DISTRICT COURT, WATER DIVISION 1, COLORADO MARCH 2013 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV.

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1 DISTRICT COURT, WATER DIVISION 1, COLORADO MARCH 2013 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S , you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of MARCH 2013 for each County affected. 13CW29 Well Augmentation Subdistrict of the Central Colorado Water Conservancy District, 3209 West 28 th Street, Greeley, CO 80634, (970) Please send correspondence and pleadings to: Kelly J. Custer, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534, Kelly@ljcglaw.com. APPLICATION FOR CHANGE OF WATER RIGHTS, in BOULDER and WELD COUNTIES. 2. Decreed water rights for which change is sought: A. Name of Structure: Rural Ditch. i. Date of original and subsequent decrees: CA 1336, June 2, 1882, Boulder County District Court; Case No. 84CW412, August 30, 1985, Water Division No. 1. ii. Legal description of location: On Boulder Creek in the NE1/4 Section 20, Township 2 North, Range 68 West of the 6 th P.M., Weld County, Colorado. iii. Source: Boulder Creek through Idaho Creek. iv. Appropriation Dates: May 5, 1862 and March 10, v. Total amount decreed to structure: cfs (1862) and cfs (1863). vi. Decreed use: Irrigation. vii. Amount of water that Applicant intends to change: 2.5 shares out of the outstanding 50 shares of the Rural Ditch Company represented by stock certificate no B. Name of Structure: Godding Ditch (aka Highland South Side Ditch). i. Date of original and subsequent decrees: CA 1336, June 2, 1882, Boulder County District Court. ii. Legal description of structure: On Idaho Creek in the NE1/4 NW1/4 SW1/4 Section 21, Township 2 North, Range 68 West of the 6 th P.M., Weld County, Colorado. iii. Source: Boulder Creek through Idaho Creek. iv. Appropriation Dates: June 1, 1865 and June 1, v. Total amount decreed to structure: 99.7 cfs (1865) and 52.5 cfs (1868). vi. Decreed use: Irrigation. vii. Amount of water that Applicant intends to change: 20 shares out of the outstanding 183 shares of the Godding Ditch Company represented by stock certificate no Proposed change of use: Applicant seeks to change the use of the water rights to add augmentation, replacement, and use as a substitute supply in exchanges, either directly, or after storage, recharge, or exchange, with the right to totally consume the consumable portion of the water, by first use, subsequent use, or disposition. All diversions attributable to the shares shall be made through the river headgates of the Rural Ditch and Godding Ditch for the shares in the respective companies. 4. Initial Place of Storage. The initial place of storage will be Shores Reservoir, decreed in Case No. 00CW83, located in Sections 1 and 2, Township 2 North, Range 68 West of the 6 th P.M., Weld County, Colorado. 5. Augmentation, Recharge, and Storage. Applicant provides augmentation water to constituent wells pursuant to the plan for augmentation decreed in Case No. 03CW99. The Ground Water Management Subdistrict of the Central Colorado Water Conservancy District ( GMS ) provides augmentation water to constituent wells pursuant to the plan for augmentation decreed in Case No. 02CW335. Applicant and GMS operate recharge projects decreed in Case Nos. 82CW413, 85CW370, 87CW304, 94CW199, 81CW382, 01CW48, and 05CW331. Applicant and GMS own storage water rights decreed in Case Nos. 01CW018, 02CW269, 02CW262, 92CW021, 94CW97, 02CW270, 88CW127, and 00CW83. The water rights herein are intended to be used for augmentation in Case No. 03CW99 or such other decreed augmentation plan as Applicant shall obtain. The water rights may be leased to others for use in decreed augmentation plans or substitute water supply plans, including GMS for use in Case No. 02CW335. The water rights to be changed herein may also be rediverted and delivered directly or after exchange to recharge or storage under the above decrees or to any recharge or storage structure identified in any of these decrees, for subsequent use in an augmentation plan or substitute water supply plan. 6. Historical use: The water rights were historically used to irrigate land in the North 1/2, Section 11, Township 2 North, Range 68 West, 6 th P.M., Weld County, Colorado. The Rural Ditch Shares were used to irrigate up to approximately 188 acres, and the Godding Ditch Shares were used to irrigate up to approximately 206 acres, with some parcels irrigated using shares from both ditch companies. The areas are shown on the attached Figure Diversion Records: Applicant s engineering consultants have reviewed records of diversions by the Rural Ditch Company and the

2 Godding Ditch Company and Applicant will rely on the records in the quantification of the historical use of the water rights. Copies of the records will be provided to any party on request. 8. Return flows: Applicant will replace the historical return flow portion of the water rights. Applicant hereby appropriates the use of the historical return flows of the water rights and the return flows will be replaced when there is a call senior to the date of the filing of this application. Applicant claims the right to aggregate the return flow obligation during the non-irrigation season. The return flows will be used for the changed uses described herein. The sources of return flow replacement include any sources available to Applicant including but not limited to sources listed in the 03CW99 and 05CW331 decrees. 9. Proposed terms and conditions for delivery of the Godding Ditch 20 shares: A. Applicant will take delivery of the 20 shares at the structure it constructed at the Godding Hollow pursuant to an agreement with the Godding Ditch Company dated August 2, The structure is located in the North 1/2 of Section 14, Township 2 North, Range 68 West of the 6 th P.M., Weld County, Colorado. B. The 20 shares shall be subject to transit loss in the Godding Ditch as determined by the ditch rider, applying the same percentage to all shareholders. C. The diversion season applicable to the 20 shares shall be the same as the season for all shareholders. D. Deliveries of the 20 shares shall be measured by measurement devices capable of continuous recordation. E. Applicant proposes that the August 2, 2007 agreement be amended to add the 20 shares to the agreement terms. 10. Proposed terms and conditions for delivery of the Rural Ditch 2.5 shares: A. Applicant may take delivery of the 2.5 shares at any of the following points of delivery: 1) either of the two points described in the agreement with the Rural Ditch Company dated July 19, 2007, consisting of the Shores Pond B Inlet Structure, located at a point in the SE1/4 of the NE1/4 of Section 2, Township 2 North, Range 68 West of the 6 th P.M. in Weld County, Colorado, and an Augmentation Structure located at a point in the SE1/4 of the SW1/4 of Section 36, Township 3 North, Range 68 West of the 6 th P.M. in Weld County, Colorado; 2) a future augmentation/bypass structure to be constructed by the ditch company at or near its river headgate; 3) a future augmentation structure associated with the City of Firestone s plans to construct drainage to St. Vrain Creek; and 4) a future Shores Pond C Inlet Structure. B. The 2.5 shares shall be subject to transit loss in the Rural Ditch as determined by the ditch rider, applying the same percentage to all shareholders. In the event that Applicant takes delivery of the 2.5 shares at the future augmentation station at the river headgate, the ditch loss portion of the delivery shall remain in the ditch. C. The diversion season applicable to the 2.5 shares shall be the same as the season for all shareholders. D. The July 19, 2007 agreement allows the delivery of water associated with additional shares acquired by the Applicant and Applicant agrees that the terms of such agreement apply to the 2.5 shares. 11. Names and addresses of owners of land on which structures are located: Hall-Irwin, 301 Centennial Drive, Milliken, CO Rural Ditch Company, 735 Bowen, Longmont, CO Godding Ditch Company, 5584 County Road 24, Longmont, CO pages. 13CW30 JOHN HARDEN, Hwy. 73, Conifer, CO Application for FINDING OF REASONABLE DILIGENCE OR TO MAKE ABSOLUTE IN WHOLE OR IN PART IN JEFFERSON COUNTY. Date of original decree: in case no. 96CW1130. Subsequent decree: in case no. 06CW34 in Water Division One. Location of structures: Harden Well No. 1, permit, located SE1/4, SW1/4. S14, T6S, R71W of the 6 th PM at a point 1320 ft from the S and 2340 ft. from the W. Harden Well No. 2, located SE1/4, SW1/4, S14, T6S, R71W of the 6 th PM at a point 910 ft. from the S and 2480 ft. from the W. Harden Well No. 3 located NE1/4, SW1/4, S14, T6S, R71W of the 6 th PM at a point 1480 ft. from S and 2400 ft. from the W. Harden Well No. 4 located NE1/4, SW1/4, S14, T6S, R71W of the 6 th PM at a point1820 ft. from the S and 2400 ft. from the W. Harden Well No. 5 located NE1/4, SW1/4, S 14, T6S, R71W of the 6 th PM at a point 2140 ft. from S and 2170 ft. from the W. Harden Reservoir No. 1 center line of dam at the outlet shall be located in the SE1/4, SW1/4, S14, T6S, R71W of the 6 th PM, at a point 1320 ft. from the S and 2290 ft. from the W. Harden Reservoir No. 2 center line of dam at the outlet shall be located in the NE1/4, SW1/4, S14, T6S, R71W of the 6 th PM at a point 2470 ft. from the S and 2230 ft. from the W. Harden Reservoir No. 3

3 center line of dam at the outlet shall be located in the SE1/4, SW1/4, of S14, T6S, R71W of the 6 th PM at a point 570 ft. from the S and 2350 ft. from the W. Source: Ground water tributary of North Turkey Creek, a tributary of Turkey Creek. Appropriation dates: Harden Well nos. 1-5; Harden Well no. 1: ; Harden Well nos. 2-5: Amount: 15 gpm for each of the Harden Well Nos Depth: Harden Well no. s is 503 ft. Harden Well nos. 2-5 will be drilled to a depth of approximately 500 ft.application to re-permit Harden Well No. 1 as non-exempt for use of irrigation has been made. No other claim to make absolute in whole or part is being made until needed for new building additions and/or the Storage Rights for Reservoirs Nos. 1 and 2 have been completed and satisfied. Use: Domestic, commercial, stock watering, irrigation, recreationl, fire protection, augmentation, substitution and exchange, including the right to use, reuse and make succession to extinction. 13CW31 KELLY AND MARY CAIN, 630 Meadow View Dr., Evergreen, CO Application for Absolute Underground Water Right in CLEAR CREEK COUNTY. Hornbecker #1, permit , located NE1/4, SE1/4, S11, T4S, R72W of the 6 th PM at a distance 1840 ft. from South and 690 ft. from East. Source: groundwater. Depth: 300 ft. Date of appropriation: Date water applied to beneficial use: Amount: 5 gpm, Absolute. Use: Household. 13CW32 AUBREY J. LAVIZZO, 830 Saint Paul St., Denver, CO APPLICATION TO MAKE ABSOLUTE IN WHOLE OR IN PART IN PARK COUNTY. Date of original decree: in case 96CW343 in Water Division 1; Subsequent decrees: in case no. 06CW93 in Water Division 1. Lavizzo Well located SW1/4, SE1/4, S14, T9S, R75W of the 6 th PM at a distance 300 ft. from the S and 1465 ft. from the E. Source: Groundwater. Appropriation date: Amount: cfs. Depth: 620 ft. To make absolute: Date water applied to beneficial use: Amount: 10 gal. Use: Household only in a single family dwelling, not including irrigation. 13CW3000 VERIFIED COMPLAINT, Plaintiffs: THE PEOPLE OF COLORADO, ex rel, DICK WOLFE, the State Engineer for the State of Colordo, and DAVID NETTLES, the Division Engineer for Water Division No. v. Defendants: MARY J. FREI & FREI ASSOCIATES, LTD, II. 13CW3001 Stephen E. Evans, 6722 Chalet Circle, Parker, CO (James J. Petrock, Petrock & Fendel, th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY SOURCES, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AQUIFERS, DOUGLAS COUNTY, Lot 37, Hidden Village Filing 2, located in the SW1/4NW1/4 of Section 7, T7S, R65W of the 6th P.M., 4.4 acres. Lower Dawson: 0.9 acre-feet; Denver: 1.6 acre-feet; Arapahoe: 1.9 acre-feet; and Laramie-Fox Hills: 1.3 acre-feet, Domestic, commercial, irrigation, stockwatering, and augmentation purposes, on and off the Subject Property. Applicant may withdraw this water in combination with the same type of water and through wells located on other lots in Burning Tree Ranch which have previously been decreed, including Case Nos. 01CW231, 02CW214, 04CW76 and 05CW188. Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises (3 pages). 13CW3002 VERIFIED COMPLAINT, Plaintiffs: THE PEOPLE OF COLORADO, ex rel, DICK WOLFE, the State Engineer for the State of Colordo, and DAVID NETTLES, the Division Engineer for Water Division No. v. Defendants: ELLIS H. ISAKSON. 13CW3003 VERIFIED COMPLAINT, Plaintiffs: THE PEOPLE OF COLORADO, ex rel, DICK WOLFE, the State Engineer for the State of Colordo, and DAVID NETTLES, the Division

4 Engineer for Water Division No. v. Defendants: HARRY STROHAUER, W.C.L. LIMITED PARTNERSHIP, ROGER BOULTER, INC., AND SB FARMS. 13CW3004 Town of Erie, c/o Public Works Director, P. O. Box 750, Erie, CO 80516, (303) Vranesh and Raisch, LLP, Paul J. Zilis, th Street, Suite 200, Boulder, Colorado (303) APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE CONDITIONAL WATER RIGHTS ABSOLUTE IN WELD COUNTY. 2. Names of structures: Vista Ridge Pump and Pipeline, Vista Ridge Storage System. 3. Description of Conditional Water Rights: A. Date of Original Decree: March 13, 2007; Case No.: 02CW307; Court: Water Court, Water Division 1. B. Subsequent decrees awarding findings of reasonable diligence: N/A. C. The legal description of the structures: (1) The Vista Ridge Pump and Pipeline is located in the NW1/4 SE1/4 of Section 30, Township 1 North, Range 68 West, 6th P.M. in Weld County, and is approximately 2,320 feet from the south line and 2,560 feet from the east line of said Section 30. The Vista Ridge Storage System reservoirs are located as follows: (2) Hole 7 Pond: SE1/4 SW1/4 of Section 32, Township 1 North, Range 68 West, 6th P.M. in Weld County, approximately 300 feet from the south line and 2,400 feet from the west line of said Section 32. (3) Hole 8A Pond: SW1/4 SE1/4 of Section 32, Township 1 North, Range 68 West, 6th P.M. in Weld County, approximately 300 feet from the south line and 1,970 feet from the east line of said Section 32. (4) Hole 8B Pond: SE1/4 SE1/4 of Section 32, Township 1 North, Range 68 West, 6th P.M. in Weld County, approximately 540 feet from the south line and 1,200 feet from the east line of said Section 32. (5) Hole 9 Pond: NE1/4 SE1/4 of Section 32, Township 1 North, Range 68 West, 6th P.M. in Weld County, approximately 1,670 feet from the south line and 1,320 feet from the east line of said Section 32. (6) Hole 13 Pond: NE1/4 SW1/4 of Section 33, Township 1 North, Range 68 West, 6th P.M. in Weld County, approximately 1,500 feet from the south line and 2,600 feet from the west line of said Section 33. (7) Hole 17 Pond: SE1/4 NE1/4 of Section 32, Township 1 North, Range 68 West, 6th P.M. in Weld County, approximately 1,300 feet from the north line and 1,170 feet from the east line of said Section 32. (8) Hole 18 Pond: NW1/4 SE1/4 of Section 32, Township 1 North, Range 68 West, 6th P.M. in Weld County, approximately, 2,500 feet from the south line and 1,800 feet from the east line of said Section 32. A map showing the approximate locations of the above-described structures is attached to the Application as Exhibit 1. D. The sources of water: Vista Ridge Pump and Pipeline: Coal Creek; Vista Ridge Storage System: Coal Creek. In addition to water diverted and stored under the priorities claimed herein, the system has also diverted and stored water pursuant to the operation of lawful exchanges and reusable water leased or purchased from upstream water users. E. The Date of Appropriation: October 28, F. The amounts of water decreed absolute and conditional in the 02CW307 Decree: (1) Vista Ridge Pump and Pipeline: 3.01 cfs, absolute for irrigation and storage uses cfs, conditional for irrigation and storage uses cfs, conditional for all other claimed uses described in paragraph 3G of this Application. (2) Vista Ridge Storage System: Hole 7 Pond 5.41 acre feet, conditional; Hole 8A Pond 8.45 acre feet, conditional; Hole 8B Pond 2.56 acre feet, conditional; Hole 9 Pond 7.32 acre feet, conditional; Hole 13 Pond acre feet, absolute (irrigation and storage), acre feet, conditional (all other uses); Hole 17 Pond acre feet, conditional; Hole 18 Pond 5.80 acre feet, conditional. Total acre feet: absolute (irrigation and storage), acre feet conditional (irrigation and storage), acre feet, conditional (all other uses). (3) Rate of diversion in cfs for filling reservoirs: 6.0 cfs. Absolute rate of diversion of 3.01 cfs. Conditional rate of diversion of 2.99 cfs. G. The uses of the water. Municipal uses within the Town of Erie, including irrigation of the Vista Ridge Golf Course and associated open space located in Sections 30, 32, and 33 of Township 1 North, Range 68 West of the 6th P.M., lake level maintenance, construction, fire protection, recreation, piscatorial, and storage. Such use DATE FILED: March 22, 2013 shall include the right to make a fully consumptive use of the water for the above-described purposes and to use, reuse and successively use the water to extinction. 4. 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: A. The entire Vista Ridge water system has been completed and utilized for the beneficial purposes claimed herein. Approximately $699, was spent on construction, operation and maintenance of the water

5 system during the diligence period. B. Water has been diverted in priority during the diligence period whenever said water was available and there were demands at the Vista Ridge Golf Course and associated open space, as described in Paragraph 3.G above. The lands irrigated are located within the "Vista Ridge Property Boundary" shown on Exhibit 1. C. In 2011, acre feet were diverted in priority and used in the Vista Ridge water system. The system is operated such that water is stored in the ponds described herein and kept at a full level to the extent possible for recreation and piscatorial purposes on the golf course. In addition, water is currently pumped from Hole 13 Pond and Hole 17 Pond for irrigation. The water diverted in 2011 was sufficient to fill the ponds and to deliver water for irrigation purposes. D. Based upon the work outlined above, the Applicant hereby requests that diligence be awarded for the following structures and uses: (1) Vista Ridge Pump and Pipeline: 2.99 cfs, conditional, for irrigation and storage uses. (2) Hole 7 Pond: 5.41 acre feet, conditional, for irrigation and construction purposes. (3) Hole 8A Pond: 8.45 acre feet, conditional, for irrigation and construction purposes. (4) Hole 8B Pond: 2.56 acre feet, conditional, for irrigation and construction purposes. (5) Hole 9 Pond: 7.32 acre feet, conditional for irrigation and construction purposes. (6) Hole 13 Pond: acre feet, conditional, for construction purposes. (7) Hole 17 Pond: acre feet, conditional, for construction purposes. (8) Hole 18 Pond: 5.80 acre feet, conditional, for irrigation and construction purposes. 5. If claim to make absolute in whole or a part: A. Dates water applied to beneficial use: Numerous days in 2007, 2008, 2009, 2010 and 2011 as shown on Exhibit 2. Amounts: The maximum amount diverted in any water year was acre feet diverted in Water Year 2011 as shown on Exhibit 2. Uses: (1) Hole 7 Pond: lake level maintenance, fire protection, recreation, piscatorial and storage. (2) Hole 8A Pond: lake level maintenance, fire protection, recreation, piscatorial and storage. (3) Hole 8B Pond: lake level maintenance, fire protection, recreation, piscatorial and storage. (4) Hole 9 Pond: lake level maintenance, fire protection, recreation, piscatorial and storage. (5) Hole 13 Pond: lake level maintenance, fire protection, recreation, piscatorial and storage. (6) Hole 17 Pond: irrigation, lake level maintenance, fire protection, recreation, piscatorial and storage. (7) Hole 18 Pond: lake level maintenance, fire protection, recreation, piscatorial and storage. A summary of in-priority diversions is attached to the Application as Exhibit 2. B. Description of Place of Use where water is applied to beneficial use. The lands marked as "Vista Ridge Property Boundary" shown on Exhibit 1 are the place of use where water is applied to beneficial use. 6. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. Colorado National Golf Club, 2700 Vista Parkway, Erie, CO Town of Erie, 645 Holbrook, P.O. Box 750, Erie, Colorado A portion of the Vista Ridge Pipeline is located within the Town of Erie easements on lands owned by W.W.D. Limited Liability Properties, 2101 Ken Pratt Boulevard, Suite 200, Longmont, Colorado. WHEREFORE, Applicant respectfully requests that the Court enter a Decree finding that: (1) The conditional water rights decreed in Case No. 02CW307 for Hole 7, Hole 8A, Hole 8B, Hole 9, Hole 13 and Hole 18 Ponds have been made absolute for all beneficial uses decreed in Case No. 02CW307 except construction and irrigation; and (2) The conditional water right decreed in Case No. 02CW307 for Hole 17 Pond have been made absolute for all beneficial uses decreed in said Case No. 02CW307 except construction. Applicant also respectfully requests that the Court enter a Decree which confirms that diligence has been shown by Applicant on the Vista Ridge Pipeline for the conditional water right decreed in the amount of 2.99 cfs and for irrigation and construction from Hole 7, Hole 8A, Hole 8B, Hole 9 and Hole 18 Ponds and construction from Holes 13 and 17 Ponds. In the alternative, Applicant requests that the Court enter a Decree finding that the Applicant has exercised reasonable diligence toward completion of any of the conditional water rights in the event that the Court does not find that said conditional water right or a portion thereof has been made absolute, including findings that Applicant can and will develop the conditional water rights, and that the conditional water rights will be continued for another statutory diligence period. (8 Pages, 2 Exhibits) 13CW3005 Case number voided, application withdrawn.

6 13CW3006 Roxborough Water and Sanitation District, c/o Larry D. Moore, General Manager, 6222 North Roxborough Park Road, Littleton, Co (Steven P. Jeffers, Madoline Wallace-Gross, Lyons Gaddis Kahn & Hall, PC, P.O. Box 978, Longmont, CO , (303) ) APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN DOUGLAS AND JEFFERSON COUNTIES. 2. Name of decreed conditional water right: Roxborough-Meadow Ditch Exchange. 3. Description of Conditional Water Right: The original decree was entered March 23, 2007, in Case No. 05CW30, District Court, Water Division No Location and Structures: The exchange will operate between Chatfield Reservoir and the High Line Canal or the Strontia Springs Reservoir. The water exchanged to Strontia Springs Reservoir may then be diverted through Conduit 26 to Denver s Foothills Water Treatment Plant ( FWTP ) or through Aurora s Rampart Tunnel to Rampart Reservoir and the Roxborough Water Treatment Plant ( RWTP ). a. The exchange-from point is Chatfield Reservoir. The right abutment of Chatfield Dam is located in Douglas County, in Sections 6 and 7, Township 6 South, Range 68 West of the 6th P.M. The left abutment of the dam is located in Jefferson County, in Section 1, Township 6 South, Range 69 West of the 6th P.M. b. The exchange-to points are the Strontia Springs Reservoir and diversion dam and the High Line Canal. The Strontia Springs Reservoir is an existing structure with a diversion dam located on the South Platte River in the NW1/4 of the NW1/4 of Section 21, Township 7 South, Range 69 West, 6th 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. That location is 780 feet from the North line and 945 feet from the West section line. The decreed location of the High Line Canal headgate is on the southeast bank of the South Platte River in the NW1/4 of the SE1/4 of Section 33, Township 6 South, Range 69 West of the 6th P.M., in Douglas County at a point where the SE corner of Section 33 bears South 37º51 East a distance of 2,242 feet, or approximately 1700 feet t from the South line and 1380 feet from the East Section line.. A map showing the general location of the structures is attached as EXHIBIT A. 5. Decreed Source: Water will be diverted from the South Platte River at the upstream diversion points in exchange for delivery at the downstream point of consumptive use water from the Meadow Ditch as changed in Case No. 05CW30, or other sources acquired or appropriated by Roxborough and approved by separate water court decree. 6. Decreed Amount: 10.0 cfs, CONDITIONAL. 7. Date of Appropriation: January 11, Decreed 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. 9. Claim for Diligence, including Expenditures: In furtherance of the conditional water right, Applicant has expended approximately $46,775 during the diligence period on the following activities: a. Completed maintenance and repair work on the Meadow Ditch and Lambert Reservoir outlet and dam, including work required in response to dam inspection by the State Engineer and replacement of staff gage as recommended by the Water Commissioner. b. Continued leasing water for irrigation use pending permanent change to municipal use. c. Updated ditch and reservoir accounting as requested by the Division Engineer. d. Modified ditch operation and maintenance agreements to accommodate use by the other owner of the Meadow Ditch without interfering with Applicant s approved municipal use. e. Opposed other water court cases 2005CW270 and 2006CW294 to protect Roxborough s interest in this water right.10.if a Claim to Make Absolute, Date Water Applied to Beneficial Use: Not applicable. 11. 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 structures or will be constructed or upon which water is or will be stored: a. Chatfield Reservoir is owned and operated by the United States Army Corps of Engineers, whose address is 9307 S. Wadsworth Blvd., Littleton, Colorado b.The High Line Canal, Strontia Springs Reservoir and Conduit 26are owned by the City and County of Denver, acting by and through its Board of Water Commissioners, whose address is 1600 W. 12thAvenue, Denver, CO c.Aurora Rampart Tunnel is owned by the City of Aurora and operated by the City of Aurora Utilities, whose address is E. Alameda Parkway, Aurora, Colorado80012.WHEREFORE, Applicant respectfully requests the Court enter a decree finding that Applicant has exercised reasonable diligence in the

7 development of the conditional water right and continuing the conditional water right for an additional six years. 13CW3007 (W , 80CW106, 84CW126, 88CW189, 95CW093 and 05CW192) Deward E. Walker, Jr. P.O. Box 4147, Boulder, CO 80306Telephone: (303) APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE IN BOULDER COUNTY. Name of structure: Licketysplit Pipeline3.Description of conditional water rights: Licketysplit Pipeline was originally adjudicated in Case No. W , Water Division No. 1, by decree dated April 27, Previous diligence decrees have been entered in Case No. 80CW106, entered March 23, 1983, Case No. 84CW126, entered October 8, 1988, Case No. 88CW189, entered April 28, 1989, Case No. 95CW093 dated July 2, 1999 and 05CW192 entered March 27, A. The legal description of the Licketysplit Pipeline: The alternate points of diversion are, first, at a point on Four Mile Creek whence the Southeast corner of Section 19, Township 1 North, Range 71 West of the 6th P.M., Boulder County, bears South 38 degrees 14 minutes East, 5,435 feet; and second, the relocated well and intake pipe located at a point on the South bank of Four Mile Creek, whence the southeast corner of Section 19, Township 1 North, Range 71 West of the 6th P.M., Boulder County, bears South 21 degrees 10 minutes East, 5,038 feet, from which well it derives a supply of water. B. The source of water: Four Mile Creek, tributary to Boulder Creek, tributary to the South Platte River C. The dates of appropriation: September 27, 1934 for mining and milling purposes; September 5, 1967 for domestic, municipal, stock watering and irrigation purposes. D. The amount of water: cubic feet per second, CONDITIONAL. E. The use of the water: Mining, milling, domestic, municipal, stock watering, irrigation of not over one acre.4.provide a detailed outline of what has been done toward completion or for completion of the appropriations and application of water to a beneficial use as conditionally decreed: A. Applicant has entered into an agreement with the Four Mile Canyon Fire Protection District to construct jointly a point of diversion for the subject pipeline. The District has completed construction of a new fire station near the point of diversion and will use the structure for fire protection purposes. During the diligence period, applicant has continued discussions with the District on water use and has completed construction of a road needed for installation of the pipeline. The pipeline will be installed in the shoulder of the road recently completed. Applicant has also completed planting of numerous new trees which will be watered with supply from the new pipeline when it is completed. B. During the diligence applicant constructed a diversion facility and also completed road improvements which are necessary for completion of the pipeline that must traverse approximately 3,500 feet of very steep terrain. The Licketysplit diversion served as a water source for several water companies during the Four Mile Canyon fire of This water source will continue to be an element of applicant s Dept. of Agriculture forest management program (see NRCS contract #EQUIP 2008, 748BO511; , Farm # 1668, tract #9923). It will also continue to serve applicant s mining prospecting activity (see permit #P , Colorado State Department of Natural Resources, DRM5). WHEREFORE, applicant requests that the court find diligence in the development of Licketysplit Pipeline and continue the conditional decree for said structure for the statutory period. 13CW3008 (W-1164, W , 85CW014, 89CW006, 95CW140 and 05CW193) Deward E. Walker, Jr. P.O. Box 4147, Boulder, CO Telephone: (303) c/o Stephen T. Williamson, Law Office of Stephen T. Williamson, P.O. Box 850, 813 Main Street, Louisville, CO ). APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE IN BOULDER COUNTY. Names of structure: Sunbeam Gulch Creek 3. Description of conditional water rights: Sunbeam Gulch Creek was originally adjudicated in Case No. W-1164, Water Division No. 1, by decree dated June 22, Previous diligence decrees have been entered in Case No. W , entered March 31, 1981, Case No. 85CW014, entered January 28, 1985, Case No. 89CW006, entered June 29, 1989, Case No. 95CW140 entered July 2, 1999, and Case No. 05CW193 entered March 27, A. The legal description of Sunbeam Gulch Creek: At the following points from the SE Corner, Section 19, Township 1 North, Range 71 West of the 6th P.M., Boulder County: 1.North 1 degree, 33 minutes, 43

8 seconds East, 1,906.2 feet 2.North 15 degrees, 28 minutes, 02 seconds East, 2,340.8 feet 3.North 2 degrees, 48 minutes, 25 seconds West, 2,064.3 feet. B. The source of water: Part of the watershed of Four Mile Creek that is located in Sunbeam Gulch. C. The date of appropriation: May 31, 1970D.The amount of water: 1.33 cubic feet per second, CONDITIONAL. E. The use of the water: Irrigation of approximately 25 acres in Section 20, Township 1 North, Range 71 West, 6th P.M., Boulder County, domestic use and game preserve. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriations and application of water to a beneficial use as conditionally decreed: A. Applicant has constructed the diversion facilities with his own labor and equipment. Water has been diverted to a garden area and used for irrigation purposes. Applicant has also completed the planting of numerous new trees which are watered from this source. Due to the drought, very little water has been legally and physically available for diversion during the diligence period. Applicant also acquired additional senior water rights in this drainage from the Estate of Alfred E. Koenig to help support these diversions. B. These three points of diversion are currently used as sources of water for two storage ponds described in Case No. 05CW194. WHEREFORE, Applicant requests that the court find diligence in the development of Sunbeam Gulch Creek and continue the conditional decrees for said structures for the statutory period. 13CW3009, (W-1672, W , 85CW013, 89CW007, 95CW139 and 05CW194) Deward E. Walker, Jr. P.O. Box 4147, Boulder, CO 80306, Telephone: (303) , (c/o Stephen T. Williamson, Law Office of Stephen T. Williamson, P.O. Box 850, 813 Main Street, Louisville, CO ) APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE IN BOULDER COUNTY. 2. Names of structures: Sunbeam Gulch Pond No. 1 Sunbeam Gulch Pond No. 33. Description of conditional water rights: Sunbeam Gulch Pond Nos. 1 and 3 were originally adjudicated in Case No. W-1672, Water Division No. 1, by decree dated December 8, Previous diligence decrees have been entered in Case No. W , entered May 8, 1981, Case No. 85CW013, entered January 28, 1985, Case No. 89CW007, entered June 29, 1989, Case No. 95CW139 entered July 2, 1999 and Case No. 05CW194 entered March 27, A. The legal description of the structures: Sunbeam Gulch Pond No. 1: Initial point of survey is located at a point North 1 degree, 33 minutes, 43 seconds East, 1,906.2 feet from the SE corner Section 19, Township 1 North, Range 71 West of the 6th P.M., Boulder County. Sunbeam Gulch Pond No. 3: Initial point of survey is located at a point North 15 degrees, 28 minutes, 02 seconds East, 2,340.8 feet from the SE corner Section 19, Township 1 North, Range 71 West of the 6th P.M., Boulder County. B. The source of water: Sunbeam Gulch Pond No. 1, and No. 3: Sunbeam Gulch tributary to Boulder Creek. C. The dates of appropriation: Sunbeam Gulch Pond No. 1: July 15, 1980; Sunbeam Gulch Pond No. 3: July 15, 1980.D. The amount of water: Sunbeam Gulch Pond No. 1: 0.45 acre feet, CONDITIONAL; Sunbeam Gulch Pond No. 3: 0.02 acre feet, CONDITIONAL. E. The use of the water :Sunbeam Gulch Pond No. 1, and No. 3: Irrigation in the SE 1/4NW1/4 Section 20, Township 1 North, Range 71 West, 6th P.M., Boulder County, and game preservation, together with other waters.4.provide a detailed outline of what has been done toward completion or for completion of the appropriations and application of water to a beneficial use as conditionally decreed: A. Applicant has constructed the ponds with his own labor and equipment. Water has been stored in both ponds and then diverted to a garden area and used for irrigation purposes. Applicant has also completed planting of numerous new trees which are watered from these sources. Due to the drought, very little water has been legally and physically available for diversion during the diligence period. Applicant also acquired additional senior water rights in this drainage from the Estate of Alfred E. Koenig to help support these diversions. B. During the diligence period the ponds were both repaired due to damage from alternating flooding and drought conditions. The stored water has permitted some irrigation of gardening and reforestation projects in cooperation with the State Forest Service and the federal NRCS. The ponds have permitted establishment of two populations of fish. The two ponds have also been planted with spruce and plum trees as conservation measures. The ponds also serve as water supplies for fire suppression and for game including deer, bear, cougar, coyote, other small game and birds such as turkeys. Access roads to the ponds have been improved with gates and pipelines. WHEREFORE, applicant requests that the court

9 find diligence in the development of Sunbeam Gulch Ponds No. 1 and No. 3 and continue the conditional decrees for said structures for the statutory period. 13CW3010 (99CW213 and 06CW173) Abbey of St. Walburga, 1029 Benedictine Way, Virginia Dale, Colorado (James J. Petrock, Petrock & Fendel, th Street, #1800, Denver, CO 80202), APPLICATION TO MAKE CONDITIONAL WATER RIGHT ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE, LARIMER COUNTY, 2. Decree Information: Decreed on July 21, 2000, in Case No. 99CW213, District Court, Water Division Name and location of structure: Abbey Pond, located in the NE1/4NE1/4 of Section 8, T11N, R71W of the 6th P.M., at a point approximately 200 feet from the east and 1000 feet from the north section line of said Section 8 (Attachment A). 4. Source of water: Abbey Spring and Fish Creek, a tributary of Dale Creek, a tributary of the Cache La Poudre River. 5. Date of appropriation: September 8, Amount of water claimed: 2 acre-feet and 1 refill right (conditional). 7. Conditional uses: Domestic, commercial, fire protection, recreation, wildlife and fish propagation, irrigation of lawn and garden area around the main building not to exceed 0.5 acres, and replacement and augmentation purposes. MAKE ABSOLUTE. 8. The Abbey Pond is completed, has been filled in priority between June 3 and July 9, 2009, and the water subsequently used for fire protection, recreation, wildlife and fish propagation, and irrigation of garden area around the main Abbey building. The pond is the source of fire protection water for the sprinkler system in the main Abbey building. Applicant requests that the conditional storage right of 2 acre-feet right be made absolute for these conditional uses. Applicant will abandon the domestic and commercial conditional uses since use of the water for those purposes from the pond is not feasible. In the alternative and if this amount is not made absolute, Applicant requests that a diligence finding also be made to continue these conditional rights pursuant to the activity described below. REASONABLE DILIGENCE. 9. This Application for Finding of Reasonable Diligence is filed pursuant to the Water Right Determination and Administration Act of 1969, , C.R.S. During this diligence period, in continuing the development of the conditional water rights, Applicant has been engaged in the legal defense and protection of said water rights and has been diligent in the development of the water rights involved. The development of the Abbey property is ongoing and use of the Abbey Pond is an integral part of said development, and is part of a unified water supply system for the property, in addition to the Abbey Well No. 1 and alternate Wells No. 1 and 2. (Part of the conditional rights associated with two of the wells were made absolute in Case No. 09CW115). During the diligence period, Applicant has kept the pond full when in priority and has used the water for the conditional uses described above. Additionally, Applicant continues to maintain, repair, and keep the pond in good working condition, including maintenance of an aerator for fish propagation. Further, Applicant prays that this Court grant the amended application and for such other relief as seems proper in the premises. (4 pages). 13CW3011 (W-5488, 82-CW134, 86CW109, 90CW056, 96CW187 and 05CW195) Deward E. Walker, Jr., P.O. Box 4147, Boulder, CO 80306, Telephone: (303) N(c/o Stephen T. Williamson, Law Office of Stephen T. Williamson, P.O. Box 850, 813 Main Street, Louisville, Co 80027, Phone ). APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE IN BOULDER COUNTY. 2. Name of structure: Baron Well 3. Description of conditional water rights: The Baron Well is an existing well which was originally adjudicated in Case No. W-5488, Water Division No. 1, by decree dated May 9, Previous diligence decrees have been entered in Case No. 82CW134, entered October 1, 1984, Case No. 86CW109, entered October 5, 1988, Case No. 90CW056, entered August 29, 1990, Case No. 96CW187, entered July 2, 1999 and Case No. 05CW195 entered March 27, A. The legal description of the structure: Section 18, Township 1 North, Range 71 West of the 6th P.M., Boulder County, Colorado, at a point bearing North 42 55ʹ45" West, 1, feet from the East quarter corner of said Section 18. B. The source of water: Groundwater tributary to Fourmile Creek, tributary to Boulder Creek. C. The date of appropriation: June 29, D. The amount of water: cubic feet per second (50 gallons per minute), CONDITIONAL. E. The use of the water: Domestic use for one single family welling, fire protection, mining and milling purposes. 4. Provide a detailed outline

10 of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed: A. Applicant donated land to the Four Mile Fire Protection District for a fire station and has conducted negotiations and entered into an agreement with said District to provide water for fire fighting emergencies. Work has continued on plans to build an elevated water storage tank which would be supplied by this well. Due to funding difficulties, the tank has not yet been completed, but remains part of the overall plan. Applicant also acquired additional senior water rights in this drainage from the Estate of Alfred E. Koenig to help support these diversions. B. The Baron Well has been shared with the Four Mile Fire Protection District. Unfortunately, the well house and wiring were destroyed during the Four Mile Canyon fire of Applicant has cleaned up the site and rebuilt the access bridge and road to the Baron Well site that was seriously damaged by flooding resulting from the Four Mile Canyon fire of Applicant intends to continue restoring the well house and electrical service for the well. WHEREFORE, applicant requests that the court find diligence in the development of the Baron Well and continue the conditional decree for said structure for the statutory period. 13CW3012 Western Sugar Cooperative, 7555 E. Hampden Ave., Ste 600, Denver, CO APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN PART CONDITIONAL WATER RIGHTS, IN MORGAN COUNTY. All future correspondence and pleadings to: Daniel K. Brown, Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Rd., Ft. Collins, CO 80525, (970) Background and Purpose of Application: In Case No. 03CW453, District Court, Water Division No. 1, the Court decreed to the Western Sugar ground water rights for three wells (collectively the Wells ) located on Western Sugar s Fort Morgan Plant property (the Property ) located in the SW1/4 of Section 31, Township 4 North, Range 57 West of the 6th P.M., and the SE1/4 of Section 36, Township 4 North, Range 58 West of the 6th P.M. The water pumped from the Wells is used to supply water to Western Sugar s Fort Morgan sugar beet processing plant (hereinafter Plant ). 3. Name of Structures. The Wells were decreed in Case No. 03CW453, entered March 1, 2007 in the District Court of Water Division No. 1 as follows: 3.1Fort Morgan Plant Well #1, or Well #1 (Well Permit No F):A. Legal description of well: SE1/4 of the SW1/4 of Section 31, Township 4 North, Range 57 West of the 6th P.M. B. Source: Ground water tributary to the South Platte River. C. Amount Decreed: 7.77 c.f.s. (3,500 g.p.m) Total c.f.s (2,700 g.p.m.) ABSOLUTE; 1.77 c.f.s. (800 g.p.m.) CONDITIONAL. D. Date of appropriation: December 31, E. Uses: Used, reused and/or exchanged for commercial, industrial, recharge, augmentation and replacement purposes. 3.2 Fort Morgan Plant Well #2, or Well # 2: A. Name of well: The Fort Morgan Well #2. (Well Permit No F). B. Legal description of well: SE1/4 of the SE1/4 of Section 36, Township 4 North, Range 58 West of the 6th P.M. at a point that is 159 feet North and 1004 feet West of the Southeast Corner of said Section 36. C. Source: Ground water tributary to the South Platte River. D. Amount decreed: 6.66 c.f.s. (3,000 g.p.m.), CONDITIONAL E. Date of appropriation: December 31, F. Uses: Used, reused and/or exchanged for commercial, industrial, recharge, augmentation and replacement purposes. 3.3 Fort Morgan Plant Well #3, or Well # 3, (Well Permit No F): A. Name of well: The Fort Morgan Well #3. B. Legal description of well: SW1/4 of the SW1/4 of Section 31, Township 4 North, Range 57 West of the 6th P.M., at a point which is 33 feet North and 1,241 feet East of the Southwest Corner of said Section 31. C. Source: Ground water tributary to the South Platte River. D. Amount decreed: 6.66 c.f.s. (3,000 g.p.m.), CONDITIONAL E. Date of appropriation: December 31, F. Uses: Used, reused and/or exchanged for commercial, industrial, recharge, augmentation and replacement purposes. 4. Diligence. The Wells are used to supply water for cooling and processing purposes at the Plant for beet processing. During the diligence period, each of the Wells was pumped for their decreed purposes in the amounts listed below. The pumping of the Wells was augmented pursuant to the augmentation plan decreed in Case No. 03CW453. Applicant has operated the augmentation plan and the Wells to supply water to the Plant each season during the beet processing campaign. In addition to the costs of operating the Wells and the Plant, Applicant has expended approximately $20,000 annually in maintenance of the Wells and related systems, as well as the cost of staff time spent maintaining wells and accounting for well usage. Applicant also expended funds on engineering and legal services related to the operation of

11 the Wells and the augmentation plan decreed in 03CW453, totally at least $30,000 during the diligence period. The following additional maximum amounts were diverted during the diligence period: Fort Morgan Well No. 2: 6.62 cfs (2,970 gpm) on March 8, 2012 and Fort Morgan Well No. 3: 2.31 cfs (1,038 gpm) on February 25, Accordingly, Applicant seeks a decree to make the foregoing amounts absolute, with the remaining amounts for Fort Morgan Wells Numbers 1-3 remaining conditional for an additional diligence period, as follows:a. Fort Morgan Well No. 2: 6.62 cfs (2,970 gpm) ABSOLUTE; 0.04 cfs (30 gpm) CONDITIONAL. B. Fort Morgan Well No. 3: 2.31 cfs (1,038 gpm) ABSOLUTE; 4.35 cfs (1,962 gpm) CONDITIONAL. 5. Western Sugar is the owner of the land upon which the Wells are located and where the water is and will be used. This application does not involve any new diversion or storage structures or the modification of any existing diversion or storage structures. 13CW3013 Case number voided, application not accepted due to inappropriate filing. 13CW3014 MARK T. DEAN and MUSETTA DEAN, Hinsdale Ave., Foxfield, CO Robert E. Schween, Esq., Robert E. Schween, P.C., E. Border Rock Road, No. 2, Tucson, CO., APPLICATION FOR NONTRIBUTARY AND NOT-NONTRIBUTARY GROUND WATER RIGHTS IN THE LOWER DAWSON, DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AQUIFERS AND PLAN FOR AUGMENTATION, in ARAPAHOE COUNTY. 2. Purpose of Application: The purposes for this application are to adjudicate (I) all Denver Basin aquifer ground water underlying Applicant s property; and (II) a plan for augmentation for withdrawal of notnontributary Denver aquifer ground water. I. Ground Water Adjudication: 3. Well Permits: Well permit applications for the wells to be constructed pursuant to this application and subsequent decree will be applied for at such time as Applicants are prepared to construct such wells pursuant to the terms of the decree to be entered in this matter. 4. Names, Description, and Estimated Depths of Wells: A. The wells which will withdraw ground water from each aquifer underlying the land described herein will be located on Applicants property that is subject to this application, consisting of 2.41 acres, more or less, located in the SW1/4 of the SE1/4 of Section 28, Township 5 South, Range 66 West of the 6th P.M., in Arapahoe County, Colorado. See Figure 1, General Location Map, Figure 2, Site Location Map, and Exhibit B, Property Legal Description, attached hereto. B. Applicants request the right to construct such wells anywhere on the overlying property to recover the entire allowable annual amounts from each aquifer. C. The average depths from the land surface to the base of the aquifers at the location of Applicants property described herein are as described in the Denver Basin Rules, 2 CCR Actual well completion depths will be consistent with actual aquifer base depths at the particular well location. 5. Source of Ground Water Rights: Nontributary and Not-Nontributary Ground Water in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills Aquifers. A. The ground water contained in the Arapahoe and Laramie-Fox Hills aquifers at this location is nontributary as defined at C.R.S (10.5), Applicants may withdraw, use, and fully consume such ground water, except that two percent (2%) of all such nontributary ground water withdrawn must be relinquished to the stream system. B. The ground water in the Lower Dawson and Denver aquifers at this location is classified as not-nontributary as defined at C.R.S (10.7). Applicants may not obtain a well permit and withdraw such ground water until an augmentation plan is approved for the replacement of injurious stream depletions caused. Such plan is sought in this application, below. 6. Background: Applicants file this application for water rights pursuant to C.R.S as a water matter concerning nontributary or not-nontributary ground water. Applicants are the owners of the overlying land area as described herein. 7. Date of Initiation of Appropriation: Not Applicable. 8. Right to Ground Water Claimed Herein: Applicants seek a decree for all ground water determined to be available from the named aquifers underlying Applicants property described herein, based upon a statutory aquifer life of 100 years. 9. Estimated Average Annual Amounts of Withdrawal: A. The estimated average annual amounts of withdrawal available from the named aquifers underlying Applicant s property are as follows: Lower Dawson AF; Denver AF; Arapahoe AF; Laramie-Fox Hills AF. B. The final average annual amounts available from each aquifer will depend upon the actual hydrogeology and the legal entitlement