area on which Lake No. 4 is located, is authorized by MLRB Permit No. M-74-015, as amended. Throughout the diligence period, Applicant has permitted and developed the Lyons Project with the intent of commencing mining in 2001 or 2002. (b) Applicant engineered, designed and constructed Lake No. 4 prior to the current diligence period. Applicant completed installation of the outlet structure during the diligence period, in late-1996 and early-1997, at a cost in excess of $15,000. The current capacity of Lake No. 4 is approximately 574 acre-feet, which may be expanded by Applicant in the future. (c) Applicant has conducted maintenance and improvement activities annually at Lake No. 4. The activities include, but are not limited to, flushing the outlet pipe and inspection and maintenance of the inlet structure. In one year

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during the diligence period, Applicant rip-rapped the west-facing side of the reservoir to minimize wind damage and erosion. (d) Applicant initially filled Lake No. 4 in May-June 1996. Water so diverted has been beneficially used for fish and wildlife propagation. However, Applicant is not seeking to make any portion of the water right absolute at this time. (e) Applicant has proposed to use water stored in Lake No. 4 for augmentation and exchange purposes in its application for a substitute water supply plan filed in connection with sand and gravel mining in Mining Area A of its Lyons Project. The substitute water supply plan is presently under consideration by the State Engineer’s Office. In addition to its substitute plan, Applicant has prepared a long-term water rights analysis using the water rights associated with the Lyons Project property. The long-term plan uses Lake No. 4 as the storage reservoir for the augmentation of mining-related depletions for the 30-year mining life of the Lyons Project and for the final augmentation of the reclaimed groundwater lakes. (f) Applicant has prepared reports which have addressed the use of Lake No. 4 for its decreed purposes or which cover Lyons Project water issues, including Lake No. 4. These reports include, in particular, “Engineering Report Documenting the Historic Use of the Lyons Area Ditches & Future Water Requirements at the Lyons Pit.” (g) Applicant has had negotiations with Boulder County and the St. Vrain and Left Hand Water Conservancy District concerning the purchase of Lake No. 4. The uses contemplated by the prospective purchasers are consistent with the current decreed uses of Lake No. 4. If the purchase is not completed, however, Applicant intends to operate Lake No. 4 itself for its decreed purposes. (h) Applicant completed a survey of the north side of Lake No. 4 in August 2000. This survey was designed to locate a suitable location with enough elevation change for an additional outlet that would be able to release water to St. Vrain Creek upstream from the Oligarchy Ditch headgate. The additional outlet would facilitate use of Lake No. 4 for year-round augmentation. WHEREFORE, Applicant requests a finding that they have exercised reasonable diligence in the development of the conditional water right, and for such other and further relief as this Court deems just and proper. 2001CW074 (94CW196, 83CW300) GLENMOOR COUNTRY CLUB, INC., 110 Glenmoor Drive, Cherry Hills Village, CO 80110 c/o Charles B. White, Petros & White, LLC, 730 17th Street, Suite 820, Denver, CO 80202 (303) 825-1980. APPLICATION FOR A FINDING OF REASONABLE DILIGENCE AND TO MAKE CONDITIONAL WATER RIGHTS PARTIALLY ABSOLUTE, IN ARAPAHOE COUNTY. Name of Structures: a. Glenmoor North Pond b. Glenmoor West Pond c. Glenmoor East Pond (Collectively, the “Glenmoor Ponds”). Date of Original Decree: October 3, 1988, Case No. 83CW300, District Court for Water Division 1. On May 3, 1995, in Case No. 94CW196, District Court for Water Division 1, a decree was entered making the Glenmoor Ponds partially absolute and continuing the remaining conditional water rights. Location: All three ponds are in the SE1/4, S. 12, T. 5 S., R. 68 W., 6th P.M., Arapahoe County, Colorado, a/k/a 110 Glenmoor Drive, Cherry Hills Village, Colorado. (i) Glenmoor North Pond spillway at point approximately 20 feet South and 1350 feet West of E1/4 corner of Section 12. (ii) Glenmoor West Pond spillway at a point approximately 460 feet North and 470 feet West of SE corner of Section 12. (iii) Glenmoor East Pond spillway at a point approximately 270 feet North and 300 feet West of SE corner of Section 12. Source: Greenwood Gulch, tributary to Little Dry Creek, tributary to the South Platte River, and natural runoff. Appropriation date: July 1, 1983 for all three ponds. Amount: (1) Glenmoor North Pond: 2.44 acre feet, absolute, and 17.56 acre-feet, conditional, for irrigation and fish culture; 20 acre-feet, conditional, for substitution, replacement, plans of augmentation and exchange of water; and 20 acre-feet refill, conditional, for all uses. (2) Glenmoor West Pond: 1.42 acre feet, absolute, and 8.58 acre-feet, conditional, for irrigation and fish culture; 10 acre-feet, conditional, for substitution, replacement, plans of augmentation and exchange of water; and 10 acre-feet refill, conditional, for all uses. (3) Glenmoor East Pond: 6.54 acre feet, absolute, and 13.46 acre-feet, conditional, for irrigation and fish culture; 20 acre-feet, conditional, for substitution, replacement, plans of augmentation and exchange of water; and 20 acre-feet refill, conditional, for all uses. Uses: Irrigation on 180 acres, fish culture, substitution, replacement, plans of augmentation and exchange of water. All uses to be for operation of a golf course and associated facilities. The water rights for the Glenmoor Ponds are part of an integrated system of water rights which includes each of the Ponds and the absolute and conditional water rights for the Glenmoor Ditch for use on the Glenmoor Golf Course. Claim to Make Partially Absolute: During 1999, an additional 9.27 acre-feet of water was stored in the Glenmoor Ponds and applied to beneficial use for irrigation and fish culture purposes, for a total of 19.67 acre-feet of absolute water rights including the 10.4 acre-feet that was made absolute in Case No. 94CW196. The total volume of water stored in each Pond during 1999 was as follows: a. North Pond: 4.96 acre-feet, which represents an

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increase of 2.52 acre-feet over the 2.44 acre feet previously decreed as absolute. b. West Pond: 7.24 acre-feet, which represents an increase of 5.82 acre-feet over the 1.42 acre feet previously decreed as absolute. c. East Pond: 7.47 acre-feet, which represents an increase of 0.93 acre-feet over the 6.54 acre feet previously decreed as absolute. Evidence of Reasonable Diligence. The Glenmoor Ponds stored all water available in priority in Greenwood Gulch. The Ponds were constructed prior to the current diligence period and were fully operational throughout that period. The application contains a detailed outline of the work performed for the completion of appropriation and the application of the water to beneficial use. 2001CW075 (94CW195, 83CW299) GLENMOOR COUNTRY CLUB, INC., 110 Glenmoor Drive, Cherry Hills Village, CO 80110 c/o Charles B. White, Petros & White, LLC, 730 17th Street, Suite 820, Denver, CO 80202 (303) 825-1980. APPLICATION FOR A FINDING OF REASONABLE DILIGENCE AND TO MAKE CONDITIONAL WATER RIGHTS PARTIALLY ABSOLUTE, IN ARAPAHOE COUNTY. Name of Structure: Glenmoor Ditch. Date of Original Decree: October 3, 1988, Case No. 83CW299, District Court for Water Division 1. On May 3, 1995, in Case No. 94CW195, District Court for Water Division 1, a decree was entered making the Glenmoor Ditch partially absolute and continuing the remaining conditional water rights. On July 21, 1995, in Case No. 91CW110, District Court for Water Division 1, a decree was entered allowing the use of the Greenwood Gulch Pumping Plant as an alternate point of diversion for the Glenmoor Ditch absolute and conditional water rights. Location: (1) The original decreed location of the Glenmoor Ditch headgate is in the SE1/4 SE1/4 Section 12, T. 5 S, R. 68 W, 6th P.M., Arapahoe County at a point which bears North 44° 48' 13" West a distance of 165 feet from the SE corner of Section 12. (2) The decreed location of the Greenwood Gulch Pumping Plant is at a point in Section 12, T.5 S, R.68 W, 6th P.M., Arapahoe County, approximately 1,250 feet West of the East section line and 2,500 North of the South section line of said Section 12. Source: Greenwood Gulch, tributary to Little Dry Creek, tributary to the South Platte River, and natural runoff. Appropriation date: July 1, 1983. Amount: 0.24 c.f.s., absolute, and 1.98 c.f.s., conditional, for irrigation and fish culture; 2.22 c.f.s., conditional, for all other uses. Use: Irrigation on 180 acres, fish culture, substitution, replacement, plans for augmentation and exchange of water. All uses to be for operation of a golf course and associated facilities. The water rights for the Glenmoor Ditch are part of an integrated system of water rights which includes the absolute and conditional water rights for the Glenmoor Ponds for use on the Glenmoor Golf Course. Claim to Make Partially Absolute: On May 18, 1997, an additional 1.11 c.f.s. of water was diverted under the Glenmoor Ditch priority and applied to beneficial use for irrigation and fish culture purposes, for a total of 1.35 c.f.s. of absolute water rights, including the 0.24 c.f.s. that was made absolute in Case No. 94CW195. Evidence of Reasonable Diligence. The Applicant diverted all water available in priority in Greenwood Gulch. The Glenmoor Ditch and Greenwood Gulch Pumping Plant were constructed prior to the current diligence period and were fully operational throughout that period. The application contains a detailed outline of the work performed for the completion of appropriation and the application of the water to beneficial use. 2001CW076 SEVENTH DAY ADVENTIST ASSOCIATION OF COLORADO, INC., 2520 South Downing Street, Denver, Colorado 80210. (David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION TO MAKE ABSOLUTE A CONDITIONAL WATER RIGHT AND FOR A FINDING OF REASONABLE DILIGENCE. IN BOULDER COUNTY. 1. Name of Structure: Glacier View Ranch Pond No. 1. 2. 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 on May 3, 1995, in Case No. 94CW184. 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, Colorado. 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. Date of Appropriation: June 3, 1987. E. Amount of Water: 1.0 acre foot, CONDITIONAL. F. Use of the Water: Augmentation, replacement, exchange, municipal, domestic, commercial, stock watering, piscatorial, wildlife propagation, recreation and fire protection. 3. Outline of What Has Been Done Toward Completion of the Appropriation and Application of Water to a Beneficial Use as Conditionally Decreed: The construction of Glacier View Pond No. 1 was completed between the Fall of 1994 and the Summer of 1995 to a capacity of at least 0.3 of an acre foot. Water has been stored in the Pond

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every year since construction. The Pond has been utilized for stock watering, recreation and wildlife propagation purposes in conjunction with Applicant's Glacier View Ranch operations. Water stored in the Pond has also been available for fire protection purposes. The Pond is a component of the Glacier View Ranch augmentation plan decreed in Case No. 87CW133. WHEREFORE, Applicant requests that the Court enter an Order making the Glacier View Ranch Pond No. 1 an Absolute water right in the amount of 0.3 of an acre foot; making Absolute the uses of stock watering, recreation, wildlife propagation, and fire protection; and continuing all other conditional rights decreed to the Pond for another diligence period. (3 pages) 2001CW077 EDGAR J. AND ARNETTA L. LENGEL, 1711 County Road CCC, Burlington, CO 80807. Harold F. Hurst, Box 416, Kiowa, CO 80117. APPLICATION FOR CHANGE OF WATER RIGHT, IN YUMA COUNTY.

1. Applicants: Edgar J. Lengel Arnetta L. Lengel 1711 County Road CCC Burlington, CO 80807 (970)354-7707

2. Decreed names of structure(s) for which change is sought: Newton Ditch (designated as Ditch No. 28) with Irrigation Priority No. 33. Emerson Ditch No. 3.

3: From previous decree: A: Date entered:

Newton Ditch -July 15, 1904 in Case No. 2985 - District Court of Kit Carson County, Water District 49; and - change of Point of Diversion decreed by District Court of Kit Carson County in Case No. 4433. Emerson Ditch No. 3- December 28, 1893 in Arapahoe District Court Case No. 18162

B: Decreed point of diversion: Newton Ditch -Headgate of Hale Ditch as provided, established and located by the Facilities and structures in and through Bonny Dam and Reservoir for delivery of water to the Hale Ditch. Emerson Ditch No. 3 - in the SE1/4NW1/4 Section 22, T5S, Range 44W

C: Source : Newton Ditch -Direct flow rights from the South Fork of the Republican River. Emerson Ditch No. 3 - Direct flow rights from the South Fork of the Republican River

D: Appropriation date: Newton Ditch - July 15, 1904 Emerson Ditch - December 28, 1893

E. Historic Use: Irrigation of Alfalfa, corn and alternate crops by direct flow from the South Fork of the Republican River the Emerson Ditch and Newton Ditch in Sections 23, 26 and 27, Township 5S, Range 44W, Yuma County, Colorado.

4. Proposed change: Applicant seeks an alternate point of diversion by means of an alluvial wells and pivot system in the Section 23, Township 5S, Range 44W of the 6th P.M., Yuma County, Colorado.

5. Names and addresses of the owners of the land on which structures are located: Edgar J. Lengel Arnetta L. Lengel 1711 County Road CCC Burlington, CO 80807

6. Applicants will forego direct diversion at such times as the proposed wells are pumped. All water not diverted under existing decrees will be deemed stored in Bonny Reservoir to be held for subsequent downstream diversion.

WHEREFORE, Applicants request the Court enter a Decree granting this Application and awarding the change in water rights requested. (2 Pages)

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2001CW-78 Slate Ditch Company, c/o Mark Wilson, President, 7008 WCR 23½, Fort Lupton, Colorado 80621. (Kim Lawrence, Lind, Lawrence & Ottenhoff LLP, 1011 Eleventh Avenue, Greeley, CO, 80631). Application for Water Right, in Weld County. 2. Name of Structure: Slate Ditch. 3. Legal Description of Diversion: The headgate of the Slate Ditch, is located in the SW¼ NE¼ SW¼, Section 35, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado. 4. Source of Water: Little Dry Creek. 5. A. Date of Initiation of Appropriation: May 1, 2001. B. How Appropriation Was Initiated: By Action of the Board of Directors. 6. Amount Claimed: 6.0 c.f.s., conditional. 7. Use: Irrigation. 8. Name and Address of Owner of the Ditch: Applicant. 2001CW079 CASE VOID 2001CW080 CONCERNING THE APPLICATION FOR WATER RIGHTS OF WARD R. KELLEY, KT EAST, LLC, AND A.S. HORNER CONSTUCTION COMPANY, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF A PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DENVER AQUIFERS, IN DOUGLAS COUNTY. 1. Name, Address, Telephone Number of Applicants: Ward R. Kelley and KT East, LLC, 1699 S. Perry Park Road, Sedalia, Colorado 80135 (303) 791-7473, and A.S. Horner Construction Company, P.O. Box 3327, Englewood, Colorado 80155 (303) 721-8002 (Holly I. Holder, Holly I. Holder, P.C., 518 17th Street, #1500, Denver, Colorado 80202 (303) 534-3636). 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 Denver and nontributary Arapahoe and Laramie-Fox Hills aquifers will be located at any location on approximately 153 acres of land located in parts of the W1/2SE1/4 and the E1/2SW1/4 of Section 34, T6S, R68W of the 6th P.M., as more particularly described and shown on Attachment A hereto ("Subject Property"). Applicant Ward R. Kelley is the owner of approximately 72.3 acres; KT East, LLC, is the owner of approximately 44.7 acres; and A.S. Horner Construction Company is the owner of 35.9 acres of the Subject Property. Applicants are the owners of the groundwater requested herein underlying their respective properties. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Denver aquifer is not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. The groundwater to be withdrawn from the Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater as described in 37-90-103(10.5), C.R.S. 5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the subject amounts of groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicants will withdraw the subject groundwater through wells to be located at any location on the Subject Property. Applicants waive any 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicants estimate the following annual amounts are representative of the Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: Saturated Annual Aquifer Thickness Amount Denver 206 feet 51 acre-feet Arapahoe 360 feet 97 acre-feet Laramie-Fox Hills 169 feet 40 acre-feet The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants and represents a claim to all nontributary and not nontributary groundwater underlying the Subject Property, except that Applicants will reserve part of the Denver aquifer water for use through exempt wells, if necessary. 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein, which may be located anywhere on the Subject Property, and any additional wells which may be completed in the future as Applicants' well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: Applicants will use all water withdrawn from the subject aquifers in a water system to be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes:

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municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, and fire protection uses. Said water will be produced for immediate application to said uses, both on and off the property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Description of plan for augmentation: A. Groundwater to be augmented: Approximately 12 acre-feet per year of the not nontributary Denver aquifer groundwater requested herein as described in paragraph 5 above. Applicants reserve the right to increase or decrease this amount without amending this application or republishing the same. B. Water rights to be used for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. C. Statement of plan for augmentation: Applicants will use the Denver aquifer water to serve up to four commercial tracts through individual or central wells for commercial and irrigation use on the Subject Property at rates of flow necessary to withdraw the entire annual amount. For purposes of this application, irrigation use will require approximately 0.057 acre-feet per year for irrigation of every 1000 square-feet of lawn or garden. Applicants reserve the right to amend the number of commercial tracts to be served and these values based on final planning considerations for the Subject Property. Sewage treatment for commercial use will be provided by non-evaporative septic systems. Consumptive use associated with commercial use will be approximately 10% of water used and it is estimated that approximately 10% of water used for irrigation will be returned to the stream system. Before any other type of sewage treatment is proposed in the future, including incorporation of the lots into a central sewage collection and treatment system, Applicants, or successors and assigns, will amend this decree prior to such change and thereby provide notice of the proposed change to other water users by publication procedures required by then existing law. During pumping Applicants will replace actual depletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S. Applicants estimate that depletions may occur to the Plum Creek stream system. Return flows from use of the subject water rights via that stream system will accrue to the South Platte River system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. After the entire amount decreed herein has been withdrawn or after pumping ceases, Applicants will demonstrate that any depletions which may occur to the stream systems are non-injurious and need not be replaced. However, if the Court finds that such depletions need to be replaced, Applicants will reserve an adequate amount of nontributary groundwater underlying the Subject Property to meet augmentation requirements. 10. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thickness, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. C. Applicants will withdraw part of the not nontributary Denver aquifer groundwater requested herein under the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE, Applicants pray that this Court enter a Decree: 11. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 12. Specifically determining that: A. Applicants have complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicants property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Denver aquifer is not nontributary and groundwater in the Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater and the plan for augmentation proposed herein; D. No findings of diligence are required to maintain these water rights. FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises. 2001CW081 CONCERNING THE APPLICATION FOR WATER RIGHTS OF LUNDIECK INVESTMENTS, INC., FGW INVESTMENTS, LTD., AND JOHN AND BONITA CLARKE,

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APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY LOWER DAWSON AND DENVER AQUIFERS, IN DOUGLAS COUNTY. 1. Names and Addresses of Applicants: Lundieck Investments, Inc., 8480 E. Orchard Road, #1100, Englewood, Colorado 80111; FGW Investments, Ltd., 8240 S. Seabrook Lane, Littleton, Colorado 80120; John and Bonita Clarke, Box 366, Fraser, Colorado 80442. (Holly I. Holder, Holly I. Holder, P.C., 518 17th Street, #1500, Denver, Colorado 80202 (303) 534-3636). 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 59 acres of land located in the NE1/4 of Section 4, T6S, R66W of the 6th P.M., as more particularly described and shown on Attachment A hereto. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property subject to Section 37-90-137(4), C.R.S. Applicants are the owners of the land and/or the water rights underlying the Subject Property. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in 37-90-103(10.5), C.R.S. The groundwater to be withdrawn from Lower Dawson and Denver aquifers is not nontributary as described in 37-90-137(9)(c), C.R.S. 5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicants estimate that the following annual amounts are representative of the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property. (Actual decreed amounts will be lower after deducting amounts associated with pre-existing wells and cylinders of appropriation): Saturated Estimated Aquifer Thickness Annual Amount Lower Dawson 100 feet 11.2 acre-feet Denver 215 feet 21.5 acre-feet Arapahoe 238 feet 23.8 acre-feet Laramie-Fox Hills 215 feet 19.0 acre-feet The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants and represents a claim to all not nontributary and nontributary groundwater underlying the Subject Property. 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein and any additional wells which may be completed in the future as Applicants' well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: The water will be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, and fish and wildlife. Said water will be produced for immediate application to said uses, both on and off the Subject Property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thicknesses, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. WHEREFORE, Applicants pray that this Court enter a Decree: 10. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 11. Specifically determining that: A. Applicants have complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near the Subject Property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in

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the Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater. The groundwater in the Lower Dawson and Denver aquifers is not nontributary and that water will not be withdrawn until a plan for augmentation is approved by the Court; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater proposed herein and no findings of diligence are required to maintain these water rights. FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises. 2001CW082 CONCERNING THE APPLICATION FOR WATER RIGHTS OF JRW FAMILY LIMITED PARTNERSHIP, JAMES R., MICHELLE A., DIANE L., AND LISA A. WALKER, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF A PLAN FOR AUGMENTATION AND CHANGE OF WATER RIGHT, IN THE NOT NONTRIBUTARY LOWER DAWSON AND DENVER AQUIFERS, IN DOUGLAS COUNTY. 1. Name, Address, Telephone Number of Applicants: JRW Family Limited Partnership, James R., Michelle A., Diane L., and Lisa A., Walker, c/o 5975 E. Jamison Place, Castle Rock, Colorado 80112 (303) 779-5685 (Holly I. Holder, Holly I. Holder, P.C., 518 17th Street, 1500, Denver, Colorado 80202 (303) 534-3636). 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: Applicants previously obtained two decrees in Case Nos. 97CW097 and 98CW403, District Court, Water Division 1, for not nontributary and nontributary water underlying land located in parts of Sections 34, 35, and 36, T7S, R67W, and part of Section 1, T8S, R67W, all of the 6th P.M., as shown on Attachment A hereto ("Subject Property"). In Case No. 97CW097, the not nontributary Lower Dawson aquifer water underlying approximately 40 acres of land located in the SE1/4SE1/4 of Section 35, T7S, R67W was not quantified and decreed. Also, 3 acre-feet per year of the not nontributary Denver aquifer groundwater underlying this same 40 acres was reserved and not decreed for use through an exempt well, if necessay. By this application, Applicants request that this 3 acre-feet of not nontributary groundwater now be quantified and decreed for use by Applicants. In Case No. 98CW403, 9 acre-feet per year of not nontributary Lower Dawson aquifer and 9 acre-feet per year of not nontributary Denver aquifer groundwater was also not decreed so that water would be available for use through exempt wells, if necessary. By this application, Applicants request that this 9 acre-feet of not nontributary Lower Dawson and 9 acre-feet per year of Denver aquifer groundwater now be quantified and decreed for use by Applicants. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Lower Dawson and Denver aquifers is not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. 5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the subject amounts of groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicants will withdraw the subject groundwater through wells to be located at any location on the Subject Property. Applicants waive any 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. The estimated average annual amounts of withdrawal available from the Lower Dawson aquifer underlying the SE1/4SE1/4 of Section 35 as described above and as based upon the Denver Basin Rules, 2 C.C.R. 402-6 is as follows: Saturated Annual Aquifer Thickness Amount Lower Dawson 191 feet 15 acre-feet The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants. 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein, which may be located anywhere on the Subject Property, and any additional wells which may be completed in the future as Applicants' well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: Applicants will use all water withdrawn from the subject aquifers in a water system to be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, and fire protection uses. Said water will be produced for immediate application to said uses, both on and off the property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8.

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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: 24 acre-feet per year of Lower Dawson aquifer groundwater requested above; 12 acre-feet per year of Denver aquifer water requested above; and 17.2 acre-feet per year of not nontributary Denver aquifer water as decreed in Case No. 97CW097. Applicants reserve the right to increase or decrease this amount without amending this application or republishing the same. B. Water rights to be used for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. C. Statement of plan for augmentation: The subject Lower Dawson and Denver aquifer groundwater may be used for commercial, light industrial, and irrigation purposes on the Subject Property. Sewage treatment may be provided by non-evaporative septic systems or central sewer treatment. If the commercial and light industrial use is treated by a central treatment plant, only return flows from irrigation use will be claimed for replacement of depletions during pumping as described below. Consumptive use associated with commercial and light industrial use will be approximately 10% of water used and it is estimated that approximately 10% of water used for irrigation will be returned to the stream system. Applicant has a similar augmentation plan pending in Case No. 00CW068, District Court, Water Division 1, for not nontributary Lower Dawson and Denver aquifer water previously decreed in Case No. 98CW403, and requests that the water requested in this application be used in combination with the water and under the terms of that case. D. During pumping of the Lower Dawson aquifer groundwater, Applicants will replace actual depletions to the affected stream system, and during pumping of the Denver aquifer groundwater, Applicants will replace an amount equal to 4% of the annual amount withdrawn, pursuant to Section 37-90-137(9)(c), C.R.S. Applicants estimate that depletions occur to the East Plum Creek stream system. Return flows from use of the subject water rights from use of the water, will accrue to the South Platte River system and those return flows are sufficient to replace actual depletions for withdrawal of the Lower Dawson aquifer water and an amount equal to 4% of the annual amount withdrawn for withdrawal of the Denver aquifer water while the subject groundwater is being pumped. E. After the 100th year of pumping, after all the Lower Dawson and Denver aquifer water is withdrawn, or after pumping ceases, Applicants will demonstrate that any depletions which may occur to the stream systems are non-injurious and need not be replaced. However, if the Court finds that such depletions need to be replaced, Applicants will reserve an adequate amount of nontributary groundwater as decreed in Case No. 97CW097 or Case No. 98CW403 to meet augmentation requirements. 10. Request for change of water right: In Case No. 97CW097 and 98CW403, Applicants were granted decrees for amounts of not nontributary and nontributary groundwater in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying the land as shown on Attachment A hereto. By this application, Applicants request that the water decreed in Case No. 97CW097, be withdrawn through well fields in combination with the water decreed in and through wells located on the land in Case No. 98CW403, and vice versa. Applicants also request that the not nontributary water to be decreed and withdrawn pursuant to the augmentation plan as requested in this case, be withdrawn in combination with the same type of water as previously decreed, through wells which may be located on the land associated with either of the existing decrees. 11. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thickness, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. C. Applicants will withdraw the not nontributary Lower Dawson and Denver aquifer groundwater requested herein under the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE, Applicants pray that this Court enter a Decree: 12. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 13. Specifically determining that: A. Applicants have complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal as proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicants property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Lower Dawson and Denver aquifers is not nontributary groundwater; C. Vested or conditionally decreed water

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rights of others will not be materially injured by the withdrawals of groundwater and the plan for augmentation or the change of water right proposed herein; D. No findings of diligence are required to maintain these water rights. FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises. 2001CW083 CONCERNING THE APPLICATION FOR WATER RIGHTS OF MARILYN PARKER, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY AND NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY LOWER DAWSON AND DENVER AQUIFERS, IN DOUGLAS COUNTY. 1. Name, Address, Telephone Number of Applicant: Marilyn Parker, P.O. Box 1418, Parker, Colorado 80134 (303) 841-3458 (Holly I. Holder, Holly I. Holder, P.C., 518 17th Street, #1500, Denver, Colorado 80202 (303) 534-3636). 2. Well Permits: Well permits will be applied for prior to construction of the wells. 3. Legal Description of Wells and Subject Property: The property which is the subject of this application is approximately 155 acres of land located in the NE1/4 of Section 30, T6S, R66W of the 6th P.M., as shown on Attachment A hereto. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property subject to Section 37-90-137(4), C.R.S. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary groundwater as described in 37-90-103(10.5), C.R.S. The groundwater to be withdrawn from Lower Dawson and Denver aquifer is not nontributary as described in 37-90-137(9)(c), C.R.S.5. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. For purposes of this application, Applicant estimates that the following annual amounts are representative of the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: Saturated Estimated Aquifer Thickness Annual Amount Lower Dawson 157 feet 50 acre-feet Denver 257 feet 70 acre-feet Arapahoe 277 feet 75 acre-feet Laramie-Fox Hills 188 feet 45 acre-feet The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicant and represents a claim to all not nontributary and nontributary groundwater underlying the Subject Property. Applicant will reserve part of the Lower Dawson aquifer water which may be available underlying the Subject Property for use through exempt wells pursuant to Section 37-92-602, C.R.S. 6. Well Fields: Applicant requests that this Court determine that Applicant has the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein and any additional wells which may be completed in the future as Applicant's well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: The water will be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, and fish and wildlife, and fire protection. Said water will be produced for immediate application to said uses, both on and off the Subject Property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Remarks: A. Applicant claims the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicant has estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thicknesses, Applicant requests the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. WHEREFORE, Applicant prays that this Court enter a Decree: 10. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 11. Specifically determining that: A. Applicant has complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average

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annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near the Subject Property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater. The groundwater in the Lower Dawson and Denver aquifers is not nontributary and that water will not be withdrawn until a plan for augmentation is approved by the Court; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater proposed herein and no findings of diligence are required to maintain these water rights. FURTHER, Applicant prays that this Court grant such other relief as seems proper in the premises. 2001CW084 (Water Division 1)-(Case No. 2001CW040 Water Division 2). CONCERNING THE APPLICATION FOR WATER RIGHTS OF CHRISTOPHER K. AND CRISTINA I. PHILLIPS AND KING'S DEER DEVELOPMENT, LLC, APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF A PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DAWSON AND DENVER AQUIFERS, IN EL PASO COUNTY. 1. Names, Addresses, and telephone numbers of Applicants: Christopher K. and Cristina I. Phillips, 17584 Colonial Park Drive, Monument, Colorado 80132 and King's Deer Development, LLC, 6189 Lehman Drive, Suite 201, Colorado Springs, Colorado 80918 (719) 592-0833. (Holly I. Holder, Holly I. Holder, P.C., 518 17th Street, #1500, Denver, Colorado 80202 (303) 534-3636). 2. Well Permits: Well permits will be applied for when Applicants are prepared to drill the wells. 3. Legal Description of Wells and Subject Property: The wells which will withdraw groundwater from the subject not nontributary and nontributary aquifers will be located on approximately 35 acres of land located in part of the SW1/4 of Section 21, T11S, R66W of the 6th P.M, as more particularly described and shown on Attachment A hereto (Subject Property). Applicants Christopher and Cristina Phillips are the owners of the Subject Property at the time of this application. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Dawson and Denver aquifers underlying the Subject Property is not nontributary as described in 37-90-103(10.7) and 37-90-137(9)(c), C.R.S. The ground water to be withdrawn from the Arapahoe and Laramie-Fox Hills aquifer underlying the Subject Property is nontributary groundwater as described in 37-90-103(10.5), C.R.S. 5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the subject amounts of groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicants will withdraw the subject groundwater through wells to be located at any location on the Subject Property, including an existing well in the Dawson aquifer which is the subject of Permit No. 218502, if necessary. Applicants waive the 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicants estimate the following annual amounts are representative of the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: Saturated Estimated Aquifer Thickness Annual Amount Dawson 394 feet 27.6 acre-feet Denver 546 feet 32.5 acre-feet Arapahoe 245 feet 14.6 acre-feet Laramie-Fox Hills 195 feet 10.2 acre-feet The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants and represents a claim to all nontributary and not nontributary groundwater underlying the Subject Property. 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein, which may be located anywhere on the Subject Property, and any additional wells which may be completed in the future as Applicants' well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. 7. Proposed Use: Applicants will use all water withdrawn from the subject aquifers in a water system to be used, reused, successively used, and after use leased, sold, or otherwise disposed of for the following beneficial

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purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, fire protection, and any other beneficial purpose. Said water will be produced for immediate application to said uses, both on and off the property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90-137(6), C.R.S. 9. Description of plan for augmentation: A. Water and structures to be augmented: Approximately 7.15 acre-feet per year over a 300 year pumping period of Dawson aquifer water requested herein. B. Water rights to be used for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. C. Statement of plan for augmentation: The subject Dawson aquifer groundwater may be used for inhouse, irrigation, and stockwatering purposes to serve approximately 13 residential lots on the Subject Property for 300 years. The lots will be served by individual wells which will withdraw at rates of flow of 15 gpm. For purposes of this application, Applicants estimate that each lot will require approximately 0.55 acre-feet annually for inhouse use (0.3 acre-feet), irrigation use 3500 square-feet of home lawn and garden (0.2 acre-feet), and of up to 4 horses (0.05 acre-feet). Applicants reserve the right to revise the number of lots to be served and the referenced demand without the need of revising or republishing this application. Each lot will utilize non-evaporative septic systems. Consumptive use associated with inhouse use will be approximately 10% of water used and it is estimated that approximately 10% of water used for irrigation will be returned to the stream system. Stockwatering use will be 100% consumed. During pumping Applicants will replace actual depletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S. Because depletions may occur in both Water Divisions 1 and 2, this application is being filed in both divisions. Return flows from the development through nonevaporative septic systems and irrigation use accrue to the South Platte River system and those return flows are sufficient to replace actual depletions to that system while those wells are being pumped. Before any other type of sewage treatment is proposed in the future, including incorporation of the lots into a central sewage collection and treatment system, Applicants, or successors and assigns, will amend this decree prior to such change and thereby provide notice of the proposed change to other water users by publication procedures required by then existing law. Depletions which may occur to the Arkansas River system may not be replaced by return flows from use of the water, if that is the case, said depletions will be replaced by direct discharges from the nontributary groundwater decreed herein, or from direct discharges or return flows from other legally available sources. Applicants may also request that the total amount of depletion to both stream systems be returned to one system and for a finding that those replacements are sufficient. After pumping ceases, Applicants will demonstrate that any depletions which may occur to the stream systems are non-injurious and need not be replaced. However, if the Court finds that such depletions need to be replaced, Applicants will reserve an adequate amount of nontributary groundwater underlying the Subject Property for replacement of post-pumping depletions. 10. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thickness, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. C. Applicants will withdraw all or parts of the not nontributary Dawson aquifer water requested herein under the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE, Applicants pray that this Court enter a Decree: 11. Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 12. Specifically determining that: A. Applicants have complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicants' property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Dawson and Denver aquifers is not nontributary and groundwater in the Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater and the plan for augmentation proposed herein; D. The post-pumping depletions caused by

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pumping of the not nontributary Dawson aquifer wells is noninjurious. FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises. 2001CW085 CONCERNING THE APPLICATION FOR WATER RIGHTS OF ANTHONY L. SMITH AND ERICA L. VENNETE-SMITH, APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION, IN ELBERT COUNTY. 1. Name, Address, Telephone Number of Applicants: Anthony L. Smith and Erica L. Vennete-Smith, 36649 View Ridge Drive, Elizabeth, Colorado 80107(303) 646-3108 (Holly I. Holder, Holly I. Holder, P.C., 518 17th Street, #1500, Denver, Colorado 80202 (303) 534-3636). 2. Description of plan for augmentation: A. Groundwater to be augmented: Approximately 1.5 acre-feet per year of not nontributary Upper Dawson aquifer groundwater as decreed in Case No. 94CW190, District Court, Water Division 1. Applicants are the owners of the water rights decreed in that case, underlying and associated with approximately 30 acres of land being Lot 2, Smith-Huck Subdivision, located in part of the N1/2 of Section 7, T8S, R64W of the 6th P.M., as shown on Attachment A hereto ("Subject Property"). B. Water rights to be used for augmentation: Return flows from the use of not nontributary Upper Dawson aquifer water and return flows and direct discharge of nontributary groundwater underlying the Subject Property as previously decreed in this court in Case No. 94CW190. Applicants are the owners of the following amounts of nontributary water underlying the Subject Property: Aquifer Annual Amount Lower Dawson 6.2 acre-feet Denver 12.3 acre-feet Arapahoe 11.8 acre-feet Laramie-Fox Hills 9.5 acre-feet C. Statement of plan for augmentation: The subject Upper Dawson aquifer groundwater will be limited to 1.5 acre-feet per year for inhouse use in one residence (0.3 acre-feet), irrigation of 19,000 square-feet of home lawn and garden (1.1 acre-feet) and watering of 8 large domestic animals (0.1 acre-feet). Sewage treatment will be provided by non-evaporative septic systems. Consumptive use associated with inhouse use will be approximately 10% of water used and it is estimated that approximately 10% of water used for irrigation will be returned to the stream system. Stockwatering use will be 100% consumed. Before any other type of sewage treatment is proposed in the future, including incorporation into a central sewage collection and treatment system, Applicants, or successors and assigns, will amend this decree prior to such change and thereby provide notice of the proposed change to other water users by publication procedures in use at that time. D. During pumping Applicants will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c), C.R.S. Applicants estimate that depletions occur to the Running Creek stream system. Return flows from use of the subject water rights from the inhouse use through a nonevaporative septic system and from irrigation use, will accrue to the South Platte River system and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. E. After the 100th year, after all the Upper Dawson water is withdrawn, or after pumping ceases, Applicants will demonstrate that any depletions which may occur to the stream systems are non-injurious and need not be replaced. However, if the Court finds that such depletions need to be replaced, Applicants will reserve an adequate amount of nontributary groundwater underlying the Subject Property to meet augmentation requirements. 3. Remarks: Applicants will withdraw 1.5 acre-feet per year of the not nontributary Upper Dawson aquifer water underlying the Subject Property under the plan of augmentation requested herein pursuant to Section 37-90-137(9)(c), C.R.S. WHEREFORE, Applicants pray that this Court enter a Decree: 4. Granting the application herein and specifically determining that vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater and the plan for augmentation proposed herein; FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises. 83CW348(A) PARKER WATER AND SANITATION DISTRICT, 19801 East Main Street, Parker, CO 80137 (Robert F. T. Krassa, Krassa, Madsen & Miller, LLC, 1680 - 38th Street #800, Boulder, CO 80301). MOTION TO SUPPLEMENT DECREE BY ADDING ALTERNATE POINTS FOR ALLUVIAL WELLS, IN DOUGLAS COUNTY. The Applicant (herein "Parker) moves for a further Supplemental Decree herein adding alternate points of diversion for certain wells

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under the Decree previously entered herein. In support thereof, Parker states as follows: 1. A Decree was entered herein on July 30, 1992 which provided, among other things, for augmentation of certain alluvial wells described at paragraph 2.A thereof. That Decree was recorded August 5, 1992 at reception number 9228306, Book 1076, page 1123 records of Douglas County. A First Supplemental Findings, Judgment and Decree was entered herein March 7, 1995 adding certain sources of augmentation water, and was recorded April 3, 1995 at reception number 9514586, Book 1255, page 218, records of Douglas County. 2. On April 30, 2001 Parker filed in this Court an Application for Change of Water Rights, requesting that certain alternate points of diversion be added for previously decreed alluvial wells. That Application was assigned Case Number 01CW60 and was published in the April 2001 Resume for Water Division No. 1. A copy thereof is attached to this Motion as Exhibit A and may be inspected at the office of the Clerk of this Court. 3. It is the alternate points of diversion described in said Case 01CW60 that Parker requests be added to the plan for augmentation and exchange previously approved herein. They are all located in the vicinity of the alluvial wells for which augmentation was provided in the original decree herein, at the following locations, all in Township 6 South, Range 66 West of the 6th P.M. in Douglas County. Please see said Application in 01CW60 for additional information. Name Sec 1/41/4 ft from line ft from line

CC-7 21 SENE 113 E 1709 N

CC-8 21 NESE 215 E 2159 S

CC-9 16 NWSE 1551 E 2620 S

CC-10 16 NWSE 1895 E 1600 S

CC-11 27 NESW 1501 W 1748 S

CC-12 34 NENW 1600 W 500 N

CC-13 27 SWNW 1327 W 2000 N

CC-14 27 SENW 2300 W 1750 N

CC-15 16 SWNE 1145 E 1600 N

CC-16 16 NWNE 1200 E 650 N

CC-17 16 SESE 690 E 500 S

CC-18 16 SESE 300 E 1300 S

4. Because the same volumetric limits as previously decreed will continue to apply, and because the alternate points are in the same reach of the stream as the alluvial wells for which augmentation and exchange was previously provided, Parker does not believe that any new or additional terms and conditions are needed. All terms and conditions of the said previous and First Supplemental decree herein shall continue to apply to the alternate points. 5. A proposed form of order, denominated as Second Supplemental Findings, Judgment and Decree, is filed with this Motion and may be inspected at the office of the Clerk of this Court. 6. Parker requests that this Motion be published in the Water Resume in order to avoid any controversy concerning notice and resulting delay, and will pay costs of publication upon receipt of invoice. However,

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Parker does not by such request concede that such publication is necessarily required. 98CW377 CITY AND COUNTY OF DENVER. (Michael D. Shimmin, Vranesh & Raisch, LLP, 1720 14th Street, #200, Boulder,CO 80302). AMENDMENT TO APPLICATION FOR UNDERGROUND WATER RIGHT FROM THE LOWER DAWSON AQUIFER IN THE DENVER BASIN, IN ARAPAHOE COUNTY. The City and County of Denver (“Applicant”), by and through its attorneys, hereby submits its Amendment to Application for Underground Water Right from the Lower Dawson Aquifer in the Denver Basin (“Amended Application”). The original application in this matter was filed on September 29, 1998 (“Original Application”) for the purpose of adjudicating Applicant’s rights to withdraw ground water from the Lower Dawson Aquifer underlying approximately 1,598.40 acres of land then owned solely by Applicant. Subsequent to the filing of the Original Application, Applicant conveyed approximately 35.80 acres of the Subject Property to Waste Management of Colorado, Inc. (“WMC”). However, there is no ground water in the Lower Dawson Aquifer underlying the parcel conveyed to WMC. Accordingly, Applicant seeks to amend the Original Application so as to modify the legal description of the property owned by Applicant and to provide that the amount of water determined to be available for appropriation pursuant to the State Engineer’s Determination of Facts dated January 27, 1999 from the Lower Dawson Aquifer is all underlying the Applicant’s land. In particular, Applicant seeks to amend the following items of the Original Application: 1. Paragraph 3 of the Original Application shall be amended to read as follows:

Legal description of overlying land upon which wells will be located:

Applicant now owns approximately 639.85 acres of land which are located in Section 31, T4S, R65W (of which approximately 368 acres overlie the Lower Dawson Aquifer), approximately 444.20 acres of land which are located in Section 32, T4S, R65W (of which approximately 425 acres overlie the Lower Dawson Aquifer), and approximately 478.55 acres of land overlying the Lower Dawson Aquifer which are located in Section 6, T5S, R65W, 6th P.M., Arapahoe County, Colorado, as shown on the map attached and incorporated as Exhibit A (“Subject Property”) and as described in the legal description attached and incorporated as Exhibit B (“Legal Description of Subject Property”). Applicant may withdraw the ground water through wells to be located at any location on the Subject Property, which may include additional wells constructed pursuant to C.R.S. § 37-90-137(10).

2. Paragraph 5 of the Original Application shall be amended to reflect the State

Engineer’s Determination of Facts dated January 27, 1999. Accordingly, paragraph 5 should include the language below in place of that provided in the Original Application.

Amount Claimed:

Applicant claims the average annual amount of ground water available in the Lower Dawson Aquifer underlying the Subject Property. The estimated average annual amount available using the Denver Basin Rules, 2 C.C.R. 402-6, is 30.5 acre feet as reflected in the State Engineer’s Determination of Facts dated January 27, 1999.

3. Paragraph 7.B. shall be amended to read as follows:

Applicant requests the right to revise the average annual amount of withdrawal upward and downward, based on better or revised data without the necessity of amending or republishing this Amended Application.

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All other items in the Original Application shall remain as published in the September 1998 resume and all Statements of Opposition previously filed in this case shall apply to the Amended Application without the need for further filing. 98CW378 CITY AND COUNTY OF DENVER (Michael D. Shimmin, VRANESH & RAISCH, LLP, 1720 14th Street, #200, Boulder, CO 80302). AMENDMENT TO APPLICATION FOR UNDERGROUND WATER RIGHT FROM THE DENVER AQUIFER IN THE DENVER BASIN, IN ARAPAHOE COUNTY. The City and County of Denver (“Denver”) and Waste Management of Colorado, Inc. (“WMC”) (collectively “Applicants”), by and through their attorneys, hereby submit their Amendment to Application for Underground Water Right from the Denver Aquifer in the Denver Basin (“Amended Application”). The original application in this matter was filed on September 29, 1998 (“Original Application”) for the purpose of adjudicating Denver’s right to withdraw ground water from the Denver Aquifer underlying approximately 1,598.40 acres of land then owned solely by Denver (“Subject Property”). Subsequent to the filing of the Original Application, Denver conveyed approximately 35.80 acres of the Subject Property to WMC. In an effort to reflect the resulting division of ownership, Denver seeks to amend the Original Application so as to reflect the bifurcation of this case between Denver and WMC as co-applicants and to clarify the legal descriptions of each parcel of the Subject Property owned by Denver and WMC individually and the amount of water claimed by each entity. Accordingly, Denver and WMC seek separate decrees for their respective rights to withdraw this ground water. In particular, Applicants seek to amend the following items of the Original Application: 1. As a result of the bifurcation of this case, paragraph 1 of the Original

Application shall be amended to read as follows:

Names, addresses, telephone numbers of Applicants:

City and County of Denver c/o Dennis Bollmann Environmental Services 1391 Speer Boulevard, Suite 700 Denver, CO 80204-2558 (303) 693-0459

Waste Management of Colorado, Inc. c/o Steven Richtel 3900 South Wadsworth Boulevard, Suite 620 Lakewood, CO 80235 (303) 914-1434

2. The legal description of the Subject Property, contained in paragraph 3 of the

Original Application, shall be amended so as to separately describe each overlying parcel owned by Denver and WMC. The amendment shall read as follows:

Legal description of overlying land upon which wells will be located:

A. Denver Property

Denver owns approximately 639.85 acres of land overlying the Denver Aquifer which are located in Section 31, T4S, R65W, approximately 444.20 acres of land overlying the Denver Aquifer which are located in Section 32,

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T4S, R65W, and approximately 478.55 acres of land overlying the Denver Aquifer which are located in Section 6, T5S, R65W, 6th P.M., Arapahoe County, Colorado, as shown on the map attached and incorporated as Exhibit A (“Denver Property”) and as described in the legal description attached and incorporated as Exhibit B (“Denver Legal Description”). Denver may withdraw the ground water through wells to be located at any location on the Denver Property, which may include additional wells constructed pursuant to C.R.S. § 37-90-137(10).

B. WMC Property

WMC owns approximately 35.80 acres of land overlying the Denver Aquifer, which are located in Section 32, T4S, R65W, 6th P.M., Arapahoe County, Colorado, as shown on the map attached and incorporated as Exhibit C (“WMC Property”) and as described in the legal description attached and incorporated as Exhibit D (“WMC Legal Description”). WMC may withdraw the ground water through wells to be located at any location on the WMC Property, which may include additional wells constructed pursuant to C.R.S. § 37-90-137(10).

3. Paragraph 5 of the Original Application shall be amended to reflect the State

Engineer’s Amended Determination of Facts dated April 7, 1999. Accordingly, paragraph 5 should include the language below in place of that contained in the Original Application:

Amount Claimed:

The State Engineer’s Amended Determination of Facts dated April 7, 1999 separated the overlying land described above in two parts. Part 1 is that portion of the overlying land, consisting of approximately 100 acres in the northeasterly portion of Section 32, T4S, R65W, 6th P.M., that is closer that one mile to any point of contact between any natural surface stream, including its alluvium, and the Denver Aquifer. Part 2, consisting of the remaining portion of the overlying land, is that portion of the overlying land that is more than one mile from any point of contact between any natural stream, including its alluvium, and the Denver Aquifer. Denver owns all Part 1 lands and approximately 1,462.60 acres of Part 2 lands. WMC owns approximately 35.80 acres of Part 2 lands.

As for Part 1 lands, Denver claims 61.0 acre feet as the average annual amount of water available for withdrawal from the Denver Aquifer, using the Denver Basin Rules, 2 C.C.R. 402-6.

As for Part 2 lands, Denver claims 727.7 acre feet as the average annual amount of water available for withdrawal from the Denver Aquifer underlying the Denver Property, using the Denver Basin Rules, 2 C.C.R. 402.6. Accordingly, WMC claims the remaining 23.8 acre feet as the average annual amount of water available for withdrawal from the Denver Aquifer underlying the WMC Property, using the Denver Basin Rules, 2 C.C.R. 402.6.

All other items in the Original Application shall remain as published in the September 1998 resume and all Statements of Opposition previously filed in this case shall apply to the Amended Application without the need for further filing. 98CW379 CITY AND COUNTY OF DENVER, IN ARAPAHOE COUNTY. Michael D. Shimmin Vranesh & Raisch, LLP, 1720 14th Street, #200, Boulder, CO 80302. AMENDMENT TO APPLICATION FOR UNDERGROUND WATER RIGHT FROM THE LARAMIE-FOX HILLS

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AQUIFER IN THE DENVER BASIN. The City and County of Denver (“Denver”) and Waste Management of Colorado, Inc. (“WMC”) (collectively “Applicants”), by and through their attorneys, hereby submit their Amendment to Application for Underground Water Right from the Laramie-Fox Hills Aquifer in the Denver Basin (“Amended Application”). The original application in this matter was filed on September 29, 1998 (“Original Application”) for the purpose of adjudicating Denver’s right to withdraw ground water from the Laramie-Fox Hills Aquifer underlying approximately 1,598.40 acres of land then owned solely by Denver (“Subject Property”). Subsequent to the filing of the Original Application, Denver conveyed approximately 35.80 acres of the Subject Property to WMC. In an effort to reflect the resulting division of ownership, Denver seeks to amend the Original Application so as to reflect the bifurcation of this case between Denver and WMC as co-applicants and to clarify the legal descriptions of each parcel of the Subject Property owned by Denver and WMC individually and the amount of water claimed by each entity. Accordingly, Denver and WMC seek separate decrees for their respective rights to withdraw this ground water. In particular, Applicants seek to amend the following items of the Original Application: 1. As a result of the bifurcation of this case, paragraph 1 of the Original

Application shall be amended to read as follows:

Names, addresses, telephone numbers of Applicants:

City and County of Denver c/o Dennis Bollmann Environmental Services 1391 Speer Boulevard, Suite 700 Denver, CO 80204-2558 (303) 693-0459

Waste Management of Colorado, Inc. c/o Steven Richtel 3900 South Wadsworth Boulevard, Suite 620 Lakewood, CO 80235 (303) 914-1434

2. The legal description of the Subject Property, contained in paragraph 3 of the

Original Application, shall be amended so as to separately describe each overlying parcel owned by Denver and WMC. The amendment shall read as follows:

Legal description of overlying land upon which wells will be located:

A. Denver Property

Denver owns approximately 639.85 acres of land overlying the Laramie-Fox Hills Aquifer which are located in Section 31, T4S, R65W, approximately 444.20 acres of land overlying the Laramie-Fox Hills Aquifer which are located in Section 32, T4S, R65W, and approximately 478.55 acres of land overlying the Laramie-Fox Hills Aquifer which are located in Section 6, T5S, R65W, 6th P.M., Arapahoe County, Colorado, as shown on the map attached and incorporated as Exhibit A (“Denver Property”) and as described in the legal description attached and incorporated as Exhibit B (“Denver Legal Description”). Denver may withdraw the ground water through wells to be located at any location on the Denver Property, which may include additional

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wells constructed pursuant to C.R.S. § 37-90-137(10). B. WMC Property

WMC owns approximately 35.80 acres of land overlying the Laramie-Fox Hills Aquifer, which are located in Section 32, T4S, R65W, 6th P.M., Arapahoe County, Colorado, as shown on the map attached and incorporated as Exhibit C (“WMC Property”) and as described in the legal description attached and incorporated as Exhibit D (“WMC Legal Description”). WMC may withdraw the ground water through wells to be located at any location on the WMC Property, which may include additional wells constructed pursuant to C.R.S. § 37-90-137(10).

3. Paragraph 5 of the Original Application shall be amended to reflect the State

Engineer’s Determination of Facts dated February 2, 1999. Accordingly, paragraph 5 should include the language below in place of that contained in the Original Application.

Amount Claimed:

The estimated average annual amount of water available for withdrawal from the Laramie-Fox Hills Aquifer underlying the Subject Property, using Denver Basin Rules, 2 C.C.R. 402-6, is 347.7 acre feet as reflected in the State Engineer’s Determination of Facts dated February 2, 1999. Denver claims 340.0 acre feet as the average annual amount of water available for withdrawal from the Laramie-Fox Hills Aquifer underlying the Denver Property. WMC claims 7.7 acre feet as the average annual amount of water available for withdrawal from the Laramie-Fox Hills Aquifer underlying the WMC Property. All other items in the Original Application shall remain as published in the September 1998 resume and all Statements of Opposition previously filed in this case shall apply to the Amended Application without the need for further filing. 98CW380 CITY AND COUNTY OF DENVER, IN ARAPAHOE COUNTY. (Michael D. Shimmin, Vranesh & Raisch, LLP, 1720 14th Street, #200, Boulder, CO 80302). AMENDMENT TO APPLICATION FOR UNDERGROUND WATER RIGHT FROM THE UPPER AND LOWER ARAPAHOE AQUIFERS IN THE DENVER BASIN The City and County of Denver (“Denver”) and Waste Management of Colorado, Inc. (“WMC”) (collectively “Applicants”), by and through their attorneys, hereby submit their Amendment to Application for Underground Water Right from the Upper and Lower Arapahoe Aquifers in the Denver Basin (“Amended Application”). The original application in this matter was filed on September 29, 1998 (“Original Application”) for the purpose of adjudicating Denver’s right to withdraw ground water from the Upper and Lower Arapahoe Aquifers underlying approximately 1,598.40 acres of land then owned solely by Denver (“Subject Property”). Subsequent to the filing of the Original Application, Denver conveyed approximately 35.80 acres of the Subject Property to WMC. In an effort to reflect the resulting division of ownership, Denver seeks to amend the Original Application so as to reflect the bifurcation of this case between Denver and WMC as co-applicants and to clarify the legal descriptions of each parcel of the Subject Property owned by Denver and WMC individually and the amount of water claimed by each entity. Accordingly, Denver and WMC seek separate decrees for their respective rights to withdraw this groundwater. In particular, Applicants seek to amend the following items of the Original Application: 1. As a result of the bifurcation of this case, paragraph 1 of the Original

Application shall be amended to read as follows:

Names, addresses, telephone numbers of Applicants:

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City and County of Denver c/o Dennis Bollmann Environmental Services 1391 Speer Boulevard, Suite 700 Denver, CO 80204-2558 (303) 693-0459

Waste Management of Colorado, Inc. c/o Steven Richtel 3900 South Wadsworth Boulevard, Suite 620 Lakewood, CO 80235 (303) 914-1434

2. The legal description of the Subject Property, contained in paragraph 3 of the

Original Application, shall be amended so as to separately describe each overlying parcel owned by Denver and WMC. The amendment shall read as follows:

Legal description of overlying land upon which wells will be located:

A. Denver Property

Denver owns approximately 639.85 acres of land overlying the Upper and Lower Arapahoe Aquifers which are located in Section 31, T4S, R65W, approximately 444.20 acres of land overlying the Upper and Lower Arapahoe Aquifers which are located in Section 32, T4S, R65W, and approximately 478.55 acres of land overlying the Upper and Lower Arapahoe Aquifers which are located in Section 6, T5S, R65W, 6th P.M., Arapahoe County, Colorado, as shown on the map attached and incorporated as Exhibit A (“Denver Property”) and as described in the legal description attached and incorporated as Exhibit B (“Denver Legal Description”). Denver may withdraw the ground water through wells to be located at any location on the Denver Property, which may include additional wells constructed pursuant to C.R.S. § 37-90-137(10).

B. WMC Property

WMC owns approximately 35.80 acres of land overlying the Upper and Lower Arapahoe Aquifers, which are located in Section 32, T4S, R65W, 6th P.M., Arapahoe County, Colorado, as shown on the map attached and incorporated as Exhibit C (“WMC Property”) and as described in the legal description attached and incorporated as Exhibit D (“WMC Legal Description”). WMC may withdraw the ground water through wells to be located at any location on the WMC Property, which may include additional wells constructed pursuant to C.R.S. § 37-90-137(10).

3. Paragraph 5 of the Original Application shall be amended to reflect both the

State Engineer’s Amended Determination of Facts dated April 7, 1999 with respect to the Upper Arapahoe Aquifer and the State Engineer’s Determination of Facts dated February 2, 1999 with respect to the Lower Arapahoe Aquifer. Accordingly, paragraph 5 should include the language below in place of that contained in the Original Application:

Amount Claimed:

The estimated average annual amount of water available for withdrawal from the Upper Arapahoe Aquifer underlying the Subject Property, using Denver Basin Rules, 2 C.C.R. 402-6, is 380.4 acre feet as reflected in the State Engineer’s Amended Determination of Facts dated April 7, 1999. This figure includes 80 acre feet per year

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already permitted from the Upper Arapahoe Aquifer under Well Permit No. 37665-F which is located on the Denver Property. Denver claims a total of 370.9 acre feet as the average annual amount of water available for withdrawal from the Upper Arapahoe Aquifer underlying the Denver Property. WMC claims 9.5 acre feet as the average annual amount of water available for withdrawal from the Upper Arapahoe Aquifer underlying the WMC Property.

The estimated average annual amount of water available for withdrawal from the Lower Arapahoe Aquifer underlying the Subject Property, using Denver Basin Rules, 2 C.C.R. 402-6, is 296.2 acre feet as reflected in the State Engineer’s Determination of Facts dated February 2, 1999. Denver claims 290.1 acre feet as the average amount of water available for withdrawal from the Lower Arapahoe Aquifer underlying the Denver Property. WMC claims 6.1 acre feet as the average annual amount of water available for withdrawal from the Lower Arapahoe Aquifer underlying the WMC Property.

All other items in the Original Application shall remain as published in the September 1998 resume and all Statements of Opposition previously filed in this case shall apply to the Amended Application without the need for further filing. 2000-CW-205 SURREY RIDGE HOMEOWNERS’ ASSOCIATION, ET AL., Applicants, Robert E. Schween, P.C., Robert E. Schween, P.O. Box 26-2104, Littleton, Colorado. 80163-2104. AMENDMENT TO APPLICATION, IN DOUGLAS COUNTY. , in S27 & S28, T6S, R67W, 6th P.M. COME NOW APPLICANTS, Surrey Ridge Homeowners’ Association, et al., by and through their undersigned attorney in this matter, and hereby amend their application filed with this Court on November 14, 2000, as follows: 1. An additional lot is to be included in the application for adjudication of ground water underlying the Surrey Ridge and Surrey Ridge subdivisions in Douglas County. Such additional lot is described as Lot 11, Block 9, Surrey Ridge. Accordingly, Exhibit C, Surrey Ridge Map Unit 4, to the original application is amended to show that such Lot 11, Block 9, is included in the land area under which the ground water is sought to be adjudicated. The amended Unit 4 Map of Exhibit C attached. 2. The owners of Lot 11, Block 9, are Philip M. Holbert and Karen D.S. Holbert, 9346 North Corral Lane, Castle Rock, Colorado 80104. (303-925-9643). Accordingly, both Exhibit A, List of Applicants, and Exhibit B, List of Lot Owners not participating in the application, are amended to reflect this inclusion of Lot 11, Block B, in the application. Amended Exhibits A and B are attached. 3. Applicants will supplement this amendment with evidence that notice of filing such application has been given to any person or entity holding a financial interest in the land now being included in the application. All other matters in the application remain the same as shown in the November, 2000, Resume for Water Division 1. FURTHER, Applicants request this Court grant such other relief as the Court deems proper in the premises. 2000CW237 BOULDER COUNTY, AMENDED APPLICATION FOR WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION OF THE DIGHTON KANSAS COLORADO OUTING ASSOCIATION, INC. 1. Name and address of applicant: Dighton Kansas Colorado Outing Association, Inc., 881 Switzerland Park Road, Boulder, CO 80302, c/o Glenn E. Porzak, Porzak Browning & Bushong LLP, 929 Pearl St., Suite 300, Boulder, CO 80302. 2.The legal descriptions of the locations of the Switzerland Park Pond and the point of diversion from North Boulder Creek for the Switzerland Park Pond, contained in paragraph 2(c) of the original application, are corrected as follows, with corrections underlined: the Switzerland Park Pond is located within the SE¼ of Section 34, T. 1 N., R. 72 W., 6th P.M., the SW abutment of which is located at a point 1,600 feet west of the east section line and 50 feet north of the south section line of said Section 34. The diversion from North Boulder Creek that serves as a source of the Switzerland Park Pond is located in the NW¼ of Section 3, T. 1 S., R. 72 W., 6th P.M., at a point 3,220 feet west of the east section line and 100 feet south of the north section line of said Section 3. 3. All

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other statements contained in the original application remain unchanged, and they are incorporated herein by this reference. YOU ARE HEREBY NOTIFIED THAT YOU HAVE, until the last day of July, 2001 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of each statement of opposition must also be served upon the Applicant or the Applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing fee: $45.00). MARY A. CRESPIN, Water Clerk, Water Division 1, POB 2038, Greeley, CO 80632. RULINGS ENTERED BY REFEREE LIESMAN ON 05-01-2001 00CW208 JAMES & MARIA OLSON DOUGLAS PAGES 02 00CW197 ANTELOPE HOME OWNER'S ASS. ELBERT PAGES 11 00CW188 PRAIRIE LAND COMPANY, L.L.C. ELBERT PAGES 07 _________________________________________________________________________ RULINGS ENTERED BY REFEREE LIESMAN ON 05-10-2001 98CW457 FARMERS RESERVOIR & IRRIGATION ADAMS/WELD PAGES 06 CO & THE TOWN OF LOCHBUIE 98CW246 INDIAN HILLS WATER DISTRICT IN JEFFERSON PAGES 05 TURKEY CREEK, A TRIBUTARY TO THE SOUTH PLATTE RIVER __________________________________________________________________________ RULINGS ENTERED BY REFEREE LIESMAN ON 05-23-2001 98CW362 PRISCILLA BURNETT PARK PAGES 02 99CW027 JOY YOUNG JEFFERSON PAGES 02 99CW050 JAMES GARRIS WELD PAGES 03 99CW082 WILLIAM & IVA BRATTEBO JEFFERSON PAGES 02 99CW110 TORCHBEARERS OF THE LARIMER PAGES 08 CAPERNWRAY FELLOWSHIP AKA RAVENCREST CHALET (REVISED RULLING) 99CW114 HAROLD, SHIRLEY & KEVIN MINNE DOUGLAS PAGES 02 99CW155 BAYNE & PATRICIA PHAGAN DOUGLAS PAGES 02 99CW168 MICHAEL & MARGARET HUTCHINSON DOUGLAS PAGES 03 99CW176 ARTHUR & KATHLEEN HASSAN ELBERT PAGES 02 99CW194 CASTLE PINES METROPOLITAN DOUGLAS PAGES 09 DISTRICT AND CASTLE PINES NORTH METROPOLITAN DISTRICT 99CW198 CHATFIELD EAST PROPERTY OWNERS DOUGLAS PAGES 23

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ASSOCIATION ET AL RULINGS ENTERED BY REFEREE LIESMAN ON 05-23-2001 00CW075 CRAIG & DIANA HORWEDEL JEFFERSON PAGES 02 00CW028 PATRICK CONLEY DOUGLAS PAGES 03 00CW021 GARY JACKSON BOULDER PAGES 02 00CW007 HABAKKUK L.L.C. EL PASO PAGES 03 00CW006 HABAKKUK EL PASO PAGES 03 97CW326 CRAIG CUMMING JEFFERSON PAGES 02 __________________________________________________________________________ RULINGS ENTERED BY REFEREE LIESMAN ON 05-30-2001 00CW079 LEO & DEBORAH HINDERY DOUGLAS/ PAGES 09 EL PASO 00CW130 MICHAEL, AMY, CHRISTOPHER PARK PAGES 03 KELLY KING 00CW137 STEFANIE LEIB ARAPAHOE PAGES 02 00CW173 KIMBERLY RIVERA, KERIN CURRY, TELLER PAGES 02 KELLY TILTON AND PAMELA CUNNING 00CW214 ELIZABETH PARK AND RECREATION ELBERT PAGES 14 DISTRICT 01CW010 GRAY CONSTRUCTION COMPANY DOUGLAS PAGES 09 DECREES ENTERED BY JUDGE HAYS ON 05-03-2001 00CW157 ROBERT RAY & DEBRA DOUGLAS PAGES 02 SHERWOOD 00CW155 FOREVERGREEN TRUST CLEAR CREEK PAGES 11 ________________________________________________________________________ DECREES ENTERED BY JUDGE HAYS ON 05-03-2001 00CW037 EDWARD PIERSON DOUGLAS PAGES 02 00CW038 JOHN MASON & EDITH MASON LARIMER PAGES 04 00CW042 KENNETH PATTERSON & JOYCE DOUGLAS PAGES 05 PATTERSON b/d/a PATTERSON FLORAL 00CW062 LARRY & KAREN JORDAHL DOUGLAS PAGES 02

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00CW063 DALE LANGE CLEAR CREEK PAGES 02 00CW066 JEAN-PIERRE& KAREN VERDIER JEFFERSON PAGES 02 00CW073 LYLE & GERALDINE CAHILL DOUGLAS PAGES 02 00CW085 BARBARA & BILLY DANIEL DOUGLAS PAGES 03 00CW089 LEONARD WALKER DOUGLAS PAGES 03 00CW091 GEORGE SACK & MARIE SACK WELD PAGES 02 00CW092 EDWARD & SHERRY GREDIG DOUGLAS PAGES 02 00CW093 RICHARD TODD & MARILYN DOUGLAS PAGES 02 EILAND _____________________________________________________________________ DECREES ENTERED BY JUDGE HAYS ON 05-03-2001 00CW134 STEPHEN REED & MARGARET DOUGLAS PAGES 02 00CW133 RICHARD TODD & MARILYN DOUGLAS PAGES 02 EILAND 00CW132 JOHNNIE SYKES DOUGLAS PAGES 02 00CW127 JAMES & BEVERLY DEUTSCH DOUGLAS PAGES 02 TRUST ____________________________________________________________________ DECREES ENTERED BY JUDGE HAYS ON 05-03-2001 00CW123 THE ARCHDIOCESE OF DENVER BOULDER PAGES 04 00CW122 KENNTH CAMPBELL DOUGLAS PAGES 02 00CW105 DAVID & SUSAN LICHTENSTEIN DOUGLAS PAGES 12 99CW183 BRET MCENDAFFER LOGAN PAGES 04 98CW357 PATRICIA & ROY MCDONALD JEFFERSON PAGES 02 _____________________________________________________________________ DECREES ENTERED BY JUDGE HAYS ON 05-09-2001 00CW169 MILTON TORMOHLEN AND MORGAN PAGES 05 CLARENCE STUMP, JR. 00CW170 MILTON TORMOHLEN AND MORGAN PAGES 06 CLARENCE STUMP, JR. 98CW367 HOWARD & JULIE HETTINGER LOGAN/MORGAN PAGES 08 WASHINGTON

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______________________________________________________________________ DECREE ENTERED BY JUDGE ANDERSON ON 05-07-2001 00CW175 PULPITROCK INVESTMENTS EL APSO PAGES 15 (WD #1 ) 00CW085 PULPITROCK INVESTMENTS EL PASO PAGES 15 (WD #1 ) _____________________________________________________________________ CONDITIONAL DECREES ENTERED BY JUDGE HAYS ON 05-21-2001 96CW047 BRYAN STETSON LARIMER PAGES 03 97CW160 CHRIS ELDER WELD PAGES 04 00CW141 THE CITY OF ENGLEWOOD DOUGLAS PAGES 06 ARAPAHOE JEFFERSON _____________________________________________________________________ DECREES ENTERED BY JUDGE HAYS ON 05-21-2001 98CW327 RAMEY FAMILY TRUST PARK PAGES 02 96CW351 JAMES & PATSY ROSE PARK PAGES 02 00CW162 LARRY & CARMEN MCDOWELL TELLER PAGES 02 00CW032 MARJORIE FLYNN ELBERT PAGES 02 00CW030 MARK & PATRICIA DONAHUE LARIMER PAGES 02 00CW029 HAYDEN & ELIZABETH MORRIS CLEAR CREEK PAGES 02 00CW014 GEORGE & ARLEN FITTERER JEFFERSON PAGES 02 00CW031 SIDNEY JACOBSON JEFFERSON PAGES 02 00CW076 TEAGUE DIVERSIFIED MORGAN PAGES 07 00CW163 JUNIOR LAVERN & AUDREY TELLER PAGES 02 VINSON 00CW168 JOHN & CHARLENE VAGTS DOUGLAS PAGES 02 00CW177 LAKE POWELL LAND COMPANY JEFFERSON PAGES 10 98CW238 JOHN & CAROLYN KEIM JEFFERSON PAGES 05 00CW179 ARTHUR JONES AND ISABELL DOUGLAS PAGES 13 JONES, AS TRUSTEE OF THE JONES LIVING TRUST DATED 5/27/75 AS AMENDED 00CW184 JOHN & LINDA MUSCATELL PARK PAGES 02

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00CW187 DOUGLAS & HEDWIG PARK PAGES 02 PINKERTON ______________________________________________________________________ DECREES ENTERED BY JUDGE HAYS ON 05-23-2001 00CW188 PRAIRIE LAND CO ELBERT PAGES 07 00CW208 JAMES & MARIA OLSON DOUGLAS PAGES 02 ______________________________________________________________________ CONDITIONAL DECREE ENTERED BY JUDGE HAYS ON 05-31-2001 98CW246 INDIAN HILLS WATER DISTRICT JEFFERSON PAGES 05 IN TURKEY CREEK ____________________________________________________________________ DECREES ENTERED BY JUDGE HAYS ON 05-31-2001 98CW457 FARMERS RESERVOIR & ADAMS/WELD PAGES 05 IRRIGATION CO & THE TOWN OF LOCHBUIE 00CW197 ANTELOPE HOME OWNERS ASS ELBERT PAGES 06