CASE NO. 05CW20(W-44) CHEROKEE METROPOLITAN DISTRICT,

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1 DISTRICT COURT, WATER DIVISION NO. 2, COLORADO RESUME OF CASES FILED DURING MARCH TO: ALL INTERESTED PARTIES Pursuant to C.R.S , you are hereby notified that the following is a resume of applications, and certain amendments, filed during March 2005, in Water Division No. 2. The names and addresses of applicants, description of water rights or conditional water rights involved and description of ruling sought as reflected by said applications, or amendments, are as follows: CASE NO. 05CW17 RAY and BETH MERRELL, 7654 Horse Creek Drive, Pueblo, CO Application for Underground Water Right Pueblo County 2. Name of well and permit, registration, or denial number: , 3. Legal description of well: Pueblo County, NE ¼ of the NE ¼ Section 32, Township 23 South, Range 65 West, 6 th P.M., 1275 feet from the North line and 600 feet from the East line. Street Address: 7654 Horse Creek Drive, Pueblo, CO Subdivision: Red Creek Ranch at Hatchet. Lot: #67, Filing A. Source: Ground Water. B. Depth: 440 feet. 5. A. Date of appropriation: March 13, B. How appropriation was initiated: Applied for well permit. C. Date water applied to beneficial use: April 29, Amount claimed: 15 gpm Absolute. 7. If well is non-tributary: N/A. 8. Proposed use: Fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns and the watering of domestic animals. Well Permit # Name and address of owner of property upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: N/A. (Application and attachments, 6 pages) CASE NO. 05CW18 COMPLAINT. This is a complaint and is simply being listed in the resume to account for the case number in consecutive order CASE NO. 05CW19 COMPLAINT. This is a complaint and is simply being listed in the resume to account for the case number in consecutive order CASE NO. 05CW20(W-44) CHEROKEE METROPOLITAN DISTRICT, 1335 Valley Street, Colorado Springs, CO (Peter M. Susemihl, Susemihl, McDermott & Cowan, P.C., Attorneys for Applicant, 660 Southpointe Court, Suite 210, Colorado Springs, CO 80906) Application for Sextennial Finding of Reasonable Diligence El Paso County 1

2 2. Name of structure: Cherokee Metropolitan District Water Supply System. 3. Describe conditional water right (as to each structure) giving the following from the Referee's Ruling, Judgment, and Decree: A. Decree: Cherokee Metropolitan District ("Cherokee") is the successor in interest to: -the 70% interest owned by Joseph M. Farmer, Edna I. Farmer, Farmer Pipeline Company, LLC, Daniel L. Farmer, Jerry R. Farmer, and Joseph M. Farmer, Jr. (collectively "the Farmers") in and to the after-described conditional water rights. -the 30% interest owned by Drieeeheid-Kapitaal, V.O.F. ("Drieeeheid") in and to the after-described conditional water rights. The interests of Farmers and Drieeeheid were obtained by assignment from Hydro Transfer, Inc. %Thomas S. Rhoades and Resolution Trust Corporation %David C. Unger the applicants in Case No. 88CW49. The conditional water rights which are the subject of this application were originally confirmed by judicial decree on April 28, 1972 in Case No by the Pueblo County District Court. This matter has come before the Court in Case Nos. 84CW48, 84CW55, 84CW59, 88CW49, and most recently in Case No. 98CW080. On May 6, 1992 this Court entered its Findings of Fact, Conclusions of Law, Judgment and Decree in Case No. 88CW49, finding that reasonable diligence had been exercised in the development of the conditional water rights that are the subject of this proceeding. That Decree required that an application for a finding of reasonable diligence be filed on or before May 31, 1998, and every six years thereafter. On March 8, 1999, this Court entered its Findings of Fact, Conclusions of Law, Judgment and Decree in Case No. 98CW080, finding that reasonable diligence had been exercised in the development of the conditional water rights that are the subject of this proceeding. That Decree required that an application for a finding of reasonable diligence be filed on or before March 31, 2005, and every six years thereafter. On December 16, 2003 in Case 00CW46(W-44) this Court entered a decree awarding an absolute water right to Sweetwater #1 (Cherokee Municipal Well # 13) at a decreed rate of flow of 1000 gallons per minute and 1268 acre feet annually. Cherokee also has pending an application to make absolute certain of the conditional decrees for Sweetwater No. 9 (Cherokee # 14), Sweetwater No. 8 (Cherokee # 15), and Sweetwater No. 3 (Cherokee # 16). The conditional water rights which are the subject of this application are underground water rights with points of diversion located within the boundaries of the Upper Black Squirrel Creek Designated Ground Water Basin ("Black Squirrel"). This Court, and not the Ground Water Commission has jurisdiction over this proceeding pursuant to the decision in Sweetwater Development Corp. v. Schubert Ranches, Inc., 188 Colo. 379, 535 P.2d 215 (1975). B. Location of Conditional Decrees: Legal Description, name of structure, priority number, priority date, and appropriation amount: Legal Description Priority No. Priority Date Amount Sweetwater No. 1 (Cherokee #13) June 6, cfs Located 50 feet east and 3,000 feet south of the NW corner of Section 24, T. 15 Sweetwater No June 6, cfs 2

3 (future Cherokee #18) Final Permit No FP Located 30 feet east and 30 feet south of the NW corner of Section 25, T. 15 Sweetwater No June 6, cfs (Cherokee #16) Located 3,500 feet east and 50 feet south of the NW corner of Section 35, T. 15 Sweetwater No Dec. 31, cfs Located 3,200 feet east and 3,000 feet south of the NW corner of Section 24, T. 15 Sweetwater No Dec. 31, cfs (Cherokee #15) Located 5,200 feet east and 50 feet south of the NW corner of Section 35, T. 15 Sweetwater No June 6, cfs (Cherokee #14) Located 100 feet north and 2,400 feet east of the SW corner of Section 23, T. 15 Sweetwater No Dec. 31, cfs (Cherokee #17) Located 50 feet north and 2,700 feet east of the SW corner of Section 35, T. 15 Sweetwater No July 14, cfs Located 700 feet north and 1,100 feet east of the SW corner of Section 23, T. 15 Sweetwater No Dec. 31, cfs Located 1,600 feet east and 2,500 feet south of the NW corner of Section 25, T. 15 Sweetwater No Dec. 31, cfs 3

4 Located 1,000 feet east and 50 feet south of the NW corner of Section 36, T. 15 All of which more fully appears in the matter of the adjudication of water rights for all beneficial purposes in Water Division #2, Irrigation District #14, State of Colorado, in Case No. Civil Action #53483, decree entered April 28, 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: Cherokee has developed other conditional water rights in Black Squirrel which conditional water rights were first decreed in this Court in Case No. B and most recently Decreed on June 28, 1998 in Consolidated Cases 94CW23(W-46), 95CW19(W-46), and 95CW150(W- 46). Since 1960 Cherokee has been the provider of a municipal supply of water to the citizens of Cimarron Hills on the easterly side of Colorado Springs, El Paso County, Colorado. Since November 1985 Cherokee has been the provider of a municipal supply of water to Falcon Air Force Base (Shriever Air Force Base). In December of 1986 Cherokee entered into an Intergovernmental Agreement with the Sunset Metropolitan District ("Sunset") whereby Cherokee would manage the water resources of Sunset. Cherokee continues to do this. The municipal boundaries of Sunset are located generally to the north of these conditional decrees within the boundaries of the Black Squirrel. Cherokee also serves water to Woodmen Hills Metropolitan District located within the boundaries of the Black Squirrel Basin. It is the intention of Cherokee to make use of the conditional water rights in this application to serve Sunset, the existing boundaries of Cherokee, and Shriever Air Force Base. During 1998 Cherokee has purchased 100% of the interest in these conditional decrees. Cherokee has extended its pipeline, and constructed a municipal well at Sweetwater No. 1 (Cherokee #13), Sweetwater No. 9 (Cherokee #14), Sweetwater No. 8 (Cherokee #15, and Sweetwater No. #3 (Cherokee #16) all of which are now connected to the Cherokee system. Cherokee has also drilled a series of 5 test holes at various Sweetwater locations. Cherokee has drilled a well at Sweetwater #11 (Cherokee #17) but the well is not in service at this time. Cherokee has also embarked on a plan to close three wastewater treatment plants (one of which has already been closed) and consolidate the three plants into one large wastewater treatment plant and return both Black Squirrel return flows and other Denver Basin return flows to the Basin at a recharge site located at the Sweetwater decrees in the southern portion of the Basin. In order to put these conditional decrees to beneficial use, Cherokee has expended $2,853,045 in addition to the cost of water acquisition. These expenditures are summarized on the sheets attached to the Application. All exhibits mentioned herein are incorporated by reference and may be inspected at the office of the Clerk of this Court. Detailed records of the expenditures made by the Applicant are available for inspection at the offices of Cherokee Metropolitan District. (Application and attachments, 8 pages)

5 CASE NO. 05CW21 EUSTICE ZACHER, th Lane, Pueblo, CO (Cory B. TenBrink, Attorney for Applicant, 306 West 13 th Street, Pueblo, CO 81003) Application for Water Storage Rights; Application for Approval of Plan for Augmentation Pueblo County I. APPLICATION FOR WATER STORAGE RIGHTS. 1. Name of Reservoirs: Pond Nos. 1, 2 and A. Location of Ponds: Pond No. 1 is in Lot 2 of the NW1/4 NE1/4 Section 1, T. 21 S., R. 64 W., 6 th P.M., in Pueblo County, Colorado. Ponds Nos. 2 and 3 are in Lot 3 of the NE1/4 NW1/4 Section 1, T. 21 S., R. 64 W., 6 th P.M. B. If off-channel: These off-channel reservoirs are fed by seepage. 3. Source: seepage tributary to the Arkansas River. 4. A. Date of appropriation: December 31, B. How appropriation was initiated: construction of all three ponds. C. Date water applied to beneficial use: December 31, Amount claimed: A. in acre feet: Pond No acre feet (estimated), absolute; Pond No acre feet (estimated), Absolute; Pond No acre feet (estimated), absolute. If off-channel, rate of diversion in cfs for filling the reservoirs: not known. 6. Use: Recreational and piscatorial uses. 7. Surface area of high waterline, maximum height of dam in feet, length of dam in feet, total capacity of reservoir in acre feet, active and dead capacity: Pond No. Surface area (acres) Maximum height of dam (feet) Length of dam (feet) Total capacity (acre feet) Active and dead storage Pond No < 10 Unknown 3.92 All active Pond No < 10 Unknown 1.82 All active Pond No < 10 Unknown 5.39 All active Capacities of the ponds are based on estimated average depth of seven feet. Capacities may be subject to revision based on additional information. 8. Name and address of owner of land: Applicant. II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. 9. Names of structures to be augmented: Pond Nos. 1, 2 and 3. No other water rights are diverted from these structures. 10. Previous decree(s) for water rights to be used for augmentation: Any and all water decrees owned by the Twin Lakes Reservoir and Canal Company. 11. Historic use: Irrigation, domestic, municipal, some industrial, well augmentation as well as any beneficial use. 12. Statement of Plan for augmentation: Pond filling: Based on an assumed average annual depth of seven feet, Applicant s ponds have total capacity of acre feet. Applicant denies emptying and re-filling these ponds subsequent to the free river conditions which existed in 1999, but will purchase enough water to cover a one-time fill, plus any transit losses assessed by the State Engineer. If possible, this water will be replaced to the Arkansas River where it crosses between Sections 35 and 36, T. 21 S., R. 64 W., 6 th P.M. ( augmentation location ) prior to March 31, Applicant s ponds have total surface area of 1.59 acres. Net evaporation is calculated at 52 inches annually, resulting in annual evaporation of acre feet annually. Applicant has entered into a ten (10) year lease for 8.1 shares of water of the Twin Lakes Reservoir and Canal Company from the Lower Arkansas Valley Water Conservancy District. Twin Lakes Reservoir and Canal Company will release fully consumable return flows 5

6 from the Twin Lakes Reservoir to the Arkansas River, and secondarily, to the Otero pipeline, from which location transit losses will be assessed to the augmentation location by the Division Engineer, to replace out-of-priority evaporation. Applicant desires a decree allowing this plan for augmentation to run in perpetuity so long as Applicant can secure water to replace the 8.1 shares of Twin Lakes Reservoir and Canal Company leased from the Lower Arkansas Valley Water Conservancy District. 13. Names and addresses of owners of the land on which structures are or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: The ponds are located on Applicant s property. The reservoir which contains the augmentation water are all on land owned by the Twin Lakes Reservoir and Canal Company, c/o Mr. Allen Ringle, P. O. Box 8, 331 Main Street, Ordway, Colorado 81063, telephone number In accordance with the Bylaws of the Twin Lakes Reservoir and Canal Company, the following conditions shall govern the use of Twin Lakes shares in this plan: A. No later than thirty (30) days after entry of a decree, the stock certificate for the shares of stock of the Twin Lakes Reservoir and Canal Company involved in this augmentation plan shall be delivered to the Secretary of the Company to be legended as required by the Bylaws of the Twin Lakes Reservoir and Canal Company. B. No share of stock of the Twin Lakes Reservoir and Canal Company that is included in this augmentation plan shall be sold or transferred, except to a designated successor to applicant herein that certifies to the Twin Lakes Reservoir and Canal Company that the stock, after transfer, shall continue to be held and used in accordance with the terms and conditions of this augmentation plan, without prior approval of the Court. C. The Twin Lakes Reservoir and Canal Company is not required bo make any delivery of water upon the shares of Twin Lakes Reservoir and Canal Company stock included in this augmentation plan except in accordance with the provisions of its Articles of Incorporation and Bylaws, and such delivery shall be subject to all of the restrictions incorporated within those Articles and Bylaws. D. Jurisdiction shall be retained in this Court to approve any proposed sale or transfer of the shares of the Twin Lakes Reservoir and Canal Company stock included in this augmentation plan to any party other than a designated successor of the Applicant herein that certifies that the stock shall continue to be held and used in accordance with the terms and conditions of this augmentation plan; such jurisdiction shall be invoked by motion of the Applicant with notice to all parties and to the Twin Lakes Reservoir and Canal Company. The Twin Lakes Reservoir and Canal Company will be notified that these shares of stock will be dedicated to this augmentation plan and the stock certificates will be legended by the Twin Lakes Reservoir and Canal Company with the name and court case number of this augmentation plan. (Application and attachments, 9 pages)

7 CASE NO. 05CW22 JERALD A. SEIFERT, P. O. Box 305, Westcliffe, CO Application for Change of Water Right Pueblo County 2. Decreed name of structure for which change is sought: James E. Smith Ditch. 3. From previous Decree: A. Date Entered: ; Case No.: CA 2756; Court:. B. Decreed point of diversion: In the SE ¼ of the NW ¼ of Sec. 10, T23S, R65W of the 6 th P.M. on the left bank of Greenhorn Creek and bears S26-30W, 1671 feet from the NW ¼ Corner of Section 10, T23S, R65W in Pueblo County, Colorado. C. Source: Greenhorn Creek. D. Appropriation Date: ; Amount: 3.5 cfs. E. Historic use: This right has historically been taken out at the physical location of the diversion point of the A.J. Lamb Ditch as shown by Water District 15 records (See Exhibit A ). All exhibits mentioned herein are incorporated by reference and may be inspected at the office of the Clerk of this Court. 4. Proposed change: Applicant proposes to change the diversion point of the James E. Smith to become one and the same as the A.J. Lamb Ditch (See Exhibit B ). If a change in point of diversion, please provide legal description: Pueblo County, NE ¼ of the SE ¼ Section 9, Township 23 South, Range 65 West, 6 th P.M., 2075 feet from the South line and 200 feet from the East line. See Exhibit C. 5. Names and addresses of owners of land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Gene Reno, 5330 Verde Road, Pueblo, CO 81004; Bernard Bredig and Ellen Hudran, 219 Prairie Avenue, Pueblo, CO (Application and attachments, 10 pages) CASE NO. 05CW23(97CW172) ARKANSAS RIVER RANCH HOMEOWNERS ASSOCIATION, INC., 1320 Pearl Street, #102, Boulder, CO (Timothy R. Buchanan, Attorney for Applicant, 7703 Ralston Road, Arvada, CO 80002) Application for a Finding of Reasonable Diligence Lake County The Applicant is also referred to in this application as Arkansas River Ranch L.L.C. Arkansas River Ranch Homeowners Association, Inc., is the successor in interest to Arkansas River Ranch L.L.C., and has continued development of the water rights referred to in this application. The references in this Application to action taken with respect to development of the water rights refer to actions taken by both Arkansas River Ranch, L.L.C. and Arkansas River Ranch Homeowners Association, Inc. Name of Structure: Arkansas River Ranch Upper Pond. Pursuant to the Decree entered by the District Court in and for Water Division No. 2 in Case No. 97CW172 on March 30, 1999, the following conditional water rights were decreed to the Arkansas River Ranch Upper Pond: Legal description of location of reservoir: The Pond will be located on the channel of Spring Creek, a tributary of the Arkansas River, in the SW1/4 of Section 35, Township 10 South, Range 80 West of the 6 th P.M. Date of initiation of appropriation: December 30, How appropriation was initiated: By 7

8 investigation of potential diversion structures. Amount claimed: A conditional water storage right for 10.0 acre feet, with the right to fill and refill. Use or proposed use: The water claimed herein will be used for recreation, fire protection, and fish and wildlife purposes. The water will be used for immediate application to beneficial use, for storage and subsequent application to beneficial use, and for replacement of depletions associated with the operation of the pond. The water will be fully consumed during the first use of the water. Water will also be diverted through the Reservoir for fish and wildlife enhancement and water quality improvement purposes. Surface area of high water line: Approximately 4.0 acres. Maximum height of dam: Less than ten (10) feet. Length of dam: Approximately 200 feet. Total capacity of reservoir: Ten (10) acre feet with zero (0.00) acre feet dead storage. Name of Structure: Arkansas River Ranch Lower Pond. Pursuant to the Decree entered by the District Court in and for Water Division No. 2 in Case No. 97CW172 on March 30, 1999, the following conditional water rights were decreed to the Arkansas River Ranch Lower Pond: Legal description of location of reservoir: The Pond will be located on the channel of Spring Creek, a tributary of the Arkansas River, in the SW1/4 of Section 35, Township 10 South, Range 80 West of the 6 th P.M. Date of initiation of appropriation: December 30, How appropriation was initiated: By investigation of potential diversion structures. Amount claimed: A conditional water storage right for 10.0 acre feet, with the right to fill and refill. Use or proposed use: The water claimed herein will be used for recreation, fire protection, and fish and wildlife purposes. The water will be used for immediate application to beneficial use, for storage and subsequent application to beneficial use, and for replacement of depletions associated with the operation of the pond. The water will be fully consumed during the first use of the water. Water will also be diverted through the Reservoir for fish and wildlife enhancement and water quality improvement purposes. Surface area of high water line: Approximately 4.0 acres. Maximum height of dam: Less than ten (10) feet. Length of dam: Approximately 200 feet. Total capacity of reservoir: Ten (10) acre feet with zero (0.00) acre feet dead storage. Name of Structure: Substitution and Exchange of Water Rights Pursuant to the Decree entered by the District Court in and for Water Division No. 2 in Case No. 97CW172 on March 30, 1999, the following water rights were decreed for substitution and exchange: Location: The upper end of the exchange reach is the Arkansas River Ranch Upper and Lower Ponds located on the channel of Spring Creek, a tributary of the Arkansas River, in the SW1/4 of Section 35, Township 10 South, Range 80 West of the 6 th P.M. The lower end of the exchange reach is the confluence of the outlet of Twin Lakes Reservoir on Lake Creek with the Arkansas River in the SW 1/4 of Section 24, Township 11 South, Range 80 West of the 6 th P.M Source: The following water rights will be substituted and exchanged for the water depleted from the Arkansas River pursuant to the plan for augmentation described in the Decree entered in Case No. 97CW172 on March 30, 1999: (a) the fully consumable portion of the Twin Lakes Water Rights; (b) the fully consumable portion of the After Acquired Water Rights; (c) at such times when the Arkansas River Ranch Upper Pond and Lower Pond water rights are out of priority and there are no 8

9 Twin Lakes Water Rights or After Acquired Water Rights available for release to the Arkansas River for replacement of depletions, the Arkansas River Ranch Upper Pond and Lower Pond water rights shall be released from the Arkansas River Ranch Upper Pond and Lower Pond into Spring Creek, a tributary of the Arkansas River, as necessary to replace the depletions associated with the operation of the ponds; (d) at such times when the Arkansas River Ranch Upper Pond and Lower Pond water rights are out of priority and there are Twin Lakes Water Rights or After Acquired Water Rights available and released to the Arkansas River, the Twin Lakes Water Rights or After Acquired Water Rights in the Arkansas River may be substituted and exchanged in priority for water diverted out of Spring Creek, a tributary of the Arkansas River Ranch Upper Pond and Lower Pond. Date of initiation of appropriation: December 30, 1997; How appropriation was initiated: By investigation of potential diversion structures; Amount: A conditional water exchange right for 1.0 c.f.s.; Use or proposed use: The water will be used for immediate application to beneficial use, for storage and subsequent application to beneficial use, and for replacement of depletions associated with the operation of the ponds. The water will be fully consumed during the first use of the water. Water will also be diverted through the Reservoir for fish and wildlife enhancement and water quality improvement purposes. Actions taken to demonstrate reasonable diligence: Since the entry of the decree in Case No. 97CW172, Arkansas River Ranch Homeowners Association, Inc. and Arkansas River Ranch, L.L.C. have undertaken numerous actions to develop the water rights that are the subject of this application. Actions that have been completed by Arkansas River Ranch Homeowners Association, Inc. and Arkansas River Ranch L.L.C. in developing the water rights include, but are not limited to, the following: Completion of structural improvements to the ponds described above, specifically initial excavation actions and purchase of diversion culverts. Expenditures of legal fees in conjunction with obtaining the required water rights for construction and use of the ponds. Construction of the ponds described above, specifically drainage works required for the use of the ponds. This involved constructing effective pond contours, diversion sites, and overflow areas. Excavation of a dam site, installed a dam, and placed rock and vegetation on dam to prevent erosion. Expenditures in excess of $36, on the continued development of the water rights that are the subject of this Application. Name and address of owner of land on which points of diversion and places of use are located: Arkansas River Ranch Homeowners Association, Inc., 1320 Pearl St. #102,Boulder, Colorado (Application, 6 pages)

10 CASE NO. 05CW24 ROBERT D. HILBORN AND KAREN L. HILBORN, CO- TRUSTEES OF THE KAREN L. HILBORN REVOCABLE LIVING TRUST DATED SEPTEMBER 25, 1992 AND ROBERT D. HILBORN AND KAREN L. HILBORN, CO-TRUSTEES OF THE ROBERT D. HILBORN REVOCABLE LIVING TRUST DATED SEPTEMBER 25, 1992, Holmes Road, Colorado Springs, CO (Henry D. Worley, MacDougall, Woldridge & Worley, Attorneys for Applicants, 530 Communication Circle, Suite 204, Colorado Springs, CO ) Application for Underground Water Rights and for Approval of Plan for Augmentation El Paso County 2. Names of wells and permit, registration, or denial numbers: Well permit no No other well permits have been applied for or issued. 3. Legal description of wells: at any location on Applicants approximately 17.6 acre property, the legal description of which is the south 594 feet of the SE1/4 NE1/4 Section 1, T. 12 S., R. 66 W., 6 th P.M., except the easterly 30 feet thereof, El Paso County, Colorado (the "Property"). The Property is located in the Monument Creek drainage. A map illustrating the location of the Property is attached to the Application as Figure 1. All exhibits mentioned herein are incorporated by reference and may be inspected at the office of the Clerk of this Court. Two additional wells in the Dawson aquifer, and all wells to be located in the Denver, Arapahoe and Laramie-Fox Hills aquifers, may be located anywhere on the Property. Applicants waive the 600 foot spacing requirement for all wells to be located on the Property. 4. Source: Not nontributary Dawson aquifer; not nontributary Denver aquifer; nontributary Arapahoe aquifer; nontributary Laramie- Fox Hills aquifer. 5.A. Date of appropriation: Not applicable. 5.B. How appropriation was initiated: Not applicable. 5.C. Date water applied to beneficial use: Not applicable. 6. Amount claimed: Dawson aquifer wells, 15 g.p.m., 12.7 acre feet annually combined, absolute, which amount includes the water allocated to well permit ; Denver aquifer, 150 gpm, 15.3 acre feet annually, absolute; Arapahoe aquifer, 150 gpm, 6.9 acre feet annually, absolute; Laramie-Fox Hills aquifer, 100 gpm, 5.0 acre feet annually, absolute. The water court will be asked to retain jurisdiction over such decree to enter a final determination of the amount of water available for appropriation from each aquifer based on geophysical logs for such wells. 7. Proposed use: Indoor domestic and commercial, landscape purposes including irrigation and decorative ponds and fountains, water amenities such as swimming pools and hot tubs, livestock water, fire fighting, augmentation. 8. Name and address of owner of land on which well is located: Applicants, whose address is set forth above. 9. Remarks: Applicants have given notice as required by C.R.S (2)(b) to Amstar Mortgage Company. A copy of the notice is attached to the application. II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. 10. Name of structures to be augmented: Three Dawson aquifer wells, one of which, permit no , is already constructed. No other water rights are or will be diverted from these wells. After entry of a decree in 10

11 this case, the Applicants shall seek a new well permit for the existing Dawson aquifer well, consistent with the terms of the plan for augmentation, and applicable statutes and rules. 11. Previous decrees for water rights to be used for augmentation: None. 12. Historic use: Not applicable. 13. Statement of plan for augmentation: Applicants intend to subdivide the Property into three lots. Water from well permit no and two additional Dawson wells will be used for the purposes set forth in paragraph 7. Water use criteria for the most likely uses are as follows: indoor uses acre feet annually per single family dwelling or commercial office structure, which is 10% consumptive; horses (or horse equivalents) - 10 gallons per head per day, acre feet annually per head; landscape uses acre feet annually per 1,000 square feet; hot tubs, approx. 1,000 gallons per year; swimming pools - approx. 0.1 acre foot per year. Consumption attributable to indoor home or office uses is predicated on the use of nonevaporative Individual Sewage Disposal Systems ( ISDS ). Change of the type of wastewater treatment to central sewage treatment with direct discharge to the Monument Creek drainage shall not require an amendment to this plan for augmentation, but change to any other type of waste water disposal shall require an amendment to the plan for augmentation. Applicants shall replace to the Arkansas River drainage the combined depletions to the South Platte and Arkansas basins, which are modeled to gradually increase to a maximum of 21.16% of pumping annually in the 300th year of pumping. Applicants will replace depletions during pumping with return flows from the ISDS, and will replace post-pumping depletions with the nontributary Arapahoe aquifer water decreed herein, which will be dedicated for that purpose. However, Applicants reserve the right to replace such depletions with any judicially acceptable source of augmentation water. Applicants further propose to aggregate all depletions and replace them to the Arkansas River drainage. Any final decree entered in this case shall provide that no more than 0.84 acre feet (273,715 gallons) per year may be diverted from each Dawson aquifer well absent an amendment to this plan for augmentation. Applicants will seek to consolidate the two water rights cases in Water Division 2, where the Property is located, after the time for filing statements of opposition has expired. (Application and attachments, 6 pages) CASE NO. 05CW25 CITY OF CRIPPLE CREEK, P. O. BOX 430, Cripple Creek, CO (Please refer all correspondence to James G. Felt, Felt, Monson & Culichia, LLC, Attorneys for Applicant, 319 North Weber Street, Colorado Springs, CO 80903) Application for Change of Water Right (Alternate Point of Diversion) Teller and Fremont Counties 2. Decreed name of structure: Johnson Ditch (First Enlargement) - alternate point of diversion - Gillette Well No. 5 (WB-2). 3. Previous Decree: A. Date entered: July 29, 2004, Case No. 92CW77, District Court, Water Division 2. B. Summary of 92CW77: (1) This decree approved a change of water right for the Johnson Ditch (First Enlargement), originally adjudicated in District Court, Fremont County on February 3, 1894 to municipal, domestic, mining and milling 11

12 uses for the cities of Cripple Creek, Victor and Cripple Creek Mountain Estates all located in Teller County, Colorado. The decree authorized 1.0 cfs to be diverted during the wintertime and 0.6 cfs during the summertime for those purposes from seven alternate points of diversion including five wells located in or near the old town site of Gillette. One of those alternate points of diversion was a proposed well to be drilled and identified as Gillette Well No. 5 (WB-2). (2) On September 10, 2004 the Office of the State Engineer issued to the City of Cripple Creek Well Permit No F permitting Gillette Well No. 5 at its decreed point of diversion that being 2360 feet south from the north section line and 2200 feet west from the east section line in the SW¼ NE¼, Section 9, Township 15 South, Range 69 West, 6 th P.M. (3) By late November, the City of Cripple Creek had awarded a bid for the drilling of Gillette Well No. 5 and on January 3, 2005 a test hole at the Well No. 5 location was drilled to determine the aquifer characteristics and anticipated production parameters. Analysis of that test hold data and recommendations from Cripple Creek s consulting engineers indicated that the currently decreed location of Gillette Well No. 5 was not satisfactory for a production municipal well. (4) A new location for Gillette Well No. 5 was chosen approximately 1900 feet north of the existing decreed location which location was permitted by the Office of the State Engineer as a monitoring well under permit no dated February 2, A test hole was drilled and it was determined that the production characteristics of the aquifer were satisfactory and a production well was completed at that location and tested on February 22 and 23, (5) The relocation of Gillette Well No. 5 is now approximately 1300 feet south of Applicant s Gillette Well No. 4 adjudicated also as an alternate point of diversion in Case No. 92CW77. There are no intervening water rights. All other findings, terms and conditions, conclusions of law and decree entered in Case No. 92CW77 are reaffirmed. C. Source: Alluvial waters tributary to the West Fork of West Beaver Creek, tributary to Beaver Creek, tributary to the Arkansas River. D. The appropriation date and amounts are as set forth in the decree in 92CW77. E. Historic use: Historic use findings for the Johnson Ditch were decreed in 92CW Proposed change: Applicant requests the legal description for Gillette Well No. 5 be modified as follows: In the NE¼ NW¼, Section 9, Township 15 South, Range 69 West, 6 th P.M., Teller County, Colorado being 300 feet from the north section line and 1950 feet from the west section line of said Section The land upon which Gillette Well No. 5 is now located is currently owned by Alpine Meadows, Inc., 409 N Main St. Ste. 306, Pueblo CO A map of the new location is attached to the Application as Exhibit A. All exhibits mentioned herein are incorporated by reference and may be inspected at the office of the Clerk of this Court. (Application and attachments, 5 pages)

13 CASE NO. 05CW26 FOREST RIDGE COMMUNITY CHURCH, c/o Tim Miller, Monument Hill Road, Monument, CO (Alan G. Hill, Tienken & Hill, LLP, Attorneys for Applicant, 726 Front Street, Suite B, P. O. Box 550, Louisville, CO 80027) Application for Underground Water Rights from Nontributary and Not Nontributary Sources and for Approval of a Plan for Augmentation El Paso County FIRST CLAIM FOR RELIEF (Underground Water Rights From the Not Nontributary Dawson Aquifer) 2. Names and legal description of wells: The wells which will withdraw groundwater from the not nontributary Dawson aquifer will be located at any location on approximately ten (10) acres of land in the SW1/4, Section 10, Township 11 South, Range 66 West of the 6th P.M., El Paso County, Colorado, more particularly described on Exhibit A attached to the Application and incorporated herein by this reference, ( Subject Property ). All exhibits mentioned herein are incorporated by reference and may be inspected at the office of the Clerk of this Court. Source: The not nontributary Dawson aquifer underlying the Subject Property. Full penetration of the Dawson aquifers, estimated to be approximately 900 feet. Date of appropriation: N/A Applicant requests the right to add additional wells at any location within the Subject Property. 3. Applicant is the owner of the Subject Property overlying a portion of the not nontributary Dawson groundwater claimed herein. Applicant requests that this court determine that applicant has the right to withdraw and use all of the unappropriated water lying below the Subject Property in the Dawson aquifer. 4. The best data currently available indicates that applicant can recover a maximum of 860 acre feet from the Dawson aquifer, with an annual maximum of 8.6 acre feet, based upon the hydrogeology of the aquifer and applicant's legal entitlement to all not nontributary water in the Dawson aquifer underlying the Subject Property. 5. Applicant requests that all of the wells in one aquifer, including any additional wells in that aquifer, shall be designated as a well field as defined by Statewide Nontributary Ground Water Rule 14, 2 CCR 402-7, and that the pumping rates for each well be allowed to exceed the nominal pumping rates set forth herein to the extent necessary to withdraw the full acre foot allocation of water from the Dawson aquifer. 6. Applicant requests the right to revise the estimate of available groundwater, based on new data made available, without the necessity of amending this application or republishing. Applicant may need to construct additional or replacement wells to recover the entire decreed amount of water in the Dawson aquifer. Applicant requests the right to construct such additional or replacement wells as are necessary in order to maintain production levels. 7. The annual withdrawal amounts for the Dawson aquifer, set forth above, was calculated based upon an aquifer life of 100 years in accordance with C.R.S (4)(b)(I) and equal one percent of the total amount of water recoverable from beneath the applicant's lands. However, applicant claims the right to withdraw more than the one percent withdrawal amount so long as the sum of the total withdrawals from all wells in each aquifer does not exceed the 13

14 product of the number of years since the date of issuance of the first well permit for a well in the aquifer, or the date of determination of rights to ground water from the Water Court, whichever occurs first, times the average annual amount of withdrawal. 8. Applicant requests that the court retain jurisdiction until such time as a sufficient number of wells have been drilled to provide the site specific information required by the rules and regulations. At that time the applicant will petition the court for a final determination of the amount of water that may be withdrawn based upon evidence of saturated sand thicknesses and specific yields as shown by wells logs. This petition may have the effect of revising the claims described herein either upward or downward, as the evidence indicates. 9. Proposed uses: Applicant intends to use, reuse, successively use and otherwise dispose of the water for all purposes, including domestic, agricultural, industrial, commercial, irrigation, stock watering, central supply, recreation, fish and wildlife and fire protection. The water will be produced for immediate application to said uses, for storage and subsequent application to said uses and for exchange. 10. The groundwater in the Dawson aquifer is not nontributary ground water as defined in C.R.S (10.5). Applicant seeks quantification of the ground water available in the not nontributary Dawson aquifers underlying the Subject Property and states that the water from this aquifer will only be used in conjunction with the judicial approval of a plan for augmentation to replace depletions caused by the pumping of the ground water, as required by C.R.S (9)(c). Approval of a plan for augmentation is sought in the Third Claim for Relief herein. 11. In compliance with C.R.S (2)(b), applicant shall supplement this application, with evidence that applicant has, within ten days after the filing of this application, given notice to every record owner of the overlying land and to every person who has a lien or mortgage on, or deed of trust to, the overlying land. SECOND CLAIM FOR RELIEF (Underground Water Rights From the Nontributary Denver, Arapahoe, and Laramie-Fox Hills Aquifers) 12. Names and legal description of wells: A. Denver aquifer (1) The wells which will withdraw groundwater from the nontributary Denver aquifer will be located at any location within the Subject Property. (2) Source: The nontributary Denver aquifer underlying the Subject Property. (3) Full penetration of the Denver aquifer, estimated to be approximately 1,700 feet. (4) Date of appropriation: N/A. (5) Applicant requests the right to add additional wells at any location within the Subject Property so long as the wells are at least 600 feet from other wells in the same aquifer owned by third parties. B. Arapahoe aquifer 1) The wells which will withdraw groundwater from the nontributary Arapahoe aquifer will be located at any location within the Subject Property. 2) Source: The nontributary Arapahoe aquifer underlying the Subject Property. 3) Full penetration of the Arapahoe aquifer, estimated to be approximately 2,200 feet. 4) Date of appropriation: N/A 5) Applicant requests the right to add additional wells at any location within the Subject Property so long as the wells are at least 600 feet from other wells in the same aquifer owned by third parties. C. Laramie-Fox Hills aquifer 1) The wells which will withdraw groundwater from the nontributary Laramie-Fox Hills aquifer will be located at any location within the 14

15 Subject Property. 2) Source: The nontributary Laramie-Fox Hills aquifer underlying the Subject Property. 3) Full penetration of the Laramie-Fox Hills aquifer, estimated to be approximately 3,000 feet. 4) Date of appropriation: N/A 5) Applicant requests the right to add additional wells at any location within the Subject Property so long as the wells are at least 600 feet from other wells in the same aquifer owned by third parties. 13. Applicant is the owner of the Subject Property the nontributary groundwater claimed herein. Applicant requests that this court determine that applicant has the right to withdraw and use all of the unappropriated water lying below the Subject Property in the Denver, Arapahoe and Laramie-Fox Hills aquifers. 14. The best data currently available indicates that applicant can recover a maximum of 940 acre feet from the Denver aquifer, with an annual maximum of 9.4 acre feet. 440 acre feet from the Arapahoe aquifer, with an annual maximum of 4.4 acre feet, and 320 acre feet from the Laramie-Fox Hills aquifer, with an annual maximum of 3.2 acre feet, based upon the hydrogeology of the aquifers and applicant's legal entitlement to all nontributary water in the Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property. 15. Applicant requests that all of the wells in one aquifer, including any additional wells in that aquifer shall be designated as a well field as defined by Statewide Nontributary Ground Water Rule 14, 2 CCR 402-7, and that the pumping rates for each well be allowed to exceed the nominal pumping rates set forth herein to the extent necessary to withdraw the full acre foot allocation of water from the Denver, Arapahoe and Laramie-Fox Hills aquifers. 16. Applicant requests the right to revise the estimate of available groundwater, based on new data made available, without the necessity of amending this application or republishing. Applicant may need to construct additional or replacement wells to recover the entire decreed amount of water in the Denver, Arapahoe and Laramie-Fox Hills aquifers. Applicant requests the right to construct such additional or replacement wells as are necessary in order to maintain production levels. 17. The annual withdrawal amounts for the Denver, Arapahoe and Laramie-Fox Hills aquifers, set forth above, were calculated based upon an aquifer life of 100 years in accordance with C.R.S (4)(b)(I) and equal one percent of the total amount of water recoverable from beneath the applicant's lands. However, applicant claims the right to withdraw more than the one percent withdrawal amount so long as the sum of the total withdrawals from all wells in each aquifer does not exceed the product of the number of years since the date of issuance of the first well permit for a well in the aquifer, or the date of determination of rights to ground water from the Water Court, whichever occurs first, times the average annual amount of withdrawal. 18. Applicant requests that the court retain jurisdiction until such time as a sufficient number of wells have been drilled to provide the site specific information required by the rules and regulations. At that time the applicant will petition the court for a final determination of the amount of water that may be withdrawn based upon evidence of saturated sand thicknesses and specific yields as shown by wells logs. This petition may have the effect of revising the claims described herein either upward or downward, as the evidence indicates. 19. Proposed uses: Applicant intends to use, reuse, successively use and 15

16 otherwise dispose of the water for all purposes, including domestic, agricultural, industrial, commercial, irrigation, stock watering, central supply, recreation, fish and wildlife and fire protection. The water will be produced for immediate application to said uses, for storage and subsequent application to said uses, for exchange, for replacement of depletions resulting from the use of the water from other sources, for relinquishment to the stream system pursuant to C.R.S (9)(b), and for all other augmentation purposes, including augmentation of "not nontributary" ground water diversions. 20. Applicant also requests confirmation of its right to use, reuse, successively use and otherwise dispose of all groundwater in the Denver, Arapahoe and Laramie-Fox Hills aquifers remaining after lawful consumption for the statutorily required 2% relinquishment. 21. In compliance with C.R.S (2)(b), applicant shall supplement this application, with evidence that applicant has, within ten days after the filing of this application, given notice to every record owner of the overlying land and to every person who has a lien or mortgage on, or deed of trust to, the overlying land. THIRD CLAIM FOR RELIEF (Approval of a Plan for Augmentation) 22. Water Rights to be Augmented: A. Applicant is entitled to develop 860 acre feet of groundwater in the not nontributary Dawson aquifer described in the First Claim for Relief herein. Accordingly, the maximum annual average entitlement of not nontributary groundwater owned by applicant in the Dawson aquifer is 8.6 acre feet. B. Judicial approval of a plan for augmentation is a condition precedent to the withdrawal of the Dawson aquifer groundwater claimed herein. Applicant seeks, in this application, approval of a plan for augmentation entitling applicant to withdraw its Dawson aquifer groundwater. 23. Water Rights to be Used for Augmentation: A. Applicant proposes to replace depletions caused during pumping with non-evaporative septic system return flows. These return flows, estimated to be a maximum of 7.5 acre feet per year during pumping exceed the amount of stream depletion, which is estimated to be a maximum of nine percent (9%) of Dawson aquifer pumping or 0.8 acre feet per year. B. Applicant is the owner of 940 acre feet of groundwater in the nontributary Denver aquifer, 440 acre feet of groundwater in the nontributary Arapahoe aquifer, and 320 acre feet of groundwater in the nontributary Laramie-Fox Hills aquifer claimed herein. Accordingly, the maximum annual average entitlement of nontributary groundwater owned by applicant in the Denver, Arapahoe and Laramie-Fox Hills aquifers is 17.0 acre feet. Applicant seeks to replace postpumping depletions that cause material injury with the nontributary Denver, Arapahoe and Laramie-Fox Hills groundwater claimed herein; however, applicant reserves the right to replace such depletions with any judicially acceptable source of augmentation water. 24. Statement of Plan for Augmentation: A. Applicant intends to use the Dawson aquifer wells to provide water for a church and culpable uses. Annual diversions of groundwater from the Dawson aquifer pursuant to the plan for augmentation pleaded herein will not exceed 8.6 acre feet. As currently proposed, irrigation of Applicants land would be limited to 5,000± square-feet requiring about 0.3 acre feet per year. The remaining water of 8.3 acre feet per year would be use in-house. B. Applicant has not determined the specific locations for all the wells required to withdraw 16