Produced Nontributary Ground Water Notification List for Water Division One Pursuant to Rule 17.5.B.2 of the Produced Nontributary Ground Water Rules, 2 CCR 402-17 (“Rules”), the State Engineer is publishing this invitation to persons to be included on the Produced Nontributary Ground Water Notification List. According to Rule 17.5.B.2 of the Rules, the State Engineer must establish a Produced Nontributary Ground Water Notification List for each water division within the State of Colorado for the purposes of ensuring that water users within each water division receive adequate notice of proceedings held pursuant to the Rules. In order to establish such notification list, the State Engineer is directed, in January of each year, to cause to have published in the water court resume for each water division an invitation to be included on such notification list for the applicable water division. Persons on the Produced Nontributary Ground Water Notification List shall be provided notice required pursuant to the Rules by either first-class mail, or, if a person so elects, by electronic mail. The Rules further describe the procedures to be followed by parties upon receiving notice of proceedings held pursuant to the Rules. The Rules are available on the Division of Water Resources website at: www.water.state.co.us. If you would like to be included on the Produced Nontributary Ground Water Notification List for any Water Division, please contact the following for the appropriate form: Produced Nontributary Ground Water Notification List, Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, CO 80203, Phone: (303) 866-3581, Fax: (303) 866-3589, e-mail: NontribGw@state.co.us, or sign up on the Division of Water Resources website under the “News &Notification” tab at: www.water.state.co.us.

DISTRICT COURT, WATER DIVISION 1, COLORADO JANUARY 2012 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of JANUARY 2012 for each County affected. 12CW2 L & S CAPITAL, LTD., c/o Frank Linnebur, 800 US Hwy 36, Byers, Colorado 80103. Sarah A. Klahn, White & Jankowski, LLP, 511 Sixteenth Street, Suite 500, Denver, Colorado 80202, (303) 595-9441. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS UNDERLYING APPLICANT’S, L & S CAPITAL, LTD., PROPERTY IN ADAMS COUNTY. 2. Introduction: Applicant, L & S Capital, Ltd. (“Applicant”) is the owner of lands located in Adams County, Colorado (“Subject Property”). Applicant seeks a decree for the nontributary and not non-tributary ground water rights underlying the Subject Property located within the Denver Basin. The Subject Property is located outside any designated basin. 3. Subject Properties and Sources of Water Rights: Applicant seeks to adjudicate nontributary and not nontributary ground water rights in the Denver, Upper Arapahoe, Lower Arapahoe, and Larimer-Fox Hill Basins underlying the Subject Property as described in §§ 37-90-103(10.5) and 37-90-103(10.7). Applicant intends to use up to the full annual appropriation amount to which is entitled from aquifers underlying the Subject Property. The Subject Property is shown on the map attached as Exhibit A. a. Applicant owns the following contiguous property in Adams County, Colorado, located in the S1/2 of Section 12, Township 3 South, Range 65 West, 6th P.M. The Subject Property consists of 320 acres, more or less. Pursuant to C.R.S. § 37-90-137(4), Applicant is entitled to the following amounts of nontributary or not non tributary water from the aquifers of the Denver Basin underlying Applicant’s property: i. 121.3 acre-feet per year of not nontributary ground water from the Denver Aquifer; ii. 44.30 acre-feet per year of nontributary ground water from the Upper Arapahoe Aquifer; iii. 46.80 acre-feet per year of nontributary ground water from the Lower Arapahoe Aquifer; and iv. 79.70 acre-feet per year of nontributary ground water from the Laramie-Fox Hills Aquifer. b. Applicant requests the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending or republishing this application. 4. Proposed Uses: all domestic, commercial, industrial, irrigation, construction, stock watering, dust suppression, recreation, fire protections, fish and wildlife, mining and augmentation purposes, including storage on the Subject Property. 5. Wells: There are no wells located on the property. Well permits will be applied for prior to drilling any wells. 6. Applicant’s Certification: Applicant certifies that it owns the Subject Property free and clear of all liens and encumbrances and that no other person or entity has a financial interest in the Subject Property. This application meets the requirements pursuant to C.R.S. § 37-92-302(2). 4 page application and 1 exhibit.

12CW3 GERALD AND YVONNE SEABOL 42870 Territory Ct., Parker, CO 80138. Telephone: 303-884-1400. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS UNDERLYING APPLICANT’S PROPERTY IN ELBERT COUNTY. Applicant seeks to adjudicate the well, permit 150211, and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a 6.05 acre tract of land lying in the SE1/4, SE1/4, S35, T6S, R65W of the 6th PM, including the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers. 12CW4, Jill Wright, Julie and Keith Larson, Daniel and Charlotte Davis, Scott Bennett and Lori Anderson, Thomas and Sherry Noakes, Randy and Pam Rau, and William, Jr. and Barbara Sherratt, c/o 2478 Savage Road, Elizabeth, Colorado 80107 (James J. Petrock, Petrock & Fendel, 700

17th Street, #1800, Denver, CO 80202), NONTRIBUTARY DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AND NOT NONTRIBUTARY UPPER DAWSON AQUIFERS AND REQUEST FOR UNDERGROUND WATER RIGHTS, ELBERT COUNTY, 15 acres being Lots 77, 78, 79, 80, 106, 107, and 109, Western Country Ranches, First Addition, which are generally located in parts of the SW1/4NE1/4 and NW1/4SE1/4 of Section 36, T7S, R65W of the 6th P.M., as shown on Attachment B. The location of the lots satisfy the requirements of Local Rule 3(b)(1). Applicants will own a pro-rata interest in the total amount of groundwater requested herein underlying their respective lots. Estimated Amounts: Upper Dawson: 4.2 acre-feet; Denver: 5.2 acre-feet; Arapahoe: 5.9 acre-feet; Laramie-Fox Hills: 4.5 acre-feet. Use: domestic, commercial, irrigation, stockwatering, fire protection, and augmentation purposes, both on and off the Subject Property. Request Pursuant to Section 37-92-602(4), C.R.S. Well Permit Nos. 185186, 184186, 184185, 186828, 183954, 252688, and 163096, as described on Attachment C and permitted for inhouse, irrigation, and stockwatering use, in the Lower Dawson aquifer. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (23 pages). 12CW5 BIFURCATION ORDER for case numbers 04CW121 and 12CW5. See LEXIS transaction 41779939 for complete ORDER. 12CW6 JAMES AND BARBARA ALLEN, 3874 Snowy Reach Circle, Elizabeth, CO 80107. Telephone: 303-646-0993. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS UNDERLYING APPLICANT’S PROPERTY IN ELBERT COUNTY. Applicant seeks to adjudicate the well, permit 220448, and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a 2.51 acre tract of land lying in the SE1/4, SE1/4, S30, T7S, R64W of the 6th PM, including the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers. 12CW7 DONNA J. RUMMERFIELD, 314 Cold Springs Gulch Road, Golden, CO 80401. Telephone: (303) 526-9365. APPLICATION FOR UNDERGROUND WATER RIGHT FOR EXEMPT WELL IN JEFFERSON COUNTY. Rummerfield Well No. 1, permit 139506, located NW1/4, NW1/4, S14, T4S, R71W of the 6th PM at a distance 370 ft. from North and 620 ft. from West. Cold Springs subdivision; Lot 12. Source: Fractured granite aquifer. Depth: 503 ft. Amt. 10 gpm, absolute. Household use only. 12CW8 (96CW1101, 05CW172) TIEFEL FAMILY, LLC, c/o Douglas Tiefel, P.O. Box 17130, Boulder, Colorado 80308, Telephone: (303) 883-7097. Mark J. Wagner, Hill & Robbins, P.C., 1441 18th Street, Suite 100, Denver, CO. Application for Finding of Reasonable Diligence and to Make Conditional Water Right Absolute in BOULDER COUNTY. 2. Name of Structure: Goose Haven Pond No. 2 (a/k/a Tiefel Reservoir). 3. Describe conditional water right giving the following from the Referee's Ruling and Judgment and Decree: a. Date of Original Decree: March 2, 1999; Case No. 96CW1101; Court: District Court, Water Division No. 1. b. Location: Goose Haven Pond No. 2 was formed by gravel mining. The Pond is clay lined so as to seal the structure from groundwater infiltration. The Pond is constructed below the surface grade, and has no dam. It is located in the NW/4 SW/4 and the SW/4 SW/4, Section 15, Township 1 North, Range 69 West of the 6th P.M., in Boulder County, Colorado. The approximate center point of the Pond is 1570 feet from the south section line and 410 feet from the west section line of the said Section 15. The surface area of the high water line of the pond is approximately 7.9 acres. c. Name and Capacity of Filler Ditch and Point of Diversion: Lower Boulder Ditch, which has a capacity of approximately 50 c.f.s., and the point of diversion of which is in the SW/4 SW/4 of Section 16, Township 1 North, Range 69 West of the 6th P.M. at a

point approximately 1100 feet from the south section line and approximately 600 feet from the west section line of the said Section 16. Water will be delivered to Goose Haven Pond No. 2 from a turnout on the north bank of the Lower Boulder Ditch located approximately 1535 feet from the south section line and approximately 1100 feet from the west section line .of Section 15, Township 1 North, Range 69 West of the 6th P.M. d. Source: Boulder Creek. e. Appropriation Date: February 21, 1982. f. Amount: 131 acre-feet; CONDITIONAL. g. Rate: 2 c.f.s. h. Use: Irrigation, recreation, aquaculture, wildlife, emergency fire protection, and augmentation. Irrigation use will be limited to a maximum of 51 acres located in the SW/4 and the SE/4 of the NW/4 of Section 15, Township 1 North, Range 69 West, 6th P.M. lying immediately adjacent to the pond or on adjoining property lying north and east of the Pond and west of Highway 287. Augmentation use may only be made pursuant to a subsequent decree of this Court approving a plan for augmentation or pursuant to a substitute supply plan approved by the State Engineer. Applicant owns or has an interest in Meadow Creek Pond located in portions of Sections 10, 11, and 15, Township 1 North, Range 69 West of the 6th P.M. and intends to use the water right decreed herein, in part, to replace evaporative depletions from the said Pond pursuant to such an augmentation plan or substitute supply plan. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Since the decree was entered in Case No. 05CW172, Applicant has continuously operated and maintained Goose Haven Pond No. 2 and its associated structures, and has incurred expenses for operation, maintenance, aeration systems, algae control, measuring devices, professional consultant services, and other expenses incident to Goose Haven Pond No. 2 and associated structures in an amount in excess of approximately $128,400.00 during the diligence period. An itemized list of such activities and expenditures is attached hereto as Exhibit A. 5. If claim to make absolute: a. Date water applied to beneficial use: Water was applied to beneficial use throughout the 2009 water year for the in-reservoir uses of recreation, aquaculture, wildlife, emergency fire protection uses in the full decreed amount of 131 AF. In addition, during the 2009 water year Applicant used water from the Pond to irrigate up to 51 acres located in the SW/4 and the SE/4 of the NW/4 of Section 15, Township 1 North, Range 69 West, 6th P.M. lying immediately adjacent to the pond or on adjoining property lying north and east of the Pond and west of Highway 287, as depicted on the map attached hereto as Exhibit B. b. Provide evidence that diversion of water was made in priority: Copies of diversion and water delivery records are attached hereto as Exhibits C and D. As prerequisites to this claim to make absolute, in accordance with the terms and conditions of the decree in Case No 96CW1101, Applicant has developed and submitted to the Division Engineer, stage-capacity curves or tables for Goose Haven Pond No.2 based on an as-built survey of the said Pond, and equipped said Pond with a staff gauge, and other measuring devices to enable accurate measurement of the water diverted into, stored in, and released from the said Pond; and has performed a test of the integrity of the pond liner using a methodology acceptable to the Division Engineer. 6. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant owns the land upon which Goose Haven Pond No. 2 is located. Accordingly, Applicant requests that the Court enter a decree finding that the Applicant has exercised reasonable diligence in the development of the subject conditional water right and that the conditional water right has been made absolute as described herein, and affording Applicant such other relief as the Court deems appropriate.

12CW9 CARLTON AND JANE BECHTOL, 7535 Sun Country Drive, Elizabeth, CO 80107. Telephone: 303-646-3570. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS UNDERLYING APPLICANT’S PROPERTY IN ELBERT COUNTY. Applicant seeks to adjudicate the well, permit 143189, and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a 4 acre tract of land lying in the NW1/4, NE1/4, S26, T6S, R64W of the 6th PM, including the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers. 12CW10 (03CW325 and 06CW187), Wilderness on Wheels Foundation, P.O. Box 1007, Wheat Ridge, CO 80034 (Frederick A. Fendel, III, Petrock & Fendel, P.C., 700 17th Street, #1800, Denver, CO 80202), APPLICATION TO MAKE CONDITIONAL WATER RIGHT ABSOLUTE AND/OR FOR FINDING OF REASONABLE DILIGENCE, PARK COUNTY, Decree Information: Case No. 03CW325 decreed on January 4, 2006, and revised in Case No. 06CW187 decreed on January 8, 2008. Depletion caused by out of priority pumping of Well No. 2 is replaced by North Fork Associates, LLC, and Mountain Mutual Reservoir Company pursuant to a plan for augmentation decreed in Case Nos. 03CW325 and 06CW187. Name of structure: Well No. 2. Location: Well No. 2 is located in the NW1/4 SE1/4, Section 12, Township 7 South, Range 75 West of the 6th P.M., Park County, approximately 1312 feet from the East Section Line and 1750 feet from the South section line, on a parcel of 19 acres of land owned by Applicant Wilderness on Wheels Foundation, as shown on Attachment A. Source: Kenosha Creek, tributary to the North Fork of the South Platte River. Rate of flow: Well No. 2; 13.5 gpm (conditional), 1.5 gpm (absolute). (Limited to 0.37 acre-feet per year). Date of appropriation: July 31, 2002. Use: commercial. Request to make absolute: Applicant requests that the remaining 13.5 gpm conditional water right originally decreed in Case No. 03CW325 be made absolute. The well was pumped at the rate of 15 gpm while in priority on and after June 3, 2009, for commercial use. In the event that this amount is not made absolute, Applicant requests that a finding of diligence to continue the conditional right pursuant to the activity described below. Application for Finding of Reasonable Diligence. During this diligence period, Applicant has been diligent in the continued use of Well No. 2 and development of the subject conditional water rights, including the following: A. Well No. 2 is used in a water supply system for year round commercial use at a wilderness access facility which is accessible to all. Applicant has continued in the development and maintenance of its overall water supply system for the facility which includes maintenance and continued use of the well. B. The conditional rate of flow of 13.5 gpm was pumped in priority and used for commercial use in the water supply system through Well No. 2. C. Case No. 06CW187 was decreed on January 8, 2008, and revised the terms of the original decree in Case No. 03CW325, which included the addition of a new well to the water supply system and the previously decreed augmentation plan. The new well was completed in June, 2008. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (5 pages). 12CW11 MIKE BENNETT, 39533 CR 18, Holyoke, CO 80734. Telephone: 970-854-2381. APPLICATION FOR ABSOLUTE WATER RIGHT (SURFACE) IN YUMA COUNTY. Bennett Pond located NE1/4, NW1/4, S16, T5N, R45W of the 6th PM at a distance 709 ft from North and 2339 ft. from West. Source: Unnamed lake at the end of Patent Creek. Amount: 1100 gpm Absolute. Use: Irrigation and aquifer recharge. Proposed no. of acres to be irrigated: 177. Irrigated circle lies in the SW1/4, S16, T5N, R45W of the 6th PM. Patent Creek is not a consistent source of water, but does in wet years fill the dry lake next to the irrigated center pivots. Requesting permit offset the use of Ogallala aquifer water and to augment said aquifer. Chose the SW irrigated circle for its size and sandy soil. 12CW12, Lone Star Land and Cattle, LLC, 4560 County Road 114, Elizabeth, CO 80107 (James Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION, ELBERT COUNTY. Description of plan for augmentation: Groundwater to be augmented: Up to 89.42 acre-feet per year of not nontributary Upper

Dawson aquifer groundwater as decreed in Case No. 93CW097 and amended in Case No. 03CW245, District Court, Water Division 1. Applicant is the owner of 840 acres of land which was part of the decree in Case No. 93CW097 and associated water rights. The 840 acres is generally located in part of the S1/2 of Section 8 and all of Section 17, T9S, R64W of the 6th P.M., as described and shown on Attachment A hereto ("Subject Property"). 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 Laramie-Fox Hills aquifer groundwater underlying the Subject Property as also decreed in Case No. 93CW097. Statement of plan for augmentation: The Upper Dawson aquifer groundwater will be used for inhouse use in up to three residences (0.4 acre-feet per residence), irrigation (1 to 2 acre-feet per irrigated acre), stockwatering, use as potable water supplies on and off of the Subject Property, and storage. Applicant will withdraw the Upper Dawson groundwater through wells to be located at any location on the Subject Property, including through existing Upper Dawson aquifer wells. Sewage treatment for inhouse use will be provided by non-evaporative septic systems. Return flows associated with in-house use will be approximately 90% of water used for that purpose and return flow associated with irrigation use will be approximately 15% of water used for that purpose. Water used for other purposes requested herein are considered to be 100% consumed. During pumping Applicant will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. The majority of depletion occurs to the Running Creek stream system. Return flows from use of the subject water rights from inhouse and irrigaton use will accrue to the South Platte River system via Running Creek and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicant will reserve an equal amount of nontributary Laramie-Fox Hills aquifer groundwater as decreed in Case No. 93CW097 to meet post-pumping augmentation requirements. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (5 pages). 12CW13, Daniel and Debra Reed, 8193 Kramer Ranch Trail, Franktown, CO 80116 (James Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS AND UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, DOUGLAS COUNTY. Subject Property: 35.071 acres located mostly in the SE1/4NW1/4 and NE1/4SW1/4 of Section 23, T9S, R66W of the 6th P.M., as described and shown on Attachment A hereto ("Subject Property"). Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Applicants estimate the following annual amounts are available: Upper Dawson: 11 acre-feet (reduced for Well Permit No. 265233), Lower Dawson: 10 acre-feet, Denver: 16 acre-feet, Arapahoe: 21 acre-feet, Laramie-Fox Hills: 10 acre-feet. Proposed Use: domestic, inhouse, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Description of plan for augmentation: Groundwater to be augmented: All of the not nontributary Upper Dawson aquifer groundwater as requested herein and available under the Subject Property. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Upper Dawson aquifer groundwater will be used for inhouse use (0.4 acre-feet per residence), irrigation (1 to 2 acre-feet per irrigated acre), stockwatering, and storage, through wells to be located at any location on the Subject Property, including through the existing Upper Dawson aquifer well. Sewage treatment for inhouse use will be provided by non-evaporative septic systems. Return flows associated with in-house use will be approximately 90% of water used for that purpose and return flow associated with irrigation use will be approximately 15% of water used for that purpose. Water used for other purposes requested herein are considered to be 100% consumed. During pumping Applicants will replace actual depletions to the affected stream system

pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions may occur to the Cherry Creek stream system. Return flows accrue to the South Platte River stream system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an equal amount of nontributary groundwater requested herein to meet post pumping augmentation requirements. Request Pursuant to Section 37-92-602(4), C.R.S.: Well Permit No. 265233 (Attachment B); Priority and Appropriation Date: August 25, 2005; Source and Well Depth: Upper Dawson aquifer/380 feet deep; Amount: 12.5 gpm/3 acre-feet (absolute); Use: Household use in up to three single family dwellings, irrigation of up to one acre of home gardens and lawn, and watering of domestic animals and livestock on farm or ranch; Legal Description: Located in the NE1/4SW1/4 of Section 23, T9S, R66W of the 6th P.M., approximately 2300 feet from the south and 2100 feet from the west section lines.Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (9 pages). 12CW14, Dale LeMonds, 7997 N. Village Road, Parker, CO 80134 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHO, AND LARAMIE-FOX HILLS AQUIFERS, DOUGLAS COUNTY, 13 acres located in part of the NE1/4NE1/4 of Section 1, T7S, R66W, and the NW1/4NW1/4 of Section 6, T7S, R65W of the 6th P.M., as described and shown on Attachment A. Estimtaed Annual Amounts: Lower Dawson: 3 acre-feet; Denver: 6 acre-feet; Arapahoe: 6 acre-feet; and Laramie-Fox Hills: 4 acre-feet, Domestic, commercial, irrigation, stockwatering, fire protection, including storage, and augmentation purposes, on and off the Subject Property. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (4 pages). 12CW15, JRW Family Limited Partnership, 5975 E. Jamison Place, Englewood, CO 80112 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), NOT NONTRIBUTARY LOWER DAWSON AND DENVER AQUIFERS, DOUGLAS COUNTY, 24.6 acres located in part of the NE1/4 of Section 34, T7S, R67W of the 6th P.M., as described and shown on Attachment A. Estimtaed Annual Amounts: Lower Dawson: 9 acre-feet; Denver: 14 acre-feet, Domestic, commercial, irrigation, stockwatering, fire protection, and augmentation purposes, on and off the Subject Property. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (4 pages). 12CW16 Wilhelm Fritzler and Lydia Fritzler Living Trust and William Fritzler, APPLICATION FOR WATER RIGHTS (Recharge and Storage) in LOGAN COUNTY: Box 12, Route 1, Merino, CO 80741, 970 522 5926; Pleadings to: Brammer Law Office, P.C., Ray Ann Brammer, P.O. Box 1827 Sterling, CO 80751 970 521 0700; Brammer@brammerlaw.com. 2. Name of reservoir: Fritzler Reservoir No. 2. 3. Legal description of each point of diversion: Preferred Legal Description (PLSS): Logan County, NE1/4 of the NE1/4 of Section 23, Township 6 North, Range 54W of the 6th. P.M. approximately 5 feet from the North Section Line and 5 feet from the East Section Line. 4. Source: Fritzler Spring – conditionally decreed in 2005CW329 for 3 cfs – South Platte Alluvium. 5.A. Date of initiation of appropriation: April 1, 2011B. How appropriation was initiated: Field inspection C.Date water applied to beneficial use: n/a. 6. Amount claimed: A. 25 acre feet Conditional B. If off- channel reservoir, rate of diversion in cfs for filling the reservoir: 3 c.f.s. conditional 7.Use or proposed use: A. If irrigation, complete the following: Number of acres historically irrigated120 ; proposed to be irrigated 120.Legal description of acreage. NE1/4 Section 23 township 6 North, Range 54 West of the 6th P.M., Logan County State of Colorado. B. If non-irrigation, describe purpose fully. Irrigation, augmentation, recharge, wetlands, livestock watering, wildlife habitat, storage. To fill and refill when water is legally available for use in recharge of water to the South Platte River alluvium. To promote wildlife through the development of wetlands and for the watering of livestock and wildlife.8. Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is

or will be stored, including any modification to the existing storage pool. Applicant. 9. Remarks or any other pertinent information: The Applicant has a conditional water right in 05CW329 for a 25 acre feet Reservoir, Fritzler Spring Reservoir. The Applicant is seeking to pipe the water from Fritzler Spring Reservoir across the Applicant’s property to Fritzler Spring Reservoir 2 for uses as set forth herein.

12CW17 Logan Well Users, Inc., P.O. Box 1172, Sterling, CO 80751, c/o Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO, 80534, (9790)622-8181, and the South Platte Ditch Company, hereinafter “SPDC”, Route 1, Box 106, Merino, CO 80741, c/o Davis Graham & Stubbs LLP, 1550 17th Street, Suite 500, Denver, CO, 80202 (303)892-7391, and are jointly referred to herein as “Applicants”. SPDC is an applicant only with respect to the water right decreed to the South Platte Ditch Recharge Project No. 2 described in ¶9 of the Decree and in ¶2 below. South Platte Ditch Recharge Project No. 2 was deeded to SPDC on July 8, 2006. The following water rights were decreed conditional in the decree entered in Case No. 03CW195 (Decree). Application for Finding of Reasonable Diligence and to Make Absolute Conditional Water Rights in LOGAN, MORGAN AND WASHINGTON COUNTIES. RECHARGE PROJECTS. 1. Name of Structure. Schneider Ditch Recharge Project. 1.1 Diversion Points. 1.1.1. Schneider Ditch. In the NW1/4 SW1/4 of Section 9, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado, at the diversion works of the Schneider Ditch. 1.1.2. Famm Recharge Well. In the NE1/4 NE1/4 of Section 25, Township 7 North, Range 53 West, of the 6th P.M., Logan County, Colorado, 1290 feet from the North section line and 1080 feet from the East section line. 1.2. Source. 1.2.1 Schneider Ditch. The South Platte River. 1.2.2. Famm Recharge Well. Groundwater tributary to the South Platte River. 1.3. Dates of Appropriation. 1.3.1. Schneider Ditch Recharge. January 13, 2003. 1.3.2. Famm Recharge Well. March 25, 2003. 1.4. Description of Recharge. Water is diverted at the points described in ¶1.1 and is allowed to percolate from the ditch and ponds into the underground aquifer for Logan’s stated beneficial uses. The following initial recharge pond sites were decreed. 1.4.1. Schneider Recharge/Reservoir Site No. 1 (Lingreen No. 1). In the NW1/4 SE1/4 of Section 36, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 5 acres. Total active capacity in acre feet. 15 a.f. with 0 dead storage. 1.4.2. Schneider Recharge/Reservoir Site No. 2 (Lingreen No. 2). In the NE1/4 NE1/4 of Section 36, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 10 acres. Total active capacity in acre feet. 30 a.f. with 0 dead storage. 1.4.3. Schneider Recharge/Reservoir Site No. 3 (Carlson). In the NW1/4 SW1/4 of Section 30, Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 2 acres. Total active capacity in acre feet. 6 a.f. with 0 dead storage. 1.4.4. Schneider Recharge/Reservoir Site No. 4 (Propst). In the SE1/4 NE1/4 of Section 2, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 15 acres. Total active capacity in acre feet. 90 a.f. with 0 dead storage. 1.5. Amounts. 1.5.1. Schneider Ditch Recharge. 14.3 c.f.s., absolute, and 43.7 c.f.s., conditional. 1.5.2. Famm Recharge Well. 3000 g.p.m., conditional. 1.6. Use. Augmentation, directly and by exchange, of water rights used for irrigation, municipal, commercial, livestock, fire protection, recharge, replacement, wildlife and wildlife recovery. Absolute amounts are for direct augmentation of water rights used for irrigation, livestock, commercial, recharge and replacement. All other uses are conditional. 2. Name of Structure. South Platte Ditch Recharge Project No. 2. 2.1. Diversion Points. 2.1.1. South Platte Ditch. In the SW1/4 of Section 8, Township 5 North, Range 54 West of the 6th P.M., Washington County, Colorado, at the diversion works of the South Platte Ditch. 2.1.2. Pumping Station No. 1 (Curlee) in the SW1/4 of Section 30, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado on the Prewitt Seep Ditch. 2.1.3. Pumping Station No. 2 (Quint) in the NW1/4 of Section 31, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado on the Prewitt Seep Ditch. 2.2. Source. The South Platte River. 2.3. Dates of Appropriation. 2.3.1. South Platte Recharge, March 21, 1997. 2.3.2. Pumping Station No. 1-Curlee, April 11, 2003. 2.3.3. Pumping Station No. 2-Quint, December 10, 2002. 2.4. Description of Recharge. Water is diverted at the points described in ¶2.1. and is allowed to percolate from the ditch or ponds into the underground aquifer for

Applicant's stated beneficial uses. The following initial recharge pond sites were decreed. 2.4.1. South Platte Recharge/Reservoir Site No. 1 (Kautz). In the N1/2 of Section 3, Township 5 North, Range 54 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 14 acres. Total active capacity in acre feet. 42 a.f. with 0 dead storage. 2.4.2. South Platte Recharge/Reservoir Site No. 2 (Amen). In the SW1/4 of Section 34, Township 6 North, Range 54 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 7 acres. Total active capacity in acre feet. 21 a.f. with 0 dead storage. 2.4.3. South Platte Recharge/Reservoir Site No. 3 (Anderson). In the SE1/4 of Section 34, Township 6 North, Range 54 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 7 acres. Total active capacity in acre feet. 21 a.f. with 0 dead storage. 2.4.4. South Platte Recharge/Reservoir Site No. 4 (Fiscus). In the SE1/4 of Section 26, Township 6 North, Range 54 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 10 acres. Total active capacity in acre feet. 30 a.f. with 0 dead storage. 2.4.5. South Platte Recharge/Reservoir Site No. 5 (Propst). In the NE1/4 of Section 28, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 15 acres. Total active capacity in acre feet. 300 a.f. with 0 dead storage. 2.4.6. South Platte Recharge/Reservoir Site No. 6 (Mari No. 1). In the NW1/4 of Section 21, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 5 acres. Total active capacity in acre feet. 65 a.f. with 0 dead storage. 2.4.7. South Platte Recharge/Reservoir Site No. 7 (Mari No. 2). In the SE1/4 of Section 21, Township 6 North, Range 53 West of 6th P.M., Logan County, Colorado. Surface area of high water line. 10 acres. Total active capacity in acre feet. 30 a.f. with 0 dead storage. 2.4.8. South Platte Recharge/Reservoir Site No. 9 (Smart No. 1). In the SW1/4 of Section 22, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 5 acres. Total active capacity in acre feet. 15 a.f. with 0 dead storage. 2.4.9. South Platte Recharge/Reservoir Site No. 10 (Smart No. 2). In the SE1/4 of Section 16, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 7 acres. Total active capacity in acre feet. 21 a.f. with 0 dead storage. 2.4.10. South Platte Recharge/Reservoir Site No. 11 (Hettinger). In the SW1/4 of Section 25, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 7 acres. Total active capacity in acre feet. 21 a.f. with 0 dead storage. 2.4.11. South Platte Recharge/Reservoir Site No. 12 (Lingreen). In the E1/4 SW1/4 of Section 25, Township 6 North, Range 54 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 5 acres. Total active capacity in acre feet. 50 a.f. with 0 dead storage. 2.4.12. South Platte Recharge/Reservoir Site No. 13 (Smart No. 3). In the N1/2 SE1/4 of Section 15, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 10 acres. Total active capacity. 40 a.f. with 0 dead storage. 2.4.13. South Platte Recharge/Reservoir Site No. 14 (Smart No. 4). In the E1/2 NW1/4 of Section 14, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 20 acres. Total active capacity. 80 a.f. with 0 dead storage. 2.4.14. South Platte Recharge/Reservoir Site No. 15 (Smart No. 5). In the NW1/4 NE1/4 of Section 15, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 2 acres. Total active capacity. 6 a.f. with 0 dead storage. 2.4.15. South Platte Recharge/Reservoir Site No. 16 (Smart No. 6). In the NW1/4 SW1/4 of Section 11, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 5 acres. Total active capacity. 15 a.f. with 0 dead storage. 2.4.16. All recharge structures/ponds that are part of the South Platte Ditch Recharge Project No. 1 decreed in Case No. W-7839, Water Division No. 1, which use the South Platte Extension Ditch (Sand Hill Lateral Ditch) and associated ponds and potholes along this lateral. 2.5. Amounts. 2.5.1. South Platte Ditch Recharge Headgate Diversion. 39.4 c.f.s. absolute, 80.6 c.f.s., conditional. 2.5.2. Pumping Station No. 1-Curlee. 4.75 c.f.s., absolute, 5.25 c.f.s., conditional. 2.5.3. Pumping Station No. 2-Quint. 4.5 c.f.s., absolute, 5.5 c.f.s., conditional. 2.6. Use. Augmentation, directly and by exchange, of water rights used for irrigation, municipal, commercial, livestock, fire protection, recharge, replacement, wildlife and wildlife recovery. Absolute amounts are for direct augmentation of water rights used for irrigation, livestock, commercial, recharge and replacement. All other uses are conditional. 3. Name of Structure. LWU South Platte Ditch Recharge Project. 3.1. Diversion Points. 3.1.1. Hessler Well No. 59273-F. In the NW1/4 SW1/4 of Section 3, Township 6

North, Range 53 West of the 6th P.M., Logan County, Colorado, 1450 feet from the South section line and 100 feet from the West section line. 3.1.2. Curlee Well. In the NW1/4 SW1/4 of Section 9, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. 3.2. Source. Groundwater tributary to the South Platte River. 3.3. Dates of Appropriation. 3.3.1. Hessler Well No. 59273-F. March 25, 2003. 3.3.2. Curlee Well. April 11, 2003. 3.4. Description of Recharge. Water is diverted at the points described in ¶3.1 and is allowed to percolate from the ditch into the underground aquifer for Logan's stated beneficial uses. The following initial sites were decreed. 3.4.1. LWU South Platte Recharge/Reservoir Site No. 1 (Curlee). In the SW14 of Section 16, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 14 acres. Total active capacity in acre feet. 42 a.f. with 0 dead storage. 3.4.2. LWU South Platte Recharge/Reservoir Site No. 2 (Accomasso). In the SW1/4 NW1/4 of Section 10, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 6 acres. Total active capacity in acre feet. 24 a.f. with 0 dead storage. 3.4.3. LWU South Platte Recharge/Reservoir Site No. 3 (Hoogland No. 1). In the NW1/4 SW1/4 of Section 10, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 6 acres. Total active capacity in acre feet. 24 a.f. with 0 dead storage. 3.4.4. LWU South Platte Recharge/Reservoir Site No. 4 (Hoogland No. 2). In the SE1/4 SW1/4 of Section 10, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 6 acres. Total active capacity in acre feet. 24 a.f. with 0 dead storage. 3.4.5. LWU South Platte Recharge/Reservoir Site No. 5 (Hoogland No. 3). In the SW1/4 SW1/4 of Section 10, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 6 acres. Total active capacity. 18 a.f. with 0 dead storage. 3.4.6. LWU South Platte Recharge/Reservoir Site No. 6 (Hessler No. 1). In the NW1/4 NW1/4 of Section 15, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 6 acres. Total active capacity. 18 a.f. with 0 dead storage. 3.4.7. LWU South Platte Recharge/Reservoir Site No. 7 (Hessler No. 2). In the NE1/4 NW1/4 of Section 15, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 3 acres. Total active capacity. 9 a.f. with 0 dead storage. 3.5. Amounts. 3.5.1. Hessler Well No. 59273-F. 4000 gpm, absolute, 2000 gpm, conditional. 3.5.2. Curlee Well. 4000 g.p.m., conditional. 3.6. Use. Augmentation, directly and by exchange, of water rights used for irrigation, municipal, commercial, livestock, fire protection, recharge, replacement, wildlife and wildlife recovery. Absolute amounts are for direct augmentation of water rights used for irrigation, livestock, commercial, recharge and replacement. All other uses are conditional. 4. Name of Structure. Springdale Ditch Recharge Project. 4.1. Diversion Points. 4.1.1. Springdale Ditch. Legal Description of Diversion Point. In the NW1/4 NW1/4 of Section 35, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado at the diversion works of the Springdale Ditch. 4.1.2. Miller Well No. 1-59196-F. In the SE1/4 NE1/4 of Section 26, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado, 2020 feet from the North section line and 980 feet from the East section line. 4.1.3. Miller Well No 2-59195-F. In the SE1/4 NE1/4 of Section 26, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado, 2000 feet from the North section line and 150 feet from the East section line. 4.1.4. Miller Well No. 3-59188-F. In the SW1/4 NE1/4 of Section 26, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado, 2420 feet from the North section line and 1950 feet from the East section line. 4.2. Source. 4.2.1. Springdale Ditch. The South Platte River. 4.2.2. Miller Wells. Groundwater tributary to the South Platte River. 4.3. Dates of Appropriation. 4.3.1. Springdale Ditch Recharge. January 6, 2003. 4.3.2. Miller Well No. 1-59196-F. March 3, 2003. 4.3.3. Miller Well No. 2-59195-F. March 3, 2003. 4.3.4. Miller Well No. 3-59188-F. March 3, 2003. 4.4. Description of Recharge. Water is diverted at the points described in ¶4.1 and is allowed to percolate from the ditch and ponds into the underground aquifer for Logan's stated beneficial uses. The following initial recharge pond sites were decreed. 4.4.1. Springdale Recharge/Reservoir Site No. 1 (Baney). In the NW1/4 SW1/4 of Section 13, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 15 acres. Total active capacity in acre feet. 45 a.f. with 0 dead storage. 4.4.2. Springdale Recharge/Reservoir Site No. 2 (Keller). In the SW1/4 NE1/4 of Section 11, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area

of high water line. 7 acres. Total active capacity in acre feet. 21 a.f. with 0 dead storage. 4.4.3. Springdale Recharge/Reservoir Site No. 3 (Wyckof). In the NW1/4 NW1/4 of Section 17, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 1 acres. Total active capacity in acre feet. 3 a.f. with 0 dead storage. 4.4.4. Springdale Recharge/Reservoir Site No. 4 (Samber). In the SW1/4 NW1/4 of Section 8, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 2 acres. Total active capacity in acre feet. 6 a.f. with 0 dead storage. 4.4.5. Springdale Recharge/Reservoir Site No. 5 (Fritzler No. 2). In the NE1/4 NW1/4 of Section 1, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 3 acres. Total active capacity in acre feet. 9 a.f. with 0 dead storage. 4.4.6. Springdale Recharge/Reservoir Site No. 6 (Schuman). In the NW1/4 NE1/4 of Section 1, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 20 acres. Total active capacity in acre feet. 60 a.f. with 0 dead storage. 4.4.7. Springdale Recharge/Reservoir Site No. 7 (Fritzler No. 1). In the N1/2 NE1/4 NW1/4 of Section 1, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 3 acres. Total active capacity. 9 a.f. with 0 dead storage. 4.4.8. Springdale Recharge/Reservoir Site No. 8 (Reike). In the SW1/4 SW1/4 of Section 4, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 7 acres. Total active capacity. 14 a.f. with 0 dead storage. Springdale Recharge/Reservoir Site No. 9 (L. Fritzler). In the NW1/4 NW1/4 of Section 1, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 6.06 acres. Total active capacity. 18.0 a.f. with 0 dead storage. 4.4.9. Springdale Recharge/Reservoir Site No. 9 (L. Fritzler). In the NW1/4 NW1/4 of Section 1, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 6.06 acres. Total active capacity. 18.0 a.f. with 0 dead storage. 4.5. Amounts. 4.5.1. Springdale Ditch Recharge. 30.6 c.f.s., absolute, 31.9 c.f.s. conditional. 4.5.2. Miller Well No. 1-59196-F. 4000 g.p.m., conditional. 4.5.3. Miller Well No. 2-59195-F. 4000 g.p.m., conditional. 4.5.4. Miller Well No. 3-59188-F. 4000 g.p.m., conditional. 4.6. Use. Augmentation, directly and by exchange, of water rights used for irrigation, municipal, commercial, livestock, fire protection, recharge, replacement, wildlife and wildlife recovery. Absolute amounts are for direct augmentation of water rights used for irrigation, livestock, commercial, recharge and replacement. All other uses are conditional. 5. Name of Structure. Sterling Irrigation Company Recharge Project. 5.1. Diversion Points. 5.1.1. Sterling Irrigation Canal. In the NW1/4 of Section 25, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado at the diversion works of the Sterling Irrigation Company Ditch. 5.1.2. Section 19 Seep. In the SE1/4 SW1/4 of Section 19, Township 8 North, Range 52 West, 6th PM, Logan County, Colorado, where Section 19 Draw is intercepted by the Sterling Irrigation Ditch. 5.2. Source. The South Platte River. 5.3. Dates of Appropriation. 5.3.1. Sterling Irrigation Canal. March 20, 2003. 5.3.2. Section 19 Seep. March 31, 2004. 5.4. Description of Recharge. Water is diverted at the points described in ¶5.1 and is allowed to percolate from the ditch and ponds into the underground aquifer for Logan's stated beneficial uses. The following initial recharge pond sites were decreed. 5.4.1. SIC Recharge/Reservoir Site No. 1 (Guenzi). In the NW1/4 NE1/4 of Section 9, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 10 acres. Total active capacity in acre feet. 30 a.f. with 0 dead storage. 5.4.2. SIC Recharge/Reservoir Site No. 2 (Manuello No. 1). In the NW1/4 NE1/4 of Section 3, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 2 acres. Total active capacity in acre feet. 12 a.f. with 0 dead storage. 5.4.3. SIC Recharge/Reservoir Site No. 3 (Manuello No. 2). In the NE1/4 NE1/4 of Section 4, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 2 acres. Total active capacity in acre feet. 40 a.f. with 0 dead storage. 5.4.4. SIC Recharge/Reservoir Site No. 4 (Manuello No. 3-Pasture Pond). In the NE SW of Section 2, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 20 acres. Total active capacity in acre feet. 60 a.f. with 0 dead storage. 5.4.5. SIC Recharge/Reservoir Site No. 5(Mike Weis –MX2 No. 1). In the NW1/4 SE1/4 of Section 34, Township 9 North, Range 52 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 5 acres. Total active capacity in acre feet. 15 a.f. with 0 dead storage. 5.5. Amounts.

5.5.1. Sterling Irrigation Canal. 22.3 c.f.s., absolute and 91.6 c.f.s., conditional. 5.5.2. Section 19 Seep. 3.0 c.f.s., conditional. 5.6. Use. Augmentation, directly and by exchange, of water rights used for irrigation, municipal, commercial, livestock, fire protection, recharge, replacement, wildlife and wildlife recovery. Absolute amounts are for direct augmentation of water rights used for irrigation, livestock, commercial, recharge and replacement. All other uses are conditional. 6. Name of Structure. Ron Ruff Recharge Project. 6.1. Diversion Point. Legal Description of Diversion Point. Ruff Recharge Well No. 1-58819-F, in the SW1/4 SE1/4 of Section 8, Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado. 6.2. Source. Groundwater tributary to the South Platte River. 6.3. Date of Appropriation. December 19, 2002. 6.4. Description of Recharge. Water is diverted at the recharge well described in ¶6.1 and is allowed to percolate into the underground aquifer from the Recharge/Reservoir sites for Logan's stated beneficial uses. The following initial sites were decreed. 6.4.1. Ruff Recharge/Reservoir Site No. 1. In the SE1/4 NW1/4 of Section 9, Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 4 acres. Total active capacity in acre feet. 12 a.f. with 0 dead storage. 6.4.2. Ruff Recharge/Reservoir Site No. 2. In the NW1/4 NE1/4 of Section 9, Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado. Surface area of high water line. 4 acres. Total active capacity in acre feet. 12 a.f. with 0 dead storage. 6.5. Amount. 2.7 c.f.s., absolute and 2.9 c.f.s., conditional. 6.6. Use. Augmentation, directly and by exchange, of water rights used for irrigation, municipal, commercial, livestock, fire protection, recharge, replacement, wildlife and wildlife recovery. Absolute amounts are for direct augmentation of water rights used for irrigation, livestock, commercial, recharge and replacement. All other uses are conditional. 7. Name of Structure. Prewitt Ranch Recharge Project. 7.1. Diversion Point. At the Prewitt Inlet Canal located in SW1/4, Section 24, Township 5 North, Range 55 West of the 6th P.M., Morgan County, Colorado. 7.2. Source. The South Platte River and its tributaries. 7.3. Date of Appropriation. August 30, 2001. 7.4. Description of Recharge. Water is diverted at the point described in ¶7.1 and is allowed to percolate into the underground aquifer from Recharge/Reservoir sites for Logan's stated beneficial uses. The following initial site was decreed. 7.4.1. Prewitt Ranch Recharge/Reservoir Site No. 1. In the S1/2 of Section 15, Township 5 North, Range 54 West of the 6th P.M., Washington County, Colorado. 7.5. Amount Claimed. 50 c.f.s., conditional. 7.6. Use. Augmentation, directly and by exchange, of water rights used for irrigation, municipal, commercial, livestock, fire protection, recharge, replacement, wildlife and wildlife recovery. 8. Name of Structure. Guenzi Pawnee Creek Recharge Project. 8.1. Diversion Points. 8.1.1. Pawnee Creek 1. In the NE1/4 NW1/4 of Section 11, Township 7 North, Range 54 West, 6th P.M., Logan County, Colorado. 8.1.2. Pawnee Creek 2. In the SW1/4 NE1/4 of Section 19, Township 7 North, Range 53 West, 6th P.M., Logan County, Colorado. 8.1.3. Pawnee Creek 3. In the NE1/4 NW1/4 of Section 20, Township 7 North, Range 53 West, 6th P.M., Logan County, Colorado. 8.2. Source of Water. Pawnee Creek, a tributary of the South Platte River. 8.3. Date of Appropriation. June 15, 2005. 8.4. Description of Recharge. Water diverted at the points described in ¶8.1 and delivered to recharge ponds is allowed to percolate into the underground aquifer for Logan's stated beneficial uses. The following initial recharge pond sites were decreed. 8.4.1. Guenzi Pond No. 1. In the N1/2 of Section 11 and the S1/2 of Section 2, Township 7 North, Range 54 West, 6th P.M., Logan County Colorado. Surface area of high water line. 9. Name of Structure. Guenzi Recharge Well Project (GRWP). 9.1. Diversion Points. 9.1.1. Guenzi Well No. 2-62508-F. In the SE1/4 NE1/4 of Section 18, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado, 1540 feet from the North section line and 340 feet from the East section line. 9.1.2. Guenzi Well No. 4-59465-F. In the SE1/4 NE1/4 of Section 18, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado, 1458 feet from the North section line and 4178 feet from the West Section line. 9.1.3. Guenzi Recharge Well No. 13. In the NW1/4 NW1/4 of Section 17, Township 6 North, Range 53 West, 6th P.M., Logan County, Colorado. 9.2. Source of Water. Groundwater tributary to the South Platte River. 9.3. Dates of Appropriation. 9.3.1. Guenzi Well No. 2-62508-F. March 25, 2003 for 4000 gpm; April 21, 2005 for 2000 gpm. 9.3.2. Guenzi Well No. 4-59465-F. February 28, 2003. 9.3.3. Guenzi Recharge Well No. 13. June 15, 2005. 9.4. Description of Recharge. Water diverted at the points described in ¶9.1 and delivered to recharge ponds is allowed to percolate into the underground aquifer for Logan's stated beneficial uses. The following initial recharge

pond sites and facilities were decreed. 9.4.1. GRWP Pond No. 1 (Ladd No. 1). In the N1/2 of Section 12, Township 6 North, Range 54 West, 6th P.M., Logan County, Colorado. Surface area of high water line. 20 acres. Total active capacity. 60 a.f. with 0 dead storage. 9.4.2. GRWP Pond No. 2 (Ladd No. 2). In the SW1/4 of Section 1, Township 6 North, Range 54 West, 6th P.M., Logan County, Colorado. Surface area of high water line. 20 acres. Total active capacity. 60 a.f. with 0 dead storage. 9.4.3. GRWP Pond No. 3 (Schott No. 1 and 2). In the SW1/4 of Section 7, Township 6 North, Range 53 West, 6th P.M., Logan County, Colorado. Surface area of high water line. 15 acres. Total active capacity. 45 a.f. with 0 dead storage. 9.5. Amounts. 9.5.1. Guenzi Well No. 2-62508-F, 4000 g.p.m., absolute with March 25, 2003 appropriation date; 2000 gpm, absolute with April 21, 2005 appropriation date. 9.5.2. Guenzi Well No. 4-59465-F. 2250 g.p.m., absolute; 750 g.p.m., conditional. 9.5.3. Guenzi Recharge Well No. 13. 6000 g.p.m., conditional. 9.6. Use. Augmentation, directly and by exchange, of water rights used for irrigation, municipal, commercial, livestock, fire protection, recharge, replacement, wildlife and wildlife recovery. Absolute amounts are for delivery to the recharge ponds described in ¶9.4.1, ¶9.4.2 and ¶9.4.3 only and for direct augmentation of water rights used for irrigation, livestock, commercial, recharge and replacement. Delivery to all other recharge facilities described in ¶16.4.4 of the Decree and for all other uses are conditional. 10. Name of Structure. Hessler Farms Inc. Recharge Well Project. 10.1. Diversion Point. Hessler Well 59273-F. In the NW1/4 SW1/4 of Section 3, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado, 1450 feet from the South section line and 100 feet from the West section line. 10.2. Source of Water. Groundwater tributary to the South Platte River. 10.3. Date of Appropriation. March 25, 2003. 10.4. Description of Recharge. Water diverted at the point described in ¶10.1 and delivered to recharge ponds is allowed to percolate into the underground aquifer for Logan's stated beneficial uses. The following initial recharge pond site was decreed. 10.4.1. South Platte Ditch Recharge Project No. 2 recharge/reservoir sites No. 6, 7, 9, 10, 11, and 14 through 23. 10.5. Amount. 4000 g.p.m., absolute. 10.6. Use. Augmentation, directly and by exchange, of water rights used for irrigation, municipal, commercial, livestock, fire protection, recharge, replacement, wildlife and wildlife recovery. Absolute amounts are for direct augmentation of water rights used for irrigation, livestock, commercial, recharge and replacement. All other uses are conditional. 11. Name of Structure. Buffalo Farms Water Development Inc., Recharge Well Project. 11.1. Diversion Points. 11.1.1. Vollmer Well 61642-F. In the NW1/4 NW1/4 of Section 25, Township 6 North, Range 54 West of the 6th P.M., Logan County, Colorado, 500 feet from the North section line and 300 feet from the West section line. 11.1.2. Recharge Well No. 14. In the NW1/4 NW1/4 of Section 25, Township 6 North, Range 54 West, 6th P.M., Logan County, Colorado. 11.2. Source of Water. Groundwater tributary to the South Platte River. 11.3. Dates of Appropriation. 11.3.1. Vollmer Well 61642-F. March 25, 2003. 11.3.2. Recharge Well No. 14. June 15, 2005. 11.4. Description of Recharge. Water diverted at the points described in ¶11.1 and delivered to the recharge pond sites and facilities described below is allowed to percolate into the underground aquifer for Logan's stated beneficial uses. The following initial recharge pond sites and facilities were decreed. 11.4.1. Goss No.1. In the SW1/4 NW1/4 of Section 24, Township 6 North, Range 54 West, 6th P.M., Logan County, Colorado. Surface area of high water line. 7 acres. Total active capacity. 21 a.f. with 0 dead storage. 11.4.2. Goss No. 2. In the SE1/4 SE1/4 of Section 14, Township 6 North, Range 54 West, 6th P.M., Logan County, Colorado. Surface area of high water line. 7 acres. Total active capacity. 21 a.f. with 0 dead storage. 11.4.3. Cross. In the SE1/4 SE1/4 of Section 23, Township 6 North, Range 54 West, 6th P.M., Logan County, Colorado. Surface area of high water line. 22 acres. Total active capacity. 66 a.f. with 0 dead storage. 11.5. Amounts. 11.5.1. Vollmer Well 61642-F. 5000 g.p.m., conditional. 11.5.2. Recharge Well No. 14. 4000 g.p.m., conditional. 11.6. Use. Augmentation, directly and by exchange, of water rights used for irrigation, municipal, commercial, livestock, fire protection, recharge, replacement, wildlife and wildlife recovery. 12. Name of Structure. Lutin-Curlee Recharge Project. 12.1. Diversion Point. Curlee Pump Station No. 2. In the SE1/4 SW1/4 of Section 30, Township 6 North, Range 53 West, 6th P.M., Logan County, Colorado, on the Prewitt Seep Ditch. 12.2. Source of Water. The South Platte River. 12.3. Date of Appropriation. June 15, 2005. 12.4. Description of Recharge. Water diverted at the point described in ¶12.1 and delivered to recharge ponds is allowed to percolate into the underground aquifer for Logan's stated beneficial uses. The following initial

recharge pond sites were decreed. 12.4.1. Lutin-Curlee Pond No.1. In the SW1/4 SW1/4 of Section 30, Township 6 North, Range 53 West, 6th P.M., Logan County, Colorado. Surface area of high water line. 5 acres. Total active capacity. 15 a.f. with 0 dead storage. 12.4.2. Lutin-Curlee Pond No. 2. In the SE1/4 SE1/4 of Section 25, Township 6 North, Range 54 West, 6th P.M., Logan County, Colorado. Surface area of high water line. 5 acres. Total active capacity. 15 a.f. with 0 dead storage. 12.5. Amount. 10.0 c.f.s., conditional. 12.6. Use. Augmentation, directly and by exchange, of water rights used for irrigation, municipal, commercial, livestock, fire protection, recharge, replacement, wildlife and wildlife recovery. AUGMENTATION WELLS. 13. Augmentation Well Uses and Source. The use for each water right is augmentation of water rights used for irrigation, municipal, commercial, livestock, fire protection, recharge and replacement. The source for each well is groundwater tributary to the South Platte River. 14. Name of Structure. Amen Well 59339-F. 14.1. Location. In the NW1/4 SW1/4 of Section 21, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado, 2697 feet from the North section line and 41 feet from the West section line. 14.2. Appropriation date. March 28, 2003. 14.3. Amount. 1000 g.p.m., conditional. 15. Name of Structure. Anderson Well 58046-F. 15.1. Location. In the SE1/4 SW1/4 of Section 9, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado, 550 feet from the South section line and 2650 feet from the East section line. 15.2. Appropriation date. August 16, 2002. 15.3. Amount. 1500 g.p.m., conditional. 16. Name of Structure. DeSoto Well 58050-F. 16.1. Location. In the NW1/4 SE1/4 of Section 27, Township 9 North, Range 52 West of the 6th P.M., Logan County, Colorado, 2220 feet from the South section line and 2628 feet from the East section line. 16.2. Appropriation date. August 16, 2002. 16.3. Amount. 500 g.p.m., conditional, 1000 g.p.m., absolute. 17. Name of Structure. Fiscus Well 60606-F. 17.1. Location. In the NW1/4 SE1/4 of Section 35, Township 6 North, Range 54 West of the 6th P.M., Logan County, Colorado 1770 feet from the South Section Line and 2561 feet from the East section line. 17.2. Appropriation date. February 28, 2003. 17.3. Amount. 2500 g.p.m., conditional. 18. Name of Structure. Springdale Ditch Well 59322-F. 18.1. Location. In the SW1/4 NE1/4 of Section 7, Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado, 1382 feet from the North section line and 2055 feet from the East section line. 18.2. Appropriation date. March 28, 2003. 18.3. Amount. 1100 g.p.m., conditional, 2900 g.p.m., absolute. 19. Name of Structure. Guenzi Well 58044-F. 19.1. Location. In the NW1/4 NE1/4 of Section 9, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado, 600 feet from the North section line and 2650 feet from the West section line. 19.2. Appropriation date. August 16, 2002. 19.3. Amount. 500 g.p.m., conditional, 1000 g.p.m., absolute. 19. 20. Name of Structure. Guenzi Well 58045-F. 20.1. Location. In the NW1/4 NE1/4 of Section 9, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado, 850 feet from the North section line and 2650 feet from the West section line. 20.2. Appropriation date. August 16, 2002. 20.3. Amount. 500 g.p.m., conditional, 1000 g.p.m., absolute. 21. Name of Structure. Hessler Well 59337-F. 21.1. Location. In the NW1/4 NE1/4 of Section 15, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado, 1237 feet from the North section line and 2370 feet from the East section line. 21.2. Appropriation date. February 28, 2003. 21.3. Amount. 2500 g.p.m., conditional. 22. Name of Structure. Hoogland Well No. 1. 22.1. Location. In the SW1/4 SW1/4 of Section 10, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. 22.2. Appropriation date. February 28, 2003. 22.3. Amount. 2500 g.p.m., conditional. 23. Name of Structure. Hoogland Well No. 2. 23.1. Location. In the SW1/4 SE1/4 of Section 10, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado. 23.2. Appropriation date. February 28, 2003. 23.3. Amount. 2500 g.p.m., conditional. 24. Name of Structure. JEMAC Well 60147-F. 24.1. Location. In the NW1/4 SE1/4 of Section 23, Township 6 North, Range 54 West of the 6th P.M., Logan County, Colorado, 1328 feet from the South section line and 1519 feet from the East section line. 24.2. Appropriation date. February 28, 2003. 24.3. Amount. 2500 g.p.m., conditional. 25. Name of Structure. Lingreen Well 59333-F. 25.1. Location. In the SW1/4 SW1/4 of Section 36, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado, 117 feet from the South section line and 660 feet from the West section line. 25.2 Appropriation date. February 28, 2003. 25.3. Amount. 1750 g.p.m., conditional, 1250 g.p.m., absolute. 26. Name of Structure. Lingreen Well 59332-F. 26.1. Location. In the NW1/4 SE1/4 of Section 36, Township 7 North, Range 53 West of the 6th

P.M., Logan County, Colorado, 2040 feet from the South section line and 1630 feet from the East section line. 26.2. Appropriation date. February 28, 2003. 26.3. Amount. 1500 g.p.m., conditional. 27. Name of Structure. Curlee Well 60633-F. 27.1. Location. In the SE1/4 SE1/4 of Section 25, Township 6 North, Range 54 West of the 6th P.M., Logan County, Colorado, 50 feet from the South section line and 60 feet from the East section line. 27.2. Appropriation date. February 28, 2003. 27.3. Amount. 850 g.p.m., conditional, 1650 g.p.m., absolute. 28. Name of Structure. Curlee Well 60375-F. 28.1. Location. In the SE1/4 SW1/4 of Section 16, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado, 325 feet from the South section line and 2625 feet from the West section line. 28.2. Appropriation date. February 28, 2003. 28.3. Amount. 1250 g.p.m., conditional, 1250 g.p.m., absolute. 29. Name of Structure. Manuello Well 58042-F. 29.1. Location. In the NE1/4 NW1/4 of Section 3, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado, 1250 feet from the North section line and 2850 feet from the East section line. 29.2. Appropriation date. August 16, 2002. 29.3. Amount. 700 g.p.m., conditional, 800 g.p.m., absolute. 30. Name of Structure. Mari Bros. Well 58052-F. 30.1. Location. In the SE1/4 SE1/4 of Section 20, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado, 500 feet from the South section line and 35 feet from the East section line. 30.2. Appropriation date. August 16, 2002. 30.3. Amount. 550 g.p.m., conditional, 1450 g.p.m., absolute. 31. Name of Structure. Mari Bros. Well 58053-F. 31.1. Location. In the NW1/4 SW1/4 of Section 21, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado, 1330 feet from the South section line and 500 feet from the West section line. 31.2. Appropriation date. August 16, 2002. 31.3. Amount. 800 g.p.m., conditional, 1300 g.p.m., absolute. 32. Name of Structure. Rod Mari Well 59849-F. 32.1. Location. In the SW1/4 SW1/4 of Section 21, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado, 982 feet from the South section line and 486 feet from the West section line. 32.2. Appropriation date. February 28, 2003. 32.3. Amount. 1500 g.p.m., conditional. 33. Name of Structure. Propst Well 61093-F. 33.1. Location. In the SW1/4 SE1/4 of Section 2, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado, 639 feet from the South section line and 2576 feet from the East section line. 33.2. Appropriation date. February 28, 2003. 33.3. Amount. 850 g.p.m., conditional, 1650 g.p.m., absolute. 34. Name of Structure. Roth Well 58043-F. 34.1. Location. In the SE1/4 NW1/4 of Section 16, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado, 2100 feet from the North section line and 2100 feet from the West section line. 34.2. Appropriation date. August 16, 2002. 34.3. Amount. 600 g.p.m., conditional, 900 g.p.m., absolute. 35. Name of Structure. Smart Well 59336-F. 35.1. Location. In the SE1/4 SE1/4 of Section 16, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado, 42 feet from the South section line and 1118 feet from the East section line. 35.2. Appropriation date. February 28, 2003. 35.3. Amount. 1250 g.p.m., conditional, 1250 g.p.m., absolute. 36. Name of Structure. Vollmer Well 58055-F. 36.1. Location. In the SE1/4 SW1/4 of Section 20, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado, 605 feet from the South section line and 2692 feet from the East section line. 36.2. Appropriation date. August 16, 2002. 36.3. Amount. 750 g.p.m., conditional, 1750 g.p.m., absolute. 37. Name of Structure. Vollmer Well 59338-F. 37.1 Location. In the NW1/4 SW1/4 of Section 24, Township 6 North, Range 54 West of the 6th P.M., Logan County, Colorado, 2475 feet from the South section line and 100 feet from the West section line. 37.2. Appropriation date. March 28, 2003. 37.3. Amount. 2500 g.p.m., conditional. 38. Name of Structure. SIC A1 Well 16760-F. 38.1. Location. In the SE1/4 NE1/4 Section 7, Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado, 2600 feet from the North section line and 1060 feet from the East section line. 38.2. Appropriation date. December 31, 1972. 38.3. Amount. 2450 g.p.m., conditional. 39. Name of Structure. SIC A2 Well 16763-F. 39.1. Location. In the SE1/4 NE1/4 Section 7, Township 7 North, Range 52 West of the 6th P.M. Logan County, Colorado, 1370 feet from the North section line and 980 feet from the East section line. 39.2. Appropriation date. December 31, 1972. 39.3. Amount. 2450 g.p.m., conditional. 40. Name of Structure. SIC A3 Well 16759-F. 40.1. Location. In the SE1/4 SE1/4 of Section 6, Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado, 25 feet from the South section line and 390 feet from the East section line. 40.2. Appropriation date. December 31, 1972. 40.3. Amount. 2450 g.p.m., conditional. 41. Name of Structure. SIC A4 Well 16764-F. 41.1. Location. In the NE1/4 of the SE1/4

Section 6, Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado, 1335 feet from the South section line and 420 feet from the East section line. 41.2. Appropriation date. December 31, 1972. 41.3. Amount. 2450 g.p.m., conditional. 42. Name of Structure. SIC A5 Well 16762-F. 42.1. Location. In the NE1/4 SE1/4 Section 6, Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado at a point 2190 feet North and 670 West of the SE corner of said Section 6. 42.2. Appropriation date. December 31, 1972. 42.3. Amount. 2450 g.p.m., conditional. 43. Name of Structure. SIC A6 Well 16761-F. 43.1. Location. In the SW1/4 NE1/4 Section 6, Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado, at a point 2250 feet South and 1325 feet West of the NE Corner of said Section 6. 43.2. Appropriation date. December 31, 1972. 43.3. Amount. 2450 g.p.m., conditional. 44. Name of Structure. SIC B1 Well 19533-F. 44.1. Location. In the SE1/4 SE1/4 Section 7, Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado, at a point 1000 feet from the South section line and 1000 feet from the East section line, said Section 7. 44.2. Appropriation date. April 7, 1975. 44.3. Amount. 2240 g.p.m., conditional. 45. Name of Structure. SIC B2 Well 19532-F. 45.1. Location. In the SE1/4 SW1/4 of Section 31, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado, at a point 400 feet from the South section line and 2600 feet from the West section line, said Section 31. 45.2. Appropriation date. April 7, 1975. 45.3. Amount. 2240 g.p.m., conditional. 46. Name of Structure. SIC B3 Well 19531-F. 46.1. Location. In the SE1/4 SW1/4 Section 30, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado, at a point 100 feet from the South section line and 2000 feet from the West section line, said Section 30. 46.2. Appropriation date. April 7, 1975. 46.3. Amount. 1340 g.p.m., conditional. 47. Name of Structure. SIC B4 Well 19530-F. 47.1. Location. In the SW1/4 SE1/4 Section 20, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado, at a point 50 feet from the South section line and 2000 feet from the East Section line, said Section 20. 47.2. Appropriation date. April 7, 1975. 47.3. Amount. 2070 g.p.m., conditional. 48. Name of Structure. Cecil Farms Well. 48.1. Location. SE1/4 SW1/4 of Section 25, Township 7 North, Range 53 West of the 6th P.M., Logan County, Colorado. 48.2. Appropriation date. December 14, 2004. 48.3. Amount. 2500 g.p.m., conditional. 49. Name of Structure. Famm Well. 49.1. Location. In the NE1/4 SE1/4, Section 25, Township 7 North, Range 53 West, Logan County, Colorado. 49.2. Appropriation date. December 14, 2004. 49.3. Amount. 3000 g.p.m., conditional. 50. Name of Structure. Goss Well No. 1. 50.1. Location. In the SW1/4 SW1/4, Section 13, Township 6 North, Range 54 West, Logan County, Colorado. 50.2. Appropriation date. December 14, 2004. 50.3. Amount. 1000 g.p.m., conditional. 51. Name of Structure. Goss Well No. 2. 51.1. Location. In the NW1/4 SE1/4, Section 14, Township 6 North, Range 54 West, Logan County, Colorado. 51.2. Appropriation date. December 14, 2004. 51.3. Amount. 1000 g.p.m., conditional. 52. Name of Structure. Guenzi Well. 52.1. Location. In the SE1/4 SW1/4 Section 8, Township 6 North, Range 53 West, Logan County, Colorado. 52.2. Appropriation date. December 14, 2004. 52.3. Amount. 1800 g.p.m., conditional. 53. Name of Structure. Hessler Farms Well No. 1-62513-F. 53.1. Location. In the NE1/4 SE1/4 Section 10, Township 6 North, Range 53 West, Logan County, Colorado, 2550 feet from the South section line and 50 feet from the East section line. 53.2. Appropriation date. December 14, 2004. 53.3. Amount. 2500 g.p.m., conditional. 54. Name of Structure. Hessler Farms Well No. 2-62515-F. 54.1. Location. In the SW1/4 NW1/4 Section 15, Township 6 North, Range 53 West, Logan County, Colorado, 2630 feet from the North section line and 40 feet from the West section line. 54.2. Appropriation date. December 14, 2004. 54.3. Amount. 2500 g.p.m., conditional. 55. Name of Structure. Hessler Farms Well No. 3-62514-F. 55.1. Location. In the NE1/4 NE1/4 Section 15, Township 6 North, Range 53 West, Logan County, Colorado, 600 feet from the North section line and 600 feet from the East section line. 55.2. Appropriation date. December 14, 2004. 55.3. Amount. 2500 g.p.m., conditional. GROUNDWATER RIGHTS. 56. Name of Structures. SIC Well A1, SIC Well A2, SIC Well A3, SIC Well A4, SIC Well A5, SIC Well A6, SIC Well B1, SIC Well B2, SIC Well B3 SIC Well B4. 56.1. Diversion Points. 56.1.1. SIC Well A1. In the SE1/4 NE1/4 Section 7, Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado, 2600 feet from the North section line and 1060 feet from the East section line. 56.1.2. SIC Well A2. In the SE1/4 NE1/4 Section 7, Township 7 North, Range 52 West of the 6th P.M. Logan County, Colorado, 1370 feet from the North section line and 980

feet from the East section line. 56.1.3. SIC Well A3. In the SE1/4 SE1/4 of Section 6, Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado, 25 feet from the South section line and 390 feet from the East section line. 56.1.4. SIC Well A4. In the NE1/4 SE1/4 Section 6, Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado, 1335 feet from the South section line and 420 feet from the East section line. 56.1.5. SIC Well A5. In the NE1/4 SE1/4 Section 6, Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado at a point 2190 feet North and 670 West of the SE corner of said Section 6. 56.1.6. SIC Well A6. In the SW1/4 NE1/4 Section 6, Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado, at a point 2250 feet South and 1325 feet West of the NE Corner of said Section 6. 56.1.7. SIC Well B1. In the SE1/4 SE1/4 Section 7, Township 7 North, Range 52 West of the 6th P.M., Logan County, Colorado, at a point 1000 feet from the South section line and 1000 feet from the East section line, said Section 7. 56.1.8. SIC Well B2. In the SE1/4 SW1/4 of Section 31, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado, at a point 400 feet from the South section line and 2600 feet from the West section line, said Section 31. 56.1.9. SIC Well B3. In the SE1/4 SW1/4 Section 30, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado, at a point 100 feet from the South section line and 2000 feet from the West section line, said Section 30. 56.1.10 SIC Well B4. In the SW1/4 SE1/4 Section 20, Township 8 North, Range 52 West of the 6th P.M., Logan County, Colorado, at a point 50 feet from the South section line and 2000 feet from the East Section line, said Section 20. 56.2. Source. Groundwater tributary to the South Platte River. 56.3. Date of Appropriation. June 15, 2005 for all wells. 56.4. Amounts. SIC Well A1, 2450 g.p.m., conditional; SIC Well A2, 2450 g.p.m., conditional; SIC Well A3, 2450 g.p.m., conditional; SIC Well A4, 2450 g.p.m., conditional; SIC Well A5, 2450 g.p.m., conditional; SIC Well A6, 2450 g.p.m., conditional; SIC Well B1, 2240 g.p.m., conditional; SIC Well B2, 2240 g.p.m., conditional; SIC Well B3, 1340 g.p.m., conditional; SIC Well B4, 2070 g.p.m., conditional. 56.5. Use. Irrigation of any lands within the service area of the Sterling Irrigation Company, consisting of approximately 7400 acres served by the Sterling No. 1 Ditch, which headgate is located in the NW1/4 of Section 25, Township 7 North, Range 53 West, 6th P.M., Logan County, Colorado. EXCHANGE. 57. Exchange. 57.1. Legal Description of Points of Diversion. The points of diversion are the headgates of the South Platte, Schneider, Springdale, and Sterling No. 1 Ditches, the Prewitt Reservoir Inlet Canal, and the Recharge Wells described in ¶8.1, ¶10.1, ¶11.1, ¶13.1, ¶16.1, ¶17.1 and ¶18.1 of the Decree, all in Logan County, Colorado. 57.2. Legal Description of the Reach of the South Platte River Within the Substitution and Exchange. The recharge water delivered to the South Platte River will be delivered within a reach of the South Platte River, consisting of an upstream point at the Prewitt Reservoir Inlet Canal and a downstream point at the North section line of Section 25, Township 9 North, Range 52 West, 6th P.M., Logan County, Colorado. 57.3. Date of initiation of appropriation April 23, 2003. 57.4. Amount. 52 c.f.s.,conditional. 57.5. Use. Augmentation of water rights used for irrigation, municipal, commercial, livestock, fire protection, recharge and replacement. 58. Outline of What Has Been Done Toward Completion. 58.1. The Diligence period for the conditional rights is February 21, 2006 to January 31, 2012. 58.2. On February 17, 2009 Logan filed a Motion with the Court to establish recharge credit from the Prewitt Ranch Recharge Project. The Court approved the use of credits by Order of June 8, 2010. 58.3. On December 20, 2007 Logan filed the Application in Case No. 07CW300 to add Member Wells and augmentation sources to the Decree. A decree was entered in Case No. 07CW300 on April 15, 2011. 58.4. During the diligence period Logan made annual projections under the decree terms, operated the augmentation plans set out in the Decree and in 07CW300, recharged water rights and provided the required accounting. All Member Wells were allowed to operate under the augmentation plans if the owners desired to divert groundwater for decreed uses. 58.5. During the diligence period Logan filed statements of opposition in or otherwise participated in oppositions already filed in the following cases: 22 Ranch, 04CW179; Healey 10CW190; Hessler, 10CW200; High Plains 09CW29; Mowery 05CW100. 58.6. During the diligence period Logan has expended funds to install monitoring wells, for certification of well meters, for reading of well meters, maintenance of recharge ponds, accounting, engineering and legal services, which total more than $506,800. 58.7. During the diligence period Applicants diverted conditional water rights for the beneficial uses allowed by the Decree as described in ¶58. 58.9. During the diligence period Logan

prepared engineering and negotiated with the Parker Water and Sanitation District in order to provide terms to Parker to allow the decreed Exchange to be operated in satisfaction of the Parker Provisions set out in the Decree at ¶60.During the diligence period Logan measured the capacity of the South Platte Ditch and filed a Notice of such capacity as required by the Decree. 59. Claims To Make Absolute and for Finding of Reasonable Diligence Pursuant to §37-92-304 C.R.S. Logan’s consultant Spronk Water Engineers, Inc. reviewed the State Engineer Diversion Records and Applicant’s records to determine the diversions made pursuant the conditional water rights described above. Applicants claim the following amounts of each water right should be decreed absolute. The conditional water rights amounts not made absolute set out in ¶¶1-57 should remain conditional. The water rights set out in the Decree are part of an integrated system. Applicant's water rights and recharge system and each of the water rights and structures which will provide augmentation, substitution, replacement and exchange supplies under this decree collectively comprise an integrated system of water rights and structures under §37-92-301(4)(b) C.R.S. Work performed and effort or costs expended by Applicants on any water rights or structures which are part of its integrated water system should be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the system as provided in §37-92-301(4)(b), C.R.S. RECHARGE PROJECTS. 59.1. Schneider Ditch Recharge Project. 53.42 c.f.s. was diverted September 30, 2009 at the headgate. 14.3 c.f.s. is already decreed absolute. 39.12 c.f.s. additional should be made absolute. 59.2. South Platte Ditch Recharge Project No. 2. 55.0 c.f.s. was diverted February 22, 2011 at the headgate. 39.4 c.f.s. is already decreed absolute. 15.60 c.f.s. additional should be made absolute. 59.3. LWU South Platte Ditch Recharge Project. 4416.3 g.p.m was diverted by the R-3 Hessler Well on January 31, 2009. 4000 g.p.m. is already decreed absolute. 416.3 g.p.m. additional should be made absolute. 59.4. Springdale Ditch Recharge Project. 66.81 c.f.s. was diverted on September 21, 2009. 30.6 c.f.s. is already decreed absolute. 36.2 c.f.s. additional should be made absolute. 59.5. Sterling Irrigation Company Recharge Project. 113.9 c.f.s. was diverted on September 28, 2009 at the Sterling Irrigation Canal. 22.3 c.f.s. is already decreed absolute. 91.6 c.f.s. additional should be made absolute. 3.0 c.f.s. was diverted on May 18, 2011 at the Section 19 Seep Recharge headgate and should be made absolute. 59.6. Ron Ruff Recharge Project. 3.5 c.f.s. was diverted on December 27, 2007. 2.7 c.f.s. is already decreed absolute. 0.8 c.f.s. additional should be made absolute. 59.7. Guenzi Recharge Well Project. 6000 g.p.m. is absolute for GRWP Ponds No. 1-3 for direct augmentation of water rights used for irrigation, livestock, commercial, recharge and replacement. 5000 g.p.m. was diverted by R-2 Guenzi Recharge Well No. 2 on June 1, 2009 and should be made absolute for fire protection, wildlife and wildlife recovery. 2339.6 g.p.m. was diverted by R-4 Guenzi Recharge Well No. 4 on December 9, 2010. 2250 g.p.m. is already decreed absolute. 89.6 g.p.m. additional should be made absolute. 58.8. Hessler Farms Inc. Recharge Well Project. 4000 g.p.m. is absolute for direct augmentation of water rights used for irrigation, livestock, commercial, recharge and replacement. 583.7 g.p.m. was diverted by R-3 Hessler Recharge Well on January 31, 2009 and should be made absolute for fire protection, wildlife and wildlife recovery. 59.9. Buffalo Farms Water Development Inc., Recharge Well Project. 5000 g.p.m. was diverted from R-11 Buffalo Recharge Well No. 1 on March 2, 2007 and should be made absolute. AUGMENTATION WELLS. 59.10. A-6 Fiscus. 1877.1 g.p.m was diverted in September 1, 2006 and should be made absolute. 59.11. A-11 Hessler.1131.7 g.p.m was diverted in October 1, 2006 and should be made absolute. 59.12. A-16 JEMAC. 1265.1 g.p.m was diverted on October 1, 2006 and should be made absolute. 59.13. A-47 SIC A-3. 2450 g.p.m was diverted on June 2, 2008 and should be made absolute. 59.14. A-48 SIC A-4. 2450 g.p.m was diverted on June 9, 2008 and should be made absolute. 59.15. A-49 SIC A-5. 2450 g.p.m was diverted on June 2, 2008 and should be made absolute. 59.16. A-50 SIC A-6. 2450 g.p.m was diverted on June 29, 2006 and should be made absolute. 59.17. A-51 SIC B-1. 0.7 g.p.m was diverted on June 8, 2006 and should be made absolute. 59.18. A-52 SIC B-2. 2240 g.p.m was diverted on August 15, 2006 and should be made absolute. 59.19. A-53 SIC B-3. 1340 g.p.m was diverted on August 26, 2008 and should be made absolute. 59.20. A-54 SIC B-4. 2028.7 g.p.m was diverted on August 15, 2006 and should be made absolute. 59.21. A-64 Hessler Farms. 843.8 g.p.m was diverted on October 1, 2006 and should be made absolute. 59.22. A-65 Hessler Farms. 1153.45 g.p.m was diverted on August 26, 2008 and should be made absolute. GROUNDWATER RIGHTS. 59.23.

SIC Well A-1. 365 g.p.m was diverted in July, 2009 and should be made absolute. 59.24. SIC Well A-3. 216.1 g.p.m was diverted in July, 2008 and should be made absolute. 59.25. SIC Well A-4. 710.2 g.p.m was diverted in August, 2009 and should be made absolute. 59.26. SIC Well A-6. 547 g.p.m was diverted in July, 2008 and should be made absolute. 59.27. SIC Well B-1. 218.5 g.p.m was diverted in July, 2007 and should be made absolute. 59.28. SIC Well B-2. 326.8 g.p.m was diverted in July, 2010 and should be made absolute. 59.29. SIC Well B-3. 285.6 g.p.m was diverted in July, 2007 and should be made absolute. 59.30. SIC Well B-4. 343.6 g.p.m was diverted in May, 2009 and should be made absolute. 60. Applicants request the Court find that the water rights have been made absolute as described above and that Applicants have been diligent in the development of the conditional water rights not made absolute herein, which are part of Applicants’ integrated systems, and grant such other and further relief as the Court deems just.

12CW18 Empire Dairy, LLC, 1473 County Road S, Wiggins, CO 80654-9605, through their attorneys Petrock & Fendel, P.C., Frederick A. Fendel, III, Atty. Reg. #10476, Matthew S. Poznanovic, Atty. Reg. #29990, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION, IN WELD AND MORGAN COUNTIES. WATER RIGHTS 2. Structure: Empire Dairy Well No. 1 2.1 Location: The Empire Dairy Well No. 1 will be located in the SE1/4 SW1/4 Section 32, T4N, R60 W of the 6th PM at a point 1370 feet from the West section line and 597 feet from the South section line, Morgan County, Colorado as described in the map attached to the application as Exhibit 1. 2.2 Source: Groundwater tributary to the South Platte River 2.3 Amount: 1000 gpm (conditional) 2.4 Date of Appropriation: January 31, 2012 How appropriation initiated: The appropriation was initiated by formation of intent, well design, planning for the implementation of the Plan for Augmentation requested herein, and the filing of the application. 2.5 Uses: The Empire Dairy Well No. 1 will be used for commercial, irrigation, stock watering, dust suppression and all uses incidental to a commercial dairy operation located in the S1/2 and the S1/2 NW1/4 of Section 32, T4N, R60 W of the 6th PM and the N1/2 of Section 5, T3N, R60 W of the 6th PM all in Morgan County, Colorado. 3. Structure: Well with WDID No. 0107627 3.1 Location: The Well with WDID No. 0107627 is located in the SE1/4 SE1/4 Section 33, T4N, R60 W of the 6th PM, Morgan County, at a point 50 feet North of the South Section line and 1260 feet West of the East Section line of said Section 33 as described in the map attached to the application as Exhibit 1. 3.2 Source: Groundwater tributary to the South Platte River 3.3 Amount: 3 cfs (conditional) 3.4 Date of Appropriation: January 31, 2012 How appropriation initiated: The appropriation was initiated by formation of intent, planning for the implementation of the Plan for Augmentation requested herein, and the filing of the application. 3.5 Use: The well with WDID No. 0107627 was decreed in Case No. W-3687 with an appropriation date of June 30, 1946, Permit No. 1397, for the irrigation of 160 acres in the S1/2 of NE1/4 and the E1/2 of SE1/4, Section 33, T4N, R60 W, 6th PM, Morgan County, Colorado. Applicant will continue to use the well with WDID No. 0107627 to irrigate the originally decreed acres pursuant to the water right decreed in Case No. W-3687 and also to irrigate the following additional acres pursuant to the new water right requested in this application. A new water right is requested for the well for irrigation of an additional 160.5 acres located in the N1/2 of the NE1/4 and the W1/2 of the SE1/4 of Section 33, T4N, R60 W, 6th PM, Morgan County, Colorado. The irrigated acres decreed in Case No. W-3687 and the irrigated acres for the new water right for the well with WDID No. 0107627 requested in this application are described in the map attached to the application as Exhibit 1. PLAN FOR AUGMENTATION 4. Structures to be Augmented: 4.1 Empire Dairy Well No. 1 described above. 4.2 Applicant owns the following wells permitted to operate as augmented structures pursuant to the augmentation plan of the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District (GMS) decreed in Case No. 02CW335. The wells will also operate pursuant to the plan for augmentation requested in this application. The source of each well is groundwater tributary to the South Platte River. The wells are described as follows: 4.2.1 Well with WDID No. 0107627 described above. The plan for augmentation requested in this application will augment out of priority depletions resulting from irrigation of the 320.5 acres described in Paragraph 3.5. 4.2.2 Well with WDID

No. 0107837: a. Permit No. 36535-F-R b. Decree: 89CW42 c. Decreed Amount: 50 gpm/36.3 acre-feet annually d. Decreed Location: SW1/4SE1/4 Section 32, T4N, R60 W, 6th PM, Morgan County, Colorado at a point 700 feet from the South section line and 1,495 feet from the East section line. e. Decreed Uses: Commercial, agricultural, livestock and domestic. The principal use is for operation of a commercial dairy upon said premises comprised of approximately 1,000 head of dairy animals and three mobile homes situated upon the lands of applicant which is comprised of 62 acres in the SW1/4 of the SE1/4 of Section 32, Township 4 North, Range 60 W of the 6th PM, Morgan County, Colorado. The well also operates pursuant to an augmentation plan decreed in Case No. 89CW42. 4.2.3 Well with WDID No. 0106866: a. Permit No. 44925-F-R b. Decree: 94CW117 c. Decreed Location: SE1/4SE1/4 Section 32, T4N, R60 W, 6th P.M., Morgan County, Colorado at a point 264 feet North and 1261 feet West of the Southeast Corner of said Section 32. d. Decreed Uses and Amounts: In Case No. 94CW117, the well with WDID No. 0106866 was decreed as an alternate point of diversion to the well with WDID No. 0109026 and the rate of diversion was increased to 0.222 cfs, up to 75 acre-feet per year, for four single family dwellings, watering of domestic animals, irrigation of one acre of lawns and gardens, commercial, livestock, commercial dairy and irrigation purposes. 4.2.4 Well with WDID No. 0109026: a. Permit No. 44924-F b. Decrees: 1458 and 94CW117 c. Decreed Location: SE1/4NE1/4 Section 32, T4N, R60 W, 6th P.M., Morgan County, Colorado at a point 2373 feet South and 503 feet West of the Northeast corner of said Section 32. d. Decreed Uses and Amounts: In Case No. 1458, the well with WDID 0109026 was decreed 2.139 cfs for irrigation use. In Case No. 94CW117, the well with WDID No. 0106866 was decreed as an alternate point of diversion to the well with WDID No. 0109026 and the following uses were added for this well: four single family dwellings, watering of domestic animals, irrigation of one acre of lawns and gardens, commercial, livestock, commercial dairy. The well may irrigate lands in the East 1/2 of the E1/2 of said Section 32 as described in the map attached to the application as Exhibit 1. 4.2.5 Irrigation Wells: WDID Decree Permit Decreed Amount (cfs) Decreed Location 0105434 W-4085 12180 2.09 NW1/4SE1/4 Sec. 32, T4N, R60W, 6th PM, Morgan County at a point 540 feet South and 1320 feet West of the E1/4 corner of said section 32. 0105435 W-4085 15083 2.66 SE1/4SW1/4 Sec. 29, T4N, R60W, 6th PM, Morgan County at a point 665 feet North and 1090 feet East of the S1/4 Corner of said Section 29. 0107626 W-3687 1396 2.78 SE1/4NE1/4 Sec. 4, T3N, R60 W, 6th PM, Morgan County at a point 3268 feet North of the South Section line and 700 feet West of the East Section line of said Section 4. 0108207 W-3223 14466 3.119 SW1/4SE1/4 Sec. 23, T4N, R60W, 6th PM, Morgan County at a point 46 feet North and 2620 feet West of the Southeast section corner. 0108208 W-3223 13929 2.674 SE1/4NW1/4 Sec. 23, T4N, R60W, 6th PM, Morgan County at a point 2587 feet South and 2211 feet East of the Northwest section corner. 0108779 W-1477 1369 2 SE1/4NE1/4 Sec. 35, T4N, R60 W, 6th PM, Morgan County at a point 2656 feet north and 986 feet west of the SE section corner of said Section 35. 0108784 W-1477 6864F 3.33 SE1/4NE1/4 Sec. 35, T4N, R60 W, 6th PM, Morgan County at a point 3930 feet north and 1013 feet west of the SE section corner of said Section 35.

0105703 W-4371 14603 3.558 SW1/4NE1/4 Sec. 23, T4N, R60W, 6th PM, Morgan County at a point 1647 feet west and 30 feet north of the E1/4 corner of said Section 23. The eight wells identified in Paragraph 4.2.5 irrigate lands described in the above referenced decrees and as shown on the map attached to this application as Exhibit 1. 4.3 In the future, Applicant may seek to add additional wells as augmented structures to the plan for augmentation requested in this application. Accordingly, Applicant intends to propose terms and conditions in the decree for the plan for augmentation requested herein for adding additional wells to the augmentation plan in the future. 5. Description of Depletions to be Augmented: 5.1 Depletions from the wells will occur to the South Platte River in a reach from Section 17, Township 4N, Range 60 W, 6th P.M. through Section 2, Township 4N, Range 60W of the 6th P.M., all in Morgan County, Colorado. All pumping from the wells for commercial use, dust suppression, stock watering and all uses incidental to the commercial dairy operation will be considered 100% consumptive. Sprinkler irrigation use will be considered 80% consumptive, and flood irrigation use will be considered 60% consumptive. 6. Sources of Augmentation Water: 6.1 Three shares of Morgan Prewitt Reservoir Company owned by Applicant. 6.1.1 Previous Decrees: Originally decreed January 15, 1914, Case No. 2142, Weld County District Court for 32,300 acre-feet with an appropriation date of May 25, 1910; Originally decreed October 18, 1965, Case No. 16704, Weld County District Court for 34,960 acre-feet with an appropriation date of December 31, 1929; 6.1.2 Originally Decreed Use: Irrigation; 6.1.3 Amount: Applicant is entitled to use a pro rata share of 67,260 acre feet; Pursuant to the decree in Case No. 89CW42, 50% of the annual delivery of the shares may be used for augmentation and exchange; 6.1.4 Point of Diversion: headgate located on the east bank of the South Platte River in the SW1/4, Section 24, Township 5 North, Range 55 West of the 6th P.M., Morgan County, Colorado; 6.1.5 Source: South Platte River;6.1.6 In Case No. 89CW42, a change of water rights was approved for Applicant’s three shares to include augmentation and exchange and the originally decreed irrigation use. Pursuant to the decree in Case No. 89CW42, Applicant has the right to use all or such portion of the shares on an annual basis that is not required for use in the augmentation plan decreed in that case. 6.2 Two shares of Jackson Lake Reservoir and Irrigation Company owned by Applicant. 6.2.1 Prior Decrees: Originally decreed January 15, 1914, Case No. 2142, Weld County District Court for 30,992 acre-feet with an appropriation date of May 18, 1901; Originally decreed May 11, 1915, Case No. 2142, Weld County District Court for 4,637 acre-feet with an appropriation date of May 18, 1901; Originally decreed June 8, 1965, Case No. 16704, Weld County District Court for 8,269.92 acre-feet with an appropriation date of December 31, 1929. 6.2.2 Amount: Applicant is entitled to use a pro rata share of 43,898 acre-feet; Pursuant to the decree in Case No. 89CW42, 50% of the annual delivery of the shares may be used for augmentation and exchange; 6.2.3 Originally Decreed Use: Irrigation; 6.2.4 Point of Diversion: The headgate of the Jackson Lake Inlet Canal is located at a point on the north bank of the South Platte River 900 feet south and 200 feet west of the center of the SE1/4, Sec.18, T4N, R61W, 6th P.M., Weld County, Colorado. The inlet extends thence easterly about 10 miles to the reservoir. Jackson Lake reservoir is located in Sections 10, 13, 14, 15, 16, 21, 22, 23, 24, 26, and 27 all in T5N, R60 W, 6th P.M., Morgan County, Colorado; 6.2.5 Source: South Platte River; 6.2.6 In Case No. 89CW42, a change of water rights was approved for Applicant’s two shares to include augmentation and exchange and the originally decreed irrigation use. Pursuant to the decree in Case No. 89CW42, Applicant has the right to use all or such portion of the shares on an annual basis that is not required for use in the augmentation plan decreed in that case. 6.3 Weldon Valley Recharge. Based on its ownership of twenty five shares of the Weldon Valley Ditch Company, Applicant is entitled to recharge credits from the Weldon Valley Ditch pursuant to the decree in Case No. 02CW377, Water Division 1. The decree in Case No. 02CW377 provides for a conditional water right with an appropriation date of December 13, 2002 and includes augmentation, exchange and recharge uses. 6.4 Riverside Recharge. Applicant is entitled to augmentation water generated by recharge credits from the following recharge pond that it owns that is included in the

Riverside Irrigation District and Riverside Reservoir and Land Company’s decree in Case No. 02CW86, Water Division 1: Name capacity (af) surface area (acres) location Jones Pasture Pond 400 50 SW1/4SE1/4 Sec. 2, T4N, R61 W, 6th PM, Morgan County. The decree in Case No. 02CW86 provides for conditional water rights with an appropriation date of April 17, 2003 for the above described recharge pond and includes augmentation, either directly or by exchange, and by recharge. 6.5 Bijou Irrigation Company Recharge: Applicant is entitled to augmentation water generated by recharge credits from the following recharge ponds it owns that are included in the Bijou Irrigation Company’s water court application in pending Case No. 01CW189: Name capacity (af) surface area (acres) location Fuchs Pond 1 16 8 SE1/4SW1/4 Sec. 28, T4N, R59 W, 6th PM, Morgan County. Fuchs Pond 2 14 7 NE1/4NW1/4 Sec. 33, T4N, R59 W, 6th P.M., Morgan County. Olsen Pond 1 15 6 SE1/4NE1/4 Sec. 33, T4N, R59 W, 6th P.M., Morgan County. Olsen Pond 2 33 13 NW1/4SW1/4 Sec. 34, T4N, R59 W, 6th P.M., Morgan County. Olsen Pond 3 22 11 NE1/4SE1/4 Sec. 33, T4N, R59 W, 6th P.M., Morgan County. Olsen Pond 4 11 7 SW1/4SW1/4 Sec. 34, T4N, R59 W, 6th P.M., Morgan County. 6.6 Bijou Irrigation Company Recharge: Applicant is entitled to augmentation water generated by recharge credits from the following recharge ponds it owns that are included in the Bijou Irrigation Company’s water court application in pending Case No. 03CW406: Name capacity (af) surface area (acres) location Metherd Pond 1 100 20 SW1/4SE1/4 Sec. 33, T4N, R59 W, 6th PM, Morgan County. Metherd Pond 2 100 20 SW1/2SE1/4 Sec. 33, T4N, R59 W, 6th PM, Morgan County. Metherd Pond 3 100 20 SE1/4SW1/4 Sec. 33, T4N, R59 W, 6th PM, Morgan County. Empire Dairy Pond 1 100 20 SW1/4NW1/4 Sec. 29, T4N, R60 W, 6th PM, Morgan County. Empire Dairy Pond 2 100 20 SW1/4NW1/4 Sec. 29, T4N, R60 W, 6th PM, Morgan County. Empire Dairy Pond 3 100 20 NW1/4SW1/4 Sec. 29, T4N, R60 W, 6th PM, Morgan County. Empire Dairy Pond 4 100 20 NW1/4SW1/4 Sec. 29, T4N, R60 W, 6th PM, Morgan County. 6.7 Kiowa and Milliron Facility recharge water: As a shareholder of the Orphan Wells of Wiggins, LLC. (“OWW”), Applicant is entitled to a portion of the total recharge credits for the Kiowa and Milliron project. OWW contracted with Central Colorado Water Conservancy District and the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District (“Central”) to obtain the use of a portion of the water available under Central’s water rights as decreed in Case Nos. 81CW382, 93CW24 and 00CW081, Weld County District Court, Weld County, State of Colorado. Appropriations: 12/17/1981 for 2,400 acre-feet; 3/7/1982 for 5,000 acre-feet, from the South Platte River for augmentation and other uses. 6.7.1 Milliron Facility Reaches 1a, 2a and 3a: Reach 1a, 2a and 3a recharge sites are located at the Milliron Facility owned by Central and decreed in Case Nos. 81CW382, 93CW24 and 00CW081. Recharge ponds have been constructed in Reaches 1a, 2a and 3a, and additional recharge ponds may be constructed in the future. The water source for the recharge sites is the South Platte River and its tributaries diverted at a headgate on the Bijou Canal where the canal intersects

Milliron Draw in the NE1/4 of Section 21, Township 4N, Range 60 W of the 6th PM, Morgan County, Colorado, water being delivered to said point from the South Platte River through the Bijou Canal the headgate of which is located in the NE1/4 of Section 13, Township 4 N, Range 63 W of the 6th PM, Weld County, Colorado or by a pump located at the intersection of Milliron Draw and the South Platte River in the N1/2 of Section 16, Township 4N, Range 60 W of the 6th PM, Morgan County, Colorado to the Milliron facility. Reaches 1a, 2a and 3a are located on a tract of land situated in Sections 16 and 21, Township 4 North, Range 60 West of the 6th P.M, Morgan County, Colorado. 6.7.2 Kiowa Facility Reaches 1b, 2b, 3b and 4b: Reach 1b, 2b, and 3b recharge sites are located at the Kiowa Facility owned by Central and decreed in Case Nos. 81CW382, 93CW24 and 00CW081. A fourth recharge site in Reach 4b at the Kiowa Facility has been constructed by Orphan Wells of Wiggins, LLC. on property it owns. Additional recharge ponds may be constructed in Reaches 1b, 2b, 3b, and/or 4b. The water source for the recharge sites is the South Platte River and its tributaries diverted through a headgate on the Bijou Canal where the canal intersects Kiowa Creek in the NE1/4 of Section 22, Township 4N, Range 60 W of the 6th PM, Morgan County, Colorado, water being delivered from the South Platte River through the Bijou Canal headgate as described above. Reaches 1b, 2b, 3b, and 4b are located on a tract of land situated in Sections 10, 11, 14, 15, 22 and 23, all in Township 4 North, Range 60 West of the 6th P.M., Morgan County, Colorado. 6.8 Other water rights and sources acquired by Applicant by purchase, lease, appropriation or otherwise which may be added to the plan for augmentation. Applicant may acquire other augmentation sources for temporary, start-up use, for periodic supplementation of its long-term sources, or for long-term or permanent use. Accordingly, Applicant intends to propose terms and conditions in the decree for the plan for augmentation requested herein for adding additional sources of augmentation to the augmentation plan in the future. 7. Statement of Plan for Augmentation: 7.1 The above described wells are, or will be, used for irrigation, and/or used in a commercial dairy operation for above described uses at the above described locations. The wells may continue to operate pursuant to augmentation plans described above. Based on ongoing and future expansion of the dairy operations and additional irrigation demand, Applicant seeks approval of the plan for augmentation requested in this application to augment the out of priority depletions from well pumping that are not augmented by the previously decreed augmentation plans. The plan for augmentation will use the sources of augmentation described above to provide for replacement of out-of-priority depletions to the South Platte River from the use of the wells, including out-of-priority post-pumping depletions resulting from use of the wells, to the extent necessary to prevent injury to other water rights. 7.2 The timing of depletions will be calculated. Augmentation water will be provided by recharge credits which accrue to the South Platte River and also by release of the two shares of Jackson Lake Reservoir and Irrigation Company and three shares of Morgan Prewitt Reservoir Company water to the South Platte River. Augmentation water will enter the South Platte River in a reach from Section 17, Township 4N, Range 60W of the 6th P.M. through Section 18, Township 4N, Range 58 W of the 6th PM, all in Morgan County, Colorado. Pumping will be limited so depletions do not exceed the available augmentation supply. 7.3 The plan for augmentation will not cause any material injurious effect to the owner or user of any vested water rights or decreed conditional water rights. 8. Owners of land on which any new structure is or will be located: 8.1 Empire Dairy Well No. 1: Applicant 9. The wells identified in Paragraph 4.2 are GMS Member Wells augmented by the augmentation plan of the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District (GMS) Decreed in Case No. 02CW335 under Class D Contract Nos. 398, 399, 400, 401, 402, 956, 965 and 994. The plan of augmentation proposed herein is for the purpose of allowing diversions from the wells in addition to the annual quota permitted under the GMS plan. Applicant and not GMS is and will be responsible for all depletions resulting from diversions authorized under this proposed plan for augmentation and any Substitute Water Supply Plan filed in connection with this Application. GMS policy prohibits GMS from replacing any depletion from supplemental plans. Applicant has complied with the GMS Policy regarding supplemental plans. 10. The following documents are filed with this application and are available from the Water Clerk, or from counsel for the Applicant: 10.1 Map showing location of the Empire Dairy Well No. 1, the wells identified in paragraph 4.2 and the irrigated lands. 10.2 Policy Resolution Regarding Supplemental Substitute Water Supply Plans and

Augmentation Plans adopted by the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District. WHEREFORE, Applicant prays that this Court enter a decree granting the application requested herein and finding that the water rights and the plan for augmentation requested herein will prevent injury to owners and users of vested and conditional water rights, and for such other and further relief as may be warranted. (18 pages). 12CW19 WILL BE PUBLISHED THROUGH WATER DIVISION 2**See Lexis transaction 42344484** 12CW19 (Div 1), 12CW6 (Div 2), ELAINE D. TOLARI, 14150 Herring Road, Colorado Springs, CO 80908. Worley Law Firm, LLC, Henry D. Worley, 611 N. Weber St. #104, Colorado Springs, CO 80903 in EL PASO COUNTY. I. APPLICATION FOR DENVER BASIN WATER RIGHTS. 1. Names of wells and permit, registration, or denial numbers: Permit No. 229191 2. Legal description of wells: Permit No. 229191 is constructed in the Dawson aquifer in the SE1/4 NE1/4 Section 5, T. 12 S., R. 65 W., 6th P.M., 1964 feet from the north section line and 684 feet from the east section line. One well in each of the Denver, Arapahoe and Laramie-Fox Hills aquifers is contemplated, plus all necessary additional and/or replacement wells, to be located anywhere on Applicant’s 14.656 acre property located in the SE/4 NE1/4 Section 6, T. 12 S., R. 65 W., 6th P.M., in El Paso County (the “Property”). The address of the property is 14150 Herring Road, Colorado Springs, CO 80908; its legal description is Lot 6 Wildwood Ranch Estates Filing 2. 1. A map showing its general location is attached as Figure 1; a second map which is a portion of the Wildwood Ranch Estates Filing 2 plat map is attached as Figure 2. The Property is located partially within Water Division 1 and partially within Water Division 2. A copy of the Applicant’s deed is attached as Exhibit A. 3. Sources: not nontributary Dawson aquifer; nontributary Denver aquifer; nontributary Arapahoe aquifer; nontributary Laramie-Fox Hills aquifer. 4. A. Date of appropriation: Not applicable. 4.B. How appropriation was initiated: Not applicable. 4.C. Date water applied to beneficial use: Not applicable. 5. Amount claimed: Dawson aquifer - 15 gpm, 14.27 acre feet annually, absolute; Denver aquifer - 15 g.p.m., 10.74 acre feet annually, absolute; Arapahoe aquifer - 150 g.p.m., 6.45 acre feet annually, absolute; Laramie-Fox Hills aquifer - 150 g.p.m., 4.19 acre feet annually, absolute. This amount includes the water underlying 0.344 acre to the center of the adjacent Herring Road. The water court will be asked to retain jurisdiction over such decree to enter a final determination of the amount of water available for appropriation from each aquifer based on geophysical logs for such wells. 6. Proposed use: Drinking, cooking and sanitary purposes inside a primary house and a guest house/detached home office; commercial; stock water; hot tub/spa and/or swimming pool; lawn and garden irrigation; other landscaping features; augmentation. 7. Name and address of owner of land on which wells are/will be located: Same as Applicant. II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. 8. Name of structures to be augmented: Well permit 229191. No other water rights are or will be diverted from that well. After entry of a decree, permit 229191 will be re-permitted consistent with the provisions of the decree. 9. Previous decrees for water rights to be used for augmentation: None. 10. Historic use: Not applicable. 11. Statement of plan for augmentation: Well permit 229191 is only permitted for indoor residential uses and noncommercial domestic animals. Applicant seeks approval of a plan for augmentation which will allow multiple uses from this structure, including without limitation indoor residential uses, commercial uses, a detached home office or guest house, landscape and garden irrigation, hot tub and/or swimming pool. Indoor use for the existing house is expected to equal 0.3 acre foot annually. Treatment of waste water from indoor uses will be achieved using a nonevaporative individual septic tank and leach field system (“ISDS”); consumption of water so treated will not exceed 10 percent of uses, with 90 percent, or 0.27 acre foot annually, returning to the nearest stream. Depletions in the 300th year are modeled to equal approximately 18 percent of annual pumping, or 0.27 acre foot based on the maximum allowable annual pumping rate of 1.5 acre foot. So long as a single family dwelling is located on the lot, ISDS return flows alone will equal or exceed maximum stream depletions each year during pumping. Change of the type of wastewater treatment to a central sewage treatment with direct discharge to any tributary of Fountain Creek or Cherry Creek shall not require an amendment to this plan for augmentation, but change to any

other type of waste water disposal shall require an amendment. Applicant proposes to replace depletions during pumping with return flows from the ISDS, and to replace post-pumping depletions with the nontributary Denver aquifer water decreed herein, all of which will be reserved for that purpose. Applicant will reserve the right to replace such depletions with any other judicially acceptable source of augmentation water, upon judicial approval after appropriate notice. 12. Miscellaneous provisions. (1) There is one lien against the Applicant’s property, a copy of the letter to the lienor as required by C.R.S. 37-92-302(2)(b) is attached hereto as Exhibit A. (2) This application is being filed in Water Divisions 1 and 2. After the period for filing statements of opposition has expired, Applicant will seek to consolidate the two cases in Division 2, where a portion of the Property is located. (3) A copy of this application is being sent to the El Paso Board of County Commissioners by certified mail, return receipt requested. A copy of that letter is attached as Exhibit B. 12CW20 WILL BE PUBLISHED THROUGH WATER DIVISION 2**See Lexis transaction 42344676** 12CW20 GREGORY S. WOLFF AND TANYA R. WOLFF, 14050 Rollercoaster Road, Colorado Springs, CO 80921-2026; Worley Law Firm, LLC, Henry D. Worley, 611 N. Weber St. #104, Colorado Springs, CO 80903 in EL PASO COUNTY. I. APPLICATION FOR DENVER BASIN WATER RIGHTS IN EL PASO COUNTY. 1. Names of wells and permit, registration, or denial numbers: Permit No. 34255-A 2. Legal description of wells: Permit No. 34255-A is constructed in the Dawson aquifer in the SE1/4 NW1/4 Section 4, T. 12 S., R. 66 W., 6th P.M., 1720 feet from the north section line and 2560 feet from the west section line. Permission is sought herein to construct up to three additional Dawson aquifer wells. One well in each of the Denver, Arapahoe and Laramie-Fox Hills aquifers is contemplated, plus all necessary additional and/or replacement wells, to be located anywhere on Applicants’ 13.66 acre property located in the SE1/4 NW1/4 Section 4, T. 12 S., R. 66 W., 6th P.M., in El Paso County (the “Property”). The address of the property is 14050 Rollercoaster Road, Colorado Springs, CO 80921-2026; its legal description is the E1/2 SE1/4 NW1/4 minus the north 320 feet, Section 4, T. 12 S., R. 66 W., 6th P.M. A map showing its general location is attached as Exhibit A. The Property is located entirely within the Arkansas River drainage. 3. Sources: not nontributary Dawson aquifer; not nontributary Denver aquifer; not nontributary Arapahoe aquifer; nontributary Laramie-Fox Hills aquifer. 4. A. Date of appropriation: Not applicable. 4.B. How appropriation was initiated: Not applicable. 4.C. Date water applied to beneficial use: Not applicable. 5. Amount claimed: Dawson aquifer - 15 gpm, 5.29 AF/yr, absolute; Denver aquifer - 15 g.p.m., 12.65 AF/yr, absolute; Arapahoe aquifer - 150 g.p.m., 5.78 AF/yr, absolute; Laramie-Fox Hills aquifer - 150 g.p.m., 4.22 AF/yr, absolute. These amounts include the water underlying 1.164 acres of land underlying the north half of the easement for Old North Gate Road (30 feet) and the west half of the easement for Rollercoaster Road (30 feet) where they are adjacent to the Property. The water court will be asked to retain jurisdiction over such decree to enter a final determination of the amount of water available for appropriation from each aquifer based on geophysical logs for such wells. 6. Proposed use: indoor residential, indoor commercial (drinking and sanitary uses only), livestock water, irrigation, hot tub or spa, augmentation. 7. Name and address of owner of land on which wells are/will be located: Same as Applicants. II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. 8. Name of structures to be augmented: Well permit 34255-A and three additional Dawson aquifer wells. No other water rights will be withdrawn through those wells. 9. Previous decrees for water rights to be used for augmentation: None. 10. Historic use: Not applicable. 11. Statement of plan for augmentation: Well permit 34255-A is permitted for domestic uses. Applicants seek approval of a plan for augmentation which will allow this well to be used for the following purposes; indoor residential uses, indoor commercial uses (sanitary and drinking water only), landscape and garden irrigation, livestock water, hot tub and/or spa. In addition, Applicants seek approval of a plan for augmentation which will allow the same uses from three additional Dawson aquifer wells. Total Dawson aquifer annual pumping shall not exceed 1.6 acre feet and total Dawson aquifer pumping over the entire augmentation plan shall not exceed 480 acre feet. The Dawson aquifer wells will operate as a well field, in which each well will be limited to 1.6 acre feet annually in

combination with the other three Dawson aquifer wells on the Property. Until the Property is subdivided, the existing well, permit 34255-A, shall be allowed to operate under its existing permit; when the Property is subdivided, a new well permit consistent with the terms of the plan for augmentation shall be required. Indoor use for each residence is expected to average 0.27 acre foot annually. Treatment of waste water from indoor uses will be achieved using nonevaporative individual septic tanks and leach fields (“ISDS”); consumption of water so treated will not exceed 10 percent of residential indoor uses, or 0.027 acre foot annually per lot, with 90 percent, or 0.243 acre foot annually, returning to the nearest stream. Depletions in the 300th year are modeled to equal 24.4 percent of annual pumping. Based on maximum annual pumping of 1.6 acre feet, depletions in the 300th year will equal 0.39 acre foot. So long as there are ISDS return flows from at least two single family dwellings, such return flows alone will equal at least 0.486 acre foot annually, which exceeds stream depletions each year during pumping. Change to a type of wastewater disposal other than nonevaporative ISDS shall require an amendment of this plan for augmentation. Applicants propose to replace depletions during pumping with Dawson aquifer return flows from the ISDS, and to replace post-pumping depletions with the nontributary Laramie-Fox Hills aquifer water decreed herein, all of which will be reserved for that purpose. Applicants will seek permission to reserve the right to replace such depletions with any other judicially acceptable source of augmentation water, upon judicial approval after appropriate notice. 12. Miscellaneous provisions. (1) There is one lien against the Applicants’ property, a copy of a letter notifying the lienor, US Bank Home Mortgage, of this application pursuant to C.R.S. 37-92-302(2)(b) is attached as Exhibit B. (2) Applicants are sending a copy of this letter to the Board of County Commissioners of El Paso County by certified mail, a copy of which is attached as Exhibit C. (3) This application is being filed in Water Divisions 1 and 2. After the period for filing statements of opposition has expired, Applicants will seek to consolidate the two cases in Water Division 2, where the Property is located. AMENDMENTS 02CW330 L.G. EVERIST, INC., AN IOWA CORPORATION AND CITY OF AURORA, COLORADO, ACTING BY AND THROUGH ITS UTILITY ENTERPRISE, SECOND AMENDED APPLICATION FOR CONDITIONAL WATER STORAGE RIGHT IN WELD, COUNTY. 1. Names. Address and Telephone Numbers of Co-Applicants: L.G. Everist, Inc., an Iowa Corporation, Attention: James A. Sittner, 7321 East 88th Avenue, Suite 200, Henderson, Colorado 80640. Telephone: 303-287-4656. City of Aurora, Colorado, acting by and through its Utility Enterprise, 15151 East Alameda Parkway, Suite 3600 Aurora, Colorado 80012-1555. Telephone: 303-739-7370. Please direct all future pleadings and correspondence to Applicants co-counsel: Attorneys for L.G. Everist, Inc., Timothy J. Flanagan, Esq., Fowler, Schimberg & Flanagan, P.C. 1640 Grant Street, #300, Denver, Colorado 80203. Telephone: (303) 298-8603. E-mail: t_flanagan@fsf-law.com. Attorney for City of Aurora: Steven O. Sims and John A. Helfrich, Brownstein, Hyatt Farber Schreck, LLP, 410 Seventeenth Street, Suite 220, Denver, Colorado 80202-4437. Telephone: (303-223-1100. E-mail: ssims@bhfs.com and jhelfrich@bhfs.com. 2. NAME OF RESERVOIR: The Aurora-Everist Reservoir will consist of one or more water storage cells surrounded by an impermeable bentonite-based slurry wall keyed into the shale bedrock of a reclaimed sand and gravel pit. Application is also made for two new surface diversions to serve this new Reservoir. 3. LOCATION: A. Legal Description: The Aurora-Everist Reservoir site is approximately 295 acres and will be located within: 1. All of the S1/2 of the NW1/4 of Section 30, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado; 2. Those portions of Lots 1, 2, 3 and 4 which lie within the N1/2 of the NW1/4 of Section 30, Township 2 North, Range 66 West of the 6th P.M., according to the Division No. 3 Plat as filed by the Lupton Meadows Land Company on June 12, 1909 in Book 5 of Maps at Page 1, Except for Parcels A, B, C, D and E, all of which lie within aforementioned Lot 2 and which are more particularly described by Deed recorded October 13, 1969 in Book 616 under Reception No. I 538429, Weld County, Colorado. 3. A parcel of land being Lot 3 of the NE1/4 of Section 25, Township 2 North, Range 67 West of the 6th P.M., according to the Division No. 3

Plat as filed by the Lupton Meadows Land Company on June 12, 1909 in Book 5 of Maps at Page 1, Weld County, Colorado. 4. A parcel of land being that part of Lot 6 lying westerly of the centerline of the South Platte River in the NE1/4 of Section 30, Township 2 North, Range 66 West of the 6th P.M., according to the Division No. 3 Plat as filed by the Lupton Meadows Land Company on June 12, 1909 in Book 5 of Maps at Page 1, Weld County, Colorado. 5. A parcel of land lying westerly of the South Platte River in the NW1/4, NW1/4, SE1/4 of Section 30, Township 2 North, Range 66 West of the 6th P.M., consisting of 1.018 acres more or less and which is more particularly described by Deed recorded July 11,2001 under Reception No. 2865029, Weld County, Colorado.B. Points of Diversion: 1. Diversion No. 1, which has not been constructed, is planned to divert on the west bank of the South Platte River in the NW1/4 of the NE1/4 of Section 31, 691 feet from the North Section Line, 2,455 feet from the East Section Line, in Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado. 2. Diversion No. 2, which has not been constructed, is planned to divert on the west bank of the South Platte River in the NE1/4 of the SW1/4 of Section 30, 2,948 feet from the South Section Line, 2,715 feet from the West Section Line, in Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado. 3. The Lupton Bottom Ditch Delivery will utilize capacity of the existing Lupton Bottom Ditch that diverts from the South Platte River on the west bank of the South Platte River in the West 1/2 of Section 19, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 4. SOURCE FOR RESERVOIR: South Platte River. 5. PRIORITY: A. Date of Appropriation: A. Aurora-Everist Reservoir No. 1: February 21, 2007. B. Aurora-Everist Reservoir No. 2: February 21, 2007. C. Diversion No. 1: February 21, 2007. D. Diversion No. 2: February 21, 2007. E. Lupton Bottom Ditch Delivery: February 21, 2007. B. How Appropriation was Initiated: On February 21, 2007, Aurora filed a Motion to Withdraw Statement of Opposition and Joint Motion to Add Aurora as Co-Applicant and Co-Counsel and for Amendment of Caption. As grounds for its motion, Aurora stated that on January 8, 2007, it had entered into an agreement with Everist to purchase the conditional water rights that were the subject of this Application. C. Date Water Applied to Beneficial Use: Not applicable. 6. AMOUNT CLAIMED: A. Aurora-Everist Reservoir No. 1: 4,500 acre-feet (conditional) with right of fill and re-fill. B. Aurora-Everist Reservoir No. 2: 2,500 acre-feet (conditional) with right of fill and re-fill. C. Aurora-Everist Diversion No. 1: 50 cfs (conditional fill rate). D. Aurora-Everist Diversion No. 2: 50 cfs (conditional fill rate). E. Lupton Bottom Ditch Delivery: 150 cfs (conditional fill rate). 7. PROPOSED USE: Aurora will use the water diverted into storage for all municipal, domestic, augmentation, exchange, commercial, industrial, water treatment, fire protection, irrigation, recreational, fish and wildlife propagation or mitigation, esthetic, return flow replacement and reservoir evaporation replacement. The place of use of the water is any area within the existing or future water service area of the City of Aurora, located in Adams, Arapahoe and Douglas Counties, or any extra-territorial area in which the City of Aurora contracts to provide augmentation and/or water service. Aurora seeks the right to fully consume such water diverted under these water rights by direct use, storage, exchange or augmentation. Aurora further seeks the right to dispose of, use, reuse and successively use to extinction, effluent or return flows if any remain after the first use of the water for the uses described above. 8. SIZE OF THE RESERVOIR: A. Surface Area: 225 acres. B.Maximum Depth: 55 feet. 9. TOTAL CAPACITY OF RESERVOIR: A. Active capacity: 7,000 acre-feet. B. Dead storage: 0 acre-feet. 10. NAME AND ADDRESS OF OWNER OF LAND ON WHICH STRUCTURE FOR THE WATER RIGHT IS LOCATED: A. Everist owns the property in the S1/2 of the NW1/4 of Section 30 upon which the Aurora-Everist Reservoir will be located. B. Everist owns the property, has a contracted right to purchase or holds an easement for all facilities that are subject to this Application (except the Lupton Bottom Ditch). C. The Lupton Bottom Ditch Company, c/o Howard Cantrell, P.O. Box 305 Fort Lupton, CO 80621, owns the Lupton Bottom Ditch, and the Applicant is a shareholder in said ditch. D. Other parts of the Aurora-Everist Reservoir and the land underlying the outlet works are owned by the Gomer Hill Living Trust, Dated May 25, 2000, for the benefit of Gomer Hill, the Julane M. Hill Living Trust, Dated May 25, 2000, for the benefit of Julane M. Hill whose addresses are 12526 WCR 18, Ft. Lupton, CO 80621. Aurora has an easement that allows the construction of the reservoir and outlet works under these lands. 11. REMARKS: A. Attached is a revised general location map of the facilities that are the subject of this Application. (See Exhibit A attached to

Application). B. This property is being mined in accordance with a Section 112 Permit granted by the Colorado Division of Minerals and Geology (Permit No. M-99-120) as well as a Weld County Special Use Permit (Permit No. USR-1255), as amended. C. A slurry wall has been constructed around initial mining area. A slurry wall will be constructed around the remaining portions of the mining areas before they are mined. D. Aurora is a shareholder in the Lupton Bottom Ditch and has a carriage agreement to convey non-share water through the ditch. E. The first cell has been tested by the State Engineer's Office in the S1/2 NW1/4, Section 30, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado, and certified on October 13, 2004 to comply with that office's design standards. (7 pages) 2003CW200 EAST CHERRY CREEK VALLEY WATER AND SANITATION DISTRICT, (“ECCV” or the “District”) 6201 S. Gun Club Road, Aurora, CO 80016 (303) 693-3800; (c/o William B. Tourtillott, Brian M. Nazarenus, Sheela S. Stack, RYLEY CARLOCK & APPLEWHITE, 1999 Broadway, Suite 1800, Denver, CO 80202), FIRST AMENDED APPLICATION FOR QUANTIFICATION OF WATER RIGHTS, APPROVAL OF PLAN FOR AUGMENTATION AND APPROPRIATIVE RIGHT OF EXCHANGE, IN ARAPAHOE COUNTY. 2. Introduction. ECCV filed its application in this Case No. 03CW200 on April 30, 2003 (the “Original Application”). The Original Application sought the adjudication of a plan for augmentation and appropriative right of exchange, as well as a judicial determination of the amount and timing of irrigation return flows attributable to the use of ECCV’s nontributary ground water rights in the West Toll Gate Creek and East Toll Gate Creek basins and their tributaries. Since the Original Application was filed, ECCV has acquired substantial interests in other fully reusable water sources, in addition to its nontributary sources. It is anticipated that such other fully reusable water sources will become an increasingly large part of ECCV’s water supplies. The Original Application was limited to nontributary sources, however. This Amended Application adds ECCV’s other reusable sources as sources of supply for the irrigation return flows to be quantified in this case and makes minor corrections to the descriptions of ECCV’s nontributary water sources. This Amended Application also requests approval for ECCV to divert its irrigation return flows from additional surface water diversion facilities. As provided in the Original Application, ECCV proposes to use its irrigation return flow rights by (1) direct diversion and reuse; (2) augmentation of District wells that divert from Piney Creek and Cherry Creek; and (3) exchange. A map showing the general location of ECCV’s service area in the Toll Gate Creek drainage basin is attached as Exhibit A. Because the Original Application explicitly referred to nontributary sources as the source of supply throughout its contents, this Amended Application completely replaces the Original Application, instead of amending specific paragraphs only. 3. Sources of Irrigation Return Flows. The water that is the subject of this application includes return flows from irrigation of lawns, parks, open spaces, school grounds, golf courses, and spillage from Denver Basin non-tributary ground water rights and other fully consumable sources owned, controlled, or claimed by ECCV. All such water may be fully consumed by ECCV by use, reuse, and successive use pursuant to the applicable decrees and C.R.S. § 37-82-106, except in those instances in which 2% is required to be relinquished to the stream. A. Nontributary Sources.

WATER COURT CASE NUMBERS AVERAGE ANNUAL WITHDRAWAL (AF) DAWSON DENVER ARAPAHOE L-F HILLS

85CW054 (79CW177) 374 84CW397 (79CW179) 134 83CW083 (W-7683)1 2402 1745 81CW427 285.442 227.142 500 190 85CW196 (79CW260),85CW196(A)1

62 54 127 70

84CW153 (W-9420) 290 325.9

WATER COURT CASE NUMBERS AVERAGE ANNUAL WITHDRAWAL (AF) DAWSON DENVER ARAPAHOE L-F HILLS

83CW329 (W-9211 & W-9212) 1 129 132

80CW330(A)1 237 167

85CW1711 96

83CW3305 4000

86CW0581 883 444

84CW2901 74 46

85CW172(A)1 41 33

88CW0161 31 18 86CW314 (79CW041) 22 35.18 84CW616 (79CW041) 70 120 89CW166 (W-9433) 196 290 84CW186 (79CW176) 160 79CW253 95 59 287 129 85CW053 (79CW178) 180 94CW0071 128.3 93.6

99CW1611, 6 453 10.63 273.1 99CW163 1700 99CW1644 132 1490 617

1 Decree requires 2% of withdrawals to be relinquished to the stream system. 2 Amount shown is less than decreed entitlement because 33.56 acre feet per year in Dawson

Aquifer and 25.86 acre feet per year in Denver Aquifer attributable to the NE1/4 of Section 12, T5S, R66W, 6th P.M., were conveyed to Lowry Environmental Protection/Cleanup Trust Fund and are subject to a covenant that prevents ECCV from using such water in an augmentation or reuse plan. 3 Lower Arapahoe Aquifer.

4 2% relinquishment required on 121 a.f. of Arapahoe Aquifer water decreed in Case No. 85CW111.

5 Pursuant to an agreement dated July 8, 1983 (including any amendments) between ECCV and OAR, Inc. 6 Decree requires 2% of withdrawals to be relinquished to the stream system for Arapahoe and Laramie-Fox Hills Aquifers only. A judicially approved augmentation plan must govern withdrawals from the Denver Aquifer.

B. Other Sources. Any and all additional water rights with the rights of reuse in which ECCV has an interest or acquires an interest in the future that are used within the ECCV municipal water supply system. 4. Description of Structures to Divert and Recapture Reusable Irrigation Return Flows: A. Foxhill Park Diversion: 1. Legal Description: The Foxhill Park diversion structure will be located on West Toll Gate Creek approximately 1,550 feet from the South section line and 100 feet from the West section line in the NW1/4 of the SW1/4 of Section 11, Township 5 South, Range 66 West of the 6th P.M. 2. Diversion Rate: 2.0 c.f.s. B. Pioneer Park Diversion: 1. Legal Description: The Pioneer Park diversion structure will be located on West Toll Gate Creek approximately 2,750 feet from the South section line and 1,450 feet from the East section line in the SW1/4 of the NE1/4 of Section 14, Township 5 South, Range 66 West of the 6th P.M. 2. Diversion Rate: 1.2 c.f.s. C. Spring Creek Park Diversion: 1. Legal Description: The Spring Creek Park diversion structure will be located on a tributary to West Toll Gate Creek approximately 100 feet from the North section line and 1,250 feet from the West section line in the

NW1/4 of the NW1/4 of Section 11, Township 5 South, Range 66 West of the 6th P.M. 2. Diversion Rate: 2.6 c.f.s. D. East Toll Gate Creek Diversion: 1. Legal Description: The East Toll Gate Creek diversion structure will be located approximately 100 feet from the North section line and 1,000 feet from the East section line in the NE1/4 of the NE1/4 of Section 12, Township 5 South, Range 66 West of the 6th P.M. 2. Diversion Rate: 0.8 c.f.s. E. Other Surface Diversion Facilities. In addition to the diversion facilities located on East and West Toll Gate Creek and their tributaries described in paragraphs 4(A) through (D) above, ECCV also seeks a determination that it shall not be required to obtain a further decree to divert its reusable irrigation return flows quantified in this case at any locations on Toll Gate Creek, Sand Creek, or the South Platte River downstream of the accrual of those reusable irrigation return flows. The Division Engineer or Water Commissioner may conduct all such deliveries downstream, under continuous live stream conditions, to the required diversion location without diversion by intervening water rights. The Water Commissioner shall assess appropriate transit losses for the conveyance of irrigation return flows to the downstream point of diversion. A map depicting the ECCV service area within the Toll Gate Creek drainage basin and the structures described above is attached as Exhibit B. 5. Description of Structures to be Augmented: A. District Alluvial Well CC-10: 1. Legal Description: Located in the NW1/4 of the NE1/4 of Section 19, Township 5 South, Range 66 West of the 6th P.M., at a point approximately 1,125 feet from the North Section line and 2,305 feet from the East Section line of said Section 19. 2. Diversion Rate: 1,000 gpm. 3. Decree Information: Decreed by the Division No. 1 Water Court on February 26, 1999 in Case No. 86CW380, with an appropriation date of November 13, 1986. B. District Alluvial Well CC-12: 1. Legal Description: Located in the NW1/4 of the NE1/4 of Section 19, Township 5 South, Range 66 West of the 6th P.M., at a point approximately 725 feet from the North Section line and 2,020 feet from the East Section line of said Section 19. 2. Diversion Rate: 1,000 gpm. 3. Decree Information: Decreed by the Division No. 1 Water Court on February 26, 1999 in Case No. 86CW380, with an appropriation date of November 13, 1986. C. District Alluvial Well CC-15: 1. Legal Description: Located in the NW1/4 of the NE1/4 of Section 19, Township 5 South, Range 66 West of the 6th P.M., at a point approximately 45 feet from the North Section line and 2,350 feet from the East Section line of said Section 19. 2. Diversion Rate: 1,000 gpm. 3. Decree Information: Decreed by the Division No. 1 Water Court on February 26, 1999 in Case No. 86CW380, with an appropriation date of November 13, 1986. D. Piney Creek Well No. 1: 1. Legal Description: Located in the SE1/4 of the SW1/4 of Section 17, Township 5 South, Range 66 West of the 6th P.M., at a point 400 feet from the South section line and 1,500 feet from the West section line of said Section 17. 2. Diversion Rate: 500 gpm. 3. Decree Information: Decreed by the Division No. 1 Water Court on April 13, 1992 in Case No. 88CW054(A), with an appropriation date of March 31, 1988. E. Piney Creek Well No. 2: 1. Legal Description: Located in the SW1/4 of the SW1/4 of Section 16, Township 5 South, Range 66 West of the 6th P.M., at a point 150 feet from the South section line and 400 fee from the West section line of said Section 16. 2. Diversion Rate: 500 gpm. 3. Decree Information: Decreed by the Division No. 1 Water Court on April 13, 1992 in Case No. 88CW054(A), with an appropriation date of March 31, 1988. F. Piney Creek Well No. 3: 1. Legal Description: Located in the SW1/4 of the NW1/4 of Section 22, Township 5 South, Range 66 West of the 6th P.M., at a point 2,350 feet from the North section line and 300 feet from the West section line of said Section 22. 2. Diversion Rate: 500 gpm 3. Decree Information: Decreed by the Division No. 1 Water Court on April 13, 1992 in Case No. 88CW054(A), with an appropriation date of March 31, 1988. G. Piney Creek Well No. 4: 1. Legal Description: Located in the SW1/4 of the SE1/4 of Section 23, Township 5 South, Range 66 West of the 6th P.M., at a point 100 feet from the South section line and 2,500 feet from the East section line of said Section 23. 2. Diversion Rate: 500 gpm. 3. Decree Information: Decreed by the Division No. 1 Water Court on April 13, 1992 in Case No. 88CW054(A), with an appropriation date of March 31, 1988. H. Piney Creek Well No. 6: 1. Legal Description: Located in the SE1/4 of the SW1/4 of Section 17, Township 5 South, Range 66 West of the 6th P.M., at a point 2,530 feet from the West section line and 200 feet from the South section line of said Section 17. 2. Diversion Rate: 500 gpm. 3. Decree Information: Decreed by the Division No. 1 Water Court on April 13, 1992 in Case No. 88CW054(A), with an appropriation date of March 31, 1988. I. Piney Creek Well No. 7: 1. Legal Description:

Located in the SW1/4 of the SW1/4 of Section 23, Township 5 South, Range 66 West of the 6th P.M., at a point 700 feet from the West section line and 1,025 feet from the South section line of said Section 23. 2. Diversion Rate: 500 gpm. 3. Decree Information: Decreed by the Division No. 1 Water Court on April 13, 1992 in Case No. 88CW054(A), with an appropriation date of March 31, 1988. A map depicting the Piney Creek and Cherry Creek Wells is attached as Exhibit C. 6. Description of Augmentation Plan: A. Initial Irrigation with Reusable Sources. ECCV estimates that approximately 1,200 acres of land within the District in the East and West Toll Gate Creek Basins and their tributaries will be irrigated with reusable water sources listed in paragraph 3, above. Because there are almost no alluvial sand deposits in the stream channels of East and West Toll Gate Creeks within the District boundaries, irrigation return flows from the District’s reusable sources accrue to East and West Toll Gate Creeks as surface flows within the reaches of those streams located within the District Boundaries. B. Quantities of Reusable Return Flows. 1. Existing Reusable Return Flows. The District estimates that the existing average annual amount of lawn irrigation return flows is 700 acre-feet in the West Toll Gate Creek basin. 2. Estimated Return Flows at Build Out. ECCV estimates that when the East and West Toll Gate Creek basins are fully built-out, there will be approximately 16,000 single-family equivalent taps (“SFE’s”). Based on the District’s lawn irrigation return flow data in Piney Creek, ECCV estimates that future lawn irrigation return flows in the Toll Gate Creek basin from 16,000 SFE’s, together with irrigation of parks, open spaces, school grounds, and golf course, will be approximately 1,000 acre-feet per year. C. Operation of Augmentation Plan. 1. The District will recapture and divert an amount of water equal to the amount of irrigation return flows derived from reusable sources accruing to East and West Toll Gate Creeks and their tributaries. ECCV shall use the Cottonwood Curve methodology to quantify those irrigation return flows. Diversion of said return flows from the diversion structures described in paragraph 4, above, shall be limited to times when there are surface flows attributable to ECCV’s irrigation return flows in East and/or West Toll Gate Creeks, as applicable. The timing and rate of these diversions shall be such that no material injury will be experienced by holders or users of vested or decreed conditional water rights. 2. Irrigation return flows accruing to East and West Toll Gate Creeks and their tributaries as surface flows may be diverted and measured through one or more of the structures described above in paragraphs 4(A) through (E). Alternatively, the District may transport the Toll Gate Creek basin recaptured return flows into Piney Creek via a pipeline where they will be used as a replacement source to augment diversions on Cherry Creek and Piney Creek through the structures listed above in paragraph 5. 3. Toll Gate Creek is a tributary to Sand Creek, which is a tributary to the South Platte River. When there is a live stream along the entire length of the stream from the District to the South Platte River, the District may elect to leave its East and West Toll Gate Creek reusable return flows in the stream and deliver them to the South Platte River for direct diversion at additional locations, as described in paragraph 4(E) for reuse in ECCV’s municipal system. 4. The District may beneficially use its reusable irrigation return flows accruing to East and West Toll Gate Creeks, and the South Platte River, for all municipal purposes including, without limitation, irrigation, storage, augmentation and exchange. 7. Claim for Conditional Appropriative Right of Exchange. A. Description of Facilities Involved in Exchange. The facilities involved in the Piney Creek Exchange are as follows: 1. Foxhill Park Diversion Structure, described in paragraph 4(A), above. 2. Pioneer Park Diversion Structure, described in paragraph 4(B), above. 3. Spring Creek Park Diversion Structure, described in paragraph 4(C), above. 4. East Toll Gate Creek Diversion Structure, described in paragraph 4(D), above. 5. Piney Creek Well No. 4, described in paragraph 5(G), above. 6. Piney Creek Well No. 7, described in paragraph 5(I), above. 7. Toll Gate Pipeline Outlet. The Toll Gate Pipeline Outlet will be located in the SW1/4 of the SW1/4 of Section 23, Township 5 South, Range 66 West of the 6th P.M. at a point 50 feet from the West section line and 850 from the South section line of said Section 23. B. Description of Piney Creek Exchange. The Piney Creek Exchange is a conditional appropriative right of exchange that will maximize the use of water owned by the District by enabling ECCV to use reusable irrigation return flows accruing in East and West Toll Gate Creeks as a source of substitute supply in exchange for diversions made through certain of the District’s Piney Creek alluvial wells. 1. Exchange Reach. The Piney Creek Exchange reach will be from the Toll Gate Creek Pipeline Outlet, upstream to Piney Creek

Well No. 4, and Piney Creek Well No. 7. See Exhibit C. As described in ECCV’s claim for an augmentation plan, nontributary irrigation return flows accruing to East and West Toll Gate Creeks will be diverted through one or more of the structures described in paragraphs 4(A) through (D). From there, ECCV will transport the return flows to Piney Creek via a pipeline which the District anticipates will be constructed within the Himalaya Street right of way (the “Toll Gate Creek Pipeline”). Return flows delivered to Piney Creek through the Toll Gate Creek Pipeline will be used to either augment diversions through the District’s wells located downstream of Himalaya Street, or as source of substitute supply in exchange for diversions made through Piney Creek Well Nos. 4 or 7, which are located upstream of Himalaya Street. 2. Rate of Exchange. The maximum rate of exchange for the Piney Creek Exchange is 2.23 cfs. 3. Source of Substitute Supply. The source of substitute supply for the Piney Creek Exchange will be reusable irrigation return flows attributable to ECCV’s water rights described in paragraph 3 above, that accrue to East and West Toll Gate Creeks and their tributaries. 4. Use of Exchanged Water. ECCV may use water diverted by exchange through Piney Creek Well Nos. 4, and 7 for all municipal purposes. 5. Appropriation Date. The appropriation date for the Piney Creek Exchange is April 22, 2003. 8. Owners of Land upon which Structures are Located. A. District Alluvial Wells CC-10, CC-12, and CC-15 are located on land owned by ECCV. B. Foxhill Park Diversion, Pioneer Park Diversion, Spring Creek Park Diversion, Open Space Park Diversion, East Toll Gate Creek Diversion, Piney Creek Well No. 1, Piney Creek Well No. 2, Piney Creek Well No. 3, Piney Creek Well No. 4, Piney Creek Well No. 6, Piney Creek Well No. 7, and Toll Gate Creek Pipeline Outlet, are located on land that is jointly owned by ECCV and the Arapahoe Park and Recreation District. The address for the Arapahoe Park and Recreation District is: Arapahoe Park and Recreation District, 16799 E. Lake Avenue, P.O. Box 3354, Centennial, CO 80015. 9. Relief Requested. WHEREFORE, ECCV requests that this Court enter a decree granting the amended application herein and awarding the requested augmentation plan and appropriative right of exchange, and specifically finding that: A. ECCV seeks the quantification of all of the above-described return flows. B. The District’s application, as amended, is approved to divert, reuse, and successively use for all municipal purposes, including without limitation, irrigation, storage, augmentation and exchange, the irrigation return flows accruing in the East and West Toll Gate Creek basins attributable to the ECCV’s reusable sources. C. ECCV’s amended application for a plan to use reusable irrigation return flows as a replacement source to augment out-of-priority depletions on Piney Creek and Cherry Creek, tributaries to the South Platte River, is approved. D. ECCV’s amended application is approved for a conditional appropriative right of exchange on Piney Creek as requested herein. E. For such other and further relief this Court deems just and proper. THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of MARCH 2012 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.