DISTRICT COURT, WATER DIVISION NO. 2, COLORADO ------RESUME OF CASES FILED DURING DECEMBER 2000 ------TO: ALL INTERESTED PARTIES

Pursuant to C.R.S. 37-92-302, you are hereby notified that the following is a resume of applications, and certain amendments, filed during December 2000, in Water Division No. 2. The names and addresses of applicants, description of water rights or conditional water rights involved and description of ruling sought as reflected by said applications, or amendments, are as follows: ------CASE NO. 97CW108 – HARRY R. WILLIS, BARBARA ANDREATTA, ELIZABETH KREUTZER, THE WILLIS FAMILY LIMITED PARTNERSHIP, c/o 1370 County Road 358, La Veta, CO 81055-9600 and TRAVIS R. CRAWFORD, 4775 Broadlake View, Colorado Springs, CO 80903 (Holly I. Holder and Carrie L. Ciliberto, Holly I. Holder, P.C., Attorneys for Co-Applicants, Harry R. Willis, Barbara Andreatta, Elizabeth Kreutzer, and the Willis Family Limited Partnership, 518 17th Street, Suite 1500, Denver, CO 80202; and James G. Felt and James W. Culichia, Felt, Monson & Culichia, LLC, Attorneys for Co- Applicant Crawford, 319 North Weber Street, Colorado Springs, CO 80903) Third Amended Application for Change of Water Right and Approval of Plan for Augmentation Huerfano County Come now, Applicants, Harry R. Willis, Barbara Andreatta, Elizabeth Kreutzer, and the Willis Family Limited Partnership, by and through their attorneys, Holly I. Holder, P.C., and hereby amend the application filed September 30, 1997, and amended on April 20, 1998 and June 16, 1998 as follows: 1. Applicants, Harry R. Willis, Barbara Andreatta, Elizabeth Kreutzer, and the Willis Family Limited Partnership hereby add Travis R. Crawford as Co-applicant in this matter. As such, Mr. Crawford will seek an Order of the Court withdrawing his Statement of Opposition filed in this case and in Case No. 97CW108(C). 2. Applicants also seek to add the following wells as structures to be augmented: Test Hole 1 Well, located in the E½ of Section 26, Township 28 South, Range 68 West of the 6th P.M. in Huerfano County, Colorado, being 1,183.05 feet west of the east section line and 935.42 feet north of the south section line, as well as any other wells Co-applicants may desire on land owned by Silver Mountain Preserve, Inc., a corporation of which Travis R. Crawford is the president, which land is more particularly described on Exhibit A attached to the Third Amended Application and available for inspection at the Office of the Clerk for Water Division No. 2. 3. All other matters remain the same as shown in the September 1997, April 1998 and June 1998 resumes for Water Division 2. WHEREFORE, Applicant prays that this Court enter a decree for the relief requested in this amended application and for such further relief as the Court deems proper in the premises.

1 (Third Amended Application for Change of Water Right and Approval of Plan for Augmentation, 10 pages) ------CASE NO. 99CW178 – KURT H. WESTMAN, 10630 W. Perimeter Road, Suite 100, Ft. Wayne, IN 46809 (Brian M. Nazarenus, Friedlob Sanderson Paulson & Tourtillott, Attorneys for Applicant, 1400 Glenarm Place, Suite 300, Denver, CO 80202-5099) Amended Application for Conditional Appropriative Water Rights, Application for Change of Water Rights, and Amended Claim for Plan for Augmentation Fremont County Kurt H. Westman, acting by and through his attorneys, Friedlob Sanderson Paulson & Tourtillott, LLC, amends his application in the above-captioned case as follows: I. EXPLANATION OF AMENDMENTS In December 1998, Kurt Westman filed an amended application with the Division 2 Water Court for conditional water storage rights in case no. 98CW170. That application seeks to appropriate conditional water storage rights for two small reservoirs for recreation, fish propagation and piscatorial purposes. The application seeks to use water from Banita Creek, a tributary of Howard Creek, which is a tributary of the Arkansas River. A second application was filed by Kurt Westman in December of 1999, seeking approval of a plan for augmentation and conditional appropriative right of exchange in case no. 99CW178. The second application sought to adjudicate an exchange and plan for augmentation for the water rights that are the subject of 98CW170. Kurt Westman has subsequently purchased a senior water right on Howard Creek. This senior right will provide a more reliable water supply for Mr. Westman’s reservoirs. Accordingly, Mr. Westman amends his application in case no. 99CW178 to include a claim for a change of water rights and to enable the use of Mr. Westman’s recently acquired senior water rights as a source of substitute supply in case no. 99CW178. II. AMENDMENTS 1. FIRST CLAIM – Application for Change of Water Rights. 1.1 DECREED NAME AND DESCRIPTION OF WATER RIGHTS FOR WHICH CHANGE IS SOUGHT. The water right sought to be changed is an undivided 0.2 cfs interest out of 1.0 c.f.s. in Howard Creek Priority No. 1 (a.k.a. the Gomer Ditch, Arkansas Priority No. 86), being Ditch No. 95 in the decree of the District Court in and for the County of Fremont, State of Colorado, in the matter of priorities of water rights in Water District No. 12. The appropriation date of the water right is April 1, 1872, and the right was decreed by the Fremont County District Court on February 3, 1894. The water right was historically used for irrigation purposes and the source of the water right is Howard Creek, a tributary of the Arkansas River. The point of diversion of the water right is generally located in the Northeast ¼ of Section 3, Township 48 North, Range 10 East, N.M.P.M. 1.2 ENGINEERING ANALYSIS OF HISTORIC CONSUMPTIVE USE Martin and Wood Water Consultants, Inc., have analyzed the historic consumptive use

2 attributable to the Howard Creek Priority No. 1. Based on diversion records, interviews with the owner of the Howard Creek Priority No. 1, and aerial photography dating back to 1938, Martin and Wood have concluded that the historic consumptive use of the 0.2 cfs purchased by Kurt Westman totaled 8.62 acre feet annually. 1.3 PROPOSED CHANGE The Applicant is the owner of the Trail Ridge Ranch in Fremont County, Colorado. In order to enhance the fishing opportunities on the Ranch, the Applicant is preparing to construct two in- stream ponds on Banita Creek as it passes through the Ranch. Banita Creek is a tributary of Howard Creek, a tributary of the Arkansas River. For purposes of this application, the ponds will be known as “Trail Ridge Pond No. 1” and “Trail Ridge Pond No. 2”. 1.3.1 Trail Ridge Pond No. 1. Trail Ridge Pond No. 1 will have a storage capacity of 0.87 acre-feet and is located at a point where the west abutment of the centerline of the dam is a distance of 670.6 feet from the 1/64 corner of the Northeast ¼ of the Southwest ¼, Section 12, Township 48 North, Range 9 East, N.M.P.M. on a bearing of North 43° 11’15” East. 1.3.2 Trail Ridge Pond No. 2. Trail Ridge Pond No. 2 will have a storage capacity of 0.85 acre-feet and is located at a point where the west abutment of the centerline of the dam is a distance of 232.4 feet from the intersection of the center-lines of the Southwest ¼ and the Southeast ¼ of the Northeast ¼ of Section 12, Township 48 North, Range 9 East, N.M.P.M.. on a bearing of South 81°47’04” West. 1.3.3 Mains Ditch. The point of diversion for the Mains Ditch is located on the west side of Howard Creek in the Northeast ¼ of the Northwest ¼ of Section 13, Township 48 North, Range 9 East, N.M.P.M. The Applicant seeks to change the place and type of use of 0.2 c.f.s. of the Howard Creek Priority No. 1 from the Gomer Ditch to the Trail Ridge Ponds No. 1 and No. 2 for recreation, fish propagation, and piscatorial purposes. In addition to directly storing Banita Creek Water in the ponds under the changed water rights, the Mains Ditch, which diverts water from Howard Creek and delivers it to Banita Creek, may be used to divert water from Howard Creek under the changed water rights in order to fill Trail Ridge Ponds No. 1 and No. 2. Applicant seeks the right to use the consumptive use credit attributable to the changed right as a source of substitute supply for its pending application for an appropriative right of exchange, and for the plan for augmentation described in Section 2 below. Applicant seeks the right to sell or lease excess consumptive use credits beyond those necessary to offset or augment depletions attributable to Trail Ridge Ponds Nos. 1 and 2, subject to filing an application and receiving Water Court approval of the new use. 1.4 PROPOSED TERMS AND CONDITIONS FOR THE CHANGE OF HOWARD CREEK PRIORITY NO. 1 WATER RIGHTS. Water under the Applicant’s 0.2 cfs of Howard Creek Priority No. 1 shall be used to fill and maintain the storage levels of the Trail Ridge Ponds Nos. 1 and 2 under the following conditions: 1.4.1 Diversions. Diversions under the 0.2 cfs of the changed Howard Creek Priority No. 1 shall be operated in priority. 1.4.2 Colorado Water Conservation Board. Diversions shall be made only at times when the flow of Howard Creek exceeds the decreed minimum stream flow water rights of the Colorado Water Conservation Board decreed in case no.

3 80CW073. 1.4.3 Monthly Diversion Rates and Volumes. Diversions shall be limited to the following monthly historic diversion rates and volumes: April 16-30 May 1-31 June 1-30 July 1-31 0.01 cfs 0.03 cfs 0.04 cfs 0.04 cfs 0.29 af 1.31 af 1.92 af 1.98 af August 1-31 September 1-30 October 1-31 Annual 0.03 cfs 0.02 cfs 0.01 cfs (NA) 1.61 af 1.13 af 0.38 af 8.62 af 1.4.4 Annual Diversions. Total diversions shall be limited to a maximum volume of 8.62 acre feet annually, which is the annual historic consumptive use. 2. SECOND CLAIM - Amended Claim for Plan for Augmentation 2.1 DESCRIPTION OF WATER RIGHTS TO BE USED FOR AUGMENTATION. The water right to be used for augmentation is Applicant’s undivided 0.2 cfs interest of a 1.0 c.f.s. interest in Howard Creek Priority No. 1, more fully described above in Section 1.1. 2.2 HISTORIC USE OF WATER TO BE USED FOR AUGMENTATION. Martin and Wood Water Consultants, Inc., concluded that the historic consumptive use of the 0.2 cfs purchased by Kurt Westman totaled 8.62 acre feet annually. See section 1.2. 2.3 STATEMENT OF PLAN FOR AUGMENTATION. The water supply for Trail Ridge Ponds No. 1 and No. 2 will consist of two parts: 1) junior water rights operated in priority that are the subject of the application in Case No. 98CW170, Water Division No. 2; and 2) said junior water rights operated out of priority under the plan for augmentation that is the subject of this Application. At times when the junior rights are out-of- priority, the Applicant will provide replacement water to augment the depletions through release of 0.2 c.f.s. of the Howard Creek Priority No. 1 at its present point of diversion. Future diversions at the Gomer Ditch under Howard Creek Priority No. 1 shall be reduced to 0.8 cfs. To protect downstream senior water rights, the Applicant will maintain records of water use and water rights used as a replacement source. 2.4 NAMES OF STRUCTURES TO BE AUGMENTED. 2.4.1 Trail Ridge Pond No. 1. In Case No. 98CW170, a storage capacity of 0.87 acre feet was applied for, with an appropriation date of September 15, 1995. See, description of Trail Ridge Pond No. 1 in Section 1.3. 2.4.2 Trail Ridge Pond No. 2. In Case No. 98CW170, a storage capacity of 0.85 acre feet was applied for, with an appropriation date of September 15, 1995. See, description of Trail Ridge Pond No. 2 in Section 1.3. 2.4.3 Mains Ditch. Described in Section 1.3. 2.5 PROPOSED TERMS AND CONDITIONS. Applicant proposes that the augmentation plan will be operated subject to the following conditions: 2.5.1 Water Physically Available. Water shall be physically available for release at the point of substitution as well as upstream of the points of diversion. 2.5.2 Colorado Water Conservation Board. Diversions shall be made only at times when the flow of the Howard Creek exceeds the decreed minimum stream flow water rights of the Colorado Water Conservation Board decreed in case no. 80CW073. 2.5.3 Substitute Supply. Any substitute supply of water provided herein will be of a quality and quantity to

4 meet the requirements of use to which downstream senior appropriators have normally been put. 2.6 OWNERS OF FACILITIES. The following is a list of owners of the various facilities which are the subject of this application: 2.6.1 Trail Ridge Ponds Nos. 1 and 2. The Applicant is the owner and operator of Trail Ridge Ponds Nos. 1 and 2. 2.6.2 Mains Ditch. The Applicant is the owner of Mains Ditch No. 1. 2.6.3 Gomer Ditch. Mr. Donn Pease is the owner of the Gomer Ditch. Accordingly, the Applicant requests that the Court grant his AMENDED APPLICATION FOR CONDITIONAL APPROPRIATIVE WATER RIGHTS, APPLICATION FOR CHANGE OF WATER RIGHTS, AND AMENDED CLAIM FOR PLAN FOR AUGMENTATION, as requested herein. Any statement of opposition filed to the original applications in 98CW170 or 99CW178 shall be considered applicable to this amended application. (Application and attachments, 8 pages) ------CASE NO. 00CW63 – FERN SCHREDER, 6005 Overton Road, Pueblo, CO 81008 Amended Application for Change of Water Right Pueblo County 2. Decreed named of structure for which change is sought: Lattimer #2, #3, #4, #5, #6. All are wells. 3. From previous Decree: A. Date Entered: June 7, 1974; Case No. W-3307; Court: Water Div. #2. B. Decreed point of diversion: NE ¼ of the SW ¼ of Section 7, Township 18 South, Range 64 West of the 6th P.M., Pueblo County, Colorado. C. Source: Fountain River; D. Appropriation Date: #2 – 5/31/52; #3 - 5/31/45; #4 – 6/30/39; #5 – 6/30/39; #6 – 5/31/54. Amount: 3900 g.p.m. E. Historic use: Use of rights will not change. 4. Proposed change: (a) Well #3, 5 and 6 are no longer usable and have been abandoned. Well #4 has only approximately 300 g.p.m. available instead of the 600 g.p.m. it was originally designed for. The new wells will replace #3, 5, and 6 and 300 g.p.m. of #4. Wells #2, #3A, #4, #4A, #5A, and #6A to be used as alternate points of diversion for each other; (b) Amended Points of Diversion: #5A, Well Permit #49756F and 13615R-R; Location: NE ¼ of the NW ¼ Sec. 19, Twp. 18 S., Range 64 W., 6th P.M., Pueblo County, Colorado, 200 feet from the north section line and 3840 feet from the east section line. #4A, Well Permit #054819F; Location; SE ¼ of the SW ¼, Sec. 18, Twp. 18 S., Range 64 W., 6th P.M., Pueblo County, Colorado, 1000 feet from the south section line and 2150 feet from the west section line; #6A, Well Permit #049757F and 13616R-R; Location: SW ¼ of the SE ¼ Sec. 18, Twp. 18 S., Range 64 W., 6th P.M., Pueblo County, Colorado, 210 feet from the south section line and 1505 feet from the east section line; #3A, Well Permit #049758F and 13613R-R; Location: SW ¼ of the SE ¼ Sec. 18, Twp. 18 S., Range 64 W., 6th P.M., Pueblo County, Colorado, 1000 feet from the south section line and 2100 feet from the east section line. (c) The use will not change. 491 acres that have been irrigated will continue to be irrigated. (d) The amount of water will not change. 5. Name and address of owner of land on which structures are located: Applicant.

5 (Amended Application and attachments, 5 pages) ------CASE NO. 00CW126 – J. NEAL RUTLEDGE and VALERIE MYERS RUTLEDGE, 4401 Green Cliffs Road, Austin, TX 78746 (M. E. MacDougall, MacDougall, Woldridge & Worley, Attorneys for Applicants, 530 Communication Circle, Suite 204, Colorado Springs, CO 80905) Application for Water Rights (Surface) Las Animas County 2. Name of structure: John Edward Rutledge Spring. 3. Legal description of each point of diversion: In the SW1/4 NE1/4 Section 19, Township 31 South, Range 68 West, 6th P.M., within Parcel 41A, Filing 3, Cuchara Pass Ranch, Las Animas County, Colorado, about 1,500 feet from the North Line and about 1,875 feet from the East Line of said Section 19. (NOTE: This spring is depicted by the USGS topographic map for Cucharas Pass, Colorado Quadrangle, where it is marked “Goemmer Spring”, a copy of the pertinent part of that map is attached to the Application and available for inspection at the Office of the Clerk for Water Division No. 2). 4. Source (tributary and river): Ephemeral and intermittent unnamed stream tributary to Guajatoyah Creek in turn tributary to Purgatoire River. 5. A. Date of initial appropriation: July 10, 1999, the date of the Deed to Applicants, which deed was recorded August 6, 1999, at Book 980, Page 162, Las Animas County Records. B. How appropriation was initiated: Spring was developed, water used. C. Date water applied to beneficial use: July 10, 1999. 6. Amount claimed: 0.017 cfs (7.6 gallons per minute) Absolute. 7. Use or proposed use: The same purposes set forth in C.R.S. 37-92-602, as follows: ***not exceeding fifteen gallons per minute of production and used for ordinary household purposes, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches and for the irrigation of not over one acre of home gardens and lawns but not used for more than three single-family dwellings, and the water usage shall not exceed one-acre foot of annual withdrawals for each thirty-five acres within the property and will be used solely for the purposes specified in paragraph (b) of subsection (1) of this Section 602, Article 92, Title 37, C.R.S., and the return flow from such uses shall be returned to the same stream system in which the spring is located. A. If irrigation, complete the following: Number of acres historically irrigated: Less than one. Proposed to be irrigated: One. Legal description of acreage: Parcel 41A, Filing 3, Cuchara Pass Ranch, Las Animas County. B. If non-irrigation, describe purpose fully: Domestic, recreational, and stock watering. 8. Name and address of owner of land on which points of diversion and place of uses are located: J. Neal Rutledge and Valerie Myers Rutledge, 4401 Green Cliffs Road, Austin, TX 78746. 9. Remarks: Applicants request a finding similar to that made pursuant to the exempt well statute (37-92-602, C.R.S.), that there will not be material injury to the vested rights of others or to any existing well resulting from the aforementioned uses of John Edward Rutledge Spring pursuant to the terms and conditions set forth above.

6 (Application and attachments, 5 pages) ------CASE NO. 00CW127 – RAYLYNN OLIVER & DAVID ROBINSON, 5600 Broad Branch Rd. NW, Washington, DC 20015 Application for Water Rights (Surface) 2. Name of Structure: Ak Su. 3. Legal Description of each point of diversion: 646.75 feet west then 3 feet south of section corners 15, 16, 21, 22, T17S, R73W of the 6th P.M. Located on South T-Bar Ranch Filing 4 Parcel 82. 4. Source: Spring. 5. A. Date of initiation of appropriation: Unknown. B. How appropriation was initiated: Tank installed at unknown date. C. Date water applied to beneficial use: As Above. 6. Amount claimed: .00056 cfs (1/4 gpm), conditional. 7. Use or proposed use: Livestock/Wildlife. A. If irrigation, complete the following: N/A. B. If non-irrigation, describe purpose fully: For livestock and wildlife water. 8. Name and Address of owner of land on which points of diversion and place of use are located: Raylynn Oliver and David Robinson, 5600 Broad Branch Rd. NW, Washington, DC 20015. 9. Remarks: We purchased this property from Land Properties, Inc. who are the developers of the South T-Bar Ranch. The parcel we purchased (F4 P82) has a spring feeding into an existing stock tank. We then inquired with district water court (Mr. Judge) as to the rights of the spring. There had been no rights filed, therefore we are applying for those rights. (Application and attachments, 3 pages). ------CASE NO. 00CW128 – MANFRED BEREUTER, P.O. Box 61, Coal Creek, CO 81221 Application for Water Rights (Surface) Fremont County 2. Name of Structure: Bereuter Spring. 3. Legal Description of each point of diversion: 38 degrees 18.12 N, 105 degrees 10.18W, 253 feet from South section line, 2,255 feet from East section line, SWSE, Sec 13, Twp 20S, Rng 70W, 6th P.M. 4. Source: Spring. 5. A. Date of initiation of appropriation: 12/08/00. B. How appropriation was initiated: Apply for water right. C. Date water applied to beneficial use: N/A. 6. Amount claimed: 0.2 gpm/0.25 acre feet, conditional. 7. Use or proposed use: Residential (1 home), Recreational, Livestock, Gardening (1 acre), storage. A. If irrigation, complete the following: Number of acres historically irrigated: 0; proposed to be irrigated: 1 acre; Legal description of acreage: SWSE Sec. 13, T20S, R70W, 300S, 2000E, 1 acre surrounding this point. B. If non-irrigation, describe purpose fully: Residential, Livestock, Recreation, Storage 0.25 acre feet pond adjacent to spring. 8. Name and Address of owner of land on which points of diversion and place of use are located: Applicant. 9. Remarks: None. (Application, 2 pages). ------

7 ------CASE NO. 00CW129 – GRANADA FEEDERS LLC, P.O. Box 246, Wiley, CO 81092 (John S. Lefferdink, Attorney for Applicant, P. O. Box 110, Lamar, CO 81052) Application for Change of Water Rights Prowers County 2. Name of Well and Permit Number: Cruikshank Well No. 1, Permit No. 2899- F, Case No. W-3236, State Engineer ID No. 6705495. 3. Legal Description of well: NE1/4 NW1/4 of Section 22, Township 23 South, Range 44 West of the 6th P.M., Prowers County, Colorado, 20 feet from the north section line and 1, 875 feet from the west section line. 4. A. Source: Arkansas River Alluvial. B. Depth: 60 feet. 5. A. Date of initiation of appropriation: April 24, 1972. B. How appropriation was initiated: Said well was originally constructed December 7, 1960. Permit No. 2899-F was issued January 16, 1961. The well was adjudicated by Decree entered in Case No.W-3236 with a priority date of April 24, 1972 for 2.78 cfs, or 1250 gpm, but not to exceed 890 acre feet in any one calendar year for irrigation. C. Date of well completion: December 7, 1960. 6. Amount claimed: 2.78 cfs or 1250 gpm, not to exceed 890 acre feet in any one calendar year. 7. Proposed change of use: Applicant requests an additional use of water from said well for watering livestock in a feedyard which will have an initial population of up to 5, 000 head of cattle with an ultimate capacity of the feedyard of 30,000 head of cattle. Water demands for 5,000 head are estimated to be 7 acre feet per month, or a total of 84 acre feet during a plan period of September of one year through March of the succeeding year, and 42 acre feet per month or a total of 504 acre feet per year for 30,000 head of cattle. A Substitute Water Supply Plan was approved by the State Engineer by letter dated September 8, 2000, and a Water Well Permit has been issued by the State Engineer under Permit No. 54843-F. The source of replacement water will be provided under the Arkansas River Replacement Plan submitted by the Lower Arkansas Water Management Association. The legal description of the location of the feedyard is as follows, to wit: A tract of land lying in Prowers County, Colorado in the W ½ of Sec. 22, T. 23S., R. 44W, of the 6th P.M., and being more particularly described as follows: Beginning at the Northwest corner of said Sec. 22 as monumented by a 2-7/8” iron pipe with 3-1/4” aluminum cap marked RLS 11380 and considering the North line of said Sec. 22, (as monumented by a similar pipe and cap at its East end), bearing S.89°59’28”E. (G.P.S.) with all other bearings contained herein being relative thereto; Thence S. 89º59’28”E.,along the North line of said Sec. 22, a distance of 483.47 feet; thence continuing S. 89°59’28”E., 897.71 feet; thence S. 27°33’11”W., 1073.66 feet; thence S. 0°12’08”E., 2990.00 feet; thence N. 56°36’01”W., 138.29 feet; thence N. 30°35’55”W., 209.89 feet; thence N. 43° 42’46”W., 127.38 feet; thence N. 68°07’29”W., 274.24 feet; thence N. 37°51’34”W., 136.37 feet; thence N. 6°19’03”E, 239.28 feet, thence N. 23°22’07”W., 237.00 feet; thence N. 0°54’49”W., 185.29 feet; thence N. 15°19’58”W., 261.80 feet; thence N. 42°29’02”W., 152.18 feet to a point on the West line of the NW ¼ of said Sec.

8 22, thence N. 0°05’43”W., along said West line, a distance of 1294.72 feet; thence continuing N. 0°05’43”W., 1083.31 feet to the point of beginning. All corners, unless otherwise noted, are monumented by 5/8” rebars and aluminum caps marked BRUNDAGE, PLS 30087. The Tract contains 73.87 Acres. 8. Name and Address of owner of land on which well is located: Granada Feeders, LLC, P.O. Box 246. Wiley, CO 81092. (Application, 4 pages) ------CASE NO. 00CW130 – THE TOWN OF LA VETA, P. O. Box 174, La Veta, CO 81055; NICHOLAS H. FARIS and J. RAY FARIS, c/o FLC, Ltd., 22806 U.S. Hwy. 160 West, Walsenburg, CO 81089 (Henry D. Worley, MacDougall, Woldridge & Worley, Attorneys for Applicants, 530 Communication Circle, Suite 204, Colorado Springs, CO 80905) Application for Change of Water Rights and for Conditional Appropriative Right of Exchange Huerfano County APPLICATION FOR CHANGE OF WATER RIGHTS. 2. Decreed name of structure for which change is sought: Mexican Ditch. 3. From previous Decree: A. Date entered: June 12, 1889. Case No. “Reed Decree”. Court: District Court for Huerfano County. Decreed point of diversion: at a location in the NE1/4 NW1/4 Section 31, T. 27 S., R. 65 W., 6th P.M. Source: Cucharas River. Appropriation date: April 8, 1869. Amount: 4.9 cfs, of which only 2.0 cfs is the subject of this application. Historic use: Irrigation of approximately 230 acres in the S1/2 S1/2 Section 29, the NE1/4 Section 31 and the N1/2 Section 32, T. 27 S., R. 65 W., 6th P.M., Huerfano County, Colorado. Figure 1 attached to the Application and incorporated herein by this reference shows the approximate location of the historically irrigated land. (Figure 1 is on file with the Application and may be examined in the Office of the Clerk for Water Division No. 2.) 4. No diversion records are submitted because Applicant does not intend to rely on them to establish historical consumptive use. Instead, Applicant will rely on the ruling in Williams v. Midway Ranches, 938 P.2d 515 (1997) that actual determination of consumptive use for a portion of a ditch right in a prior case is binding in subsequent cases with regard to the extent of historical consumptive use of other ownership interests in the same ditch right, and on the Findings of Fact, Conclusions of Law, Judgment and Decree in Case No. 87CW4, Water Division 2, Colorado. In the latter case, based on a ditch-wide analysis, the consumptive use of 0.02 cfs of the Mexican Ditch was determined to be 1.7 acre feet. Applying the same analysis, Applicants claim consumptive use of 170 acre feet annually for the 2.0 cfs of the Mexican Ditch which is the subject of this application. Copies of the referee’s ruling and decree in Case No. 87CW4 are attached to the Application as Exhibit 1 and incorporated herein by this reference. (Exhibit 1 is on file with the Application and may be examined in the Office of the Clerk for Water Division No. 2). 5. Proposed change: A. Type of use: all beneficial purposes, including without limitation municipal uses and augmentation and exchange, and

9 storage for subsequent use for such purposes, while retaining the current decreed use. B. Place of use: in the municipal service area of the Town of La Veta, as it now exists and as it may be amended from time to time, as well as at the historic place of use. The current municipal service area of the Town of La Veta consists of parts of sections 20, 21, 22, 28 and possibly 27 and 29, T. 29 S., R. 68 W., 6th P.M. C. Point of diversion: the point of diversion for the Town of La Veta Pipeline is located at a point on the right bank of the Cucharas River bearing South 71°23’ West 2862 feet from the east quarter corner Section 5, T. 30 S., R. 68 W., 6th P.M., Huerfano County, Colorado. In addition, Applicants seek the right to store the water rights in the Town of La Veta Reservoir, which is decreed as being located in the W1/2 SE1/4 Section 8, T. 29 S., R. 68 W., 6th P.M., Huerfano County, Colorado, but in fact is located in Section 28, T. 29 S., R. 68 W., 6th P.M. It has a decreed capacity of 11,151,360 cubic feet and a priority date of April 10, 1901. The Town of La Veta Pipeline supplies water from the Cucharas River to the Town of La Veta Reservoir. 6. Names and addresses of owners of land on which structures are located: The land upon which the Mexican Ditch headgate is located is owned by Corsentino Dairy Farm, 2689 Hwy. 10 East, Walsenburg, CO 81089. The land upon which the point of diversion for the Town of La Veta Pipeline is located is owned by Ewing Land and Cattle Company, 11226 Turwen Drive, St. Louis, MO 63141. The land upon which the Town of La Veta Reservoir is located is owned by the Town of La Veta. APPLICATION FOR CONDITIONAL APPROPRIATIVE RIGHT OF EXCHANGE 7. The above recitation of the decretal information for the Mexican Ditch applies as well to the appropriative right of exchange. 8. Legal description: From the point of diversion of the Mexican Ditch in the NE1/4 NW1/4 Section 31, T. 27 S., R. 65 W., 6th P.M. up the Cucharas River to the point of diversion for the Town of La Veta Pipeline, located at a point on the right bank of the Cucharas River bearing South 71°23’ West 2862 feet from the east quarter corner Section 5, T. 30 S., R. 68 W., 6th P.M., Huerfano County, Colorado. 9. Date of initiation of appropriation: December 5, 2000. How initiation was appropriated: The Town of La Veta Town Council passed a resolution expressing its intent to appropriate such an exchange in its regularly scheduled open meeting on December 5, 2000 and posted a copy of such resolution in the Town Hall the same night. Date water applied to beneficial use: not applicable. 10. Amount claimed: 2.0 cfs, conditional. 11. Use or proposed use: The exchange will be used to divert water attributable to 2.0 cfs of the Mexican Ditch at the Town of La Veta Pipeline, for subsequent use in the Town’s municipal water system for all beneficial purposes. (Application and attachments, 10 pages) ------CASE NO. 00CW131 – WILLIAM B. SCOTT & LINDA G. SCOTT, 6962 Los Reyes Circle, Colorado Springs, CO 80918. Application for Underground Water Rights Custer County

10 2. Name of Well and permit, registration or denial number: Scott Well No. 1; Permit No. 24442. 3. Legal Description of well: 63 Columbine Drive, Westcliffe, Custer County, Colorado 81252, NE ¼ of the SE ¼, Sec. 32, Township 22 South, Range 73 West, 6th P.M, 3160 ft. from North Section Line, 668 ft. from East Section Line, Tanglewood Addition, Lot 11. 4. A. Source: Underground. B. Depth: 73 feet. 5. A. Date of appropriation: 07-17-65. B. How appropriation was initiated: Well dug. (Property acquired by applicants on 12/12/96; Warranty Deed recorded on 12/23/1996 transferring property (and well) to William B. and Linda G. Scott). C. Date water applied to beneficial use: 17 July 1965. 6. Amount claimed: 15 gpm, absolute. 7. If well is non-tributary: NA. 8. Proposed use: A. If irrigation, complete the following: NA. B. If non- irrigation, describe purpose fully: Residential, household use only. 9. Names and Address of owners of land on which well is located: William B. Scott and Linda G. Scott, 6962 Los Reyes Circle, Colorado Springs, CO 80918. 10. Remarks: Well services a single summer cabin (1 BR, 1 BA, 780 sq. ft.) and is used mid-May to mid-October each year. Cabin and land (with well) was purchased from Gwendolyn R. Hand (also Check, via marriage) in December 1996. At that time, the other users of the well (Baldings; Ms. Hand/Check’s sister) agreed to dig their own well. Consequently, Scott Well No. 1 is now used only by Scotts; Baldings have their own well, as shown in the property-sale paperwork on file with the Application and available for inspection at the Office of the Clerk for Water Division No. 2. (Application and Attachments, 16 pages) ------CASE NO. 00CW132 – COMPLAINT. This is a complaint and is simply being listed in the resume to account for the case number in consecutive order. ------CASE NO. 00CW133 – GLEN & CONNIE ROBERTS, 36205 N. Hwy 24, Buena Vista, CO 81211 (Anthony L. Martinez, Attorney for Applicants, P. O. Box 767, Salida, CO 81201) Application for Water Rights (Surface) Chaffee County 2. Name of Structure: Powerline Spring. 3. Legal Description of each point of diversion: SE ¼ SW ¼ of Section 2, Township 13 South, Range 79 West,6 th P.M. being 2122 feet East of the West line and 715 feet North of the South line of said Section 2, Chaffee County, Colorado. 4. Source: Underground. 5. A. Date of initiation of appropriation: July 1, 1868. B. How appropriation was initiated: Diversion in irrigation ditch. C. Date water applied to beneficial use: July 1, 1868. 6. Amount claimed: 0.50 cfs, absolute. 7. Use or proposed use: Irrigation of 35 acres in the SE ¼ SW ¼ and SW ¼ SE ¼ of Section 2, Township 13 South, Range 79 West, 6th P.M. and stock water. A. If irrigation, complete the following: Number of acres historically irrigated: 10; proposed to be irrigated: 10. Legal description of acreage: _____. B. If non-irrigation, describe purpose fully: ______. 8. Names and Address of owners of land

11 on which points of diversion and place of use are located: Applicants are owners of the lands which encompass point of diversion and place of use. 9. Remarks: ______. (Application, 2 pages). ------CASE NO. 00CW134 – GLEN & CONNIE ROBERTS, 36205 N. Hwy 24, Buena Vista, CO 81211 (Anthony L. Martinez, Attorney for Applicants, P. O. Box 767, Salida, CO 81201) Application for Water Rights (Surface) Chaffee County 2. Name of Structure: Spearmint Springs. 3. Legal Description of each point of diversion: SW ¼ SE ¼ of Section 2, Township 13 South, Range 79 West,6 th P.M. being 2620 feet West of the East line and 495 feet North of the South line of said Section 2, Chaffee County, Colorado. 4. Source: Underground. 5. A. Date of initiation of appropriation: July 1, 1868. B. How appropriation was initiated: Diversion in irrigation ditch. C. Date water applied to beneficial use: July 1, 1868. 6. Amount claimed: .25 cfs, absolute. 7. Use or proposed use: Irrigation of 35 acres in the SE ¼ SW ¼ and SW ¼ SE ¼ of Section 2, Township 13 South, Range 79 West, 6th P.M. and for stock water. A. If irrigation, complete the following: Number of acres historically irrigated: 10; proposed to be irrigated: 10. Legal description of acreage: ______. B. If non-irrigation, describe purpose fully: ______. 8. Names and Address of owners of land on which points of diversion and place of use are located: Applicants are owners of the lands which encompass point of diversion and place of use. 9. Remarks: ______. (Application, 2 pages). ------CASE NO. 00CW135 – GLEN & CONNIE ROBERTS, 36205 N. Hwy 24, Buena Vista, CO 81211 (Anthony L. Martinez, Attorney for Applicants, P. O. Box 767, Salida, CO 81201) Application for Water Rights (Surface) Chaffee County 2. Name of Structure: Bog Spring. 3. Legal Description of each point of diversion: SE ¼ SW ¼ of Section 2, Township 13 South, Range 79 West,6 th P.M. being 1702 feet East of the West line and 1017 feet North of the South line of said Section 2, Chaffee County, Colorado. 4. Source: Underground. 5. A. Date of initiation of appropriation: July 1, 1868. B. How appropriation was initiated: Diversion in irrigation ditch. C. Date water applied to beneficial use: July 1, 1868. 6. Amount claimed: .25 cfs, absolute. 7. Use or proposed use: Irrigation of 35 acres in the SE ¼ SW ¼ and SW ¼ SE ¼ of Section 2, Township 13 South, Range 79 West, 6th P.M. and stock water. A. If irrigation, complete the following: Number of acres historically irrigated: 10; proposed to be irrigated: 10. Legal description of acreage: ______. B. If non-irrigation, describe purpose fully: ______. 8. Names and Address of owners of land

12 on which points of diversion and place of use are located: Applicants are owners of the lands which encompass point of diversion and place of use. 9. Remarks: ______. (Application, 2 pages). ------CASE NO. 00CW136 – JAMES R. RUGGLES AND ANDREW T. RUGGLES, 112 ½ East 1st St., Salida, CO 81201 (Anthony L. Martinez, Attorney for Applicants, P. O. Box 767, Salida, CO 81201) Application for Water Rights (Surface) Chaffee County 2. Name of Structure: Ruggles Spring. 3. Legal Description of each point of diversion: A point 2300 feet West of the East Section Line and 1625 feet South of the North Section line of Section 6, Township 50 North, Range 10 East, of the NMPM, in the SW ¼ NE ¼ of said Section 6.4. Source: An unnamed tributary to Ute Creek, a tributary of the Arkansas River. 5. A. Date of initiation of appropriation: 6/1/1950. B. How appropriation was initiated: Utilization for domestic purposes. C. Date water applied to beneficial use: 6/1/1950. 6. Amount claimed: 15 gpm, absolute. 7. Use or proposed use: Domestic and livestock watering. A. If irrigation, complete the following: Number of acres historically irrigated: 0; proposed to be irrigated: 0. Legal description of acreage: _____. B. If non-irrigation, describe purpose fully: Water supply for cabin and livestock watering. 8. Name and Address of owner of land on which points of diversion and place of use are located: Applicants are the owners of the property containing both point of diversion and place of use. (Application and attachments, 3 pages). ------CASE NO. 00CW137 – PARADISA FARMS, TONY AND GRETCHEN PARADISA, 1383 Co. Rd. 73.6 #16, Trinidad, CO 81082. Application for Change of Water Right Las Animas County 2. Decreed name of structure for which change is sought: Chilili Ditch and project water supply therefor from Trinidad Lake (Purgatorie River Water Conservancy District project). 3. From previous Decree: A. Date entered: August 10, 1903. Case No. ______; Court: General Adjudication Decree, Las Animas County District Court. B. Decreed point of diversion: A point on the south east bank of the “Las Animas River” (Purgatoire River) from which it derives its supply of water, which point bears N 84°05’ W 1756 feet from the southeast corner of Section 7, Township 33, Range 63 West of the 6th P.M., Las Animas County, Colorado. See map attached to the Application as Exhibit A and incorporated herein by reference. Exhibit A is on file with the Application and may be examined in the Office of the Clerk for Water Division No. 2. C. Source: Priority #7 direct flow rights in the Purgatoire River diverted into the Chilili Ditch; and storage of project water in the Trinidad

13 Reservoir as allocated to the Chilili Ditch pursuant to applicant’s contract with the District. Each user’s annual allocation is delivered pursuant to operating principles of the District. D. Appropriation Date: April 30, 1862. Amount: Out of a total of 7 c.f.s adjudicated to the Chilili Ditch, Applicant’s pro rata share is .788 c.f.s.; Applicant’s allocation of project water is 4.15 acre feet per acre for a total of 42 acres of project land. Historic Use: 1. Prior to the construction of the Purgatoire River Project, the irrigation water for the 8+/- acres, which is the subject of this application and depicted in Exhibit A to the Application (Exhibit A is available for inspection at the Office of the Clerk for Water Division No. 2), came from Applicant’s pro rata share of Chilili Ditch water diverted from the Purgatoire River under basin wide priority number 7. Applicant’s share of Chilili Ditch water is .788 c.f.s. as represented by 4.5 shares of Chilili Ditch stock which was used to irrigate 42 acres. Applicant has historically pumped approximately 106 g.p.m. from the subject well for over 50 years for sprinkler irrigation of the 8+/- acres (historically alfalfa production) described herein. Stock water (including water pumped from the subject well) had been consistently used for up to 350 head of stock until 1997 when full time commercial livestock and dairy operations ceased. The use of the well for irrigation had not been administered until the State Engineer issued orders to cease pumping in the last two years. The well is now currently being used pursuant to a substitute supply plan approved by the State Engineer. 2. After the project was completed, the Chilili Ditch received an allocation of 4.15 acre feet per acre per year of storage water for each acre which Applicant owned and which qualified for a project allocation (42 acres total). Once all project water is delivered and the reservoir declared “empty” with respect to stored irrigation water, water delivery pursuant to the historic priority system may resume and the Chilili Ditch would receive water directly from the stream if priority #7 were not called out. In addition winter stock water has been released and allocated to all project beneficiaries on a pro rata basis either through respective ditches or through the natural stream channel. 4. Proposed Change: (a) The change requested is based upon Applicant’s desire to continue the historical practice of irrigating the subject 8+/- acres from the existing well and using project or adjudicated water delivered through the Chilili Ditch for simultaneous recharging of the groundwater depleted from the pumping. This plan constitutes a replacement or exchange of Chilili Ditch water for groundwater while continuing historic irrigation and stock watering practice without any change of time, place or manner of use whatsoever. No change in Trinidad Project operation is needed nor does Applicant propose any change of use which will impact the remaining Chilili Ditch users. (b) Well description: (1) Location: NW/4NW/4, Sec. 8, T33S, R63W 6th P.M., approximately 985 feet south of the north section line (Section 8) and 1046 feet east of the west section line (Section 8). The well is approximately 35 feet below and west of the Chilili Ditch on the edge of Applicant’s field about 1,200 feet from the Purgatoire River in the alluvial plain. (2) Depth: Approximate depth is 27 feet and static level averages 15 feet. (3) Appropriation Date: The well was hand dug by Tony Paradisa’s grandfather, Phillip Beltri, in 1883. The well was permitted in 1963

14 under permit number 4386-F and a copy of the permit is attached to the Application as Exhibit B and incorporated herein by reference. Exhibit B is on file with the Application and may be examined in the Office of the Clerk for Water Division No. 2. (4) Use: Stock water for up to 350 head of dairy and beef cows; irrigation of 8+/- acres. (5) Amount: Current pumping rate of 106 g.p.m. has occurred for over 50 years. (c) Recharge Pit description: The recharge pit was constructed pursuant to an approved substitute supply plan and used in the 2000 irrigation season. (1) Location: Within 30 feet of the above described well. (2) Size: 36 feet long; 8 feet wide; 3.8 feet deep, Surface area 288 sq. ft. (3) Method and rate of recharge: Gravity flow Chilili Ditch water through a calibrated 4 inch parshall flume set on a separate lateral to avoid commingling with other irrigation water for the sole purpose of recharging groundwater. Daily recharge rate of .235 c.f.s. for 24 hours resulting in .4711 acre feet per day recharged into the ground. (4) Evaporation from pit: Assuming 36 inches per calendar year of evaporation, the 36 full days of recharging during summer months, evidenced by the 2000 operation data in Exhibit C to the Application (see paragraph c below), would yield less than 1,500 gallons of total evaporation. (c) Plan of Operation: (1) In order to avoid the timing problems associated with delayed depletions, Applicant proposes to divert .235 c.f.s. from Applicant’s Chilili lateral into the recharge pit located between the Ditch and the well (about 20 feet from the ditch and the well) several days prior to commencement of pumping in order to build up a recharge credit. At all times that Applicant pumps water, simultaneous recharge from the Chilili Ditch will occur. If project or adjudicated water is not available for recharging, and there are no recharge credits from previous recharging, pumping will cease. Exhibit C attached to the Application and incorporated herein by reference reflects the daily and cumulative pumping from the well and the daily and cumulative recharging beginning on April 27, 2000 and ending on August 17, 2000. Exhibit C is on file with the Application and may be examined in the Office of the Clerk for Water Division No. 2. In lieu of electric meter readings actual time of pumping and recharge is used (source of data from Applicant’s field notes; table compilation and calculations provided by Division #2 office). (2) The pumped water will be used consistent with the historical practice of sprinkler irrigating 8+/- acres on Applicant’s land. Return flows from the sprinkler irrigation have and will continue to return to the Purgatoire River consistent with historical practice. (3) Within 30 days prior to the end of the irrigating season, Applicant proposes to also similarly recharge sufficient water to allow for up to 86,000 gallons of stock water which will be pumped at various times throughout the winter months. (4) Applicant therefore proposes an exchange of .235 c.f.s. Chilili Ditch water (project or adjudicated) to be simultaneously recharged in return for the pumping of alluvial groundwater, tributary to the Purgatoire River, at the rate of 106 g.p.m. for irrigation of 8+/- acres of land and winter stock water, both historic uses, for not to exceed the equivalency of 20 head of horses or cows. (5). Names and address of owners of land on which structures are

15 located: Tony and Gretchen Paradisa, 13830 Co. Rd. 73.6 #16, Trinidad, CO 81082. (Application and Attachments, 13 pages). ------CASE NO. 00CW138 – SOUTHEASTERN COLORADO WATER CONSERVANCY DISTRICT, 31717 United Avenue, Pueblo, CO 81001 (c/o Stephen H. Leonhardt, Attorney for Applicant, Fairfield and Woods, P.C., 1700 Lincoln St., Suite 2400, Denver, CO 80203-4525) Application for Conditional Water Storage Rights Pueblo County 1. Name of structure: Pueblo Reservoir Enlargement. 2. Description of Existing Structure: (a) Location - Legal Description: A point at the intersection of Pueblo Dam axis and the Arkansas River whence the NE corner of S36, T20S, R66W, 6th P.M., bears N 61º 21' 20" E a distance of 2,511.05 ft. Said reservoir inundates all or portions of S7, 18, 19, 20, 21, 22, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 & 36, T20S, R66W, 6th P.M., S1, 2, 3, 4, 5, 9, 10 & 11, T21S, R66W, 6th P.M., and S5, 8, 9, 13, 14, 15, 16, 22, 23, 24 & 25, T20S, R67W, 6th P.M. (b) Decrees: Pueblo Reservoir was decreed in Case No. B- 42135, Pueblo County Dist. Court, on June 25, 1962, with an appropriation date of Feb. 10, 1939 (Priority No. A-22C). The decree was modified in Case No. 80CW6 (Water Div. 2) on Oct. 23, 1980 (amended to correct clerical error on April 29, 1981), to conform to the reservoir as built. The conditional portion of the water right has been maintained through a series of diligence proceedings, most recently Case No. 95CW91 (Water Div. 2). (c) Storage Volume of Current Capacity: Current decreed and existing capacity is 357,678 AF. Of the decreed amount, 74,471 AF, together with the right to refill, remain conditional. Southeastern’s engineers have estimated that up to 7,738 AF of this capacity may have been lost due to silting. (d) Height of Dam: 191 feet. (e) Surface Area of Existing Reservoir: 5,680 acres. 3. Description of Enlarged Structure: (a) Location of Dam (same as existing dam): A point at the intersection of Pueblo Dam axis and the Arkansas River whence the NE corner of S36, T20S, R66W, 6th P.M., bears N 61º 21' 20" E a distance of 2,511.05 ft. Said reservoir enlargement will inundate all or portions of S7, 18, 19, 20, 21, 22, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 & 36, T20S, R66W, 6th P.M., S1, 2, 3, 4, 5, 9, 10 & 11, T21S, R66W, 6th P.M., and S5, 8, 9, 13, 14, 15, 16, 22, 23, 24 & 25, T20S, R67W, 6th P.M. (b) Volume of Enlargement: 75,000 AF, conditional. (c) Height of enlarged dam: 195 ft. (d) Surface Area of Enlarged Reservoir: Approx. 6,616 acres. 4. Appropriation: (a) Date: August 17, 2000 (b) How appropriation was made: Following widespread public notice, Southeastern’s District Board approved a Preferred Storage Options Plan (“PSOP”) Report with recommendations including implementation and construction of the Pueblo Reservoir Enlargement. Southeastern subsequently posted notice of the application at Pueblo Reservoir. (c) Date put to beneficial use: Not applicable. 5. Source of Water: The Arkansas River and its tributaries upstream from Pueblo Dam. (In addition to water available under this

16 conditional water right, the Pueblo Reservoir Enlargement storage space also will be filled as provided in ¶ 9 below.) 6. Uses of Water: Irrigation, manufacturing, domestic, municipal, power; all municipal purposes, including human consumption, fire protection, sewage treatments, street sprinkling, watering of parks, lawns and grounds, and maintaining of adequate storage reserves; all farming purposes, including the growing of crops of all kinds, stock water, domestic purposes, and the watering of lawns, trees and shrubs; all industrial purposes and the generation of electric power; flood control; recreation; fish and wildlife conservation; augmentation, replacement, substitution and exchange; for reuse and succession of such uses to extinction; and to fill and refill the Pueblo Reservoir Enlargement. Use of the Pueblo Reservoir Enlargement storage space, for storage of water pursuant to this application and otherwise, shall be subject to the allocation of the enlargement storage space as described below. 7. No Effect on Existing Decree: No changes are to be made to the existing decrees for the current capacity of Pueblo Reservoir, nor to any of the other decrees referred to, directly or indirectly, in this application. This application only seeks a junior conditional water right for the additional storage space created by the enlargement. 8. Allocation of Enlargement Storage Space: (a) Storage space in Pueblo Reservoir Enlargement will be allocated in accordance with allotment contracts or other agreement with Southeastern. The anticipated basis for such allocation is set forth in the PSOP Report, and in a forthcoming report of the Implementation Committee advising Southeastern and Memorandum of Agreement among Southeastern and other parties participating in development of the Enlargement. (b) Southeastern will retain rights to use the District Water Management Storage portion of the Enlargement storage space (7,500 to 15,000 AF), and to store water in additional space when such space is not being used by others. To the extent Southeastern stores its water (including water available to this conditional water right) in space allocated to others, such storage will be on an if and when available basis, consistent with the PSOP Report and the forthcoming Implementation Committee Report. 9. Use of Enlarged Space: In addition to water stored pursuant to this Application, water imported from tributaries of the Colorado River under existing decrees, and/or future Water Div. 5 decrees for use of existing facilities, also will be stored in the Pueblo Reservoir Enlargement. The enlarged capacity will be filled primarily by storage and exchange of existing native and imported water rights owned by Southeastern and others, including those entities with allocated space as provided herein, Winter Water Storage Program participants pursuant to the Decree in Case No. 84CW179, and other parties storing water in Southeastern’s Water Management Storage space by agreement with Southeastern. Such parties must have a decree allowing storage of such water rights in Pueblo Reservoir and/or its enlarged capacity, as well as an allocation or agreement for use of the storage space. Exchanges may include exchange of measured municipal return flows from use of Fryingpan-Arkansas Project (“Fry-Ark”) water under existing decrees for the Fry-Ark Project, and others’ exchanges pursuant

17 to decrees authorizing such exchange into Pueblo Reservoir. Southeastern may seek to store other Fry-Ark return flows in portions of the enlarged capacity pursuant to a future application. Pursuant to this Application, Southeastern may also store native Arkansas River flows in the enlarged capacity under the priority of this conditional water right, at those rare times when water is legally available to a 2000 priority and space is available in the enlarged capacity. All uses of the enlarged space will be consistent with any applicable terms and conditions of any federal statute authorizing construction of the Pueblo Reservoir Enlargement. 10. C.R.S. § 37-92-305(9)(b): Southeastern has initiated an appropriation of the water storage rights described above and has exercised reasonable diligence in pursuing its appropriation of such rights as set forth herein. Southeastern can and will divert, store, possess, and control water in the water storage enlargement and will beneficially use such water. The water storage enlargement project can and will be completed with diligence and within a reasonable time. Southeastern, through its Water and Storage Needs Assessment Enterprise, completed a Water and Storage Needs Assessment in 1998 and the PSOP in 2000. These studies, performed with the cooperation of the U.S. Bureau of Reclamation, Colorado Water Conservation Board, and numerous participating entities within the Southeastern District, have documented the need for additional storage, including the Pueblo Reservoir Enlargement, to meet increased demands for water storage for municipal and other purposes within the Southeastern District; as well as the estimated costs of the Pueblo Reservoir Enlargement and related water storage development projects. Southeastern is negotiating agreements with various municipal water providers within the District for those entities’ participation in initial implementation and development costs of the Pueblo Reservoir Enlargement and related water storage development projects. Southeastern also has conducted extensive discussions with representatives of the United States, with the aim of obtaining the United States’ authorization for construction and operation of the Pueblo Reservoir Enlargement as provided in this application. 11. No Injury: No injury to senior vested water rights will occur by the exercise of the claimed water storage enlargement rights. This application will not adversely affect the yield of the Fry-Ark Project or the Winter Water Storage Program. All downstream water rights will remain satisfied in priority; and the water right will be operated and administered in compliance with the Arkansas River Compact. 12. Impact on Transmountain Diversions: Southeastern’s use of the Pueblo Reservoir Enlargement water right will not cause any increase of transmountain diversions beyond existing decree limitations. No Fry-Ark Project water originating from the Colorado River Basin will be stored in the Pueblo Reservoir Enlargement storage space; however, return flows from use of Fry-Ark water may be stored in such space as provided above. 13. Owner of land and facilities: Pueblo Reservoir and surrounding land are owned by U.S. Dept. of Interior, Bureau of Reclamation, E. Colo. Area Office, 11056 W. County Rd. 18-E, Loveland, CO 80537-9711. Southeastern holds the water rights and decrees for Pueblo Reservoir, pursuant to contract with the U.S.

18 (Application, 8 pages). ------CASE NO. 00CW139 – SOUTHEASTERN COLORADO WATER CONSERVANCY DISTRICT, 31717 United Avenue, Pueblo, CO 81001 (c/o Stephen H. Leonhardt, Attorney for Applicant, Fairfield and Woods, P.C., 1700 Lincoln St., Suite 2400, Denver, CO 80203-4525) Application for Conditional Water Storage Rights Lake County 1. Name of structure: Turquoise Reservoir Enlargement (Sugar Loaf Dam). 2. Description of Existing Structure: (a) Location - Legal Description: The intersection of Sugar Loaf Dam axis and Lake Fork Creek, a point whence the NW corner of S16, T9S, R80W, 6th P.M., bears N 44º 46' 18" E a distance of 10,344.35 ft. Said reservoir inundates all or portions of S7, 8, 17, 18, 19 & 20, T9S, R80W, 6th P.M., and S10, 11, 12, 13, 14 & 15, T9S, R81W, 6th P.M. (b) Decrees: Turquoise Reservoir was decreed in Civil Action No. 5141, Chaffee County District Court, on July 9, 1969, with an appropriation date of Feb. 10, 1939 (Priority No. A-92C). The decree was modified in Case No. 80CW6 (Water Div. 2) on Oct. 23, 1980 (amended to correct clerical error on April 29, 1981), to conform to the reservoir as built. The conditional portion of the water right has been maintained through a series of diligence proceedings, most recently Case No. 95CW91 (Water Div. 2). (c) Storage Volume of Current Capacity: The current decreed and existing capacity is 129,432 AF, plus a right to refill. Of the decreed amount, only the right to refill remains conditional. (d) Height of Dam: 135 ft. (e) Surface Area of Existing Reservoir: 1,789 acres. 2. Description of Enlarged Structure: (a) Location of Dam (same as existing dam): The intersection of Sugar Loaf Dam axis and Lake Fork Creek, a point whence the NW corner of S16, T9S, R80W, 6th P.M., bears N 44º 46' 18" E a distance of 10,344.35 ft. Said reservoir enlargement will inundate all or portions of S7, 8, 17, 18, 19 & 20, T9S, R80W, 6th P.M., and S10, 11, 12, 13, 14 & 15, T9S, R81W, 6th P.M. (b) Volume of Enlargement: 19,600 AF, conditional. (c) Height of enlarged dam: 143.5 ft. (d) Surface Area of Enlarged Reservoir: Approx. 1,882 acres. 4. Appropriation: (a) Date: August 17, 2000 (b) How appropriation was made: Following widespread public notice, Southeastern’s District Board approved a Preferred Storage Options Plan (“PSOP”) Report with recommendations including implementation and construction of the Turquoise Reservoir Enlargement. Southeastern subsequently posted notice of the application at Turquoise Reservoir. (c) Date put to beneficial use: Not applicable. 5. Source of Water: The Lake Fork of the Arkansas River and its tributaries upstream from Turquoise Lake (Sugar Loaf Dam). (In addition to water available under this conditional water right, the Turquoise Reservoir Enlargement storage space also will be filled as provided in ¶ 9 below.) 6. Uses of Water: Irrigation, manufacturing, domestic, municipal, power; all municipal purposes, including human consumption, fire protection, sewage treatments, street sprinkling, watering of parks, lawns and grounds, and maintaining of adequate storage reserves; all farming purposes, including the

19 growing of crops of all kinds, stock water, domestic purposes, and the watering of lawns, trees and shrubs; all industrial purposes and the generation of electric power; flood control; recreation; fish and wildlife conservation; augmentation, replacement, substitution and exchange; for reuse and succession of such uses to extinction; and to fill and refill the Turquoise Reservoir Enlargement. Use of the Turquoise Reservoir Enlargement storage space, for storage of water pursuant to this application and otherwise, shall be subject to the allocation of the enlargement storage space as described below. 7. No Effect on Existing Decree: No changes are to be made to the existing decrees for the current capacity of Turquoise Reservoir, nor to any of the other decrees referred to, directly or indirectly, in this application. This application only seeks a junior conditional water right for the additional storage space created by the enlargement. 8. Allocation of Enlargement Storage Space: (a) Storage space in Turquoise Reservoir Enlargement will be allocated in accordance with allotment contracts or other agreement with Southeastern. The anticipated basis for such allocation is set forth in the PSOP Report, and in a forthcoming report of the Implementation Committee advising Southeastern and Memorandum of Agreement among Southeastern and other parties participating in development of the Enlargement. (b) Southeastern will retain rights to use the District Water Management Storage portion of the Enlargement storage space (2,500-3,000 AF), and to store water in additional space when such space is not being used by others. To the extent Southeastern stores its water (including water available to this conditional water right) in space allocated to others, such storage will be on an if and when available basis, consistent with the PSOP Report and the forthcoming Implementation Committee Report. 9. Use of Enlarged Space: In addition to water stored pursuant to this Application, water imported from tributaries of the Colorado River under existing decrees, and/or future Water Div. 5 decrees for use of existing facilities, also will be stored in the Turquoise Reservoir Enlargement. The enlarged capacity will be filled primarily by storage and exchange of existing native and imported water rights owned by Southeastern and others, including those entities with allocated space as provided herein, and other parties storing water in Southeastern’s Water Management Storage space by agreement with Southeastern. Such parties must have a decree allowing storage of such water rights in Turquoise Reservoir and/or its enlarged capacity, as well as an allocation or agreement for use of the storage space. Exchanges may include exchange of return flows from use of Fryingpan-Arkansas Project (“Fry-Ark”) water under existing decrees for the Fry- Ark Project, and others’ exchanges pursuant to decrees authorizing such exchange into Turquoise Reservoir. Pursuant to this Application, Southeastern may also store native Lake Fork flows in the enlarged capacity under the priority of this conditional water right, at those rare times when water is legally available to a 2000 priority and space is available in the enlarged capacity. All uses of the enlarged space will be consistent with any applicable terms and conditions of any federal statute authorizing construction of the Turquoise Reservoir Enlargement. 10. C.R.S. § 37-92-305(9)(b): Southeastern has initiated an

20 appropriation of the water storage rights described above and has exercised reasonable diligence in pursuing its appropriation of such rights as set forth herein. Southeastern can and will divert, store, possess, and control water in the water storage enlargement and will beneficially use such water. The water storage enlargement project can and will be completed with diligence and within a reasonable time. Southeastern, through its Water and Storage Needs Assessment Enterprise, completed a Water and Storage Needs Assessment in 1998 and the PSOP in 2000. These studies, performed with the cooperation of the U.S. Bureau of Reclamation, Colorado Water Conservation Board, and numerous participating entities within the Southeastern District, have documented the need for additional storage, including the Turquoise Reservoir Enlargement, to meet increased demands for water storage for municipal and other purposes within the Southeastern District; as well as the estimated costs of the Turquoise Reservoir Enlargement and related water storage development projects. Southeastern is negotiating agreements with various municipal water providers within the District for those entities’ participation in initial implementation and development costs of the Turquoise Reservoir Enlargement and related water storage development projects. Southeastern also has conducted extensive discussions with representatives of the United States, with the aim of obtaining the United States’ authorization for construction and operation of the Turquoise Reservoir Enlargement as provided in this application. 11. No Injury: No injury to senior vested water rights will occur by the exercise of the claimed water storage enlargement rights. This application will not adversely affect the yield of the Fry-Ark Project or the Winter Water Storage Program. All downstream water rights will remain satisfied in priority; and the water right will be operated and administered in compliance with the Arkansas River Compact. 12. Impact on Transmountain Diversions: Southeastern’s use of the Turquoise Reservoir Enlargement water right will not cause any increase of transmountain diversions beyond existing decree limitations. No Fry-Ark Project water originating from the Colorado River Basin will be stored in the Turquoise Reservoir Enlargement storage space; however, return flows from use of Fry-Ark water may be stored in such space as provided above. 13. Owner of land and facilities: Turquoise Reservoir is owned by U.S. Dept. of Interior, Bureau of Reclamation (“Reclamation”), E. Colo. Area Office, 11056 West County Rd. 18-E, Loveland, CO 80537-9711. The surrounding land is owned by Reclamation and/or U.S. Dept. of Agriculture, Forest Service, 2015 N. Poplar, Leadville, CO 80461. Southeastern holds the water rights and decrees for Turquoise Reservoir, pursuant to contract with the U.S. (Application, 7 pages). ------CASE NO. 00CW140 – UNITED STATES OF AMERICA, BUREAU OF LAND MANAGEMENT, Royal Gorge Field Office, 3170 East Main Street, Canon City, CO 81212 (Amelia S. Whiting, Special Asst. U.S. Attorney, Attorney for Applicant, 755 Parfet Street, Suite 151, Lakewood, CO 80215)

21 Application for Surface Water Rights Huerfano County 1. Name of structure or plan: Big Sandy Gulch Spring. 2. Location: NW/4 NE/4 Section 23, T14S R78W, Sixth P.M. 1975 feet west of the east section line and 300 feet south of the north section line; various points of usage occur up to 700 feet downstream from the spring source. 3. Source: Big Sandy Draw/Trout Creek/Arkansas River. 4. Quantity: 0.066 cfs, absolute. 5. Appropriation date: 12/31/1942. 9. Type of use: Livestock watering, wildlife watering, wildlife habitat. 10. Type of structure: Spring. (Application and attachments, 3 pages) ------CASE NO. 00CW141- UNITED STATES OF AMERICA, BUREAU OF LAND MANAGEMENT, Royal Gorge Field Office, 3170 East Main Street, Canon City, CO 81212 (Amelia S. Whiting, Special Asst. U.S. Attorney, Attorney for Applicant, 755 Parfet Street, Suite 151, Lakewood, CO 80215) Application for Surface Water Rights Huerfano County 1. Name of structure or plan: BLM Sheep Mountain Springs 1,2, 2A, 4 and 5. 2. Location: BLM Sheep Mountain Spring 1: SE/4 NE/4, Section 27, T27S R70W, Sixth P.M. 550 west of the east section line and 1570 feet south of the north section line; Sheep Mountain Spring 2: NE/4 NW/4, Section 27, T27S R70W, Sixth P.M. 3350 feet west of the east section line and 400 feet south of the north section line; Sheep Mountain Spring 2A: SW/4 NW/4, Section 22, T27S R70W, Sixth P.M. 1300 feet east of the west section line and 1500 feet south of the north section line; BLM Sheep Mountain Spring 4: SW/4 SE/4, Section 22, T27S R70W, Sixth P.M. 1980 feet west of the east section line and 4120 feet south of the north section line; BLM Sheep Mountain Spring 5: SE/4 NW/4 Section 22, T27S R70W, Sixth P.M. 2900 feet west of the east section line and 1550 feet south of the north section line. 3. Source: Unnamed tributary of Spring Branch/Pass Creek/Huerfano River/Arkansas River. 4. Quantity: BLM Sheep Mountain Spring 1: 0.0090 cfs, absolute; BLM Sheep Mountain Spring 2: 0.0006 cfs, absolute; BLM Sheep Mountain Spring 2A: 0.0460 cfs, absolute; BLM Sheep Mountain Spring 4: 0.0002 cfs, absolute; BLM Sheep Mountain Spring 5: 0.0004 cfs, absolute. 5. Appropriation date: 02/21/1939. 6. Type of use: Livestock watering, wildlife habitat and wildlife use. 7. Type of structure: Spring. 8. Additional information: BLM Sheep Mountain Springs 1,2,4 and 5 are the same as Carol Springs #1, #2, #4 and #5 in case number 00 CW 81. BLM Sheep Mountain Spring 2A is the same as Sheep Mountain Spring #2 in case number 00 CW 100. BLM has filed oppositions in both cases. (Application and attachments, 4 pages) ------CASE NO. 00CW142- UNITED STATES OF AMERICA, BUREAU OF LAND MANAGEMENT, Royal Gorge Field Office, 3170 East Main Street, Canon City, CO 81212 (Amelia S. Whiting, Special Asst. U.S. Attorney, Attorney for Applicant, 755 Parfet Street, Suite 151, Lakewood, CO 80215)

22 Application for Change of Water Rights Fremont County 1. Name of structure or plan: Shelf Road Spring, 2. Previous decree: 7-16- 76, Case No. W-2613, Water Division No. 2. 3. Location: a point 600 feet north and 600 feet west of the SE corner of the NE/4 NE/4 of Section 28, T16S R70W, Sixth P.M. 4. Source: Unnamed tributary of Carlin Gulch/Fourmile Creek/Arkansas River. 5. Quantity: 0.11 cfs. 6. Appropriation date: 5/31/1962. 7. Historic use: livestock watering. 8. Type of structure: Spring. 9. Proposed change: add wildlife watering use. (Application and attachments, 3 pages) ------CASE NO. 00CW143 – CUCHARA RIVER LLC, 419 W. Main Street, Trinidad, CO 81082. Application for Change of Water Right Huerfano County 2. Decreed name of structure for which change is sought: Goemmer Well #1. 3. From previous Decree: A. Date entered: June 12, 1972. Case No. W-1417. Court: Division 2. B. Decreed point of diversion: 1265 feet West of the SE corner, thence 280 feet North, of the SESE Sec. 7, T. 30S., R. 68W. of the 6th P.M. C. Source: Cuchara River or its Tributaries in Huerfano County. D. Appropriation date: December 31, 1936. Amount: 50 g.p.m. Historic use: Domestic and Livestock. Reference original application and documentation attached to the application and available for inspection at the Office of the Clerk for Water Division No. 2. 4. Proposed change: Correction of location: SE 1/4 of SE ¼, Sec. 7, Twp. 30S. Range 68W, 6 P.M. Distance from section lines: 62 feet from S., 908 feet from East line. 5. Name and address of owner of land on which structure is located: Cuchara River LLC, 419 W. Main St., Trinidad, CO 81082. (Application and Attachments, 19 pages) ------CASE NO. 00CW144 – CUCHARA RIVER LLC, 419 W. Main Street, Trinidad, CO 81082 Application for Change of Water Right Huerfano County 2. Decreed name of structure for which change is sought: Goemmer Well #2. 3. From previous Decree: A. Date entered: June 12, 1972. Case No. W-1417. Court: Division 2. B. Decreed point of diversion: 1140 feet North of the NE corner thence 985 feet West, of the NESE Sec. 7, T.30S., R.68W. of the 6th P.M. C. Source: Cuchara River or its Tributaries in Huerfano County. D. Appropriation Date: December 31, 1960. Amount: 50 g.p.m. Historic use: Domestic and Livestock. Reference original application and documentation attached to the application and available for inspection at the Office of the Clerk for Water Division No. 2. 4. Proposed change: Correction of location: NE ¼ of the SE ¼, Sec. 7, Twp. 30S, Range 68W, 6 P.M. Distance from section line: 1724

23 ft. from S., 696 ft. from E line. 5. Name and address of owner of land on which structure is located: Cuchara River LLC, 419 W. Main St., Trinidad, CO 81082. (Application and Attachments, 19 pages) ------CASE NO. 00CW145 – ROBERT E. LARIVEE, SR., 6841 Rochester Rd., Rochester Hills, Michigan 48306 (Anthony L. Martinez, Attorney for Applicant, P. O. Box 767, Salida, CO 81201) Application for Change of Water Right Chaffee County 2. Decreed name of structure for which change is sought: Three Mile Ditch, Priority #27. 3. From previous Decree: A. Date entered: June 19, 1890. B. Decreed point of diversion: Three Mile Creek a/k/a Three Elk Creek at a point in the SW ¼ of Sec. 26, T. 13 S., R. 79 W., of the 6th P.M. at a point approximately 140 feet east of the West sec. Line and 2100 feet south of the north section line of said sec. 26. C. Source: Three Elk Creek a tributary of the Arkansas River. D. Appropriation date: December 31, 1868. Amount: 1.0 c.f.s. of the 2.6 c.f.s adjudicated as Priority #27. E. Historic use: In December 1908, the point of diversion of the Three Mile Ditch was changed in case No. 2100 to its present decreed point of diversion at what is called the Harvard No. 2 Ditch. Applicant is the owner of 1.0 cfs of the 2.6 cfs originally decreed to priority #27 of the Three Mile Ditch. The property historically irrigated by this right has been divided. 4. Proposed change: Applicant desires to establish an alternate point of diversion which will be a headgate located on Applicant’s land approximately 1250 feet downstream. There are no intervening water rights. The approximate location of the proposed alternate point of diversion for Applicant’s 1.0 c.f.s. share of priority #27 is at a point in the NE ¼ SW ¼ of Sec. 26 T. 13 S., R. 79 W., of the 6th P.M. at a point approximately 1375 feet east of the west section line and 2400 feet north of the south section line of said section 26. The lands to be irrigated are identical. There will be no expansion of use. 5. Name and address of owner of land on which structure is located: The original point of diversion is located on land owned by Phillip and Barbara Jones. The proposed alternate point of diversion is located entirely on lands owned by Applicant. (Application and attachments, 3 pages) ------CASE NO. 00CW146 – TOWN OF MONUMENT, c/o Rick Sonnenburg, Town Manager, 166 Second Street, P. O. Box 325, Monument, CO 80132-0325 (Robert F. T. Krassa, Krassa, Madsen & Miller, 1680 – 38th Street, Suite 800, Boulder, CO 80301) Application for Water Storage Rights and Application for Approval of Plan for Augmentation El Paso County 2. Name of Reservoir: Monument Lake. 3. Legal Description of Location of Dam: The axis of the dam crosses the thread of Monument Creek in the SE/4 SW/4 Section 15, T. 11 South, R. 67 W. of the 6th P.M. in El Paso County, Colorado, at a

24 point 2320 feet from the west section line, and 1180 feet from the south section line, of said Section 15 (See Map Exhibit A to the Application and available for inspection at the Office of the Clerk for Water Division No. 2). 4. Source: Monument Creek, Tributary to Fountain Creek, Tributary to Arkansas River. 5. Dates of Appropriation: April 16, 1891, for 866.64 acre feet, absolute, and June 22, 1995 for an additional 234.10 acre feet, conditional. A. How Appropriation was Initiated: By enactment of House Bill 107 of 1891 (Exhibit B to the Application and available for inspection at the Office of the Clerk for Water Division No. 2), as to the 1891 appropriation date, and by initiation of discussions and examination of the reservoir between Monument and El Paso County as to the 1995 appropriation date. B. Dates Water Applied to Beneficial Use: December 1892. 6. Amount Claimed in acre feet: A. 866.64 absolute and 234.16 conditional. 7. Use: All municipal purposes, including domestic, industrial, commercial, manufacturing, stock watering, recreational, piscatorial, fish and wildlife, fire protection, street washing, hydro- electric power production, for exchange, replacement, and augmentation, including the right to fill and refill when this water right is in priority, and the right to use and re- use water diverted to storage under the subject rights to extinction. 8. Surface Area of High Water Line: 67.8 acres. A. Maximum height of dam: 46.5 feet. B. Length of dam: 850 feet. 9. Total Capacity of Reservoir in Acre Feet: 1105.8. A. Active Capacity: 1100.8; B. Dead Storage: 5.0. 10. Names and addresses of owners of land on which structures for the water right are located, including land where dam is located and land within high water line: The Applicant. El Paso County and the State of Colorado have certain interests and obligations which are addressed in House Bill 00-1365, approved March 23, 2000 (Exhibit C to the Application and available for inspection at the Office of the Clerk for Water Division No. 2). 11. Remarks or Any Other Pertinent Information: Monument requests that the Court determine that § 37-92-306, C.R.S., is not applicable to the present application, for the reason that the Legislature by enacting House Bill 107 of 1891, intended to and did create an absolute water right for storage of water in Monument Lake for the purposes described in said Act, and had the power to do so. Monument seeks to antedate the adjudication dates of earlier decrees insofar as they in conjunction with applicable statutes appear or purport to preclude this court from confirming to Monument its water rights bearing their true priority dates. Monument asserts that the exception set out in C.R.C.P. Rule 89, to wit, "when provision for such antedation or earlier priority is made by statute" applies to this case. Nevertheless, and without waiving said assertion, the following notice is given: "THE WATER RIGHT 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 APPROVAL OF PLAN FOR AUGMENTATION 12. At all times since completion of construction of Monument Lake in December 1892, the stream system has been subject to the evaporation losses from the surface of Monument Lake. At no time have any other water users required that

25 water be released from Monument Lake or otherwise provided, to compensate for the evaporation from the surface of Monument Lake. Nor has the State Engineer’s Office required that such releases be made or other water provided to compensate for evaporation. Accordingly, Monument asserts that: a. other water users are barred by the doctrines of laches, waiver and estoppel to require releases of water or other provisions to compensate for evaporation; and b. so long as no augmentation for evaporation is required of pre-1980 gravel pits which expose tributary water, the State Engineer may not require evaporation augmentation from the subject 1891 facility. However, in the event the Court determines that augmentation for evaporation from Monument Lake will nonetheless be required, Monument requests approval of the following plan for evaporation augmentation. This plan also proposes augmentation for any other out of priority storage of water in Monument Lake. A. Monument proposes to augment only for days on which the priority awarded to Monument Lake by the Court is subject to lawful call. B. To the extent that Monument Lake is used for recreational purposes, Monument intends to rely on the Agreement with Colorado Springs, dated September 21, 1998 (Exhibit D to the Application and available for inspection at the Office of the Clerk for Water Division No. 2), as its primary source of augmentation water. C. In the event Monument determines that it is necessary to use Monument Lake for purposes other than recreation, it will initiate discussions with the City of Colorado Springs to broaden the referenced September 21, 1998, Agreement to cover those purposes. If those negotiations are successful, then the said Agreement as it may be so amended will continue to be the primary source of augmentation water for Monument Lake. D. In the event the said Agreement with Colorado Springs cannot be broadened to include such other uses, or is otherwise insufficient to provide lawfully required augmentation water, then Monument will provide additional augmentation water from the water rights described in following Paragraphs 14 and 15. 13. Name of Structure to be Augmented: Monument Lake. 14. Previous Decrees for Water Rights to be Used for Augmentation: A. Water described in said Agreement with Colorado Springs. B. Monument’s Beaver Creek Denver Basin Wells as adjudicated by Decree of this Court in Case 83CW9, entered August 13, 1987, and recorded August 24, 1987 at Reception No. 01611039, Book 5412, Page 788, El Paso County records. C. Monument’s Beaver Creek senior surface rights (Welty Ditch, Shideler Ditch, South Side Ditch, Waldron Domestic Ditch, and Keno Ditch), which were fully described and quantified in the Decree of this Court in Case 83CW10, entered April 5, 1985 and recorded April 10, 1985 at Reception No. 01235240, Book 3993, Page 1301, El Paso County Records. D. Monument’s Arapahoe and Laramie Fox Hills water rights adjudicated by Decree of this Court in Case 82CW211, entered August 13, 1987, and recorded August 24, 1987 at Reception No. 01611040, Book 5412, Page 801, El Paso County Records. E. Reusable lawn irrigation return flows as adjudicated in Supplemental Findings, Judgment and Decree in Case 82CW212, entered October 20, 1994 and recorded October 24, 1994 at Reception No. 094145072, Book 6549, Page 114, El Paso County Records and in Supplemental Findings, Judgment and Decree in Case 83CW10 entered October 20, 1994 and recorded October 24, 1994 at Reception

26 No. 094145071, Book 6549, Page 85, El Paso County Records. F. Reusable wastewater treatment plant discharges of water owned by Monument from the Tri- Lakes Wastewater Treatment Facility located in the NW/4 NE/4, Section 27, T.11S, R.67 W. or successor wastewater treatment facilities, as adjudicated in the Amended Decree in Case 83CW10 dated June 7, 1998, as recorded June 13, 1988 at Reception No. 01713105, Book 5518, page 1268, El Paso County records and in the Decree in Case 82CW212, dated June 7, 1988, as recorded June 13, 1988 at Reception No. 01713104, Book 5518, P. 1250. 15. Historic Use: A. The historic use of the above-mentioned Senior Tributary rights on Beaver Creek was determined by the Decree of this Court in Case 83CW10 entered April 5, 1985, Recorded April 10, 1985, Reception No. 01235240, Book 3993, P. 1301. Monument asserts that use subsequent to said Decree, which changed the use of said rights to municipal purposes, including augmentation, is irrelevant. B. Monument asserts that the historic use of its groundwater rights in the Denver Basin Aquifers, which are still being developed, is irrelevant. 16. Statement of Plan for Augmentation, Covering All Applicable Matters Under § 37-92-103(9), 302(1)(b), and 305(8), C.R.S. Give full details of plan, including a description of all water rights to be established or changed by the plan. On a daily basis, Monument will account for the surface area of the water stored in Monument Lake, less any ice cover, and whether Monument Lake is in priority under such priority date as the Court may confirm. For any day that Monument Lake is not in priority, Monument will accrue the obligation to provide replacement for augmentation of water for evaporation at rates the Court may approve, or to provide augmentation for other water stored out of priority. 17. In determining the quantity of water required to replace out of priority evaporation from Monument Lake, Monument requests that the Court not require replacement of the amount of historic natural depletion caused by the preexisting natural vegetative cover on the surface of the area which will be, or which has been, replaced by an open water surface. 18. Notwithstanding the daily accounting, Monument proposes to balance the replacement obligations on a weekly basis. Water may be provided pursuant to the above mentioned Agreement with Colorado Springs, by releasing water previously stored in priority from Monument Lake, by relinquishing the right to reuse or exchange Monument’s reusable return flows either at the Tri-Lakes Wastewater Treatment Plant or successor facility, or from lawn irrigation return flows, by direct discharge from Monument’s Denver Basin aquifer wells within the Town of Monument or by direct discharge from Monument’s Denver Basin groundwater wells at the Beaver Creek Ranch or by relinquishing the right to otherwise use Monument’s above-mentioned senior direct flow rights on Beaver Creek. 19. Names and Addresses of Owners of Land on Which Structures are Located: A. The Town of Monument owns the land underlying the high water line and dam of Monument Lake subject to the matters stated above. Monument also owns the sites for its wells into the Denver Basin Aquifers within the Town of Monument. The measuring structures for Monument’s senior direct flow rights on Beaver Creek are on land owned by Forest Lakes Metropolitan District, subject to the right of Monument to use and maintain such measurement structures. Monument’s adjudicated wells in the Denver Basin aquifers on Beaver Creek Ranch

27 have not yet been constructed nor well sites acquired. However, Monument has the ability to acquire such sites by exercise of its powers of eminent domain as and if necessary. WHEREFORE, Monument requests that its above Application for Water Storage Rights be granted, that the Court determine that no replacement or augmentation for evaporation from Monument Lake is required, that in the alternative, if such replacement for augmentation is required, that the Court approve the above-stated plan for augmentation, and for such other and further relief as may be just. (Application and attachments, 18 pages) ------CASE NO. 00CW147 - JOHN ROBISON, SHAWN DUFAULT, 43617 Serenity Drive, Northville, MI 48167; MARY AND DOUGLAS KNOX, M. LETHA KNOX- ROBISON, 13855 State Highway 83, Colorado Springs, CO 80921; and KING'S DEER DEVELOPMENT, LLC, 6189 Lehman Drive, Suite 201, Colorado Springs, CO 80918 (Holly I. Holder, Holly I. Holder, P.C., Attorneys for Applicants, 518 17th Street, #1500, Denver, Colorado 80202) Application For Underground Water Rights From Nontributary And Not Nontributary Sources And For Approval Of A Plan For Augmentation, In The Nontributary Laramie-Fox Hills And The Not Nontributary Dawson, Denver, And Arapahoe Aquifers El Paso County 2. Well Permits: Well permits will be applied for when Applicants are prepared to drill the wells. 3. Legal Description of Wells and Subject Property: The wells which will withdraw groundwater from the subject not nontributary and nontributary aquifers will be located on approximately 214 acres of land located in part of the W1/2 and NE1/4 of Section 2, T12S, R66W of the 6th P.M, as more particularly described and shown on Attachment A to the Application and available for inspection at the Office of the Clerk for Water Division No. 2 (Subject Property). Applicants John Robison, Shawn Dufault, Mary and Douglas Knox, and M. Letha Robison-Knox are the owners of the Subject Property at the time of this application, and the specific interests of these Applicants are also described on Attachment A to the Application and available for inspection at the Office of the Clerk for Water Division 2. 4. Source of Water Rights: The source of the groundwater to be withdrawn from the Dawson, Denver, and Arapahoe aquifers underlying the Subject Property is not nontributary as described in 37- 90-103(10.7) and 37-90-137(9)(c), C.R.S. The ground water to be withdrawn from the Laramie-Fox Hills aquifer underlying the Subject Property is nontributary groundwater as described in 37-90-103(10.5), C.R.S. 5. Estimated Amounts and Rates of Withdrawal: The wells will withdraw the subject amounts of groundwater at rates of flow necessary to efficiently withdraw the entire decreed amounts. Applicants will withdraw the subject groundwater through wells to be located at any location on the Subject Property, or on adjacent land in combination with water requested in Case No. 00CW85, Water Division 2, and 00CW175, Water Division 1. Applicants waive the 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on

28 the Subject Property. The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6. Applicants estimate the following annual amounts are representative of the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property: Saturated Estimated Aquifer Thickness Annual Amount Dawson 310 feet 132 acre-feet Denver 520 feet 189 acre-feet Arapahoe 225 feet 82 acre-feet Laramie-Fox Hills 190 feet 60 acre-feet The average annual amounts available for withdrawal from the subject aquifers will depend on the hydrogeology and the legal entitlement of the Applicants and represents a claim to all nontributary and not nontributary groundwater underlying the Subject Property. 6. Well Fields: Applicants request that this Court determine that Applicants have the right to withdraw all of the legally available groundwater lying below the Subject Property, through the wells requested herein, which may be located anywhere on the Subject Property, and any additional wells which may be completed in the future as Applicants' well fields. As additional wells are constructed, applications will be filed in accordance with 37-90-137(10), C.R.S. The water herein may also be used in combination with water requested in Case No. 00CW85, Water Division 2, and 00CW175, Water Division 1, through wells located on the land associated with those cases or the Subject Property. 7. Proposed Use: Applicants will use all water withdrawn from the subject aquifers in a water system to be used, reused, successively used, and after use leased, sold, or otherwise disposed of for the following beneficial purposes: municipal, domestic, industrial, commercial, irrigation, livestock watering, recreational, fish and wildlife, fire protection, and any other beneficial purpose. Said water will be produced for immediate application to said uses, both on and off the property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. 8. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to 37-92-302(2), and 37-90- 137(6), C.R.S. 9. Description of plan for augmentation: A. Water and structures to be augmented: Part of the Dawson aquifer water requested herein. B. Water rights to be used for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. C. Statement of plan for augmentation: The subject Dawson aquifer groundwater may be used for inhouse, irrigation, and stockwatering purposes to serve a residential development on the Subject Property for 300 years. The lots will be served by individual wells which will withdraw at rates of flow of 15 gpm. For purposes of this application, Applicants estimate that each lot will require approximately 0.3 acre-feet annually for inhouse use, irrigation use will require approximately 0.2 acre-feet annually for

29 irrigation of 3500 square-feet of home lawn and garden, and stockwatering use will be approximately 0.05 acre-feet annually for watering of up to 4 horses. Applicants may also use some of the Dawson water for irrigation use, in which case the demand is estimated to be 2.5 acre-feet per year for every acre of irrigated area. Applicants reserve the right to revise these values without the need of revising or republishing this application. Each lot will utilize non- evaporative septic systems. Consumptive use associated with inhouse use will be approximately 10% of water used and it is estimated that approximately 10% of water used for irrigation will be returned to the stream system. Stockwatering use will be 100% consumed. During pumping Applicants will replace actual depletions to the affected stream system pursuant to 37-90-137(9)(c), C.R.S. Because depletions may occur in both Water Divisions 1 and 2, this application is being filed in both divisions. Return flows from the development through nonevaporative septic systems and irrigation use accrue to the Arkansas River system and those return flows are sufficient to replace actual depletions to that system while those wells are being pumped. (Some return flows may also return to the South Platte River system based on the location of the Subject Property). Before any other type of sewage treatment is proposed in the future, including incorporation of the lots into a central sewage collection and treatment system, Applicants, or successors and assigns, will amend this decree prior to such change and thereby provide notice of the proposed change to other water users by publication procedures required by then existing law. Depletions which may occur to the South Platte River system may not be replaced by return flows from use of the water, if that is the case, said depletions will be replaced by direct discharges from the nontributary groundwater decreed herein, or from direct discharges or return flows from other legally available sources. Applicants may also request that the total amount of depletion to both stream systems be returned to one system and for a finding that those replacements are sufficient. After pumping ceases, Applicants will demonstrate that any depletions which may occur to the stream systems are non-injurious and need not be replaced. However, if the Court finds that such depletions need to be replaced, Applicants will reserve an adequate amount of nontributary groundwater underlying the Subject Property or as requested in Case No. 00CW85, Water Division 2, and 00CW175, Water Division 1, for replacement of post-pumping depletions. 10. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 5B above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Although Applicants have estimated the amounts of water available for withdrawal from the subject aquifers based on estimates of relative values for specific yield and saturated thickness, Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. C. Applicants will withdraw all or parts of the not nontributary Dawson aquifer water requested herein under the plan of augmentation requested herein pursuant to 37-90-137(9)(c), C.R.S. WHEREFORE, Applicants pray that this Court enter a Decree: 11. Granting the application herein and awarding the

30 water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 12. Specifically determining that: A. Applicants have complied with 37-90-137(4), C.R.S., and water is legally available for withdrawal by the wells proposed herein, but that jurisdiction will be retained with respect to the average annual amounts of withdrawal specified herein to provide for the adjustment of such amounts to conform to actual local aquifer characteristics from adequate information obtained from wells or test holes drilled on or near Applicants' property, pursuant to 37-92-305(11), C.R.S. and Denver Basin Rule 9.A.; B. The groundwater in the Dawson, Denver, and Arapahoe aquifers is not nontributary and groundwater in the Laramie-Fox Hills aquifers is nontributary groundwater; C. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater and the plan for augmentation proposed herein; D. The post-pumping depletions caused by pumping of the not nontributary Dawson aquifer wells is noninjurious. FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises. (Application and attachments, 10 pages) ------CASE NO. 00CW148 – BENJAMIN W. KETTLE AND ELIZABETH R. KETTLE, RAYMOND KOCH AND HELEN KOCH, P.O. Box 207, Westcliffe, CO 81252 and 1400 South Second Street, Canon City, CO 81212 respectively. (Henry D. Worley, MacDougall, Woldridge, & Worley, Attorneys for Applicant, 530 Communication Circle, Suite 204, Colorado Springs, CO 80905) Application for Change of Water Rights Custer County 2. Decreed name of structure for which change is sought: Smith Ditch. 3. From previous decree: Date Entered: May 13, 1893. Case Number: None. Court: In the District Court in and for the County of Fremont, in the 11th Judicial District of the State of Colorado. Decreed point of diversion: On the North side of Taylor Creek at a point whence the W ¼ corner of Section 23, Township 22 South, Range 73 West of the 6th P.M., in Custer County Colorado, bears North 75° West a distance of 300 feet, and being in the SW ¼ of Section 23. Source: Taylor Creek, a tributary of Grape Creek. Appropriation dates and amounts: Priority no. 4, September 1, 1869, 1.07 cfs; Priority no. 12-C, July 31, 1870, 1.07 cfs; Priority no. 26, June 30, 1871, 6.05 cfs; Priority no. 399, March 31, 1886, 1.20 cfs. 4. Historic Use: The decreed place of use for the priority nos. 4, 12-C and 26 is for irrigation of 475 acres of land located in the following: Section 14: S ½ NE ¼, N ½ SE ¼, NW ¼, N ½ NW ¼, N ½ NE ¼. (Applicants are unable to explain why the N ½ NW ¼ is being listed in addition to the NW ¼. In addition, the NE ½ NE ¼ was interlineated on Applicants’ copy of the decree, and Applicants do not know whether that land is actually part of the decreed land.) Section 11: S ¼ NW ¼, S ½ NE ½, N ½ SE ¼; Section 23: NW ¼; Section 12: about 10 acres of the S ½ NW ¼, all in T. 22 S., R 73 W., th6 P.M. The decreed place of use for Priority no. 399 is 60 acres in the NW ¼ of Section 23, and nowhere else. However, historically the water rights have been used to irrigate considerably more than 475 acres of land, including not only portions of the decreed land but also

31 portions of the S ½ SE ¼ Section 11, the SW ¼ SW ¼ Section 12 and the SW ¼ of Section 14. 5. Proposed Change. Applicants do not own all of the Smith Ditch. Applicants’ ownership interests are as follows: Kettle and/or San Isabel Ranch: Priority No. 4, 0.184 cfs; Priority no. 12-C, 0.214 cfs, priority no. 26, 2.33 cfs; Priority no. 399, 0.24 cfs; Koch: Priority no. 26, 0.48 cfs. In addition, Round Mountain Water and Sanitation District owns 0.15 cfs of Priority no. 4. The remainder of the water right is owned by Vidler Water Company, Inc. Applicants propose to change their combined 3.208 cfs, plus 0.15 cfs owned by Round Mountain Water and Sanitation District, to irrigate no more than 212 acres in the following parcels of land located in T. 22 S., R 73 W., 6th P.M., in Custer County: (a) Benjamin W. Kettle and Elizabeth R. Kettle: S ½ SE ¼ Section 11. This landis not decreed to be irrigated with the Smith Ditch. San Isabel Ranch: N ½ NE ¼ Section 14. This landmay be decreed to be irrigated with the Smith Ditch priorities 4, 12-C and 26. It is not decreed to be irrigated with priority no. 399. (b) Raymond Koch and Helen Koch: NW ¼ Section 23. T his land is decreed to be irrigated with all four priorities of the Smith Ditch, though priority no. 399 is decreed to irrigate only 60 acres of that quarter section. (c) Harvey N. Camper and Elizabeth I. Camper: SW ¼ SW ¼ Section 12. This landis not decreed to be irrigated with the Smith Ditch. Mr. And Mrs. Camper’s address is 1862 County Road 170, Westcliffe CO 81252. All of these areas have historically been irrigated by the Smith Ditch for more – perhaps considerably more – than 50 years. The areas proposed to be irrigated pursuant to this decree are shown on the map attached to the Application as Exhibit A and available for inspection at the Office of the Clerk for Water Division No. 2. In the 1970’s, Benjamin W. Kettle conveyed 0.15 cfs of priority no. 4 to Round Mountain Water and Sanitation District. In Case No. W-4747, Round Mountain obtained alternate, additional types and kinds of use and places of diversion, while retaining the historic points of diversion and places of use. Applicants seek to re-affirm that decree in all its regards. Applicants Benjamin W. Kettle and Elizabeth R. Kettle propose to divert the 0.15 cfs of priority no. 4 belonging to Round Mountain Water and Sanitation District for use on the S ½ SE ¼ Section 11 and the N ½ NE ¼ Section 14 at times when the water right is in priority and is not being used by Round Mountain pursuant to W-4747; when Round Mountain is using the 0.15 cfs, Kettles’ diversions must be decreased by 0.15 cfs. A substantial amount of the Applicants’ land is naturally subirrigated. Because the run-off of irrigation water over subirrigated land does not result in additional consumptive use, Applicant’s do not propose to include subirrigated land in the 212 acres to be irrigated. 6. Names and addresses of owners of land on which structures are located: The headgate of the Smith Ditch is located on land owned by Charles Koch, whose address is 1431 Walnut Street, Canon City, CO 81212. (Application and Attachments, 4 pages). ------CASE NO. 00CW149 – THE TOWN OF LA VETA, P. O. Box 174, La Veta, CO 81055 (Henry D. Worley, MacDougall, Woldridge & Worley, Attorneys for Applicant, 530 Communication Circle, Suite 204, Colorado Springs, CO 80905) Application for Conditional Storage Right, Change of Water Right

32 I. APPLICATION FOR CONDITIONAL STORAGE RIGHT. 2. Name of Reservoir: La Veta Town Reservoir Enlargement. 3. A. Legal Description: The decreed location of the existing La Veta Town Reservoir, which will be enlarged, is “in the West Half (W½) of the Southeast Quarter (SE¼) of Section 8, Township 29 South, Range 68 West, Huerfano County, Colorado.” B. If off-channel reservoir, name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: Town of La Veta Pipeline, 2.98 cfs from the Cucharas River, point of diversion is “on the right bank of the Cucharas River bearing South 71°23’ West 2862 feet from the East Quarter corner Section 5, Township 30 South of Range 68 West of the 6th P.M., Huerfano County, Colorado. A new structure named the Town of La Veta Pipeline No. 2 will be located at the same general location, and will have a flow rate of 5.0 cfs, conditional. 4. Source: Cucharas River. 5. A. Date of appropriation: December 19, 2000. B. How appropriation was initiated: By the passing of a resolution approving such appropriation by the La Veta Town Council, and the posting of said resolution in the Town Hall. C. Date water applied to beneficial use: not applicable. 6. Amount claimed: 150 acre feet, conditional, with the right to fill and re-fill in a single year. Rate of diversion for filling the reservoir is 7.98 cfs, conditional, which is the combined diversion rates of the Town of La Veta Pipeline and the Town of La Veta Pipeline No. 2. 7. Use: All beneficial uses, specifically including municipal, augmentation and exchange. Applicant seeks the right to totally consume the water so diverted. The water so stored will be used for municipal uses within the Town of La Veta service area, as it may change from time to time. 8. Surface area of high water line: 38 acres. A. Maximum height of dam in feet: 17. B. Length of dam in feet: approximately 2500 feet. 9. Total capacity of reservoir in acre feet: 150 acre feet under this conditional appropriation. Current La Veta Town Reservoir has an absolute right for 256 acre feet, bring the total to 405 acre feet. Active capacity: 150 acre feet for conditional water right. Dead storage: none. 10. Names and addresses of owners of land on which structure for the water right is located: The enlarged dam and reservoir will be located on land owned by the Town of La Veta. The headgate for the Town of La Veta Pipeline No. 2 will be located on land owned by Ewing Land and Cattle Company, 11226 Turwen Drive, St. Louis, MO 63141. 11. Remarks or any other pertinent information: The La Veta Town Reservoir is currently filled with La Veta’s 1.5 cfs of the Francisco and Daigre Mill Ditch and its 1.48 cfs interest in the Spanish Peaks Ditch. The La Veta Town Reservoir Enlargement will be used for storage of the conditional water right sought herein. The Town has also filed an application in Case No. 00CW130 to transfer the use of 2.0 cfs of the Mexican Ditch right to the Town of La Veta service area, as it may be changed from time to time, and to store the water attributable to the Mexican Ditch in the Town of La Veta Reservoir. The Town also seeks to store the water attributable to its portion of the Mexican Ditch in the La Veta Town Reservoir Enlargement. II. APPLICATION FOR CHANGE OF WATER RIGHT.

33 As noted in Part I. above, the decreed location for the La Veta Town Reservoir is “in the West Half (W½) of the Southeast Quarter SE¼( ) of Section 8, Township 29 South, Range 68 West, Huerfano County, Colorado.” However, the actual location of the La Veta Town Reservoir is, and has always been since its construction, in Section 28, T. 29 S., R. 68 W., 6th P.M., as shown on Exhibit A, an enlarged portion of a USGS map of Huerfano County. (Exhibit A is on file with the Application and may be examined in the Office of the Clerk for Water Division No. 2). Applicant seeks to change the decreed location of the Town of La Veta Reservoir to the W ½ SE ¼ Section 28, T. 29 S., R. 68 W., 6th P.M., in Huerfano County, Colorado. Applicant asserts that no harm will result to the owners of or persons entitled to use vested absolute or conditional water rights by changing what appears to be a typographical or other clerical error, to reflect the actual location of the La Veta Town Reservoir. (Application and attachments, 4 pages) ------CASE NO. 00CW150 – JOYCE J. SIMON, Box 710 Buena Vista, CO 81211 (Steven T. Monson, Felt, Monson & Culichia, LLC, Attorneys for Applicant, 319 North Weber Street, Colorado Springs, CO 80903 Application for Surface Water Right Chaffee County 2. Application for Surface Water Rights: A. Name of structure: The name of the structure for which this surface water right is requested is the Chicago Ranch Spring. B. Legal description: The Chicago Ranch Spring is located in the SW 1/4 SW 1/4 of Section 19, Township 14 South, Range 78 West, 6th P.M., Chaffee County, Colorado. This structure consists of a series of spring and seep areas whose initial points of diversion are located 556 feet east of the west line of said Section 19, and 550 feet north of the south line of said Section 19; 556 feet east of the west line of said Section 19, and 158 feet north of the south line of said Section 19; and 1,120 feet east of the west line of said Section 19 and 246 feet north of the south line of said Section 19. C. Source: The source of this spring is the tributary flows of an unnamed drainage, tributary to the Arkansas River. D. Appropriation: The appropriation of this spring was initiated on July 1, 1959 by the excavation of the spring and seep area, the diversion of the spring water at the above described locations, and the application of the water to irrigation and livestock watering. E. Amount claimed: The amount of water claimed for this spring is 0.6 cfs, absolute. F. Use: The water from this spring is conveyed by a ditch and used for the watering of livestock and for irrigation. The irrigated property consists of 25 acres located in the NW 1/4 SW 1/4 of Section 20, Township 14 South, Range 78 West, 6th P.M., Chaffee County, Colorado. G. Land ownership: The land upon which the spring, points of diversion and places of use are located are owned by the Applicant. H. Additional information: The Chicago Ranch Spring is a series of spring and seep areas whose natural discharge was captured at that location by a near surface excavation by Applicant's father in the summer of 1959, and the spring and seep water has been diverted for

34 livestock watering and for irrigation since that date. Applicant seeks a junior decree for these uses to be administered under the prior appropriation system. WHEREFORE, the Applicant requests that this Application for Surface Water Right be granted as requested herein, and for such other and further relief as the court deems appropriate in these circumstances. (Application, 3 pages) ------CASE NO. 00CW151 – DAVID B. WANCURA, 348 E Street, Salida, CO 81201 (James W. Culichia and James G. Felt, Felt, Monson & Culichia, LLC, Attorneys for Applicant, 319 North Weber Street, Colorado Springs, CO 80903) Application for Surface Water Rights, Water Storage Right and for Approval of Plan for Augmentation Fremont County 2. Legal Description of Place of Use of Water Rights. Applicant is the owner of the following described parcel of real property located in Fremont County, Colorado (hereinafter the "Subject Property"): Tract of land situated in the Northeast 1/4 Southeast 1/4 and the Southeast 1/4 Southeast 1/4, Section 33, Township 48 North, Range 11 East, N.M.P.M, more particularly described on the survey plat attached to the Application as Exhibit A and available for inspection at the Office of the Clerk for Water Division No. 2. 3. Current Use of the Subject Property. Currently located upon the Subject Property is a resort known as Bighorn Park consisting of a restaurant, swimming pool, hotel units, camper cabins, mobile homes/trailers, bath house, laundry and RV spaces. Bighorn Park is currently, and has been since the summer of 1945 when the resort was built, supplied with water from the Bighorn Park Spring. Sewage return flows are through non-evaporative septic leach fields. Specific details regarding the existing water uses at Bighorn Park is provided in Paragraph 10 and Table 1 to this Application on file with the Application and available for inspection at the Office of the Clerk for Water Division No. 2. SURFACE WATER RIGHTS Applicants seek adjudication of the following surface water rights: 4. Name of Structure. Bighorn Park Spring. A. Legal Description of Point of Diversion. Bighorn Park Spring is located in the Southeast 1/4 Southeast 1/4, Section 33, Township 48 North, Range 11 East, N.M.P.M., Fremont County, Colorado, and the specific point of diversion is located at a point whence the South 1/4 corner (brass capped pipe monument) of said Section 33 bears South 47° 33' 32'' West 265.76 feet. A portion of a USGS map depicting the approximate location of the Bighorn Park Spring is attached to the Application as Exhibit B and available for inspection at the Office of the Clerk for Water Division No. 2. B. Source. Spring. Bighorn Park Spring is tributary to an unnamed watercourse tributary to the Arkansas River, Fremont County, Colorado. C. Date of Initiation of Appropriation, How Appropriation Initiated And Use and Proposed Use of the Water. 1. Bighorn Park Spring – Absolute a. Amount Claimed. 25 gallons per minute, absolute. b. Date of Initiation of Appropriation. An absolute appropriation in the amount of 25 gallons per minute was initiated on or

35 about June 1, 1945 by the construction of a 2" O.D. pipeline from the Spring to service improvements constructed upon the Subject Property and the diversion of waters into said pipeline from the Spring. c. Date Water Applied to Beneficial Use. June 1, 1945. d. Use or Proposed Use of Water. The water from Bighorn Park Spring is used for domestic, recreation, commercial, swimming pool and irrigation of approximately 1.5 acres of lawn and garden landscape located within the Subject Property. 2. Bighorn Park Spring – Conditional a. Amount Claimed. 125 gallons per minute (0.28 c.f.s), conditional. b. Date of Initiation of Appropriation. A conditional appropriation in the amount of 10 (0.022 c.f.s) gallons per minute was initiated on approximately June 1, 1945 by the conveyance to Applicant's predecessors in title of a water right in the Bighorn Park Spring (together with a pipeline easement) equal to the amount of water that could flow in a two inch pipeline from the Spring to the Subject Property. A pipeline smaller than 2" I.D. was actually constructed which pipeline is the source of the 25 g.p.m. absolute appropriation referenced above. The 10 g.p.m. conditional appropriation represents the additional amount of water above the 25 g.p.m. absolute appropriation that could flow under gravity pressure inside the 2" I.D. pipeline from the Spring to the point of use. A second conditional appropriation for the Bighorn Park Spring was initiated on October 6, 2000 in the amount of 115 gallons per minute (0.26 c.f.s.) by the formation of intent to appropriate, by conducting the overt acts of measuring the spring flows, by the incurring of attorneys and engineering fees related to the development of the Spring. c. Date Water Applied to Beneficial Use. N/A. d. Use or Proposed Use of Water. The water from Bighorn Park Spring conditional water right will be used for domestic, recreation, commercial, swimming pool, fish propagation, storage, augmentation and irrigation purposes. Applicant proposes to irrigate up to 3 acres of lawn, garden and landscaping located within the Subject Property. D. Name and Address of Owner of Land Upon Which Points of Diversion and Place of Use are Located. Applicant is the owner of the land where the water rights from Bighorn Park Spring will be used and the legal description of said property is described in Paragraph 3 of this Application. Charles Afeman, M.D., 3015 Tyrone Drive, Baton Rouge, LA 70808 is the owner of the real property upon which the point of diversion of Bighorn Park Spring. Applicant has a deeded interest in and to the Bighorn Park Spring for that amount of water that will flow in a 2" ID pipe and an easement for the 2" ID pipe connecting the Bighorn Park Spring to the Subject Property. 5. Name of Structure. Bighorn Park Diversion No. 1 - Conditional. A. Legal Description of Point of Diversion. The point of diversion is located in the Northeast 1/4 of the Southeast 1/4, Section 33, Township 48 North, Range 11 East of the NMPM, Fremont County, Colorado in the approximate location shown on Exhibit A attached to the Application and available for inspection at the Office of the Clerk for Water Division No. 2. B. Amount Claimed. 0.26 c.f.s. conditional. C. Date of Initiation of Appropriation. A conditional appropriation in the amount of 0.26 c.f.s. for Bighorn Park Diversion No. 1 was initiated on October 6, 2000 by

36 the formation of intent to appropriate, by conducting the overt acts of measuring the creek flows, locating the point of diversion, by the incurring of attorneys and engineering fees related to the development of the water right. D. Date Water Applied to Beneficial Use. N/A. E. Source of Water. An unnamed tributary to the Arkansas River. F. Use or Proposed Use of Water. The water from the Bighorn Park Diversion No. 1 conditional water right will be used for domestic, recreation, commercial, swimming pool, fish propagation, storage, augmentation and irrigation of up to 3 acres of lawn, garden and landscaping located within the Subject Property. G. Name and Address of Owner of Land Upon Which Points of Diversion and Place of Use are Located. Applicant is the owner of the land where the water rights from Bighorn Park Spring will be used and where the point of diversion is located. 6. Name of Structure. Bighorn Park Diversion No. 2 - Conditional. A. Legal Description of Point of Diversion. The point of diversion of Bighorn Park Diversion No. 2 is the outflow of a culvert which runs underneath U.S. Highway 50 in the Southeast 1/4 Southeast 1/4, Section 33, Township 48 North, Range 11 East, NMPM, Fremont County, Colorado in the approximate location as depicted on Exhibit A attached to the Application and available for inspection at the Office of the Clerk for Water Division No. 2. B. Amount Claimed. 0.25 c.f.s, conditional. C. Date of Initiation of Appropriation. This conditional appropriation was initiated on October 6, 2000 by the formation of intent to appropriate, by conducting the overt acts of measuring the flows at the point of diversion, by the incurring of attorneys and engineering fees related to the development of the surface water diversion. D. Date Water Applied to Beneficial Use. N/A. E. Source. An unnamed watercourse tributary to the Arkansas River representing the outflow from a series of ponds located in that portion of the Southeast 1/4 Southeast 1/4, Section 33, Township 48 North, Range 11 East N.M.P.M. which lies south of the U.S. Highway 50 right of way as depicted on Exhibit B attached to the Application and available for inspection at the Office of the clerk for Water division No. 2. F. Use or Proposed Use of Water. The water from Bighorn Park Diversion No. 2 will be used for domestic, recreation, commercial, swimming pool, fish propagation, storage, augmentation and irrigation purposes. Applicant proposes to irrigate up to 3 acres of lawn, garden and landscaping located within the Subject Property. G. Name and Address of Owner of Land Upon Which Points of Diversion and Place of Use are Located. The owner of the property upon which the point of diversion for Bighorn Park Diversion No. 2 is the Colorado Department of Transportation, Administrative Office, 4201 East Arkansas Avenue, Denver, CO 80222. The Applicant is the owner of the land where the surface water rights claimed herein will be used. WATER STORAGE RIGHT Applicant claims the following water storage right: 7. Name of Reservoir. Bighorn Park Pond No. 1 - Conditional. A. Legal Description and Location of Dam. Bighorn Park Pond No. 1 will be constructed in the Northeast 1/4 Southeast 1/4, Section 33, Township 48 North, Range 11 East, NMPM, Fremont County, Colorado. The approximate location of Bighorn Park Pond No. 1 is on

37 an unnamed watercourse tributary to the Arkansas River in the approximate location depicted on Exhibit A attached to the Application and available for inspection at the Office of the Clerk for Water Division No. 2. B. Source of Water. Bighorn Park Pond No. 1 will be filled by diversions from the Bighorn Park Spring and Bighorn Park Diversions No. 1 and No. 2, all waters tributary unnamed watercourses tributary to the Arkansas River, Fremont County, Colorado. C. Amount Claimed. 2.0 acre feet capacity, conditional with the right to fill and refill. Bighorn Park Pond No. 1 is an approximate 0.25 surface acre pond, with a maximum depth of 8'. The length of the dam is 80 feet and the maximum height of the dam will be 9'. Total active reservoir capacity will be 2.0 acre feet. Dead storage will be zero. D. Date of Initiation of Appropriation. A conditional appropriation for Bighorn Park Pond No. 1 was initiated on approximately on October 6, 2000 by the formation of intent to appropriate, by conducting the overt acts of siting the Pond location, measuring the spring flows which will be a source of water to fill the Pond, and by the incurring of attorneys and engineering fees related to the development of the conditional water right. E. Date Water Applied to Beneficial Use. N/A. F. Use or Proposed Use of Water. The water from Bighorn Park Pond No. 1 will be used for storage, recreation, fish propagation, augmentation and irrigation of up to 3 acres of lawn, garden and landscaping located within the Subject Property. G. Name and Address of Owner of Land Upon Which Structure will be Located. Applicant is the owner of the land where the Bighorn Park Pond No. 1 will be located. PLAN FOR AUGMENTATION 8. Names of structures to be augmented Bighorn Park Spring, Bighorn Park Diversions No. 1 and No. 2 and Bighorn Park Pond No. 1. All uses of the water claimed in this Application will occur on the Subject Property which is immediately adjacent to the Arkansas River. A survey of the Subject Property is attached to the Application as Exhibit A and is available for inspection at the Office of the Clerk for Water Division No. 2. 9. Water Rights to be Used For Augmentation. Augmentation water for out-of-priority depletions resulting from water uses on the Subject Property will be provided by two sources. A. Twin Lakes Share. The out-of-priority depletions resulting from the indoor domestic and commercial uses on the Subject Property, primarily including the restaurant, bath house, restrooms, campground, cabins, residential mobile homes/trailers and motel units will be augmented with One (1) share of stock of the Twin Lakes Reservoir and Canal Company (copy of share certificate attached to the Application as Exhibit C and available for inspection at the Office of the Clerk for Water Division No. 2). This stock ownership will represent a pro rata interest in native Arkansas River diversions and the Independence Pass transmountain diversion system which diverts water from the headwaters of the Roaring Fork River and its tributaries in Pitkin County for storage in the Twin Lakes Reservoirs in Southern Lake County, Colorado. Twin Lakes shares consist of direct flow and storage rights for water diverted from another basin which is available for 100 percent consumptive use and reuse and is available for augmentation. The

38 water rights producing the pro rata interest of the Applicant are described as follows: 1. Colorado River Water Rights (a) Decree: i. Case No. 3082, District Court, Garfield County, August 25, 1936. ii. Case No. W-1901, District Court, Water Division 5, May 12, 1976. (b) Priority: August 23, 1930, No. 431. (c) Source: Roaring Fork River and its tributaries, all tributaries of the Colorado River in Water Division 5, as more fully set forth in the above referenced Decrees. (d) Use: Direct flow and storage purposes, for irrigation, domestic, commercial, industrial, municipal and all beneficial uses. (e) Amount: Direct flow amount for diversions through transmountain tunnels of 625 cfs with an annual limit of 68,000 acre feet, a running ten year limit of 570,000 acre feet, and other limitations set forth in the decrees. 2. Arkansas River Water Rights (a) Decree: i. Original Decree, Case No. 2346, District Court, Chaffee County, July 14, 1913. ii. Modified, Case No. W-3965, District Court, Water Division 2, April 19, 1974. (b) Priorities: December 15, 1886, No. 3, and March 25, 1897, No. 4. (c) Source: Lake Creek and its tributaries tributary to the Arkansas River. (d) Use: Storage for irrigation, domestic, commercial, industrial and municipal purposes on any site in the Arkansas River Basin of Colorado below the Twin Lakes Reservoir which are capable of being served water by diversion from said Arkansas River. (e) Amount: 54,452 acre feet (20,645.3 acre feet -Priority No. 3; 33,806.7 acre feet - Priority No. 4). B. Lease of Water With Board Of Pueblo Water Works. The out-of-priority depletions resulting from the outside uses, including irrigation, swimming pool fill and evaporation and reservoir/storage evaporation will be augmented with water owned by the Board of Water Works of Pueblo ("Board") which water will be leased by the Applicant pursuant to a Water Lease Agreement. 1. Lease Terms. The Applicant's lease with the Board of Pueblo Water Works will be a long term lease for a period of not less than thirty years, and will be for an amount not less than 3.22 annual acre feet of water, which amount may be adjusted in accordance with the lease and the needs of this Application ("Leased Water Rights"). The Leased Water Rights consist of, without limitation, the Board's transmountain, totally consumable water, or other water reusable under Colorado law including, but not limited to, return flows of transmountain water and water reusable by exchange, all pursuant to the Board's decrees. Such water shall be of a legal nature that, upon delivery to Applicant, it shall be totally consumable. The Board may make actual delivery of water from the Board's storage water at Clear Creek Reservoir, Turquoise Reservoir, Twin Lakes Reservoir, Pueblo Reservoir, from direct flow transmountain water or from any other reservoir place from where the Board may legally deliver water from storage, return flows or by exchange, all pursuant to the Board's water rights decrees. The sources of such fully consumable water are at the option of the Board and may be changed from time to time to meet the operational needs of the Board. The place of delivery of the Leased Water Rights shall be on the Arkansas River immediately downstream of the confluence of Hayden Creek with the Arkansas River in Fremont County, so as to adequately replace depletions to the Arkansas River from Applicant's water uses on the Subject Property. 2.

39 Historic Use. The Leased Water Rights to be used for augmentation have already been determined to be fully consumable pursuant to the Board's existing water rights decree and can be made available to Applicant under the lease. Any necessary determination of historic use of the fully consumable Leased Water Rights from the Board has already been established pursuant to the Board's existing water rights decrees. 10. Statement of plan for augmentation, covering all applicable matters under C.R.S. 1973, §37-92- 302(1) and 305(8). A. The Bighorn Park Resort Development. Applicant owns and operates a mobile home/trailer, campground, RV park located on the Subject Property. Additional uses on the Subject Property include a 50 seat restaurant, bath house, swimming pool, restrooms, motel units, camper cabins, laundry and lawn, garden and landscape irrigation. The following represents the existing water uses on the Subject Property: Existing Uses Use Number Recreational Vehicle (RV) spaces 19 Motel Rooms 8 One Room Camper Cabins/ without water or restroom 7 Restaurant 50 seats (100 customers/day) Single Wide mobile home/trailers 7 year round occupied Laundromat 2 machines Public Restrooms 2 Swimming Pool 3912 gallons Lawn/Landscape Irrigation 1.5 acres 1. The mobile home/trailers are year-round occupied. The Motel units, RV spaces, camper cabins are occupied from Mid-April through mid-October (183 days). Irrigation occurs for the April through October period (213 days). The restaurant historically has operated only during the summer tourist season but for purposes of this plan for augmentation, depletions associated with the restaurant and the public restrooms will be calculated assuming year-round use. 2. The water supply for all of the existing uses at the Subject Property, including landscape irrigation, is from the Bighorn Park Spring which water is delivered to the Subject Property at the rate of 25 g.p.m. in the existing 2" O.D. pipeline. In the future, water will continue to be provided to the Subject Property from the existing 25 g.p.m. water right in the Bighorn Spring as well as the development of the conditional water rights in the Bighorn Spring as claimed in this Application. 3. The Applicant’s plan for augmentation as provided herein will fully augment all of the present uses, plus provide the flexibility to reconfigure uses and/or expand the Bighorn Park Resort in accordance with the provisions of this augmentation plan so long as the total amount of annual consumptive uses from all uses does not exceed the replacement credit allowed by the one share of Twin Lakes Reservoir and Canal Company stock to be dedicated to this plan as well as the Leased Water Rights. B. Water Requirements - Existing

40 Uses. Table 1 attached to the Application represents the Existing Water Use at the Subject Property, together with a description of the number of days of use per water use, the annual raw water requirements, consumptive use per unit, the total number of units, the cumulative annual raw water use for all units and the cumulative annual consumptive use for all existing uses within the Subject Property. (Table 1 is on file with the Application and may be examined in the Office of the clerk for Water Division No. 2). The indoor/domestic use for the mobile home/trailers, Motel units, camper cabins and RV spaces are all for in- house use only and consumptive use is calculated using a 10% consumptive use rate. The swimming pool consumptive use is calculated at 100% consumptive, hence all diversions to fill the swimming pool will be 100% replaced. Landscape and lawn/garden irrigation is based upon an applied water rate of 3.1 acre feet per acre, a 70% irrigation efficiency with a net consumptive use of 2.15 acre feet per acre of irrigation. All of the irrigated acreage is located within approximately 300 feet of the Arkansas River and Applicant is claiming credit for irrigation return flows to the Arkansas River. C. Water Requirements - Future Uses: Applicant seeks to retain flexibility in the operation of the Resort and the plan for augmentation, therefore, in the future, Applicant may reconfigure the uses within the Resort, adding or subtracting one type of use and replacing it with another; provided however, that the cumulative annual consumptive use from all uses does not exceed the amount of replacement water Applicant has available under this plan for augmentation. For example, Applicant may add additional mobile home/trailer units and/or hotel units to this plan and still stay under the amount of total annual consumptive use credits available under the average yield of a Twin Lakes Share. As an additional example, Applicant may increase the amount of irrigated landscaping within the Resort so long as he has or will obtain adequate Leased Water Rights available to fulfill his replacement water obligations for said additional irrigated acreage. For all future uses, Applicant will apply the consumptive use rates that are identified in Table 1 and other sections of this Application. Evaporation for Bighorn Park Pond No. 1 is calculated upon the basis of 2.69 acre feet per acre of reservoir surface, net of precipitation, thus a 0.25 acre surface for Bighorn Park Pond No. 1 would create approximately 0.6725 acre feet per year of evaporation. The monthly net evaporation is summarized as follows: Month Evaporation (Inches) January 0.0 February 0.0 March 1.36 April 1.99 May 3.11 June 5.24 July 5.77 August 5.50 September 4.63 October 2.84

41 November 1.88 December 0.0 Total: 32.32 inches 2.69 acre feet D. Sewage Disposal and Return Flows: All sewage disposal for all existing and future uses within the Subject Property is and will be through four (4) non-evaporative septic leach fields located within the Subject Property. Three of the septic leach fields are located within one-hundred (100) feet of the Arkansas River and the fourth septic leach field is located approximately one- hundred and fifty feet (150') from the Arkansas River. The consumptive use rate associated with all domestic/commercial, indoor uses is 10% and Applicant is claiming credit for said septic return flows to the Arkansas River. E. Replacement Water For Domestic/Commercial Type Uses: Utilizing the consumptive use rates with a given consumptive use credit from the 1 share of Twin Lakes Reservoir and Canal Company stock, the exact number of units of each kind of each indoor consumptive use component (not including the outdoor uses of irrigation, swimming pool and reservoir evaporation which will be augmented through the Leased Water Rights) for the development does not have to be predetermined. An accounting system would be formulated to assure that the combined water use from all types of units do not exceed the consumptive use credit from the 1 share of Twin Lakes stock as determined by the Division Engineer, Water Division 2. Table 1 demonstrates that the consumptive use requirements for the existing indoor domestic/commercial uses at Bighorn Park is 0.488 acre feet per year, therefore, the average yield from 1 Twin Lakes Share is adequate to fully augment those existing indoor domestic/commercial type uses. F. Replacement Water For Outside Uses. The existing outdoor uses (irrigation and swimming pool) at Bighorn Park consume 3.22 acre feet per year which is 3.2 acre feet for irrigation of 1.5 acres of landscaping and 0.012 acre feet per year from the swimming pool. Applicant will obtain Leased Water Rights in an amount not less than 3.22 acre feet per year which water is adequate to fully augment these existing uses. For any future expansion of irrigation or other outside use such as evaporation from Bighorn Park Pond No. 1 when constructed, Applicant will obtain additional Leased Water Rights to provide the additional replacement water necessary to fully augment out-of-priority depletions associated with said additional uses. The consumptive use rates for these future are specified in this Application. G. Augmentation Plan Operation. At current administrative levels applicant will have adequate augmentation credit available from the Twin Lakes Share to fully augment the total consumptive use demand from the existing indoor domestic/commercial uses in Bighorn Park. Should the Twin Lakes Reservoir and Canal Company and/or the Division Engineer determine that the consumptive use credit is less than the consumptive use from the development, the components will be adjusted accordingly or additional shares of Twin Lakes Reservoir and Canal Company stock (or other augmentation water source acceptable to the Division Engineer) will be added to the plan. Annual

42 accounting forms will be provided to the Division Engineer setting forth each consumptive use component and the number of units utilizing water for each component. 1. For the outdoor uses, including irrigation, swimming pool and reservoir evaporation, Applicant will provide Leased Water Rights in an amount that will fully augment the total consumptive use demands. Should the Division Engineer determine that the consumptive use credit from the Leased Water Rights is less than the consumptive use from the outdoor uses within the development, the components will be adjusted accordingly or additional Leased Water Rights will be added to the plan. Annual accounting forms will be provided to the Division Engineer setting forth each outdoor consumptive use component, including the amount of irrigated landscaping and the amount of diversions to those outdoor uses. 2. Additional terms and conditions which will help in the administration of the plan will include the following: (a) Measuring devices separately accounting for the indoor and outdoor uses of water and accounting forms provided to the Division Engineer. (b) Compliance with the bylaws of the Twin Lakes Reservoir and Canal Company relative to submission of the shares of stock for legending restrictions on sale or transfer, and a specific restriction that only that amount of water that is actually available for replacement purposes from the shares of stock will be available for the plan. At the direction of the Division Engineer, additional shares of stock in the Twin Lakes Reservoir and Canal Company (or other acceptable augmentation source) may be added to this plan without an amendment to the plan being necessary. (c) Staff gages and appropriate measuring devices will be installed for Bighorn Park Pond No. 1. (Application and attachments, 18 pages) ------CASE NO. 00CW152 – COMANCHE RESOURCES, LLC, (“Comanche”), 2454 Waynoka Road, Colorado Springs, CO 80915-1612; FOUNTAIN VALLEY POWER, LLC, (“FVP”), c/o Enron North America Corp., Attn: Christopher F. Calger, V.P., 121 SW Salmon Street, 3WT0306, Portland, OR 97204; and FOUNTAIN MUTUAL IRRIGATION COMPANY (“FMIC”), 325 Haversham Drive, Colorado Springs, CO 80906 (Steven T. Monson, Felt, Monson & Culichia, LLC, Attorneys for Applicants Comanche and FMIC, 319 North Weber Street, Colorado Springs, CO 80903; and Michael D. Shimmin, Vranesh & Raisch, Attorneys for FVP, 1720 14th St., #200, P.O. Box 871, Boulder, CO 80306) Application for Underground Water Rights and Amendment of Plan for Augmentation El Paso County II. GENERAL STATEMENT OF APPLICANTS' PLAN On November 15, 2000, Comanche received a final decree for an underground water right and a plan for augmentation in Case No. 99CW146, District Court for Water Division 2. This case granted a decree for POA Well No. 1 as part of a central water system for Comanche to supply water to the Exhibit A service area for use for domestic, livestock, commercial, industrial, fire protection, irrigation, use, reuse and successive use to extinction. Exhibit A is on file with the Application and may be

43 examined in the Office of the Clerk for Water Division No. 2. Diversions from POA Well No. 1 are considered one hundred percent depletive and those depletions are replaced under the decreed augmentation plan in quantity, timing and location by use of consumptive use credits attributable to 314 shares of Fountain Mutual Irrigation Company ("FMIC") which are included in the augmentation plan. Subsequent to November 15, 2000, Comanche reached an agreement with FVP to provide augmentation for water use at a proposed power plant to be located within Comanche's service area. The purpose of this filing is to supplement the existing augmentation plan in Case No. 99CW146 by adding the FVP Well Field for the physical water supply to FVP's power plant, adding CR Well No. 1 for an additional water supply for Comanche, and committing an additional 103 shares of FMIC as augmentation water. This supplementation is requested for the same service area and under the same standards, terms and conditions as decreed in Case No. 99CW146. Commitments by Comanche to provide water within the Exhibit A service area now require that Comanche include the FVP Well Field for the physical supply of water to the power plant and supplement the augmentation plan with additional FMIC shares to cover the depletions from the well field. CR Well No. 1 is to provide a water supply to the Exhibit A service area in addition to POA Well No. 1 and the FVP Well Field. Paragraph 18 of the existing decree states that Comanche shall be entitled, as herein requested, to add additional shares of FMIC to this plan of augmentation, and to receive credit for those shares to augment additional depletions for use within the Exhibit A service area. A copy of the decree in Case No. 99CW146 is attached to the Application as Exhibit B and available for inspection at the Office of the Clerk for Water Division No. 2. III. APPLICATION FOR CONDITIONAL UNDERGROUND WATER RIGHT A. FVP WELL FIELD 1. Name of Structure. The name of the structure is FVP Well Field. Co-applicant FVP plans to construct between one and four new wells to supply water to a power plant that it is planning to build within the Exhibit A service area. FVP is in the process of drilling test holes and evaluating where to construct these wells at this time, but has not yet selected final locations for these wells. FVP seeks a conditional water right for its well field to cover any final location ultimately selected for these wells. FVP has not yet applied for well permits, but will do so when the results of test drilling have allowed the final locations to be selected. 2. Legal Description. The FVP Well Field will be located on land owned by Sam and Kathleen Guadagnoli in Sections 23, 24 and 26, Township 17 South, Range 65 West, 6th P.M., El Paso County, Colorado, as more particularly described in Exhibit C attached to the Application and available for inspection at the Office of the Clerk for Water Division No. 2. 3. Source. The source of the Well Field is the alluvium of Fountain Creek, tributary to the Arkansas River. The depth of the wells will be approximately thirty to one hundred feet. 4. Appropriation. The appropriation date claimed for this structure is December 11, 2000. The appropriation was initiated by FVP formulating the intent to build the power plant and use water in it, by going upon the land with the permission of the land owner and drilling test holes, and by entering into an option

44 agreement with Comanche to provide the augmentation water needed to cover the depletions associated with the use of water from the FVP Well Field. 5. Amount. The volume of water to be pumped by the FVP Well Field will vary depending upon the amount of electricity generated at the power plant, but is estimated at this time to be an annual maximum of 224 acre feet, conditional. The rate of flow to be pumped will depend upon the results of the test drilling, but is estimated to be a maximum of 1,300 gpm, conditional, as a collective total from all wells constructed in the Well Field. FVP has agreements in place with Comanche to provide for augmentation of this amount of pumping, so that all amounts pumped from the FVP Well Field will be properly augmented, as provided by law, under Comanche's plan for augmentation in Case No. 99CW146, as amended hereby. 6. Use. The use of the water from the FVP Well Field will be to provide a water supply to FVP's proposed power plant, which may include industrial, commercial, irrigation, fire protection and cooling purposes, and may involve use, reuse, successive use and disposition of this water within the Exhibit A service area to extinction. The power plant will be located within Section 20, Township 17 South, Range 65 West, 6th P.M., El Paso County, Colorado. 7. Name and Address of Owners. The FVP Well Field will be owned and operated by FVP. Comanche will own and operate the augmentation water and the augmentation plan described herein and in Case No. 99CW146. The FVP Well Field is located upon land owned by Sam and Kathleen Guadagnoli, c/o Gregory Timm, 407 S. Tejon, Colorado Springs, Colorado, 80903. Comanche and FVP are in the process of completing the acquisition of easements for the FVP Well Field and associated pipelines and other facilities. All test drilling and other access to this property has been with the knowledge and consent of the owners. B. CR WELL NO. 1 1. Name of Structure. The name of the structure is CR Well No. 1. Comanche plans to construct a new well to provide a water supply to the Exhibit A service area in addition to POA Well No. 1 and the FVP Well Field. A test hole has been drilled and Comanche is in the process of evaluating where to construct the well on the subject three and one-half acre site, but has not selected the final location. Comanche seeks a conditional water right for the final location selected for this well. Comanche has not yet applied for the well permit, but will do so when the final location has been determined. 2. Legal Description. CR Well No. 1 will be located on a three and one-half acre tract in Section 26, Township 17 South, Range 65 West, 6th P.M., as more particularly described in Exhibit D to the Application available for inspection at the Office of the Clerk for Water Division No. 2. 3. Source. The source of the well is the alluvium of Fountain Creek, tributary to the Arkansas River. The depth of the well will be approximately thirty to fifty feet. 4. Appropriation Date. The appropriation date claimed for this structure is November 1, 2000. The appropriation was initiated through the location and drilling of the test well on the property, and Comanche's acquisition of the additional FMIC shares, all with the intent to acquire and appropriate water for beneficial use as set forth in this Application. Water has not yet been applied for the beneficial use as requested herein by Comanche. 5. Amount.

45 The rate of flow requested from this well is 300 gpm, with a total pumping volume of 220 annual acre feet, conditional. All amounts pumped from CR Well No. 1 will be properly augmented, as provided by law, under the Applicant's plan for augmentation in Case No. 99CW146, as amended hereby. 6. Use. The use of water from CR Well No. 1 will be to provide a water supply to the Exhibit A service area in addition to the POA Well No. 1 and the FVP Well Field, which uses will include domestic, livestock, commercial, industrial, irrigation, fire protection and for use, reuse and successive use to extinction. 7. Name and Address of Well Owners. CR Well No. 1 will be owned and operated by Comanche under the plan of augmentation in Case No. 99CW146, as amended hereby. The well is located upon land owned by Little Pedro Mining Company, Inc., whose address is 2454 Waynoka Rd., Colorado Springs, Colorado, 80915. Comanche is in the process of obtaining the easements for CR Well No. 1 and associated pipeline and other facilities. All test drilling and other access to this property has been with the knowledge and consent of the owner which is a related entity to Comanche. IV. SUPPLEMENT TO PLAN FOR AUGMENTATION A. Name of Additional Structure to be Augmented. The additional structures to be augmented are the FVP Well Field and CR Well No. 1 as set forth in Section III of this Application. B. Water Rights to be Used for Supplemental Augmentation. The water rights to be used for supplemental augmentation are an additional 103 shares of FMIC. These shares are to be in addition to the 314 shares of FMIC already committed to this augmentation plan. The 417 total shares of FMIC will be collectively used to augment all uses described in both Case No. 99CW146 and this Application. FMIC diverts its water to the Fountain Mutual Ditch from Fountain Creek, tributary to the Arkansas River, at its headgate located in the SW 1/4 of Section 20, Township 14 South, Range 66 West, 6th P.M. FMIC's water rights were originally decreed for irrigation purposes. Those water rights have been the subject of numerous change actions and plans of augmentation. FMIC water rights are decreed as follows: DIRECT FLOW Fountain Creek Priority No. Priority Date Decree Date Total Decree (cfs) 4 9/21/1861 3/6/1882 9.84 (5.38)1 7 4/1/1862 3/6/1882 1.125 11 2/1/1863 3/6/1882 16.69 17 12/31/1863 3/6/1882 4.25 (2.125)2

1 FMIC's interest in Priority No. 4 is 5.38 cfs. The amount of 1.73 cfs was changed on application of Security Water District in Case No. 90CW28. In addition to the 5.38 cfs, FMIC claims the right to divert any of the remaining 2.73 cfs decreed to this priority which is not used by the other owners thereof.

2 Priority No. 17 is referred to as the Janitell's right and FMIC has used 1/2 of the water, or 2.125 cfs, in return for the carriage of the other 2.125 cfs to its owner through

46 21 12/31/1864 3/6/1882 4.65 28 12/31/1866 3/6/1882 8.48 29 12/31/1867 3/6/1882 6.45 41 9/21/1874 3/6/1882 17.05 168 1/31/1903 6/2/1919 343.2 STORAGE Fountain Creek Priority No. Priority Date Decree Date Total Decree (AF) Fountain 3/18/1903 6/2/1919 10,000 C. Historic Use. FMIC water rights have been decreed for use in numerous other changes of water rights and plans of augmentation. In those previous cases, this court has determined that each share of FMIC has historically yielded on the average the equivalent of 0.7 acre feet of net replacement or consumptive use water each year, which number represents a portion of the farm headgate delivery. These findings have been previously established by this court, without limitation, in the decrees in Case Nos. 90CW28, 95CW3, 90CW7 (entered November 13, 2000), and 99CW146 (entered November 15, 2000), Water Division 2. The replacement or augmentation credit allowed to FMIC water rights, as also determined in prior cases, is a percentage of the FMIC actual delivery to its shareholders computed on the basis of the following table. FMIC REPLACEMENT CREDIT Replacement Credit as a Percentage Month of Farm Headgate Delivery January 47 February 58 March 70 April 70 May 70 June 70 July 72 August 72 September 74 October 66 November 40 December 49 This historic consumptive use of FMIC shares was recently affirmed in Case No. 95CW3, which findings are binding as a matter of res judicata. Williams v. Midway Ranches Property Owners Association, Inc., 938 P.2d 515 (Colo. 1997). This same historic consumptive use was most recently affirmed in Case Nos.

the FMIC ditch. By Decree Authorizing Change in Point of Diversion in Civil Action No. 38180, entered July 29, 1959, the point of diversion for this 4.25 cfs of Priority No. 17 of the Laughlin Ditch was changed to the headgate of the Fountain Mutual Ditch.

47 90CW7 and 99CW146 decreed on November 13, 2000 and November 15, 2000, respectively. There have been no material changed circumstances since this last decree to modify these historic consumptive use determinations. Applicants request that the court find that each FMIC share has historically yielded on the average the equivalent of 0.7 acre feet of net replacement or consumptive use water each year, which number represents a portion of farm headgate delivery. For the additional 103 shares, this represents an average consumptive use of 72.1 annual acre feet which may be used for replacement water pursuant to Comanche's augmentation plan in Case No. 99CW146 as amended hereunder. The total amount of consumptive use under the FMIC water rights varies from year to year based upon the amount of water available for diversion under those rights. Therefore, the actual consumptive use available from such shares shall be based on actual in-priority diversions applied to the above monthly replacement credits schedule. As Applicants rely upon these prior determinations, diversion records and a map are not submitted. D. Statement of Plan for Supplemental Augmentation. The consumptive use attributable to Comanche's 103 additional shares of FMIC shall be committed to the plan of augmentation in Case No. 99CW146 as amended hereunder to replace the out of priority depletions associated with the diversions from Midway Ranches POA Well No. 1, the FVP Well Field, and CR Well No. 1. Applicants do not claim any return flows from the wells' diversions, and therefore diversions from the wells are to be considered one-hundred percent depletive for purposes of this amended plan. Although no return flows are claimed in this Application, those return flows are not abandoned by the Applicants, and the Applicants reserve the right to file a separate application or amendment to take credit for return flows. Water available under Comanche's shares will be diverted at the headgate of the Fountain Mutual Ditch and released back to Fountain Creek at the Spring Creek Augmentation Station, and Comanche will contract with FMIC for the use of the augmentation station. The replacement credits under this plan for Fountain Mutual shares will be computed as a percentage of actual FMIC in priority diversions applied to the above monthly replacement credit schedule. Depletions from the Midway Ranches POA Well No. 1 to Fountain Creek are already calculated under the decree in Case No. 99CW146 on a monthly basis by the use of the Glover analysis approved in the existing augmentation decree. Depletions from the FVP Well Field and CR Well No. 1 to Fountain Creek will also be calculated monthly by separate Glover analyses. The release of replacement water from the FMIC water rights will be made to replace those monthly depletions as calculated in accordance with the respective Glover analysis for the diversions from each of the wells constructed. Excess consumptive use credits from FMIC shares dedicated for augmentation purposes will be stored in Comanche's share of the storage space in Big Johnson Reservoir owned by FMIC. Those excess credits stored in Big Johnson Reservoir are to be used for an intraditch exchange during any month in which Comanche's deliveries of water to the Spring Creek augmentation station may be inadequate. The intraditch exchange from Big Johnson Reservoir to the

48 Spring Creek augmentation station will operate at any time FMIC is diverting water, except when both (a) Big Johnson Reservoir is full, and (b) the date is between November 15 and March 15. Comanche's FMIC water rights as changed herein for augmentation purposes will be permanently removed from their historical use for irrigation and the historically irrigated property will no longer be irrigated at such time as these shares are committed to meet depletions under this plan of augmentation. Until so used in this plan of augmentation, such FMIC shares may be continued to be used through the Fountain Mutual Ditch in accordance with the terms of its decrees. Once shares have been dedicated to this plan for replacement purposes, those shares will not be used for other purposes absent a new water court application. The Fountain Mutual system is a water short system, and the withdrawal of water deliveries under the Fountain Mutual Ditch to lands under the FMIC system results in naturally reduced irrigation and the dry up of property. No dry up covenant of Fountain Mutual lands is therefore required for shares committed to this plan of augmentation. Williams v. Midway Ranches Property Owners Association, Inc., 938 P.2d 515 (Colo. 1997); and Case Nos. 97CW7, 90CW28, 95CW3 and 99CW146. E. Name and Address of Owner of Land Upon Which Structures Are Located. The FVP Well Field will be owned and operated by FVP. Comanche will own and operate the augmentation water and the augmentation plan described herein and in Case No. 99CW146. The FVP Well Field is located upon land owned by Sam and Kathleen Guadagnoli, c/o Gregory Timm, 407 S. Tejon, Colorado Springs, Colorado, 80903. Comanche and FVP are in the process of completing the acquisition of easements for the FVP Well Field and associated pipelines and other facilities. All test drilling and other access to this property has been with the knowledge and consent of the owners. CR Well No. 1 will be owned and operated by Comanche under the plan of augmentation in Case No. 99CW146, as amended hereby. The well is located upon land owned by Little Pedro Mining Company, Inc., whose address is 2454 Waynoka Rd., Colorado Springs, Colorado, 80915. Comanche is in the process of obtaining easements for CR Well No. 1 and associated pipeline and other facilities. All test drilling and other access to this property has been with the knowledge and consent of the owner, which is a related entity to Comanche. F. Additional Information/Requests. The 314 FMIC shares decreed as augmentation for existing POA Well No. 1 under Case No. 99CW146, and the 220 acre feet of average annual historic consumptive use attributable thereto, are to be changed to include augmentation of the FVP Well Field and CR Well No. 1 under the same terms and conditions of Case No. 99CW146. A new Glover analysis and replacement schedule will be applied for the FVP Well Field and CR Well No. 1, with the Glover analysis being separately operated for each of the wells constructed for their respective diversions, with replacement water provided to Fountain Creek on a monthly basis to match the timing of the monthly depletions under the Glover analyses. G. Terms and Conditions. Applicants propose the following additional terms and conditions to prevent injury to other vested water rights by this application: 1. A totalizing flow meter

49 will be installed on CR Well No. 1 and all wells constructed in the FVP Well Field to allow accurate monitoring of this augmentation plan, as amended hereby. 2. Monthly accountings shall be made to the Division Engineer demonstrating compliance with this plan for each well, including diversions for each well, total stream depletions, available augmentation water credit and any intraditch exchange. Augmentation water available under the Comanche's FMIC shares and measured through the augmentation station shall always equal or exceed the out of priority depletions of POA Well No. 1, the FVP Well Field and CR Well No. 1 to Fountain Creek. 3. Comanche shall measure and account for its entitlement under its FMIC shares through use of the FMIC Spring Creek augmentation station. 4. The Division Engineer shall assess appropriate transit losses, if any. 5. Only that amount of water actually available and attributable to Comanche's 417 shares of FMIC stock will be made available for purposes of this amended augmentation plan. 6. Applicants will curtail their well diversions as required by this decree and directed by the Division Engineer if the available water directly attributable to Comanche's 417 shares of FMIC stock is not sufficient to fully augment the depletions under this plan. WHEREFORE, the Applicants request that this Application for Underground Water Right and Amendment of Plan for Augmentation be granted as requested herein, and for such other and further relief as the court deems appropriate in these circumstances. (Application and attachments, 30 pages) ------CASE NO. 00CW153 – SILVER MOUNTAIN PRESERVE, INC. AND TRAVIS R. and RENEE L. CRAWFORD, 4775 Broadlake View, Colorado Springs, CO 80906 (James G. Felt, Steven T. Monson, James W. Culichia and Bradford R. Benning, Felt, Monson & Culichia, LLC, Attorneys for Applicants, 319 North Weber Street, Colorado Springs, CO 80903) Application for Surface Water Rights, Underground Water Rights, Water Storage Rights, Change of Water Rights, and Plan for Augmentation Huerfano County B. APPLICATION FOR SURFACE WATER RIGHTS: Applicants desire to adjudicate four surface water rights in connection with their development at Silver Mountain Preserve, Huerfano County, Colorado. 1. Name of Structure: Indian Ditch a. Legal Description of Point of Diversion: South bank of an unnamed water course located in the SE ¼ NW ¼ of Section 3, Township 29 South, Range 68 West of the 6th P.M. being located N 67º 21' 47" E a distance of 2,972 feet from the W 1/4 corner of said Section 3, Huerfano County, Colorado. b. Source: Unnamed water course tributary to North Abeyta Creek, tributary to the Cucharas River, tributary to the Huerfano River, tributary to the Arkansas River. c. Appropriation: i. Date of initiation of appropriation: October 31, 2000; ii. How appropriation was initiated: By formation of the intent to appropriate water, conducting an engineering field trip and survey of point of diversion and commencement of rehabilitation of an existing unadjudicated ditch structure. iii. Date applied to beneficial use: Water has

50 not yet been applied to beneficial use. d. Amount Claimed: 1.0 cfs conditional; e. Use: Stock water, irrigation, fish propagation, recreation, wildlife habitat, fire protection, augmentation and storage for those uses. i. Irrigation use will be for 50 acres in the NE ¼ Section 3 and NW ¼ Section 2, T 29 S, R 68 W, 6th P.M. f. Remarks: Applicants seek to rehabilitate an old unadjudicated ditch structure that has fallen into disrepair for the purposes described above. The Indian Ditch will be the source of water for the Indian Pond adjudicated herein. 2. Name of Structure: Mule Deer Springs a. Legal Description: In the SW ¼ SE ¼, Section 34, Township 28 South, Range 68 West, 6th P.M., lying N 86º 11' 59" W a distance of 1,468 feet from the SE corner of said Section 34, Huerfano County, Colorado. b. Source: Springs tributary to North Abeyta Creek, tributary to the Cucharas River, tributary to the Huerfano River, tributary to the Arkansas River. c. Appropriation: i. Date of initiation of appropriation: October 31, 2000; ii. How appropriation was initiated: By formation of intent to appropriate water, conducting an engineering field trip, survey of point of diversion and partial development of the springs. iii. Date water applied to beneficial use: Water has not yet been applied to beneficial use. d. Amount Claimed: .033 cfs (16 gpm) conditional; e. Use: Stock water, fish propagation, recreation, wildlife habitat, fire protection, augmentation and storage for those uses. f. Remarks: Mule Deer Springs will be one of the sources of water for Mule Deer Pond, Cattail Pond and Abeyta Lake adjudicated herein. 3. Name of Structure: Horse Pond Diversion a. Legal Description: In the NW 1/4 NW 1/4 of Section 3, Township 29 South, Range 68 West, of the 6th P.M. being located S 67º 39' 8" E a distance of 415 feet from the NW corner of said Section 3, Huerfano County, Colorado. b. Source: North Abeyta Creek, tributary to the Cucharas River, tributary to the Huerfano River, tributary to the Arkansas River. c. Appropriation: i. Date of initiation of appropriation: October 31, 2000; ii. How appropriation was initiated: By formation of intent to appropriate water, conducting an engineering field trip and survey of location of point of diversion. iii. Date water applied to beneficial use: Water has not yet been applied to beneficial use. d. Amount Claimed: 0.5 cfs conditional; e. Use: Stock water, irrigation, fish propagation, recreation, wildlife habitat, commercial, fire protection, augmentation and storage for those uses. i. Irrigation use will be for 25 acres in the SE ¼ Section 34 and SW ¼ Section 35, T 28 S, R 68 W, 6th P.M. f. Remarks: Horse Pond Diversion will be the source of water for the Horse Pond adjudicated herein and other stock water tanks and commercial/recreational uses in Sections 34 and 35, Township 28 South, Range 68 West, 6th P.M. 4. Name of Structure: Roadrunner Spring. a. Legal Description: In the NW ¼ NE ¼, Section 35, Township 28 South, Range 68 West, 6th P.M., lying S 64º 00' 25" W a distance of 2170 feet from the NE corner of said Section 35, Huerfano County, Colorado. b. Source: Spring tributary to unnamed water course, tributary to North Abeyta Creek, tributary to the Cucharas River, tributary to the Huerfano River, tributary to the Arkansas River. c. Appropriation: i. Date of initiation of appropriation: July 19, 2000;

51 ii. How appropriation was initiated: By location of spring area in an arroyo and development of that spring to a depth of six feet and installation of pipeline from spring box. iii. Date water applied to beneficial use: August 1, 2000. d. Amount Claimed: .11 cfs (50 gpm) absolute. e. Use: Stock water, fish propagation, recreation, wildlife habitat, commercial, fire protection, augmentation and storage for those uses. f. Remarks: Roadrunner Spring delivers water by pipeline to Roadrunner Pond No. 1 adjudicated herein. C. APPLICATION FOR WATER STORAGE RIGHTS: Applicants desire to adjudicate nineteen water storage rights in connection with their development at Silver Mountain Preserve, Huerfano County, Colorado. 1. Name of Reservoir: Indian Pond a. Legal Description of Center of Dam: In the NW ¼, NW ¼, Section 2, Township 29 South, Range 68 West, 6th P.M., lying S 32º 56' 34" E a distance of 704 feet from the NW corner of said Section 2, Huerfano County, Colorado. b. Source: Natural runoff, Indian Ditch adjudicated herein, and Stauder Well No. 5 tributary to North Abeyta, tributary to the Cucharas River, tributary to the Huerfano River, tributary to the Arkansas River. c. Appropriation: i. Date of initiation of appropriation: October 31, 2000. ii. How appropriation was initiated: By formation of the intent to impound water, conducting an survey engineering field trip and survey of location of an existing stock water dam. iii. Date water applied to beneficial use: Water has not yet been applied to beneficial use. d. Amount Claimed: 110 acre feet capacity conditional, with right to fill and refill. e. Use: Stock water, irrigation, fish propagation, recreation, wildlife habitat, riparian habitat, fire protection and augmentation. i. Irrigation use is for 50 acres in the NE ¼ Section 3 and NW ¼ Section 2, T 29 S, R 68 W, 6th P.M. f. Surface Area: 16.6 acres i. Maximum height of dam in feet: 17 feet; ii. Length of dam in feet: 346 feet; iii. Depth of water at spillway: 10 feet. g. Total Capacity of Reservoir in Acre Feet: 110 acre feet. i. Active storage: 110 acre feet. ii. Dead storage: 20 acre feet. h. Remarks: This pond is an off-channel reservoir at the location of an existing exempt stock water pond. Applicants desire to adjudicate this pond on as a nonexempt structure and add nonexempt uses. Applicants claim the right to fill and refill the capacity of the reservoir. 2. Name of Reservoir: Cattail Pond a. Legal Description of Center of Dam: In the NW 1/4 NW 1/4 of Section 2, Township 29 South, Range 68 West, 6th P.M., lying S 59º 30' 27" E a distance of 444 feet from the NW corner of said Section 2, Huerfano County, Colorado. b. Source: North Abeyta Creek, tributary to the Cucharas River, tributary to the Huerfano River, tributary to the Arkansas River. c. Appropriation: i. Date of initiation of appropriation: July 18, 2000. ii. How appropriation was initiated: By reconstruction of an existing roadway known as Willow Springs Road and installation of risers and culverts to impound the waters of North Abeyta Creek. iii. Date water applied to beneficial use: Water has not yet been applied to beneficial use. d. Amount Claimed: 4.28 acre feet capacity conditional, with right to fill and refill. e. Use: Stock water, fish propagation, recreation, wildlife habitat, riparian habitat and fire protection.

52 f. Surface Area: 0.86 acres. i. Maximum height of dam in feet: 15 feet; ii. Length of dam in feet: 64 feet; iii. Depth of water at spillway: 10 feet. g. Total capacity of reservoir in acre feet: 4.28 acre feet. i. Active storage: 3.28 acre feet ii. Dead storage: 1 acre feet. h. Remarks: This pond is located in a historically boggy area with existing standing water within the channel of North Abeyta Creek. Applicants claim the right to fill and refill the capacity of the reservoir. 3. Name of Reservoir: Mule Deer Pond a. Legal Description of Center of Dam: In the NW ¼ NE ¼, Section 3, Township 29 South, Range 68 West, 6th P.M., lying S 77º 07' 35" W a distance of 1356 feet from the NE corner of said Section 3, Huerfano County, Colorado. b. Source: North Abeyta Creek and Mule Deer Springs, tributary to the Cucharas River, tributary to the Huerfano River, tributary to the Arkansas River. c. Appropriation: i. Date of initiation of appropriation: October 31, 2000; ii. How appropriation was initiated: By formation of the intent to impound water, conducting an engineering field trip and survey of location of dam. iii. Date water applied to beneficial use: Water has not yet been applied to beneficial use. d. Amount Claimed: 4.27 acre feet capacity conditional, with right to fill and refill. e. Use: Stock water, fish propagation, recreation, wildlife habitat, riparian habitat and fire protection. f. Surface Area: 0.85 acres. i. Maximum height of dam in feet: 19 feet; ii. Length of dam in feet: 104 feet; iii. Depth of water at spillway: 10 feet. g. Total capacity of reservoir in acre feet: 4.27 acre feet. i. Active storage: 4.27 acre feet. ii. Dead storage: 0 feet. h. Remarks: This pond is an on-channel reservoir. Applicants claim the right to fill and refill the capacity of the reservoir. 4. Name of Reservoir: Waterfall Pond a. Legal Description of Center of Dam: In the NW 1/4 NW 1/4 of Section 3, Township 29 South, Range 68 West, of the 6th P.M. being located S 67º 39' 8" E a distance of 415 feet from the NW corner of Section 3, Huerfano County, Colorado. b. Source: North Abeyta Creek, tributary to the Cucharas River, tributary to the Huerfano River, tributary to the Arkansas River. c. Appropriation: i. Date of initiation of appropriation: October 31, 2000; ii. How appropriation was initiated: By formation of the intent to impound water, conducting an engineering field trip and survey of location of dam. iii. Date water applied to beneficial use: Water has not yet been applied to beneficial use. d. Amount Claimed: 2.84 acre feet capacity conditional, with right to fill and refill. e. Use: Stock water, irrigation, fish propagation, recreation, wildlife habitat, riparian habitat and fire protection. i. Irrigation is for 25 acres of land in the SE ¼ Section 34 and SW ¼ Section 35, T 28 S, R 68 W,6th P.M. f. Surface Area: 0.57 acres. i. Maximum height of dam in feet: 15 feet; ii. Length of dam in feet: 104 feet; iii. Depth of water at spillway: 10 feet. g. Total capacity of reservoir in acre feet: 2.84 acre feet. i. Active storage: 2.84 acre feet; ii. Dead storage: 0 feet. h. Remarks: Pond is an on-channel reservoir. Applicants claim the right to fill and refill the capacity of the reservoir. 5. Name of Reservoir: Horse Pond. a. Legal Description of Center of Dam: In the NW ¼ SW ¼, Section 35, Township 28 South, Range 68 West, 6th P.M.,

53 lying N 03º 12' 47" E a distance of 1,638 feet from the SW corner of said Section 35, Huerfano County, Colorado. b. Source: Natural runoff, Horse Pond Diversion and Equestrian Center Well tributary to North Abeyta Creek, tributary to the Cucharas River, tributary to the Huerfano River, tributary to the Arkansas River. c. Appropriation: i. Date of initiation of appropriation: July 31, 2000. ii. How appropriation was initiated: By construction of Equestrian Center Road and removal of fill material at the pond location. iii. Date water applied to beneficial use: Water has not yet been applied to beneficial use. d. Amount Claimed: 14.2 acre feet capacity conditional, with right to fill and refill. e. Use: Stock water, irrigation, fish propagation, recreation, wildlife habitat, riparian habitat and fire protection. i. Irrigation is for 25 acres in the SE ¼ Section 34 and SW ¼ Section 35, T 28 S, R 68 W, 6th P.M. f. Surface Area: 2.5 acres. i. Maximum height of dam in feet: 15 feet. ii. Length of dam in feet: 323 feet; iii. Depth of water at spillway: 11.4 feet. g. Total capacity of reservoir in acre feet: 14.2 acre feet; i. Active storage: 10 acre feet; ii. Dead storage: 4.2 feet. h. Remarks: Equestrian Center Road will act as the impoundment structure for the pond and a culvert in the road will act as the spillway. Pond is an off-channel reservoir. Applicants claim the right to fill and refill the capacity of the reservoir. 6. Name of Reservoir: Mesa Pond. a. Legal Description of Center of Dam: In the SE 1/4 of Section 33, Township 28 South, Range 68 West, 6th P.M., the SE corner of said Section 33, lying S 41º 19' 7" E a distance of 1,783 feet from the center of the dam, Huerfano County, Colorado. b. Source: Natural runoff and Stauder No. 8 Well. c. Appropriation: i. Date of initiation of appropriation: October 31, 2000. ii. How appropriation was initiated: By formation of the intent to impound water, conducting an engineering field trip and survey of location of dam. iii. Date water applied to beneficial use: Water has not yet been applied to beneficial use. d. Amount Claimed: 8.38 acre feet capacity conditional, with right to fill and refill. e. Use: Stock water, irrigation, fish propagation, recreation, wildlife habitat, riparian habitat and fire protection. i. Irrigation use will be for 5 acres in the SE ¼ Section 33, T 28 S, R 68 W, 6th P.M. f. Surface Area: 1.77 acres. i. Maximum height of dam in feet: 15 feet. ii. Length of dam in feet: 240 feet; iii. Depth of water at spillway: 10 feet. g. Total capacity of reservoir in acre feet: 8.38 acre feet i. Active storage: 8.38 acre feet; ii. Dead storage: 0 acre feet. h. Remarks: Mesa Pond will be a rehabilitation of an existing exempt stock water impoundment which Applicants wish to adjudicate as a nonexempt structure and add nonexempt uses. Pond is an off-channel reservoir. Applicants claim the right to fill and refill the capacity of the reservoir. 7. Name of Reservoir: Abeyta Lake. a. Legal Description of Center of Dam: In the NE ¼ SW ¼ Section 31, Township 28 South, Range 67 West, 6th P.M., lying N 47º 29' 29" E a distance of 2,825 feet from the SW corner of said Section 31, Huerfano County, Colorado. b. Source: North Abeyta Creek, tributary to the Cucharas River, tributary to the Huerfano River, tributary to the Arkansas River. c. Appropriation: i. Date of initiation of appropriation:

54 December 28, 2000. ii. How appropriation was initiated: By formation of the intent to impound water, conducting an engineering field trip and survey of location of dam. iii. Date water applied to beneficial use: Water has not yet been applied to beneficial use. d. Amount Claimed: 41.87 acre feet capacity conditional, with right to fill and refill. e. Use: Stock water, fish propagation, recreation, wildlife habitat, riparian habitat, fire protection and augmentation. f. Surface Area: 4.51 acres; i. Maximum height of dam in feet: 24 feet; ii. Length of dam in feet: 107 feet; iii. Depth of water at spillway: 19 feet. g. Total capacity of reservoir in acre feet: 41.87 acre feet. i. Active storage: 41.87 acre feet ii. Dead storage: 0 acre feet. h. Remarks: Reservoir is on the channel of North Abeyta Creek. Applicants claim the right to fill and refill the capacity of the reservoir. 8. Name of Reservoir: Roadrunner Pond No. 1. a. Legal Description of Center of Dam: In the NE ¼ NE 1/4 of Section 35, Township 28 South, Range 68 West, 6th P.M.; the NE section corner of said Section 35 lying N 55º 26' 45" E a distance of 1,532 feet from the center of the dam, Huerfano County, Colorado. b. Source: Natural runoff, Roadrunner Spring, Stauder No. 2 Well and Silver Mountain Preserve Well No. 1. All sources are on an unnamed tributary to North Abeyta Creek, tributary to the Cucharas River, tributary to the Huerfano River, tributary to the Arkansas River. c. Appropriation: i. Date of initiation of appropriation: July 19, 2000; ii. How Appropriation was initiated: By rehabilitation of an existing exempt stock water impoundment, creation of a spillway, development of a source of water and the impoundment of water. iii. Date water applied to beneficial use: August 1, 2000. d. Amount Claimed: 2.18 acre feet capacity absolute, with right to fill and refill. e. Use: Stock water, fish propagation, recreation, wildlife habitat, riparian habitat and fire protection. f. Surface Area: 0.51 acres. i. Maximum height of dam in feet: 19 feet ii. Length of dam in feet: 205 feet iii. Depth of water at spillway: 10 feet. g. Total capacity of reservoir in acre feet: 2.18 acre feet. i. Active storage: 2.18 acre feet; ii. Dead storage: 0 acre feet. h. Remarks: In priority appropriation of water from Roadrunner Spring into Roadrunner No. 1 Pond is claimed as of the date of appropriation of water storage. Pond is an off-channel reservoir. Applicants claim the right to fill and refill the capacity of the reservoir. This reservoir was an existing exempt stock water pond which Applicants seek to adjudicate as a nonexempt structure and add nonexempt uses. 9. Name of Reservoir: Roadrunner Pond No. 2. a. Legal Description of Center of Dam: In the SW ¼ SE ¼ of Section 26, Township 28 South, Range 68 West, 6th P.M., lying N 76º 23' 49" W a distance of 1,634 feet from the SE corner of said Section 26, Huerfano County, Colorado. b. Source: Natural runoff, Stauder No. 2 and Silver Mountain Preserve Well No. 1 tributary to an unnamed water course tributary to North Abeyta Creek, tributary to the Cucharas River, tributary to the Huerfano River, tributary to the Arkansas River. c. Appropriation: i. Date of Initiation of Appropriation: October 31, 2000; ii. How Appropriation Was Initiated: By formation of intent to appropriate water, conducting an engineering

55 field trip and survey of location of dam. iii. Date Water Applied to Beneficial Use: Water has not yet been applied to beneficial use. d. Amount Claimed: 2.74 acre feet capacity conditional, with right to fill and refill. e. Use: Stock water, fish propagation, recreation, wildlife habitat, riparian habitat and fire protection. f. Surface area: 0.72 acres. i. Maximum height of dam in feet: 18 feet; ii. Length of dam in feet: 205 feet; iii. Depth of water at spillway: 10 feet. g. Total capacity of reservoir in acre feet: 2.74 acre feet. i. Active storage: 0 acre feet; ii. Dead storage: 2.74 acre feet. h. Remarks: This reservoir is an existing exempt livestock water tank impoundment which Applicants seek to adjudicate as a nonexempt structure and add additional nonexempt uses. This pond is an off-channel reservoir. Applicants claim the right to fill and refill the capacity of the reservoir. 10. Name of Reservoir: High Mesa Pond. a. Legal Description of Center of Dam: In the SW ¼ NE ¼ of Section 28, Township 28 South, Range 68 West, 6th P.M., lying S 29º 19' 58" W a distance of 2,970 feet from the NE corner of said Section 28, Huerfano County, Colorado. b. Source: Natural runoff and Silver Mountain Preserve Well No. 2, the reservoir being located in an unnamed water course tributary to North Abeyta Creek, tributary to the Cucharas River, tributary to the Huerfano River, tributary to the Arkansas River. c. Appropriation: i. Date of initiation of appropriation: October 31, 2000. ii. How appropriation was initiated: By formation of intent to appropriate water, conducting an engineering field trip and survey of location of dam. iii. Date water applied to beneficial use: Water has not yet been applied to beneficial use. d. Amount Claimed: 2.6 acre feet capacity conditional, with right to fill and refill. e. Use: Stock water, fish propagation, recreation, wildlife habitat, riparian habitat and fire protection. f. Surface Area: 0.56 acres. i. Maximum height of dam in feet: 16.5 feet; ii. Length of dam in feet: 195 feet; iii. Depth of water at spillway: 10 feet. g. Total capacity of reservoir in acre feet: 2.6 acre feet. i. Active storage: 0 acre feet; ii. Dead storage: 2.6 acre feet. h. Remarks: This reservoir is an existing exempt livestock water tank impoundment which Applicants seek to adjudicate as a nonexempt structure and add additional nonexempt uses. This is an off-channel reservoir. Applicants claim the right to fill and refill the capacity of the reservoir. 11. Name of Reservoir: Crawford Lake. a. Legal Description of Dam: In the NW ¼ NE ¼ of Section 33, Township 28 South, Range 68 West, 6th P.M. lying S 87º 23' 45" W a distance of 1987 feet from the NE corner of said Section 33, Huerfano County, Colorado. b. Source: Natural runoff and Stauder No. 7, the reservoir being located in an unnamed water course tributary to North Abeyta Creek, tributary to the Cucharas River, tributary to the Huerfano River, tributary to the Arkansas River. c. Appropriation: i. Date of initiation of appropriation: October 31, 2000. ii. How appropriation was initiated: By formation of intent to appropriate water, conducting an engineering field trip and survey of location of dam. iii. Date water applied to beneficial use: Water has not yet been applied to beneficial use. d. Amount Claimed: 104 acre feet capacity conditional, with right to fill and refill. e. Use:

56 Stock water, irrigation, fish propagation, recreation, wildlife habitat, riparian habitat and fire protection. i. Irrigation is for 50 acres in the NE ¼ Section 33, T 28 S, R 68 W, 6th P.M. f. Surface Area: 15.57 acres. i. Maximum height of dam in feet: 18 feet; ii. Length of dam in feet: 1,010 feet; iii. Depth of water at spillway: 13 feet. g. Total capacity of reservoir in acre feet: 104 acre feet. i. Active storage: 74 acre feet; ii. Dead Storage: 30 acre feet h. Remarks: This reservoir is an existing exempt livestock water tank impoundment which Applicants seek to adjudicate as a nonexempt structure and add additional nonexempt uses. This reservoir is off-channel. Applicants claim the right to fill and refill the capacity of the reservoir. 12. Name of Reservoir: Hay Meadow North Pond. a. Legal Description of Center of Dam: In the NW 1/4 NE 1/4 of Section 32, Township 28 South, Range 68 West, 6th P.M., lying S 57º 27' 39" W a distance of 2,308 feet from the NE corner of said Section 32, Huerfano County, Colorado. b. Source: Natural runoff and Stauder No. 13 Well, the reservoir being located in an unnamed water course tributary to North Abeyta Creek, tributary to the Cucharas River, tributary to the Huerfano River, tributary to the Arkansas River. c. Appropriation: i.Date of initiation of appropriation: October 31, 2000; ii. How appropriation was initiated: By formation of intent to appropriate water, conducting an engineering field trip and survey of location of dam. iii. Date water applied to beneficial use: Water has not yet been applied to beneficial use. d. Amount Claimed: 5.5 acre feet capacity conditional, with right to fill and refill. e. Use: Stock water, fish propagation, recreation, wildlife habitat, riparian habitat and fire protection. f. Surface Area: 0.82 acres. i. Maximum height of dam in feet: 15 feet; ii. Length of dam in feet: 118 feet; iii. Depth of water at spillway: 10 feet. g. Total capacity of reservoir in acre feet: 5.5 acre feet. i. Active storage: 0 acre feet. ii. Dead storage: 5.5 acre feet. h. Remarks: This reservoir is an existing exempt live stock water tank impoundment which Applicants seek to adjudicate as a nonexempt structure and add additional nonexempt uses. This reservoir is off-channel. Applicants claim the right to fill and refill the capacity of the reservoir. 13. Name of Reservoir: Hay Meadow Central Pond. a. Legal Description of Center of Dam: In the NW ¼ SE ¼ of Section 32, Township 28 South, Range 68 West, 6th P.M., lying N 47º 47' 02" W a distance of 2,328 feet from the SE corner of said Section 32, Huerfano County, Colorado. b. Source: Unnamed water course tributary to North Abeyta Creek, tributary to the Cucharas River, tributary to the Huerfano River, tributary to the Arkansas River. c. Appropriation: i. Date of initiation of appropriation: October 31, 2000. ii. How appropriation was initiated: By formation of intent to appropriate water, conducting an engineering field trip and survey of location of dam. iii. Date water applied to beneficial use: Water has not yet been applied to beneficial use. d. Amount Claimed: 10.08 acre feet capacity conditional, with right to fill and refill. e. Use: Stock water, fish propagation, recreation, wildlife habitat, riparian habitat and fire protection. f. Surface Area: 2.02 acres. i. Maximum height of dam in feet: 15 feet. ii. Length of dam in feet: 297 feet.

57 iii. Depth of water at spillway: 10 feet. g. Total capacity of reservoir in acre feet: 10.08 acre feet; i. Active storage: 0 acre feet; ii. Dead storage: 10.08 acre feet. h. Remarks: This reservoir is an existing exempt live stock water tank impoundment which Applicants seek to adjudicate as a nonexempt structure and add additional nonexempt uses. This reservoir is off-channel. Applicants claim the right to fill and refill the capacity of the reservoir. 14. Name of Reservoir: Hay Meadow South Pond. a. Legal Description of Center of Dam: In the NW 1/4 NE 1/4 of Section 5, Township 29 South, Range 68 West, 6th P.M. lying S 67º 33' 43" E a distance of 580 feet from the N 1/4 corner of said Section 5, Huerfano County, Colorado. b. Source: Unnamed water course tributary to North Abeyta Creek, tributary to the Cucharas River, tributary to the Huerfano River, tributary to the Arkansas River. c. Appropriation: i. Date of initiation of appropriation: October 31, 2000; ii. How appropriation was initiated: By formation of intent to appropriate water, conducting an engineering field trip and survey of location of dam. iii. Date water applied to beneficial use: Water has not yet been applied to beneficial use. d. Amount Claimed: 3.95 acre feet capacity conditional, with right to fill and refill. e. Use: Stock water, fish propagation, recreation, wildlife habitat, riparian habitat and fire protection. f. Surface Area: 0.63 acres. i. Maximum height of dam in feet: 15 feet; ii. Length of dam in feet: 165 feet. iii. Depth of water at spillway: 10 feet. g. Total capacity of reservoir in acre feet: 3.95 acre feet. i. Active storage: 0 acre feet. ii. Dead storage: 3.95 acre feet. h. Remarks: This reservoir is an existing exempt live stock water tank impoundment which Applicants seek to adjudicate as a nonexempt structure and add additional nonexempt uses. This reservoir is off-channel. Applicants claim the right to fill and refill the capacity of the reservoir. 15. Name of Reservoir: Elk Lake. a. Legal Description of Center of Dam: In the NE 1/4 SE 1/4 of Section 25, Township 28 South, Range 69 West, 6th P.M. lying S 58º 46' 1" W a distance of 1,332 feet from the E 1/4 corner of said Section 25, Huerfano County, Colorado. b. Source: Natural runoff and Elk Well, the reservoir located in an unnamed water course tributary to North Abeyta Creek, tributary to the Cucharas River, tributary to the Huerfano River, tributary to the Arkansas River. c. Appropriation: i. Date of initiation of appropriation: October 31, 2000. ii. How appropriation was initiated: By formation of intent to appropriate water, conducting an engineering field trip and survey of location of dam. iii. Date water applied to beneficial use: Water has not yet been applied to beneficial use. d. Amount Claimed: 3.95 acre feet capacity conditional, with right to fill and refill. e. Use: Stock water, fish propagation, recreation, wildlife habitat, riparian habitat, fire protection and augmentation. f. Surface Area: 1.25 acres. i. Maximum height of dam in feet: 15 feet. ii. Length of dam in feet: 387 feet. iii. Depth of water at spillway: 10 feet. g. Total capacity of reservoir in acre feet: 3.95 acre feet. i. Active storage: 3.45 acre feet; ii. Dead storage: 0.5 acre feet. h. Remarks: This reservoir is an existing exempt live stock water tank impoundment which Applicants seek to adjudicate as a

58 nonexempt structure and add additional nonexempt uses. This reservoir is off- channel. Applicants claim the right to fill and refill the capacity of the reservoir. 16. Name of Reservoir: Wright and Brink Reservoir. a. Legal Description of Center of Dam: In the SE ¼ NE 1/4, Section 35, Township 28 South, Range 69 West, 6th P.M. the E 1/4 corner of said Section 35 lying S 71º 13' 29" E a distance of 1,054 feet from the center of the dam, Huerfano County, Colorado. b. Source: North Veta Canon Ditch, which diverts water from North Abeyta Creek, tributary to the Cucharas River, tributary to the Huerfano River, tributary to the Arkansas River. c. Appropriation: i. Date of initiation of appropriation: July 2, 1913 as to absolute amounts claimed; October 31, 2000 as to conditional amounts claimed. ii. How appropriation was initiated: As to absolute amounts claimed, by adjudication of Wright and Brink Reservoir, out of North Abeyta Creek adjudicated October 3, 1921 conditionally for 253 acre feet of storage, the construction of dam and application of water for irrigation, stock water and domestic uses. As to conditional amounts claimed, by formation of intent to appropriate water, conducting an engineering field trip, survey of location of dam and enlarged storage area. iii. Date water applied to beneficial use: July 2, 1913 as to absolute amounts claimed; conditional amounts have not yet been applied to beneficial use. d. Amount Claimed: 60.41 acre feet absolute; 112.42 acre feet capacity conditional, with right to fill and refill. e. Use: Absolute: Irrigation, Stock water. Conditional: Stock water, irrigation, fish propagation, recreation, commercial, wildlife habitat, riparian habitat, fire protection and augmentation. i. Absolute irrigation is of 300 acres in Section 32, T 28 S, R 68 W and Section 5, T 29 S, R 68 W, 6th P.M. ii. Conditional irrigation is of 300 acres in Sections 31 and 32, T 28 S, R 68 W and Sections 5 and 6 in T 29 S, R 68 W, 6th P.M. f. Surface Area: 8.66 acres absolute; 3.5 additional surface area for conditional claim. i. Maximum height of dam in feet: 30.6 feet absolute; 35.6 conditional. ii. Length of dam in feet: 628 feet absolute; 682 feet conditional. iii. Depth of water at spillway: 10 feet absolute; 15 feet conditional. g. Total capacity of reservoir in acre feet: 60.41 acre feet absolute; 112.42 acre feet conditional. i. Active storage: 60.41 acre feet absolute, 112.42 acre feet conditional. ii. Dead storage: 0 acre feet. h. Remarks: The overall total capacity of the reservoir after the proposed enlargement is 112.42 acre feet. The original adjudication for Wright and Brink Reservoir was declared abandoned for failure of the Applicants to maintain diligence and to file for absolute water rights. Applicants seeks to readjudicate Wright and Brink Reservoir by this action. Reservoir is off-channel. Applicants claim the right to fill and refill the capacity of the reservoir. 17. Name of Reservoir: Antelope Lake. a. Legal Description of Center of Dam: In the SE ¼ NE ¼ of Section 2, Township 29 South, Range 69 West, 6th P.M. lying S 2º 4' 57" W a distance of 1,394 feet from the NE corner of said Section 2, Huerfano County, Colorado. b. Source: Tres Valles Spring No. 1, 2 and 3, Stauder No. 18, the reservoir being located in an unnamed water course tributary to North Abeyta Creek, tributary to the Cucharas River, tributary to the Huerfano River, tributary to the Arkansas River. c. Appropriation: i. Date of initiation of

59 appropriation: October 31, 2000. ii. How appropriation was initiated: By formation of intent to appropriate water, conducting an engineering field trip and survey of location of dam. iii. Date water applied to beneficial use: Water has not yet been applied to beneficial use for uses other than stock water. d. Amount Claimed: 1.52 acre feet capacity conditional, with right to fill and refill. e. Use: Stock water, fish propagation, recreation, wildlife habitat, riparian habitat, fire protection and augmentation. f. Surface Area: 0.5 acres. i. Maximum height of dam in feet: 15 feet; ii. Length of dam in feet: 156 feet; iii. Depth of water at spillway: 10 feet. g. Total capacity of reservoir in acre feet: 1.52 acre feet. i. Active storage: 1.52 acre feet; ii. Dead storage: 0 acre feet. h. Remarks: This reservoir is an existing exempt live stock water tank impoundment which Applicants seek to adjudicate as a nonexempt structure and add additional nonexempt uses. This reservoir is off-channel. Applicants claim the right to fill and refill the capacity of the reservoir. 18. Name of Reservoir: Citadel Lake. a. Legal Description of Center of Dam: In the SW ¼ SE ¼ of Section 21, Township 28 South, Range 69 West, 6th P.M. lying N 71º 27' 38" W, a distance of 2,108 feet from the SE corner of said Section 21. Huerfano County, Colorado. b. Source: North Abeyta Creek, tributary to the Cucharas River, tributary to the Huerfano River, tributary to the Arkansas River. c. Appropriation: i. Date of initiation of appropriation: October 31, 2000; ii. How appropriation was initiated: By formation of intent to appropriate water, conducting an engineering field trip and survey of location of dam. iii. Date water applied to beneficial use: Water has not yet been applied to beneficial use for uses other than stock water. d. Amount Claimed: 12.76 acre feet capacity conditional, with right to fill and refill. e. Use: Stock water, fish propagation, recreation, wildlife habitat, riparian habitat, fire protection and augmentation. f. Surface Area: 2.13 acres. i. Maximum height of dam in feet: 27 feet; ii. Length of dam in feet: 270 feet; iii. Depth of water at spillway: 10 feet. g. Total capacity of reservoir in acre feet: 12.76 acre feet. i. Active storage: 12.76 acre feet; ii. Dead storage: 0 acre feet. h. Remarks: This reservoir is on-channel. Applicants claim the right to fill and refill the capacity of the reservoir. 19. Name of Reservoir: Coyote Lake. a. Legal Description of Center of Dam: In the NW ¼ SW ¼ of Section 32, Township 28 South, Range 68 West, 6th P.M. The SW corner of said Section 32 lying S 15º 11' 05" W a distance of 2,516 feet from the center of the dam . b. Source: North Abeyta Creek and Stauder No. 15 Well, tributary to North Abeyta Creek, tributary to Cucharas River, tributary to the Huerfano River, tributary to the Arkansas River. c. Appropriation: i. Date of initiation of appropriation: October 31, 2000; ii. How appropriation was initiated: By formation of intent to appropriation water, conducting an engineering field trip and survey of the location of the dam. iii. Date water applied to beneficial use: Water has not yet been applied to beneficial use. d. Amount Claimed: 5.08 acre feet capacity conditional, with right to fill and refill. e. Use: Stock water, fish propagation, recreation, wildlife habitat, riparian habitat, and fire

60 protection. f. Surface Area: 1.02 acres i. Maximum height of dam in feet: 15.5 feet; ii. Length of dam in feet: 278 feet; iii. Depth of water at spillway: 10 feet. g. Total capacity of reservoir in acre feet: 5.08 acre feet. i. Active storage: 5.08 acre feet; ii. Dead storage: 0 acre feet. h. Remarks: This reservoir is an existing exempt livestock water tank impoundment which Applicants seek to adjudicate as a nonexempt structure and add additional nonexempt uses. This reservoir is an on-channel reservoir. Applicants claim the right to fill and refill the capacity of the reservoir. D. APPLICATION FOR UNDERGROUND WATER RIGHTS: Applicants desire to adjudicate the following underground water rights in connection with their development at Silver Mountain Preserve, Huerfano County, Colorado. 1. Name of Well: Silver Mountain Preserve Well No. 1. a. Legal Description: In the SE 1/4 SE 1/4 of Section 26, Township 28 South, Range 68 West, 6th P.M. being 935 feet from the south section line and 1,183 feet from the east section line of said Section 26, Huerfano County, Colorado. b. Source: Poison Canon Formation. c. Depth: 764 feet. d. Appropriation: i. Date of initiation of appropriation: November 5, 2000. ii. How appropriation was initiated: By drilling of well pursuant to State Engineer test hole permit no. 37264MH. iii. Date water applied to beneficial use: Water has not yet been applied to beneficial use. e. Amount Claimed: 300 gpm conditional. f. Proposed Uses: Domestic, commercial, stock water, irrigation for landscaping, lawns and gardens, recreation, wildlife habitat, riparian habitat, fish propagation, fire fighting and storage for those purposes. g. Remarks: Irrigation uses for all wells adjudicated herein will be within the Silver Mountain Preserve development. The general legal description of the property is set forth in paragraph F.1. hereof and a detailed legal description is found in Exhibit B attached to the Application and available for inspection at the Office of the Clerk for Water Division No. 2. 2. Name of Well: Silver Mountain Preserve Well No. 2. a. Legal Description: In the SE 1/4 NW 1/4 of Section 28, Township 28 South, Range 68 West, 6th P.M. being 2,684 feet from the south section line and 2,233 feet from the west section line of said Section 28, Huerfano County, Colorado. b. Source: Poison Canon Formation. c. Depth: 1,000 feet. d. Appropriation: i. Date of initiation of appropriation: August 14, 2000. ii. How appropriation was initiated: By obtaining State Engineer Well permit no. 227844 and thereafter drilling of well. iii. Date water applied to beneficial use: Water has not yet been applied to beneficial use. e. Amount Claimed: 50 gpm conditional. f. Proposed Uses: Domestic, commercial, stock water, irrigation for landscaping, lawns and gardens, recreation, wildlife habitat, riparian habitat, fish propagation, fire fighting and storage for those purposes. 3. Name of Well: Silver Mountain Preserve Well No. 3. a. Legal Description: In the SW 1/4 SE 1/4 of Section 27, Township 28 South, Range 68 West, 6th P.M. being 1,100 feet from the south section line and 480 feet from the west section line of said Section 27, Huerfano County, Colorado. b. Source: Poison Canon Formation. c. Depth: to base of water bearing aquifer. d. Appropriation: i. Date of initiation of

61 appropriation: November 6, 2000. ii. How appropriation was initiated: By obtaining State Engineer permit no. 229837. iii. Date water applied to beneficial use: Water has not yet been applied to beneficial use. e. Amount Claimed: 300 gpm conditional. f. Proposed Uses: Domestic, commercial, stock water, irrigation for landscaping, lawns and gardens, recreation, wildlife habitat, riparian habitat, fish propagation, fire fighting and storage for those purposes. 4. Name of Well: Equestrian Center Well. a. Legal Description: In the NE 1/4 SE 1/4 of Section 34, Township 28 South, Range 68 West, 6th P.M. being 2,402 feet from the south section line and 562 feet from the east section line of said Section 34, Huerfano County, Colorado. b. Source: Poison Canon Formation. c. Depth: 1,000 feet. d. Appropriation: i. Date of initiation of appropriation: August 11, 2000; ii. How appropriation was initiated: By obtaining State Engineer well permit no. 227845 and thereafter drilling of well. iii. Date water applied to beneficial use: Water has not yet been applied to beneficial use. e. Amount Claimed: 15 gpm conditional. f. Proposed Uses: Domestic, commercial, stock water, irrigation for landscaping, lawns and gardens, recreation, wildlife habitat, riparian habitat, fish propagation, fire fighting and storage for those purposes. 5. Name of Well: Indian Well. a. Legal Description: In the SW 1/4 NW 1/4 of Section 4, Township 29 South, Range 68 West, 6th P.M. being 2,637 feet from the north section line and 150 feet from the west section line of said Section 4, Huerfano County, Colorado. b. Source: Alluvium of North Abeyta Creek. c. Depth: 15 feet. d. Appropriation: i. Date of initiation of appropriation: 1920 for absolute claim, October 31, 2000 for conditional claim. ii. How appropriation was initiated: By hand digging a domestic and livestock well for a homestead for absolute claim. For conditional claim, by forming the intent to appropriate water, conducting an engineering field trip and surveying of location of well. iii. Date water applied to beneficial use: 1920 for absolute use, water has not yet been applied to beneficial use for conditional claim. e. Amount Claimed: 3 gpm absolute, 50 gpm conditional f. Proposed Uses: Domestic and livestock for absolute. Domestic, commercial, stock water, irrigation for landscaping, lawns and gardens, recreation, wildlife habitat, riparian habitat, fish propagation, fire fighting and storage for those purposes for conditional. 6. Name of Well: Elk Well. a. Legal Description: In the NW 1/4 SW 1/4 of Section 25, Township 28 South, Range 69 West, 6th P.M. being 2,127 feet from the south section line and 1,319 feet from the west section line of said Section 25, Huerfano County, Colorado. b. Source: Alluvium and near surface formations. c. Depth: To base of water bearing formation. d. Appropriation: i. Date of initiation of appropriation: April 19, 1985-absolute, October 31, 2000-conditional; ii. How appropriation was initiated: For absolute, by drilling a well to service a homestead pursuant to State Engineer permit no. 139746. For conditional, by formation of intent to appropriate water conducting an engineering field inspection and surveying location of the well. iii. Date water applied to beneficial use: April 19, 1985. e. Amount Claimed: 5 gpm absolute, 50 gpm

62 conditional. f. Proposed Uses: Livestock and domestic for absolute. Domestic, commercial, stock water, irrigation for landscaping, lawns and gardens, recreation, wildlife habitat, riparian habitat, fish propagation, fire fighting and storage for those purposes for conditional. 7. Name of Well: Silver Mountain Preserve Central System Wells: Applicants claim underground water rights for additional wells to be drilled on Applicants' property for service to the subdivision lots within the property and for the overall development of the property through its central system or otherwise. a. Legal description: All wells will be located within the Silver Mountain Preserve development the general legal description of which is set forth in paragraph F.1. hereof and detailed legal description is attached to the Application as Exhibit B and available for inspection at the Office of the Clerk for Water Division No. 2. b. Source: All water bearing formations lying beneath the property. c. Depth: To the base of water bearing formations. d. Appropriation: i. Date of initiation of appropriation: December 29, 2000; ii. How appropriation was initiated: By formation of intent to appropriate water and the filing of this Application. iii. Date water applied to beneficial use: Water has not yet been applied to beneficial use. e. Amount Claimed: 500 gpm cumulative for all wells. f. Proposed Uses: Domestic, commercial, stock water, irrigation for landscaping, lawns and gardens, recreation, wildlife habitat, riparian habitat, fish propagation, fire fighting and storage for those purposes. E. APPLICATION FOR CHANGE OF WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION: 1. Name of Structures to be Changed, Supplemented and/or Augmented: All surface water rights, water storage rights and underground water rights adjudicated as listed in Sections B, C and D herein, Tres Valles Spring Nos. 1, 2 and 3; Stauder Well Nos. 2, 3, 5, 6, 7, 8, 11, 13, 15 and 18; and North Veta Canon Ditch and as may be required by this plan for augmentation. 2. Information From Previous Decree: Tres Valles Spring No. 1, Tres Valles Spring No. 2 and Tres Valles Spring No. 3. a. Date Entered: November 16, 1979. b. Case No.: 79CW107. c. Court: District Court, Water Division 2. d. Type of Water Right: Surface. e. Legal Descriptions of Points of Diversion: i. Tres Valles Spring No. 1: SE 1/4 SE 1/4 of Section 32, Township 28 South, Range 69 West, 6th P.M. at a point 1,150 feet west and 300 north of the SE corner of said Section 32. ii. Tres Valles Spring No. 2: SE 1/4 NW 1/4 of Section 33, Township 28 South, Range 69 West, 6th P.M. at a point 2,520 feet south and 2,450 east of the NW corner of said Section 33. iii. Tres Valles Spring No. 3: NE 1/4 NW 1/4 of Section 33, Township 28 South, Range 69 West, 6th P.M. at a point 2,600 feet east and 250 south of the NW corner of said Section 33. f. Source: Natural springs tributary to South Abeyta Creek, tributary to the Cucharas River, tributary to the Huerfano River, tributary to the Arkansas River. g. Amount: Tres Valles Spring Nos. 1 and 2 - 15 gpm each; Tres Valles Spring No. 3 - 12 gpm. h. Appropriation: June 30, 1972. i. Decree Use: Domestic and livestock. j. Historic Use: Domestic and livestock. Utilization of the water from these springs to Applicants' property was historically

63 for livestock watering purposes being delivered to the property from a water storage tank location known as the "Blue Silo" located in the NW 1/4 of Section 2, Township 29 South, Range 79 West, 6th P.M. at a point N 22º 56' 56" W a distance of 1,118 feet from the center of said Section 2 and located within the North Abeyta Creek drainage. Livestock water so delivered serviced a series of stock water tanks in Sections 1 and 2, T 29 S, R 69 W, and Sections 5 and 6 in T 29 S, R 68 W, 6th P.M. The amount historically continuously delivered was at least 5 gpm. Applicants claim historic depletions to South Abeyta Creek of 5 gpm. Applicants will augment all future uses of the Tres Valles Spring water in North Abeyta Creek. Applicants seek to add commercial, irrigation, fire fighting, fish propagation, recreation, wildlife habitat and riparian habitat, storage for those purposes as additional decreed uses, and to augment those uses pursuant to this Application. k. Remarks: Tres Valles Spring Nos. 1, 2 and 3 are the subject matter of a water augmentation plan, Case No. 97CW108(B). An order approving a stipulation of the Applicant in that case and Applicant Travis R. Crawford in this case was entered by the Water Court, Water Division 2, on November 15, 2000. Pursuant to that stipulation, Applicant Travis R. Crawford shall receive from Tres Valles Spring Nos. 1, 2 and 3 the amount of 4 or 5 gpm in perpetuity (depending on Tres Valles West development). The Agreement and Covenant implementing the stipulation was recorded on June 8, 1999 at reception no. 339526 of the Huerfano County, Colorado, Clerk and Recorder's office as amended on July 28, 2000 and recorded October 27, 2000 at reception no. 346529 of the Huerfano County, Colorado, Clerk and Recorder's office. The use of the Applicants’ right to receive water from the Tres Valles Springs Nos. 1, 2 and 3 shall be in accordance with this agreement and covenant. 3. Information From Previous Decree: Stauder Well Nos. 2, 3, 5, 6, 7, 8, 11, 13, 15 and 18. a. Date Entered: February 14, 1974. b. Case No.: W-2556. c. Court: District Court, Water Division 2. d. Type of Water Right: Underground. e. Legal Descriptions of Points of Diversion: i. Stauder Well No. 2 (SEO permit no. 95345): NE 1/4 NE 1/4 of Section 35, Township 28 South, Range 68 West, 6th P.M, at a point 403 feet from the north line and 1,236 feet from the east line of said Section 35. ii. Stauder Well No. 3 (SEO permit no. 95346): NE 1/4 NW 1/4 of Section 35, Township 28 South, Range 68 West, 6th P.M. The correct surveyed legal description is in the NW ¼ NW ¼ Section 35 at a point 530 feet from the north line and 538 feet from the west line of said Section 35. iii. Stauder Well No. 5 (SEO permit no. 95348): SW 1/4 NE 1/4 of Section 3, Township 28 South, Range 68 West, 6th P.M. The correct surveyed location is in Township 29 South, at a point 1,460 feet from the north line and 2,304 feet from the east line of said Section 3. iv. Stauder Well No. 6 (SEO permit no. 25292): NW 1/4 NW 1/4 of Section 34, Township 28 South, Range 68 West, 6th P.M. The correct surveyed location is in the SE ¼ NE ¼ Section 33, at a point 1,479 feet from the north line and 30 feet from the east line of said Section 33. v. Stauder Well No. 7 (SEO permit no. 95349): NE 1/4 NE 1/4 of Section 33, Township 28 South, Range 68 West, 6th P.M. at a point 1,234 feet from the north line and 572 feet from the east line of said Section 33. vi.

64 Stauder Well No. 8 (SEO permit no. 95350): NE 1/4 SE 1/4 of Section 33, Township 28 South, Range 68 West, 6th P.M. The correct surveyed location is in the NW ¼ SE ¼ Section 33, at a point 1,411 feet from the south line and 1,375 feet from the east line of said Section 33. vii. Stauder Well No. 11 (SEO permit no. 95353): SW 1/4 SE 1/4 of Section 32, Township 28 South, Range 68 West, 6th P.M. The correct surveyed location is in the SE ¼ SE ¼ Section 32, at a point 1,302 feet from the south line and 1,023 feet from the east line of said Section 32. viii. Stauder Well No. 13 (SEO permit no. 95355: SW 1/4 NE 1/4 of Section 32, Township 28 South, Range 68 West, 6th P.M. The correct surveyed location is in the NW ¼ NE ¼ Section 32, at a point 1,161 feet from the north line and 2,003 feet from the east line of said Section 32. ix. Stauder Well No. 15 (SEO permit no. 95357): NW 1/4 SW 1/4 of Section 32, Township 28 South, Range 68 West, 6th P.M., at a point 1,449 feet from the south line and 973 feet from the west line of said Section 32. x. Stauder Well No. 18 (SEO permit no. 95359): NE 1/4 NE 1/4 of Section 2, Township 29 South, Range 69 West, 6th P.M., at a point 1,310 feet from the north line and 180 feet from the east line of said Section 2. f. Amount: i. Stauder Well No. 2: 15 gpm; ii. Stauder Well No. 3: 20 gpm; iii. Stauder Well No. 5: 30 gpm; iv. Stauder Well No. 6: 8 gpm; v. Stauder Well No. 7: 40 gpm; vi. Stauder Well No. 8: 40 gpm; vii. Stauder Well No. 11: 40 gpm; viii. Stauder Well No. 13: 35 gpm; ix. Stauder Well No. 15: 35 gpm; x. Stauder Well No. 18: 15 gpm. g. Appropriation: i. Stauder Well No. 2: December 31, 1952. ii. Stauder Well No. 3: December 31, 1956. iii. Stauder Well No. 5: December 31, 1942. iv. Stauder Well No. 6: December 31, 1957. v. Stauder Well No. 7: December 31, 1959; vi. Stauder Well No. 8: December 31, 1954. vii. Stauder Well No. 11: December 31, 1956. viii. Stauder Well No. 13: December 31, 1959. ix. Stauder Well No. 15: December 31, 1957. x. Stauder Well No. 18: December 31, 1933. h. Decreed Use: Stock water for all structures. i. Historic Use: Stock water: j. Remarks: Applicants seek to change these water rights by correcting their legal descriptions where necessary and supplementing them by adding the ability to redrill each well to greater depth and obtain the following additional uses: commercial, irrigation, fire fighting, storage for fish propagation, recreation, wildlife habitat and to augment those uses pursuant to this Application. 4. Information From Previous Decree: North Veta Canon Ditch. a. Date Entered: June 12, 1889. b. Case No.: In the Matter of Priority of Water Rights in Water District 16 (Read Decree). c. Court: In the District Court of the 6th Judicial District in and for the County of Huerfano. d. Type of Water Right: Surface e. Legal Description of Point of Diversion: The headgate of said ditch is located on the north bank of North Veta Creek (aka North Abeyta Creek), a tributary of the Huerfano River through the Cucharas River at a point in the NE ¼ SW ¼ of Section 26, Township 28 South, Range 69 West of the 6th P.M. f. Source: North Abeyta Creek. g. Amount: 6 cfs. h. Appropriation: March 1, 1873. i. Decreed Use: Irrigation of 300 acres. j. Historic Use: North Veta Canyon Ditch has historically been used to irrigate at least 300 acres of land in Sections 32, Township 28 South, Range 68 West and Section 5, Township 29

65 South, Range 68 West of the 6th P.M. Examination of the water commissioner records and interviews with long time owners of the ranch have indicated that water has been available every year from North Abeyta Creek to allow irrigation of the historically irrigated fields. Having given consideration to the water short nature of this irrigation system, the extensive use of laterals to reuse return flows and utilizing the FIRI method (farm irrigation rating index) developed by the Soil Conservation Service, the Applicants believe an irrigation efficiency of 66% is appropriate for this plan. The historic consumptive use for the North Abeyta Canyon Ditch has therefore been 66% of historic diversions. Applicants may therefore obtain augmentation credit for direct replacement of depletions (or to storage) by applying the irrigation efficiency rate to the physical supplies of water that are available from North Abeyta Creek and capable of being diverted for irrigation purposes. When diversions are bypassed, the effect is also that historic return flows are left in the creek. Applicant Travis R. Crawford is the fee owner of the North Veta Canyon Ditch. He has dedicated 4.65 acre feet of historic consumptive use for the augmentation of the Pinion Hills Subdivision currently the subject matter of a water augmentation plan filed in Water Division 2, Case No. 97CW108 (A). The balance of the historic and future consumptive use of the North Veta Canyon Ditch shall be dedicated as necessary to this plan for augmentation. F. STATEMENT OF PLAN OF AUGMENTATION COVERING ALL APPLICABLE MATTERS UNDER C.R.S. 37-92-103 (9), 302 (1) (2) AND 305 (8) 1. General Overview: Applicants wish to develop an overall augmented water supply for a subdivision development known as Silver Mountain Preserve portions of which are generally located in Sections 21 through 35, Township 28 South, Range 69 West, Sections 25 through 35, Township 28 South, Range 68 West, Sections 1, 2, 10, 11 and 12, Township 29 South, Range 69 West, Sections 1 through 9, Township 29 South, Range 68 West, and Section 31, Township 28 South, Range 67 West all in the 6th P.M., Huerfano County, Colorado. A map showing the Applicants' property is attached to the Application as Exhibit A and available for inspection at the Office of the Clerk for Water Division No. 2. Said map depicts all of the structures to be decreed, augmented and changed herein. The detailed legal description as the place of use for all of the water rights and covered by this plan for augmentation is attached to the Application as Exhibit B and available for inspection at the Office of the Clerk for Water Division No. 2. Applicants propose to develop their property into a multi-use development including single family residence homesites; an equestrian center for all equine activities including horse boarding, training and the like; commercial activities including the development of a frontier town, restaurant facilities, historical drama centers and stage coach stops; irrigation for landscaping and limited lawn and garden use by homeowners; storage for recreation; fish propagation, wildlife habitat and riparian habitat areas within the subdivision development for the domestic, commercial, recreational and environmental uses described herein. 2. Water Requirements: Applicants seek to retain flexibility in the operation of the development of the Silver Mountain Preserve within their plan for augmentation

66 allowing for future reconfiguration of uses within the Silver Mountain Preserve adding or subtracting one type of use and replacing it with another type provided however, that the cumulative annual consumptive use from all uses does not exceed the amount of replacement water Applicants have available under this plan for augmentation. In order to maintain such flexibility, the water use for each consumptive use component may be separately metered and replacement water will be calculated based on the actual diversions for each type of use applying consumptive use parameters. Alternatively, replacement requirements may be pre-calculated on a unit basis all as described as follows: a. In House Domestic Use: All in house domestic use may be separately metered and a ten percent consumptive use component rate will be applied to all such diversions with all return flows being processed by nonevaporative type septic leach field disposal systems properly installed below the root zones of ordinary plants. Alternatively, Applicants may account for depletions on a unit basis with each single family residence pre-calculated to use 256 gallons per day resulting in a water demand of 0.287 acre feet per year and an annual consumptive use per home of 0.0287. b. Commercial Use: All commercial use for the drinking and sanitation purposes for business including restaurant use may be separately metered and a 10% consumptive use component rate applied to all such diversions with all return flows being processed by nonevaporative type septic leach field disposal systems properly installed below the root zone of ordinary plants. Alternatively, the replacement requirements for commercial use may be pre-calculated based on 200 gallons per day per 1,000 square foot of commercial space for an annual consumptive use requirement of 0.0224 acre feet per year per 1,000 square feet of commercial space. c. Horse watering: Any diversions for horse watering may be separately metered and replacement requirements will be calculated as 100% of diversions. Alternatively, each horse will be assumed to consume 12 gallons per day for an annual demand and consumptive use per horse of 0.013 acre feet. d. Landscaping/lawn/garden: Outside water use or any allowed landscaping, lawn and garden use will be calculated as requiring replacement of 85% of diversions or alternatively a pre- calculated consumptive use demand of 2.15 acre feet per acre of irrigated lands utilizing an 85% irrigation efficiency. As an example, the water demand for 5,000 square feet of lawn and garden/landscaping is calculated as 0.29 acre feet per year with a consumptive use of 0.247 acre feet annually. e. Reservoir evaporation: Net annual reservoir evaporation has been calculated at 2.5 acre feet per acre of surface (29.94 inches). Reservoir evaporation shall be calculated monthly for replacement purposes in accordance with the following table: Month Evaporation Month Evaporation (inches) (inches)

January 0.0 July 5.32 February 0.0 August 4.02

67 March 1.29 September 4.1 April 2.36 October 2.42 May 3.85 November .75 June 5.81 December 0.0 3. Operation of Plan of Augmentation: All out of priority depletions from surface water diversions and out of priority impoundments in water storage facilities will be augmented. All depletions from well pumping shall be augmented without respect to determinations of priority. Engineering analysis has indicated that well pumping effects occur to North Abeyta Creek and its drainages. North Abeyta Creek has lengthy dry stretches during most times of the year. When the creek is dry and when irrigation diversions are bypassed, the augmentation credit and return flow waters will be attenuated and the timing of replacements for depletions will be satisfied. Applicants will therefore bypass diversions to the extent necessary to augment depletions. To the extent storage may be required to properly replace the impacts of Applicants’ depletions, augmentation water will be stored primarily in Wright and Brink Reservoir which will be a regulated reservoir capable of releasing water at the discretion of the Division Engineer to replace such depletions. In addition, other reservoirs adjudicated herein may be utilized as augmentation structures and when water is properly stored therein for augmentation purposes releases may be made to replace depletions. There will always be available either by bypass of diversions and/or replacement water from storage sufficient augmentation credits to replace all depletions caused by Applicants’ plan. North Veta Canyon Ditch has historically been a water short ditch. Reduction of water being applied for irrigation purposes and bypassed at the headgate or stored instead as augmentation water will automatically cause dry up to the historically irrigated hay meadows which dry up will be monitored by the Division Engineer and Water Commissioner. Depletions will be accounted for monthly on forms to be developed between the Applicants and the Division Engineer. Each of the consumptive use components listed herein shall be calculated monthly to determine the following month's bypass or release of augmentation water to North Abeyta Creek. Applicants have taken credit on net reservoir evaporation for pre-existing vegetative growth. Adequate measuring devices and staff gages on all augmentation reservoirs will be installed and rated. 4. Ownership of Land: Applicants are the owners of all of the land, water rights, places of use and points of diversion referenced in this Application. (Application and attachments, 38 pages; oversized map) ------THE WATER RIGHTS CLAIMED BY THE FOREGOING APPLICATION(S) MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED

68 RIGHTS MUST APPEAR TO OBJECT AND PROTEST WITHIN THE TIME PROVIDED BY STATUTE, OR BE FOREVER BARRED.

YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or application as amended, may file with the Water Clerk a verified statement of opposition setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions, such statement of opposition must be filed by the last day of February 2001, (forms available at Clerk’s office, must be submitted in quadruplicate, after serving parties and attaching a certificate of mailing, filing fee $45.00). The foregoing are resumes and the entire application, amendments, exhibits, maps and any other attachments filed in each case may be examined in the office of the Clerk for Water Division No. 2, at the address shown below. ------Witness my hand and the seal of this Court this 10th day of January, 2001.

______Mardell R. Cline, Clerk District Court Water Div. 2 203 Judicial Bldg., 320 W. 10th Street Pueblo, CO 81003 Tel. 583-7048

(Court seal) Published: January ______, 2001

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