RESOLUTION OF THE BOARD OF DIRECTORS, RUBY RANCH OWNERS ASSOCIATION CONCERNING OPERATION OF IRRIGATION DITCHES AND LATERALS

The Ruby Ranch Owners Association Board of Directors in regular session sitting this 27th day of November, 2001, hereby finds and resolves as follows:

WHEREAS, the Ruby Ranch Owners Association Board of Directors (hereinafter "Owners Board") owns the water rights for three irrigation ditches, which irrigate meadows on the Ruby Ranch, which water rights have been assigned to the Willow Brook Metropolitan District for purposes of carrying out that irrigation; and

WHEREAS, the Owners Board has determined that a formal policy is necessary to govern the use of these water rights for purposes which do not produce a common benefit to all owners equally; and

WHEREAS, the Owners Board believes that it is necessary to formally acknowledge the existence of ground water from the irrigation ditches that must be recognized and taken into account when lot owners construct homes and leach fields; and

WHEREAS, the Ranch water rights, during most summer months, barely provide sufficient water to adequately irrigate the meadows and pastures of the Ranch making little or no water available during those times for other purposes; and

WHEREAS, the development of amenity irrigation systems on private lots adjacent to the Ranch irrigation system is not inherently inconsistent with Ranch irrigation requirements so long as it is subordinate to the requirements and demands of the Ranch meadows; and

WHEREAS, the development of water impoundment structures on lots on the Ranch will generally conflict with the use of Ranch water rights for the decreed irrigation purposes and produces undesirable wet and saturated soil conditions below the impoundments;

and

WHEREAS, the Willow Brook Metropolitan District Board of Directors is considering a statement of policies and procedures to address these issues which are attached hereto as Exhibit A and incorporated herein.

NOW, THEREFORE, be it resolved that:

1. Only those uses of the Ruby Ranch irrigation water rights and ditches recognized by the Ranch Covenants should be permitted by the Ruby Ranch Architectural Review Committee.
2. Requests for uses beyond those specified by the Covenants should only be permitted pursuant to the variance procedure in the Covenants at Article VI, Section 3, and subject to the determination of the Willow Brook Metropolitan District Board of Directors as the owner of the Ranch meadows and pastures and operator of the irrigation system.
3. The development of amenity irrigation systems should only be permitted after obtaining the prior written approval of the Architectural Review Committee, and the Willow Brook Metropolitan District Board of Directors.
4. A set of policies and procedures are hereby adopted to govern issues related to the Ranch irrigation ditches and water rights and which are recommended to the Willow Brook Metropolitan District Board of Directors, which policies and procedures are attached hereto as Exhibit A and incorporated herein as if the same were set forth in their entirety in this Resolution.
5. The Willow Brook Metropolitan District Board of Directors is encouraged to also approve and adopt these procedures in their entirety.

Done this 27th day of October, 2001.

RUBY RANCH OWNERS ASSOCIATION

By:_______________________________ President