05CW020 THE PEOPLE OF COLORADO

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1 DISTRICT COURT, WATER DIVISION 1, COLORADO FEBRUARY 2005 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 FEBRUARY, 2005 for each County affected. 05CW020 THE PEOPLE OF COLORADO, ex rel. Harold D. Simpson, State Engineer for the State of Colorado, and James R. Hall, Division Engineer for Water Division 1 v. Defendant: J. Jim Eckardt, VERIFIED COMPLAINT FOR INJUNCTIVE RELIEF, COSTS AND PENALTY. 05CW021 THE PEOPLE OF COLORADO, ex rel. Harold D. Simpson, State Engineer for the State of Colorado, and James R. Hall, Division Engineer for Water Division 1 v. Defendant: Michael E. Gittlein, VERIFIED COMPLAINT FOR INJUNCTIVE RELIEF, COSTS AND PENALTY. 05CW022 DAVID BIEBEL, Snyder Avenue, Conifer, CO ( ). APPLICATION FOR UNDERGROUND WATER RIGHT, IN JEFFERSON COUNTY. 2. Name of well: GW-1, Well Permit # Legal description of well: SW 1/4 SW 1/4 of Sec 12, T6S, R71W of 6 th PM in Jefferson County. Distance from section lines: 90 ft from S, and 200 ft from E. Street address: Snyder Ave., Conifer, CO Subdivision: Aspen Park, Lot 9, 10, and 11, Blk 36, Filing Unit 3. 4.A. Source: Groundwater. B. Depth: 172 ft. 5.A. Date of appropriation: December 6, B. How appropriation was initiated: Applied for permit. C. Date water applied to beneficial use: December 8, Amount claimed: 7 gpm, ABSOLUTE. 8. Describe non-irrigation purpose: Household use only single family dwelling. 9. Name and address of owner: Applicant. 05CW023 CITY OF STERLING, Joseph D. Kiolbasa, City Manager, P.O. Box 4000, Sterling, CO (970) c/o David Jankowski, th St Ste 500, Denver CO 80202, phone ; Application For Water Rights and Approval of Plan for Augmentation, IN LOGAN, WASHINGTON AND MORGAN COUNTIES. David F. Jankowski, Jason V. Turner, White & Jankowski, LLP, 511 Sixteenth Street, #500, Denver, Colorado 80202, (303) ). 1. Application for water rights: Sterling requests a decree confirming conditional water rights for Sterling Ethanol Well Nos. 1 and 2 ( Ethanol Wells ) a. Legal description of the well location: i. Ethanol Well No. 1 located in the NW ¼, NE ¼, Section 28, T8N, R52W of the 6 th PM, Logan County Colorado, 1,585 ft west of the east section line and 1,320 ft south of the north section line of Section 28. ii. Ethanol Well No. 2 located in the NW ¼, NE ¼, Section 28, T8N, R52W of the 6 th PM, Logan County Colorado, 1,610 ft west of the east section line and 1,360 ft south of the north section line of Section 28. b. Source: Alluvial groundwater tributary to the South Platte River. c. Amount: 1.65 c.f.s., (740 gpm), for each of the Ethanol Wells, conditional. d. Date of appropriation: October 26, The appropriation was initiated upon the decision of the City of Sterling to provide water to Colorado Agri Products, LLC and/or Sterling Ethanol, LLC, as evidenced by passing City of Sterling Ordinance No. 27, 2004, as further evidenced by the Agreement for Water entered into between the City of Sterling and Colorado Agri Products, LLC and/or Sterling Ethanol, LLC. e. Uses: All municipal uses, including, but not limited to, domestic, manufacturing, industrial, cooling, commercial, and fire protection. Sterling may divert, store and use the water directly, by and for exchange, augmentation, substitution, replacement or otherwise, as may be appropriate to maximize its lawful use. 2. Application for water right: Sterling requests a decree confirming a conditional water right for the Sterling Ethanol Excavation Pit ( Excavation Pit ). a. Legal description of the Excavation Pit: E ½, NE ¼, Section 28, T8N, R52W, of the 6 th PM, Logan County February 2005 Resume Page 1 of 50

2 Colorado, 1,150 ft south, of the northeast corner of Section 28. b. Source: Alluvial groundwater tributary to the South Platte River. c. Amount: 5.60 acre-feet/yr. d. Date of appropriation: Same as 2(d) above. e. Uses: Piscatorial, wildlife, and recreation. 3. Application for water right: Sterling requests a decree confirming a conditional water right to use existing Sterling Well No. 14 ( Well No. 14 ) for augmentation and replacement purposes. a. Legal description of the well location: NE ¼, SW ¼, Section 32, T8N, R52W of the 6 th PM, Logan County Colorado, 2210 feet north and, 1511 feet east, of the southwest corner of Section 32. b. Source: Alluvial groundwater tributary to the South Platte River. c. Amount: c.f.s., (1,200 gpm). d. Date of appropriation: Same as 2(d) above. e. Use: All municipal uses, including but not limited to, domestic, manufacturing, industrial, commercial, institutional, power generation, mechanical, fire protection, sewage treatment, street sprinkling, watering of parks, lawns, gardens, and other public spaces, municipal irrigation, recreation, piscatorial, wildlife preservation, aesthetic purposes, exchange, augmentation, substitution, and replacement. 4. Application for approval of plan for augmentation ( Plan for Augmentation ). a. Introduction: Sterling is the owner of the Ethanol Wells, Sterling Well No. 14, the Excavation Pit and the water rights identified in this application. The water from the Ethanol Wells will be used to supply the construction, processing and manufacturing needs necessary for an ethanol distilling operation. To provide for construction materials and to prepare the site for the plant Sterling Ethanol plans to construct an excavation pit ( Excavation Pit ) from which material will be excavated. By this application, Sterling seeks approval of a plan for augmentation to replace depletions from the Ethanol Wells, use of Sterling Well No. 14, as an augmentation well, and the Excavation Pit. b. Places of Diversion Under Plan for Augmentation: i. Ethanol Well Nos. 1 and 2 at the locations described at paragraph 2 above. ii. Excavation Pit at the location described in paragraph 3 above. iii. Sterling Well No. 14 at the location described in paragraph 4 above. c. Water rights to be used as substitute supply for Plan for Augmentation: Sterling will use the following water rights to replace depletions herein, in accordance with the previously decreed terms and conditions. i. Water Rights changed to augmentation and replacement in Consolidated Cases No. 98CW450 and 00CW253, December 30, 2003, Water Court Division 1. (1) Sterling Irrigation Company: Sterling is the owner of shares of the Sterling Irrigation Company, which comprise 9.1% of the total of 1,290 shares of the Sterling Irrigation Company. The Sterling Irrigation Company Shares were originally decreed in C.A. 304, November 15, 1894, in the District Court in and for Logan County. (a) Source: South Platte River. (b) Date of appropriation: July 15, (c) Point of diversion: The decreed headgate location is on the South Platte River in NW¼, section 19, T7N, R52W, 6th P.M., Logan County, Colorado. (d) Amount: 175 c.f.s., reduced by later decree to c.f.s., in C.A. 764, District Court in and for Logan County, March 17, 1905.(2) Farmers Pawnee Canal Company: Sterling is the owner of 10 shares of the Farmers Pawnee Canal Company, which comprise 2.0% of the total of 500 shares of the Farmers Pawnee Canal Company. Originally decreed in C.A. 304, November 15, 1894, District Court in and for Logan County. (a) Source: South Platte River. (b) Point of diversion: On the north side of the South Platte River at a point bearing south 60 17' east, 2,803 feet from the section corner of sections 22, 23, 26 and 27, T6N, R54W, 6th P.M., Logan County, Colorado. (c) Amount and date of appropriation: 67 c.f.s., with appropriation date of September 17, 1873, reduced by later decree to 14.4 c.f.s., in C.A. 767, District Court in and for Logan County, March 29, c.f.s., with appropriation date of June 22, 1882, reduced by later decree to 126 c.f.s., in C.A. 767, District Court in and for Logan County, March 29, (3) Springdale Ditch Company: Sterling is the owner of 14 shares of the Springdale Ditch Company, which comprise 1.75% of the total of 800 shares of the Springdale Ditch Company. Originally decreed in C.A. 304, November 15, 1894, District Court in and for Logan County. (a) Source: South Platte River. (b) Date of appropriation: July 19, (c) Point of diversion: On the South Platte River in NW1/4 NW 1/4, section 35, T7N, R53W, 6th P.M., Logan County Colorado. (d) Amount: 62.5 c.f.s. (4) Sterling No. 2 Ditch: Sterling is the owner of 4 shares of the Sterling No. 2 Ditch Company, which shares comprise 6.7% of the total of 59.5 shares of the Sterling No. 2 Ditch Company. Originally decreed in C.A. 304, November 15, 1894, District Court in and for Logan County. Sterling changed the point of diversion, place of use and type of use of its four shares in February 2005 Resume Page 2 of 50

3 the Sterling No. 2 Ditch Company in Case No. W , decreed on June 29, 1981 and Consolidated Cases No. 98CW450 and 00CW253, December 30, 2003, Water Court, Division 1. (a) Source: South Platte River. (b) Date of appropriation: June 17, (c) Point of diversion: On the north bank of the South Platte River in NE 1/4 SE 1/4, section 5, T7N, R52W, 6th P.M., Logan County, Colorado. (d) Amount: 50.0 c.f.s. (5) Morgan-Prewitt Reservoir Company: Sterling is the owner of two shares of the Morgan-Prewitt Reservoir Company, which comprise 0.7% of the total of 261 shares of the Morgan- Prewitt Reservoir Company, which is the owner of 6/31 of the water rights decreed to Prewitt Reservoir. Originally decreed in C.A. 2142, January 5, 1922, District Court in and for Weld County. Decreed for refill in C.A , October 18, 1965, District Court in and for Weld County. (a) Source: South Platte River. (b) Decreed location of place of storage and inlet canal: Prewitt Reservoir is located in portions of sections 1 and 2 and 10 through 15, T5N, R54W, 6th P.M., and portions of sections 5 through 7, T5N, R53W, 6th P.M., Washington County, Colorado, and on 15 acres in SE 1/4 SE 1/4, section 36, T6N, R54W, 6th P.M., on 60 acres in SW 1/4 and 5 acres in SW 1/4 SE 1/4, section 31, T6N, R53W, 6th P.M., Logan County, Colorado. The headgate of the inlet is decreed to be located on the east bank of the South Platte River in the SW¼, section 24, T5N, R55W, 6th P.M., Morgan County, Colorado. (c) Amount and appropriation date: Original decree, 32,300 a.f., May 25, 1910; refill decree, 34,960 a.f., December 31, (6) Logan Irrigation District: Sterling is the owner of 54 acre rights of the Logan Irrigation District, a quasi-municipal district under Colorado law. The Logan Irrigation District is the owner of 17/31 of the water rights decreed to Prewitt Reservoir. The water rights under which the Logan Irrigation District receives its water are those identified in paragraph 5(c)(i)(5), above. (7) The Henderson-Smith Water Rights: Sterling is the owner of the Henderson-Smith Ditch and the water rights adjudicated to the ditch. These water rights are collectively referred to as the Henderson-Smith Water Rights. Originally decreed in C.A. 304, November 15, 1894, District Court in and for Logan County and C.A. 944, July 5, 1928, District Court in and for Logan County. (a) Source: South Platte River. (b) Date of appropriation: Original decree, November 30, 1880; Cole Extension decree, February 17, (c) Points of diversion: The original point of diversion was at the Henderson-Smith Ditch Headgate which is located on the South bank of the South Platte River in the NE 1/4 SE 1/4, section 33, T8N, R52W, 6 th P.M., Logan County, Colorado. The alternate points of diversion adjudicated in Consolidated Cases No. 98CW450 and 00CW253, December 30, 2003, Water Court, Division 1 are as follows: (i) Henderson-Smith Well No. 1, located in the SE 1/4 NE 1/4, Section 33, T8N, R52W of the 6th PM, Logan County, Colorado, 2,625 ft south and 300 ft west of the northeast section corner of Section 33. (ii) Henderson-Smith Well No. 2, located in the NW 1/4 NW 1/4, Section 34, T8N, R52W of the 6th PM, Logan County, Colorado, 725 ft south and 750 ft east of the northwest section corner of Section 34. (iii) Henderson-Smith Well No. 3 located in the NW 1/4 NW 1/4, Section 34, T8N, R52W, 6th P.M., Logan County, Colorado, 485 feet south and 815 feet east of the NW corner of said Section 34. (iv) Henderson-Smith Well No. 4 located in the NW 1/4 NW 1/4, Section 34, T8N, R52W, 6th P.M., Logan County, Colorado, 340 feet south and 840 feet east of the NW corner of said Section 34. (v) Henderson-Smith Well No. 5 located in the NW 1/4 NW 1/4, Section 34, T8N, R52W, 6th P.M., Logan County, Colorado, 375 feet south and 900 feet east from the NW corner of said Section 34. (vi) Henderson-Smith Well No. 6, located in the NW 1/4 SW 1/4, Section 27, T8N, R52W of the 6th PM, Logan County, Colorado, 2,100 ft north and 700 ft east of the southwest section corner of Section 27. (vii) Amount: Original decree: 12.5 c.f.s.; Cole Extension decree: 24 c.f.s. (8) Sterling Wastewater Recharge Storage System ("System"): decreed in Case No. W , Water Court, Water Division 1, March 31, 1981, for augmentation for municipal and other uses. (a) Source: South Platte River. (b) Date of appropriation: December 27, (c) Point of diversion, storage and recharge: (1) At the outfall of the Sterling Wastewater Treatment Plant, located in the NW 1/4 SE 1/4, section 12, T8N, R52W, 6th P.M., Logan County, Colorado, at a point approximately 1650 feet north and 1535 west of the southeast corner of section 12, (2) the Sterling Wastewater Recharge Reservoir, the surface component of which is located in E ½ NE ¼, of section 24, T8N, R52W, and in the W 1/2 NW 1/4 of section 19, T8N, R51W, 6 th P.M., Logan County, Colorado. (d) Amount: 3,500 a.f. ii. Water Rights decreed in Consolidated Cases No. 98CW450 and 00CW253 in Water Division 1: (1) February 2005 Resume Page 3 of 50

4 Pioneer Reservoir. (a) Legal Description of location of the Reservoir: The reservoir will be located in the SW 1/4 NE 1/4 of section 20, T8N, R52W, 6th P.M., Logan County, Colorado. (b) Date of appropriation: June 30, (c) Source: South Platte River and Pioneer Drainage Ditch, a tributary of the South Platte River. (d) Amount: 200 acre-feet, conditional. (2) Sterling Storage Reservoirs No. 1 and No. 2. (a) Legal Description of location of reservoirs: (i) Sterling Storage Reservoir No. 1 will be located in the SW 1/4 SW 1/4 of section 27, T8N, R52W, 6th P.M., Logan County, Colorado. (ii) Sterling Storage Reservoir No. 2 will be located in the NE 1/4 NW 1/4, section 27, T8N, R52W, 6th P.M., Logan County, Colorado. (b) Source: South Platte River. (c) Amount: (i) Sterling Storage Reservoir No. 1: 200 acre-feet, conditional. (ii) Sterling Storage Reservoir No. 2: 200 acre-feet, conditional. (d) Date of appropriation: June 30, (3) Sterling Recharge Sites No. 2-5: (a) Sterling Recharge Site No. 2 will be located in the NW 1/4 SE 1/4, section 22, T8N, R52W, 6th P.M., Logan County, Colorado. (b) Sterling Recharge Site No. 3 will be located in the SE 1/4 NE 1/4, section 22, T8N, R52W, 6th P.M., Logan County, Colorado. (c) Sterling Recharge Site No. 4 is located in the NE 1/4 SW 1/4, section 23, T8N, R52W, 6th P.M., Logan County, Colorado. (d) Sterling Recharge Site No. 5 will be located in the E 1/2 SE 1/4 NW 1/4 and the W 1/2 SW 1/4 NE 1/4, section 23, T8N, R52W, 6th P.M., Logan County, Colorado. (e) Source: South Platte River: (f) Amount: 3,000 A.F. (g) Date of appropriation: June 30, iii. Farmers Pawnee Canal Recharge Project: The portion of the water right adjudicated to the Farmers Pawnee Canal Company Recharge System in Case No. 95CW263 which Sterling owns or controls pursuant to its pro rata ownership in said company or otherwise. (1) Source: South Platte River. (2) Date of appropriation: December 22, (3) Point of Diversion: Headgate of the Farmers Pawnee Canal, NE ¼, Section 27, T6N, R54W, 6 th P.M., Logan County, Colorado. iv. Any portion of the water right adjudicated to the Springdale Ditch Company and Sterling Irrigation Company for recharge purposes, as applied for in Case No. 03CW209, which Sterling owns or controls, pursuant to its pro rata ownership in said company or otherwise. v. Water rights for augmentation from the use of Sterling Well No. 14, as applied for in this application. vi. Sterling will also use as substitute supplies any other water rights or sources of water from the South Platte River that Sterling is authorized to use for such purposes. d. Description of Plan for Augmentation: i. Sterling is a municipal corporation, which supplies water for various municipal, industrial, and other uses through its well system. Sterling proposes to construct and operate those wells identified in paragraph 5(b) above for the purposes described in this application. ii. The purpose of the Ethanol Wells 1 and 2 is to provide for the processing and manufacturing water needed for the construction and operation of an ethanol distillery. The entire amount of the water pumped from the Sterling Ethanol Wells will not be consumed in the processing and manufacturing operation of the ethanol distillery. The unconsumed water will be returned to the South Platte River through a storm sewer pipe owned and maintained by Sterling. The location of this return is in the NW 1/4, NW 1/4 of Section 27, T8N, R52W, of the 6 th PM, Logan County Colorado, 900 ft south and 460 ft E of the northwest corner of Section 27. Use of water produced by the Ethanol Wells is estimated to cause depletions to the South Platte River in an amount not to exceed 500 a.f. annually. iii. There will be evaporation associated with the groundwater exposed in the Excavation Pit. The planned maximum exposed surface area of the pit is 2 acres, according to the site plans provided by Sterling Ethanol. The net evaporation rate for the pit is 2.79 feet/yr per acre and is distributed monthly as decreed in Case No. 00CW253. These values are based upon gross evaporation from NOAA NWS 33, An Evaporation Atlas for the Contiguous 48 United States, less an effective precipitation rate at the Sterling weather station. The net annual evaporation is distributed monthly according to the General Guidelines for Substitute Water Supply Plans for Sand and Gravel Pits. The net monthly evaporation rate will be multiplied by the surface area to determine the monthly net evaporation volume from the pit. Until such time as the pit has been surveyed and a stage-area curve has been established, the maximum surface are of 2.0 acres will be used as the exposed surface area. After such a survey has been completed, the evaporation will be replaced based on the surface area of exposed groundwater in the pit. iv. Sterling Well No. 14, will be used in conjunction with Sterling s other decreed sources of augmentation to replace out-of-priority depletions caused by the pumping of the Ethanol Wells, Sterling s municipal well system and the February 2005 Resume Page 4 of 50

5 Excavation Pit and other depletions and return flows from operation of Sterling s water rights. v. Each of the Ethanol Wells, the Excavation Pit and Well No. 14 withdraws or will withdraw underground water tributary to the South Platte River. Sterling s withdrawal and use of such water through these wells including the Excavation Pit results in delayed depletions to the South Platte River system. Portions of these depletions are, and will be, junior to decreed water rights on the South Platte River. vi. Under the Plan for Augmentation, Sterling will replace net out of priority depletions resulting to the South Platte River from withdrawal and use of water from the Sterling Ethanol Wells, Sterling Well No. 14, and the Excavation Pit in time, location and amount. Net depletions for the wells will be determined by reducing gross depletions resulting from well withdrawals by the amount of surface and underground wastewater and return flows accruing to the South Platte River following use of water produced by the wells. Depletion factors will be developed using the Glover alluvial aquifer methodology with an aquifer boundary. Net evaporation resulting from the Excavation Pit is determined to be approximately 5.60 feet/year and is distributed monthly as decreed in Consolidated Cases No. 98CW450 and 00CW253. For purposes of this plan, Sterling will replace 100% of withdrawal from Sterling Well No. 14 when used for augmentation purposes. vii. Net out of priority depletions will be replaced using the water rights enumerated in paragraph 5.c, above. Sterling will introduce water to the South Platte River for the purposes of augmentation, substitution, and replacement in the reach of the river at or below the outfall of Prewitt Reservoir and above the confluence of the South Platte River and Cedar Creek. Water will be made available at these locations to replace net out of priority depletions as best meets the operational and management requirements of Sterling s water system, and to maximize Sterling s use of its water supplies at the time such replacement is made. viii. By making such augmentation and replacement, Sterling will be allowed to divert for use water through the structures described in paragraph 5.b., above, constantly throughout the year, without injury to vested water rights and decreed conditional water rights. 5. Name and address of owners of land on which structures are located: Upon information and belief, the following are the names and addresses of owners of land on which pertinent structures will be located: City of Sterling Colorado, P.O. Box 4000,Sterling, CO (11 pages) 05CW024 THE PEOPLE OF COLORADO, ex rel. Harold D. Simpson, State Engineer for the State of Colorado, and James R. Hall, Division Engineer for Water Division 1 v. Defendants: Peter V. Anderson, David A. Wagers, and G. Allyn Wind, VERIFIED COMPLAINT FOR INJUNCTIVE RELIEF, COSTS AND PENALTY. 05CW025 JOAN BONSER ESTATE, Kelly Bonser, PR., Box 7947, Loveland, CO ( ). APPLICATION FOR SURFACE WATER RIGHTS, IN LARIMER COUNTY. 2. Name of structure: Bonser Spring. 3. Legal description: SW 1/4, W 1/4, Sec. 15, T5N, R68W of the 6 th PM in Larimer County, CO. Street address: 5664 County Road 20E, Loveland, CO. Northing , Easting Source: Northing , Easting A. Date of initiation of appropriation: B. How appropriation was initiated: livestock water. C. Date water applied to beneficial use: Amount claimed: 0.06 cfs, ABSOLUTE. 7. Use: Source of water for livestock. B. Non-irrigation: water for livestock. 8. Name and address of owner: Applicant. 9. Remarks: Would like to see this water continue to flow. Have concerns regarding future development of property up stream to the north of property. 05CW026 MARK A. RETZLOFF, c/o Aurora Organic Dairy, 1401 Walnut Street, Fifth Floor, Boulder, Colorado 80302, (720) ext. 101 (James R. Montgomery, Moses, Wittemyer, Harrison and Woodruff, P.C., P.O. Box 1440, Boulder, CO 80306, (303) ). APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE CONDITIONAL WATER RIGHT ABSOLUTE, IN BOULDER COUNTY. 2. Name of structure: Meadowlark Freshening Flow. 3. Description of conditional water right: A. Original decree: The original decree in this case was entered February 2005 Resume Page 5 of 50

6 on April 29, 1987, Case No. 83CW304, District Court, Water Division No. 1, State of Colorado. B. Subsequent decrees: The original decree was made absolute in part by decree entered August 12, 1992 in Case No. 90CW153, District Court, Water Division No. 1, State of Colorado. A decree in Case No. 98CW333 granting diligence for the conditional water right was entered February 4, 1999, District Court, Water Division No. 1, State of Colorado. C. Location: Meadowlark Freshening Flow is located in the SW3SW3, Section 34, T3N, R70W of the 6th P.M., Boulder County, at a point approximately 780 feet from the south line and 300 feet from the west line of Section 34. D. Source: Gifford Gulch, tributary to St. Vrain Creek. E. Amount: 1.25 cfs conditional. Meadowlark Freshening Flow was originally decreed for 4 cfs conditional. By decree entered in Case No. 90CW153, 2.75 cfs of the Meadowlark Freshening Flow conditional right was made absolute. With this application, applicant is requesting the remaining 1.25 cfs conditional be made absolute. F. Use: Meadowlark Freshening Flow is used only for the purpose of freshening the water in Meadowlark Pond. Water is and will be returned to the stream through the outlet of Meadowlark Dam. 4. A detailed outline of what has been done toward completion or for completion of the appropriation and application of water to beneficial use as conditionally decreed, including expenditures, is contained in the application, including a statement that applicant used the entire 4.0 cfs for its decreed purposes during numerous periods of high flows in the spring and summer of Applicant is the owner of the land upon which structures are located, and upon which water is or will be placed to beneficial use. 4 pages. 05CW027 SEAN AND LISA DERNING, Snyder Avenue, Conifer, CO ( ). APPLICATION FOR UNDERGROUND WATER RIGHT, IN JEFFERSON COUNTY. 2. Name of Well and Permit No Legal description: SW 1/4, SW 1/4 of Sec 12, T6S, R71W of 6 th PM. Distance from section lines: 200 ft from S; and 650 ft. from W. Street address: Snyder, Avenue, Conifer, CO Subdivision: Aspen Park, Lots 4, 5, 10 and 11, Block 38, Filing 3. Northing 39 degrees UTM: ; Easting 105 degrees UTM: A. Source: groundwater. B. Depth 244 ft. 5.A. Date of appropriation: 07/09/1979. B. How appropriation was initiated: applied for permit. C. Date water applied to beneficial use: 10/23/ Amount claimed: 4 gpm, ABSOLUTE. 7.A. Name of aquifer: all unnamed aquifers. B. Amount claimed in acre feet annually: one. 8. Proposed use Househoud use only for single family dwelling. 9. Name and address of owners: Applicants. 05CW028 A.R.S., Inc., 8505 West Mountain View Lane, Littleton, CO (c/o Timothy R. Buchanan, Timothy R. Buchanan, P.C., 7703 Ralston Road, Arvada, CO (303) ). APPLICATION FOR DIRECT FLOW WATER RIGHTS AND STORAGE WATER RIGHTS, IN DOUGLAS AND JEFFERSON COUNTIES. NOTE: THIS APPLICATION INCLUDES, IN PART, A REQUEST TO ANTEDATE A PRIORITY DATE PURSUANT TO , C.R.S. AND C.R.C.P. 89: THE WATER RIGHTS CLAIMED BY THIS APPLICATION MAY AFFECT IN PRIORITY ANY WATER RIGHT CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT AND PROTEST WITHIN THE TIME PROVIDED BY STATUTE, OR BE FOREVER BARRED. APPLICATION FOR CONDITIONAL DIRECT FLOW RIGHTS. 2. Name of Water Right: A.R.S. Highline Water Right. a. Legal Description of Point of Diversion: An existing headgate of the Highline Canal, which is located on the south bank of the South Platte River at a point whence the SE corner of Section 33, Township 6 South, Range 69 West of the 6th P.M. bears South 37 51' East 2,242 feet, Douglas County, Colorado. The water diverted at the headgate of the Highline Canal will be carried in the Highline Canal or in a pipeline located near the Highline canal, and carried to the A.R.S. Reservoir located in the N1/2 of Section 19, Township 6 South, Range 68 West of the 6th P.M. in Douglas County, Colorado, and either directly diverted for water treatment and the uses described in this Application or February 2005 Resume Page 6 of 50

7 stored in A.R.S. Reservoir and subsequently used for the uses described in this Application. b. Source: South Platte River. c. Date of initiation of appropriation: October 1, d. How appropriation was initiated: By investigation of the property owned by the Applicant for development of water rights. e. Date water applied to beneficial use: N/A. f. Amount claimed: 600 c.f.s., conditional; g. Use or Proposed Use: The water claimed herein will be used for domestic, industrial, commercial, irrigation, stockwatering, recreation, fish and wildlife purposes, fire protection and all other beneficial uses. The water will be used for immediate application to beneficial use, for storage and subsequent application to beneficial use, for substitution and exchange, for replacement of depletions, for recharge of the aquifer, and for augmentation purposes. The water will be fully consumed during the first use of the water, or recaptured and reused until the water is fully consumed. 3. Name of Water Right: A.R.S. South Platte Water Right. a. Legal Description of Point of Diversion: The water will be diverted from the South Platte River through up to six wells and/or diversion structures located in the NE 1/4 of Section 23, Township 6 South, Range 69 West of the 6th P.M., Douglas County, Colorado. The water diverted at the diversion structures will be carried in the Highline Canal or in a pipeline located near the Highline canal, and carried to the A.R.S. Reservoir located in the N1/2 of Section 19, Township 6 South, Range 68 West of the 6th P.M. in Douglas County, Colorado, and either directly diverted for water treatment and the uses described in this Application or stored in A.R.S. Reservoir and subsequently used for the uses described in this Application. b. Source: South Platte River. c. Date of initiation of appropriation: October 1, 1998 d. How appropriation was initiated: By investigation of the property owned by the Applicant for development of water rights. e. Date water applied to beneficial use: N/A f. Amount claimed: 600 c.f.s., conditional. g. Use or Proposed Use: The water claimed herein will be used for domestic, industrial, commercial, irrigation, stockwatering, recreation, fish and wildlife purposes, fire protection and all other beneficial uses. The water will be used for immediate application to beneficial use, for storage and subsequent application to beneficial use, for substitution and exchange, for replacement of depletions, for recharge of the aquifer, and for augmentation purposes. The water will be fully consumed during the first use of the water, or recaptured and reused until the water is fully consumed. 4. Name of Water Right: A.R.S. Plum Creek Water Right. a. Legal Description of Point of Diversion: The water will be diverted from Plum Creek, a tributary of the South Platte River through up to six wells and/or diversion structures located at a point downstream of Titan Road, within the E ½ of the SW 1/4 of Section 20, Township 6 South, Range 68 West of the 6th P.M., Douglas County, Colorado. The water diverted at the diversion structures will be carried to the A.R.S. Reservoir located in the N ½ of Section 19, Township 6 South, Range 68 West of the 6th P.M. in Douglas County, Colorado, and either directly diverted for water treatment and the uses described in this Application or stored in A.R.S. Reservoir and subsequently used for the uses described in this Application. b. Source: Plum Creek, a tributary of the South Platte River. c. Date of initiation of appropriation: October 1, d. How appropriation was initiated: By investigation of the property owned by the Applicant for development of water rights. e. Date water applied to beneficial use: N/A. f. Amount claimed: 300 c.f.s., conditional. g. Use or Proposed Use: The water claimed herein will be used for domestic, industrial, commercial, irrigation, stockwatering, recreation, fish and wildlife purposes, fire protection and all other beneficial uses. The water will be used for immediate application to beneficial use, for storage and subsequent application to beneficial use, for substitution and exchange, for replacement of depletions, for recharge of the aquifer, and for augmentation purposes. The water will be fully consumed during the first use of the water, or recaptured and reused until the water is fully consumed. 5. Name and Address of Owner of Land on Which Point of Diversion or Storage Structure is Located: The Highline Canal is believed to be owned by the City and County of Denver, acting by and through its Board of Water Commissioners, 1600 W. 12th Avenue., Denver, CO The A.R.S. South Platte Water Right point of diversion is believed to be located on land owned by the United State of America and the State of Colorado Parks Department. The State of Colorado Parks Department's Denver address is 1313 Sherman Street #618, Denver, CO The A.R.S. Plum Creek Water Right point of diversion is believed to be located on land owned by the City and County of Denver, acting by and through its Board of Water Commissioners, 1600 W. 12th Avenue., February 2005 Resume Page 7 of 50

8 Denver, CO 80204; and/or land owned by D.C. Burns Realty and Trust Co., 1625 Broadway # 2900, Denver, CO APPLICATION FOR CONDITIONAL WATER STORAGE RIGHTS. 6. Name of Water Right: A.R.S. Reservoir. a. Legal Description of Location: A.R.S. Reservoir will be located in the N ½ of Section 19, Township 6 South, Range 68 West of the 6th P.M. in Douglas County, CO. b. Legal Description of Each Point of Diversion: Water will be diverted at the points of diversion described for the (1) A.R.S. Highline Water Right, (2) A.R.S. South Platte Water Right, and (3) A.R.S. Plum Creek Water Right, and carried to A.R.S. Reservoir through the structures described above. c. Source: South Platte River and Plum Creek. d. Date of initiation of appropriation: October 1, e. How appropriation was initiated: By investigation of the property owned by the Applicant for development of water rights. f. Date water applied to beneficial use: N/A. g. Amount claimed: Water will be diverted at the rates of diversion described for the (1) A.R.S. Highline Water Right, (2) A.R.S. South Platte Water Right, and (3) A.R.S. Plum Creek Water Right, and carried to A.R.S. Reservoir for storage of up to 10,000 acre feet in A.R.S. Reservoir, with the right to fill and refill A.R.S. Reservoir whenever in priority through the structures described above. h. Total capacity of Reservoir in acre feet: 11,000. Active capacity: 10,900 acre feet. Dead storage: 100 acre feet. i. Use or Proposed Use: The water claimed herein will be used for domestic, industrial, commercial, irrigation, stockwatering, recreation, fish and wildlife purposes, fire protection and all other beneficial uses. The water will be used for immediate application to beneficial use, for storage and subsequent application to beneficial use, for substitution and exchange, for replacement of depletions, for recharge of the aquifer, and for augmentation purposes. The water will be fully consumed during the first use of the water, or recaptured and reused until the water is fully consumed. 7. Name and Address of Owner of Land on Which Point of Diversion or Storage Structure is Located: The Highline Canal is believed to be owned by the City and County of Denver, acting by and through its Board of Water Commissioners, 1600 W. 12th Avenue., Denver, CO The A.R.S. South Platte Water Right point of diversion is believed to be located on land owned by the United State of America and the State of Colorado Parks Department. The State of Colorado Parks Department's Denver address is 1313 Sherman Street #618, Denver, CO The A.R.S. Plum Creek Water Right point of diversion is believed to be located on land owned by the City and County of Denver, acting by and through its Board of Water Commissioners, 1600 W. 12th Avenue, Denver, CO 80204; and/or land owned by D.C. Burns Realty and Trust Co., 1625 Broadway # 2900, Denver, CO Additional Information: This application is filed, in part, pursuant to the provisions of the Section , C.R.S., and the Applicant has contemporaneously filed a statement of opposition to the application filed in Case No. 2004CW309 by the South Metro Water Supply Authority. (7 pages) 05CW029 ROCKY MOUNTAIN CONFERENCE OF THE UNITED METHODIST CHURCH, Buckhorn United Methodist Church, 2120 County Road 41, Bellvue, Colorado , (970) , Gregg Kernes, Director, APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE CONDITIONAL WATER RIGHTS, IN LARIMER COUNTY. Please send all correspondence and pleadings to Brent Bartlett, Fischer, Brown & Gunn, P.C., P.O. Box Q, Fort Collins, CO (970) Name of structure: Well. Permit No A. 3. Decree: A. Date of Original Decree: February 2, Case No. 98CW276. Court: District Court, Water Division No. 1. B. Location and Legal Description of Well: Well No A is located in the Northwest quarter of the Southeast quarter of Section 2, Township 7 North, Range 71 West, 6 th P.M., Larimer County, Colorado, at a point approximately 1,870 feet from the South section line and 2,060 feet from the East section line and has a depth of 700 feet. C. Source of Water: Groundwater that is tributary to Buckhorn Creek. D. Appropriation Date: February 20, E. Amount:0.18 acre foot ABSOLUTE and 0.32 acre foot CONDITIONAL. F. Use: Domestic uses and operation of camp facilities. 4. During this diligence period Applicant continued the process of expanding the camp facilities to provide for an additional 3500 campers per year. Applicant constructed a new 12 person dormitory cabin. Applicant is currently constructing a new director s house that will house an additional year-round staff family and residence with a current project cost to date of $120,000. A new cabin to accommodate approximately 50 February 2005 Resume Page 8 of 50

9 additional campers is under construction with a current project cost to date of $26,000. Applicant plans to construct a new shop building and remodel the old shop building into a meeting hall by 2007 at an estimated cost of $85,000. By 2009, Applicant plans to develop a self-contained retreat area consisting of five new cabins and a dining/meeting hall. This area will hold an additional 50 guests and is estimated to cost $350,000. Applicant has demonstrated continued intent and progress toward finalizing these conditional water rights and has further shown that the conditional decree is being pursued in a manner that confirms that beneficial uses of the full 0.5 acre feet of the conditionally decreed water can and will occur. 5. If claim to make absolute, describe how water was applied to beneficial use: A. Date: 1999 to 2004 pumping records for Well A displays steady growth as follows: Year/Gallons Pumped, 1998/245,930; 1999/318,630; 2000/329,420; 2001/343,010; 2002/371,640; 2003/357,490; 2004/385,600. The table indicates that as of 2004, 0.18 acre feet out of the conditional 0.5 acre has been applied to beneficial use (Applicant already has Decree for absolute waters rights of 1.0 acre feet and this application is regarding the additional ½ acre foot over that amount). B. Uses: The water has been used for domestic purposes and operation of the camp facilities. C. All uses occurred within the lands identified in the Decree issued in this matter February 2, 1999 being described as follows: Northwest quarter of the Southeast quarter of Section 2, Township 7 North, Range 71 West, 6 th P.M., Larimer County, Colorado. 6. The applicant owns all structures and places of use. WHEREFORE, Applicant requests a ruling and decree for the following: A. That 0.18 acre feet of the conditionally decreed water rights described herein have been made absolute and that the claimed dates of appropriation be awarded as to those absolute water rights; and B. That the remaining 0.32 acre feet of the conditionally decreed water rights remain conditional, and that the applicant has proceeded with the requisite diligence in development of its water rights, and that the Court award applicant an additional six-year diligence period to make such rights absolute; and C. Further, should the Court determine that any of the conditionally decreed water rights have not been made absolute, that the Court award applicant an additional six year diligence period to make such rights absolute, and for such further relief as the Court may deem necessary and proper. 05CW030 ROXBOROUGH PARK METROPOLITAN DISTRICT, c/o Larry D. Moore, General Manager, 6222 North Roxborough Park Road, Littleton, CO 80125, (Steven P. Jeffers, Esq., Bernard, Lyons, Gaddis & Kahn, P.C., P.O. Box 978, Longmont, CO , ) APPLICATION FOR CHANGE OF WATER RIGHT AND APPROPRIATIVE RIGHT OF EXCHANGE, IN DOUGLAS AND JEFFERSON COUNTIES. Change of Water Right 2. Name of water right for which change is sought: Meadow Ditch. a. Original Decree: Decree of December 10, 1883, District Court, Douglas County. b. Change Decree: Decree entered July 1, 2003, in Case No. 2000CW231, District Court, Water Division No. 1. That decree changed 0.77 cfs out of 5.0 cfs to other uses. That portion of the water right is not included in this case. 3. From Previous Decrees: a. Decreed Point of Diversion: The Meadow Ditch headgate is located in the W1/2 NE 1/4, Section 21, Township 7 South, Range 68 West of the 6 th P.M., in Douglas County, at a point 2,055 feet from the North section line and 2,380 feet from the East Section line. A map of the point of diversion is attached as EXHIBIT A. b. Source: Indian Creek, tributary to Plum Creek, tributary to the South Platte River. c. Appropriation Date: May 31, d. Amount: 3.75 cfs out of 5.0 cfs originally decreed to the Meadow Ditch is owned by Applicant, Roxborough Park Metropolitan District ( Roxborough ), and is the subject of this application. The remaining 1.25 cfs decreed to the Meadow Ditch, including 0.77 cfs previously changed in Case No. 2000CW231, is not included in this application. e. Historic Use: In Case No. 2000CW231, 0.77 cfs out of 5.0 cfs of the Meadow Ditch was changed to allow for domestic, fire protection, fish and wildlife propagation, and aesthetic uses on the Lambert Ranch, either directly or by storage for subsequent use, along with continued irrigation of up to 84.4 acres of historically irrigated lands remaining in production. The Water Court found in that case that the entire 5.0 cfs Meadow Ditch water right had historically irrigated alfalfa, hay and pasture grass on approximately acres of the Lambert Ranch, and that, in order to change the type of use of 0.77 cfs of the water right, the owner must dry up 16.1 acres of ground. February 2005 Resume Page 9 of 50

10 The historic irrigated area is depicted on attached EXHIBIT B. The remaining 4.23 cfs is decreed for continued irrigation of 84.4 acres under the Meadow Ditch. The Court found that historic consumptive use under the entire Meadow Ditch averaged acre feet annually, with a maximum consumptive use of acre feet per year for the entire ditch. The Court found that the owner of the Meadow Ditch may incrementally take historically irrigated land out of irrigation and put such water to the identified uses in that decree. If the Meadow Ditch water right is to be used at another location, or for uses other than those identified in the decree, then a separate application to the Water Court would be required. The decree states that the applicants in such a case may rely on the historic use analysis in that decree consistent with the Supreme Court opinion in Williams v. Midway Ranches Property Owners Ass n., 938 P.2d 515, (Colo. 1997). Roxborough recently purchased the right to use 3.75 cfs out of 5.0 cfs (75%) decreed to the Meadow Ditch, including the right to use 75% of the historic diversions and consumptive use of that water right. A copy of the deed to Roxborough is attached as EXHIBIT C. Roxborough seeks in this case the right to change 3.75 cfs of the Meadow Ditch, including the right to divert and use an average of acre feet per year of the historic consumptive use, up to a maximum of acre feet per year as decreed in Case No. 2000CW231. Roxborough proposes to change its ownership interest in and use of the Meadow Ditch water right by drying up approximately acres of historically irrigated lands, using the same methodology of the previous change decreed in Case No. 2000CW231. A summary of historic diversions is attached hereto as EXHIBIT D. The Court determined in 2002CW231 that historic diversions between 1970 and 1998 averaged acre feet per year for the entire ditch, and the owner may continue to divert up to 434 acre feet per year for irrigation of the remaining 84.4 acres under the ditch. Average diversions were limited to 217 acre feet per year over any 10 year period. Roxborough claims a proportionate right to such diversions. Historic irrigation return flows shall be maintained in the same manner decreed in the prior change case. 4. Proposed changes: Roxborough requests an alternate place of use for its 3.75 cfs interest in the Meadow Ditch water right to include continued irrigation of up to acres of the historically irrigated area, or use anywhere within the Roxborough Park Metropolitan District water service area. Roxborough requests a change from direct flow to direct flow and storage. Roxborough requests a change in type of use to include continued irrigation use and, alternatively, use for all municipal purposes (including domestic, irrigation, commercial and industrial), recreational, fish and wildlife propagation, irrigation, augmentation, replacement, substitution and exchange. Such water may be used for replacement of out of priority depletions and maintenance of historic return flows required by any future plans for augmentation or changes of water rights decreed to Roxborough. At the time that Roxborough intends to divert any portion of its water right for municipal use, it will dry up and monument a portion of the historic irrigated area consistent with the terms and conditions of the decree in Case No. 2000CW Applicant may divert or store its interest in the Meadow Ditch using one of the following methods: a. Water may be diverted from Indian Creek into the Meadow Ditch and delivered by pipeline to the Aurora Rampart Reservoir and then to the Roxborough Park Metropolitan District Raw Water Treatment Plant ( RWTP ); delivered to Denver s Foothills Water Treatment Plant ( FWTP ) or delivered directly to the RWTP. The Aurora Rampart Reservoir is located in a portion of the SW¼ of Section 12 and N½ of Section 13 Township 7 South, Range 69 West of the 6 th P.M. in Douglas County. The RWTP is located generally in the NE1/4 of the SW1/4 of Section 31, Township 6 South, Range 68 West of the 6 th P.M. in Douglas County. The FWTP is located generally in the SW1/4 SE1/4 of Section 1 and N1/2 of Section 12 Township 7 South, Range 69 West, 6 th P.M. b. In the alternative, water may be diverted and measured through the Meadow Ditch and back to Indian Creek, down Indian Creek and Plum Creek to Chatfield Reservoir at the junction of Plum Creek and the South Platte River. The water will then be stored in Chatfield Reservoir for later exchange, or will be exchanged directly up the South Platte River to the headgate of the High Line Canal or to Strontia Springs Reservoir. Water exchanged to Strontia Springs Reservoir may then be diverted through Conduit 26 to the FWTP or through Aurora s Rampart Tunnel to Rampart Reservoir and the RWTP. The right abutment of Chatfield Dam is located in Douglas County, Colorado, in Sections 6 and 7, Township 6 South, Range 68 West of the 6 th P.M. The left abutment of the dam is located in Jefferson County, in Section 1, Township 6 South, February 2005 Resume Page 10 of 50

11 Range 69 West of the 6 th P.M. The decreed location of the High Line Canal headgate is on the southeast bank of the South Platte River in Section 33, Township 6 South, Range 69 West of the 6 th P.M. in Douglas County. The Strontia Springs Reservoir is an existing structure with a diversion dam located on the South Platte River in the NW1/4 of Section 21, Township 7 South, Range 69 West, 6 th P.M., with the right abutment located at a point whence the NE1/4 corner of said Section 21 bears N E 4, feet in Douglas County. c. Some or all of the water may be stored in Lambert Reservoir No. 3 prior to delivery to Roxborough as described above. Lambert Reservoir No. 3 is located in the SW1/4 NW1/4 of Section 21, Township 7 South, Range 68 West, 6 th P.M. Douglas County, at a point 2,300 feet from the North and 2,400 feet from the East Section lines. The present capacity of the reservoir is acre feet. Roxborough claims the right to store water in the reservoir prior to delivery to Roxborough by pipeline or exchange, and the right to store a portion of historic diversions in the reservoir to provide replacement of delayed irrigation return flows to prevent injury to downstream water rights. Appropriative Right of Exchange 6. Name of exchange: Roxborough-Meadow Ditch Exchange. 7. Name and location of structures: The exchange will operate between Chatfield Reservoir and the High Line Canal or Strontia Springs Reservoir described in paragraph 5 above. 8. Source: South Platte River. 9. Amount Claimed: 10.0 cfs, CONDITIONAL. 10. Date of Appropriation: January 11, a. How appropriation was initiated: By entering into a contract to purchase and by purchase of 3.75 cfs in the Meadow Ditch on January 11, In addition, Roxborough has requested allocation to it of up to 500 acre feet of storage space in Chatfield Reservoir that may be used to store water under a new appropriation and to facilitate this exchange. Roxborough also approved a resolution authorizing this application, and filed this application. b. Date water applied to beneficial use: N/A. 11. General Description of Exchange: Roxborough intends to deliver consumptive use water from the Meadow Ditch to Chatfield Reservoir and exchange such water up the South Platte River to the headgate of the High Line Canal or Strontia Springs Reservoir. Water from the Meadow Ditch and other sources acquired or appropriated by Roxborough may also be stored in Lambert Reservoir No. 3 or Chatfield Reservoir and subsequently released for exchange to the headgate of the High Line Canal or Strontia Springs Reservoir for delivery to Roxborough. a. The exchange-from point is Chatfield Reservoir described in paragraph 5(b), above. b. The upper-most exchange-to point is the Strontia Springs diversion dam described in paragraph 5(b), above. 12. Uses: Water diverted by exchange will be used for all municipal purposes (including domestic, irrigation, commercial and industrial), recreational, fish and wildlife propagation, irrigation, augmentation, replacement, substitution and exchange. 13. Name(s) and address(es) of owner(s) of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored: a. The Meadow Ditch, Lambert Reservoir No. 3, and associated easement are owned by Roxborough and by Valley Development Group, LLC whose address is 6775 Roxborough Drive, Littleton, Colorado b. The land upon which the Meadow Ditch and Lambert Reservoir No. 3 are located may be owned by one or more of the following: Lambert Ranch Association, Inc., P.O. Box 336, Sedalia, CO 80135; Ryan R. and Dawn Kowalski, P.O. Box 625, 5086 Lambert Ranch Trail, Sedalia, CO 80135; Preston D. and Michelle M. Hastings, 6330 Old Orchard Lane, Sedalia, CO 80135; Jeffrey T. and Kathleen A. Moulton, 7686 S. Depew Street, Littleton, CO 80123; Christian N. and Ann E. Miller, 8131 S. Laredo Court, Englewood, CO 80112; Stanley G. and Kathleen Eichelberger Jones, 5360 Lambert Ranch Trail, Sedalia, CO 80135; Arthur M. and Carol B. Glover, P.O. Box 370, 6208 Hay Meadow Way, Sedalia, CO c. Aurora Rampart Tunnel and Aurora Rampart Reservoir are owned by the City of Aurora and operated by the City of Aurora Utilities, whose address is E. Alameda Parkway, Aurora, Colorado d. Chatfield Reservoir is owned and operated by the United States Army Corps of Engineers, whose address is 9307 S. Wadsworth Blvd., Littleton, Colorado e. The High Line Canal, Strontia Springs Reservoir, Conduit 26 and the FWTP are owned by the City and County of Denver, acting by and through its Board of Water Commissioners, whose address is 1600 W. 12 th Avenue, Denver, CO f. The water will be used on lands located within the service area of the Roxborough Park Metropolitan District. 14. Remarks: The location of each structure is identified on attached as EXHIBIT A. February 2005 Resume Page 11 of 50