DISTRICT COURT, WATER DIVISION 1, COLORADO DECEMBER 2020 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 DECEMBER 2020 for each County affected. ***AMENDED*** 2019CW3246 FORT MORGAN FARMS, LLC, a Colorado limited liability company, and High Plains Grazing, LLC, a Colorado limited liability company, c/o Robert Graves, 5821 West County Road 54, Bellvue, CO 80512. John P. Justus and Karoline M. Henning, Hoskin Farina & Kampf, P.C., 200 Grand Avenue, Suite 400, Post Office Box 40, Grand Junction, Colorado 81502. FIRST AMENDED APPLICATION FOR CONDITIONAL WATER STORAGE RIGHTS IN WELD AND MORGAN COUNTIES. 2. Overview: In coordination with permitted sand and gravel mining on a property located at the confluence of the South Platte and Cache La Poudre Rivers, Fort Morgan Farms will have the right to develop the resulting gravel pits on the property into a reservoir complex (the “Fort Morgan Farms Reservoir Complex”). Each storage vessel will be constructed with soil-bentonite slurry-trench cutoff wall(s) and/or any other impermeable barrier(s) including, but not limited to, earth-berms and/or clay liners that have been designed, constructed and utilized to circumscribe, line and seal the former gravel pits, so that the water storage cells thus created meet and/or exceed the Construction and Performance Standards as set forth by the Office of the State Engineer in the “Design Standards” and the “Construction Standards” in the “State Engineer Guidelines for Lining Criteria for Gravel Pits,” dated August 1999, as it may be amended or restated from time to time. Applicants requests approval of a conditional junior water rights for the Fort Morgan Farms Reservoir Complex with respect to water to be diverted in priority from the South Platte and Cache La Poudre Rivers for use for the irrigation of Applicants’ lands or lands Fort Morgan Farms has negotiated a contractual right to purchase, which lands are described below and in paragraph 9.a of the Application, for delivery to recharge as described below and in paragraphs 9.b and 9.c of the Application, for the augmentation of structures and water rights used to irrigate Applicants’ lands or lands that Fort Morgan Farms has negotiated a contractual right to purchase, as more fully described below and in paragraphs 9.d and e. of the Application. The Fort Morgan Farms Reservoir Complex will also serve as a storage vessel for other lawfully diverted and stored water and water rights belonging to others with whom Fort Morgan Farms may contract, as may be provided by separate decree, administrative approval, or substitute water supply plan. 3. Name of Structure: Fort Morgan Farms Reservoir Complex, currently consisting of two planned reservoir cells. 4. Location of Complex: Fort Morgan Farms Reservoir Complex will consist of two storage vessels located in the South Half of Section 1, the North Half of Section 12, and the Southeast Quarter of the Northeast Quarter of Section 11, Township 5 North, Range 65 West, 6th P.M., which is at the confluence of the South Platte and Cache La Poudre Rivers. The currently proposed legal descriptions of each reservoir to be included in the Fort Morgan Farms Reservoir Complex are as follows: a. The centroid for Reservoir 1 is approximately located at UTM coordinates (NAD 83 datum, Zone 13) 532521.54 Easting, 4474256.87 Northing. This location is in the NW1/4 of the NW1/4, Section 12, Township 5 North, Range 65 West, 6th P.M. b. The centroid for Reservoir 2 is approximately located at UTM coordinates (NAD 83 datum, Zone 13) 533103.35 Easting, 4474528.59 Northing. This location is in the NW1/4 of the NE1/4, Section 12, Township 5 North, Range 65 West, 6th P.M. c. The outlets from the Fort Morgan Farms Reservoir Complex will be to both the Cache La Poudre River and to the South Platte River at the following approximate locations: i. Outlet to the Cache La Poudre River: 1. UTM: (NAD 83 datum, Zone 13) 533025.90 Easting, 4474761.13 Northing. 2. PLSS: SW1/4 of the SE1/4, Section 1,

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Township 5 North, Range 65 West, 6th P.M. ii. Outlet to the South Platte River: 1. UTM: (NAD 83 datum, Zone 13) 532998.40 Easting, 4473884.10 Northing. 2. PLSS: SW1/4 of the NE1/4, Section 12, Township 5 North, Range 65 West, 6th P.M. 5. Source(s): The Fort Morgan Farms Reservoir Complex will divert from both the South Platte River and the Cache La Poudre River. 6. Points of Diversion: The approximate points of diversion are as follows: a. Name: FMF Reservoir Complex South Platte River Diversion: i. Location: 1. UTM: (NAD 83 datum, Zone 13) 533048.5 Easting, 4473909.4 Northing. 2. PLSS: SW1/4 of the NE1/4 of Section 12, Township 5 North, Range 65 West, 6th P.M. b. Name: FMF Reservoir Complex Cache La Poudre River Diversion: i. Location: 1. UTM: (NAD 83 datum, Zone 13) 532696.9 Easting, 4474643.3 Northing. 2. PLSS: SE1/4 of the SW1/4 Section 1, Township 5 North, Range 65 West, 6th P.M. 7. Appropriation Information: a. Claimed Date of Appropriation: August 6, 2019. b. How appropriation was initiated: By the Applicants’ formation of the intent to appropriate paired with overt acts sufficient to manifest Applicants’ intent to appropriate water for beneficial use, demonstrating the taking of a substantial step towards the application of beneficial use, and constituting notice to interested parties of the nature and extent of the proposed demand on the water supply. Specifically, Applicants filed this application, and on or about August 6, 2019, Applicant undertook observable activities, and physical acts, including geophysical testing, drilling on the lands on which the reservoirs will be constructed, as well as mining preparation activities, that represent substantial steps and physical acts sufficient to place parties on notice. 8. Amount Claimed: a. Amount Claimed. Applicants are claiming a conditional water storage right of 12,000 acre-feet per year. The final constructed and available storage capacity of the Fort Morgan Farms Reservoir Complex may exceed this amount as a result of mining and reclamation have been completed, however, Applicants are only seeking conditional rights that may be stored in the reservoirs that comprise the Fort Morgan Farms Reservoir Complex in the amount above commensurate with their demonstrable non-speculative need. Applicants are not seeking a refill right in the same water year. b. Claimed Diversion Rates: i. FMF Reservoir Complex South Platte River Diversion: 100 cfs, conditional. ii. FMF Reservoir Complex Cache La Poudre River Diversion: 100 cfs, conditional. iii. Maximum Simultaneous Rate of Diversion will be: 200 cfs, conditional. 9. Proposed Uses: Irrigation, augmentation, and recharge. a. Applicants will use water available from the Fort Morgan Farms Reservoir Complex for irrigation of lands lying in the West Half of Section 30, and in the Northwest Quarter and the South Half of Section 31, Township 4 North, Range 58 West of the 6th P.M.; lands lying in the Northwest Quarter and the Northwest Quarter of the Northeast Quarter of Section 6, Township 3 North, Range 58 West of the 6th P.M.; and lands lying in the South Half and the Northeast Quarter of Section 25, the East Half of Section 29 lying north of the Bijou Creek, the South Half of Section 23, the Southeast Quarter of Section 22, the West Half of Section 21, the East Half of Section 20, the West Half of Section 16, and the South Half of Section 17, Township 4 North, Range 59 West of the 6th P.M. Water will be delivered to those lands after release from the Fort Morgan Farms Reservoir Complex by re-diversion from the South Platte River at either the Fort Morgan Farms Pumping Station or the Bijou Canal Headgate. i. The legal description for the Fort Morgan Farms Pumping Station, as described in the Decree entered on January 2, 2014 in Case No. 11CW40 by the District Court in and for Water Division 1 (the “11CW40 Decree”), is as follows: Pumping station diverting from the surface flow of the South Platte River located in section 18, Township 4 North, Range 58 West of the 6th P.M., at a point located between a point in the Southwest Quarter of the Northeast Quarter of Section 18, being 2,141 feet south of the north section line and 2,609 feet west of the east section line, and a point in the Northwest Quarter of the Southeast Quarter of said Section 18, being 2,899 feet south from the north section line and 1,663 feet west of the east section line. ii. The point of re-diversion at the Bijou Canal is by an existing ditch that diverts from the south side of the South Platte River at a point in the NE1/4 of the

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NE1/4 of Section 13, Township 4 North, Range 63 West, 6th P.M, Weld County, Colorado, at a point approximately 95 feet west from the east section line and 604 feet south from the north section line of Section 13. UTM Zone 13; NAD 83; Easting 552956, Northing 4463156. b. Applicant will use water available from the Fort Morgan Farms Reservoir Complex for groundwater recharge operations by release and subsequent rediversion at the Fort Morgan Farms Pumping Station described in the 11CW40 Decree for delivery to the recharge facilities described in paragraph 18 of the 11CW40 Decree. Recharge accretions generated from such deliveries will be calculated in accordance with the 11CW40 Decree and used for the purposes described therein. c. Further, Applicants will use water available from the Fort Morgan Farms Reservoir Complex for groundwater recharge operations by release and subsequent rediversion at the Fort Morgan Farms Pumping for delivery to the recharge facilities to be located in the South Half, the Northwest Quarter, and the West Half of the Northeast Quarter of Section 24, the South Half of Section 23, the Southeast Quarter of Section 22, the Northeast Quarter of Section 27, the North Half and the West Half of the Southwest Quarter of Section 26, and the West Half of the Northwest Quarter of Section 35, Township 4 North, Range 59 West of the 6th P.M., however, such use must authorized by a subsequent application to the Water Court approving such recharge operations. Any recharge credits from such operations would be for used for the purposes described below and in paragraphs 9.d. and 9.e. of the Application. d. Applicants will use water available from the Fort Morgan Farms Reservoir Complex, including recharge credits generated from delivery to the recharge facilities operating pursuant to the 11CW40 Decree, for replacement of depletions in the following plans for augmentation, pursuant to the terms and conditions of those decrees: (1) The plan for augmentation approved in the Decree entered on September 16, 2008 in Case No. 2000CW261 by the District Court in and for Water Division 1 (“00CW261 Decree”); (2) the plan for augmentation approved in the Decree entered on November 13, 2013 in Case No. 2007CW291 by the District Court in and for Water Division 1 (“07CW291 Decree”); and (3) the plan for augmentation approved in the Decree entered on October 10, 2018 in Case No. 2008CW104 by the District Court in and for Water Division 1 (“08CW104 Decree”). e. Applicants will use water available from the Fort Morgan Farms Reservoir Complex, including recharge accretions generated by delivery to the facilities described in the 11CW40 Decree and calculated in accordance with that decree, or any subsequently approved recharge facilities as described above and in paragraph 9.c. of the Application, for augmentation of, or supplemental augmentation of, structures legally permitted and/or decreed for the irrigation of the following lands that are either owned by Applicants, or under contract/option for purchase by Applicants, pursuant to a separately decreed plan or plans for augmentation: i. Approximately 2,810 acres of irrigated or irrigable land lying in the Northwest Quarter of Section 4, Township 3 North, Range 58 West, 6th P.M.; the West Half of Section 16, and the South Half of Section 17, the South Half of Section 23, the Southeast Quarter of Section 22, the West Half of Section 21, Section 20, the Northeast Quarter of Section 25, the Northeast Quarter and the North Half of the Southeast Quarter of Section 29, and the Southwest Quarter of Section 31, Township 4 North, Range 59 West, 6th P.M.; lands lying in the North Half of Section 36, the Southeast Quarter of Section 26, and the Northwest Quarter of Section 25, Township 4 North, Range 60 West, 6th P.M.; and lands lying in the Northwest Quarter of Section 6, Township 3 North, Range 59 West, 6th P.M. 10. Reservoir Surface Area: The maximum combined surface area at the high-water line of the reservoirs comprising the Fort Morgan Farms Reservoir Complex is anticipated to be 179 acres (Reservoir 1 – 69 Acres, Reservoir 2 – 110 Acres), when completed, though portions of storage capacity will be completed in stages. 11. Reservoir Capacity. The estimated maximum total capacity of the Fort Morgan Farms Reservoir Complex is 12,000 acre-feet, all of which shall be active storage, and none of which is dead storage based on Applicants’ planned use of a pumping system from the reservoirs to the outlets. 12. Owners

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of the land on which the storage complex and diversion structures will be located: DPG Farms, LLC, a Colorado limited liability company, whose principal office address is 3300 S Parker Rd. #300, Aurora, CO 80014, is the owner of the land on which the Fort Morgan Farms Reservoir Complex and its diversion structures will be located. 13. Owners of the land on which the re-diversion structures are located or will be located: a. Mark A & David E. Arndt, 13091 Hwy 144, Fort Morgan, CO 80701, own the lands where the Fort Morgan Farms Pumping Station is to be located. b. Bijou Irrigation Company, 15551 Highway 34, P.O. Box 972, Fort Morgan, CO 80701, owns or has pre-existing right to use the land on which the Bijou Canal, including its headgate, are located. c. TH Ranch LLC, P.O. Box 189 Kersey, CO 80644, also appears to own land on which the Bijou Canal Headgate and diversion structure are located. The Application is 7 pages.

***AMENDED*** 20CW3156. The Connie A. Tomky Revocable Trust and the Harvey D. Tomky Revocable Trust, 11924 Morgan County Rd X.5 Weldona, CO 80653; Ryan M. Donovan, Wesley S. Knoll, Lawrence Custer Grasmick Jones & Donovan, LLP, 5245 Ronald Reagan Blvd, Suite 1, Johnstown, CO 80534; Email: [email protected]; [email protected]; in WELD AND MORGAN COUNTIES. AMENDED APPLICATION FOR SURFACE WATER RIGHTS, CHANGE OF WATER RIGHTS AND PLAN FOR AUGMENTATION; CHANGE OF WATER RIGHTS 2. Name of Water Rights to be Changed: 16 shares of Riverside Reservoir and Land Company. 2.1. Name of Structures: The Riverside Canal and Riverside Reservoir 2.2. Date of Original Decrees. Case No. 2142 & 8492, January 15, 1914; Case No. 16704 2.3 Legal Description of Decreed Location: The Riverside Canal headgate is located in the SW 1/4 of the SW 1/4 of Section 20, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado 2.4 Source: South Platte River 2.5 Appropriation Dates and Amounts: April 1, 1902—16,070 acre-feet; August 1, 1907—41,437 acre-feet; October 25, 1910—5,795 acre-feet; October 25, 1910—1706 acre-feet; December 31, 1929—56,325 acre-feet 2.6. Decreed Use: Irrigation. 2.7. Amount of water that Applicant intends to change: 16 shares of Riverside Reservoir and Land Company (“Riverside Shares”). 3. Historical Use: The Shares were used as a supplemental supply on approximately 280 acres in the East 1/2 of Section 12, Township 4 North, Rant 58 West of the 6th P.M.; the South 1/2 of Section 9, Township 4 North, Range 58 West of the 6th P.M.; the North 1/2 of Section 10, Township 4 North, Range 58 West of the 6th P.M.; and the Southwest 1/4 of Section 6, Township 4 North, Range 58 West of the 6th P.M. 4. Proposed Change: In addition to the decreed irrigation use, Applicant intends to add storage at Tomky Ponds 1 through 4, as described herein, for recreation and fish propagation uses, as well as replacement and augmentation uses. Applicant will replace historical return flows with the sources described in this Application, including a portion of the deliveries from Riverside Shares. CLAIM OF ABSOLUTE DIRECT FLOW WATER RIGHTS 5. Name of Structure: Tomky Spring No. 1. 5.1. Location. In the NE 1/4 of SW 1/4 of Section 6, Township 4 North, Range 58 West of the 6th P.M. At: 40°20’25.02” N 103°54’52.99” W. 5.2. Appropriation Date. December 31, 1974. 5.3. Amount Claimed. 1 c.f.s. 5.4. Source. Unnamed springs tributary to the South Platte River. 5.5. Uses: Recreational and fish propagation within Tomky Ponds 1 through 4, storage, replacement, irrigation and augmentation. 6. Name of Structure: Tomky Spring No. 2. 6.1. Location. In the NE 1/4 of SW 1/4 of Section 6, Township 4N, Range 58W of the 6th P.M. At: 40°20’20.88” N 103°54’51.99” W. 6.2. Appropriation Date. September 30, 1974. 6.3. Amount Claimed. 1 c.f.s. 6.4. Source. Unnamed springs tributary to the South Platte River. 6.5. Uses: Recreational and fish propagation within Tomky Ponds 1 through 4, storage, replacement, irrigation and augmentation. 7. Name of Structure: Tomky Spring No. 3. 7.1. Location. NE 1/4 of SW 1/4 of Section 6, Township 4N, Range 58W of the 6th PM. At: 40°20’20.88” W 103°54’51.34” W. 7.2. Appropriation Date. September 30, 1974. 7.3. Amount Claimed. 1 c.f.s. 7.4. Source. Unnamed spring tributary to the South Platte River. 7.5. Uses: Recreational and fish propagation within Tomky Ponds 1 through 4, storage, replacement, irrigation and augmentation. CLAIM FOR ABSOLUTE WATER STORAGE RIGHTS 8. Name of Storage Structure: Tomky Pond 1. 8.1. Legal Description of Location: In the NE 1/4 of SW 1/4 of Section 6, Township 4 North, Range 58 West of the 6th P.M. 8.2. Sources: Water tributary to the South Platte River from Tomky

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Spring No. 1 through 3. 8.3. Points of Diversion: Tomky Spring No. 1 through 3. 8.4. Appropriation Date: October 31, 2009 8.5. How Appropriation Was Initiated: Construction of Tomky Pond 1 and storage of water. 8.6. Amount of Storage Right Claimed: 20.3 acre-feet. 8.7. Uses: Recreation and piscatorial uses within the storage cell, irrigation, replacement and augmentation. 9.1. Name of Storage Structure: Tomky Pond 2. 9.1. Legal Description of Location: In the NE 1/4 and SE 1/4 of SW 1/4 of Section 6, Township 4N, Range 58W of the 6th P.M. 9.2. Sources: Water tributary to the South Platte River from Tomky Spring No. 1 through 3. 9.3. Points of Diversion: Tomky Spring No. 1 through 3. 9.4. Appropriation Date: August 31, 2007 9.5. How Appropriation Was Initiated: Construction of Tomky Pond 2 and storage of water. 9.6. Amount of Storage Right Claimed: 21.59 acre-feet. 9.7. Uses: Recreation and piscatorial uses within the storage cell, irrigation, replacement and augmentation. 10. Name of Storage Structure: Tomky Pond 3. 10.1. Legal Description of Location: SE 1/4 of SW 1/4 of Section 6, Township 4N, Range 58W of the 6th PM. 10.2. Sources: Water tributary to the South Platte River from Tomky Spring No. 1 through 3. 10.3. Points of Diversion: Tomky Spring No. 1 through 3. 10.4. Appropriation Date: September 30, 1974 10.5. How Appropriation Was Initiated: Construction of Tomky Pond 3 and storage of water. 10.6. Amount of Storage Right Claimed: 23.95 acre-feet. 10.7. Uses: Recreation and piscatorial uses within the storage cell, irrigation, replacement and augmentation. 11. Name of Storage Structure: Tomky Pond 4. 11.1. Legal Description of Location: SE 1/4 & SW 1/4 of SW 1/4 of Section 6, Township 4N, Range 58W of the 6th PM. 11.2. Sources: Water tributary to the South Platte River from Tomky Spring No. 1 through 3. 11.3. Points of Diversion: Tomky Spring No. 1 through 3. 11.4. Appropriation Date: October , 2011 11.5. How Appropriation Was Initiated: Construction of Tomky Pond 4 and storage of water. 11.6. Amount of Storage Right Claimed: 5.1 acre-feet. 11.7. Uses: Recreation and piscatorial uses within the storage cell, irrigation, replacement and augmentation. APPLICATION FOR PLAN OF AUGMENTATION 12. Statement of Plan for Augmentation: Applicants will augment out-of-priority diversion of water from Tomky Springs 1 through 3, which is tributary to the South Platte River. 13. Structures to be Augmented: 13.1. Out-of- priority diversion and storage of Tomky Spring 1. 13.2. Out-of-priority diversion and storage of Tomky Spring 2. 13.3. Out-of-priority diversion and storage of Tomky Spring 3. 14. Replacement Sources: 14.1. Riverside Shares described in this Application. 14.2. Water stored in priority in Tomky Ponds 1 through 4. 14.3. Recharge credits available to Applicant from the recharge plan decreed in Case Nos. W2919, 86CW386, 87CW052, 88CW221, 88CW239, 88CW264(A), 89CW027, 90CW189 and 02CW86 14.4. Applicant may lease, purchase, or otherwise acquire and use additional replacement and augmentation supplies in this plan, and claims the right to do so without amending and republishing this application if such additional supplies are decreed by the Water court or approved by the State Engineer’s Office for augmentation. 15. Applicant reserves the right to operate pursuant to C.R.S. §37-92-308 and successor statutes. Applicant reserves the right to identify additional structures to be augmented and to add or remove structures and augmentation supplies from the plan for augmentation described herein. 16. Names and addresses of owners, if other than Applicant, of land on which structures are located: 16.1. Riverside Irrigation District and Riverside Reservoir and Land Company, 221 E. Kiowa Street, Fort Morgan, CO 80701. This Amended Application consists of six (6) pages.

20CW3191 KENT N. HULL, 303 GRINDSTONE ROAD, WEATHERFORD, TX 76087 (All inquiries to: Ric N. Morgan LLC, Atty. Reg #34831 P.O. Box 131, Elbert, CO 80106 (303) 520-6088 [email protected] APPLICATION UNDERGROUND WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION, IN THE DENVER BASIN AQUIFERS IN ELBERT COUNTY. Property Description: approximately 146.1 ac in the SW 1/4, S31, T9S, R64W, 6th PM in Elbert County. 2. Applicant seeks to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a 146.1 acre tract of land lying in the SW 1/4, S31, T9S, R64W of the 6th PM, including the Dawson, Denver, Arapahoe and Laramie Fox Hills aquifers. 3. Source: Groundwater tributary to Running Creek, tributary to the South Platte River. The groundwater to be withdrawn from the Dawson aquifer is not nontributary (NNT) as described in Sections 37-90-103(10.7), C.R.S. and 37-90-137(9)(c), C.R.S., and the source of the groundwater to be withdrawn from the Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary (NT) as described in Section 37-90-103(10.5), C.R.S. 4. 5

Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6 and the DWR Groundwater Determination Tool. Applicant estimates the following amounts are representative of the subject aquifers underlying the Subject Property: Upper Dawson, 62.6 acre-feet (NNT), Lower Dawson, 32.6 acre-feet (NT), Denver, 58.4 acre-feet (NT), Arapahoe, 59.8 acre-feet (NT), Laramie-Fox Hills, 44.1 acre-feet (NT), totaling 257.5 acre-feet. Decreed amounts may vary from the above to conform with the State’s Determination of Facts. 5. Well Field: Applicant requests that this Court determine that Applicant has the right to produce the full legal entitlement from the Denver Basin aquifers lying below the Subject Property, through wells which may be located anywhere on the Subject Property, and any additional wells which may be completed in the future as Applicant's well fields. Application will be made for well permits prior to construction of any additional wells in accordance with Section 37-90-137(10), C.R.S. Applicants will reserve part of the Upper Dawson aquifer for use through exempt wells. Applicant waives any 600 foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. 6. Proposed Use: All beneficial uses of water recognized under Colorado law, including, without limitation, domestic, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage on the Subject Property. 7. Description of Plan of Augmentation: A. Groundwater to be Augmented: 7.0 acre-feet of Upper Dawson aquifer water per year. B. Water Rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary groundwater. C. Statement of Plan of Augmentation: The 7.0 acre-feet Upper Dawson aquifer groundwater will be used for domestic purposes through one or more wells, on the Subject Property for each of two residences, each residence with the following uses: in-house use (1.0 ac-ft per year), irrigation of lawn, garden, trees and greenhouses (1.0 ac-ft per year), stock watering of up to 100 head of stock (1.0 ac-ft per year), and use in barns and agricultural production facilities (1.0 ac-ft/year), and fire protection (0.5 ac-ft per year. Combined total for the two residences is 7.0 acre-feet per year. Applicant reserves the right to amend the amount and uses without amending the application or republishing the same. Sewage treatment for in-house use will be provided by non-evaporative septic systems. Return flow from in-house use will be approximately 90% of that use, and return flow from outside irrigation use and use in barns will be approximately 15% of that use. During pumping Applicant will replace actual depletions pursuant to C.R.S. § 37-90-137(9)(c.5). Depletions occur to the Running Creek stream system and return flows accrue to the South Platte River via Running Creek and are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicant will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post pumping augmentation requirements. Applicants request the court approve the above underground water rights, find that Applicants have complied with C.R.S. § 37-90-137(4) and water is legally available for withdrawal, find there will be no material injury to the owners of or persons entitled to use water under any vested water right or decreed conditional water right, and grant such other and further relief as is appropriate. Farm Credit of Southern Colorado is a lienholder on the property. The Applicant will notify the lienholder no later than 14 days after filing this application, and file such certification with the Court, in accordance with C.R.S. §37-92- 302(2)(b) and §37-90-137(4)(b.5)(I). Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (4 Pages)

20CW3192 KENT N. HULL, 303 GRINDSTONE ROAD, WEATHERFORD, TX 76087 (All inquiries to: Ric N. Morgan LLC, Atty. Reg #34831 P.O. Box 131, Elbert, CO 80106 (303)520-6088 [email protected] APPLICATION UNDERGROUND WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION, IN THE DENVER BASIN AQUIFERS IN ELBERT COUNTY. Property Description: approximately 160 ac in the SE 1/4, S32, T9S, R64W, 6th PM in Elbert County. 2. Applicant seeks to adjudicate the non-tributary and not nontributary Denver Basin groundwater underlying a 160-acre tract of land lying in the SW 1/4, S31, T9S, R64W of the 6th PM, including the Dawson, Denver, Arapahoe and Laramie Fox Hills aquifers. There is one existing Upper Dawson exempt well on the Subject Property registered under well permit number #111389. Application will be made for well permits prior to construction of any additional wells in accordance with Section 37-90-137(10), C.R.S. 3. Source: 6

Groundwater tributary to Running Creek, tributary to the South Platte River. The groundwater to be withdrawn from the Dawson aquifer is not nontributary (NNT) as described in Sections 37-90-103(10.7), C.R.S. and 37-90-137(9)(c), C.R.S., and the source of the groundwater to be withdrawn from the Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Subject Property is nontributary (NT) as described in Section 37-90-103(10.5), C.R.S. 4. Estimated Amounts: The estimated average annual amounts of withdrawal available from the subject aquifers as indicated below, are based upon the Denver Basin Rules, 2 C.C.R. 402-6 and the DWR Groundwater Determination Tool. Applicant estimates the following amounts are representative of the subject aquifers underlying the Subject Property: Upper Dawson, 51.0 acre-feet (NNT), Lower Dawson, 31.9 acre-feet (NT), Denver, 65.0 acre-feet (NT), Arapahoe, 64.2 acre-feet (NT), Laramie-Fox Hills, 49.9 acre-feet (NT), totaling 262.0 acre-feet. Decreed amounts may vary from the above to conform with the State’s Determination of Facts. 5. Well Field: Applicant requests that this Court determine that Applicant has the right to produce the full legal entitlement from the Denver Basin aquifers lying below the Subject Property, through wells which may be located anywhere on the Subject Property, and any additional wells which may be completed in the future as Applicant's well fields. Applicants will reserve part of the Upper Dawson aquifer for use through exempt wells. Applicant waives any 600-foot spacing rule as described in Section 37-90-137(2), C.R.S. for wells located on the Subject Property. 6. Proposed Use: All beneficial uses of water recognized under Colorado law, including, without limitation, domestic, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage on the Subject Property. 7. Description of Plan of Augmentation: A. Groundwater to be Augmented: 7.0 acre-feet of Upper Dawson aquifer water per year. B. Water Rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary groundwater. C. Statement of Plan of Augmentation: The 7.0 acre-feet Upper Dawson aquifer groundwater will be used for domestic purposes through one or more wells, on the Subject Property for each of two residences, each residence with the following uses: inhouse use (1.0 ac-ft per year), irrigation of lawn, garden, trees and greenhouses (1.0 ac-ft per year), stock watering of up to 100 head of stock (1.0 ac-ft per year), and use in barns and agricultural production facilities (1.0 ac-ft/year), and fire protection (0.5 ac-ft per year. Combined total for the two residences is 7.0 acre-feet per year. Applicant reserves the right to amend the amount and uses without amending the application or republishing the same. Sewage treatment for in-house use will be provided by non-evaporative septic systems. Return flow from in-house use will be approximately 90% of that use and return flow from outside irrigation use and use in barns will be approximately 15% of that use. During pumping Applicant will replace actual depletions pursuant to C.R.S. § 37-90-137(9)(c.5). Depletions occur to the Running Creek stream system and return flows accrue to the South Platte River via Running Creek and are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicant will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post pumping augmentation requirements. Applicants request the court approve the above underground water rights, find that Applicants have complied with C.R.S. § 37-90-137(4) and water is legally available for withdrawal, find there will be no material injury to the owners of or persons entitled to use water under any vested water right or decreed conditional water right, and grant such other and further relief as is appropriate. Farm Credit of Southern Colorado is a lienholder on the property. The Applicant will notify the lienholder no later than 14 days after filing this application, and file such certification with the Court, in accordance with C.R.S. §37-92- 302(2)(b) and §37-90-137(4)(b.5)(I). Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (4 Pages)

20CW3193 1. APPLICANT: CITY OF THORNTON, INFRASTRUCTURE DEPARTMENT, DIVISION OF WATER RESOURCES, 12450 N. Washington St., Thornton, CO 80241, 720-977-6600. Joanne Herlihy, Esq., City of Thornton, 9500 Civic Center Dr., Thornton, CO 80229, (303) 538-7210. VERIFIED APPLICATION FOR SEXENNIAL FINDING OF REASONABLE DILIGENCE IN ADAMS AND JEFFERSON COUNTIES. 2. Name of Exchange. 2.1. Clear Creek – South Platte

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Exchange (Burlington—Wellington Shares) 3. Description of conditional water right. At any time when, there is a call senior to March29, 1983 on the South Platte River downstream from the confluence of the South Platte River and Clear Creek (“Confluence”), located in Section 36, Township 2 South, Range 68 West of the 6th P.M., in Adams County, Colorado, and at no other times, Thornton shall be entitled to deliver water to the Confluence by foregoing diversions or making releases under the water exchange right identified in Paragraph 2.1 as more specifically described below: 3.1. Clear Creek – South Platte Exchange (Burlington—Wellington Shares). 3.1.1. Point of Diversion by Exchange. 3.1.1.1. Lower Clear Creek Ditch, the headgate of which is located on the left bank of Clear Creek in Section 4, Township 3 South, Range 68 West, of the 6th P.M., in Adams County, Colorado. Water diverted through the Lower Clear Creek Ditch under the exchange decreed in 83CW81 shall be used by direct use and by storage in, and subsequent release from, West Gravel Lakes, located in Section 30, Township 2 South, Range 67 West of the 6th P.M., and Sections 25 and 26, Township 2 South, Range 68 West of the 6th P.M., all in Adams County, Colorado. 3.1.2.Substitute Supplies and Methods of Release. 3.1.2.1. Water rights represented by shares and pro rata water rights owned by Thornton in the Burlington Ditch, Reservoir and Land Company (“Burlington Company”) at the time of the application made in Case No. 83CW81 as identified in Attachments A and B thereto, reattached hereto and incorporated herein by reference. Thornton’s Burlington Company water rights shall be made available to the South Platte River at the Confluence as sources of substitute supply under this exchange by turning water out of the Burlington Ditch and/or making releases from storage in Duck Lake and/or Tani Lakes (a.k.a. East Gravel Lakes). 3.1.2.2. Water rights represented by shares and pro rata water rights owned by Thornton in the Wellington Reservoir Company at the time of the application made in Case No. 83CW81 as identified in Attachments C and D thereto, reattached hereto and incorporated herein by reference. Thornton’s Wellington Reservoir Company water rights shall be made available to the South Platte River at the Confluences as sources of substitute supply under this exchange by turning water out of the Burlington Ditch and/or making releases from storage in Wellington Reservoir and/or Tani Lakes (a.k.a. East Gravel Lakes). 3.1.3. Appropriation Date. March 29, 1983. 3.1.4. Source. The source of the Points of Diversion by Exchange is Clear Creek. The source of substitute supplies is the South Platte River. 3.1.5. Amount. Up to 49.5 cfs, CONDITIONAL. 3.1.6. Uses. All municipal uses, including domestic, mechanical, manufacturing, industrial, power generation, fire protection, use for sewage treatment, street sprinkling, irrigation of parks, lawns and grounds, recreation, piscatorial, agricultural uses within the Thornton service area, maintenance and preservation of wildlife and aesthetic values, and replacement, adjustment and regulation, including exchange and augmentation, of among and with units of the Thornton municipal water system and other water users and other water rights. At times, not all of the water delivered to the Confluence under the replacement Water Rights will be water which Thornton has the right to fully consume. Thornton shall at all times be entitled to consume the same amount of water diverted under the Exchanges as the amount of decreed fully consumable water being simultaneously delivered to the Confluence under the Replacement Water Rights. Thornton shall be limited to only one use of water diverted under the Exchanges in the same amount as decreed single-use water is simultaneously delivered to the Confluence under the Replacement Water Rights. To the extent that Thornton has the decreed right to fully consume water diverted under the Exchanges, Thornton shall be entitled to fully consume such water by direct use, storage and subsequent release, reuse, successive use, further exchange and disposition. 3.2. Subsequent decrees awarding findings of diligence: Since the Original Decree was entered November 9, 1990, timely applications for findings of reasonable diligence have been filed in accordance with Colorado law and the following diligence decrees have been entered: 3.2.1. Case No. 96CW278 (January 7, 1998), District Court, Water Division 1. 3.2.2. Case No. 04CW15

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(November 14, 2007), District Court, Water Division 1. In Case No. 04CW15, the Court decreed 21.70 cfs of the Clear Creek – South Platte Exchange (South Park water rights) absolute and entered a finding of diligence on the remaining 33.08 cfs and continued the right as conditional. 3.2.3. Case No. 13CW3135 (December 3, 2014), District Court, Water Division 1. In Case No. 13CW3135, upon notice of abandonment by Thornton, the Court ordered the remaining conditional portion (33.08 cfs) of the Clear Creek – South Platte Exchange (South Park water rights) abandoned. The Court entered a finding of diligence on the Clear Creek – South Platte Exchange (Burlington—Wellington Shares) and continued the 49.5 cfs right as conditional. 4. Detailed outline of what has been done toward completion, including expenditures: From December 1, 2013 through December 31, 2020, Thornton performed the following work and incurred the following costs, all or in part, concerning the remaining conditional portion of the Clear Creek – South Platte Exchange (Burlington—Wellington Shares), including work and expenditures on specific structures integral to the diversion and use of the Clear Creek – South Platte Exchange (Burlington—Wellington Shares), and on Thornton’s integrated water supply system within which the Clear Creek – South Platte Exchange (Burlington—Wellington Shares) will be placed to beneficial use. The work done and costs incurred set forth below are illustrative and not exhaustive and Thornton reserves the right to present evidence of additional diligence costs and activities. 4.1.1. Ditch Company Assessments: Thornton paid approximately $234,000 for its share ownership in the Burlington Company and the Wellington Reservoir Company. Thornton paid approximately $788,000 in assessments and carriage fees for its share ownership and contract rights in the Lower Clear Creek Ditch Company and Colorado Agricultural Ditch Company. 4.1.2. West Gravel Lake Pump Station: Thornton has spent approximately $126,000 on several critical electrical upgrades at the West Gravel Lakes pump station. 4.1.3. Water Quality Sampling Program: During the relevant diligence period, Thornton spent a total of approximately $1,020,000 on water quality monitoring and sampling of its Clear Creek raw water collection system including the West Gravel Lakes. 4.1.4. Wes Brown Water Treatment Plant (WBWTP) Projects: The water rights subject of the exchange can be treated at WBWTP prior to being distributed to Thornton customers. During the diligence period, several projects occurred at the WBWTP including membrane replacement, clarifier repairs, and process improvements. Approximately $11.5 million was spent on these projects. 4.1.5. Thornton Water Treatment Plant (TWTP) Projects: The water rights subject of the exchange can be treated at TWTP prior to being distributed to Thornton customers. During the diligence period, Thornton spent approximately $94.6 million toward the construction of the new Thornton Water Treatment Plant. 4.1.6. Water Court: The City has actively participated in water court proceedings, and has appeared in approximately 109 water court cases as an objector in order to protect the water rights decreed in Case No. 81CW451. Legal and engineering costs incurred relating to the protection of Thornton’s Clear Creek and South Platte River water rights portfolio, including the Clear Creek – South Platte Exchange (Burlington—Wellington Shares) right, during the diligence period spent in excess of $600,000. 5. Claim to make absolute: N/A. 6. Names and addresses of owners of land upon which new diversion or storage structures will be built, owners of existing structures which may require modification and owners of land upon which water is or will be stored: No new diversion or storage structures are necessary and no existing structures need modification for operation of this water right. Applicant is the owner of land upon which water is or will be stored under this decree. WHEREFORE, Applicant respectfully requests entry of a judgment and decree of this Court that: 1. The Applicant has diligently pursued completion of the remaining conditional portion of the Clear Creek – South Platte Exchange (Burlington—Wellington Shares) decreed in Case No. 83CW81, and that such remaining portion of the subject water right to be continued as a conditional water right for a period of six

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years after entry of the Court’s decree herein; and 2. For such other relief as the Court deems just and proper. (7 pages).

20CW3194 (13CW3146) TOWN OF MILLIKEN, c/o Cheryl, Powell, Town Administrator, 1101 Broad Street, P.O. Box 290, Milliken, Colorado 80543, Telephone: (970) 660-5047, [email protected]. Please serve all pleadings on: Scott Holwick, Kara Godbehere, Lyons Gaddis, P.O. Box 978, Longmont, Colorado 80502-0978, Telephone (303) 776-9900. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN PART in WELD COUNTY. 2. Names of Structures: A. Settlers Village Recharge Well No. 2 B. Settlers Village Alluvial Drain Collection System C. Colony Pointe Alluvial Drain Collection System D. Centennial Farms Alluvial Drain Collection System 3. Description of Conditional Water Rights: A. Date of original decree: Case No. 13CW3146, District Court for Water Division No. 1, corrected decree entered December 15, 2014. B. Subsequent decrees awarding findings of diligence: N/A. C. Legal descriptions of structure locations (each location is depicted in Figure No. 1): i. Settlers Village Recharge Well No. 2: In the SE1/4, NE1/4 Section 12, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado approximately 2235 feet south and 1040 feet west of the northeast corner of said section. ii. Settlers Village Alluvial Drain Collection System: In the NW1/4, SE1/4 Section 12, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado approximately 2100 feet north and 2500 feet west of the southeast corner of said section. iii. Colony Pointe Alluvial Drain Collection System: In the SW1/4, SW1/4 Section 12, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado approximately 700 feet north and 800 feet east of the southwest corner of said section. iv. Centennial Farms Alluvial Drain Collection System: In the NE1/4, NE1/4 Section 14, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado approximately 660 feet south and 1310 feet west of the northeast corner of said section. D. Sources of water: i. Settlers Village Recharge Well No. 2: Groundwater tributary to the South Platte River and groundwater collected via the Settlers Village Alluvial Drain Collection System. ii. Settlers Village Alluvial Drain Collection System: Groundwater tributary to the South Platte River. iii. Colony Pointe Alluvial Drain Collection System: Groundwater tributary to the South Platte River. iv. Centennial Farms Alluvial Drain Collection System: Groundwater tributary to the South Platte River. E. Appropriation date: November 13, 2013. F. Amounts: i. Settlers Village Recharge Well No. 2: 1500 gpm (conditional) ii. Settlers Village Alluvial Drain Collection System: 1500 gpm (conditional) iii. Colony Pointe Alluvial Drain Collection System: 1500 gpm (conditional) iv. Centennial Farms Alluvial Drain Collection System: 1500 gpm (conditional) G. Decreed uses: Irrigation within the Town of Milliken service area as it now exists or may exist in the future, recreation, recharge, wildlife, piscatorial, and fire protection. 4. Integrated System: The conditional water rights are each components of Applicant’s integrated municipal water supply system, such integrated system being comprised of several different water rights, features, and facilities as provided in § 37-92-301(4)(b), C.R.S. Work done on one or more features of this integrated system constitutes effort toward development of the water rights for all features facilities of this system as provided under § 37-92- 301(4)(b), C.R.S. 5. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to the beneficial uses as conditionally decreed, including expenditures: During the period from December 15, 2014 to the present (“Diligence Period”), the Applicant has engaged in the activities described below which collectively support its claim for a finding of diligence and to continue the decreed conditional water rights subject of this case. A. Applicant continues to operate the plan for augmentation decreed in Case No. 02CW339 (“Aug Plan”) under which the structures described in ¶2 are included, and under which the Settlers Village Recharge Well No. 2 and the Settlers Village Alluvial Drain Collection System were each constructed and have been operated. B. Applicant obtained a decree in Case No. 15CW3004, District Court for Water Division No. 1, on December 9, 2015, for two new RO wells that are included in the Aug Plan. C. Applicant obtained a decree in Case No. 15CW3164, District Court for Water Division No. 1, on July 29, 2016, to correct the location from a previously decreed well that is included in the Aug Plan. D. Applicant obtained a decree in Case No. 15CW3134, District Court for Water Division No. 1, on March 25, 2016, continuing the conditional water rights decreed in its Aug Plan for another diligence cycle. E. Applicant obtained a decree 10

in Case No. 16CW3150, District Court for Water Division No. 1, on January 18, 2018, for three new irrigation wells that are included in the Aug Plan. F. Applicant has expended more than $5,600,000 to operate, repair, and improve its municipal water system infrastructure, including but not limited to the following: i. Applicant constructed Settlers Village Recharge Well No. 2 and Settlers Village Alluvial Drain Collection System; ii. Applicant reconfigured and updated its RO treatment facility which included substantial analysis to select the appropriate option(s) to complete the upgrade; iii. Applicant designed and installed a 1,000,000 gallon potable water tank, three irrigation wells, and two recharge wells to optimize blending its water supply consistent with the RO treatment facility upgrade; iv. Applicant designed and installed an emergency potable water cross connect to irrigate its fields, as needed; and v. Applicant designed and constructed the North Centennial Bypass Pipeline to provide operational flexibility for its augmentation obligations under its Aug Plan. G. Applicant acquired an additional 209 units of Colorado – Big Thompson units to increase its raw water supplies. H. Applicant renegotiated its raw water supply contracts with the City of Greeley and the Central Weld County Water District. I. Applicant reviewed and commenced renegotiating its First Use Agreement with the Central Colorado Water Conservancy District. J. Applicant expended more than $300,000 conducting a preliminary rehabilitation analysis for the Little Thompson Reservoir, and engaged stakeholders in the proposed project. K. Applicant has participated as an opposer in water court cases in order to prevent injury to its water rights, including the conditional water rights identified herein. 6. Claims to Make Absolute in Part (pumping data supporting claims is provided in Attachment No. 1): A. Settlers Village Recharge Well No. 2: 563.80 gpm (absolute) on April 7, 2017; 936.20 (conditional) B. Settlers Village Alluvial Drain Collection System: 381.91 gpm (absolute) on April 7, 2017; 1118.09 gpm (conditional) C. Supporting Evidence for Claims to Make Absolute in Part: Applicant has compared its pumping records with call records maintained by the Division of Water Resources. Applicant pumped the amounts claimed absolute herein, augmented the out-of-priority depletions therefrom under the Aug Plan, and applied the same to irrigation of parcels located within the Town of Milliken service area and to recharge uses in April of 2017. Additionally, water from these two rights was stored in North Centennial Lake (depicted in Figure No. 1) for recharge and piscatorial use. 7. Owner(s) of land upon which the structures are or will be located: Applicant. 8. Applicant reserves the right to base its absolute claims on any diversions and uses of the structures subject of this application that occur after its filing and prior to the entry of a decree. WHEREFORE, Applicant respectfully requests the Court enter a decree finding that Applicant has made the amounts claimed absolute herein for the Settlers Village Recharge Well No. 2 and the Settlers Village Alluvial Drain Collection System absolute for irrigation, recharge, and piscatorial use, and also finding that Applicant has been reasonably diligent in maintaining the remaining conditional water rights claimed herein. DATED: December 17, 2020. Application is 6 pages with two exhibits.

20CW3195 J. BRIAN AND KIM PABST AND THE LOWER PLATTE AND BEAVER CANAL COMPANY, J. Brian & Kim Pabst, 24585 County Road 35.5, Hillrose, CO 80733, Lower Platte & Beaver Canal Company, P.O. Box 190, Hillrose, CO 80733. Please direct all correspondence concerning this application to: Peter J. Ampe, Esq., Hill & Robbins, P.C., 1660 Lincoln St., Suite 2720, Denver, CO, 80264; telephone number 303-296-8100, email: [email protected]. APPLICATION FOR CONDITIONAL UNDERGROUND WATER RIGHT AND APPLICATION TO ADD WELL TO LOWER PLATTE & BEAVER PLAN FOR AUGMENTATION DECREED IN CASE NO. 03CW443 IN MORGAN AND WASHINGTON COUNTIES. INTRODUCTION: The well that is the subject of this application does not currently exist. Applicants have not yet applied for any permits to drill the well that is the subject of this application. A well permit will be applied for prior to the construction of the well. Applicants request that the Court require the State Engineer to issue well permits for any such well in accordance with the decree to be entered herein. Applicants further request a determination that failure to construct this well within the period of time specified in a well permit will not be deemed to affect or extinguish the underlying water rights as decreed by this Court. Applicants will operate the requested well under the terms and conditions of the plan for augmentation decreed in Case No. 03CW443 when the Court enters a final decree in this case. PART I: APPLICATION FOR CONDITIONAL 11

GROUNDWATER RIGHT. 2. Name of water right: Pabst Well (LP&B ID 17.5). 3. Owners: J. Brian Pabst and Kim Pabst. 4. Permit No.: None, applicants will obtain a permit. 5. Location: The well will be located in the NW1/4 of Section 17, T04N, R55W, 6th P.M., Morgan County, Colorado at approximately UTM coordinates Easting 1362207, Northing 4463890. Acres to be irrigated are located in the NW1/4 of Section 17, T04N, R55W, 6th P.M., Morgan County, Colorado. 6. Appropriation Date: December 28, 2020. 7. Amount Claimed: 3.55 c.f.s., for the irrigation of up to 160 acres, CONDITIONAL. 8. Source: Groundwater tributary to the South Platte River. 9. Use: Irrigation, Domestic, and Livestock. 10. Name and Address of Owners of Land on which Structure Will be Located: J. Brian & Kim Pabst. PART II: APPLICATION TO ADD WELL TO AUGMENTATION PLAN. 11. Augmentation Plan: Paragraph 14.6 of the Decree for the Lower Platte & Beaver Canal Company (“LPB”) Plan for Augmentation (District Court, in and for Water Division No. 1, Case No. 03CW443) allows the addition of wells to the plan subject to notice and terms and conditions. Applicant LPB seeks to add the Pabst well described in paragraphs 2 through 9, above, to the 03CW445 LPB plan for augmentation. 12. 03CW443 Terms and Conditions: 12.1 Any well added to the 03CW443 plan shall be located on, and be used on lands within, the service area of the LPB Canal. The Pabst Well will be located on and be used on lands within the LPB service area. 12.2 A well added to the plan shall use the applicable wellhead depletion (consumptive use) factors set out in paragraph 17.2.2 and shall use the methods for determining the time and location of depletions set out in paragraph 17.1, or such other method as is approved by the Court. Applicants will comply with these conditions. 12.3 Out-of-priority depletions resulting from use of any well which Applicant or a well owner requests the Court to add to this plan shall be replaced in accordance with the following: Out-of-priority depletions from use of the well that has occurred prior to the date the Court allows the well to be added to the plan shall be replaced by the Applicant or well owner in compliance with an applicable Water Court decree or substitute water supply plan approved by the State Engineer while said request is pending before the Court; out-of-priority depletions from use of the well that will occur after the Court decree adding the well to the plan, whether or not the depletions result from pumping before or after the date the Court allows the well to be added to the plan, shall be replaced by the Applicant or well owner under the terms and conditions of this decree and any additional terms and conditions ordered by the Court in connection with adding the well. As the Pabst Well does not exist, there have been no prior pumping, in the future the Pabst Well will operate only pursuant to an approved substitute water supply plan or the 03CW443 Decree after to Water Court adds the well to that decree as part of this matter. 12.4 The Pabst well will be operated, and depletions calculated, in accord with Paragraph 17 of the 03CW443 decree, including but not limited to the required accounting and reporting. 12.5 LPB will replace all depletions resulting from the operation of the Pabst Well in time, location, and amount as required by the 03CW443 Decree in accordance with paragraph 18 of the 03CW443 Decree. 12.6 LPB will comply with all other terms and conditions of the plan for augmentation decreed in Case No. 03CW443. 5 pages.

20CW3196 (12CW69, 84CW508) CITY OF IDAHO SPRINGS, c/o The Honorable Michael Hillman, Mayor Post Office, Box 907, Idaho Springs, CO 80452, 303-567-4421 c/o David S. Hayes, Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, CO 80202, 303-825-1980. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN CLEAR CREEK COUNTY. 2. Name of structure: Idaho Springs Storage Reservoir, First Enlargement (hereinafter “First Enlargement”). 3. Description of conditional water right: A. Prior decrees: A judgment and decree was entered by the District Court, Water Division No. 1, State of Colorado, on June 14, 1989, in Case No. 84CW508. Findings of reasonable diligence were subsequently made in Case No. 95CW132 on December 16, 1996; Case No. 02CW303 on March 1, 2006; and Case No. 12CW69 on December 12, 2014. B. Location: Beginning at the easterly point of contact of the dam axis with the existing ground, said point being situated whence the northwest corner of Section 6, Township 5 South, Range 73 West, 6th P.M., Clear Creek County, bears South 3 10' East a distance of 2,350 feet. The First Enlargement will be an on-channel reservoir located on Chicago Creek, in the W1/2, Section 6, Township 5 South, Range 73 West, 6th P.M., and the E1/2, Section 1, Township 5 South, Range 74 West, 6th P.M. A figure depicting the location of the subject structure is attached to the application as 12

Exhibit A and is available for inspection at the office of the Division 1 Water Clerk or via Colorado Courts E-filing. C. Source: Chicago Creek and Chicago Creek drainage basin, tributary to Clear Creek, tributary to the South Platte River. D. Appropriation date: May 17, 1982. E. Amount: 1,850 acre feet, with the right of successive refills in priority until this amount is diverted and stored annually. Of the foregoing total, 96.61 acre feet is absolute, and 1753.39 acre feet is conditional. This water right is an enlargement of and in addition to the water right for the Idaho Springs Storage Reservoir, decreed by the District Court in and for Water Division No. 1 on February 18, 1972 in Case No. W-326 in the amount of 150 acre feet. F. Use: Municipal use, which includes all municipal uses, such as but not by way of limitation, domestic, commercial, manufacturing, industrial, agricultural, watering of parks and lawns and gardens, fire protection, generation of electric power and power generally, recreation, fish and wildlife propagation, sewage treatment, street sprinkling, maintenance of adequate storage reserves, lease, replacement, augmentation and exchange. 4. Detailed outline of work done to complete project and apply water to beneficial use: The conditional water right decreed in Case No. 84CW508 for the First Enlargement is critical to the City’s water supply system. Idaho Springs is developing its integrated water system in accordance with a long-term program for the phased construction of additional storage and the use of water rights as needed to meet the expanding residential, commercial, industrial, and other water demands of Idaho Springs. During the subject Diligence Period (December 2014 to the present), Idaho Springs has spent considerable time and money in the development of its integrated water system, and large expenditures of money will be required in the future to continue this development. The City’s efforts to develop its water system and the conditional water right that is the subject of this Application during the Diligence Period support a finding of reasonable diligence for the First Enlargement. The application contains a list of activities taken to develop the conditional water right and is available for inspection at the office of the Division 1 Water Clerk or via Colorado Courts E-filing. 5. Name(s) and address(es) of owner(s) 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: The Idaho Springs Storage Reservoir is located on property owned by Applicant. The enlarged reservoir is located on property owned by Applicant and the following: A. United States Forest Service, P.O. Box 3307, Idaho Springs, CO 80452. B. Daly Family Partners, LLC, 10914 Remmick Ridge Road, Parker, CO 80134-5026. C. Joseph C. & Diane K. Gumm, 3742 S. Fenton Way, Denver, CO 80235. D. Lawrence W. Stuart, 4445 County Road 7, Erie, CO 80516. E. Joseph S. Morrell Trust, 2210 Stuart St., Denver, CO 80212. F. Sandra Maes Living Trust, 5070 West 33rd Ave., Denver, CO 80212. WHEREFORE, Idaho Springs respectfully requests that the Court enter a decree finding reasonable diligence for and continuing in full force and effect the remaining conditional amount of the First Enlargement water right described above.

20CW3197 CITY OF IDAHO SPRINGS, c/o The Honorable Michael Hillman, Mayor, Post Office Box 907. Idaho Springs, CO 80452 303-567-4421, c/o David S. Hayes, Petros & White, LLC, 1999 Broadway, Suite 3200 Denver, CO 80202, 303-825-1980. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION AND APPROPRIATIVE RIGHT OF EXCHANGE IN CLEAR CREEK COUNTY, COLORADO 2. Overview: This application requests approval of a plan for augmentation and confirmation of an appropriative right of exchange to facilitate the City’s continued operation of the Charlie Tayler Water Wheel and waterfall, adjacent to I-70. The water wheel and waterfall are iconic symbols representing Idaho Springs’ mining origins, and have been operated since 1946, when the water wheel was donated to the City and moved to its present location. The water wheel and waterfall operate using the City’s Blue Ditch and Pipeline water right from Little Bear Creek, tributary to Soda Creek, which is tributary to Clear Creek. The plan allows the City to continue its diversions when the Blue Ditch and Pipeline water right is out of priority. CLAIM FOR PLAN FOR AUGMENTATION. 3. Structure to be augmented: Blue Ditch and Pipeline. A. Decree: Adjudication decree entered October 9, 1914, Case No. 41340, District Court, City and County of Denver. B. Legal description: Headgate located at a point whence the SW corner of Section 1, Township 4 South, Range 73 West, 6th P.M. bears S.1350’W 1310 feet, as depicted on Exhibit A, attached to the application and available for inspection at the office of the Division 13

1 Water Clerk or via Colorado Courts E-filing. C. Appropriation date: September 20, 1880. D. Amount: 0.70 cubic feet per second (“cfs”). E. Source: Little Bear Creek (a/k/a Blue or East Fork of Soda Creek), tributary to Soda Creek, tributary to Clear Creek. F. Use: Domestic, fire protection, and sprinkling of streets and lawns. 4. Water rights to be used for augmentation: Idaho Springs Storage Reservoir (“Reservoir”), including enlargement and exchange right. A. Prior decrees: The original decree for the reservoir was entered by the District Court, Water Division No. 1, State of Colorado, on February 18, 1972, in Case No. W-326. An enlargement right was adjudicated by the decree entered on June 14, 1989, in Case No. 84CW508. Water may also be stored pursuant to an exchange right adjudicated by the decree entered on August 28, 1992, in Case No. 84CW671.B. Location: Beginning at the easterly point of contact of the dam axis with the existing ground, said point being situated whence the northwest corner of Section 6, Township 5 South, Range 73 West, 6th P.M., Clear Creek County, bears South 3 10' East a distance of 2,350 feet. The First Enlargement will be an on-channel reservoir located on Chicago Creek, in the W1/2, Section 6, Township 5 South, Range 73 West, 6th P.M., and the E1/2, Section 1, Township 5 South, Range 74 West, 6th P.M. C. Source: Chicago Creek and Chicago Creek drainage basin, tributary to Clear Creek, tributary to the South Platte River. D. Appropriation date: Original, August 13, 1906; Enlargement, May 17, 1982; Exchange, 1984. E. Amount: Original, 150 acre-feet, absolute; Enlargement, 1850 acre-feet, of which 96.61 acre feet is absolute, and 1753.39 acre feet is conditional; Exchange, up to 2000 acre-feet, conditional. F. Use: Original, municipal, domestic and fire protection; Enlargement, as more-fully described in the 84CW508 decree, including municipal, replacement, augmentation and exchange; Exchange, as more-fully described in the 84CW671 decree. 5. Complete statement of plan for augmentation: To operate the water wheel and waterfall, the City proposes to divert the Blue Ditch and Pipeline throughout the year when the right is in priority, as well as at times when it is out-of-priority. The Blue Ditch water is conveyed through an eight-inch pipeline for approximately one mile before the flow splits and a portion is piped to the water wheel and a portion is delivered over a rock face to create the waterfall. After the water flows through the water wheel and waterfall, it returns immediately to Clear Creek at the base of the waterfall/water wheel area. During periods when the Blue Ditch and Pipeline water right is out-of-priority, the City will replace all net out-of-priority depletions with releases from its Reservoir on Chicago Creek. A transit loss will be assessed for the reach between the Reservoir release point and the replacement point. Out of priority depletions due to evaporation and evapotranspiration (“ET”) losses resulting from the operation of the water wheel and waterfall will vary year to year, with an estimated maximum depletion of 22.83 acre-feet per year (assumes diverting at full decreed rate of 0.70 cfs with no in priority diversions). Actual depletions will be based on data and decreed factors included in accounting forms prepared by the City for the administration of this plan. Idaho Springs will install measuring devices and will devise accounting forms to record all diversions, depletions and replacements made pursuant to this plan for augmentation as required by the decree entered pursuant to this application and by the Division Engineer. This plan for augmentation will allow the operation of the augmented structure under the terms and conditions described herein in a manner that will prevent injury to vested water rights and decreed conditional water rights. The water to be provided for augmentation is of a quality and quantity so as to meet the requirements for which the water has been used by senior downstream appropriators, and therefore meets the requirements of § 37- 92-305(5), C.R.S. CLAIM FOR APPROPRIATIVE RIGHT OF EXCHANGE. 6. Description of exchange: Idaho Springs seeks adjudication of the following appropriative right of exchange (the “Water Wheel Exchange”): A. Upstream terminus: The upstream terminus of the Water Wheel Exchange is the headgate of the Blue Ditch and Pipeline, as described in Paragraph 3.B., above. B. Downstream terminus: The downstream terminus of the Water Wheel Exchange is at the confluence of Soda Creek and Clear Creek, in the SW 1/4 of Section 36, Township 3 S, Range 73 W, 6th P.M., Clear Creek County, Colorado at a point with UTM coordinates N 4397618 meters, E 455670 meters, Datum NAD83, Zone 13N. The exchange reach is depicted on Exhibit A. C. Rate: 0.70 c.f.s., conditional. D. Source of replacement water: The Reservoir, as more fully described in Paragraph 4, above. E. Date of appropriation: October 20, 2017, on which date there was a concurrence of intent to appropriate and overt acts in furtherance of such intent, including, without limitation, notice of a request for approval of a substitute water supply plan to operate the Water Wheel utilizing water released from the Reservoir. F. Use: The water diverted by exchange shall 14

assume the decreed uses of the replacement source. 7. Name(s) and address(es) of owner(s) 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: The Idaho Springs Storage Reservoir is located on property owned by Applicant. The enlarged reservoir is located on property owned by Applicant and the following: A. United States Forest Service, P.O. Box 3307, Idaho Springs, CO 80452. B. Daly Family Partners, LLC, 10914 Remmick Ridge Road, Parker, CO 80134-5026. C. Joseph C. & Diane K. Gumm, 3742 S. Fenton Way, Denver, CO 80235. D. Lawrence W. Stuart, 4445 County Road 7, Erie, CO 80516. E. Joseph S. Morrell Trust, 2210 Stuart St., Denver, CO 80212. F. Sandra Maes Living Trust, 5070 West 33rd Ave., Denver, CO 80212. WHEREFORE, Idaho Springs respectfully requests that the Court enter a decree approving the plan for augmentation requested herein, and confirming and approving the conditional right of appropriate exchange described herein, together with such other relief to Applicant as the Court deems just and proper.

20CW3198 VERIFIED COMPLAINT FOR INJUCTIVE RELIEF FILED, NO RESUME NEEDED

20CW3199, CITY OF BRIGHTON, 500 South 4th Avenue, Brighton, Colorado 80601, Attn: Jane Bais DiSessa, City Manager, (303) 655-2043. Please send all correspondence and future pleadings to Brent A. Bartlett, Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Rd., Fort Collins, CO 80525, (970) 407- 9000. APPLICATION FOR CHANGE OF WATER RIGHTS, APPROPRIATIVE RIGHTS OF EXCHANGE AND CONDITIONAL APPROPRIATION OF RETURN FLOWS IN ADAMS, CLEAR CREEK, JEFFERSON AND WELD COUNTIES 2. Introduction. The City of Brighton (“Brighton” or “Applicant”) operates a municipal water and sewer system that obtains a portion of its raw water supply from tributary ground water in the South Platte and Beebe Draw basins, treats the water, and supplies the water to its customers. Out-of-priority depletions resulting from the pumping of Brighton’s South Platte wells and Beebe Draw wells are augmented through Brighton’s decreed South Platte and Beebe Draw well augmentation plans (Case Nos. 2000CW202 and 2003CW320). Brighton supplements the augmentation water utilized in these plans, as well as their exchanges, with additional sources of water described in Case Nos. 2004CW174, 2009CW144, 2015CW3012 and 2018CW3195. Collectively these decree(s) operate in an integrated fashion to augment depletions from all of Brighton’s tributary wells. The purposes of this Application are to change the water rights represented by Brighton’s ownership in the Fulton Irrigating Ditch Company (“Fulton”), Burlington Ditch, Reservoir and Land Company (“Burlington”), and the Wellington Reservoir Company (“Wellington”), decree appropriative rights of exchange, and to appropriate the return flows associated with Brighton’s interest in the Fulton, Burlington and Wellington water rights. 3. Description of water rights for which change is sought. 3.1 Fulton Irrigating Ditch Company. The water rights to be changed have been delivered by the Fulton Ditch and are represented by 149.45 shares of stock in the Fulton. 3.2 Fulton Ditch Decree. Date Entered: April 28, 1883, Case No.: 6009, Court: Arapahoe County District Court. 3.3 Decreed Point of Diversion. The original decreed point of diversion is located on the east side of the South Platte River near Section 9, between Sections 16 and 17, Township 2 South, Range 67 West of the 6th P.M., Adams County, Colorado. The actual headgate location is in the NE 1/4 NE 1/4 SE 1/4 of Section 17, Township 2 South, Range 67 West of the 6th P.M. Adams County, Colorado, according to the decree in Case No. 13CW3025, District Court in and for Water Division No. 1 entered on November 10, 2016. 3.4 Source. The South Platte River. 3.5 Appropriation Dates and Amounts.

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Amount Appropriation Name Source Adjudication Date (cfs) Date Fulton Ditch South Platte 79.70 May 1, 1865 April 28, 1883 Fulton Ditch South Platte 74.25 July 8, 1876 April 28, 1883 Fulton Ditch South Platte 50.23 November 5, 1879 April 28, 1883 Fulton Ditch South Platte 244.621 November 1, 1882 April 28, 1883 Footnote 1: The 244.62 cfs from Priority Number 56 was abandoned in Case Number A-16069 of the Denver District Court in 1938. The remaining 204.18 cfs represents the current total diversion rate decreed to the Fulton Irrigation Ditch Company. The change in water rights in this Application concerns only Priority Numbers 8, 43, and 51, as Priority Number 56 has been abandoned. 3.6 Burlington Ditch, Reservoir and Land Company. The water rights to be change have been delivered by the Burlington Ditch and are represented by 101.52 shares of stock in the Burlington. 3.7. Burlington Ditch Decree. Dates Entered: April 28, 1883; July 8, 1893; May 18, 1918. Case Nos. and Court: Case No. 6009 and Case No. 11200, Arapahoe County District Court; Case No. 1777, Park County District Court. 3.8. Decreed Points of Diversion. The Burlington Company direct flow water rights are decreed for diversions from multiple streams. The Duggan Ditch headgate was initially decreed as being located on the bank of the South Platte River in Section 36, Township 2 South, Range 68 West, 6th P.M. By later decrees the point of diversion of the Duggan Ditch was transferred to the headgate of the Burlington Ditch. The Burlington Canal Headgate, located on the east bank of the South Platte River in the SW 1/4 of the NE 1/4, Section 14, Township 3 South, Range 68 West, of the 6th P.M., in Adams County, Colorado, at a point approximately 3,084 feet east of the West line and 2,327 feet south of the North line of Section 14; latitude 039o47’30.97”N, longitude 104o58’0.92”W. In Case No. 2002CW403, affirmed by the Colorado Supreme Court in Case No. 2009SA133, the Court determined that the Globeville Area Flood Control Project structure constituted a new point of diversion for the Burlington Ditch at a point on the east bank of the South Platte River in the NE 1/4 of the SW 1/4 of Section 14, Township 3 South, Range 68 West, of the 6th P.M. The headgate is located at approximately latitude 039o47’24.69”N, longitude 104o58’9.97” W. The UTM coordinates are approximately NAD 1983 UTM Zone 13N 502616.89E 4404471.42N. The Burlington Ditch Second Creek diversion, located in the northwest quarter of the southwest quarter of Section 6, Township 2 South, Range 66 West of the 6th P.M. in Adams County. The Burlington Ditch Third Creek diversion, located in the northeast quarter of the southeast quarter of Section 32, Township 1 South, Range 66 West of the 6th P.M. in Adams County. Duck Lake, located at Geneva Creek with the right abutment in Section 36, Township 5 South, Range 75 West of the 6th P.M. in Clear Creek County. The Burlington Ditch also diverts from a decreed alternate point of diversion known as the Metro Pump Station that discharges to the Burlington Ditch in Section 12, Township 3 South, Range 68 West of the 6th P.M. in Adams County. The Duggan Ditch water right was initially decreed for diversion at the Duggan Ditch headgate, located on the east bank of the South Platte River in Section 36, Township 2 South, Range 68 West of the 6th P.M. The point of diversion for the Duggan Ditch was later transferred to the headgate of the Burlington Ditch. Water stored in Duck Lake is released and rediverted at the Burlington Company’s South Platte River Headgate. 3.9. Source. The South Platte River. 3.10 Appropriation Dates and Amounts. Appropriation Adjudication Name Source Amount Date Date Duggan Ditch South Platte River 4/1/1864 4/28/1883 16.28 cfs 2 Burlington Ditch South Platte River 11/20/1885 7/8/1893 200 cfs 3 Burlington Ditch First Creek 9/1/1886 7/8/1893 50 cfs Burlington Ditch Second Creek 11/15/1886 7/8/1893 250 cfs Burlington Ditch Third Creek 9/15/1887 7/8/1893 250 cfs Duck Lake Geneva Creek 9/15/1904 5/18/1918 750 acre-feet Footnote 2: The Duggan Ditch Right totals 27.4 cfs, of which 16.28 cfs is owned by the Burlington Company, 7.987 cfs is owned by the Wellington Company, and 3.133 cfs is owned by South Adams County

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Water and Sanitation District (SACWSD). The 3.133 cfs owned by SACWSD is not a part of this change case.The decree in Case No. 02CW403 reduced the November 20, 1885 water right to 200.00 cfs for use above Barr Lake. The Colorado Supreme Court upheld the Division 1 Water Court’s decision in Case No. 09SA133. 3.11. The Wellington Reservoir Company. The water rights to be change have been delivered by the Wellington Company and Burlington Ditch and are represented by 98.35 shares of stock in the Wellington Reservoir Company. 3.12 The Wellington Reservoir Decree. Dates Entered: April 28, 1883 as to the Duggan Ditch Decree; June 21, 1922 as to all other decrees. Case Nos. and Court: Case No. 6009, Arapahoe County District Court; Case No. 839, Park County District Court, W-186, District Court, Weld County, Water Division No. 1. 3.13. Source. The South Platte River. 3.14. Appropriation Dates and Amounts. Appropriation Adjudication Name Source Amount Date Date Duggan Ditch South Platte River 4/1/1864 4/28/1883 7.987 cfs 2,747.72 Wellington Reservoir Buffalo Creek 5/31/1892 6/21/1922 acre-feet Wellington Reservoir 1652.00 Buffalo Creek 6/5/1920 6/21/1922 Enlargement acre-feet Mendenhall Feeder Ditch Mendenhall Creek 9/3/1892 6/21/1922 25.00 cfs Hicks Creek Feeder Ditch Hicks Creek 12/31/1921 6/21/1922 25.00 cfs 3.15. Decreed points of diversion. The Duggan Ditch headgate was initially decreed as being located on the bank of the South Platte River in Section 36, Township 2 South, Range 68 West, 6th P.M. By later decrees the point of diversion of the Duggan Ditch was transferred to the headgate of the Burlington Ditch. Wellington Reservoir and its First Enlargement, located on Buffalo Creek in Sections 29, 30, 31, and 32, Township 8 South, Range 71 West of the 6th P.M. in Jefferson County. Mendenhall Feeder Ditch, located in the northeast quarter of the southwest quarter of Section 30, Township 8 South, Range 71 West of the 6th P.M. in Jefferson County. Hicks Creek Feeder Ditch, located in the southeast quarter of the southeast quarter of Section 32, Township 8 South, Range 71 West of the 6th P.M. in Jefferson County. The Wellington Company storage rights are released from Wellington Reservoir, then re-diverted downstream at the Burlington Ditch River Headgate. The Mendenhall and Hicks Creek Feeder Ditches are water rights used to fill Wellington Reservoir. Wellington also operates a well field located in the Southeast quarter of Section 32, Township 1 South, Range 66 West, 6th P.M. in Adams County. The wells’ registration numbers are 11772-R, 04181-F and 04182-F. 3.16.Historical Use. The described water rights in this paragraph 3 that are to be changed pursuant to this Application are sometimes referred to herein as the “Subject Water Rights.” The Subject Water Rights have been used for the irrigation of farms within the Burlington, Wellington and Fulton systems. A map showing the location of these parcels is attached as Exhibits A-1 and A-2. A table setting forth the names of those from whom the shares were purchased, the date Brighton obtained them, the certificate number of the particular shares, and the number of shares received by Brighton is attached as Exhibits B-1 and B-2. The total number of acres historically irrigated on the Fulton system parcels is approximately 260.76 and the total number of acres historically irrigation on the Burlington and Wellington parcels is approximately 914.85. Brighton may seek to rely upon any and all diversion records pertaining to the Subject Water kept and retained by the Fulton, Burlington and Wellington companies, and by the office of the State Engineer. The attached Exhibits C-1 and C-2 provide a summary of diversions for the Subject Water Rights with Fulton diversions based on the State of Colorado Division of Water Resources records and the Burlington and Wellington diversions based on their company records. 4. Detailed description of proposed change. Brighton seeks to change the location of use and add additional uses in order to integrate the Subject Water Rights into Brighton’s augmentation plans and exchange system, and to make the rights available to meet contract obligations. The changed uses, in addition to the existing decreed uses, are for all municipal, augmentation, recharge, replacement, exchange and substitution, either directly or following storage. Municipal uses include, but are not limited to, domestic, mechanical, manufacturing, commercial, industrial, fire protection, sewage treatment, street

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sprinkling, recreational, fish and wildlife propagation, irrigation of parks, lawns, gardens and grounds, augmentation and replacement, recharge, use as a substitute supply, adjustment and regulation of municipal water systems, including further exchange with other municipal water systems and with other water users, within the City of Brighton’s service area as it may exist both now and into the future and meeting contractual obligations outside of Brighton’s service area. Brighton has quantified the Subject Water Rights, and the historical consumptive use derived therefrom, and seeks the right to fully consume such percentage when the changed water is used for the above changed purposes, including by reuse or successive use. Such right of reuse and successive use shall be conditioned upon Brighton’s ability to maintain legal dominion and control over such water, and upon such notification, identification and reporting as the Division Engineer may require. 4.1. The amount of water to be changed is the entire volume of water to which the Subject Water Rights are entitled. 4.2. Applicant seeks the right to store the water rights to be changed. The identified places of storage include the Ken Mitchell Lakes, the 124th Avenue Storage Pond, Erger’s Pond, Barr Lake, Soda Lakes, and Bear Creek Lake as well as any other storage site that might be available to Brighton. The locations of these structures are as follows: 4.2.1.Ken Mitchell Lakes, located in parts of Sections 11, 12, 13, and 14, Township 1 South, Range 67 West, of the 6th P.M. 4.2.2. 124th Avenue Reservoir, located in the NE 1/4 of the SW 1/4 and the NW 1/4 of the SE 1/4 of Section 35, Township 1 South, Range 67 West of the 6th P.M. 4.2.3. Erger’s Pond, which is located adjacent to Cell 1 of Ken Mitchell Lakes in Section 12, Township 1 South, Range 67 West of the 6th P.M. 4.2.4. Barr Lake is located within parts of Sections 15, 21, 22, 23, 26, 27, 28, 33 and 34, Township 1 South, Range 66 West of the 6th P.M. 4.2.5. Soda Lakes Reservoirs 1 and 2, located in the NW 1/4, SW 1/4 and SE 1/4 of Section 1, Township 5 South, Range 70 West of the 6th P.M. 4.2.6. Bear Creek Lake, located in portions of Sections 31 and 32, Township 4 South, Range 69 West of the 6th P.M.; portions of Sections 5 and 6, Township 5 South, Range 69 West of the 6th P.M.; and portions of Section 1, Township 5 South, Range 70 West of the 6th P.M. 4.3. The proposed plan of operation is to use that portion of the changed rights that the court determines historically returned to the stream system to duly replace such historically received return flows to the extent necessary to prevent injury to water rights senior in priority to the date of the filing of this application. The fully consumed portion as determined by the court shall, either on an immediate basis following diversion, or following storage, be used for all municipal purposes as above described, including contractual obligations with other municipalities, and the use for augmentation and replacement water under the Decrees for 2000CW202, 2003CW320, 2004CW174, and 2009CW144, 2018CW3195, or as substitute supply water in substitute water supply plans that may be approved by the State Engineer in regard to those five cases. 5. Brighton seeks a decree for conditional appropriative rights as to the following exchanges and the providing of substitute supplies in accordance with the provisions of Sections 37-80-120(2)(3) and (4), and 37-83-104, C.R.S. 5.1. Exchanges Involving Subject Water Rights. The upstream and downstream exchange points of Brighton’s exchange reaches are as follows: 5.1.1 Downstream Points for the Exchanges (Exchange-From Points): 5.1.1.1. Point A - The confluence of Brighton’s North Storm Drain Outfall and the South Platte River, located in the SE 1/4 of the SW1/4 of the SW 1/4 of Section 31, Township 1 North, Range 66 West, of the 6th P.M. This is the most downstream point of the exchange reach. 5.1.1.2. Point B - The confluence of Brighton’s South Storm Drain Outfall and the South Platte River located in the SE 1/4 of the NW 1/4 of the NE 1/4 of Section 12, Township 1 South, Range 67 West, of the 6th P.M. 5.1.1.3. Point C - The outfall of Ken Mitchell Lake, which is located near the point where the South Platte River crosses the west line of Section 12, Township 1 South, Range 67 West, of the 6th P.M. 5.1.1.4. Point H - The outfall of Brighton’s South Platte WWTP, which is presently located in the NW 1/4 of the NW 1/4 of the SW 1/4 of Section 6, Township 1 South, Range 66 West, of the 6th P.M. 5.1.1.5. Point H-1 - Northern Treatment Plant located in the SE 1/4 of the SW 1/4 of Section 31, Township 1 North, Range 66 West, of the 6th P.M. 5.1.1.6. Point J - 124th Avenue Reservoir Outfall, located in the NW 1/4 of the SE 1/4 of Section 35, Township 1 South, Range 67 West, of the 6th P.M. 5.1.1.7. Point N - The outfall of Erger’s Pond, which is located in the N 1/2 of Section 12, Township 1 South, Range 67 West, of the 6th P.M. 5.1.2. Upstream Points for the Exchanges (Exchange-To Points): 5.1.2.1.Point D-1 - Ken Mitchell Reservoir Pump Station Inlet Pipe, located on the east bank of the South Platte River, in the SE 1/4 of Section 11, Township 1 South, Range 67 West, of the 6th P.M., at a point 18

whence the Southwest Corner of said Section 11 bears approximately South 86o West, approximately 4,160 feet, in Adams County. 5.1.2.2. Point D-2 - Ken Mitchell Reservoir Pump Station Inlet Pipe, located on the east bank of the South Platte River, in the NW 1/4 of the SE 1/4 of Section 14, Township 1 South, Range 67 West, of the 6th P.M., at a point whence the Southwest Corner of said Section 14 bears approximately South 69o West, approximately 4,000 feet, in Adams County. 5.1.2.3. Point E - Ken Mitchell Reservoir Inlet, located on the east bank of the South Platte River, in the SE 1/4 of Section 14, Township 1 South, Range 67 West, of the 6th P.M., at a point whence the Southwest Corner of said Section 14 bears approximately South 88o30’ West, approximately 3,190 feet, in Adams County. 5.1.2.4. Point F - A point where the South Platte River crosses the South line of Section 23, Township 1 South, Range 67 West, of the 6th P.M., in Adams County. This is an approximation of the upstream limit of the reach of the South Platte River that is depleted by pumping of Brighton’s South Platte wells. 5.1.2.5. Point G - The Fulton Ditch headgate located in the NE 1/4 of the NE 1/4 of the SE 1/4 of Section 17, Township 2 South, Range 67 West, of the 6th P.M., in Adams County. 5.1.2.6.Point I - The United Diversion Facility No. 3, located on the east bank of the South Platte River in the SW 1/4 of Section 26, Township 1 South, Range 67 West, of the 6th P.M., in Adams County. 5.1.2.7. Point M - The Burlington Canal Headgate, located on the east bank of the South Platte River in the SW 1/4 of the NE 1/4, Section 14, Township 3 South, Range 68 West, of the 6th P.M., in Adams County, Colorado, at a point approximately 3,084 feet east of the West line and 2,327 feet south of the North line of Section 14; latitude 039o47’30.97”N, longitude 104o58’0.92”W. In Case No. 2002CW403, affirmed by the Colorado Supreme Court in Case No. 2009SA133, the Court determined that the Globeville Area Flood Control Project structure constituted a new point of diversion for the Burlington Ditch at a point on the east bank of the South Platte River in the NE 1/4 of the SW 1/4 of Section 14, Township 3 South, Range 68 West, of the 6th P.M. The headgate is located at approximately latitude 039o47’24.69”N, longitude 104o58’9.97” W. The UTM coordinates are approximately NAD 1983 UTM Zone 13N 502616.89E 4404471.42N. 5.1.2.8. Point P - Bear Creek Dam and Reservoir, located in portions of Sections 31 and 32, Township 4 South, Range 69 West, of the 6th P.M.; portions of Sections 5 and 6, Township 5 South, Range 69 West, of the 6th P.M.; and portions of Section 1, Township 5 South, Range 70 West, of the 6th P.M. 5.1.2.9. Point S - Arnett-Harriman Ditch, located on the south bank of Bear Creek, NE 1/4 of the NE 1/4 of Section 2, Township 5 South, Range 70 West, of the 6th P.M. 5.1.2.10. Point T - the Erger’s Pond inlet structure, located on the east bank of the South Platte River in the NE 1/4 of the SW 1/4, Section 12, Township 1 South, Range 67 West, of the 6th P.M., in Adams County. 5.2. Sources of Substitute Supply. Water made available from the change of the Subject Water Rights decreed herein. 5.3.Date of Appropriation. December 28, 2020. 5.4.Amount Claimed. The individual exchanges and claimed amounts are shown in the exchange matrix attached hereto as Exhibit D. 5.5. Claimed uses. Those uses described in paragraph 4, above. 5.6. Exchanges Involving Erger’s Pond. The upstream and downstream exchange points of the reaches of the exchanges involving Erger’s Pond are as follows: 5.6.1. Downstream Points for the Exchanges (Exchange-From Points): 5.6.1.1. Point A - The confluence of Brighton’s North Storm Drain Outfall and the South Platte River, located in the SE 1/4 of the SW1/4 of the SW 1/4 of Section 31, Township 1 North, Range 66 West, of the 6th P.M. This is the most downstream point of the exchange reach. 5.6.1.2. Point B - The confluence of Brighton’s South Storm Drain Outfall and the South Platte River located in the SE 1/4 of the NW 1/4 of the NE 1/4 of Section 12, Township 1 South, Range 67 West, of the 6th P.M. 5.6.1.3. Point H - The outfall of Brighton’s South Platte WWTP, which is presently located in the NW 1/4 of the NW 1/4 of the SW 1/4 of Section 6, Township 1 South, Range 66 West, of the 6th P.M. 5.6.1.4. Point H-1 - Northern Treatment Plant located in the SE 1/4 of the SW 1/4 of Section 31, Township 1 North, Range 66 West, of the 6th P.M. 5.6.1.5. Point N - The outfall of Erger’s Pond, which is located in the N 1/2 of Section 12, Township 1 South, Range 67 West, of the 6th P.M. 5.6.2. Upstream Points for the Exchanges (Exchange-To Points): 5.6.2.1. Point D-1 - Ken Mitchell Reservoir Pump Station Inlet Pipe, located on the east bank of the South Platte River, in the SE 1/4 of Section 11, Township 1 South, Range 67 West, of the 6th P.M., at a point whence the Southwest Corner of said Section 11 bears approximately South 86o West, approximately 4,160 feet, in Adams County. 5.6.2.2. Point D-2 - Ken Mitchell Reservoir Pump Station Inlet Pipe, located on the east bank of the South Platte River, in the NW 1/4 of the SE 1/4 of Section 14, Township 1 South, Range 67 West, of the 6th P.M., at a point whence 19

the Southwest Corner of said Section 14 bears approximately South 69o West, approximately 4,000 feet, in Adams County. 5.6.2.3. Point E - Ken Mitchell Reservoir Inlet, located on the east bank of the South Platte River, in the SE 1/4 of Section 14, Township 1 South, Range 67 West, of the 6th P.M., at a point whence the Southwest Corner of said Section 14 bears approximately South 88o30’ West, approximately 3,190 feet, in Adams County. 5.6.2.4. Point F - A point where the South Platte River crosses the South line of Section 23, Township 1 South, Range 67 West, of the 6th P.M., in Adams County. This is an approximation of the upstream limit of the reach of the South Platte River that is depleted by pumping of Brighton’s South Platte wells. 5.6.2.5. Point G - The Fulton Ditch headgate located in the NE 1/4 of the NE 1/4 of the SE 1/4 of Section 17, Township 2 South, Range 67 West, of the 6th P.M., in Adams County. 5.6.2.6. Point I - the United Diversion Facility No. 3, located on the east bank of the South Platte River in the SW 1/4 of Section 26, Township 1 South, Range 67 West, of the 6th P.M., in Adams County. 5.6.2.7. Point M - the Burlington Canal Headgate, located on the east bank of the South Platte River in the SW 1/4 of the NE 1/4, Section 14, Township 3 South, Range 68 West, of the 6th P.M., in Adams County, Colorado, at a point approximately 3,084 feet east of the West line and 2,327 feet south of the North line of Section 14; latitude 039o47’30.97”N, longitude 104o58’0.92”W. In Case No. 2002CW403, affirmed by the Colorado Supreme Court in Case No. 2009SA133, the Court determined that the Globeville Area Flood Control Project structure constituted a new point of diversion for the Burlington Ditch at a point on the east bank of the South Platte River in the NE 1/4 of the SW 1/4 of Section 14, Township 3 South, Range 68 West, of the 6th P.M. The headgate is located at approximately latitude 039o47’24.69”N, longitude 104o58’9.97” W. The UTM coordinates are approximately NAD 1983 UTM Zone 13N 502616.89E 4404471.42N. 5.6.2.8. Point T - the Erger’s Pond inlet structure, located on the east bank of the South Platte River in the NE 1/4 of the SW 1/4, Section 12, Township 1 South, Range 67 West, of the 6th P.M., in Adams County. 5.7. Sources of Substitute Supply. Water made available by operation of Brighton’s plan for augmentation decreed in Case No. 2000CW202, water made available by operation of Brighton’s plan for augmentation decreed in Case No. 2003CW320, water available pursuant to the change of water rights decreed in Case No. 2004CW174, water available pursuant to the change of water rights decreed in Case No. 2009CW144 and 2018CW3195, water stored in Ken Mitchell Lakes under Case No. 1992CW018, water stored in 124th Avenue Storage Pond under Case No. 2002CW234, water stored in Erger’s Pond under Case Nos. 1998CW257 and 2008CW105, water made available to Brighton under contractual agreements, water made available to Brighton under free river conditions, and water available pursuant to the change of the Subject Water Rights decreed herein. 5.8. Date of Appropriation. December 28, 2020. 5.9. Amount Claimed. The individual exchanges and claimed amounts are shown in the exchange matrix attached hereto as Exhibit D. 5.10. Claimed uses. Those uses described in paragraph 4, above. 6. Claim of Appropriated Return Flows. When the calling right downstream of the water rights described in paragraph 3 are junior to December 28, 2020, or there is no call from downstream of the headgates of the water rights described in paragraph 3, Brighton seeks the rights to use, reuse, successively use, and use to extinction, for all of the purposes described in paragraph 4, above, the historical return flow portion of water rights described in paragraph 3. 6.1. Appropriation Information. 6.2. Date of Appropriation. December 28, 2020. 6.3. How Appropriation was Initiated. The appropriation date is based upon the date the Application in this case was filed. 6.4. Date Water First Applied to Beneficial Use. Not applicable. 6.5. Source. South Platte River 6.6. Amount Claimed. Any and all amounts of returns determined to be attributable to Brighton’s water rights described in paragraph 3, CONDITIONAL. 6.7. Claimed uses. Those uses described in paragraph 4, above. 7. Names and addresses of owners of land on which structures are located. All structures are owned by Brighton except as follows: The Burlington Ditch, Reservoir and Land Company, 80 South 27th Avenue, Brighton, Colorado 80601. The Little Burlington Ditch and Brighton Lateral are located on lands owned by, or on easements that Applicant believes are controlled by the Burlington Ditch, Reservoir and Land Company. The Fulton Ditch is owned by the Fulton Irrigating Ditch Company, 25 South 4th Avenue, Brighton, Colorado 80601. The Subject Water Rights exchanged to Soda Lakes are carried in the Arnett-Harriman Ditch, and the Arnett-Harriman Ditch is owned by the Denver Water Board, 1600 W. 12th Avenue, Denver, CO 80209. Soda Lakes Reservoir and Mineral Water Company is the owner and operator of Soda Lakes and is managed by the Denver Water Board, 1600 W. 20

12th Avenue, Denver, CO 80209. Barr Lake Reservoir is owned by the Farmers Reservoir and Irrigation Company, 80 South 27th Avenue, Brighton, CO 80601. Bear Creek Lake is owned by the Army Corps of Engineers, Omaha District, 1616 Capital Avenue, Suite 9000, Omaha, NE 68102 and is under a 50-year lease with the City of Lakewood, 480 S. Allison Pkwy, Lakewood, CO 80226. The United Diversion Facility No. 3 is owned by Silver Peaks Metropolitan District, 8301 E. Prentice Ave., Suite 100, Greenwood Village, CO 80111 and on land owned by Henderson Aggregate Ltd., c/o Albert Frei & Sons (Registered Agent), 11521 Brighton Road, Henderson, CO 80640. The Northern Treatment Plant is owned by Metro Wastewater Reclamation District, 6450 York Street, Denver, CO 80229. WHEREFORE, Brighton requests the Court enter a decree granting the change of water rights, the conditional appropriation of rights of exchange, conditional appropriation of return flows, and for such other relief as the Court deems proper. (14 pages)

20CW3200 THE CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS (“DENVER WATER” OR “APPLICANT”), 1600 West 12th Avenue, Denver, CO 80204, (303) 682-6460. Jessica R. Brody, General Counsel, Daniel J. Arnold, No. 35458, James M. Wittler, No. 44050, Andrew J. Hill, No. 47896. APPLICATION FOR PARTIAL CHANGE OF WATER RIGHT, RIGHT OF SUBSTITUTION, AND CONDITIONAL APPROPRIATION OF RETURN FLOWS IN JEFFERSON, DOUGLAS, ADAMS, ARAPAHOE, BROOMFIELD, AND DENVER COUNTY. 2. Description of Application: Denver Water seeks to add alternate points of diversion, places of storage, and uses for the approximately 12 cubic feet per second (“c.f.s.”) portion of the City Ditch it owns that was historically used north of Interstate 25 prior to 2002, when City Ditch was severed at its intersection with Interstate 25. 3. Decreed Water Right that is the Subject of the Application: a. Name of Water Right: City Ditch. b. Name of Structure: Platte River Ditch also known as the City Ditch (formerly known as Platte Water Ditch, the Big Ditch, Platte Water Company’s Ditch, and Capitol Hydraulic Company’s Ditch). c. Legislative Acts, Original Decree, and All Relevant Subsequent Decrees Associated with the Subject Water Right: i. Private Laws of the Territory of Kansas, Original Enrolled House Bill No. 140, February 21, 1860 (“House Bill No. 140”). ii. An Act to Change the Name of the Capital Hydraulic Company, approved January 10, 1867, General Laws, Joint Resolutions, Memorials, and Private Acts, Passed at the Sixth Session of the Legislative Assembly of the Territory of Colorado. iii. In the Matter of the Priority of Water Rights in District No. 8 of Colorado, Case No. December 10, 1883 (Douglas County Dist. Ct., December 10, 1883) (“December 10, 1883 Adjudication Decree”). iv. Platte Water Co. v. Northern Colo. Irrigation Co., 21 P. 711, (Colo. 1889). v. City & County of Denver v. Brown, 138 P. 44 (Colo. 1913). vi. People ex rel. City & County of Denver v. Dist. Ct. of 2nd Judicial Dist. of Colo., 168 P. 260 (Colo. 1917). vii. In the Matter of the Application of the City & County of Denver, for a Decree of Court Allowing the Said Corporation to Change the Point of Diversion of the Platte River Ditch, Otherwise Known as the City Ditch, in Water District No. 8, Case No. CA 791 (Douglas County Dist. Ct., February 25, 1918) (“CA 791 Decree”). viii. City & County of Denver v. Brown, Case No. CA34488 (City & County of Denver Dist. Ct., May 27, 1919). ix. Concerning the Revised Abandonment List of Water Rights in Water Division No. 1, Case No. 11CW263 (Water Division 1, January 30, 2013). d. Points of Diversion: i. House Bill No. 140: “. . . from the bed of the South Platte river at any point . . . between the Platte canon and the mouth of Cherry Creek, and also . . . from the bed of Cherry creek at any point within six miles of its mouth….” ii. CA 791 Decree: A point situated in the southwest quarter of the southeast quarter (S.W. 1/4 of S.E. 1/4) of Section 14, Township 6 South, Range 69 West of the 6th Principal Meridian, from whence the southeast corner of the southwest quarter of the southeast quarter (S.W. 1/4 of S.E. 1/4) of said Section 14 bears north 89 degrees 47 minutes 30 seconds east 188.6 feet in said Douglas County, State of Colorado, as generally depicted in Exhibit A. iii. Chatfield Reservoir Dam and Manifold: The existing point of diversion is now the Chatfield Reservoir Dam and Manifold. The center line of the manifold intersects the center line of the dam at a point whence the SW Corner of Section 1, Township 6 South, Range 69 West of the 6th P.M., Jefferson County, bears North 49 decrees a distance of 4,070 feet. Due to the construction of Chatfield Reservoir Dam and Manifold, the point of diversion decreed in CA 791 is within the high water line and a portion of the ditch alignment was inundated by the reservoir. 21

Consequently, water diverted under the City Ditch water right is diverted and measured at the Chatfield Dam and Manifold. The diversion of the City Ditch water right at Chatfield Dam and Manifold is authorized by C.R.S. § 37-28-111(1) and justified by the construction of Chatfield Reservoir, as generally depicted in Exhibit A. e. Source of Water: South Platte River. f. Appropriation Dates: i. House Bill No. 140: February 21, 1860, Date of Approval of Kansas Territory House Bill No. 140. ii. December 10, 1883 Adjudication Decree: (1) Priority 1: November 28, 1860. (2) Priority 75: November 1, 1873, abandoned. (3) Priority 130: March 7, 1882, abandoned. g. Total Amount Decreed to Structure in Cubic Feet Per Second (“c.f.s.”): i. Priority 1 is decreed “[s]o much water as will flow in said ditch on a grade or fall of four and one half feet to the mile with width on bottom of ten feet, width on top 13 feet, with depth of water flow of eighteen inches.” The State Engineer has determined and administered Priority 1 as being entitled to a total of 30 c.f.s. ii. Priority 75 is decreed “so much additional water as will amount to forty-three cubic feet of water per second of time.” The State Engineer has determined and administered this priority as being entitled to 13 c.f.s. iii. Priority 130 is decreed “so much additional water, as will amount to 89-95/100 cubic feet of water per second of time.” The State Engineer has determined and administered this priority as being entitled to 42.95 c.f.s. iv. House Bill No. 140 did not specify a flow rate limit. h. Statutory and Decreed Uses: Mechanical, agricultural, irrigation, mining, and city purposes. I. CLAIM FOR CHANGE OF WATER RIGHT 4. Detailed Description of Proposed Change: a. Statement of Change, Including a Description of All Water Rights to be Changed: Denver Water seeks to quantify the historical consumptive use and return flows and add alternate points of diversion and places of storage for approximately 12 c.f.s. decreed to Priority 1 that was historically used to irrigate City Park, Washington Park and Denver Country Club (“Subject Water Right”). The existing point of diversion for the Subject Water Right is described in paragraph 3.d.iii. above. The alternate points of diversion and places of storage Denver Water seeks to add for the City Ditch water right are described in paragraph 4.b. and 4.c. below. The Subject Water Right will be diverted through these alternate points of diversion, stored, and treated and used in Denver Water’s municipal system for delivery within Denver Water’s service area shown in Exhibit B, areas served by contract, and for replacement of depletions for the purposes described in paragraph 4.e. below. The place of use of any water diverted or stored under this water right is subject to and will be in accordance with the terms of the Colorado River Cooperative Agreement effective September 26, 2013 or as amended. A summary of diversion records for the City Ditch water right is attached as Exhibit C. Denver Water does not seek to change any portion of the City Ditch water right, nor any other rights, other than 12 c.f.s. historically applied to irrigated areas north of Interstate 25. b. Description of Alternate Points of Diversion: In addition to the points of diversion described in paragraph 3.d. above, Denver Water will divert the Subject Water Right at the following points of diversion: i. The Foothills Tunnel and Conduit No. 26 diverts water from the South Platte River by means of a dam across the channel of the South Platte River known as the Strontia Springs Diversion Dam in the northwest quarter of the northwest quarter of Section 21, Township 7 South, Range 69 West of the 6th P.M. in Jefferson and Douglas Counties, State of Colorado. The Foothills Tunnel consists of a 10-foot 6-inch finished inside diameter concrete lined tunnel connecting an intake structure located within the Strontia Springs Reservoir to a cement-mortar lined steel pipeline (Conduit No. 26), which in turn connects to the headwork structure of the Foothills Water Treatment Plant. ii. The Conduit 20 Intake diverts water from the South Platte River at a point on the southwest bank of the South Platte River in Jefferson County, from which the north quarter corner of Section 5, Township 7 South, Range 69 West of the 6th P.M., bears north 17 degrees, 20 minutes, 21 seconds west, a distance of 3,056.9 feet. iii. The Platte Canon – Last Chance Ditch. The headgate of the Platte Canon – Last Chance Ditch is located on the north bank of said South Platte River in Jefferson County, whence the east quarter corner of Section 34, Township 6 South, Range 69 West of the Sixth P.M., according to the United States Government Survey, bears south 86 degrees 30 minutes east at a distance of approximately 2,140 feet. iv. The Burlington Ditch approach channel, which diverts and delivers water to the original Burlington headgate as located on the east bank of the South Platte River, in the NE1/4 of the SW1/4, Section 14, T3S, R68W, 6th P.M., in Adams County, Colorado, 2,456 feet east of the west line of the southwest quarter and 2,347 feet north of the south line of said southwest quarter of Section 14. v. The headgate of the Fulton Ditch as it is currently located on the east bank of the South Platte River in the NE1/4 of the SE1/4, in Section 17, T2S, R67W, 22

6th P.M., Adams County, Colorado, at a point approximately 2,815 feet south and 145 feet west of the NE corner of said Section 17. vi. The Lupton Lakes Complex proposed point of diversion, which is presently planned to be located within the Northwest 1/4 of Section 19, Township 1 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. c. Places of Storage: Denver Water will place the Subject Water Right in storage in the following locations. i. Antero Reservoir: Situated on Sections Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20), Twenty-one (21), Twenty- two (22), Twenty-three (23), Twenty-eight (28), Twenty-nine (29), Thirty (30), Thirty-two (32) and Thirty- three (33), in Township Twelve (12), South, Range Seventy-six (76) West, and in Sections Twenty-four (24), and Twenty-five (25), Township Twelve (12), South, Range Seventy-seven (77) West of the Sixth Principal Meridian, Park County, Colorado. ii. Eleven Mile Reservoir: A reservoir formed by a dam across the bed of the South Platte River, the dam being located near the center of the SW 1/4, Section 20, T 13 S, R 72 W, 6th P.M., Park County, Colorado: The long chord between the ends of the dam being described as a line commencing at the Southerly end of the dam, being a point whence the SW Corner of the NW 1/4 of Section 29, T 13 S, R 72 W, 6th P.M. bears south 24°43´ West, 4090.6 feet, and running thence North 21°32´ West, 429.1 feet to the Northerly end of the dam. iii. Cheesman Reservoir: Formed by detention of water behind a dam across the South Fork of the South Platte River in the southwest quarter (SW1/4) of Section 6, Township 10 South, Range 70 West of the 6th P.M. iv. Strontia Springs Diversion Dam and Reservoir: A dam constructed across the channel of the South Platte River in the northwest quarter, northwest quarter of Section 21, Township 7 South, Range 69 West of the 6th P.M. in Douglas and Jefferson Counties, Colorado. v. Marston Reservoir: Located in Sections 11, 12, 13 and 14, Township 5 South, Range 69 West, 6th P.M., Jefferson County, Colorado. vi. Platte Canon Reservoir: Located in the NW1/4 of Section 35, Township 6 South, Range 69 West, 6th P.M., Douglas County, Colorado. vii. Rueter-Hess Reservoir (aka Newlin Gulch Reservoir): The axis of the dam intersects the thread of Newlin Gulch at a point on the South line of Section 30, Township 6 South, Range 66 West of the 6th P.M. in Douglas County, Colorado, which point is approximately 2,400 feet east of the southwest corner of said Section 30. The northwest abutment of the dam is in the SW1/4 SW1/4 of said Section 30, approximately 1,300 feet east of the west section line, and approximately 550 feet north of the south section line, of said Section 30. The southeast abutment of the dam is in the NW1/4 NE1/4 Section 31, same range and township, approximately 1,900 feet west of the east section line and 250 feet south of the north section line, of said Section 31. viii. Chatfield Reservoir: The Reservoir formed by the Chatfield Dam, an existing structure located approximately 8 miles southwest of the City and County of Denver, Colorado on the main stem of the South Platte River; the right abutment of which is located in Douglas County, Colorado in Sections 6 and 7, Township 6 South, Range 68 West, of the 6th Principal Meridian; and the left abutment of which is located in Jefferson County, Colorado in Section 1, Township 6 South, Range 69 West of the 6th Principal Meridian. The portion of the reservoir to be utilized by Denver Water is approximately 2,716 acres of land inundated by the storage of water adjacent to and upstream from the dam. ix. The South Reservoir Complex: (1) Welby Reservoir is an off-channel reservoir located adjacent to the South Platte River in the E1/2 of the NW1/4, SW1/4 of the NW1/4, and the N1/2 of the SW1/4 of Section 1, T3S, R68W of the 6th P.M., Adams County, Colorado. (2) Bambei-Walker Reservoir is an off-channel reservoir located between the Burlington ditch and the South Platte River in the S1/2 of the NE1/4, NE1/4 of the SE1/4, NW1/4 of the SE1/4, SW1/4 of the SE1/4 of Section 1, T3S, R68W, 6th P.M., Adams County, Colorado. x. The North Reservoir Complex: (1) Howe-Haller A Reservoir is located in the E1/2 of the NW1/4 and W1/2 of the NE1/4 of Section 9, T2S, R67W, 6th P.M., Adams County, Colorado. (2) Howe-Haller B Reservoir is located in the SW1/4 of the SW1/4 in Section 3; the SE1/4 of the SW1/4 and S1/2 of the SE1/4, in Section 4; and the NE1/4 of the NW1/4 and the NE1/4 in Section 9 of T2S, R67W, 6th P.M., Adams County, Colorado. (3) Hazeltine Reservoir is located in the NW1/4, N1/2 of the SW1/4 and W1/2 of the NE1/4 of Section 3; and in the NE1/4 and N1/2 of the SE1/4 of Section 4, T2S, R67W of the 6th PM, Adams County, Colorado. (4) Dunes Dam and Reservoir is located in the SW1/4 of the NW1/4, and NW1/4 of the SW1/4 of Section 2 and in the E1/2 of the SW1/4, SE1/4, and S1/2 of the NE1/4 of Section 3, T2S, R67W of the 6th P.M., Adams County, Colorado. (5) Tanabe Reservoir is located in the NW1/4 of Section 10, T2S, R67W, 6th P.M., Adams County, Colorado. xi. Lupton Lakes Complex: The Lupton Lakes Complex is located in the 23

East Half of Sections 18 and 19, Township 1 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. xii. Storage by Exchange and for Reuse: Denver Water may also store the portion of the Subject Water Right changed under this application by exchange in Strontia Springs, Two Forks, Marston, Platte Canon, Cheesman, Eleven Mile, and Antero Reservoirs, and may reuse water by also storing in the places of storage referenced in this section. Denver Water is not requesting an adjudicated right of exchange in this matter. d. Change in Type of Use: In addition to its current statutory and decreed uses, Denver Water seeks to use the Subject Water Right directly for commercial, industrial and all municipal uses, including, but not limited to, domestic, mechanical, manufacturing, industrial, power generation, fire protection, sewage treatment, street sprinkling, replacement of lake and reservoir evaporation, and exchange, augmentation and/or replacement. Return flows from the changed consumptive use portion of the Subject Water Right will be fully consumed by direct use, storage and subsequent release, and by reuse, successive use, further exchange and disposition. In addition, Denver Water seeks the right to use the changed consumptive use portion of the Subject Water Right as a replacement source in the following augmentation plans for which Denver Water leases replacement water and to augment future depletions under augmentation plans that Denver Water may serve in the future. i. Glendale Augmentation Plan, Case No. 1988CW149, Water Division 1, February 28, 1990. ii. Overland Golf Course Augmentation Plan, Case No. 1991CW028, Water Division 1, May 24, 1993. iii. Lehow Lake and Kassler Refugia Pond Augmentation Plan, Case No. 2002CW060, Water Division 1, September 29, 2003. iv. Barr Lake Wetland Augmentation Plan, Case No. 2003CW129, Water Division 1, December 27, 2006. v. Western Metals Augmentation Plan, Case No. 2004CW062, Water Division 1, December 8, 2004. vi. Fairmount Cemetery Augmentation Plan, Case No. W-8698-77, as amended by the decrees in Case Nos. 90CW212, Water Division 1, and 94CW068, Water Division 1. vii. Cherry Creek Park Well Augmentation Plan, Case No. 1989CW198, Water Division 1, October 24, 2006. viii. Martin Marietta Augmentation Plan, Case No. 1991CW097, Water Division 1, January 12, 1995. ix. JFK Golf Course Augmentation Plan, Case No. 1993CW033, Water Division 1, December 4, 2006. x. Garland Park Well Augmentation Plan, Case No. 1993CW110, Water Division 1, March 7, 2007. xi. Glenmoor Country Club Augmentation Plan, Case No. 1995CW198(A), Water Division 1, July 28, 1997. xii. Lakewood Country Club Augmentation Plan, Case No. 1997CW381, Water Division 1, September 13, 2004. xiii. Polo Club Augmentation Plan: Case No. 2002CW279, Water Division 1, January 29, 2009. xiv. University of Denver College of Law Foundation Well, Case No. 2002CW376, Water Division 1, October 26, 2004. xv. Auraria Higher Education Center Flour Mill Well, Case No. 2003CW083, Water Division 1, August 31, 2005. xvi. Well O of the Cherry Creek Galleries and Conduit No. 5, Augmentation Plan, Case No. 2003CW234, Water Division 1, October 5, 2007. xvii. Inverness Augmentation Plan, Case No. 2008CW226, Water Division 1, May 15, 2017. xviii. Bambei-Walker Mounding Drain, Case No. 2013CW3041, Water Division 1, May 13, 2016. xix. DBS, LLC, Augmentation Plan, Case No. 2013CW3125, Water Division 1, September 3, 2015. xx. Arapahoe Lakes, Augmentation Plan, Case No. 2015CW3176, Water Division 1, March 7, 2017. xxi. Denver Water OCR, Augmentation Plan, Case No. 2016CW3176, Water Division 1, August 30, 2019. e. Change in Place of Use: Denver Water seeks to change the place of use for the Subject Water Right from lands under the ditch to any location within Denver Water’s service area as depicted in Exhibit B. The place of use of any water diverted or stored under this water right is subject to and will be in accordance with the terms of the Colorado River Cooperative Agreement effective September 26, 2013 or as amended. f. Diversion Records, Map of Historically Irrigated Lands, Methods of Analysis: Denver Water may rely on the summaries of records of actual diversions of the Subject Water Right attached as Exhibit C to this Application. Denver Water will use a parcel-by-parcel analysis of the irrigated area shown in Exhibit D to determine the historical consumptive use because it seeks to change only a portion of the City Ditch water right, which portion Denver Water historically used at the lower end of the Ditch north of I-25. II. CLAIM FOR RIGHT OF SUBSTITUTION 5. Return Flow Replacement through Substitution: Denver Water will have return flow replacement obligations resulting from the historical use of the City Ditch water right that is the subject of this application. Denver Water will use the sources listed in paragraph 6 below to meet its return flow replacement obligations (“Replacement Sources”). Denver Water may also use water derived from water rights in addition to those set forth in paragraph 6 below pursuant to statutory procedures; provided the 24

water so released is fully consumable. All releases of replacement sources to meet Denver Water’s return flow replacement obligations will be made in the same time, amount, and location of the historical return flows when a call is being administered on the South Platte River downstream of the historical accrual location senior to the date of this application. 6. Replacement Water: Denver Water owns water rights originally decreed in the South Platte River basin for direct flow irrigation uses and has changed the consumptive use portions of these rights, by decree, to all municipal uses. Denver Water also owns water rights in tributaries to the Colorado River, which Denver imports to the South Platte River basin for beneficial use. In addition, Denver Water owns water rights in not-nontributary Arapahoe and Upper Arapahoe Aquifer formations and water rights in the nontributary Arapahoe and Upper Arapahoe, Laramie- Fox Hills, and the Lower Arapahoe Aquifer formations. Water from these sources will be made available in the amounts and at locations necessary to replace return flows from diversions under the changed City Ditch water right. Water from these sources that is also once or successively used through Denver Water’s potable water system and returned to the South Platte River, and its tributaries will be made available in the amount and at locations, including, but not limited to, outfalls of the various wastewater treatment plants that discharge effluent attributable to Denver Water’s service area, necessary to replace return flows from the Subject Water Right decreed under the December 10, 1883 Adjudication Decree. These water rights include, but are not limited to: a. Beery Ditch, Case No. W-7739-74 WD1, appropriation date of June 15, 1861. b. Four Mile Ditch, Case No. 80CW313 WD1, appropriation date of June 1, 1868. c. Brown Ditch, Case No. 86CW014 WD1, appropriation date of November 30, 1862. d. Nevada Ditch, Case No. 90CW172 WD1, appropriation dates of August 30, 1861- Priority No. 4; December 30, 1865 - Priority No. 19. e. Last Chance Ditch, Case No. 92CW014 WD1, appropriation dates of December 30, 1863 - Priority No. 14; - March 3, 1868 - Priority No. 39. f. Pioneer Union Ditch, Case No. 91CW100 WD1, appropriation dates of December 10, 1861 - Priority No. 5; September 1, 1862 - Priority No. 11. g. Hodgson Ditch, Case No. 91CW102, appropriation date of June 1, 1861 – Priority No. 3. h. Harriman Ditch, Case No. 91CW103, appropriation dates of March 16, 1869 - Priority No. 23; May 1, 1871 - Priority No. 25; March 1, 1882 - Priority No. 30. i. Robert Lewis Ditch, Case No. 91CW105, appropriation date of October 1, 1865 - Priority No. 19. j. Simonton Ditch, Case No. 91CW106, appropriation date of December 25, 1860 - Priority No. 2. k. Warrior Ditch, Case No. 91CW109 WD1, appropriation dates of December 1, 1861 - Priority No. 4; April 16, 1862 - Priority No. 8; October 31, 1864 - Priority No. 14. l. Blue River Diversion Project, Water District No. 36, Summit County Case Nos. 1805 and 1806 and Consolidated Case Nos. 2782, 5016, and 5017, U.S. District Court, appropriation date of June 24, 1946. m. Straight Creek Conduit of the Roberts Tunnel Collection System, Water District No. 36, C.A. No. 2371, appropriation date of January 21, 1957. n. Fraser River and Williams Fork Diversion Projects, Water District No. 51, Grand County, C.A. No. 657, appropriation date of July 4, 1921. This source may be used as a replacement supply under this plan to the extent allowed by the 1940 Agreement except as otherwise modified. o. Darling Creek Extension of the Williams Fork Diversion Project, Water District 51, Grand County, C.A. No. 1430, appropriation date of August 26, 1953. p. Moffat Tunnel Collection System, Water District No. 51, Grand County, C.A. No. 1430, appropriation date of August 30, 1963. q. Hamilton-Cabin Creek Ditch, Extension and Enlargement of Hamilton-Cabin Creek Ditch, Meadow Creek Reservoir, Water District No. 51, Grand County, C.A. No. 657, appropriation Date of July 2, 1932. r. Laramie Fox Hills-1 Well, Case No. 88CW149 WD 1 and Permit Nos. 32363-F and 35393-F. s. South Platte Gravel Pit Storage Right, Case No. 2001CW286 WD1 as amended in Case No. 2013CW3056 WD1, appropriation date of December 28, 2001. t. Denver Metro Wells, Case No. 2003CW186 WD1, for right to withdraw nontributary and not-nontributary water from the Arapahoe, Upper Arapahoe, and Laramie-Fox Hills Aquifers. u. Farmers and Gardeners Ditch Water Right, Case No. 2009CW084 WD1, appropriation date of March 15, 1863. v. Lupton Lakes Storage Complex Water Right, Case No. 2007CW322 WD1, appropriation date of December 28, 2007. w. South Reservoir Complex Enlargement Water Right, Case No. 2009CW264 WD1, appropriation date of December 29, 2009. x. Lawn Irrigation Return Flows, Case No. 2004CW121 WD1, decree date of May 15, 2012. y. Recycle Plant, Case No. 2001CW287, decree date of December 6, 2011, including return flows resulting from delivery of water from Recycle Plant. z. The Subject Water Right to be changed under this Application. aa. Denver Water can also release water from the above-referenced sources stored in Antero 25

Reservoir, Eleven Mile Reservoir, Cheesman Reservoir, Strontia Springs Reservoir, Platte Canon Reservoir, Chatfield Reservoir, Soda Lakes Reservoirs, Harriman Reservoir, Ralston Reservoir, and Gross Reservoir, or discharged from wastewater treatment plants, including the Metro Wastewater Reclamation District Treatment Plants (Hite Treatment Plant and Northern Treatment Plant) or Littleton/Englewood (“Bi-City”) Wastewater Treatment Plant. 7. Location of Replacement Supplies: A map generally depicting the location where return flows will be replaced is attached hereto as Exhibit E. In addition, Denver Water will account for and identify water once used, reused or successively used through its municipal system that is returning to the South Platte River, and deliver such water from one or more of the following sources to replace return flows from the changed portion of the City Ditch water right: a. from the point of release to the South Platte River at the Littleton/Englewood Bi-City Wastewater Treatment Plant; b. by deliveries from storage facilities identified in Paragraph 4.c; c. from the Farmers and Gardeners Ditch Water Right point of diversion and alternate points of diversion decreed in 2009CW084 WD1; d. Lawn Irrigation Return Flows quantified under the decree entered in Case No. 2004CW121 WD1; e. from the point of release into the South Platte River at the Metro Wastewater Reclamation District Hite Plant Outfall; f. from the point of release into the South Platte River at the Metro Wastewater Reclamation District Northern Treatment Plant Outfall; and/or g. by deliveries from storage (South Gravel Pit Complex, North Gravel Pit Complex, and Lupton Lakes Reservoir Complex) of fully consumable water or water decreed for augmentation having been stored in these facilities. III. CLAIM FOR APPROPRIATION OF CITY DITCH RETURN FLOWS 8. Appropriation of Water Right: a. Name of Water Right: City Ditch Return Flows. b. Name of Structure: City Ditch. c. Amount: Denver Water seeks to appropriate all return flows attributable to the 12 c.f.s. of the City Ditch water right at issue in this Application under the appropriation date set forth herein. d. Appropriation Date: The date of filing of this application. e. Sources: South Platte River and alluvial tributary groundwater flowing thereto. f. Points of Diversion: The points of diversion are set forth in paragraphs 4.b. and 4.c above. g. Places of Storage: Water diverted under the City Ditch Return Flow right will be placed in storage in the locations set forth in paragraph 4.c. above. h. Type of Use: Denver Water will use the return flows for the same uses described in paragraph 4.d. above. In addition to these uses, Denver Water will reuse, and successively use the return flows for all uses decreed herein when the calling water right being administered downstream of the Subject Water Right’s historical return flow location on the South Platte River is junior to the appropriation date claimed herein. i. Places of Use: Denver Water will use the return flows at the same location described in paragraph 4.e. above. 9. Name and Address of Owner of the Land Upon Which Any Existing Diversion Structures are or Will be Constructed: Names and addresses of owners or reputed owners of the land upon which any new diversion structure, or modification to any existing diversion structure is or will be constructed, including any modification to the existing water right are set forth below. Denver Water will not use any structure or land to which it does not have a legal interest or right to use. a. Chatfield Reservoir, U.S. Army Corps of Engineers, 9307 South Wadsworth Boulevard, Littleton, CO 80128. United States of America, C/O District Engineer, 6014 USPO Courthouse, Omaha, NE 68102. United States of America, State of Colorado Parks Dept, 1313 Sherman St, Suite 618, Denver, CO 80203. b. City Ditch, City of Englewood, ATTN: Alex Dorotik, Englewood Civic Center, 1000 Englewood Parkway, Englewood, CO 80110. Peter Nichols, Berg Hill Greenleaf Ruscitti LLP, 1712 Pearl Street, Boulder, CO 80302. c. Rueter-Hess Reservoir, Parker Water and Sanitation District, 18100 East Woodman Avenue, Parker, CO 80134. d. Burlington Ditch, Burlington Ditch, Reservoir and Land Company, 80 South 27th Avenue, Brighton, CO 80601. Farmers Reservoir and Irrigation Company, 80 South 27th Avenue, Brighton, CO 80601. Wellington Reservoir Company, 80 South 27th Avenue, Brighton, CO 80601. Henrylyn Irrigation District, 29490 County Road 14, Keenesburg, CO 80643. e. Fulton Ditch, Fulton Irrigating Ditch Company, 25 South 4th Avenue, Brighton, CO 80601. f. Lupton Lakes Complex Diversion Location, Hunt Brothers Properties Inc., c/o Asphalt Specialties Company Inc., 10100 Dallas Street, Henderson, CO 80640-8491.

20CW3201 EAST BOULDER DITCH COMPANY, c/o Richard L. Belt, 1800 Larimer Street, Suite 1300, Denver, CO, 80202, 303-294-2198, [email protected]. Please serve all pleadings on: Jeffrey J. Kahn, Anthony J. Basile, Lyons Gaddis, P.O. Box 978, Longmont, CO 80502-0978, Telephone: 26

(303) 776-9900. APPLICATION FOR SIMPLE CHANGE IN SURFACE POINT OF DIVERSION PURSUANT TO § 37-92-305(3.5), C.R.S. in BOULDER COUNTY. 2. Background: Applicant, in cooperation with the City of Boulder (“City”), is seeking to relocate the headgate of the East Boulder Ditch two hundred feet upstream of the existing location. The relocation of the headgate is part of a habitat improvement project by the City which includes allowing fish passage through this stretch of the stream. 3. Decreed Water Right for Which Change is Sought: A. Name of Structure: East Boulder Ditch. B. Date of Original and Subsequent Decrees: The East Boulder Ditch water right was originally adjudicated by decree CA1371, dated May 18, 1882, Boulder County District Court. The following decrees changed portions of the East Boulder Ditch water right and/or abandoned portions of the East Boulder Ditch water right: CA9594, dated May 21, 1937 by the Boulder County District Court (application of Public Service Company (“PSCO”)); 82CW305 dated April 15, 1986 by the District Court for Water Division No. 1, (“Water Court”) (application of the City of Louisville); and 85CW276 dated April 15, 1987 (application of PSCO). The following decrees, all entered by the Water Court, include the East Boulder Ditch as an alternate point of diversion for other water rights: W-8346-B(1)-76, W-8347-76 and 8346(1)-76 all dated August 28, 1979; 80CW469 dated Jul 16, 1982; 80CW468, dated April 25, 1985 (all applications by the City of Lafayette); W-9308-78 dated July 19, 1985; and 85CW277 dated June 25, 1987 (applications by PSCO). In addition, the following decrees identify the East Boulder Ditch as a point of diversion for water storage rights: CA662 (Pancost-Leggett Reservoir); and CA1211 (Valmont Reservoir) both entered by the Boulder County District Court. C. Legal Description of Structure: The headgate of the East Boulder Ditch is located on the NW 1/4 of Section 3, Township 1 South, Range 70 West of the 6th P.M. on the east bank of South Boulder Creek. D. Decreed Source of Water: South Boulder Creek. E. Appropriation Date for the East Boulder Ditch Water Right: April 1, 1862. F. Total Decreed Amount in Cubic Feet per Second (cfs): The total remaining amount of the East Boulder Ditch water right to be diverted at the East Boulder Ditch is 22.592 cfs as determined in 85CW276. In addition, there are water rights which identify the East Boulder Ditch as an alternate point of diversion and as diversion point for storage rights, including those water rights identified in the decrees specified in section 3.B. above. G. Decreed Uses: Irrigation (pursuant to the original decree in CA1371); and industrial/mechanical (including the generation for electrical energy), augmentation, exchange, fish farming, fire protection, dust control and domestic, both after direct diversion and after storage and those uses of the water rights for which the East Boulder Ditch is decreed as an alternate point of diversion (pursuant to the subsequent decrees specified in section 3. B. above). H. Amount Applicant Intends to Change: Applicant seeks to change all of the water rights decreed to be diverted at the East Boulder Ditch. These water rights include the 22.592 cfs of the East Boulder Ditch specified in section 3.F. above with all water rights decreed for diversion at the East Boulder Ditch including those identifying the East Boulder Ditch as an alternate point of diversion and as a diversion point for storage rights, including those water rights identified in the decrees specified in section 3.B. above. 4. Detailed Description of Proposed Change in Surface Point of Diversion: A. As part of the project described in section 2 above, the replacement headgate location will move approximately two hundred feet upstream. See map attached as Exhibit A. No other change of water right is sought. There is neither any intervening surface diversion or inflow, nor a decreed in-stream flow right between the new point of diversion and the existing point of diversion. B. New Point of Diversion: To be located in the SE 1/4 of the NW 1/4 of Section 3, Township 1 North, Range 70 West of the 6th P.M. in Boulder County, Colorado of which the UTM coordinates are: Easting 481527.97 and Northing 4427317.14 in Zone 13. See map attached as Exhibit A. C. As stated above, Applicant seeks to the change the surface point of diversion for all water rights that are adjudicated to the East Boulder Ditch, including the water rights for which East Boulder Ditch is listed as an alternate point of diversion and as a point of diversion for water storage rights. 5. Owners of Land Upon Which Structures are Located: City of Boulder, P.O. Box 791, Boulder, Colorado 80306-0791. DATED: December 29, 2020. Application is 4 pages with 1 exhibit.

20CW3202 RANDK, LLC, MOUNTAIN MUTUAL RESERVOIR COMPANY, and NORTH FORK ASSOCIATES, LLC; RandK, LLC, c/o Rodney Morgan, 29222 Marys Drive, Conifer, CO 80433; Email: [email protected]; Telephone: (303) 335-76696; Mountain Mutual Reservoir Company, 27

6949 Highway 73, Suite 15, Evergreen, CO 80439; Email: [email protected]; Telephone: (303) 989- 6932; and North Fork Associates, LLC, 2686 S. Yukon Ct., Denver, CO 80227; Email [email protected]; Telephone: (303) 988-7111. Please direct all correspondence concerning this Application to: Aaron Ladd, Esq., Vranesh and Raisch, LLP, 5303 Spine Road, Suite 202, Boulder, CO 80301; Email: [email protected]; Telephone: (303) 443-6151. APPLICATION FOR PLAN FOR AUGMENTATION INCLUDING EXCHANGE, APPROPRIATIVE RIGHT OF EXCHANGE AND TO VACATE PRIOR AUGMENTATION PLAN IN JEFFERSON AND PARK COUNTIES. CLAIM NO. 1: APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE PROJECT RIGHT 2. Names of Structures to be Augmented and General Description: Co-Applicant RandK owns 45.37 acres, consisting of two parcels of land, located in the SW1/4 of the SW1/4 of Section 22 and the NW1/4, Section 27, Township 6 South, Range 71 West of the 6th P.M., consisting of Apache Trail Subdivision Lot 1, a/k/a, 29222 Mary’s Dr., Conifer, Colorado 80433 and Apache Trail Subdivision Lot 2, a/k/a, 11609 Apache Trail, Conifer, Colorado 80433, as shown on the map attached as Exhibit A (together the “RandK Property”). RandK seeks an augmentation plan using water associated with 3.3 shares of Mountain Mutual Reservoir Company (“MMRC”) to replace out-of-priority pumping from two wells serving three residential units on the RandK Property, consisting of one single family residence and one duplex. As described below, Co-Applicant seeks to vacate the augmentation plan decreed in Case No. 96CW1048, which plan currently serves McCarthy Well No. 1, described below. The wells to be augmented pursuant to this augmentation plan are: a. The McCarthy Well No. 1: Permit No. 66495-F, decreed in Case No. 96CW1048, Water Division 1, entered December 23, 1996, for domestic purposes within a single-family residence and fire protection purposes. The McCarthy Well No. 1 was made absolute in Case No. 11CW166. The McCarthy Well No. 1 is located on Apache Trail Lot 1 in the SW1/4 of the SW1/4 of Section 22, Township 6 South, Range 71 West of the 6th P.M., at a point 330 feet from the south line and 150 feet from the west line of said Section 22. b. The Page Well 30054: Permit No. 30054-A, decreed in Case No. W-1572, Water Division 1, entered December 26, 1972, for domestic purposes. The Page Well 30054 is located on the Apache Trail Lot in the S1/2 of the NW1/4 of the NW1/4, Section 27, Township 6 South, Range 71 West of the 6th P.M. The UTM coordinate for the well is 471541 E, 4372965 N, Zone 13, NAD 83. 3. Water Rights to be used for Augmentation Purposes: RandK is the owner of the augmentation plan decreed in Case No. 96CW1048, which currently augments out- of-priority depletions associated with the McCarthy Well No. 1, described above. RandK seeks to vacate the augmentation plan decreed in Case No. 96CW1048 in order to utilize the 1.1 MMRC share associated with that prior augmentation plan in this case. In addition, RandK is under contract to purchase an additional 2.2 shares of MMRC for this augmentation plan. In sum, RandK owns 3.3 shares of MMRC to satisfy its augmentation needs in this case, which represents 0.075 acre-feet firm yield from the Guiraud 3T Ditch, 0.029 acre-feet of water stored in Spinney Mountain Reservoir, and 0.035 acre-feet storage space in Maddox Reservoir. These water rights associated with the 3.3 shares of MMRC are more particularly described as follows: a. Guiraud 3T Ditch. MMRC owns 3.481 cubic feet per second of the water rights decreed in the Guiraud 3T Ditch as follows:

Adjudication Date Appropriation Date Amount

Oct. 18, 1889 July 1, 1867 20 cfs

(Original Adjudication

Water District 23)

The Guiraud 3T Ditch headgate is located on the South bank of the Middle Fork of the South Platte River in the NE1/4, Section 8, Township 11 South, Range 76 West, 6th P.M., Park County, Colorado, at a point whence the Northeast Corner of the NE1/4 of said Section 8 bears North 63° 35” East, 1,305 feet. Originally decreed for irrigation uses, this water right has been subject to various change proceedings. Past decrees

28

have determined the average annual consumptive use under the Guiraud 3T Ditch to be 21.825 acre feet per year per 1.0 cfs. MMRC therefore owns 75.972 acre-feet of consumptive use replacement water associated with its 3.481 cfs interest in the Guiraud 3T Ditch. The firm yield of Guiraud 3T Ditch owned by MMRC is shown on Exhibit B. b. Spinney Mountain Reservoir. Located on the South Platte River, with the left abutment of the dam at a point whence the Southwest corner of Section 36, Township 12 South, Range 74 West, 6th P.M., Park County, Colorado, bears South 23o26' West a distance of 8,314.3 feet. North Fork Associates/MMRC have a deeded right from the City of Aurora for a firm annual delivery of 80 acre-feet from the water decreed to the Spinney Mountain Reservoir including but not limited to the following:

Decree Appropriation Date Amount (Acre-Feet)

1973; Case No. W-7395 March 26, 1973 86,000

The waters are decreed for domestic, irrigation, municipal and all other beneficial uses. As stated in a special warranty deed dated March 23, 1987, recorded in Park County on May 29, 1987, at Book 411, Page 876, from the City of Aurora, grantor, to Mountain Mutual Reservoir Company and North Fork Associates, LLC, grantees, the supply of water which is lawfully available to the Seller and subject to this Agreement includes an undivided interest in the right of first use of a firm yield of 80 acre-feet of water per annum from "any of the water rights owned by Aurora and decreed for storage in Spinney Mountain Reservoir." MMRC’s allocation of storage in Spinney Mountain Reservoir is set forth in Exhibit C. c. Maddox Reservoir. The Maddox Reservoir is located in the NE1/4 SW1/4, Section 22, Township 7 South, Range 73 West of the 6th P.M. in Park County. It was adjudicated on November 11, 1971 with an appropriation date of May 31, 1905. It is decreed for multiple purposes including irrigation, domestic, fish culture and recreation with a capacity of 54.0 acre-feet. It is filled by the Maddox Reservoir Feeder Ditch, which diverts from the North Fork of the South Platte River in the NE1/4, SE1/4, SW1/4, Section 22, Township 7 South, Range 73 West of the 6th P.M. and decreed as an alternate point of diversion for the Slaght Ditch. Allocation of storage in Maddox Reservoir is attached as Exhibit D. d. Lower Sacramento Creek Reservoir. The Lower Sacramento Creek Reservoir Company, a Colorado corporation, owns and operates the Lower Sacramento Creek Reservoir No. 1. The reservoir is located in the NE 1/4 NW 1/4, Section 32, and the SE 1/4 SW 1/4, Section 29, Township 9 South, Range 77 West, 6th P.M., Park County, Colorado. North Fork Associates owns 932 shares of a total of 3,700 shares in the Company (a 25.2% interest). The reservoir has been constructed and is entitled to store water under the following decree:

Adjudication Date Appropriation Date Amount

Case No. W-7741-74 July 25, 1974 40 a.f.

Case No. 84CW250 Use of Res. as Recharge Facility

Case No. 85CW465 Use of Res. as Recharge Facility

The water may be used for domestic, municipal, commercial, industrial, irrigation, fish and wildlife propagation, recreational and all other beneficial purposes, including exchange to compensate for depletions in the South Platte River and its tributaries. Other owners in the reservoir have transferred water rights to

29

Lower Sacramento Creek Reservoir No. 1 in which Applicants have no interest. e. Nickerson No. 2 Ditch. The Nickerson No. 2 Ditch, with a South Platte Priority No. 262 and North Fork Drainage Priority No. 24 has an appropriation date of May 1, 1872 as adjudicated by the District Court for Park County on May 22, 1913 in the amount of 0.65 of a cubic-foot-per-second. The headgate is located on the North bank of Deer Creek at a point whence the E1/4 Corner, Section 9, Township 7 South, Range 72 West of the 6th P.M., bears North 58º15’ East, 2,320 feet and has historically irrigated approximately 35 acres adjacent to Deer Creek in the SE1/4 Section 9, NW1/4 Section 15, and NE1/4 Section 16, Township 7 South, Range 72 West of the 6th P.M. all in Park County. f. Parmalee No. 1 Ditch. The Parmalee No. 1 Ditch, with a South Platte Priority No. 251 and North Fork Drainage Priority No. 14 has an appropriation date of May 1, 1867 as adjudicated by the District Court for Park County on May 22, 1913 in the amount of 0.52 of a cubic-foot- per-second. In that decree the headgate was located on the North bank of Deer Creek at a point whence the S1/4 Corner of Section 32, Township 6 South, Range 72 West of the 6th P.M., bears South 70° 6’ East, 1,210 feet. Water Division No. 1 District Court Case No. W-7434 changed the location of the headgate to the Nickerson No. 2 Ditch, as shown above. g. Carruthers No. 2 Ditch. The Carruthers No. 2 Ditch, with a South Platte Priority No. 250 and North Fork Drainage Priority No. 13 has an appropriation date of May 1, 1867 as adjudicated by the District Court for Park County on May 22, 1913 in the amount of 0.52 of a cubic-foot-per-second. In that decree the headgate was located on the North bank of Deer Creek at a point whence the S1/4 Corner between Section 31 and 32, Township 6 South, Range 72 West of the 6th P.M., bears North 85° 30’ East, 1,398 feet. Water Division No. 1 District Court Case No. W-7434 changed the location of the headgate for 0.28 of a cubic-foot-per-second to the Nickerson No. 2 Ditch, as shown above. This 0.28 of a cubic-foot-per-second is included in this contract. h. Slaght Ditch. In accordance with the Decree entered in Civil Action No. 1678 of Park County District Court, on May 22, 1913, the Slaght Ditch was awarded a direct flow priority of May 1, 1863, for 2.0 cubic feet per second for irrigation purposes. The source of water is the North Fork of the South Platte River. The point of diversion for the Slaght Ditch was originally established to be a point on the North bank of the North Fork of the South Platte River in the NE1/4 SE1/4, of Section 21, Township 7 South, Range 73 West, 6th P.M., approximately 2,060 feet North and 490 feet West of the SE Corner of Section 21. Pursuant to a decree entered by the District Court for Water Division 1 in Case No. 82CW472, on October 3, 1983, the Maddox Reservoir Feeder Ditch was approved as an alternate point of diversion for the Slaght Ditch water right. The point of diversion of the Maddox Reservoir Feeder Ditch is located on the North bank of the North Fork of the South Platte River in the NW1/4 SW1/4, Section 22, Township 7 South, Range 73 West, 6th P.M., approximately 1,240 feet East and 1,740 feet North of the SW Corner of Section 22. In Case No. 79CW339, 0.12 of a cubic foot per second of the Slaght Ditch water right was changed to augmentation, replacement and storage purposes. In Case No. 81CW253, the point of diversion for 0.008 of a cubic foot per second of the Slaght Ditch priority was changed to a new location, with the water continuing to be used for irrigation purposes. Of the remaining 1.872 cubic feet per second, 0.481 of a cubic foot per second was transferred by MMRC in Case No. 2003CW238 and 0.727 was transferred in Case No. 2016CW3197. i. Mack Ditch No. 2. In accordance with the Decree entered in Civil Action No. 1678 of the Park County District Court, on May 22, 1913, the Mack Ditch No. 2 as awarded a direct flow priority of May 1, 1863, for 1.0 cubic foot per second for irrigation purposes. The source of water is the North Fork of the South Platte River. The point of diversion of the Mack Ditch No. 2 was originally established to be on the South bank of the North Fork of the South Platte River at a point in the NE1/4 SE1/4, Section 21, Township 7 South, Range 73 West, 6th P.M., Park County, Colorado whence the E1/4 Corner of said Section 21 bears North 43 degrees East, a distance of 984 feet more or less. By an Order of the Park County District Court entered on October 17, 1927, the point of diversion was moved approximately 789 feet upstream to a point on the South bank of the North Fork of the South Platte River in the NE1/4 SE1/4, Section 21, Township 7 South, Range 73 West, 6th P.M., whence the E1/4 Corner of said Section 21 bears North 79 degrees 30 seconds East, a distance of 1,292 feet, more or less. In Case Nos. W-7503, W7548, 80CW080, 80CW455, 81CW143, 81CW298, and 89CW081, at total of 0.1191 of a cubic foot per second of Mack Ditch No. 2 water right was transferred out of the ditch for uses other than irrigation. Of the remaining 0.8809 of a cubic foot per second, 0.44045 of a cubic foot per second was transferred by MMRC in Case No. 2003CW238. j. Firm Yield of Nickerson 30

Ditch Rights: The Nickerson No 2, Parmalee No. 1, and Carruthers No. 2 Ditches are referred to herein as the “Nickerson Ditch Rights.” The Decree issued in Case No. 2000CW174, dated October 11, 2002, quantified the historic consumptive use associated with the Nickerson Ditch Rights. The terms and conditions under which the Nickerson Ditch Rights are used for augmentation, replacement, exchange and storage purposes were also defined and approved in Case No. 2000CW174, as follows: i. The Nickerson Ditch Rights may be left in the stream system to offset depletions from water use by MMRC shareholders. The water may also be stored in the Lower Sacramento Creek Reservoir No. 1, Maddox Reservoir and other MMRC reservoirs within the South Platte River Basin located above South Platte, Colorado; provided, however, that the details of storage in another reservoir are published in the Water Resume, or such storage is approved by the State Engineer pursuant to Paragraphs 37-80-120 and 37-92-308, 10 C.R.S. (2002). ii. The maximum rate of diversion under the Nickerson Ditch Rights is 0.8 of a cubic foot per second. Diversions are limited to the May 1, 1867 priorities decreed to the Parmalee Ditch No. 1 and the Carruthers Ditch No. 2. iii. Diversions to storage and/or assignment for in-stream augmentation credit are limited to the period April 23 through October 31 of each year, and are further limited to those times when water is physically and legally available for diversion at the historic Nickerson Ditch No. 2 headgate on Deer Creek. If the May 1, 1867, priority is not fully satisfied to the extent of 0.8 of a cubic foot per second, the diversion rate is reduced to the flow, which is then physically and legally available. iv. Maximum monthly diversions under the Nickerson Ditch Rights are limited as follows: April, 2.0 acre feet; May, 16.0 acre feet; June, 19.0 acre feet; July, 16.0 acre feet; August, 10.0 acre feet; September, 7.0 acre feet; and October, 4.0 acre feet. Maximum annual diversions are limited to 62 acre-feet per year. During any consecutive ten-year period, total diversions are further limited to 486 acre-feet. k. Firm Yield of Slaght Ditch Rights: The Slaght Ditch and Mack Ditch No. 2 water rights described herein shall hereinafter be referred to collectively as “Slaght Ditch Rights.” The Decree issued in Case No. 2003CW238, dated October 24, 2006, quantified the historic consumptive use associated with the Slaght Ditch Rights. The terms and conditions under which these water rights are used for augmentation, replacement, exchange and storage purposes were also defined and approved in Case No. 2003CW238, as follows: i. The Slaght Ditch Rights may be left in the stream system to offset depletions from water use by MMRC shareholders. The water may also be stored in the Lower Sacramento Creek Reservoir No. 1 or the Maddox Reservoir. ii. The maximum rate of diversion under the Slaght Ditch Rights is 0.5 of a cubic foot per second. iii. Diversions to storage and/or assignment for in-stream augmentation credit are limited to the period May 1 through October 31 of each year, and are further limited to those times when water is physically and legally available for diversion at the historic Slaght Ditch headgates on the North Fork of the South Platte River. If the May 1, 1867, priority is not fully satisfied to the extent of 2.0 cubic foot per second for the Slaght Ditch and 1.0 cubic foot per second for the Mack Ditch No. 2, MMRC’s diversions are limited to its prorate entitlement to the water when physically and legally available. iv. Maximum annual diversions of the portion of the Slaght Ditch Rights changed in 2003CW238 are limited to 41 acre-feet per year. During any consecutive ten year period, the total diversions are further limited to 342 acre feet. v. Pursuant to the Decree issued in Case No. 2016CW3197, the historic consumptive use associated with an additional 0.727 cfs of the Slaght Ditch water right yields 31.8 acre-feet of consumptive use water. 4. Statement of Plan for Augmentation: The water demands consist of in-house use for three residential units, comprised of one single family dwelling and one duplex. The in-house water requirements for each dwelling unit assumes an average occupancy of 3.5 capita. The estimated water requirements are 80 gallons per capita per day (gpcd) for in-house uses, with 10% consumption based on subsurface discharge from an individual septic tank-soil absorption system. This plan will require 0.104 of an acre-foot of replacement water, including delivery losses, as shown in the table as follows:

Use Water Unit Quantity CU Rate Replace Summer Winter Requirement Require Require Require Ac-Ft Ac-Ft Ac-Ft

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In-house 80gl/cap/dy 3 0.942 10% 0.094 0.039 0.055 (0.0314 af/yr)

Tran-chg 0.13%/mi Variable 0.010 100% 0.010 0.007 0.003

The monthly on-site depletions are as follows in acre-feet:

Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct 0.008 0.008 0.007 0.007 0.008 0.008 0.008 0.008 0.008 0.008 0.008 0.008 a. The total consumptive use water requirement will be met with 0.075 acre-feet firm yield from the Guiraud 3T Ditch, 0.029 acre-feet of water stored in Spinney Mountain Reservoir, and 0.035 acre- feet storage space in Maddox Reservoir. (See Exhibits “B,” “C,” and “D”). Whenever possible, out- of-priority depletions to the stream system which occur during the period May through September 31, inclusive, will be continuously augmented by MMRC foregoing the diversion of a portion of its Guiraud 3T Ditch water right. During times when the Guiraud 3T Ditch water right is not in priority and during the non-irrigation season, out-of-priority depletions will be augmented by releasing water from Spinney Mountain Reservoir and Maddox Reservoir. MMRC also seeks the right to use the Nickerson Ditch Rights, Slaght Ditch Rights, and/or Lower Sacramento Creek Reservoir as an alternate supply to make replacements pursuant to this augmentation plan. b. The calculated requirements of the direct flow water rights from May through September are a total of 0.039 of an acre-foot at the point of depletion on an unnamed tributary of Casto Creek in the NE1/4 SW1/4, Section 27, Township 6 South, Range 71 West of the 6th P.M. The point of delivery of this water will be the confluence of the North Fork of the South Platte River and the South Platte River in the SW1/4 SE1/4, Section 25, Township 7 South, Range 70 West of the 6th P.M. The distance from the historic headgate of the Guiraud 3T Ditch on Middle Fork of the South Platte River to its confluence with the North Fork of the South Platte River and the South Platte River is 96 miles. At 0.13% per mile the stream loss from the headgate of the Guiraud 3T Ditch to the point of delivery is 11.2%, (0.007 AF). The distance from the outlet of the Spinney Mountain Reservoir to the same point of depletion is 70 miles. With the same rate of loss, the transportation loss from November through April is 8.7%, (0.002 AF). The distance from the outlet of the Maddox Reservoir to the same point of depletion is 22 miles. With the same rate of loss, the transportation loss from November through April is 2.9%, (0.001 AF). The total replacement requirement at the points of exchange at the confluence of the North Fork of the South Platte River and South Platte River is 0.094 of an acre-foot. c. 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 of short duration. 5. Exchange Project Rights: Since the points of depletion associated with the augmented structures are upstream of the augmentation supplies, Applicants assert an exchange project right pursuant to Sections, 37-92-103(9), 37-92-302(1)(a), 37-92-304(3), and 37-92-305(5), C.R.S., to be operated in conjunction with the augmentation plan described in this Application. For exchange of Guiraud 3T and releases from Spinney Mountain Reservoir, the reach is from the confluence of the North Fork of the South Platte River and the South Platte River in the SW1/4 SE1/4, Section 25, Township 7 South, Range 70 West, thence up the North Fork of the South Platte River to its confluence with Kennedy Gulch in the SW1/4 SE1/4, Section 16, Township 7 South, Range 70 West, thence up Kennedy Gulch to its confluence with Casto Creek in the SW1/4 SW1/4, Section 24, Township 6 South Range 70 West, thence up Casto Creek to its confluence with an unnamed creek in the NE1/4 SW1/4, Section 27, Township 6 South, Range 70 West, thence up the unnamed creek to the point of depletion in the SW1/4 SW1/4, Section 22, Township 6 South, Range 70 West of the 6th P.M. For the exchange of the water from Maddox Reservoir, the exchange reach is the same as the previous starting at the confluence of the North Fork of the South Platte River and Kennedy Gulch. In the event that there is

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an intervening senior water right that precludes operation of the exchange project right, the Applicants will have replacement water delivered by truck to the point of depletions or have an on-site container from which replacement water may be released. The water exchange plan will operate to replace depletions to the flow of water in the stream system as the depletions occur. The water exchange plan will be operated and administered with a priority date of December 29, 2020, at a maximum flow rate of 0.001 of a cubic foot per second. CLAIM NO. 2: APPROPRIATIVE RIGHT OF EXCHANGE 6. Name of Exchange: MMRC Exchange No. 6. a. Description of Exchange and Legal Description of Upstream and Downstream Points: The exchange will allow MMRC to exchange HCU associated with the Guiraud 3T Ditch, as described in paragraph 3.a, above, upstream into storage in Maddox Reservoir, described in paragraph 3.c., above. The exchange reach is from the downstream terminus at the confluence of the North Fork of the South Platte River and the South Platte River in the SW1/4 SE1/4, Section 25, Township 7 South, Range 70 West, thence up the North Fork of the South Platte River to Maddox Reservoir Feeder Ditch, which diverts from the North Fork of the South Platte River in the NE1/4, SE1/4, SW1/4, Section 22, Township 7 South, Range 73 West of the 6th P.M., by which water will be exchanged into storage in Maddox Reservoir. b. Source: The source of water for the exchange will be consumptive use water decreed to the Guiraud 3T Ditch, as described in paragraph 3.a, above. To exercise the exchange, MMRC will deliver its consumptive use water decreed to the Guiraud 3T Ditch from the headgate of the Guiraud 3T Ditch on the South bank of the Middle Fork of the South Platte River in the NE1/4, Section 8, Township 11 South, Range 76 West, 6th P.M., Park County, Colorado, at a point whence the Northeast Corner of the NE1/4 of said Section 8 bears North 63° 35” East, 1,305 feet, downstream to the downstream terminus of the exchange, the confluence of the North Fork of the South Platte River and the South Platte River, as described in paragraph 6.a., above. Delivery of the Guiraud 3T Ditch HCU will be assessed a delivery loss for the 96 miles between the headgate and downstream terminus of the exchange. At 0.13% per mile the stream loss from the headgate of the Guiraud 3T Ditch to the point of delivery is 11.2%. The Guiraud 3T Ditch has been quantified and changed in a number of prior cases, including but not limited to the cases listed on Exhibit B, attached hereto. MMRC seeks the right to exchange its consumptive use water decreed to the Guiraud 3T Ditch pursuant to this exchange into storage in Maddox Reservoir to the extent not needed for immediate use. c. Date of Appropriation: December 29, 2020. d. How Appropriation was Initiated: By filing this Application. e. Date Water Applied to Beneficial Use: N/A. f. Amount Claimed: The rate at which water will be exchanged will be 1.0 cfs, CONDITIONAL. g. Uses: Once the consumptive use water decreed to the Guiraud 3T Ditch is exchanged into storage in Maddox Reservoir, it will be used for replacement, augmentation, and exchange purposes by shareholders of the MMRC. CLAIM NO. 3: VACATION OF PRIOR AUGMENTATION PLAN DECREED IN CASE NO. 2008CW240 7. Of RandK’s total 3.3 shares of MMRC, 1.1 shares are presently associated with the augmentation plan decreed in Case No. 96CW1048 (“Prior Augmentation Plan”). In order to use the 1.1 shares in the Prior Augmentation Plan in this replacement augmentation plan, RandK seeks to vacate the Prior Augmentation Plan, conditional on successful approval of the replacement augmentation plan sought by this Application. The only augmented structure included in the Prior Augmentation Plan is the McCarthy Well No. 1, which structure will continue to be augmented under the augmentation plan sought by this Application; accordingly, no injury will occur by vacating the Prior Augmentation Plan. 8. Name(s) and address(es) of owner(s) or reputed owner(s) 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: Applicant, RandK, LLC, is owner of the RandK Property. WHEREFORE, Applicants request the entry of a decree approving this Application, specifically: (1) granting the appropriations sought in this Application, (2) authorizing use of the augmentation supplies described in this Application, including through the vacation of the augmentation plan Decreed in Case No. 96CW1048, and (3) determining that the source and location of delivery of augmentation water are sufficient to prevent material injury to vested water rights. The Applicants also request entry of an Order directing the State Engineer to issue well permits or replacement well permits for the wells to be augmented pursuant to this Application. (15 pgs., 4 Exhibits)

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20CW3203, THE CONSOLIDATED MUTUAL WATER COMPANY, 12700 West 27th Avenue, Lakewood, CO 80215, (303) 238-0451, through counsel Evan D. Ela and Joseph W. Norris, Collins Cockrel & Cole, P.C., 390 Union Boulevard, Suite 400, Lakewood, CO 80215, (303) 986-1551, APPLICATION FOR FINDING OF REASONABLE DILIGENCE ON CONDITIONAL WATER RIGHTS AND TO MAKE DECREED CONDITIONAL WATER RIGHTS ABSOLUTE in ADAMS AND WELD COUNTIES. 2. Name of Structures. Perry Pit East Reservoir (formerly known as Wattenburg Reservoir). 3. Description of the subject conditional water rights (“Subject Water Rights”): (a) Previous Decrees: (1) The Perry Pit East Reservoir was originally decreed on June 14, 2000 in Case No. 97CW390, Findings and Ruling of the Referee and Decree of the Water Court, District Court, Water Division No. 1. An amended final decree was issued on August 5, 2000, Amended Decree of the Water Court, by the District Court, Water Division No. 1. (2) Findings of reasonable diligence toward perfection of the Subject Water Rights were approved by decree issued on May 25, 2007 in Case No. 06CW133, Findings of Fact, Conclusions of Law, Ruling of the Referee, Judgment and Decree, District Court, Water Division No. 1. (3) The most recent findings of reasonable diligence toward perfection of the Subject Water Rights were approved by decree issued on December 4, 2014 in Case No. 13CW3052, Findings of Fact, Conclusions of Law, Ruling of the Referee, Judgment and Decree, District Court, Water Division No. 1. (4) Three alternate points of diversion to the Wattenburg Reservoir Pump Station, one of the points of diversion for the Subject Water Rights, were approved by decree issued on June 1, 2015 in Case No. 2007CW30, Findings of Fact, Conclusions of Law, Judgment and Decree, District Court, Water Division No. 1. (b) Legal Description of Reservoir Structure. Located in the NE/4 of Section 25, Township 1 North, Range 67 West of the 6th P.M. and the NW/4 of Section 30, Township 1 North, Range 66 West of the 6th P. M., Weld County, Colorado. The approximate centroid of the Perry Pit East Reservoir is located in Section 25, Township 1 North, Range 67 West of the 6th P.M. at a point 862 feet south of the north section line and 78 feet west of the east section line of said Section 25; UTM Easting of 514520.9 and Northing of 4430772.8, Zone 13 North, NAD83. (c) Points of Diversion for Filling Perry Pit East Reservoir. (1) Wattenburg Reservoir Pump Station: On the west bank of the South Platte River in the NW/4 of Section 30, Township 1 North, Range 66 West of the 6th P. M., Weld County, Colorado. The approximate location of this point of diversion is 1,075 feet east of the west section line and 875 feet south of the north section line of said Section 30. Three alternate points of diversion to the Wattenburg Reservoir Pump Station were approved as decreed in Case No. 2007CW30, District Court, Water Division No. 1. These alternate points of diversion have been permitted, constructed and are located as follows: (i) Well No. 1 (Permit No. 62953- F): On the west bank of the South Platte River in the NW/4 of the NW/4 of Section 30, Township 1 North, Range 66 West of the 6th P. M., Weld County, Colorado, at a point approximately 120 feet south of the north section line and 975 feet east of the west section line of said Section 30. (ii) Well No. 2 (Permit No. 62954-F): On the west bank of the South Platte River in the NW/4 of the NW/4 of Section 30, Township 1 North, Range 66 West of the 6th P. M., Weld County, Colorado, at a point approximately 445 feet south of the north section line and 1,040 feet east of the west section line of said Section 30. (iii) Well No. 3 (Permit No. 62955-F): On the west bank of the South Platte River in the NW/4 of the NW/4 of Section 30, Township 1 North, Range 66 West of the 6th P. M., Weld County, Colorado, at a point approximately 710 feet south of the north section line and 920 feet east of the west section line of said Section 30. (2) Brighton Ditch Headgate: The Brighton Ditch headgate is located on the west bank of the South Platte River in the SE/4 of the SE/4 of the SE/4 of Section 11, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. (3) Slough Ditch No. 1: In the NE/4 of Section 25, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado, at a point located approximately 350 feet west of the east section line and 1,545 feet south of the north section line of said Section 25. (4) Slough Ditch No. 2: In the NE/4 of Section 25, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado, at a point located approximately 2,462 feet west of the east section line and 2,670 feet north of the south section line of said

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Section 25. (d) Source. (1) Wattenburg Reservoir Pump Station, Well Nos. 1, 2 & 3, and the Brighton Ditch: South Platte River. (2) Slough Ditch Nos. 1 and 2: Wastewater, drainage water and overland flow. (e) Date of appropriation. December 31, 1997. (f) Storage Amounts. 1,400 acre-feet active capacity, CONDITIONAL. (g) Filling Rates. (1) Wattenburg Reservoir Pump Station, and Well Nos. 1, 2 & 3: 30 cfs. (2) Brighton Ditch: 60 cfs. (3) Slough Ditch No. 1: 5 cfs. (4) Slough Ditch No. 2: 3 cfs. (h) Uses. Augmentation, including replacement of evaporation from gravel pits owned or operated by Applicant, irrigation, industrial use in gravel mining operations, on site recreation, fish propagation, wildlife habitat, dust suppression, and replacement and exchange for the above-referenced uses. Any augmentation or replacement use may only occur under a separate decreed augmentation plan of State Engineer approved substitute supply plan. Any exchange of water released from the Perry Pit East Reservoir must be approved by the State Engineer, the Division Engineer or their employees or agents. Lands to be irrigated consist of 40 acres in the NE/4 of Section 25, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado. 4. Diligence Activities. The relevant diligence period for this case includes June 2013 through December 2020. Work done and funds expended by Applicant during the relevant diligence period toward completion of the appropriation included the following: (a) Consolidated expended approximately $90,017 for maintenance and operations of Perry Pit East Reservoir. (b) Consolidated expended over $200,000 for legal costs to defend Consolidated’s portfolio of water rights in water court actions filed by other parties. (c) Consolidated budgets and expends approximately $2 million per year for improvements to its water distribution system each year – in total about $12 million over the relevant diligence period. (d) In 2001, Consolidated entered into a 20-year purchase contract with Asphalt Paving Company for acquisition and development of storage capacity in Perry Pit East Reservoir. During the relevant diligence period, Consolidated commenced negotiations for immediate possession of the Perry Pit East Reservoir property from Asphalt Paving Company to facilitate a faster schedule for mining and development of storage capacity. As of the end of year, 2017, all work to complete the storage capacity and related facilities was complete, and Consolidated fully owned the completed storage reservoir. (e) Consolidated entered into a 10-year Water Storage Lease Agreement with the Town of Ft. Lupton on June 26, 2012, which provided for a lease of 150 acre-feet of water storage capacity within Perry Pit East Reservoir as well as a lease of stored water for Ft. Lupton’s use. On April 10, 2013, Consolidated entered into the First Addendum to Water Storage Lease Agreement with the Town of Ft. Lupton, which provided for the lease of 300 additional acre-feet of water storage capacity within Perry Pit East Reservoir for Ft. Lupton’s use as well as a sale of 50 acre-feet of stored water to Ft. Lupton. On October 17, 2016, Consolidated entered into the Second Addendum to Water Storage Lease Agreement with the Town of Ft. Lupton, which provided for draining of the reservoir so that excavation and lining of the entire reservoir could be completed. (f) On February 4, 2020, after completion of mining and lining the storage capacity available in the Perry Pit East Reservoir, Consolidated entered into a 12-year Water Storage Lease Agreement with the Town of Ft. Lupton for 912 acre-feet of water storage capacity and associated diversion facility capacity. Consolidated reserved 50 acre-feet of water storage capacity for its own use during the lease term. This Water Storage Lease Agreement also provides for sale of Consolidated’s stored water to Ft. Lupton upon demand at a pre- determined price. This Water Storage Lease Agreement terminated and supplanted all prior existing leases with Ft. Lupton. Consolidated expended over $15,000 for staff, legal and engineering costs associated with negotiating and finalizing the Water Storage Lease Agreement, and managing the diversion and storage of water in Perry Pit East Reservoir. 5. Claim to make absolute. Consolidated Mutual has maintained steady application of effort to complete the appropriation of the conditional portions of the Subject Water Rights up to and through the adjudication of continued diligence in Case Nos. 06CW133 and 13CW3052. This Application seeks to perfect a portion of the conditional Subject Water Rights. (a) During the period from December 19, 2007 through January 30, 2008, Consolidated diverted and stored 103.76 acre-feet at a maximum daily diversion rate of 3.21 cfs through Well Nos. 1, 2, & 3. 6. Name and address of potentially

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affected landowners: The property upon which Perry Pit East Reservoir, the point of diversion of the Slough Ditch No. 2 and Well Nos. 1, 2 and 3, and the Wattenberg Reservoir Pump Station are located is owned by the Applicant. The property upon which the point of diversion of the Slough Ditch No. 1 is located is owned by the City of Westminster, Director of Public Works, 4800 W. 92nd Ave., Westminster, Colorado 80030. The property upon which the Brighton Ditch Headgate is located is owned or controlled by the Brighton Ditch Company, 3286 WCR 23, Fort Lupton, Colorado 80621. (7 pages). 20CW3204 CONCERNING THE APPLICATION FOR WATER RIGHTS OF APPLICANTS: FERNANDO SANTOS ARROYO AND EVELYN MARQUEZ. In ELBERT COUNTY. Attorneys for Applicant: Mark D. Detsky, Atty. Reg. No. 35276, K.C. Cunilio, Atty. Reg. No. 51378, Dietze and Davis, P.C., 2060 Broadway, Suite 400, Boulder, CO 80302, Email: [email protected]; [email protected]; Phone: (303) 447-1375. Water Division: 1. APPLICATION FOR DETERMINATION OF DENVER BASIN GROUNDWATER RIGHTS AND APPROVAL OF A PLAN FOR AUGMENTATION IN ELBERT COUNTY 1. Applicants: Fernando Santos Arroyo and Evelyn Marquez, 724 Pinewicket Way, Parker, CO 80138, Telephone: 720-236-0314, Email: [email protected]. Please address filings and inquiries to Applicants’ attorneys: Mark D. Detsky, K.C. Cunilio, Dietze and Davis, P.C., 2060 Broadway, Suite 400, Boulder, CO 80302, Phone: (303) 447- 1375, Email: [email protected]; [email protected]. 2. Background and summary: Fernando Santos and Evelyn Marquez (the “Applicants”) have joint ownership of the parcel subject to this application. This application seeks to quantify and adjudicate the appropriation of Upper and Lower Dawson ground water in the Denver Basin underlying their 6.62-acre property located in Elbert County, Colorado. The Denver Basin ground water in the Denver, Arapahoe, and Laramie-Fox Hills aquifers was adjudicated by prior decree. Applicants’ existing well was constructed in the not-nontributary Upper Dawson aquifer. The application also requests approval of a plan for augmentation for the existing well that allows for non-exempt uses related to two single-family dwellings, watering of livestock and animals, and irrigation of lawn and landscaped areas. I. CLAIM FOR DENVER BASIN UNDERGROUND WATER RIGHTS, 3. Property Description: Applicants own a 6.62-acre lot located in the SE 1/4, Section 15, Township 6 South, Range 65 West, 6th P.M. Elbert County, Colorado. The subject property is platted as Smoky Hill Ranches, Lot 2, Block 4, Filing 1, with a street address of 724 Pinewicket Way, Parker, CO 80138 (the “Applicant’s Property”) as shown on EXHIBIT A, incorporated by reference. The Applicants’ Property is located outside the boundary of any service area for water supply or sewerage service by a water district or municipality. The Applicants’ Property is not located within the boundaries of any Designated Groundwater Basin but is located within the Denver Basin. 4. Existing Well. The Applicants’ Property contains a single home that is served by existing Well Permit No. 68737 and is constructed in the not- nontributary Upper Dawson Aquifer (the “Santos Well”). The Santos Well is shown in Exhibit A. The Santos Well is currently operated under an exempt well permit and is attached as EXHIBIT B, incorporated by reference. Applicants request that the Santos Well be re-permitted as a non-exempt well to serve more than one residence, watering of livestock and animals, and irrigation of lawns and landscaped areas within 45 days of entry of a decree in this matter. 5. Source: A. Not-Nontributary: The ground water to be withdrawn from the Upper Dawson aquifer is not-nontributary. Pursuant to C.R.S. §37-90-137(9)(c.5), the augmentation requirements for wells in the Upper Dawson aquifer will require replacement of actual stream depletions. B. Nontributary: The Lower Dawson Aquifer underlying the Applicants’ property is considered nontributary. The ground water that may be withdrawn from the Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Applicants’ property is also not tributary to any stream, as was determined by the decree in Case No. 08CW487. 6. Estimated Rate of Withdrawal: Pumping from the Santos Well will not exceed 100 gpm. The installed pump capacity of the well is approximately 11 gpm. The Applicants request the right to modify the rate of withdrawal as necessary to withdraw the entire decreed amounts from the Denver Basin. 7. Estimated Ground Water Available: A. Prior Decree. In Case No. 08CW487, the applicants therein decreed the ground water available in the Denver, Arapahoe, and Laramie-Fox Hills aquifers underlying the Applicants’ Property. The decree in Case No. 08CW487 was transferred to the Applicants by that certain Special Warranty Deed dated October 30, 2020, recorded in 36

the real property records of Elbert County at reception number 601162. The Applicants request that the Court modify the final decree in Case No. 08CW487 to remove the reservation of 1 acre-feet/year of the available amount reserved for use of permitting an exempt well, if required. The reservation is unnecessary as the Santos Well will be re-permitted as a non-exempt well. This application does not otherwise seek to modify the prior decree. B. Upper and Lower Dawson determination. This decree seeks to adjudicate ground water available in the Upper and Lower Dawson aquifers underlying the Applicants’ Property. The Applicants request vested rights for the withdrawal of all legally available ground water underlying the Applicants’ Property in the Upper and Lower Dawson aquifers in the amounts shown in TABLE 1, below. Such rights may be withdrawn over the 100-year aquifer life pursuant to C.R.S. §37-90-137(4). Decreed amounts for the Upper and Lower Dawson aquifers are subject to the State’s Determination of Facts.

TABLE 1: Groundwater Availability

Note: The Denver, Arapahoe, and Laramie-Fox Hills aquifers appropriations were decreed in Case No. 08CW487. 8. Uses for Upper and Lower Dawson Aquifers: Domestic in two single-family dwellings, fire protection, the watering of poultry, domestic animals, and livestock, fire protection, industrial, commercial, and the irrigation of gardens and lawns. 9. Final Average Annual Amounts of Withdrawal: Pursuant to C.R.S. §37-92-305(11), the Applicants request that the Court retain jurisdiction to finally determine the amount of water available for appropriation and withdrawal from the Upper and Lower Dawson aquifers. Applicants request that they be entitled to withdraw an amount of groundwater 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 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. 10. Well Field. 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. 11. Owner of Land Upon Which Wells are to Be Located. The land and underlying groundwater upon which the wells are located is owned by the Applicants. II. CLAIM FOR PLAN FOR AUGMENTATION. 12. Structure to be augmented. Santos Well (f/k/a Painter Well) described in paragraph 5, above. A. Prior Decree: Case number: 08CW487, District Court for Water Division No. 1, dated January 13, 2010. B. Legal description: The Santos Well is located in the NE 1/4 SE 1/4 Sec. 15, T6S R65W of the 6th P.M., UTM coordinates (Meters, Zone: 13 NAD83): Easting: 530407.1, Northing: 4375098.0. A legible 8 ½ x 11 inch map showing the location of the well on a USGS topographic map is attached as Exhibit A. 13. Water right to be used for augmentation: Return flows from use of the not-nontributary water pumped by the Santos Well and, if 37

necessary, direct discharge from the Santos Well will be used to augment the stream depletions caused by withdrawals during the pumping period. After pumping has ceased, nontributary ground water underlying the Property and owned by Applicants in the Laramie-Fox Hills aquifer, which ground water was decreed on January 13, 2010 in Case No. 08CW487, will be reserved as required to replace stream depletions. 14. Statement of Plan for Augmentation. Applicants shall provide for the augmentation of stream depletions caused by pumping of the existing not-nontributary Upper Dawson aquifer well impacting several streams in the South Platte River Basin, as well as Kiowa Creek in the Kiowa Bijou Designated Basin. Water use criteria and consumptive use determinations for replacement of actual depletions for the Santos Well are estimated as follows: A. Uses: domestic/household use, personal large and/or small livestock animals (i.e. horses, sheep, and chickens), and lawn and landscape irrigation surrounding the current dwelling and the proposed accessory dwelling unit. Household use water requirements were conservatively estimated to be approximately 0.3333 acre-feet/year/dwelling for each of the two dwellings. The proposed plan also includes estimated demand of 0.0609 acre-feet/year for livestock including horses, sheep, and chickens. In addition, the plan includes irrigating approximately 0.275 acres (11,990 sq. ft.) of lawn and landscape areas. Per CDWR guidelines for irrigation use, 0.05 acre-feet/1000 square feet/year was used, which equates to 0.5990 acre-feet annually. The combined annual water demand for the proposed domestic, animal watering, and irrigation uses is approximately 1.3265 acre-feet per year. Applicants estimate a 100-year usage of approximately 132.65 acre-feet based on an assumed 100-year aquifer life. As shown in Table 1, above, there is approximately 198 acre-feet, or 1.98 acre-feet annually, available in the Upper Dawson Aquifer to meet the 100-year supply requirement. B. Depletions: As a result of the projected well pumping, a portion of the water pumped will be lost to consumptive use processes such as animal consumption, evaporation, and evapotranspiration. All water pumped for household use is assumed to have a consumptive use rate of 10% of the total volume pumped, with 90% returning to the aquifer via the septic system. All water used for animal purposes is considered 100% consumptive with no returns to the aquifer claimed. Irrigation use is considered 85% consumptive with 15% returning to the aquifer. Based on the projected well pumping, the consumptive use is projected to be approximately 0.64 acre-feet per year. This is approximately 48% of the total annual pumping, meaning that 52% of water diverted is projected to return to the stream system via return flows. C. Augmentation of Depletions During Pumping: The augmentation plan will replace stream depletions using domestic septic system return flows during the period the well is actively pumping. Based on the estimates above, Applicants shall return to the stream approximately 0.6903 acre-feet per year, which is sufficient to replace the maximum annual depletion of 0.0052 acre-feet in the first 100 years. D. Augmentation of Post-Pumping Depletions: For the replacement of any injurious post-pumping depletions which may be associated with the use of the Santos Well, Applicants will reserve water from the nontributary Laramie-Fox Hills aquifer equal to the amount of plan pumping, net of the amount of actual stream depletions replaced during the plan pumping period. The AUG3 model was used to simulate 100 years of pumping followed by 900 years without well pumping. A pumping rate of 1.33 acre-feet was input as the annual pumping volume resulting in 133 acre-feet of total pumping volume over 100 years. A post pumping period of 900 years was simulated after the initial 100-year pumping period. The total volume of stream depletions in year 100 is 0.154 acre feet. An additional 26.63 acre-feet of stream depletions was projected over the 900 years of post-pumping for a total of 26.784 acre-feet of total stream depletions in the 1,000-year period simulated in the model. The total post pumping stream depletion after 100 years of pumping is approximately 132.5 acre-feet. As shown in Table 1, the Laramie-Fox Hills aquifer contains 227 acre-feet available for diversion, which will be more than adequate to replace net post-pumping depletions. EXHIBIT C is a report presenting the modeling analysis. 15. Remarks: A. Applicants request a finding that they have complied with C.R.S. §37-90-137(4) and that the ground water requested herein is legally available for withdrawal by the existing not-nontributary well upon the entry of a decree approving an augmentation plan pursuant to C.R.S. §37-90-137(9)(c.5). B. The term of this augmentation plan is 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 only to the extent related to that well’s actual pumping. 16. Name and address of owner of the land. Applicants are the owners of the land. 38

20CW3205 LOGAN WELL USERS, INC. (“Logan”), P.O. Box 1172, Sterling, Colorado, 80751, (970) 522-5762, C/O Ryan M. Donovan of Lawrence Custer Grasmick Jones & Donovan, LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO, 80534 (970)622-8181. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO CONTINUE CONDITIONAL WATER RIGHTS in LOGAN, MORGAN and WASHINGTON COUNTIES. 2. Prior Decree: Case No. 13CW3162, Water Court, Water Division One. 3. Description of Conditional Water Rights Originally Decreed in 13CW3162: 3.1. Name of Structure. McEndaffer Stock Well No. 2, Permit No. 39571 (LWU No. 462). 3.1.1. Owner. Bret McEndaffer 13681 County Road 12, Merino, CO 80741. 3.1.2. Location. In the NW1/4 SE1/4 of Section 5, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado, 2,180 feet west of east section line and 1,400 feet north of the south section line of said section 5. 3.1.3. Appropriation date. December 19, 2013. 3.1.4. Amount claimed. 100 g.p.m., conditional. 3.1.5. Source. Groundwater tributary to the South Platte River. 3.1.6. Use. Stock watering of 8,000 head of livestock. 3.2. Name of Structure. McEndaffer Domestic/Stock Well No. 2, Permit No. 31784 (LWU No. 463; 2nd LWU ID No. 466). 3.2.1. Owner. Bret McEndaffer 13681 County Road 12, Merino, CO 80741. 3.2.2. Location. In the NE1/4SE1/4 of Section 5, Township 6 North, Range 53 West of the 6th P.M., Logan County, Colorado, 130 feet west of east section line and 1,400 feet north of the south section line of said section 5. 3.2.3. Appropriation date. December 19, 2013. 3.2.4. Amount claimed. 100 g.p.m., conditional. 3.2.5. Source. Groundwater tributary to the South Platte River. 3.2.6. Use. Domestic and Stock watering of 8,000 head of livestock. 4. Detailed Outline of What Has Been Done Toward Completion. 4.1. The conditional groundwater rights decreed in Case No. 13CW3162 and which are the subject of this Application, as well as Logan’s water rights and recharge projects, and each of the water rights and structures which will augmentation, substitution, replacement and exchange supplies under the terms of the decree in Case No.03CW195 and the decree entered in Case No. 13CW3162 collectively comprise an integrated system of water rights and structures under C.R.S. §37-92-301(4)(b). Work performed and effort or costs expended by Logan on any water rights or structures which are part of its integrated water system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the system as provided in C.R.S. §37-92-301(4)(b). 4.2. The diligence period for the conditional rights is December 10, 2014 to December 31, 2020. During such time: 4.2.1. The well permits for the conditional water rights decreed in Case No.13CW3162 were re-permitted in accordance with the uses and withdrawal rates decreed in 13CW3162. 4.2.2. Logan made annual projections under the decree terms, operated the augmentation plan set out in the Decree and in Case No. 03CW195, recharged water rights and provided the required accounting. All Logan Member Wells were allowed to operate under the augmentation plans if the owners desired to divert groundwater for decreed uses. 4.2.3. Logan filed a statement of opposition in the following case: Dixie Water, 18CW3237. 4.2.4. Logan filed an application in Case No. 16CW3187, to adjudicate water rights and add wells to the plan for augmentation decreed in Case No. 03CW195, and also filed a Substitute Water Supply Plan application with the State Engineer. A final decree in 16CW3187 was entered August 1, 2017. 4.2.5. Logan filed an application in Case No. 17CW3045 to adjudicate water rights and add wells to the plan for augmentation decreed in Case No. 03CW195, and also filed a Substitute Water Supply Plan application with the State Engineer. A final decree in Case No. 17CW3045 was entered on September 7, 2017. 4.2.6. Logan filed an application in Case No. 18CW3005 to adjudicate water rights and add wells to the plan for augmentation decreed in Case No. 03CW195. A final decree in Case No. 18CW3005 was entered on August 16, 2018. 4.2.7. Logan filed an application in Case No. 18CW3227 to adjudicate water rights, add wells to the augmentation plan decreed in Case No. 03CW195, and to transfer additional augmentation supplies into said augmentation plan from the augmentation plan decreed in Case No. 04CW84. A final decree was entered in Case No. 18CW3227 on June 1, 2020. 4.2.8. Logan filed an application in Case No. 20CW3030 for a finding of reasonable diligence and to make partially absolute water rights associated with its augmentation plan originally decreed in Case No. 03CW195. A final decree was entered in Case No. 20CW3030 on September 21, 2020. 4.2.9. Logan filed an application in Case No. 20CW3166 to adjudicate groundwater rights, add wells to the augmentation plan decreed in Case No.

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03CW195, add new recharge water rights, and transfer additional augmentation supplied from the augmentation plans decreed in Case Nos. 04CW110 and 05CW52. 4.2.10. Logan added several recharge sites to its plan for augmentation in accordance with the procedures described in the decree in Case No. 03CW195. 4.3. During the diligence period Logan has expended funds to install monitoring wells, for certification of well meters, for reading of well meters, maintenance of recharge ponds, accounting, engineering and legal services, which total approximately $460,722. 5. Names and address of owners of land upon which structures are located: The names and addresses of the owners of the lad which structures are located are stated above. 6. WHEREFORE, Applicant requests the Court enter a decree finding that Applicant has satisfied the statutory standard of steady application of effort to complete the appropriations in a reasonably expedient and efficient manner under all the facts and circumstances, that reasonable diligence was performed during the diligence period in the development of the conditional water rights, and that the remaining conditional portion of the water rights should continue. 20CW3206 CITY OF THORNTON, COLORADO, c/o Water Resources Division, 12450 Washington Street, Thornton, Colorado 80241. John P. Justus and Karoline M. Henning, Hoskin Farina & Kampf, P.C., 200 Grand Avenue, Suite 400, Post Office Box 40, Grand Junction, Colorado 81502. APPLICATION FOR SIMPLE CHANGE IN SURFACE POINT OF DIVERSION PURSUANT TO § 37-92-305(3.5), C.R.S. IN ADAMS COUNTY. 2. Decreed water rights for which change is sought: A. Name of diversion structure: South Platte River Diversion A for Rogers Pit. The Rogers Pit, including South Platte River Diversion A, have been constructed. The as-constructed location of South Platte River Diversion A is approximately 500 feet downstream from the as-decreed location. The Rogers Pit (including the South Platte River Diversion A) originally was decreed in Case No. 91CW126. Subsequently, South Platte River Diversion A also was decreed as an exchange-to point in Case No. 96CW1116, and it was decreed as a re- diversion point in Case No. 05CW10 for certain changed water rights. This simple change in point of diversion application seeks to change the location of South Platte River Diversion A from the point described in those decrees to the actual current location. B. Date of original and all relevant subsequent decrees: The following decrees were entered by the District Court, Water Division No. 1. i. Case No. 91CW126 – September 16, 2002, Diligence determined in Case No. 08CW205 – July 2, 2012; Diligence determined, and water right made partially absolute in Case No. 18CW3120 – September 12, 2019. ii. Case No. 96CW1116 –October 20, 2005, Diligence determined in Case No. 11CW203 – September 22, 2013, further diligence pending in 2019CW3181. iii. Case No. 05CW10 – May 13, 2013. C. Legal description of structure as described in most recent decree that adjudicated the location: The location has previously been described in all of the prior decrees as follows: South Platte River Diversion A: On the west bank of the South Platte River in the NE 1/4 of the NE1/4, Section 1, T1 S, R67W, 6th P.M., Adams County, at a point approximately 1,000 feet south and 50 feet west of the Northeast corner of said Section 1. D. Decreed sources of water: i. From 91CW126: South Platte River including waters of the streams tributary thereto. Thornton will also store in the Rogers Pit Reservoir reusable municipal effluent and other fully consumable water which it owns or controls. ii. From 96CW1116: Water diverted from the South Platte River by exchange based on the following sources of substitute supply: (1) transmountain water rights of the Water Supply and Storage Company, in which Thornton is a shareholder, including water diverted or stored through the exercise of such right and the surface and subsurface return flows from the use of said rights (excluding, however, water and return flows attributable to the water right comprising the Colorado- Big Thompson Project); (2) reusable effluent and non-sewered (e.g., lawn irrigation) return flows, and (3) any other water rights or rights to water currently owned by or acquired by Thornton in the future to the extent that they are fully consumable or have been decreed for use as substitute supply at the time Thornton seeks to apply them to such use. iii. From 05CW10: Fully consumable water from the South Platte River attributable to water rights represented by 67.045 shares of the Burlington Company and 101.045 shares of the Wellington Company (together the “05CW10 Changed Shares”) after initial diversion at the New Burlington Headgate, and after measurement, released through release structures, and after stream conveyance, re-diverted under the terms of the 05CW10 Decree at the South Platte River Diversion A for Rogers Pit. E. Appropriation Dates: i. From Case No. 91CW126: December 31, 1991 for storage right. ii.

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From Case No. 96CW1116: December 31, 1996 for exchanges. iii. From Case No. 05CW10: Not applicable as a point of subsequent re-diversion. F. Amounts Decreed to Structure: i. From Case No. 91CW126: The decreed maximum diversion rate from the South Platte River to Diversion A for Rogers Pit is 300 cfs. The amounts awarded to the Rogers Pit are: Conditional 371.43 acre-feet, Absolute 2128.57 acre-feet. ii. From Case No. 96CW1116: The decreed maximum rate of exchange to the South Platte River to Diversion A for Rogers Pit is 300 cfs. iii. From Case No. 05CW10: Limited to fully consumable amounts legally available to Thornton pursuant to the 05CW10 Changed Shares at the point of re-diversion pursuant to the terms and conditions of paragraph 21.2 of the 05CW10 Decree. G. Decreed use or uses: i. From Case No. 91CW126: “The water diverted under the water right will be used, directly or by exchange, for irrigation, agricultural, commercial, industrial and all municipal uses, including, but not limited to, domestic, mechanical, manufacturing, industrial, power generation, fire protection, sewage treatment, street sprinkling, irrigation of parks, lawns and grounds, recreation, piscatorial, maintenance and preservation of wildlife and aesthetic values, lake and reservoir evaporation, augmentation and replacement, adjustment and regulation of Thornton’s water supply system, including further exchange within Thornton’s system and with other water users.” ii. From Case No. 96CW1116: “The place of use is the service area of the City of Thornton,” described in paragraph 6 of the 96CW1116 Decree, “as it now exists and as it may exist in the future, and the lands of other water users in the South Platte River Basin (including, but not limited to, the Cache la Poudre River Basin) to whom Thornton may release water in satisfaction of replacement or return flow obligations.” “The water diverted pursuant to the exchanges [to the South Platte River to Diversion A for Rogers Pit] for which the substitute supply is fully consumable water will be used directly or by exchange or substitution, for irrigation, agricultural, commercial, industrial and all municipal uses, including, but not limited to, domestic, mechanical, manufacturing, industrial, power generation, fire protection, sewage treatment, street sprinkling, irrigation of parks, lawns and grounds, recreation, piscatorial, maintenance and preservation of wildlife and aesthetic values, lake and reservoir evaporation, augmentation and replacement, adjustment and regulation of Thornton’s water supply system, including further exchange within Thornton’s system and with other water users. Thornton may fully consume such water used through its municipal system and may do so by direct use, storage and subsequent release, reuse, successive use, further exchange and disposition to the same extent Thornton is entitled to consume the sources of substitute supply provided for exchange. Following one or more uses, Thornton may use this water as substitute supply and to meet replacement or other obligations for any of its other decreed water rights. iii. From Case No. 05CW10: Thornton will use the water in the Thornton service area as it now exists and as it may exist in the future for all municipal uses, including, but not limited to, domestic, manufacturing, industrial, commercial, mechanical, fire protection, sewage treatment, street sprinkling, watering of parks, lawns, gardens and other public spaces, irrigation, recreation, piscatorial, preservation of wildlife and aesthetic values, replacement of lake and reservoir evaporation. Thornton may divert, store, and use the water directly, by and for exchange, augmentation, substitution, replacement or otherwise, to maximize its lawful use. Thornton will account for all return flows as required by the 05CW10 Decree and will reuse, successively use, dispose of, and/or otherwise apply all water to extinction. The effluent or other returns, such as from lawn irrigation, that is discharged or released by Thornton attributable to the exercise of the water rights represented by the 05CW10 Changed Shares shall have associated with it the same rights of use, reuse, successive use, and disposition, once all return flow obligations have been met. The 05CW10 Decree did not approve any appropriative right of exchange, but rather, allows use of the water rights represented by the 05CW10 Changed Shares, including effluent from use of the 05CW10 Changed Shares, in any lawful exchange, in the manner and under the terms of any such exchange, including, but not limited to, the exchanges decreed in consolidated Case Nos. 86CW401, 86CW402, 86CW403, and 87CW332 (“Thornton Northern Project”), Case No. 96CW1116, 02CW180, 08CW82 and pending application 04CW350, all in Water Division 1, to the extent permitted by the decrees entered in those cases. H. Amount of water that applicant intends to change: i. From Case No. 91CW126: 300 cfs. ii. From Case No. 96CW1116: 300 cfs. iii. From Case No. 05CW10: The right to divert any amount that may be legally available from the water rights represented by the 05CW10 Changed Shares at the South Platte River to Diversion A for Rogers Pit pursuant to the terms and conditions of paragraph 21.2 of the 05CW10 Decree. 41

3. Detailed description of proposed change in a surface point of diversion: A. The Rogers Pit and South Platte River Diversion A have been constructed. The as-constructed location of South Platte River Diversion A is approximately 500 feet downstream from the as-decreed location. There are no points of diversion or inflows within the reach between the as-decreed and as-constructed locations. The rate of flow and amount of water diverted at the as-constructed location will not exceed the decreed rate of flow or amount. The requested simple change in point of diversion will not injuriously affect the owner of, or persons entitled to use water, under a vested water right or decreed conditional water right. B. Public Land Survey System (PLSS): As confirmed by the decree in Case No.18CW3120, the as-constructed point of diversion is located on the west bank of the South Platte River in the NE1/4 of the NE1/4, Section 1, T1S, R67W, 6th P.M., Adams County, at a point approximately 500 feet south and 150 feet west of the northeast corner of said section. Further, in the decree in Case No. 18CW3120, the Court stated: “[t]he Court finds that diversion at this as-built location, which is approximately 500 feet downstream from the decreed location, did not cause injury and the difference in location is immaterial for purposes of making the water right absolute.” C. Point(s) of Diversion: Location information in UTM format: Zone 13 S, Easting 514649.72, Northing 4427665.34 (NAD 83). 4. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion structure, or modification to any existing diversion structure is or will be constructed. The applicant, City of Thornton, owns the land upon which the as-constructed South Platte River Diversion A is located. Application is 6 pages.

20CW3207 APPLICATION FOR WATER RIGHTS of JAY AND KRISTEN SCHULTZ, In BOULDER COUNTY, COLORADO. APPLICATION FOR SIMPLE CHANGE IN POINT OF DIVERSION, STORAGE AND GROUNDWATER RIGHTS, APPROVAL OF PLAN FOR AUGMENTATION, AND APPROPRIATIVE RIGHT OF EXCHANGE. 1. Name and address of Applicant: Jay and Kristen Schultz (“Applicant”), 355 Orion Circle, Erie, Colorado 80516, (805) 870-5719. Direct all pleadings to: Steve Bushong, Gunnar Paulsen, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302. 2. Introduction: Applicant owns the property shown on Exhibit A hereto (“Subject Property”). By this Application, Applicant seeks to decree a simple change in point of diversion for its existing irrigation water right. Applicant also seeks to decree a conditional water storage right and groundwater right, a plan for augmentation, and appropriative rights of exchange to better irrigate a small agricultural operation on the Subject Property that will include up to 5 acres of orchard and garden. I. Claim for Simple Change in Point of Diversion. 3. Description of the Water Right: a. Name of the Water Right: Kerr Ditch No. 2 (“Kerr 2”), b. Original Decree: Civil Action No. 3107, in the District Court of Boulder County, Colorado, entered April 28, 1894, c. Decreed Location: On the south side or right bank of Coal Creek, whence the northwest quarter of section sixteen, township one south, range sixty-nine west bears north forty-eight degrees west nine hundred and fourteen feet, d. Source: Coal Creek, tributary to Boulder Creek, tributary to St. Vrain Creek, tributary to the South Platte River, e. Appropriation Date: April 15, 1868, f. Amount: 3.24 cubic feet per second (“cfs”), absolute, g. Use: Irrigation. 4. Description of the Proposed Simple Change in Point of Diversion: Due to the 2013 floods, the Kerr 2 headgate is no longer connected to Coal Creek. Since the 2013 floods, Applicant acquired the Subject Property and an undivided ninety (90) percent interest in the Kerr 2 water right, or 2.916 cfs of the originally decreed 3.24 cfs. Rather than repair the original Kerr 2 headgate located approximately one-half mile upstream from its decreed place of use at the Subject Property and maintain the Kerr 2 ditch structure, Applicant seeks to decree a simple change allowing for diversion of its Kerr 2 interest directly from Coal Creek on the Subject Property, a. Changed Point of Diversion: SE1/4 SW1/4 of Section 9, Township 1 South, Range 69 West of the 6th P.M., UTM 489859 mE 4425029 mN, Lat 39.9754, Long -105.119. See Exhibit A, b. Simple Change in Point of Diversion: The requested change meets the definition of simple change in a surface point of diversion as described in C.R.S. § 37-92-305(3.5). The proposed change does not include any other changes and there are no intervening surface diversion points, inflows, or instream flow rights between the current actual point of diversion and the changed point of diversion, which is on the Subject Property. As such, the requested change will not injuriously affect any vested water right or decreed conditional water rights. The requested change will also not result in any increased consumptive use because the Applicant will continue 42

to irrigate the historically irrigated lands. II. Claim for Water Storage Right. 5. Description of Storage Right: a. Schultz Pond Storage Right (“Schultz Pond”): i. Location: Schultz Pond will be an off-channel pond, the approximate center of which is located in the NW1/4 SE1/4 of Section 9, Township 1 South, Range 69 West of the 6th P.M., UTM 489877 mE 4425000 mN, Lat 39.9751 Long -105.119, ii. Sources: Coal Creek, tributary to Boulder Creek, tributary to St. Vrain Creek, tributary to the South Platte River, iii. Appropriation Date: December 30, 2020, iv. Uses: Irrigation, piscatorial, recreational, stockwatering, fire protection, and augmentation, with the right to successive use, v. Amount: 1.0 acre-feet (“AF”), conditional, with the right to refills and flow through water whenever water is available, vi. Legal Description of Point of Diversion: Same as described above in paragraph 4.a, vii. Rate of Diversions into Pond: 2.916 cfs (1,310 gallons per minute (“gpm”), conditional, viii. Surface Area of High-Water Line: 0.115 acres, ix. Remarks: Applicant will irrigate using its interest in the senior Kerr 2 water right when it is in-priority. To help firm up its water supply when the Kerr 2 is out-of-priority water stored in the Schultz Pond will serve as a supplemental source of irrigation water in addition to providing the other decreed uses of the pond. The Schultz Well described in paragraph 6 below is also a separate right for filling the Schultz Pond. When the senior Kerr 2 water right is in priority, Applicant may divert its Kerr 2 water into Schultz Pond for subsequent irrigation use subject to the “72 hour rule” on storage. III. Claim for Tributary Groundwater Right. 6. Description of Tributary Groundwater Right: a. Schultz Well: i. Legal Description: The location of this structure will be on the Subject Property located in the SE1/4 SW1/4 Section 9, Township 1 South, Range 69 West of the 6th P.M., UTM 489869 mE 4425010 mN, Lat 39.9752 Long -105.119, with a precise location provided at the time Schultz Well is made absolute, ii. Source: Groundwater tributary to Coal Creek, tributary to Boulder Creek, tributary to St. Vrain Creek, tributary to the South Platte River, iii. Proposed Depth: 25 feet, subject to circumstances encountered during well drilling, iv. Well Permit No.: N/A. v. Appropriation Date: December 30, 2020, vi. Amount: 0.22 cfs (100 gpm), conditional, vii. Use: Fill and refills of the Schultz Pond for all uses described above in paragraph 5.a.iv. IV. Claim for Approval of Plan for Augmentation. 7. Structures to be Augmented: a. Schultz Well, as described in paragraph 6. 8. Water Rights to be used for Augmentation: a. Louisville Effluent Credits: Applicant has applied for an annual lease for January 1, 2021 through December 31, 2021, from the City of Louisville (“Louisville”) for 5 AF of fully consumable effluent return flow credits for use in this plan for augmentation and intends to renew that lease on an annual basis., i. Original Decree: Case No. 92CW79, District Court, Water Division 1 (“Water Court”), entered March 31, 1995 (“92CW79 Decree”), ii. Legal Description of Wastewater Return Flow Location: Wastewater within Louisville’s water service area is collected and treated at Louisville’s Wastewater Treatment Plant (“Louisville WWTP”), which discharges to Coal Creek in the NW1/4 SE1/4 Section 9, Township 1 South, Range 69 West of the 6th P.M., UTM 490050 mE 4425135 mN, Lat 39.9763 Long -105.117. See Exhibit A, iii. Decreed Source: Louisville’s municipal return flow credits from the fully consumable portion of the City’s decreed water rights, as described in the 92CW79 Decree. The 92CW79 Decree ¶ 6.4.2 allows such water to be used for “augmentation, substitution, [and] exchange” upon approval by the State Engineer or the Water Court, b. Schultz Pond. As described above in paragraph 5, c. Additional Augmentation Sources. Applicant seeks the ability to add future sources of augmentation water to this augmentation plan that are lawfully available for augmentation subject to future approvals in this case. 9. Plan for Augmentation. In the event of a valid call senior to and administered against the Schultz Well, Applicant will use the augmentation sources identified in paragraph 8 during the call to replace the out-of-priority net depletions caused by the Schultz Well, thus allowing the continued operation thereof. To the extent the Schultz Well has lagged depletions, the timing of those depletions will be calculated for purposes of the augmentation plan. Applicant claims return flow credit from irrigation under the Schultz Pond, Schultz Well, and the Schultz Pond Exchange that accrues to Coal Creek during the operation of this plan for augmentation to help offset out-of-priority depletions. 10. Augmentation Plan Assumptions: Applicant will be limited to the augmentation water available and will assume all irrigation via drip systems is 100% consumptive and all sprinkler irrigation is 80% consumptive. Water diverted from the Schultz Well for storage in Schultz Pond will be considered 100% consumptive at the time it is diverted. V. Claim for Appropriative Right of Exchange. 11. Appropriative Right of Exchange: Applicant seeks appropriative rights of exchange to facilitate its use of water. The exchange reach of the following 43

appropriative right of exchange is depicted on the attached Exhibit A, a. Schultz Pond Exchange: Applicant may exchange Louisville’s municipal return flow credits described in paragraph 8.a above up to the Kerr 2 point of diversion described in paragraph 4.a and 5.a.vi, above, for filling and refills of the Schultz Pond, i. Downstream Terminus (Louisville WWTP Outfall to Coal Creek): Section 9, Township 1 South, Range 69 West of the 6th P.M., at a point approximately 2,200 feet from the east section line and 1,400 feet from the south section line, ii. Upstream Terminus (Kerr 2): SE1/4 SW1/4 of Section 9, Township 1 South, Range 69 West of the 6th P.M., UTM 489859 mE 4425029 mN, Lat 39.9754 Long -105.119, iii. Priority Date: December 30, 2020, iv. Rate: 0.5 cfs, conditional, v. Uses: All uses described in paragraph 5.a.iv. 12. Name and address of the owner(s) of the land on which the subject water rights are located: Applicant. WHEREFORE Applicant respectfully requests that the Water Court issue a final decree granting the (1) claim for a simple change in point of diversion; (2) claim for conditional water storage right; (3) claim for conditional tributary groundwater right; (4) claim for approval of plan for augmentation; (5) claims for conditional appropriative rights of exchange; and (6) granting such other and further relief as may be appropriate. (7 pages + Exhibit)

20CW3208 IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF HF2M, INC., A TEXAS CORPORATION, IN LARIMER COUNTY, COLORADO. APPLICATION FOR WATER RIGHTS, CHANGE OF WATER RIGHTS, PLAN FOR AUGMENTATION, AND APPROPRIATIVE RIGHTS OF EXCHANGE. 1. Name, Address, and Telephone Number of Applicant: HF2M, Inc., a Texas Corporation (“Applicant”), 430 N. College Ave., Suite 410, Fort Collins, CO 80524, (512) 507-5570. Direct All Pleadings to: Steven J. Bushong, Cassidy L. Woodard, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302. 2. Overview: Applicant is developing a traditional neighborhood-style development on approximately 1,000 acres in Fort Collins, which already has an approved Planned Unit Development and Master Plan (referred to as “Montava”) to be located on the lands depicted in Exhibit A hereto. Applicant seeks ground water rights that will principally supply potable water for the Montava development and intends to replace out-of-priority depletions associated with the use thereof through a plan for augmentation, all of which it intends will be operated by a quasi- governmental entity. In connection with the Montava water supply and plan for augmentation, Applicant also requests certain water rights to divert and store water from the Cache la Poudre River, appropriative rights of exchange, an alternate place of storage for already quantified shares in the Taylor and Gill Ditch Company, and a change of up to 1 ½ shares in the Water Supply & Storage Company (“WSSC”). I. Request for Ground Water Rights. 3. Names of Structures: A. Montava West Wellfield; and B. Montava East Wellfield. 4. Legal Descriptions: A. Montava West Wellfield: The Montava West Wellfield will contain two or more wells to be located anywhere in the NE1/4 of Section 4, Township 7 North, Range 68 West of the 6th P.M, B. Montava East Wellfield: The Montava East Wellfield will contain two or more wells to be located anywhere in the NW1/4 of the SE1/4 of Section 3, Township 7 North, Range 68 West of the 6th P.M. 5. Source: The source for the Montava West Wellfield and Montava East Well Field (collectively the “Wellfields”) is the unconfined alluvial aquifer of Boxelder Creek, tributary to Boxelder Creek, tributary to the Cache la Poudre River, tributary to the South Platte River, 6. Amount: 900 gallons per minute, conditional, as the maximum collective rate from one or both Wellfields, 7. Appropriation Date: September 15, 2020, 8. How Appropriation was Initiated: Through noticed public meetings regarding the proposed Montava water supply, including but not limited to a meeting with the East Larimer County Water District, 9. Uses: The ground water will be treated and used for all indoor municipal uses and certain incidental outdoor municipal uses. Claimed municipal uses include, but are not limited to, domestic, commercial, industrial, construction, potable storage, and related municipal uses. Further, Applicant claims the right to use and reuse to extinction and otherwise dispose of the effluent associated with the indoor use within Montava for any and all beneficial uses including, but not limited to, the purposes described in Paragraphs 12.H and 13.A.vi. In addition, the ground water (with or without treatment) will be used to fill and replace evaporation losses in two ponds, and water stored therein will be used for recreation, piscatorial, aesthetics, and irrigation uses within Montava. The two ponds are identified below: A. Montava West Pond: an 44

irrigation pond within the Montava Property located in the NW1/4 of the SE1/4 of Section 32, Township 8 North, Range 68 West of the 6th P.M, B. Montava East Pond: an irrigation pond within the Montava Property located in the SW1/4 of the NW1/4 of Section 33, Township 8 North, Range 68 West of the 6th P.M. 10. Remarks: Montava West Pond and Montava East Pond (the “Ponds”) will be lined and constructed with the ability to release any out-of-priority storage. The Ponds will receive water during the irrigation season for irrigation use from supplies that are not the subject of this Application. The Wellfields will be limited to filling the Ponds when needed and replacing evaporation, which water will then be applied to uses within the Ponds and may be used for irrigation as described in Paragraph 9, above. The Wellfields are depicted on Exhibit B. 11. Depth: The estimated depth of individual wells in the Wellfields is estimated at 30 – 60 feet, subject to verification upon drilling and confirmation upon making absolute. II. Request for Storage Right with Two Filling Structures. 12. Name of Junior Storage Right: Seaworth Augmentation Pond No. 2. A. Legal Description: The Seaworth Augmentation Pond No. 2 is located in the NW1/4 of the SE1/4 of Section 33, Township 8 North, Range 69 West of the 6th P.M, B. Source: Cache la Poudre River, C. Points of Diversion for Filling Seaworth Augmentation Pond No. 2: i. Taylor and Gill Ditch. An existing ditch which diverts from the Cache la Poudre River in the SW 1/4 of the SW 1/4 of Section 29, Township 8 North, Range 69 West of the 6th P.M, ii. Seaworth River Diversion, A diversion point and/or pump station on the Cache la Poudre River, at a point in the W1/2 of the SE1/4 of Section 33, Township 8 North, Range 69 West of the 6th P.M. The Seaworth River Diversion will be used to fill the Seaworth Augmentation Pond No. 2 under this appropriation, D. Diversion Rates for Filling Structures: i. Taylor and Gill Ditch. 13.81 cfs., ii. Seaworth River Diversion. 5.0 cfs., E. Appropriation Date: December 30, 2020, F. How Appropriation was Initiated: By the filing of this Application, G. Amount: 140 acre-feet, conditional, with the right to fill and refill whenever water is available in priority. The precise amount will be determined when this water right is made absolute. This claimed amount includes any storage between the open water surface and the slurry wall liner, H. Uses: Storage, augmentation, including augmentation use for replacing depletions from structures on the adjacent lands owned by William O. and Paulette M. Seaworth and Ronny and Billy LLC and augmentation use for replacing depletions associated with Montava, replacement, exchange, commercial, in-reservoir recreation, piscatorial and fish propagation, and wildlife watering, I. Delivery Point: For the purposes of delivering water from the Seaworth Augmentation Pond No. 2 to the Cache la Poudre River for subsequent uses such as augmentation, replacement, and exchange, a structure will be constructed at a point in the W1/2 of the SE1/4 of Section 33, Township 8 North, Range 69 West of the 6th P.M. that releases water directly to the Cache la Poudre River, J. Surface Area at High Water Line: Approximately 7.2 open surface acres (not including any storage between the open water surface and the slurry wall liner), K. Active Storage: 140 acre-feet, L. Remarks: Seaworth Augmentation Pond No. 2 is an existing gravel pit that will be improved and lined. The claimed storage right includes any water stored between the slurry wall and the open pit. The Seaworth River Diversion will also be used to fill Seaworth Augmentation Pond as described in Section III hereof. The structures described in this Section II of the Application are shown in Exhibit C. III. Request for New Water Right for Existing Reservoir. 13. Request for New Appropriation: Applicant requests a new appropriation to use the Seaworth River Diversion, described above in Paragraph 12.C.ii, as another point of diversion for the existing Seaworth Augmentation Pond originally decreed by the District Court in and for Water Division 1, State of Colorado (“Water Court”) in Case No. 16CW3093, on November 1, 2018 (“16CW3093 Decree”) as described below in Paragraph 13.A.i., A. New Appropriation: i. Legal Descriptions: a. Seaworth River Diversion. See Paragraph 12.C.ii, above, b. Seaworth Augmentation Pond. As described in Paragraph 7.1 of the 16CW3093 Decree, the Seaworth Augmentation Pond is located in the NW1/4 of the SE1/4 of Section 33, Township 8 North, Range 69 West of the 6th P.M. with the center of the as-built location being 2,585 feet north of the south line and 1,708 feet west of the east line of said Section 33. The entire pond is located in part of the NW1/4 of the SE1/4 and part of the SW1/4 of the NE1/4 of Section 33, Township 8 North, Range 69 West of the 6th P.M., ii. Source: Cache la Poudre River, iii. Amount. 5 cfs at the Seaworth River Diversion with the right to fill and refill the existing Seaworth Augmentation Pond whenever water is available in priority, iv. Date of Appropriation: December 30, 2020, v. How Appropriation was Initiated: Based upon filing this Application, vi. Uses: Storage in Seaworth Augmentation Pond for augmentation, including augmentation 45

use for replacing depletions from structures on the adjacent lands owned by William O. and Paulette M. Seaworth and Ronny and Billy LLC and augmentation use for replacing depletions associated with Montava, replacement, commercial (fishing and hunting business), in-reservoir recreation, fish propagation, and wildlife watering purposes, vii. Remarks: The water right decreed to the Seaworth Augmentation Pond in the 16CW3093 Decree may only be diverted at the headgate of the Taylor and Gill Ditch. This request claims a new appropriation and water right for filling and refilling the Seaworth Augmentation Pond using the Seaworth River Diversion. The structures described in this Section III of the Application are shown in Exhibit C. IV. Alternate Place of Storage. 14. Water Right to be Alternately Stored: The previously changed and quantified Taylor and Gill Ditch water right described in the 16CW3093 Decree will be alternatively stored in Seaworth Augmentation Pond No. 2 as described below, A. Original Decree: The Taylor and Gill Ditch was originally decreed in Civil Action 320, District Court, Larimer County, dated April 11, 1882 for 18.48 cfs out of the Cache la Poudre River for irrigation use. The originally decreed legal description was the north side of the Cache la Poudre River, one-half mile above the Town of La Porte with a general southeasterly course, B. Prior Change Decree: 4.0 shares of the 64.375 shares in the Taylor and Gill Ditch Company, were quantified and changed in the 16CW3093 Decree, in which the use of that portion of the Taylor and Gill Ditch water right was changed from direct use for irrigation to direct use and storage in the Seaworth Augmentation Pond for augmentation, replacement, commercial (a hunting and fishing business), in-reservoir fish propagation, and in-reservoir wildlife watering, all as more specifically described in the 16CW3093 Decree, C. Legal Descriptions: i. Taylor and Gill Ditch Diversion Point: See Paragraph 12.C.i, above. This diversion point was described as the actual legal description for the Taylor and Gill Ditch in the 16CW3093 Decree, ii. Seaworth Augmentation Pond No. 2. See Paragraph 12.A, above. D. Source: Cache la Poudre River, E. Amount: 1.145 cfs., F. Appropriation Date: April 15, 1866, G. Uses: In addition to those uses and places of use identified in the 16CW3093 Decree, direct use and storage in the Seaworth Augmentation Pond No. 2 for augmentation, replacement, commercial (a hunting and fishing business), in reservoir fish propagation, and in-reservoir wildlife watering, H. Remarks: All terms and conditions applicable to the changed Taylor and Gill Ditch water right described in the 16CW3093 Decree shall remain in effect except that the consumptive use component and return flow component thereof, as defined in the 16CW3093 Decree, will alternatively be stored in Seaworth Augmentation Pond No. 2. That water right is not subject to re-quantification pursuant to C.R.S. § 37-93-305(3)(e). The structures described in this Section IV of the Application are shown in Exhibit C. V. Change of Water Right. 15. Water Right to be Changed: Applicant has under contract 1.5 shares of the capital stock in Water Supply and Storage Company (“WSSC”) out of 600 outstanding shares, which 1.5 shares are included in Certificate Nos. 6573 and 6464 (“WSSC Shares”). By this Application, Applicant gives notice that it intends to change its proportionate share of the WSSC water rights represented by the WSSC Shares, as further described in Exhibit D and explained below. Applicant does not seek to change WSSC’s interest in the water rights in the Jackson Ditch Company and Colorado-Big Thompson Project, which Applicant will continue to use when available for irrigation in Montava which is in the WSSC service area. Thus, the water rights attributable to the WSSC Shares that are subject to this requested change consist of (1) water native to the Cache la Poudre River (the “WSSC Native Water”) and (2) imported water from the basins of the Laramie River, the Michigan River, and the Colorado River (the “WSSC Transmountain Water”) as further described below and in Exhibit D. The information from Exhibit D is included at the end of this resume. A. Decrees: The decreed water rights of the WSSC Native Water and the WSSC Transmountain Water are described on the attached Exhibit D, B. Legal Description: The legal descriptions of the WSSC Native Water and the WSSC Transmountain Water are described on the attached Exhibit D. C. Source: The decreed sources of water of the WSSC Native Water and the WSSC Transmountain Water are described on the attached Exhibit D. D. Appropriation Date: The appropriation dates for the WSSC Native Water and the WSSC Transmountain Water are listed on the attached Exhibit D. E. Amount: The total amounts decreed to each structure used for the WSSC Native Water and the WSSC Transmountain Water are listed on the attached Exhibit D. F. Use: Water associated with the WSSC Shares was decreed for irrigation of land under the WSSC system as described in the decrees referenced in the attached Exhibit D. 16. Historical Use: Applicant will quantify the historical use of the WSSC Shares that 46

it seeks to change using the same or similar methodology used in other change cases involving WSSC. The WSSC Shares were historically used to irrigate lands in Weld County located in the SW1/4 of Section 8, Township 7 North, Range 67 West, of the 6th P.M. and in the NW1/4 and part of the NE1/4 of Section 28, Township 7 North, Range 67 West of the 6th P.M. and in the E1/2 of the NW1/4 of Section 21, Township 7 North, Range 67 West of the 6th P.M. The lands are depicted in Exhibit E. Applicant will also quantify the historical return flows associated with the WSSC Native Water and those historical return flows will be maintained if and when the WSSC Native Water is applied to the changed uses described below. Applicant shall rely upon the publicly available diversion records maintained by the Colorado Division of Water Resources for the WSSC water rights described in Exhibit D and any summaries thereof. 17. Change of Use: Applicant seeks to change the type, location, and manner of use of the WSSC Shares from the historical irrigation uses to irrigation, storage, augmentation, exchange, replacement, commercial, in-reservoir recreation, piscatorial and fish propagation, and wildlife watering. 18. Storage of Changed WSSC Shares. Storage of the changed WSSC Shares may occur in any or all of the following facilities or other storage facilities to which HF2M has or obtains a contractual right to store water: A. Seaworth Augmentation Pond No. 2. Described in Paragraph 12, above, via diversion out of the Cache la Poudre through the Seaworth River Diversion or the Taylor and Gill Ditch as described in Paragraphs .12.C.i and 12.C.ii, above, B. WSSC Storage Reservoirs. See Exhibit D. 19. WSSC Native Water. Although Applicant intends to quantify the WSSC Native Water and WSSC Transmountain Water associated with the WSSC Shares, it intends to continue using that WSSC Native Water for irrigation within the WSSC service area on lands shown in Exhibit A until such time that Applicant requires the WSSC Native Water for the changed uses. Once the WSSC Native Water is used for the changed non-irrigation uses, Applicant will install the necessary infrastructure or use its augmentation sources described in Paragraph 23, below, to replicate or replace return flows associated with that part of the WSSC Native Water for which the change of use has occurred. VI. Request for Nontributary Ground Water Determination. 20. Montava Nontributary Ground Water: Applicant seeks to utilize the non-tributary ground underlying the contiguous 999.25 acres of the Montava property depicted in Exhibit A, which property is further described in Exhibit F (“Montava Property”). Applicant has a pending well permit application for use of the non-tributary ground water located underlying the Montava Property. A. Source and Depth: The source of the nontributary groundwater is the Dakota Formation aquifer, which includes both the “Muddy J” sandstone, the “Dakota sandstone,” and the “J Silt,” and is approximately 5,200 - 6,000 feet deep, B. Estimated Amounts and Rate of Withdrawal: Applicant claims the right to withdraw all of the nontributary groundwater in the Dakota Formation and the J Silt formation underling the Montava Property at an average rate not to exceed 1% of the total decreed entitlement each year, but with the right to exceed that average annual withdrawal in any given year as allowed by law. The thickness of the Dakota Aquifer underlying the Montava Property is 288 feet and with a conservatively estimated specific yield of 10% based upon core samples, the total recoverable volume is 28,778 acre-feet from that formation. The J Silt formation is 53 feet thick underlying the Montava Property and at a specific yield of at least 5%, adds another 2,648 acre-feet of total recoverable volume from that related formation. Thus, the total anticipated volume of nontributary groundwater is 31,426 acre-feet with an average annual pumping equal to 314 acre-feet per year, C. Nontributary Wells and Well Fields. Applicant reserves the right to drill one or more nontributary wells anywhere on the Montava Property. The location of the proposed well for the pending application is located in the SW1/4 of the SE1/4 of Section 32, Township 8 North, Range 68 West of the 6th P.M. at a point approximately 1,300 feet from the south line and 2,550 feet from the east line of said Section 32 at a proposed depth of 5,520 feet. As additional wells are required, well permit applications for each will be filed and issued in accordance with C.R.S. § 37-90-137(10). Applicant requests that all wells, including additional wells, located on the Montava property that are completed in the same aquifer be allowed to operate as a “well field” as that term is described in the Statewide Nontributary Ground Water Rules, 2 CCR 402-7:4.A(13), D. Proposed Uses. Domestic, industrial, municipal, irrigation, commercial, livestock watering, storage, recreational, aesthetic ponds and water features, fish and wildlife, fire protection, storage, augmentation, replacement, exchange, recharge, and any and all other beneficial purposes, E. Ownership. Applicant has the Montava Property under firm contracts by which Applicant will close upon said lands when it has 47

developed an adequate water supply. Although Applicant will not use the nontributary groundwater claimed herein until it owns the Montava Property, it is obtaining consent of the current owners for purposes of adjudicating this Section of the Application. VII. Request for Plan for Augmentation. 21. Structures to be Augmented: A. Montava West Wellfield, described in Paragraph 4.A, above; B. Montava East Wellfield, described in Paragraph 4.B, above; 22. Points of Depletion from the Wellfields: A. Montava West Wellfield: Depletions from the Montava West Wellfield will principally impact Boxelder Creek, but some depletions on the Cache la Poudre River are also predicted, at approximately the following locations: i. Boxelder Creek: at a point in the NE1/4 of Section 3, Township 7 North, Range 68 West of the 6th P.M., ii. Cache la Poudre River: at a point in the NW1/4 of the NW1/4 of Section 17, Township 7 North, Range 68 West of the 6th P.M., B. Montava East Wellfield: Depletions from the Montava East Wellfield will impact Boxelder Creek at a point approximately in the NW1/4 of the SE1/4 of Section 3, Township 7 North, Range 68 West of the 6th P.M. 23. Water Rights to be Used for Augmentation: A. Fully Consumable Water from the City of Fort Collins: Fully consumable water from the City of Fort Collins (“City”) is a potential augmentation source. Applicant is negotiating a permanent contractual right for 25 acre-feet of fully consumable water from the City that will be lawfully available for augmentation, replacement, and exchange uses. Applicant may also lease such water from the City in the future. Such augmentation water would be available at one of two delivery points: i. The confluence of the Foothills Outfall Channel and the Cache la Poudre River in the NW1/4 of the NW1/4 of Section 34, Township 7 North, Range 68 West of the 6th P.M. (just below Rigden Reservoir); or ii. The Fossil Creek Reservoir Inlet Ditch at the location where the City of Fort Collins is able to pump water from Rigden Reservoir into that ditch in the SW1/4 of Section 28, Township 7 North, Range 68 West of the 6th P.M., if and when Applicant owes water to that Inlet Ditch. B. Water Supply & Storage Company: Water from the changed WSSC Shares as described in Section V, above. Fully consumable water from the changed WSSC Shares will be released directly to the Cache la Poudre for augmentation and/or will be stored and re-released to the Cache la Poudre River as needed for augmentation. C. Seaworth Augmentation Pond No. 2 and Seaworth Augmentation Pond: Pursuant to an agreement, Applicant has a 40-acre-foot storage account in Seaworth Augmentation Pond No. 2 and a lease for other augmentation water in Seaworth Augmentation Pond and Seaworth Augmentation Pond No. 2 (collectively the “Seaworth Augmentation Ponds”). Any water stored in the Seaworth Augmentation Ponds that is decreed for augmentation use may be released to the Cache la Poudre River for use in this augmentation plan in a manner consistent with the aforementioned agreement. D. Seaworth Taylor and Gill Ditch Shares: Pursuant to an agreement, consumptive use water quantified in the 16CW3093 Decree will be released to the Cache la Poudre River on a direct basis or after storage for use in this plan for augmentation. E. Wellington Water Works Water: By agreement, Applicant has the right to acquire nontributary ground water from Wellington Water Works (“3W”). The 3W nontributary groundwater consists of rights in and to the Muddy Sandstone, Entrada Sandstone, and Dakota Sandstone formations underlying approximately 4,760 acres as depicted in Exhibit G, and as determined and decreed in the Judgment and Decree of the Water Court in Water Court Case No. 05CW343, dated April 8, 2008 (“05CW343 Decree”), including the subset of those lands referred to in the 05CW343 Decree as “Consent Lands.” The 3W nontributary water is currently the subject of the following well permits: 61879-F, 67456- F, 67457-F, 67458-F, 67459-F, 67460-F, 67461-F, 67462-F, 67463-F, 67464-F, 67465-F, 67466-F, 67467- F, 67468-F, 67470-F, 67472-F, 67474-F, 67477-F, 67478-F, i. Delivery: The 3W nontributary water is permitted to be treated and discharged into the alluvium of Boxelder Creek by use of rapid infiltration basins (“RIBs”) that is delivered to Boxelder Creek and/or the Cache la Poudre River over time. Applicant shall provide evidence in this case on the timing of that delivery, ii. Decreed Uses of the 3W water: Pursuant to the 05CW343 Decree, the 3W nontributary water may be used for domestic, industrial, municipal, irrigation, commercial, livestock watering, recreational, aesthetic ponds and water features, fish and wildlife, fire protection, storage, augmentation, replacement, exchange, recharge, and any and all other beneficial purposes. The 05CW343 Decree also grants the right to use, reuse, successively use, lease, sell or otherwise dispose of to extinction. F. Montava Nontributary Groundwater: See Section VI, above. The nontributary ground water will be treated and discharged to Boxelder Creek and/or the Cache la Poudre. Potential deliver points include, but are not limited to, a point near the Montava East Wellfield, a point at 48

the Cache la Poudre River near the NW1/4 of Section 17, Township 7 North, Range 68 West of the 6th P.M., and the Boxelder Sanitation District outfall location in the NE1/4 of the NE1/4 of Section 28, Township 7 North, Range 68 West of the 6th P.M., including through existing water conveyance systems. G. New Augmentation Sources. In addition to the above-described augmentation sources, Applicant requests the right to add new augmentation sources to this plan in the future after providing notice to the Water Court in this case, and to the State and Division Engineer (“Engineers”) and any parties in this case, with an opportunity for the Engineers and all parties to comment upon and/or oppose such sources. 24. Statement of Plan for Augmentation: By this Application, Applicant seeks to augment out-of-priority lagged depletions caused by diversions at the Wellfields described in Section I, above, by using the augmentation sources described in Paragraph 23, above, after taking credit for return flows from the indoor use of the water pumped at the Wellfields. More specifically, depletions from the Wellfields will principally accrue to Boxelder Creek but a small percentage of the Montava West Wellfield depletions are expected to occur on the Cache la Poudre River as depicted in Exhibit B. Return flows from indoor use within Montava will be transported to the Boxelder Sanitation District for treatment and discharge at an outfall location in the NE1/4 of the NE1/4 of Section 28, Township 7 North, Range 68 West of the 6th P.M., to the Cache la Poudre River near the confluence of Boxelder Creek. Metered water deliveries to the indoor potable system will be considered 5% consumptive, with 95% considered to be treated return flows, unless a more detailed analysis of the indoor consumption is performed. Any treatment loss prior to distribution through the Montava potable water supply system, or any use associated with the Ponds, will be metered and considered 100% consumptive. There are no intervening water rights between the point of depletion on Boxelder Creek and the confluence with the Cache la Poudre River. When a lawful administrative call is placed downstream of the confluence of the Cache la Poudre River and Boxelder Creek, Applicant will replace the difference between the Wellfield depletions and the Boxelder Sanitation District return flows with any one or more of its augmentation sources described herein. A lawful administrative call upstream of the confluence of Boxelder Creek and the Cache la Poudre River, but downstream of the point of depletion on the Cache la Poudre River caused by the Montava West Wellfield, will be replaced with an upstream augmentation source or directly to the Fossil Creek Reservoir Inlet Ditch if it is the calling water right, and without offset for treated return flows at Boxelder Sanitation District. Further, as described above, the augmentation sources may be used to replace return flow obligations associated with the proposed change of the WSSC Native Water associated with the WSSC Shares if and when that water is used for changed, non-irrigation purposes. At times when credit for some or all of the Wellfield return flows through the Boxelder Sanitation District is not needed to offset Wellfield depletions, that portion of the effluent for which such credit is not claimed may be used and reused to extinction and otherwise disposed of as claimed in Paragraph 9, above. Many components of this Augmentation Plan are depicted in Exhibit B hereto. VIII. Request for Appropriative Rights of Exchange. 25. Appropriative Right of Exchange: Applicant requests the right to deliver the 3W nontributary water and reusable effluent after a first use of the Wellfield water to the Cache la Poudre River and then exchange it up to the diversion structures for the Seaworth Augmentation Pond No. 2 for storage. A. Upstream Termini: i. Seaworth River Diversion, described in Paragraph 12.C.ii, above, ii. Taylor and Gill Ditch headgate, described in Paragraph 12.C.i, above. B. Downstream Terminus: the confluence of Boxelder Creek and the Cache la Poudre River, or immediately upstream thereof at the Boxelder Sanitation District outfall described in Paragraph 24, above. C. Appropriation Date: December 30, 2020. D. How Appropriation was Initiated: by the filing of this Application. E. Amount: 1.0 cfs., F. Uses: Storage, augmentation, replacement, exchange, commercial, in- reservoir recreation, piscatorial and fish propagation, and wildlife watering. G. Remarks. The proposed exchanges are depicted in Exhibit H. 26. Owners of 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: A. Applicant; B. William O. and Paulette M. Seaworth, 2305 N. Taft Hill Road, Fort Collins, Colorado 80524-1028; C. Slash V LLC, 23 Alles Drive, Greeley, CO 80631-6828; D. Anheuser-Busch Foundation, 1 Busch Place, Saint Louis, MO 63118-1849; E. Poudre R- 1 School District, 2407 La Porte Avenue, Fort Collins, CO 80521-2211; F. Water Supply and Storage Company, P.O. Box 1584, Fort Collins, CO 80522; G. The Taylor and Gill Ditch Company, 2711 N. 49

Overland Trail, P.O. Box 526, LaPorte, CO 80535; and H. Little Cache Ditch, c/o The Larimer & Weld Irrigation Company, 106 Elm Avenue, Eaton, CO 80615. WHEREFORE, Applicant respectfully requests the Court enter a ruling that: (1) grants Applicant’s request for ground water rights as described in Section I; (2) grants Applicant’s request for storage right with two filling structures as described in Section II; (3) grants Applicant’s request for a water right for the Seaworth Augmentation Pond as described in Section III; (4) grants Applicant’s request for an alternate place of storage as described in Section IV; (5) grants Applicant’s request for a change of water right as described in Section V; (6) grants Applicant’s request for a nontributary ground water determination as described in Section VI; (7) grants Applicant’s request for a plan for augmentation as described in Section VII; (8) grants Applicant’s request for appropriative rights of exchange as described in Section VII; and (9) grants such other and further relief as the Court deems appropriate. This Application is fifteen pages and contains eight exhibits. The information from Exhibit D regarding the WSSC Shares is included in the below tables for resume publication:

Water Supply and Storage Company Water Rights Direct Flow (District 3) Location Appropria Adjudicatio Amou Sour Judicial Name Section Township tion n nt ce Proceeding Range Date Date Case 320 Larimer County 10.76 SW SE SW 13-8N- CLP 1862/03/01 1882/04/11 Original Canal cfs 70W (1423 TT) Case 320 Larimer County 13.89 SW SE SW 13-8N- CLP 1864/09/15 1882/04/11 Original Canal cfs 70W (1423 TT) Case 320 Larimer County 2.00 SW SE SW 13-8N- CLP 1868/03/15 1882/04/11 Original Canal cfs 70W (2406 TT) Case 320 Larimer County 2.67 SW SE SW 13-8N- CLP 1868/03/15 1882/04/11 Original Canal cfs 70W (2818 TT) Case 320 Larimer County 4.00 SW SE SW 13-8N- CLP 1873/03/20 1882/04/11 Original Canal cfs 70W (2406 TT) Larimer County Case 320 7.23 SW SE SW 13-8N- Canal CLP 1878/04/01 1882/04/11 Original cfs 70W (Henry Smith) Case 320 Larimer County 463.0 SW SE SW 13-8N- CLP 1881/04/25 1882/04/11 Original Canal 0 cfs 70W

Case 5362 Larimer County 246.4 SW SE SW 13-8N- CLP 1914/09/28 1945/12/18 (84CW204) Canal 5 cfs 70W Supp.

Note: CLP - Cache la Poudre River

Water Supply and Storage Company Water Rights Storage (District 3)

50

Location Appropria Adjudicat Section Judicial Name Amount Source tion ion Township Proceeding Date Date Range Joe Wright Chambers Creek, Fall 3080.0 NE NE SE 1886/10/1 Lake River Creek 1882/07/12 Case 320 Original AF 6-7N-75W 2 Reservoir and Trap Creek NE SE SW WSSC Res. 689.0 1904/12/0 CLP 14-8N- 1882/10/01 Case 1591 Original No. 2, 3 AF 9 69W SE NE SW

WSSC Res. 574.0 WSSC Res. 23-8N- 1904/12/0 1882/10/01 Case 1591 Original No. 4 AF No. 2, 3 69W 9 WSSC Res. SW SE SW No. 1 4726.0 11-8N- 1904/12/0 (Rocky CLP 1891/09/01 Case 1591 Original AF 69W 9 Ridge) WSSC Res. SW SE NW

No. 5 4037.0 31-8N- 1904/12/0 CLP 1891/09/01 Case 1591 Original (Long Pond) AF 68W 9 SW NW Lindemeier 608.0 Long Pond 1904/12/0 NE 1892/02/16 Case 1591 Original Lake AF Res. 9 6-7N-68W Case 1591 (W-

23-8N- 7821- WSSC Res. 310.0 Long Pond 1904/12/0 69W 1892/02/16 74) Original No. 4 AF Res. 9

SE NE SW WSSC Res. 422.0 WSSC Res. 1904/12/0 23-8N- 1900/12/12 Case 1951 Original No. 4 AF No. 2, 3 9 69W

SE SE SE 1922/04/2 Black 6428.0 CLP 34-8N- 1906/02/20 2 Case 2031 Supp. Hollow Res. AF 67W Joe Wright Chambers Creek, Fall NE NE SE Lake 3577.0 River Creek 1922/04/2 6-7N-75W 1910/05/28 Case 2031 Supp. Reservoir AF and Trap 2 Creek SW NE

NW 1562.0 1945/12/1 Kluver Res. CLP 23-8N- 1911/05/01 Case 5362 Supp. AF 8 69W SE SE SE Black 2158.0 1945/12/1 CLP 34-8N- 1918/10/05 Case 5362 Supp. Hollow Res. AF 8 67W

51

Location Appropria Adjudicat Section Judicial Name Amount Source tion ion Township Proceeding Date Date Range NE NW SE Long Draw 4201.0 Long Draw 1945/12/1 11-6N- 1922/06/05 Case 5362 Supp. Res. AF Creek 8 75W Joe Wright Chambers Creek, Fall

Lake 2197.0 River Creek NE NE SE 1945/12/1 1922/12/03 Case 5362 Supp. Reservoir AF and Trap 6-7N-75W 8 Creek NE SE SW WSSC Res. 3615.0 1953/09/1 CLP 14-8N- 1943/10/04 Case 11217 Supp. No. 2, 3 AF 0 69W

Case 11217 (W- NE SE SW WSSC Res. 445.9 1953/09/1 112- CLP 14-8N- 1943/10/04 No. 2, 3 AF 0 74) Supp. 69W NE SE SW WSSC Res. 138.0 1977/12/3 CLP 14-8N- 1943/10/04 W-112-77 Supp. No. 2, 3 AF 1 69W NE NW SE 6600.0 1977/12/3 W-9322-78 Long Draw CLP 11-6N- 1965/08/31 AF 1 (83CW126) Supp. Res. 75W

NW NW 82CW289 Supp. - 3800.0 1982/12/3 Trap Lake II Trap Creek SW 21-7N- 1982/06/16 Cond. AF 1 75W

Note: CLP - Cache la Poudre River

Water Supply and Storage Company Water Rights Transmountain Location Appropria Adjudicati Section Judicial Name Amount Source tion on Township Proceeding Date Date Range

Chambers Big Lake 11478.0 Case 1247 Laramie 6-7N-75W 1891/08/07 1896/10/30 Reservoir AF Original River Laramie River West Case 1247

Ditch 300 Branch Original NE NE SW (Skyline cfs Laramie 1891/08/07 1896/10/30 (84CW204) 14-8N-76W Ditch) River Supp. Cameron Pass Michigan Case 1519 10.0 cfs SE 2-6N-76W 1882/07/30 1902/04/23 Ditch River Original Cameron Pass 18.0 Michigan NW SE 2-7N- Case 1519 1898/07/07 1902/05/23 Ditch cfs River 76W Original

52

Location Appropria Adjudicati Section Judicial Name Amount Source tion on Township Proceeding Date Date Range Cameron NE SW NW River Ditch 21-6N-75W Alternate 524.6 Colorado NW NE NW Case 112 1890/09/01 1906/08/11 Point cfs River 28-5N-76W Original Alternate NW NE SE Point 29-6N-75W Case 2725

Big Case 5993 Laramie River NE SW 7-8N- 300.0 cfs Laramie 1902/08/25 1914/02/20 (84CW204) Tunnel* 75W River Supp.

Case 2725 225.0 Rawah NE NE SW Rawah Ditch* 1902/08/25 1914/02/20 Case 5993 Supp. cfs Creek 32-9N-76W Rawah and 275.0 Rawah SE SE SW 14- Case 2725 Lower 1902/08/25 1914/02/20 cfs Creek 9N-76W Case 5993 Supp. Supply Ditch*

Case 2725 McIntyre McIntyre SE NE NE 31- 40.0 cfs 1902/08/25 1914/02/20 Case 5993 Supp. Ditch* Creek 9N-76W

Case 2725 Link Lake No. 1050.0 Rawah SE 7-8N-76W 1902/08/25 1914/02/20 Case 5993 Supp. 1* AF Creek

Case 2725 Link Lake No. 1400.0 Rawah SW 5-8N- 1902/08/25 1914/02/20 Case 5993 Supp. 2* AF Creek 76W

Case 2725 Link Lake No. 525.0 Rawah NW 5-8N- 1902/08/25 1914/02/20 Case 5993 Supp. 3* AF Creek 76W

Link Lake No. Rawah SW 32-9N- Case 2725 592.0 AF 1902/08/25 1914/02/20 4* Creek 76W Case 5993 Supp. Link Lake No. 700.0 Rawah Case 2725 NE 5-8N-76W 1902/08/25 1914/02/20 5* AF Creek Case 5993 Supp. Link Lake No. Rawah SW 32-9N- Case 2725 300.0 AF 1902/08/25 1914/02/20 6* Creek 76W Case 5993 Supp. Link Lake No. 440.0 Rawah Case 2725 NE 5-8N-76W 1902/08/25 1914/02/20 7* AF Creek Case 5993 Supp. Link Lake No. 2000.0 Rawah SW 4-8N- Case 2725 1902/08/25 1914/02/20 8* AF Creek 76W Case 5993 Supp. Link Lake No. Rawah Case 2725 574.0 AF NE 6-8N-76W 1902/08/25 1914/02/20 9* Creek Case 5993 Supp. Link Lake No. 425.0 McIntyre NE 31-9N- Case 2725 1902/08/25 1914/02/20 10* AF Creek 76W Case 5993 Supp. Link Lake No. 1148.0 McIntyre SW 31-9N- Case 2725 1902/08/25 1914/02/20 11* AF Creek 76W Case 5993 Supp.

53

Location Appropria Adjudicati Section Judicial Name Amount Source tion on Township Proceeding Date Date Range Link Lake No. Rawah NW 4-8N- Case 2725 138.0 AF 1902/08/25 1914/02/20 12* Creek 76W Case 5993 Supp. Link Lake No. Rawah NE 29-9N- Case 2725 597.0 AF 1902/08/25 1914/02/20 13* Creek 76W Case 5993 Supp. Link Lake No. Rawah NE 29-9N- Case 2725 597.0 AF 1902/08/25 1914/02/20 14* Creek 76W Case 5993 Supp. SE NW 32- Laramie Lake 340.0 AF Drainage 1890/07/01 1944/09/11 Case 5993 Supp. 8N-75W SW SE 31-8N- Lost Lake 288.0 AF Drainage 1890/07/02 1944/09/11 Case 1993 Supp. 75W 178.00 SE NW 29- Lilly Lake Drainage 1912/07/01 1944/09/11 Case 5993 Supp. AF 8N-78W

Note: * Partial Ownership

Water Supply and Storage Company Water Rights Seepage (District 3) Location Appropriati Adjudicati Sourc Judicial Name Amount 10 40 160 Sect on on e Proceeding Twn Rge Date Date W-1748 Lind Seepa SE NE SE 35-8N- 54.9 AF 1881/04/21 1972/12/31 W-1877- Reservoir* ge 68W Supp. WSSC Seepa NE NE NW 20- 1881/04/21 W-1877 2.0 cfs 1972/12/31 Seepage A ge 8N-69W Supp. W-1877 WSSC Seepa SE SE SE 17-8N- 2.0 cfs 1881/04/21 1972/12/31 Supp. Seepage B ge 69W

W-1877 WSSC Seepa SW NW SW 4- 5.0 cfs 1881/04/21 1972/12/31 Supp. Seepage 1 ge 8N-69W

W-1877 WSSC Seepa SW NW NE 3-8N- 12.0 cfs 1881/04/21 1972/12/31 Supp. Seepage 2 ge 69W

W-1877 WSSC Seepa NE NE SW 3-8N- 4.0 cfs 1881/04/21 1972/12/31 Supp. Seepage 2A ge 69W

W-1877 WSSC Seepa NW SW SE 17- 2.0 cfs 1881/04/21 1972/12/31 Supp. Seepage 2B ge 8N-68W

W-1877 WSSC Seepa NE SW NW 14- 20.0 cfs 1881/04/21 1972/12/31 Supp. Seepage 3 ge 8N-68W

W-1877 WSSC Seepa NE NW SW 14- 1.0 cfs 1881/04/21 1972/12/31 Supp. Seepage 4 ge 8N-68W

54

Location Appropriati Adjudicati Sourc Judicial Name Amount 10 40 160 Sect on on e Proceeding Twn Rge Date Date W-1877 WSSC Seepa NW NW SW 31- 2.0 cfs 1881/04/21 1972/12/31 Supp. Seepage 6 ge 8N-67W

W-1877 WSSC Seepa NW SW SE 6-7N- 2.0 cfs 1881/04/21 1972/12/31 Supp. Seepage 7 ge 67W

W-1977 WSSC Seepa SW NE SW 8-7N- 0.1 cfs 1881/04/21 1972/12/31 Supp. Seepage 7A ge 76W

W-1877 WSSC Seepa SW SW SE 8-7N- 0.3 cfs 1881/04/21 1972/12/31 Supp. Seepage 7B ge 67W

W-1877 WSSC Seepa NW NW SW 13- 2.0 cfs 1960/06/01 1972/12/31 Supp. Seepage 7C ge 7N-67W

W-1877 WSSC Seepa NE SE SE 5-7N- 0.62 cfs 1881/04/21 1972/12/31 Supp. Seepage 8 ge 66W

WSSC Seepa SE NE SE 5-7N- W-1877 1.0 cfs 1881/04/21 1972/12/31 Seepage 9 ge 66W Supp. WSSC Seepa SW NW SW 4- W-1877 0.9 cfs 1881/04/21 1972/12/31 Seepage 10 ge 7N-66W Supp.

Note: * Partial Ownership

20CW3209 FORT MORGAN FARMS, LLC, a Colorado limited liability company, c/o Robert Graves, 5821 West County Road 54, Bellvue, CO 80512. John P. Justus and Karoline M. Henning, Hoskin Farina & Kampf, P.C., 200 Grand Avenue, Suite 400, Post Office Box 40, Grand Junction, Colorado 81502. APPLICATION FOR CONDITIONAL WATER RIGHT AND PLAN FOR AUGMENTATION IN MORGAN COUNTY. 2. Overview: Fort Morgan Farms is participating in the development of a water recharge project with Ducks Unlimited, Inc. (“DU”) and Colorado Parks and Wildlife (“CP&W”) to, in part, increase the availability and persistence of multi-purpose waterfowl foraging habitats through the development of new habitat locations on lands owned by the United States Department of Interior – Bureau of Reclamation (“Reclamation”), that will also serve as recharge facilities. Fort Morgan Farms will deliver water pumped from the surface of the South Platte River, as further described in the application, to those facilities. Fort Morgan Farms will also use the same pipeline that delivers water to the recharge facilities to deliver water to lands either owned by Fort Morgan Farms or lands that Fort Morgan Farms has negotiated a contractual right to purchase, as described in the application, for irrigation use. APPLICATION FOR CONDITIONAL WATER RIGHT. 3. Name of Structure and Water Right: Fort Morgan Farms Augmentation Pipeline – 2020 DU Project Right. 4. Legal Description of Point of Diversion: Pumping station diverting from the surface flow of the South Platte River located in Section 18, Township 4 North, Range 58 West of the 6th P.M., at a point located between a point in the Southwest Quarter of the Northeast Quarter of said Section 18, being 2,141 feet south of the north section line and 2,609 feet west of the east section line, and a point in the Northwest Quarter of the Southeast Quarter of said Section 18, being 2,899 feet south of the north section line and 1,663 feet west of the east section line (“Fort Morgan Farms Pumping Station”). 5. Source: South Platte River. The Fort Morgan Farms Pumping Station will only divert surface flows. 6. Appropriation Information: a. Date of Appropriation: December 30, 2020. b. How appropriation

55

was initiated: By the Fort Morgan Farms’ formation of the intent to appropriate paired with overt acts sufficient to manifest Fort Morgan Farms’ intent to appropriate water for beneficial use, demonstrating the taking of a substantial step towards the application of beneficial use, and constituting notice to interested parties of the nature and extent of the proposed demand on the water supply. Specifically, Fort Morgan Farms filed the Application on December 30, 2020. c. Date Water Applied to Beneficial Use: Not Applicable. 7. Amount Claimed: 20 cubic feet per second of time (“cfs”), but not more than a total of 3,600 acre-feet during any period from November 1 to October 31 of the succeeding year, Conditional. This amount will be measured at the Fort Morgan Farms Pumping Station. 8. Uses: The water will be diverted into the Fort Morgan Farms Augmentation Pipeline for direct irrigation to the lands described in paragraph 8.c of the application and below, and for recharge of the alluvial aquifer of the South Platte River for augmentation and replacement purposes, including replacement of return flows as described in paragraphs 9-14 of the Application. The water will also be used for wildlife habitat development and enhancement, and recreation uses on the lands owned by Reclamation where the recharge facilities are located: a. When water attributable to the 2020 DU Project Right is used for recharge of the alluvial aquifer of the South Platte River for augmentation and replacement purposes, it will be delivered from the Fort Morgan Farms Augmentation Pipeline to another interconnecting pipeline system to be constructed to the west on the lands owned by Reclamation for delivery to the Recharge Sites described in paragraph 11 of the Application, and the resulting accretions accruing to the South Platte River will be used for augmentation and replacement purposes as described in paragraph 9 of the Application. b. When water from the 2020 DU Project Right is contained within the recharge sites located on the lands owned by Reclamation the water in those sites will be non-consumptively used by DU and CP&W for on-site purposes including, but not limited to, wildlife habitat development, enhancement, management, and recreation. By placing water in the recharge facilities, no storage rights are sought. Further, there is no intent by Applicant to create or re-create a natural stream on private or public property. c. When water attributable to the 2020 DU Project Right is used for direct irrigation purposes, water will be delivered from the Fort Morgan Farms Augmentation Pipeline, or from an interconnecting pipeline system to be constructed on the lands owned by Reclamation to the west, to lands lying in the Northeast Quarter of Section 25, the East Half of Section 29 lying north of the Bijou Creek, the South Half of Section 23, the Southeast Quarter of Section 22, the West Half of Section 21, the East Half of Section 20, the West Half of Section 16, and the South Half of Section 17, Township 4 North, Range 59 West of the 6th P.M. APPLICATION FOR PLAN FOR AUGMENTATION 9. Statement of Plan for Augmentation and Use of Recharge Accretions. C.R.S. §37-92-103(9) defines a plan for augmentation as, inter alia, a detailed program to increase the supply of water available for beneficial use by the development of new or alternate means or points of diversion, by a pooling of water resources, by water exchange projects, by providing substitute supplies of water, by the development of new sources of water, or by any other appropriate means. The augmentation plan sought herein is a recharge project and is stated as follows. a. Recharge Operations. At the Fort Morgan Farms Pumping Station, Fort Morgan Farms will divert water available pursuant to the 2020 DU Project Right and from the Fort Morgan Farms Reservoir Complex water storage rights pending in Case No. 19CW3246 (WD1), which has been released and re- diverted at the Fort Morgan Farms Pumping Station and deliver such water through the Fort Morgan Farms Augmentation Pipeline, and the interconnected pipeline to be constructed on lands owned by Reclamation to the west, to the Recharge Facilities described in paragraph 11 of the Application. Those deliveries of fully consumable water to the Recharge Facilities will deliver water into the alluvial aquifer (“Recharge Water”) and generate accretions to the South Platte River and its tributaries. b. Augmentation and replacement. Fort Morgan Farms will utilize the accretions from the Recharge Water as a source of replacement water, including replacement of return flow, in the following plans for augmentation, pursuant to the terms and conditions of such decrees: i. The plan for augmentation approved in the Decree entered on September 16, 2008 in Case No. 2000CW261 by the District Court in and for Water Division 1 (“00CW261 Decree”); ii. The plan for augmentation approved in the Decree entered on November 13, 2013 in Case No. 2007CW291 by the District Court in and for Water Division 1 (“07CW291 Decree”); iii. The plan for augmentation approved in the Decree entered on October 10, 2018 in Case No. 2008CW104 by the District Court in and for Water Division 1 (“08CW104 Decree”); and iv. Any future plan or plan(s) for 56

augmentation for which Fort Morgan Farms seeks Court approval for the augmentation of wells used to irrigate the following lands that are either owned by Applicant, or under contract/option for purchase by Applicant, pursuant to a separately decreed plan or plans for augmentation: Approximately 2,810 acres of irrigated or irrigable land lying in the Northwest Quarter of Section 4, Township 3 North, Range 58 West, 6th P.M.; the West Half of Section 16, and the South Half of Section 17, the South Half of Section 23, the Southeast Quarter of Section 22, the West Half of Section 21, Section 20, the Northeast Quarter of Section 25, the Northeast Quarter and the North Half of the Southeast Quarter of Section 29, and the Southwest Quarter of Section 31, Township 4 North, Range 59 West, 6th P.M.; lands lying in the North Half of Section 36, the Southeast Quarter of Section 26, and the Northwest Quarter of Section 25, Township 4 North, Range 60 West, 6th P.M. Applicant is not seeking approval of any such future plan or plans(s) for augmentation by the Application, and Fort Morgan Farms shall file an application with the Court for any such future plan identifying the specific structures to be augmented by use of any recharge accretions generated from the Recharge Water. The foregoing plans for augmentation are collectively referred to as the “Fort Morgan Farms Augmentation Plans”). c. Rediversion to Recharge. Applicant may re-divert the recharge accretions generated from the delivery of the Recharge Water, by use of the Fort Morgan Farms Pumping Station to either the recharge facilities described below, or to the facilities authorized pursuant to the Decree entered in Case No. 11CW40, on January 2, 2014, by the Water Court in and for Water Division 1 (the “11CW40 Decree”), for purposes of re-timing those accretions for subsequent use in the Fort Morgan Farms Augmentation Plans, or as otherwise permitted by the Court. 10. Fully Consumable Water to be Delivered to Recharge Facilities. a. Water available pursuant to the 2020 DU Project Right described in paragraphs 3 through 8 of the Application. b. Water available pursuant to the claimed conditional water storage rights for the Fort Morgan Farms Reservoir Complex, pending in Case No. 19CW3246, Water Division 1, that is released from that storage structure and subsequently re-diverted at the Fort Morgan Farms Pumping Station: i. Location of Complex: Fort Morgan Farms Reservoir Complex will consist of two storage vessels located in the South Half of Section 1, the North Half of Section 12, and the Southeast Quarter of the Northeast Quarter of Section 11, Township 5 North, Range 65 West, 6th P.M., which is at the confluence of the South Platte and Cache La Poudre Rivers. 1. The outlets from the Fort Morgan Farms Reservoir Complex will be to both the Cache La Poudre River and to the South Platte River at the following approximate locations: a. Outlet to the Cache La Poudre River: UTM: (NAD 83 datum, Zone 13) 533025.90 Easting, 4474761.13 Northing. PLSS: SW1/4 of the SE1/4, Section 1, Township 5 North, Range 65 West, 6th P.M. b. Outlet to the South Platte River: UTM: (NAD 83 datum, Zone 13) 532998.40 Easting, 4473884.10 Northing. PLSS: SW1/4 of the NE1/4, Section 12, Township 5 North, Range 65 West, 6th P.M. ii. Claimed Source(s): The Fort Morgan Farms Reservoir Complex will divert from both the South Platte River and the Cache La Poudre River. iii. Claimed Points of Diversion: The approximate points of diversion from the South Platte and Cache La Poudre Rivers are described as follows: 1. Name: FMF Reservoir Complex South Platte River Diversion: UTM: (NAD 83 datum, Zone 13) 533048.5 Easting, 4473909.4 Northing. PLSS: SW1/4 of the NE1/4 of Section 12, Township 5 North, Range 65 West, 6th P.M. 2. Name: FMF Reservoir Complex Cache La Poudre River Diversion: UTM: (NAD 83 datum, Zone 13) 532696.9 Easting, 4474643.3 Northing. PLSS: SE1/4 of the SW1/4 Section 1, Township 5 North, Range 65 West, 6th P.M. 3. Claimed Date of Appropriation: August 6, 2019. iv. Amount Claimed: Applicants are claiming a conditional water storage right of 12,000 acre-feet per year. Applicants are not seeking a refill right in the same water year. v. Claimed Diversion Rates: 1. FMF Reservoir Complex South Platte River Diversion: 100 cfs, conditional. 2. FMF Reservoir Complex Cache La Poudre River Diversion: 100 cfs, conditional. 3. Maximum Simultaneous Rate of Diversion will be: 200 cfs, conditional. vi. Claimed Proposed Uses: Irrigation, augmentation, and recharge, as more specifically described in the First Amended Application in Case No. 19CW3246. c. Any other fully consumable water or water rights owned, appropriated, leased, or otherwise controlled by Fort Morgan Farms may be delivered to generate accretions to the South Platte River and its tributaries. 11. Description of Recharge Sites. Water diverted under the water rights described in paragraph 10 of the Application will be delivered through the Fort Morgan Farms Augmentation Pipeline and the to be constructed interconnected pipeline to the west to the following recharge sites: Lantz N1 to be located in the SW1/4 SE1/4 of Section 24, T4N, R59W, 6th P.M.; Lantz N2 to be located in the SW1/4 57

SE1/4 and SE1/4 SE1/4 of Section 24, T4N, R59W, 6th P.M.; Lantz N3 to be located in the SW1/4 SE1/4, SE1/4 SE1/4, and NE1/4 SE1/4 of Section 24, T4N, R59W, 6th P.M.; Lantz N4 to be located in the NE1/4 SW1/4, NW1/4 SE1/4, SE1/4 SW1/4, and SW1/4 SE1/4 of Section 24, T4N, R59W, 6th P.M.; Lantz N5 to be located in the SE1/4 SW1/4 of Section 24, T4N, R59W, 6th P.M.; Lantz N6 to be located in the SW1/4 SW1/4and SE1/4 SW1/4 of Section 24, T4N, R59W, 6th P.M.; Lantz N7 to be located in the NE1/4 SW1/4 of Section 24, T4N, R59W, 6th P.M.; Lantz N8 to be located in the NE1/4 SW1/4 of Section 24, T4N, R59W, 6th P.M.; Lantz N9 to be located in the NW1/4 SW1/4 and NE1/4 SW1/4 of Section 24, T4N, R59W, 6th P.M.; Lantz N10 to be located in the SW1/4 NW1/4, SE1/4 NW1/4, and NE1/4 SW1/4 of Section 24, T4N, R59W, 6th P.M.; Lantz N11 to be located in the SE1/4 NW1/4 of Section 24, T4N, R59W, 6th P.M.; Lantz N12 to be located in the SE1/4 NW1/4 of Section 24, T4N, R59W, 6th P.M. Lantz N13 to be located in the SE1/4 NW1/4, SW1/4 NE1/4, and NE1/4 SW1/4 of Section 24, T4N, R59W, 6th P.M.; Lantz N14 to be located in the SW1/4 NE1/4 of Section 24, T4N, R59W, 6th P.M.; Lantz N15 to be located in the SW1/4 NW1/4 of Section 24, T4N, R59W, 6th P.M.; Lantz N16 to be located in the NW1/4 NW1/4 and SW1/4 NW1/4 of Section 24, T4N, R59W, 6th P.M.; Lantz N17 to be located in the NW1/4 NW1/4 of Section 24, T4N, R59W, 6th P.M.; Lantz N18 to be located in the NE1/4 NW1/4 of Section 24, T4N, R59W, 6th P.M.; Lantz N19 to be located in the NW1/4 NE1/4 of Section 24, T4N, R59W, 6th P.M.; Lantz S1 to be located in the NW1/4 NW1/4 and SW1/4 NW1/4 of Section 35, T4N, R59W, 6th P.M.; Lantz S2 to be located in the NW1/4 NW1/4, SW1/4 NW1/4, and SE1/4 NW1/4 of Section 35, T4N, R59W, 6th P.M.; Lantz S3 to be located in the SW1/4 SW1/4 of Section 26, T4N, R59W, 6th P.M.; Lantz S4 to be located in the NW1/4 SW1/4 and SW1/4 SW1/4 of Section 26, T4N, R59W, 6th P.M.; Lantz S5 to be located in the NW1/4 SW1/4, SE1/4 NW1/4, and NE1/4 SW1/4 of Section 26, T4N, R59W, 6th P.M.; Lantz S6 to be located in the SE1/4 NW1/4 of Section 26, T4N, R59W, 6th P.M.; Lantz S7 to be located in the NE1/4 NW1/4, SE1/4 NW1/4, and SW1/4 NE1/4 of Section 26, T4N, R59W, 6th P.M.; Lantz S8 to be located in the SW1/4 NW1/4 of Section 26, and SE1/4 NE1/4 of Section 27, T4N, R59W, 6th P.M.; Lantz S9 to be located in the SE1/4 NE1/4 of Section 27, T4N, R59W, 6th P.M.; Lantz S10 to be located in the SW1/4 NW1/4 of Section 26, T4N, R59W, 6th P.M.; Lantz S11 to be located in the NW1/4 NW1/4 and SW1/4 NW1/4 of Section 26, and NE1/4 NE1/4 and SE1/4 NE1/4 of Section 27, T4N, R59W, 6th P.M.; Lantz S12 to be located in the NW1/4 NW1/4 and SW1/4 NW1/4 of Section 26, T4N, R59W, 6th P.M.; Lantz S13 to be located in the NW1/4 NW1/4 of Section 26, T4N, R59W, 6th P.M.; Lantz S14 to be located in the NW1/4 NW1/4, NE1/4 NW1/4, SW1/4 NW1/4, and SE1/4 NW1/4 of Section 26, T4N, R59W, 6th P.M.; Lantz S15 to be located in the NE1/4 NW1/4 of Section 26, T4N, R59W, 6th P.M.; Lantz S16 to be located in the NE1/4 NW1/4 and NW1/4 NE1/4 of Section 26, T4N, R59W, 6th P.M.; Good W1 to be located in the NW 1/4 of the NW 1/4 of the SE 1/4 Sec. 22 T4N, R59W, 6th P.M.; Good W2 to be located in the NE 1/4 of the NE 1/4 of the SE 1/4 Sec. 22 T4N, R59W and the NW 1/4 of the NW 1/4 of the SW 1/4 Sec. 23 T4N, R59W, 6th P.M.; Good E1 to be located in the NE 1/4 of the NE 1/4 of the SW 1/4 and the NW 1/4 of the NW 1/4 of the SE 1/4 Sec 23 T4N, R59W, 6th P.M.; Good E2 to be located in the NE 1/4 of the NE 1/4 of the SE 1/4 Sec. 23 T4N, R59W, 6th P.M.; Good E3 to be located in the SE 1/4 of the SE 1/4 of the SE 1/4 Sec. 23 T4N, R59W, 6th P.M.; Good E4 to be located in the SW 1/4 of the SW 1/4 of the SE 1/4 and the SE 1/4 of the SE 1/4 of the SW 1/4 Sec. 23 T4N, R59W, 6th P.M.; Good E5 to be located in the SW 1/4 of the SW 1/4 of the SE 1/4 and the SE 1/4 of the SE 1/4 of the SE 1/4 Sec. 23 T4N, R59W, 6th P.M.; Good E6 to be located in the SW 1/4 of the SW 1/4 of the SE 1/4 Sec. 22 T4N, R59W, 6th P.M. 12. Amount and Timing of Recharge Accretions. Recharge accretions from deliveries of Recharge Water shall be fully allocated to Fort Morgan Farms. The generated recharge accretions will be used as described in Paragraph 9, above. Recharge accretions will be calculated using the same accounting methodology, including Days to Dry tracking, as described for the recharge facilities and water deliveries in the 11CW40 Decree. The volume and timing of recharge accretions to the South Platte River will be calculated using the analytical equations described by Glover and others. Although there are various methods for applying these analytical equations, the method proposed to be used by Fort Morgan Farms is be based upon a parallel no- flow boundary condition which requires the following parameters: 1) a boundary condition for the alluvial aquifer indicating that the boundary constitutes a “no-flow” boundary condition; 2) the width of the aquifer on the side of the river where the recharge structure is located, commonly referred to as “W”; 3) the distance 58

from the river to the location of the recharge structure, commonly referred to as “X”; 4) the harmonic transmissivity of the aquifer between the recharge structure and the river, commonly referred to as “T”; and 5) the specific yield of the aquifer, commonly referred to as “S.” The current estimated Glover values for the recharge sites, to the extent they have been determined, are set forth in the application. 13. Uses of Excess Recharge Accretions. Because it will not be possible to always match the timing of water availability for the 2020 DU Project Water Right and the associated deliveries and resulting recharge accretions with the timing of depletions from wells and other structures included in the Fort Morgan Farms Augmentation Plans, now or in the future, there may be recharge accretions generated by the diversion, delivery, and recharge of the 2020 DU Project Right that are in excess of the needs of those plans. Fort Morgan Farms intends to use any such excess recharge accretions, including use pursuant to leases or other agreements between Fort Morgan Farms and other entities or persons, for general augmentation and replacement purposes related to depletions created by a variety of uses, including but not limited to agricultural, commercial, industrial, and municipal uses, in accordance with law and subject to approval of the State Engineer and the Water Court. 14. Rights to Use Recharge Facilities. Fort Morgan Farms acknowledges that any use of land owned by Reclamation or facilities located on lands owned by Reclamation pursuant to the claims in the application: 1) may only occur with the written permission of the owner of said lands and/or facilities, and will be made consistent with such policies, procedures, contracts, charges and terms as may be lawfully determined by Reclamation, in its good faith discretion; and 2) must be pursuant to contract with Reclamation. Fort Morgan Farms further acknowledges that the filing of the application does not independently give it, or any other entity, any rights to ownership or use of Reclamation land and facilities, does not alter any existing rights, does not alter the respective rights or authority of Reclamation, and has no effect on the authority of the United States to regulate and/or deny the use of federal land or facilities. 15. 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 modifications to the existing storage pool: a. Mark A & David E. Arndt, 13091 Hwy 144, Fort Morgan, CO 80701, own the lands where the Fort Morgan Farms Pumping Station is to be located. b. The United States Department of Interior – Bureau of Reclamation, 11056 W. County Road 18E, Loveland, CO 80537, owns the land on which the Lantz N and S recharge facilities are to be located. c. Fort Morgan Farms, LLC, 5821 West County Road 54, Bellvue, CO 80512, owns the land on which the Good E and Good W recharge facilities are to be located. Application is 11 pages.

20CW3210 PIONEER WATER AND IRRIGATION, INC., PO Box 1218, Fort Morgan, CO 80701, Phone: (970) 867-3054. Please send all pleadings and correspondence to: Matthew Machado, Anthony J. Basile, PO Box 978, Longmont, CO 80502-0978, Telephone: (303) 776-9900, [email protected]; [email protected]. APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE IN MORGAN COUNTY. 2. Name of Structures: Tremont and Smith Snyder Canals, Peterson Recharge Areas and Walker East Recharge Pond (“Subject Water Rights”). 3. Describe conditional water right giving the following from the previous decree: 3.1. Date of original decree, case no. and Court: The original decree for the Subject Water Rights was entered on December 4, 2014 in Case No. 01CW283, District Court, Water Division No. 1 (“Original Decree”). 3.2. Subsequent decrees awarding findings of diligence: N/A 3.3. Legal description of points of diversion: 3.3.1. Water will be diverted from the South Platte River though the Tremont and Smith-Snyder Canals. These are existing inter-connected ditches that share a common diversion point from the South Platte River located in the SE 1/4 of Section 25, T4N, R57W, 6th P.M., Morgan County, Colorado. These structures are located on land owned and managed by Colorado Parks and Wildlife (f/k/a Colorado Division of Wildlife). The in- ditch recharge through the Tremont and Smith-Snyder Canals is divided into an upper (west) section, containing a maximum surface area of 11.8 acres (“Upper Canal Reach”) and a lower (east) section, containing a maximum surface area of 6.1 acres (“Lower Canal Reach”) (together, “Canal Reaches”). The Upper Canal Reach and Lower Canal Reach of the Tremont and Smith-Snyder Canals are shown on the map attached and incorporated as EXHIBIT A. 3.3.2. Water diverted from the South Platte River will be 59

delivered through the Tremont and Smith-Snyder Canals and their laterals to the ground water Recharge Areas located and described in the Tables below. Each Recharge Area consists of one or more “Recharge Facilities” that will be treated as a single structure for calculating recharge pursuant to the Original Decree. A general facility map of the Pioneer system with the Recharge Areas and the Recharge Facilities within each Recharge Area in this Decree are shown on the maps attached and incorporated in EXHIBIT B-1 and B-2. The South Peterson Recharge Area contains five Recharge Facilities identified as Ponds A, B, C, D, and E. The North Peterson Recharge Area contains five Recharge Facilities identified as Ponds F, G, H, I and J. The Walker East Recharge Area consists of one Recharge Facility. The capacity and surface area of the Recharge Facilities within the Recharge Areas are based on mapping of the existing topography of each Recharge Facility. Pioneer may modify the capacity and surface area of the Recharge Facilities based upon a survey after any required earthwork is completed according to the procedure set forth in paragraph 10.G of the Original Decree. All Recharge Facilities are distinct from the storage or recharge facilities described in paragraph I.6 of the decree in Case No. 81CW407; however, the Original Decree and the decree in Case No. 81CW407 authorize recharge in the same canal reaches pursuant to Paragraph 10.B.2 of the Original Decree. SOUTH PETERSON RECHARGE AREAS RECHARGE CAPACITY ANTICIPATED LOCATION FACILITY SURFACE DESIGNATION AREA

Pond A 82 af 23.3 acres NW 1/4 Section 27, NE 1/4 Section 28, T5N, R55W

Pond B 88 af 12.3 acres SW 1/4 Section 22, NW 1/4 Section 27, T5N, R55W

Pond C 90 af 35.8 acres W ½ Section 27, NE 1/4 Section 28, T5N, R55W

Pond D 41 af 9.1 acres SW 1/4 Section 22, T5N, R55W

Pond E 143 af 35.7 acres SE 1/4 Section 22, T5N, R55W The South Peterson Recharge Area is shown on the map attached as EXHIBIT B-1.

NORTH PETERSON RECHARGE AREAS RECHARGE CAPACITY ANTICIPATED LOCATION FACILITY SURFACE AREA DESIGNATION

Pond F 30 af 10.1 acres NE 1/4 Section 28, T5N, R55W

Pond G 11 af 3.5 acres SE 1/4 Section 21, T5N, R55W

Pond H 18 af 4.6 acres SW 1/4 Section 22, T5N, R55W

Pond I 32 af 6.4 acres SW 1/4 Section 22, T5N, R55W

Pond J 31 af 10.3 acres Center of Section 22, T5N, R55W The North Peterson Recharge Area is shown on the map attached as EXHIBIT B-1. 60

WALKER EAST RECHARGE AREA RECHARGE CAPACITY ANTICIPATED LOCATION FACILITY SURFACE DESIGNATION AREA

Walker East 42 af 21.2 acres S ½ Section 29, NW 1/4 Section 32, T5N, Recharge Area R55W The Walker East Recharge Area is shown on the map attached as EXHIBIT B-2. 3.4. Source of Water: South Platte River. 3.5. Appropriation Date: December 5, 2001. 3.6. Amount Subject to this Application: 175 c.f.s. CONDITIONAL, to be diverted at the headgate of the Tremont and Smith-Snyder Canals and delivered through the Canal Reaches to the Peterson Recharge Areas and the Walker East Recharge Area with a one-year maximum volumetric limit of 6,250 acre feet, and a 10-year rolling average volumetric limit of 4,000 acre feet per year, subject to the terms of the Original Decree. For purposes of administering and accounting for the volumetric limits all diversions shall be measured at the headgate of the Tremont and Smith Snyder Canals and all diversions of the Subject Water Right beginning November 1, 2014 shall count against the 10-year rolling average volumetric limit. During each water year from November 1 to the following October 31, all diversions of the Subject Water Right shall be counted against both limits until either limit is reached. Once either of the volumetric limits has been reached for a water year, Pioneer shall not be entitled to divert additional water for recharge uses pursuant to the terms of this Decree. 3.7. Uses: Pioneer will divert the Subject Water Right for recharge use to generate supplemental augmentation credits for use in Pioneer’s previously decreed augmentation plan, Case No. 81CW407 (“Pioneer Plan”), including the four wells added by amendment to that plan in Case No. 02CW349, as well as for generating supplemental augmentation credits for use in the augmentation plans of Pioneer shareholders’ decreed in Case Nos. 85CW088, 86CW358, 87CW011, 89CW031, 89CW074, 92CW072 and 93CW156, Water Division No. 1 (“Pioneer Shareholders’ Plans”). 3.8 Integrated System. Applicant’s water rights and recharge system, which will provide augmentation supplies under this Decree, collectively comprise an integrated system of water rights and structures under section 37-92-301(4)(b) C.R.S. Work performed and effort or costs expended on any water rights or structures which are part of this integrated water system shall be considered in finding that reasonable diligence has been shown in the development of the water rights for all features of the system. 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: The following is a summary of expenditures for developing the subject water right during the diligence period from 2015-2020. The amounts of these expenditures for each year is provided on EXHIBIT C. TOTAL 2015-2020 Running Fees for carrying water to Pioneer recharge ponds 155,332.38 Storage Fees for water delivered into Pioneer recharge ponds 19,888.62

Utilities – Pumping Costs for water delivered into Pioneer recharge ponds 38,179.24

Repair and Maintenance of the ditch and recharge facilities 30,049.33 Ditch rider payments 17,058.38 Engineering for ditch facilities 399.50 Payment for new river headgate 20,860.12

Well meter certification for Pioneer shareholder wells augmented by the 10,950.00 plans listed in paragraph 3.7

61

Well Meter Repair and certification for Pioneer shareholder wells 15,499.10 augmented by the plans listed in paragraph 3.7

Management and legal expenses of Pioneer 15,319.21 Total expenditures during the diligence period $307,781.62 5. Amounts claimed to have been made absolute: At the time of filing the Application, Applicant has not made the water right absolute. Applicant reserves the right to claim as absolute in this case, and without amending the Application, any portion of the conditional direct flow right Applicant diverts and beneficially uses after the filing of this Application and prior to the entry of a decree in this case. 6. Name and address of owner of land upon which any new diversion structure or storage structure, or modification to an 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. 6.1. The Tremont and Snyder-Smith Canal headgate is located on land owned by the State of Colorado acting by and through DNR for the benefit of the Colorado Parks and Wildlife and its Commission, whose address is: 6060 Broadway, Denver, Colorado 80216. 6.2. The Peterson Recharge Areas are located on lands owned by the Gene B. Peterson Family Trust and Bettie Peterson, and B. B. Peterson & Son, Inc., a Colorado Corporation, all of whom have agreements with Pioneer which specifically contemplate the use of the areas as described in this Application. The address of the Gene B. Peterson Family Trust and Bettie Peterson is Bettie Peterson, 1920 Edison Street, Apt. 10, Brush, CO 80723-1736. The address of B. B. Peterson & Son, Inc. is 33035 County Road W 7, Snyder, CO 80750. 6.3 The Walker East Recharge Pond is located on lands owned by the G. Allyn Wind Trust, the Lenore B. Wind Trust, Bradley D. Wind, and Michelle M. Wind. The Winds’ address is 345 Howell Ave., Brush, CO 80723. 7. Miscellaneous. By this Application, Applicant does not seek to change any of the terms and conditions of the augmentation plan described in the Original Decree. WHEREFORE, Applicant requests findings of reasonable diligence for the conditional water rights originally awarded in Case No. 01CW283, and requests that any amounts of the remaining conditional direct flow water right diverted and used while this case is pending be made absolute. Number of pages in Application: 7, excluding exhibits.

20CW3211 CINDY J. WAGNER, P.O. Box 7086, Loveland, CO 80537, 970-290-8101, [email protected]. Please serve all pleadings on: Jeffrey J. Kahn, Anthony J. Basile, Lyons Gaddis, P.O. Box 978, Longmont, CO 80502-0978, Telephone: (303) 776-9900. APPLICATION FOR CONDITIONAL AND ABSOLUTE WATER STORAGE RIGHTS in LARIMER COUNTY. 2. Background: Applicant is the owner of a sealed gravel pit which now functions as a reservoir (“Reservoir”). The Reservoir was approved as being lined by the Colorado Division of Water Resources by a letter dated December 12, 2016. The Reservoir was filled from November 20, 2019 through January 2, 2020 under free river conditions. 3. Name of Reservoir: R. W. Wagner Reservoir (formerly identified as Tehya Reservoir, a/k/a Flying W Pit; WDID: 0403719). 4. Location of Reservoir: A. In Public Land Survey System format (“PLSS”): In the Northwest Quarter of Section 22, and the Southeast Quarter of the Southwest Quarter of Section 15, Township 5 North, Range 68 West of the 6th P.M. See map attached as Exhibit A. B. In UTM format per CDSS MapViewer (“UTM”): Easting 500300.0, Northing 4471100.0 in Zone 13. 5. Source: Big Thompson River. 6. Point of Diversion: A pumped diversion located on the south side of the Big Thompson River located as follows: A. In Public Land Survey System format (“PLSS”): In the Northeast Quarter of the Northeast Quarter of Section 21, Township 5 North, Range 68 West of the 6th P.M. B. In UTM format per CDSS MapViewer (“UTM”): Easting 499710.0, Northing 4471202.0 in Zone 13. 7. Appropriation and Beneficial Use: A. Date of Appropriation: November 20, 2019. B. How Appropriation Was Initiated: Diversions to fill the Reservoir were started under a free river condition. C. Date Water Applied to Beneficial Use: January 2, 2020. 8. Amounts and Uses Claimed: A. Absolute: 653.57 acre feet, absolute for aesthetic, wildlife habitat uses, fish habitat and recreation. B. Conditional: 653.57 acre feet conditional for irrigation of up to 40 acres and industrial for oil and gas operations. Applicant proposes to irrigate land that Applicant owns adjacent to the Reservoir. Applicant has been 62

approached to lease water for oil and gas operations but has not entered into a lease. C. Rates of Diversion: absolute, 7.63 cubic feet per second (“cfs”); conditional, 7.63 cfs. D. Dates of Filling the Reservoir: The Reservoir filled from November 20, 2019 to January 3, 2020, to a final volume of 653.57 acre feet, at a maximum pumping rate of 7.63 cfs, as indicated on Reservoir Accounting file, available on the Division of Water Resources structure records: Fill Information DWR_3561442.xls. E. Location of Conditional and Absolute Uses: The aesthetic, wildlife habitat uses, fish habitat and recreation uses occur on or in the reservoir. The acreage proposed to be irrigated is depicted on Exhibit A and consists of the portion of Applicant’s property to the South of the Reservoir in the South Half of the Northwest Quarter of Section 22. The oil and gas use will made at sites within the South Platte River basin. 9. Surface Area of High Water Line: 2,184,314.4 square feet (50.14 acres) per the Reservoir Curve produced by NoCo Engineering Company, attached as Exhibit B. 10. Dam: The Reservoir was excavated as part of a gravel mining operation and then sealed, so no dam is present. 11. Total Capacity of Reservoir in Acre Feet: 630.5 acre feet per the Reservoir Curve produced by NoCo Engineering Company, attached as Exhibit B. There is no outlet from the Reservoir. Water may be pumped from the Reservoir for the conditional uses. 12. Comments: From November 20, 2019 through January 3, 2020, 653.57 acre feet were diverted from the stream to fill the Reservoir. This is 23.2 acre feet more than the storage capacity curve for the Reservoir indicates is the total capacity. 13. Name and Address of Landowner: Cindy J. Wagner, P.O. Box 7086, Loveland, CO 80537. DATED: December 30, 2020. Application is 4 pages with 2 exhibits.

20CW3212 WILLIAM M WELBON AND SANDRA L. WELBON, 10259 East Highway 86, Franktown, CO, 80116. James J. Petrock, Eric K Trout, Petrock Fendel Poznanovic, P.C., 700 17th Street, Suite 1800, Denver, CO, 80202. APPLICATION FOR UNDERGROUND WATER RIGHTS AND PLAN FOR AUGMENTATION IN DOUGLAS COUNTY. Well Permits: Well permits will be applied for prior to construction of the wells. Subject Property: 15.28 acres located partly in the SE 1/4 of the SE 1/4 of Section 6 and partly in the SW 1/4 of the S/W 1/4 of Section 5, T8S, R65W of the 6th P.M., Douglas County, as described and shown on Attachment A hereto ("Subject Property"). Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in C.R.S. § 37-90-103(10.7), and the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in C.R.S. § 37- 90-103(10.5). Estimated Amounts: Applicants estimate the following annual amounts are available: Upper Dawson, 4.9 acre-feet; Lower Dawson, 2.4 acre-feet; Denver, 4.7 acre-feet; Arapahoe, 6.85 acre-feet; Laramie-Fox Hills, 4.49 acre-feet. Proposed Uses: Domestic, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to C.R.S. §§ 37-92-302(2), and 37-90-137(6). Description of Plan for Augmentation: Groundwater to be Augmented: 2 acre-feet per year of Upper Dawson Aquifer groundwater as requested herein. Water Rights for Augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of Plan for Augmentation: The Upper Dawson aquifer water will be used on the Subject Property for in-house use in two residences (0.3 acre-feet per residence and 0.6 acre-feet total), irrigation of 20,000 square-feet of lawn, garden, and trees (1.3 acre-feet total), and stockwatering of up to 8 large domestic animals (0.1 acre-feet). Applicants reserve the right to amend the amounts and values without amending the application or republishing the same. Sewage treatment for in- house use will be provided by non-evaporative septic systems and return flow from in-house and irrigation use will be approximately 90% and 15% of that use, respectively. During pumping Applicants will replace actual depletions to the affected stream system pursuant to C.R.S. § 37-90-137(9)(c.5). Depletions occur to the Coal Creek stream system. Return flows accrue to the South Platte River via Coal Creek and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post pumping augmentation requirements. WHEREFORE, Applicants pray that this Court enter a Decree: Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; Specifically determining that: Applicants have complied with Section 37-90-137(4), C.R.S., and water is legally 63

available for withdrawal; Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater and the plan for augmentation proposed herein; FURTHER, Applicants pray that this Court grant such other relief as seems proper in the premises. 4 pages. 20CW3213 THE TH RANCH, LLC (“TH RANCH”), c/o Tim Jordan, Business Manager, P.O. Box 189, Kersey, Colorado 80644, 303.882.3290, c/o David S. Hayes, Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, Colorado 80202, 303.825.1980 APPLICATION FOR CONDITIONAL SURFACE, STORAGE AND GROUND WATER RIGHTS, CHANGE OF WATER RIGHT, REQUEST TO RENEW IRRIGATION OF LANDS PREVIOUSLY REMOVED FROM IRRIGATION, APPROPRIATION OF RETURN FLOWS, AND FOR APPROVAL OF PLAN FOR AUGMENTATION IN WELD COUNTY, COLORADO 2. Introduction: The purpose of this application is to adjudicate water rights for the irrigation of lands on a portion of the TH Ranch property located on the south side of the South Platte River, as more fully described herein. Irrigation will be accomplished using a combination of surface and ground water rights, augmented in part using the Lower Latham share for which a change is claimed herein, together with water available pursuant to the new surface and storage rights claimed herein, and additional supplies that may be obtained and developed in the future. CLAIM FOR CONDITIONAL SURFACE WATER RIGHT 3. Name of structure: TH 17 Ranch River Pump (WDID 0100913). 4. Location: NW1/4 SE1/4 of Section 2, Township 4 North, Range 63 West, 6th P.M., Weld County, Colorado, at UTM coordinates (Zone 13N, NAD83) N: 4465735.6(meters), and E: 550543.8 (meters), as depicted on Exhibit A (attached to the application and available for inspection at the office of the Division 1 Water Court or via Colorado Courts E-filing). 5. Source: South Platte River. 6. Appropriation: A. Date of appropriation: August 17, 2019. B. How appropriation was initiated: By concurrence of intent to appropriate and overt acts in furtherance of such intent, including, for example, installation of the pump and diversion of leased water. C. Date water applied to beneficial use: N/A. 7. Amount: 5,000 gallons per minute (11.14 cubic feet per second), conditional. 8. Use: Direct use, storage and recharge for irrigation, replacement, and augmentation, with the right to make successive uses of the water to extinction. A. Acreage irrigated: Up to approximately 250 acres in the NW1/4 and the S1/2 of Section 2, and the N1/2 and SE1/4 of Section 11, and the W 1/2 of Section 12, all in Township 4 North, Range 63 West, 6th P.M., Weld County, Colorado, as depicted on Exhibit A. CLAIM FOR CONDITIONAL STORAGE WATER RIGHT 9. Name of structure: Helton Reservoir (a/k/a TH 17 Ranch Reservoir, f/k/a Bigfoot Pond, WDID 0103035). 10. Location: NW1/4 NW1/4 of Section 11, Township 4 North, Range 63 West, 6th P.M., Weld County, Colorado, at UTM coordinates (Zone 13N, NAD83) N: 4464912.0 (meters), and E: 549780.0 (meters), as depicted on Exhibit A. 11. Source: South Platte River. 12. Filling structure: The TH 17 Ranch River Pump, as more fully described above. 13. Appropriation: A. Date of appropriation: December 31, 2020. B. How appropriation was initiated: By concurrence of intent to appropriate and overt acts in furtherance of such intent, including, construction of the Reservoir, and the filing of this application. C. Date water applied to beneficial use: N/A. 14. Amount: 99.75 acre-feet, conditional. 15. Use: Irrigation, replacement, and augmentation, by direct release or to recharge, with the right to make successive uses of the water to extinction. A. Acreage irrigated: Up to approximately 250 acres in the NW1/4 and the S1/2 of Section 2, and the N1/2 and SE1/4 of Section 11, and the W 1/2 of Section 12, all in Township 4 North, Range 63 West, 6th P.M., Weld County, Colorado, as depicted on Exhibit A. 16. Description of reservoir: A. Height of dam: 9 feet. B. Length of dam: 4,935 feet. C. Capacity: 99.75 acre-feet. CLAIM FOR CONDITIONAL GROUND WATER RIGHT. 17. Name of structure: TH Ranch River Well, presently constructed under monitoring well permit No. 302195. 18. Location: NE1/4 SW1/4 of Section 2, Township 4 North, Range 63 West, 6th P.M., Weld County, Colorado at UTM coordinates (Zone 13N, NAD83) N: 4465701 (meters), and E: 550518 (meters), as depicted on Exhibit A. 19. Source: Ground water tributary to the South Platte River. The well is constructed to a depth of 52 feet below ground surface.20. Appropriation: A. Date of appropriation: December 31, 2020. B. How appropriation was initiated: By concurrence of intent to appropriate and overt acts in furtherance of such intent, including, construction of the well, and the filing of this application. C. Date water applied to beneficial use: N/A. 21. Amount: 950 g.p.m., conditional. 22. Use: Direct use, storage and

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recharge for irrigation, replacement, and augmentation, with the right to make successive uses of the water to extinction. A. Acreage irrigated: Up to approximately 250 acres in the NW1/4 and the S1/2 of Section 2, and the N1/2 and SE1/4 of Section 11, and the W 1/2 of Section 12, all in Township 4 North, Range 63 West, 6th P.M., Weld County, Colorado, as depicted on Exhibit A. CLAIM FOR CHANGE OF WATER RIGHT AND REQUEST TO RENEW IRRIGATION OF LANDS PREVIOUSLY REMOVED FROM IRRIGATION 23. Subject water right: Applicant owns one (1) share of the Lower Latham Ditch Company (“Company”), evidenced by stock certificate No. 1637 (the “Subject Share”). The Company is a mutual ditch company incorporated and existing pursuant to the laws of the State of Colorado, with a total of 200 shares of issued and outstanding stock. Applicant is presently working with the Company to request and obtain its approval of the changes requested herein, as required by the Company’s bylaws. 24. Name of structure: Lower Latham Ditch. 25. Prior decrees, appropriation dates, amounts, and use: A. Original adjudication: On April 28, 1883, in an original adjudication in Case No. 6009, the District Court for the County of Arapahoe decreed to the Lower Latham Ditch a direct flow right out of the South Platte River of 20.4 cfs with an appropriation date of May 12, 1869 for irrigation purposes. B First enlargement: On April 28, 1883, in an original adjudication in Case No. 6009, the District Court for the County of Arapahoe decreed to the Lower Latham Ditch a direct flow right out of the South Platte River of 35.77 cfs with an appropriation date of December 12, 1874. C. Second enlargement: On April 28, 1883, in an original adjudication in Case No. 6009, the District Court for the County of Arapahoe decreed to the Lower Latham Ditch a direct flow right out of the South Platte River of 97.68 cfs with an appropriation date of November 14, 1877. D. Third enlargement: On April 28, 1883, in an original adjudication in Case No. 6009, the District Court for the County of Arapahoe decreed to the Lower Latham Ditch a direct flow right out of the South Platte River of 133.88 cfs with an appropriation date of October 24, 1881. E. First Drain Ditch of the Lower Latham Ditch Company: On August 2, 1918, in an unnumbered Decree, the District Court for the County of Weld decreed to the Lower Latham Drain Ditch a direct flow right out of the South Platte River of 35.0 cfs with an appropriation date of March 1, 1889. The decreed location of the Lower Latham Drain Ditch is Sections 1 and 2, Township 4 North, and Section 36, Township 5 North, Range 66 West; Section 6, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado. 26. Legal description: The Lower Latham Ditch diverts water from the South Platte River in the NE1/4 of Section 31, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. 27. 28. Source: South Platte River. Description of proposed change: A. Amount changed: Applicant requests a change of the Subject Share. Applicant only seeks to change the uses associated with the historical irrigation of the lands described below, and does not seek to change any portion of the Subject Share historically diverted and used by the Company’s shareholders pursuant to the water delivery functions, operations and historical water allocation practices of the Company. B. Historical Use. The Subject Share was historically used by Applicant’s predecessor in interest to irrigate crops on an average of 24.65 acres of land, as depicted on the map attached to the application as Exhibit B (available for inspection at the office of the Division 1 Water Court or via Colorado Courts E-filing) during the period from 1950 to 2013. Diversion records for this same period are summarized on Exhibit C, attached to the application and available for inspection at the office of the Division 1 Water Court or via Colorado Courts E-filing. Applicant will use a parcel specific analysis to determine historical use of the Subject Share. C. Changes requested: i. Type of use: In addition to the current decreed use, Applicant requests approval of a change of use for the Subject Share to allow for direct use, storage and recharge for irrigation, replacement, and augmentation. ii. Place of use: Use of water for irrigation attributable to Subject Share pursuant to the change claimed herein will occur on up to approximately 250 acres in the NW1/4 and the S1/2 of Section 2, and the N1/2 and SE1/4 of Section 11, and the W 1/2 of Section 12, all in Township 4 North, Range 63 West, 6th P.M., Weld County, Colorado, as depicted on Exhibit A. iii. Manner of diversion; storage, recharge: Diversion of water attributable to the Subject Share shall continue to take place at the existing Lower Latham diversion structure for delivery in the Lower Latham Ditch. Subject to approval and agreement of the Lower Latham Ditch Company, Applicant proposes to return water to the South Platte River, less ditch loss compensation to the Company, via the Company’s Gibbs Return Station, located in the NE 1/4 of the NW 1/4 of Section 28, Township 5 N, Range 65 W, 6th P.M, and/or Powell Return Structure, located in the SW 1/4 of the NW 1/4 of Section 65

23, Township 5N, Range 65W, 6th P.M. The water delivered to the South Platte River, less any assessed transit losses, may then be applied as in-stream replacement credit or re-diverted by Applicant using the TH 17 Ranch River Pump described above, for direct use, storage in the Helton Reservoir, and/or for recharge in the Helton Recharge Structure, located in the NW 1/4, Section 11, Township 4 N, Range 63 W, 6th P.M., as depicted on Exhibit A. The water delivered to the South Platte River may also be rediverted to storage in the Cockcroft Reservoir, as described in Paragraph 36.E, for subsequent release for augmentation and other uses. iv. Reuse, successive use, and disposition: In addition to the uses described above, Applicant claims the right to use, reuse, successively use and dispose of, by exchange, augmentation, or otherwise, to extinction, all water available pursuant to the Subject Share. D. Bylaw Approval: Paragraph 23 of the Lower Latham Ditch Company’s (“LLDC”) Bylaws states that no transfer of shares for uses not historically made shall be permitted by the LLDC except by and upon orders and approval of the Company. Article XXV of the Lower Latham Extension Ditch Company (LLEDC”) states that no transfer of shares for carriage of water not historically carried in the ditch shall be permitted except by and upon orders and approval of the Directors of the LLEDC. Neither the LLDC nor the LLEDC (collectively “Companies”) has yet granted such approvals, but the Companies have agreed to allow this Application to proceed while the Companies review Applicant’s proposed transfer of the Subject Share. Applicant understands that authorization to file this Application does not constitute approval under the Companies’ respective bylaws. Applicant shall not use water attributable to the Subject Share as a replacement supply in any substitute water supply plan, plan for augmentation, exchange, or recharge project until the Applicant has received the necessary approvals from the Companies and otherwise complied with the Companies’ legally applicable requirements and procedures. E. Maintenance of return flows: Historical return flows attributable to the Subject Share returned to the South Platte River. Applicant will maintain historical return flows as necessary, using the Subject Share water made available to Applicant pursuant to the changes requested in this application and/or any other water available to Applicant that is fully consumable or is otherwise lawfully available for such purposes, including the sources described in Paragraph 36, below. F. Dry-up: The land historically irrigated by the Subject Share is subject to a dry-up covenant recorded at Reception No. 4532570 of the Weld County, Colorado real property records. G. Request to renew irrigation of lands: The lands described in Subparagraph 28.C.ii., above, and proposed for irrigation pursuant to the change requested herein were previously irrigated using other shares in the Lower Latham Ditch Company that were changed by the decree entered on August 20, 1996, in Case No. 88CW264(B), District Court, Water Division No. 1, Colorado. Paragraph III.C.4.d.3. (page 18) of said decree provides for such lands to “be permanently removed from irrigation by such rights or by any other interests in the Lower Latham Ditch Company water rights…, unless and until a request to renew irrigation of such lands from such sources is approved pursuant to a separate water rights application.” By this application, Applicant requests approval to renew irrigation of the lands described in Subparagraph 28.C.ii., above, using water from the Subject Share as requested for change herein, and/or pursuant to the other water rights and the plan for augmentation described in this application. The corresponding dry-up of the land historically irrigated by the Subject Share, together with the terms and conditions in any decree entered pursuant to this application will prevent injury to vested water rights and decreed conditional water rights as a result of such reirrigation. CLAIM FOR APPROPRIATION OF RETURN FLOWS 29. Name of structure: Lower Latham Ditch, as more fully described above. 30. Claim to appropriate return flows: Applicant claims the right to retain and use for the changed uses described in Paragraph 28, above, the historical return flow portion of the Subject Share at any time of the year whenever there is no call for water rights below the historical return flow location, or that call is junior to December 31, 2020. 31. Date of appropriation: December 31, 2020, on which date there was a concurrence of intent to appropriate and overt acts in furtherance of such intent, including, without limitation, the filing of this application. 32. Source: South Platte River. 33. Amount: Applicant claims a rate and volume of all return flows associated with the Subject Share to the extent available under this claimed appropriation, conditional. 34. Use: All decreed uses of the Subject Share, as changed pursuant to this application. CLAIM FOR APPROVAL OF PLAN FOR AUGMENTATION. 35. Structures to be augmented: The following are collectively referred to herein as the “Augmented Structures”: A. TH Ranch River Well, as more fully described above. B. Croissant Well No. 3, permitted as No. 15509-R, with 66

a permitted location in the SW1/4 SW1/4 of Section 2 (and an actual location in the SE1/4 SE1/4 of Section 3), Township 4 North, Range 63 West, 6th P.M., and decreed as Well No. 3 in Case No. W-955 (June 11, 1976), District Court, Water Division No. 1, with an appropriation date of March 31, 1954, for irrigation use, in the amount of 1100 g.p.m. 36. Water rights to be used for augmentation: A. Fully consumable water available pursuant to the Subject Share in the Lower Latham Ditch Company, as more fully described above, and as changed by this application, including by accretion to the South Platte River from the Helton Recharge Structure, described in Paragraph 28.C.iii., above, and/or reuse of return flows from irrigation use of the Subject Share. B. Water released from storage in the Helton Reservoir pursuant to the storage right claimed above, or from other sources of water legally stored therein, including by accretion to the South Platte River from the Helton Recharge Structure, described in Paragraph 28.C.iii., above, and/or reuse of return flows from irrigation use of such stored water. C. Water pumped from TH Ranch River Well, as more fully described above, including by accretion to the South Platte River from the Helton Recharge Structure, described in Paragraph 28.C.iii., above, and/or reuse of return flows from irrigation use of such water. D. Water diverted in priority by the TH Ranch 17 River Pump, including by accretions to the South Platte River from the Helton Recharge Structure, described in Paragraph 28.C.iii., above, and/or reuse of return flows from irrigation use of water. E. Water available pursuant to any lease between Applicant and Cockroft Dairy Farm, Lllp, from storage in the Cockroft Pond, located in the SE1/4 SE1/4 of Section 10, Township 5 North, Range 64 West, 6th P.M, as well as fully consumable water delivered to the South Platte River pursuant to the change of the Subject Share, and rediverted to storage in the Cockcroft Pond for subsequent release and use. Cockcroft Pond is the subject of pending application in Case No. 16CW3235. F. Applicant may also acquire and/or lease additional water supplies in the future for use as a source of replacement in the plan for augmentation described herein and/or to maintain historical return flows for the changed Subject Share. Such additional future supplies may be acquired and/or leased to replace or supplement water from the sources identified above. Applicant will add such future acquired sources to the plan for augmentation claimed herein pursuant to C.R.S. § 37-92-305(8)(c). 37. Complete statement of plan for augmentation: Water pumped from the Augmented Structures for irrigation and other uses will result in stream depletions, including delayed depletions, to the South Platte River. Applicant will calculate and replace all net out-of-priority depletions to the South Platte River attributable to the Augmented Structures using one or a combination of the sources identified in Paragraph 36, above. Applicant’s pumping of the Augmented Structures will be limited based on a projection of available augmentation water and recharge accruals, including as necessary for replacement of delayed depletions. Applicant will install measuring devices and will devise accounting forms to record all diversions, depletions and replacements made pursuant to this plan for augmentation as required by the decree entered pursuant to this application and by the Division Engineer. Actual demands and depletions will be based on data and decreed factors included in accounting forms prepared by Applicant for the administration of this plan. This plan for augmentation will allow the operation of the Augmented Structures under the terms and conditions described herein in a manner that will prevent injury to vested water rights and decreed conditional water rights. The water to be provided for augmentation is of a quality and quantity so as to meet the requirements for which the water has been used by senior downstream appropriators, and therefore meets the requirements of § 37-92-305(5), C.R.S. 38. Name(s) and address(es) of owner(s) or reputed owner(s) 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: The TH Ranch 17 River Pump, TH Ranch River Well, and Helton Reservoir are all located on land owned by the Applicant. WHEREFORE, Applicant respectfully requests that the Court enter a judgment and decree that: A. Grants this application; B. Confirms and decrees the conditional surface, storage and ground water rights claimed in Paragraphs 3 through 22, above; C. Approves the change of water right for the Subject Share described in Paragraphs 23 through 28, including the request to renew irrigation of lands set forth in Paragraph 28.G., above; D. Confirms and approves the conditional appropriation of return flows described in Paragraphs 29 through 34, above; E. Approves the plan for augmentation described in Paragraphs 35 through 37, above; F. Finds that the subject change of water right and plan for augmentation will not injuriously affect the owners of or persons entitled to use water under a 67

vested water right or decreed conditional water right; and G. Grants such other relief to Applicant as the Court deems just and proper.

20CW3214 STATE OF COLORADO, ACTING BY AND THROUGH ITS BOARD OF LAND COMMISSIONERS, 1127 Sherman Street, Suite 300, Denver, CO 80203; RANGEVIEW METROPOLITAN DISTRICT, 141 Union Blvd, Suite 150, Lakewood, CO 80228; and PURE CYCLE CORPORATION, 34501 E Quincy Ave, Watkins, CO 80137, CHANGE OF CONDITIONAL WATER RIGHTS AND PLAN FOR AUGMENTATION, IN ARAPAHOE, WELD AND ADAMS COUNTIES. Conditional water rights to be changed: Originally decreed in Consolidated Case Nos. 94CW191, 88CW253, 88CW254, and 87CW033 (the “Consolidated Decree”). Diligence found and conditional rights continued in Case Nos. 08CW313 and 18CW3036. Rangeview East Water System. Location/point of diversion: Box Elder Creek Diversion: the diversion structure will be located in Box Elder Creek at a point located in the SW 1/4 of the SE 1/4 of Section 34, Township 5 South, Range 64 West of the 6th P.M. at a point located approximately 2,600 feet from the east section line and approximately 50 feet from the south section line of said section. Source: Box Elder Creek, tributary to the South Platte River. Appropriation date: October 13, 1986. 250 cfs (conditional) and limited to a maximum of 6,500 acre-feet per year not to exceed 53,900 acre-feet in a 20-year period. The Rangeview West Water System also decreed in the Consolidated Decree is not being changed. OAR Reservoir A. Location: In the W 1/2 and SE 1/4 of Section 26, E 1/2 and SW 1/4 of Section 27, N 1/2 of Section 34, and NW 1/4 of Section 35, all in Township 5 South, Range 65 West of the 6th P.M. in Arapahoe County, Colorado, whence the left abutment of the dam will be approximately located at a point on the west section line of Section 26, Township 5 South, Range 65 West, at a point approximately 600 feet south of the NW corner of said Section 26. Source: Coal Creek, Box Elder Creek, and Denver Basin groundwater described in paragraph 12 of the Consolidated Decree. Appropriation date: June 1984. Amount: Active storage – 6,200 acre-feet. Dead storage – 998 acre-feet (all conditional). OAR Reservoir B. Location: In the S 1/2 and SW 1/4 of Section 11, E 1/2 and the NW 1/4, W 1/2 of the NE 1/4, and SW 1/4 of Section 14, and the E 1/2 of the E 1/2 of Section 15, and the NW 1/4 of Section 23, all in Township 5 South, Range 65 West of the 6th P.M. in Arapahoe County, Colorado and whence the left abutment of the dam will be approximately located at a point on the west section line of Section 11, Township 5 South, Range 65 West, at a point approximately 600 feet north of the southwest corner of said Section 11. Source: Coal Creek, Box Elder Creek, and Denver Basin groundwater described in paragraph 12 of the Consolidated Decree. Appropriation date: June 1984. Amount: Active storage – 10,200 acre-feet. Dead storage – 1,545 acre-feet (all conditional). OAR Reservoir C. Location: In the S 1/2 of Section 19, and the W 1/2 of the NW 1/4 of Section 29, and the N 1/2 of Section 30, all in Township 5 South, Range 64 West of the 6th P.M. and the E 1/2 of the SE 1/4 of Section 24, and the NE 1/4 of the NE 1/4 of Section 25, all in Township 5 South, Range 65 West of the 6th P.M. in Arapahoe County, Colorado and whence the left abutment of the dam will be located at a point on the west section line of Section 30, Township 5 South, Range 64 West of the 6th P.M., at a point approximately 700 feet south of the northwest corner of said Section 30. Source: Coal Creek, Box Elder Creek, and Denver Basin groundwater described in paragraph 12 of the Consolidated Decree. Appropriation date: June 1984. Amount: Active storage – 4,500 acre-feet. Dead storage – 819 acre-feet (all conditional). OAR Reservoir D. Location: In the SW 1/4 of the NW 1/4, and the W 1/2 of the SW 1/4 of Section 36, and the SE 1/4 of the NE 1/4, the SE 1/4, and the S 1/2 of the SW 1/4 of Section 35 in Township 5 South, Range 65 West of the 6th P.M., in Arapahoe County, Colorado, and the N 1/2 of the NW 1/4 of Section 2 in Township 6 South, Range 65 West of the 6th P.M. in Elbert County, Colorado and whence the left abutment of the dam will be approximately located at a point approximately 1,980 feet south of the north and 150 feet east of the west section lines of Section 36, Township 5 South, Range 65 West. Source: Coal Creek, Box Elder Creek, and Denver Basin groundwater described in paragraph 12 of the Consolidated Decree. Appropriation date: June 1984. Amount: Active storage – 4,000 acre-feet. Dead storage – 1,000 acre-feet (all conditional). Point of Diversion for the OAR Reservoirs A, B, C and D (the “OAR Reservoirs”): Box Elder Creek Diversion, described in paragraph 2.1.1.1. Use: Municipal, irrigation, augmentation, domestic, piscatorial, commercial, industrial, recreation and storage, within 68

Applicant’s service area in all or parts of Sections 33 and 34, Township 4 South, Range 65 West of the 6th P.M., Sections 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26, 27, 34, 35, and 36 of Township 5 South, Range 65 West of the 6th P.M, and Sections 7, 8, 9, 10, 15, 16, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33 and 34 of Township 5 South, Range 64 West of the 6th P.M., as shown on Attachment A to the Consolidated Decree and which make up the “Lowry Range,” owned by the Land Board. Proposed changes: Overview. The Land Board owns the Lowry Range, consisting of approximately 24,567.21 acres, more or less, of land formerly owned by the United States in Arapahoe County. Pursuant to the 2014 Amended and Restated Lease Agreement between the State of Colorado, acting by and through the State Board of Land Commissioners, Lessor and Rangeview Metropolitan District, Lessee and Pure Cycle Corporation, Service Provider and Export Water Contractor, Lease No. S-37280, and prior agreements, certain “Water Rights” as defined therein, are leased to Rangeview. Rangeview may serve water users on or off the Lowry Range with any of the leased Water Rights. Rangeview has, in turn, conveyed the right to use a portion of the Water Rights to Pure Cycle, which are specifically permitted and intended for use off the Lowry Range, including up to 1,650 acre-feet per year of yield of the conditional water rights. The decreed places of storage of OAR Reservoirs are as described in paragraphs 2.1.3.1, 2.1.4.1, 2.1.5.1, and 2.1.6.1, and in aquifer storage in the Denver Basin aquifers. The OAR Reservoirs A, C and D conditional water rights will be combined to store their total decreed storage amount of 21,517 acre-feet in one structure, the enlarged and realigned OAR Reservoir C, at the changed location described in paragraph 3.3. The separate OAR Reservoirs A and D structures will not be constructed. The combined OAR Reservoir A, C and D conditional water rights shall be known as the OAR Reservoir C conditional water rights. The conditional water rights for the Rangeview East Water System and OAR Reservoirs are decreed to divert from Box Elder Creek at the Box Elder Creek Diversion described in paragraph 2.1.1.1, being generally where Box Elder Creek crosses the south (upstream) boundary of the Lowry Range, near the Arapahoe/Elbert county line. Water diverted at the Box Elder Creek Diversion may be delivered into a concrete enclosed wet well located in the SE 1/4 of Section 34, Township 5 South, Range 64 West of the 6th P.M. in Arapahoe County, which will facilitate pumping into storage pursuant to the OAR Reservoirs conditional water rights. The new alternate Box Elder Creek points of diversion for the Rangeview East Water System, OAR Reservoir B and enlarged and realigned OAR Reservoir C conditional water rights will be a surface diversion and infiltration galleries or wells within 2,500 feet of the north (downstream) boundary of the Lowry Range, at Quincy Avenue described below. The source for the infiltration galleries or wells is groundwater tributary to Box Elder Creek. The Coal Creek point of diversion for the OAR Reservoirs will not be changed. A new alternate place of storage for OAR Reservoir B and the enlarged and realigned OAR Reservoir C conditional water rights will be the Lowry Ridge Storage Pond described below that also facilitates delivery from the new alternate Box Elder Creek surface point of diversion into OAR Reservoirs B or C or to the Sky Ranch Water Treatment Facility, described below. The OAR Reservoir B and enlarged and realigned OAR Reservoir C will be additional alternate places of storage for the OAR Reservoirs conditional water rights to allow water stored in one reservoir to be delivered into storage in the other reservoir. The decreed place of use described in paragraph 2.3 is within the Lowry Range. The place of use will be changed to include use on or off the Lowry Range throughout Rangeview’s planned service area, described below. Outside the Lowry Range, Rangeview currently serves users at the Arapahoe County fairgrounds and the Sky Ranch Development, described below. New alternate points of diversion for the Rangeview East Water System, OAR Reservoir B and enlarged and realigned OAR Reservoir C conditional water rights: a surface diversion from Box Elder Creek and four infiltration galleries/horizontal wells located in the NE 1/4 of Section 9, Township 5 South, Range 64 West, 6th P.M., Arapahoe County shown on Exhibit B attached to this application and as follows: Rangeview Quincy Avenue diversion: NE 1/4, Section 9, Township 5S, Range 64 West, 6th P.M. off Box Elder Creek within 2,500 feet of E. Quincy Avenue on the south side. Rangeview Well No. 1: Within 200 feet of UTM coordinates NAD83, Zone 13, Easting: 538481.0, Northing: 4387410.0. Well No. 2: Within 200 feet of UTM coordinates NAD83, Zone 13, Easting: 538514.0, Northing: 4387303.0. Rangeview Well No. 3: Within 200 feet of UTM coordinates NAD83, Zone 13, Easting: 538422.0, Northing: 4387135.0. Rangeview Well No. 4: Within 200 feet of UTM coordinates NAD83, Zone 13, Easting: 538382.0, Northing: 4387041.0. New place of storage for OAR 69

Reservoirs A, C and D Conditional Water Rights: Enlarged and realigned OAR Reservoir C, located in Sections 29, 32 and the E 1/2 of Section 30, Township 5 South, Range 64 West of the 6th P.M., Arapahoe County, whence the left abutment of the dam will be located at a point approximately 550 feet northwest of the SE corner of Section 30 and as shown on Exhibit A attached to this application. New alternate place of storage: The Rangeview Quincy Avenue diversion will deliver water through a concrete enclosed wet well located in the NE 1/4 of Section 9, Township 5S, Range 64 West, 6th P.M., Arapahoe County, to OAR Reservoirs B or C or to the 130 acre-foot Lowry Ridge Storage Pond located in the NW 1/4 of Section 8, Township 5S, Range 64 West, 6th P.M., Arapahoe County, UTM coordinates NAD83, Zone:13, Easting: 535667.0, Northing: 4387488.0 as shown on Exhibit A and Exhibit B, both attached to this application. The Lowry Ridge Storage Pond will store and regulate flows or be used to blend the diverted Box Elder Creek water with other sources, prior to delivery into OAR Reservoirs B or C or to the Sky Ranch Water Treatment Facility, which will be located adjacent to the Lowry Ridge Storage Pond in Section 8, Township 5S, Range 64 West of the 6th P.M., shown on Exhibits A and B attached to this application. New places of use, in addition to use on the Lowry Range: Rangeview’s current service off the Lowry Range is provided to the Arapahoe County fairgrounds, located in the N 1/2 of Section 8 and all of Tract 4 of Arapahoe Park Subdivision Filing No. 1 in Section 8, Township 5 South, Range 65 West of the 6th P.M., Arapahoe County, and Sky Ranch, a development of approximately 931 acres located in the W1/2 of Section 3, the SE1/4 of Section 4, the E1/2 and NW1/4 of Section 10, Township 4 South, Range 65 West, 6th P.M., Arapahoe County, as shown on the attached Exhibit A. The existing point of diversion on Box Elder Creek will be retained as an alternate point of diversion that may be used to divert a portion of high flows, with the balance diverted at the new alternate points of diversion. Combined diversions by the original and new Box Elder Creek alternate points of diversion for the Rangeview East Water System and OAR Reservoirs conditional water rights will not exceed 250 cfs. The proposed changes will not cause injury and will not enlarge the contemplated draft of the conditional water rights. Structures to be augmented: Surface diversion and infiltration galleries/wells described in paragraph 3.2. Previously decreed points of diversion of the Rangeview East Water System and OAR Reservoirs described in paragraph 2.1.1.1. Depletions from the infiltration galleries/wells described in paragraph 3.2 will occur to Box Elder Creek in the SE 1/4, Section 1, Township 1 South, Range 65 West, 6th P.M., Adams County. Sources of augmentation water: Lost Creek ground water rights: Well permit 31528-FP, located in the NE1/4NE1/4, Section 22, Township 1 North, Range 63 West, 6th P.M., Weld County. Well permit 7244-RFP, located in the SW1/4NE1/4, Section 22, Township 1 North, Range 63 West, 6th P.M., Weld County. Nontributary Laramie-Fox Hills groundwater and not nontributary Arapahoe groundwater underlying the Lost Creek farm described in paragraph 6.1.4, under determinations 1155-BD and 1156-BD. Rangeview has applied to the Colorado Ground Water Commission to change the use of its Lost Creek ground water rights identified in paragraphs 6.1.1 and 6.1.2 to allow among other uses augmentation of water rights and structures supplying Rangeview’s and Pure Cycle’s uses and will be applying for export approval. The rights described in paragraphs 6.1.1 and 6.1.2 historically irrigated approximately 230 acres located in the S1/2 of Section 14, Township 1 North, Range 63 West, 6th P.M., Weld County. Upon approval, the water will be delivered from the wells by pipeline to Box Elder Creek within one of two stream reaches of Box Elder Creek, described as follows and on the attached Exhibit C: Upper Weld County Delivery Stream Reach. Upper terminus located at UTM coordinates NAD83, Zone 13, Easting: 533668.0, Northing: 4427898.2, also described as a point located in the SE 1/4, SE 1/4 of Section 36, Township 1 North, Range 65 West, at a point located approximately 36 feet north of the south section line and 690 feet of the west of the east section line of said section. Lower terminus located at UTM coordinates NAD83, Zone 13, Easting: 534666.0, Northing: 4434337.0, also described as a point located in the NW 1/4 , NE 1/4 of Section 18, Township 1 North, Range 64 West at a point approximately 5 feet south of the north section line and 2,578 feet west of the east section line of said section. Lower Weld County Delivery Stream Reach: Upper terminus located at UTM coordinates NAD83, Zone 13, Easting: 532595.5, Northing: 4442338.7 m, also described as a point located in the NW 1/4, NW 1/4 of Section 24, Township 2 North, Range 65 West, at a point located approximately 127 feet south of the north section line and 1166 feet east of the west section line of said section. Lower terminus located at UTM coordinates NAD83, Zone 13, Easting: 533167.9, 70

Northing: 4444187.2, also described as a point located in the SW 1/4 , SE 1/4 of Section 12, Township 2 North, Range 65 West at a point approximately 648 feet north of the south section line and 2,125 feet west of the east section line of said section. The following nontributary and not nontributary ground water underlying the Lowry Range: nontributary Arapahoe aquifer groundwater decreed in Case No. 83CW330; nontributary Denver, Arapahoe and Laramie-Fox Hills aquifer groundwater and not nontributary Denver aquifer groundwater decreed in Case No. 83CW373 for which a Denver aquifer augmentation plan was decreed in Case No. 94CW48; nontributary Arapahoe and Laramie-Fox Hills aquifer groundwater decreed in 89CW164; changes to the decrees in Case Nos. 83CW330 and 83CW373 decreed in Case No. 94CW49; not nontributary Dawson aquifer groundwater decreed in Case No. 89CW48. The location of release to Box Elder Creek from within the Lowry Range, is more specifically described as within Sections 9, 10, 15, 22, 27 and 34, Township 5 South, Range 64 West, 6th P.M. The following nontributary and not nontributary ground water underlying the Sky Ranch: nontributary Arapahoe and Laramie-Fox Hills aquifer groundwater and not nontributary Denver aquifer groundwater decreed in Case No. 85CW157; nontributary Upper Arapahoe, Lower Arapahoe and Laramie-Fox Hills aquifer groundwater and not nontributary Denver aquifer groundwater decreed in Case No. 04CW249; amendment of the decrees in Case Nos. 85CW157 and 04CW249 and Denver aquifer augmentation plan was decreed in Case No. 14CW3083. The location of release to Box Elder Creek is in the SE 1/4 of Section 5 or NE 1/4 of Section 8, Township 4S, Range 64 West of the 6th P.M., Arapahoe County, Colorado. WISE Project water: Rangeview is entitled to an average of 900 acre-feet per year of WISE Project deliveries. The WISE Project is a contractual agreement by Aurora Water and Denver Water to provide permanent, renewable, reusable treated water to participating members of the South Metro WISE Authority, including Rangeview. The delivery obligation is defined in the “Amended and Restated WISE Partnership – Water Delivery Agreement Between Denver Water, the City of Aurora, acting by and through its Utility Enterprise, and the South Metro WISE Authority.” Water deliveries to the South Metro WISE Authority are allocated to its participating members, including Rangeview, by the “South Metro WISE Authority Formation and Organizational Intergovernmental Agreement.” WISE Project water is treated water; augmentation of WISE Project water may be following storage in OAR Reservoirs B or C or through reuse/disposition of return flow following its initial uses, as described in paragraph 6.6. Rangeview East Water System, OAR Reservoirs described above. The location of release to Box Elder Creek: NE 1/4 of Section 9, Township 5 South, Range 64 West of the 6th P.M., 2,500 feet south of E. Quincy Avenue. Return flow from prior use of the above sources, either by direct discharge following wastewater treatment or after effluent storage, including but not limited to in the Sky Ranch Ponds located in the NE 1/4 of Section 10, Township 4S, Range 65 West, 6th P.M., Arapahoe County as shown on the attached Exhibit C, will be discharged to Box Elder Creek at the Sky Ranch Box Elder Creek Delivery Point in the SE 1/4 of Section 5, Township 4S, Range 64 West of the 6th P.M., Arapahoe County, Colorado, or to Coyote Run, tributary of Box Elder Creek, at the Sky Ranch Coyote Run Delivery Point, in the SE 1/4 of Section 1, Township 4S, Range 65 West of the 6th P.M., Arapahoe County, Colorado as shown on the attached Exhibit C. Additional augmentation sources may be added pursuant to § 37-92- 305(8)(c), C.R.S. Statement of plan for augmentation: The timing and amount of injurious out-of-priority depletions will be determined and replaced from the above-described sources. Replacement with the Lost Creek ground water rights may be made to the extent injury will be prevented, while local replacement may also be made. “Local replacement” means replacement to Box Elder Creek or Coyote Run, tributary of Box Elder Creek, from sources identified in paragraphs 6.2 through 6.6, or sources added to the plan capable of discharge to Box Elder Creek in a similar location. Surface flow in Box Elder Creek frequently occurs at the original and/or new points of diversion at times when the stream dries up downstream. Surface diversions can be administered in the priority system, and may be made without augmentation when in priority or when conditions otherwise allow. Ground water diversions at the four infiltration galleries/horizontal wells will result in lagged depletions, which will be replaced so as to prevent injury. The distance between the locations of the infiltration galleries/wells described in paragraph 3.2 and the point of depletion on Box Elder Creek is approximately 31.0 river miles, which results in a long lag time between the time of pumping and the time of depletion. Additional documents filed with the application: Maps of Lowry Range, Sky Ranch Development, Arapahoe County fairgrounds and facilities and locations 71

of augmentation delivery and point of depletion. The name and address of the owner or reputed owner 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: Applicants. Wherefore, Applicants request the court approve the above described changes of their conditional water rights and plan for augmentation, and for such other and further relief as is warranted. 11 Pages.

20CW3215 APPLICATION FOR CONDITIONAL SURFACE WATER RIGHTS AND WATER STORAGE RIGHTS IN ADAMS, ARAPAHOE, BOULDER, MORGAN, WASHINGTON, AND WELD COUNTIES 1. Name, Address, and Telephone Number of Applicants. BENNT CREEK REGIONAL WATER AUTHORITY (THE “AUTHORITY”) c/o Blair Dickhoner, Esq. White Bear Ankele Tanaka & Waldron 2154 East Commons Avenue, Suite 2000 Centennial, Colorado 80122 Phone: 303-858-1800 E-mail: [email protected] and SP REGIONAL WATER COMPANY, LLC (“SPCO,” AND TOGETHER WITH THE AUTHORITY, THE “APPLICANTS”) 10450 East 159th Court Brighton, Colorado 80602 Telephone No.: 303-659-1400. Please send all Pleadings to Wayne F. Forman and Michael P. Smith at Brownstein Hyatt Farber Schreck, LLP 410 Seventeenth Street, Suite 2200 Denver, Colorado 80202-4437 Phone: 303-223-1100 E-mail: [email protected]; [email protected] 2. Purpose of Application. In alignment with the Colorado Water Plan’s intent of enhancing intergovernmental collaboration and developing efficient regional water supply projects, Applicants seek to collaborate to enable the Authority members—currently the Town of Bennett (“Bennett”) and Todd Creek Village Metropolitan District (“Todd Creek”)—to develop a regional water project (the “Water Project”) to increase their renewable water supplies to serve their current and future residents and customers, and for SPCo to supply industrial and agricultural water within and outside the members’ current and future service areas until all of the subject appropriations are needed and acquired for municipal purposes by the Authority members. The Town of Bennett is currently reliant upon nonrenewable Denver Basin groundwater and the Water Project is critical to the Town’s development of a renewable water supply. Todd Creek has been in discussions with Northern Front Range water suppliers and municipalities and anticipates expanding its service area to supply water to additional areas within Adams and Weld counties. Applicants contemplate that SPCo will be primarily responsible for financing, designing, constructing and, through a subsidiary, operating the Water Project to allow the exercise of the subject appropriations. The funding for the Water Project will be obtained from the Authority members as well as from private lenders. It is anticipated that the Water Project will be constructed in phases to correspond with the increasing demands of the Authority members. This is particularly beneficial to the members, who are modest-sized governmental entities with limited financial ability to fund initially all of the major water infrastructure required to provide renewable supplies for current demand and future growth. The members’ collaboration with each other, and with SPCo, will allow the members to participate in this regional Water Project while initially funding only a portion of the overall project costs. The members will then pay for the Water Project over time and will have an opportunity in the future to secure additional capacities in the water infrastructure as their growth projections warrant. Applicants seek to adjudicate conditional surface water rights and storage water rights with the goal of maximizing the yield of junior priority water rights through additional storage capacity, efficient infrastructure, and integration with the Applicants’ existing infrastructure and water rights. The overall concept of the Water Project is to divert junior priority water for direct use and/or storage in several reservoirs to be constructed over time. Water stored in up-system reservoirs may be piped to reservoirs further down in the system to coordinate reservoir operations with water demands. Water stored in Bennett Reservoir and Mann Lakes Reservoir may be moved between reservoirs via a bi-directional pipeline to maximize drought resiliency. The components of this application are: (1) diversion of water from the South Platte River in Morgan County for delivery via pipeline for direct use and storage; (2) delivery of South Platte River water via pumps and pipelines into storage in GB-1 Reservoir, which will be either a surface reservoir or a surface and underground porosity reservoir, and in Beaver Creek Surface Reservoir, Sand Arroyo Reservoir, Bennett Reservoir, and Mann Lakes Reservoir, four surface reservoirs; (3) delivery of

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South Platte River water via pumps and pipelines into storage in the Beaver Creek Porosity Reservoir, an underground storage reservoir; and (4) the release of diverted water back into the South Platte River in Adams County for use and subsequent re-diversion at downstream surface diversions TCVS-01, TCVS-02, and WSP-1 through -11 to be used for direct flow purposes and storage in the to-be-constructed Signal Reservoir Nos. 3 and 4 and Todd Creek’s existing storage structures, which include Mann Lakes Reservoir, J.B. Smith Reservoir, and Signal Reservoir Nos. 1 and 2. A general overview of the Water Project is depicted on Exhibit A and an operational schematic is included on Exhibit B. 3. Claim for Conditional Surface Water Rights. 3.1 Names of Structures: SP Diversions. 3.1.1 Legal Description: Applicants will construct one or more alternate points of diversion to be located on the east bank of the South Platte River in Section 24 and/or Section 13, T.5N., R.55W., of the 6th P.M. in Morgan County, Colorado The map attached hereto as Exhibit C depicts the reach within the above-described sections where the diversion structures are proposed to be constructed. The specific locations of the structures will be chosen upon a more detailed assessment of hydrology and geomorphology. 3.1.2Source: South Platte River. 3.1.3 Date of Appropriation: December 31, 2020. 3.1.4 How Appropriation Was Initiated: By the formation of an intent to appropriate, together with overt acts manifesting that intent including but not limited to conducting site investigations, negotiating with the owners of the described points of diversion, studying the feasibility of the Water Project, forming the Authority, entering into the co-applicant agreement, negotiating and drafting agreements to construct and finance the water infrastructure necessary to put the subject water rights to beneficial use, and the filing of this application. 3.1.5 Dated Applied to Beneficial Use: N/A – Conditional Right. 3.1.6 Amount Claimed: 200 c.f.s. cumulative, conditional, to be diverted at the SP Diversions described in Paragraph 3.1.1 as alternate points of diversion. Applicants will provide exact descriptions of the points of diversion in subsequent applications for diligence or to make the right absolute. 3.1.7 Uses: All municipal purposes, including without limitation water treatment, treated water storage, domestic uses, fire protection, irrigation, commercial and industrial uses, recreational purposes, drought protection purposes, and fish and wildlife propagation, agricultural uses (including but not limited to livestock watering), industrial uses for mineral development, storage, and exchange and augmentation purposes, for use, reuse, and successive use until extinction. The location of use will be any area capable of being served by these diversion and storage points or any area within the existing or future service areas of Authority members located in Adams, Arapahoe, and Weld counties and any area in which Authority members contract to provide treated or raw water service, including but not limited to Adams, Arapahoe, Boulder, Morgan, and Weld counties. These uses will be made: (1) by direct use following diversion at the SP Diversions described in Paragraph 3.1.1 and delivery by pipeline to Bennett (via Bennett Reservoir) or to points of re-diversion described in Paragraph 3.1.7.2; (2) after storage, including successive storage, in the new reservoirs described below in Paragraphs 4 and 5 and/or the existing Mann Lakes, J.B. Smith, and Signal Reservoir Nos. 1 and 2 described below (which, other than direct delivery into Mann Lakes, will be accomplished by release into and re-diversion from the South Platte River at the locations described in Paragraphs 3.1.7.1 and 3.1.7.2); or (3) after storage in Mann Lakes Reservoir and delivery via pipeline to the Town of Bennett (via Bennett Reservoir). 3.1.7.1 Release Points: 3.1.7.1.1 BennT Creek Release Point: A point in the SE1/4 of the NE1/4 of Section 34, T.1S., R.67W., of the 6th P.M., 2,187 feet from the North Section Line and 510 feet from the East Section Line of said Section 34, in Adams County, Colorado, as shown in Exhibits D and E. 3.1.7.1.2 Mann Lakes Reservoir: Mann Lakes is located in Section 34 and the SE1/4 of Section 33, all in Township 1 South, Range 67 West of the 6th P.M., in Adams County, Colorado. The outlet for Mann Lakes is located in SE1/4 of the NE1/4 of Section 34, Township 1 South, Range 67 West of the 6th P.M. at a point approximately 2,392 feet from the North Section line and 1,049 feet from the East Section line of said Section 34 as shown in Exhibits D and E. 3.1.7.2 Downstream Re-Diversion Points (see Exhibit E): 3.1.7.2.1 TCVS-01: A point in the NE1/4 of the SE1/4 of Section 1, Township 1 South, Range 67 West, of the 6th P.M., 1,704 feet from the South Section Line and 496 feet from the East Section Line of said Section 1, in Adams County, Colorado. 3.1.7.2.2 TCVS-02: A point in the NE1/4 of the SE1/4 of Section 1, Township1 South, Range 67 West, of the 6th P.M., 1,802 feet from the South Section Line and 471 ft from the East Section Line of said Section 1, in Adams County, Colorado. 3.1.7.2.3 WSP-1: A point in the SW1/4 of the SW1/4 of Section 19, T.1N., R.66W., of the 6th P.M., 85 feet 73

from the South Section Line and 1,118 feet from the West Section Line of said Section 19, in Weld County, Colorado. 3.1.7.2.4 WSP-2: A point in the SE1/4 of the SW1/4 of Section 30, T.1N., R.66W., of the 6th P.M., 592 feet from the South Section Line and 1,875 feet from the West Section Line of said Section 30, in Weld County, Colorado. 3.1.7.2.5 WSP-3: A point in the NE1/4 of the NW1/4 of Section 31, T.1N., R.66W., of the 6th P.M., 723 feet from the North Section Line and 1,886 feet from the West Section Line of said Section 31, in Weld County, Colorado. 3.1.7.2.6 WSP-4: A point in the SE1/4 of the NW1/4 of Section 31, T.1N., R.66W., of the 6th P.M., 1,979 feet from the North Section Line and 2,021 feet from the West Section Line of said Section 31, in Weld County, Colorado. 3.1.7.2.7 WSP-5: A point in the NE1/4 of the SE1/4 of Section 1, T.1S., R.67W., of the 6th P.M., 1,754 feet from the South Section Line and 560 feet from the East Section Line of said Section 1, in Adams County, Colorado. 3.1.7.2.8 WSP-6: A point in the SW1/4 of the NW1/4 of Section 12, T.1S., R.67W., of the 6th P.M., 2,535 feet from the North Section Line and 1,005 feet from the West Section Line of said Section 12, in Adams County, Colorado. 3.1.7.2.9 WSP-7: A point in the NW1/4 of the SW1/4 of Section 12, T.1S., R.67W., of the 6th P.M., 1,420 feet from the South Section Line and 135 feet from the West Section Line of said Section 12, in Adams County, Colorado. 3.1.7.2.10 WSP-8: A point in the NE1/4 of the SW1/4 of Section 23, T.1S., R.67W., of the 6th P.M., 1,760 feet from the South Section Line and 1,634 feet from the West Section Line of said Section 23, in Adams County, Colorado. 3.1.7.2.11 WSP-9: A point in the NE1/4 of the SW1/4 of Section 23, T.1S., R.67W., of the 6th P.M., 1,544 feet from the South Section Line and 1,557 feet from the West Section Line of said Section 23, in Adams County, Colorado. 3.1.7.2.12 WSP-10: A point in the NE1/4 of the SW1/4 of Section 23, T.1S., R.67W., of the 6th P.M., 1,457 feet from the South Section Line and 1,780 feet from the West Section Line of said Section 23, in Adams County, Colorado. 3.1.7.2.13 WSP- 11: A point in the SW1/4 of the SW1/4 of Section 23, T.1S., R.67W., of the 6th P.M., 50 feet from the South Section Line and 1,310 feet from the West Section Line of said Section 23, in Adams County, Colorado. 3.1.7.3 Places of Subsequent Storage after Re-Diversion (see Exhibit E): 3.1.7.3.1 J.B. Smith Reservoir: The center of the dam is located in the NE1/4 SW1/4 of Section 9, T.1S., R.67W., 6th P.M., Adams County, Colorado, 1,559 feet from the South Section line and 2,584 feet from the West Section line of said Section 9, in Adams County, Colorado. 3.1.7.3.2 Signal Reservoir No. 1: The center of the dam is located in the NE1/4 NW1/4 Section 4, T.1S., R.67W., 6th P.M., Adams County, Colorado, 565 feet from the North Section line and 1,474 feet from the West Section line of said Section 4, , in Adams County, Colorado. 3.1.7.3.3 Signal Reservoir No. 2: The center of the dam is located in the SW1/4 NE1/4 Section 4, T.1S., R.67W., 6th P.M., Adams County, Colorado, 1,493 feet from the North Section line and 2,190 feet from the East Section line of said Section 4, in Adams County, Colorado. 3.1.7.3.4 Signal Reservoir No. 3: The centroid of the reservoir is located at a point in the SE1/4 of the NE1/4 of Section 4, T.1S., R.67W., of the 6th P.M., 1,238 feet from the North Section Line and 1,179 feet from the East Section Line of said Section 4, in Adams County, Colorado. 3.1.7.3.5 Signal Reservoir No. 4: The centroid of the reservoir is located at a point in the NE1/4 of the SW1/4 of Section 34, T.1N., R.67W., of the 6th P.M., 1,395 feet from the South Section Line and 2,483 feet from the West Section Line of said Section 34, in Weld County, Colorado. 4. Claim for Conditional Storage Rights. 4.1 GB-1 Reservoir 4.1.1 Location: An off-channel, excavated and lined surface reservoir, or an off-channel, excavated and lined surface reservoir and porosity storage reservoir, the centroid of which is located at a point in the SE1/4 of the SE1/4 of Section 13, T.5N., R.55W., of the 6th P.M., 913 feet from the South Section Line and 371 feet from the East Section Line of said Section 13, in Morgan and Washington Counties, Colorado. See map attached as Exhibit F. 4.1.2 Points of Diversion: The SP Diversions, described in Paragraph 3.1.1 above. 4.1.3 Source: Surface flows in the South Platte River through the SP Diversions surface intakes. The maximum rates of diversion through these structures to storage and for direct flow combined are described in Paragraph 3.1.6. 4.1.4 Date of Appropriation: December 31, 2020. 4.1.5 How Appropriation was Initiated: See Paragraph 3.1.4. 4.1.6 Dated Applied to Beneficial Use: N/A – Conditional Right. 4.1.7 Amount Claimed: 9,520 acre-feet, subject to the actual site-specific storage space available but not to exceed 130% of this claimed amount, conditional, with a right to successively refill. 4.1.8 Uses: See Paragraph 3.1.7. These uses will be made: (1) after storage; (2) after storage and delivery via pumps and pipeline to Beaver Creek Surface Reservoir, Sand Arroyo Reservoir, Bennett Reservoir, Mann Lakes Reservoir, or Beaver Creek 74

Porosity Reservoir as described in Paragraphs 4 and 5 for subsequent use; or (3) after storage and release to the South Platte River at the points specified in Paragraph 3.1.7.1, and re-diversion at the points specified in Paragraph 3.1.7.2 for use or for subsequent storage in the structures specified in Paragraph 3.1.7.3. 4.1.9 Surface Area of High Water Line: Approximately 560 acres. 4.1.10 Dam Height: N/A – Excavated Reservoir. 4.1.11 Length of Dam: N/A – Excavated Reservoir. 4.1.12 Total Capacity: 9,520 acre-feet, up to a maximum of 12,376 acre-feet. 4.1.13 Remarks: The GB-1 Reservoir will consist of either surface storage or surface and porosity storage to be located on approximately 560 acres. If the GB-1 Reservoir utilizes porosity storage, it will be located in alluvial aquifer material of depths averaging approximately 85 feet, surrounded by a man-made impermeable barrier keyed to bedrock. The impermeable barrier will encompass the entirety of the GB-1 Reservoir. Applicants will fill the underground storage reservoir by artificial means with water diverted under the subject appropriations, as well as other water to which the Applicants acquire rights. Applicants do not claim the groundwater in situ prior to installation of the impermeable barrier, which will be quantified and delivered to the river in time, location, and amount through direct discharge, after consultation with and approval of the Division Engineer. Applicants will remove water from storage in the GB-1 Reservoir via dewatering wells located inside the perimeter of the impermeable barrier and connected to one or more pipelines that release water to other structures or to the South Platte River, as described in this application. None of the de-watering wells have been constructed and Applicants have not yet filed well permit applications for any of the wells at this time. None of the wells will be located in a designated basin, will divert non-tributary water, or will be required to be permitted pursuant to C.R.S. § 37-90-137(4). The current configuration depicted on Exhibit F is based upon currently-available data and mapping and is subject to change. Applicants reserve the right to enlarge the storage structure based on additional data and surveys. 4.2 Beaver Creek Surface Reservoir 4.2.1 Location: An off-channel, excavated and lined reservoir, the centroid of which is located at a point in SE1/4 of the NE1/4 of Section 16, T.2N., R.56W., of the 6th P.M., 2,290 feet from the North Section Line, 936 feet from the East Section Line of said Section 16, in Morgan County, Colorado. See map attached as Exhibit G. 4.2.2 Points of Diversion: The SP Diversions, described in Paragraph 3.1.1 above. 4.2.3 Source: Surface flows in the South Platte River through the SP Diversions surface intakes, delivered via pump and pipeline. The maximum rates of diversion through these structures to storage and for direct flow combined are described in Paragraph 3.1.6. 4.2.4 Date of Appropriation: December 31, 2020. 4.2.5 How Appropriation was Initiated: See Paragraph 3.1.4. 4.2.6 Dated Applied to Beneficial Use: N/A – Conditional Right. 4.2.7 Amount Claimed: 80,900 acre-feet, subject to the actual site-specific storage space available but not to exceed 130% of this claimed amount, conditional, with a right to refill. 4.2.8 Uses: See Paragraph 3.1.7. These uses will be made: (1) after storage; (2) after storage and delivery via pumps and pipeline to Sand Arroyo Reservoir, Bennett Reservoir, Mann Lakes Reservoir, or Beaver Creek Porosity Reservoir as described in Paragraphs 4 and 5 for subsequent use; or (3) after storage and release to the South Platte River at the points specified in Paragraph 3.1.7.1, and re-diversion at the points specified in Paragraph 3.1.7.2 for use or for subsequent storage in the structures specified in Paragraph 3.1.7.3. 4.2.9 Surface Area of High Water Line: Approximately 1,000 acres. 4.2.10 Dam Height: N/A – Excavated Reservoir. 4.2.11 Length of Dam: N/A – Excavated Reservoir. 4.2.12 Total Capacity: 80,900 acre-feet, up to a maximum of 105,170 acre-feet. 4.2.13 Remarks: Water may also be delivered to and stored in Beaver Creek Surface Reservoir after release from storage in the structures described in Paragraphs 4.1 and 5.1. 4.3 Sand Arroyo Reservoir 4.3.1 Location: An on-channel reservoir, of which the center of the dam is located at a point in the SE1/4 of the NW1/4 Section 16, T.1.N., R.58W., of the 6th P.M., 1,809 feet from the North Section Line, 1,905 feet from the West Section Line, of said Section 16, in Morgan County, Colorado. See Exhibit H. 4.3.2 Points of Diversion: The SP Diversions, described in Paragraph 3.1.1 above. 4.3.3 Source: Surface flows in the South Platte River through the SP Diversions surface intakes, delivered via pump and pipeline, and native tributary inflow. The maximum rates of diversion through the SP Diversions to storage and for direct flow combined are described in Paragraph 3.1.6. 4.3.4 Date of Appropriation: December 31, 2020. 4.3.5 How Appropriation was initiated: See Paragraph 3.1.4. 4.3.6 Dated Applied to Beneficial Use: N/A – Conditional Right. 4.3.7 Amount Claimed: 22,400 acre-feet, conditional, with a right to refill. 4.3.8 Uses: See Paragraph 3.1.7. These uses will be made: (1) after 75

storage, (2) after storage and delivery via pumps and pipeline to Bennett Reservoir and Mann Lakes Reservoir, as described in Paragraph 4 for subsequent use; or (3) after storage and release to the South Platte River at the points specified in Paragraph 3.1.7.1, and re-diversion at the points specified in Paragraph 3.1.7.2 for use or for subsequent storage in the structures specified in Paragraph 3.1.7.3. 4.3.9 Surface Area of High Water Line: Approximately 411 acres. 4.3.10 Dam Height: Approximately 51 feet. 4.3.11 Length of Dam: Approximately 3,800 feet. 4.3.12 Total Capacity: 22,400 acre-feet. 4.3.13 Remarks: Water may also be delivered to and stored in Sand Arroyo Reservoir after release from storage in the structures described in Paragraphs 4.1 – 4.2 and 5.1. 4.4 Bennett Reservoir 4.4.1 Location: An off-channel, excavated and lined reservoir, the centroid of which is located at a point in the SW1/4 of the SW1/4 Section 36, T.1.S., R.63W., of the 6th P.M., 513 feet from the South Section Line, 1,245 feet from the West Section Line, of said Section 36, in Adams County, Colorado. See Exhibit I. 4.4.2 Points of Diversion: The SP Diversions, described in Paragraph 3.1.1 above. 4.4.3 Source: Surface flows in the South Platte River through the SP Diversions surface intakes, delivered via pump and pipeline directly to Bennett Reservoir. The maximum rates of diversion through these structures to storage and for direct flow combined are described in Paragraph 3.1.6. 4.4.4 Date of Appropriation: December 31, 2020. 4.4.5 How Appropriation was initiated: See Paragraph 3.1.4. 4.4.6 Dated Applied to Beneficial Use: N/A – Conditional Right. 4.4.7 Amount Claimed: 300 acre-feet, conditional, with a right to successively refill. 4.4.8 Uses: See Paragraph 3.1.7. These uses will be made: (1) after storage in Bennett Reservoir; or (2) after storage and delivery via pumps and pipeline to Mann Lakes Reservoir, as described in Paragraph 4 for subsequent use. 4.4.9 Surface Area of High Water Line: Approximately 20 acres. 4.4.10 Dam Height: N/A – Excavated Reservoir. 4.4.11 Length of Dam: N/A – Excavated Reservoir. 4.4.12 Total Capacity: 300 acre-feet. 4.4.13 Remarks: Water may also be delivered to and stored in Bennett Reservoir after release from storage in the structures described in Paragraphs 4.1 – 4.3, 4.7, and 5.1. 4.5 Signal Reservoir No. 3 4.5.1 Location: An off-channel, excavated and lined reservoir, the centroid of which is located at a point in the SE1/4 of the NE1/4 of Section 4, T.1S., R.67W., of the 6th P.M., 1,238 feet from the North Section Line and 1,179 feet from the East Section Line of said Section 4, in Adams County, Colorado. See Exhibit E. 4.5.2 Points of Diversion: 4.5.2.1 SP Diversions: As described in Paragraph 3.1.1 and at the rates specified in Paragraph 3.1.6. 4.5.2.2 TCVS-01 and TCVS-02: As described in Paragraphs 3.1.7.2.1 and 3.1.7.2.2 at a maximum rate of diversion of 80 c.f.s., cumulative. 4.5.2.3 WSP-1 and WSP-4: As described in Paragraphs 3.1.7.2.3 and 3.1.7.2.6 at a maximum rate of diversion of 40 c.f.s. each and 80 c.f.s., cumulative, as alternate points of diversion. 4.5.3 Source: Surface flows in the South Platte River through the SP Diversions surface intakes, delivered via pump and pipeline to the South Platte River at the release points specified in Paragraph 3.1.7.1 and re-diverted at TCVS-01, TCVS-02, WSP-1, and WSP-4 described in Paragraphs 3.1.7.2.1-3.1.7.3 and 3.1.7.2.6. The maximum rates of diversion through these structures to storage and for direct flow combined are described in Paragraph 4.5.2. 4.5.4 Date of Appropriation: December 31, 2020. 4.5.5 How Appropriation was initiated: See Paragraph 3.1.4. 4.5.6 Dated Applied to Beneficial Use: N/A – Conditional Right. 4.5.7 Amount Claimed: 1,970 acre-feet, conditional, with a right to successively refill. 4.5.8 Uses: See Paragraph 3.1.7. These uses will be made: (1) after storage; (2) after conveyance to, storage in, and release from yet-to-be constructed storage structures located in Weld County to serve an expanded service area; or (3) after release to the South Platte River at the point specified below in Paragraph 4.5.8.1 and re-diversion at points of diversion WSP-1 through WSP-5 described in Paragraph 3.1.7.2. 4.5.8.1 Release Point to South Platte River: At point located in the NE1/4 of the SE1/4 Section 1, Township 1 South, Range 67 West, 1,530 feet from the South Section line, 500 feet from the East Section line. 4.5.9 Surface Area of High Water Line: Approximately 58 acres. 4.5.10 Dam Height: N/A – Excavated Reservoir. 4.5.11 Length of Dam: N/A – Excavated Reservoir. 4.5.12 Total Capacity: 1,970 acre-feet. 4.5.13 Remarks: Water may also be delivered to and stored in Signal Reservoir No. 3 after release from storage in the structures described in Paragraphs 4.1 – 4.3, 4.7, and 5.1. 4.6 Signal Reservoir No. 4 4.6.1 Location: An off-channel, excavated and lined reservoir, the centroid of which is located at a point in the NE1/4 of the SW1/4 of Section 34, T.1N., R.67W., of the 6th P.M., 1,395 feet from the South Section Line and 2,483 feet from the West Section Line of said Section 34, in Weld County, Colorado. See Exhibit E. 4.6.2 Points of Diversion: See Paragraph 4.5.2. 4.6.3 76

Source: See Paragraph 4.5.3. 4.6.4 Date of Appropriation: December 31, 2020. 4.6.5 How Appropriation was initiated: See Paragraph 3.1.4. 4.6.6 Dated Applied to Beneficial Use: N/A – Conditional Right. 4.6.7 Amount Claimed: 4,824 acre-feet, conditional, with a right to successively refill. 4.6.8 Uses: See Paragraph 4.5.8. 4.6.9 Surface Area of High Water Line: Approximately 143 acres. 4.6.10 Dam Height: N/A – Excavated Reservoir. 4.6.11 Length of Dam: N/A – Excavated Reservoir. 4.6.12 Total Capacity: 4,824 acre-feet. 4.6.13 Remarks: Water may also be delivered to and stored in Signal Reservoir No. 4 after release from storage in the structures described in Paragraphs 4.1 – 4.3, 4.7, and 5.1. 4.7 Mann Lakes Reservoir 4.7.1 Location: See Paragraph 3.1.7.1.2. 4.7.2 Points of Diversion: The SP Diversions, described in Paragraph 3.1.1 and at the rates specified in Paragraph 3.1.6, delivered via pumps and pipeline to Mann Lakes at the point specified in Paragraph 3.1.7.1.2. 4.7.3 Source: Surface flows in the South Platte River through the SP Diversions surface intakes, delivered via pump and pipeline directly to Mann Lakes Reservoir. The maximum rates of diversion through these structures to storage and for direct flow combined are described in Paragraph 3.1.6. 4.7.4 Date of Appropriation: December 31, 2020. 4.7.5 How Appropriation was initiated: See Paragraph 3.1.4. 4.7.6 Dated Applied to Beneficial Use: N/A – Conditional Right. 4.7.7 Amount Claimed: 3,741 acre-feet, conditional, with a right to successively refill. 4.7.8 Uses: See Paragraph 4.5.8. The aforementioned uses will be made: (1) after direct delivery into storage; (2) after storage and delivery via pumps and pipeline to Bennett Reservoir; or (3) after release to the South Platte River at the point specified in Paragraph 3.1.7.1.2 and re-diversion at points of diversion TCVS-01, TCVS-02, and WSP-1 through WSP-11 described in Paragraph 3.1.7.2. 4.7.9 Surface Area of High Water Line: Approximately 160 acres (45 acres in Mann Lake No. 1, 59 acres in Mann Lake No. 2, 56 acres in Mann Lake No. 3). 4.7.10 Dam Height: N/A – Excavated Reservoir. 4.7.11 Length of Dam: N/A – Excavated Reservoir. 4.7.12 Total Capacity: 3,741 acre-feet. 4.7.13 Remarks: Water may also be delivered to and stored in Mann Lakes Reservoir after release from storage in the structures described in Paragraphs 4.1 – 4.4 and 5.1. 5. Claim for Conditional Porosity Storage Rights. 5.1 Beaver Creek Porosity Reservoir 5.1.1 Location: The centroid of the facility is located at a point in SE1/4 of the NE1/4 of Section 16, T.2N., R.56W., of the 6th P.M., 2,290 feet from the North Section Line, 936 feet from the East Section Line of said Section 16, in Morgan County, Colorado. See Exhibit G. 5.1.2 Points of Diversion: The SP Diversions, described in Paragraph 3.1.1 above. The maximum rates of diversion through these structures to storage and for direct flow combined are described above in Paragraph 3.1.6. 5.1.3 Source: Surface flows in the South Platte River through the SP Diversions surface intakes, delivered via pump and pipeline directly to Beaver Creek Porosity Reservoir. The maximum rates of diversion through these structures to storage and for direct flow combined are described in Paragraph 3.1.6. 5.1.4 Date of Appropriation: December 31, 2020. 5.1.5 How Appropriation was initiated: See Paragraph 3.1.4. 5.1.6 Dated Applied to Beneficial Use: N/A – Conditional Right. 5.1.7 Amount Claimed: 81,216 acre-feet, subject to the actual site-specific storage space available but not to exceed 130% of this claimed amount, conditional. 5.1.8 Uses: See Paragraph 3.1.7. These uses will be made: (1) after storage and delivery via pumps and pipeline to Beaver Creek Surface Reservoir, Sand Arroyo Reservoir, Bennett Reservoir, and Mann Lakes Reservoir, as described in Paragraph 4, for subsequent use; or (2) after release to the South Platte River at the points specified in Paragraph 3.1.7.1, and re-diversion at the points specified in Paragraph 3.1.7.2 for use or for subsequent storage in the structures specified in Paragraph 3.1.7.3. 5.1.9 Surface Area of High Water Line: Approximately 5,076 acres. 5.1.10 Dam Height: N/A – Underground Reservoir. 5.1.11 Length of Dam: N/A – Underground Reservoir. 5.1.12 Total Capacity: 81,216 acre-feet, up to a maximum of 105,581 acre-feet. 5.1.13 Remarks: Water may also be delivered to and stored in Beaver Creek Porosity Reservoir after release from storage in the structures described in Paragraphs 4.1 and 4.2. The Beaver Creek Porosity Reservoir is to be located on approximately 5,076 acres of alluvial aquifer material of depths averaging approximately 80 feet, surrounded by a man-made impermeable barrier keyed to bedrock. The barrier will encompass both the Beaver Creek Surface Reservoir and the Beaver Creek Porosity Reservoir, and the two structures will be partitioned by a separate barrier. Applicants will fill the underground storage reservoir by artificial means with water diverted under the subject appropriations, as well as other water to which the Applicants acquire rights. Applicants do not claim the groundwater in situ prior to installation of the impermeable barrier, which will be quantified and delivered to the river in time, location, and amount 77

through direct discharge, after consultation with and approval of the Division Engineer. Applicants will remove water from storage in the Beaver Creek Porosity Reservoir via dewatering wells located inside the perimeter of the impermeable barrier and connected to one or more pipelines that release water to other structures or to the South Platte River, as described in Paragraph 5.1.8. None of the dewatering wells have been constructed and Applicants have not yet filed well permit applications for any of the wells at this time. None of the wells will be located in a designated basin, will divert non-tributary water, or will be required to be permitted pursuant to C.R.S. § 37-90-137(4). The current configuration depicted on Exhibit G is based upon currently-available data and mapping and is subject to change. Applicants reserve the right to enlarge the storage structure based on additional data and surveys. 6. Name and Address of Owners or Reputed Owners of the Land Upon Which Any New or Existing Diversion or Storage Structure, or Modification Thereof, Is or Will Be Located: 6.1 State of Colorado Board of Land Commissioners 1313 Sherman St, Rm 620 Denver, CO 80203 6.2 Randy Fiscus and Lynn Dilley PO Box 803 Brush, CO 80723 6.3 Kamp Cattle Company c/o Norma Beamer PO Box 395 Eaton, CO 80615 6.4 Weitzel Land LLC 28271 Co Rd L Brush, CO 80723 6.5 Prairie Sands Farm LLC 8503 HWY 71 Brush, CO 80723 6.6 Leo D- L E August c/o Patrick J Gebauer 15488 Co Rd 57 Hillrose, CO 80733 6.7 Stephen & Joann Cecil PO Box 102 Fort Morgan, CO 80701 6.8 Patrick J Gebauer 15488 Co Rd 57 Hillrose, CO 80733 6.9 Gary A Branberg PO Box 231 Brush, CO 80723 6.10 Morgan County REA PO Box 738 Fort Morgan, CO 80701 6.11 State of Colorado 1525 Sherman St 2nd Floor Denver, CO 80203-1714 6.12 Dennis D & Connie S Hawes 14998 Co Rd B Fort Morgan, CO 80701 6.13 Ronny D & Barbara K Hawes 719 Sherman St Fort Morgan, CO 80701 6.14 Linnebur Grain & Buffalo LLLP 74600 HWY 36 Byers, CO 80103 6.15 Dixie Water LLC 400 Poydras St, Ste 2100 New Orleans, LA 70130 6.16 State of Colorado Dept of Nat Res, Division of Wildlife 122 E Edison St Brush, CO 80723 6.17 State of Colorado Dept of Nat Res, Division of Wildlife 6060 Broadway Denver, CO 80216 6.18 Adams County 4430 South Adams County Parkway Brighton, CO 80601 6.19 Robert L Seltzer Family Trust 33641 County Road 83 Briggsdale, CO 80611-7808 6.20 Martin Marietta Materials, Inc. c/o Baden Tax Management P.O. Box 8040 Fort Wayne, IN 46898-8040 6.21 CAMAS Colorado Inc. c/o Aggregate Industries-WCR Inc. 1687 Cole Blvd., Ste. 300 Golden, CO 80401-3318 6.22 Denis B. Clanahan Trustee 1837 S. Bellaire St., Ste. 1401 Denver, CO 80222-4359 6.23 Aggregate Industries-WCR Inc. 1687 Cole Blvd., Ste. 300 Golden, CO 80401-3318 6.24 Asphalt Specialties Co. Inc. 10100 Dallas Street Henderson, CO 80640 6.25 City of Brighton 500 S 4th Ave Brighton, CO 80601-3165 6.26 City of Aurora 15151 E Alameda Parkway 5th Floor Aurora, CO 80012 6.27 Adams County Attn: Kurt Carlson 9755 Henderson Road Brighton, CO 80601 6.28 South Adams County Water and Sanitation District Attn: Kip Scott 6595 East 70th Avenue P.O. Box 597 Commerce City, Colorado 80037 6.29 New Brantner Extension Ditch Company c/o Brice Steele, Esq. 25 South 4th Avenue Brighton, CO 80601 6.30 The Brantner Ditch Company c/o Marc Pedrucci, Secretary 9755 Henderson Road Brighton, CO 80601 6.31 E-470 Highway Authority 22470 Stephen D. Hogan Parkway #110 Aurora, CO 80018

20CW3216 CITY AND COUNTY OF BROOMFIELD, c/o Director of Public Works, One DesCombes Drive, Broomfield, Colorado 80020-2495, Telephone No.: (303) 438-6348, e-mail: [email protected]. APPLICATION FOR CHANGE OF WATER RIGHTS, STORAGE RIGHTS, UNDERGROUND WATER RIGHTS, AND PLAN FOR AUGMENTATION INCLUDING EXCHANGES IN ADAMS, BOULDER, BROOMFIELD, JEFFERSON, AND WELD COUNTIES. Attorneys for Applicant: Cynthia F. Covell, #10169, Andrea L. Benson, #33176, Gilbert Y. Marchand, Jr., #19870, Alperstein & Covell, P.C., 1600 Broadway, Suite 1070, Denver, CO 80202, [email protected]; [email protected]; [email protected], Phone: (303) 894- 8191; Fax (303) 861-0420. 1. Name, mailing address, email address and telephone number of applicant: City and County of Broomfield (“Broomfield” or “Applicant”), c/o Director of Public Works, One DesCombes Drive, Broomfield, Colorado 80020-2495, Telephone No.: (303) 438-6348, e-mail: [email protected]. 2. Introduction and summary of application: Broomfield is a Colorado municipal corporation and county. It owns and operates a municipal water and sewer utility system for the

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benefit of its citizens, and for the provision of water and sewer service to such extra-territorial customers as it may serve from time to time pursuant to its City and County Charter and contract. Broomfield seeks a change of shares of the Farmers Reservoir and Irrigation Company (“FRICO”), Marshall Lake Division (“FRICO Marshall Division”). FRICO is a Colorado mutual ditch company that distributes water to its stockholders. There are 1,273.97 outstanding shares of capital stock in the FRICO Marshall Division. To the extent that, in this proceeding, the number of outstanding shares is determined to be slightly more or slightly less than stated herein, the final decree will conform to such different number without the need for any amendment of the application. Broomfield seeks a change to allow storage or detention of the shares in the ponds and reservoirs listed herein and use within Broomfield’s municipal water system and other areas served by Broomfield, including use within Broomfield’s reuse system. Broomfield also seeks storage or underground water rights, as appropriate, for the lined and unlined ponds and reservoirs in which the shares will be directly stored or detained, and an augmentation plan including rights of substitution and exchange to replace out-of-priority stream depletions caused by the ponds and reservoirs. Broomfield is also appropriating the historical return flows associated with the changed shares in instances where the downstream call is junior to December 31, 2020. CHANGE OF WATER RIGHTS, INCLUDING APPROPRIATION OF RETURN FLOWS 3. Decreed names of water rights and structures for which change is sought: 158.14 shares of the FRICO Marshall Division. The 158.14 shares are referred to herein as the “Subject Water Rights.” The structures involved are the Community Ditch, Marshall Lake Reservoir, and McKay Lake Reservoir. 4. Date of original and all relevant subsequent decrees and decree information for the Subject Water Rights. All of the following decrees were entered in Boulder County District Court for irrigation and agricultural purposes: Table 1: Direct Flow Water Rights – FRICO Marshall Division Date Case No. Amount (in Appropriation Subject Water Name Source Entered cfs Date Rights (Broomfield’s pro-rata portion in cfs) 12/19/1900 CA 3944 83.3 6/6/1885 10.34 Community South Ditch Boulder Creek 6/21/1926 CA 6672 319.1 8/26/1903 39.61 Community South Ditch Boulder Second Creek Enlargement 6/21/1926 CA 6672 319.1 8/26/1903 39.61 Community Coal Creek Ditch and Rock Second Creek Enlargement 6/21/1926 CA 6672 227.0 8/26/1903 28.18 Community Dowdy Ditch Hollow or Second Draw Enlargement The inclusion of pro-rata amounts in Tables 1 and 2 is merely descriptive and does not imply that actual historical usage was based on such amount. Table 2: Storage Rights – FRICO Marshall Division Date Case No. Amount Appropriation Subject Water Name Source Entered (in cfs and Date Rights acre-feet (Broomfield’s (“af”) pro rata portion

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12/19/1900 CA 3944 83.3 cfs; 6/6/1885 10.34 cfs; Marshall South 1,349.14 167.47 af Lake Boulder af Reservoir Creek 4/10/1905 CA 4735 45.6 cfs; 3/13/1901 5.66 cfs; Marshall South 1,349.14 167.47 af Lake Boulder af Reservoir Creek 6/21/1926 CA 6672 448.0 cfs; 3/4/1902 55.61 cfs; Marshall South 7,901.74 980.86 af Lake Boulder af Reservoir Creek First Enlargement 6/21/1926 CA 6672 1,545.01 9/20/1921 191.78 af Marshall South af Lake Boulder Reservoir Creek Second Enlargement 1/9/1935 CA 6672 448 cfs; 3/4/1902 55.61 cfs; Marshall Dowdy Supplemental 9,400 af 1,166.84 af Lake Hollow or Reservoir Draw Dowdy Hollow or Draw 9/28/1953 CA 12111 448 cfs; 12/31/1929 55.61 cfs; Marshall South 9,053.14 1,123.78 af Lake Boulder af Reservoir Creek and Refill Right Dowdy Hollow or Draw 12/19/1900 CA 3944 83.3 cfs; 6/6/1885 10.34 cfs; West Lake South 699.08 af 86.78 af (transferred Boulder to Marshall Creek Lake Reservoir in W8287-76) 12/19/1900 CA 3944 10.0 cfs; 5/1/1888 1.24 cfs; 4.97 Section 19 South 40.0 af af Reservoir Boulder (transferred Creek to Marshall Lake Reservoir in 85CW330) 4/10/1905 CA 4735 45.6 cfs; 2/26/1900 5.66 cfs; McKay South 956.80 af 118.77 af Lake Boulder Reservoir Creek FRICO historically owned Church Ditch inches, which it used to supplement its water supply in the Marshall Division system. However, based on Broomfield’s understanding that the Church Ditch inches are no longer part of the FRICO Marshall Division operations, no water rights associated with the Church Ditch are being changed by Broomfield in this case. Nevertheless, the following decree information associated with the Church Ditch inches is being provided in order to reflect historical use of the Subject Water Rights that was contributed by the Church Ditch inches. FRICO owned 475 inches in the Church

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Ditch (a.k.a. Golden City Ralston Creek Ditch). In an October 4, 1884 adjudication by the Arapahoe County District Court, the following amounts and appropriation dates were decreed from Clear Creek at a point of diversion described as being on the north bank of Clear Creek in the NW 1/4 NE 1/4 of Section 32, Township 3 South, Range 70 West, 6th P.M., Jefferson County, Colorado: Table 3 – Church Ditch Original Decreed Water Rights Amount (in cfs) Appropriation Date 0.90 6/1/1892 1.43 2/28/1865 1.25 5/16/1865 18.26 11/18/1877 18.85 11/15/1878 32.34 11/20/1881

In a May 13, 1936 adjudication by the District Court for the City and County of Denver in CA60052, the following amounts and appropriation dates were decreed from Clear Creek and Ralston Creek at a point of diversion described as being at the Church Ditch headgate on the north bank of Clear Creek in the NW 1/4 NE 1/4 of Section 32, Township 3 South, Range 70 West, 6th P.M., Jefferson County, Colorado, and the Church Ditch headgate on Ralston Creek in the SE 1/4 NW 1/4 of Section 2, Township 3 South, Range 70 West, 6th P.M., Jefferson County, Colorado: Table 4: Church Ditch Supplemental Decreed Water Rights Amount (cfs) Appropriation Date Source 100.12 3/16/1886 Clear Creek 185 11/18/1877 Ralston Creek 5. Legal description of structures: 5.1 Community Ditch diversion point on South Boulder Creek: on the south bank of South Boulder Creek in the NE 1/4 of the SE 1/4 of Section 25, Township 1 South, Range 71 West, 6th P.M., Boulder County, Colorado. 5.2 Community Ditch diversion point from Coal Creek: in the NW 1/4 of the NE 1/4 of Section 26, Township 1 South, Range 70 West, 6th P.M., Boulder County, Colorado. 5.3 Community Ditch diversion point from Rock Creek: in the SE 1/4 of the SW 1/4 of Section 30, Township 1 South, Range 69 West, 6th P.M., Boulder County, Colorado. 5.4 Community Ditch diversion point from Dowdy Hollow or Draw: in the SW 1/4 of the SW 1/4 of Section 29, Township 1 South, Range 70 West, 6th P.M., Boulder County, Colorado. 5.5 Marshall Lake Reservoir is located in Sections 22 and 27, Township 1 South, Range 70 West, 6th P.M., Boulder County, Colorado. 5.6 McKay Lake Reservoir is located in Sections 20 and 21, Township 1 South, Range 68 West, 6th P.M., Boulder County, Colorado. 6. Amount of water that Applicant intends to change: The absolute water rights associated with 158.14 shares in the FRICO Marshall Division. See also tables in section 4, above. 7. Detailed description of proposed change: 7.1 Historical Use: The Subject Water Rights were historically used to irrigate lands within the FRICO Marshall Division service area, including those lands set forth in the map attached as Exhibit A. Exhibit B describes the general locations of the various farms associated with the Subject Water Rights, which are located in Adams, Boulder, and Weld Counties, Colorado, in Townships 1 South and 1 North, and Ranges 68 and 69 West of the 6th Prime Meridian. A summary of diversion records is attached as Exhibit C. To quantify the historical consumptive use of the Subject Water Rights, Broomfield will rely on a ditch-wide analysis and the historical consumptive use quantification methodology that was the subject of previously decreed changes of FRICO Marshall Division shares, including the representative 1950 to 1970 study period that was used in the previous changes. See Case Nos. 92CW79 and 07CW310 (City of Louisville) and Case No. 02CW292 (Eldorado Artesian Springs, Inc.). 7.2 Proposed Change of Use and Location of Use: Broomfield seeks to change the Subject Water Rights to allow their use in Broomfield’s municipal water supply system as it currently exists or may exist in the future, in addition to the currently decreed places of use of the Subject Water Rights. Broomfield does not seek a change in point of diversion of the Subject Water Rights. They will continue to be diverted at the Community Ditch point of diversion described above. A map of the approximate boundaries of Broomfield’s current municipal service area is attached as Exhibit D. Broomfield seeks to change the use

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of the Subject Water Rights to add, in addition to the existing irrigation uses, decreed uses of direct flow and storage for all beneficial uses of the municipal water system of Broomfield, as it currently exists or may exist in the future, including, but not limited to, municipal, domestic, industrial, commercial, fire protection, stock watering, recreation, wetlands, irrigation, lake level maintenance, water features, fish and wildlife, gray water use, augmentation, replacement, substitution and exchange, and storage for these purposes, as well as the right to totally consume the water either by first use, reuse, successive use, or disposition to third parties, including, but not limited to, by existing or subsequent lease or agreement. Broomfield will maintain dominion and control over any such fully consumable water, including but not limited to, fully consumable lawn irrigation return flows and/or effluent associated with the Subject Water Rights that will be treated and released into the South Platte River Basin. Said use may include use for return flow obligations associated with Broomfield’s municipal water supply system, and/or the re- diversion of any such fully consumable lawn irrigation return flows or effluent credits into storage in vessels owned or controlled by Broomfield, or in which Broomfield has a contractual right to store water, such as those structures, described below, for additional beneficial uses, and/or the use of any such fully consumable water in Broomfield’s reuse water system, as that system currently exists or is expanded or modified in the future. In addition to the previously decreed locations identified in section 5, above, Broomfield also seeks the right to store or detain some or all of the Subject Water Rights at the locations described below, all in the 6th P.M., City and County of Broomfield, Colorado: 7.2.1 Tom Frost Pond located in the SE 1/4 of the SE 1/4, Section 30, Township 1 South, Range 68 West. 7.2.2 LeGault Pond located in the W 1/2 of the SW 1/4, Section 30, Township 1 South, Range 68 West. 7.2.3 Brunner Reservoir a.k.a. Harry Brown Reservoir located in the NE 1/4 of the SW 1/4 and the SE 1/4 of the NW 1/4, Section 36, Township 1 South, Ranch 69 West. 7.2.4 Midway Park Pond located in the SE 1/4 of the NW 1/4, Section 35, Township 1 South, Range 69 West. 7.2.5 Community Park Pond located in the NW 1/4 of the SW 1/4, Section 36, Township 1 South, Range 69 West. 7.2.6 Civic Center Pond proposed to be located in the W 1/2 of the SW 1/4, Section 36, Township 1 South, Range 69 West. 7.2.7 Wilde Pond proposed to be located in the W 1/2 of the NE 1/4, Section 24, Township 1 South, Range 69 West. 7.2.8 3207 Ponds (a.k.a. 10th Ave. Ponds and/or Ellie’s Pond) located in the NE 1/4 of the NW 1/4, Section 36, Township 1 South, 69 West. 7.2.9 Trails of Westlake Pond located in the S 1/2 of the NW 1/4, Section 29, Township 1 South, Range 68 West. 7.2.10 Zuni Detention Pond (a.k.a. Alexx and Michael’s Pond) located in the SE 1/4 of the NE 1/4 and the NE 1/4 of the SE 1/4, Section 29, Township 1 South, Range 68 West. 7.2.11 Plaster Lake located in the SW 1/4, Section 20, Township 1 South, Range 68 West. 7.2.12 Markel’s Pond located in the SW 1/4 of the SE 1/4, Section 24, Township 1 South, Range 69 West. 7.2.13 Siena Reservoir located in the S 1/2 of the NW 1/4, Section 8, Township 1 South, Range 68 West. 7.2.14 Sagar/Section 19 Pond located in the SE 1/4 of the NW 1/4, Section 19, Township 1 South, Range 68 West. 7.2.15 Great Western Reservoir located generally in the North 1/2 of Section 7 and the South 1/2 of Section 6, Township 2 South, Range 69 West. 7.3 Historical Return Flows: Under the change of water rights, municipal return flows attributable to the Subject Water Rights will be quantified, and at times of a South Platte River call senior to December 31, 2020, used to offset any required returns necessary to prevent injury from the change of water right. Moreover, Broomfield may use the Subject Water Rights, any other water rights owned or controlled by Broomfield that are or have been determined to be fully consumable or usable for replacement purposes by this or any other decree, and/or municipal return flows from other fully-consumable sources of water, to meet required historical return flow obligations. A list of the return flow replacement sources currently available to Broomfield is located in section 13, below. As with the claimed additional augmentation sources described in section 13, Broomfield seeks the right to add future return flow replacement sources - pursuant to procedures to be determined herein - without the necessity of amending this application or filing a new application. Water derived from the exercise of the Subject Water Rights upon which any required return flow obligations have been met or upon which municipal return flows exceed historical irrigation return flow obligations will be fully consumable by Broomfield, and may be used, reused, and successively used to extinction for all beneficial purposes identified herein, either by direct release or storage for later release with the right to totally consume the consumable portion of the water either by first use, successive use, or disposition to third parties. 7.4 Appropriation of return flows: 82

Broomfield claims the appropriation of historical return flows and will replace return flows associated with the historical use of the Subject Water Rights only for downstream calls senior to December 31, 2020. The name and point of diversion of the structure to be used to divert the claimed return flows is the Community Ditch, described in section 5.1, above. The sources of water for the claimed return flows are the sources described in the tables in section 4, above. The appropriated return flows will be used for the same uses as described in section 7.2, above. The date of appropriation of the claimed return flows is December 31, 2020, based on the formation of intent to divert and put the claimed return flows to beneficial use and the filing of the application in water court. Broomfield claims a conditional right to divert and use all the water delivered with the Subject Water Rights that is characterized as return flow water pursuant to this application and the final decree to be entered herein, subject to any limits that may be determined herein. 7.5 Broomfield seeks to change only the portion of the Subject Water Rights used to irrigate the farms described in section 7.1, above. Any water that would be otherwise available to Broomfield pursuant to its shares that Broomfield does not use may continue to be diverted at the decreed points of diversion and used by other FRICO stockholders, pursuant to the terms and conditions of the applicable decrees described in section 4, above, without counting against any historical consumptive use volumetric limits decreed in this proceeding for Broomfield’s shares. The diversion and use of water otherwise available to the Subject Water Rights by other FRICO stockholders may also occur after any historical consumptive use volumetric limits decreed in this proceeding for the Subject Water Rights have been fully exhausted by Broomfield’s uses. STORAGE RIGHTS 8. Names of structures for which storage rights are sought: Tom Frost Pond, Brunner Reservoir a.k.a. Harry Brown Reservoir, Civic Center Pond, Wilde Pond, Plaster Pond, and Sagar/Section 19 Pond. The locations of these structures are described in Sections 7.2.1 through 7.2.14, above. The date of appropriation for each storage right is summarized in Table 5 below. Each appropriation was initiated either by Broomfield’s acquisition of the structure upon the date listed for the structure in Table 5, and/or by commencement of planning and development of the land on which the structure is located. Overt acts in furtherance of the intent to appropriate the water right include the planning and development of the use of the land on which the structure is located, storage in and use of the structure for beneficial purposes and the filing of the application in this Court on December 31, 2020. The uses of the structures are all municipal purposes, including but not limited to aesthetic, scenic, recreation, fire protection, fish and wildlife, augmentation, replacement, and storm water management. 9. The points of diversion of the storage rights are described in Sections 7.2.1 through 7.2.14 above, and the sources and amount of storage claimed for each structure are described in Table 5 below. Broomfield seeks the right to fill and refill the structures. For completeness, the described sources include all physical sources to fill the structures, whether already decreed or not. Storage rights are not being claimed for already decreed inflow. The claimed inflow rates for the structures are based on the capacity of the ditch from which those structures are primarily filled. The decreed inflow rate will be based on the capacity of the inlet structures and the physical sources of supply. All amounts are claimed as absolute, except as otherwise noted below. Table 5: Ponds and Lakes for Which Storage Rights are Sought Filling Capacity Inflow Rate Pond Name Source Date of Appropriation Structure (AF) (cfs) Zang Draw, natural Community Civic Center runoff, drainage and 70 AF Ditch and April 30, 2018 85 cfs Pond precipitation, and (Conditional) Zang Draw Subject Water Rights Community Natural runoff, Ditch and drainage and 3.5 AF Wilde Pond December 18, 2018 85 cfs Church precipitation, Subject (Conditional) Ditch Water Rights

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Community Natural runoff, Ditch and drainage and Tom Frost April 27, 1998 75 AF 85 cfs Church precipitation, Subject Ditch Water Rights

Brunner / Graves and Zang Draw, natural Harry Dollison runoff, drainage and January 21, 1999 53 AF 50 cfs Brown Ditch and precipitation, Subject Reservoir Zang Draw Water Rights

Community Natural runoff, Ditch and drainage and Plaster Lake February 8, 2001 154 AF 85 cfs Church precipitation, Subject Ditch Water Rights

Natural runoff, Sagar / Community drainage and 80 AF Section 19 Ditch and December 31, 2020 85 cfs precipitation, Subject (Conditional) Pond Church Water Rights UNDERGROUND WATER RIGHTS 10. Names of structures for which underground water rights are sought: LeGault Pond, Midway Park Pond, Community Park Pond, 3207 Ponds (a.k.a. 10th Ave. Ponds and/or Ellie’s Pond), Trails of Westlake Pond, Zuni Detention Pond (a.k.a. Alexx and Michael’s Pond), Markel’s Pond, and Siena Reservoir. Well permits for each structure will be applied for if required. The locations of these structures are described in sections 7.2.1 through 7.2.14, above. The date of appropriation for the underground water rights is summarized in the table below. Each appropriation was initiated either by Broomfield’s acquisition of the structure upon the date listed for the structure in Table 6, below, and/or by commencement of planning and development of the land on which the structure is located. Overt acts in furtherance of the intent to appropriate the water right include the planning and development of the use of the land on which the structure is located, the use of the structure for beneficial purposes, and/or the filing of the application in this Court on December 31, 2020. The uses of the structures are all municipal purposes, including but not limited to aesthetic, scenic, recreation, fire protection, fish and wildlife, augmentation, replacement, and storm water management, and with respect to Siena Reservoir - regulation of summer peaking associated with Broomfield’s water treatment plant. 11. The source and claimed rate and amount for each structure are described in Table 6 below. All amounts claimed are conditional. For completeness, the described sources include all physical sources used to fill the structures, whether already decreed or not. Underground water rights are not being claimed for already decreed inflow. The claimed inflow rates for the structures are based on the capacity of the ditch from which those structures are primarily filled. The decreed inflow rate will be based on the capacity of the inlet structures and the physical sources of supply, including rate of groundwater inflow. Table 6: Ponds and Lakes for Which Underground Water Rights are Sought Filling Date of Capacity Inflow Rate Pond Name Source Structure Appropriation (AF) (cfs) Groundwater tributary to Community Big Dry Creek, natural LeGault Ditch and runoff, drainage and October 28, 2003 200 AF 85 cfs Church Ditch precipitation, Subject Water Rights

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Groundwater tributary to Zang Draw Big Dry Creek, Zang Midway Park and Draw, natural runoff, June 3, 1955 1 AF 85 cfs Pond Community drainage and Ditch precipitation, Subject Water Rights Groundwater tributary to Zang Draw Big Dry Creek, Zang Community and Draw, natural runoff, May 25, 1972 5 AF 85 cfs Park Pond Community drainage and Ditch precipitation, Subject Water Rights Groundwater tributary to 3207 / 10th Drainage / Big Dry Creek, natural Avenue / Community runoff, drainage and February 29, 1988 15 AF 85 cfs Ellie's Pond) Ditch precipitation, Subject Water Rights Groundwater tributary to Trails of Community Big Dry Creek, natural Westlake Ditch and runoff, drainage and July 27, 1987 20 AF 85 cfs Pond Church Ditch precipitation, Subject Water Rights Groundwater tributary to Big Dry Creek, natural Zuni / Alexx Community runoff, drainage and and Michael's July 31, 1989 25 AF 85 cfs Ditch precipitation, Subject Pond Water Rights, fire hydrant Groundwater tributary to Big Dry Creek, natural Markel's Community runoff, drainage and June 25, 2008 5.5 AF 85 cfs Pond Ditch precipitation, Subject Water Rights Groundwater tributary to Community Coal Creek, C-BT, Siena Ditch, Windy Gap, natural January 13, 2009 450 AF 85 cfs Reservoir Southern runoff, drainage and Pipeline precipitation, Subject Water Rights AUGMENTATION PLAN INCLUDING RIGHTS OF SUBSTITUTION AND EXCHANGE 12. Names of structures to be augmented: All structures listed in sections 7.2.1 through 7.2.14, above (“Augmented Structures”). Water rights for the Augmented Structures are being sought in this application. Information related to the location, appropriation date, amount, source, and uses of each Augmented Structure is described in sections 8 through 11, above. 13. Water rights to be used for augmentation: 13.1 The Subject Water Rights described above. Water made available pursuant to the changed Subject Water Rights may augment depletions from the Augmented Structures in sections 7.2.1 through 7.2.14, above, by being diverted and detained or stored directly in the Augmented Structures; by being released and exchanged from Broomfield’s Wastewater Reclamation Facility outfall pursuant to the exchange(s) described below in section 15; by being released from Great Western Reservoir to Big Dry Creek via Walnut Creek, after having been pumped to the reservoir from the Wastewater Reclamation Facility; by

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being delivered into and released to Coal Creek from an existing augmentation station off Community Ditch located in the NW 1/4 of the NE 1/4 of Sec 26, T1S, R70W, 6th .P.M., or in an alternative proposed augmentation station located in the N ½ of Section 8, T1S, R68W or the S ½ of Section 5, T1S, R68W; and/or by being released from Siena Reservoir to Coal Creek. The location of Broomfield’s Wastewater Reclamation Facility outfall is NW 1/4 of the SE 1/4 of Section 32, T1S, R68W of the 6th P.M. 13.2 Heit Pit Storage Right decreed by this Court in Case No. 09CW96. Water made available pursuant to the Heit Pit Storage Right may augment depletions from the Augmented Structures by being released to Little Dry Creek and then to the South Platte River. The source of this Heit Pit Storage Right is the South Platte River, from the points and as described in the 09CW96 decree. The location of Heit Pit is: in the South Half of the Northeast Quarter, and the North Half of the Southeast Quarter of Section 13, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado. 13.3. South Platte Wellfield/Wells water right decreed by this Court in Case No. 09CW96. The South Platte Wellfield/Wells will be comprised of SPR Well No. 1 and additional 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., Weld County, Colorado. Water from the South Platte Wellfield/Wells may be pumped to and released from Heit Pit, or discharged directly to the South Platte River. 13.4 Consolidated Mutual Water Company effluent or other consumable water released to the South Platte River and its tributaries by The Consolidated Mutual Water Company (“Consolidated”) pursuant to the December 16, 2002 Raw Water Service Agreement between Pulte Home Corporation and Consolidated (assigned to Broomfield on January 16, 2009) at the Perry Pit (the outfall of which is located in the NW 1/4 of the NW 1/4 of Section 30, Township 1 North, Range 66 West of the 6th P.M.) , the Heit Pit, the Metro Reclamation District Wastewater Treatment Plant (the outfall of which is located in the SE 1/4 of the SW 1/4, Section 1, Township 3 South, Range 68 West of the 6th P.M.), and/ or the proposed Northern Metro Treatment Plant (the outfall of which is located in the SE 1/4 of the SW 1/4 of Section 31, Township 1 North, Range 66 West, of the 6th P.M.) 13.5 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; and/or Windy Gap raw water released to Coal Creek from Siena Reservoir, described above, or Matthew D. Glasser Reservoir located in the E 1/2 of the SW 1/4 and the W 1/2 of the SE 1/4 of Section 18, Township 1 South, Range 68 West. Koenig Pit is located in the S1/2 SE1/4 of Section 13, Township 2 North, Range 67 West, 6th P.M., in Weld County, Colorado. Broomfield owns 56 Windy Gap units. Windy Gap effluent results from Broomfield’s use of Windy Gap Project water, a transmountain water diversion project that delivers water from the Colorado River Basin to the South Platte River Basin. Broomfield owns a Water Allotment Contract with the Municipal Subdistrict of the Northern Colorado Water Conservancy District, a political subdivision of the State of Colorado, for 56 units of Windy Gap Project water. The water rights for the Windy Gap Project consist of the Windy Gap Pump, Pipeline and Canal, Windy Gap Pump, Pipeline and Canal First Enlargement, Windy Gap Pump, Pipeline and Canal Second Enlargement, and Windy Gap Reservoir. These water rights were originally decreed in Civil Action No. 1768, Grand County District Court, on October 27, 1980, and in Case Nos. W-4001 and 80CW108, District Court, Water Division No. 5, on October 27, 1980. Windy Gap Project water is introduced, stored, carried and delivered in and through the components of the Colorado-Big Thompson Project. The sources of water for the Windy Gap Project are the Colorado River and Willow Creek, a tributary of the Colorado River. 13.6 Direct flow water rights (Broomfield Discharge Diversion Point and Broomfield Big Dry Creek Diversion Point) decreed by this Court in Case No. 98CW436 released and/or by-passed into Big Dry Creek and/or recaptured and stored in Heit Pit and/or Koenig Pit and subsequently released to Little Dry Creek and/or South Platte River. The source of the Broomfield Discharge Point water right is effluent from the Broomfield wastewater treatment plant, tributary to Big Dry Creek, tributary of the South Platte River. Its location is: commencing at the center of Section 32, Township 1 South, Range 68 West, of the Sixth Principal Meridian, County of Adams, State of Colorado, whence the East one-quarter corner of said Section 32 bears South 89 degrees 46 minutes 32 seconds East a distance of 2,646.68 feet, said line forming the basis of bearings for this description, thence South 69 degrees 9 minutes 23 seconds East, a distance of 1,006.42 feet to the Discharge Diversion Point, whence said East one-quarter corner bears North 78 degrees 86

28 minutes 47 seconds East, a distance of 1,741.17 feet. The source of the Broomfield Big Dry Creek Diversion Point is Big Dry Creek. Its location is: commencing at the Center of Section 32, Township 1 South, Range 68 West, of the Sixth Principal Meridian, County of Adams, State of Colorado, whence the East one-quarter corner of said Section 32 bears South 89 degrees 46 minutes 32 seconds East a distance of 2,646.68 feet, said line forming the basis of bearings for this description, thence South 70 degrees 46 minutes 39 seconds East, a distance of 1,020.11 feet to the Big Dry Creek Diversion Point, whence said East one-quarter corner bears North 79 degrees 03 minutes 25 seconds East, a distance of 1,714.60 feet. 13.7 Direct flow water rights (Broomfield Discharge Diversion Point Enlargement, Broomfield Big Dry Creek Diversion Point Enlargement, and Bull Canal Diversion Point) decreed by this Court in Case No. 2004CW310 on June 30, 2009, released and/or by-passed into Big Dry Creek and/or recaptured and stored in Heit Pit or Koenig Pit and subsequently released to Little Dry Creek and/or the South Platte River. The sources and locations of the Broomfield Discharge Diversion Point Enlargement and the Broomfield Big Dry Creek Diversion Point Enlargement water rights are described above in section 13.6. The source of the Bull Canal Diversion Point is Big Dry Creek. Its location is a point on Big Dry Creek in the NW1/4 of the SE1/4 of Section 28, Township 1 South, Range 68 West, of the 6th Principal Meridian, in Adams County, Colorado. 13.8 Storage rights, decreed by this Court in Case No. 2006CW288, released from the Heit Pit to the South Platte River and/ or Little Dry Creek. The source of the storage rights is the South Platte River and its tributaries, including Little Dry Creek and Big Dry Creek, diverted through the Lupton Bottom Ditch, Meadow Island No. 1 Ditch, or the Little Dry Creek Diversion, described in the 2006CW288 decree. 13.9 Fully consumable water from the water rights represented by 0.5 shares of the Lupton Bottom Ditch Company and 116 shares of the Lupton Meadows Ditch Company that were changed by the decree entered by this Court in Case No. 2005CW290 dated June 9, 2009. Water made available by the changed shares may augment depletions from the Augmented Structures via release to the South Platte River and/or Little Dry Creek directly or from storage in Koenig Pit and/or Heit Pit and/or from existing or to-be- constructed augmentation stations as described in paragraph 10.c. of the 05CW290 decree. 13.10 Fully consumable water from Walnut Creek, decreed by this Court in Case No. 2008CW02, released to Great Western Reservoir by the Department of Energy, and subsequently delivered to Big Dry Creek via Walnut Creek. 13.11 Broomfield lawn irrigation return flows returning to Big Dry Creek and Boulder Creek, once the same are quantified and decreed in a separate proceeding. 13.12 The Church Ditch Broomfield filing AKA Golden City Ralston Creek and Church Ditch direct flow water right decreed by this Court in Case No. 81CW460 for replacement or augmentation purposes. The source is Clear Creek. The decreed location is a point located on the North Bank of Clear Creek in the Northeast 1/4 of Section 32, Township 3 South, Range 70 West of the 6th Principal Meridian, County of Jefferson, State of Colorado, more particularly described in paragraph 3 of the 81CW460 decree. 13.13 The Great Western Reservoir, Broomfield Enlargement, water storage right decreed by this Court in Case No. 81CW463 for replacement or augmentation purposes. The source of water is Clear Creek. The location is described above in section 7.2.15. 13.14 Fully consumable effluent released or delivered to the South Platte River and its tributaries by the City of Aurora pursuant to the 2009 Water Delivery Contract between Broomfield and Aurora. The delivery point is the outfall of the Metro Wastewater Reclamation District treatment facility or any other delivery point on the South Platte River provided that any such other delivery point is within a reach of the South Platte River beginning at or below Metro and continuing downstream to a point at or above the headgate of Meadow Island No. 1 Ditch. 13.15 Fully consumable water delivered by the City of Aurora into Little Dry Creek out of the Brantner Ditch at an augmentation station located in the NW 1/4 of the SW 1/4 of Section 3, Township 1 North, Range 67 West, of the 6th P.M. 13.16 Effluent delivered by the City of Arvada to the South Platte River at the Metro Wastewater Reclamation District treatment facility, subject to the provisions of paragraph 29.a. of the decree in Case No. 09CW96 (“[Broomfield] shall not use Arvada effluent as a source of substitute supply in this plan for augmentation until such time as it has obtained the legal right to the use of said effluent from Arvada. Use of Arvada effluent shall be governed by the terms and conditions of any agreement with Arvada permitting the use of said effluent”). 13.17 Pursuant to C.R.S. § 37-92-305(8), Broomfield also proposes to use in the future as augmentation supplies or return flow replacement supplies other water rights or sources of water that Broomfield then owns or controls, 87

provided that they are decreed for, or otherwise available for, augmentation or replacement purposes or may be used for augmentation or replacement purposes pursuant to a State Engineer-approved substitute water supply plan pursuant to C.R.S. § 37-92-308 or interruptible supply plan pursuant to C.R.S. § 37-92- 309, or any amendment thereof, and provided that Broomfield can make such supplies available at the locations, at the time, and in the amount required for such augmentation or replacement. Pursuant to C.R.S. § 37-92-305(8), required procedures to allow Broomfield’s use of such additional sources will be determined in this proceeding. Broomfield also claims the right to use such other water in one or more substitute water supply plans that may be approved for operations prior to entry of a final decree. 14. Complete statement of plan for augmentation: Under this plan for augmentation, Broomfield will replace injurious out-of-priority depletions caused by the structures described in sections 7.2.1 through 7.2.14, above. The depletions may be caused by storage or detention of runoff and precipitation in the structures or by evaporation from the unlined ponds. The injurious out-of-priority depletions will be replaced with water from the sources described in section 13, above, at the locations described in that above section. APPROPRIATIVE RIGHTS OF SUBSTITUTION AND EXCHANGE 15. When a valid call is being administered from a water right senior to December 31, 2020, and when all or part of the augmentation or required historical return flow replacement water is provided below the location of the depletion from an Augmented Structure or below the location where the historical return flow replacement is required to be made, Broomfield will augment injurious out-of-priority depletions and/or replace required historical return flows via one or more of the following appropriative rights of substitution and exchange: 15.1 Exchange reach: 15.1.1 Downstream Terminus: Confluence of Little Dry Creek and the South Platte River, in the S ½ NE 1/4 , Section 12, Township 2 North, Range 67 West of the 6th P.M. 15.1.2 Upstream Terminus: in the NE 1/4 of Section 12, Township 2 South, Range 69 West of the 6th P.M., at the location of the most upstream point where depletions from the Augmented Structures accrue to Big Dry Creek. The Exchange Reach is depicted on Exhibit D attached hereto. Within the Exchange Reach, other exchange-from points are claimed for the delivery or release point of each structure and source described in section 13, above, and other exchange-to points are claimed for the point of depletion for each Augmented Structure and at each required return flow replacement location. Matrices of all the exchange- from and exchange-to points claimed herein will be developed during the proceeding. 15.2 The date of appropriation of the substitutions and exchanges is December 31, 2020. The appropriations were initiated by formation of the intent to utilize the substitutions and exchanges to replace depletions caused by the structures described herein and the filing of the application in water court on December 31, 2020. 15.3 The maximum rate of the exchanges is estimated not to exceed 10 cfs. Broomfield seeks a decree for whatever exchange rate(s) are determined in this proceeding, even if higher than the estimated rate described in this section. 15.4 The sources of substitute supply for the exchange are the sources described in section 13, above. 15.5 The proposed uses are augmentation and replacement. Broomfield acknowledges that the State and Division Engineers may refer to all or portions of these exchange rights as an “exchange project” or an “exchange project right.” 16. Name(s) and address(es) of owner(s) 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: Aspen Street Land, LLC ℅ Ryan Aweida, Member, 14100 Aspen Street, Broomfield, CO 80020, is the owner of the structure referred to as Wilde Pond in section 7.2.7, above. Broomfield is the owner of land on which any other new diversion or storage structures will be located. No other new diversion or storage structures, or modifications to any existing diversion or storage structures, are involved. 17. Broomfield agrees that it will not use water rights or structures owned by others if it has not first acquired a lawful right to do so.

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

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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 FEBRUARY 2021 (forms available on www.courts.state.co.us or in the Clerk’s office) and must be filed as an Original and include $192.00 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.

SUBSTITUTE WATER SUPPLY PLAN NOTIFICATION LIST

Section 37-92-308(6), C.R.S. directs the State Engineer to establish a notification list for each water division for the purpose of notifying interested parties of requests for the State Engineer’s approval of substitute water supply plans (“SWSP”) filed in that water division pursuant to section 37-92-308, C.R.S. The SWSP notification list is also used to provide notice of proposed water right loans to the Colorado Water Conservation Board for use as instream flows under section 37-83-105(2)(b)(II), C.R.S., notice of applications for the State Engineer’s approval of interruptible water supply agreements under section 37- 92-309(3)(a), C.R.S., notice of applications for fallowing-leasing pilot projects under section 37-60- 115(8)(e)(II), C.R.S., and notice of storm water detention and infiltration facilities under section 37-92- 602(8)(d), C.R.S.

This notice is an invitation to be included on the SWSP notification list. To receive this information by e- mail, provide your name, e-mail address, daytime telephone number, and the water divisions of interest. If you prefer to be noticed by first-class mail, specify that preference and provide your mailing address. Submit the information to: Substitute Water Supply Plan Notification List (c/o Laura Kalafus, Program Assistant), Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203, Phone: (303) 866-3581, or e-mail to: [email protected], or sign up at: https://dwr.colorado.gov/public-information/notification-lists. Additional information regarding Substitute Water Supply Plans is available on the Division of Water Resources' website at: https://dwr.colorado.gov/.

PRODUCED NONTRIBUTARY GROUND WATER NOTIFICATION LIST

Pursuant to Rule 17.5(B)(2) of the Rules and Regulations for the Determination of the Nontributary Nature of Ground Water Produced Through Wells in Conjunction with the Mining of Minerals, at 2 CCR 402-17 (“Rules”), the State Engineer is publishing this invitation to persons to be included on the Produced Nontributary Ground Water Notification List. According to Rule 17.5(B)(2) of the Rules, the State Engineer must establish a Produced Nontributary Ground Water Notification List for each water division within the State of Colorado for the purposes of ensuring that water users within each water division receive adequate notice of proceedings held pursuant to the Rules. In order to establish such notification list, the State Engineer is directed, in January of each year, to cause to have published in the water court resume for each water division this invitation to be included on the Produced Nontributary Ground Water Notification List for the applicable water division.

To receive this information, provide your name, daytime telephone number, the water division(s) of interest, and mailing address for first-class mail service. You may elect to receive this information by e-mail. If you would like to elect electronic service, please provide your name, daytime telephone number, water division(s) of interest, and e-mail address. Submit the information to: Produced Nontributary Ground Water

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Notification List (c/o Laura Kalafus, Program Assistant), Colorado Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203, Phone: (303) 866-3581, or e-mail to: [email protected], or sign up at: https://dwr.colorado.gov/public-information/notification-lists.

Any additional information regarding the Produced Nontributary Ground Water Rules can be found on the Division of Water Resources website at: https://dwr.colorado.gov/

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