DIVISION 5 WATER COURT- FEBRUARY 2020 RESUME

1. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 20CW3 (12CW98, 96CW358-B, 13CW3103, 19CW7) EAGLE COUNTY – GROUNDWATER TRIBUTARY TO TRAVIS CREEK TRIBUTARY TO THE EAGLE RIVER TRIBUTARY TO THE COLORADO RIVER. Robert & Marsha Long; 1501 Classen Dr., Oklahoma City, OK 73106. (405)659-9046. Irons Well No. 1 – Application for Change of Water Right and Amendment to Plan for Augmentation. Decreed Legal Description: NE¼SW¼ of Sec. 27, T.4S, R.83W. of the 6th P.M. 3,050 ft. from the north sec. line and 2,770 ft. from the east sec. line. Appropriation: September 27, 1996. Amount: 15.0 g.p.m., conditional. (not to exceed 0.75 a.f. per year) Uses: domestic, irrigation and fire protection. Proposed Change in Location: UTM: E356155 N4392761 Z13. NE¼SW¼ of Sec. 27, T.4S, R.83W. of the 6th P.M. 1,850 ft. from the south sec. line and 2,580 ft. from the east sec. line. Applicants request this change in location because their building envelope has moved up the mountain closer to Bellyache Ridge Road as the wildlife corridor has changed during the 15 years they have owned the property. Proposed Amendment to Plan for Augmentation: Applicants request an amendment to the plan for augmentation decreed in Case No. 96CW358-B to include the changed location for the Irons Well No. 1. This proposed change in location and amendment to the decreed augmentation plan will not change the lagged depletions for the Irons Well No. 1, as previously decreed in Case No. 96CW358-B. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

2. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 20CW3017 GARFIELD COUNTY. W. MAMM CREEK, NANCY AND BARBARA SPRING, TRIB. TO MAMM CREEK, TRIB. TO COLORADO RIVER. Application for Finding of Reasonable Diligence. Applicants: Barbara A. Pitman and Nancy S. Pitman, c/o Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, CO 81602; 970-945-6546.Summary of Application: Applicant requests a finding of reasonable diligence in the development of the cond. water right for the Jonathan Gant Reservoir, First Enlargement (“Subject Water Right”). Prior Decree Info.: The Subject Water Right was orig. decreed in Case No. W-1622 entered 3/12/1976, with subsequent diligence decrees in Cases No. 80CW440, 84CW44, 88CW49, 94CW40, 00CW144, 06CW247 and 13CW3044 Dist. Court, Water Div. No. 5. Structure: Jonathan Gant Reservoir, First Enlargement. Legal Desc.: NE1/4 NW1/4, Sec. 23, T. 7 S., R. 93 W., 6th P.M. at a pt. whence the N. Quarter Corner of said Sec. 23 bears N. 44 deg., 35’ E., 1,714 ft. Source: W. Mamm Creek and Nancy and Barbara Spring, trib. to Mamm Creek, trib. to the Colorado River. Approp. Date: 8/28/1972. Amt: 10 AF, cond. Use: Irr. Integrated System: Pursuant to the decree entered in Cases No. 06CW247 and 13CW3044, the Jonathan Gant Reservoir, First Enlargement water right described herein is an individual component of Applicant’s integrated water system associated with the property. Consequently, work on one feature of the supply system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of Applicant’s water supply system. See C.R.S. § 37-92-301(4)(b). Name and address of owner of the land upon which the structure is located, or upon which water is or will be placed to beneficial use: Applicants. Examples of work and expenditures done to establish diligence are on file with this court. 6 pgs. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

3. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 20CW3018 EAGLE COUNTY, LAKE CREEK, TRIBUTARY TO THE EAGLE RIVER, TRIBUTARY TO THE COLORADO RIVER, WLC 1003 LLC, 1800 Broadway, Suite 100, Boulder, CO 80302, c/o Michael J. Sawyer, KARP NEU HANLON, P.C., 201 14th Street, Suite 200, P. O. Drawer 2030, Glenwood Springs, CO 81602, (970) 945-2261. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. First Claim: Application for Finding of Reasonable Diligence: Miller Well. Original decree: February 26, 1999, in Case No. 96CW387, in the District Court in and for Water Division No. 5. Subsequent decrees: Case Nos. 05CW34 and 12CW136. Legal description: In Case No. 10CW119, the location of the Miller Well was changed to: SW1/4 NE1/4 of Section 7,

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Township 5 South, Range 82 West of the 6th P.M. at a point 2,845 feet from the South line and 1,595 feet from the East line of said Section 7. Source: Groundwater tributary to Lake Creek, tributary to the Eagle River, tributary to the Colorado River. Appropriation date: August 5, 1996. Amount: 0.033 c.f.s., conditional. Uses: Domestic, irrigation, and stockwatering by direct diversion and, when out of priority, by augmentation. Depth: 265 feet., Well Permit: No. 264157. Claim for diligence: Applicant requests a finding of diligence for 0.033 c.f.s., conditional, for the Miller Well for domestic, irrigation, and stockwatering by direct diversion and, when out of priority, by augmentation. Landowner: Applicant. Second Claim Application for Finding of Reasonable Diligence: Chipman Well. Original decree: February 26, 1999, in Case No. 96CW387, in the District Court in and for Water Division No. 5. Subsequent decrees: Case Nos. 05CW34 and 12CW136. Legal description: The Chipman Well is located at a point in the SW1/4 of the NE1/4 of Section 7, Township 5 South, Range 82 West of the 6th P.M., Eagle County, Colorado, being 2,270 feet from the North section line and 1,430 feet from the East section line of said Section 7. Source: Groundwater tributary to West Lake Creek, tributary to Lake Creek and the Eagle and Colorado Rivers. Appropriation date: December 17, 1991. Amount: 0.024 c.f.s., of which 0.0084 c.f.s., conditional (for all uses) and 0.0156 c.f.s., absolute (for all uses). See Case No. 05CW34. Uses: Domestic, irrigation, and stockwatering by direct diversion and, when out of priority, by augmentation. Depth: 118 feet. Well Permit: No. 054338-F. Claim for diligence: Applicant requests a finding of diligence for 0.0084 c.f.s., conditional, for the Chipman Well for domestic, irrigation, and stockwatering by direct diversion and, when out of priority, by augmentation. Landowner: Miller Chipman Trust, P.O. Box 5500, Avon, CO 81620-5500. Diligence activities: The Application contains a detailed outline of what has been done by Applicant during the diligence period toward or for completion of the appropriation and application of the conditional water rights to beneficial use as decreed, including expenditures. (7 pp. with exhibits) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

4. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 20CW3019 (07CW229) CONCERNING THE APPLICATION FOR WATER RIGHTS OF WEST DIVIDE WATER CONSERVANCY DISTRICT, RIFLE CREEK AND ELK CREEK, TRIBUTARY TO THE COLORADO RIVER IN GARFIELD COUNTY, COLORADO APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE Name, mailing address, email address and telephone number of Applicant:, West Divide Water Conservancy District, P.O. Box 1478, 818 Taughenbaugh Blvd., Suite 101, Rifle, CO 81650, (970) 625-5461, c/o Edward B. Olszewski, Esq., Olszewski, Massih & Maurer, P.C., 1204 Grand Avenue, P.O. Box 916, Glenwood Springs, CO 81602 (970) 928-9100 Please direct all pleadings and correspondence to Applicant’s counsel at the address above. CLAIM FOR FINDING OF REASONABLE DILIGENCE Name of Structures: Rifle Creek and Elk Creek Service Areas Exchanges as described below and as depicted on the maps attached to the Application as Figures 1 & 2. Describe conditional water rights: Date of Original Decree: February 2, 2014 Case No.:07CW229 Court: Garfield County District Court, Water Division No. 5. Description of Exchange: The reaches for each exchange are generally between the Colorado River and the outer boundaries of the Rifle Creek and Elk Creek Service Areas as depicted on the map attached as Figures 1 & 2. The upper and lower termini of the exchanges and exchange amounts are referenced in Figures 1 & 2 by number and are described as follows: Exchange Reach 1: East Rifle Creek to Colorado River; Lower Terminus: 2036 ft from the north section line, 240 ft from the east section line, SE1/4 of NE1/4, Section 17, Township 6S, Range 93W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 870 ft from the north section line, 1180 ft from the east section line, NE1/4 of NE1/4, Section 27, Township 4S, Range 92W of the 6th P.M. in Garfield County, Colorado; Amount: 0.5 cfs. Exchange Reach 2: Unnamed Tributary to Colorado River; Lower Terminus: 2036 ft from the north section line, 240 ft from the east section line, SE1/4 of NE1/4, Section 17, Township 6S, Range 93W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 612 ft from the north section line, 955 ft from the east section line, NE1/4 of NE1/4, Section 17, Township 5S, Range 92W of the 6th P.M. in Garfield County, Colorado; Amount: 0.5 cfs Exchange Reach 3: Unnamed Tributary to Rifle Creek; Lower Terminus: 1975 ft from the north section line, 3300 ft from the east section line, SE1/4 of NW1/4, Section 19, Township 5S, Range 92W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 612 ft from the north section line, 955 ft from the east section line, NE1/4 of NE1/4, Section 17, Township 5S, Range 92W of the 6th P.M. in Garfield County, Colorado; Amount: 0.5 cfs Exchange Reach 4: Unnamed Tributary to Rifle Gap Reservoir; Lower Terminus: 1500 ft from the north section line, 3175 ft from the east section line, SE1/4 of NW1/4, Section 8, Township 5S, Range 92W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 0 ft from the north section line, 1837 ft from the east section line, NW1/4 of NE1/4, Section 5, Township 5S, Range 92W of the 6th P.M. in Garfield County, Colorado; Amount: 0.5 cfs Exchange Reach 5: Unnamed Tributary to Colorado River; Lower Terminus: 2036 ft from the north section line, 240 ft from the east section line, SE1/4 of NE1/4, Section 17, Township 6S, Range 93W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 0 ft from the north section line, 1837 ft from the east section line, NW1/4 of NE1/4, Section 5, Township 5S, Range 92W of the 6th P.M. in Garfield County, Colorado; Amount: 0.5 cfs Exchange Reach 6: Unnamed Tributary to Colorado River; Lower Terminus: 2036 ft from the north section line, 240 ft from the east section line, SE1/4 of NE1/4, Section 17, Township 6S, Range 93W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 646 ft from the north section line, 2978 ft from the east section line, NE1/4 of NW1/4, Section 16, Township 5S, Range 92W of the 6th P.M. in Garfield County,

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Colorado; Amount: 0.5 cfs Exchange Reach 7: Unnamed Tributary to East Rifle Creek; Lower Terminus: 4665 ft from the north section line, 1560 ft from the east section line, SW1/4 of SE1/4, Section 4, Township 5S, Range 92W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 646 ft from the north section line, 2978 ft from the east section line, NE1/4 of NW1/4, Section 16, Township 5S, Range 92W of the 6th P.M. in Garfield County, Colorado; Amount: 0.5 cfs Exchange Reach 8: Unnamed Tributary to Colorado River; Lower Terminus: 2036 ft from the north section line, 240 ft from the east section line, SE1/4 of NE1/4, Section 17, Township 6S, Range 93W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 645 ft from the north section line, 1680 ft from the east section line, NW1/4 of NE1/4, Section 15, Township 5S, Range 92W of the 6th P.M. in Garfield County, Colorado; Amount: 0.5 cfs Exchange Reach 9: Unnamed Tributary to Dry Rifle Creek; Lower Terminus: 4665 ft from the north section line, 1560 ft from the east section line, SW1/4 of SE1/4, Section 4, Township 5S, Range 92W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 645 ft from the north section line, 1680 ft from the east section line, NW1/4 of NE1/4, Section 15, Township 5S, Range 92W of the 6th P.M. in Garfield County, Colorado; Amount: 0.5 cfs Exchange Reach 10: Dry Rifle Creek to Colorado River; Lower Terminus: 2036 ft from the north section line, 240 ft from the east section line, SE1/4 of NE1/4, Section 17, Township 6S, Range 93W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 1910 ft from the north section line, 4395 ft from the east section line, SW1/4 of NW1/4, Section 12, Township 5S, Range 92W of the 6th P.M. in Garfield County, Colorado; Amount: 0.5 cfs Exchange Reach 11: Dry Rifle Creek to East Rifle Creek; Lower Terminus: 4665 ft from the north section line, 1560 ft from the east section line, SW1/4 of SE1/4, Section 4, Township 5S, Range 92W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 1910 ft from the north section line, 4395 ft from the east section line, SW1/4 of NW1/4, Section 12, Township 5S, Range 92W of the 6th P.M. in Garfield County, Colorado; Amount: 0.5 cfs Exchange Reach 12: Unnamed Tributary to Colorado River; Lower Terminus: 2036 ft from the north section line, 240 ft from the east section line, SE1/4 of NE1/4, Section 17, Township 6S, Range 93W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 1115 ft from the north section line, 853 ft from the east section line, NE1/4 of NE1/4, Section 35, Township 4S, Range 92W of the 6th P.M. in Garfield County, Colorado; Amount: 0.5 cfs Exchange Reach 13: Unnamed Tributary to Dry Rifle Creek; Lower Terminus: 4665 ft from the north section line, 1560 ft from the east section line, SW1/4 of SE1/4, Section 4, Township 5S, Range 92W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 1115 ft from the north section line, 853 ft from the east section line, NE1/4 of NE1/4, Section 35, Township 4S, Range 92W of the 6th P.M. in Garfield County, Colorado; Amount: 0.5 cfs Exchange Reach 14: Unnamed Tributary to Colorado River; Lower Terminus: 3544 ft from the north section line, 3832 ft from the east section line, NE1/4 of SW1/4, Section 31, Township 5S, Range 90W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 475 ft from the north section line, 1496 ft from the east section line, NW1/4 of NE1/4, Section 19, Township 5S, Range 91W of the 6th P.M. in Garfield County, Colorado; Amount: 0.5 cfs Exchange Reach 15: Unnamed Tributary to West Elk Creek; Lower Terminus: 1265 ft from the north section line, 3268 ft from the east section line, NE1/4 of NW1/4, Section 16, Township 5S, Range 91W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 475 ft from the north section line, 1496 ft from the east section line, NW1/4 of NE1/4, Section 19, Township 5S, Range 91W of the 6th P.M. in Garfield County, Colorado; Amount: 0.5 cfs Exchange Reach 16: Unnamed Tributary to West Elk Creek; Lower Terminus: 1265 ft from the north section line, 3268 ft from the east section line, NE1/4 of NW1/4, Section 16, Township 5S, Range 91W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 4850 ft from the north section line, 2782 ft from the east section line, SE1/4 of SW1/4, Section 17, Township 5S, Range 91W of the 6th P.M. in Garfield County, Colorado; Amount: 0.5 cfs Exchange Reach 17: Unnamed Tributary to Colorado River; Lower Terminus: 3544 ft from the north section line, 3832 ft from the east section line, NE1/4 of SW1/4, Section 31, Township 5S, Range 90W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 4850 ft from the north section line, 2782 ft from the east section line, SE1/4 of SW1/4, Section 17, Township 5S, Range 91W of the 6th P.M. in Garfield County, Colorado; Amount: 0.5 cfs Exchange Reach 18: Unnamed Tributary to Colorado River; Lower Terminus: 3544 ft from the north section line, 3832 ft from the east section line, NE1/4 of SW1/4, Section 31, Township 5S, Range 90W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 909 ft from the north section line, 395 ft from the east section line, NE1/4 of NE1/4, Section 12, Township 5S, Range 92W of the 6th P.M. in Garfield County, Colorado; Amount: 0.5 cfs Exchange Reach 19: Unnamed Tributary to West Elk Creek; Lower Terminus: 1265 ft from the north section line, 3268 ft from the east section line, NE1/4 of NW1/4, Section 16, Township 5S, Range 91W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 909 ft from the north section line, 395 ft from the east section line, NE1/4 of NE1/4, Section 12, Township 5S, Range 92W of the 6th P.M. in Garfield County, Colorado; Amount: 0.5 cfs Exchange Reach 20: Unnamed Tributary to West Elk Creek; Lower Terminus s: 1265 ft from the north section line, 3268 ft from the east section line, NE1/4 of NW1/4, Section 16, Township 5S, Range 91W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 0 ft from the north section line, 3543 ft from the east section line, NE1/4 of NW1/4, Section 1, Township 5S, Range 92W of the 6th P.M. in Garfield County, Colorado; Amount: 0.5 cfs Exchange Reach 21: Unnamed Tributary to Colorado River; Lower Terminus: 3544 ft from the north section line, 3832 ft from the east section line, NE1/4 of SW1/4, Section 31, Township 5S, Range 90W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 0 ft from the north section line, 3543 ft from the east section line, NE1/4 of NW1/4, Section 1, Township 5S, Range 92W of the 6th P.M. in Garfield County, Colorado; Amount: 0.5 cfs Exchange Reach 22: Unnamed Tributary to Colorado River; Lower Terminus: 3544 ft from the north section line, 3832 ft from the east section line, NE1/4 of SW1/4, Section 31, Township 5S, Range 90W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 0 ft from the north section line, 2245 ft from the east section line, NW1/4 of NE1/4, Section 6, Township 5S, Range 91W of the 6th P.M. in Garfield County, Colorado; Amount: 0.5 cfs Exchange Reach 23: Unnamed Tributary to West Elk Creek; Lower Terminus: 1265 ft from the north section line, 3268 ft from the east section line, NE1/4 of NW1/4, Section 16, Township 5S, Range 91W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 0 ft from the north section line, 2245 ft from the east section line, NW1/4 of NE1/4, Section 6, Township 5S, Range 91W of the 6th P.M. in Garfield County, Colorado; Amount: 0.5 cfs Exchange Reach 24: West Elk Creek to Colorado River; Lower Terminus: 3544 ft from the north section line, 3832 ft from the east section line, NE1/4 of SW1/4, Section 31, Township 5S, Range 90W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 0 ft from the north

FEBRUARY 2020 RESUME WATER DIVISION 5 PAGE 4 section line, 0 ft from the east section line, NE1/4 of NE1/4, Section 5, Township 5S, Range 91W of the 6th P.M. in Garfield County, Colorado; Amount: 0.5 cfs Exchange Reach 25: West Elk Creek; Lower Terminus: 1265 ft from the north section line, 3268 ft from the east section line, NE1/4 of NW1/4, Section 16, Township 5S, Range 91W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 0 ft from the north section line, 0 ft from the east section line, NE1/4 of NE1/4, Section 5, Township 5S, Range 91W of the 6th P.M. in Garfield County, Colorado; Amount: 0.5 cfs Exchange Reach 26: Government Creek to Colorado River; Lower Terminus: 2036 ft from the north section line, 240 ft from the east section line, SE1/4 of NE1/4, Section 17, Township 6S, Range 93W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 290 ft from the north section line, 4675 ft from the east section line, NW1/4 of NW1/4, Section 6, Township 5S, Range 93W of the 6th P.M. in Garfield County, Colorado; Amount: 0.5 cfs Exchange Reach 27: Government Creek to Rifle Creek; Lower Terminus: 815 ft from the north section line, 2670 ft from the east section line, NW1/4 of NE1/4, Section 9, Township 6S, Range 93W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 290 ft from the north section line, 4675 ft from the east section line, NW1/4 of NW1/4, Section 6, Township 5S, Range 93W of the 6th P.M. in Garfield County, Colorado; Amount: 0.5 cfs Exchange Reach 28: Hubbard Gulch to Colorado River; Lower Terminus: 2036 ft from the north section line, 240 ft from the east section line, SE1/4 of NE1/4, Section 17, Township 6S, Range 93W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 1200 ft from the north section line, 2155 ft from the east section line, NW1/4 of NE1/4, Section 33, Township 5S, Range 93W of the 6th P.M. in Garfield County, Colorado; Amount: 0.5 cfs Exchange Reach 29: Hubbard Gulch to Rifle Creek; Lower Terminus: 3655 ft from the north section line, 3950 ft from the east section line, NE1/4 of SW1/4, Section 9, Township 6S, Range 93W of the 6th P.M. in Garfield County, Colorado; Upper Terminus: 1200 ft from the north section line, 2155 ft from the east section line, NW1/4 of NE1/4, Section 33, Township 5S, Range 93W of the 6th P.M. in Garfield County, Colorado; Amount: 0.5 cfs Amount Claimed: for each of the 29 separate exchanges claimed herein the exchange rate is up to 0.5 cfs, conditional. However, the cumulative total of all the exchanges combined shall not exceed 5.0 cfs. The total annual volumetric limitation for all of the exchanges is 100 acre-feet. Appropriation Date: October 1, 2004. The specific points of diversion for wells, surface water rights and reservoirs shall continue to be identified in subsequent applications to make the exchanges absolute and for finding of reasonable diligence on the remaining conditional exchanges.Provide a detailed outline of what has been done toward placing water to beneficial use, including expenditures: Applicant has expended significant staff and consultant time managing and protecting the exchange described above. Applicant maintains its contractual relationships with the Silt Water Conservancy District, Farmers’ Irrigation Company, and Open Heart, LLC and makes annual payments to those entities for the use of facilities necessary to operate the exchanges herein. These payments during the diligence period have totaled approximately $13,952.00. Applicant has also expended $2,750.00 for legal fees and $5,896.00 for engineering and hydrology during the diligence period. During the diligence period, Applicant has monitored cases which could potentially affect the conditional rights herein. During the diligence period, Applicant has been actively engaged in the operation of its Rifle Creek and Elk Creek Service Areas water marketing and augmentation program. This marketing and augmentation program makes augmentation water available to contractees with the Rifle Creek and Elk Creek Service Areas within which the exchange reaches are located. Applicant has issued several water supply contracts within its Rifle Creek and Elk Creek Service Areas. CLAIM TO MAKE ABSOLUTE Applicant also seeks to make a portion of the conditional exchange rights herein absolute. Applicant’s activities and expenditures establish that Applicant has been reasonably diligent in the development of the conditional appropriative rights of exchange within its Rifle Creek and Elk Creek Service Areas. Applicant reaffirmed its intent to develop the subject conditional water rights as claimed in the Application at its Board meeting held February 20, 2020. Applicant claims 0.034 cfs of the conditional exchange rights referenced above should be made absolute by virtue of that water being diverted and placed to beneficial use. The following includes the structures at which a portion of the conditional exchange rights were diverted and placed to beneficial use. Contracts are organized as follows by: Contract, Status, Contractee, Contract Amount, AF, Map ID, UTMx, UTMy, State Structure ID, Structure Name, Well Permit, Monthly Depletions from Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec. E170720OP(a) Active Open Heart, LLLP 1 R14 275408 4388874 3908260 Open Heart Spring 0.000 0.000 0.000 0.000 0.000 0.001 0.001 0.001 0.001 0.001 0.001 0.000 0.39; R070419CLC(a) Active Crone, Carmen A. and Linda M. 1 R3 262002 4384083.5 3908138 Crone Well 65859‐F 0.000 0.000 0.000 0.000 0.000 0.001 0.001 0.001 0.001 0.001 0.001 0.000 0.41; R090716CW(a) Active Warren, Carl G. 1 R9 260260 4380542.2 3908231 Warren Well 68571‐F 0.001 0.001 0.001 0.001 0.001 0.001 0.001 0.001 0.001 0.001 0.001 0.001 0.94; R090917HR(b) Active Hougen, Gregory H. 2.9 R1 255327 4391575.84 3900884 CHR Pipeline 0.000 0.000 0.000 0.001 0.002 0.003 0.003 0.003 0.002 0.001 0.000 0.000 0.98; R110301POR(a) Active 3.8 Colorado Division of Parks and Wildlife, 265200 4390325.22 3905706; Rifle Gap Well No. 1 76933‐F R10b 264784 4390223.22 3905707 Rifle Gap Well No. 2 76932‐F R10c 265354 4390447.22 3905708 Rifle Gap Well No. 3 76934‐F 0.002 0.003 0.003 0.025 0.000 0.001 0.000 0.002 0.013 0.011 0.001 0.002 3.80; R140918JS(a) Active Shaffer, Joanna 2.48 R11 261965 4383915.47 3908250 Shaffer Well 79526‐F 0.002 0.002 0.002 0.002 0.003 0.004 0.005 0.005 0.005 0.004 0.003 0.003 2.39; R150723WLL(b) Active Langstaff, Elaine 1 R12 269945 4391021 5300823 Surprise Ditch 0.000 0.000 0.000 0.000 0.002 0.003 0.004 0.003 0.002 0.001 0.000 0.000 0.96; R170420WW(a) Active Wilde, William 1.59 R13 262855 4386396 3908142 Wilde Well 80938‐F 0.001 0.001 0.001 0.002 0.002 0.003 0.004 0.004 0.003 0.002 0.002 0.001 1.59; R900416EFH(b) Active Brynildson, Scott and Linda 1 R2 262380 4382434.8 3908118 Henry well 37322‐F 0.001 0.001 0.001 0.001 0.002 0.002 0.003 0.004 0.004 0.003 0.002 0.002 1.60; R900524JSM(a) Active Isham, Jon 1 R7 261189 4380715.9 3900845 Isham Springs 1‐9 0.000 0.000 0.000 0.001 0.002 0.002 0.002 0.002 0.001 0.001 0.000 0.000 0.71. See Table in Application. Claim to make absolute: Applicant claims an additional 0.034 cfs of the Rifle Creek and Elk Creek Exchanges totaling 13.77 acre feet of water should be made absolute by reason of the diversion and beneficial use of that water. Applicant continues to develop its conditional water rights and requests the Court find the Applicant has been reasonably diligent in the development of its conditional water rights. Applicant further requests the Court find that 0.034 cfs or 13.77 acre feet of its conditional exchange rights have been made absolute by the diversion and application of that water to beneficial use. 9 pages, 2 maps, 2 tables.

FEBRUARY 2020 RESUME WATER DIVISION 5 PAGE 5

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

5. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 20CW3020 GARFIELD COUNTY, COLORADO RIVER. Application for Absolute Water Storage Right. Ben & Jil Hegwer, c/o Ryan Jarvis & Jeff Houpt of Beattie, Houpt & Jarvis, 932 Cooper Ave, Glenwood Springs, 970-945-8659. Home Ranch Pond: Location: UTM Easting = 263494, UTM Northing = 4381219 (Zone 13). Source: Local runoff, wastewater, tailwater, and irrigation return flows, including from Rifle Creek Canon Ditch, a/k/a Rifle Creek Canon Ditch, a/k/a Rifle Creek Canyon Ditch, tributary to the Colorado River. Appropriation date: 04/27/1921. Date applied to beneficial use: 09/01/1959. Amount: 3.5 af, absolute. Uses: Stockwatering and irrigation. Surface area: 0.88 acres. Vertical height: 6 ft. Length: 260 ft. Total capacity: 3.5 af. Active capacity: 1.5 af. Dead storage: 2 af. Number and location of acres irrigated: Up to 1.0 acre on Applicants’ property. Remarks: This application involves the same source of water derived from the same point of diversion from the same stream as the Chair Bar Gathering Reservoir, which is one of the structures that is the subject of Case No. 19CW19 that was filed in Div 5 Water Court by Ed Chamberlain on 12/31/19. Applicants have filed a Statement of Opposition in that case. Pursuant to C.R.S. § 37-92-306.1, the filing date of this application shall relate back to the filing date of the application filed in Case No. 19CW19. Owners of land: Applicants. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

6. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 20CW3021 GARFIELD COUNTY, COLORADO RIVER. Application for Absolute Surface Water Right. Dale & Gail Coombs, c/o Ryan Jarvis & Jeff Houpt of Beattie, Houpt & Jarvis, 932 Cooper Ave, Glenwood Springs, 970-945-8659. Coombs Ditch: Location: UTM Easting = 263494, UTM Northing = 4381219 (Zone 13). Source: Overflows and releases from the Home Ranch Pond, and local runoff, wastewater, tailwater, and irrigation return flows, including from Rifle Creek Canon Ditch, a/k/a Rifle Creek Canon Ditch, a/k/a Rifle Creek Canyon Ditch, tributary to the Colorado River. Appropriation date: 04/27/1921. Date water applied to beneficial use: 09/01/1959. Amount: 1.0 c.f.s., absolute. Uses: Irrigation and stockwatering. Number and location of acres irrigated: Up to 35 acres within Applicants’ property. Remarks: This application involves the same source of water derived from the same point of diversion from the same stream as the Chair Bar Ditch, which is one of the structures that is the subject of Case No. 19CW19 that was filed in Div 5 Water Court by Ed Chamberlain on 12/31/19. Applicants have filed a Statement of Opposition in that case. Pursuant to C.R.S. §37- 92-306.1, the filing date of this application shall relate back to the filing date of the application filed in Case No. 19CW19. Owners of land: Ben & Jil Hegwer, 981 Home Ranch Rd, Rifle, CO 81650. (4 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

7. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 20CW3022 PITKIN COUNTY – ROARING FORK RIVER AND ITS TRIBUTARIES. SAH Trust for Sarah A. Schneider, dated January 31, 2003, c/o Scott C. Miller Esq. and John M. Sittler, Esq., Patrick, Miller & Noto, P.C., 229 Midland Ave., Basalt, CO 81621 (970) 920-1030. APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE. First Claim: Rogers Pump and Pipeline. Original

FEBRUARY 2020 RESUME WATER DIVISION 5 PAGE 6 decree: Case No. 05CW179, Division 5 Water Court, August 27, 2007. Legal Description: SE ¼, SW ¼ of Section 5, Township 9 S, Range 85 W of the 6th P.M., at a point 1,550 feet from the West Section line and 50 feet from the South Section line. Source: Roaring Fork River. Appropriation date: September 29, 2005. Amount: 0.0875 c.f.s. conditional. Uses: irrigation and to fill and refill Rogers Pond. Second Claim: Rogers Pond. Original decree: Case No. 05CW179, Division 5 Water Court, August 27, 2007. Legal Description: SE¼, SW¼ of Section 5, Township 9 S, Range 85 W of the 6th P.M., at a point 1,750 feet from the West Section line and 250 feet from the South Section line. Source: Rogers Pump and Pipeline, diverting from the Roaring Fork River. Appropriation date: September 29, 2005. Amount: 3.0 acre-feet, conditional. Uses: irrigation, aesthetics, watering of up to four animals, augmentation, fish and wildlife, recreation, and fire protection. Surface area of high water line: 0.40 acres; max dam height: 10 ft; dam length: 200 ft; total capacity: 3.0 acre-feet active. Third Claim: Conditional Right of Exchange. Original decree: Case No. 05CW179, Division 5 Water Court, August 27, 2007. Legal Description: Downstream terminus: The confluence of the Roaring Fork and Colorado Rivers in the SE¼, NW¼ of Section 9, Township 6 S, Range 89 W of the 6th P.M., at a point approximately 2,200 feet from the North Section line and 2,350 feet from the West Section line. Upstream terminus: Rogers Pump Station described in First Claim. Source: Roaring Fork River. Appropriation date: September 29, 2005. Amount: 0.025 c.f.s., conditional. Uses: Exchange for augmentation plan decreed in Case No. 05CW179, Division 5 Water Court. Irrigated area: 3 acres in the SE ¼ of the SW ¼, Section 5, Township 9 South, Range 85 West of the 6th P.M. Applicant owns the land where water rights are located and put to beneficial use. General location of place of use is 206 Letey Lane, Woody Creek, Colorado, 81656. Map of water rights is on file with the Court as Exhibit A. Map of irrigated area is on file with the Court as Exhibit B. A detailed outline of work performed toward completion of appropriation is on file with the Court as Exhibit C. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

8. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 20CW3023 PITKIN COUNTY – COLORADO RIVER AND ITS TRIBUTARIES. Conundrum + Castle, LLC c/o Kevin L. Patrick, Esq. and John M. Sittler, Esq., Patrick, Miller & Noto, P.C., 229 Midland Ave., Basalt, CO 81621 (970) 920-1030. APPLICATION FOR UNDERGROUND WATER RIGHT AND APPROVAL OF PLAN FOR AUGMENTATION INCLUDING EXCHANGE. First Claim: C+C Well. Legal Description: SW ¼ of the NE ¼ of Section 2, Township 11 South, Range 85 West of the 6th P.M. at a point 1,840 feet from the north section line and 1,770 feet from the east section line. Source: Castle Creek alluvium, tributary to Roaring Fork and Colorado Rivers. Appropriation date: December 31, 1981 by drilling of well and application of well to beneficial use. Date of beneficial use: December 31, 1981. Amount: 15 gpm or 0.033 cfs, absolute, and up to 0.4 acre-foot annually. Uses: Domestic for one single-family residence, irrigation of up to 1,000 square feet of home lawns and gardens, fire protection. Irrigated area is shown on Exhibit A, on file with the court. Second Claim: Approval of Plan for Augmentation. Augmented structure: C+C Well. Water right used for augmentation: BWCD Contract for 0.1 acre-foot from the following sources: Green Mountain Reservoir: NE ¼ SE ¼ of Section 15, Township 2 S., Range 80 W. of the 6th P.M., at a point approximately 2312 feet from the South section line and 992 feet from the East section line (Summit County); Ruedi Reservoir: NW ¼ NW ¼ of Section 18, Township 8 South, Range 84 West, of the 6th P.M., at a point approximately 324 feet from the North section line and 984 feet from the West section line (Eagle and Pitkin Counties); Troy Ditch: NW ¼ NE ¼ of Section 14, Township 8 S., Range 84 W. of the 6th P.M., at a point approximately 285 feet from the South section line and 967 feet from the East section line (Pitkin County); Edith Ditch: SW ¼ SW ¼ of Section 12, Township 8 S., Range 84 W. of the 6th P.M., at a point approximately 326 feet from the South section line and 981 feet from the West section line (Eagle County); Robinson Ditch: NW ¼ SE ¼ of Section 11, Township 8 S., Range 87 W. of the 6th P.M., at a point approximately 2307 feet from the South section line and 2309 feet from the East section line (Eagle County). A complete statement of plan for augmentation is included with the application. A table describing water demands and depletions is on file with the court as Exhibit B. A map of the exchange reach from Case No. 19CW3169 and this application is on file with the court as Exhibit C. Applicant owns the land where the C+C Well is located and put to beneficial use. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

9. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2020. The water right claimed by this application

FEBRUARY 2020 RESUME WATER DIVISION 5 PAGE 7 may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 20CW3024 (CA1193; 06CW225; 13CW3045) EAGLE COUNTY, LAKE COUNTY, AND PITKIN COUNTY. EAGLE RIVER AND CERTAIN TRIBUTARIES THEREOF. Application for a Finding of Diligence and to Make Water Rights Absolute in part. Applicant: Homestake Steering Committee, c/o Karl D. Ohlsen and Katrina B. Fiscella, Carlson, Hammond & Paddock, LLC, 1900 N. Grant St., Suite 1200, Denver, CO 80203, (303) 861-9000; City of Aurora: John M. Dingess, Hamre, Rodriguez, Ostrander & Dingess, P.C., 3600 S. Yosemite St., Ste. 500, Denver, CO 80237, (303) 779-0200; City of Colorado Springs, acting by and through its enterprise, Colorado Springs Utilities: Wynetta P. Massey and Michael J. Gustafson, City Attorney’s Office – Utilities Division, P.O. Box 1575, Mail Code 510, 30 South Nevada Avenue, Suite 501, Colorado Springs, CO 80901, Phone: (719) 385-5909. Pleadings should be served on the undersigned counsel for the Applicants. 2. Names of Structures: A. Homestake Conduit; B. East Fork Conduit; C. Homestake Tunnel; D. Homestake Reservoir; E. Eagle-Arkansas Ditch, all of which are component parts of the Homestake Project, a joint venture of the City of Colorado Springs and the City of Aurora. 3. Describe conditional water rights: A. Date of Original Decree: June 8, 1962; Case No.: CA1193; Court: Eagle County District Court. B. List all subsequent decrees awarding findings of diligence: (1) February 9, 2014; Case No. 13CW3045; Division 5 Water Court; (2) September 17, 2007; Case No. 06CW225; Division 5 Water Court; (3) October 2, 2000; Case No. 00CW37; Division 5 Water Court; (4) March 14, 1994; Case No. 90CW117; Division 5 Water Court; (5) March 6, 1987; Case No. 86CW141; Division 5 Water Court; (6) September 27, 1984; Case No. 82CW120; Division 5 Water Court; (7) August 19, 1980; Case No. W-2321-78; Division 5 Water Court; (8) December 12, 1974; Case No. W-2321; Division 5 Water Court; (9) June 14, 1973; Case No. W-620; Division 5 Water Court; (10) June 14, 1971; Case No. W-45; Division 5 Water Court; (11) July 10, 1968; Case No. CA-1193; Eagle County District Court. C. Locations (Legal Descriptions from the most recent decree that adjudicated the locations; N.B. Decree in 95CW272A, which changed points of diversion of Homestake Conduit): (1) Homestake Conduit. (a) Blodgett Reservoir: located on Homestake Creek within the NE¼ of the NE¼ of Section 6, T7S, R80W of the 6th P.M. at a point approximately 1,050 feet south of the north section line and 800 feet west of the east section line, Eagle County, Colorado. (b) Homestake Creek Intake: located within the NE¼ of the SE¼ of Section 31, T6S, R80W of the 6th P.M. Eagle County, Colorado, at a point on Homestake Creek approximately 1,900 feet North of the South section line and 75 feet West of the East section line. (c) Turkey Creek Intake: located within the SW¼ of the NW¼ of Section 20, T6S, R80W of the 6th P.M., Eagle County, Colorado at a point on Turkey Creek approximately 1,500 feet South of the North section line and 880 feet East of the West section line. (d) Cross Creek Intake of Eagle- Cross Pump and Pipeline: located within the SE¼ of the SW¼ Section 36, T5S, R81W of the 6th P.M. at a point on Cross Creek approximately 2,000 feet East of the West section line and 1,250 feet North of the South section line. (e) Fall Creek Intake of Eagle- Cross Pump and Pipeline: located within the SW¼ of the NW¼ of Section 13, T6S, R81W of the 6th P.M. at a point on Fall Creek approximately 4,300 feet East of the West section line and 2,400 feet South of the North section line. (f) Peterson Creek Intake of Eagle- Cross Pump and Pipeline: located within the NW¼ of the NE¼ of Section 24, T6S, R81W of the 6th P.M. at a point on Peterson Creek approximately 1,400 feet West of the East section line and 1,100 feet South of the North section line. (g) Eagle River Diversion of Eagle-Cross Pump and Pipeline: located within the SE¼ of the SW¼ of Section 19, T6S, R80W of the 6th P.M. at a point on the Eagle River approximately 1,100 feet North of the South section line and 1,750 feet East of the West section line. (h) French Creek Intake: S 82◦ 18.3’E 20, 988 ft. to NW cor 31-7S-80W. (i) Fancy Creek Intake: N 85◦ 10.5’E 25, 280 ft. to NW cor 31-7S-80W. (j) Missouri Creek Intake: N 77◦ 12.4’E 28, 800 ft. to NW cor 31-7S-80W. (k) Sopris Creek Intake: N 74◦ 7.6’E 29, 848 ft. to NW cor 31-7S-80W. (l) Peterson Creek Intake: Alternate Point: S 64° 05’E 6,822 ft. to NW cor Section 6, Township 7 South, Range 80 West S 76° 2.9’ E 6, 474 ft. to NW cor Section 6, Township 7 South, Range 80 West. Pursuant to the decree in Case No. 95CW272A, the structures described in Paragraphs 3.C.(1)(a) – (l) above are points of diversion and alternate points of diversion for the decreed Homestake Conduit water rights described in Table 1 below:

TABLE 1 – Homestake Conduit Stream or Amounts Source Diversion Points A= Absolute; C= of Supply Conditional Unnamed Creek (near Blodgett Reservoir (Blodgett); Homestake Creek Intake (HC); 60 cfs C Cross Creek below Turkey Creek Intake (TC); Cross Creek Intake (CC); Fall Creek West Cross confluence Intake (FC); Peterson Creek Intake of Eagle-Cross Pump and – Homestake Conduit) Pipeline (PC2); Eagle River Intake (ER) West Cross Creek Blodgett; HC; TC; CC; FC; PC2; ER 200 cfs C Cross Creek Blodgett; FC; PC2; ER 300 cfs C East Cross Creek Blodgett; FC; PC2; ER 130 cfs C Fall Creek Blodgett; FC; PC2; ER 260 cfs C Peterson Creek Blodgett; FC; Peterson Creek (PC1); PC2; ER 50 cfs C Unnamed Creek Blodgett; FC; PC2; ER 50 cfs C (tributary to Homestake Creek – Homestake Conduit) Whitney Creek Blodgett; FC; PC2; ER 80 cfs C

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French Creek French Creek Intake 62.18 cfs A French Creek French Creek Intake, Blodgett, HC, TC, CC, FC, PC2, ER 117.82 cfs C Fancy Creek Fancy Creek Intake 38.6 cfs A Fancy Creek Fancy Creek Intake; Blodgett, HC, TC, CC, FC, PC2, ER 91.4 cfs C Missouri Creek Missouri Creek Intake 39.8 cfs A Missouri Creek Missouri Creek Intake; Blodgett, HC, TC, CC, FC, PC2, ER 80.2 cfs C Sopris Creek Sopris Creek Intake 41.3 cfs A Sopris Creek Sopris Creek Intake; Blodgett, HC, TC, CC, FC, PC2, ER 118.7 cfs C Small unnamed Blodgett, HC, TC, CC, FC, PC2, ER 120 cfs C streams, seeps, sheet flows and ground waters along conduit Total ...... 181.88 c.f.s A 1658.2 c.f.s C (2) East Fork Conduit. The East Fork Conduit diverts water from the East Fork of Homestake Creek pursuant to its appropriation of 74.63 cubic feet per second of time ABSOLUTE and 185.37 cubic feet per second of time CONDITIONAL therefrom and conveys these waters to Homestake Reservoir for conveyance to Homestake Tunnel or storage in the reservoir, said East Fork Conduit having a capacity of 260 cubic feet per second of time and a total length of approximately 3093 feet. The point of diversion of said conduit is on East Fork Homestake Creek at a point whence the Northwest Corner of Section 31, T7S, R80W bears North 55° 40.5' East, 22,917 feet. (3) Homestake Tunnel. Homestake Tunnel under the Continental Divide for the conveyance of water into the Arkansas River Basin with its intake located at a point under Homestake Reservoir whence the Northwest corner of Section 10, T9S, R81 W of the 6th P.M. bears South 15° 27’08” East 26,173.03 feet appropriates a maximum amount of 10 cubic feet per second of time CONDITIONAL of water seeping and percolating into Homestake Tunnel from former Water District No. 37 areas and 300 cubic feet per second of time ABSOLUTE from Middle Fork of Homestake Creek, at its said Northerly portal, its point of diversion; said tunnel has a length of 27,400 feet and a capacity of 700 cubic feet per second of time. The tunnel will convey out of former Water District No. 37 up to 700 cubic feet per second of time of waters appropriated by the tunnel from the Middle Fork of Homestake Creek, together with water appropriated by the tunnel from the Homestake Creek and East Fork Conduits and Homestake Reservoir, to an outlet at a point from where the Northwest corner of Section 10, T9S, R81W of the 6th P.M. bears North 6°40'52" East, a distance of 2,173.54 feet. (4) Homestake Reservoir. Homestake Reservoir, also known as Elliott-Weers Reservoir, has an ABSOLUTE capacity of 43,504.7 acre feet and CONDITIONAL capacity of 83,338.98 acre feet, for a total capacity of 126,843.68 acre feet. Homestake Reservoir is located on Homestake Creek with a dam whence Homestake Peak bears South 73° 26' East 10,477 feet from the easterly end thereof and South 74° 57' East 13,347 feet from the westerly end thereof, said dam having a maximum height of 411.5 feet and a length of 3,380 feet. The sources of supply of said reservoir are Homestake Conduit (the sources of this conduit as set forth in paragraph [3.C.(1)], East Fork Conduit (the source of this conduit as set forth in paragraph [3.C.(2)], the Middle Fork of Homestake Creek and Homestake Creek and said reservoir has appropriated for storage 83,338.98 acre feet annually from said sources. Homestake Reservoir also conveys water from Homestake Conduit and East Fork Conduit to Homestake Tunnel. Existing Homestake Reservoir has a storage capacity of 43,504.7 acre feet ABSOLUTE and is located on Homestake Creek with a dam whence the NW Corner of Section 31, T7S, R80W of the 6th P.M. bears North 58° 30.6' East 24,659 feet from the East dam abutment and North 62° 25.8' East 25,746 feet from the West dam abutment; said dam has a maximum height of 265.0 feet and a length of 1,996 feet. The sources of supply of said existing Homestake Reservoir are Homestake Conduit, East Fork Conduit, the Middle Fork of Homestake Creek and Homestake Creek. Existing Homestake Reservoir stores and conveys water from said sources to Homestake Tunnel. (5) Eagle-Arkansas Ditch. The Eagle-Arkansas Ditch receives and delivers into the Tennessee Pass Tunnel for conveyance under the Continental Divide and out of former Water District No. 37 into the Arkansas River Basin the water appropriated from the sources as described in Table 2 below: TABLE 2 – Eagle-Arkansas Ditch Stream or Amount (c.f.s.) Other Source Point of Diversion A = Absolute of Supply (Bearing and distance to land corners of the Sections, Ranges and C = Conditional Townships Indicated, all refer to 6th P.M.) Cataract Creek S 54◦ 46’35”W 3,147.15 ft. to E/4 cor Sec 24-7S-80W 90 C Sheep Gulch S 61◦ 59’03”W 262.66 ft. to NW cor Sec 29-7S-79W 20 C East Fork Eagle N 27◦ 54’39”E 1,328.12 ft. to E/4 cor Sec 32-7S-79W 230 C River Jones Gulch N 29◦ 19’38”E 826.82 ft. to E/4 cor Sec 26-7S-80W 90 C Fiddler Creek N 83◦ 20’47”W 1,360.22 ft. to NW cor Sec 2-8S-80W 30 C Taylor Gulch S 9◦ 66’55”W 6,128.68 ft. to SW cor Sec 11-8S-80W 20 C Piney Creek S 52◦ 18’04”W 2,193.82 ft. to SW cor Sec 11-8S-80W 20 C

FEBRUARY 2020 RESUME WATER DIVISION 5 PAGE 9

Small unnamed streams, springs, seeps, sheet flows and ground water along Eagle-Arkansas Ditch, one of which is located at a point on an unnamed tributary of the East Fork of The Eagle River whence the S¼ cor of S¼ cor of Sec 29-7S-79W of the 6th P.M. bears 30 C S60◦9'47"W, a distance of 1,551.06 ft. ______Total ...... 530 C D. Sources: The Sources of the Homestake Project Water Rights are described in Paragraphs 3.C.(1) through 3.C.(5) above. E. Appropriation Date: For all water rights of the Homestake Project: September 22, 1952. Amounts: The component parts of the Homestake Project were awarded conditional priorities in the amounts set forth in paragraphs 3.B.(1) through 3.B.(5) above, and overall amounts and ditch or reservoir numbers and priority numbers as set forth on Table 3 below: TABLE 3 – Homestake Project Priorities and Amounts Number Name of Homestake Project of Ditch or Reservoir Original Priority Water Ditch Construction or No. Allowed Enlargement A = Absolute C = Conditional 358 ½ A Homestake Conduit Original 536 ½ A 181.88 cfs A 1658.2 cfs C 358 ½ B East Fork Conduit Original 536 ½ B 74.63 cfs A 185.37 cfs C 358 ½ C Homestake Tunnel Original 536 ½ C 300 cfs A 10.0 cfs C (10 cfs is seepage & percolation) 358 ½ D Homestake Reservoir Original 536 ½ D 43,504.7AF A 83,338.98AF C 358 ½ E Eagle-Arkansas Ditch Original 536 ½ E 530 cfs C F. Decreed Uses: (1) The Homestake Project comprises a system of works, including ditches, tunnels and reservoirs, for the collection, diversion, storage, regulation, and transportation of water to supply the water works and water systems of the City of Colorado Springs, the City of Aurora and other entities and persons as may use the water from the City of Colorado Springs and City of Aurora for domestic and municipal uses, and other uses made of water furnished through municipal and other water systems furnishing water to inhabitants of municipalities and suburban areas, including in such uses, but not by way of limitation or exclusion, domestic and household uses, industrial, business and mechanical uses, generation of power, sewage treatment, street sprinkling and washing, watering of parks, lawns and gardens, fire protection and other use as may be necessary or proper to safeguard the health and welfare of the persons and communities using this water, including such uses as may be necessary, proper, or incident to providing a safe, firm and adequate supply of water for the present and future water needs of the communities and the inhabitants thereof to be served by this water supply. (2) In addition, pursuant to the decree in Case No. 95CW272A, the decreed uses include: (a) Exchange, augmentation, aquifer recharge, municipal, irrigation, commercial, domestic, industrial, snowmaking, recreation, fishery, wetland creation and irrigation, wildlife and including delivery to the Cities of Aurora and Colorado Springs, Colorado, for all such uses, and for reuse and successive use to extinction by the Cities of all such water delivered to the Eastern Slope. (b) Description of Non-Irrigation Purposes: Applicants may utilize the storage rights for purposes of developing their vested or conditionally decreed water rights, including those for the Homestake Project; for transmountain diversions directly to the Eastern Slope; and for meeting federal, state and local permit conditions that necessitate the use of water resources. Applicants may also use or transport water from this source for municipal, commercial, domestic, industrial, snowmaking, recreation, fishery, wildlife, exchange, and augmentation uses in the service areas of the Colorado River Water Conservation District, the Upper Eagle Regional Water Authority, and the Eagle River Water and Sanitation District as they now or hereafter exist, and of Cyprus-Climax Metals Company and Vail Associates, as they now exist. Water delivered to the Eastern Slope may be used within any area capable of being served by these diversion and storage points and the Applicants’ municipal water supply systems for any water supply obligations of Applicants for municipal and domestic purposes including, but not limited to, fire protection, irrigation of lawns, gardens, parks, private and municipal facilities, sanitary, commercial, manufacturing, mechanical and industrial use, recreational purposes, creation and maintenance of wetlands, stock watering, fish and wildlife propagation, allowable instream uses, if any, snowmaking, revegetation, storage and maintenance of storage reserves, reservoir evaporation replacement, augmentation, exchange, and replacement purposes, and for use, reuse for successive uses, disposition following initial use, and reuse until extinction. (c) Total Number of Acres Proposed to be Irrigated: Up to 275 acres within Eagle Park as described below. Applicants also reserve the right to use the water decreed herein for irrigation purposes within their respective water service areas. Legal Description of Acreage Irrigated or to be Irrigated: The acreage to be irrigated on the Western Slope is located entirely within T7S, R80W of the 6th P.M in an area comprising approximately 1,450 surface acres, in the following sections, commonly known as Eagle Park or Camp Hale (“Eagle Park”): Section 3: Part of the SW¼ of the SW¼; Section 4: Part of the SE¼; Section 9: Part of the E½; Section 10: Part of the W½ of the NW¼, Part of the NW¼ of the SW¼, Part of the S½ of the SW¼, Part of the SW¼ of the SE¼; Section 15: Part of the W½, Part of the W½ of the NE¼, Part of the SE¼; Section 16: Part of the E½ of the NE¼, Part of the NW¼ of the NE¼; Section 22: Part of the E½, Part of the E½ of the NW¼, Part of the NE¼ of the SW¼; Section 23: Part of the S½, Part of the S½ of the NW¼, Part of the SW¼ of the NE¼; Section 24: Part of the SW¼. (d) Augmentation Use. Augmentation use of the water diverted on the subject rights on the Western Slope may be made in the service areas of the Colorado River Water Conservation District, the Upper Eagle Regional Water

FEBRUARY 2020 RESUME WATER DIVISION 5 PAGE 10

Authority, and the Eagle River Water and Sanitation District, as they now or hereafter exist and of Cyprus-Climax Metals Company and Vail Associates, as they now exist, pursuant to agreement with the Applicants and in accordance with the terms of separately decreed augmentation plans providing for such use for the structures to be augmented. (e) Reuse and Successive Use to Extinction: Water imported to the Eastern Slope may be used, reused, successively used, and fully consumed on the Eastern Slope. No reuse or successive use of the water rights shall be made on the Western Slope without a subsequent proceeding confirming such reuse or successive use. The 95CW272A Decree neither precludes the Applicants or their privies in interest from claiming a right of reuse of the changed water rights on the Western Slope, nor confirms a right to reuse or successive use of such water on the Western Slope, creates any presumption, shifts the burden of proof, or serves as a defense in such subsequent proceeding. 4. Integrated System: The Homestake Project is an integrated water supply project including the foregoing conditional and absolute water rights and collection, storage, and transmission structures, as well as additional related water rights and facilities located in the Colorado, Arkansas, and South Platte River basins. Further, the Homestake Project is integrated into the integrated water supply systems of the City of Colorado Springs and the City of Aurora. Diligence in the development of any conditional water right or any portion of the integrated systems shall be considered in determining diligence as to all conditional water rights and portions of the integrated system. 5. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: A. Diligence activities: The Applicants engaged in extensive work during the diligence period to develop the subject water rights, comprising work to advance and effect application of the conditional rights to beneficial use, work to maintain and protect existing infrastructure and water rights needed for development and use of the subject water rights, and work in maintaining, protecting, and developing the Applicants’ respective integrated water supply systems, including the following: (1) During the diligence period, the Applicants completed adjudication in the Division 5 Water Court of Case No. 16CW3022 (88CW449; 08CW111), and a decree was entered on September 17, 2017. That decree sought a finding of reasonable diligence for water rights and exchanges involving structures to be developed and used in conjunction with and as part of the integrated Homestake Project. (2) On June 10, 2018, the Applicants secured entry of a decree in Case No. 17CW3064 (95CW272A), Water Division No. 5 confirming diligence and continuing in effect conditional water rights originally decreed in Case No. 95CW272A, which comprise part of the integrated Homestake Project. (3) On June 18, 2017, the Applicants, with certain West Slope co-applicants, secured entry of a decree in Case No. 16CW3131 (98CW270; 09CW17), Water Division No. 5, confirming diligence and continuing in effect water rights originally decreed in Case No. 98CW270, which involve the subject water rights. (4) During the diligence period, the Applicants have pursued development of infrastructure required to develop the subject water rights, including the subject water rights decreed to the Eagle-Arkansas Ditch. To that end, the Applicants have secured engineering studies by staff and outside engineering consultants of potential diversion, storage, and transmission structures, alignments, and operations to collect and transport the decreed water. (5) The Applicants continued to pursue development of a joint project or projects as contemplated by the 1998 Eagle River MOU with Vail Associates, Upper Eagle River Regional Water Authority, Eagle River Water and Sanitation District, Cypress Climax Mining Company and the Colorado River Water Conservation District. In pursuit of the project, the Applicants engaged in monthly discussions and negotiations regarding joint development of the joint projects and initiatives. (6) On January 5, 2010, the Applicants entered into a Consolidated Water Exchange Agreement with the Eagle Park Reservoir Company, Colorado River Water Conservation District, Eagle River Water and Sanitation District, Upper Eagle Regional Water Authority, and Vail Associates, Inc., revising, consolidating, and expanding prior agreements among the parties by which water is augmented into Homestake Reservoir and water is released from the reservoir to or for the benefit of the West Slope parties; on January 26, 2010, Applicant City of Aurora entered into a Water Delivery Agreement with the Eagle Park Reservoir Company involving the subject water rights. Applicants continued to operate and act pursuant to these agreements during the diligence period. (7) The Applicants participated in the development of the Upper Colorado River Wild and Scenic Stakeholder Group Management Plan to protect outstandingly remarkable values (ORVs) in Segments 4 through 7 of the Colorado River mainstem that was submitted to the Bureau of Land Management in 2011, and have continued to participate in the alternative plan proposed and set out in the Management Plan during this diligence period. Specifically, the Applicants have worked to ensure that development of the subject water rights and the integrated Homestake Project will be consistent with wild and scenic river management of the Colorado River segments 4 through 7. (8) During the diligence period, the Applicants have participated in the Camp Hale – Eagle River Headwaters Collaborative, and its efforts to develop initiatives to preserve, protect and rehabilitate the Camp Hale area. The Applicants have continued to work to ensure that efforts to rehabilitate and/or develop the land areas and to develop the subject water rights and integrated Homestake Project are consistent and harmonious. (9) During the diligence period, the Applicants have supported and participated in the Eagle River Watershed Council Board and its activities to protect and enhance the natural, scenic, and economic values that rivers and tributaries provide, and to promote the interconnected conservation values the watershed represents to diverse interest groups that benefit from its continued health. In this connection, the Applicants have worked to ensure that development of the subject water rights and the integrated Homestake Project will be consistent with the watershed activities, education, and restoration efforts of the Eagle River Watershed Council. (10) During the diligence period, the Applicants have supported and participated in the Eagle River Community Water Plan (ERCWP), including modeling and planning in the Upper Eagle River Basin and have worked to ensure that development of the subject water rights and the integrated Homestake Project are incorporated in the ERCWP efforts. (11) During the diligence period, the Applicants have supported and participated in the Eagle River Watershed Water Quality Data Collection and Assessment Program, which began with a United States Geological Survey Eagle River Watershed Retrospective Assessment Program. The continued monitoring and assessment efforts are currently coordinated through the Eagle River Watershed Council to identify water quality conditions and trends. The Applicants have worked to understand water quality conditions and potential negative and positive effects for potential diversion, storage, transmission alignments and operations to collect and transport the subject water rights. (12) During the diligence period, the Applicants promoted the development of the Subject Water Rights through the inclusion of

FEBRUARY 2020 RESUME WATER DIVISION 5 PAGE 11 the Eagle River MOU Project as an Identified Project and Process (IPP) in the Arkansas, Colorado, and South Platte River Basin Implementation Plans to meet the future water supply needs of Aurora and Colorado Springs, consistent with the goals of the Colorado Water Plan. (13) During the diligence period the Applicants have made capital improvements to existing structures and facilities of the Homestake Project, including the Homestake Dam Rehabilitation Project and the Arkansas River Diversion Dam Project. In connection with the Homestake Dam Rehabilitation Project, planning for which began in 2009, the Applicants obtained land use review and permits from local governmental authorities and the United States Forest Service, executed an approved Substitute Water Supply Plan to address potential out-of-priority diversion during project construction, and water agreements with the City and County of Denver and the Eagle Park Reservoir Company in furtherance of the SWSP; and continued to execute and supervise design, construction, and project management contracts for project construction, which began in 2010, and was completed during the diligence period. (14) In connection with the Arkansas River Diversion Dam Project, planning for which began in 2014, the Applicants obtained required permits and permissions from applicable authorities, obtained land use rights for the affected lands not owned by the Applicants, organized a joint effort between stakeholders to ensure the dam would meet and satisfy myriad stakeholder requirements, including fish passage and a boat chute, and continued to execute and supervise design, construction, and project management contracts for project construction, which began in 2018, and will be completed in 2020. The Arkansas River Diversion Dam serves as an on-channel intake on the Arkansas River for the Otero Pump Station which conveys water to the Cities of Aurora and Colorado Springs. (15) During the diligence period, the Applicants, acting individually or through the Homestake Steering Committee, have participated in numerous water court applications in Water Division No. 5 involving water rights in the Colorado and Eagle River basins in order to protect the subject water rights, water rights of the integrated Homestake Project, and water rights of the Applicants’ respective integrated water supply systems, including: Case No. 11CW92, the Application of the Upper Eagle Regional Water Authority; Case No. 12CW126, the Application of the Town of Eagle; Case No. 13CW3088, the Application of Vail Associates; Case No. 13CW3109, the Application of Glenwood Springs for a recreational in-channel diversion; and Case Nos. 11CW159, 11CW160, and 11CW161, the Applications of Colorado Water Conservation Board for in-stream flows. (16) During the diligence period the Applicants have participated in the Recovery Implementation Program (RIP) recommended in the Programmatic Biological Opinion for endangered Colorado River fish, and in negotiation and drafting of arrangements and agreements to secure and provide so-called “10825” water as contemplated by the RIP. (17) During the diligence period, Applicant City of Aurora pursued development of its integrated water supply system, which comprises water rights and infrastructure in the Colorado, Arkansas, and South Platte River basins, including the Prairie Waters Project, a large comprehensive water supply, storage and treatment project in which return flows to the South Platte River from Aurora’s water sources, including the water that is the subject of the exchanges herein, may be rediverted for subsequent reuse. To facilitate this project, Aurora obtained various decrees in Case Nos. 06CW104, 03CW414, and 03CW415, Water Division 1. This project allows further reuse of much of the water decreed to Aurora. During the diligence period, Aurora obtained decrees in Case No. 13CW3088, WD-1, finding reasonable diligence for the water rights decreed conditionally in 03CW414 (decreed April 22, 2014); in Case No. 14CW3065, WD-1, finding reasonable diligence for the water rights decreed conditionally in 03CW415 (decreed March 2, 2015); and in Case No. 15CW3064, WD-1, making absolute portions of the rights decreed conditionally in Case No. 06CW104 and obtaining a finding of reasonable diligence on the remainder (decreed December 1, 2017). (18) During the diligence period, Applicant City of Aurora participated in numerous water court applications in Water Division No. 2 involving water rights in the Arkansas River basin in order to protect the subject water rights, water rights of the integrated Homestake Project, and water rights of Aurora’s integrated water supply system, including: application of Resurrection Mining Company, Case No. 14CW3024; application of Dragon Lair LLC, Case No. 15CW23, and application of Lake County Concrete & Excavating LLC, Case No. 15CW3026. (19) During the diligence period, Applicant City of Colorado Springs pursued development of its integrated water supply system, which comprises water rights and infrastructure in the Colorado, Arkansas, and South Platte River basins, including the Continental-Hoosier Diversion System (Blue River). Colorado Springs has filed an application in March 2018 seeking a finding of reasonable diligence for Homestake/Blue River exchange right, Case No. 18CW3041, Water Division 5. Colorado Springs also participated in negotiations with parties to the 1955 Blue River Decree, the State of Colorado, and others regarding various Blue River Decree matters, including operations of Green Mountain Reservoir vis-à-vis other Blue River and Colorado River water rights, which have resulted in an agreed Green Mountain Reservoir Protocol. Colorado Springs also participated as an objector in numerous water court cases in Water Division 5 involving water rights in the Blue River basin in order to protect the subject conditional water rights, the water rights of the integrated Homestake Project, and water rights of Colorado Springs’ integrated water supply system, including: Case No. 12CW175, application of Snake River Water District et al; Case No. 12CW176, application of Climax Molybdenum; Case Nos. 13CW6 and 14CW3112, applications of Tiger Run Owners Association; Case Nos. 13CW45 and 13CW3094, applications of Town of Breckenridge; Case No. 13CW3109, application of Glenwood Springs; Case No. 16CW3015, application of Summit County Board of Commissioners; and Case No. 16CW3040, application for Everist Land Holdings and Town of Silverthorne. (20) During the diligence period, Applicant City of Colorado Springs participated in over 40 applications in Water Division No. 2 involving water rights in the Arkansas River basin in order to protect the subject water rights, water rights of the integrated Homestake Project, and water rights of Colorado Springs’ integrated water supply system. (21) In addition, during the diligence period, Applicant Colorado Springs continued development of the Southern Delivery System, a component of its integrated water supply system facilitating delivery of water to the Colorado Springs area. Colorado Springs completed NEPA review and obtained a Record of Decision approving the project from the Bureau of Reclamation; secured local land- use permits; and carried out construction of project components. SDS was completed during the diligence period and is now operating. B. Expenditures: The Applicants expended significant amounts in pursuing the diligence activities described above during the diligence period, including sums tabulated below (covering the period between September 2013 and January 2020): (1) Joint Expenditures: (Integrated Homestake Project) Project Development (capital improvements to existing infrastructure, engineering studies and legal

FEBRUARY 2020 RESUME WATER DIVISION 5 PAGE 12 support): $53,450,148, O&M: $17,553,055, Total: $70,494,444. (2) Aurora Expenditures: Water Capital Projects (excluding Homestake): $458,191,541; Prairie Waters Implementation: $5,669,808; Legal Support (Water Court): $35,000. (3) Colorado Springs Expenditures: Water Capital Projects (excluding Homestake): $675,345,116; SDS: $368,494,676; Legal Support: $1,627,189. 6. Claim to make absolute in part: A. East Fork Conduit: (1) Structure location: see paragraph 3.C (2). (2) Date of diversions: June 12, 2015. (3) Details/supporting documentation of diversion and beneficial use: on June 12, 2015, Applicants measured and diverted in priority 166.56 AF (83.97 cfs) of water into the East Fork Conduit. The water was conveyed into Homestake Reservoir, and then into the Arkansas River basin via the Homestake Tunnel. It was then conveyed via the Mt. Elbert Conduit and Forebay, Twin Lakes Reservoir and outlet, Otero Pipeline and Pumping Plant, and Homestake Pipeline, to storage, treatment, and distribution facilities of the City of Aurora in the South Platte basin and of the City of Colorado Springs in the Fountain Creek basin. See attached Homestake Project Water Tabulation, June 2015. (4) Additional amount claimed Absolute: 9.34 c.f.s. Cumulative amount claimed Absolute for this structure: 83.97 c.f.s. Remaining Conditional for this structure: 176.03 c.f.s. (5) Type and Place of Use: municipal use in the municipal water supply systems of the Cities of Colorado Springs and Aurora. 7. Names and addresses 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: A. United States Forest Service, Holy Cross Range District- Marcia Gilles, District Ranger, P.O. Box 190, Minturn, CO 81645. (Diversion or Storage Structure: Homestake Reservoir; East Fork Conduit; all Homestake Conduit diversion points; Cataract Creek, Sheep Gulch, East Fork Eagle River, Jones Gulch, and Piney Creek diversion points of Eagle-Arkansas Ditch). B. United States Forest Service, Leadville Ranger District- Tami Conner, District Ranger, 2015 N. Poplar St., Leadville, CO 80461 (Diversion or Storage Structure: Homestake Tunnel Inlet and Outlet). C. Marjorie Westermann, P.O. Box 885, Leadville, CO 80461 (Diversion or Storage Structure: Taylor Gulch diversion of Eagle-Arkansas Ditch). D. Arlon A. Sparkman, 900 W. 7th Ave. Dr., Broomfield, CO 80020 (Diversion or Storage Structure: Taylor Gulch diversion of Eagle-Arkansas Ditch). E. William D. and Melinda L. Boyd, 2880 So. York St., Denver, CO 80210-6035 (Diversion or Storage Structure: Fiddler Creek diversion of Eagle-Arkansas Ditch). WHEREFORE, Applicant requests (1) that a finding of reasonable diligence be entered, and the conditional water rights that are the subject of this application be continued in force; and (2) that the conditional water rights be made absolute as requested in Paragraph 6 above. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

10. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 20CW3025 PITKIN COUNTY – ROARING FORK RIVER AND ITS TRIBUTARIES. Chaparral Aspen Homeowners Association, Inc. c/o Kevin L. Patrick, Esq. and Jason M. Groves, Esq., Patrick, Miller & Noto, P.C., 229 Midland Ave., Basalt, CO 81621 (970) 920-1030. APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE. First Claim: Ranch at Woody Creek Pond Nos. 2-12. Original decree: Case No. 98CW291, Division 5 Water Court, June 24, 2002. Legal Description: Pond No. 2: Homestead 2, Chaparral Aspen Subdivision, in Section 9, Township 9 South, Range 85 West, 6th Principal Meridian, at a point 223 feet South and 411 feet East of the 9th Section Line; Pond No. 3: Homestead 3, Chaparral Aspen Subdivision, in Section 10, Township 9 South, Range 85 West, 6th Principal Meridian, at a point 3433 feet North and 131 feet West of the 10th Section Line; Pond No. 4: Homestead 4, Chaparral Aspen Subdivision, in Section 10, Township 9 South, Range 85 West, 6th Principal Meridian, at a point 2,378 feet North and 1,008 feet West of the 10th Section Line; Pond No. 5: Homestead 5, Chaparral Aspen Subdivision, in Section 10, Township 9 South, Range 85 West, 6th Principal Meridian, at a point 2,718 feet North and 627 feet West of the 10th Section Line; Pond No. 6: Homestead 6, Chaparral Aspen Subdivision, in Section 9, Township 9 South, Range 85 West, 6th Principal Meridian, at a point 1,618 feet North and 136 feet East of the 9th Section Line; Pond No. 7: Homestead 7, Chaparral Aspen Subdivision, in Section 9, Township 9 South, Range 85 West, 6th Principal Meridian, at a point 1,178 feet North and 774 feet East of the 9th Section Line; Pond No. 8: Homestead 8, Chaparral Aspen Subdivision, in Section 9, Township 9 South, Range 85 West, 6th Principal Meridian, at a point 775 feet North and 1,143 feet East of the 9th Section Line; Pond No. 9: Homestead 9, Chaparral Aspen Subdivision, in Section 9, Township 9 South, Range 85 West, 6th Principal Meridian, at a point 1,341 feet North and 1,630 feet East of the 9th Section Line; Pond No. 10: Homestead 10, Chaparral Aspen Subdivision, in Section 9, Township 9 South, Range 85 West, 6th Principal Meridian, at a point 1,366 feet North and 2,505 feet West of the 9th Section Line; Pond No. 11: Homestead 11, Chaparral Aspen Subdivision, in Section 9, Township 9 South, Range 85 West, 6th Principal Meridian, at a point 2,058 feet South and 2,484 feet West of the 9th Section Line; Pond No. 12: Homestead 11, Chaparral Aspen Subdivision, in Section 9, Township 9 South, Range 85 West, 6th Principal Meridian, at a point 375 feet South and 2,629 West of the 9th Section Line. Source: Pond Nos. 2 – 9: Roaring Fork River (via delivery from Salvation Ditch) and intercepted surface water runoff; Pond No. 10: Woody Creek (via delivery from Waco Ditch) and intercepted surface water runoff; Pond Nos. 11 and 12: Woody Creek (via deliveries from Waco Ditch and direct delivery of consumptive use dry up credit from Salvation Ditch) and intercepted surface water runoff. Appropriation date: December 1, 1998. Amounts & uses remaining conditional: Pond Nos. 2-6: 3.28 acre-feet, each, for fire protection, aesthetic, and piscatorial purposes; Pond No. 7: 3.28 acre-feet for piscatorial purposes and 1.41

FEBRUARY 2020 RESUME WATER DIVISION 5 PAGE 13 acre-feet for fire protection and aesthetic purposes; Pond Nos. 8-10: 3.28 acre-feet, each, for fire protection, aesthetic, and piscatorial purposes; Pond No. 11: 15.0 acre-feet for augmentation; and Pond No. 12: 3.28 acre-feet for fire protection, aesthetic, piscatorial, and augmentation purposes. General place of use: Chaparral Aspen Subdivision, Homestead/Lot Nos. 1-11, Pitkin County, Colorado. A map of pond locations if on file with the Court as Exhibit A. A detailed description of Applicant’s diligence activities is on file with the Court as Exhibit B. As the HOA, Applicant owns the land where water rights are located and put to beneficial use. A list of all landowners where water rights are located with the subdivision is on file with the Court as Exhibit C. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

11. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 20CW3026 GARFIELD COUNTY, TRIBUTARY SPRINGS TO THE COLORADO RIVER, Bud Strong Family LLLP, 1505 E. 12th Street, Rifle CO 81650, c/o Jeffrey J. Conklin, #40194, KARP NEU HANLON, P.C., 201 14th Street, Suite 200, P. O. Drawer 2030, Glenwood Springs, CO 81602, (970) 945-2261. APPLICATION FOR FINDING OF REASONABLE DILIGENCE First Claim: Application for Finding of Reasonable Diligence: Strong Spring and Pipeline No. 1. Original decree: May 5, 2000, in Case No. 98CW227, in the District Court in and for Water Division No. 5. Subsequent decrees: Case No. 06CW58 and Case No. 13CW16. Legal description: Section 1, Township 7 South, Range 95 West of the 6th P.M. The central collection point for the spring is located 162 feet from the North section line and 850 feet from the East section line of said Section 1 in Garfield County, Colorado, and collects spring flows, seepage and other waters from above in and around that point. Source: a spring which is tributary to the Colorado River. Appropriation date: August 14, 1998. Amount: 0.25 c.f.s., conditional. Uses: Irrigation of 10 acres, and stock watering. Place of Use: Up to 20 acres located in the NE1/4 NE1/4 of Section 1, Township 7 South, Range 95 West, and SE1/4 SE1/4, Section 36, Township 6 South, Range 95 West, and SE1/4 SE1/4 of Section 31, Township 6 South, Range 94 West, and NW1/4 NW1/4 of Section 6, Township 7 South, Range 94 West, all in the 6th P.M. The acreage to be irrigated by the Strong Spring & Pipeline No. 1 is located within an approximately 83-acre parcel of land owned by the Applicant south of Rulison, in Garfield County. Remarks: This water right was originally decreed for 0.50 c.f.s., conditional. In Case No. 06CW58, 0.25 c.f.s. was made absolute for the irrigation of 10 acres and for the watering of up to 5 head of stock. A map depicting the outline of this parcel, as well as the location of irrigation within the same is included in the exhibits to the Application. Claim for diligence: Applicant requests a finding of diligence for 0.25 c.f.s., conditional, for the Strong Spring and Pipeline No. 1 for irrigation of 10 acres, and stock watering. Second Claim: Application for Finding of Reasonable Diligence: Ivy Springs, Strong Pipeline. Original decree: May 5, 2000, in Case No. 98CW227, in the District Court in and for Water Division No. 5. Subsequent decrees: Case No. 06CW58 and Case No. 13CW16. Legal description: Section 1, Township 7 South, Range 95 West of the 6th P.M. The central collection point for the spring is located 337 feet from the North section line and 850 feet from the East section line of said Section 1, in Garfield County, and collects spring flows, seepage and other waters from above. Source: a spring which is tributary to the Colorado River. Appropriation date: August 14, 1998. Amount: 0.50 c.f.s., conditional Uses: Irrigation of 20 acres, and stock watering. Place of Use: Up to 20 acres located in the NE1/4 NE1/4 of Section 1, Township 7 South, Range 95 West, and SE1/4 SE1/4, Section 36, Township 6 South, Range 95 West, and SE1/4 SE1/4 of Section 31, Township 6 South, Range 94 West, and NW1/4 NW1/4 of Section 6, Township 7 South, Range 94 West, all in the 6th P.M. The acreage to be irrigated by the Ivy Springs, Strong Pipeline is located within an approximately 83-acre parcel of land owned by the Applicant south of Rulison, in Garfield County. A map depicting the outline of this parcel, as well as the location of irrigation within the same is included in the exhibits to the Application. Claim for diligence: Applicant requests a finding of diligence for 0.50 c.f.s., conditional, for the Ivy Springs, Strong Pipeline for irrigation of 10 acres, and stock watering. Landowner: Applicant. Diligence activities: The Application contains a detailed outline of what has been done by Applicant during the diligence period toward or for completion of the appropriation and application of the conditional water rights to beneficial use as decreed, including expenditures. (8 pp. with exhibits) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

12. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred.

FEBRUARY 2020 RESUME WATER DIVISION 5 PAGE 14

20CW3027 (13CW3020, 06CW72 and CA1123) EAGLE AND GRAND COUNTIES, CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE COLORADO DIVISION OF PARKS AND WILDLIFE AND THE PARKS AND WILDLIFE COMMISSION - APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO CONTINUE CONDITIONAL WATER RIGHT. 1. Name, mailing address, e-mail address, and telephone number of Applicant: Colorado Division of Parks and Wildlife and Parks and Wildlife Commission (“CPW”), Attn: Ed Perkins, Water Rights Administrator, 6060 Broadway, Denver, Colorado 80216, 303-291-7466 [email protected]. Please direct all future communications regarding this case to CPW’s counsel, Elizabeth M. Joyce, 1300 Broadway, 7th Floor, Denver, CO 80203. Telephone: 720-508-6761. E-mail: [email protected]. 2. Conditional Water Right Information: A. Name of Structure: Blacktail Ditch. B. Original Decree: February 7, 1956, Case No. CA1123, Eagle County District Court. C. Subsequent decrees awarding finding of diligence: February 2, 2014, Case No. 13CW3020, District Court, Water Division 5; May 31, 2007, Case No. 06CW72, District Court, Water Division 5. D. Legal description from most recent decree: Headgate and point of diversion is located at a point on the east bank of Blacktail (or Stampede) Creek whence the Southeast corner of Section 10, Township 1 South, Range 82 West of the 6th P.M. bears south 61 degrees 22’ East 1,807 feet, which can also be described as in the SW1/4 of the SE1/4, Section 10, Township 1 South, Range 82 West of the 6th Principal Meridian, at a point 900 feet north of the south section line and 1,550 feet west of the east section line of said Section in Grand County, Colorado. The location of the structure is shown on the map attached as Exhibit A. E. Source: Blacktail Creek (aka Stampede Creek), tributary to the Colorado River. F. Date of Appropriation: October 1, 1952. G. Amount: 2.89 cfs, conditional (see “Additional Remarks” section below). H. Use: Irrigation. I. Description of place of use where water is applied to beneficial use: The Blacktail Ditch water right irrigates approximately 235 acres located in Sections 11, 14, and 15, Township 1 South, Range 82 West, 6th P.M., all within the Radium State Wildlife Area (SWA). The pastures provide grazing habitat for cattle, deer and elk. Since the acquisition of the Radium SWA in 1961, CPW has continued to irrigate these lands with the subject water right. The location of the irrigated area is shown on the map attached as Exhibit B. J. Additional Remarks: The subject water right was initially adjudicated in CA1123, priority No. 388, in the amount of 4.2 cfs, conditional, as the first enlargement of the Blacktail Ditch. A portion of that water right, 1.31 cfs, was made absolute in Case No. 06CW72 and is therefore not at issue in this proceeding. 3. Description of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the previous diligence period. During the applicable diligence period, CPW has continued to actively maintain and manage this SWA for big game habitat and recreational opportunities, including the following steps to diligently develop the Blacktail Ditch water right. This list is not intended to be exclusive and may be supplemented by additional evidence. In order to evaluate potential means of improving the conveyance, a reconnaissance-accuracy hydraulic grade line survey was performed on July 12, 2016, while the ditch was carrying water. Initial costing for the preferred alternative identified in this assessment was approximately $600,000, which included over 6000 feet of 16-18” smooth-walled, high pressure class fused pipe, and construction in the remote and steep-walled Blacktail Creek drainage. In 2017, this cost was re-examined in subsequent cost analyses, but despite consideration of different vendors and contractors, the costs for construction were estimated at near $300,000 which exceeded competitive funding allocations. Based on the results of the hydraulics survey, CPW has continued to investigate whether a gravity-pressurized pipeline is the best means of achieving the desired improvement in carriage capacity. During the last diligence period, Colorado Youth Corp hand labor crews completed annual ditch maintenance and improvement work between 2015 and 2019, which includes an annual cost to CPW for CPW staff labor. It is estimated that 100-150 hours per year of Youth Corps labor was utilized on ditch work, in addition to CPW property technicians who spent an additional 30- 80 hours participating and overseeing this work. In 2019, CPW replaced the culvert that was impeding flow at a county road crossing and added 1000' of 18" PIP pipe on the upstream side of the new culvert to improve ditch capacity through this part of the ditch. CPW currently uses the Blacktail Ditch to irrigate approximately 230 acres near the SWA residence and collects water use data at a flume approximately three-quarters of a mile from the Blacktail Ditch headgate. CPW actively manages the ditch, and regularly cleans any rockfall or impediments to ditch function. CPW has also performed monthly reviews of the water court resume to determine whether the filing of Statements of Opposition was necessary to protect its water rights in Water Division No. 5, including the subject conditional water right. CPW has also incurred costs of attorney fees for legal advice and consultations regarding development of this water right. The above activities on the part of the Applicant, CPW, show a pattern of diligence and continuous work toward the development and implementation of this water right. 4. Name and address of owners of the land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: All structures listed above are located on land owned by the Applicant. WHEREFORE, CPW respectfully requests that this Court enter a decree finding that CPW has exercised reasonable diligence in the development of the Blacktail Ditch conditional water right, continuing the conditional water right in full force as decreed, and for such other and further relief as this Court deems just and proper. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

13. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred.

FEBRUARY 2020 RESUME WATER DIVISION 5 PAGE 15

20CW3028 GARFIELD COUNTY, ROARING FORK RIVER. APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE. The Town of Carbondale c/o Mark E. Hamilton, Esq., Holland & Hart LLP, 600 E. Main St., Ste. 104, Aspen, CO 81611- 1991, (970) 925-3476, [email protected]. Names of Structures: Carbondale Gateway Boating Park, consisting of five control structures. Decree Information: Original Decree: 06CW77 (02/03/2014), Water Div. No. 5. Subsequent Decrees: n/a. Locations: the Carbondale Gateway Boating Park will be located in the channel of the Roaring Fork River near the intersection of State Highway 82 and State Highway 133. The reach of the Boating Park will be up to approximately 1425 feet in length along a centerline in the river from the invert of the most upstream control structure to the exit of the most downstream control structure. The approx. locations of the five control structures are further described as follows: Structure 1: a point on the centerline of the Roaring Fork River in the SE 1/4 of the SE 1/4 of Sec. 28, T. 7 S., R. 88 W., 6 P.M., 1334 ft from the S. Sec. Line and 657 feet from the E. Sec. Line, Garfield County; Structure 2: a point on the centerline of the Roaring Fork River in the SE 1/4 of the SE 1/4 of Sec. 28, T. 7 S., R. 88 W., 6 P.M., 1350 feet from the S. Sec. Line and 783 feet from the E. Sec. Line, Garfield County; Structure 3: a point on the centerline of the Roaring Fork River in the NE 1/4 of the SE 1/4 of Sec. 28, T. 7 S., R. 88 W., 6 P.M., 1369 feet from the S. Sec. Line and 1078 feet from the E. Sec. Line, Garfield County; Structure 4: a point on the centerline of the Roaring Fork River in the NE 1/4 of the SE 1/4 of Sec. 28, T. 7 S., R. 88 W., 6 P.M., 1382 feet from the S. Sec. Line and 1269 feet from the E. Sec. Line, Garfield County; Structure 5: a point on the centerline of the Roaring Fork River in the NW 1/4 of the SE 1/4 of Sec. 28, T. 7 S., R. 88 W., 6 P.M., 1479 feet from the S. Sec. Line and 2076 feet from the E. Sec. Line, Garfield County. Source: Roaring Fork River. Approp. date (all): 04/25/2006. Amounts (for all structures): Mar. 15–Apr. 14: 230 c.f.s.; Apr. 15–Apr. 30: 310 c.f.s.; May 1–May 14: 575 c.f.s.; May 15–July 14: 1000 c.f.s.*; July 15–July 31: 575 c.f.s.; Aug. 1–Oct. 31: 310 c.f.s.; Nov. 1–Nov. 30: 230 c.f.s. *Applicant may call the Boating Park water right for intermittent flows for competitive events up to a total of ten days, with the restriction that Applicant may call for up to 1600 c.f.s. for two events (each event will be designated for up to four consecutive days) between June 1 and June 30, and up to 1160 cfs for one event (this event will be designated for up to four consecutive days) from May 15 to May 31. These amounts are limited to the period between 8:00 a.m. and 8:00 p.m. each day, except during competitive events when these hours may be extended to between 8:00 a.m. and 12:00 midnight each day. Uses: a reasonable recreational experience in and on the water including boating, kayaking, tubing, rafting, floating, and canoeing. Names and addresses of owners of land upon which structures will be located: Structures 1 & 2: Town of Carbondale (s. of centerline of river) and Gianinetti Family Limited Partnership, 592 Cowen Drive, Carbondale, CO 81623-1585 (n. of centerline of river); Structure 3: Town of Carbondale and/or Robert T. Fattor Trust, 45 Alpine Ct. Glenwood Springs, CO 81601 (s. of centerline of river); Town of Carbondale (n. of centerline of river); Structure 4: Town of Carbondale (n. and s. of centerline of river); Structure 5: Roaring Fork Transportation Authority, 530 E. Main St., Aspen, CO 81611. A detailed outline of activity during the diligence period is included in the Application. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

14. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 20CW3029 (2013CW3047) IN PITKIN COUNTY, COLORADO. ROARING FORK RIVER, TRIBUTARY TO COLORADO RIVER. Constanera Partners, LLC c/o Oates, Knezevich, Gardenswartz, Kelly, & Morrow, P.C., 533 E. Hopkins Ave, 3rd Floor, Aspen, CO 81611, (970) 920-1700. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHT ABSOLUTE. Name of Structure: K.N.C.B. Moore Ditch Extension. Date of original decree: 9/25/2007. Case No. 05CW291, Division 5 Water Court. Legal description: On the south bank of an unnamed gulch at a point from which the SW corner of Sec. 26, Tsp 9 S, R. 85 W of the 6th P.M. bears South 8 degrees 08 feet W 1304.32 feet. While not decreed as a PLSS, it can be found in the SW1/4 SW1/4 of Sec. 26, T 9 S, R. 85 W. of the 6th P.M. at a point approx. 1,270 feet from the S section line and 201 feet from the W section line. Source: An unnamed tributary to the Roaring Fork River, trib. to the Colorado River, sometimes referred to as Trentaz Gulch. Approp. Date: 10/13/2005. Decreed Amt: 0.33 cfs, cond., of the 1.0 cfs, cond., originally decreed to the K.N.C.B. Moore Ditch Extension. Date water applied to beneficial use: 12/16/2016. Amt: 0.33 cfs. Use: To fill and refill the Quinn’s Corner Pond, Lizzy Pea’s Pond, and K Bear’s Point Pond conditional water rights decreed in Case 05CW293, Division 5 Water Court, for subsequent aesthetic, recreational and piscatorial purposes. Description where water is applied to beneficial use: SW1/4 SW1/4 of Sec. 26, Tsp 9 S, R 85 W of the 6th P.M. The Application contains a detailed outline of work performed toward completion of the appropriation and application of water to the decreed uses during the relevant diligence period. Names and address of owners of the land upon which any new diversion structure, or modification to any existing diversion structure is or will be constructed: The headgate of the K.N.C.B. Moore Ditch Extension is located upon the common boundary between Applicant’s property and Lot A of the Moore Subdivision Exemption, which is owned by Juniper Asset Holdings LLC, c/o Meghan Winokur, 600 E. Main Street #104, Aspen, CO 81611. A map is on file with the court. (5 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part

FEBRUARY 2020 RESUME WATER DIVISION 5 PAGE 16 or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

15. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 20CW3030 (2013CW3070) IN PITKIN COUNTY, COLORADO. ROARING FORK RIVER, TRIBUTARY TO COLORADO RIVER. Constanera Partners, LLC c/o Oates, Knezevich, Gardenswartz, Kelly, & Morrow, P.C., 533 E. Hopkins Avenue, 3rd Floor, Aspen, CO 81611, (970) 920-1700. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE. Common Facts for all subject rights: Date of original decree: 10/2/2007. Case No. 05CW293. Division 5 Water Court. Ditch used to fill all subject reservoirs: K.N.C.B. Ditch Extension, decreed in Case No. 05CW291, Division 5 Water Court, with a capacity of 1.0 c.f.s. Applicant owns 0.33 c.f.s. of the K.N.C.B. Moore Ditch Extension, which 0.33 c.f.s. is used to fill all three subject reservoirs. Source of water: An unnamed tributary to the Roaring Fork River, tributary to the Colorado River, sometimes referred to as Trentaz Gulch. Legal description of point of diversion: On the south bank of an unnamed gulch at a point from which the SW corner of Section 26, Tsp 9 S, R 85 W of the 6th P.M. bears South 8 degrees 08 feet West 1304.32 feet. Appropriation Date: 10/13/2005. Rate of filling off-channel reservoir: 0.33 c.f.s. Uses: Aesthetic, recreational, piscatorial. Place of use where water is applied to beneficial use: SW1/4 SW1/4 of Sec. 26, Tsp. 9 S., R. 85 W. of the Sixth P.M. First Claim: Quinn’s Corner Pond. Legal description of centerline of reservoir dam: In the SW1/4 SW1/4 of Sec. 26, Tsp. 9 S., R. 85 W. of the Sixth P.M. at a point approximately 1,056 feet from the south section line and 137 feet from the west section line. Decreed Amount: 0.05 acre-feet, cond. Surface area: 0.02 acre. Maximum height of dam: Less than 10 feet. Length of dam: Less than 150 feet. Total capacity of reservoir: 0.05 acre-feet. Date water applied to beneficial use: 8/31/2017. Amount: 0.05 af. Use: Aesthetic, recreational, piscatorial. Second Claim: Lizzy Pea’s Pond. Legal description of centerline of reservoir dam: In the SW1/4 of the SW1/4 of Sec. 26, Tsp. 9 S, R 85 W of the 6th P.M., at a point approximately 1,055 feet from the south section line and 70 feet from the west section line. Decreed Amount: 0.09 af, cond. Surface area: 0.034 acre. Maximum height of dam: Less than 10 feet. Length of dam: Less than 150 feet. Total capacity of reservoir: 0.09 af. Date water applied to beneficial use: 12/16/2016. Amount: 0.09 af. Use: Aesthetic, recreational, piscatorial. Third Claim: K Bear’s Point Pond. Legal description of centerline of reservoir dam: In the SW1/4 of the SW1/4 of Sec. 26, Tsp. 9 S, R 85 W of the 6th P.M., at a point approximately 948 feet from the south section line and 100 feet east of the west section line. Decreed Amount: 0.32 af, cond. Uses: Aesthetic, recreational, piscatorial. Surface area: 0.096 acre. Maximum height of dam: Less than 10 feet. Length of dam: Less than 150 feet. Total capacity of reservoir: 0.32 af. Date water applied to beneficial use: 12/16/2016. Amount: 0.32 af. Use: Aesthetic, recreational, piscatorial. The Application contains a detailed outline of work performed toward completion of the appropriation and application of water to the conditional uses decreed during the relevant diligence period. Names and address of 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: The subject ponds are all located on Applicant’s property. The headgate of the K.N.C.B. Moore Ditch Extension, which is used to fill the subject ponds, is located upon the common boundary between Applicant’s property and Lot A of the Moore Subdivision Exemption, owned by Juniper Asset Holdings LLC, c/o Meghan Winokur, 600 E. Main Street #104, Aspen, CO 81611. A map is on file with the Court as Exhibit A. (8 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

16. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF FEBRUARY 2020. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred. 20CW3031 GRAND COUNTY. This Land Is My Land, LLC c/o Renee C. Valentine, Member, 2511 Tonga Drive, Castle Rock, CO 80109; (303) 903-9256. Applicant is represented by Crystal J. McDonough, McDonough Law LLC, 1635 Foxtrail Drive, Loveland, CO 80538; (970) 776-3311. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. Name of Structure for Underground Water Rights: (a) Thorsheim Well No. 2; (b) Thorsheim Well No. 3; (c) Thorsheim Well No. 4; (d) Thorsheim Exchange. Source: Ground water tributary to the Colorado River (Thorsheim Wells No. 2-4); Sources of Substitute Supply: Water allotment contracts between Applicant and Middle Park Water Conservancy District for up to 2.3 acre feet of water stored and released from Wolford Mountain Reservoir to replace the Applicant’s depletions to calling senior water rights located downstream from point of release, or for exchange up the Colorado River system to the calling senior water right located between point of release and Granby Reservoir (Thorsheim Exchange). Well Location: Grand County, Colorado, NW1/4 of the NE1/4 of Section 13, Township 3 North, Range 76 West of the 6th PM. (Thorsheim Wells 2-4). Distance from Section lines: (a) Approx. 130 feet south of the North Section line and 2,590 west of the

FEBRUARY 2020 RESUME WATER DIVISION 5 PAGE 17

East Section line of said Section 13. Parcel 3, Osprey Subdivision. Street Address: 12705 U.S. Highway 34, Grand Lake, CO 80447. (b) Approx. 260 feet south of the North Section line and 2,360 west of the East Section line of said Section 13. Parcel 4, Osprey Subdivision. Street Address: 12707 U.S. Highway 34, Grand Lake, CO 80447. (c) Approx. 470 feet south of the North Section line and 2,600 west of the East Section line of said Section 13. Parcel 2, Osprey Subdivision. Street Address: 12669 U.S. Highway 34, Grand Lake, CO 80447. (d) Exchange-from Points: Wolford Mountain Reservoir Outlet located in the NE1/4 of Section 25, Township 2 North, Range 81 West of the 6th PM., Grand County, Colorado. Exchange-to Points: Lake Granby, located in parts of Township 2 North, Range 75 West and Townships 2 and 3 North, Range 76 West, 6th PM., Grand County, Colorado. Depth: N/A (wells not yet constructed). Use: Domestic, commercial, irrigation of lawns and gardens, fire prevention, pond evaporation, and stock watering purposes. Each well will be used on one of the three respective parcels on which it is located. Type of Structure: Well: (a); (b); (c). Exchange: (d). Quantity: 0.033 cubic feet per second (“cfs”) (15 gallons per minute [“gpm”]), CONDITIONAL, for each well (Thorsheim Wells No. 2-4); Annual volume of 2.3 acre feet, CONDITIONAL, at an average annual exchange rate of 0.00318 cfs (Thorsheim Exchange). Appropriation Date: April 30, 2004 for all conditionally decreed uses. Original Decree: April 29, 2007, Case No. 03CW84, Water Court Division No. 5. Subsequent Decree: March 9, 2014, Case No. 13CW51, Water Court Division No. 5. Additional Information: The original decree at Case No. 03CW84 sets forth additional terms and conditions, including a plan for augmentation, provided from Wolford Mountain Reservoir. Middle Park Water Conservancy District (“MPWCD”) originally approved two Water Allotment Contracts, which contracts provided applicants the right to a total annual entitlement of up to 0.3 acre feet per year and 2.0 acre feet per year, respectively (2.3 acre feet per year total), from Wolford Mountain Reservoir, and depletions to the Colorado River, not to exceed 2.3 acre feet per year, and are currently under negotiation to continue in effect for the water FEBRUARY 2020 RESUME WATER DIVISION 5 PAGE 2 rights of this application. The application and attached exhibits contain a detailed outline of the work performed during the diligence period. YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of APRIL 2020 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.