District Court, Water Division 1, Colorado June 2015 Water Resume Publication To: All Persons Interested in Water Applications in Water Div

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DISTRICT COURT, WATER DIVISION 1, COLORADO JUNE 2015 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of JUNE 2015 for each County affected. 15CW17 RICHARD BRUNO, 2550 S. Jellison St., Lakewood, CO 80227, 303-986-4925; NORTH FORK ASSOCIATES, LLC, 2686 S. Yukon Court, Lakewood, CO 80227, 303-988-7111; MOUNTAIN MUTUAL RESERVOIR COMPANY, 6949 Hwy. 73, Ste. 15, Evergreen, CO 80439, 303-989-6932. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION IN JEFFERSON COUNTY. Claim No. 1. APPLICATIN FOR UNDERGROUND WATER RIGHT.Well 2550 (permit No. 173566) located SW1/4, SW1/4, S27, T4S, R69W, 6th PM, 1040 ft. from S. Section and 977 ft. from the W section. Date of appropriation: 10-12-93. How appropriation was initiated: Submittal of well permit application to the Co. Div. of Water Resources, followed by issuance of a well permit by the State Engineer. Amount: 15 gpm, Conditional. The permit for Well 2550 was issued pursuant to C.R.S. §37-92-602. Upon approval of the plan for augmentation being requested, a new well permit application for the Well will be submitted to the State Engineer, along with a request for that Permit No. 173566 be cancelled. Well 2530 located SW1/4, SW1/4, S27, T4S, R69W, 6th PM. Amount: 15 gpm, Conditional. The exact location within the lot will not be known until the subdivision is approved and a building site is chosen. Date of appropriation: Will coincide with well permit application upon approval of plan for augmentation. Source: Groundwater that is a tributary to Bear Creek and the S. Platte River. Uses: Ordinary household purposes inside a single family dwelling, stock watering, irrigation and fire protection purposes. Claim No. 2. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT. Structures to be Augmented: Well 2550 and Well 2530. Water Rights to be Used for Augmentation Purposes: a. Richard Bruno has entered into a contract with North Fork Associates, LLC to purchase 8 shares of the capital stock of the Mountain Mutual Reservoir Company. The 8 shares represent the right to receive .25 of an acre foot of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders. b. The water rights which MMRC owns for the benefit of its shareholders (hereinafter referred to as the “Bear Creek/Turkey Creek water rights”). i. Harriman Ditch. 7.71 shares of the 400 shares of capital stock (1.93%), issued and outstanding in the Harriman Ditch Company. Said Company owns direct flow water rights decreed to the Harriman Ditch. Pursuant to the Decree entered in Civil Action No. 6832, on February 4, 1884, the Ditch was awarded the following direct flow priorities: Appropriation Date Priority No. Source Amount MMRC Entitlement April 15, 1868 21 Turkey Creek 10.75 cfs 0.2072 cfs March 16, 1869 23 Bear Creek 7.94 cfs 0.1530 cfs May 1, 1871 25 Bear Creek 25.54 cfs 0.4923 cfs March 1, 1882 30 Bear Creek 12.87 cfs 0.2481 cfs The Bear Creek headgate of the Harriman Ditch is located on the South bank of Bear Creek in the NE1/4NE1/4, S2, T5S, R70W, 6th PM. The Turkey Creek headgate of the Harriman Ditch is located on the South bank of Turkey Creek near the SW corner of S6, T5S, R69W, 6th PM. The Ditch was originally decreed for irrigation, livestock watering, domestic and municipal purposes. ii. Warrior Ditch. 2.0 shares of the 160 shares of capital stock (1.25%), issued and outstanding in the Warrior Ditch Company. Said Company owns direct flow water rights decreed to the Warrior Ditch. Pursuant to the Decree entered in Civil Action No. 6832 on February 4, 1884, the Ditch was awarded the following direct flow priorities: Appropriation Date Priority No. Source Amount MMRC Entitlement Dec. 1, 1861 4 Bear Creek 12.33 cfs 0.1541 cfs April 16, 1862 8 Turkey Creek 2.86 cfs 0.0358 cfs Oct. 31, 1864 14 Bear Creek 25.47 cfs 0.3184 cfs April 1, 1865 16 Bear Creek 11.49 cfs 0.1436 cfs

The headgates of the Warrior Ditch are the same as those of the Harriman Ditch described above. The Ditch was originally decreed for irrigation purposes. iii. Soda Lakes Reservoir Nos. 1 and 2. 8.71 shares of the 400 shares of capital stock (2.18%), issued and outstanding in the Soda Lakes Reservoir and Mineral Water Company. Said Company owns storage water rights decreed to the Soda Lakes Reservoir Nos. 1 and 2. Pursuant to the Decree entered in Civil Action No. 91471 on September 24, 1935, the Soda Lake Reservoir Nos. 1 and 2 were adjudicated for 1,794 af for irrigation purposes, and 598 af for storage for supplying the City of Denver with water for municipal purposes, including the watering of lawns and gardens. The date of appropriation awarded the structures was Feb. 11, 1893. The Soda Lakes Reservoirs are located in S1, T5S, R70W, 6th PM. The Reservoirs are filled through the Harriman Ditch. iv. Meadowview Reservoir. The structure is located in the NE1/4, SW1/4 and the NW1/4 SE1/4 of S26, T5S, R71W, 6th PM. Meadowview Reservoir was awarded an absolute water right in Case No. 09CW92 (01CW294), in an amount of 20 af and a conditional water right in Case No. 94CW290 in an amount of 30 af, for augmentation, replacement, exchange and substitution purposes. The source is water tributary to North Turkey Creek. Harriman Ditch and Warrior Ditch direct flow water and water available to MMRC in the Soda Lakes Reservoirs are also stored in Meadowview Reservoir by exchange pursuant to the appropriative rights of substitution and exchange decreed in Case Nos. 94CW290, 00CW60 and 01CW293. c. The overall “firm” yield of consumptive use water available from the MMRC portfolio of Bear Creek/Turkey Creek water rights and storage facilities was quantified in the Decree entered by the District Court for WD1 in case no. 01CW293, dated 07-16-03. The terms and conditions under which the Bear Creek/Turkey Creek water rights are used for augmentation and replacement purposes are set forth in the Decree in case no. 01CW293 and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the Decree in Case No. 01CW293 for more detailed information. 3. Statement of Plan for Augmenation, Covering all Applicable Matters under C.R.S. §37-92-103(9), §302(1)(2) and §305(8): a. Bruno is the owner of a 2.6 acre parcel of property located in the SW1/4 SW1/4, S27, T4S, R69W, 6th PM. There is one residence presently. The property is going through a minor subdivide (Bruno Minor Subdivide) which will yield two lots: Lot 1 (present address 2550 S. Jellison St) to be 1.5 acres, Lot 2 (proposed address of 2530 S. Jellison St) to be 1.1 acres. Wastewater from all in-building uses of water in each residence is treated utilizing non-evaporative septic systems with a soil absorption leach fields. Return flow will be to Bear Creek. b. For Well 2550, the permit says “ground water shall not be used for irrigation and other purposes.” Bruno desires to expand the use of water from the well to include both in-house and irrigation. For Well 2530, upon approval of the plan for augmentation being requested, an application will be submitted to the State Engineer for in-house use and irrigation. c. Based on prior engineering studies, it is assumed that the maximum average occupancy of each single family residence will be 3.5 persons, and that the per capita daily water usage will not exceed 80 gal. as an annual average. The augmentation plan will also cover the irrigation of 6,000 sf (3000 per lot) of law grass, or equivalent gardening. Gross irrigation requirements for lawn grass are no more than 1.35 af of water per irrigated acre at this location. The total volume of water required is projected to be approximately .8 of an af per year. d. Depletions associated with water that is used inside each residence will be based on a 10% consumption factor. Consumption of lawn grass at this location is 1.35 af per acre. Maximum stream depletions are not anticipated to exceed 0.25 of an af per year, or a maximum of 0.15 of a gpm. e. The required volume of augmentation water will be provided from the sources described in para no. 2 above. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration. f. Whenever possible, depletions to the stream system which occur during the period April through October, inclusive, will be continuously augmented by MMRC forgoing the diversion of a portion of its Warrior Ditch and/or Harriman Ditch direct flow water rights. During times when MMRC’s direct flow water rights are not in priority and during the months of November through March, inclusive, depletions will primarily be augmented by periodically releasing water from the Soda Lakes Reservoirs. Water may also be released from Meadowview Reservoir. g. Since the point of depletion associated with water use under this augmentation plan is near Bear Creek, Bruno asserts an appropriative right of substitute supply and

exchange pursuant to C.R.S. §37-80-120 and §37-92-302(1)(a). There will be an exchange of direct flow water rights from the point of delivery of a portion of the Warrior Ditch water rights at or near Morrison and an exchange of storage water rights from the point of delivery of a portion of the rights stored in Soda Lakes to the point where depletions from Purchaser’s Development occur within the drainage of Bear Creek. The point of exchange shall be at the headgate of the Warrior/Harriman Ditch and the confluence of Turkey Creek and Bear Creek at Morrison, CO. The exchange will operate to replace depletions to the flow of water in Bear Creek and the So. Platte River as the depletions occur. The exchange will be administered with a priority date of Jan. 28, 2015 at a maximum flow rate of 0.001 of a cubic foot per second. Name and Address of Owner of Land on which New Structure will be Located: Richard Bruno as described above.

15CW3067 PER ORDER OF THE REFEREE, CASE DISMISSED

15CW3068 The Groundwater Management Subdistrict of the Central Colorado Water Conservancy District, 3209 West 28th Street, Greeley, Colorado 80634, (970) 330-4540 (GMS) and Sandra Wuertz Amen and Gary Wuertz (Amen) 3991 WCR 47, Hudson, Colorado 80642, (303) 536-4389 c/o Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd. Suite 1, Johnstown, CO, 80634 (970)622-8181. APPLICATION FOR WATER RIGHT AND TO ADD WELL TO AUGMENTATION PLAN IN WELD COUNTY. Application for Water Right. 2. Name of Structure. Amen Well Industrial Right (AWIR). 2.1. Previous Decree. A decree was entered in Water Court, Water Division No. 1, Case No. W-576 on April 12, 1972, adjudicating Well No 3-9591-F at a point 1508 feet East of the West line and 50 feet North of the South line Section 24, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado in the amount of 1.22 c.f.s absolute with an appropriation date of May 24, 1965 for irrigation of land in the Sections 12 and 24, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 2.2. Existing Well. Well No 3-9591-F is included in the GMS plan for augmentation decreed in Case No. 02CW335 and GMS Contract No. 1097 for irrigation purposes. Applicants entered an Agreement dated May 20, 2015 for use of the existing well for industrial and commercial purposes including oil and gas operations. Applicants agreed to file an application for a new appropriation for these purposes and new well permit and to add the well to the GMS augmentation plan. See Exhibit 1. 2.3. Legal Description of AWIR. AWIR is located at a point 1508 feet East of the West line and 50 feet North of the South line Section 24, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 2.4. Source. Groundwater. 2.5. Amount Claimed. 1.22 c.f.s., and 100 acre-feet per year, conditional. 2.6. Appropriation Date. May 20, 2015. 2.7. Use. Industrial and commercial uses within the boundaries of Central Colorado Water Conservancy District, the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District and the Well Augmentation Subdistrict of the Central Colorado Water Conservancy District, as they exist currently or as may be modified in the future. Augmentation Plan 3. Augmentation Plan. Applicant operates an augmentation plan decreed in Case No. 02CW335. ¶14.5 of the decree in Case No. 02CW335 (Decree) allows the addition of wells to the plan subject to notice and terms and conditions. 4. Structure to be Added and Augmented. AWIR described in ¶2. 5. The terms and conditions for the AWIR will be the same as for the other Member Wells in the Decree. The consumptive use factor will be 100% for commercial and industrial use. The method for determining future well depletions will be those set out in the Decree at ¶17.3.3.2. The AWIR will be subject to all the terms and conditions for operation as for other Member Wells in the Decree. 6. The GMS Board of Directors approved Class D Non-Irrigation Water Contract No. 1126 for AWIR on May 20, 2015. See Exhibit 2. 7. Net Stream Depletions. Depletions resulting from the consumptive use of groundwater will be lagged back to the South Platte River using the Glover alluvial aquifer method. The Glover parameters for the SWIR are: X=6275.77 feet; W= 8339.79 feet; Harm T= 100,877 gpd/feet; S=0.2. AWIR depletions will be in Reach E as defined in the Decree. 8. Out of priority depletions from use of AWIR will be replaced by Applicants under the

terms and conditions of the GMS Decree and any additional terms and conditions ordered by the Court in connection with adding the AWIR. 9. Names of owners of land and structure. Applicants Amen.

15CW3069 APPLICATION DISMISSED, FILED IN THE WRONG COURT, SHOULD HAVE BEEN FILED IN DIVISION 2.

15CW3070 (2004CW310) CITY AND COUNTY OF BROOMFIELD, j Director of Public Works, One DesCombes Drive, Broomfield, CO 80038-1415, (303) 438-6348, [email protected]. Harvey W. Curtis, Esq. Harvey W. Curtis & Associates, 8310 South Valley Highway, Suite 230, Englewood, CO 80112, (303) 292-1144, [email protected]. APPLICATION FOR FINDING OF REASONABLE DILIGENCE in ADAMS, BROOMFIELD, BOULDER, AND WELD COUNTIES. 2. NAME OF CONDITIONAL WATER RIGHTS: Exchange Reach No. 1, South Platte River-Big Dry Creek Exchanges; Exchange Reach No. 2, South Platte River Exchanges; Broomfield Discharge Diversion Point Enlargement; Broomfield Big Dry Creek Diversion Point Enlargement; Bull Canal Diversion Point. 3. DATE OF ORIGINAL DECREE: June 26, 2009, corrected July 27, 2009, Case No. 2004CW310, District Court for Water Division No. 1, State of Colorado. 4. DESCRIPTION OF CONDITIONAL APPROPRIATIVE RIGHTS OF SUBSTITUTION AND EXCHANGE. A map showing the points and stream reaches described below is attached as Exhibit A. Matrices illustrating the exchanges are attached as Exhibit B. 4.a.Exchange Reach No. 1, South Platte River-Big Dry Creek Exchanges. 4.a.(1) Description of conditional appropriative rights of substitution and exchange: By the decree in Case No. 2004CW310, the City and County of Broomfield was awarded conditional appropriative rights of substitution and exchange from the confluence of the South Platte River and Big Dry Creek up Big Dry Creek. Under the previous separate decree entered on February 20, 2003 in Case No. 98CW436, Broomfield can divert by exchange 10 c.f.s. of water, conditional, at the diversion points (“exchange-to points”) described in paragraphs 4.a.(2)(i) and 4.a.(2)(ii), below, for direct use and/or for storage for subsequent use, based upon the introduction at the point (“exchange-from point”) described in paragraph 4.a.(4), below, of substitute water supplies. Under the decree in Case No. 2004CW310, the City and County of Broomfield will make substitute supplies available from the sources listed in paragraph 4.a.(3) below, at the exchange-from point identified in paragraph 4.a.(4), below, and divert up to 21 c.f.s. of water at the exchange-to points identified in paragraphs 4.a.(2)(i) and 4.a.(2)(ii), below, and divert up to 31 c.f.s. of water at the exchange-to point identified in paragraph 4.a.(2)(iii), below. The 21 c.f.s. appropriated by exchange at the points described in paragraphs 4.a.(2)(i). and 4.a.(2)(ii), below, is in addition to the 10.0 c.f.s., conditional, decreed with an appropriation date of October 7, 1998 by the decree in Case No. 98CW436. The South Platte River - Big Dry Creek Exchanges may be operated at a maximum total combined rate of 31c.f.s. 4.a.(2) Name, location, and source of diversion points (“exchange-to points”) at which water will be diverted and/or stored by exchange: 4.a.(2)(i) Broomfield Discharge Diversion Point. Located at the Broomfield Wastewater Reclamation Facility in the City and County of Broomfield, Colorado, commencing at the center of Section 32, Township 1 South, Range 68 West of the Sixth Principal Meridian, whence the East one-quarter corner of said Section 32 bears South 89º46'32" East a distance of 2,646.68 feet, said line forming the basis of bearings for this description, thence South 69º09'23" East, a distance of 1,006.42 feet to the Broomfield Discharge Diversion Point, whence said East one-quarter corner bears North 78º28'47" East, a distance of 1,741.17 feet. The GPS location has been determined by a GPS handheld device to be: Easting: 498202, Northing: 4418700, Lat: 39 deg 55 min 13 sec, Long: 105 deg 01 min 16 sec. Said point is shown on Exhibit A, attached hereto and hereby incorporated herein. 4.a.(2)(ii)Broomfield Big Dry Creek Diversion Point. Located on Big Dry Creek in Adams County, Colorado, commencing at the center of Section 32, Township 1 South, Range 68 West of the Sixth Principal Meridian, whence the East one-quarter corner of said Section 32 bears South 89º46'32" East a distance of 2,646.68 feet, said line forming the basis of bearings for this description, thence South 70º46'39" East, a distance of 1,020.11 feet to the Broomfield Big Dry Creek Diversion Point, whence said East one-quarter corner bears North 79º03'25" East, a distance of 1,714.60 feet. The GPS location has been determined by a GPS handheld device to be: Easting: 498210, Northing: 4418702, 4

Lat: 39 deg 55 min 13 sec, Long: 105 deg 01 min 15 sec. Said point is shown on attached Exhibit A. 4.a.(2)(iii) Bull Canal Diversion Point. Located on Big Dry Creek in the Northwest quarter of the Southeast quarter of Section 28, Township 1 South, Range 68 West of the Sixth Principal Meridian, Adams County, Colorado. The GPS location has been determined by a GPS handheld device to be: Easting: 499786, Northing: 4420044, Lat: 39 deg 55 min 57 sec, Long: 105 deg 00 min 09 sec. Said point is shown on attached Exhibit A. 4.a.(3) Sources of substitute supply: 4.a.(3)(i) Consolidated Mutual Effluent released to the South Platte River at the Perry Pit, Metro Wastewater Treatment Plant, and/or the proposed 2nd Metro Plant. 4.a.(3)(ii) Windy Gap Effluent released at Broomfield’s Wastewater Reclamation Facility, and/or Great Western Reservoir into Big Dry Creek and/or Heit Pit or Koenig Pit released to Little Dry Creek and/or South Platte River. 4.a.(3)(iii) Direct flow right decreed in Case No. 98CW346 and direct flow rights decreed in Case No. 2004CW310, released into Big Dry Creek. 4.a.(3)(iv) Storage rights decreed in Case No. 2006CW288, released from the Heit Pit to the South Platte River and/or Little Dry. 4.a.(3)(v) Fully consumable water from the water rights that have been decreed in Case No. 2005CW290, released to the South Platte River and/or Little Dry Creek directly or from storage in Koenig Pit and/or Heit Pit. 4.a.(3)(vi) Fully consumable effluent acquired from Aurora by Broomfield in Broomfield’s trade for the 1.82 shares in the Brighton Ditch Company changed in Broomfield’s Case No. 2005CW290. 4.a.(3)(vii) Fully consumable water from Walnut Creek, decreed in Case No. 2008CW02, released to Great Western Reservoir by the Department of Energy and delivered to Big Dry Creek. 4.a.(3)(viii) Broomfield lawn irrigating return flows returning to Big Dry Creek, once the same are quantified and decreed in a separate proceeding. 4.a.(3)(ix) Storage rights decreed in Case No. 81CW463. 4.a.(3)(x) Additional future substitute supplies obtained by Broomfield pursuant the terms and conditions of the decree in Case No. 2004CW310. 4.a.(4) Exchange-From Point at which Broomfield shall make substitute supplies available to allow diversion by exchange at the points set forth in paragraph 4.a.(2) above: The confluence of Big Dry Creek and the South Platte River, located at a point described as follows: commencing at the Northwest Corner of Section 7, Township 1 North, Range 66 West of the Sixth Principal Meridian, County of Weld, State of Colorado, whence the West one-quarter corner of said Section 7 bears South 00º00'00" East a distance of 2,639.16 feet, said line forming the basis of bearings for this description, thence South 72º54'39" East, a distance of 660.98 feet to the Confluence of Big Dry Creek and the South Platte River, whence said West one-quarter corner bears South 14º29'20" West, a distance of 2,525.23 feet. The GPS location has been determined by a GPS handheld device to be: Easting: 514747, Northing: 4435583, Lat: 40 deg 04 min 20 sec, Long: 104 deg 49 min 37 sec. Said point is shown on attached Exhibit A. 4.a.(5) Date of initiation of appropriation: November 15, 2004. 4.a.(6) Amount decreed: (i) 21 c.f.s. for the South Platte River-Big Dry Creek Exchanges to be diverted at the exchange-to points described in paragraphs 4.a.(2)(i) and 4.a.(2)(ii), above, in addition to the 10 c.f.s. decreed in Case No. 98CW436; (ii) 31 c.f.s. for the South Platte River-Big Dry Creek Exchange to be diverted at the exchange-to point described in paragraph 4.a.(2)(iii); (iii.) with a maximum combined total rate of 31 c.f.s. Broomfield shall not divert more than a maximum of 5,100 acre feet in any water year by operation of the exchanges along Exchange Reach No. 1 or Exchange Reach No. 2 decreed in Case No. 2004CW310. 4.a.(7) Operations with other Exchanges: At times, the exchanges decreed for Exchange Reach No. 1 will be operated in conjunction with: (i) the exchanges decreed in Case No. 98CW436; and/or (ii) the exchanges decreed in Case No. 2004CW310 for Exchange Reach No. 2; and/or (iii) the exchanges decreed in Case No. 2006CW288. 4.a.(8) Use or proposed use: All municipal purposes, including irrigation, lake level maintenance, domestic, industrial, commercial, fire protection, stockwatering, recreation, piscatorial, storage and all other municipal purposes. The water will also be used for exchange, for replacement, and for augmentation purposes. Broomfield shall have the right to use, reuse, make successive use of, and dispose of all water lawfully diverted or impounded pursuant to this decree for the purposes approved in this decree, provided the substitute supply used in any particular exchange is fully consumable or reusable water. 4.a.(9) Place of use: The place of use for the water for the appropriative rights of substitution and exchange decreed in Case No. 2004CW310 shall be any place served in the present or the future by the City and County of Broomfield’s treated water, reuse water, and/or raw water systems. 4.b. Exchange Reach No. 2, South Platte River Exchanges. 4.b.(1)

Description of conditional appropriative rights of substitution and exchange: By the decree in Case No. 2004CW310, Broomfield was awarded conditional appropriative rights of substitution and exchange in Exchange Reach No. 2. Exchange Reach No. 2 extends from the confluence of the St. Vrain River (also known as St. Vrain Creek) and the South Platte River, described in paragraph 4.b.(4), below, up the South Platte River to the headgate of the Brighton Ditch on the South Platte River, described in paragraph 4.b.(2), below, and points along the South Platte between the St. Vrain River-South Platte River confluence and the headgate of the Brighton Ditch as follows: (A) the confluence of Little Dry Creek and the South Platte River, located in the Southeast quarter of the Northeast quarter of Section 12, Township 2 North, Range 67 West of the Sixth Principal Meridian, in Weld County, Colorado; (B) the confluence of Big Dry Creek and the South Platte River, described in paragraph 4.a.(4), above; (C) the South Platte Wellfield/Wells located on the west bank of the South Platte River in the Southwest 1/4 of Section 18 and part of the Northeast 1/4 of the Northwest 1/4 of Section 19, Township 2 North, Range 66 West of the 6th P.M.; and (D) additional locations shown or listed in Table 2 of Exhibit B, attached hereto and hereby incorporated. Under the exchanges, Broomfield will divert by exchange up to 31 c.f.s of water at the exchange-to points in Exchange Reach No. 2 above the point described in paragraph 4.b.(4), below. The City and County of Broomfield will make the substitute supplies available at or above the point identified in paragraph 4.b.(4), below, from the sources described in paragraph 4.b.(3), below. The South Platte River Exchanges may be operated at a maximum combined total rate of 31 c.f.s., with individual exchanges between the Heit Pit and/or Koenig Reservoir Outlet Works and all downstream exchange- from points limited to a maximum combined rate of 10 or 12.6 c.f.s in accordance with the exchange rates set forth in the matrices set forth in Exhibit B, hereto. 4.b.(2) Upstream Terminus of Exchange Reach No. 2: The headgate of the Brighton Ditch, located on the South Platte River in the Southeast quarter of the Southeast quarter of Section 11, Township 1 South, Range 67 West of the Sixth Principal Meridian in Adams County, Colorado. The GPS location has been determined by a GPS handheld device to be: Easting: 512762, Northing: 4424686, Lat: 39 deg 58 min 27 sec, Long: 104 deg 51 min 02 sec. Said point is shown on attached Exhibit A. 4.b.(3) Sources of substitute supply: Those sources listed in Paragraph 4.a.(3), above. 4.b.(4) Downstream Terminus of Exchange Reach No. 2: The confluence of St. Vrain River and the South Platte River, located in the Southwest Quarter of the Northeast Quarter of Section 34, Township 4 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado. The GPS location has been determined by a GPS handheld device to be: Easting: 510781, Northing: 4457530, Lat: 40 deg 16 min 12 sec, Long: 104 deg 52 min 24 sec. Said point is shown on attached Exhibit A. 4.b.(5) Date of Initiation of Appropriation: November 15, 2004. 4.b.(6) Amount decreed: 31 c.f.s. maximum combined total rate for Exchange Reach No. 2 from the Heit Pit and/or Koenig Reservoir Outlet Works upstream to the Headgate of the Brighton Ditch. Pursuant to the exchange rates set forth in Exhibit B, 10 c.f.s. or 12.6 c.f.s. maximum combined total rate for Exchange Reach No. 2 between the Heit Pit and/or Koenig Reservoir Outlet Works and all downstream exchange-from points down to and including the confluence of the South Platte River and St. Vrain Creek. Broomfield shall not divert more than a maximum of 5,100 acre feet in any water year by operation of the exchanges along Exchange Reach No. 1 or Exchange Reach No. 2 decreed in Case No. 2004CW310. 4.b.(7) Operation with Other Exchanges: At times, the exchanges decreed for Exchange Reach No. 2 will be operated in conjunction with: (i) the exchanges decreed in Case No. 98CW436; and/or (ii) the exchanges decreed in Case No. 2004CW310 for Exchange Reach No. 1; and/or (iii) the exchanges decreed in Case No. 2006CW288. 4.b.(8) Use or proposed use: All municipal purposes, including irrigation, lake level maintenance, domestic, industrial, commercial, fire protection, stockwatering, recreation, piscatorial, storage and all other municipal purposes. The water will also be used for exchange, for replacement, and for augmentation purposes. Broomfield shall have the right to use, reuse, make successive use of, and dispose of all water lawfully diverted or impounded pursuant to this decree for the purposes approved in this decree, provided the substitute supply used in any particular exchange is fully consumable or reusable water. 4.b.(9) Place of use: The place of use for the water for the appropriative rights of exchange decreed in Case No. 2004CW310 shall be any place served in the present or the future by the City and County of Broomfield’s treated water, reuse water, and/or raw water systems. 5. DESCRIPTION OF CONDITIONAL

DIRECT FLOW WATER RIGHTS: 5.a. Name of Structure: Broomfield Discharge Diversion Point Enlargement. 5.a.(1) Legal description of point diversion: Commencing at the center of Section 32, Township 1 South, Range 68 West of the Sixth Principal Meridian, whence the East one-quarter corner of said Section 32 bears South 89º46'32" East a distance of 2,646.68 feet, said line forming the basis of bearings for this description, thence South 69º09'23" East, a distance of 1,006.42 feet to the Broomfield Discharge Diversion Point, whence said East one-quarter corner bears North 78º28'47" East, a distance of 1,741.17 feet, in the City and County of Broomfield, Colorado. The GPS location has been determined by a GPS handheld device to be: Easting: 498202, Northing: 4418700, Lat: 39 deg 55 min 13 sec, Long: 105 deg 01 min 16 sec. Said point is shown on attached Exhibit A. 5.a.(2) Source of water: Effluent from the City of Broomfield Wastewater Reclamation Facility, tributary to Big Dry Creek, a tributary of the South Platte River. 5.a.(3) Date of initiation of appropriation: November 15, 2004. 5.a.(4) Amount decreed: 26 c.f.s., conditional. 5.b. Name of Structure: Broomfield Big Dry Creek Diversion Point Enlargement. 5.b.(1) Legal description of point of diversion: commencing at the Center of Section 32, Township 1 South, Range 68 West of the Sixth Principal Meridian, whence the East one-quarter corner of said Section 32 bears South 89º46'32" East a distance of 2,646.68 feet, said line forming the basis of bearings for this description, thence South 70º46'39" East a distance of 1,020.11 feet to the Broomfield Big Dry Creek Diversion Point, whence said East one-quarter corner bears North 79º03'25" East, a distance of 1,714.60 feet, in the County of Adams, Colorado. The GPS location has been determined by a GPS handheld device to be: Easting: 498210, Northing: 4418702, Lat: 39 deg 55 min 13 sec, Long: 105 deg 01 min 15 sec. Said point is shown on attached Exhibit A. 5.b.(2) Source of water: Big Dry Creek. 5.b.(3) Date of initiation of appropriation: November 15, 2004. 5.b.(4) Amount decreed: 26 c.f.s., conditional. 5.c. Name of Structure: Bull Canal Diversion Point. 5.c.(1) Legal description of point of diversion: A point on Big Dry Creek in the Northwest Quarter of the Southeast Quarter of Section 28, Township 1 South, Range 68 West of the Sixth Principal Meridian, in Adams County, Colorado. The GPS location has been determined by a GPS handheld device to be: Easting: 499786, Northing: 4420044, Lat: 39 deg 55 min 57 sec, Long: 105 deg 00 min 09 sec. Said point is shown on attached Exhibit A. 5.c.(2) Source of water: Big Dry Creek. 5.c.(3) Date of initiation of appropriation: November 15, 2004. 5.c.(4) Amount decreed: 31 c.f.s., conditional. 5.d. Use of water for conditional direct flow water rights: All municipal purposes, including irrigation, lake level maintenance, domestic, industrial, commercial, fire protection, stockwatering, recreation, piscatorial, storage and all other municipal purposes. The water will also be used for exchange, for replacement, and for augmentation purposes. Applicant has the right to use, reuse, successively use and dispose of, by exchange or otherwise, to extinction all water lawfully diverted and/or impounded by exercise of the subject conditional direct flow water rights pursuant to the decree entered in Case No. 2004CW310. 6. PROVIDE A DETAILED OUTLINE OF WHAT HAS BEEN DONE TOWARD COMPLETION OR FOR COMPLETION OF THE APPROPRIATION AND APPLICATION OF WATER TO A BENEFICIAL USE AS CONDITIONALLY DECREED, INCLUDING EXPENDITURES. 6.a. During the diligence period of July 1, 2009 through the filing of this application, Broomfield has incurred $812,386.19 in attorney’s fees and costs in efforts related to the water rights which are subject of this application, the related water cases described in paragraph 6.b., below, opposing other entities’ water cases to protect the subject water rights and related water rights, planning for the construction of the Heit Pit and its inlet and outlet works, and in obtaining easements for construction of the inlet and outlet works and of the South Platte Wellfield. Further, during the diligence period Broomfield has incurred $1,475,000, more or less, in engineering fees for: overall water supply planning for the non-potable system and evaluating the dependable yield of Broomfield’s water supplies, including the yield of the water rights decreed in Case No. 2004CW310; assisting Broomfield in evaluating impacts of water court filings by other water users, supporting legal counsel with statements of oppositions and engineering, and preparing terms and conditions to protect Broomfield’s water rights; assisting Broomfield with its other water court activities related to Case No. 2004CW310, Case No. 2005CW290 (change of irrigation rights), Case No. 2006CW288 (Heit Pit Storage Rights and Little Dry Creek Exchange), Case No. 2009CW96 (South Platte Wellfield and Heit Pit Refill Right); completing initial design and permitting activities to construct the Heit Pit inlet and outlet facilities and the associated

wellfield, with construction planned to begin in the next few years; and providing initial supporting unit water demands and water source yield estimates which include the Case No. 2004CW310 water rights for the Broomfield Non-Potable Water Master Plan. The direct flow water rights and appropriative rights of substitution and exchange decreed in Case No. 2004CW310 are components of Broomfield’s reclamation system, which diverts water for irrigation of parks, open spaces, and recreation facilities throughout Broomfield. During the diligence period, the City and County of Broomfield has spent in excess of $7.75 million on its water reclamation project of which the subject water rights are a part, including the following activities: 6.a.(1) Planning, design and construction of Heit Pit, wellfield and diversion facilities: $223,602; 6.a.(2) Reuse lines construction, operation, and maintenance: $5,273,820. 6.a.(3) Engineering: $1,475,000 (as detailed above). 6.a.(4) Legal: $812,386 (as detailed above). 6.b. During the diligence period, Applicant obtained the following Water Court decrees related to the conditional water rights in this application: 6.b.(1) Case No. 2006CW288, entered June 4, 2010. 6.b.(2) Case No. 2009CW23 (98CW436), entered September 27, 2011. 6.b.(3) Case No. 2010CW296 (81CW463), entered October 18, 2011. 6.b.(4) Case No. 2009CW96, entered November 23, 2011. 6.c. During the diligence period, Applicant has participated as an objector in numerous Water Court applications for the protection of the water rights in Case No. 2004CW310. 7. WATER APPLIED TO BENEFICIAL USE: Applicant requests that the Court make absolute any portions of the conditional water rights identified above which may be diverted and placed to beneficial use prior to the date of the decree to be entered herein. 8. NAMES AND ADDRESSES OF OWNERS OR REPUTED OWNERS OF THE LAND UPON WHICH ANY NEW DIVERSION OR STORAGE STRUCTURE OR MODIFICATION TO ANY EXISTING DIVERSION OR STORAGE STRUCTURE OR EXISTING STORAGE POOL IS OR WILL BE CONSTRUCTED OR UPON WHICH WATER IS OR WILL BE STORED. 8.a. Broomfield Discharge Diversion Point and Enlargement. Applicant. 8.b. Broomfield Big Dry Creek Diversion Point and Enlargement. City of Westminster, 4800 West 92nd Avenue, Westminster, Colorado 80030. 8.c. Bull Canal Diversion Point. The Farmers Reservoir & Irrigation Company, 80 South 27th Avenue, Brighton, Colorado 80601-2602. 8.d. South Platte River Wellfield/Wells. Robert Stahl, and Christine J. Smith Rev Trust c/o Robert M. Stahl, Trustee, 9378 County Rd 25, Fort Lupton, Colorado 80621; Groundwater Management Subdistrict of the Central Colorado Water Conservancy District, 3209 West 28 Street, Greeley, Colorado 80631; Darrell L. Bearson and Nelva M. Bearson, 9208 Weld County Road 25, Fort Lupton, Colorado 80621. 8.e.Meadow Island No. 1 Ditch headgate. Meadow Island No. 1 Ditch Company, 9826 Highway 66, Platteville, Colorado 80651. 8.f. Lupton Bottom Ditch headgate. Lupton Bottom Ditch Company, 11016 Weld County Road 23, Ft. Lupton, Colorado 80621. 8.g. Diversion structures for Consolidated Mutual’s Perry Pit. Consolidated Mutual Water Company, 12700 W. 27th Ave., Lakewood, Colorado 80215. 8.h. Brighton Ditch headgate. Brighton Ditch Company, c/o Don Rosenbrock, 3286 Weld County Road 23, Ft. Lupton, Colorado 80621. 8.i. Heit Pit. Applicant. 8.j. Koenig Reservoir. Groundwater Management Subdistrict of the Central Colorado Water Conservancy District, 3209 West 28 Street, Greeley, Colorado 80631. WHEREFORE, Applicant requests that the conditional water rights decreed for Exchange Reach No. 1 - South Platte River-Big Dry Creek Exchanges, Exchange Reach No. 2 - South Platte River Exchanges, Broomfield Discharge Diversion Point Enlargement, Broomfield Big Dry Creek Diversion Point Enlargement, and Bull Canal Diversion Point be continued in full force and effect until the due date of the next diligence filing herein. Additional Information. Number of pages of Application: 17, including 5 pages of exhibits.

15CW3072 Town of Lochbuie, c/o Town Manager, 703 WCR 37, Lochbuie, CO 80603. (Steven P. Jeffers, Matthew Machado, Lyons Gaddis Kahn Hall Jeffers Dworak Grant, PC, P.O. Box 978, Longmont, CO 80502-0978, 303-776-9900) APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE AND TO MAKE CONDITIONAL WATER RIGHTS ABSOLUTE IN WELD COUNTY. 2. Name of structures: Lochbuie Water Company Well Nos. 1, 2, 4 and 5. Wells 1 and 2 are also known as Town of Lochbuie Wells Nos. 6 and 7 respectively. 3. Describe conditional water right (as to each structure) from Judgment and Decree: A) Date of original decree, case no. and court for all wells: The District Court for Water Division No. 1 entered the original decree on August 24, 1988 in Case No.

84CW026, and diligence decrees on February 13, 1996 in Case No. 94CW139, on December 16, 2002 in Case No. 2002CW039, and on June 16, 2009 in Case No. 08CW280. B) Legal Description: A map showing the location of the wells is attached as EXHIBIT A. i. Lochbuie Water Company Well No. 1 a/k/a Town of Lochbuie Well No. 6 (Permit No. 6063-F-R, Structure ID 7011) is located in the SW1/4 SE1/4, Section 36, T1N, R66W, 6th P.M., Weld County, Colorado, 1000 feet from the South and 1,500 feet from the East section lines. ii. Lochbuie Water Company Well No. 2 a/k/a Town of Lochbuie Well No. 7 (Permit No. R-11952-F, Structure ID 7012) is located in the SW1/4 SE1/4, Section 36, T1N, R66W, 6th P.M., Weld County, Colorado, 900 feet from the South and 1,550 feet from the East section lines. iii. Lochbuie Water Company Well No. 4 (Permit No. 3033-F, Structure ID 8645) is located in the SE1/4 NE1/4, Section 36, T1N, R66W, 6th P.M., Weld County, Colorado, 2,600 feet from the North and 1,200 feet from the East section lines. iv. Lochbuie Water Company Well No. 5 (Permit No. R-0196, Structure ID 8646) is located in the NW1/4 NE1/4, Section 36, T1N, R66W, 6th P.M., Weld County, Colorado, 1,200 feet from the North and 1,500 feet from the East section lines. C) Source: Groundwater for all structures. D) Appropriation Date: January 31, 1984 for all structures. Amounts: Well No. 1: 4.44 cfs (1,998 gpm), 1,725 acre feet per year, CONDITIONAL, Well No. 2: 2.44 cfs (1,093 gpm), 946 acre feet per year, CONDITIONAL, Well No. 4: 2.67 cfs (1,196 gpm), 350 acre feet per year, CONDITIONAL, Well No. 5: 2.0 cfs (896 gpm), 264 acre feet per year, CONDITIONAL E) Use: Municipal, domestic, industrial, commercial, irrigation, stock watering, recreation, fish and wildlife. F) Depth: Well No. 1: 90 feet., Well No. 2: 91 feet., Well No. 4: 72 feet., Well No. 5: 81 feet. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: During the current diligence period, the Town obtained a decree in Case No. 10CW216, which amended the depletion factors for the subject wells set forth in the original decree for the wells in Case No. 84CW26. The Town also obtained a decree in Case No. 10CW214 on April 23, 2014, which case involved modifications to the Town’s separate plan for augmentation for these wells decreed in Case No. 04CW85. On December 15, 2014, the Town obtained a new permit for Town Well No. 6 to allow pumping under the Town’s recently amended augmentation plans. The Town Board approved the filing of this Application and manifested its intent to complete the appropriations for the wells by Resolution 2015-4. Town of Lochbuie Well No. 6 is connected to the Town’s potable water system and the irrigation system for Leo Sack Park. The Town currently uses this well to provide water for the irrigation system at the park. The Town installed water level transducers in this well. The Town’s consultants prepared accounting for the Town’s water rights, including these wells. The Town opposed other applications for water rights, changes in water rights, and plans for augmentation involving the Beebe Draw, including Case Nos. 02CW105, 02CW403, 02CW404 and 03CW442, 03CW320, 09CW283, 10CW306, 12CW265, 12CW257, 13CW3165, 15CW3012 and other cases. The Town participated in various water quality protection activities in order to protect these water rights. The Town is also assisting in the study of local aquifer characteristics and recharge capabilities near the Town’s well field. The total amount of expenditures during the past six years for engineering consulting for the Town’s water resource and water rights planning, including but not limited to analyses related to physical water supply, legal water supply, augmentation plan accounting and operations, water court filings, engineering and consulting reports in support of water right filings, engineering consulting reports for opposition to water right filings, and other related activities, was in excess of $596,000, which amount is exclusive of legal fees, Town staff’s time, and other expenditures on equipment related to the development of Lochbuie’s integrated water system in which the subject wells are included. 5. If a claim to make absolute, water applied to beneficial use: On June 18, 2015, the Town diverted water from Lochbuie Water Company Well No. 1 (a.k.a. Town of Lochbuie Well No. 6) at a rate of 178.5 gpm and applied the water to beneficial use, as discussed in EXHIBIT B. The Town requests that this amount be made absolute. The Town reserves the right to provide additional evidence to make additional amounts of the subject water rights absolute developed during the pendency of this case. 6. Name and address of owner of land where structures are located or place where water will be used. Applicant owns all wells and well sites or has easements for such well sites. Water will be used within the Town’s service area or other locations served by contract.

15CW3073 (03CW139, 90CW223) CITY OF ENGLEWOOD, Attn: Utilities Manager, 1000 Englewood Parkway, Englewood, CO 80110, 303-762-2636, (Peter D. Nichols, Leah K. Martinsson, Berg Hill Greenleaf & Ruscitti LLP, 1712 Pearl Street, Boulder, Colorado 80302 (303) 402-1600). ) APPLICATION FOR FINDING OF REASONABLE DILIGENCE in ARAPAHOE, JEFFERSON AND DENVER COUNTIES, COLORADO. 1. Name, address telephone number of Applicant: See description above 2. Description of Conditional Water Rights: A. Name of structure: Exchange to the City of Englewood points of diversion listed under paragraph 2.C below. B. Date of original decree: These appropriative rights of exchange were conditionally decreed on March 24, 1997 in Case No. 90CW223 (Water Div. 1) (the “Subject Exchanges”). C. Name and legal description of structures at which water will be diverted by exchange (exchange-to locations): 1) Union Avenue Intake, which is located on the right (East) bank of the South Platte River, in Section 9, Township 5 South, Range 68 West, of the 6th P.M., at a point approximately 2300' from the North section line of said Section and 300' from the West section line of said Section (from 1965 USGS 7-1/2' quadrangle sheet, photo revised in 1980). 2) Ensor Well Field, which is located in Section 31, Township 5 South, Range 68 West, of the 6th P.M. 3) Outlet Manifold for City Ditch at Chatfield Reservoir, whose center line of the outlet conduit intersects the center line of the dam at a point whence the NW Corner, Section 1, Township 6 South, Range 69 West, of the 6th P.M., bears N 49 West, 4,070'. 4) Chatfield Reservoir, which is located in Sections 6, 7, 17, 18, 19 and 20, Township 6 South, Range 68 West, of the 6th P.M., and Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 23, 24, 26, 27, 34 and 35, Township 6 South, Range 69 West, of the 6th P.M. 5) Headgate of the Highline Canal, which is located in Section 33, Township 6 South, Range 69 West, of the 6th P.M. 6) Dad Clark Gulch at McLellan Reservoir, which is located in Sections 32 and 33 of Township 5 South, Range 68 West of the 6th P.M., and Sections 4 and 5, Township 6 South, Range 68 West, of the 6th P.M., with the initial point of survey being a point whence the SE corner of Section 32, Township 5 South, Range 68 West, of the 6th P.M. bears South 71 00' East 2,489.5 feet. D. Water rights to be used as source of substitute water for the exchange: 1) Not nontributary and nontributary ground water from the not nontributary Denver, Arapahoe and Laramie-Fox Hills aquifers and the nontributary Laramie-Fox Hills aquifer, the rights to which are the subject of Englewood's application decreed in Case No. 89CW062 (Water Div. 1). The wells from which such not nontributary and nontributary ground water will be withdrawn are, as set forth in Englewood's decree in Case No. 89CW062 (Water Div. 1): DENVER AQUIFER (1) DE-1 (a) Location: In the SW1/4 of the SW1/4 of Section 28, T4S, R68W of the 6th P.M., at the point 550' North of the South section line and 500' East of the West section line of said Section 28. (b) Depth: 340'. (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal: 125 acre feet. (2) DE-2 (a) Location: In the NE 1/4 of the NE1/4 of Section 34, T4S, R68W of the 6th P.M., at the point 400' South of the North section line and 500' West of the East section line of said Section 34. (b) Depth: 570'. (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal: 125 acre feet. (3) DE-3 (a) Location: In the NW1/4 of the SW1/4 of Section 34, T4S, R68W of the 6th P.M., at the point 2375' North of the South section line and 340' East of the West section line of said Section 34. (b) Depth: 470'. (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal: 125 acre feet. (4) DE-4 (a) Location: In the SW1/4 of the SE1/4 of Section 35, T4S, R68W of the 6th P.M., at the point 1150' North of the South section line and 2450' West of the East section line of said Section 35. (b) Depth: 710'. (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal: 125 acre feet. (5) DE-5 (a) Location: In the NE1/4 of the NW1/4 of Section 4, T5S, R68W of the 6th P.M., at the point 850' South of the North section line and 2420' East of the West section line of said Section 4. (b) Depth: 375'. (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal: 125 acre feet. (6) DE-6 (a) Location: In the SE1/4 of the NE1/4 of Section 3, T5S, R68W of the 6th P.M., at the point 1450' South of the North section line and 1100' West of the East section line of said Section 3. (b) Depth: 580'. (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal: 125 acre feet. (7) DE-7 (a) Location: In the SE1/4 of the SE1/4 of Section 4, T5S, R68W of the 6th P.M., at the point 200' North of the South section line and 700" West of the East section line of said Section 4. (b) Depth: 400'. (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal: 125 acre feet. (8) DE-8 10

(a) Location: In the NW1/4 of the SE1/4 of Section 9, T5S, R68W of the 6th P.M., at the point 1400' North of the South section line and 1550' West of the East section line of said Section 9. (b) Depth: 280'. (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal: 125 acre feet. (9) DE-11 (a) Location: In the NW1/4 of the SW1/4 of Section 9, T5S, R68W of the 6th P.M., at the point 2550' North of the South section line and 570' East of the West section line of said Section 9. (b) Depth: 235'. (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal: 125 acre feet. (10) DE-12 (a) Location: In the NE1/4 of the NW1/4 of Section 3, T5S, R68W of the 6th P.M., at the point 530' South of the North section line and 1530' East of the West section line of said Section 3. (b) Depth: 525'. (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal: 125 acre feet. (11) DE-M1 (a) Location: In the NE1/4 of the NE1/4 of Section 4, T6S, R68W of the 6th P.M., at the point 850' South of the North section line and 300' West of the East section line of said Section 4. (b) Depth: 330'. (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal: 19 acre feet. ARAPAHOE AQUIFER (12) A-M1 (a) Location: In the NE1/4 of the NE1/4 of Section 4, T6S, R68W of the 6th P.M., at the point 850' South of the North section line and 300' West of the East section line of said Section 4. (b) Depth: 900'. (c) Pumping Rate: 400 gpm. (d) Average Annual Withdrawal: 47.9 acre feet. LARAMIE-FOX HILLS AQUIFER (13) LF-M2 (a) Location: In the NE1/4 of the NE1/4 of Section 4, T6S, R68W of the 6th P.M., at a point 850' feet South of the North section line and 300' West of the East section line of said Section 4. (b) Depth: 1650’ (as modified by Well Permit No. 43354-F). (c) Pumping Rate: 550 gpm (modified by Well Permit No. 43354-F). (d) Average Annual Withdrawal: 127.6 acre feet, of which 102.8 acre feet is not nontributary, and 24.8 acre feet is nontributary. 2) Nontributary ground water from the nontributary Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifers, the rights to which are the subject of Englewood's application decreed in Case No. 89CW061 (Water Div. 1). The wells from which such nontributary ground water will be withdrawn are, as set forth in Englewood's decree in Case No. 89CW061 (Water Div. 1): UPPER ARAPAHOE AQUIFER (1) UA-1 (a) Location: In the SW1/4 of the SW1/4 of Section 28, T4S, R68W of the 6th P.M., at the point 550' North of the South section line and 500' East of the West section line of said Section 28. (b) Depth: 645'. (c) Pumping Rate: 250 gpm. (d) Average Annual Withdrawal: 109 acre feet. (2) UA-2 (a) Location: In the NE1/4 of the NE1/4 of Section 34, T4S, R68W of the 6th P.M., at the point 1400' South of the North section line and 730' West of the East section line of said Section 34. (b) Depth: 830'. (c) Pumping Rate: 250 gpm. (d) Average Annual Withdrawal: 109 acre feet. (3) UA-3 (a) Location: In the NW1/4 of the SW1/4 of Section 34, T4S, R68W of the 6th P.M., at the point 2200' North of the South section line and 300' East of the West section line of said Section 34. (b) Depth: 680'. (c) Pumping Rate: 250 gpm. (d) Average Annual Withdrawal: 109 acre feet. (4) UA-4 (a) Location: In the SW1/4 of the SE1/4 of Section 35, T4S, R68W of the 6th P.M., at the point 1150' North of the South section line and 2450' West of the East section line of said Section 35. (b) Depth: 875'. (c) Pumping Rate: 250 gpm. (d) Average Annual Withdrawal: 109 acre feet. (5) UA-5 (a) Location: In the NE1/4 of the NW1/4 of Section 4, T5S, R68W of the 6th P.M., at the point 850' South of the North section line and 2420' East of the West section line of said Section 4. (b) Depth: 565'. (c) Pumping Rate: 250 gpm. (d) Average Annual Withdrawal: 109 acre feet. (6) UA-6 (a) Location: In the SE1/4 of the NE1/4 of Section 3, T5S, R68W of the 6th P.M., at the point 1450' South of the North section line and 1100' West of the East section line of said Section 3. (b) Depth: 745'. (c) Pumping Rate: 250 gpm. (d) Average Annual Withdrawal: 109 acre feet. (7) UA-7 (a) Location: In the SE1/4 of the SE 1/4 of Section 4, T5S, R68W of the 6th P.M., at the point 200' North of the South section line and 700' West of the East section line of said Section 4. (b) Depth: 550'. (c) Pumping Rate: 250 gpm. (d) Average Annual Withdrawal: 109 acre feet. (8) UA-8 (a) Location: In the NW1/4 of the SE1/4 of Section 9, T5S, R68W of the 6th P.M., at the point 1400' North of the South section line and 1550' West of the East section line of said Section 9. (b) Depth: 480'. (c) Pumping Rate: 250 gpm. (d) Average Annual Withdrawal: 109 acre feet. (9) UA-9 (a) Location: In the NE1/4 of the SE1/4 of Section 10, T5S, R68W of the 6th P.M., at the point 1520' North of the South section line and 750' West of the East section line of said Section 10. (b) Depth: 680'. (c) Pumping Rate: 250 gpm. (d) Average Annual Withdrawal: 109 acre feet. (10) UA-11 (a) Location: In the NW1/4 of the SW1/4 of Section 9, T5S, R68W of the 6th P.M., at the point

2550' North of the South section line and 570' East of the West section line of said Section 9. (b) Depth: 425'. (c) Pumping Rate: 250 gpm. (d) Average Annual Withdrawal: 109 acre feet. (11) UA-12 (a) Location: In the NE1/4 of the NW1/4 of Section 3, T5S, R68W of the 6th P.M., at the point 530' South of the North Section line and 1530' East of the West section line of said Section 3. (b) Depth: 700'. (c) Pumping Rate: 250 gpm. (d) Average Annual Withdrawal: 109 acre feet. LOWER ARAPAHOE AQUIFER (12) LA-1 (a) Location: In the SW1/4 of the SW1/4 of Section 28, T4S, R68W of the 6th P.M., at the point 550' North of the South section line and 500' East of the West section line of said Section 28. (b) Depth: 870'. (c) Pumping Rate: 250 gpm. (d) Average Annual Withdrawal: 160 acre feet. (13) LA-2 (a) Location: In the SE1/4 of the NE1/4 of Section 34, T4S, R68W of the 6th P.M., at the point 1400' South of the North section line and 730' West of the East section line of said Section 34. (b) Depth: 985'. (c) Pumping Rate: 250 gpm. (d) Average Annual Withdrawal: 160 acre feet. (14) LA-3 (a) Location: In the NW1/4 of the SW1/4 of Section 34, T4S, R68W of the 6th P.M., at the point 2200' North of the South section line and 300' East of the West section line of said Section 34. (b) Depth: 885'. (c) Pumping Rate: 250 gpm. (d) Average Annual Withdrawal: 160 acre feet. (15) LA-4 (a) Location: In the SW1/4 of the SE 1/4 of Section 35, T4S, R68W of the 6th P.M., at the point 1150' North of the South section line and 2450' West of the East section line of said Section 35. (b) Depth: 1145'. (c) Pumping Rate: 250 gpm. (d) Average Annual Withdrawal: 160 acre feet. (16) LA-5 (a) Location: In the NE 1/4 of the NW1/4 of Section 4, T5S, R68W of the 6th P.M., at the point 850' South of the North section line and 2420' East of the West section line of said Section 4. (b) Depth: 810'. (c) Pumping Rate: 250 gpm. (d) Average Annual Withdrawal: 160 acre feet. (17) LA-6 (a) Location: In the SE1/4 of the NE1/4 of Section 3, T5S, R68W of the 6th P.M., at the point 1450' South of the North section line and 1100' West of the East section line of said Section 3. (b) Depth: 980'. (c) Pumping Rate: 250 gpm. (d) Average Annual Withdrawal: 160 acre feet. (18) LA-7 (a) Location: In the SE1/4 of the SE1/4 of Section 4, T5S, R68W of the 6th P.M., at the point 200' North of the South section line and 700' West of the East section line of said Section 4. (b) Depth: 795'. (c) Pumping Rate: 250 gpm. (d) Average Annual Withdrawal: 160 acre feet. (19) LA-8 (a) Location: In the NW1/4 of the SE1/4 of Section 9, T5S, R68W of the 6th P.M., at the point 1400' North of the South section line and 1550' West of the East section line of said Section 9. (b) Depth: 730'. (c) Pumping Rate: 250 gpm. (d) Average Annual Withdrawal: 160 acre feet. (20) LA-11 (a) Location: In the NW1/4 of the SW1/4 of Section 9, T5S, R68W of the 6th P.M., at the point 2550' North of the South section line and 570' East of West section line of said Section 9. (b) Depth: 660'. (c) Pumping Rate: 250 gpm. (d) Average Annual Withdrawal: 160 acre feet. (21) LA-12 (a) Location: In the NE1/4 of the NW1/4 of Section 3, T5S, R68W of the 6th P.M., at the point 530' South of the North section line and 1530' East of the West section line of said Section 3. (b) Depth: 920'. (c) Pumping Rate: 250 gpm. (d) Average Annual Withdrawal: 160 acre feet. LARAMIE-FOX HILLS AQUIFER (22) LF-1 (a) Location: In the SW1/4 of the SW1/4 of Section 28, T4S, R68W of the 6th P.M., at the point 550' North of the South section line and 500' East of the West section line of said Section 28. (b) Depth: 1580'. (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal: 162.1 acre feet. (23) LF-2 (a) Location: In the SE1/4 of the NE1/4 of Section 34, T4S, R68W of the 6th P.M., at the point 1400' South of the North section line and 730' West of the East section line of said Section 34. (b) Depth: 1660'. (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal: 162.1 acre feet. (24) LF-3 (a) Location: In the NW1/4 of the SW1/4 of Section 34, T4S, R68W of the 6th P.M., at the point 2200' North of the South section line and 300' East of the West section line of said Section 34. (b) Depth: 1570'. (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal: 162.1 acre feet. (25) LF-4 (a) Location: In the SW1/4 of the SE1/4 of Section 35, T4S, R68W of the 6th P.M., at the point 1150' North of the South section line and 2450' West of the East section line of said Section 35. (b) Depth: 1745'. (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal: 162.4 acre feet. (26) LF-5 (a) Location: In the NE1/4 of the NW1/4 of Section 4, T5S, R68W of the 6th P.M., at the point 850' South of the North section line and 2420' East of the West section line of said Section 4. (b) Depth: 1520'. (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal: 162.1 acre feet. (27) LF-6 (a) Location: In the SE1/4 of the NE1/4 of Section 3, T5S, R68W of the 6th P.M., at the point 1450' South of the North section line and 1100' West of the East

section line of said Section 3. (b) Depth: 1635'. (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal: 162.1 acre feet. (28) LF-7 (a) Location: In the SE1/4 of the SE1/4 of Section 4, T5S, R68W of the 6th P.M., at the point 200' North of the South section line and 700' West of the East section line of said Section 4. (b) Depth: 1535'. (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal: 162.1 acre feet. (29) LF-8 (a) Location: In the NW1/4 of the SE1/4 of Section 9, T5S, R68W of the 6th P.M., at the point 1400' North of the South section line and 1550' West of the East section line of said Section 9. (b) Depth: 1555'. (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal: 162.1 acre feet. (30) LF-9 (a) Location: In the NE1/4 of the SE1/4 of Section 10, T5S, R68W of the 6th P.M., at the point 1520' North of the South section line and 750' West of the East section line of said Section 10. (b) Depth: 1695'. (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal: 162.1 acre feet. (31) LF 10 (a) Location: In the NE1/4 of the SE1/4 of Section 5, T5S, R68W of the 6th P.M., at the point 2250' North of the South section line and 350' West of the East section line of said Section 5. (b) Depth: 1500'. (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal: 162.1 acre feet. (32) LF 11 (a) Location: In the NW1/4 of the SW1/4 of Section 9, T5S, R68W of the 6th P.M., at the point 2520' North of the South section line and 570' East of the West section line of said Section 9. (b) Depth: 1475'. (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal: 162.1 acre feet. (33) LF 12 (a) Location: In the NE1/4 of the NW1/4 of Section 3, T5S, R68W of the 6th P.m., at the point 530' South of the North section line and 1530' East of the West section line of said Section 3. (b) Depth: 1595'. (c) Pumping Rate: 200 gpm. (d) Average Annual Withdrawal: 162.1 acre feet. E. Points of Introduction (exchange-from locations): The points at which such not nontributary and nontributary ground water will be introduced to the South Platte River are: 1) Bi-City Sewage Treatment Plant outfall, which is located at Section 33, Township 4 South, Range 68 West, of the 6th P.M. 2) In the vicinity of Union Avenue Intake (from well field located on intake property), which is located on the right (East) bank of the South Platte River, in Section 9, Township 5 South, Range 68 West, of the 6th P.M., at a point approximately 2300' from the North section line of said Section and 300' from the West section line of said Section (from 1965 USGS 7 1/2' quadrangle sheet, photo revised in 1980). 3) The confluence of Little Dry Creek and the South Platte River, which confluence is located at Section 33, Township 4 South, Range 68 West, of the 6th P.M. 4) The confluence of Big Dry Creek and the South Platte River, which confluence is located at Section 9, Township 5 South, Range 68 West, of the 6th P.M. 5) The confluence of Bear Creek and the South Platte River, which confluence is located at Section 4, Township 5 South, Range 68 West, of the 6th P.M. 6) The confluence of Marcy Gulch and the South Platte River, which confluence is located at Section 6, Township 6 South, Range 68 West, of the 6th P.M. 7) The confluence of Harvard Gulch and the South Platte River, which confluence is located at Section 28, Township 4 South, Range 68 West, of the 6th P.M. 8) The McBroom Ditch tail into the South Platte River, which is located at Section 4, Township 5 South, Range 68 West, of the 6th P.M. 9) The McLellan Reservoir outfall to the South Platte River, which outfall is located at Section 31, Township 5 South, Range 68 West, of the 6th P.M. F. Amount: 23.3 cfs, conditional. Englewood will make the exchange described herein at the rate water is legally and physically available to the subject rights pursuant to the terms and conditions of the decrees entered in Case Nos. 89CW061, 89CW062, and 92CW030 (Water Division No. 1). The rate of exchange will not exceed 23.3 cfs. G. Use: Water to which Englewood is entitled under the subject rights may be conveyed to the South Platte River at the points of introduction identified above. An amount of water equal to the amount of water to which Englewood is entitled under the subject rights may be diverted at any of the points of diversion identified above and used for municipal, domestic, industrial, commercial, irrigation (including watering of parks, lawns, and gardens), stock watering, recreational, fish and wildlife propagation and maintenance, manufacturing, fire protection, sewage treatment, and street sprinkling. In addition, such water may be used for exchange purposes, for replacement of depletions resulting from use of water from other sources and for augmentation purposes. Such water may be used on any lands to which Englewood provides water for municipal purposes. Use of such water shall not be limited to lands served by Englewood at the time of the original application, but shall extend to any lands to which Englewood hereafter provides water for municipal purposes, and to any lands to which Englewood

provides water for municipal purposes under an existing or future contract of supply. H. Appropriation Date: December 17, 1990. 3. Previous Findings of Reasonable Diligence: A previous finding of reasonable diligence was entered on June 17, 2009 in Case No. 03CW139 (Water Div. 1). 4. Diligence Activities: Pursuant to the Decree issued in Case No. 90CW223, the Subject Exchanges are part of an extensive unified system for the collection, treatment and distribution of water operated by the City of Englewood to its customers. The operation of the Subject Exchanges is not only dependent upon Englewood’s demand and stream exchange potential available, but is also affected by the yield of other water rights and exchanges currently operated by Englewood. The existence of these other water rights and exchanges is necessary in order to allow Englewood to plan for growth and maintain flexibility and reliability in its water supply system. Therefore, for the purposes of showing diligence as to the appropriative rights of exchange decreed in Case No. 90CW223, diligence as to any part of Englewood’s water rights system used to operate or benefit from these exchanges shall be diligence as to the completion of the Subject Exchanges. During the diligence period of 2009 to the present, in continuing the development of the appropriative rights of exchange that are the subject of the Application, Englewood has undertaken significant efforts on various components of its unified water system. Activities that have been performed toward completion of the appropriation and application of the Subject Exchanges to beneficial use are described below. This list is not intended to be exhaustive. A. Englewood has expended over $400,000.00 on various water diversion, measurement, and distribution system improvements. These include improvements to various ditches, pumps, pipes, and flume and gulches, including the following exchange-to structures: i. City Ditch expenditures in excess of $200,000.00; ii. McBroom Ditch expenditures in excess of $12,000.00; and iii. Big Dry Creek parshall flume replacement expenditures in excess of $7,500.00. B. Englewood has expended over $225,000.00 in connection with improvements to McLennan Reservoir and associated facilities, which is an exchange- to point for the Subject Exchanges. C. Englewood has expended in excess of $25,000.00 for work on and improvements to Deep Wells AM-1 and LF M-2, which are sources of substitute supply for the Subject Exchanges. D. Englewood has expended in excess of $20,000.00 on improvements to its Union Avenue Intake and Pump Station, which is an exchange-to location for the Subject Exchanges. E. Englewood is implementing an ultraviolet disinfection system at the Allen Filter Plant with costs expended during the diligence period in excess of $3,600,000.00. F. Throughout the diligence period, Englewood has engaged water resource engineers to protect and enhance Englewood’s water rights and has participated in numerous Water Court cases to protect the quality and quantity of the water rights decreed in Case No. 90CW223, and its other water rights, from encroachment by other parties. Englewood has filed diligence applications on other conditional decrees which are part of its integrated system. This application consists of 20 pages.

15CW3074, BIG ELK MEADOWS ASSOCIATION, P.O. Box 440, Lyons, Colorado 80540, Telephone: 303.823.6369, Attorneys: John M. Dingess and Peter C. Johnson, Hamre, Rodriguez, Ostrander & Dingess, P.C., 3600 South Yosemite Street, Suite 500, Denver, Colorado 80237, Telephone: 303.779.0200, APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN BOULDER AND LARIMER COUNTIES. 2. Exchange Structures: 2.1 Exchange- From Structures: 2.1.1. Headgate of the Boulder and Larimer County Ditch, which is decreed as the downstream terminus of exchanges for BEM's share of the direct-flow rights of the Boulder and Larimer County Irrigation and Manufacturing Company (B&L Company), in paragraph 16.F. of the decree in Case No. 95CW238, February 25, 1997, and which headgate is located at a point on the south bank of the Little Thompson River at a point whence the Northwest corner of Section 1, Township 3 North, Range 70 West, 6th P.M., bears North 56°East, 360 feet; North 72°East, 900 feet; North 73°East, 1100 feet. 2.1.2. The point of release to the Little Thompson River of water stored in Ish Reservoir, which is decreed as the downstream terminus for exchanges of BEM's share of the storage water rights of the B&L Company in paragraph 15.A. of the decree in Case No. 95CW238, February 25, 1997, and which is the point of discharge of the River Glen Homeowners' Association Pipeline on the south bank of the Little Thompson River in the SE1/4 of the SE1/4 of Section 27, Township 4 North, Range 69 West of the 6th P.M.

(approximately 40° 16' 41.86" N and 105° 05' 41.34" W). 2.2. Exchange-To Structures: 2.2.1. The following exchange-to points, where out-of-priority depletions may occur and need to be replaced under BEM's plan for augmentation, were decreed water rights for storage purposes in the following Water Division No. 1 cases1: [1 The lakes described in paragraph 2.2.1 are in the process of being reconstructed after being destroyed in the flood of September 2013. The dams for all lakes will be reconstructed at the originally decreed locations; however, the shoreline of such lakes may differ slightly from the descriptions herein. All lakes will be reconstructed to the same storage capacity as originally decreed.] 2.2.1.1. Rainbow Lake: Decreed in Case No. W-1771, June 16, 1977. Rainbow Lake is located at a point whence the South 1/4 corner of Section 35, T. 4 N., R. 72 W of the 6th P.M. bears S 67°25' E a distance of 2646 feet, thence S 52°22' W a distance of 176 feet, thence S 46°03' W a distance of 262 feet, thence S 41°27' W a distance of 135 feet, thence S 19°07' W a distance of 144 feet, thence S 7°13' W a distance of 84 feet, thence S 15°17' W a distance of 233 feet, thence S 14°26' W a distance of 222 feet, thence S 8°53' W a distance of 57 feet, thence S 84°32'E a distance of 146 feet, thence N 27°18' E a distance of 137 feet, thence N 34°43' E a distance of 152 feet, thence N 17°33' E a distance of 177 feet, thence N 21°27' W a distance of 128 feet, thence N 6°14' E a distance of 132 feet, thence N 67°17' E a distance of 164 feet, thence N 50°28' E a distance of 400 feet to the point of beginning. 2.2.1.2. Mirror Lake: Decreed in Case No. W-1772, June 16, 1977. Mirror Lake is located at a point whence the South 1/4 corner of Sec. 35, T. 4 N., R. 72 W of the 6th P.M. bears S 28°27' E a distance of 1891 feet; thence N 88°52' W a distance of 330 feet, thence S 63°43' W a distance of 83 feet, thence S 53°59' W a distance of 106 feet, thence S 64°04' W a distance of 65 feet, thence S 72°04' W a distance of 118 feet, thence S 84°39' W a distance of 126 feet, thence N 70°04' W a distance of 104 feet, thence S 52°45' W a distance of 168 feet, thence S 77°31' E a distance of 258 feet, thence N 80°59' E a distance of 139 feet, thence N 73°04' E a distance of 150 feet, thence N 86°14' E a distance of 125 feet, thence N 77°32' E a distance of 85 feet, thence S 84°16' E a distance of 244 feet to the point of beginning. 2.2.1.3. Sunset Lake: Decreed in Case No. W- 1766, June 16, 1977. Sunset Lake is located at a point whence the SW corner of Sec. 35, T. 4 N., R. 72 W. of the 6th P.M. bears N 58°01' E a distance of 697 feet, thence N 53°23'30" W a distance of 172 feet, thence S 59°32' W a distance of 26 feet, thence N 77°07' W a distance of 20 feet, thence N 10°02' W a distance of 56 feet, thence N 60°26' W a distance of 27 feet, thence S 42°55'30" W a distance of 114 feet, thence S 66°26'30" W a distance of 105 feet, thence S 28°24'30" W a distance of 61 feet, thence S 76°12'30" W a distance of 101 feet, thence S 23°55'30" W a distance of 135 feet, thence S 20°19'30" E a distance of 77 feet, thence S 65°08' E a distance of 47 feet, thence S 36°59'30" W a distance of 48 feet, thence S 16°28' W a distance of 55 feet, thence S 78°51' E a distance of 26 feet, thence N 20°50' E a distance of 125 feet, thence N 05°07' W a distance of 77 feet, thence S 39°31' E a distance of 66 feet, thence N 50°50' E a distance of 116 feet, thence 80°23' E a distance of 116 feet, thence N 70°18' E a distance of 46 feet, thence N 43°21' E a distance of 88 feet, thence S 55°47' E a distance of 82 feet, thence N 48°57' E a distance of 64 feet, thence N 02°00' W a distance of 56 feet to the point of beginning. 2.2.1.4. Meadow Lake: Decreed in Case No. W-1768, June 16, 1977. Meadow Lake is located at a point whence the SW corner of Sec. 35, T. 4 N., R. 72 W. of the 6th P.M. bears S 69°02' W a distance of 3140 feet, thence N 11°01' E a distance of 211 feet, thence S 82°31' W a distance of 109 feet, thence N 34°50' W a distance of 79 feet, thence N 67°46' W a distance of 717 feet, thence S 16°42' W a distance of 88 feet, thence S 88°18' W a distance of 170 feet, thence N 64°45' W a distance of 196 feet, thence S 31°55' W a distance of 40 feet, thence S 12°17' E 60 feet, thence S 52°25' E a distance of 90 feet, thence S 35°48' E a distance of 50 feet, thence S 56°47' E a distance of 150 feet, thence S 72°22' E a distance of 97 feet, thence S 39°28' E a distance of 90 feet, thence S 70°32' E a distance of 54 feet, thence S 42°35' E a distance of 47 feet, thence S 69°33' E a distance of 224 feet, thence S 81°52' E a distance of 68 feet, thence S 58°49' E a distance of 82 feet, thence N 78°50' E a distance of 110 feet, thence S 62°58' E a distance of 69 feet, thence S 32°55' E a distance of 41 feet, thence S 76°25' E a distance of 51 feet, thence N 51°50' E a distance of 139 feet to the point of beginning. 2.2.1.5. Willow Lake: Decreed in Case No. W-1770, June 16, 1977. Willow Lake is located at a point whence the SW comer of Sec. 35, T. 4 N., R. 72 W of the 6th P.M. bears S 24°54' W a distance of 1605 feet, thence N 18°24' W a distance of 265 feet, thence S 65°16' W a distance of 155 feet, thence S 39°59' W a distance of 319 feet, thence S 32°59' W a

distance of 416 feet, thence S 46° 17' E a distance of 167 feet, thence N 48°11' E a distance of 104 feet, thence N 71°37' E a distance of 141 feet, thence N 44°42' E a distance of 130 feet, thence N 29°11' E a distance of 146 feet, thence N 16°01' E a distance of 81 feet, thence N 45°09' E a distance of 102 feet, thence N 60°24' E a distance of 77 feet to the point of beginning. 2.2.1.6. Canyon Lake: Decreed CONDITIONAL in Case No. W-1769, June 16, 1977. Canyon Lake is decreed to be located as follows: That portion of Section 35, Township 4 North, Range 72 West and that portion of Section 36, Township 4 North, Range 72 West of the 6th P.M., Larimer County, Colorado, more particularly described as follows: Considering the East line of the SE1/4 of Section 35, Township 4 North, Range 72 West of the 6th P.M. as bearing North 03°05'35'' East and with all bearings contained herein relative thereto: Beginning at the SE corner of said Section 35; thence North 04°35'09'' East 2425.40 feet to the TRUE POINT OF BEGINNING, said point being the approximate center point of the proposed dam; thence along the approximate high-water water line of the proposed reservoir the following courses and distances: North 56°08'18" East 74.77 feet; North 21°47'14'' West 64.74 feet; North 83°28'32'' West 86.91 feet to a point which bears South 05°14'40'' East 61.68 feet from the East Quarter corner of said Section 35; thence continuing along said approximate high water line North 49°51'58'' West 144.38 feet; North 06°38'51" East 96.93 feet; North 13°26'04" West 175.35 feet; North 31°37'02'' West 133.91 feet; North 08°53'08" West 54.40 feet; South 15°58'06" West 48.82 feet; South 00°24'02'' East 78.12 feet; South 15°44'09'' West 65.61 feet; North 81°59'24'' West 30.59 feet; North 29°52'36" West 115.18 feet; North 57°11'32" West 157.69 feet; North 80°13'50'' West 95.17 feet; South 71°13'42'' West 91.03 feet; South 45°20'18'' West 586.35 feet; South 30°54'47'' West 150.80 feet; South 21°57'12'' West 303.16 feet; South 35°19'02'' West 224.68 feet; South 62°47'32'' West 298.27 feet; South 28°42'48'' West 101.37 feet; South 12°58'54'' West 81.90 feet; South 22°13'10'' West 81.70 feet; South 10°19'40'' West 222.54 feet; South 39°20'37'' West 147.28 feet; South 33°49'20" East 48.78 feet; South 21°48'14" West 85.58 feet; South 80°54'27" West 180.51 feet; North 65°21'43' West 67.10 feet; South 54°52'55'' East 87.74 feet; South 89°20'21'' East 163.34 feet; North 56°34'51'' East 69.66 feet; North 37°14'12'' East 214.38 feet; North 06°39'18'' East 48.00 feet; North 28°43'35" East 436.22 feet; North 47°33'15" East 179.65 feet; North 76°45'37'' East 69.78 feet; North 59°08'31" East 99.22 feet; North 31°29'21" East 45.81 feet; North 44°37'04'' East 152.80 feet; North 20°27'56'' East 123.37 feet; North 28°58'41'' East 100.27 feet; North 27°48'13'' East 206.17 feet; North 55°08'23 East 294.38 feet; South 62°21'48'' East 129.89 feet; South 29°12'53'' East 73.27 feet; South 25°54'13'' East 130.96 feet; South 33°33'09'' East 71.63 feet; South 59°58'50'' East 147.23 feet; South 75°54'06'' East 91.32 feet; North 71°26'21'' East 109.88 feet; North 47°12'43'' East 83.58 feet; North 56°08'18'' East 74.77 feet to the TRUE POINT OF BEGINNING. 2.2.2. The following exchange-to points, where out-of-priority depletions may occur and need to be replaced under BEM's plan for augmentation, were decreed for diversion purposes in the following Water Division No. 1 cases: 2.2.2.1. Pasture Spring: Decreed ABSOLUTE in Case No. 95CW238, February 25, 1997, for stock watering purposes (paragraphs 5-10, 12, 14.C. and 21), which is located at a point in the SW1/4 SE1/4, Section 35, Township 4 North, Range 72 West, 6th P.M., Larimer County, Colorado, at a point 1880 feet from the east section line and 100 feet from the south section line of said Section 35. 2.2.2.2. Big Elk Meadows Pipeline: Decreed CONDITIONAL in Case No. W-1767, June 16, 1977. The Big Elk Meadows Pipeline water right is decreed to be located as follows: A point whence the SW corner of Section 35, Township 4 North, Range 72 West of the 6th P.M. bears North 64° East, 1,650 feet. In Case No. 02CW251, Water Division No. 1 (pending) Applicant has applied to transfer the point of diversion of the Big Elk Meadows Pipeline water right to an alternate point of diversion at the Intake Facility, as constructed, located in the SW1/4 of Section 35, Township 4 North, Range 72 West of the 6th P.M in Larimer County, Colorado: Beginning at the SW Corner of said Section 35, heading in a true North Direction 1,921 feet, thence East 1,508 feet, is the North end of said 4 inch diameter pipeline that extends 90 feet South. 2.2.2.3. Well No. 1: Decreed in Case No. W-6464, August 31, 1977. Well No. 1 is located at a point whence the SW corner of Sec. 35, T. 4 N., R. 72 W., 6th P.M. bears S. 25°13' West, 3794 feet. 2.2.2.4. Well No. 2: Decreed in Case No. W-6464, August 31, 1977. Well No. 2 is located at a point whence the SW corner of Sec. 35, T. 4 N., R. 72 W., 6th P.M. bears S. 31°28' W., 2593 feet. 2.2.2.5. Well No. 3: Decreed in Case No. W-6464, August 31, 1977. Well No. 3 is located at a point whence the SW

corner of Sec. 35, T. 4 N., R. 72 W., 6th P.M. bears S. 03°36' W., 1278 feet. 2.2.2.6. Well No. 4: Decreed in Case No. W-6463, August 31, 1977. Well No. 4 is located at a point whence the SW corner of Sec. 35, T. 4 N., R. 72 W., 6th P.M. bears N. 63°47' E., 589 feet. 2.2.2.7. Well No. 5: Decreed in Case No. W- 6464, August 31, 1977. Well No. 5 is located at a point whence the SW corner of Sec. 35, T. 4 N., R. 72 W., 6th P.M. bears S. 46°15' W., 3096 feet. 2.2.2.8. Well No. 6: Decreed in Case No. W-6464, August 31, 1977. Well No. 6 is located at a point whence the SW corner of Sec. 35, T. 4 N., R. 72 W., 6th P.M. bears S. 08° 15' W., 5000 feet. 2.2.2.9. Well No. 8: Decreed in Case No. W-6464, August 31, 1977. Well No. 8 is located at a point whence the SW corner of Sec. 35, T. 4 N., R. 72 W., 6th P.M. bears S. 32°00' W., 2750 feet. 3. Description of Conditional Water Right: 3.1. Previous Decrees: The Decree in Case No. 95CW238, Water Division 1, granted Applicant a conditional appropriative right of exchange of direct flow and storage rights utilizing water represented by the Applicant’s 12 shares of Boulder and Larimer County Irrigation and Manufacturing Ditch Company water rights. The Decree in Case No. 03CW60, Water Division 1, found that Applicant had been reasonably diligent in its efforts to complete the appropriation of the subject conditional water right, and continued the subject conditional water right in full force and effect. The Decree in Case No. 03CW60 required an application for reasonable diligence as to the subject conditional water right to be filed on or before June 30, 2015. 3.2. Description of Exchange: The Big Elk Meadows appropriative right of exchange is described as follows: The downstream terminus of the exchange is the headgate of the Boulder and Larimer County Ditch, more fully described herein. Per the decree in Case no. 95CW238, water may be exchanged from any point upstream of the Rockwell Ditch upstream on the Little Thompson River to the confluence with the West Fork of the Little Thompson River and to the uppermost point of stream depletion on the West Fork of the Little Thompson River caused by each well, pipeline and lake within the Big Elk Meadows water system, as described more particularly herein. 3.3. Source: Little Thompson River. 3.4. Appropriation Date: September 5, 1995. 3.5. Amount: The maximum rate of exchange of the direct flow rights for the Boulder and Larimer County Irrigation and Manufacturing Ditch Company water rights, priorities 27 and 36, is 0.72 cfs CONDITIONAL, with a maximum annual diversion of 3.6 acre feet. The maximum rate of exchange of the storage rights for the Boulder and Larimer County Irrigation and Manufacturing Ditch Company water rights, priorities 4, 5, 8 and 15, is 85 cfs CONDITIONAL, limited to annual filling of 42.07 acre feet. The ten year running average of combined storage and direct flow water available for augmentation and replacement shall not exceed 31.40 acre feet. 3.6. Use: Domestic, fire flow, irrigation, recreational, piscatorial, stock watering, and augmentation. 4. Integrated Water Supply System: The subject conditional water right constitutes a feature of an integrated water system. “When a project or integrated system is comprised of several features, work on one feature of the project or system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system.” C.R.S. § 37-92-301(4)(b). 5. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the previous diligence period: The subject conditional water right is part of Applicant’s integrated water supply system. This system currently serves, or will serve, approximately 166 homes, and consists of decreed wells, a surface spring, five reservoirs, plus Canyon Lake, and the Big Elk Meadows Pipeline water right. During the subject diligence period, Applicant has completed work necessary to put the subject conditional water right to beneficial use, including the following: 5.1. In November 2012, Applicant completed construction on an upgrade to the Meadow Lake Dam head works and monitoring equipment at a cost of approximately $277,000. The existing 6" pipe was removed and replaced with a 12" pipe and gate to facilitate more rapid releases. The creek and structure at the base of the dam was rerouted and reinforced to handle increased flow and to protect the base of the dam. New digital recording devices were installed above and below the series of reservoirs, and a larger meter was installed at the point of release below Meadow Dam to more accurately measure inflows, outflows and releases. 5.2. The Applicant expended approximately $18,700 on legal, fees related to development and maintenance of all components of its integrated water storage and delivery system, including expenditures more specifically described herein. Applicant also expended approximately $3,600 on legal fees specifically related to the structures

described herein and associated legal actions. 5.3. Applicant spent approximately $96,400 to improve and upgrade its water rights accounting, including the development of new management practices to utilize the upgraded accounting for the subject rights of exchange, and the continued support of technical consultants to develop and implement such practices. 5.4. Applicant constructed a release structure that allows it to release water from Ish Reservoir to the Little Thompson River, as further described herein, so that Applicant may operate the subject right of exchange. This effort included the negotiation of a contract with the River Glen Homeowners Association, technical engineering work, legal fees, and construction costs. Applicant spent approximately $16,900 on this effort. In September of 2013, an unprecedented massive flood destroyed Applicant’s integrated water supply system. Since the flood, Applicant has expended approximately $1,735,000 to rebuild, repair, and improve its integrated water supply system. This work has included applications for financing for rebuilding and improving the integrated water supply system, hydrological and feasibility studies for Applicant’s reservoirs, construction of several dams, and improvement of measuring structures. 6. Claim to make exchange of direct-flow rights absolute: 6.1. Source: The direct-flow water rights represented by Applicant’s 12 shares (1.2 percent) of the Boulder and Larimer County Irrigation and Manufacturing Company water rights. 6.2. Exchange Reach: From the headgate of the Boulder and Larimer County Ditch on the Little Thompson River (DWR Water District 4, Structure ID No. 588) then upstream on said River to the confluence of the West Fork of the Little Thompson River and upstream on the West Fork to the structures described in paragraph 2.2.2 herein. 6.3. Dates of Application to Beneficial Use: June 8-15, 2011 and July 14-22, 2011. 6.4. Amount: 0.15 c.f.s., ABSOLUTE. 6.5. Uses: As described in paragraph 3.6 above. 7. Claim to make exchange of storage rights absolute: 7.1. Source: The storage water rights represented by Applicant’s 12 shares (1.2 percent) of the Boulder and Larimer County Irrigation and Manufacturing Ditch Company water rights. 7.2. Exchange Reach: From the point of discharge of Big Elk Meadows’ release pipe from Ish Reservoir to the Little Thompson River at a point on the south bank of the Little Thompson River in the SE1/4 of the SE1/4 of Section 27, Township 4 North, Range 69 West of the 6th P.M. (approximately 40° 16' 41.86" N and 105° 05' 41.34" W) then upstream on said River to the confluence of the West Fork of the Little Thompson River and upstream on the West Fork to the completed structures described in paragraph 2.2.2 herein. 7.3. Dates of Application to Beneficial Use: June 21-25, 2013 and August 2-4, 2013. 7.4. Amount: 0.80 c.f.s., ABSOLUTE. 7.5. Uses: As described in paragraph 3.6 above. 8. Name and address of owner or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: 8.1. Boulder and Larimer County Ditch headgate: Boulder and Larimer County Irrigating and Manufacturing Ditch Company, PO Box 1079, Berthoud, Colorado 80513. 8.2. Canyon Lake is decreed to be located on land partially owned in common by the Applicant, a Homeowners Association, and partially owned by the following: United States Department of Agriculture, Arapahoe and Roosevelt National Forest, Canyon Lakes Ranger District, 1311 South College Avenue, Fort Collins, Colorado 80524; State Board of Land Commissioners, 1127 Sherman Street, #300, Denver, Colorado 80203, 8.3. River Glen Release Structure: River Glen Home Owner's Association, c/o Tye Riley (HOA President), 1816 Riverglen Dr., Berthoud, CO 80513. 8.4. All other structures identified in paragraph 2, herein, are located on land commonly owned by Applicant, a Home Owner’s Association. WHEREFORE, the Applicants respectfully request that this Court enter a decree: (1) finding that the Applicants have exercised reasonable diligence in the development of the subject conditional water right; (2) confirming that the subject conditional water right is part of an integrated water system and that due diligence as to any one component constitutes due diligence on all parts of such system; (3) awarding the above-described absolute water right for the portion of the appropriative right of exchange described above; (4) continuing the remaining conditional portion of the subject conditional water right in full force as decreed, and for such other and further relief as this Court deems just and proper.

15CW3075 (03CW145, 95CW235, 88CW38, 84CW69, W-1515-79, W-1515) GENESEE WATER & SANITATION DISTRICT Genesee Water & Sanitation District (“Genesee”) c/o S. Scott Jones, District

Manager, 2310 Bitterroot Lane, Golden, CO 80401 (c/o Richard J. Mehren and Brian T. Selogie, Moses, Wittemyer, Harrison and Woodruff, P.C., P. O. Box 1440, Boulder, CO 80306). APPLICATION FOR FINDING OF REASONABLE DILIGENCE in JEFFERSON COUNTY 2. Names of structures: Cold Spring Gulch Reservoir and Cold Spring Gulch Reservoir Pipeline. 3. Describe conditional water rights (as to each structure) giving the following from the Referee’s Ruling and Judgment and Decree: 3.1 Original Decree: September 11, 1975, in Case No. W-1515, District Court, Water Division No. 1. 3.2 Previous Diligence Decrees: Decrees entered on April 2, 1980 in Case No. W-1515-79, District Court, Water Division No. 1; on April 29, 1987 in Case No. 84CW69, District Court, Water Division No. 1; on November 16, 1989 in Case No. 88CW38, District Court, Water Division No. 1; on October 29, 1996 in Case No. 95CW235, District Court, Water Division No. 1; and on June 30, 2009 in Case No. 2003CW145, District Court, Water Division No. 1 continued the subject conditional water right in full force and effect. 3.3 Related Decree: The decree entered on October 22, 2012 in Case No. 2009CW270, District Court, Water Division No. 1 approved the Genesee Augmentation Reservoir Nos. 1 and 2 as alternate places of storage for the subject conditional water right. 3.4 Decreed Location of Reservoir and Intake Structure: The Cold Spring Gulch Reservoir site is located in Section 25, Township 4 South, Range 71 West, of the 6th P.M., in Jefferson County, Colorado. The intake point of the Cold Spring Gulch Reservoir Pipeline will be located on the left bank of Bear Creek at a point whence the NW corner of Section 31, Township 4 South, Range 70 West, of the 6th P.M., bears North 15° 15ʹ West, 350 feet, in Jefferson County, Colorado and will divert water from Bear Creek at a rate of up to 8.75 cfs. The decreed locations of the Cold Springs Gulch Reservoir site and the Cold Springs Gulch Reservoir Pipeline is shown on the map attached hereto as Exhibit A. 3.5 Source of Water: Cold Spring Gulch and Bear Creek. 3.6 Date of Appropriation: October 2, 1971. 3.7 Amount of Water: 225 acre-feet, CONDITIONAL. 3.8 Use of Water: Recreation, irrigation, domestic, municipal, and other beneficial uses. 4. Outline of work and expenditures during the diligence period towards completion of appropriation and application of water to beneficial use: The conditional water right for Cold Spring Gulch Reservoir described in Paragraph 3 above is referred to herein as the “Subject Conditional Water Right.” The Subject Conditional Water Right is part of Genesee’s extensive integrated project to supply water service to the inhabitants of a large residential and business development in Jefferson County, Colorado. As an integrated system, diligence on one part of the system constitutes diligence on the entire system and each of its components. The diligence period for the Subject Conditional Water Right is June 2009 through June 2015 (“Diligence Period”). During the Diligence Period, Genesee has worked diligently to develop the Subject Conditional Water Right, complete the appropriation, and place the water to beneficial use, as demonstrated by the following activities and expenditures: 4.1 Since the date of filing its last diligence application regarding the Subject Conditional Water Right, Genesee has continued to investigate its options for development of its previously decreed conditional storage water rights. To this end, Genesee has continued its efforts to maximize use of its existing water rights and has explored options for construction or acquisition of alternate storage space for its conditional storage water rights. In addition Genesee has continued to evaluate its need and the feasibility of developing its conditional storage water rights and, as part of that evaluation, Genesee obtained an order from the Water Court during the Diligence Period cancelling the conditional storage water right decreed to the Witter Gulch Reservoir in Case No. W-1516, District Court, Water Division No. 1 entered September 11, 1975 and sold the conditional storage water right decreed to Bald Mountain Reservoir in Case No. W-1557, District Court, Water Division No. 1 entered September 11, 1975. 4.2 Genesee has undertaken a variety of projects for capital improvements to its water system during the Diligence Period, including but not limited to the relocation and replacement of five buried pressure reducing stations, significant modifications to Genesee’s existing Water Treatment Facility, construction of a new Administration and Shop Complex, and an ongoing Customer Water Meter Replacement Program. Genesee’s expenses related to capital improvements during the Diligence Period, including expenses for related engineering, amount to $2,257,000.00. 4.3 During the Diligence Period, Genesee has undertaken water system maintenance activities including but not limited to maintenance of the Genesee Augmentation Reservoir Nos. 1 and 2, maintenance of Genesee’s augmentation wells, maintenance of Genesee’s diversion,

pumping, and regulating facilities, maintenance of Genesee’s transmission and distribution piping network, and maintenance of Genesee’s fire hydrants and associated metering. As a result of the foregoing maintenance operations during the Diligence Period, Genesee has incurred expenses amounting to $372,610.00. 4.4 In order to maintain operational flexibility, in 2009, Genesee filed for a change of water right in Case No. 09CW270, District Court, Water Division No. 1 to decree Genesee’s Augmentation Reservoirs Nos. 1 and 2 as alternate places of storage for the Subject Conditional Water Right. The decree entered on October 22, 2012 in Case No. 09CW270 granted the requested alternate places of storage. Genesee expended approximately $19,782.00 in legal fees related to this change of water right during the Diligence Period. 4.5 Genesee expended approximately $30,122.00 in engineering fees and approximately $108,095 in total legal fees related to its water right matters including, without limitation, the protection of its water rights during the Diligence Period. 4.6 Moving forward, from 2015 through 2017, Genesee will expend approximately $10,300,000 on capital improvements related to a new Advanced Water Treatment Facility, pumping station upgrades, continued replacement of pressure reducing stations, and the Customer Water Meter Replacement Program. Funding for the above- mentioned activities was voter authorized on November 4, 2014 and Genesee has entered into a loan agreement with the Colorado Water Resources and Power Development Authority for financing the voter authorized funding. 5. Remarks: Genesee does not seek to make any part of the Subject Conditional Water Right absolute at this time. 6. Names and addresses of owners or reputed owners of the land on which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Genesee Water & Sanitation District, 2310 Bitterroot Lane, Golden, CO 80401; Thomas Massopust, P. O. Box 567, Evergreen, CO 80439; Margo Constable, Donald McKenna, P. O. Box 7, Idledale, CO 80453; Dale M. Lutz Trust, P. Michele Lutz Trust, 2604 Cold Springs Gulch Road, Idledale, CO 80453; James W. Williams, Jr., 2195 Pine Drop Lane, Golden, CO 80401; Donald and Alison McNabb, P. O. Box 280627, Lakewood, CO 80228-0627; Mark Stromberg, 2231 Rockcress Way, Golden, CO 80401; Genesee Foundation, 24425 Currant Drive, Golden, CO 80401; City and County of Denver, c/o Denver Assessors Office, 1445 Cleveland Place, Denver Annex 1, CO 80202; Quentin and Winifred Felch, P. O. Box 158, Idledale, CO 80453-0158; Payne Gulch LLC, 950 South Cherry Street, Suite 1000, Denver, CO 80246; Brian and Debra Leitch, 2520 Juniper Court, Golden, CO 80401; Marilyn and Larry Dale, 2521 Juniper Court, Golden, CO 80401-8003; Clifford J. Enten, 2501 Juniper Court, Golden, CO 80401; Gary and Teresa Stewart, 2511 Juniper Court, Golden, CO 80401; Kathleen and James, Jr. Bresee, 25576 Elk Range Road, Evergreen, CO 80439; Dennis J. Steh, Patricia A. Olive, 26025 Elk Range Road, Evergreen, CO 80439; Henry S. and Jannine S. Givray, 1735 North Honore Street, Chicago, IL 60622; William and Elizabeth Bent, 2889 Highlands View Road, Evergreen, CO 80439; Winfall Privacy Trust, 2888 Highlands View Road, Evergreen, CO 80439; Jefferson County, 100 Jefferson County Parkway, Golden, CO 80419; Castle Springs Manor, LLC, P. O. Box 26, Idledale, CO 80453; Deborah A. Matthews, P. O. Box 26, Idledale, CO 80453. WHEREFORE, Genesee requests that the Court enter a decree finding that Genesee has exercised reasonable diligence toward the completion of the Subject Conditional Water Right, and continuing the Subject Conditional Water Right in full force and effect for an additional diligence period.

15CW3076 Dale Weiderspon, 28194 Rd. W5 Snyder, CO 80705, (970) 768-1861. Please send correspondence and pleadings to: David P. Jones, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534, [email protected]. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHT ABSOLUTE IN PART in MORGAN COUNTY. 2. Conditional Water Right Information from Original Decree, Case No. 03CW133. 2.1. Name of Structure: Schultz Seep Ditch 2.1.1. Legal Description of Point of Diversion: In the NW1/4 SE1/4, Section 2, Township 4 North, Range 56 West of the 6th P.M., Morgan County, Colorado, at a point 2,634 feet from the South line and 2,245 feet from East line of Section 2. 2.1.2. Source: Natural run- off, seepage and waste water arising in Sections 27, 28, 34, and 35, Township 5 North, Range 56 West of the 6th P.M., Morgan County, Colorado. 2.1.3. Date of Appropriation: April 1987 2.1.4. How

Appropriation was Initiated: Irrigation of acreage 2.1.5. Amount: 1.0 c.f.s., absolute for irrigation uses, and conditional for the remaining uses of livestock, recreation, and wildlife 2.1.6. Use: Livestock, recreation, wildlife uses and irrigation of 101 acres in the W1/2 SE1/4 Section 2 and the NE1/4 Section 11, both in Township 4 North, Range 56 West of the 6th P.M., Morgan County, Colorado. 2.2. Name of Structure: Schultz Reservoir 2.2.1. Legal Description: In the NW1/4 SE1/4, Section 2, Township 4 North, Range 56 West of the 6th P.M., Morgan County, Colorado, at a point 1,948 feet from the South line and 1,381 feet from the East line of Section 2. 2.2.2. Source: Natural run-off, seepage and waste water arising in Sections 27, 28, 34, and 35, Township 5 North, Range 56 West of the 6th P.M., Morgan County, Colorado. 2.2.3. Date of Appropriation: February 17, 2003 2.2.4. How Appropriation was Initiated: Formation of the intent to appropriate water to beneficial use. 2.2.5. Amount: 120 acre feet, conditional 2.2.6. Use: Livestock, recreation, wildlife uses and irrigation of 101 acres in the W1/2 SE1/4 Section 2 and NE1/4 Section 11, both in Township 4 North, Range 56 West of the 6th P.M., Morgan County, Colorado. 2.2.6.1. Irrigation Use: of the 101 acres to be irrigated, approximately 21 acres lie in the NE1/4 of Section 11, North of the Tremont Ditch. The remaining 80 acres lie in the W1/2 of the SE1/4 of Section 2. 3. Outline of What Has Been Done Toward Completion of the Appropriation: Applicant herein purchased the associated farm and water rights from the Applicant in Case No. 03CW133 in 2013. During the diligence period, Applicant or Applicant’s predecessor, cleaned and repaired the Schultz Seep Ditch, repaired and reinforced the dam for the Schultz Reservoir and cleaned out the Schultz Reservoir. A total of at least $ 9075.00 was expended on these activities to maintain and develop the water rights. Applicant has diverted the Schultz Seep Ditch at a rate of 1 c.f.s. and diverted 120 acre feet into the Schultz Reservoir which has been used for recreation, livestock watering (up to 140 head) and wildlife purposes. 4. Claim for Finding of Reasonable Diligence and to Make Water Right Absolute in Part: Pursuant to C.R.S. §§37-92-301 and 302, Applicant requests: 1) that the Schultz Seep Ditch be made absolute in the amount of 1 c.f.s. for livestock watering, wildlife and recreational uses; 2) that the Schultz Reservoir be made absolute in the amount of 120 acre feet for livestock watering, wildlife and recreational uses; and 3) a finding by the Court that Applicant has been reasonably diligent in the development of the conditional aspects of the subject water rights and that the Schultz Reservoir be maintained as conditional for irrigation use in the amount of 120 acre feet.

15CW3077 Groundwater Management Subdistrict of the Central Colorado Water Conservancy District, 3209 West 28th Street, Greeley, Colorado 80631. Please send correspondence and pleadings to: David P. Jones, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534, [email protected]. APPLICATION FOR FINDING OF REASONABLE DILIGENCE in WELD COUNTY. 2. Conditional Water Right. 2.1. Name of Structure. 83rd Avenue Reservoir (Reservoir). 2.2. Decrees. Case No. 94CW96, 01CW018, and 07CW286 Water Division 1. 2.3. Legal Description of Reservoir. In the Northeast Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter of Section 31, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado lying south of the Cache La Poudre River. 2.4. Legal Description of Diversion Points. 2.4.1. The William R. Jones Ditch the headgate of which is on the South side of the Cache La Poudre River in the Northeast Quarter of the Northwest Quarter of the Southwest Quarter, Section 36, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado. 2.4.2. From a pump adjacent to the Cache La Poudre River In the Northeast Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter of Section 31, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado lying south of the Cache La Poudre River. 2.5. Source of Water. Cache La Poudre River and its tributaries. 2.6. Appropriation. May 17, 1994. 2.7. Amount. 300 acre feet, conditional; Jones Ditch diversion, 30 c.f.s., conditional; pump diversion, 10 c.f.s., conditional. 2.8. Use. Industrial and mining uses in conjunction with gravel mining operations, dust suppression, reclamation, sand and gravel washing, augmentation, replacement, exchange, irrigation, domestic, recreation, commercial, fire protection and fish and wildlife purposes. 2.9. Remarks. In Case No. 07CW286 decreed June 8, 2009, 164.2 acre feet and 15.19 c.f.s. was made absolute for augmentation, replacement, exchange, recreation, and fish and wildlife purposes. The industrial and mining uses in conjunction with gravel mining

operations, dust suppression, reclamation, sand and gravel washing, commercial, domestic and fire protection were abandoned. The remaining uses and amounts were maintained as conditional. 3. Description of Project. 83rd Avenue Reservoir is a gravel pit which has been excavated and made into a storage reservoir by the construction of a slurry wall around the perimeter of the pit. Water is delivered into the reservoir by means of the W. R. Jones Ditch. The proposed pump described in ¶2.4.2 has not yet been constructed. Water is delivered from the Reservoir by pump into the Cache La Poudre River. The 83rd Avenue Reservoir is part of Applicants’ integrated system. 4. Outline of What Has Been Done Toward Completion. During the diligence period, Applicant has stored water and released water from the reservoir for augmentation and replacement uses in connection with its plan for augmentation decreed in Case No. 02CW335 for replacing well depletions and return flows from other sources of replacement water. In-place uses for recreation, and fish and wildlife purposes has also occurred. Applicant adjudicated appropriative rights of exchange for which the subject water rights are a source of substitute supply in Case No. 05CW331 decreed on October 7, 2011. In Case No. 10CW139 decreed on October 4, 2013, Applicant adjudicated alternate points of diversion and alternate places of storage for the subject water rights as well as additional appropriative rights of exchange for use of the subject water rights. Applicant has adjudicated changes of water rights for use in its above mentioned plan for augmentation in Case Nos.: 03CW348 decreed June 26, 2009; 05CW69 decreed July 23, 2009; 05CW53 decreed June 22, 2009; 04CW276 decreed November 20, 2009; 07CW06 decreed April 7, 2010; 05CW79 decreed September 23, 2009; 01CW255 decreed May 6, 2010; 05CW223 decreed January 24, 2011; 10CW173 decreed May 22, 2012; 11CW20 decreed October 18, 2013; 12CW163 decreed April 14, 2014; and 13CW3006 decreed June 10, 2015 in all of which the subject water rights are included as a source of replacement of return flows. Applicant has also made and/or paid for repairs to the W.R. Jones Ditch diversion structure described in ¶2.4.1 which has been damaged by flooding events in the last several years. Applicant has incurred legal and engineering fees, and other expenses, in connection with these activities, including $170,514 for the adjudication of Case No. 10CW139, $19,263 for work on the W.R. Jones Ditch and more than $80,000 in special assessments paid to the W.R. Jones Ditch Company. 5. Claim for Finding of Reasonable Diligence. Pursuant to C.R.S §37-92-301 and 302, Applicant seeks: 1) a finding by the Court that Applicant has been reasonably diligent in the development of the subject conditional water rights and that it maintains such intent; 2) that 135.8 acre feet be maintained as conditional for recreation, fish and wildlife purposes in the Reservoir and augmentation, replacement and exchange for storage and release from the Reservoir; and 3) that 14.81 c.f.s. be maintained as conditional for diversion from W. R. Jones Ditch and 10 c.f.s. conditional for diversion from the Pump station.

15CW3078 APPLICATION REJECTED

15CW3079 City of Aurora, Colorado, acting by and through its Utility Enterprise (“Aurora Water”), 15151 East Alameda Parkway, Suite 3600, Aurora, Colorado 80012-1555, Telephone: 303- 739-7370. Please send all pleadings and correspondence to Applicant’s counsel: Steven O. Sims and John A. Helfrich, Brownstein Hyatt Farber Schreck, LLP, 410 17th Street, Suite 2200, Denver, CO 80202, Telephone: (303) 223-1100; Fax: (303) 223-1111; Email: [email protected], [email protected]. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE CONDITIONAL WATER RIGHT ABSOLUTE in WELD AND ADAMS COUNTIES. (1) Name of the structure: Stillwater Ranch Reservoir. (2) Describe conditional water right: (a) Date of Original Decree: May 10, 2000, Case No.: 97CW392, Court: Water Court, Water Division No. 1. (b) Subsequent decrees awarding findings of diligence: Case No. 06CW130, decreed June 9, 2009. (c) Legal Description: (i) Stillwater Ranch Reservoir: In the E1/2 of Section 36, T1N, R67W of the 6th P.M., and the W1/2 of Section 31, T1N, R66W of the 6th P.M., Weld County, Colorado. The inlet is located on the Brighton Ditch in the SW1/4 of Section 36 at a point 2,620 feet north and 1,200 feet east of the SW corner of Section 36. There is no assigned street address at this location, but the street address would be approximately 500 Weld County Road 23 3/4, if there was a street address. See Figure 1. (ii) Legal Description of Diversion Points: (A) Brighton Ditch: The headgate is located on the west bank of the

South Platte River in the SE1/4SE1/4 of Section 11, T1S, R67W, 6th P.M., Adams County, Colorado. (B) Robert W. Walker Pump Station: The pump station is adjacent to the South Platte River, located on the west bank of the River in the SW1/4NW1/4 of Section 31, T1N, R66W, 6th P.M., Weld County, Colorado at a point approximately 2,400 feet south and 1,300 feet east of the NW corner of Section 31. (d) Source of Water: South Platte River. (e) Appropriation Date: September 12, 1997. (f) Amount: 1,600 acre feet, conditional; Brighton Ditch diversion, 100 c.f.s., conditional; Robert W. Walker pump station diversion, 50 c.f.s., conditional. (g) Use: Storage for industrial and mining uses in conjunction with gravel mining operations; dust suppression; reclamation; sand and gravel washing; augmentation; replacement; exchange; irrigation; domestic; recreation; fish and wildlife purposes on and in the reservoir; commercial and fire protection. (3) Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures. (a) Pursuant to C.R.S. § 37-92-301(4)(b), the measure of reasonable diligence is the steady application of effort to complete the appropriation in a reasonably expedient and efficient manner under all the facts circumstances. When a project or integrated system is comprised of several features, work on one feature of the project or system shall be considered finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system. Pursuant to paragraph 48 of the decree in Case No. 06CW104 and paragraph 14 of the decree in Case No. 06CW130, Aurora’s municipal water system and each of the water rights and structures that are part of Aurora’s Prairie Waters Project (“PWP”) that now and in the future will provide water for Aurora comprise an integrated system of water rights and structures under section 37-92-301(4)(b), C.R.S. Since June 2006, Aurora Water has diligently prosecuted the following additional features of the PWP and of Stillwater Ranch Reservoir: (i) Aurora Water spent approximately $700 million dollars completing the construction of ARR-A, the PWP well fields, the 34 mile pipeline from PWP to Aurora Reservoir, and the Peter Binney Water Treatment Facility. The initial capacity is 10,000 acre feet. (ii) Aurora Water began PWP deliveries in October 2010 and the system became fully operational in June 2012. (iii) Case No. 03CW414: conditional underground and surface storage rights for Aquifer Recharge and Recovery Site B (“ARR-B”), decreed August 1, 2007; findings of reasonable diligence decreed in Case No. 13CW3088, April 22, 2014. (iv) Case No. 03CW415: conditional storage rights for Aurora’s East Reservoir, decreed May 14, 2008; findings of reasonable diligence decreed in Case No. 14CW3065, March 2, 2015. (v) Case No. 02CW330: conditional storage rights for Aurora-Everist Reservoir No. 1, decreed June 7, 2012. (vi) Case No. 97CW272: conditional storage rights for the Robert W. Walker Reservoir, decreed May 10, 2000; findings of reasonable diligence decreed in Case No. 06CW129, June 9, 2009. (vii) Case No. 07CW37: change in the type and place of use of 9.023 shares of Brighton Ditch Co. from irrigation to municipal purposes by Aurora Water, decreed March 23, 2011. (viii) Case No. 13CW3080: conditional storage rights in Aurora-Everist Reservoir No. 2, decreed January 6, 2015. (ix) Case No. 13CW3042: addition of in-fill wells to the PWP Well Field and amendment of plan for augmentation decreed in Case No. 06CW104, decreed May 12, 2015. (x) In November 2014, Aurora Water spent $14,976 to purchase and install a transformer disconnect cabinet at the Walker pump station. (xi) In July 2013, Aurora Water initiated operations at Stillwater Ranch Reservoir by diverting approximately 846 AF of Aurora Water’s Brighton Ditch Company shares into the reservoir for storage at a fill rate of 18 c.f.s. via the Brighton Ditch/Walker Pump Station. (xii) Sand and gravel mining operations have been completed at Stillwater Ranch Reservoir. (4) Claim to make absolute. (a) Date water was applied to beneficial use: Between September 2013 and April 2014 Aurora Water stored precipitation in-priority in Stillwater Reservoir. (b) Amount: 335 acre feet pursuant to C.R.S. § 37-92-103(4)(a). (c) Use: for the uses decreed in 3(g) above. (d) Place of use: Pursuant to paragraph 14 of the decree in Case No. 06CW130, the location of use is any PWP construction area, any area Aurora is capable of serving by these diversion and storage points within the existing or future water service area of the City of Aurora located in Adams, Arapahoe and Douglas Counties or any extra-territorial area in which the City of Aurora contracts to provide augmentation water, treated or raw water service or any area in which Aurora has augmentation or delayed return flow obligations. (5) Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be

constructed or upon which water is or will be stored, including any modification to the existing storage pool: (a) Brighton Ditch Company, P.O. Box 185, Fort Lupton, CO 80621, c/o Bob Sakata, President. (b) Peter L. & Cynthia S. Baurer, 810 Saturn St., #16, Jupiter, FL 33477-4398. (c) Carl F. Eiberger, 303 S. Broadway, B-200, Denver, CO 80209. (d) Hall-Irwin Aggregates, LLC, P.O. Box 309, Milliken, CO 80543, c/o Peter H. Ziemke.

15CW3080 City of Aurora, Colorado, acting by and through its Utility Enterprise (“Aurora Water”), 15151 East Alameda Parkway, Suite 3600, Aurora, Colorado 80012-1555, Telephone: 303- 739-7370. Please send all pleadings and correspondence to Applicant’s counsel: Steven O. Sims and John A. Helfrich, Brownstein Hyatt Farber Schreck, LLP, 410 17th Street, Suite 2200, Denver, CO 80202, Telephone: (303) 223-1100; Fax: (303) 223-1111; Email: [email protected], [email protected]. APPLICATION FOR FINDING OF REASONABLE DILIGENCE OF CONDITIONAL WATER RIGHT in WELD AND ADAMS COUNTIES. (1) Name of the structure: Robert W. Walker Reservoir. (2) Describe conditional water right: (a) Date of Original Decree: May 10, 2000, Case No.: 97CW272, Court: Water Court, Water Division No. 1. (b) Subsequent decrees awarding findings of diligence: Case No. 06CW129, June 9, 2009. (c) Legal Description: (i) Robert W. Walker Reservoir: In the E1/2 of Section 36, T1N, R67W of the 6th P.M., and the W1/2 of Section 31, T1N, R66W of the 6th P.M., Weld County, Colorado. The inlet is located on the Brighton Ditch in the SW1/4 of Section 36 at a point 2,620 feet north and 1,200 feet east of the SW corner of Section 36. There is no assigned street address at this location, but the street address would be approximately 500 Weld County Road 23 3/4, if there was a street address. See Figure 1. (ii) Legal Description of Diversion Points: (1) Brighton Ditch: The headgate is located on the west bank of the South Platte River in the SE1/4SE1/4 of Section 11, T1S, R67W, 6th P.M., Adams County, Colorado. (2) Robert W. Walker Pump Station: The pump station is adjacent to the South Platte River, located on the west bank of the River in the SW1/4NW1/4 of Section 31, T1N, R66W, 6th P.M., Weld County, Colorado at a point approximately 2,400 feet south and 1,300 feet east of the NW corner of Section 31. (d) Source of Water: South Platte River and its tributaries. (e) Appropriation Date: October 21, 1997. (f) Amount: 2,000 acre feet, conditional; Brighton Ditch diversion, 100 c.f.s., conditional; Robert W. Walker pump station diversion, 50 c.f.s., conditional. (g) Use: Storage for industrial and mining uses in conjunction with gravel mining operations; dust suppression; reclamation; sand and gravel washing; augmentation; replacement; exchange; irrigation; domestic; recreation; fish and wildlife purposes on and in the reservoir; commercial and fire protection. (3) Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures. (a) Pursuant to C.R.S. § 37-92-301(4)(b), the measure of reasonable diligence is the steady application of effort to complete the appropriation in a reasonably expedient and efficient manner under all the facts circumstances. When a project or integrated system is comprised of several features, work on one feature of the project or system shall be considered finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system. Pursuant to paragraph 48 of the decree in Case No. 06CW104 and paragraph 14 of the decree in Case No. 06CW129, Aurora’s municipal water system and each of the water rights and structures that are part of Aurora’s Prairie Waters Project (“PWP”) that now and in the future will provide water for Aurora comprise an integrated system of water rights and structures under section 37-92-301(4)(b), C.R.S. Since June 2006, Aurora Water has diligently prosecuted the following additional features of the PWP: (i) Aurora Water spent approximately $700 million dollars completing the construction of ARR-A, the PWP well fields, the 34 mile pipeline from PWP to Aurora Reservoir, and the Peter Binney Water Treatment Facility. The initial capacity is 10,000 acre feet. (ii) Aurora Water began PWP deliveries in October 2010 and the system became fully operational in June 2012. (iii) Case No. 03CW414: conditional underground and surface storage rights for Aquifer Recharge and Recovery Site B (“ARR-B”), decreed August 1, 2007; findings of reasonable diligence decreed in Case No. 13CW3088, April 22, 2014. (iv) Case No. 03CW415: conditional storage rights for Aurora’s East Reservoir, decreed May 14, 2008; findings of reasonable diligence decreed in Case No. 14CW3065, March 2, 2015. (v) Case No. 02CW330: 24

conditional storage rights for Aurora-Everist Reservoir No. 1, decreed June 7, 2012. (vi) Case No. 97CW392: conditional storage rights for the Stillwater Ranch Reservoir, decreed May 10, 2000; findings of reasonable diligence decreed in Case No. 06CW130, June 9, 2009. (vii) Case No. 07CW37: change in the type and place of use of 9.023 shares of Brighton Ditch Co. from irrigation to municipal purposes by Aurora Water, decreed March 23, 2011. (viii) Case No. 13CW3080: conditional storage rights in Aurora- Everist Reservoir No. 2, decreed January 6, 2015. (ix) Case No. 13CW3042: addition of in-fill wells to the PWP Well Field and amendment of plan for augmentation decreed in Case No. 06CW104, decreed May 12, 2015. (x) In November 2014, Aurora Water spent $14,976 to purchase and install a transformer disconnect cabinet at the Walker pump station. (xi) Excavation of the Walker Reservoir pit is ongoing and expected to be completed by November 2015. (4) Claim to make absolute: Not applicable. (5) Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: (a) Brighton Ditch Company, P.O. Box 185, Fort Lupton, CO 80621, c/o Bob Sakata, President. (b) Peter L. & Cynthia S. Baurer, 810 Saturn St., #16, Jupiter, FL 33477-4398. (c) Carl F. Eiberger, 303 S. Broadway, B-200, Denver, CO 80209. (d) Hall-Irwin Aggregates, LLC, P.O. Box 309, Milliken, CO 80543, c/o Peter H. Ziemke.

15CW3081 Douglas and Vickie Groetken, 12367 Antelope Trail, Parker, CO 80138 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), IN THE NONTRIBUTARY LOWER DAWSON, ARAPAHOE, AND LARAMIE-FOX HILLS AQUIFERS, DOUGLAS COUNTY, Lot 20, Block 11, Ponderosa Hills Filing 1, comprised of 2.96 acres, generally located in the SE1/4SW1/4 of Section 12, T6S, R66W of the 6th P.M., 2.96 acres, Lower Dawson: 0.79 acre-feet (includes water in Permit 264274); Arapahoe: 1.4 acre-feet; and Laramie-Fox Hills: 1acre-foot, Domestic, commercial, irrigation, stockwatering, and augmentation purposes, including storage, on and off the Subject Property. Applicants may withdraw this water in combination with the same type of water and through wells located on other lots in Ponderosa Hills which have previously been decreed. (4 pages).

15CW3082 Hard Break Resources, LLC, and Parker Vista, LLP, 6606 Castle Oaks Drive, Franktown, CO 80116 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR CHANGE OF WATER RIGHT, DOUGLAS COUNTY. 2. Decree information for which change is sought: Case No. 85CW166, decreed on October 24, 1986, and Case No. 85CW103, decreed on November 6, 1986. All of the groundwater which is the subject of this application is nontributary. The groundwater described below as decreed in Case No. 85CW166 is owned by Applicant Hard Break Resources, LLC, and the land associated with that decree is approximately 104 acres located in parts of the S1/2N1/2 of Section 27, T7S, R66W, as shown on Attachment A. The groundwater described below as decreed in Case No. 85CW103 is owned by Applicant Parker Vista, LLP (formerly Parker Vista, Ltd), and the land associated with that decree is approximately 470 acres located in the SW1/4SE1/4 and SE1/4SW1/4 of Section 23; SW1/4NW1/4 and NW1/4SW1/4 of Section 25; W1/4NE1/4, NE1/4NW1/4, NE1/4SE1/4, part of the S1/2N1/2 of Section 26; and part of the S1/2NE1/4 of Section 27, T7S, R66W, as also shown on Attachment A hereto. The decreed annual amounts which are the subject of this application are as follows: Case No. 85CW166: Lower Dawson: 32 acre-feet, Denver: 41 acre-feet, Arapahoe: 51acre-feet, Laramie-Fox Hills: 31 acre-feet. Case No. 85CW103: Lower Dawson: 12.8 acre-feet, Denver: 84.5 acre-feet, Arapahoe: 145.2 acre-feet, Laramie-Fox Hills:111.0 acre- feet. Proposed change: The original decrees require that wells to withdraw the decreed amounts of groundwater be located on the land which is the subject of that specific decree. By this change, Applicants request that the decreed amounts in Case No. 85CW166 be withdrawn in combination with the decreed amounts in the same aquifers as decreed in Case No. 85CW103, through wells located on the land which is the subject of either decree. No other parts of the original decrees will be changed. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (4 pages).

15CW3083 The Dale M. Lutz Trust dated March 2, 2010 and The P. Michele Lutz Trust dated March 2, 2010, P. O. Box 281, Idledale, Colorado 80453, North Fork Associates, LLC, 2686 South Yukon Court, Lakewood, Colorado 80227 and Mountain Mutual Reservoir Company, 6949 Highway 73, Suite 15, Evergreen, Colorado 80439. (c/o David C. Lindholm, Esq., P. O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR UNDERGROUND WATER RIGHT, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT. IN JEFFERSON COUNTY. APPLICATION FOR UNDERGROUND WATER RIGHT: 1. Name of Well and Permit, Registration or Denial Number: Lutz Well No. 1 (Permit No. 75021). 2. Legal Description of the Well: Lutz Well No. 1 is located in the SW1/4 SE1/4 of Section 25, Township 4 South, Range 71 West, 6th P.M., Jefferson County, at a point approximately 1,100 feet from the South Section line and 2,150 feet from the East Section line of said Section 25. 3.A. Source of Water: Ground water that is tributary to Cold Spring Gulch, Bear Creek and the South Platte River. 3.B. Depth of Well: 300 feet. 4.A. Date of Appropriation: June 6, 1974. 4.B. How Appropriation was Initiated: Submittal of a well permit application to the Colorado Division of Water Resources, followed by the issuance of a well permit by the State Engineer. 4.C. Date Water Applied to Beneficial Use: November 14, 1977. 5. Amount Claimed: 2 gallons per minute, Absolute. 6. Uses: Ordinary household purposes inside a single family dwelling, irrigation, the watering of livestock and fire protection purposes. 7. Names and Address of Owners of Land on which the Well is Located: The Dale M. Lutz Trust and The P. Michele Lutz Trust, as described above. 8. Remarks: The Permit for the Lutz Well No. 1 was issued pursuant to C.R.S. §37-92-602. Copies of the Permit and Well Completion and Pump Installation Reports are attached as Exhibits “B” and "C." It has been determined that the legal description set forth in the Well Permit is not correct. Upon approval of the plan for augmentation being requested, a new well permit application for the Well will be submitted to the State Engineer, along with a request that Permit No. 75021 be canceled. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT: 1. Names of Structures to be Augmented: Lutz Well No. 1 and Lutz Well No. 2. The rate of diversion for each well will not exceed 15 gallons pre minute. 2. Water Rights to be Used for Augmentation Purposes. a. The Dale M. Lutz Trust and The P. Michele Lutz Trust (“Lutz Trusts”), have entered into a contract with North Fork Associates, LLC to purchase 3.1 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 3.1 shares represent the right to receive 0.096 of an acre foot of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders, as more particularly described below. b. The water rights which MMRC owns for the benefit of its shareholders (hereinafter referred to as the "Bear Creek/Turkey Creek water rights"), are summarized as follows: i. Harriman Ditch. 7.71 shares of the 400 shares of capital stock (1.93%), issued and outstanding in the Harriman Ditch Company. Said Company owns direct flow water rights decreed to the Harriman Ditch. Pursuant to the Decree entered in Civil Action No. 6832, on February 4, 1884, the Ditch was awarded the following direct flow priorities:

Appropriation Priority Number Source Amount MMRC Date Entitlement April 15, 1868 21 Turkey Creek 10.75 cfs 0.2072 cfs March 16, 1869 23 Bear Creek 7.94 cfs 0.1530 cfs May 1, 1871 25 Bear Creek 25.54 cfs 0.4923 cfs March 1, 1882 30 Bear Creek 12.87 cfs 0.2481 cfs

The Bear Creek headgate of the Harriman Ditch is located on the South bank of Bear Creek in the NE1/4 NE1/4, Section 2, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Turkey Creek headgate of the Harriman Ditch is located on the South bank of Turkey Creek near the Southwest corner of Section 6, Township 5 South, Range 69 West, 6th P.M., Jefferson County. The Ditch was originally decreed for irrigation, livestock watering, domestic and municipal purposes. ii. Warrior Ditch. 2.0 shares of the 160 shares of capital stock (1.25%), issued and outstanding in the Warrior Ditch Company. Said 26

Company owns direct flow water rights decreed to the Warrior Ditch. Pursuant to the Decree entered in Civil Action No. 6832 on February 4, 1884, the Ditch was awarded the following direct flow priorities:

Appropriation Priority Number Source Amount MMRC Date Entitlement Dec. 1, 1861 4 Bear Creek 12.33 cfs 0.1541 cfs April 16, 1862 8 Turkey Creek 2.86 cfs 0.0358 cfs Oct. 31, 1864 14 Bear Creek 25.47 cfs 0.3184 cfs April 1, 1865 16 Bear Creek 11.49 cfs 0.1436 cfs

The headgates of the Warrior Ditch are the same as those of the Harriman Ditch, described above. The Ditch was originally decreed for irrigation purposes. iii. Soda Lakes Reservoir Nos. 1 and 2. 8.71 shares of the 400 shares of capital stock (2.18%), issued and outstanding in the Soda Lakes Reservoir and Mineral Water Company. Said Company owns storage water rights decreed to the Soda Lakes Reservoir Nos. 1 and 2. Pursuant to the Decree entered in Civil Action No. 91471 on September 24, 1935, the Soda Lake Reservoir Nos. 1 and 2 were adjudicated for 1,794 acre feet for irrigation purposes, and 598 acre feet for storage for supplying the City of Denver with water for municipal purposes, including the watering of lawns and gardens. The date of appropriation awarded the structures was February 11, 1893. The Soda Lakes Reservoirs are located in Section 1, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Reservoirs are filled through the Harriman Ditch. iv. Meadowview Reservoir. The structure is located in the NE1/4 SW1/4 and the NW1/4 SE1/4 of Section 26, Township 5 South, Range 71 West, 6th P.M., Jefferson County. Meadowview Reservoir was awarded an absolute water right in Case No. 2009CW92 (2001CW294), in an amount of 20 acre feet, and a conditional water right in Case No. 94CW290, in an amount of 30 acre feet, for augmentation, replacement, exchange and substitution purposes. The source is water tributary to North Turkey Creek. Harriman Ditch and Warrior Ditch direct flow water and water available to MMRC in the Soda Lakes Reservoirs are also stored in Meadowview Reservoir by exchange pursuant to the appropriative rights of substitution and exchange decreed in Case Nos. 94CW290, 2000CW060 and 2001CW293. c. The overall "firm" yield of consumptive use water available from the MMRC portfolio of Bear Creek/Turkey Creek water rights and storage facilities was quantified in the Decree entered by the District Court for Water Division 1 in Case No. 2001CW293, dated July 16, 2003. The terms and conditions under which the Bear Creek/Turkey Creek water rights are used for augmentation and replacement purposes are set forth in the Decree in Case No. 2001CW293, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the Decree in Case No. 2001CW293 for more detailed information. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under C.R.S. §37-92-103(9), §302(1)(2) and §305(8): a. The Lutz Trusts are the owners of a 36.4 acre parcel of property located in the SE 1/4 of Section 25, Township 4 South, Range 71 West, 6th P.M., Jefferson County. One single family residence currently exists on the property. The Lutz Trusts propose to subdivide the property into two residential lots. The property is depicted on the attached Exhibit "A." b. The water supply for the residences is or will be obtained from the Lutz Well Nos. 1 and 2. Wastewater from all in-building uses of water is or will be treated utilizing non-evaporative septic systems with soil absorption leach fields. Return flows are to an unnamed tributary of Cold Spring Gulch. c. Based on prior engineering studies of similar residential subdivisions, it is assumed that the maximum average occupancy of each single family residence will be 3.5 persons and that per capita daily water usage will not exceed 80 gallons as an annual average. The augmentation plan will include evaporation losses from a hot tub on each lot. The plan will also include outside usage of water on one of the lots consisting of the irrigation of 500 square feet of lawn grass, or equivalent gardens, and the watering of one horse or equivalent domestic animal. The source of water for irrigation and the watering of livestock on the other lot is an adjudicated non-tributary spring, identified as the Halliwell Spring No. 2. Gross irrigation requirements for lawn grass are anticipated to be no more than 1.25 acre feet of water per irrigated acre. Gross irrigation requirements for gardens are no more than 0.5 of an acre foot per 27

irrigated acre. The water requirement for a horse, or equivalent domestic animal, is assumed to be 10 gallons per day. The total volume of water required is projected to be approximately 0.7 of an acre foot per year. d. Depletions associated with water that is used inside each single-family residence will be based on a ten percent (10%) consumption factor. Consumption of lawn grass at this location is 1.0 acre- foot per acre. Consumption of gardens is 0.4 of an acre foot per acre. Evaporation losses from a hot tub has been determined to average 4.46 gallons per day. All of the water supplied to the horse or equivalent domestic animal is assumed to be consumed. Maximum stream depletions are not anticipated to exceed 0.096 of an acre foot per year, or a maximum of 0.06 of a gallon per minute. e. The required volume of augmentation water will be provided from the sources described in Paragraph No. 2, above. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration. f. Whenever possible, depletions to the stream system which occur during the period April through October, inclusive, will be continuously augmented by MMRC forgoing the diversion of a portion of its Warrior Ditch and/or Harriman Ditch direct flow water rights. During times when MMRC's direct flow water rights are not in priority and during the months of November through March, inclusive, depletions will primarily be augmented by periodically releasing water from the Soda Lakes Reservoirs. Water may also be released from Meadowview Reservoir. g. Since the point of depletion associated with water use under this augmentation plan is on a side tributary of Bear Creek and upstream of the Harriman Ditch headgate, the Lutz Trusts assert an appropriative right of substitute supply and exchange pursuant to C.R.S. §37-80- 120 and §37-92-302(1)(a). The reach of the exchange shall extend from the confluence of Bear Creek and Turkey Creek at Bear Creek Lake in Section 5, Township 5 South, Range 69 West, 6th P.M., Jefferson County; thence up Bear Creek to its confluence with Cold Spring Gulch, located in the NW1/4 NW1/4 of Section 31, Township 4 South, Range 71 West, 6th P.M.; thence up Cold Spring Gulch to its confluence with an unnamed tributary in the SW1/4 SE1/4 of Section 25, Township 4 South, Range 71 West, 6th P.M.; and thence up the unnamed tributary to the point where depletions from the Lutz Well Nos. 1 and 2 impact the unnamed tributary in the SW1/4 SE1/4 of Section 25, Township 4 South, Range 71 West, 6th P.M. The exchange will operate to replace depletions to the flow of water in the unnamed tributary of Cold Spring Gulch, Cold Spring Gulch, Bear Creek and the South Platte River as the depletions occur. The exchange will be administered with a priority date of June 30, 2015, at a maximum flow rate of 0.001 of a cubic foot per second. 4. Names and Address of Owners of Land on which a New Structure will be Located: The Dale M. Lutz Trust and The P. Michele Lutz Trust, as described above. WHEREFORE, the Lutz Trusts request the entry of a decree approving this Application, specifically determining that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights. The Lutz Trusts also request a determination that the Lutz Well Nos. 1 and 2 can be operated without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. The Lutz Trusts further request the entry of an Order directing the State Engineer to issue permits for the wells. (8 pages and three exhibits).

15CW3084 The Consolidated Mutual Water Company, 12700 West 27th Avenue, Lakewood, CO 80215, (303) 238-0451, through counsel Evan D. Ela, Esq. and Joseph W. Norris, Esq., Collins Cockrel & Cole, P.C., 390 Union Boulevard, Suite 400, Denver, CO 80228, (303) 986-1551, APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE ON DECREED CONDITIONAL WATER RIGHTS AND TO CLAIM PERFECTION OF A PORTION OF DECREE CONDITIONAL WATER RIGHTS in JEFFERSON COUNTY. 2. Name of Structures: Fairmount Reservoir. 3. Description of the subject conditional water right from prior decrees: (a) Original Decree. The original water rights decree for Fairmount Reservoir was issued in Case No. 91CW92, District Court in and for Water Division No. 1, State of Colorado, In the Matter of the Application of the Consolidated Mutual Water Company for Conditional Water Storage Rights in Jefferson County, on December 22, 1993. (1) Location (place of storage): In the NE1/4, Section 24, Township 3 South, Range 70 West of the 6th Principal Meridian, Jefferson County, Colorado. (2) Source: Clear Creek, a tributary of the South Platte River. (3) Date of appropriation: July 16, 1991. (4) Amount: 990 acre-feet, Conditional. (5) Location of points of

diversion: (1) Agricultural Ditch. On the South Bank of Clear Creek in the SW1/4 SW1/4, Section 27, Township 3 South, Range 70 West of the 6th P.M., Jefferson County. (2) Welch Ditch. On the Southeast Bank of Clear Creek whence the quarter corner in the South boundary line of Section 32, Township 3 South, Range 70 West of the 6th P.M., bears South 28° East 900 feet, Jefferson County. (3) Lee Stewart and Eskins Ditch. On the South Bank of Clear Creek in the SE1/4 of the NE1/4 Section 27, Township 3 South, Range 70 West of the 6th P.M., Jefferson County. (4) Rocky Mountain Ditch. On the South side of a dam across Clear Creek in the NE1/4 of the NE1/4 of the NW1/4 of Section 26, Township 3 South, Range 70 West of the 6th P.M.; at end near a point which bears South 18°12’25” West, a distance of 401.11 feet from the North 1/4 corner of said Section 26, in Jefferson County, Colorado. (5) Farmers High Line Canal. On the North Bank of Clear Creek in the NW1/4 SW1/4, Section 27, Township 3 South, Range 70 West of the 6th P.M., Jefferson County. (6) Wannamaker Ditch. On the North Bank of Clear Creek in the SE1/4 NE1/4 Section 27, Township 3 South, Range 70 West of the 6th P.M., Jefferson County. (7) Croke Canal. On the North Bank of Clear Creek in the NW1/4 NE1/4 of Section 26, Township 3 South, Range 70 West of the 6th P.M., Jefferson County. (6) Beneficial uses: All beneficial uses, including municipal, irrigation, domestic, mechanical, commercial, industrial, recreation, fish and wildlife, augmentation and replacement and any other use necessary, desirable, or incidental to the operation of The Consolidated Mutual Water Company’s water system. (b) Diligence Decrees. The decree entered in Case No. 99CW203, dated December 4, 2002, granted perfection of 339 acre-feet of the conditional water storage right for all beneficial purposes stated in the Original Decree and continued diligence for the remaining 651 acre-feet, conditional. The most recent finding of continued diligence was decreed by this Court on June 2, 2009, in Case No. 08CW278. 4. Outline of work done and funds expended by Applicant during the relevant diligence period (December 20, 2008 through June 30, 2015) toward completion of the appropriation. Applicant is the owner of other water rights, which together with the subject conditional water right form an integrated and unified municipal water supply system. Pursuant to § 37-92-301(4)(b), C.R.S., work on one feature of an integrated system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the integrated system. Thus, work on any part of Applicant’s integrated municipal water supply system must be considered in finding that reasonable diligence has been shown for the subject conditional water right. (a) Applicant expended over $23,000 for maintenance of Fairmount Reservoir. (b) Applicant spent approximately $126,000 on an upgraded pump station to move water from Fairmount Reservoir to either Welton Reservoir or Maple Grove Reservoir. (c) Applicant has expended approximately $80,000 on repair and maintenance of its municipal water treatment plant. (d) Applicant expended over $400,000 for legal costs and over $220,000 for engineering and other consultant fees to maintain and defend Applicant’s portfolio of water rights. (e) Applicant budgets and expends approximately $2 million for improvements to its water distribution system each year (approximately $12 million during the current diligence period). Additionally, Applicant has completed planning and engineering studies associated with the planning, construction and continued operation of its integrated municipal water supply system. (f) Applicant renegotiated its water distributor agreement with Denver Water in 2013 to allow the Applicant the freedom to provide water to greater portions of the combined water distribution system that is the subject of the distributor agreement. The effect of this revised agreement was an increase in the number of customers that are provided water from the Applicant’s Maple Grove treatment plant. This in turn increased the demand for water yields from Fairmount Reservoir and other raw water reservoirs owned and managed by Applicant. (g) Applicant diverted and stored water in-priority from Clear Creek under the Fairmount Reservoir water storage right during the relevant diligence period for water years 2008 through 2015. 5. Claim for Perfection of a portion of Conditional Water Right. From 2013 to the date of this Application, the Applicant has diverted water in-priority under the storage right for Fairmount Reservoir. As of the date of this Application, the Applicant has diverted and stored water under the Fairmount Right during the 2015 water year in the amount of 849.50 acre-feet. Pursuant to C.R.S. § 37-92-301(4)(e), a decreed conditional water storage right shall be made absolute for all decreed purposes to the extent of the volume of the appropriation that has been captured, possessed, and controlled at the decreed storage structure. Therefore, Applicant claims

510.5 acre-feet of the remaining Fairmount Reservoir conditional water storage right as absolute (339 acre-feet has already been perfected and decreed as absolute by the water court in Case No. 99CW203). The remaining 140.5 acre-feet to remain conditional, subject to required diligence findings. 6. Name and address of potentially affected landowners. Fairmount Reservoir is located on land currently owned by the Applicant. (6 pages)

15CW3085 Silver Reef Farms Holding, LLC, c/o Greg Schreiner, Manager, 4006 Cleveland Avenue, Wellington, CO 80549, (720)354-2740. APPLICATION FOR CHANGE OF WATER RIGHTS, IN LARIMER COUNTY. Please send all future correspondence to: Sara J.L.Irby; Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Rd Fort Collins, Co 80525, (970)407-9000. 2. Purpose of Application: The purpose of this Application for a Change of Water Rights is to (1) change the point of diversion for the Sandy Well No. 2-0866R (the “Well”) to the point of diversion for a replacement well, which will be located approximately 450 feet from the decreed location of the Well, and (2) to correct the decreed place of use of the Well to conform to lands that have been irrigated with the Well since 1955. CHANGE IN POINT OF DIVERSION AND PLACE OF USE. 3. Decreed Water Right for which Changes are Sought. 3.1. Name of Structure: Sandy Well No. 2-0866R. 3.2. Decree. Case No. W-1257, District Court, Water Div. No. 1. 3.3. Legal Description of Structure. 2,240 feet South and 1,840 feet West of the NE Corner of Section 13, Township 9 N, Range 69 W of the 6th P.M., Larimer County, Colorado. 3.4. Decreed source of water. Groundwater 3.5. Appropriation Date. July 15, 1955. 3.6. Amount. 0.89 c.f.s. ABSOLUTE. 3.7. Use. Irrigation of the SE1/4 of Section 13, Township 9 N, Range 69 W of the 6th P.M., Larimer County, CO, and livestock purposes. 4. Proposed Changes. 4.1. Change in Point of Diversion. A replacement well for the Sandy Well No. 2-0866R will be located in the SW1/4 of the NE1/4 of Section 13, Township 9 North, Range 69 West, Larimer County, Colorado, 1,771 feet south of the north section line and 1,805 feet west of the east section line; easting: 494617, northing: 4510988, UTM NAD 83, Zone 13N, as generally shown on Exhibit 1, attached hereto and incorporated herein (the “Replacement Well”). 4.2. Change in Place of Use. 4.2.1. Use. The Sandy Well No. 2-0866 is currently decreed, as set forth in the decree in Case No. W-1275, to irrigate the SE1/4 of Section 13, Township 9 North, Range 69 West of the 6th P.M., Larimer County, Colorado, however, upon examination, Applicant has discovered there was an error in the decree in describing the place of use for irrigation purposes. Since approximately 1955, the Well has provided water for irrigation of approximately 107 acres of land located in the SE1/4 and the NE1/4 of Section 13, Township 9 North, Range 69 West of the 6th P.M., but the land in the NE1/4 was erroneously not included in the decree. Exhibit 2 attached hereto includes: (a) an aerial map from SPDSS showing the approximately 107 acre area historically irrigated by the Sandy Well 2-0866 as of 1956, and (b) a copy of the well permit for the Well filed in 1959 stating that lands located in the NE1/4 and the SE1/4 were irrigated by the Well as of 1955. By this application, Applicant seeks judicial confirmation of this change of water right to allow use of the Replacement Well to irrigate approximately 97.00 acres, located in the NE1/4 and the SE1/4 of Section 13, Township 9 North, Range 69 West of the 6th P.M., as has historically occurred since 1955. The lands to be irrigated by the Replacement Well are more particularly described on Exhibit 3. 4.2.2 Augmentation Plan. The Well has been included as a participating well in the Cache la Poudre Water Users Association Plan for Augmentation decreed in Case No. W-7921(75), District Court, Water Division No. 1 since the inception of that plan. The Replacement Well proposed herein has received provisional approval as a well participating under the plan for augmentation for the irrigation of approximately 97.00 acres located in the NE1/4 and the SE1/4 of Section 13, Township 9 North, Range 69 West of the 6th P.M., Larimer County, Colorado, as more particularly described on Exhibit 3. 5. Name and address of owner of land on which structure is located: Applicant owns the structure and the land upon which the structure is located.

15CW3086 (Division 2 case number 15CW3033) DAVID A. HOFFER AND SUSAN E. HOFFER, 9429 S. East Cherry Creek Road, Franktown, CO 80116. c/o Chris D. Cummins and Ryan W. Farr, Felt, Monson & Culichia, LLC, 3198 N. Weber Street, Colorado Springs, CO 80903 (719) 471-1212. Application for Adjudication of Denver Basin Ground Water and for Approval of Plan for Augmentation

in DOUGLAS COUNTY. Applicants wish to use an existing well located on a portion of Applicants’ property to provide water service to a single family dwelling and for irrigation, including but not limited to berries and other produce in greenhouse or similar environments, as well as other irrigation uses. Applicants currently have a permitted well on their property that will be re-permitted pursuant to the plan for augmentation requested herein, upon entry of a decree. Applicants therefore seek to quantify the Denver Basin groundwater underlying the Applicants’ Property, and for approval of a plan for augmentation for the use thereof of the current well on their property and any additional or replacement wells. Legal Description of Wells. Property Description. All wells will be located on Applicant’s property which is a parcel of land located in the SE1/4 of the NE1/4 of Section 32, Township 9 South, Range 65 West of the 6th P.M., County of Douglas, State of Colorado, more particularly described as follows: Beginning at the southeast corner of said NE1/4; thence south 89°52’15” west, along the south line of said NE1/4, a distance of 1,254.46 feet thence north 00°00’10” east, a distance of 1,294.58 feet; thence north 89°52’16” east, a distance of 1,255.69 feet to the east line of said NE1/4; thence south 00°03’26” west, along said east line, a distance of 1,295.58 feet to the point of beginning, consisting of approximately 36.728 acres, more or less (Applicants’ Property). See attached Exhibit A general location map. Existing Well. There is currently a well constructed to the Upper Dawson aquifer on the Applicants’ Property permitted under Division of Water Resources Permit No. 221323 and is located in the SE1/4 of the NE1/4 of Section 32, Township 9 South, Range 65 West of the 6th P.M., Douglas County, Colorado (“Hoffer Well No. 1”). Water Source. Not-Nontributary. The ground water withdrawn from the Upper Dawson aquifer of the Denver Basin underlying Applicants’ Property is not- nontributary. Pursuant to § 37-90-137(9)(c.5), C.R.S., the augmentation requirements for wells in the Upper Dawson will require the replacement of actual stream depletions. Nontributary. The groundwater that will be withdrawn from the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers of the Denver Basin underlying the Applicants’ Property is nontributary. Estimated Rates of Withdrawal and Groundwater Availability. Estimated Rates of Withdrawal. The actual pumping rates for each well will vary according to aquifer conditions and well production capabilities. The Applicants’ request the right to withdraw ground water at rates of flow necessary to withdraw the entire decreed amounts. The actual depth of each well to be constructed within the respective aquifers will be determined by topography and actual aquifer conditions. Estimated Average Annual Amounts of Ground Water Available. Applicants request a vested right for the withdrawal of all legally available ground water in the Denver Basin aquifers underlying the Applicants’ Property. Said amounts may be withdrawn over the 100-year life of the aquifers pursuant to § 37-90-137(4), C.R.S. Applicants’ estimate that the following values and average annual amounts are representative of the Denver Basin aquifers underlying Applicants’ Property:

Sand Total Ground Water Annual Average Withdrawal – Aquifer Thickness Storage 100 Years (Feet) (Acre Feet) (Acre Feet) Upper Dawson 247 1,827 18.3 (NNT) Lower Dawson 193 1,431 14.3 (NT) Denver (NT) 243 1,529 15.3 Arapahoe (NT) 273 1,717 17.2 Laramie Fox Hills 188 1,045 10.45 (NT)

Decreed amounts may vary based upon the State’s Determination of Facts. Pursuant to § 37-92-305(11), C.R.S., the Applicants request that the Court retain jurisdiction to finally determine the amount of water available for appropriation and withdrawal from each aquifer. Requested Uses. The Applicants request the right to use the ground water for beneficial uses upon the Applicants’ Property consisting of domestic,

commercial, irrigation, stock water, recreation, wildlife, fire protection, and also for storage and augmentation purposes associated with such uses. The Applicants also request that the nontributary water may be used, reused, and successively used to extinction, both on and off the Applicants’ Property subject, however, to the requirement of § 37-90-137(9)(b), C.R.S. that no more than 98% of the amount withdrawn annually shall be consumed. Applicants may use such water by immediate application or by storage and subsequent application to the beneficial uses and purposes stated herein. Provided, however, Applicants shall only be entitled to construct a well or use water from the not-nontributary Upper Dawson aquifer pursuant to a decreed augmentation plan entered by this Court, covering the out-of-priority stream depletions caused by the use of such not-nontributary aquifers in accordance with § 37-90-137(9)(c.5), C.R.S. Well Fields. Applicants request that they be permitted to produce the full legal entitlement from the Denver Basin aquifers underlying Applicants’ Property through any combination of wells. Applicants request that these wells be treated as a well field. Averaging of Withdrawals. Applicants request that they be entitled to withdraw an amount of ground water in excess of the average annual amount decreed to the aquifers beneath the Applicants’ Property, so long as the sum of the total withdrawals from all the wells in the aquifers does not exceed the product of the number of years since the date of issuance of the original well permit or the date of entry of a decree herein, whichever comes first, multiplied by the average annual volume of water which the Applicants are entitled to withdraw from the aquifers underlying the Applicants’ Property. Name and Address of Owner of Land Upon Which Wells are to Be Located. The land upon which the wells are and will be located is owned by Applicants. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. Structures to be Augmented. The structures to be augmented are Hoffer Well No. 1 as is currently constructed to the not-nontributary Upper Dawson aquifer along with any replacement or additional wells associated therewith, underlying the Applicants’ Property as requested and described herein. Water Rights to be Used for Augmentation. The water rights to be used for augmentation during pumping are the return flows resulting from the pumping of the not- nontributary Upper Dawson aquifer, and direct pumping from the Upper Dawson aquifer, together with water rights from the nontributary Arapahoe and Laramie-Fox Hills aquifers for any injurious post pumping depletions. Statement of Plan for Augmentation. Applicants wish to provide for the augmentation of stream depletions caused by pumping of the not-nontributary Upper Dawson aquifer. Water use criteria and their consumptive use component for replacement of actual depletions for the Applicants’ Property are as follows: Household Use. 0.30 acre-feet annually within one single family dwelling with a 10% consumptive use based on a nonevaporative septic leach field disposal system. The annual consumptive use for this residence is therefore 0.030 acre-feet with resulting return flows of 0.27 acre-feet. Any other type of wastewater disposal shall require an amendment to this plan of augmentation. Landscape and Irrigation. 0.046 acre-feet annually per 1,000 square feet (2.0 acre-feet per acre) per year with an 85% assumed consumptive use rate. The annual consumptive use for each 1,000 square feet of lawn and garden, or irrigation of berries, produce, and other irrigation is therefore 0.039 acre-feet. Depletions. Based on nearby adjudicated augmentation plans, Applicants have determined the maximum stream depletions over the 100-year pumping period for the Upper Dawson aquifer to be approximately 11% of pumping. Consequently, maximum depletions as a result of pumping the full annual amount of 18.3 acre feet allowed from the Upper Dawson aquifer equals 2.0 acre-feet. Augmentation of Depletions During Pumping. Pursuant to § 37-90-137(9)(c.5), C.R.S., Applicants are required to replace actual stream depletions attributable to pumping of the Hoffer Well No. 1 or any additional or replacement wells to the Upper Dawson aquifer. Applicants wish to pump the full annual amount allowed from the Upper Dawson aquifer, consisting of 18.3 acre-feet annually. Such use will be broken down to 0.3 acre-feet for in-house use and up to 18 acre-feet for maximum irrigation uses. Return flows from in-house use amount to 90% of pumping resulting in a total amount of 0.27 acre-feet. Return flows from irrigation use amount to 15% of pumping resulting in a total amount of 2.7 acre-feet at maximum irrigation. Applicants’ return flows from any combination of in-house use and irrigation use ranging from no irrigation to maximum irrigation utilizing 18 acre-feet of water will always adequately replace the maximum depletions of 11% of pumping over the 100-year pumping period thereby adequately augmenting stream depletions. Alternative Augmentation of Depletions During Pumping. If,

contrary to Applicants’ request, Applicants are granted return flow credit from irrigation of less than 11% of pumping, or less than the actual maximum depletive percentage as determined by the State Engineer’s determination of facts, Applicants will meet maximum stream depletions caused by pumping from the Upper Dawson aquifer through direct stream replacement as an alternative augmentation means. In-house use results in return flows of 0.27 acre feet per year and therefore, adequately provide replacement for the use of up to 2.5 acre-feet for irrigation purposes. For any additional irrigation use under this alternative beyond such 2.5 acre feet of pumping, Applicants will pump an additional quantity of water to the stream necessary to replace the maximum depletion percentage of 11%, or the maximum depletion percentage as determined in the State Engineer’s determination of facts. By way of example, were the entire 15.5 annual acre-feet of supply beyond in-house demand and preliminary 2.5 acre feet of irrigation pumped, 11% or 1.7 acre-feet, would be pumped directly to the stream to provide augmentation of the remaining 89% or 13.8 acre-feet, which is applied to irrigation use. Applicants’ irrigation would be reduced by such direct replacement, if necessary, but Applicants assert that irrigation is conservatively estimated at 85% consumptive, as has been previously decreed by this court on numerous occasions, and that such alternative augmentation means are unnecessary. Augmentation for Post Pumping Depletions. For the replacement of any injurious post-pumping depletions which may be associated with the use of the the Hoffer Well No. 1 and any additional or replacement wells, Applicants will reserve up to 1,045 acre-feet of water from the nontributary Laramie Fox Hills aquifer, less the amount of actual stream depletions replaced during the plan pumping period, and 819 acre-feet from the nontributary Arapahoe aquifer, less the amount of actual stream depletions replaced during the plan pumping period. Said amounts include the 2% of pumping beyond anticipated maximum post-pumping depletions for which Applicants are statutorily required to forego consumption. Applicants also reserve the right to substitute other legally available augmentation sources for such post pumping depletions upon further approval of the Court under its retained jurisdiction. Even though this reservation is made, under the Court’s retained jurisdiction, Applicants reserve the right in the future to prove that post pumping depletions will be noninjurious. The reserved Arapahoe and Laramie-Fox Hills nontributary water will be used to replace any injurious post-pumping depletions. Upon entry of a decree in this case, the Applicants will be entitled to apply for and receive a well permit for Hoffer Well No. 1 for the uses in accordance with this Application and otherwise in compliance with § 37-90-137, C.R.S. REMARKS. This Application is being filed in Water Divisions 1 and 2 because depletions from the pumping of the Upper Dawson aquifer may occur in both the South Platte and the Arkansas River systems. The return flows set forth herein will accrue to tributaries of the South Platte River system where the majority of such depletions will occur. Applicants request that the total amount of depletions to both the South Platte River and the Arkansas River systems be replaced to the South Platte River as set forth herein, and for a finding that those replacements are sufficient. Applicants request a finding that they have complied with § 37-90-137(4), C.R.S., and that the ground water requested herein is legally available for withdrawal by the requested not-nontributary wells upon the entry of a decree approving an augmentation plan pursuant to § 37-90- 137(9)(c.5), C.R.S. The term of this augmentation plan is for 100-years, however the length of the plan for a particular well may be extended beyond such time provided the total plan pumping allocated thereto is not exceeded. Post pumping stream depletions accrue to a particular well or wells only to the extent related to that well’s actual pumping. The Court will retain jurisdiction over this matter to provide for the adjustment of the annual amount of ground water withdrawals to be allowed in order to conform to actual local aquifer characteristics from adequate information obtained from well drilling or test holes. Pursuant to § 37-90-137, C.R.S., upon approval of the plan for augmentation requested herein, Applicants will file an application with the State Engineer’s office to permit the existing Hoffer Well No. 1 on Applicants’ approximately 36.728 acre property for operation under the plan for augmentation. The Applicants request a finding that vested water rights of others will not be materially injured by the withdrawals of ground water and the proposed plan for augmentation. The well(s) shall be installed and metered as reasonably required by the State Engineer. Each well must be equipped with a totalizing flow meter and Applicants shall submit diversion records to the Division Engineer on an annual basis or as otherwise requested by the Division Engineer. The Applicants shall also provide accountings to the Division

Engineer and Water Commissioner as required by them to demonstrate compliance under this plan of augmentation. The Applicants intend to waive the 600 feet well spacing requirement for any wells to be located upon the Applicants’ Property. Applicants will comply with any lienholder notice provisions set forth in C.R.S. § 37-92-302(2)(b) and § 37-90-137(4)(b.5)(I), and such notice will be sent within 14 days of the filing of this application.

THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED.

YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, 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 AUGUST 2015 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.