CASE NO. 99CW121 KEVIN M.

DISTRICT COURT, WATER DIVISION NO. 2, COLORADO RESUME OF CASES FILED DURING OCTOBER 1999 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 October 1999, 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. 99CW121 KEVIN M. and REBECCA M. MOODY, 7073 White Buffalo Road, Colorado Springs, CO 80919 Application for Surface Water Rights Fremont County 2. Name of structure: Moody Spring #1; 3. Legal description of each point of diversion: Section 33, T17S, R70W, Fremont County, Colorado, approximately 400 SW from South Tallahassee Trail, 550 W of East property line. 4. Source: Underground Spring. 5. A. Date of initiation of appropriation; July 7, 1999; B. How appropriation was initiated: Letter sent to Water Division 2 to seek information on adjudication rights of said spring. C. Date water applied to beneficial use: N/A. 6. Amount claimed: 4.12 gpm Conditional. 7. Use or proposed use: Domestic use, pond, domestic stock watering. A. If irrigation, complete the following: N/A; Number of acres historically irrigated: ; proposed to be irrigated:. Legal description of acreage:. B. If non-irrigation, describe purpose fully: Use to fill and maintain small fish pond, domestic use, domestic stock watering. 8. Name and address of owner of land on which points of diversion and place of use are located: Kevin and Rebecca Moody, 7073 White Buffalo Road, Colorado Springs, CO 80919. Remarks:. (Application and attachments, 4 pages) CASE NO. 99CW122 KEVIN M. and REBECCA M. MOODY, 7073 White Buffalo Road, Colorado Springs, CO 80919 Application for Surface Water Rights Fremont County 2. Name of structure: Moody Spring #2; 3. Legal description of each point of diversion: Section 32, T17S, R70W, Fremont County, Colorado, approximately 15 S of Pioneer Way, 475 W of East property line. 4. Source: Underground Spring. 5. A. Date of initiation of appropriation: July 7, 1999; B. How appropriation was initiated: Letter sent to Water Division 2 to seek information on adjudication rights of said spring. C. Date water applied to beneficial use: N/A. 6. Amount claimed: 2.5 gpm Conditional. 7. Use or proposed use: Domestic use, pond, domestic stock watering. A. If irrigation, complete the following: N/A; Number of acres historically irrigated: ; proposed to be irrigated:. Legal description of acreage:. B. If non-irrigation, describe purpose fully: Domestic use, 1

domestic stock watering. 8. Name and address of owner of land on which points of diversion and place of use are located: Kevin and Rebecca Moody, 7073 White Buffalo Road, Colorado Springs, CO 80919. 9. Remarks:. (Application and attachments, 4 pages) CASE NO. 99CW123 RAYMOND and LENNIE PFAFFENHAUSER, dba PFAFFENHAUSER CONSTRUCTION, 55 County Road 594, Walsenburg, CO 81089 Application and Amended Application for Surface Water Rights Huerfano County 2. Name of structure: Spring of B&R 3. Legal description of each point of diversion: SE¼ NE¼ Sec. 6, T28S, R66W, 6th P.M. Distances from section lines of Sec. 6: 1600 from North section line and 1300 from East section line. 4. Source: spring. 5. A. Date of initiation of appropriation: August 5, 1999; B. How appropriation was initiated: Talked to County; C. Date water applied to beneficial use: N/A. 6. Amount claimed: 10 gpm Conditional. 7. Use or proposed use: pond for fish. A. If irrigation, complete the following: Number of acres historically irrigated: 0; proposed to be irrigated: 0. Legal description of acreage: N/A. B. If non-irrigation, describe purpose fully: To have right to use the spring water for fish. Water will flow back to original channel. 8. Name and address of owner of land on which points of diversion and place of use are located: Raymond and Lennie Pfaffenhauser, 55 County Road 594, Walsenburg, CO 81089. 9. Remarks: Measured flow of water with 5 gallon bucket and stopwatch. (Application, 2 pages; Amended Application and attachments, 3 pages) CASE NO. 99CW124 HUBERT M. DYE, JR. and BARBARA A. DYE, 1409 Salem Lane, Olathe, KS 66062 (M. E. MacDougall, MacDougall, Woldridge & Worley, Attorneys for Applicants, 102 N. Cascade, Suite 400, Colorado Springs, CO 80903) Application for Surface Water Rights Teller County 2. Name of structure: Blue Bonnet Spring. 3. Legal description of each point of diversion: In the NE ¼ SE ¼ Section 30, Township 14 South, Range 64 West, 6th P.M., on the Blue Bonnet Lode, U.S. Mineral Survey No. 10299, about 2700 feet from the North Line, and 550 feet from the East Line of said Section 30. 4. Source: Ephemeral and intermittent unnamed stream tributary to Oil Creek, in turn tributary to Arkansas River. 5. A. Date of initiation of appropriation: July 13, 1975 (delivery of culvert). B. How appropriation was initiated: Spring was developed. C. Date water applied to beneficial use: August 30, 1975 (installation). 6. Amount claimed: 0.0011 cfs Absolute (1/2 g.p.m.). 7. Use or proposed use: Domestic, recreational, and stock watering. A. If irrigation, complete the following: Number of acres historically irrigated: None. Proposed to be irrigated: None. Legal description of acreage: n/a. B. If non-irrigation, describe purpose fully: Spring was developed for domestic, recreational, and stock watering on the recommendation of Mr. Slancic from the U.S. Soil Conservation Service. 8. Name and address of owner of land on which points of diversion and place of uses are located: Hubert M. Dye, Jr. and Barbara A. Dye, 1409 2

Salem Lane, Olathe, KS 66062. 9. Remarks: Spring was developed pursuant to SCS recommendations by installing a 5-foot corrugated metal pipe on end with holes drilled in one side, gravel packed, and a tap. Blue Bonnet Spring first produced after development August 30, 1975. It has been producing ½ g.p.m. ever since then. (Application, 3 pages) CASE NO. 99CW125 - COMPLAINT. This is a complaint and is simply being listed in the resume to account for the case number in consecutive order. CASE NO. 99CW126 - COMPLAINT. This is a complaint and is simply being listed in the resume to account for the case number in consecutive order. CASE NO. 99CW127 ROBERT and KATHLEEN TOCHER, 4170 Plateau Drive, Colorado Springs, CO 80921 Application for Underground Water Right El Paso County 2. Name of well and permit, registration, or denial number: Richard R. Pesce M.D.; Permit #114059. 3. Legal description of well: Well is located in El Paso County: NW¼ NW¼ Section 33, Township 11S, Range 67W; Distance from Section Lines: 54 feet from South Section line, 25 feet from East Section Line. Street Address: 4170 Plateau Drive, Colorado Springs, CO 80921. Subdivision: Green Mountain Ranch, Lot 6 Block 3, Filing 2, Green Mountain Ranch Estates. 4. A. Source: Denver Basin Aquifer; B. Depth: 460 ft. 5. A. Date of appropriation: March 5, 1981; B. How appropriation was initiated: Well drilled and cased; completed March 5, 1981; C. Date water applied to beneficial use: March 8, 1996, began using well. 6. Amount claimed: 4.5 gpm Absolute. 7. If well is non-tributary: A. Name of Aquifer: N/A; B. Amount claimed in acre feet annually:. 8. Proposed use: Household water and trees and shrubs around the house. A. If irrigation, complete the following: (1) Number of acres historically irrigated: N/A; (2) Total number of acres proposed to be irrigated: N/A; (3) The legal description of the land irrigated: ; (4) Area of lawns and gardens irrigated: 1 Acre (est.) B. If non-irrigation, describe purpose fully: Well provides water for a one family dwelling unit on a 5 acre lot. 9. Names and address of owner of land on which well is located: Robert and Kathleen Tocher, 4170 Plateau Drive, Colorado Springs, CO 80921. (Application and attachments, 8 pages) CASE NO. 99CW128 - COMPLAINT. This is a complaint and is simply being listed in the resume to account for the case number in consecutive order. CASE NO. 99CW129 PARADISE ACRES CORPORATION, c/o William C. Houchin, President, 5838 County Road 572, La Veta, CO 81055 (Paul G. Anderson, Merrill, Anderson, King & Harris, LLC, Attorneys for Applicant, 20 Boulder Crescent, Colorado Springs, CO 80903) Application for a Water Right, a Change of Water Right and Approval of a Plan for Augmentation and Exchange Huerfano County 3

APPLICATION FOR A WATER RIGHT AND CHANGE OF WATER RIGHT As described below, Applicant seeks to change the use of its interest in the Lewis Ditch, to adjudicate additional uses for Houchin Well No. 3, and to adjudicate a pond (designated as Pond No. 1) located on its property. 2. Name of Ditch or Other Structures: A. Lewis Ditch. i. Source: Pass Creek; ii. Appropriation date: Priority number 157, June 1, 1874; priority number 158, June 1, 1876. iii. Adjudication date: February 23, 1898, as Killian decrees. iv. Decreed Amount and Use: each priority is decreed for 1.0 cfs and used for irrigation. v. Decreed Point of Diversion: Section 8, Township 27 South, Range 70 West of the 6th PM, Huerfano County, Colorado (headgate location). vi. Historic Use: Irrigation. B. Houchin Well No. 3 (permit no. 6353-F, ID #7905008). i. Source: Groundwater tributary to Pass Creek; ii. Appropriation date: June 1958; iii. Adjudication date: November 2, 1972, Case No. W- 613, Water Division 2; iv. Decreed Amount and Use: 0.33 cfs or 148.5 gpm, for domestic, stockwater and irrigation. v. Decreed Point of Diversion: NE ¼ SE ¼ Section 4, Township 28 South, Range 70 West of the 6th PM, Huerfano County, Colorado. vi. Historic Use: Domestic, stockwater and irrigation. C. Pond No. 1. i. Source: Unnamed tributary to Pass Creek; ii. Appropriation date: 1959; iii. Adjudication date: N/A; iv. Storage capacity: 10 acre-feet; v. Point of Diversion: NE ¼ SE ¼ Section 4, Township 28 South, Range 70 West of the 6th PM, Huerfano County, Colorado. vi. Use: Storage. 3. Status of Applicant: Applicant purchased a one-fifth interest in the Lewis Ditch water rights from F.L.C., Ltd., on November 9, 1998. (See Attachment 2 which is on file with the Application and may be examined in the Office of the Clerk for Water Division No. 2). 4. Proposed uses: Applicant seeks to change the use of its Lewis Ditch water to include domestic, municipal, commercial, fire protection, augmentation, storage and exchange in addition to retaining irrigation use as a decreed use, and to change the place of use to the Paradise Acres property located upstream of the historic use location. Application also seeks to include all beneficial uses now or hereafter recognized under Colorado water law for Houchin Well No. 3 and Pond No. 1. 5. Dry-up: In connection with the purchase of the Lewis Ditch water rights, F.L.C., Ltd., has agreed to permanently cease irrigation of land historically irrigated with Lewis Ditch water in proportion to Applicant s ownership interest in the Lewis Ditch as may be required. 6. Name and address of owner(s) of land upon which structures are located: Paradise Acres Corporation, c/o William C. Houchin, President, 5838 County Road 572, La Veta, CO 81055; F.L.C., Ltd., 22806 U.S. Highway 160, Walsenburg, CO 81089. PLAN FOR AUGMENTATION AND EXCHANGE 7. Name of structures to be augmented: Houchin Well No. 3 (permit no. 6353-F, ID #7905008) and Pond No. 1. 8. Describe water rights to be used for augmentation: Applicant s interest in the Lewis Ditch water rights and water stored directly or by exchange in Pond No. 1 as described in paragraphs 2.A and 2.C above. 9. Statement of plan of augmentation, covering all applicable matters under C.R.S. 1973, sections 37-92-103(9), 302(1) and 305(8) (give full details of plans): Houchin Well No. 3 currently serves as a potable water supply for single-family residences at Paradise Acres, located just north and east of La Veta pass. (See Attachment 1 on file with the Application and which may be examined in the Office of the Clerk for Water Division No. 2). All residences at Paradise Acres are on individual septic systems and homeowner 4

association covenants prohibit outside irrigation. Up to 70 residences are platted for development, and at full build out the maximum estimated consumptive use (including pond evaporation) may be as much as 4 acre-feet of water annually. (See Attachment 4 which is on file with the Application and may be examined in the Office of the Clerk for Water Division No. 2). In November 1998, Applicant purchased a one-fifth interest in Lewis Ditch, which diverts water from Pass Creek. (See Attachment 2 which is on file with the Application and may be examined in the Office of the Clerk for Water Division No. 2). Based on analysis of historic use records, irrigated acreage and consumptive irrigation requirements, this interest represents 5.4 acre-feet of historic consumptive use water annually. (See Attachment 3 which is on file with the Application and may be examined in the Office of the Clerk for Water Division No. 2). The headwaters of Pass Creek originate on Applicant s property and Applicant is upstream of the Lewis Ditch. In the late 1950s, the Soil Conservation Service constructed retention ponds, including Pond No. 1, on Applicant s property for erosion control. During times when Lewis Ditch is in priority, Applicant intends to exchange water into Pond No. 1, which has been lined, for later release to augment well use and replace injurious depletions to Pass Creek caused by such well use. Additionally, Applicant shall curtail diversions at the Lewis Ditch headgate as necessary to meet augmentation requirements hereunder, and shall cease further irrigation of land historically irrigated by Lewis Ditch water to the extent of Applicant s ownership interest in Lewis Ditch. 10. Proposed Terms and Conditions. To account for actual consumptive use at Paradise Acres, Applicant proposed to use an accounting form acceptable to the State and Division Engineers and shall continue to meter and report actual well use. Applicant shall replace all out of priority depletions that would cause injury to vested senior water rights. If required by the Division Engineer or the District 79 Water Commissioner, Applicant shall also install appropriate measuring devices to allow administration of the water rights and plan for augmentation as described above. 12. No injury: Applicant submits the above plan for augmentation and proposed terms and conditions comply with the applicable requirements of the Arkansas groundwater rules and will not result in injury to vested senior water rights on Pass Creek, the Huerfano River or the Arkansas River. (Application and attachments, 11 pages) 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 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 December 1999, (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, 5

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 day of November, 1999. (Court seal) Published: November, 1999 Mardell R. Trivisonno, Clerk District Court Water Div. 2 203 Judicial Bldg., 320 W. 10th Street Pueblo, CO 81003 Tel. 583-7048 6