DISTRICT COURT, WATER DIVISION 1, AUGUST 2020 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of AUGUST 2020 for each County affected 20CW24 Ronald Allen Hodge, 47161 State Route 558, New Waterford, OH 44445. 303-720-1342. APPLICATIONS FOR ABSOLUTE SURFACE AND STORAGE RIGHTS in TELLER COUNTY. Hodge Spring and Hodge Pond both located NW1/4, NW1/4, S15, T12S, R71W 6th PM. UTM coordinates: (Spring) Easting 471970, Northing 4318391, Zone 13. (Pond) Easting 471910, Northing 4318367. Street Address: 405 Deer Creek Drive, Lake George, CO 80827. Source: spring source located in unnamed dry draw, approximate flow rate is 0.007 cfs (3 gpm). Date of appropriation: 9-94. How appropriation was initiated: Dam installed reservoir filled. Date of beneficial use: 9-94. Amount: (Spring) 0.007 cfs Absolute; (Pond) 2.5 af Absolute. Use: Spring to fill Hodge Pond for recreation on reservoir.

20CW25 Norlan And Niki Stevenson, 51984 CR 19, Nunn, CO 80648, 970-897-2213; Ami and Chad Wangeline, 51980 CR 19, Nunn, CO 80648, 970-391-3285. APPLICATION TO MAKE ABSOLUTE IN WHOLE OR IN PART in WELD COUNTY. Date of Original Decree: 03/25/2008 in Case No. 07CW179 WD1. Subsequent Decree 08/17/2014 in Case No. 14CW13 WD1. Stevenson Well Permit 263308 located NW1/4, NW1/4, S15, T9N, R67W, 6th PM, at a point approximately 366 ft from N and 161 ft from W 51984 CR 19, Nunn CO. Source: Groundwater. Appropriation Date 5/5/2005 Amount: 9 gpm, Absolute. Depth 720 ft. Use: Domestic use in one single family dwelling including irrigation on one acre of stock watering was decreed absolute in Case NO 07CW179. Domestic in two additional single-family dwellings was decreed conditional in Case No 07CW179

20CW26 Gregory L Lucas, 7680 Crestmont Ave, Newark, CA 94560 510-825-8165 APPLICATION FOR FINDING OF REASONABLE DILIGENCE TO MAKE ABSOLUTE IN WHOLE OR IN PART in PARK COUNTY. Date of Original Decree: 11/08/2001 in Case No. 96CW988 in WD1. Ell located NW 1/4 , NW 1/4, S2, T10S, R75W of the 6th PM, at a distance 150 ft from N. and 650 ft from W, Indian Mountain Subdivision. Source: Groundwater. Appropriate Date 5/31/1973. Amount 15 gpm Use: Household use only in a single-family dwelling not including irrigation.

20CW3116 Jackie Wayne Jackson A/K/A J. Wayne Jackson, And Barbara Jean Jackson, 10587 Delbert Road, Parker, CO, 80138. James J. Petrock, Eric K. Trout, Petrock Fendel Poznanovic, P.C., 700 17th Street, Suite 1800, Denver, CO, 80202. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT-NONTRIBUTARY UPPER DAWSON AQUIFERS in DOUGLAS COUNTY. Well Permits: Well permits will be applied for prior to construction of any wells. Subject Property: 20.1 acres located in the S1/2SE1/4NE1/4 of Section 21, Township 6 South, Range 65 West of the 6th P.M., Douglas County, State of Colorado, as described and shown on Exhibit A ("Subject Property"). Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in C.R.S. § 37-90-103(10.7), and the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in C.R.S. § 37-90-103(10.5). Prior Decree Information: By decree entered by the District Court, Water Division One, in Case No. 2019CW3136 (“19CW3136 Decree”) on January 9, 2020, the Applicants’ right to withdraw and use all of the unappropriated groundwater from the nontributary aquifers (NT) beneath the Subject Property pursuant to C.R.S. § 37-90-137(4) was confirmed and granted. Those decreed amounts were as follows: Lower Dawson, 6.62 af/yr (NT); Denver, 12.6 af/yr (NT); Arapahoe, 8.54 af/yr (NT); Laramie-Fox Hills, 6.48 af/yr (NT). The 19CW3136 Decree also confirmed Applicants’ right to withdraw and use groundwater in the amount of 2 acre-feet per year from the Upper Dawson not-nontributary aquifer, in accordance with terms and conditions set forth in that decree and requirements of C.R.S. § 37-90-137(9)(c.5), and based upon plan for augmentation approved by the 1

Court. The 19CW3136 Decree found that 7.44 acre-feet annually of not-nontributary groundwater was available for withdrawal from the Upper Dawson aquifer. 5.44 acre-feet annually remain available after deduction of 2 acre-feet annually decreed for uses as described in the 19CW3136 Decree. The 19CW3136 Decree provides that the remaining 5.44 acre feet of Upper Dawson groundwater can be withdrawn and used only if included in a separate plan for augmentation. The decree in 19CW3136 Decree requires that 2 acre-feet annually and 200 acre-feet total from the Laramie-Fox Hills Aquifer be reserved for post- pumping depletions. 4.48 acre-feet annually of decreed Laramie-Fox Hills water remains available. Request for Plan for Augmentation: Proposed Uses: Domestic, commercial, irrigation, stockwatering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Jurisdiction: The Court has jurisdiction over the subject matter of this application pursuant to C.R.S. §§ 37-90-137(6), 37-92-203(1), and 37-92-302(2). Description of Plan for Augmentation: Groundwater to be Augmented: Approximately 1 acre-foot per year of Upper Dawson aquifer groundwater. Water Rights for Augmentation: Return flows from the use of not-nontributary and nontributary groundwater and direct discharge of nontributary groundwater. Statement of Plan for Augmentation: The Upper Dawson aquifer water will be used on the Subject Property to serve one residence through one well for in-house use (0.3 acre-feet ), irrigation of up to 10,000 square feet of lawn, garden and trees (.65 acre feet), and 4 large domestic animals (0.05 acre-feet). Said residence is in addition to the 2 existing residences served pursuant to the augmentation plan approved in the 2019CW3136 Decree. Applicants reserve the right to amend the amounts and values without amending the application or republishing the same. Sewage treatment for in- house use will be provided by non-evaporative septic systems and return flow from in-house and irrigation use will be approximately 90% and 15% of that use, respectively. During pumping Applicants will replace actual depletions to the affected stream system pursuant to C.R.S. § 37-90-137(9)(c.5). Depletions occur to the Coal Creek stream system. Return flows accrue to the South via Cherry Creek and Coal Creek and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post pumping augmentation requirements. Applicants request that the court approve the above plan for augmentation, find that Applicants have complied with C.R.S. § 37-90-137(4) and water is legally available for withdrawal, find there will be no material injury to the owners of or persons entitled to use water under any vested water right or decreed conditional water right, and grant such other and further relief as is appropriate. 4 Pages.

20CW3117: Arapahoe County Water And Wastewater Authority (“ACWWA”), c/o Steve Witter, General Manager, 13031 East Caley Avenue, Centennial, Colorado 80111, Telephone: (303) 790-4830; East Cherry Creek Valley Water and Sanitation District (“ECCV”), c/o David Kaunisto, General Manager, 6201 South Gun Club Road, Aurora, Colorado 80016, Telephone: (303) 693-3800; United Water and Sanitation District (“United”), c/o Robert Lembke, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111, Telephone: (303) 773-1005. APPLICATION FOR CHANGE OF WATER RIGHTS, PLAN FOR AUGMENTATION, AND APPROPRIATION OF RETURN FLOWS in ADAMS, ARAPAHOE, DENVER, DOUGLAS, ELBERT, LARIMER, MORGAN AND WELD COUNTIES. Please send all pleadings and correspondence to: Brian M. Nazarenus, Esq., Sheela S. Stack, Esq., William D. Wombacher, Esq., Stacy L. Brownhill, Esq., NAZARENUS STACK & WOMBACHER LLC, 8301 E. Prentice Avenue, Suite 110, Greenwood Village Colorado 80111, (Attorneys for ACWWA and ECCV), Tod J. Smith, Esq., Law Office of Tod J. Smith, LLC, 5777 Central Avenue, Suite 228, Boulder, Colorado 80301, (Attorney for United). 2. Introduction. The purpose of this Application is to change the use of (1) two decreed water rights associated with Applicants’ 196.5 shares1 out of 2,844 outstanding shares in the Fort Morgan Reservoir and Irrigation Company (“FMRIC”), and (2) the decreed water rights for Jackson Lake by virtue of Applicants’ ownership interest in FMRIC and

1 These shares are referred to as “ACWWA’s FMRIC Shares” and “ECCV’s FMRIC Shares” throughout this Application. 2

FMRIC’s ownership of stock in the Jackson Lake Reservoir and Irrigation Company (“JLRIC”) (“Subject Water Rights”). 3. Decreed Water Rights for Which Change is Sought and Structures Associated with the Decreed Water Rights. 3.1. Fort Morgan Canal. 3.1.1. Previous Decree. Case No. 433, Irrigation District No. 1, Weld County District Court, decreed November 21, 1895. 3.1.2. Decreed Point of Diversion. The Fort Morgan Canal headgate is located on the south bank of the , in the SE1/4 of Section 31, Township 5 North, Range 59 West of the 6th P.M., Morgan County, Colorado. 3.1.3. Source. South Platte River. 3.1.4. Appropriation Date. October 18, 1882. 3.1.5. Use. Irrigation. 3.1.6. Amount. 323 c.f.s. 3.2. Jackson Lake Reservoir. 3.2.1. Previous Decrees. Civil Action. 2142, Weld County District Court, decreed January 15, 1914 for a provisional right and finalized on May 11, 1915; Civil Action No. 16704, Weld County District Court, decreed June 8, 1965. 3.2.2. Decreed Points of Diversion. The headgate of the Jackson Lake Inlet Canal is located at a point on the north bank of the South Platte River, 900 feet south and 200 feet west of the center of the SE1/4 of Section 18, Township 4 North, Range 61 West of the 6th P.M., Weld County, Colorado. Jackson Lake Reservoir is located in Sections 10, 13, 14, 15, 16, 21, 22, 23, 24, 26, and 27, Township 5 North, Range 60 West of the 6th P.M., Morgan County, Colorado. 3.2.3. Source. South Platte River. 3.2.4.Dates of Appropriation and Amounts. Reservoir Amount Date of Date of Priority No. (acre-feet) Appropriation Adjudication 20 30,992.00 05/18/1901 01/15/1914 20 4,637.00 05/18/1901 05/11/1915 20R 8,269.92 12/31/1929 06/08/1965 FMRIC owns 1,054 out of 1,550 outstanding shares in JLRIC, which is equivalent to a 68% pro-rata interest in the water rights listed above. ACWWA and ECCV own a 6.9% pro-rata interest in FMRIC and, by virtue of FMRIC’s ownership of stock in JLRIC, own an interest in the Jackson Lake water rights listed above. 3.2.5. Use. Irrigation. 4. Historical Use. The Subject Water Rights were historically used to irrigate the lands described below and shown on the map attached as Exhibit 1. 4.1. Browne and Browne Farm. The Browne and Browne Farm is located in the SW1/4 of Section 2, Township 3 North, Range 57 West of the 6th P.M., Morgan County, Colorado. Twenty-two shares, represented by Share Certificate No. 3296, were historically used to irrigate a mix of corn grain and pasture grass, and were historically delivered to the Browne and Browne Farm via the Southside and Schwindt Laterals. ACWWA owns 22 shares in the Southside Lateral Company, represented by Share Certificate Nos. 364 and 365. 4.2. Glassey Farm. The Glassey Farm is located in the N1/2 of the SE1/4 of Section 2, Township 3 North, Range 57 West of the 6th P.M., Morgan County, Colorado. Fifteen shares, represented by Share Certificate No. 3292,2 and 1 share, represented by Share Certificate No. 3118, were historically used to irrigate a mix of corn grain, corn silage, winter wheat, dry beans, sugar beets, small vegetables, and pasture grass, and were historically delivered to the Glassey Farm via the South Side and Schwindt Laterals. ACWWA owns 16 shares in the South Side Lateral Company, represented by Share Certificate No. 341. 4.3. Hofmeister Farm. The Hofmeister Farm is located in the NE1/4 of Section 21, Township 3 North, Range 57 West of the 6th P.M., Morgan County, Colorado. Twenty-eight shares, represented by Share Certificate No. 3293, were historically used to irrigate a mix of corn grain, alfalfa grass, pasture grass, dry beans, corn silage, sorghum and sugar beets. 4.4. Kula Farm. The Kula Farm is comprised of several parcels, generally located in the N1/2 of Section 4, Township 3 North, Range 57 West of the 6th P.M., Morgan County, Colorado. ACWWA’s 40 shares, represented by Share Certificate No. 3292, were historically used to irrigate a mix of alfalfa grass, corn silage, beans, and small grains, and were historically delivered to the Kula farms via the Sergeant Lateral by way of the Platte Avenue Lateral. ACWWA owns 38 shares in the Platte Avenue Lateral Company and 38 shares in the Sergeant Lateral Company, represented by Share Certificate No. 474, and 2 shares in the Platte Avenue Lateral Company and 2 shares in the Sergeant Lateral, represented by

2 Share Certificate No. 3292 represents a total of 55 shares, and is comprised of the 15 shares used on the Glassey Farm and the 40 shares used on the Kula Farm.

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Share Certificate No. 465. 4.5. Teague Farm. The Teague Farm is located in the E1/2 of Section 17, Township 3 North, Range 57 West of the 6th P.M., Morgan County, Colorado. Thirty-eight and one-half shares acquired by ACWWA, represented by Share Certificate No. 3299, and 29 shares owned by United for the benefit of ECCV, represented by Share Certificate No. 3236, were historically used to irrigate a mix of corn grain, alfalfa grass, dry beans, small vegetables, spring grain, winter wheat, and pasture grass. These 67.5 shares were historically delivered to the Teague Farm via the Dick and Work Laterals. 4.6. Tri-J Farm. The Tri-J farm is located in the NW1/4 of Section 20, Township 3 North, Range 57 West of the 6th P.M., Morgan County, Colorado. Twenty-three shares, represented by Share Certificate No. 3284, were historically used to irrigate a mix of corn grain, alfalfa grass, dry beans, sugar beets, and spring grain. 5. ACWWA’s Proposed Change of the Subject Water Rights. 5.1. Change in Type of Use. The uses described below may occur directly, following storage, or by exchange, after the Subject Water Rights are diverted at the Fort Morgan Canal headgate and delivered to the recharge sites described in paragraph 7, below. 5.1.1. Use in ACWWA’s Augmentation Plans. ACWWA seeks to use the Subject Water Rights as sources of replacement water in the plans for augmentation approved in the decrees entered in Case Nos. 10CW306 (“306 Decree”) and 13CW3026 (“3026 Decree”), and the plan for augmentation sought herein. In addition, ACWWA seeks to use the Subject Water Rights as sources of replacement water in any future plan for augmentation, including in pending Case Nos. 19CW3074 and 19CW3084. 5.1.2. Use in ACWWA’s Recharge Projects. ACWWA seeks to deliver the Subject Water Rights to recharge facilities for subsequent beneficial use. These facilities include those described herein, and facilities located in the Beebe Draw and on 70 Ranch as decreed in Case Nos. 10CW306, facilities currently pending in Case No. 16CW3195, and any facility in any future recharge project, aquifer storage and recovery project, aquifer recharge and recovery project to which ACWWA is legally entitled to recharge water. 5.1.3. Use in ACWWA’s Exchanges and Substitutions. ACWWA seeks to re-divert the Subject Water Rights, either directly or following recharge or storage and subsequent release, at the exchange-to points under the appropriative rights of exchange decreed in Case No. 09CW283 and currently pending in Case No. 16CW3195, and the right of substitution pending in Case No. 19CW3074. ACWWA also seeks the right to use the Subject Water Rights in any future exchange and/or substitution. 5.1.4. Storage. ACWWA seeks to store the Subject Water Rights in any facility in which ACWWA is legally permitted to store water, including: 5.1.4.1. United Reservoir No. 3. United Reservoir No. 3 is an off-channel reservoir located in the E1/2 of Section 26 and the N1/2 of Section 35, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. 5.1.4.2. Barr Lake. Barr Lake is an off-channel reservoir located in Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado. Barr Lake is an enlargement of the original Oasis Reservoir. 5.1.4.3. Milton Lake. Milton Lake is an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 5.1.4.4. Milliken Reservoir. (a/k/a “Gilcrest Reservoir”). Milliken Reservoir is a lined off-channel reservoir located within a part of Section 2, Township 3 North, Range 67 West, and Sections 23, 26, 34, and 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. 5.1.4.5. 70 Ranch Reservoir. 70 Ranch Reservoir is a lined off-channel reservoir located in the S1/2 of Section 3, Township 4 North, Range 63 West of the 6th P.M. and a portion of the NE1/4 of Section 10, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. 5.1.4.6. Serfer Pit. Serfer Pit is an off-channel lined gravel pit reservoir on the north side of the Cache la Poudre River, located in the NE1/4 of the NE1/4 of Section 24, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado. 5.1.4.7. Binder Reservoir. Binder Reservoir is an off-channel reservoir located in the N1/2 of Section 15, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 5.1.4.8. Highlands Reservoir. Highlands Reservoir is an off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 5.1.4.9. Any other existing or future storage facility in which ACWWA is legally permitted to store the Subject Water Rights. 5.1.5. Replacement of Historical Return Flow Obligations. ACWWA seeks to use the Subject Water Rights to replace return flow obligations associated with the Subject Water Rights and the agricultural water rights changed in Case Nos. 10CW313, 12CW73, 11CW151, 13CW3026, currently pending in Case Nos. 16CW3200, 16CW3195, and 19CW3084, and any future changed water rights in Water Division 1, as well

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as any other return flow obligations that it has agreed to replace by contract or agreement. 5.1.6. Use in ECCV’s Augmentation Plans and Delivery to ECCV Recharge Projects. ACWWA may lease and/or trade the Subject Water Rights to ECCV for use as a source of augmentation and replacement water in ECCV’s augmentation plans, either directly or following delivery to storage or to recharge projects, including those decreed in Case Nos. 02CW403 and 02CW404/03CW442, as amended by the 306 Decree and in Case No. 13CW3026. 5.1.7. All Municipal Uses. ACWWA seeks to use the Subject Water Rights via direct delivery or by exchange, including exchange after recharge or storage to ECCV’s water treatment plant for treatment and subsequent delivery for all municipal uses, including, but not limited to, domestic, mechanical, manufacturing, commercial, and industrial, within ACWWA’s present and future service area and as necessary to meet contractual water service obligations. 5.1.8. Right of Reuse, Successive Use, and Disposition. In addition to the uses described above, ACWWA claims the right to use, reuse, successively use and dispose of, by sale, lease, exchange, augmentation, or otherwise, to extinction, all water exchanged, lawfully diverted and/or impounded pursuant to the decree entered in this case. As such, the Subject Water Rights will be fully consumable water. 5.1.9. Use by Other Fort Morgan Shareholders. Applicants seek to change only the portion of the Subject Water Rights used to irrigate the farms described in paragraph 4, above. Any water that would be otherwise available to ACWWA pursuant to its shares that ACWWA does not use may continue to be diverted at the Fort Morgan Canal headgate and used by other FMRIC shareholders, pursuant to the terms and conditions of the decrees described in paragraph 3, above, without counting against the historical consumptive use volumetric limits decreed in this proceeding for ACWWA’s shares. The diversion and use of water otherwise available to the Subject Water Rights by other FMRIC shareholders may also occur after the historical consumptive use volumetric limits decreed in this proceeding for the Subject Water Rights have been fully exhausted by ACWWA’s uses. 5.2. Change in Place of Use. ACWWA seeks to use the Subject Water Rights on lands within ACWWA’s present and future service area, at such locations as to allow ACWWA to pump water at the ACWWA/ECCV Well Field or provide direct deliveries for municipal use within ACWWA’s present and future service area, and at locations as necessary to operate the augmentation plans, recharge projects, and exchanges described herein. A map of ACWWA’s present service area is attached as Exhibit 2. 6. ECCV’s Proposed Change of the Subject Water Rights. 6.1. Change in Type of Use. The uses described below may occur directly, following storage, or by exchange, after the Subject Water Rights are diverted at the Fort Morgan Canal headgate and delivered to the recharge sites described in paragraph 7, below. 6.1.1. Use in ECCV’s Augmentation Plans. ECCV seeks to use the Subject Water Rights as sources of replacement water in the plans for augmentation decreed in Case Nos. 02CW403, 02CW404/03CW442, 10CW306, 13CW3026, and the plan for augmentation sought herein. In addition, ECCV seeks to use the water attributable to the Subject Water Rights as a source of replacement water in any future plan for augmentation, including in pending Case No. 19CW3075. 6.1.2. Source for ECCV Recharge Projects. ECCV seeks to deliver the Subject Water Rights to recharge facilities for subsequent beneficial use. These facilities include those described herein, facilities located in the Beebe Draw and on 70 Ranch as decreed in Case Nos. 02CW404/03CW442, 10CW306, facilities currently pending in Case No. 16CW3196, and facilities in any future recharge projects, aquifer storage and recovery project, aquifer recharge and recovery project to which ECCV is legally entitled to recharge water. 6.1.3. Source in ECCV’s Exchanges and Substitutions. ECCV seeks to re-divert the Subject Water Rights, either directly or following recharge or storage and subsequent release at the exchange-to points under the appropriative rights of exchange decreed in Case Nos. 02CW404/03CW442, 11CW280, 11CW285, and currently pending in Case No. 16CW3196, and the right of substitution pending in Case No. 19CW3075. ECCV also seeks the right to use the Subject Water Rights in any future exchange. 6.1.4. Places of Storage. ECCV seeks to store the Subject Water Rights in any facility in which ECCV is legally permitted to store water, including the facilities described in paragraphs 5.1.4.1. – 5.1.4.8, above. ECCV also seeks the right to store the Subject Water Rights in any other existing or future storage facility in which ECCV is legally permitted to store the Subject Water Rights. 6.1.5. Replacement of Return Flow Obligations. ECCV seeks to use the Subject Water Rights, either directly, following storage or recharge, or by exchange, to replace return flow obligations associated with the Subject Water Rights and the agricultural water rights changed in Case Nos. 02CW403,

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02CW404/03CW442, 06CW40, 12CW73, 13CW3026, Consolidated Case Nos. 05CW58/11CW151, pending changes in Case Nos. 16CW3200 and 16CW3196, and any future changed water rights in Water Division 1, as well as any other return flow obligations that it has agreed to replace by contract or agreement. 6.1.6. Use in ACWWA’s Augmentation Plans and Delivery to ACWWA’s Recharge Projects. ECCV may lease and/or trade water attributable to the Subject Water Rights to ACWWA for use as a source of augmentation and replacement water in ACWWA’s augmentation plans either directly, or following delivery to storage or to recharge projects, including those decreed in Case Nos. 10CW306 and 13CW3026, and pending in Case No. 19CW3074. 6.1.7. All Municipal Uses. ECCV seeks to use the water attributable to ECCV’s FMRIC Shares for all municipal uses via augmentation and exchange, including after recharge. ECCV’s municipal uses include but are not limited to domestic, mechanical, manufacturing, commercial, industrial, exchange, augmentation and replacement, recharge, substitute supply, including further exchange with other water systems and with other water users, and for all other beneficial uses within ECCV’s present and future service area. 6.1.8. Right of Reuse, Successive Use, and Disposition. In addition to the uses described above, ECCV claims the right to use, reuse, successively use and dispose of, by sale, lease, exchange, augmentation, or otherwise, to extinction, all water exchanged, lawfully diverted and/or impounded pursuant to the decree entered in this case. As such, the Subject Water Rights will be fully consumable water. 6.1.9. Use by Other Fort Morgan Shareholders. Applicants seek to change only the portion of the Subject Water Rights used to irrigate the farms described in paragraph 4, above. Any water that would be otherwise available to ECCV pursuant to its shares that ECCV does not use may continue to be diverted at the Fort Morgan Canal headgate and used by other FMRIC shareholders, pursuant to the terms and conditions of the decrees described in paragraph 3, above, without counting against the historical consumptive use volumetric limits decreed in this proceeding for the shares. The diversion and use of water otherwise available to ECCV’s FMRIC Shares by other FMRIC shareholders may also occur after the historical consumptive use volumetric limits decreed in this proceeding for the shares have been fully exhausted by ECCV’s uses. 6.2. Change in Place of Use. ECCV seeks to use the Subject Water Rights on lands within ECCV’s present and future service area, at such locations as to allow ECCV to pump water at the ACWWA/ECCV Well Field or provide direct deliveries for municipal use within ECCV’s present and future service area, and at locations as necessary to operate the augmentation plans, recharge projects, and exchanges described herein. A map of ECCV’s present service area is attached as Exhibit 3. 7. Delivery of FMRIC and Jackson Lake Shares. ACWWA and ECCV do not seek a change in point of diversion of the Subject Water Rights. ACWWA and ECCV will continue to take delivery of their FMRIC Shares and Jackson Lake shares at the Fort Morgan Canal headgate at times when FMRIC is delivering the Subject Water Rights to other shareholders. The ACWWA and ECCV FMRIC and Jackson Lake shares will then be delivered to the headgate(s) or lateral(s) to which the shares were historically delivered, as described below. ACWWA and ECCV may also deliver their Shares through any other structure located on the Fort Morgan Canal if approved by the FMRIC Board of Directors. 7.1. Browne and Browne Shares. The total farm headgate delivery associated with the 22 Browne and Browne shares will be delivered via the Southside and Schwindt Laterals to the Glassey Recharge Site, constructed on the Glassey Farm in the NE1/4 of SE1/4 of Section 2, Township 3 North, Range 57 West of the 6th P.M., Morgan County, Colorado. 7.2. Glassey Shares. The total farm headgate delivery associated with the 16 Glassey shares will be delivered via the Southside and Schwindt Laterals to the Glassey Recharge Site, the location of which is described in paragraph 7.1, above. 7.3. Hofmeister Shares. The total farm headgate delivery associated with the 28 Hofmeister shares will be delivered to the Hofmeister Recharge Site, to be constructed on the Hofmeister Farm in the SW1/4 of the SE1/4 of Section 21, Township 3 North, Range 57 West of the 6th P.M., Morgan County, Colorado. 7.4. Kula Shares. The total farm headgate delivery associated with the 40 Kula shares may be delivered: (1) via the Platte Avenue and Sergeant Laterals to the Kula Recharge Site, to be constructed on the Kula Farm in the NE1/4 of NE1/4 of Section 4, Township 3 North, Range 57 West of the 6th P.M., Morgan County, Colorado; or (2) to the Teague Farm via the Dick and Work Laterals, as described in paragraph 7.5, below. 7.5. Teague Shares. The total farm headgate delivery associated with the 67.5 Teague shares will be delivered via the Dick or Work Laterals to the Teague Recharge Site, to be constructed on the Teague Farm in the E1/2 of Section 17, Township 3 North, Range 57 West of the

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6th P.M., Morgan County, Colorado. 7.6. Tri-J Shares. The total farm headgate delivery associated with the 23 Tri-J shares will be delivered either to: (1) the Tri-J Recharge Site, located on the Tri-J Farm, the location of which is described in paragraph 4.6, above, or (2) to the Teague Recharge Site, the description of which is in paragraph 7.5, above, via the Dick and Work Laterals. 8. Calculation of Historic Consumptive Use. Applicants will calculate the historic consumptive use of the Subject Water Rights based on a parcel-specific and demand-based analysis. Applicants do not seek a pro-rata or ditch-wide historic consumptive use analysis of the Subject Water Rights. 9. Return Flow Obligations. 9.1. ACWWA will maintain historical surface runoff and groundwater return flows on a daily basis whenever the downstream calling water right on the South Platte River, including exchanges, is senior to August 21, 2020. ACWWA shall meet its return flow obligations for the Subject Water Rights by any of the sources described in Exhibit 4. ACWWA may also deliver water from other fully-consumable sources, either directly or by exchange, or following storage or recharge, owned or controlled by ACWWA or any other available sources so long as the sources are decreed for augmentation purposes by the Water Court, or approved for replacement use under a SWSP approved by the State Engineer pursuant to sections 37-92- 308 or 309 of the Colorado Revised Statutes, or successor statutes, or are otherwise lawfully available for such use. 9.2. ECCV will maintain historical surface runoff and groundwater return flows on a daily basis whenever the downstream calling water right on the South Platte River, including exchanges, is senior to August 21, 2020. ECCV shall meet its return flow obligations for the Subject Water Rights by any of the sources described in Exhibit 5. ECCV may also deliver water from other fully-consumable sources, either directly or by exchange, or following storage or recharge, owned or controlled by ECCV or any other available sources, so long as the sources are decreed for augmentation purposes by the Water Court, or approved for replacement use under a SWSP approved by the State Engineer pursuant to sections 37-92- 308 or 309 of the Colorado Revised Statutes, or successor statutes, or are otherwise lawfully available for such use. 10. ACWWA’s Plan for Augmentation. 10.1. Purpose of the Plan for Augmentation. Through this augmentation plan, ACWWA will provide adequate sources of replacement water to maintain the historical return flow obligations associated with the Subject Water Rights. 10.2. Replacement Sources. ACWWA will use water derived from the sources described in Exhibit 4 to replace the historical return flow obligations associated with the Subject Water Rights in time, location, and amount in order to prevent injury to any owner of or persons entitled to use water under a vested water right or a decreed conditional water right. 10.3. Future Acquired Sources. ACWWA intends to acquire and/or lease additional water supplies in the future for use as a source of replacement in the plan for augmentation described herein. Those supplies may be acquired and/or leased to replace or supplement water from the sources identified in Exhibit 4. ACWWA will add future acquired sources to the plan for augmentation claimed herein pursuant to section 37-92-305(8)(c) of the Colorado Revised Statutes. 11. ECCV’s Plan for Augmentation. 11.1. Purpose of the Plan for Augmentation. Through this augmentation plan, ECCV will provide adequate sources of replacement water to maintain the historical return flow obligations associated with the Subject Water Rights. 11.2. Replacement Sources. ECCV will use water derived from the sources described in Exhibit 5 to replace the historical return flow obligations associated with the Subject Water Rights in time, location, and amount in order to prevent injury to any owner of or persons entitled to use water under a vested water right or a decreed conditional water right. 11.3. Future Acquired Sources. Applicants intend to acquire and/or lease additional water supplies in the future for use as a source of replacement in the plan for augmentation described herein. Those supplies may be acquired and/or leased to replace or supplement water from the sources identified Exhibit 5. Applicants will add future acquired sources to the plan for augmentation claimed herein pursuant to section 37-92-305(8)(c) of the Colorado Revised Statutes. 12. Integrated System. The Subject Water Rights will be used pursuant to and in accordance with the applicable terms and conditions of the plans for augmentation, exchanges, substitutions, and recharge projects decreed in Case Nos. 02CW403, 02CW404/03CW442, 10CW306, and 13CW3026, and the final decree to be entered in pending Case No. 16CW3200 and Consolidated Case Nos. 16CW3195/16CW3196, 19CW3084, 19CW3074, and 19CW3075, and any applicable terms and conditions contained in the decrees entered in Case Nos. 09CW283, 11CW280, and 11CW285. 13. Bylaw Approval. Applicants have completed FMRIC’s and JLRIC’s legally applicable requirements and procedures regarding approval of this change

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of water rights. Applicants may use their FMRIC shares and Jackson Lake water as a part of a SWSP approved by the State Engineer pursuant to sections 37-92-308 or 37-92-309 of the Colorado Revised Statutes, or successor statutes, provided such SWSP complies with FMRIC’s and Jackson Lake’s legally applicable requirements and procedures regarding approval of such plans. 14. Names and Addresses of the Owner of the Structures and Diversion Facilities Listed Above. 14.1. Fort Morgan Canal. FMRIC, 218 E Kiowa Avenue, Fort Morgan, CO 80701. 14.2. South Side Lateral Company. South Side Lateral Company, 218 E Kiowa Avenue, Fort Morgan, CO 80701. 14.3. Platte Avenue Lateral Company. Platte Avenue Lateral Company, 218 E Kiowa Avenue, Fort Morgan, CO 80701. 14.4. Sergeant Lateral Company. Sergeant Lateral Company, 218 E Kiowa Avenue, Fort Morgan, CO 80701. 14.5. Glassey Recharge Site. Co-Applicant United owns the Glassey Farm. 14.6. Kula Recharge Site. Co-Applicant ACWWA has an easement on the Kula Farm. 14.7. Hofmeister Recharge Site. Co-Applicant ACWWA has an easement on the Hofmeister Farm. 14.8. Teague Recharge Site. ACWWA has an easement on the Teague Farm. 14.9. Tri-J Recharge Site. Co-Applicant United owns the Tri-J Farm. 14.10. Jackson Lake Reservoir. JLRIC, 218 E Kiowa Avenue, Fort Morgan, CO 80701. WHEREFORE, Applicants requests that the Court enter a decree granting the change of water rights, plan for augmentation, appropriation of return flows, and for such other relief which it deems proper. (15 pages, 5 exhibits).

20CW3118 Deer Creek Valley Ranch, Llc And Mountain Mutual Reservoir Company; Deer Creek Valley Ranch, LLC, c/o Timothy F. Marasciullo, 831 Cortland Place, Highlands Ranch, CO 80126; Email: [email protected]; Telephone: (303) 929-1711; Mountain Mutual Reservoir Company, 6949 Highway 73, Suite 15, Evergreen, CO 80439; Email: [email protected]; Telephone: (303) 989-6932. Please direct all correspondence concerning this Application to: Aaron Ladd, Esq., Vranesh and Raisch, LLP, 5303 Spine Road, Suite 202, Boulder, CO 80301; Email: [email protected]; Telephone: (303) 443- 6151. APPLICATION FOR SURFACE WATER RIGHTS AND PLAN FOR AUGMENTATION INCLUDING EXCHANGE in JEFFERSON COUNTY. CLAIM NO. 1: APPLICATION FOR SURFACE WATER RIGHT 2. Name of Structures: DCVR Pipeline. a. Point of Diversion: The DCVR Pipeline will divert at the original point of diversion of the Nickerson No. 2 Ditch in the SW1/4 SE1/4, Section 9, Township 7 South, Range 72 West, 1,170 feet from the South Section Line and 2,050 feet from the East Section Line. This point is also described as: UTM Zone 13, NAD83, Easting 460970, Northing 4366584. b. Source: Deer Creek, tributary to the North Fork of the South Platte River, tributary to the South Platte River. c. Date of Appropriation: August 27, 2020. d. How Appropriation was Initiated: By filing this Application. e. Date Water was Applied to Beneficial Use: N/A f. Amount Claimed: 0.1 cfs, CONDITIONAL. g. Uses: DCVR Pipeline will divert water into Dozier Reservoir No. 1 to maintain a full reservoir, replacing water lost due to seepage and evaporation. In-reservoir uses of the Dozier Reservoir No. 1 structure include stock watering and recreation. Dozier Reservoir was decreed in Case No. 79CW346, Water Division 1, entered September 30, 1981, in the amount of 1.9 acre-feet, and with an appropriation date of June 30, 1952. Dozier Reservoir No. 1 is located in the NE1/4 NE1/4 and the SE1/4 SE1/4 of Section 16, Township 7S, Range 72W of the 6th P.M. h. Names and Addresses of Owners of Land on which New Structure will be Located: Co-Applicant Deer Creek Valley Ranch, LLC (“Deer Creek”). CLAIM NO. 2: APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT 3. Names of Structures to be Augmented and General Description: The structures to be augmented pursuant to this augmentation plan are: (i) the DCVR Pipeline, described in paragraph 2 above; and (ii) Dozier Reservoir No. 1, described in paragraph 2.g above (together the “Augmented Structures”). The structures are located on Co-Applicant Deer Creek’s 165-acre parcel located in the SE1/4, Section 9, SW1/4, Section 10, NW1/4, NW1/4, Section 15, and NE1/4, NE1/4, Section 16, all in Township 7 South, Range 72 West of the 6th P.M., also known as 64057 Hwy 285, Bailey, CO 80421 (the “Property”), shown on the map attached as Exhibit A. The Property is located within the drainage of Deer Creek, tributary to the North Fork of the South Platte River, tributary to the South Platte River. 4. Water Rights to be used for Augmentation Purposes: a. Co-Applicant Deer Creek owns 100 shares of stock in the Mountain Mutual Reservoir Company (“MMRC”) to satisfy their current and future augmentation needs. The 100 shares represent the right to receive 3.140 acre-feet firm yield annually from

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the Nickerson water rights, described below, and 1.821 acre-feet of storage in Maddox Reservoir. It is expected that the replacement needs pursuant to this augmentation plan will require only 40.8 shares of MMRC, representing 1.280 acre-feet of replacement water from the Nickerson water rights and 0.201 acre- feet of storage in Maddox Reservoir. b. The water rights associated with the MMRC shares described in paragraph 5.a. are described as follows: i. Maddox Reservoir: The Maddox Reservoir is located in the NE1/4 SW1/4, Section 22, Township 7 South, Range 73 West of the 6th P.M. in Park County. It was adjudicated on November 11, 1971 with an appropriation date of May 31, 1905. It is decreed for multiple purposes including irrigation, domestic, fish culture and recreation with a capacity of 54.0 acre-feet. It is filled by the Maddox Reservoir Feeder Ditch, which diverts from the North Fork of the South Platte River in the NE1/4, SE1/4, SW1/4, Section 22, Township 7 South, Range 73 West of the 6th P.M. and decreed as an alternate point of diversion for the Slaght Ditch. Allocation of yield to Maddox Reservoir is attached as Exhibit B. ii. Lower Sacramento Creek Reservoir: The Lower Sacramento Creek Reservoir Company, a Colorado corporation, owns and operates the Lower Sacramento Creek Reservoir No. 1. The Reservoir is located in the NE1/4 NW1/4, Section 32, and the SE1/4 SW1/4, Section 29, Township 9 South, Range 77 West, 6th P.M., Park County, Colorado. North Fork Associates owns 932 shares of a total of 3,700 shares in the Company (a 25.2% interest). The Reservoir has been constructed and is entitled to store water under the following decree:

Adjudication Date Appropriation Date Amount

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

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

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

The water may be used for domestic, municipal, commercial, industrial, irrigation, fish and wildlife propagation, recreational and all other beneficial purposes, including exchange to compensate for depletions in the South Platte River and its tributaries. Other ownerships in the reservoir have transferred water rights to Lower Sacramento Creek Reservoir No. 1 in which Seller has no interest. iii. Nickerson No. 2 Ditch: The Nickerson No. 2 Ditch, with a South Platte Priority No. 262 and North Fork Drainage Priority No. 24 has an appropriation date of May 1, 1872 as adjudicated by the District Court for Park County on May 22, 1913 in the amount of 0.65 of a cubic-foot-per-second. The headgate is located on the North bank of Deer Creek at a point whence the E1/4 Corner, Section 9, Township 7 South, Range 72 West of the 6th P.M., bears North 58º15’ East, 2320 feet and has historically irrigated approximately 35 acres adjacent to Deer Creek in the SE1/4 Section 9, NW1/4 Section 15, and NE1/4 Section 16, Township 7 South, Range 72 West of the 6th P.M. all in Park County. iv. Parmalee No. 1 Ditch: The Parmalee No. 1 Ditch, with a South Platte Priority No. 251 and North Fork Drainage Priority No. 14 has an appropriation date of May 1, 1867 as adjudicated by the District Court for Park County on May 22, 1913 in the amount of 0.52 of a cubic-foot- per-second. In that decree the headgate was located on the North bank of Deer Creek at a point whence the S1/4 Corner of Section 32, Township 6 South, Range 72 West of the 6th P.M., bears South 70º 6’ East, 1,210 feet. Water Division No. 1 District Court Case No. W-7434 changed the location of the headgate to the Nickerson No. 2 Ditch, as shown above. v. Carruthers No. 2 Ditch: The Carruthers No. 2 Ditch, with a South Platte Priority No. 250 and North Fork Drainage Priority No. 13 has an appropriation date of May 1, 1867 as adjudicated by the District Court for Park County on May 22, 1913 in the amount of 0.52 of a cubic-foot-per-second. In that decree the headgate was located on the North bank of Deer Creek at a point whence the S1/4 Corner between Section 31 and 32, Township 6 South, Range 72 West of the 6th P.M., bears North 85º 30’ East, 1398 feet. Water Division No. 1 District Court Case No. W-7434 changed the location of the headgate for 0.28 of a cubic-foot-per-second to the Nickerson No. 2 Ditch, as shown above. This 0.28 of a cubic-foot-per-second is included in this contract. vi. Slaght Ditch: In accordance with the

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Decree entered in Civil Action No. 1678 of Park County District Court, on May 22, 1913, the Slaght Ditch was awarded a direct flow priority of May 1, 1863, for 2.0 cubic feet per second for irrigation purposes. The source of water is the North Fork of the South Platte River. The point of diversion for the Slaght Ditch was originally established to be a point on the North bank of the North Fork of the South Platte River in the NE1/4 SE1/4, of Section 21, Township 7 South, Range 73 West, 6th P.M., approximately 2,060 feet North and 490 feet West of the SE Corner of Section 21. Pursuant to a decree entered by the District Court for Water Division 1 in Case No. 82CW472, on October 3, 1983, the Maddox Reservoir Feeder Ditch was approved as an alternate point of diversion for the Slaght Ditch water right. The point of diversion of the Maddox Reservoir Feeder Ditch is located on the North bank of the North Fork of the South Platte River in the NW1/4 SW1/4, Section 22, Township 7 South, Range 73 West, 6th P.M., approximately 1,240 feet East and 1,740 feet North of the SW Corner of Section 22. In Case No. 79CW339, 0.12 of a cubic foot per second of the Slaght Ditch water right was changed to augmentation, replacement and storage purposes. In Case No. 81CW253, the point of diversion for 0.008 of a cubic foot per second of the Slaght Ditch priority was changed to a new location, with the water continuing to be used for irrigation purposes. Of the remaining 1.872 cubic feet per second, 0.481 of a cubic foot per second was transferred by MMRC in Case No. 2003CW238 and 0.727 will be transferred in Case No. 2016CW3197. vii. Mack Ditch No. 2: In accordance with the Decree entered in Civil Action No. 1678 of the Park County District Court, on May 22, 1913, the Mack Ditch No. 2 as awarded a direct flow priority of May 1, 1863, for 1.0 cubic foot per second for irrigation purposes. The source of water is the North Fork of the South Platte River. The point of diversion of the Mack Ditch No. 2 was originally established to be on the South bank of the North Fork of the South Platte River at a point in the NE1/4 SE1/4, Section 21, Township 7 South, Range 73 West, 6th P.M., Park County, Colorado whence the E1/4 Corner of said Section 21 bears North 43 degrees East, a distance of 984 feet more or less. By an Order of the Park County District Court entered on October 17, 1927, the point of diversion was moved approximately 789 feet upstream to a point on the South bank of the North Fork of the South Platte River in the NE1/4 SE1/4, Section 21, Township 7 South, Range 73 West, 6th P.M., whence the E1/4 Corner of said Section 21 bears North 79 degrees 30 seconds East, a distance of 1,292 feet, more or less. In Case Nos. W-7503, W7548, 80CW080, 80CW455, 81CW143, 81CW298, and 89CW081, at total of 0.1191 of a cubic foot per second of Mack Ditch No. 2 water right was transferred out of the ditch for uses other than irrigation. Of the remaining 0.8809 of a cubic foot per second, 0.44045 of a cubic foot per second was transferred by MMRC in Case No. 2003CW238. c. Firm Yield of Nickerson Ditch Rights: The Nickerson No 2, Parmalee No. 1, and Carruthers No. 2 Ditches are referred to herein as the “Nickerson Ditch Rights.” The Decree issued in Case No. 2000CW174, dated October 11, 2002, quantified the historic consumptive use associated with the Nickerson Ditch Rights. Allocation of yield to Nickerson Ditch Rights is attached as Exhibit C. The terms and conditions under which the Nickerson Ditch Rights are used for augmentation, replacement, exchange and storage purposes were also defined and approved in Case No. 2000CW174, as follows: i. The Nickerson Ditch Rights may be left in the stream system to offset depletions from water use by MMRC shareholders. The water may also be stored in the Lower Sacramento Creek Reservoir No. 1, Maddox Reservoir and other MMRC reservoirs within the South Platte River Basin located above South Platte, Colorado; provided, however, that the details of storage in another reservoir are published in the Water Resume, or such storage is approved by the State Engineer pursuant to Paragraphs 37-80-120 and 37-92-308, 10 C.R.S. (2002). ii. The maximum rate of diversion under the Nickerson Ditch Rights is 0.8 of a cubic foot per second. Diversions are limited to the May 1, 1867 priorities decreed to the Parmalee Ditch No. 1 and the Carruthers Ditch No. 2. iii. Diversions to storage and/or assignment for in-stream augmentation credit are limited to the period April 23 through October 31 of each year, and are further limited to those times when water is physically and legally available for diversion at the historic Nickerson Ditch No. 2 headgate on Deer Creek. If the May 1, 1867, priority is not fully satisfied to the extent of 0.8 of a cubic foot per second, the diversion rate is reduced to the flow, which is then physically and legally available. iv. Maximum monthly diversions under the Nickerson Ditch Rights are limited as follows: April, 2.0 acre feet; May, 16.0 acre feet; June, 19.0 acre feet; July, 16.0 acre feet; August, 10.0 acre feet; September, 7.0 acre feet; and October, 4.0 acre feet. Maximum annual diversions are limited to 62 acre-feet per year. During any consecutive ten-year

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period, total diversions are further limited to 486 acre-feet. d. Firm Yield of Slaght Ditch Rights: The Slaght Ditch and Mack Ditch No. 2 water rights described herein shall hereinafter be referred to collectively as “Slaght Ditch Rights.” The Decree issued in Case No. 2003CW238, dated October 24, 2006, quantified the historic consumptive use associated with the Slaght Ditch Rights. The terms and conditions under which these water rights are used for augmentation, replacement, exchange and storage purposes were also defined and approved in Case No. 2003CW238, as follows: i. The Slaght Ditch Rights may be left in the stream system to offset depletions from water use by MMRC shareholders. The water may also be stored in the Lower Sacramento Creek Reservoir No. 1 or the Maddox Reservoir. ii. The maximum rate of diversion under the Slaght Ditch Rights is 0.5 of a cubic foot per second. iii. Diversions to storage and/or assignment for in-stream augmentation credit are limited to the period May 1 through October 31 of each year, and are further limited to those times when water is physically and legally available for diversion at the historic Slaght Ditch headgates on the North Fork of the South Platte River. If the May 1, 1867, priority is not fully satisfied to the extent of 2.0 cubic foot per second for the Slaght Ditch and 1.0 cubic foot per second for the Mack Ditch No. 2, MMRC’s diversions are limited to its prorate entitlement to the water when physically and legally available. iv. Maximum annual diversions of the portion of the Slaght Ditch Rights changed in 2003CW238 are limited to 41 acre-feet per year. During any consecutive ten year period, the total diversions are further limited to 342 acre feet. v. Pursuant to the Decree issued in Case No. 2016CW3197, the historic consumptive use associated with an additional 0.727 cfs of the Slaght Ditch water right yields 31.8 acre-feet of consumptive use water. 5. Statement of Plan for Augmentation: Co- Applicant Deer Creek will fill the Dozier Reservoir No. 1 in priority and divert from the DCVR Pipeline to maintain the Dozier Reservoir No. 1 at full pool in priority whenever possible. However, at times when Dozier Reservoir is filled or maintained at full pool by out-of-priority storage or diversion of the DCVR Pipeline, Applicants will replace those out-of-priority depletions pursuant to this augmentation plan. It is expected that the total diversions and storage necessary to maintain Dozier Reservoir No. 1 at full pool after filling will be equal to evaporation at Dozier Reservoir No. 1, which will have a maximum surface area of 0.75 acres, and which evaporation is calculated as not more than 1.280 acre- feet annually, comprised of 1.080 acre-feet during the irrigation season (May-October) and 0.197 acre- feet during the non-irrigation season (November-April). The monthly breakdown of depletions is provided as Exhibit D attached hereto. a. During the months of May through October, the primary augmentation supply will be to leave HCU credits associated with the Nickerson Ditch Rights in Deer Creek to offset out-of-priority depletions. During the non-irrigation season during the months of November through April, and at times when the Nickerson Ditch Rights are not in priority, replacement will be made by release from Maddox Reservoir. MMRC also seeks the right to use the Slaght Ditch Rights and/or Lower Sacramento Creek Reservoir to make replacements pursuant to this augmentation plan. b. As the point of diversion for the DCVR Pipeline is the historical point of diversion for the Nickerson No. 2 Ditch, no transportation losses are necessary for replacements made using the Nickerson Ditch rights. The distance from Maddox Reservoir to the point of depletion is 14 miles, resulting in a transportation loss of 0.004 during the non-irrigation season of November through April. Other transportation charges will be assessed at 0.13% per mile. c. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases of short duration. 6. Substitution and Exchange Reach: Since the points of depletion associated with the augmented structures are upstream of the augmentation supplies, Applicants assert a water exchange plan including a right of substitution and exchange pursuant to Sections 37-80-120, 37-92-103(9), 37-92-302(1)(a), and 37-920305(5), C.R.S. The reach of the substitution and exchange shall extend from the confluence of Deer Creek and the North Fork of the South Platte River in the NE1/4 NW1/4, Section 7, Township 7 South, Range 71 West, thence up Deer Creek to the point of depletion in the S1/2 SE1/4 Section 9, Township 7 South, Range 72 West all in the 6th P.M. In the event that there is an intervening senior water right that precludes operation of the substitution and exchange, the Applicants can cease any out-of- priority diversions or have replacement water delivered by truck to the point of depletions or have an on- site container from which replacement water may be released. The water exchange plan will operate to replace depletions to the flow of water in the stream system as the depletions occur. The water exchange

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plan will be operated and administered with a priority date of August 27, 2020, at a maximum flow rate of 0.001 of a cubic foot per second. WHEREFORE, Applicants request the entry of a decree approving this Application, specifically (1) granting the appropriations sought in this Application, (2) authorizing use of the augmentation supplies described in this Application, (3) determining that the source and location of delivery of augmentation water are sufficient to prevent material injury to vested water rights. (11 pgs., 4 exhibits)

20CW3119 (13CW3068, 06CW98, 96CW148) City Of Arvada, C/O Water Resources Administrator, 8101 Ralston Road, Arvada, CO 80001-8101. Please send all correspondence and pleadings to: Steven P. Jeffers, Madoline Wallace-Gross, Carey S. Smith V, Lyons Gaddis Kahn Hall Jeffers Dworak & Grant, PC, 950 Spruce Street, Suite 1B, Louisville, CO 80027; [email protected] (720) 726-3671. APPLICATION FOR FINDING OF REASONABLE DILIGENCE in ADAMS AND JEFFERSON COUNTIES. 2. Decreed name of remaining conditional water rights: Ralston Creek Croke Canal Exchange; to Ralston Creek Arvada Reservoir Exchange; Clear Creek to Ralston Creek Croke Canal Exchange; Metropolitan Denver Waste Water Treatment Plant to Clear Creek Croke Canal or Ralston Creek Arvada Reservoir Exchange; Ward Road Pond to Arvada Reservoir Exchange. 3. Describe the conditional water rights, including the following information from previous decree: A. Date of original decree, case no. and court: Date of original decree: April 20, 2000; Case No. 96CW148, District Court, Water Division No. 1. B. Subsequent diligence decrees: A diligence decree was entered in Case No. 06CW98, District Court, Water Division No. 1 on July 6, 2007. A subsequent diligence decree was entered in Case No. 13CW3068, District Court, Water Division No. 1 on August 19, 2014. C. Description of conditional water rights and rates of diversion: The Court previously decreed absolute Arvada’s exchanges identified as Ralston Creek Arvada Reservoir Exchange I, Ralston Creek Arvada Reservoir Exchange II, Ralston Creek to Clear Creek Croke Canal Exchange, and Clear Creek Croke Canal Exchange. The following decreed exchanges remain conditional or partially conditional and are the subject of this application. i) Ralston Creek Croke Canal Exchange. Water to which Arvada is entitled to divert from Ralston Creek will be diverted at the Croke Canal Ralston Creek headgate. The maximum rate of exchange is 0.44 cfs. The full amount is currently decreed conditional. ii) Clear Creek to Ralston Creek Arvada Reservoir Exchange. Water to which Arvada is entitled to divert from Clear Creek will be returned to or bypassed down Clear Creek and delivered to the confluence of Ralston Creek and Clear Creek, and an equal amount of water will be diverted at Arvada Reservoir. The maximum rate of exchange is 27 cfs. The exchange was previously made absolute in the amount of 15.65 cfs, and 11.35 cfs is conditional. iii) Clear Creek to Ralston Creek Croke Canal Exchange. Water to which Arvada is entitled to divert from Clear Creek will be returned to or bypassed down Clear Creek and delivered to the confluence of Ralston Creek and Clear Creek, and an equal amount of water will be diverted at the Croke Canal Ralston Creek headgate. The maximum rate of exchange is 27 cfs. The full amount is currently decreed conditional. iv) Metropolitan Denver Waste Water Treatment Plant to Clear Creek Croke Canal or Ralston Creek Arvada Reservoir Exchange. Treated wastewater for which Arvada is entitled to claim credit, pursuant to the decree in Case No. 96CW148, and which treated wastewater is in excess of the return flow obligations due at the outfall of the Metropolitan Denver Waste Water District (aka Metropolitan Wastewater Reclamation District) Treatment Plant, will be released at the plant outfall and an equal amount of water will be diverted either at the headgate of the Croke Canal on Clear Creek or at Arvada Reservoir on Ralston Creek. The treatment plant discharges to the South Platte River in Adams County in Section 1, Township 3 South, Range 68 West of the 6th P.M. The maximum cumulative rate of flow for this exchange, together with the like treatment plant exchanges described in the decrees in Case Nos. W-8762-77, 82CW359, 85CW409, 85CW410 and 88CW105, is 12 cfs. The exchange was previously made absolute in the amount of 5.65 cfs, and 6.35 cfs is conditional. v) Ward Road Pond to Arvada Reservoir Exchange. Applicant sold Ward Road Pond and no longer intends to complete this conditional appropriation. D. The locations of the structures involved in the remaining conditional exchanges are depicted on the map attached hereto as EXHIBIT A and are described as follows: i) Arvada Reservoir. Arvada Reservoir is located in Section 3 and the NW1/4 of Section 2, Township 3 South, Range 70 West, 6th P.M., and the SE1/4 Section 33, Township 2 South,

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Range 70 West, 6th P.M., Jefferson County, Colorado. The centerline of the dam of Arvada Reservoir is described as follows: Commencing at the NE Corner of Section 3, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado; thence at an angle to the right of 17º34’59” from the East line of said Section 3, a distance of 200.75 feet to the True Point of Beginning. Thence at a deflection angle to the right of 4º52’48”, a distance of 1,683.374 feet to a point of curvature; thence along a curve to the right, having a radius of 2,585.813 feet, and a delta of 26º07’37”, a distance of 1,179.134 feet to a point of tangency; thence along the tangent of the before-described curve, a distance of 819.242 feet to the point of ending. ii) Croke Canal. The Clear Creek headgate of the Croke Canal is at a point on the North bank of Clear Creek in the NW1/4 NE1/4 of Section 26, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado. The Ralston Creek headgate is located at a point where said canal crosses Ralston Creek in Section 1, Township 3 South, Range 70 West, 6th P.M., Jefferson County, Colorado. iii) Farmers High Line Canal. The Clear Creek headgate of the Farmers High Line Canal is located on the North bank of Clear Creek in the N1/2 SW1/4 of Section 27, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado, about 860 feet South, 7º30’ East (magnetic bearing) from the NE corner of the W1/2 of said Section 27. iv) Church Ditch. The Clear Creek headgate of the Church Ditch is located on the North bank of Clear Creek approximately one mile west of Golden, at a point in the SE1/4 NW1/4 NE1/4 of Section 32, Township 3 South, Range 70 West, 6th P.M., Jefferson County, Colorado, South 69º30’ West, 1,450 feet from the NE corner of said Section. v) Reno-Juchem Ditch. The Clear Creek headgate of the Reno-Juchem Ditch is located in the NE1/4 SE1/4 SW1/4, Section 19, Township 3 South, Range 69 West, 6th P.M., Jefferson County, Colorado, at a point on the North bank of Clear Creek about 1,350 feet upstream of Eldridge Street. The Ralston Creek headgate is located on the North bank of Ralston Creek in the SE1/4 NW1/4, Section 4 Township 3 South, Range 69 West, 6th P.M., Jefferson County, Colorado. vi) Slough Ditches. The Clear Creek headgate of the Slough Ditches is located in the NE1/4 SE1/4, Section 19, Township 3 South, Range 69 West, 6th P.M., Jefferson County, Colorado, at a point on the north bank of Clear Creek one-quarter mile west of the Youngfield Street Bridge. vii) Manhart Ditch. The decreed point of diversion for the Manhart Ditch is on the North bank of Ralston Creek in the SW1/4, Section 12, Township 3 South, Range 69 West, 6th P.M., Jefferson County, Colorado. viii) Metro Wastewater Reclamation District Treatment Plant Outfall. The present location of the outfall of the Treatment Plant is at a point on the East bank of the South Platte River in Section 1, Township 3 South, Range 68 West, which lies 1,400 feet East of the SW corner of said Section 1, Adams County, Colorado. E. Source of water: Ralston Creek and Clear Creek, tributaries to the South Platte River. F. Appropriation date: July 1, 1988, for all exchanges. G. Use and place of use: Municipal (including domestic, irrigation, commercial and industrial), recreational, fish and wildlife propagation, irrigation, and augmentation purposes. The place of use for municipal purposes is within Arvada’s municipal water system, for recreational, fish and wildlife purposes is in Arvada Reservoir, and for irrigation and augmentation purposes in Arvada’s service area as shown on attached EXHIBIT B. 4. 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: These conditional exchanges are component parts of Applicant’s integrated water supply system. During the subject diligence period, Applicant conducted the following work related to its integrated system at a cost in excess of $796,003: A. Developed the Arvada Blunn/Pioneer Master Plan Study, completed in September 2015 by Wenk and Associates to evaluate the location and configuration of Highway 93 Lakes in conjunction with Arvada Reservoir, and other uses of that land, at a cost of $66,860. B. Evaluated the feasibility of constructing Highway 93 Lakes in 2016, to operate in conjunction with Arvada Reservoir, as described in a report in Case No. 05CW112 prepared by Applegate Group at a cost of $11,258. C. Conducted service spillway modification to the underdrain system at a cost of $117,885 in 2017. D. Worked with Division Engineer to revise Arvada Reservoir accounting forms in 2017, and augmentation plan accounting forms in 2020. E. Entered into an agreement with Black Hawk for use of its augmentation station on the Church Ditch on April 22, 2020. F. Adjudicated water court cases including Case No. 05CW112, 11CW237 and 17CW3210 for change of water rights, exchanges and plans for augmentation including these structures; 12CW293 for diligence involving Arvada Reservoir; 13CW3068 for diligence on exchanges involving Arvada Reservoir; 14CW3033 for diligence on Tucker

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Lake exchanges; 17CW3085 for diligence on the Arvada Reservoir Storage Right; and 18CW3165 for diligence for storage in Highway 93 Lakes. Applicant expended in excess of $600,000 in legal fees and engineering costs in those cases combined. G. Opposed numerous water court cases filed by other water users to protect from injury Applicant’s water rights, including the subject conditional water rights, and incurred legal and engineering expenses in defense of these water rights. 5. If claim to make absolute in whole or in part: N/A. 6. Names and address of owner or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: A. Applicant owns Arvada Reservoir. B. Farmers High Line Canal is owned by Farmers High Line Canal & Reservoir Company, 8399 W. 89th Avenue, Westminster, CO 80021. C. Croke Canal is owned by Farmers Reservoir and Irrigation Company, 80 South 27th Avenue, Brighton, CO 80601. D. Church Ditch is owned by Church Ditch Water Authority, 14025 W. 82nd Ave., Arvada, CO 80005. E. Reno-Juchem Ditch is owned by Consolidated Juchem Ditch and Reservoir Co., c/o Jerry Hightower, 5771 Tabor St., Arvada, CO 80002. F. Slough Ditches are owned or operated by Bayou Ditch Association, 4515 Robb Street, Wheat Ridge, CO 80033. G. Manhart Ditch is owned by Manhart Ditch Company, c/o City of Westminster, Bob Krugmire, Secretary, 6575 W. 88th Ave., Westminster, CO 80031. H. Metro Wastewater Reclamation District Treatment Plant is owned by Metro Wastewater Reclamation District, 6450 York Street, Denver, Colorado 80229. WHEREFORE, Arvada requests that this Court enter a decree finding and determining that: 1. Arvada has abandoned the Ward Road Pond to Arvada Reservoir Exchange, and that conditional water right should be cancelled; 2. Arvada has exercised reasonable diligence in the development of the remaining conditional water rights; and 3. The conditional water rights should be continued in full force and effect for an additional six years following entry of the decree in this case. The application is 7 pages, excluding exhibits.

20CW3120, K&M Company, LLP, c/o Thomas K. Moore, 1230 Country Club Road, Fort Collins, CO, 80524, (970) 482-8082. Please address all future correspondence and pleadings to to: Brent A. Bartlett, Esq., Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Road, Fort Collins, Colorado 80525, (970) 407-9000. APPLICATION FOR SIMPLE CHANGE IN SURFACE POINT OF DIVERSION PURSUANT TO § 37-92-305(3.5), C.R.S. in LARIMER COUNTY 2. Purpose. The purpose of this Application is to reconcile the decreed location for the Keller Well No. 2 with its actual physical location. The Keller Well No. 2 has always existed and operated in its current physical location. The Applicant does not seek any change to the physical location of the Keller Well No. 2. Instead, the Applicant seeks to change the decreed location of the Keller Well No. 2 to match the physical location. 3. Decreed water right for which change is sought. A. Name of structure: Keller Well No. 2 02972F B. Date of original decree: February 13, 1974, Water Division One Case No. W-1733. C. Legal description of structure as described in most recent decree that adjudicated the location: Bears South 57°00’ West, 1750 feet from the NE Corner of Section 5, Township 7 North, Ranch 68 West of the 6th P.M., Larimer County, Colorado. D. Decreed source of water: Groundwater E. Appropriation Date: March 31, 1915. F. Total amount decreed to structure: 2.28 cfs, absolute. G. Decreed uses: Irrigation of approximately 169 acres in the NE 1/4 and parts of the SE 1/4 of Section 5, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado. H. Amount of 4. Detailed description of proposed change in a surface point of diversion. A. A recent survey shows that the actual location and point of diversion for the Keller Well No. 2 is roughly 294 feet from the location specified in the Original Decree. B. Applicant proposes to change the decreed point of diversion for the Keller Well No. 2 to its actual current location. The UTM coordinates for the new point of diversion are as follows: Easting 0497788; Northing 4495189 (Zone 13). C. The proposed change in point of diversion does not include any other type of change of water right, and upon information and belief, there are no intervening surface diversion points or inflows not owned or controlled by the Applicant between the new point of diversion and the diversion point from which a change is being made. C.R.S. § 37-92- 305(3.5)(A)(II). D. The proposed change in point of diversion would not result in a greater flow rate or amount of water than has been decreed to this water right or injuriously affect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right. C.R.S. § 37-92-

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305(3.5)(C). E. Water is legally and physically available at the changed location. 5. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion structure, or modification to any existing diversion structure is or will be constructed. Applicant owns the land where the Keller Well No. 2 is located and does not propose any new diversion structures. (4 pages)

20CW3121 (14CW3028) (02CW400). Eldora Enterprises LLC, c/o Brent Tregaskis, General Manager, 2861 Eldora Ski Road, Nederland, Colorado 80466, Phone: 303-416-8670, Email: [email protected]. APPLICATION TO MAKE CONDITIONAL WATER RIGHT ABSOLUTE IN PART AND FOR FINDING OF REASONABLE DILIGENCE in BOULDER AND GILPIN COUNTIES. Copies of all pleadings to: Richard A. Johnson, #16047, David F. Bower, #39405, Michael S. Davidson, #42319, Johnson & Repucci LLP, 850 W. South Boulder Road, Suite 100, Louisville, Colorado 80027, Phone: 303-442-1900, Fax: 303-442-0191, Email: [email protected]; [email protected]; [email protected]. Overview. Eldora operates Eldora Mountain Resort (the “Resort”) on its fee property and adjacent Forest Service property, which is located primarily in the Middle Boulder Creek basin and partially in the South Boulder Creek basin west of the Town of Nederland, Colorado. A general location map of the Resort and its water rights features is attached as Exhibit A. In Case No. 02CW400, Eldora was decreed (i) a 40 acre-feet conditional storage right for Kettle Pond and (ii) a 4.0 cfs, 132 acre-feet appropriative right of exchange in order to exchange the Resort’s snowmaking return flows accruing to Middle Boulder Creek up Peterson Creek to storage in Peterson Lake (the “Peterson Lake Exchange”). The decree in Case No. 02CW400 determined that 2.78 cfs and 88.8 acre-feet of the Peterson Lake Exchange was absolute and that the remaining 1.22 cfs and 43.2 acre-feet was conditional. In Case No. 14CW3028, the Water Court recognized as absolute (i) 5.39 acre-feet of the conditional Kettle Pond storage right, (ii) all 1.22 cfs of the conditional Peterson Lake Exchange rate, and (iii) an additional 15.96 acre-feet of the conditional Peterson Lake Exchange volume. The Water Court also continued the remaining 34.61 acre-feet Kettle Pond conditional storage right and the 27.24 acre-feet Peterson Lake Exchange conditional volume. By this application, Eldora seeks to make an additional 29.88 acre-feet of the conditional Kettle Pond storage right absolute and for a finding of reasonable diligence with respect to the 4.73 acre-feet not made absolute. Eldora also seeks to continue all 27.24 acre-feet of the conditional Peterson Lake Exchange volume. An engineering report supporting this application and demonstrating that Eldora stored water in priority in Kettle Pond in the amount claimed is attached as Exhibit B. Description of Conditional Water Storage Right. Name of Structure. Kettle Pond, an off-channel pond. Original Decree. The decree for the Kettle Pond conditional storage right was entered on February 5, 2008, in Case No. 02CW400. A portion of the Kettle Pond storage right was recognized as absolute and the remainder of the right was continued as conditional on August 6, 2014, by the decree entered in Case No. 14CW3028. Legal Description of Reservoir. The center point of Kettle Pond is located approximately 2,300 feet from the west section line and 2,300 feet from the south section line of Section 29, Township 1 South, Range 73 West of the 6th P.M. Decreed Amount. 40.0 acre- feet, with the right to fill and refill. Of the 40 acre-feet total storage amount, 5.39 acre-feet has been recognized as absolute and 34.61 acre-feet is decreed as conditional. Source & Rate of Fill. South Boulder Creek via Jenny Creek Pipeline and natural run off. Kettle Pond fills at a rate of up to 0.2 cfs via the Jenny Creek Pipeline. Uses. Potable in-house and commercial uses, domestic, snowmaking, recreation, irrigation, stock watering, wildlife, piscatorial, fire protection, augmentation, replacement, and exchange, with the right to use, reuse, and successively use this water to extinction, including recapture and reuse of return flows. Date of Appropriation. December 31, 2002. Description of Conditional Appropriative Right of Exchange. Original Decree. The decree for the Peterson Lake Exchange was entered on February 5, 2008, in Case No. 02CW400. Portions of the conditional Peterson Lake Exchange right were recognized as absolute and the remainder of the right was continued as conditional on August 6, 2014, by the decree entered in Case No. 14CW3028. Description of Peterson Lake Exchange. Eldora may exchange up to 132 acre-feet of fully consumable snowmaking return flows accruing to Middle Boulder Creek up Peterson Creek to storage in Peterson Lake. Of the 132 acre-feet total exchange volume, 104.76 acre-feet has been recognized as absolute and 27.24 acre-feet is decreed as conditional. Exchange Reach.

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The Peterson Lake Exchange is operated up Peterson Creek to Peterson Lake as follows: Downstream Exchange Point. The “exchange-from” point is the confluence of Peterson Creek and Middle Boulder Creek, located in the NW1/4 SW1/4 of Section 22, Township 1 South, Range 73 West of the 6th P.M. Upstream Exchange Point. The “exchange-to” point is Peterson Lake, whose dam centerline is located 65 feet north of the south section line and 1,354 feet east of the west section line of Section 21, Township 1 South, Range 73 West of the 6th P.M. Maximum Rate of Exchange. Subject to paragraph 10.T(vi) of the decree entered in Case No. 02CW400, the Peterson Lake Exchange may be operated at a rate of up to 4.0 cfs. This entire 4.0 cfs exchange rate has been recognized as absolute. Uses. The exchanged water may be stored in Peterson Lake and may be used for in-house potable and commercial uses, augmentation, irrigation, domestic, industrial, fire protection, recreation, and snowmaking. Date of Appropriation. July 31, 2002. Claim to Make Absolute. Of the 34.61 acre-feet conditional water right currently associated with Kettle Pond, Applicant is requesting that 29.87 acre-feet be recognized as absolute. At the end of July 2015, Eldora had in storage a total of 35.27 acre-feet attributable to the subject Kettle Pond water right. Accordingly, Eldora stored in priority 29.88 acre-feet of water above and beyond the 5.39 acre-feet already decreed as absolute. The 4.73 acre-feet not made absolute by this claim remains conditional. Claim for a Finding of Reasonable Diligence. During the subject diligence period, Eldora stored water under the conditional Kettle Pond storage right and continued to operate the Peterson Lake Exchange within the amounts previously recognized as absolute. In addition, the following activities were undertaken toward completion and application of the subject water rights to their decreed beneficial uses. Kettle Pond and the Peterson Lake Exchange, along with Eldora’s augmentation and snowmaking recapture plan decreed in Case No. 02CW400, are all component features of an integrated water supply system for use at the Resort, and work on one feature of the system must be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire system pursuant to C.R.S. § 37-92-301(4)(b) and paragraph 15 of the decree entered in Case No. 02CW400. Additional Water Rights Decreed for Snowmaking Use. During the subject diligence period, Eldora prosecuted and obtained change decrees in Case Nos. 12CW87 and 16CW3015, both of which added senior irrigation rights to Eldora’s water rights portfolio. The change of water rights approved in these two cases allow Eldora to use additional water at the Resort for snowmaking and other purposes, and the snowmaking return flows from water diverted, stored, and exchanged under these decrees may be exchanged under the Peterson Lake Exchange. In acquiring the water rights decreed in Case Nos. 12CW87 and 16CW3015, Eldora incurred significant engineering and legal expenses, in addition to the cost of the water rights themselves. Eldora also received diligence decrees in Case Nos. 14CW3159, 19CW3122, and 19CW3160. In Case No. 19CW3122, Eldora’s exchange of its recapturable snowmaking return flows accruing to the South Boulder Creek side of the resort was made absolute. In addition, Eldora is currently prosecuting an application in Case No. 19CW3250 to enlarge its Jenny Creek Exchange right in the South Boulder Creek basin, which will be used in conjunction with the Peterson Lake Exchange right to recapture all of Eldora’s reusable snowmaking return flows. General Engineering Costs. Since August 2014, Eldora incurred significant expenses for general water resources consulting and engineering services. As part of this work, Eldora’s water resources engineers, BBA Water Consultants, Inc.: (i) accounted for and coordinated the operation of Eldora’s plan for augmentation and return flow recapture plan approved in Case Nos. 02CW400 and 08CW305, as well as the diversion and storage of Eldora’s other water rights; (ii) prepared and submitted Eldora’s accounting required under Case Nos. 02CW400 and 08CW305 to the State Engineer’s Office; (iii) actively assisted Eldora in its acquisition of new water rights for use at the Resort, including providing expert witness services in conjunction with changing the rights in the Division 1 Water Court; and (iv) produced engineering reports to assist Eldora in its long- term water rights planning. Resort Improvements and Capital Investments. Eldora has been working with the Forest Service (“USFS”) to expand the skiable terrain and to perform other improvements at the Resort. After many years of work, on April 25, 2019, Eldora received approval from the USFS to increase the amount of skiable terrain in the South Boulder Creek basin with snowmaking. Similarly, on February 11, 2020, Eldora received approval from the Boulder County Board of Commissioners to expand the Resort’s parking lots. Both projects required a great deal of time and

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expense to receive permitting and demonstrate Eldora’s continued efforts to expand the Resort’s operations. In addition, Eldora continues to expend significant sums in improving the guest experience. In late 2017, Eldora launched the new Alpenglow lift, a high speed six-pack lift which replaced two older fixed-grip lifts on the front side of the main mountain. Eldora also acquired a new Zaugg terrain-shaping machine, which will continue to benefit snowmaking operations. Protection of Eldora’s Existing Water Rights. To protect its existing water rights, Eldora actively participated in water rights cases filed by other parties during the subject diligence period. In participating in these cases, Eldora incurred significant legal and engineering expenses. Name and Address of Landowner Upon which any New or Modified Diversion or Storage Structure is Located, Including Any Modification to the Storage Pool. No new or modified structures are required by this application. (6 pages plus exhibits)

20CW3122, Central Colorado Water Conservancy District (“Applicant”) 3209 West 28th Street, Greeley, CO, 80634 C/O Lawrence Jones Custer Grasmick, LLLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO, 80534 (970)622-8181. APPLICATION FOR FINDING OF REASONALBE DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE IN PART in WELD COUNTY. 2. Name of Structure: Rinn Valley Water Storage Reservoir (“2005 Rinn Valley Right”). 2.1. Summary: The 2005 Rinn Valley Right was decreed in Case No. 05CW315 on August 21, 2014 by Applicant’s predecessor in interest, L.G. Everist, Inc. (“LGE”). By agreement dated September 11, 2015, Applicant purchased the 2005 Rinn Valley Right and associated works, which were conveyed from LGE to Applicant by deeds dated December 29, 2017. Pursuant to U.L.R. 9, notice of such transfer was filed by Applicant on January 4, 2018. The 2005 Rinn Valley Right was the subject of a change of water right application by Applicant in Case No. 16CW3119, which was approved by a decree of the court on January 25, 2019. The 16CW3119 decree also approved a new water storage right, referred to in this Application as the “2016 Rinn Valley Right.” Both the 2005 Rinn Valley Right and the 2016 Rinn Valley Right are stored in three lined storage cells collectively referred to as the “Rinn Valley Reservoir.” 2.2. Prior Decrees: Case No. 05CW315, Water Division 1, entered August 21, 2014; Case No. 16CW3119, Water Division 1, entered January 25, 2019. 2.3. Legal Description: SW1/4 of Section 10, Township 2 North, Range 68 West, 6th P.M., Weld County, Colorado; and W1/2 of SE1/4 of Section 10, Township 2 North, Range 68 West, 6th P.M., Weld County, Colorado. 2.4. Appropriation Date: September 30, 1997. 2.5. Sources: Water tributary to the South Platte River from Boulder Creek and Idaho Creek. 2.6. Points of Diversion: The points of diversion for the 2005 Rinn Valley Right include the points decreed in Case No. 05CW315 as described in ¶¶ 2.6.1.1-2.6.1.3 below and the points decreed in Case No. 16CW3119 as described in ¶¶ 2.6.2.1-2.6.2.3 below. 2.6.1. Originally Decreed in Case No. 05CW315: 2.6.1.1. The Rinn Valley-Rural Ditch Diversion No. 1 diverts water from Boulder Creek in the NE1/4 of Section 20, Township 2 North, Range 68 West, 6th P.M., Weld County, Colorado. The point of diversion is the existing diversion structure which is owned by the Rural Ditch Company and which is located on the east bank of Boulder Creek at a point that is approximately 1,400 feet west of the east section line of said Section 20 and approximately 2,275 feet south of the north section line of said Section 20. 2.6.1.2. The Rinn Valley-Rural Ditch Diversion No. 2 diverts water from Idaho Creek in the SE1/4 of Section 16, Township 2 North, Range 68 West, 6th P.M., Weld County, Colorado. The point of diversion is the existing diversion structure which is owned by the Rural Ditch Company and which is located at a point that is approximately 420 feet west of the east section line of said Section 16 and approximately 1,300 feet north of the south section line of said Section16. 2.6.1.3. The Rinn Valley-Idaho Creek Diversion No. 3 will divert water from Boulder Creek in the SW1/4 of Section 29, Township 2 North, Range 68 West, 6th P.M., Weld County, Colorado. The point of diversion is the existing diversion structure which is owned by the Rural Ditch Company and which is located at a point that is approximately 420 feet west of the east section line of said Section 16 and approximately 1,300 feet north of the south section line of said Section 16. 2.6.2. Additional Points of Diversion Approved in Case No. 16CW3119: 2.6.2.1. Idaho Creek Diversion NW will be located on Idaho Creek in the NW1/4 SW1/4 Section 10, Township 2 North, Range 68 West, 6th P.M., Weld County, Colorado. 2.6.2.2. Idaho Creek Diversion North will be located on Idaho Creek in the N1/2 SW1/4 Section 10, Township 2 North, Range

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68 West, 6th P.M., Weld County, Colorado. 2.6.2.3. Godding Ditch Diversion will be located on Idaho Creek in the SW1/4 Section 21, Township 2 North, Range 68 West, 6th P.M., Weld County, Colorado. The point of diversion is the existing diversion structure which is owned by the Godding Ditch Company (referred to as the Highlands South Side Ditch). 2.7. Amounts: As decreed in Case No. 05CW315, the total volume to be stored under the 2005 Rinn Valley Right was a 2,500 acre-feet initial fill, of which 325 acre- feet was made absolute in 05CW315 and 2,125 was conditional, and one refill not to exceed 336 acre-feet. In Case No. 16CW3119, Applicant relinquished 300 acre-feet of the initial fill right associated with the 2005 Rinn Valley Right and the refill right for the 2005 Rinn Valley Right. Following entry of the decree in 16CW3119 on January 25, 2019, the total decreed volume storable under the 2005 Rinn Valley Right is 2,200 acre-feet, 325 acre-feet absolute and 1,875 acre-feet conditional. 2.7.1. The Rinn Valley-Rural Ditch Diversion No. 1: 40 cfs, absolute. 2.7.2. The Rinn Valley-Rural Ditch Diversion No. 2: 40 cfs, conditional. 2.7.3. The Rinn Valley-Idaho Creek Diversion No. 3: 40 cfs, conditional. 2.7.4. Idaho Creek Diversion NW: 10 cfs, conditional. 2.7.5. Idaho Creek Diversion North: 50 cfs, conditional. 2.7.6. Godding Ditch Diversion: 50 cfs, conditional. 2.8. Uses: 2.8.1. Uses Originally Decreed in Case No. 05CW315: Drought protection associated with the following specific uses: recreation and piscatorial uses within the reservoir cells; irrigation use on the Rinn Valley Project site; all commercial and industrial uses associated with sand and gravel mining at the Rinn Valley site; and augmentation and replacement associated with L.G. Everist mining operations along the South Platte River and its tributaries. In addition, water may be used for augmentation in accordance with an existing lease between L.G. Everist and Big Thompson Investment Holdings, LLC. The water may be fully consumed by storage and subsequent release and further exchange to the point of extinction. 2.8.2. Uses as Changed by Decree Entered in Case No. 16CW3119: Augmentation, recharge, replacement, industrial, and exchange, in addition to the uses decreed in 05CW315, with the right to totally consume the water, either by first use, successive use, or disposition. Any lease of the 2005 Rinn Valley Right to L.G. Everist, Inc. shall be limited to uses within the boundaries of Applicant and its Subdistricts as they exist now and in the future in a manner consistent with the decree entered in Case No. 16CW3119. The 2005 Rinn Valley Right will not be used for sand and gravel mining operations on the Rinn Valley Project site nor the augmentation use associated with the lease with Big Thompson Investment Holdings, LLC decreed in Case No. 05CW315. The 2005 Rinn Valley Right may be used as a source of augmentation and replacement supply in the plans for augmentation in Case No. 02CW335 and Case No. 03CW99, consistent with the terms and conditions of those decrees, and such other decreed augmentation plans as Central and its subdistricts shall obtain in the future and which identify the 2005 Rinn Valley Right as a source, for replacing well depletions and return flows. The 2005 Rinn Valley Right may be leased to others for use within the boundaries of Central and its subdistricts as they exist now or in the future and in a manner consistent with the decree entered in 16CW3119, and in accordance with the terms and conditions of such other decree(s) or approved substitute water supply plans as are applicable to lessees. Applicant may re-divert, or otherwise capture, control, or possess releases of the 2005 Rinn Valley Right subject to the terms of the 16CW3119 decree. 2.9. Operations of the 2005 Rinn Valley Right and the 2016 Rinn Valley Right: Water will be diverted from Boulder Creek and Idaho Creek at the points of diversion described in ¶2.6 and at the flow rates described in ¶2.7. A portion of the first annual fill, up to 2,200 acre-feet, will be diverted pursuant to the 2005 Rinn Valley Right. The remainder of the first annual fill, up to 800 acre-feet, will be diverted pursuant to the 2016 Rinn Valley Right initial fill right. Refill of the Rinn Valley Reservoir, up to 3,000 acre-feet, will be diverted pursuant to the 2016 Rinn Valley Right. 3. Detailed Outline of Steps Done Toward Completion of the of Appropriation During the Diligence Period: 3.1. Applicant purchased the 2005 Rinn Valley Right and property in 2015. 3.2. The 2005 Rinn Valley Right was changed in Case No. 16CW3119. The decree in 16CW3119 was entered on January 25, 2019. 3.2.1. Applicant expended approximately $510,000 in legal and engineering expenses related to the 16CW3119 application. 3.3. June 26, 2017: Compacted clay liner approval from the Division of Water Resources (“DWR”) for Rinn Valley Reservoir Phase 1C. 3.4. September 12, 2017: Compacted clay liner approval from DWR for Rinn Valley Reservoir Phase 2. 3.5. September 2017: Surveys completed for Rinn Valley Reservoir Phases 1c and 2. 3.6. Applicant constructed and installed the following infrastructure and completed the following improvements at the Rinn Valley Reservoir: 3.6.1. Designed and installed new

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inlet and outlet works into Cell 2, including installation of two new flumes; 3.6.2. Designed and installed piping to connect Cells 2 and 1; including a pump and pump house to transport water between the Cells and to Rural Ditch; 3.6.3. Repaired measurement and recording devices associated with floating pump in Cell 3; 3.6.4. Installed rip-rap erosion reinforcement around Cell 2; 3.6.5. Installed staff gauges, including electronic stage monitoring equipment, in all Cells. 3.6.6. The total approximate amount expended by Applicant on these physical improvements and designs was $2,061,221.52 over the diligence period. 3.7. Applicant stored and beneficially used the following volumes of water: 3.7.1. Water Year Nov. 2017- Oct. 31, 2018: 2,200 acre-feet, diverted at a maximum rate of 30.09 c.f.s. at the Rinn Valley-Rural Ditch Diversion No. 1 described in paragraph 2.6.1.1 of this Application. The Rinn Valley-Rural Ditch Diversion No. 1 point of diversion was previously made absolute in the amount of 40 c.f.s. in the 05CW315 Decree. The 2,200 acre-feet stored under the 2005 Rinn Valley Right was beneficially used. 4. Claim to Make Water Right Absolute in Part and for Finding of Reasonable Diligence: Pursuant to § 37-92-30(1)(4), Applicants hereby request that the appropriation for the 2005 Rinn Valley Right be made absolute in the amount of 2,200 acre-feet. Applicant further requests a finding that it has been reasonably diligent in the development of the remaining conditional points of diversion for the 2005 Rinn Valley Right described in paragraphs 2.6.1.2-2.6.1.3, 2.6.2.1-2.6.2.3 of this Application and at the rates described in paragraphs 2.7.2- 2.7.6 Application, and Applicant further request a decree maintaining such conditional points of diversion and diversion rates as conditional. 5. Names(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. The Rural Ditch is owned by the Rural Ditch Company, P.O. Box 1826 Longmont, CO 80502-1826. The Godding Ditch is owned by the Godding Ditch Company, P.O. Box 1826, Longmont, CO 80502-1826. Wherefore, Applicant requests the Court to enter a decree (1) finding that Applicant has been diligent in the development of the 2005 Rinn Valley Right; (2) finding that 2,200 acre-feet has been stored in the Rinn Valley Reservoir, the water so stored has been beneficially used, and the volume of 2,200 acre-feet has been made absolute pursuant to C.R.S. § 37-92-301(4)(d)-(e); (3) continuing the remaining conditional points of diversion and flow rates as conditional; and (4) granting such other and further relief as the Court finds just.

20CW3123; Well Augmentation Subdistrict Of The Central Colorado Water Conservancy District; Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd, Suite 1, Johnstown, CO 80531, Telephone: (970) 622-8181, Email: [email protected]; APPLICATION TO ADD WELLS TO PLAN FOR AUGMENTATION in WELD, ADAMS AND MORGAN COUNTIES. 1. Name, Address and Telephone Number of Applicant. The Well Augmentation Subdistrict of the Central Colorado Water Conservancy District (“WAS” or “Applicant”), 3209 West 28th Street, Greeley, Colorado 80634. (970) 330-4540. 2. Plan for Augmentation. Applicant operates a plan for augmentation decreed in Case No. 03CW99 (“WAS Plan”). ¶11.1.2 of the decree in Case No. 03CW99 (Decree) allows the addition of wells to the plan subject to notice and terms and conditions. 3. Structures to be Added and Augmented. Pumping for irrigation uses from the Subject Wells is currently included in the WAS Plan. Owner of the Subject Wells has sought a decree approving new conditional water rights for industrial uses from the wells described in this Application in Case No. 20CW3070 filed on May 28, 2020 in Division 1 Water Court (attached as Exhibit 1). 3.1 Name of Structure to be Added and Augmented: Coming Well 2-1502 Industrial Right, (“Coming Well 2”, WDID 0205758). 3.1.1. Name and Address of Owner of Well: Hunt Water, LLC, 14460 WCR 40, Platteville, CO 80651; 970-737-2437. 3.1.2. Location of Well: SW 1/4 of the SE 1/4 at a point 692 feet north and 2575 feet west of the SE Corner of Section 6, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado. 3.1.3. Permit No.: Applicant will acquire a new permit prior to use of the well for the industrial uses claimed herein. 3.1.4. WAS Contract No.: 3.1.4.1. Contract No. 1251: industrial use approved May 19, 2020. See Attachment 3 to Exhibit 2. 3.1.5. Prior Decrees for Same Structure: Previous decree was entered in W-2526, Division One Water Court, on August 12, 1975, with a date of appropriation of March 3, 1944, for 1.33 cubic feet per second, for irrigation of 160 acres located in Section 6, Township 3, North, Range 66 West of the 6th P.M.

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3.1.6. Remarks: The amount claimed in the filing under Case No. 20CW3070 for industrial uses was 600 g.p.m. (1.33 c.f.s.), 500 acre feet per year in combination with Coming Well 3 and Coming Well 4, conditional. 3.2. Name of Structure to be Added and Augmented: Coming Well 3-1503 Industrial Right, (“Coming Well 3”, WDID 0205759). 3.2.1. Name and Address of Owner of Well: Hunt Water, LLC, 14460 WCR 40, Platteville, CO 80651; 970-737-2437. 3.2.2. Location of Well: SW 1/4 of the SE 1/4 at a point 964 feet north and 2575 feet west of the SE Corner of Section 6, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado. 3.2.3. Permit No.: Applicant will acquire a new permit prior to use of the well for the industrial uses claimed herein. 3.2.4. WAS Contract No.: 3.2.4.1. Contract No. 1251: industrial use approved May 19, 2020. See Attachment 3 to Exhibit 2. 3.2.5. Prior Decree for Same Structure: Previous decree was entered in W-2526, Division One Water Court, on August 12, 1975, with a date of appropriation of June 26, 1954, for 1.33 cubic feet per second, for irrigation of 160 acres located in Section 6, Township 3, North, Range 66 West of the 6th P.M. 3.2.6. Remarks: The amount claimed in the filing under Case No. 20CW3070 was 600 g.p.m. (1.33 c.f.s.), 500 acre feet per year in combination with Coming Well 2 and Coming Well 4, conditional. 3.3. Name of Structure to be Added and Augmented: Coming Well 4-1504 Industrial Right, (“Coming Well 4”, WDID 0205760). 3.3.1. Name and Address of Owner of Well: Hunt Water, LLC, 14460 WCR 40, Platteville, CO 80651; 970-737- 2437. 3.3.2. Location of Well: SW 1/4 of the SE 1/4 at a point 1310 feet north and 2575 feet west of the SE Corner of Section 6, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado. 3.3.3. Permit No.: Applicant will acquire a new permit prior to use of the well for the industrial uses claimed herein. 3.3.4. WAS Contract No.: 3.3.4.1. Contract No. 1251: industrial use approved May 19, 2020. See Attachment 3 to Exhibit 2. 3.3.5. Prior Decree for Same Structure: Previous decree was entered in W-2526, Division One Water Court, on August 12, 1975, with a date of appropriation of December 4, 1954, for 1.78 cubic feet per second, for irrigation of 160 acres located in Section 6, Township 3, North, Range 66 West of the 6th P.M. 3.3.6. Remarks: The amount claimed in the filing was 800 g.p.m. (1.78 c.f.s.), 500-acre feet per year in combination with Coming Well 2 and Coming Well 3, conditional. 4. Proposed Terms and Conditions. 4.1. Consumptive Use Factors. The terms and conditions for the industrial uses at the Subject Wells will be the same as for the other Member Wells in the Decree. The consumptive use factor will be 100% for industrial uses. The industrial uses will be separately metered. The method for determining future well depletions from industrial uses will be those set out in the Decree at ¶16-19. The Subject Wells will be subject to all the terms and conditions for operation as for other Member Wells in the Decree. 4.2. Net Stream Depletions. Depletions resulting from the use of groundwater and accretions resulting from deep percolation of groundwater applied for industrial uses will be lagged back to the South Platte River using the Glover bounded alluvial aquifer method and the following parameters. Distance to Harmonic Distance to Specifi WAS Stream from Mean Stream from c Administrativ WDID Aquifer Boundary Transmissivit Well (ft) Yield e Reach (ft) y (gpd/ft) (1) (2) (3) (4) (5) 0205758 15,590 11,600 0.2 110,300 F3 0205759 15,840 11,650 0.2 109,400 F3 0205760 16,100 11,670 0.2 103,900 C1 Notes: (1) Shortest measured distance between the well the South Platte River plus the shortest measured distance between the well and the aquifer boundary. (2) Shortest measured distance between the well and the South Platte River. (4) Calculated by dividing the distance from the stream to the well by the sum of the quotient of the length of the path across each crossed grid cell and that grid cell’s transmissivity value (SPDSS tgrid0309). (5) Administrative Reach where depletions modeled to accrue.

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5. The irrigation use of the Subject Wells is already included in WAS. In addition, by the decree entered in 08CW0071 the Subject Wells were included in and replacements have been made pursuant to the PVIC Augmentation Group, LLC Augmentation Plan (WDID 0205294). For these reasons and because the Subject Wells have not yet been used for the new conditional industrial uses, there are no depletions from prior pumping of the Subject Wells that need to be augmented and no additional depletions will be added to WAS upon entry of a decree in this case. 6. Distribution of Future Well Depletions. The Decree requires WAS to distribute well depletions between river reaches. ¶22.2 of the Decree states: "In the event of the addition or deletion of a well under this plan pursuant to ¶¶11.1.2 and 11.l.3, the Court shall approve and order such adjustments to the percentages set forth in ¶¶22.2.1, 22.2.2, and 22.2.4 as necessary to ensure that depletions continue to be replaced at locations necessary to prevent injury." The addition of the Subject Wells to the WAS Plan for Augmentation does not require adjustments to the percentages used to distribute stream depletions. The addition of the Subject Wells to the WAS Plan for Augmentation will not change the total volume of replacement allocations for WAS Member Wells. 7. A report from White Sands Water Engineers supporting this application is attached as Exhibit 2. This application consists of five (5) pages.

20CW3124, Evergreen Metropolitan District, 30920 Stagecoach Boulevard, Evergreen, CO 80439, (303) 674-4112, through counsel Evan D. Ela and Joseph W. Norris, Collins Cockrel & Cole, P.C., 390 Union Boulevard, Suite 400, Lakewood, CO 80215, (303) 986-1551, APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO CLAIM PERFECTION OF A PORTION OF DECREED CONDITIONAL WATER RIGHTS in JEFFERSON COUNTY. 2. Name of Structures. Hiwan Reservoir No. 8 First Enlargement, Hiwan Reservoir No. 9, Hiwan Reservoir No. 10, Soda Lakes Reservoirs, Pioneer Union Ditch, Evergreen Reservoir, EMD’s Raw Water Intake Diversion, West Jefferson County Metropolitan District Wastewater Treatment Plant Afterbay, Hiwan Reservoirs No. 1 and 4-7, Bear Creek Reservoir, and Harriman Ditch. 3. Description of the Subject Water Rights from Prior Decrees. (a) Original Decree. The conditional water storage and conditional water exchange rights for which findings of reasonable diligence and perfection are sought (the “Subject Water Rights”) were originally decreed by the Division 1 Water Court in Case No. 94CW150 on October 20, 1998 (“Original Decree”). (b) Prior Diligence and Perfection Decrees. (1) The Division 1 Water Court entered its decree in Case No. 04CW274 on November 22, 2006, confirming 1.0 cfs of the Soda Lakes – Bear Creek Exchange as absolute and entering findings of reasonable diligence as to the balance of conditional rights from the Original Decree. In the same case, EMD abandoned the Cooley Reservoir – Bear Creek Exchange and the use of the Cooley Reservoir Nos. 1 and 2 as “exchange to” locations for the Soda Lakes – Bear Creek Exchange and the Pioneer Union Ditch – Bear Creek Exchange. (2) The most recent finding of reasonable diligence for the Subject Water Rights was decreed by the Division 1 Water Court in Case No. 13CW24 on August 7, 2014. 4. Description of Conditional Storage Water Rights from Original Decree. (a) Hiwan Reservoir No. 8 First Enlargement. (1) Location: The reservoir outlet is located at a point whence the NW Corner of Section 28, Township 4 South, Range 71 West, 6th P.M., bears North 42º30’ West, 4480 feet. (2) Amount: 30 acre-feet, CONDITIONAL, at any in-priority fill rate available because this is an on-channel reservoir. (3) Source: Troublesome Creek. (4) Uses: All beneficial uses related to the District’s operations including, but not limited to, municipal, domestic, irrigation, commercial, industrial, mechanical, power generation, fire protection, recreation, fish and wildlife, replacement, exchange, augmentation, and substitution in aid of the foregoing uses. (5) Appropriation date: September 7, 1994. (b) Hiwan Reservoir No. 9. (1) Location: The reservoir outlet is located at a point whence the NW Corner of Section 28, Township 4 South, Range 71 West, 6th P.M., bears North 24º30’ West, 1250 feet. (2) Amount: 70 acre-feet, CONDITIONAL, at any in-priority fill rate available because this is an on-channel reservoir. (3) Source: Troublesome Creek. (4) Uses: Same as 4(a)(4) above. (5) Appropriation date: Same as 4(a)(5) above. (c) Hiwan Reservoir No. 10. (1) Location: The reservoir outlet is located at a point whence the NW Corner of Section 28, Township 4 South, Range 71 West, 6th P.M., bears North 32º45’ West, 1930 feet. (2) Amount: 46 acre-feet, CONDITIONAL, at any in-priority fill rate available because this is an on-channel reservoir. (3) Source: Troublesome Creek. (4) Uses: Same

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as 4(a)(4) above. (5) Appropriation date: Same as 4(a)(5) above. 5. Description of Conditional Water Exchange Rights. At any time when in priority and when a live stream exists between the upstream and downstream points of exchange described herein, and all intervening water rights senior to September 30, 1980 are satisfied, EMD shall be entitled to operate the following exchanges: (a) Soda Lakes – Bear Creek Exchange. (1) Points of Diversion by Exchange. (i) Evergreen Reservoir. (ii) EMD’s Raw Water intakes from Evergreen Reservoir. (iii) West Jefferson County Metropolitan District Wastewater Treatment Plant Afterbay on Troublesome Gulch. (iv) The Hiwan Reservoirs Nos. 1 and 4-10 on Troublesome Gulch. (2) Substitute Supplies and Methods of Release. (i) Water stored in Soda Lakes may be released directly into the Harriman Ditch as against water that would otherwise have been diverted into the Harriman Ditch in exchange for diversion of the same amount at the points of diversion named in paragraph 5(a)(1). (ii) Water stored in Soda Lakes may be released directly into Turkey Creek and conveyed to its confluence with Bear Creek for exchange up Bear Creek to the points of diversion named in paragraph 5(a)(1). (3) Amount: Up to 10.0 cfs at Evergreen Reservoir, EMD’s Raw Water Intakes, and/or Hiwan Reservoirs Nos. 1 and 4-10, CONDITIONAL; and of the 1.5 cfs originally decreed, up to 0.5 cfs remaining CONDITIONAL at the West Jefferson County Metropolitan District Wastewater Treatment Plant Afterbay. (b) Bear Creek Reservoir – Bear Creek Exchange. (1) Points of Diversion by Exchange. (i) The headgate of the Harriman Ditch. (ii) Evergreen Reservoir. (iii) EMD’s Raw Water intakes from Evergreen Reservoir. (iv) West Jefferson County Metropolitan District Wastewater Treatment Plant Afterbay on Troublesome Gulch. (v) The Hiwan Reservoirs Nos. 1 and 4-10 on Troublesome Gulch. (2) Substitute Supplies and Methods of Release. (i) Water stored by EMD in Bear Creek Reservoir may be released directly into Bear Creek for exchange up Bear Creek to the points of diversion named in paragraph 5(b)(1) above. (3) Amount: Up to 10.0 cfs at Evergreen Reservoir, EMD’s Raw Water Intakes, Harriman Ditch headgate, and/or Hiwan Reservoirs Nos. 1 and 4-10, CONDITIONAL; and up to 1.5 cfs at the West Jefferson County Metropolitan District Wastewater Treatment Plant Afterbay, CONDITIONAL. (c) Pioneer Union Ditch – Bear Creek Exchange. (1) Points of Diversion by Exchange. (i) Bear Creek Reservoir. (ii) Soda Lakes through the Harriman Ditch. (iii) Evergreen Reservoir. (iv) EMD’s Raw Water intakes from Evergreen Reservoir. (v) West Jefferson County Metropolitan District Wastewater Treatment Plant Afterbay on Troublesome Gulch. (vi) The Hiwan Reservoirs Nos. 1 and 4-10 on Troublesome Gulch. (2) Substitute Supplies and Methods of Release. (i) Water available to EMD by its ownership interest in the priorities in the Pioneer Union Ditch may be left in Bear Creek at the Pioneer Union headgate for exchange up Bear Creek to the points of diversion named in paragraph 5(c)(1) above. (3) Amount: Up to 1.235 cfs at all points of diversion described in paragraph 5(c)(1) above, CONDITIONAL. (d) Hiwan Reservoir Exchanges. (1) Points of Diversion by Exchange. (i) Hiwan Reservoir No. 1. (ii) Hiwan Reservoir No. 4. (iii) Hiwan Reservoir No. 5. (iv) Hiwan Reservoir No. 6. (v) Hiwan Reservoir No. 7. (vi) Hiwan Reservoir No. 8. (vii) Hiwan Reservoir No. 9. (viii) Hiwan Reservoir No. 10. (2) Substitute Supplies and Methods of Release. (i) Water stored by EMD in Hiwan Reservoirs Nos. 1 and 4-10 may be released directly into Troublesome Gulch or its tributaries and an available like amount will be stored in one or more of the other Hiwan Reservoirs Nos. 1 and 4-10. (3) Amount: The lesser of the amount of the release or the amount of inflow available at any or all of the reservoirs to which the exchange is being operated, CONDITIONAL. 6. Outline of work done and funds expended during the diligence period (March 1, 2013 through August 31, 2020) toward completion of the appropriation. During the relevant diligence period, expenditures on the following projects and activities were made that benefited the water rights decreed in Case No. 94CW150, further developed the EMD’s integrated water supply system and provided protection of EMD’s Bear Creek and Troublesome Creek water rights. EMD is also the owner of other water rights, which together with the Subject Water Rights form EMD’s integrated municipal water supply system. Pursuant to § 37-92-301(4)(b), C.R.S., work on one feature of an integrated system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the integrated system. Thus, work on any part of EMD’s integrated system must be considered in finding that reasonable diligence has been shown for the conditional Subject Water Rights. (a) EMD made improvements to its Water Treatment Plant during the relevant diligence period at an approximate cost of

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$2,845,700. (b) During the relevant diligence period, EMD made improvements to its water collection, transmission and distribution systems, including installation of new tanks, pumps and piping, replacement of aging water lines, installation of measuring structures and technology, installation of hydrants and additional water meters, and various other system improvements at an approximate cost of $1,544,800. (c) EMD expended approximately $679,425 during the relevant diligence period for acquisition of additional water rights for the purpose of improving drought resiliency and reliability of its raw water supply. (d) During the relevant diligence period, EMD expended approximately $415,300 for engineering consultants and legal counsel related to planning, analysis, water accounting, water rights acquisition, and participation in water court matters as necessary for adjudication and protection of EMD’s water rights. (e) EMD expended approximately $2,012,800 during the relevant diligence period for a multi-phase process to assess, evaluate, design, and complete remediation of the outlet works at Evergreen Reservoir and for improvement of the operations of Evergreen Reservoir. (f) EMD submitted a letter of intent to the Colorado Water Conservation Board for acquiring a right to use of storage capacity in the Bear Creek Reservoir reallocation project and has maintained its efforts to participate in the reallocation project being studied by the U.S. Army Corps of Engineers and the Colorado Water Conservation Board. (g) EMD has negotiated multiple water supply contracts providing both raw water and treated water service to extraterritorial customers. 7. Claims to make portions of the subject water rights absolute. (a) Dates and Amounts. EMD diverted and placed to beneficial use a portion of the Subject Water Rights at varying flow rates and amounts during the diligence period. On November 12-16, 2019, EMD operated the Soda Lakes – Bear Creek Exchange by diverting 2.5 cfs into storage at Evergreen Reservoir in exchange for an equal amount of water released from EMD’s Soda Lakes account. The water stored by exchange is or was available for beneficial use through EMD’s municipal water supply system. 8. Name(s) and Address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. To the best of EMD’s knowledge, information and belief, the owners of land upon which new storage structures could be constructed or modifications to existing storage structures could occur as a result of the water rights that are the subject of this application, or upon which the named points of substitution and exchange are located, are as follows: (a) Land affected by the proposed enlargement of Hiwan Reservoir No. 8, and of Hiwan Reservoir Nos. 9 and 10, as well as land upon which Hiwan Reservoir Nos. 1 and 4-8 are located, is owned by the Hiwan Golf Club, 30671 Clubhouse Lane, Evergreen, Colorado 80439. (b) Land upon which Evergreen Reservoir and EMD’s Raw Water Intake are located is owned by the City and County of Denver, 1445 Cleveland Pl., Denver Annex 1, Colorado 80202. (c) Land upon which Bear Creek Reservoir is located is owned by the United States of America, U.S. Army Corps of Engineers, 6014 USPO Courthouse, Omaha, Nebraska 68102. (9 pages)

20CW3125. Co-Applicants: Groundwater Management Subdistrict Of The Central Colorado Water Conservancy District (“GMS”) And The Well Augmentation Subdistrict Of The Central Colorado Water Conservancy District (“WAS”), 3209 West 28th Street, Greeley, Colorado 80634. Please send correspondence and pleadings to David P. Jones and Ryan M. Donovan, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534; Phone: (970) 622-8181; [email protected]; [email protected]. Concerning the APPLICATION FOR CHANGE OF WATER RIGHTS, CONDITIONAL WATER RIGHT, APPROPRIATIVE RIGHT OF EXCHANGE, APPROPRIATION OF RETURN FLOWS AND CLAIM TO ADD SOURCES FOR DELIVERY TO DITTMER RECHARGE POND, in WELD AND ADAMS COUNTIES. 2. Application Overview. Co-Applicant’s GMS and WAS are water conservancy districts under Colorado law that operate plans for augmentation decreed is Case Nos. 02CW335 (“GMS Plan”), 03CW99 (“WAS Plan”), and 16CW3202 (the “Walker Plan”). The GMS and WAS Plans primarily provide replacement and augmentation water to support agricultural well pumping for irrigated agriculture, but also for certain commercial, industrial, and municipal uses. Water is provided pursuant to contracts entered into with individual landowners or water

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users and is measured and accounted for pursuant to the underlying plan decrees. The Walker Plan provides additional replacement and augmentation water to support the WAS and GMS Plans. Applicants have obtained decrees quantifying the historical consumptive use and confirming changes of Fulton Irrigating Ditch Company (“FIDC”) shares in Case Nos. 01CW264, 13CW3025, and 14CW3006 (hereinafter “Previously Changed Shares”). The purpose of this Application is to quantify the historical consumptive use of 28 additional shares of stock in FIDC historically used for irrigation and to use the fully consumable portion, after all out of priority return flows have been replaced for the “28 Shares”, for augmentation and replacement uses in the WAS, GMS, and Walker Plans and other plans that the Applicants shall operate. The return flows associated with the 28 Shares are also being appropriated and when such appropriation is in priority in the future, Applicants will also use the return flows diverted and delivered with the 28 Shares for the same uses as the consumptive use portion of the 28 Shares. Applicants further seek the ability to use all water associated with the change of water rights and return flow appropriation to extinction, either through direct delivery, following recharge in the Dittmer Recharge Pond decreed in Case No. 14CW3123, or following exchange and re-diversion to storage and subsequent release therefrom. Applicants claim an appropriative right of exchange with this Application so that Applicants’ Previously Changed Shares and the 28 Shares may be exchanged and stored in structures under the Lupton Bottom Ditch. Applicants also seek to obtain water court approval for delivery of Applicants’ Previously Changed Shares to the Dittmer Recharge Pond. 3 Finally, Applicants claim a junior recharge right for delivery to the Dittmer Recharge Pond to facilitate its recharge when FIDC share deliveries are not being made and/or during periods when the water right is in-priority or a free river condition exists. Once a final decree approving the change of the 28 Shares to augmentation and replacement is entered in this matter, the changed water rights, return flow appropriation, junior recharge right and the appropriative right of exchange will be added to the GMS, WAS and Walker Plans pursuant to procedures for adding water rights contained in the underlying decrees. 3. Decreed Water Right for which Change is Sought. Water rights associated with 28 Shares (the “28 Shares”) out of a total of 7,185 outstanding shares in the FIDC, represented by Stock Certificate No. 4165 issued to GMS June 11, 2020. 3.1. Name of Structure. Fulton Ditch 3.2. Previous Decree. The Fulton Ditch was decreed in Case No. 6009 in the Arapahoe County District Court, Arapahoe County, State of Colorado, on April 28, 1883 with appropriation dates of May 1, 1865 for 79.7 c.f.s.; July 8, 1876 for 74.25 c.f.s; November 5, 1879 for 50.23 c.f.s.; November 1, 1882 for 244.62 c.f.s. (abandoned in Case № A- 16069, Denver District Court, 1938); from the South Platte River. The decreed use is for irrigation. 3.3. Decreed Source. South Platte River 3.4. Point of Diversion. The decreed headgate location is near Section 9, between Sections 16 and 17 in Township 2 South, Range 67 West of the 6th P.M., Adams County, Colorado. The actual headgate location is in the NE1/4 NE1/4 SE1/4 of Section 17, Township 2 South, Range 67 West of the 6th P.M., Adams County, Colorado. 3.5. Historical Use. The 28 Shares were historically used, along with 2 additional FIDC Shares, to irrigate lands in the NE1/4 of the SW 1/4 and the NW 1/4 of the SE 1/4 of Section 29, Township 1 North, Range 66 West of the 6th P.M, Weld County, Colorado. A location map is attached as Exhibit 1 to the Application and on file with the court. 3.6. Historical Deliveries. Based on historical diversion records over a study period from 1933 to 1990 and an estimated average ditch loss of 20% for the Fulton Ditch, historical farm headgate deliveries between April and October attributable to the 28 Shares averaged approximately 82 af per year. 3.7. Quantification of Consumptive Use. Applicants will quantify the historical consumptive use of the 28 Shares and determine the time, location, and amount of historical return flows. 3.8. Proposed Change. Applicants seek to change the use of the 28 Shares from irrigation to include irrigation, augmentation, recharge, replacement, and exchange with the right to totally consume the consumable portion of the water, including any associated return flows, to the extent the associated return flows are fully replaced with other sources. Once changed, Applicant intends to use the 28 Shares as a source of substitution and replacement supplies in the plans for augmentation in Case Nos. 02CW335, 03CW099, and 16CW3202 for replacing well depletions and return flow obligations. No change in point of diversion is being applied for, and the 28 Shares will continue to

3 Applicant owns additional FIDC shares previously changed in Case No. 14CW3123, however, these shares are already approved for delivery to the Dittmer Recharge Pond. 24

be diverted at the Fulton Ditch headgate described above. 3.9. Deliveries. The 28 Shares will be delivered to the South Platte River using Central’s “Augmentation Station” on the Fulton Ditch located at the north edge of the SW 1/4 of Section 8, Township 1 North, Range 66 West. Water delivered to Central’s Augmentation Station is measured and delivered to the South Platte River at a point in the SE1/4 NW1/4 Section 7, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 3.10. Delivery to Recharge. Water from the 28 Shares may be delivered to the Dittmer Pond to generate recharge accretions prior to use for the changed uses as described in Paragraph 4 below. 3.11. Rediversion. Fully consumable water associated with the water delivered under the 28 Shares and released for augmentation use may also be rediverted and delivered to recharge or storage, either directly or by exchange consistent with the terms and conditions of Applicants‘ storage and recharge decrees including but not limited to Case Nos. 05CW331 and 16CW3202, or as may be allowed under any decree entered herein. 3.12. Dry up. Terms and conditions will be imposed as necessary to ensure a pro rata amount of historically irrigated land is properly dried up. 3.13. Replacement of Return flows. Annual return flows associated with the 28 Shares historically averaged approximately 33 af. Applicants will replace return flows in time, location and amount as necessary to prevent injury to other water rights. Return flows will be replaced above the calling water right entitled to said return flows by using a portion of the water delivered with the 28 Shares or with other water rights owned, leased or otherwise controlled by Applicants and authorized for such use. Applicants re-appropriate all return flows under the appropriation date claimed herein and will use those return flows, directly, or through substitution, for the same uses claimed for the 28 Shares as set forth below. 3.14. Name and Address of Owners of Structures. The Fulton Irrigation Ditch is owned by the Fulton Irrigating Ditch Company, 25 South 4th Avenue, Brighton, Colorado 80601. 4. Claim To Add FIDC Shares to Dittmer Recharge Pond. 4.1. Applicants have constructed a recharge pond (the “Dittmer Recharge Pond”) in the N1/2 NW 1/4 of Section 32, Township 1 North, Range 66 West. The Dittmer Recharge Pond was approved for delivery of 50 Fulton Ditch Shares changed in Case No. 14CW3123 in the Weld County District Court, Weld County, State of Colorado, on March 22, 2018. Water recharged in the Dittmer Recharge Pond returns to the South Platte River at a point above the Lupton Bottom Ditch headgate which is administered at the point where the South Platte River crosses the North line of the S 1/2 of the N 1/2 of Section 31, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 4.2. Pursuant to paragraph 24.5 of the 14CW3123 decree, Applicants may seek to add additional FIDC shares for delivery to the Dittmer Recharge Pond by filing an application with the Water Court to include those sources as a source to be recharged at the Dittmer Recharge Pond. With this Application, Applicants seek to add the 28 Shares being changed herein, together with Applicants previously changed FIDC shares in Case Nos. 01CW264, 13CW3025, and 14CW3006 (“Previously Changed Shares”), for delivery to the Dittmer Recharge Pond, in addition to augmentation deliveries approved under such decrees. Recharge credit for any Shares so delivered will be determined in accordance with the terms and conditions governing the Dittmer Recharge Pond decreed in Case No. 14CW3123. 4.3. Operation. No change of the water right is being applied for and Applicants Previously Changed Shares will continue to be diverted at the Fulton Ditch headgate described above. Diversions attributable to Applicants Previously Changed Shares less actual ditch loss will be measured when delivered to the Dittmer Recharge Pond. Use of water which is recharged and accrues to the South Platte River will continue to be used as sources of augmentation and replacement water in the GMS, WAS and Walker Plans subject to the decrees entered in Case Nos. 01CW264, 13CW3025, and 14CW3006. 4.4. The Dittmer Recharge Pond is on land owned by Blue Pill, LLC and Dittmer Farms, LLC. Applicants’ use of the Dittmer Recharge Pond is pursuant to a recorded easement agreement. 5. Claim to Appropriate Return Flows. 5.1. Claim for Return Flows: Applicants claim the right after diversion of the 28 Shares to retain and use the quantified return flow component under the appropriation date claimed herein. 5.2. Name of Structure: Fulton Ditch 5.3. Point of Diversion: Same as described in paragraph 3.4. 5.4. Source: South Platte River 5.5. Date of Appropriation: August, __ 2020 (Date of filing of this application). 5.6. How appropriation was initiated: By formation of intent to appropriate water for beneficial use and the filing of this Application. 5.7. Amount Claimed: Applicants claim the right to take delivery and use all water delivered with the 28 Shares that is classified as return flows under this decree, up to a maximum annual volume of 55 acre feet, CONDITIONAL. 5.8. Uses:

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Augmentation and replacement of depletions and return flows. 5.9. Remarks. If on any day the call on the river is senior to the priority date awarded with the approval of this Application and the return flow appropriation is not in priority and is being curtailed, Applicants’ return flow obligation from diversion of the 28 Shares that are owed to the stream on that day shall be replaced pursuant to the final terms and conditions governing the change of water rights for the 28 Shares decreed herein. 6. Claim for Dittmer Pond Recharge Right. 6.1. Name of Structure: Fulton Ditch 6.2. Point of Diversion: Same as Paragraph 3.4 above. 6.3. Date of Appropriation: Date of filing of this application. 6.4. How Appropriation Was Initiated. By formation of intent to appropriate water for beneficial use and the filing of this Application. 6.5. Source: South Platte River 6.6. Amount: 10 c.f.s., conditional; Annual Maximum Volume: TBD. 6.7. Use: Augmentation and replacement of out of priority depletions and return flows. 6.8. Remarks: The water will be diverted at the Fulton Ditch headgate and delivered to the Dittmer Recharge Pond described in Paragraph 4.1 and will be measured and accounted for according to the terms of the 14CW3123 decree. No in-ditch recharge is claimed with this Application. 7. Claim for Conditional Right of Exchange. 7.1. Operation. Central claims an appropriative right of exchange to re-divert the Previously Changed Shares and the 28 Shares delivered to the South Platte River at the augmentation station described herein upstream at the Lupton Bottom Ditch headgate for storage in structures served by the Lupton Bottom Ditch including, but not limited to, Koenig Reservoir decreed in 92CW021. 7.2. Exchange to and from Locations. The exchange will operate from the point at which water is delivered to the South Platte River from Central’s Augmentation Station to the headgate of the Lupton Bottom Ditch which is located in NW 1/4 NW 1/4 SW 1/4 of Section 19, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, on the west bank of the South Platte River. 7.3. Rate of Exchange. 2.16 c.f.s., conditional. 7.4. Volume Limit. 112 acre feet. 7.5. Date of Appropriation. Date of filing this Application. 7.6. How Appropriation was initiated: Formation of intent to divert water by exchange and the filing of this application. 7.7. Uses. Central may use water diverted by exchange for the uses described in paragraph 6.7 above. 7.8. Source of Substitute Supply: Water attributable to Applicants Previously Changed Shares and the 28 Shares changed herein, including water associated with the claim for return flows. The original format of this application is eight pages in length.

20CW3126 Town Of Firestone, P.O. Box 100, Firestone, CO 80520. Please send correspondence and pleadings to: Bradley C. Grasmick and Wesley S. Knoll, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534; Phone: (970) 622-8181; [email protected]; [email protected]. CONCERNING THE APPLICATION FOR FINDING OF REASONABLE DILIGENCE, in BOULDER AND WELD COUNTIES. 2. Name of Structure: Firestone Reservoir No. 1 (previously “Carbon Valley Water Storage Cell”). 3. Conditional Water Storage Right: 3.1. Previous Decree: Case No. 05CW335, decree dated August 17, 2014, Water Court, Water Division No. 1 3.2. Location of the Reservoir. NW1/4 of Section 6, Township 2 North, Range 67 West, 6th P.M., Weld County, Colorado. 3.3. Appropriation Date. March 5, 2001. 3.4. Amount Claimed. 1,600 acre-feet conditional annual right to fill and one refill not to exceed a total of 123 acre-feet for the replacement of evaporation losses incurred after the first fill. 3.5. Source. Boulder Creek, Idaho Creek, St. Vrain Creek. 3.6. Previously Decreed Uses. Drought protection associated with the following specific uses: recreation and piscatorial uses within the reservoir and following release; irrigation use on the Carbon Valley Project site and all commercial and industrial uses associated with sand and gravel mining at the Carbon Valley site; and augmentation and replacement associated with L.G. Everist mining operations along the South Platte River and its tributaries, including the augmentation decree in Case No. 94CW213. The water may be fully consumed by storage and subsequent release and further exchange to the point of extinction. 3.7. Remarks: The water rights decreed to Firestone Reservoir No. 1 in 05CW335 are the subject of an ongoing water court application in Case No. 19CW3236 to change the uses for the conditional water storage right to the following uses: “recreation and piscatorial uses within the storage cells; all beneficial uses of the municipal water system of Firestone as it currently exists or exists in the future, including, but not limited to, municipal, domestic, irrigation, commercial, industrial, recreation and wildlife, augmentation, recharge,

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replacement, exchange and storage for these purpose. Applicant claims the right to totally consume the consumable portion of the water, either by first use, successive use, or disposition.” 4. Detailed outline of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures to justify finding of reasonable diligence: As stated above, Firestone has filed for an application to change the use of the water right in Case No. 19CW3236 and has incurred legal and engineering expenses related to that case. Additionally, since the decree was entered in Case No. 05CW335, Firestone has expended approximately $4,600,000.00 conducting the following project related activities to make the storage water right absolute: preparing a non-potable Master Plan Study, which identified potential reservoirs for use in the non-potable system; preparing a reservoir feasibility study; acquisition of Firestone Reservoir No. 1; preparing design of pump stations, pipelines and irrigation ditch diversions for diversions and releases from Firestone Reservoir No. 1; finalizing design of pump stations, pipelines, pipelines and irrigation ditch diversions for diversions and releases from Firestone Reservoir No. 1 and preparing the same for a public bidding process. 5. Integrated System. Firestone is in the process of building out its integrated water system, which includes Firestone Reservoir No. 1. Consistent with C.R.S. 37-92-301(4)(b), Firestone has also conducted the following work on its integrated system, which may be considered for the finding of reasonable diligence on Firestone Reservoir No. 1: Firestone acquired water rights associated with: 3.97 Preferred Shares and 6.6667 Common Shares of the New Consolidated Lower Boulder Reservoir and Ditch Company, 2.41 shares of Rural Ditch Company with an option to acquire an additional 1.9 shares of Rural Ditch Company, which are the subject of a change of use application in Case No. 19CW3236; Firestone also acquired water rights associated with 3 shares of Godding Ditch Company; Firestone acquired property to be used for water treatment plant site and alluvial well field; Firestone completed a feasibility study for the development of a water treatment plant; Firestone completed an alluvial well field analysis; Firestone contracted pre-construction services for St. Vrain Water Treatment Plant; Firestone constructed three alluvial wells and related pump systems; and Firestone awarded the contract for the first phase of construction of the St. Vrain Water Treatment Plant. Additionally, Firestone has expended over $2,400,000.00 on engineering and legal fees related to its integrated water supply planning and implementation. 6. Names and addresses of owners, if other than Applicant, of land on which structures are located: 6.1. Rural Ditch Company, P.O. Box 119 Longmont, CO 80502-0119. 6.2. Last Chance Ditch Company, P.O. Box 119 Longmont, CO 80502-0119 7. Wherefore, Applicant requests the Court to enter a decree (a) finding that Applicant has been diligent in the development of the conditional water storage right for Firestone Reservoir No. 1, and (2) continuing the conditional water storage right for Firestone Reservoir No. 1, and such other and further relief as the Court finds just. The original format of this application is four pages in length.

20CW3127 Pamela And Leon Mazanec, 10741 S. Perry Park Road, Larkspur, CO 80118. Matthew S. Poznanovic, Eric K Trout, Petrock Fendel Poznanovic, P.C., 700 17th Street, Suite 1800, Denver, CO, 80202. APPLICATION FOR UNDERGROUND WATER RIGHTS AND PLAN FOR AUGMENTATION in DOUGLAS COUNTY. Subject Property: 5 acres generally located in the SE1/4, Section 6, Township 10 South, Range 67 West of the 6th P.M., also known as 10741 S. Perry Park Road, Larkspur, CO, 80118, Douglas County, State of Colorado, as shown on Exhibit A (“Subject Property”). Applicants are the sole owners of the Subject Property. Well Permits: There is one existing Upper Dawson household-use only well on the Subject Property registered under well permit number 138627. This well will be re-permitted under this plan for augmentation. Additional well permits will be applied for prior to construction of additional wells. Source of Water Rights: The Upper Dawson aquifer is not nontributary as defined in C.R.S. § 37-90-103(10.7), and the Denver, Arapahoe, and Laramie-Fox Hills aquifers are nontributary as defined in C.R.S. § 37-90-103(10.5). Estimated Amounts: Applicant estimates the following annual amounts may be available for withdrawal: Upper Dawson, 1.68 (NNT); Denver 2.55 (NT); 2.02 (NT); 1.37 (NT). Proposed Uses: Domestic, commercial, irrigation, stockwatering, fire protection, and augmentation purposes, including storage, both on and off the Subject

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Property. Jurisdiction: The Court has jurisdiction over the subject matter of this application pursuant to C.R.S. §§ 37-90-137(6), 37-92-203(1), 37-92-302(2). Remarks: Applicant claims the right to withdraw more than the average annual amounts estimated in Paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. Applicant requests the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. Summary of Plan for Augmentation: Groundwater to be Augmented: Approximately 1.37 acre-feet per year of Upper Dawson aquifer groundwater. Water Rights to be Used for Augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary groundwater. Statement of Plan for Augmentation: The Upper Dawson aquifer groundwater will be used for domestic purposes, including in-house use, irrigation, commercial, stockwatering, and fire protection, through one or more wells, both on and off the Subject Property. Applicant reserves the right to amend the amount and uses without amending the application or republishing the same. Sewage treatment for in-house use will be provided by non-evaporative septic systems. Return flow from in-house use will be approximately 90% of that use, and return flow from outside irrigation use will be approximately 15% of that use. During pumping Applicant will replace actual depletions pursuant to C.R.S. § 37-90-137(9)(c.5). Depletions occur to the West Plum Creek stream system and return flows accrue to that creek system and are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicant will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post pumping augmentation requirements. Applicants request the court approve the above underground water rights, find that Applicants have complied with C.R.S. § 37-90-137(4) and water is legally available for withdrawal, find there will be no material injury to the owners of or persons entitled to use water under any vested water right or decreed conditional water right, and grant such other and further relief as is appropriate. 4 Pages.

20CW2128 Susan Knapp and G&E Investors, LLC., 18658 E. Long Ave., Centennial, CO 80016- 1876. Matthew S. Poznanovic, Eric K. Trout, Petrock Fendel Poznanovic, P.C., 700 17th Street, Suite 1800, Denver, CO, 80202. APPLICATION FOR UNDERGROUND WATER RIGHTS in DOUGLAS COUNTY. Subject Property: 119 acres over 3 parcels generally located in the SW1/4, Section 9, Township 9 South, Range 65 West of the 6th P.M., also known as 11572 Heidemann Ave, Franktown, 80116, Douglas County, State of Colorado, as shown on Exhibit A (“Subject Property”). Applicants are the sole owners of the Subject Property. Well Permits: There is one existing domestic well on the Subject Property registered under well permit number 40208. Additional well permits will be applied for prior to construction of additional wells. Source of Water Rights: The Upper Dawson aquifer is not nontributary as defined in C.R.S. § 37-90-103(10.7), and the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers are nontributary as defined in C.R.S. § 37-90-103(10.5). Estimated Amounts: Applicant estimates the following annual amounts may be available for withdrawal: Upper Dawson, 41.98 (NNT); Lower Dawson, 32.82 (NT); Denver, 44.71 (NT); Arapahoe, 51.26 (NT); Laramie-Fox Hills, 36.50 (NT). *The Upper Dawson estimate is reduced by 12 acre-feet annually for future exempt wells. Proposed Uses: Domestic, commercial, irrigation, stockwatering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Jurisdiction: The Court has jurisdiction over the subject matter of this application pursuant to C.R.S. §§ 37-90-137(6), 37- 92-203(1), 37-92-302(2). Remarks: Applicant claims the right to withdraw more than the average annual amounts estimated in Paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. Applicant requests the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. Applicants request the court approve the above underground water rights, find that Applicants have complied with C.R.S. § 37-90- 137(4) and water is legally available for withdrawal, find there will be no material injury to the owners of or persons entitled to use water under any vested water right or decreed conditional water right, and grant such other and further relief as is appropriate. 4 Pages.

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20CW3129, The Farmers Reservoir And Irrigation Company, 80 South 27th Ave. Brighton, CO 80601, (303) 659-7373, c/o Joseph Dischinger, Beth Ann J. Parsons, Dean C. Hirt, III, Fairfield and Woods, P.C., 1801 Street, Suite 2600, Denver, CO 80202, [email protected], [email protected], [email protected], (303) 830-2400; Town of Lochbuie, 703 Weld County Road 37, Lochbuie, Colorado 80603, (303) 655-9308, c/o Steven P. Jeffers, Matthew Machado, LYONS GADDIS, 950 Spruce Street, Suite 1B, Louisville, CO 80027, [email protected]; [email protected], (720) 726-3671. VERIFIED APPLICATION FOR SEXENNIAL FINDINGS OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE in ADAMS AND WELD COUNTIES. By application in this matter, The Farmers Reservoir and Irrigation Company (“FRICO”) and the Town of Lochbuie (“Lochbuie”) (collectively “Applicants”) seek a finding of reasonable diligence and to make absolute the water right originally decreed in Case No. 84CW090 and made partially absolute and continued in effect in Case Nos. 94CW272 and 05CW238. 2. Water right: The water right that is the subject of this application was originally decreed by this Court in Case No. 84CW090 (“Water Right”). FRICO owns the Water Right and leases a portion of the Water Right to Lochbuie. 2.1. Original Decree: Case No. 84CW090, decreed by the Water Court, Division 1, State of Colorado on April 11, 1991. 2.2. Points of Diversion. 2.2.1. Burlington-O’Brian Canal: The headgate is located at a point on the east bank of the South Platte River in the NE 1/4 of the SW 1/4 of Section 14, T. 3 S., R. 68 W. of the 6th P.M., City and County of Denver, Colorado. The headgate is located at approximately latitude 039° 47' 24.69" N, longitude 104° 58' 9.97" W. The UTM coordinates are approximately 502616.89 mE 4404471.42 mN (NAD 1983 UTM Zone 13S). 2.2.2. Platte Valley Canal/Evans No. 2 Ditch: The headgate is on the East bank of the South Platte River at a point from which the Northeast corner of Section 19, Township 2 North, Range 66 West, 6th P.M. bears N 48° 5' E 1,745 feet distant. Said headgate is coincident with the Evans Ditch No. 2 headgate. 2.3. Source: South Platte River. 2.4. Appropriation Date: February 1, 1984. 2.5. Amount and Rates of Diversion: The Water Right is limited to a total diversion of 10,000 acre-feet annually through both points of diversion at the following rates: 2.5.1. Burlington-O’Brian Canal: 900 c.f.s. 2.5.2. Platte Valley Canal/Evans No. 2 Ditch: 510 c.f.s. 2.5.3. The full 10,000 acre-foot volume was decreed absolute in Case No. 05CW238. 2.6. Original Decreed Use: municipal, irrigation, domestic, commercial, industrial, recreational, exchange, replacement and augmentation. 2.7. The Water Right is decreed for augmentation of out-of-priority depletions from wells decreed in Case No. 84CW090, as amended in Case No. 98CW457. Case No. 98CW457 amended the original decree to allow Lochbuie to use the Water Right to replace municipal well depletions from the Town’s wells. 2.8. Amount Absolute and Conditional: The Decree in Case No. 05CW238 held that FRICO diverted the full 10,000 a.f. of the Water Right in priority at the Burlington Ditch at a maximum rate of 554.4 c.f.s. and delivered it to the shareholders in the Barr Lake division lying beneath the Speer, West Burlington, Bowles Seep, Beebe, East Burlington, Neres and East Neres Canals. The Water Right remains conditional for diversion through the Burlington Ditch at an additional 345.6 c.f.s. up to a total rate of 900 c.f.s. and for diversion through the Evans No. 2 Ditch/Platte Valley Canal at a rate up to 510 c.f.s. 3. Outline of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed: FRICO operated Water right in accordance with the terms of the decree in Case No. 84CW090 as follows: 3.1. During the diligence period, FRICO diverted the Water Right at each decreed point of diversion: 3.1.1. FRICO diverted a maximum rate of 648.9 cfs at the Burlington/O’Brian Canal headgate on June 18, 2019, for irrigation use by its shareholders and for augmentation use by recharge through FRICO’s canals and other recharge structures. 3.1.2. FRICO diverted a maximum rate of 94.7 c.f.s. at the Platte Valley Canal/Evans No. 2 Ditch on June 12, 2019, for irrigation use by its shareholders and for augmentation use by recharge through FRICO’s canals and other recharge structures. 3.2. During the diligence period, FRICO maintained accounting records to track its in-priority diversions of the Water Right at the Burlington-O’Brian Canal and the Platte Valley Canal/Evans No. 2 Ditch, recharge of water in FRICO’s canals and other recharge structures, and delayed accretions to the Beebe Seep Canal from recharge of the Water Right. 3.3. During the diligence period, FRICO maintained accounting records

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to track delivery of the Water Right through Barr Lake from the Burlington-O’Brian Canal and into Milton Lake, either from the Platte Valley Canal/Evans No. 2, or from the Beebe Canal as excess recharge accretions. 3.4. Pursuant to an agreement dated June 19, 1997, FRICO annually provides to Lochbuie a base amount of accretions from recharging water diverted pursuant to the Water Right for replacement of out-of-priority depletions from Lochbuie’s wells under the plan for augmentation decreed in Case No. 84CW090 as amended in 98CW457. During the diligence period, FRICO delivered an annual base amount of 75 acre-feet of recharge water to Lochbuie in each year. 3.5. During the diligence period, Lochbuie used recharge accretion credits generated from the Water Right to replace out-of-priority depletions from their wells pursuant the plan for augmentation decreed in Case Nos. 84CW090 and 98CW457. That use is also documented in Lochbuie’s accounting in Case No 10CW214. 3.6. During the diligence period, Lochbuie and FRICO have had ongoing discussions about Lochbuie’s desire to obtain additional recharge accretions derived from the Water Right. 3.7. During the diligence period, FRICO diverted and stored recharge accretions to the Beebe Canal derived from the Water Right in Milton Reservoir and delivered that water to its shareholders for irrigation use. 3.8. During the diligence period, Applicants participated in numerous water court proceedings in an effort to protect their water rights portfolios, including the Water Right. Significant costs related to these water court proceedings have been incurred during the diligence period. 3.9. During the diligence period, Applicants incurred significant engineering costs related to the diversion and delivery facilities associated with the Water Right, fulfillment of decree requirements for the Water Right, and protection of the Water Right. 3.10. During the diligence period, FRICO incurred significant costs in operating and maintaining its facilities related to the Water Right and in maintaining accounting records associated with the Water Right. FRICO’s operation and maintenance expenses incurred during the diligence period, including, but are not limited to, FRICO staff time and outside consultant and construction expenses. Those expenses and activities include: 3.10.1. FRICO operated and maintained the Burlington-O’Brian Canal. Activities included, but are not limited to, protection from others’ construction (City of Brighton, Metro Wastewater Reclamation District, Suncor Energy), ditch cleaning, and updating measurement structures (flow monitoring equipment, calibration, weir verification). 3.10.2. FRICO contributed to Platte Valley Irrigation Company’s operation and maintenance of the Platte Valley Canal and at times performed operation and maintenance of the Platte Valley Canal. 3.10.3. FRICO operated and maintained the Gilmore Canal. Activities included, but are not limited to, ditch cleaning and maintenance and updating measurement structures. 3.10.4. FRICO operated and maintained Barr Lake and Milton Lake. Activities include, but are not limited to, monitoring lake levels; operating, maintaining, and repairing inlet and outlet works; accounting and record-keeping activities; and general reservoir maintenance activities. 3.11. During the diligence period, Lochbuie incurred significant costs in operating and maintaining its wells that are diverted in part pursuant to the augmentation plan decreed in Case Nos. 84CW90 and 98CW457 using accretions from recharge of the Water Right, and in maintaining accounting records associated with the use of those accretions. Lochbuie’s operation and maintenance expenses incurred during the diligence period, include, but are not limited to, Lochbuie’s staff time and outside consultants, and operation, maintenance and construction expenses associated with Lochbuie Wells 1, 2 and 6, connection of Well 6 to the water treatment plant, and the water treatment plant itself. 4. Claims to make the Water Right Partially Absolute: Based on the diversion rates discussed in Paragraph 3.1, above, Applicants claim the following diversion rates absolute: 4.1. Burlington-O’Brian Canal: FRICO diverted a maximum of 648.9 c.f.s of the Water Right at the Burlington-O’Brian Canal on June 18, 2019, and delivered the water for beneficial use consistent with the terms of the Case No. 84CW090 and 98CW457 Decrees. This represents an additional 94.5 c.f.s. absolute over the previously-decreed 554.4 c.f.s. with 251.1 c.f.s. remaining conditional. 4.2. Platte Valley Canal/Evans No. 2 Ditch: FRICO diverted the Water Right at the Platte Valley Canal/Evans No. 2 Ditch at a maximum rate of 94.7 c.f.s. on June 12, 2019, and delivered the water for beneficial use consistent with the terms of the Case No. 84CW090 and 98CW457 Decrees. This leaves 415.3 c.f.s. of the Platte Valley Canal/Evans No. 2 Ditch portion of

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the Water Right remaining conditional. 5. Because Applicants will not construct new or modify any existing diversion or storage structures on land on which the diversion structures for the Water Right are located, no registered or certified mail notice pursuant to C.R.S. § 37-92-302(2)(b)(II) is required in this case. WHEREFORE, the Applicants request the Court to confirm that the Water Right has been made absolute within the terms of the decree in Case No. 84CW090, as described in paragraph 4 of this Application. The Applicants further request the Court to continue the balance of the rates of diversion of the Water Right as conditional. (5 pages)

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

YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of OCTOBER 2020 (forms available on www.courts.state.co.us or in the Clerk’s office) and must be filed as an Original and include $192.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.

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