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nd
 RECITALS
     1. Purchase and Sale.
 2. Purchase Price.




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3. Farmers Reservoir and Irrigation Company Marshall Lake Division
Assessments. Transfer Fees. Closing Costs and Other Related Fees.
   4. Date and Time of Closing. 2630
 5. Additional Documents and Dry-uo Covenant.
 6. Water Court Proceedings.
 7. Sellers Representations and Warranties.
 8. Binding Effect.
 9. Attorneys Fees and Costs.




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10. Counterparts and Facsimile Signatures,
 11. Due Diligence,
 Valid Decrees:
 Abandonment.
 Adverse Claims.
 No Agreements.
 Ownership in Fee: Encumbrances.




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No Prior Sales.
 Historical Use.
 Notice of Defect; Cure; Termination.
 IN WITNESS WHEREOF,
 SELLER:
    
    
    
    PURCHASER:ROLAND BURY ESTATE
    
    
    
    ELDORADO SPRINGSBy:
    
    
    
    By:/s/ Wesley R. Bury, P.R.    8-2-07
    
    
    
    /s/ Douglas A. Larson    8-2-07




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th
     The Estate of Roland Bury
Wesley R. Bury, Personal Representative/s/ Wesley R. Bury, P.R. 8-14-07  )
 th
 /s/ Wesley Roland Bury.   /s/
Yelena Dean




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1.
    
    Is there a signed affidavit or affidavits of historical use regarding the water involved?Yes NoIf yes, please attach it or them and answer the following questions:
 a.
    
    During what years has the person(s) signing each affidavit had personal knowledge of these rights/shares?1950 To 2007Tob.
    
    What is the relationship of the person signing the affidavit to the irrigated
property/farm?Owner X TenantOther (Please state nature of relationship)
 2.
    
    Who else can be contacted who actually used the water rights/shares? Include the names of
prior owners, if you know their names and location where water was used.
 a.
    
    Rick Arnesonb.c.
 3.
    
    How can the above be contacted?
 a.
    
    telephone: (303) 828-3684address: 364 Main St., Erie, CO 80516b.
    
    telephone:address:c.
    
    telephone:address:




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4.
    
    Please provide the following information regarding the shares being offered:
 d.
    
    How many shares, and current stock certification number(s):Six (6) shares Farmers Reservoir and Irrigation Co., Marshall Lake Division:Certificate No. 2630e.
    
    Stock certificate number(s) of previous owner:Unknownc.
    
    When acquired and from whomdate: February 6, 1948from: Unknown
 5.
    
    Please provide the following information regarding how the offered water share/right is
delivered:
 f.
    
    Location and ID number of the headgate at the main ditch:Community Canal near Weld County Roads 7 and 8.g.
    
    Name, location and path of the lateral(s) delivering the water to the land
historically irrigated:Approximately 1 mile of ditch from headgate on Community ditch. The
easternmost 3/4 mile of this ditch was for the sole use of the undersigned property
owner.h.
    
    Identification of any carrying stock required to deliver these rights,
i.e. shares in a lateral ditch company:N/Ai.
    
    Location or location of pumps, if used:N/AJ.
    
    Location of storage ponds/reservoirs, including tail water ponds, if used:N/A




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6.
    
    What is/was the method of application of the water?Sprinkler furrow flood other:7.
    
    When is the normal irrigation season?Start: May or June     Stop: August or September8.
    
    What is the adequacy of the water, with specific discussion of how operations may have
been modified during a dry year?Whatever water was available was used to irrigate the westernmost portion of the
property. This varied from year to year.9.
    
    Other than the share(s) being offered, what irrigation water, if any, was/has been used
on the lands historically irrigated (if none, skip to #10), including:
 k.
    
    Number(s) of shares: 8.8 sharesI.
    
    Ditch company(ies): Farmers Reservoir & Irrigation Co., Standley Divisionm.
    
    Number of any irrigation wells: N/An.
    
    Identification of any irrigation wells (location & permit numbers): N/Ao.
    
    Capacity of any irrigation wells: N/Ap.
    
    Location of any irrigation wells: N/Aq.
    
    Information as to other water used: N/Ar.
    
    Describe how such water was/has been used, including the percentage of the
total irrigation supply provided by such water:Standley Division shares water is used to irrigate land east of the Bull
Canal. Percentage of total irrigation water used on the farm varied with
allocations from year to year.
 10.
    
    Please confirm by checking the blank that no other water was used to irrigation any of the land on this
property/farm:þ11.
    
    Have any of the rights identified in paragraph 9 been sold/transferred to others?Yes     No




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If yes,
 a.
    
    Identify such rights:b.
    
    To whom were such rights sold or transferred?c.
    
    When were such rights sold or transferred?d.
    
    How and where are such rights now being used?
 12.
    
    What is the total size of the property/farm?Originally approx. 154 acres. reduced by
various agreements with the Colorado Department of Transportation to 123.8 Acres. As of
8/14/2007 further reduced to 80.8 acres with the sale of 43 acres east of the Bull Canal and
not a part of the land historically irrigated with water from the Marshall Division shares.13.
    
    Provide the legal description of the property/farms location, which may be attached if
necessary:NW 1/4 Section 23, T1N, R68W 6th PM14.
    
    What is the size of the area(s) on the property/farm that was irrigated?Originally approx. 150 acres Acres.15.
    
    What amount of land was irrigated by the offered share(s)?Originally Approx. 50 acres.16.
    
    Are you retaining any of the water rights identified at paragraph 9 above for use on the
property/farm? If so, please identify them, and state the number of acres to be irrigated.Standley Division shares will be retained for use on approx. 60 acres east of
the Bull Canal17.
    
    Identify crops historically grown on the land, with percentages:
 1.
    
    Barley2.
    
    Wheat3.
    
    Corn4.
    
    Milo5.
    
    Pasture6.
    
    Orchard (-1 acre)
 18.
    
    What are the planting/harvesting dates?
 1.
    
    May          /          July2.
    
    Sept.          /          July3.
    
    May          /          Sept.4.
    
    Planted 1 year in 1950s5
    
    Year round6.
    
    Year round
 19.
    
    Describe how crops were rotated:Varied as needed




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20.
    
    Describe the historic irrigation practices, including frequency and duration of
applications of the water being offered, and any use of tail water ponds for recycling:Flood irrigation as needed21.
    
    How much of the historically irrigated land (in acres) is no longer irrigated because of:
 o
    
    Permanent cessation of irrigation:o
    
    Development:o
    
    Gravel mining:þ
    
    Previous sale, transfer or dry-up commitment to other parties:Approx 30 acres sold to Colorado Department of Transportation.
 22.
    
    Do you have or keep diversion records for your surface water and ground
water? If so, by what method?No23.
    
    How long does it take your fields to dry out after you have finished irrigating?Varies depending on weather24.
    
    When was the last time the offered shares were used for irrigation?200725.
    
    Have the offered shares been leased in the past?No26.
    
    Have there been any years when irrigation of historically irrigated area(s) did not occur? When? Why?No27.
    
    Provide a map, sketch or aerial photograph showing the locations of: (Please check if they
are included)
 o
    
    Parcel/farm.o
    
    All of the historically irrigated area(s), broken out by source of irrigation water.o
    
    The lands proposed for dry-up.o
    
    Any pumps, pipelines, and storage reservoirs.þ
    
    Method of diversion from ditch to farm.o
    
    Any lateral ditches.o
    
    How and where the water leaves your irrigated fields.
 28.
    
    Please provide the legal description of dry-up acreage proposed for:
 o
    
    The offered share(s):See attached sketch.
 o
    
    Any shares already committed to others:No




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29.
    
    Attach copies of: (Please check if attached)
 þ
    
    Stock certificate(s) for the rights offered.o
    
    Any carrying-stock certificates associated with the rights offered.o
    
    Copies of previously executed dry-up covenants or agreements.
 30.
    
    Offeror understands that if the water rights are
accepted, the following documents, duly executed must be provided
to the Buyer:
 o
    
    The actual stock and carrying stock certificates,
with appropriate stock transfer documents.o
    
    An affidavit of historic use.þ
    
    A dry-up covenant in form acceptable to the Buyer, to
include an agreement to assist as needed in any court
proceedings to change the water rights to the Buyers use.
 31.
    
    Permission is given to the Buyer or their assigns to:
 o
    
    Research ownership and historic use of the shares with the
ditch company or companies.o
    
    Access the parcel/farm to observe the irrigation
facilities and the irrigated land.
 Dated this 14th day of August 2007.
  
 /s/
 Wesley R. Bury, P.R. /s/ Wesley Roland Bury th
 
 /s/
Yelena Dean




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if applicable:
 
 Owner(s):
    
    The Estate of Roland BuryWesley R. Bury, Personal Representative 684Holbrook Street, P. O. BoxErie, CO 80516-0235User(s):
        Questionnaire Regarding Historic
Use and Requirements of Water Rights),




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th
 The Estate of Roland Bury
Wesley R. Bury, Personal Representative./s/ Wesley R. Bury, P.R. STATE OF COLORADO
    
    )COUNTY OF Weld
    
    ) ss.
 /s/ Wesley
Roland Bury th
 Witness my hand and official seal. 
My commission expires: 04/07/2010
    
    YELENA DEAN
NOTARY PUBLIC
STATE OF COLORADO/s/ Yelena DeanNotary Public