DISTRICT COURT, WATER DIVISION 1, COLORADO MARCH 2006 WATER RESUME

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1 1 DISTRICT COURT, WATER DIVISION 1, COLORADO MARCH 2006 WATER RESUME TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S , 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 MARCH 2006 for each County affected. 06CW66 DALE L. AND JEANETTE E. SMITH, 67 CR 17.7, Merino, CO Telephone: APPLICATION FOR WATER RIGHTS (SURFACE) IN LOGAN COUNTY. Name of structure: L F Draw and an unknown north easterly spring located in the E1/2, SW1/4, S33, T6N, R54W of the 6 th PM at a distance 800 feet from the south and 700 feet from the east. Street address: 67 CW17.7. Source: Tributary to South Platte River and L.F. Draw. Date of initiation of appropriation: How appropriation was initiated: Digging the diversion ditch. Date water applied to beneficial use: May 1, Amount claimed: 2 cfs absolute. Use: Irrigation, piscatorial use, water livestock and recreation. Number of acres historically irrigated: 15 acres. Proposed to be irrigated: 15 acres. Legal description of acreage: E1/2, SW1/4, S33, T6N, R54W of the 6 th PM. If non-irrigation, describe purpose fully: Piscatorial use, water livestock and recreation. Portion to be irrigated lying easterly of the LF Draw. 06CW67 WILLIAM AND TAMBRA KENNEDY, S. Silver Maple Road, Highlands Ranch, CO Telephone: APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Name of structure: Brock Spring. Date of original decree: March 29, 2000 in case 1998CW411, Water Division 1. Located in the SW1/4, SE1/4, S15, T11S, R75W of the 6 th PM. at a point approximately 500 feet North and 1500 feet West of the SE corner, Section 15, AKA Lot 47, Filing 84, South Park Ranches. Street address: 142 June Lane. Source: groundwater Appropriation date: Amount: cfs (15gpm). Use: Household use only and noncommercial domestic animals. Provide a detailed outline of what has been done toward completion: The spring has been dug out and access has been improved. 06CW68 PAUL AND DEBORAH JONCAS, 2133 Water Blossom Lane, Ft. Collins, CO Telephone: APPLICATION FOR UNDERGROUND WATER RIGHT IN LARIMER COUNTY. Structure: Household well, permit #75500 located in the NE1/4, NE1/4, S32, T10N, R73W of the 6 th PM at a distance 150 feet from the North and 700 feet from the East. Street address: 140 Piney Knolls. Subdivision: Piney Knolls at Red Feather, Lot 23. Source: Fractured Granite Bedrock. Depth: 182, Date of appropriation: May 7, How appropriation was initiated: Well test. Date water applied to beneficial use: May 7, Amount claimed: one gpm absolute. Describe purpose fully: Household use only. 06CW69 STEPHEN R. STRAUCH, PO Box 102, Black Hawk, CO Telephone: APPLICATION FOR UNDERGROUND WATER RIGHT IN GILPIN COUNTY. Structure: Well, permit located in the NW1/4, NE1/4, S2, T3S, R73Wof the 6 th PM at a distance 310 feet from the North and 2040 feet from the East. Street address: 792 Apex Valley Road. Subdivision: Kingdom of Gilpin Estate. Source: groundwater. Depth: 135 feet. Date of appropriation: 11/20/74. How appropriation was initiated: Applied for permit. Date water applied to beneficial use: 02/18/75. Amount claimed: 10 gpm absolute. Describe purpose fully: Household use only. 06CW70 ALAN M. AND POLLARD T. DAHMS, Six Carrie Court, Fort Morgan, CO Telephone: APPLICATION FOR WATER RIGHTS (SURFACE) IN

2 2 MORGAN COUNTY. Structure: Dahmstalton Pond located in the NE1/4, NE1/4, S26, T4N, R58W in the 6 th PM at a distance 30 feet from the North and 420 feet from the East. Street address: Morgan County Road 17 (rural Morgan County). Source: contiguous spring and associated pond. Date of initiation of appropriation: approximately How appropriation was initiated: unknown. Date water applied to beneficial use: N/A. Amount claimed: 29 gpm absolute. Proposed use: wildlife habitation, piscatorial sanctuary, natural native vegetation, recreation, water storage. If non-irrigation, describe purpose fully: No consumptive use. Amount of water leaving small pond flowing toward South Platte River equals amount of water entering pond from spring. Evaporation loss inconsequential. Pond surface is 14,055 sq. ft. (0.32 A.). Photograph, provided with application, taken in 1933 shows this pond surrounded by mature trees and other foliage at that time. Estimated 1913 date of initiation of appropriation. Pond unchanged since then. Alan Dahms measured the average 29 GPM flow through on four separate occasions (Feb. 9, 16, 23 and Mar. 2, 2006) using buckets collecting outflow for 15 seconds, then multiplying by 4 to get GPM and averaging the results of the four day s collections. 06CW71 (97CW373) City of Arvada, 8101 Ralston Road, Arvada, CO 80002, (720) (Steven P. Jeffers, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO , (303) ) APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN JEFFERSON COUNTY. 2. Name of structure: Arvada Reservoir Refill 3.Describe conditional water right (as to each structure): A) Date of original decree, case no. and court: The original decree for the Arvada Reservoir Refill was entered in Case No. 97CW373, District Court, Water Division 1, on March 22, The Arvada Reservoir was originally decreed in Case No. W on April 18, 1977 in the District Court, Water Division 1. B) Legal Description: Arvada Reservoir is located on Ralston Creek in the N1/2 and the NW1/4 of the SE1/4 of Section 3, Township 3 South, Range 70 West, and in the S1/2 of the SE1/4 of Section 34, Township 2 South, Range 70 West, 6 th P.M., Jefferson County, Colorado. The center line of the dam for Arvada Reservoir is described as follows: Commencing at the NE corner of Section 3, Township 3 South, Range 70 West, of the 6 th P.M., Jefferson County, Colorado; thence at an angle to the right of 17º34 59" from the East line of said Section 3, a distance of feet to the True Point of Beginning. Thence at a deflection angle to the right of 4º52 48", a distance of feet to a point of curvature; thence along a curve to the right, having a radius of feet, and delta of 26º07 37", a distance of feet to point of tangency; thence along the tangent of the before described curve, a distance of feet to the point of ending. A map showing the approximate location of Arvada Reservoir is attached as EXHIBIT A. Name and capacity of ditch used to fill reservoir and legal description of point of diversion: In addition to being filled from Ralston Creek, Arvada Reservoir is also filled from Clear Creek through the Croke Canal. The Clear Creek headgate of the Croke Canal is located on the north bank of Clear Creek in the NW1/4 of the NE1/4 of Section 26, Township 3 South, Range 70 West, 6 th P.M., Jefferson County, Colorado. The capacity of the Croke Canal is approximately 400 cfs. Water diverted from Clear Creek is carried down the Croke Canal and diverted out of the canal into Applicant s Croke Canal Pump Station located immediately south of Ralston Creek, and then pumped from the Croke Canal Pump Station up to Arvada Reservoir. C) Source: Ralston Creek and Clear Creek, which are tributaries of the South Platte River. D) Appropriation: i) Date: December 30, ii) Amount: 5,462 acre-feet per year cumulative from all sources for the uses describe in subparagraph E below, except reuse and successive use, acre-feet per year of which is ABSOLUTE from Ralston Creek, acre-feet per year is ABSOLUTE from Clear Creek, 5, acre-feet per year of which is CONDITIONAL from Ralston Creek and 5, acre-feet per year of which is CONDITIONAL from Clear Creek. The total amount of water decreed is limited to 5,462 acre-feet per year and the total amount diverted to storage in any one year cannot exceed 5,462 acre-feet from both Ralston Creek and

3 3 Clear Creek. Reuse and successive use shall be limited to 4,915.8 acre-feet per year from all sources for the uses described in subparagraph E, below, 4.8 acre-feet per year of which is ABSOLUTE and 4,911 acre-feet per year of which is CONDITIONAL. iii) Rate of Diversion: The rate of diversion for storage from Clear Creek is 50 cfs, of which cfs is absolute and cfs is CONDITIONAL. The rate of diversion or use for reuse and successive use is 15 cfs, of which 2.4 cfs is absolute and 12.6 cfs is CONDITIONAL. E) Uses: All municipal purposes including, without limitation, domestic, irrigation, commercial, industrial, manufacturing, fire fighting, aesthetic, recreational, fish and wildlife preservation and propagation, exchange, substitution, augmentation, replacement and recharge. Such uses include the right to make a fully consumptive first use of the water and the separate appropriation to reuse and successively use the water to extinction for the above described purposes. 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: The subject conditional water right is part of an integrated water system for the City of Arvada. Applicant claims diligence on that part of the water right not decreed absolute in Case No. 97CW373. In furtherance of the remaining conditional water right, Applicant has, during the subject diligence period, conducted the following work at a cost in excess of $5.8 million: A) Designed and constructed Arvada s Church Ditch Pump Station and Pipeline in 2000 to deliver water to Arvada Reservoir at a cost of approximately $1,500,000. B) Conducted engineering studies, and obtained permits for an enlargement of Arvada Reservoir during 2002, 2003 and 2004 at a cost of approximately $300,000. C) Awarded a contract and began construction of Arvada Reservoir spillway improvements in 2004 to increase storage capacity in the reservoir. Construction was completed on June 28, 2005 at a cost of over $4,000,000. D) Adjudicated water court cases including Case No. 2000CW235 for a change of water rights associated with Arvada s FRICO shares; Case No. 2001CW030 for diligence on the conditional water right for Arvada Reservoir/Tucker Lake Exchange; Case No. 2002CW012 for diligence on the conditional water right for Blunn Lake Reservoir Seepage Control System; Case No. 2004CW040 for diligence on Arvada Reservoir; Case No. 2004CW326 for Arvada s South Platte Reservoir; Case No. 2005CW09 for diligence on the conditional water right for the Highway 93 Lakes; and Case No. 2005CW112 for approval of a plan for augmentation, including changes of water rights and exchanges. E) Opposed numerous water court cases filed by others to protect from injury Applicant s water rights, including the subject conditional water right, and incurred legal and engineering expenses in defense of this water right. 5. If a claim to make absolute, water applied to beneficial use: NA. 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 Arvada Reservoir is located and upon which water will be stored, as well as the Arvada Croke Canal Pump Station. The Croke Canal is owned by: Farmers Reservoir and Irrigation Company, 80 South 27 th Avenue, Brighton, CO CW72 APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION REED HOLLOW, RANCH, LPA, Applicant, IN DOUGLAS COUNTY, 1. Name, address, and telephone number of Applicant: Reed Hollow Ranch, LPA, 441 Russellville Road, Franktown, CO 80116, (303) 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) , 2.Name of structures to be augmented: FRN Well #5 (Permit No FA); FRN Well #5 Supplemental Well (Permit No F); FRN Pond #1, and Von Osten Ditch, 3. Description of water rights to be augmented: A. FRN Well #5 (Well Permit No FA) and FRN Well #5 supplemental well (Permit No F), as decreed on August 25, 1975, in Case No. W-5422, District Court, Water

4 4 Division 1, for a rate of flow of 1.34 cfs (combined rate of flow for the two wells) for irrigation use, with appropriation date of June 3, The wells are generally located in the NW1/4SW1/4 of Section 12, T8S, R66W of the 6th P.M., whence the southwest corner of said Section 12, bears S 12 W, approximately 2700 feet. The source of the well is groundwater tributary to Russellville Gulch, a tributary of Cherry Creek. B. FRN Pond #1 (Well Permit No FA), as decreed on August 25, 1975, in Case No. W-5422, District Court, Water Division 1, for an annual amount of 8.6 acre-feet for irrigation use, with appropriation date of April 4, The pond is generally located in the SW1/4SW1/4 of Section 12, T8S, R66W of the 6th P.M., whence the southwest corner of said Section 12, bears S 20 W, approximately 1250 feet. The source of the pond is water tributary to Russellville Gulch, a tributary of Cherry Creek. C. Von Osten Ditch decreed on December 2, 1912, in District Court, Douglas County, for adjudication of water rights in Water District 8, with appropriation date of August 1, 1875, for a rate of flow of 1.65 cfs, for irrigation use. The source of the ditch is Russellville Gulch, a tributary of Cherry Creek, and the headgate of the ditch is located on the north bank of Russellville Gulch in the SW1/4 of Section 12, T8S, R66W of the 6th P.M., whence the southwest corner of said Section 12 bears S 37 W, approximately 2394 feet. 4. Water rights to be used for augmentation: Return flows from use of the subject water rights described above, and nontributary groundwater decreed in Case No. 93CW101, District Court, Water Division 1, and nontributary groundwater pending in Case No. 03CW212, District Court, Water Division 1. Applicant has an existing Arapahoe aquifer well completed as permitted in Well Permit No F, which is permitted for augmentation purposes. The well is located adjacent to Russellville Gulch in the NE1/4NE1/4 of Section 11, T8S, R66W of the 6th P.M. 5.Description of plan for augmentation: Under this plan for augmentation, Applicant will divert the subject water rights described in paragraph 3 above when said rights are out of priority for irrigation use. Said water will be used for irrigation of approximately 180 acres of land, generally located in the E1/2E1/2 of Section 11 and the W1/2 of Section 12, T8S, R66W of the 6th P.M., as shown on Attachment A hereto. To allow continued diversions from the water rights when they are not in priority, Applicant will replace the depletions during the out of priority period to Russellville Gulch, using direct discharge and water stored in storage sites located on Applicant's land for subsequent release of the nontributary groundwater described above in paragraph 4. Diversions and lagged depletions from the subject water rights can be properly accounted for and replaced. Evaporative losses associated with storage in the FRN Pond #1 will also be replaced. 6. Name of owner of land on which the structures are located: Applicant. 06CW73 KEVIN McCARTY, 2275 Alpine Sky Drive, Berthoud, CO Telephone: McCARTY LAND & WATER, 591 N. Denver, Loveland, CO Telephone: APPLICATION FOR FINDING OF DILIGENCE IN WELD COUNTY. Name of structure: McCarty Pumping Plant. Date of original decree: 04/03/2000 in case no. 99CW138 Water Division 1. Located: NE1/4, SE1/4, S21, T4N, R68W of the 6 th PM. at a distance 2275 feet from the South and 1105 feet from the East. Street address: 2275 Alpine Sky Drive, Berthoud, CO Subdivision: Little Thompson Valley Est., Lot 1. Source: Little Thompson river. Appropriation date: September 27, Amount: 1.8 cfs. Use: Irrigation on 55 acres together with water from other water rights. Outline of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed: A concrete pad was installed for the pump and motor. Underground pipe was installed to put a riser at the edge of the field. In-priority diversions were made each Spring in 1999, 2000 and The head cracked on the motor in 2001 and it has not been replaced due to generally poor prospects for this water right to be in priority ever since. 06CW74 CATHERINE M. CUNNINGHAM, 184 Wampum Lane SSD-1, Jefferson, CO APPLICATION FOR FINDING OF DILIGENCE AND TO MAKE ABSOLUTE IN PARK

5 5 COUNTY. Structure is a well, permit #58462-F. Date of original decree: in case no. 96CW331 in Water Division 1. Located: SE1/4, NE1/4, S22, T9S, R75W of the 6 th PM. at a distance 1425 feet from the North and 255 feet from the East. Street address: 184 Wampum Lane, Jefferson, CO Subdivision: Indian Mountain; Lot 46; Filing 7. Source: groundwater. Appropriation date: Amount: 1.2 gpm. Use: household. Depth: 480 feet. 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: Provided copies of pump installation and test report, well construction and test report, change in ownership, permit to construct well, well construction and test report and description of well use. Claim to make absolute. Water applied to beneficial use: Amount: 1.2 gpm. Use: household. Description of place of use where water is applied to beneficial use: 600 sq. ft. home, 1 brm and loft, 1 bathroom. 06CW75 TUPPER S. AND KARLA D. BRIGGS, 7522 S. Red Fox Dr., Evergreen, CO Telephone: APPLICATION FOR UNDERGROUND WATER RIGHT IN JEFFERSON COUNTY. Name of well: Briggs Well, permit # located in the NE1/4, NE1/4, S35, T5S, R71W of the 6 th PM at a distance 50 feet from the North and 1125 feet from the East. Street address: 7522 S. Red Fox Dr., Evergreen, CO Source: groundwater. Depth: 303 feet. Date of appropriation: How appropriation was initiated: applied for permit. Date water applied to beneficial use: Amount claimed: 5.5 gpm absolute. Proposed use: Approximately 1 acre total of lawn and garden irrigation. If non-irrigation, describe use fully: domestic use in a single family dwelling and ````watering of non-commercial domestic animals. 06CW76 VICKI MUNROE, E. Cherry Creek Road, Elbert, CO Telephone: APPLICATION TO FIND DILIGENCE AND TO MAKE ABSOLUTE IN DOUGLAS COUNTY. Name of well: Munroe Well, permit # Date of original decree: in case no. 99CW2 in Water Division 1. Located in the NE1/4, SW1/4, S9, T10S, R65W of the 6 th PM at a distance 2500 feet from the South and 2410 feet from the West. Street address: E. Cherry Creek Road, Elbert, CO Subdivision: Knight s Creek; Lot 16. Source: groundwater. Depth: 281 feet. Date of appropriation: How appropriation was initiated: filing for well permit. Date water applied to beneficial use: Amount claimed: 13 gpm absolute. If non-irrigation, describe use fully: Possible future use for two homes. Currently, used by livestock, domestic animals and residence (single family dwelling). Ruling of dictates domestic use in single family dwelling including irrigation on 1 acre and stock water, absolute. 06CW77 BAUERLY FAMILY TRUST, ARNOLD H. AND NANCY A. BAUERLY, JR N. Sycamore Ave., Fullerton, CA Telephone: APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Structure: Well. Date of original decree: in case no. 96CW438 in Water Division 1. Located: in the NW1/4, SW1/4, S14, T9S, R75W of the 6 th PM at a distance 1760 feet from the South and 1080 feet from the West. Street address: 270 Turk Pony Way. Subdivision: Indian Mountain, Lot 10, Filing 26. Source: groundwater. Appropriation date: Amount: cfs (15.0 gpm). Use: Household use only in a single family dwelling not including irrigation. Return flow-same stream system. 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: Plan to build home at some future date no well has been dug as yet. 06CW78 Demetrios C. Katsiaficas, 1390 Sheridan Boulevard, Denver, Colorado 80214, North Fork Associates, LLC and the Mountain Mutual Reservoir Company, 2525 South Wadsworth

6 Blvd., Suite 306, Denver, Colorado (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado ). APPLICATION FOR UNDERGROUND WATER RIGHTS, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT. IN PARK COUNTY. APPLICATION FOR UNDERGROUND WATER RIGHTS: 1. Names of Wells and Permit, Registration or Denial Numbers: Sunset Mountain Well No. 1 (Permit No ) and Sunset Mountain Well Nos Legal Descriptions of the Wells: Sunset Mountain Well No. 1 is located in the NW 1/4 SE 1/4 of Section 10, Township 7 South, Range 72 West, 6th P.M., Park County, Colorado, at a point approximately 2,210 feet from the South Section line and 2,100 feet from the East Section line of said Section 10. It can also be described as being on Tract B of the Lone Rock Survey. Note: The location of the well as described in Well Permit No is incorrect. Pursuant to Policy Memo No of the State Engineer, Demetrios C. Katsiaficas ("Katsiaficas"), requests conditional underground water rights for the Sunset Mountain Well Nos The exact locations of the wells will not be known until subdivision of the property described herein is approved by Park County. However, the wells can generally be described as being within the SE 1/4 of Section 10, Township 7 South, Range 72 West, 6th P.M., Park County, Colorado. 3.A. Source of Water: Ground water that is tributary to Roland Gulch and the North Fork of the South Platte River. 3.B. Depth of Sunset Mountain Well No. 1: 402 feet. Depth of Sunset Mountain Well Nos. 2-4: 800 feet, approximate. 4.A. Dates of Appropriation: Sunset Mountain Well No. 1: March 25, Sunset Mountain Well Nos. 2-4: March 24, B. How Appropriation was Initiated: Issuance of a well permit by the Colorado Division of Water Resources, construction of the well and the filing of this application. 4.C. Dates Water Applied to Beneficial Use: Sunset Mountain Well No. 1: April 14, Sunset Mountain Well Nos. 2-4: N/A. 5. Amounts Claimed: Sunset Mountain Well No. 1: 8 gallons per minute, Absolute, and 7 gallons per minute, Conditional. Sunset Mountain Well Nos. 2-4: 15 gallons per minute, Conditional for each well. 6. Uses: Domestic and ordinary household purposes, irrigation, stock watering and fire protection. 7. Name and Address of Owner of Land on which the Wells are or will be Located: Demetrios C. Katsiaficas, as described above. 8. Remarks: Upon approval of the plan for augmentation being requested, a new well permit application for the Sunset Mountain Well No. 1 will be submitted to the State Engineer, along with a request that Permit No be cancelled. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT: 1. Names of Structures to be Augmented: The Sunset Mountain Well Nos Water Rights to be Used for Augmentation Purposes. a. Katsiaficas has entered into a contract with North Fork Associates, LLC to purchase 8.4 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 8.4 shares represent the right to receive of an acre foot of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders. b. MMRC owns water rights decreed to the Parmalee Ditch No. 1, the Carruthers Ditch No. 2 and the Nickerson Ditch No. 2 ("Nickerson Ditch water rights"), portions of which will be used to replace the out-of-priority depletions from the Sunset Mountain Well Nos The Nickerson Ditch water rights have a priority date of May 1, 1867 and were decreed in the original adjudication for former Water District No. 23 by the Park County District Court on May 22, 1913 in Civil Action No Historically, the Nickerson Ditch water rights were diverted from Deer Creek at the headgate of the Nickerson Ditch No. 2 in the NW 1/4 SE 1/4 of Section 9, Township 7 South, Range 72 West, 6th P.M., Park County, Colorado. Such diversions no longer occur. The terms and conditions under which the Nickerson Ditch water rights are used for augmentation, replacement and storage purposes are described in the Decree entered by the District Court for Water Division 1 in Case No. 2000CW174, dated October 11, 2002, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the Decree in Case No. 2000CW174 for more detailed information. c. Consumable water stored in Maddox Reservoir and/or the Lower Sacramento Creek Reservoir No. 1 will be released to the stream system when the Nickerson Ditch water rights are out-of-priority. The Lower Sacramento Creek Reservoir No. 1 is 6

7 located in the NE 1/4 NW 1/4 of Section 32 and the SE 1/4 of Section 29, Township 9 South, Range 77 West, 6th P.M., Park County. It was originally decreed in Case No. W for domestic, municipal, commercial, industrial, irrigation, fish and wildlife propagation, recreational and all other beneficial purposes, including exchange to compensate for depletions in the South Platte River or its tributaries. Maddox Reservoir is located in the NE 1/4 SW 1/4 of Section 22, Township 7 South, Range 73 West, 6th P.M., Park County. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under C.R.S (9), 302(1)(2) and 305(8): a. Katsiaficas proposes to subdivide a tract of land consisting of approximately 38 acres into four residential lots. The property is located in the SE 1/4 of Section 10, Township 7 South, Range 72 West, 6th P.M., Park County, Colorado. The subject property is depicted on the attached Exhibit "A." The water supply for the lots will be obtained from the Sunshine Mountain Well Nos b. Wastewater from all in-building uses of water will be treated utilizing non-evaporative septic systems with soil absorption leach fields. Return flows will be to Roland Gulch. c. Based on prior engineering studies of similar residential subdivisions, it is assumed that the maximum average occupancy for each single family residence will be 3.5 persons per residence and that the per capita daily water usage will not exceed 80 gallons. The augmentation plan will also cover the irrigation of 2,000 square feet of lawn grass, or equivalent gardens, and the watering of eight horses. Gross irrigation requirements for lawn grass are anticipated to be no more than 1.25 acre feet of water per irrigated acre. Gross irrigation requirements for gardens are anticipated to be no more than 0.5 of an acre foot of water per irrigated acre. Water requirements for horses are assumed to be 10 gallons per animal per day. The total volume of water required for the subdivision is projected to be approximately 1.4 acre feet per year. d. Depletions associated with water which is used inside the single family residences will be based on a ten percent (10%) consumption factor. All of the water supplied to horses is assumed to be consumed. Consumption of lawn grass at this location is 1.0 acre foot per acre. Consumption of gardens is 0.4 of an acre foot per acre. The consumptive use for irrigation operations was determined using the SCS TR-21 modification to the Blaney Criddle consumptive use method with the Pochop elevation adjustment, and the Evergreen turf adjustment as outlined in a report prepared by Blatchley Associates, Inc. which is titled "Turf Irrigation in Mountainous Areas of Evergreen, Colorado." Maximum stream depletions, including any applicable stream transportation charges, are not anticipated to exceed of an acre foot per year. e. The required volume of augmentation water will be provided from the sources described in Paragraph No. 2, above. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration. f. Whenever possible, depletions to the stream system which occur during the period April 23 through October 31, inclusive, will be continuously augmented by MMRC forgoing the diversion of a portion of its Nickerson Ditch water rights. During times when the Nickerson Ditch water rights are not in priority and during the non irrigation season, depletions will be augmented by releasing water from Maddox Reservoir or the Lower Sacramento Creek Reservoir No. 1. Transportation charges from the point where water is released from MMRC's facilities to the stream system, to the point of depletion from the subject wells, will be computed on the basis of 0.13 percent per mile. g. Since the points of depletion associated with water use from the Sunshine Mountain Well Nos. 1-4 are on a side tributary of the South Platte River, Katsiaficas asserts an appropriative right of substitute supply and exchange pursuant to C.R.S and (1)(a). Water released from the MMRC facilities described herein will be carried in the stream channel to the confluence of Roland Gulch and the North Fork of the South Platte River, located in the NE 1/4 SE 1/4 of Section 30, Township 7 South, Range 71 West, 6th P.M. From there the water will be exchanged up Roland Gulch to the points of depletion from the wells in the NW 1/4 SE 1/4 of Section 10, Township 7 South, Range 72 West, 6th P.M. If water is released from the Lower Sacramento Creek Reservoir, the exchange will operate from the confluence of the North Fork of the South Platte River and the South Platte River in the SW 1/4 SE 1/4 of Section 25, Township 7 South, Range 70 West, 6th P.M.; thence up the North Fork of the 7

8 8 South Platte River to its confluence with Roland Gulch; and thence up Roland Gulch as above described. The exchange will operate to replace depletions to the flow of water in Roland Gulch and the North Fork of the South Platte River as the depletions occur. The exchange will be administered with a priority date of March 24, 2006, at a maximum flow rate of of a cubic foot per second. 4. Name and Address of Owner of Land on which New Structures will be Located: Structures described in Paragraph No. 1: Demetrios C. Katsiaficas, as described above. WHEREFORE, Katsiaficas requests the entry of a decree approving this Application, specifically determining that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights. Katsiaficas also requests a determination that the wells described herein can be operated without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. Katsiaficas further requests the entry of an Order directing the State Engineer to issue permits for the construction and use of the subject wells. (7 pages and one exhibit). 06CW79 Elk Creek Properties, LLC, 5670 Greenwood Plaza Blvd., #505, Englewood, Colorado 80111, North Fork Associates, LLC and the Mountain Mutual Reservoir Company, 2525 South Wadsworth Blvd., Suite 306, Denver, Colorado (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado ). APPLICATION FOR UNDERGROUND WATER RIGHTS, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT. IN JEFFERSON AND PARK COUNTIES. APPLICATION FOR UNDERGROUND WATER RIGHTS: 1. Names of Wells and Permit, Registration or Denial Numbers: Elk Creek Properties Well Nos Legal Descriptions of the Wells: Pursuant to Policy Memo No of the State Engineer, Elk Creek Properties, LLC ( Elk Creek Properties ), requests conditional underground water rights for the Elk Creek Properties Well Nos The exact locations of the wells will not be known until the subdivision of the property described herein is approved by Jefferson County. However, the wells can generally be described as being in the NE 1/4 SE 1/4 of Section 31 and the SW 1/4 of Section 32, Township 6 South; Section 5, the E 1/2 E 1/2 of Section 6 and Section 8, Township 7 South; all in Range 71 West, 6th P.M., Jefferson County, Colorado. 3.A. Source of Water: Ground water that is tributary to Elk Creek, Shattuck Gulch and the North Fork of the South Platte River. 3.B. Depth of all Wells: 800 feet, approximate. 4.A. Date of Appropriation: March 24, B. How Appropriation was Initiated: Survey of the property and the filing of this application. 4.C. Date Water Applied to Beneficial Use: N/A. 5. Amount Claimed: 15 gallons per minute, Conditional, for each well; provided, however, that Applicant requests the right to divert water at rates up to 30 gallons per minute from up to ten wells if production so warrants. 6. Uses: Domestic and ordinary household purposes, irrigation, stock watering, commercial, industrial and fire protection. 7. Names and Addresses of Owners of Land on which the Wells will be Located: Elk Creek Properties, as described above, and Shaffers Crossing Ranch, Inc East Ridge Trail Circle. Aurora, Colorado APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT: 1. Names of Structures to be Augmented: The Elk Creek Properties Well Nos Water Rights to be Used for Augmentation Purposes. a. Elk Creek Properties has entered into a contract with North Fork Associates, LLC to purchase 97.3 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 97.3 shares represent the right to receive acre feet of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders. b. MMRC owns water rights decreed to the Parmalee Ditch No. 1, the Carruthers Ditch No. 2 and the Nickerson Ditch No. 2 ("Nickerson Ditch water rights"), portions of which will be used to replace the out-of-priority depletions from the Elk Creek Properties Well Nos The Nickerson Ditch water rights have a priority date of May 1, 1867 and were decreed in the original adjudication for former Water District No. 23 by the Park County District Court on May 22, 1913 in Civil Action No Historically, the Nickerson Ditch water rights were diverted from Deer Creek at the headgate of the Nickerson Ditch No. 2 in the NW 1/4 SE 1/4 of Section 9,

9 Township 7 South, Range 72 West, 6th P.M., Park County, Colorado. Such diversions no longer occur. The terms and conditions under which the Nickerson Ditch water rights are used for augmentation, replacement and storage purposes are described in the Decree entered by the District Court for Water Division 1 in Case No. 2000CW174, dated October 11, 2002, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the Decree in Case No. 2000CW174 for more detailed information. c. Consumable water stored in Maddox Reservoir and/or the Lower Sacramento Creek Reservoir No. 1 will be released to the stream system when the Nickerson Ditch water rights are out-of-priority. The Lower Sacramento Creek Reservoir No. 1 is located in the NE 1/4 NW 1/4 of Section 32 and the SE 1/4 of Section 29, Township 9 South, Range 77 West, 6th P.M., Park County. It was originally decreed in Case No. W for domestic, municipal, commercial, industrial, irrigation, fish and wildlife propagation, recreational and all other beneficial purposes, including exchange to compensate for depletions in the South Platte River or its tributaries. Maddox Reservoir is located in the NE 1/4 SW 1/4 of Section 22, Township 7 South, Range 73 West, 6th P.M., Park County. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under C.R.S (9), 302(1)(2) and 305(8): a. Elk Creek Properties proposes to subdivide a tract of land consisting of approximately 787 acres into a mixed use residential and commercial development. The property is located in portions of the NE 1/4 SE 1/4 of Section 31 and the SW 1/4 of Section 32, Township 6 South; and Section 5, the E 1/2 E 1/2 of Section 6 and Section 8, Township 7 South; all in Range 71 West, 6th P.M., Jefferson County, Colorado. Current plans are to have single family residences, apartments and commercial buildings that will accommodate retail sales, general offices, restaurants, medical offices and self storage facilities. The subject property is depicted on the attached Exhibit "A." The water supply for the development will be obtained from the Elk Creek Properties Well Nos b. Wastewater from all in-building uses of water will be treated utilizing non-evaporative septic systems with soil absorption leach fields. The potential also exists that all or a portion of the wastewater may be treated using a central mechanical type wastewater treatment facility. Return flows will be to Elk Creek and Shattuck Gulch. c. Based on prior engineering studies of similar residential subdivisions, it is assumed that the maximum average occupancy for each single family residence will be 3.5 persons per residence and that the per capita daily water usage will not exceed 80 gallons. The augmentation plan will also cover the irrigation of lawn grass, gardens and similar greenbelt vegetation. A limited number of horses may be boarded within the development. Gross irrigation requirements for lawn grass are anticipated to be no more than 1.25 acre feet of water per irrigated acre. Gross irrigation requirements for gardens are anticipated to be no more than 0.5 of an acre foot of water per irrigated acre. Water requirements for horses are assumed to be 10 gallons per animal per day. Water may be used for purposes other than those described herein, provided that out-of-priority stream depletions attributable to diversions from the structures described in Paragraph No. 1 do not exceed the available volume of augmentation water. d. Depletions associated with water which is used inside buildings will be based on a ten percent (10%) consumption factor if wastewater is treated using septic tank leach field systems, and five percent (5%) if wastewater is treated using a mechanical type wastewater treatment facility. All water supplied to horses is assumed to be consumed. Consumption of lawn grass at this location is 1.0 acre foot per acre. Consumption of gardens is 0.4 of an acre foot per acre. The consumptive use for irrigation operations was determined using the SCS TR-21 modification to the Blaney Criddle consumptive use method with the Pochop elevation adjustment, and the Evergreen turf adjustment as outlined in a report prepared by Blatchley Associates, Inc. which is titled "Turf Irrigation in Mountainous Areas of Evergreen, Colorado." Maximum stream depletions, including any applicable stream transportation charges, are not anticipated to exceed 3.0 acre feet per year. Depletions during the irrigation season of six months will average 0.3 of an acre foot per month. Depletions during the remainder of the year will average 0.2 of an acre foot per month. e. The required volume of augmentation water will be provided from the sources described in Paragraph 9

10 No. 2, above. A portion of the MMRC water available to Elk Creek Properties may be stored in the Walker Reservoir Nos. 1, 2, 3 and 4 and the Krogh Pond. The Walker Reservoirs are located in Section 32, Township 6 South, Range 71 West, 6th P.M. The Krogh Pond is located in Section 5, Township 7 South, Range 71 West, 6th P.M. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration. f. Whenever possible, depletions to the stream system which occur during the period April 23 through October 31, inclusive, will be continuously augmented by MMRC forgoing the diversion of a portion of its Nickerson Ditch water rights. During times when the Nickerson Ditch water rights are not in priority and during the non irrigation season, depletions will be augmented by releasing water from Maddox Reservoir, the Lower Sacramento Creek Reservoir No. 1, the Walker Reservoirs or the Krogh Pond. Transportation charges from the point where water is released from MMRC's facilities to the stream system, to the point of depletion from the subject wells, will be computed on the basis of 0.13 percent per mile. g. Since the points of depletion associated with water use from the Elk Creek Properties Well Nos are on side tributaries of the North Fork of the South Platte River, Elk Creek Properties asserts an appropriative right of substitute supply and exchange pursuant to C.R.S and (1)(a). Water released from the MMRC facilities described herein will be carried in the stream channel to the confluence of Elk Creek and the North Fork of the South Platte River in the NE 1/4 SE 1/4 of Section 27, Township 7 South, Range 71 West, 6th P.M. One arm of the exchange shall extend from the confluence of Elk Creek and the North Fork of the South Platte River as above described; and thence up Elk Creek to the point of diversion for the Walker Reservoirs in the NW 1/4 SW 1/4 of Section 32, Township 6 South, Range 71 West, 6th P.M. A second arm of the exchange extends from the confluence of Elk Creek and the North Fork of the South Platte River as above described; thence up Elk Creek to its confluence with Shattuck Gulch in the SW 1/4 SW 1/4 of Section 9, Township 7 South, Range 71 West, 6th P.M.; and thence up Shattuck Gulch to the points of depletion from the subject wells in the SE 1/4 SE 1/4 of Section 8, Township 7 South, Range 71 West, 6th P.M. If water is released from the Lower Sacramento Creek Reservoir No. 1, the exchange will operate from the confluence of the North Fork of the South Platte River and the South Platte River in the SW 1/4 SE 1/4 of Section 25, Township 7 South, Range 70 West, 6th P.M.; thence up the North Fork of the South Platte River to its confluence with Elk Creek; and thence up Elk Creek and Shattuck Gulch as above described. The exchange will operate to replace depletions to the flow of water in Shattuck Gulch, Elk Creek and the North Fork of the South Platte River as the depletions occur and to store water in the Walker Reservoirs and Krogh Pond. The exchange will be administered with a priority date of March 24, 2006, at a maximum flow rate of 0.05 of a cubic foot per second. h. Elk Creek Properties, believes and asserts that depletions associated with the wells described herein, combined with depletions associated with other augmentation plans filed subsequent to 1984, that involve water operations in the Elk Creek basin that were not in existence as of 1984, will result in less than a one percent depletive effect on the instream flow water right held by the Colorado Water Conservation Board on Elk Creek that was decreed in Case No. 84CW Names and Addresses of Owners of Land on which New Structures will be Located: Structures described in Paragraph No. 1: Elk Creek Properties, LLC and Shaffers Crossing Ranch, Inc., as described above. WHEREFORE, Elk Creek Properties, LLC requests the entry of a decree approving this Application, specifically determining that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights. Elk Creek Properties, LLC also requests a determination that the wells described herein can be operated without curtailment so long as out-ofpriority stream depletions are replaced as proposed herein. Elk Creek Properties, LLC further requests the entry of an Order directing the State Engineer to issue permits for the construction and use of the subject wells. (7 pages and one exhibit). 10

11 11 06CW80. APPLICATION FOR APPROVAL OF WATER RIGHT AND PLAN FOR AUGMENTATION AND EXCHANGE KELLY AND CHANA GUY and MOUNTAIN MUTUAL RESERVOIR COMPANY; Applicants, IN JEFFERSON COUNTY, 1. Name, address, and telephone number of Applicants:Kelly and Chana Guy, County Highway 73, Conifer, CO 80433, (303) , North Fork Associates, LLC, Mountain Mutual Reservoir Company, 2525 S. Wadsworth Blvd., #306, Denver, CO 80227, (303) through their attorneys: Petrock & Fendel, P.C., Frederick A. Fendel, III; Atty. Reg. #10476, Carmen S. Hall, Atty. Reg. # 19985, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) , 2. Name of structure to be augmented: Guy Well No. 1 (Permit No ) which will be re-permitted to operate under this plan for augmentation, lying in the SE 1/4 NW 1/4, Section 14, Township 6 South, Range 71 West of the 6th P.M., 2480 feet from the North Section Line and 1600 feet from the West Section Line. The well is located on approximately 11 acres of land shown on Exhibit A ( Subject Property ). The source of the well is drainage of North Turkey Creek, tributary to Turkey Creek, tributary Bear Creek. 3. Water rights to be used for augmentation: A. Applicants have entered into a contract to purchase 3.0 shares of the capital stock of Mountain Mutual Reservoir Company ( MMRC ). The 3.0 shares represent the right to receive a firm annual yield of acre-feet of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders. In addition to the sources listed below, Applicants may substitute other lawful augmentation sources without amending this application, or giving additional notice. The sources of water from which these shares are derived are as follows:a. SODA LAKES RESERVOIRS NOS. 1 & 2, The Soda Lakes Reservoirs Nos. 1 and 2 located in Section 1, Township 5 South, Range 70 West, 6th P.M. in Jefferson County Colorado. The source of water is Bear Creek. MMRC owns 8.71 shares of the 400 shares issued and outstanding in the Soda Lakes Reservoir and Mineral Water Company (hereinafter "Soda Lakes"). The following water rights are decreed to Soda Lakes: Appropriation Amount Decree Date (Acre-Feet) 1935; Case No , Division No. 1 February 11, , ; Case No , Division No. 1 February 11, The waters are decreed for domestic, irrigation and municipal uses. B. HARRIMAN DITCH, The Harriman Ditch diverts water from Bear Creek and Turkey Creek. The Bear Creek headgate is located on the south bank of the Creek, in Section 2, Township 5 South, Range 70 West, 6th P.M., in Jefferson County. The Turkey Creek headgate is located on the south bank of the Creek, near the SW corner of Section 6, Township 5 South, Range 69 West, 6th P.M. Jefferson County. The following water rights are decreed to the Harriman Ditch: Appropriation Amount Decree Date Source (cfs) Case No. 6832, Arapahoe County District Court, Water Division 9 February 4, 1884 April 15, 1868 Turkey Creek March 16, 1869 Bear Creek 4.21 May 1, 1871 Bear Creek March 1, 1882 Bear Creek 6.82 The water rights are decreed for irrigation, domestic and municipal uses. MMRC owns 7.71 shares of 400 shares issued and outstanding in the Harriman Ditch Company., C. WARRIOR DITCH, The Warrior Ditch also diverts water from Bear Creek and Turkey Creek. The original points of diversion of the Warrior Ditch were changed by the District Water Court in Case No. W on May 22, 1979 to the present location of the Harriman Ditch headgates. The following water rights are decreed to the Warrior Ditch. Appropriation Amount

12 Decree Date Source (cfs) Case No. 6832, Arapahoe County District Court, Water Division 9 February 4, 1884 December 1, 1861 Bear Creek April 16, 1862 Turkey Creek 2.86 October 31, 1864 Bear Creek April 4, 1865 Bear Creek The water rights were originally decreed for irrigation uses. MMRC owns 2.0 shares of 160 shares issued and outstanding in the Warrior Ditch Company., D. MEADOWVIEW RESERVOIR, Meadowview Reservoir is located in the NE 1/4 SW 1/4 and the NW 1/4 SE 1/4 of Section 26, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado. The source is North Turkey Creek and water tributary to North Turkey Creek., The reservoir capacity is 50.8 acre-feet. Water in Meadowview Reservoir is for augmentation and replacement purposes as decreed before the District Court for Water Division 1 ( Water Court ), in Case Nos. 2001CW293 and 2001CW294 and pending in Case No. 94CW290; and E. FIRM YIELD OF PORT FOLIO, The firm yield of the portfolio of water rights and storage facilities owned by MMRC has been decreed by the Water Court in Case No. 2001CW293 to be 62.8 acre feet per year. Of this amount, 23.8 acre-feet of consumptive use water is available for augmentation plans in the Turkey Creek drainage basin and 39.0 acre-feet of consumptive use water is available for augmentation plans in the Bear Creek drainage basin. This total firm yield is represented by 2,000 shares of stock in MMRC., 4. Description of plan for augmentation: The Applicants propose to use water through the re-permitted Guy Well No. 1 for the following uses: in-house use with an average occupancy of 3.5 capita, 80 gallons-per-day-per capita and in-building use with an average daily diversion of 343 gallons per day for the operation of a commercial kennel of 90 dogs. Under this plan for augmentation and exchange, Applicants will divert the water rights subject to this plan when out of priority year-round. Applicants reserve the right to amend these uses without amending this application or republishing the same, provided depletions shall not increase. The estimated water requirement is 280 gallons per day for in-house uses with 10% consumption based on subsurface discharge from individual septic tank-soil absorption systems ( ac-ft replacement requirement under this plan), 20 gl/dy/cap for 2.5 employees with 10% consumption based on subsurface discharge from individual septic tank-soil absorption systems ( ac-ft replacement requirement under this plan), 90 quarts per day for dog population with 100% consumption (0.025 ac-ft replacement requirement under this plan), 6 gl/hd for dog grooming x 1,040 units with 10% consumption based on subsurface discharge from individual septic tank-soil absorption systems ( ac-ft replacement requirement under this plan), and 5.5 gal/run/dy x 50 units for kennel cleaning with 10% consumption based on subsurface discharge from individual septic tank-soil absorption systems ( ac-ft replacement requirement under this plan). To allow continued diversion of the water when not in priority, Applicants will return acre-foot per year of augmentation water from the sources described in Paragraph No. 3 above. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration., 5. For operation of this plan Applicants request one appropriative right of substitute supply and exchange pursuant to Sections and (1)(a), 10 C.R.S. From the confluence of Bear Creek and Turkey Creek in the NE 1/4 NW 1/4, Section 5, Township 4 South, Range 69 West up Turkey Creek to the confluence of North Turkey Creek in the NW 1/4 NW 1/4, Section 27, Township 5 South, Range 70 West; thence up North Turkey Creek to the confluence of North Turkey Creek and an unnamed creek in the NW 1/4 NW 1/4, Section 14, Township 6 South, Range 71 West, thence up the unnamed creek to the point of depletions in the SE 1/4 NW 1/4, Section 14, Township 6 South, Range 71 West, 6th P.M. The exchange will be administered with a priority date of March 30, 2006, at an average rate of flow of cfs, subject to aggregation., REQUEST FOR WATER RIGHT, 6. Name and 12