DISTRICT COURT, WATER DIVISION 1, COLORADO OCTOBER 2017 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 OCTOBER 2017 for each County affected. 17CW43 HARLAN AND LORNA ERICKSON, 35844 Elkridge Run, Elizabeth, CO 80107. 720- 641-5055 or 303-456-9984. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS IN ELBERT COUNTY. Applicant seeks to adjudicate the well, permit 169693, and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a 2.67 acre tract of land lying in the NE1/4 NE1/4, S5, T8S, R64W of the 6th PM, including the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers.

17CW3146 DENVER SOUTHEAST SUBURBAN WATER AND SANITATION DISTRICT, 5242 Old Schoolhouse Road, Parker, CO 80134. Alix L. Joseph, Esq., Burns, Figa & Will, P.C.; 6400 S. Fiddlers Green Circle, Suite 1000, Greenwood Village, Colorado 80111; (303) 796-2626. Application for Finding of Reasonable Diligence in DOUGLAS COUNTY. 2. Description of conditional underground water rights. 2.1. Name and legal description of structures. 2.1.1. Ray Boegel Irrigation Excavated Sump Enlargement. Located at a point in the S1/2 NW1/4 of Section 15, Township 7 South, Range 66 West of the 6th P.M., whence the W1/4 corner of said Section 15 bears South 74°20’ West a distance of 1,394 feet. 2.1.2. Szymanski Irrigation Well Enlargement. Located at a point in the N1/2 NW1/4 of Section 15 whence the N1/4 corner of said Section 15 bears North 33°17’ East a distance of 1,058 feet. 2.1.3. The structures referenced in paragraphs 2.1.1. and 2.1.2. are collectively referred to as the “Well Enlargements.” The conditional water rights to be withdrawn from the Well Enlargements are referred to as the “Enlargement Rights.” A map showing the approximate locations of the structures is attached as Exhibit 1. 2.2. Original and subsequent decrees. The conditional underground water rights that are the subject of this Application were originally decreed on June 27, 1991 in Case No. 87CW338, by the District Court, Water Division 1 (the “87CW338 Decree”). Subsequent decrees awarding findings of reasonable diligence were entered by the Water Court in Case Nos. 97CW191 and 04CW83, on March 23, 1998 and December 1, 2004, respectively. 2.3. Source. The source for each of the Enlargement Rights is the alluvium of Cherry Creek, tributary to the South Platte River. 2.4. Appropriation date. June 8, 1987. 2.5. Amount. 3.0 c.f.s., conditional, for each of the Enlargement Rights. 2.6. Decreed uses. Municipal use, which includes all municipal uses, such as but not by way of limitation, domestic, commercial, manufacturing, industrial, agricultural, watering of parks and lawns and gardens, fire protection, recreation, fish and wildlife propagation, sewage augmentation and exchange. 2.7. Location of structures. Each of the Enlargement Rights involves a supplemental appropriation of water from the location of an existing well structure, as such structure may be enlarged or replaced pursuant to an approved well permit. The existing structures and decreed water rights associated with the location of each of the Well Enlargements are as follows: 2.7.1. The Ray Boegel Irrigation Excavated Sump. Registration No. 2790-F adjudicated May 18, 1972 in Civil Action No. 3635 in the Douglas County District Court, decreed 2.07 c.f.s. with a priority date of May 27, 1954, for agriculture and domestic including fire protection uses, with the point of diversion being a point in the S1/2 NW1/4 of Section 15, Township 7 South, Range 66 West of the 6th P.M., whence the W1/4 corner of said Section 15 bears South 74°20’ West a distance of 1,394 feet. 2.7.2. The Szymanski Irrigation Well. Registration No. 2789-F adjudicated May 18, 1972 in Civil Action No. 3635 in the Douglas County District Court, decreed 4.46 c.f.s. with a priority date of March 9, 1956, for agriculture and domestic including fire protection uses, with the point of diversion being at a point in the N1/2 NW1/4 of Section 15, Township 7 South, Range 66 West of the 6th P.M., whence the N1/4 corner of said Section 15 bears North 33°17’ East a distance of 1,058 feet. 2.8. Pursuant to the 87CW338 Decree, the District may divert all or a portion of the Enlargement Rights at any of the District’s wells (the “District’s Wells”) listed in this paragraph, each

1 of which is decreed as an alternate point of diversion for the Enlargement Rights. 2.8.1. The Lester H. Smith and Virgie M. Smith Irrigation Well. Registration No. 19483, with the point of diversion being a point in the SE1/4 SW1/4 of Section 3, Township 7 South, Range 66 West of the 6th P.M., whence the Southeast corner of said Section 3 bears South 89°40’ East a distance of 2,972 feet. 2.8.2. The Elbert Leroy Scott Irrigation Well No. 2. Registration No. 19514-RF, with the point of diversion being a point in the SW1/4 NE1/4 of Section 10, Township 7 South, Range 66 West of the 6th P.M., whence the Northeast corner of said Section 10 bears North 65°36’ East a distance of 3,123 feet. 2.8.3. The Vestal Well. Registration No. 20675, with the point of diversion being a point in the SW1/4 NE1/4 of Section 10, Township 7 South, Range 66 West of the 6th P.M., whence the Northeast corner of said Section 10 bears North 48°24’ East a distance of 3,411 feet. 2.8.4. The Vestal’s Wellshire Hills, Inc. Irrigation Well. Registration No. 21029-RF, with the point of diversion being a point on the east bank of Cherry Creek and the south bank of Bayou Gulch in the NE1/4 NW1/4 of Section 22, Township 7 South, Range 66 West of the 6th P.M., whence the Northwest corner of said Section 22 bears North 76°53’ West a distance of 2,382 feet. 2.8.5. The Cherry Creek Ranches Irrigation Well. Registration No. 15916-RF, with the point of diversion being a point in the SW1/4 SW1/4 of Section 15, Township 7 South, Range 66 West of the 6th P.M. 2.8.6. The Millard Well. Registration No. 20705-RF, with the point of diversion being a point in the NE1/4 SW1/4 of Section 10, Township 7 South, Range 66 West of the 6th P.M. which point is 2,655 feet south of the north section line and 2,855 feet west of the east section line. 2.8.7. The Lester H. Smith and Virgie M. Smith Irrigation Replacement Well. Registration No. 19483-RF, with the point of diversion being a point in the NW1/4 SE1/4 of Section 10, Township 7 South, Range 66 West of the 6th P.M., which point is 2,497 feet north and 2,420 feet west of the southeast corner of Section 10. 2.8.8. The Martin L. Bechtold Irrigation Well No. 2. Registration No. 18707, with the point of diversion being on the east bank of Cherry Creek and the north bank of Bayou Gulch in the SE1/4 SW1/4 of Section 15, Township 7 South, Range 66 West of the 6th P.M., whence the SW corner of said Section 15 bears South 85°10’ West a distance of 2,335 feet. 3. Description of conditional right of exchange. 3.1. Right of exchange. The conditional right of exchange that is the subject of this Application (the “Right of Exchange”) involves the right to exchange nontributary return flows and historic consumptive use credits upstream on Cherry Creek to: (i) the location of the District’s Wells described in paragraph 2.8. above; and (ii) the Ray Boegel Irrigation Excavated Sump and Szymanski Irrigation Well described in paragraph 2.1., above. 3.2. Original, subsequent and related decrees. The Right of Exchange was originally decreed by the 87CW338 Decree. Subsequent decrees awarding findings of reasonable diligence were entered by the Water Court in Case Nos. 97CW191, 04CW83, and 10CW283. The nontributary return flow credits that are the subject of the Right of Exchange were decreed by the Water Court on December 28, 1988 in Case No. 82CW418. The historic consumptive use credits that are the subject of the Right of Exchange are attributable to the Ray Boegel Irrigation Excavated Sump and were decreed by the Water Court on June 27, 1991 in Case No. 87CW337. Pursuant to the decrees entered in those cases, the return flow credits and historic consumptive use credits may be used and successively reused to extinction. 3.3. Affected stream reach. The extent of the natural stream system which is affected by the Right of Exchange is Cherry Creek from a point where Cherry Creek intersects the north section line of Section 10, Township 7 South, Range 66 West of the 6th P.M., and upstream therefrom to Vestal’s Wellshire Hills, Inc. Irrigation Well, located in the NE1/4 NW1/4 of Section 22, Township 7 South, Range 66 West of the 6th P.M., whence the Northwest corner of said Section 22 bears North 76°53’ West a distance of 2,382 feet. 3.4. Appropriation date. June 8, 1987. 3.5. Amount. The maximum rate of exchange is 1.0 c.f.s., conditional, subject to certain additional limitations set forth in the 87CW338 Decree. 3.6. Fully- consumable water. The District may reuse and successively use the entirety of its nontributary return flow credits and the historic consumptive use credits attributable to the Ray Boegel Irrigation Excavated Sump until such waters are entirely consumed. 4. Detailed outline of diligence activities. The conditional water rights that are the subject of this case (“Conditional Rights”) are part of a plan for augmentation decreed in Case No. 87CW338 to supply water for irrigation and for proposed residential and commercial development (the “Development”) on approximately 258 acres in the N1/2 of Section 15, Township 7 South, Range 66 West of the 6th P.M., in Douglas County (the “Property”). At the time the

2 decree in Case No. 10CW283 was entered, BZH Land Company, LLC owned both the Property and the Conditional Rights. In 2015, the Conditional Rights were conveyed to Choke Cherry Investors, LLC (“Choke Cherry”). Choke Cherry and the District entered into a Developer Service Agreement dated August 17, 2016 (“DSA”) to govern the terms by which the District would provide water service to the Development. Pursuant to the terms of the DSA, Choke Cherry conveyed the Conditional Rights to the District on September 1, 2016. The Conditional Rights will become part of the District’s integrated water system that will be used to serve the Development and the District’s other customers. 4.1. Development of the property. During the diligence period, BZH and Choke Cherry worked toward development of the Property. They were granted a change to the Douglas County 2030 Comprehensive Master Plan to designate the Property as part of the Pinery Separated Urban Area. They also rezoned the Property from A-1 with agricultural uses to Planned Development. On August 15, 2014, BZH conveyed the Property to Choke Cherry. Choke Cherry is in the process of obtaining plat approval from Douglas County. To facilitate construction of infrastructure to serve the Development, Choke Cherry organized the Stone Creek Metropolitan District for the purpose of planning, designing, acquiring, constructing, installing, developing, financing, and operating the public improvements needed to serve units within the Metropolitan District’s boundaries. According to the terms of the proposed plat, the Development will consist of 329 single family units in a planned development with municipal water and sewer services to be provided by the District. District staff and legal counsel have spent hundreds of hours over the past 4- 5 years negotiating with Choke Cherry and its predecessors in interest about what wells, water rights, and associated easements will be required to serve the Property; and the infrastructure necessary to connect Choke Cherry’s water supply to the District’s existing infrastructure. The District has incurred legal expenses in excess of $75,000 to negotiate these agreements. Both Choke Cherry and BZH spent a considerable amount of money toward developing the Property and ensuring that the District would provide water service to the Property once it was developed. 4.2. Work on the District’s water supply system. The District operates an integrated water supply for municipal, residential, commercial, and other beneficial uses within its service area and constitute an integrated system of water rights and structures under C.R.S. § 37-92-301(4)(b). See Decree in Case No. 11CW198 (“11CW198 Decree”) ¶11. The District may continue to integrate additional water rights and structures into its water supply system. Now that the Conditional Rights have been conveyed to the District, the District will explore how to serve the Property by integrating these water rights into its existing water supply system. For purposes of demonstrating reasonable diligence in future proceedings involving the water rights described in this Decree, work performed and effort and costs expended on any of the water rights or structures that are part of the District’s integrated water supply system shall be considered in determining diligence, as these water rights will be part of the District’s integrated water supply system. During the diligence period, the District has spent over $400 million in securing water rights and improving and maintaining its water supply system. These improvements to the District’s existing water supply facility constitute diligence on not only the District’s water supply system, but the Conditional Rights. 4.2.1. Adjudication of a new augmentation plan. On October 6, 2011, the District filed an Application in Case No. 11CW198 seeking new tributary ground water rights, aquifer storage and recovery rights, additional well locations for some of its Denver Basin Water Rights, exchanges, and an augmentation plan that uses quantified LIRFs. The District applied for and was granted annual Substitute Water Supply Plans to operate portions of the plan for augmentation while the Application was pending. The Court entered the 11CW198 Decree on August 30, 2016. The 11CW198 Decree grants the District the following rights: (1) 3,500 a.f./year of tributary groundwater; (2) 2,000 a.f./year ASR; (3) additional well locations for some Denver Basin groundwater rights; (4) Walker Reservoir Exchanges; and (5) a plan for augmentation that uses quantified LIRFs. 4.2.2. WISE. On March 13, 2013, the District entered into the South Metro WISE (“Water, Infrastructure, and Supply Efficiency”) Authority Formation and Organizational Intergovernmental Agreement. This Agreement commits the District to participate in the WISE Partnership through the South Metro WISE Authority (“WISE Authority”). The Agreement also defines how costs will be shared between participating members. The District has committed to subscribing to an average of 500 a.f. of a projected average total of 7,225 a.f. of renewable water to be delivered annually from the WISE

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Partnership. The WISE Authority was formed July 10, 2013. The WISE Authority’s members are 10 local governments located in the southern Denver metropolitan areas of south-central Arapahoe and northern Douglas Counties. The Water Delivery Agreement is the overarching agreement that defines the terms under which Denver and Aurora will deliver water to WISE Authority members. 4.2.2.1. WISE has entered into engineering design and construction contracts to begin taking deliveries of water in 2017. It is currently anticipated that the District will be responsible for approximately $9,800,000 of the capital costs to transport water, in addition to an annual water purchase cost of approximately $917,000 for 500 a.f. of water. Additionally, there will be WISE operations, maintenance, and capital costs. The variable pumping costs and the District’s share of operating and maintenance costs will be billed based upon the volume of water received by the District. The WISE Authority made significant progress on the water delivery project, completing construction on core infrastructure, including a two-million-gallon water storage tank, a green-sand filtration water treatment plant, and several pipeline turnouts that will be the points of connection for the members to receive WISE water. The District is one of five WISE Project members cooperating on the construction of the Ridgegate Pipeline, which is the first component of local infrastructure needed to bring WISE water from the core infrastructure into the District’s service area. This pipeline, along with other components of local infrastructure are planned to be completed in 2018. WISE water is expected to be available to WISE participants downstream of the Ridgegate Pipeline in April 2018. 4.2.3. Pump Station No. 1. The District purchased property between the District’s existing Wastewater Reclamation Facility and the developing Pinery West Commercial Project. The property will be used as the site for a future water treatment plant, replacement of Pump Station No. 1, and future raw water storage. The District has completed construction of a new pump station to replace the original Pump Station No. 1, which was 47 years old. The new pump station was designed to accommodate the District’s planned conversion of its disinfection system from free chlorine to chloramines. 4.2.4. Other capital expenditures. The District has redrilled several of its older Denver Basin wells. The District installed new pipes to connect the redrilled wells to the District’s water system. The District removed and replaced old asbestos cement water pipe and upsized new water pipelines to accommodate transmission of the future water supplies into the District. The District purchased water from the Cherry Creek Project Water Authority as an augmentation source since the District’s supplies were limited by the drought. Other capital projects include the continued maintenance of the water distribution system to replace valves, fire hydrants, and meter pits, and the completion of the interconnect of the District’s water system with the Town of Castle Rock. 5. Name and address of landowner upon which any new or modified diversion structure is located. Choke Cherry Investors LLC, 6700 Scott Avenue, Parker, Colorado 80134. Number of pages in Application: 10.

17CW3147 Harmony Land and Cattle, LLC, 3224 Unit B Highway 203, Encampment, Wyoming, 82325, (307) 327-5550. APPLICATION FOR CORRECTION FOR AN ESTABLISHED BUT ERRONEOUSLY DESCRIBED POINT OF DIVERSION PURSUANT TO § 37-92-305(3.6), C.R.S., IN ELBERT COUNTY. Attorneys for Applicant: Kent Holsinger, Holsinger Law, LLC, 1800 Glenarm Place, Suite 500, Denver, Colorado 80202, (303) 722-2828. Decreed water rights for which correction is sought. A. Name of structure: Oaks Ditch 1. i. Date of original and all relevant subsequent decrees: November 21, 1895, Case No. CA0433, District Court, Weld County, Colorado. ii. Legal description of structure as described in most recent decree that adjudicated the location: “The headgate thereof is located 5 rods North of the S. W. corner of the S. E. quarter of the S. W. quarter of Sec. 28, Tp. 9 S., R. 64 W., in Elbert County, Colorado . . . .” CA0433 Decree, page 15, attached hereto as Exhibit A-1. iii. Decreed source of water: Kiowa Creek. iv. Appropriation Date: April 26, 1866 (Priority 1 on Kiowa Creek). v. Total amount decreed to structure in gallons per minute (gpm) or cubic feet per second (cfs): Absolute 2.0 cfs. vi. Decreed use or uses: Irrigation. vii. Amount of water decreed: Absolute 2.0 cfs. viii. Detailed description of proposed correction to an established but erroneously described point of diversion: The Applicant is the new owner of the water rights. Applicant discovered two errors in the point of diversion described in the decree. First, the Applicant learned that the decree contained an error that described a point located in an entirely different Section number within the legal 4 description. After investigating the matter, the erroneous legal description appears to be a clerical error, possibly because of the similarity in appearance of the numbers 28 and 23. The correct Section is 23. In addition, the record of testimony indicates that witness Joseph Oaks replied affirmatively that the location of the headgate is on the west bank of Kiowa Creek…Section 23, Township 9, South of Range 64 West, Elbert County, Colorado.” Testimony taken April 10, 1894, attached hereto as Exhibit A-2. Second, the Applicant had instructed their ranch manger to take readings from a hand-held GPS device (accurate to within 200 feet), and it was discovered that the headgate had also moved from its decreed location. After researching the history of the area, the Applicant believes that due to flooding in or around 1965 and various washouts over the last 120 years, it was probably impossible to construct a new headgate at its decreed location due to changes in the river channel as the result of the flooding, C.R.S. 37-86-111(1). Applicant has diverted water with the intent to divert pursuant to the decree confirming the water rights, C.R.S. 37-92-305(3.6)(a)(II). ix. The legal description of the corrected point of diversion using UTM Format: Northing: 4345070.67, Easting: 540854.29, Source of UTMs: Hand-held GPS accuracy to within 200 feet, Latitude: 39.253999, Longitude: -104.526500, Legal: SE/4NW/4, Section 23, T9S-R64W, 6th PM, Elbert County, Colorado. A map showing the correct location versus the incorrect location from the CDSS Map Viewer, DWR website, is attached hereto as Exhibit A-3. B. Name of structure: Oaks Ditch 2. i. Date of original and all relevant subsequent decrees: November 21, 1895, Case No. CA0433, District Court, Weld County, Colorado. ii. Legal description of structure as described in most recent decree that adjudicated the location: “The headgate thereof is located at a point on the east bank of Kiowa Creek 5 rods E. of the S.W. corner of the N. W. quarter of the N. E. quarter of Sec. 23, Tp. 9 S., R. 64 W., in Elbert County, Colorado . . . .” CA0433 Decree, page 16, attached hereto as Exhibit B-1. iii. Decreed source of water: Kiowa Creek. iv. Appropriation Date: May 1, 1868 (Priority No. 3 on Kiowa Creek). v. Total amount decreed to structure in gallons per minute (gpm) or cubic feet per second (cfs): 3.0 cfs Absolute. vi. Decreed use or uses: Irrigation. vii. Amount of water decreed: Absolute 3.0 cfs. viii. Detailed description of proposed correction to an established but erroneously described point of diversion: Applicant discovered an error in the point of diversion described in the decree. The Applicant had instructed their ranch manger to take readings from a hand-held GPS device (accurate to within 200 feet), and it was discovered that the headgate has moved from its decreed location. After researching the history of the area, the Applicant believes that due to flooding in or around 1965 and various washouts over the last 120 years, it was probably impossible to construct a new headgate at its decreed location due to changes in the river channel as the result of the flooding, C.R.S. 37-86-111(1). Applicant has diverted water with the intent to divert pursuant to the decree confirming the water rights, C.R.S. 37-92- 305(3.6)(a)(II). iv. The legal description of the corrected point of diversion: Northing: 4345066, Easting: 540857, Source of UTMs: Deputy Water Commissioner, Structure Status and Inventory Report, Inspection dated 7/21/17, Latitude: 39.253944, Longitude: -104.526466, Legal: SE/4SE/4NW/4, Section 23, T9S-R64W, 6th PM, Elbert County, Colorado. A map showing the correct location versus the incorrect location obtained from the CDSS Map Viewer, DWR website, is attached hereto as Exhibit B-2. C. 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: None.

17CW3148 VERIFIED COMPLAINT FOR DECLARATORY AND EQUITABLE RELIEF. Plaintiff: AGGREGATE INDUSTRIES – WCR, INC., a Colorado corporation, 1687 Cole Boulevard, Ste. 300, Golden, CO 80401 v. Defendant: CITY OF GREELEY, a municipal corporation, 1100 10TH Street, Ste. 300, Greeley, CO 80631, BOYD IRRIGATION COMPANY, a mutual ditch organization, 1100 10th Street, Ste. 300, Greeley, CO 80631 and 83rd JOINT VENTURES, LLC., a Colorado limited liability company, 2815 83rd Avenue, Greeley, CO 80634.

17CW3149 Colorado Water Conservation Board (“CWCB”), 1313 Sherman Street, Suite 718, Denver, CO 80203. Telephone: (303) 866-3441. Please direct all future correspondence and pleadings regarding this Application to: Patrick Kowaleski, Senior Assistant Attorney General, Natural Resources

5 and Environment Section, Colorado Department of Law, 1300 Broadway, 7th Floor, Denver, CO 80203. Telephone: (720) 508-6297. E-mail: [email protected]. APPLICATION FOR WATER RIGHTS TO PRESERVE THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE IN PARK COUNTY, COLORADO. 2. Name of water right: Unnamed tributary to Rough and Tumbling Creek Instream Flow Water Right. 3. Legal Description: The unnamed tributary of Rough and Tumbling Creek Instream Flow Water Right is located in the natural stream channel of an unnamed tributary of Rough and Tumbling Creek from its headwaters to the confluence with Rough & Tumbling Creek, a distance of approximately 2.78 miles. A map depicting the approximate location of the Rough and Tumbling Creek Instream Flow Water Right reach is attached as Exhibit 1. A. Upstream Terminus: Unnamed Tributary to Rough and Tumbling Creek Headwaters in the Vicinity of: 1. UTM: Northing: 4318074.94; Easting: 401245.59 (NAD 1983 Zone 13 North) 2. Lat/Long: Latitude 39° 0' 22.00"N and longitude 106° 8' 26.00"W B. Downstream Terminus: Confluence with Rough & Tumbling Creek: 1. UTM: Northing: 4321559.19 Easting: 403468.05 (NAD 1983 Zone 13 North) 2. Lat/Long: latitude 39° 2' 16.00"N and longitude 106° 6' 55.00"W C. The Universal Transverse Mercator (UTM) of the upstream and downstream termini will be used as the legal description for the decree in this matter. The Lat/Long coordinates are provided as cross-reference locations only. The UTM and Lat/Long locations for the upstream and downstream termini were derived from CWCB GIS using the National Hydrography Dataset (NHD). 4. Source: Unnamed tributary to Rough and Tumbling Creek, tributary to South Fork South Platte River, tributary to South Platte River. 5. A. Date of initiation of appropriation: January 24, 2017. B. How appropriation was initiated: Appropriation and beneficial use occurred on January 24, 2017, by the action of the CWCB pursuant to sections 37-92-102(3) and (4) and 37-92-103(3), (4) and (10), C.R.S. (2017). C. Date applied to beneficial use: January 24, 2017. 6. Amount of water claimed: Instream flow of 0.3 cfs (01/01 - 12/31), absolute. 7. Proposed Uses: Instream flow to preserve the natural environment to a reasonable degree. 8. Names and addresses of owners or reputed owners of the land upon which any new or existing diversion structure will be located: The notice required by section 37-92-302(2)(b), C.R.S. (2017), to the owners or reputed owners of the land upon which any new or existing diversion or storage structure is or will be constructed is not applicable in this case. This Application is for instream flow water rights, exclusive to the CWCB under the provisions of section 37-92-102(3), C.R.S. (2017). As an instream flow water right, the CWCB’s appropriation does not require diversion structures or storage. See Colo. River Water Conservation Dist. V. Colo. Water Conservation Bd., 594 P.2d 570, 574 (Colo. 1979); § 37-92-103(4)(c), C.R.S. (2017). As a surface water right, the CWCB’s appropriation of instream flow water rights does not involve construction of a well. 9. Remarks: This appropriation by the CWCB, on behalf of the people of the State of Colorado, is made pursuant to sections 37-92-102(3) & (4) and 37- 92-103(3), (4) & (10), C.R.S. (2017). The purpose of the CWCB’s appropriation is to preserve the natural environment to a reasonable degree. At its regular meeting on May 17, 2017, the CWCB determined, pursuant to section 37-92-102(3)(c), C.R.S. (2017), that the natural environment of Rough and Tumbling Creek will be preserved to a reasonable degree by the water available for the appropriations to be made; that there is a natural environment that can be preserved to a reasonable degree with the CWCB’s water rights herein, if granted; and that such environment can exist without material injury to water rights.

17CW3150 City of Thornton, Infrastructure Department, Division of Water Resources,12450 North Washington St., Thornton, CO 80241, (720) 977-6600. Attorney: Joanne Herlihy, Esq., Senior Assistant City Attorney, City of Thornton, 9500 Civic Center Dr., Thornton, CO 80229, (303) 538-7210. VERIFIED APPLICATION FOR SEXENNIAL FINDING OF REASONABLE DILIGENCE IN ADAMS and DENVER COUNTIES. 2. Name of Structures: East Gravel Lakes a/k/a Tani Lakes. The East Gravel Lakes complex contains two reservoirs known as East Gravel Lake No. 4 and South Tani Reservoir. 3. Description of conditional water right: 3.1.Original Decree: June 25, 1987, Case No. 79CW376, District Court, Water Division 1. 3.2. Subsequent decrees awarding findings of diligence: Since the Decree entered June 25, 1987, timely applications for findings of reasonable diligence have been filed in accordance with Colorado law. Final decrees have been entered granting each such application, finding that Thornton has exercised reasonable diligence in the development of the East

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Gravel Lakes water right in case numbers 2009CW163 (October 31, 2011), and 2000CW244 (October 10, 2003) (making 3,277.36 a.f. absolute), and 1993CW47 (December 12, 1991) (making 650.2 a.f. absolute). 3.3. Location of Reservoirs: 3.3.1. From the Decree: Located in portions of Section 30 and 31, Township 2 South, Range 67 West, 6th P.M. and portions of Section 25 and 36, Township 2 South, Range 68 West, 6th P.M., all in Adams County, Colorado. 3.3.2. Location of reservoirs per Water Court form requirements: 3.3.2.1. East Gravel Lake No. 4: The center point of the reservoir is located in the SE 1/4 of NE1/4 of Section 30, Township 2 South, Range 67 West of the 6th P.M., at a point 840 feet West of the East section line, and 2,300 feet South of the North section line in Adams County, State of Colorado. See Map attached hereto as Exhibit A. 3.3.2.2. South Tani Reservoir: The center point of the reservoir is located in the NE1/4 of NE1/4 of Section 36, Township 2 South, Range 68 West, 6th P.M., at a point 140 feet West of the East section line, and 1,175 feet South of the North section line in Adams County, State of Colorado. See Map attached hereto as Exhibit A. 3.4. Location of Point of Diversion: Burlington Ditch. The point of diversion is located at a point on the east bank of the South Platte River in the NE1/4 of the SW1/4 of Section 14, Township 3 South, Range 68 West 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 NAD 1983 UTM Zone 13S 502616.89 mE 4404471.42 mN. 3.5. Source: South Platte River. 3.6. Appropriation Date: December 13, 1976. 3.7. Amount Decreed: 4072.44 a.f. CONDITIONAL; 3927.56 a.f. ABSOLUTE. 3.8. Uses: All municipal uses, including domestic, mechanical, manufacturing, industrial, generation of electric power, power generally, fire protection, use for sewage treatment, street sprinkling, watering of parks, lawns and grounds, recreation, fish, culture, agriculture uses located within the Thornton water service area, maintenance and preservation of wildlife and aesthetic values and for the replacement, adjustment and regulation, including exchange of the units of the Thornton municipal water system within themselves and with other water users. 3.9. Remarks: The decree in Case No. 79CW376 contemplated that there could be up to five reservoirs comprising the Tani Lakes complex, Tani Lakes 1-5. Since the original decree entered, Tani Lakes 1-3 have been excavated and combined into a single reservoir now known as South Tani Reservoir. The original Tani Lakes 4 was excavated creating what is now known as East Gravel Lake No. 4. These two reservoirs are together now known as the East Gravel Lakes. 4. Provide a detailed outline of what has been done toward completion, including expenditures: From October 31, 2009 through October 31, 2017, Thornton performed the following work and incurred the following costs, all or in part, concerning the remaining conditional portion of its East Gravel Lakes water right (“Subject Water Right”), including work and expenditures on specific structures integral to the diversion and use of the Subject Water Right and in the further development of Thornton’s integrated water supply systems within which the Subject Water Right has been and will be placed to beneficial use. The work done and costs incurred set forth below are illustrative and not exhaustive and Thornton reserves the right to present evidence of additional activities and costs in support of this application: 4.1. Thornton Integrated System Activities: During the diligence period, Thornton has continued in the development and improvement of its Clear Creek and South Platte River water supply system including many of the structures used in the exercise of the Subject Water Right, and the eventual treatment and use of the water yielded by such right. The East Gravel Lakes are one component of the integrated water supply system that Thornton operates to provide itself and its customers with water for municipal purposes. The East Gravel Lakes are operated in conjunction with, and are integrated with other structures owned by Thornton, including the West Gravel Lakes. Water can be stored in the East Gravel Lakes and can be moved through the integrated system prior to treatment at the Wes Brown Water Treatment Plant. Costs incurred by Thornton totaled approximately $11.5 million dollars, and include the following: 4.1.1. Ditch Company Assessments: Thornton paid assessments of approximately $61,000 for its share ownership in the Burlington Ditch Reservoir and Land Company which owns the Burlington Canal which is used to convey water to the East Gravel Lakes. 4.1.2. Henrylyn Maintenance Payment: Payments were made annually to the Henrylyn Reservoir and Irrigation District totaling $40,000 to meet Thornton’s commitments under its agreements with that company in order to convey water through the Burlington Canal to the East Gravel Lakes. 4.1.1. Burlington Canal Diversion Rehabilitation Study: Thornton’s diversion facility from the Burlington Canal

7 to South Tani Reservoir has multiple components. This project is to perform a feasibility study for the rehabilitation of the entire facility. $48,000 was spent during the diligence period. 4.1.2. Solarbees: Thornton utilizes twelve SolarBee units on reservoirs, including the East Gravel Lakes, to circulate water in storage for water quality purposes. Installation and maintenance of the SolarBee units during the diligence period cost approximately $343,000. 4.1.3. South Tani Reservoir Groundwater Drain: Thornton has a groundwater drain around South Tani Reservoir to help maintain groundwater levels. The costs associated with maintenance and repairs of this groundwater drain were approximately $85,000. 4.1.4. Wes Brown Water Treatment Plant (WBWTP) Projects: The Subject Water Right can be treated at WBWTP prior to being distributed to Thornton customers. During the diligence period, several projects occurred at the WBWTP including membrane replacement, tank repairs, and process improvements. In excess of $5 million dollars was spent on these projects. 4.1.5. Reservoir Well Monitoring: This project includes reading, analysis, and maintenance of monitoring wells and metering devices around Thornton's reservoirs, including the East Gravel Lakes. $73,000 was spent on this project. 4.1.6. Water Quality Monitoring: During the relevant diligence period, Thornton spent over $4 million dollars on water quality monitoring and sampling of the East Gravel Lakes and the Burlington Canal. 4.1.7. Water Court: Thornton has actively participated in water court proceedings to protect the Subject Water Right decreed in Case No. 79CW376. Legal and engineering costs incurred relating to the protection of Thornton’s Clear Creek and South Platte River water rights portfolio, including the Subject Water Right during the diligence period were approximately $1.4 million dollars. 5. If claim to make absolute: Not applicable. 6. Names and addresses of owners or reputed owners of land on which any new diversion or storage structure or modification to any existing diversion or storage structure is or will be located, or upon which water is or will be stored: No new diversion or storage structure or modification to any existing diversion or storage structure is necessary. All diversion and storage structures named in this application currently exist and do not need modification to exercise the Subject Water Right. Applicant owns the land upon which the water is and will be stored. WHEREFORE, Thornton respectfully requests that this Court enter an order: 1) finding the facts as set forth above; 2) finding that Thornton has exercised reasonable diligence in the development of the remaining conditional water right for the East Gravel Lakes water right; 3) continuing such right in full force and effect for a period of six years after entry of the Court’s decree herein; and 4) for such other and further relief as this Court deems just and proper. (8 pages).

17CW3151 THE CITY AND COUNTY OF DENVER, , acting by and through its Board of Water Commissioners (“Denver Water” or “Applicant”), 1600 West 12th Avenue, Denver, Colorado 80204, Email: [email protected], Telephone: 303-628-6466. ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE, CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS, IN THE SOUTH BOULDER CREEK OR ITS TRIBUTARIES, IN BOULDER AND JEFFERSON COUNTIES, District Court, Water Division 1, Colorado, Weld County Courthouse, 901 9th Avenue, P.O. Box 2038, Greeley, Colorado 80632. 1. Name, mailing address, email address, and telephone number of applicant. City and County of Denver, acting by and through its Board of Water Commissioners (“Denver Water” or “Applicant”), 1600 West 12th Avenue, Denver, Colorado 80204, Email: [email protected], Telephone: 303-628-6466. 2. Name of Water Rights. a. Gross Reservoir b. Ralston Creek Reservoir c. South Boulder Diversion Conduit d. Denver Power Conduit No. 1. 3. Date of original and all relevant subsequent decrees. a. Original Decree. The original decree was entered September 28, 1953, Case No. 12111 in Boulder County District Court. b. Date of subsequent decrees: September 22, 2010 (Case No. 09CW124); October 16, 2011 (Case No. 08CW290); December 9, 2002 (Case No. 97CW275); October 30, 1991 (Case No. 90CW103); May 4, 1989 (86CW142); May 22, 1986 (Case No. 82CW177); March 20, 1980 (W-3074-78); April 28, 1975 (Case No. W-3074 and W-120). 4. Legal Descriptions of Structures. a. The dam of Gross Reservoir is located in Tracts 48 and 49, Township 1 South, Range 71 West of the 6th Principal Meridian (where the north half (N1/2) of the southeast quarter (SE1/4) of 8

Section 20 of Township l South, Range 71 West of the 6th Principal Meridian would be located by ordinary survey practices) and creates a reservoir covering parts of Tracts 47, 48, 49, 44. 45, 63, 107, 108, 109 and 110, the south half (S1/2) of the south half (S1/2) of Section 18, Section 19, Section 30, the south half (S1/2) of the northeast quarter (NE1/4) of Section 25 and the east half (E1/2) of the southeast quarter (SE1/4) of Section 24, all in Township 1 South, Range 71 West of the 6th Principal Meridian in Boulder County, Colorado (see Exhibit A). b. The dam of Ralston Creek Reservoir is located on or near the east side of the northeast quarter (NE1/4) of the southeast quarter (SE1/4) of Section 32, Township 2 South, Range 70 West of the 6th Principal Meridian and creates a reservoir which covers parts of Section 32, Township 2 South, Range 70 West of the 6th Principal Meridian, and Sections 5 and 6, Township 3 South, Range 70 West of the 6th Principal Meridian, in Jefferson County, Colorado (see Exhibit A). c. The decreed point of diversion of the South Boulder Diversion Conduit is located on the south bank of South Boulder Creek, whence the southwest corner of Tract 143, Township 1 South, Range 71 West of the 6th Principal Meridian, bears south 55°18' west, a distance of 397.4 feet in Boulder County, Colorado (see Exhibit A). d. The decreed point of diversion of the Denver Power Conduit No. 1 is located at the end of the inlet tunnel in the box culvert in Gross Reservoir, from which the northwest corner of Tract 50, Township 1 south, Range 71 West of the 6th P.M., State of Colorado, bears N81º 59’ 30” E a distance of 1906.2 feet. Bearings are based on the west line of said Tract 50 being S00º05’56”W a distance of 1385.40 feet in Boulder County, Colorado (see Exhibit A). 5. Source of Water. a. The source of water for Gross Reservoir, Ralston Creek Reservoir, Denver Power Conduit No. 1 and South Boulder Diversion Conduit is all the water of South Boulder Creek and tributary drainage thereto originating above the individual points of diversion of each of the above- named structures. 6. Dates of Appropriation. a. Gross Reservoir: May 10, 1945 Priority No. 39C. b. Ralston Creek Reservoir: January 1, 1930, Priority No. 31, and October 31, 1932, Priority No. 33C. c. South Boulder Diversion Conduit: January 1, 1930, Priority No. 56C. d. Denver Power Conduit No. 1: May 10, 1945, Priority No. 11C. 7. Amounts of Water. a. Gross Reservoir: 41,811 acre-feet absolute, 71,267 acre-feet CONDITIIONAL, 113,078 acre-feet total. b. Ralston Creek Reservoir (South Boulder Creek source): 11,000 acre-feet absolute (Priority No. 31), 1,758 acre-feet absolute (Priority No. 31), 3,210 acre-feet CONDITIONAL (Priority No. 33C), 15,968 acre-feet total. c. South Boulder Diversion Conduit: 461 cfs absolute, 789 cfs CONDITIIONAL, 1,250 cfs total. d. Denver Power Conduit No. 1: 344 cfs absolute, 6 cfs CONDITIIONAL, 350 cfs total. 8. The use of water: a. Gross Reservoir, Ralston Creek Reservoir and South Boulder Diversion Conduit. Gross Reservoir, Ralston Creek Reservoir and South Boulder Diversion Conduit have been decreed and used for all municipal uses including domestic use, mechanical use, manufacturing use generation of electric power, power generally, fire protection use for sewage treatment, street sprinkling, watering of parks, lawns and grounds, maintaining of adequate storage reserves, irrigation, replacement and the adjustment and regulation of the units of the Denver Municipal Water System within themselves and with other water users. b. Denver Power Conduit No. 1. Denver Power Conduit No. 1 has been decreed for the generation of electric energy. CLAIM FOR FINDING OF REASONABLE DILIGENCE 9. Finding of Reasonable Diligence. Gross Reservoir, Ralston Creek Reservoir, the South Boulder Diversion Conduit, and Denver Power Conduit No. 1 are existing structures. The Applicant has regularly operated the Subject Water Rights during the diligence period. Completion of this appropriation will depend upon the enlargement of Gross Reservoir, South Boulder Conduit and Ralston Reservoir, future hydrologic circumstances and demands in the Denver Municipal Water System. The activities completed by Applicant during the most recent diligence period are set forth below: a. Gross Reservoir: i. Completed Federal Energy Regulatory Commission (FERC) Consultant Safety Inspection Report (CSIR) at Gross Dam. ii. Conducted a seismic hazard assessment at Gross dam as part of FERC requirements. iii. Completed high pressure water jetting to clean foundation drains as part of FERC Safety Inspection Report. iv. Replaced electrical duct bank after September 2013 floods. v. Conducted hydraulic and mechanical studies on the turbine for operations at greater head. vi. Completed Gross reservoir outlet tunnel inspection and condition assessment. vii. Purchased two cone-valves after a condition assessment of all free discharging valves revealed erosion damage on two fixed-cone

9 valves installed in 1978. viii. Signed an IGA with Colorado Division of Water Resources for the maintenance, operation and data transmission of gages at Gross Reservoir. ix. On July 6, 2016 the Army Corps of Engineers issued a Record of Decision for a Section 404 Permit for Denver Water’s Moffat Collection System Project. On August 23, 2017 Denver Water’s CEO signed the 404 permit, and the Colonel of the Army Corps of Engineers’ signature followed on September 18, 2017. This marked a significant milestone in Denver Water’s effort to complete the Moffat Collection System Project. After 14 years of National Environmental Policy Act (NEPA) analysis and review under Section 404 of the Clean Water Act, the Corps’ decision verified Denver Water’s need for greater reliability, flexibility and firm yield in its North System to deal with existing vulnerability and future demand. The Corps’ Record of Decision concludes that the least environmentally damaging alternative to address these needs is expansion of Gross Reservoir to store an additional 77,000 acre-feet of water, which will create 18,000 acre-feet of new water supply each year and include a 5,000 acre foot Environmental Pool. x. The following details major work done during the diligence period specifically for the Gross Reservoir Expansion Project: 1. Completed Gross Reservoir base mapping. 2. Prepared geological mapping and reports for the expansion site. 3. Completed concept level design drawings of the proposed rock quarry. 4. Performed a wetland delineation and confirmation at Gross Reservoir. 5. Finished updating the recreational management plan for Gross Reservoir at the Haul Road, Dam and Peninsula recreation areas. 6. Contracted with the Boulder County Sheriff’s Office for Ranger Patrol services at Gross Reservoir. 7. Performed geotechnical drilling project at the proposed quarry site. 8. Completed test of quarry, haul and process of materials at quarry site. 9. Completed preliminary engineering study to evaluate roadways and provide design drawings for roadway improvements. 10. Performed construction-related noise assessments at Gross dam. 11. Hired a Community Engagement Facilitator and Outreach Support team to lead an engagement effort with the communities surrounding Gross Reservoir that will be impacted by the Gross Reservoir Expansion construction activities. 12. Developed design of roadway improvements and traffic control plans to provide a safe haul route to the construction site. 13. Performed geophysics and subsurface investigations on the Rogers Fault. 14. Completed a site-specific probable maximum precipitation and inflow design flood to define the flood criteria for the new dam as required by FERC and the State Engineers Office (SEO). 15. The Corps and Denver Water signed a programmatic agreement regarding compliance with the National Historic Preservation Act for the construction and operation of the expanded Gross Reservoir. 16. Completed acoustic engineering to update noise producing locations and recommend sound control systems. 17. Appointed an Owners Representative to form an integrated project team for Gross Reservoir Expansion Project. 18. Denver Water partnered with the City of Boulder in its stream restoration project on South Boulder Creek below Gross Reservoir, as mitigation under its 404 Permit for the Moffat Collection System Project. 19. Denver Water retained CDM Smith in 2013 to help prepare an application for 401 Water Quality Certification from the Colorado Department of Public Health and Environment (CDPHE). As part of this effort, CDPHE requested Denver Water develop a Dynamic Stream Temperature Model and submit the model results in its application for 401 water quality certification. These analyses were required in addition to water quality studies completed for the Final EIS. CDPHE Water Quality Control Division issued the Public Notice for the final 401 Water Quality Certification for the Moffat Project on June 23, 2016. This Certification was incorporated into the Corps permitting process. 20. In late 2013 and 2014 Denver Water in collaboration with the US Army Corps of Engineers and US Fish and Wildlife Service, Colorado Parks and Wildlife, and US Forest Service commissioned OneFish Engineering to determine the feasibility and associated costs for installing fish screens at four sites within the Moffat Collection System. This resulted in a report titled “Denver Water Fish Screen Alternative Analysis Report.” which determined that it would be feasible to install fish screens at the four sites, it also recommended screen types, configurations and costs of installing the recommended fish screens. Additionally, Denver Water has chosen to pursue the possibility of installation of fish ladders at some of its existing diversions and culverts. Denver Water also received its Biological Opinions, under the Endangered Species Act, for impacts of the Moffat Collections System Project to

10 threatened and endangered species, including the green lineage cutthroat trout. 21. In November 2016, Denver Water filed its final application to the Federal Energy Regulatory Commission requesting an amendment of its existing hydroelectric Power Project (Project No. 2035) at Gross Reservoir, as it relates to the Moffat Collection System Project. b. Ralston Creek Reservoir: i. Converted as-built drawings at Ralston Reservoir to current Denver Water standards. ii. Constructed two caretaker residences. iii. Completed quarry blasting at Ralston for rock to support new buttress at the outlet flume. iv. Denver Water completed conversion of Impoundment No.3 to Drying Bed No.3 for the capture and recovery system at Ralston Reservoir. v. Denver Water entered into a temporary lease for water with Cotter Corporation to help with the Ralston Creek Bypass Structures project which is part of the Schwartzwalder Mine remediation. vi. Denver Water contracted with Arcadis to prepare a water quality assessment for the South Boulder and Ralston Creeks. The work includes assessment of water quality, assessment of water quality monitoring program and assessment of watershed conditions. vii. Evaluated potential configuration of a new water treatment plant at the Ralston Reservoir site. viii. Completed geotechnical engineering report for the proposed Ralston WTP. ix. Collected aerial mapping and imagery for proposed Ralston WTP. x. Performed condition reconnaissance survey of Ralston Outlet Tunnel. xi. Replaced Ralston Creek flume after September 2013 flood. xii. Repaired misaligned Inclinometer No.2 at Ralston Reservoir. xiii. Completed asbestos abatement at Ralston Reservoir caretaker houses. xiv. Performed an alternatives study for the Ralston dam and outlet works and reservoir bypass pipeline to assess upgrade options to bring the outlet works up to current standards. xv. Completed a geotechnical report for a new vault at Ralston Reservoir. xvi. Prepared a report summarizing positive and adverse factors identified for Ralston’s potential failure mode analysis. xvii. Completed inundation mapping for Ralston dam. xviii. Performed a Cultural Resource Study for the Ralston Reservoir outlet woks renovation project. xix. Completed repairs for Ralston dam primary and auxiliary spillways caused during the September 2013 flood. c. South Boulder Diversion Conduit: i. Completed a Cultural Resource Study for possible replacement where the South Boulder Diversion Conduit crosses Women Creek. ii. Performed rockfall mitigation work at the South Boulder Diversion dam. iii. Completed the replacement of Siphon No.4 as part of the North System Renewal Program. iv. Completed emergency repairs to Eldorado Springs Drive – Kneale Road following the September 2013 floods. v. Repaired washouts at Siphons 5 and 6 along with the removal of 1,300 cubic yards of material following the 2013 floods. vi. Performed South Boulder Diversion Dam gate bearing analysis. vii. Denver Water signed an IGA with Jefferson County to allow recreational use along a portion of the South Boulder Diversion Conduit. d. Denver Power Conduit No.1: i. In 2007, Denver Water completed construction of the power facility at a cost of 16 million dollars and it went into operation on August 1, 2007. The penstock for the new power facility is connected to the existing outlet works piping on the left abutment of Gross Dam. Following this, Denver Water applied for and was awarded a change decree in 2009CW124 WD1 to correct the location of the Denver Power Conduit No.1 to its current location. ii. Also in 2007, Denver Water renewed its power purchase agreement with Public Service Company of Colorado which includes power produced at the Denver Power Conduit No.1. iii. Completed rock scaling at Gross reservoir. iv. Repaired rockfall protection system at Gross Reservoir hydroelectric. CLAIM TO MAKE WATER RIGHTS ABSOLUTE 10. Name of Right Made Absolute: Denver Power Conduit No.1 11. Date Water Applied to Beneficial Use: July 2, 2014. 12. Amount Put to Beneficial Use: 344 c.f.s. 13. Use: Generation of electric power. 14. Description of Place of Use Where Water is Applied to Beneficial Use: The hydroelectric facility is located in Gross Dam and outlet works. LANDOWNER INFORMATION 15. 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. United States Forest Service, Boulder Ranger District, Arapaho and Roosevelt National Forests, 2140 Yarmouth Avenue, Boulder, CO 80301. Miramonte Limited Liability Company c/o/ Bruce K. Alexander, 1000 E. Tufts Avenue, Cherry Creek Village, Denver, CO 80113.

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17CW3152 RULES GOVERNING THE REVIEW OF A SUBSTITUTE WATER SUPPLY PLAN FOR THE LEASE, LOAN, OR TRADE OF A DECREED AGRICULTURAL WATER PROTECTION WATER RIGHT, IN CHEYENNE, KIT CARSON, YUMA, PHILLIPS, SEDGWICK, LOGAN, WELD, MORGAN, LARIMER, BOULDER, GILPIN, CLEAR CREEK, PARK, TELLER, EL PASO, JEFFERSON, DOUGLAS, DENVER, ADAMS, ARAPAHOE, ELBERT, LINCOLN, BROOMFIELD AND WASHINGTON COUNTIES. The State Engineer and Director of Colorado Division of Water Resources, 1313 Sherman Street, 8th Floor, Denver, CO 80203 (please forward all correspondence and pleadings to the attention of Jeffrey N. Candrian and Ema I. G. Schultz, Assistant Attorneys General, Colorado Attorney General, Natural Resources & Environment Section, 1300 Broadway, 7th Floor, Denver, CO 80203, Telephone: 720-508- 6288 (Candrian), 720-508-6307 (Schultz), E-mail: [email protected]; [email protected] respectfully requests the publication of the following proposed Rules in every county in Water Division 1 and in the resume of applications filed with the Water Clerk for Water Division No. 1. TITLE: The title of these rules is “Rules Governing the Review of a Substitute Water Supply Plan for the Lease, Loan, or Trade of a Decreed Agricultural Water Protection Water Right.” The short title of these rules is “Agricultural Water Protection Right Rules” and in this document the rules may be referred to as “Rules.” AUTHORIZATION: In order to comply with the requirements of section 37-80-123, C.R.S. (2016)1, it is necessary to adopt rules governing the review of a substitute water supply plan pursuant to section 37-92-308(12), C.R.S. The State Engineer’s authority to promulgate these Rules is based on section 37-80-102(g), C.R.S., which vests rulemaking authority for the Division of Water Resources in the State Engineer; section 37-80-123, C.R.S., which requires the promulgation of these rules according to the State Engineer’s own rule-making process; and section 37-92-501, C.R.S., which authorizes the State Engineer to adopt rules and regulations to assist in the performance of administration, distribution, and regulation of the waters of the state in accordance with the constitution of the State of Colorado and other applicable laws. ORDER OF THE STATE ENGINEER: IT IS ORDERED that the following Rules governing the review of a substitute water supply plan for the lease, loan, or trade of a decreed agricultural water protection water right are adopted by the State Engineer. RULE 1SCOPE: These Rules apply to all applications for substitute water supply plans pursuant to section 37-92-308(12), C.R.S.: RULE 2 DEFINITIONS: The following definitions are applicable to these Rules: 2.1. “Agricultural Water Protection Water Right” means a water right changed by a water court decree to allow the lease, loan, or trade of up to fifty percent of the amount of water so decreed, subject to the allowances and limitations described in section 37-92-305(19), C.R.S. The Agricultural Protection Water Right is the total amount of the water right that was changed by the water court for agricultural water protection use. A portion of the Agricultural Protection Water Right may be Lease Water, as defined in Rule 2.6. 2.2. “Change Decree” means the water court decree for the change of water right from an absolute decreed irrigation water right used for agricultural purposes to an Agricultural Water Protection Water Right. 2.3. “Criteria and Guidelines” means the document developed by the Colorado Water Conservation Board for the establishment of Agricultural Water Protection Programs pursuant to section 37-92- 305(19)(b)(IV)(B), C.R.S., to assure sufficient protection and monitoring of Agricultural Water Protection Water Rights. 2.4. “Final Decision” means the approval or denial of a substitute water supply plan, as defined in Rule 2.9, which is issued after the reconsideration period, as described in Rule 6. 2.5. “Initial Decision” is the State Engineer’s initial approval or denial of a substitute water supply plan, as defined in Rule 2.9, which may be reconsidered upon request as described in Rule 6.

1 All statute references in this document are to C.R.S. (2016). 12

2.6. “Lease Water” means the portion of the historical consumptive use described in the Change Decree that is requested for lease, loan, or trade in the substitute water supply plan. The amount may be up to fifty percent of the quantified historical consumptive use portion of the Agricultural Water Protection Water Right described in the Change Decree. 2.7. “Person” means an individual, a partnership, a corporation, a municipality, the state of Colorado, the United States, or any other legal entity, public or private. See section 37-92-103(8), C.R.S. 2.8. “Point of Diversion” means either (a) the decreed location where the Lease Water will be diverted from the natural stream or (b) the decreed upstream location of a reach of the natural stream where the Lease Water will be put to beneficial use. 2.9. “Substitute water supply plan” or “SWSP” means a one year plan for the use of Lease Water at a Point of Diversion, which is administratively approved by the State Engineer pursuant to section 37-92-308(12), C.R.S. 2.10. “SWSP Parties” means applicant, all parties commenting on the SWSP application, and all parties to the Change Decree. RULE 3 APPLICATION REQUIREMENTS AND CRITERIA THAT THE STATE ENGINEER WILL CONSIDER IN REVIEW OF A SUBSTITUTE WATER SUPPLY PLAN APPLICATION: Rule 3 describes requirements for information to be included in any SWSP application and, as directed by section 37-80-123(1)(b)(II), C.R.S., criteria the State Engineer will consider in reviewing all applications. Much of the information included in the application will be information found in the Change Decree but will be necessary in the application to provide a complete picture of the proposed operation. Applications should be submitted no later than January 15 to allow for review prior to the irrigation season. Applications should be submitted as early as possible to allow adequate time for evaluation. 3.1. Information that must be included in the application2: 3.1.1. Applicant name and evidence that applicant is the owner of the Agricultural Water Protection Water Right. 3.1.2. Evidence of written notice to the SWSP notification list, as required by section 37-92- 308(12)(b)(A), C.R.S. 3.1.3. Case number for the Change Decree. 3.1.4. Person to whom the Lease Water will be leased, loaned, or traded. 3.1.5. Copy of written lease, loan, or trade with end user of water3. 3.1.6. Proposed use of Lease Water: 3.1.6.1. The amount of Lease Water as a percentage (50 percent or less) of the Agricultural Water Protection Water Right and other amount limitations described in the Change Decree. Such limitations may include volumetric limits, which may vary by the percent of the Agricultural Water Protection Water Right being used, or limits that are a result of return flow percentages. 3.1.6.2. The Point of Diversion of the Lease Water, case number and paragraph or page number where the Point of Diversion is decreed, and any WDIDs assigned by the Division of Water Resources. 3.1.6.3. For a Point of Diversion that is upstream of the decreed point of diversion of the Lease Water, identify intervening water rights and describe how the upstream diversion can occur without injury. 3.1.6.4. Type and place of use of Lease Water. If an augmentation plan allows for the temporary addition of replacement sources, Lease Water may be added only

2 A reference to the decree paragraph and/or page number may be sufficient to fulfill Rule 3.1 rather than transcribing long sections of the Change Decree; however, language from the Change Decree may be included in the application for clarity. 3 Confidential information, which is commonly related to price, may be redacted from application materials as long as essential information such as term, renewal/termination dates, and any special operation clauses are shown. 13

pursuant to the provisions of that augmentation plan and must be diverted at a previously decreed Point of Diversion and returned to the stream for credit. 3.1.7. Opt out of SWSP operation: If applicant desires an SWSP with the option to opt out before the irrigation season begins, describe in detail the terms and conditions applicant requests. The Division Engineer must be notified no later than March 31 and before any diversions under the SWSP occur if the applicant elects to opt out. 3.1.8. Information on Dry Up: 3.1.8.1. A description of the historically irrigated land associated with the Lease Water that will not be irrigated by the Lease Water for the duration of the SWSP. 3.1.8.2. A description of the method to ensure the dry up of the irrigated land associated with the Lease Water, any plans to irrigate with alternative water sources, and any additional dry up terms and conditions from the Change Decree. 3.1.9. Historical return flow obligations: 3.1.9.1. Restatement of return flow obligations by time, place, and amount from the Change Decree. Obligations are typically described as fractions of farm headgate deliveries, flow rates, or volumetric amounts. 3.1.9.2. The amount of return flow obligation associated with the Lease Water. The amount of return flow obligation may vary with the percentage of the Agricultural Water Protection Water Right exercised (50 percent or less) and other limitations described in the Change Decree. 3.1.9.3. The source(s) of water to be used to meet return flow obligations. 3.1.9.4. Documentation of permission to use replacement water (copy of lease or contract) if not owned. 3.1.9.5. The location(s) at which replacement water will be placed in the river to meet return flow obligations, and the river distance from the location water is placed in river to the location of the return flow obligation for calculating transit loss. 3.1.9.6. Explanation of any exchange required to meet return flow obligations, the exchange rate, and exchange potential. 3.1.9.7. For replacement provided through recharge accretions: 3.1.9.7.1. Description of the timing, amounts, and locations of delayed accretions to the receiving stream. 3.1.9.7.2. Table of estimated monthly deliveries, evaporation, other losses, releases, and accretions for the recharge facility. 3.1.9.8. Table of monthly return flow obligations, available replacement water from each replacement source, and transit losses associated with each replacement source. The table should include all ongoing obligations as described in the Change Decree and available replacement water from each replacement source used to meet those obligations. 3.1.10. Required Maps. All maps shall have scale, section, township, and range clearly identified. 3.1.10.1. Map 1: All water infrastructure involved in the SWSP (streams, ditches, Point of Diversion, measuring structures, replacement sources, etc.). 3.1.10.2. Map 2: Lands that will not be irrigated by the Lease Water for the SWSP. 3.1.10.3. Map 3: Lands included in a conservation program or Agricultural Water Protection Program where the water decreed for agricultural water protection use but not leased, loaned or traded will continue to be used for agricultural purposes. 3.1.11. A GIS shapefile outlining the land area that will not be irrigated by the Lease Water must be sent to the Division Office Accounting email4 before an approval can be issued. The shapefile shall include the Change Decree case number, the name of the SWSP

4 Currently, these are [email protected] and [email protected]. 14

application, and any accompanying metadata. In addition, the datum must be NAD83 and the UTM projection must be Zone 13. 3.1.12. Proof of permission5 to use any structures required for the operation of the SWSP but not owned by applicant. 3.1.13. Evidence of enrollment in a conservation program identified in section 37-92- 305(19)(b)(IV)(A), C.R.S. or an Agricultural Water Protection Program for the lands identified in Map 3. 3.1.13.1. Applicant shall verify that use of the water under an SWSP does not conflict with water requirements of the conservation program or Agricultural Water Protection Program. 3.1.14. Detailed draft accounting table consistent with any applicable Division Office Accounting Protocol. 3.1.15. Contact information (including phone number and email address) for the party that will be submitting accounting for the SWSP and the party(ies) who will be coordinating daily operations with the water commissioner(s). 3.2. Criteria that the State Engineer will consider in reviewing an application, as directed by section 37- 92-308(12)(c), C.R.S. The State Engineer must: 3.2.1. Verify that the proposed amount of Lease Water is consistent with the quantification and terms and conditions in the Change Decree and is no more than 50 percent of the historical consumptive use. 3.2.2. Verify that the Point of Diversion is subject to an existing water court decree. 3.2.3. Verify that the SWSP has correctly quantified the amount of replacement water associated with the Lease Water and that the SWSP will meet the return flow obligations in time, place, and amount to prevent material injury to other vested water rights and decreed conditional water rights in accordance with the Change Decree. 3.2.4. Verify that the operation of the SWSP does not facilitate the diversion of water between water divisions by direct diversion, exchange, replacement, or other means. 3.2.5. Consider written comments provided on the application in accordance with section 37-92- 308(12)(b)(II), C.R.S. 3.2.6. Verify that, with appropriate terms and conditions, the SWSP will prevent injury to vested water rights and complies with the Change Decree. RULE 4: TERMS AND CONDITIONS THAT THE STATE ENGINEER MAY IMPOSE THROUGH AN APPROVED SUBSTITUTE WATER SUPPLY PLAN: As required by section 37-80-123(1)(b)(I), C.R.S., Rule 4 describes the terms and conditions that the State Engineer may impose on SWSP approvals pursuant to these Rules. Sections 37-92-308(12)(c)(VI) and (VII), C.R.S., specifically require SWSP terms and conditions for the use of Lease Water, including the return flow obligations in time, place, and amount that prevent material injury to other vested water rights and decreed conditional water rights and allow delivery to the Point of Diversion. All terms and conditions of the Change Decree apply to the SWSP. All SWSP terms and conditions shall be consistent with the Change Decree to the extent the Change Decree addresses any aspect of the operation. Should a conflict arise between the Change Decree and the SWSP, the terms and conditions of the Change Decree supersede any conflicting Standard SWSP Terms and Conditions or other conflicts between the SWSP and Change Decree. 4.1. The following Standard Terms and Conditions shall be included in every SWSP approval, but can be modified by the State Engineer in an SWSP approval. Applicants may suggest modifications to Standard Terms and Conditions in the application if necessary. 4.1.1. This SWSP shall be valid for the period of one year, as specified in the Final Decision unless otherwise revoked or superseded. Any change in the use of the Lease Water, return flow replacement, or operations of the SWSP requires submittal of a new application pursuant to section 37-92-308(12), C.R.S.

5 If permission is pending, an explanation on the status may be provided. 15

4.1.2. If the terms and conditions of the SWSP remain unchanged, the applicant may renew the SWSP two times within three years of the original beginning date by notifying the State Engineer by electronic mail (to the Division Office Accounting Email6) or first-class mail (to the State Engineer’s Office) that the terms and conditions remain unchanged. The notice must describe the requested period of renewal (beginning date through end date), not to exceed one year, and a copy of the renewed lease, loan, or trade agreement, if applicable. Notice should be provided at least 35 days prior to the requested beginning date. 4.1.3. The State Engineer may revoke this SWSP or add additional restrictions to its operation if at any time the State Engineer determines that injury to other vested water rights has occurred or will likely occur as a result of the operation of this SWSP or if the applicant fails to comply with the SWSP conditions of approval. Should this SWSP expire without renewal or be revoked, all use of water under this SWSP must cease immediately. However, all ongoing obligations from operation under this SWSP, such as historical return flow replacements, must continue to be fulfilled. 4.1.4. Approval of this SWSP is contingent on the non-irrigation of the specified portion of the applicant’s property as shown on Map 2. 4.1.5. This SWSP is only valid if the lands shown on Map 3 continue to participate in a program as required in section 37-92-305(19)(b)(IV), C.R.S. 4.2. Pursuant to section 37-92-308(12)(c)(VI), C.R.S., additional terms and conditions not listed in Rule 4.1 will be included in each SWSP approval to allow for administration and prevention of injury based on the specific operation of each SWSP. 4.3. The State Engineer may include terms and conditions submitted by commenting parties pursuant to section 37-92-308(12)(b)(II), C.R.S. RULE 5 ADDITIONAL INFORMATION TO BE INCLUDED IN THE DECISION OF THE STATE ENGINEER: The decision of the State Engineer, either an approval or denial of the SWSP application, must include the following information as required by section 37-92-308(12)(f), C.R.S.: 5.1. Detailed statement of the basis and rationale for the decision. If the decision is an approval, the approval must include a complete explanation of the terms and conditions imposed to prevent injury to other water rights (see Rule 4) and why the terms and conditions are imposed. 5.2. Description of the consideration given to any written comments that were filed by other parties. RULE 6 RECONSIDERATION AND APPEAL OF STATE ENGINEER’S DECISION: Section 37-80-123(1)(b)(IV), C.R.S., requires that the Rules provide procedures for the State Engineer to reconsider a decision and section 37-92-308(12)(h), C.R.S., describes the SWSP appeal process. Reconsideration and appeal of the State Engineer’s decision shall be in accordance with the following: 6.1. Initial Decision and Reconsideration 6.1.1. The State Engineer shall serve7 a copy of the Initial Decision, whether an approval or denial, on all SWSP Parties. The Initial Decision may be reconsidered within 14 days of the date of service of the Initial Decision. 6.1.2. Any party may request that the State Engineer reconsider the Initial Decision during the 14-day reconsideration period by providing information not available to the State Engineer when the Initial Decision was made, by identifying or explaining information the State Engineer failed to consider, or by identifying clerical errors in the Initial Decision. The requesting party shall serve a copy of the request on all SWSP Parties and the State Engineer.

6 Currently, these are [email protected] and [email protected]. 7 Any service required by these Rules shall be by electronic mail (including via Colorado Courts E-Filing) or by First-Class mail, if a party has so elected. 16

6.1.2.1. The State Engineer will review the information provided by the party requesting reconsideration and will provide a response to all SWSP Parties within a reasonable time. 6.1.3. If no reconsideration is requested, the State Engineer will issue a Final Decision 14 days after the Initial Decision. If any party requests reconsideration, the State Engineer will issue the Final Decision after reconsideration. The State Engineer will serve a copy of the Final Decision on all SWSP Parties. The SWSP may be operated only after the State Engineer issues the Final Decision. 6.2. Appeal of State Engineer’s Final Decision 6.2.1. Any appeal of the Final Decision must be made within thirty-five days of the date of service of the Final Decision. Any appeal must be filed under the Change Decree case number. RULE 7 AGRICULTURAL WATER PROTECTION WATER RIGHT SUBSTITUTE WATER SUPPLY PLAN DATABASE: Rule 7 establishes procedures for creating a database that tracks and inventories SWSPs and for making that information available to the public as required by section 37-80-123(1)(b)(V), C.R.S. 7.1. Database creation: 7.1.1. The existing database used to track SWSP status will be modified to include the information listed in Rule 7.2. 7.2. Database information requirements: 7.2.1. Change Decree case number. 7.2.2. SWSP name. 7.2.3. Approved date of operation for the original SWSP: the date that operation may begin for the first SWSP pursuant to an application, as opposed to a request for a renewal. 7.2.4. SWSP recent renewal date: the date that operation may begin for the one-year renewal of the SWSP, as allowed by section 37-92-308(12)(d), C.R.S. 7.2.5. Status (approved, denied, pending, etc.). 7.2.6. Decreed beneficial use(s) of the Lease Water prior to the Change Decree. 7.2.7. Type of SWSP: “308(12) – Agricultural Water Protection,” which also describes the decreed beneficial use of the water under the Change Decree. 7.2.8. Beneficial use of the Lease Water in the SWSP. 7.2.9. Amount of Lease Water in the SWSP. 7.2.10. Location(s) of use of the Lease Water in the SWSP including water division, water district, and section, township, and range. 7.3. Database accessibility: 7.3.1. The public will have access to the information in Rule 7.2 through the Colorado Information Marketplace. RULE 8 SEVERABILITY: If any portion of these rules is found to be invalid, the remaining portion of the rules shall remain in force and in effect. IT IS FURTHER ORDERED that these rules shall take effect sixty days after publication in accordance with section 37-92-501, C.R.S., and will thereafter remain in effect until amended as provided by law. In the event that protests are filed with respect to these Rules pursuant to section 37-92-501, C.R.S., the effective date of these Rules is the date on which all protests have been resolved. Any person desiring to protest these rules may do so in the manner provided in section 37-92-501, C.R.S. Any such protest to these rules must be filed by the end of the month following the month in which these rules are published.

17CW3153 WEST FARM, LLC, c/o David R. Jensen, Manager, 2352 Alton Street, Denver, Colorado 80238, 303-355-3485, [email protected]. Gilbert Y. Marchand, Jr., #19870, Gilbert Y. Marchand, Jr., P.C., 2737 Mapleton Avenue, Suite 202, Boulder, CO 80304, (303) 444-4256. APPLICATION FOR CORRECTION OF ESTABLISHED BUT ERRONEOUSLY DESCRIBED POINT OF DIVERSION PURSUANT TO § 37-92-305(3.6), C.R.S. IN WELD COUNTY. 1. Name,

17 mailing address, e-mail address, and telephone number of Applicant: West Farm LLC, c/o David R. Jensen, Manager, 2352 Alton Street, Denver, Colorado 80238, 303-355-3485, [email protected]. 2. The decreed water right for which correction is sought is referred to herein as the “Hodgson Ditch Water Right,” and is described as follows. 2.A. Name of structure: Hodgson Ditch. 2.B. Date of original and all relevant subsequent decrees, including case number and court: The Hodgson Ditch water right was decreed on April 28, 1883 by the District Court of Arapahoe County in CA 6009, In The Matter Of A Certain Petition For Adjudication Of The Priority Of Rights To The Use Of Water For Irrigation In Water District No. 2. The decree is referred to herein as the “CA 6009 Decree.” 2.C. Legal description of structure: 2.C.(1) The CA 6009 Decree describes the headgate of the Hodgson Ditch Water Right as being located in the southeast quarter of Section 26, Township 3 North, Range 66 West. 2.C.(2) The actual location of the Hodgson Ditch Water Right is on the left bank of Grafflin Slough, whence the northeast corner of Section 23 (U.S. Land Survey), Township 3 North, Range 67 West of the 6th P.M., bears approximately North 02 degrees 45 minutes East, approximately 3,600 feet. This actual location is also the point of diversion of the Hodgson Ditch Enlargement water right decreed by this Court in Case No. 87CW306 on March 4, 1992 and made fully absolute in the decree entered by this Court in Case No. 08CW210 on February 9, 2010. The actual, established location is depicted on the map attached to the decree in Case No. 87CW306, and is also marked on the USGS topographic map attached as Exhibit A of the application filed with the Court in this case. 2.C.(3) The established location is approximately five miles from the headgate location described in the CA6009 Decree. A map depicting both the established location of the Hodgson Ditch Water Right and the erroneous headgate location described in the CA6009 decree is attached as Exhibit B of the application filed with the Court in this case. 2.D. Decreed source of water: Grafflin Slough, an old bed of the South Platte River. 2.E. Appropriation date: April 26, 1869. 2.F. Total amount decreed to structure in gallons per minute (gpm) or cubic feet per second (cfs): 769 cubic feet per minute, or 12.82 cubic feet per second, absolute. 2.G. Decreed use or uses: irrigation. 3. Detailed description of proposed correction to established but erroneously described point of diversion pursuant to Section 37-92-305(3.6)(a) and (b), C.R.S.: Applicant is the owner by deed of 8.0 cfs of the Hodgson Ditch Water Right, and since approximately 1973 Applicant and its predecessors have been the sole diverter and user of all the water legally and physically available to the Hodgson Ditch Water Right, up to and including the 12.82 cfs described in the CA 6009 Decree. Upon information and belief, the point of the diversion of the Hodgson Ditch Water Right has been at the physical location described in paragraph 2.C.(2), above, since the CA 6009 Decree confirmed the water right, and is the point from which Applicant has diverted water with the intent to divert pursuant to both the CA 6009 Decree and the decree in Case No. 87CW306. Upon information and belief, the headgate location described in the CA6009 Decree is the result of a clerical error because it is approximately five miles away from both the Grafflin Slough decreed source and the South Platte River mainstem, and could not have been intended as a diversion point in the CA6009 proceedings. Applicant learned of the erroneous description of the point of diversion in August of 2017 via e-mail from Applicant’s attorney, who discovered the error sometime between May and August of 2016. Applicant is filing this application less than three years from the date that Applicant was informed of the error and less than three years from the date that Applicant’s attorney learned of the error. 4. Remarks: This application does not include, and will not be consolidated or joined with, an action by Applicant seeking any type of change of water right or diligence proceeding or application to make absolute with respect to the Hodgson Ditch Water Right described herein. 5. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Not applicable. WHEREFORE, pursuant to C.R.S. Section 37-92-305(3.6), Applicant requests the court: to find that Applicant has satisfied the requirements for the correction of an established but erroneously described point of diversion set forth in C.R.S. Section 37- 92-305(3.6); that the correction to the established but erroneously described point of diversion sought herein will not cause an enlargement of the historical use associated with the Hodgson Ditch Water Right and will not injuriously affect the owner of or persons entitled to use water under a vested water right or a

18 decreed conditional water right; and to enter a decree correcting the established but erroneously described point of diversion as described herein and granting such other relief as the Court deems proper under the circumstances. (4 pages).

17CW3154, Robert and Denise Baker, 10877 Deer Haven Trail, Parker, CO 80138 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR CHANGE OF WATER RIGHT, DOUGLAS COUNTY. Decree information for which change is sought: Terms of augmentation plan decreed in Case No. 11CW140, decreed on January 8, 2012. The property which is the subject of the decree is 10 acres, being Lot 3, Wild Horse Estates, generally located in the NW1/4NE1/4 of Section 19, T6S, R65W of the 6th P.M., Douglas County, as shown on Attachment A (Subject Property). Applicants were the Applicants in the original decree. Proposed change: In the original decree, an augmentation plan was approved for use of one acre-foot per year of not nontributary Upper Dawson aquifer groundwater for in house use in one residence (0.4 acre-feet), irrigation of 9500 square-feet of irrigated area (0.55 acre-feet), and stockwatering (0.05 acre-feet). By this application, Applicants request that the use of the one acre-foot per year to be changed to in house use in two residences (0.3 acre-feet per residence and 0.6 acre-feet total), irrigation of 6000 square-feet of home lawn, garden and trees (0.35 acre-feet), and stockwatering of up to 4 large domestic animals (0.05 acre- feet), through an existing well on the Subject Property. Applicants reserve the right to revise the uses and annual amount to be withdrawn pursuant to this change without having to amend the application or republish the same. Return flow from in house use is 90% of that use or 0.54 acre-feet per year. During pumping Applicants will replace actual depletions to the affected stream system pursuant to Section 37- 90-137(9)(c), C.R.S. Pursuant to Case No. 11CW140, the actual depletion at 100 years of pumping is 8.63% of the annual amount withdrawn or 0.086 acre-feet. Depletions occur to the Cherry Creek stream system and return flow from in house use will accrue to that stream system in a sufficient amount to replace actual depletions while the groundwater is being pumped. No other provisions of the original decree will be changed, including reservation of an equal amount of nontributary groundwater underlying the Subject Property for replacement of post pumping depletions. Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (4 pages).

17CW3155 Donald and Kay Nielsen, 34249 County Road 13, Elizabeth, CO 80107 (James Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, ELBERT COUNTY, 35.3 acres being Lot 1, Eliott Subdivision and Lot 2B, Eliott Subdivision, First Amendment, located in the SE1/4SE1/4 of Section 12, T8S, R65W of the 6th P.M., Elbert County, as described and shown on Attachment A ("Subject Property"). Annual Amounts: Upper Dawson: 6 acre- feet, Lower Dawson: 7.5 acre-feet, Denver: 8 acre-feet, Arapahoe: 13.8 acre-feet; Laramie-Fox Hills: 11.8 acre-feet. Upper Dawson and Denver aquifer amounts reduced for existing well permits. Uses: Domestic, commercial, industrial, irrigation, stockwatering, fire protection and augmentation, including storage, on and off the Subject Property. Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (5 pages).

17CW3156 Board of County Commissioners of the County of Weld ("Weld County"), 1150 O St., Greeley, CO 80632. Please send all future correspondence and pleadings to: Bradley C. Grasmick, Lawrence Jones Custer Grasmick, LLP, 5245 Ronald Reagan Blvd., Ste.1, Johnstown, CO 80534. Application for Finding of Reasonable Diligence for Conditional Water Right, in WELD COUNTY. 2. Name of structure: Weld County Dust Control Well #1 ("Well #1"); 3. Description of water right: Underground Water Right. 3.1. Well: The well is Weld County Dust Control Well #1 ("Well #1"), Well Permit #50426-F. 3.2. Original Decree: Case No. 04CW359, Weld County District Court, October 31, 2011. 3.3. Legal Description: Well #1 is located in the NE1/4 of the SW1/4, Section 31, Township 6

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North, Range 65 West of the 6th P.M. in Weld County, Colorado, at a point 2632 feet from the South section line and 1485 feet from the West Section Line. 3.4. Source and Depth: The source of water for Well #1 is groundwater from the alluvium hydraulically connected to the Cache la Poudre River, a tributary of the South Platte River. The depth of the well is 65 feet. 3.5 Appropriation Date: June 4, 1998. 3.6 Amount of Water Claimed: 2.23 cfs and 29.2 acre-feet annually were decreed absolute in Case No. 04CW359. Weld County requests that the remaining conditional 10.8 acre-feet annually be continued as conditional. 3.7. Use: Weld County will continue to use water from Well #1 in gravel mining operations including operating air emissions control devices; controlling fugitive particulate emissions; washing and processing sand, gravel and aggregate; washing equipment; accounting for evaporative losses of water from mined materials stockpiled at the site or removed from the site; irrigating and reclaiming mine sites and maintaining wetlands. Weld County will also continue to use water from Well #1 for other public purposes including construction and maintenance of roads, control of fugitive particulate emissions from public roads and other public sites, irrigation of landscaping, reclamation of construction sites for public facilities, and fire suppression and emergency response. 4. Detailed outline of what has been done toward completion of the appropriation: Well #1 is an integral facility in Weld County's overall water portfolio and Weld County anticipates a growing demand for Well #1 due to the growth presently being experienced in Weld County and the corresponding increase in Capital Improvement Projects being undertaken by the Weld County Public Works Department. In addition, Weld County is presently located within the maintenance area for PM10 particulate matter. As traffic levels on Weld County's 2,500 miles of gravel roads increase and regulatory requirements for PM10 levels become more stringent Weld County's use of Well #1 is expected to increase in order to maintain those roads and provide necessary air emissions, dust suppression and particulate controls. Consistent with the need for the well, the infrastructure for Well #1 was rehabilitated in 2012. The rehabilitation included construction of a larger concrete pad under the overhead filing stand to accommodate larger water trucks, a new overhead filling stand, new pump house, and new access roads into the site at a cost of approximately $80,000. In 2014, Weld County spent an additional $17,700 to upgrade the access road to Well #1. Since 2012, Weld County has consistently spent approximately $8,500 per year in maintaining the access road. In addition, Weld County upgraded the three-phase electrical line providing power to the well at a cost in excess of $100,000. 5. Name and address of owner of land on which well is located: Weld County is the owner of Well #1 which is located on land that is owned by the Central Colorado Water Conservancy District. Weld County's associated easements for Well # 1 are of record. Wherefore, Weld County requests the court to find that it has proceeded with diligence to continuing the conditional water rights for another diligence period, and such other and further relief as the court deems just. 3 pages, no exhibits.

17CW3157 CITY OF WOODLAND PARK, CO, 220 W. South Ave., P.O. Box 9007, Woodland Park, CO 80866. Julianne M. Woldridge, MacDougall & Woldridge, P.C., 1586 So. 21st St., Suite 200, Colorado Springs, CO 80904 (719) 520-9288. Application for Findings of Reasonable Diligence and to Make Absolute in Part in TELLER COUNTY. Structure names: Trout Creek Well Field Enlargement, consisting of the enlargement of four wells called Trout Creek Well Field Well Nos. 1 (permit no. 58167- F), 2 (permit no. 58168-F), 3 (permit no. 233343), and 4 (permit no. 62401-F) (also known as Lucky Lady Nos. 1, 2, 3, and 4). Original Decree: Case No. 98CW449, Oct. 31, 2011, Water Div. No. 1. Legal description: Within the SW1/4 of the NE1/4, Sec. 11, T.12S., R.69 W., 6th P.M., Teller County, CO, the following distances from section lines of said Sec. 11: a. Trout Creek Well No 1: 2,582 feet from the North section line and 1,958 feet from the East section line; b. Trout Creek Well No 2: 2,670 feet from the South section line and 1,751 feet from the East section line; c. Trout Creek Well No 3: 2,670 feet from the South section line and 1,644 feet from the East section line; and d. Trout Creek Well No 4: 2,630 feet from the North section line and 1,426 feet from the East section line. Source: Groundwater tributary to Trout Creek tributary to the South Platte River. Appropriation Date: August 20, 1998. Uses: Municipal irrigation domestic commercial and industrial in the City of Woodland Park municipal water service area. Amounts: 0.75 c.f.s. for all four wells combined CONDITIONAL over and above the 0.25

20 c.f.s. confirmed in Case No. 96CW69. Applicant seeks a determination that 0.17 c.f.s. of the 0.75 c.f.s. of the subject right has become absolute. Dates water applied to beneficial use: Applicant has diverted the water right through Trout Creek Well No. 1, Trout Creek Well No. 2, and Trout Creek Well No. 4. Trout Creek Well No. 3 is used only as a monitoring well. The water right was diverted in varying amounts in October 2011 through April 2012, November 2012 through April 2013, December 2013 through March 2014, June through July 2014, September 2014 through July 2015, October 2015 through March 2016, June 2016, November 2016 through March 2017, and August 2017. The maximum amount diverted and placed to beneficial use was during July 2017 when 9.98 a.f. of this water right was diverted and placed to beneficial use (approximately 0.17 c.f.s.). The water was placed to beneficial use in Applicant’s municipal water system service area for municipal, domestic, irrigation, commercial, and industrial uses. The wells continue to be in service. Out-of-priority diversions have been augmented pursuant Substitute Water Supply Plans approved by the State Engineer and pursuant to the augmentation plan decreed in Case No. 02CW254. Summaries of diversions for the water right are attached to the application on file with the Court. Description of place of beneficial use: Applicant’s municipal water system service area. The current water service area is generally described as all or part of Sections 7, 18, 19, 30, and 31 in T.12S., R.68W., and Sections 2, 11, 12, 13, 14, 23, 24, 25, 26, and 36 in T.12S., R.69W., 6th P.M., and is generally shown on the map attached to the application on file with the Court. Applicant seeks findings that it has been reasonably diligent toward or for completion of any remaining conditional portions of the appropriation and application of the water to beneficial uses as decreed. Since September 2002 and including the diligence period from November 2011 to date, Applicant has and continues to maintain all four well structures. Three of the wells are maintained and operated on a regular basis as active diversion structures and have diverted the water right. The fourth well is maintained as a monitoring well, with the water right being diverted on a regular basis from the other three wells. Since October 2011, Applicant expended approximately $5,450.00 for replacement parts for the wells. Applicant has and continues to expend funds for standard operation of the wells, including for electricity and operation. Applicant has and continues to keep and submit regular records of diversions of the water right, including diversions pursuant to the decreed augmentation plan. Applicant has and will continue to divert and use this water right as part of a unified water system. Activities related to the unified system are evidence of diligent efforts on behalf of this individual water right, and include prosecution of an application for approval of the augmentation plan in Case No. 02CW254, prosecution of an application in Case No. 12CW58 to make absolute the first 0.25 c.f.s. water right for these structures decreed in Case No. 96CW69, for which a decree was entered on March 13, 2012, securing augmentation water supplies, and monitoring monthly water court applications for applications that could adversely affect Applicant’s water rights. During the diligence period Applicant expended in excess of $21,170.00 in legal fees and costs in connection with these activities. During the diligence period Applicant expended in excess of $750,000.00 to purchase water rights for purposes of its augmentation plan which was used to augment depletions from these structures. (8 pages)

17CW3158 City and County of Denver, acting by and through its Board of Water Commissioners (“Denver Water” or “Applicant”), 1600 West 12th Avenue, Denver, Colorado 80204, APPLICATION FOR FINDING OF REASONABLE DILIGENCE, CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS IN THE SOUTH PLATTE RIVER OR ITS TRIBUTARIES, IN DOUGLAS, JEFFERSON, ARAPAHOE, DENVER, BROOMFIELD, WELD, BOULDER AND ADAMS COUNTIES, District Court, Water Division 1, Colorado, Weld County, Courthouse, 901 9th Avenue, P.O. Box 2038, Greeley, Colorado 80632. 1. Name, Mailing Address, Email Address, and Telephone Number of Applicant. City and County of Denver, acting by and through its Board of Water Commissioners (“Denver Water” or “Applicant”), 1600 West 12th Avenue, Denver, Colorado 80204, Email: [email protected]; [email protected], Telephone: 303-628-6460. 2. Name of Water Rights. 5K Direct Flow Water Right. DESCRIPTION OF CONDITIONAL WATER RIGHT 3. Date of Original and All

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Relevant Subsequent Decrees. The original decree was entered October 25, 2011, Case No. 2001CW285 in Weld County District Court. DESCRIPTION OF CONDITIONAL WATER RIGHT 4. Legal Descriptions of Structures. a. The Burlington O’Brian Canal Headgate. The location of the Burlington O’Brian Canal Headgate is located on the east bank of the South Platte River, in the NE1/4 of the SW1/4, Section 14, T3S, R68W, 6th P.M., in City and County of Denver, Colorado, 2456.2 feet east of the west line of the southwest quarter and 2347.7 feet north of the south line of said southwest quarter of Section 14. The headgate is located at approximately latitude 039° 47’ 24.69” N, longitude 104°58’ 9.97” W. The UTM coordinates are approximately NAD 1983 UTM Zone 13S 502616.89 mE 4404471.42 mN. b. The Fulton Ditch Headgate. The headgate of the Fulton Ditch, on the east bank of the South Platte River in the NE1/4 of the SE1/4, Section 17, T2S, R67W, 6th P.M., in Adams County, Colorado, at a point approximately 2,815 feet south and 145 feet west of the NE corner of said Section 17. c. The Metro Wastewater Reclamation Pump Station. The Metro Wastewater Reclamation District Pump Station (“Metro Pump Station”), which is located near the Metro Wastewater Reclamation District Treatment Plant South Platte River Outfall, diverts treated wastewater from the wastewater treatment plant effluent stream at two points, both of which are located in the NE1/4 of the NW1/4, Section 12, T3S, R68W, 6th P.M., in Adams County, Colorado, approximately 90 feet from the north section line and 1,440 feet from the west section line. The Metro Pump Station diverts treated water from the Metro Wastewater Reclamation District Treatment Plant before it reaches the South Platte River. 5. Source of Water. South Platte River, streams tributary thereto, and wastewater tributary thereto. 6. Date of Appropriation. December 28, 2001. 7. Amounts of Water. a. Flow Rates. i. The Burlington O’Brian Canal Headgate. A maximum rate not to exceed 20 cubic feet per second, conditional. ii. Fulton Ditch Headgate. A maximum rate not to exceed 20 cubic feet per second, conditional. iii. Metro Pump Station. A maximum rate not to exceed 20 cubic feet per second, conditional. iv. Combined Maximum for all Points. A maximum of 20 cubic feet per second, conditional. b. Volumetric Limit. The 5K Direct Flow Water Right is limited to a volumetric diversion limit of 5,000 acre-feet conditional during the annual period of May 1 through April 30 of the following year. 8. Use of Water: The water diverted under the 5K Direct Flow Water Right will be delivered by Denver Water to South Adams and other End Users (defined in the 1999 Agreement and 2006 Amendment) with whom FRICO contracts, for direct flow municipal use pursuant to the terms of an August 31, 1999 Agreement (“1999 Agreement”) between Denver Water and the Farmers Reservoir and Irrigation Company, the Burlington Ditch Reservoir and Land Company, and the Henrylyn Irrigation District, as modified by an amendment dated September 8, 2006 (“2006 Amendment”) executed by the same parties. (Exhibit A). Such direct flow uses include, but are not limited to, uses normally made in a municipal service area, including replacement, augmentation, domestic, industrial, replacement of lake and reservoir evaporation, irrigation of yards and parks, fire protection, excluding, however, water for purposes of irrigation for agriculture. The water so delivered may be fully consumed and, if not fully consumed in the first use, any return flows from such first use may be reused and successively used by Denver Water or the End User of the 5K water, either directly or after exchange or storage, for the purposes set forth in this paragraph, subject to the terms and conditions of the decree entered in Case No. 2001CW285 WD1. 9. Place of Use. The 5K Direct Flow Water Right may be placed to beneficial use within the Metropolitan Area as defined in the 1999 Agreement and 2006 Amendment. CLAIM FOR FINDING OF REASONABLE DILIGENCE 10. Claim for Finding of Reasonable Diligence. The following subparagraphs describe the activities and financial expenditures made by Denver Water in an effort to complete the conditional appropriation of the 5K Direct Flow Water Right and apply the waters to a beneficial use as conditionally decreed within a reasonable time: a. South Reservoir Complex. i. Storage, diversion and beneficial use of water right during the diligence period. ii. Completed a dewatering well MODFLOW stream depletion analysis at Bambei-Walker Reservoir. iii. Installed ventilation systems in the pump house to eliminate buildup of hydrogen sulfide. iv. Placed fill to rehabilitate banks along the east side of Bambei-Walker Reservoir. v. Extended mounding drain outlet pipes with like materials to accommodate the stable slope and riprap material thickness, and construct a concrete rundown at the pumped mounding drain outlet. vi. Performed erosion control as required by all local, state, and federal

22 requirements. vii. Acquired a permanent easement from Sam E. Hill at Bambei-Walker Reservoir for access to the reservoir for maintenance, construction and repairs. viii. Made drainage improvements at Welby Reservoir on the west side of the complex including grading Gardeners Ditch and adjacent overflow area to protect water quality; installation of concrete pipe, manholes and drop inlets; removal of trash, old structures and trees; cleaning of culverts and installation of two grouted overflow structures. ix. Rezoned and replatted 69th Way adjacent to Welby Reservoir. The work included relocating a gas line, additional support during the County review process and survey work necessary for required subdivision plat. x. Constructed a stormwater pond and realigned the Gardeners Ditch to convey runoff away from the reservoir. xi. Purchased part of the Meyer Property parcel at Welby Reservoir. xii. Denver Water, Adams County, and South Adams County Water and Sanitation District (“South Adams”) signed an Intergovernmental Agreement on July 9, 2013 to abandon a portion of the private drive and construct a new public street dedicated to Adams County. The dedicated street will provide access to the reservoir, to adjacent property owned by Denver Water and South Adams, as well as to property of private land owners. xiii. Denver Water and South Adams signed an Intergovernmental Agreement on April 9, 2014 for the operation of the North and South Complexes and delivery of 5K Water to South Adams. xiv. Denver Water has begun initial design of a water quality mitigation project to replace the existing floating electrical powered reservoir mixers. Installation of the equipment and appurtenant facilities is scheduled for 2018. xv. Denver Water spent approximately $3,700,000 during the last diligence period on the South Reservoir Complex. b. North Reservoir Complex. The following work, undertaken during the diligence period, was necessary to develop the diversion of water to and from the North Reservoir Complex: i. Howe-Haller A and B Reservoirs: A. Constructed the First Creek Drainage Crossing at Howe-Haller A Reservoir site. B. Completed Hydroseeding on the reservoir slopes at Howe-Haller A and Howe-Haller B Reservoirs. C. Acquired a Section 404 Permit through the U.S. Army Corps of Engineers to construct an emergency spillway between Howe-Haller A and First Creek. D. Surveyed slopes and completed as-builts of outlet, inlets and spillway between Howe-Haller A & B. E. Topographic survey of flood damaged reservoir slopes for future design, repair and stabilization of westerly slopes of Howe-Haller A and Howe- Haller B Reservoirs along the South Platte River and the Bull Seep. F. Performed a geotechnical engineering study and developed a final design for the repair of reservoir bank slopes impounding the Howe-Haller A and B Reservoirs. Portions of the slopes for the two reservoirs were damaged by surface water runoff erosion occurring during the regional flooding in 2013 and 2015. G. Conducted a hydraulic and structural engineering analysis for the new spillway/rundown structure at Denver Water’s Howe- Haller Reservoir A that was destroyed in the 2015 floods. H. Completed the South Platte Collection System - North Metro Howe-Haller A and B Reservoirs Flood Repair Project. The project consists of re- grading and reconstructing the reservoir slopes damaged during 2013 and 2015 flooding and constructing a new concrete rundown and spillway structure to pass future flood flows from First Creek safely into Howe-Haller A Reservoir. I. Completed the South Platte Collection System- North Metro Howe-Haller and Hazeltine Reservoirs Property Fencing Project. Denver Water initiated a safety and security protocol at the facility to fence the perimeter of our property. This project completes the property fencing around Howe-Haller A, B, and Hazeltine Reservoirs. The fencing will connect to Adams County fencing on the western border at their open space trail. J. Received notification that the liners for Howe-Haller A and Howe-Haller B continue to meet the State’s standards for lining following repair of the slopes. ii. Dunes Dam and Reservoir: A. Completed the outlet works and interconnect installation at Dunes Reservoir. B. Signed an exclusive easement agreement for the Dunes Outlet Works with South Adams. C. Signed a Crossing Agreement for the Dunes Outlet Works with the Fulton Irrigation Ditch Company. D. Approved the purchase of 6.1 acres of land at the Dunes Reservoir site. The additional land was required to construct a security fence and reservoir outlet conduit. E. Completed inundation mapping for Dunes Dam and Reservoir. F. Received acceptance from State Engineer’s Office for First Fill Plan. G. Completed a water quality modeling study to evaluate potential water quality concerns at the reservoir and evaluate mitigation equipment that could be used to mitigate those concerns. H. Designed water quality mitigation equipment and appurtenant facilities. Construction of equipment is budgeted for the first quarter of 2018. I. Designed and constructed electrical, instrumentation, and controls necessary to operate the reservoir.

23 iii. Hazeltine Reservoir: A. Continued removal of material at Hazeltine. B. Entered into an agreement with Asphalt Specialties Company, Inc. for the Hazeltine Gravel Pit reclamation project. This project includes removal of common fill, site management, dewatering, mining record keeping and foreign material handling. Additional work was completed by the contractor including the removal of 429 cubic yards (CY) of additional material, the removal of approximately 3,000 CY of concrete debris and trash from the north embankment. This allowed for a drainage trench to be constructed to dewater the pit to the final grade of the reservoir floor. C. Completed stabilizing the mining slopes within Hazeltine Reservoir by designing and constructing internal buttress slopes as required by the reclamation plan. D. Designed and constructed the Hazeltine outlet structure. E. Completed the Hazeltine Reservoir Slurry Wall Repair Project. Upon completion of the repair work the State approved the reservoir’s liner as meeting reservoir lining criteria. iv. Tanabe Reservoir: A. Conducted phase 1 environmental site assessment of two vacant parcels adjacent to Tanabe Reservoir. B. Purchased parcels 1 and 2 adjacent to Tanabe Reservoir. C. Completed the Tanabe Reservoir Outlet and Interconnect pipeline. The work includes construction of interconnect conduit by both open cut and trenchless installation, reinforced concrete inlet/outlet structure, pipeline access vault, a building to house controls for regulating flow between Tanabe Reservoir and the Fulton Inlet Pipeline valve vault, and the Hazeltine Pump Station Pipeline which connects the Fulton Inlet Pipeline valve vault to the Hazeltine outlet structure, which returns all water from the North Reservoir Complex to the South Platte River. D. Completed a water quality modeling study to evaluate potential water quality concerns at the reservoir and evaluate mitigation equipment that could be used to mitigate those concerns. E. Designed water quality mitigation equipment and appurtenant facilities. Construction of equipment is budgeted for the first quarter of 2018. F. Designed and constructed electrical, instrumentation, and controls necessary to operate the reservoir. v. Work Generally Related to North Reservoir Complex. A. In 2016, Denver Water and South Adams completed the obligations relating to the construction of the improvements to the Fulton Ditch and enlargement of the Fulton Ditch pursuant to the June 15, 2001 Agreement between Fulton, Denver Water and South Adams. Under the Agreement, Denver Water and South Adams have completed certain improvements to the Fulton Ditch, including reconstruction of the ditch headgate at the South Platte River and lining portions of the ditch, in exchange for a carriage agreement and easement in the Fulton Ditch. The purpose of these improvements is to increase the ditch's carrying capacity, such that Denver Water and South Adams may carry, pursuant to the carriage agreement and easement, non-Fulton water in the ditch from the ditch's headgate to Denver Water's first turnout structure at the North Reservoir Complex between 108th and 115th Avenues. Denver Water and South Adams, together with the City of Thornton, have now completed these improvements to the Fulton Ditch and Fulton has granted carriage rights as contemplated by the Agreement. B. In February 2017, Olsson Associates completed a two-dimensional flood analysis to identify the risk of flood damage at Hazeltine and the Howe Haller Reservoirs. C. In 2017, Burns and McDonnell provided a draft hydraulic engineering analysis of the North Reservoir Complex facilities to inform operating parameters and operational requirements under gravity operations and pumping operations. D. Denver Water spent approximately $29,000,000 during the last diligence period on the North Reservoir Complex. 11. Remarks. A map depicting facilities used to divert and store the 5K Direct Flow Water Right is attached hereto as Exhibit B.12. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. Denver Water is not proposing new diversion or storage structures that do not already exist, nor is Denver Water proposing modifications to any existing diversion or storage structure or the existing North and South Complexes. However, Denver Water is providing notice to the following entities because this application relates to certain structures and property in which the following entities may have a property interest. a. City and County of Denver, Acting by and through its Board of Water Commissioners, 1600 West 12th Avenue, Denver, CO 80204. b. Burlington Ditch, Reservoir and Land Company, 80 South 27th Avenue, Brighton, CO 80601. c. Farmers Reservoir and Irrigation Company, 80 South 27th Avenue, Brighton, CO 80601. d. Wellington Reservoir Company, 80 South 27th Avenue, Brighton, CO 80601. e. Henrylyn Irrigation District, 29490 County Road 14, Keenesburg, CO 80643. f.

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Metro Wastewater Reclamation District, 6450 York Street, Denver, CO 80229. g. South Adams County Water and Sanitation District, 6595 East 70th Avenue, Commerce City, CO 80022.

17CW3159 Michael T. Jagemann & Amy M. Jagemann Revocable Trust, 753 Flintwood Road, Franktown, CO 80116 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, DOUGLAS COUNTY. 37 acres located in the W1/2NW1/4 of Section 9, T8S, R65W of the 6th P.M., Douglas County, as described and shown on Attachment A hereto ("Subject Property"). Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Upper Dawson: 12 acre-feet, Lower Dawson: 7 acre-feet, Denver: 11 acre-feet, Arapahoe: 16 acre-feet, Laramie-Fox Hills: 11 acre-feet. Proposed Use: Domestic, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Groundwater to be augmented: 7 acre-feet per year of Upper Dawson aquifer groundwater as requested herein. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Upper Dawson aquifer water will be used for in house use in seven or more single family residences through individual wells, including existing well Permit No. 119802. Each well will withdraw one acre-foot per year for in house use (0.35 acre-feet), irrigation of 10,000 square feet of lawn, garden, and trees (0.6 acre-feet), and watering of four large domestic animals (0.05 acre-feet). Applicant reserves the right to revise these uses and values, including the number of wells to be used, without having to amend the application or republish the same. Sewage treatment for inhouse 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 Applicant will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Applicant estimates that depletions occur to the Cherry Creek stream system. Return flows accrue to the South Platte River stream system via Cherry Creek, and those return flows 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. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises.(7 pages).

17CW3160 Co-Applicants: Fort Collins – Loveland Water District (“FCLWD”), Attn: Richard T. Raines, P.H., Water Resource Manager, 4700 South College, Fort Collins, CO 80525, [email protected], 970-218-2738; North Weld County Water District (“NWCWD”), Attn: Richard T. Raines, P.H., Water Resource Manager, 32825 County Road 39, Lucerne, CO 80646, [email protected], 970-218-2738; and East Larimer County Water District (“ELCO”), Attn: Richard T. Raines, P.H., Water Resource Manager, 232 South Link Lane, Fort Collins, CO 80524, [email protected], 970-218-2738. APPLICATION FOR CHANGE OF WATER RIGHT in LARIMER and WELD COUNTIES. Summary of Application: Co-Applicants FCLWD, NWCWD and ELCO are collectively referred to herein as the “Tri-Districts”. Please send all future correspondence to and serve all pleadings on Scott E. Holwick, Lyons Gaddis Kahn Hall Jeffers Dworak & Grant, P.C., P.O. Box 978, Longmont, CO 80502-0978. 2. General description of application: The John R. Brown Ditch is a private ditch which has priority of appropriation No. 14 in Water District No. 3, Water Division No. 1 of the State of Colorado (also known as and hereinafter referred to as the “JRB Ditch”). The Tri-Districts collectively own 3.5 c.f.s. of the water right decreed to the JRB Ditch. On April 21, 2008, the Court entered a decree in Case No. 05CW264, in which the Soldier Canyon Filter Plant (which is owned and operated by the Tri-Districts) and the Tri-Districts adjudicated: a change in the types and places of use,

25 including a change of use from direct flow to storage and subsequent beneficial uses, and including alternate points of diversion for 2.05 c.f.s. of the 3.5 c.f.s. decreed to the JRB Ditch which they collectively own. In this application, the Tri-Districts seek to change the types and places of use, including a change of use from direct flow to storage and subsequent beneficial uses, and including alternate points of diversion for the remaining 1.45 c.f.s. decreed to the JRB Ditch which they collectively own. 3. Decreed Water Right for which Changes are Sought: The Tri-Districts seek to change 1.45 c.f.s. of the water right decreed to the John R. Brown Ditch (the “Subject Water Right”). 4. Description of Previous Decrees for the Structure: A. Original adjudication: Decreed by the District Court in Larimer County, Colorado on April 11, 1882 in Civil Action No. 320. i. Decreed point of diversion: on the South side of the Cache la Poudre River at a point in the N1/2 of the SW1/4 of Section 33, Township 8 North, Range 69 West of the 6th P.M., Larimer County, Colorado. ii. Source: Cache la Poudre River. iii. Appropriation date: 5/1/1865. iv. Amount appropriated: 8.0 c.f.s. v. Decreed use: Irrigation. B. Subsequent change decrees: i. On December 19, 1905, in Case No. 1789, the District Court of Larimer County decreed a change in point of diversion for 4.0 c.f.s. out of the 8.0 c.f.s. decreed to the JRB Ditch to the headgate of the City of Fort Collins pipeline. ii. On June 7, 1907, in Case No. 2026, the District Court of Larimer County decreed a change in point of diversion for the remaining 4.0 c.f.s. out of the 8.0 c.f.s. decreed to the JRB Ditch to the headgate of the Larimer County No. 2 Ditch, approximately one mile upstream of the original point of diversion for the JRB Ditch. The headgate of the Larimer County No. 2 Ditch is located on the South side of the Cache la Poudre River approximately one mile above the Town of Laporte in the SW1/4 of Section 29, Township 8 North, Range 69 West, at a place called Point of Rocks. A map showing the location of said changed point of diversion of the JRB Ditch is attached hereto as Figure 1. iii. On March 22, 1921, in Case No. 4244, the District Court of Larimer County decreed a change in point of diversion for 0.5 c.f.s. (out of the 4.0 c.f.s. referenced in ¶ 4(B)(ii), above) decreed to the JRB Ditch to the headgate of the City of Fort Collins pipeline, thus leaving 3.5 c.f.s. of the JRB Ditch decreed to the headgate of the Larimer County No. 2 Ditch. iv. On April 21, 2008, in Case No. 05CW264, the Water Court for Water Division No. 1 decreed a change in the types and places of use, including a change of use from direct flow to storage and subsequent beneficial uses, and including alternate points of diversion for 2.05 c.f.s. of the 3.5 c.f.s. of the JRB Ditch still decreed to the headgate of the Larimer County No. 2 Ditch (as referenced in ¶ 4(B)(ii), above). 5. Location of Historical Use of the Subject Water Right: The Subject Water Right was used to irrigate up to approximately 75 acres of land, the approximate location of which is depicted on Figure 1. A representative summary of historical diversion records for the Larimer County No. 2 Ditch and a representative summary of the calculated diversion records for the JRB Ditch are each attached hereto as Table 1 and Table 2, which collectively are Exhibit A. 6. Proposed Changes: A. Alternate points of diversion: In addition to diverting the Subject Water Right at the currently decreed point of diversion, referenced in ¶ 4(B)(ii), above, the Tri- Districts seek approval to divert the Subject Water Right at the following alternate points of diversion (“APODs”): i. Overland Trail Diversion Structure, with a point of diversion located on the South side of the Cache la Poudre River at a point 2,400 feet West and 1,500 feet North of the Southeast corner of Section 33, Township 8 North, Range 69 West; and ii. Munroe Gravity Canal, a/k/a North Poudre Supply Canal, the headgate of which is located on the East bank of the Cache la Poudre River in the SW1/4 of the NE1/4 of Section 5, Township 8 North, Range 70 West, at a point whence the Southeast corner of said Section 5 bears South 37°27’30” East 3,647.5 feet. Each of the identified alternate points of diversion are located in the 6th P.M., in Larimer County, Colorado and each are depicted on Figure 2. The Tri-Districts will not divert the Subject Water Right at the alternate points of diversion identified in ¶ 6.A., above, unless they first obtain the right to use those structures, if necessary, from the appropriate persons or entities. B. Change in type of use: The Tri-Districts seek approval to add the following uses to the previously decreed irrigation use for the Subject Water Right: all water district uses by the Tri-Districts, either directly or following storage, including but not limited to irrigation, domestic, municipal, commercial, mechanical, industrial, manufacturing, fire protection, sewage treatment, watering of parks, lawns and grounds, recreation, fish culture, maintenance and preservation of wildlife, exchange, augmentation, replacement, adjustment and regulation of the Tri-Districts’ water systems. C. Change in

26 place of use: The Tri-Districts seek approval to use the Subject Water Right in accordance with ¶ 6.B., above, within their respective service areas as those areas now exist or from time to time may be expanded to serve proximate areas and outside of the same pursuant to agreements between the respective districts and others who take water delivery from the districts’ water systems. The three districts’ current service areas are depicted on Figure 3. D. Change to include storage: The Tri-Districts seek approval to store the Subject Water Right prior to subsequent beneficial use, in addition to the existing decreed direct flow use. The Tri-Districts intend to store the Subject Water Right in the following reservoirs, each of which the Tri-Districts currently possess storage rights: i. The Overland Trail Reservoirs, subject of the decree entered on December 6, 2013 in Case No. 00CW251, which will be a series of hydraulically connected, lined gravel pits located in parts of the SE1/4 of Section 32, the S1/2 of Section 33, Township 8 North, Range 69 West, the N1/2 of Section 4, and the E1/2 of the NW1/4, the SW1/4 of the NE1/4, and the NW1/4 of the SE1/4 of Section 3, Township 7 North, Range 69 West; and ii. Horsetooth Reservoir, subject to the contracts entered by and between each of the Tri-Districts and the Northern Colorado Water Conservancy District and the U.S. Bureau of Reclamation for storage of non-project municipal and industrial water supplies, including the Subject Water Right (Contract Nos. 16XX650092-16XX650094), which is located in all or portions of Sections, 5, 6 and 8, Township 6 North, Range 69 West, and of Sections 6, 7, 18, 19, 20, 29, 30, 31 and 32, Township 7 North, Range 69 West, and of the SE1/4 of Section 1, Township 7 North, Range 70 West. (Collectively, “Reservoirs”) Each of the identified of the Reservoirs are located in the 6th P.M., in Larimer County, Colorado and are depicted on Figure 2. The Tri-Districts reserve the right to carry over any portion of the Subject Water Right, as allowed, which may be stored in the Reservoirs. E. Amount to be changed: 1.45 c.f.s. F. Historical return flows: The Tri- Districts will replace historical return flows from the Subject Water Right in time, location, and amount as necessary to prevent injury to other vested and conditional water rights senior to the date of this application with any water rights they have which are physically and legally available to the Tri-Districts. The return flows are hereby re-appropriated by the Tri-Districts for diversion and use as previously stated in this application. G. Plan for operation: The Tri-Districts will divert the Subject Water Right at either the currently decreed point of diversion or at the alternate points of diversion identified in ¶ 6.A, above, for either direct use, or for storage in one or more of the Reservoirs and subsequent use. H. Dominion, control and intent to reuse. NWCWD and ELCO each separately claim all dominion and control of their portions of the Municipal Return Flows after initial use of the Subject Water Right as such return flows were quantified in the decrees entered in Case Nos. 09CW282 and 13CW3141, respectively, and also claim the right to reuse, successively use, and dispose of such return flows by sale, contract, exchange, or otherwise to extinction. I. FCLWD expressly reserves the right to claim all dominion and control of its portion of the any municipal return flows after initial use of the Subject Water Right in a future water court application. 7. Names and Addresses of Owners of the Lands on which the Structures are Located: A. The point of diversion for the Overland Trail Diversion Structure is located on land owned by: (i) the City of Greeley, 1100 10th Street, 3rd Floor, Greeley, CO 80631; (ii) the Fort Collins – Loveland Water District, 5150 Snead, Fort Collins, CO 80525; (iii) the North Weld County Water District, 32825 WCR 39, Lucerne, CO 80646; and (iv) East Larimer County Water District, 232 South Link Lane, Fort Collins, CO 80524. B. The point of diversion for the Munroe Gravity Canal is located on lands owned by the Northern Colorado Water Conservancy District, 220 Water Ave., Berthoud, CO 80513 and by the North Poudre Irrigation Company, P.O. Box 100, Wellington, CO 80549. C. The point of diversion for the Larimer County Canal No. 2 is located on land owned by the James S. Brinks Trust, P.O. Box 710, Laporte, CO 80535 and Harry G. and Michelle R. Nequette, 4009 Green Ridge Drive, Laporte, CO 80535-9351. The structure itself is owned by the Larimer County Canal No. 2 Irrigation Company, whose address is P.O. Box 506, Fort Collins, CO 80522. D. The Overland Trail Reservoirs will be located on lands owned by: (i) Deines Trust, Deines, Maurice L. and Alice J., Trustees, 9205 W. Indian Hills Drive, Sun City, AZ 85351; (ii) the City of Greeley, 1100 10th Street, 3rd Floor, Greeley, CO 80631; (iii) the Fort Collins – Loveland Water District, 5150 Snead, Fort Collins, CO 80525; (iv) the North Weld County Water District, 32825 WCR 39, P.O. Box 56, Lucerne, CO 80646; and (v) East Larimer County Water District, 232 South Link Lane, Fort Collins, CO 80524. E. The Horsetooth

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Reservoir is located on lands owned by the United States of America, Department of Interior, Bureau of Reclamation, Eastern Colorado Area Office, 11056 W. County Road 18E, Loveland, CO 80537-9711.

17CW3161 Town of Castle Rock, Attn: Mark Marlowe, Water Utilities Director, 175 Kellogg Court, Castle Rock, Colorado 80109, (720) 733-6002. Please send all pleadings and correspondence to Applicant’s counsel: Jeffrey J. Kahn, Madoline Wallace-Gross, Lyons Gaddis Kahn Hall Jeffers Dworak & Grant, PC, P.O. Box 978, Longmont, CO 80502-0978, (303) 776-9900. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE CONDITIONAL WATER RIGHTS ABSOLUTE IN DOUGLAS COUNTY 2. Names and descriptions of structures: 2.1. Heckendorf Well No. 1 (CR 78). (This well was originally called CR 14.) 2.1.1. Location: SE1/4 NE1/4, Section 22, T8S, R67W, 6th PM, 1,750 feet from the North section line and 800 feet from the East section line. 2.1.2. Source: Alluvium of East Plum Creek, a tributary of the South Platte River. 2.1.3. Appropriation date: April 12, 1984. 2.1.4. Total decreed amount: 250 g.p.m. 2.1.5. Absolute amount: 120 g.p.m., pursuant to Case No. 09CW179. 2.1.6. Conditional amount: 130 g.p.m., pursuant to Case No. 09CW179. 2.1.7. Claim to make absolute: Not applicable. 2.1.8. Use: All municipal and augmentation uses. 2.1.9. Depth: 70 feet. 2.2. Heckendorf Well No. 2 (CR 79). (This well was originally called CR 15.) 2.2.1. Location: SE1/4 NE1/4, Section 22, T8S, R67W, 6th PM, 2,300 feet from the North section line and 800 feet from the East section line. 2.2.2. Source: Alluvium of East Plum Creek, a tributary of the South Platte River. 2.2.3. Appropriation date: April 12, 1984. 2.2.4. Total decreed amount: 250 g.p.m. 2.2.5. Absolute amount: 56 g.p.m., pursuant to Case No. 09CW179. 2.2.6. Conditional amount: 194 g.p.m., pursuant to Case No. 09CW179. 2.2.7. Claim to make absolute: 62 g.p.m. on April 16, 2013 for an additional 6 g.p.m. absolute for all municipal and augmentation uses. 2.2.8. Use: All municipal and augmentation uses. 2.2.9. Depth: 70 feet. 2.3. Heckendorf Well No. 3 (CR 80). (This well was originally called CR 16.) 2.3.1. Location: NE1/4 SE1/4, Section 22, T8S, R67W, 6th PM, 2,300 feet from the South section line and 800 feet from the East section line. 2.3.2. Source: Alluvium of East Plum Creek, a tributary of the South Platte River. 2.3.3. Appropriation date: April 12, 1984 2.3.4. Total decreed amount: 250 g.p.m. 2.3.5. Absolute amount: 186 g.p.m., pursuant to Case No. 09CW179. 2.3.6. Conditional amount: 64 g.p.m., pursuant to Case No. 09CW179. 2.3.7. Claim to make absolute: Not applicable. 2.3.8. Use: All municipal and augmentation uses. 2.3.9. Depth: 70 feet. 2.4. Appropriative Right of Exchange. 2.4.1. Location: That segment of East Plum Creek from a point in the SW1/4 NW1/4, Section 2, T8S, R67W, 6th PM, where the Castle Rock Wastewater Treatment Plant discharges into East Plum Creek (downstream terminus) to a point in the NE1/4NE1/4 Section 22, T8S, R67W, 6th PM approximately 400 feet from the north section line and 700 feet from the east section line (upstream terminus). 2.4.2. Source: East Plum Creek, tributary to the South Platte River. 2.4.3. Appropriation date: April 12, 1984. 2.4.4. Total decreed amount: 5.7 c.f.s. 2.4.5. Total absolute amount: Not applicable. 2.4.6. Total conditional amount: 5.7 c.f.s. 2.4.7. Claim to make absolute: 0.75 c.f.s. on April 16, 2013 for all municipal and augmentation uses. 3. Previous decrees: The District Court, Water Division No. 1 has entered the following decrees related to these water rights: Case No. 09CW167, entered on October 5, 2011; Case No. 02CW026, entered on November 24, 2003; Case No. 94CW289, entered on February 13, 1996; and Case No. 84CW656, entered on October 15, 1987. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: During the diligence period from October 2011 to October 2017, Applicant spent more than $30 million on various aspects of its integrated water system. Specifically, among other things, Applicant: 4.1. Diverted water in-priority on April 16, 2013 from Well No. CR-79 (Heckendorf Well No. 2) to make an additional 6 g.p.m. of the conditional water right absolute. 4.2. Operated the appropriative right of exchange in-priority April 16, 2013 to make 0.75 c.f.s. of the conditional water right absolute. 4.3. Repaired and/or redrilled existing wells in the South Well Field (fka East Plum Creek Well Field), including Well Nos. CR-78, 79 and 80 (Heckendorf Nos. 1, 2 and 3), at a cost of approximately $2.5 million. 4.4. Designed and constructed the Plum Creek Water Purification Facility on East Plum Creek to treat surface water and ground water under the direct influence of surface water

28 diverted from Plum Creek and its alluvium, including water pumped from Well Nos. CR-78, 79 and 80 (Heckendorf Nos. 1, 2 and 3), at a cost of approximately $15.7 million. 4.5. Began evaluation of expanding the Plum Creek Water Purification Facility to treat Applicant’s reusable water supplies at a cost of approximately $1.3 million. 4.6. Designed and constructed a pipeline from the South Well Field to the Plum Creek Water Purification Facility at a cost of approximately $1.5 million. 4.7. Participated in the Chatfield Storage Reallocation Project at a cost of approximately $2.6 million. 4.8. Designed and constructed wells in the Central (Meadows) Well Field, at a cost of approximately $3.2 million. 4.9. Designed and constructed a pipeline from the Central Well Field to the Plum Creek Water Purification Facility at a cost of approximately $1.5 million. 4.10. Designed, permitted and constructed an aquifer storage and recovery project at a cost of approximately $530,000. 4.11. Designed and reconstructed CR- 1 at a cost of approximately $750,000. 4.12. Conducted legal and engineering work to determine whether to acquire certain senior water rights for use in Applicant’s municipal water system. 4.13. Began and/or continued to adjudicate Water Court applications in Case Nos. 10CW243, 10CW244, 10CW245, 12CW232, 12CW296, 13CW3028, 16CW3102, 16CW3178, 17CW3044 and 17CW3128. 4.14. Began and/or continued to oppose applications that could injure Applicant’s water rights, including these water right, in Case Nos. 04CW292, 04CW293, 05CW270, 09CW262, 09CW275, 09CW279, 10CW261, 10CW263, 11CW18, 11CW180, 11CW215, 12CW75, 14CW3045, 14CW3054, 15CW3016, 15CW3148, 15CW3181, 16CW3112, 16CW3138, and 17CW3122. 5. Owner of land upon which the structures are located: 5.1. Well No. CR-78 (Heckendorf No. 1): Michael and Irene Vander Meulen, PO Box 1077, Castle Rock, CO 80104. 5.2. Well No. CR-79 (Heckendorf No. 2): Sheldon Boone Testamentary Family Trust, PO Box 656, Castle Rock, CO 80104. 5.3. Well No. CR-80 (Heckendorf No. 3): Applicant. WHEREFORE, Applicant respectfully requests the Court enter a decree finding that Applicant has made absolute a portion of the conditional water rights and has maintained diligence on the remaining portion of the conditional water rights described herein.

17CW3162 (2009CW266), City of Greenwood Village, 6060 S. Quebec St. Greenwood Village, Colorado 80111 (Frederick A. Fendel, III, #10476 and Bradford R. Benning, #31946, Petrock & Fendel, 700 17th St., #1800, Denver, CO 80202), APPLICATION TO MAKE ABSOLUTE AND FOR FINDING OF DILIGENCE ON CONDITIONAL WATER RIGHTS in ADAMS, ARAPAHOE, DENVER, DOUGLAS, JEFFERSON AND WELD COUNTIES. 1. Name and mailing address of Applicant: 2. Summary: This Application involves Greenwood Village’s unified water system and integrated project decreed in Case No. 2009CW266 allowing for the storage and use of water in and from the Tommy Davis Park Pond under its 5 acre-feet storage water right (“Pond”) including without limitation through the operation of decreed exchange rights based on six exchange reaches. Greenwood Village seeks to make absolute a portion of the exchange rights and the irrigation use decreed for the Pond. Greenwood Village seeks a finding of reasonable diligence on the remaining conditional amounts of the Pond irrigation use and the exchange rights. 3. Name of Water Rights and Appropriative Rights of Substitution and Exchange Included in this Application: Tommy Davis Park Pond and associated exchange rights to the Pond decreed in Case No. 2009CW266. 4. Description of Conditional Water Rights: 4.1 Tommy Davis Park Pond (Irrigation Use): 4.1.1 Date of Original Decree. October 3, 2011 in Case No. 2009CW266. 4.1.2 Subsequent decrees awarding findings of diligence: N/A. 4.1.3 Legal Description: NW1/4NW1/4 of Section 22, Township 5 South, Range 67 West of the 6th P.M. The center of the dam is located approximately 16 feet from the north section line and 961 feet from the west section line. The center of the pond is located approximately 201 feet from the north section line and 917 feet from the west section line. The location of the Pond is illustrated on the attached Exhibit 1. 4.1.4 Source of Water: A tributary of Goldsmith Gulch, which is a tributary of Cherry Creek, which is a tributary of the South Platte River. 4.1.5 Appropriation Date: January 1, 2007. 4.1.6 Amount: 5 acre-feet and the right to refill with continuous refills. 4.1.7 Uses: recreation (5 acre-feet, absolute), aesthetic (5 acre-feet, absolute), piscatorial (5 acre-feet, absolute), wildlife habitat (5 acre-feet, absolute), storage and the right to refill continuously (5 acre-feet, absolute) and irrigation on 19 acres in part of the S1/2SW1/4 of Section 15, T5S, R67W and the N1/2NW1/4 of Section 22, T5S, R67W of the 6th P.M. (5 acre-feet, conditional). 4.2

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Exchange Rights to the Pond: 4.2.1 Date of Original Decree. October 3, 2011 in Case No. 2009CW266. 4.2.2 Subsequent decrees awarding findings of diligence: N/A. 4.2.3 Sources of Exchange Water: The primary sources of exchange water are water rights perpetually leased from the City and County of Denver (“Denver”) delivered from replacement points described in the 2009CW266 decree. An additional source of exchange water is a nontributary well owned by Greenwood Village, Permit No. 30210-F decreed in Case Nos. W-2978 and 85CW046, that is located in the NE1/4SW1/4 of Section 15, T5S, R67W of the 6th P.M. (“Well”) that could be utilized to release water to Goldsmith Gulch. 4.2.4 Description of Exchange Reach: The exchange rights decreed in Case No. 2009CW266 operate within all or part of the following reach: from Denver’s point of replacement described at or upstream of the proposed Lupton Lakes Reservoir Complex located in the SE1/4SW1/4 of Section 18, T1N, R66W of the 6th P.M. up the South Platte River to the confluence of Cherry Creek in the NE1/4NW1/4 of Section 33, T3S, R68W of the 6th P.M., then up Cherry Creek to the confluence of Goldsmith Gulch in the SW1/4NE1/4 of Section 20, T4S, R67W of the P.M., then up Goldsmith Gulch to the point of depletion on an unnamed tributary of Goldsmith Gulch in the NW1/4NW1/4 of Section 22, T5S, R67W of the 6th P.M.; for water released to the South Platte River from points upstream of its confluence with Cherry Creek, the exchange reach is up Cherry Creek, then up Goldsmith Gulch to the point of depletion on an unnamed tributary of Goldsmith Gulch in the NW1/4NW1/4 of Section 22, T5S, R67W of the 6th P.M. A map showing the locations of the exchange reaches and replacement points is attached as Exhibit 1. 4.2.5 Amounts: Each of the exchange rights involving Denver lease water is decreed for 2.83 c.f.s., which is also a cumulative limit for all of the exchange rights decreed in Case No. 2009CW266. The exchange right involving Greenwood Village’s Well is decreed for 0.45 c.f.s. The exchange right involving the exchange reach from the confluence of Cherry Creek and the South Platte River to the Pond was decreed absolute in Case No. 2009CW266 for 0.19 c.f.s. All other amounts of the exchange rights decreed in Case No. 2009CW266 are conditional. 4.2.6 Appropriation Date: January 1, 2007. 5. Claim to Make Tommy Davis Park Pond Absolute in Part for Irrigation Use: 5.1 Date water applied to decreed beneficial use: During protracted free-river periods from September 16, 2013 through October 21, 2013 and April 17, 2015 through July 28, 2015, Greenwood Village stored 4.73 acre-feet of water in the Pond for the beneficial uses decreed in Case No. 2009CW266. In-priority Pond inflow exceeded 5 acre-feet and 4.73 acre-feet was stored based upon 7.0-foot staff gage readings and the Pond’s stage-capacity relationship. This relationship and these free river periods are shown in the attached Exhibit 2. 5.2 Amount Claimed Absolute for Irrigation Use: 4.73 acre-feet. 5.3 The irrigation use is being made absolute for 4.73 acre-feet of the total 5 acre-feet decreed to the Pond, with 0.27 acre-feet remaining conditional. The irrigation use is being made absolute pursuant to C.R.S. § 37-92-301(4)(e) which states: “A decreed conditional water storage right shall be made absolute for all decreed purposes to the extent of the volume of the appropriation that has been captured, possessed, and controlled at the decreed storage structure.” 6. Claim to Make Absolute in Part the Exchange from the Metropolitan Denver Wastewater Plant, currently known as the Robert W. Hite Treatment Facility (“Hite Plant”). 6.1 Date of Operation of the Exchange Right: On July 9, 2017, 0.05 c.f.s. was released to the South Platte River from the Hite Plant to refill by exchange 0.0858 acre-feet of the Pond lost to evaporation at a rate of 0.04 c.f.s. On July 9, 2017, the call on the South Platte River was downstream of the Hite Plant with the Brantner Ditch bypassing to the Hewes Cook Ditch. This is summarized in the attached Exhibit 3. There was no call on Cherry Creek or Goldsmith Gulch. Therefore, a rate of 0.04 c.f.s. is being made absolute for the exchange right from the Hite Plant to the Pond. 6.2 Amount Claimed Absolute: 0.04 c.f.s. 7. Outline of diligence during the diligence period towards completion of the appropriation and application of water to beneficial use as conditionally decreed. Greenwood Village’s diligence includes without limitation the following: 7.1 Greenwood Village has made annual lease payments to Denver for the exchange water utilized in the exchange rights. 7.2 Greenwood Village has completed accounting for the Pond storage and exchange operations pursuant to the decree in Case No. 2009CW266. 7.3 Greenwood Village utilized its water consultants Bishop-Brogden Associates, Inc. (“BBA”) for operations, monitoring, accounting, and technical expertise related to the Pond and exchange rights. Greenwood Village paid BBA approximately $10,500 for these services. 7.4 Greenwood Village and its consultants BBA regularly communicate with

30 the Colorado Division of Water Resources staff, including the Water District 8 Commissioner, regarding the Pond and exchange operations. 7.5 Greenwood Village consulted its water attorneys Petrock & Fendel, P.C. on operations of the Pond, exchange rights, the Denver lease, and related matters paying approximately $3,000 for legal services. 7.6 Greenwood Village undertook a planning and budgeting process for improvements to the Well and its pumping and distribution systems. 8. To the extent, if any, water is diverted directly or by exchange in priority and pursuant to the 2009CW266 decree for any or all of the conditional rights set forth herein while this case remains pending, Greenwood Village reserves the right and may claim some or all of these conditional rights are absolute without amendment of this Application or publication of notice. 9. Name and address of owner of the land upon which water is or will be stored. The City of Greenwood Village as described in ¶1. (5 pages).

17CW3163 Tala Luna Holdings, LLC, 7076 Inspiration Dr., Parker CO 80138 (Bradford R. Benning, #31946, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, UPPER ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DENVER AQUIFERS DOUGLAS COUNTY. Subject Property: 17.344 acres, generally located in the NW1/4 of Section 11, T6S, R66W of the 6th P.M., Douglas County, as described and shown on Attachment A hereto ("Subject Property"). Source of Water Rights: The Lower Dawson, Upper Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in C.R.S. § 37-90- 103(10.5). The Denver aquifer is not nontributary as described in C.R.S § 37-90-103(10.7). Estimated Annual Amounts (Applicant reserves the right to increase amounts claimed prior to final decree based on additional information that may be obtained): Lower Dawson (NT): 4.61 acre-feet, Denver (NNT): 8.07 acre-feet, Upper Arapahoe (NT): 8.30 acre-feet, Laramie-Fox Hills (NT): 5.72 acre-feet, Proposed Use: Domestic, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to C.R.S. §§ 37-92-302(2) and 37-90-137(6). Description of plan for augmentation: Groundwater to be augmented: Three acre-feet per year of the available Denver aquifer groundwater as requested herein. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Denver Basin aquifer water will be used for commercial, irrigation, in-house, stockwatering, and fire protection. Applicant reserves the right to revise these uses without having to amend the Application or republish the same. Sewage treatment for the commercial and in-house uses will be provided by a non-evaporative septic system and return flow from the commercial and in-house uses will be approximately 90% of those uses. Return flows from irrigation will be approximately 15% of that use, respectively. During pumping, Applicant will replace 4% of depletions to the affected stream system pursuant to C.R.S. § 37-90-137(9)(c.5). Applicant estimates that depletions occur to the Cherry Creek stream system. Return flows accrue to the South Platte River stream systems, and those return flows are sufficient to replace 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. WHEREFORE, Applicant prays that this Court enter a Decree: Granting the application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; Specifically determining that: Applicant has complied with C.R.S. § 37-90-137(4) and water is legally available for withdrawal; Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater and the plan for augmentation proposed herein; FURTHER, Applicant prays that this Court grant such other relief as seems proper in the premises.

17CW3164 Loveland Ready-Mix Concrete, Inc., 644 Namaqua Road, PO Box 299, Loveland, CO 80539, through their attorneys: Petrock & Fendel, P.C., Matthew S. Poznanovic, Atty. Reg. #29990, 700

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Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN WELD AND LARIMER COUNTIES. 2. Decree Information: Originally decreed in Case No. 09CW105 on October 20, 2011. The period of diligence which is the subject of this application is from the date of decree in Case No. 09CW105. 3. Name of Structures/Conditional Water Rights: 3.1 Walters Reservoir No. 1 3.2 Walters Reservoir No. 2 3.3 Bokelman Reservoir No. 1 3.4 Walters Pits 3.5 Green and Croissant Pits 4. Description of Conditional Water Rights for the Walters Reservoir Nos. 1 and 2 and Bokelman Reservoir (“Reservoirs”) from decree in Case No. 09CW105: 4.1 Appropriation Date: December 18, 2007. 4.2 Source: Big Thompson River and water tributary to reservoirs. 4.3 Legal Description: 4.3.1 Walters Reservoir No. 1 shall be located in the NE1/4SW1/4 of Section 24, T5N, R68W, 6th P.M., Larimer County as shown on Exhibit B. The approximate center of the reservoir is located 2083 feet from the south section line and 2034 feet from the west section line. 4.3.2 Walters Reservoir No. 2 shall be located in the NW1/4SE1/4 of Section 24, T5N, R68W, 6th P.M., Larimer County as shown on Exhibit B. The approximate center of the reservoir is located 1651 feet from the south section line, and 1967 feet from the east section line. 4.3.3 Bokelman Reservoir No. 1 shall be located in the E1/2SE1/4 of Section 24, T5N, R68W, 6th P.M., Larimer County as shown on Exhibit B. The approximate center of the reservoir is located 910 feet from the south section line, and 790 feet from the east section line. 4.4 Amount: 4.4.1 Walters Reservoir No. 1: 480 acre-feet (conditional). 4.4.2 Walters Reservoir No. 2: 160 acre-feet (conditional). 4.4.3 Bokelman Reservoir No. 1: 345 acre-feet (conditional). 4.4.4 Rate of diversion: 50 cfs. 4.5 Size of Reservoirs: 4.5.1 Maximum Height and Length of Dams in Feet: These will be lined gravel pit reservoirs so no dam will be built. 4.5.2 Surface Area: 4.5.2.1 Walters Reservoir No. 1: approximately 25.2 acres. 4.5.2.2 Walters Reservoir No. 2: approximately 8.7 acres. 4.5.2.3 Bokelman Reservoir No. 1: approximately 17.1 acres. 4.6 Total Capacity of Reservoirs: 4.6.1. Walters Reservoir No. 1: 480 acre-feet active/0 acre-feet dead storage. 4.6.2 Walters Reservoir No. 2: 160 acre-feet active/0 acre-feet dead storage. 4.6.3 Bokelman Reservoir No. 1: 345 acre-feet active/0 acre-feet dead storage. 4.7 Points of diversion for all reservoirs: 4.7.1 Diversion Point No. 1 shall be located in the NW1/4SE1/4, Section 24, T5N, R68W, 6th PM, Larimer County, Colorado, at a point approximately 2241 feet from the south section line and approximately 1814 feet from the east section line. 4.7.2 Diversion Point No. 2 shall be located within the SE1/4, Section 24, T5N, R68W, 6th PM, Larimer County, Colorado. 4.7.3 Water tributary to the reservoirs may also be used to fill the reservoirs. 4.7.4 Each of these points serve as an alternate point of diversion for the other and up to 50 cfs cumulative may be diverted from either or both points of diversion. 4.8 Uses: industrial, commercial, reclamation, domestic, piscatorial, fishing, fish culture and propagation, stock watering, wildlife, aesthetic, recreation, irrigation, fire protection, all uses associated with gravel and rock mining including evaporation, dust suppression and production and processing losses, directly, after storage, by exchange or by augmentation, replacement and as a source of substitute supply. The water rights will be used, in part, to replace evaporation from exposed groundwater at these and other sites identified in the Case No. 09CW105 decree. The water may be fully consumed either by first use, successive use or disposition. 4.8.1 Irrigation Use: Up to 100 acres within the Walters and Bokelman Pits site located in the SW1/4 of the NE1/4, the SE1/4, and the E1/2SW1/4, Section 24, T5N, R68W, 6th P.M., Larimer County, Colorado, and the Green and Croissant Pits site located in the NW1/4 and the W1/2 of the NE1/4 of Section 30, T5N, R67W, 6th P.M., Weld County, Colorado as shown on Exhibit A. Irrigation use may be made directly or following storage, or by augmentation of out of priority depletions resulting from one or more separate diversions made for irrigation use. 4.8.2 Domestic and commercial uses will occur at the Walters and Bokelman Pits site, and the Green Pits site. Domestic and commercial uses may be made directly or following storage, or by augmentation of out of priority depletions resulting from one or more separate diversions made for domestic and commercial uses. 4.8.3 Industrial, reclamation, piscatorial, fishing, fish culture and propagation, stock watering, wildlife, aesthetic, recreation, fire protection, all uses associated with gravel and rock mining including evaporation, dust suppression and production and processing losses, directly, after storage, or by augmentation of out of priority depletions resulting from one or more separate diversions for these uses, will occur at the Walters and Bokelman Pits site and the Green and Croissant

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Pits site, and such uses may occur by augmentation of out of priority depletions resulting from one or more separate diversions for these uses at the Dunn site located in the NE1/4 of Section 3, T4N, R67W and the SW1/4 of the SE1/4 of Section 34, T5N , R67W, 6th P.M., Weld County, Colorado as shown on Exhibit A. 5. Description of Conditional Water Rights for the Green and Croissant Pits and Walters Pits (“Gravel Pits”) from decree in Case No. 09CW105: 5.1 Appropriation Dates: 5.1.1 Walters Pits: December 18, 2007. 5.1.2 Green and Croissant Pits: November 30, 2002. 5.2 Source: Ground water tributary to the Big Thompson River. 5.3 Legal Description: 5.3.1 Walters Pits: includes lands located within the exterior boundary of DRMS Permit No. M-2006-080 at the Walters and Bokelman Pits site located in the SW1/4 of the NE1/4, the SE1/4, and the E1/2SW1/4, Section 24, T5N, R68W, 6th P.M., Larimer County, Colorado as shown on Exhibit B, but excluding Walters Reservoir Nos. 1 and 2 and Bokelman Reservoir No. 1 once liners are approved. Upon completion of mining at the Walters and Bokelman Pits site, the final number of unlined pits at this site may be more than the currently planned one unlined gravel pit but the total exposed surface area for the unlined Walters Pits and Green and Croissant Pits shall not exceed a total exposed area of 58.7 acres. 5.3.2 Green and Croissant Pits: includes lands located within the exterior boundary of DRMS Permit No. M-2001-022 at the Green and Croissant Pits site located in the NW1/4 and the W1/2 of the NE1/4 of Section 30, T5N, R67W, 6th P.M., Weld County, Colorado, as shown on Exhibit B. Upon completion of mining at this site, the final number of unlined pits at the Green and Croissant Pits site may be more or less than the currently planned eight unlined gravel pits but the total exposed surface area for the unlined Walters Pits and Green and Croissant Pits shall not exceed a total exposed area of 58.7 acres. 5.4 Uses: reclamation, piscatorial, recreation, fish propagation and all uses associated with gravel and rock mining, including evaporation, dust suppression and production and processing losses, as well as replacement of evaporation from exposed ground water at the sites. After completion of mining at the sites, Applicant will continue to use its processing plant to process material mined from other properties. 5.5 Amounts: 5.5.1 Mining and processing of mining products, concrete production, and dust suppression: 5.5.1.1 Walters Pits: 35 acre-feet per year. 5.5.1.2 Green and Croissant Pits: 35 acre-feet per year. 5.5.1.3 The cumulative amount for mining and processing of mining products, concrete production and dust suppression uses made at the Walters Pits and the Green and Croissant Pits shall not exceed 35 acre-feet per year. 5.5.2 Reclamation and replacement of evaporative depletions: 5.5.2.1 Walters Pits: 145 acre-feet per year. 5.5.2.2 Green and Croissant Pits: 145 acre-feet per year. 5.5.2.3 The cumulative amount of use for reclamation and replacement of evaporative depletions made at the Walters Pits and the Green and Croissant Pits shall not exceed 145 acre-feet per year. APPLICATION FOR FINDING OF REASONABLE DILIGENCE 6. This Application for Finding of Reasonable Diligence is filed in a timely manner pursuant to the Water Right Determination and Administration Act of 1969, Sec. 37-92-302, C.R.S. 7. During this diligence period, in continuing the development of the conditional water rights, Applicant has been engaged in the legal defense and protection of said water rights and has been diligent in the continued use and development of the water rights involved, including expenditures for legal, consulting, engineering, design, and construction work. These activities include, but are not limited to, the following: 7.1 Applicant completed the reservoir liners for Walters Reservoirs Nos. 1 and 2, which were approved by the Division Engineer by letter dated March 30, 2017. 7.2 Applicant’s consultant, Telesto Solutions, commenced a 90 day leak test, and prepared and submitted an engineering report to the State Engineer to support approval of the slurry wall liner for Walters Reservoirs Nos. 1 and 2, and installed a rain gauge at the Walters monitoring station in the lateral off the Walters Primary headgate which takes deliveries of water from the Hillsborough Ditch, at a cost of approximately $14,506.00. 7.3 Applicant’s consultant, Bishop-Brogden Associates, Inc., prepared and filed a well permit application and supporting engineering report for Green and Croissant Pits. at a cost of approximately $1,550.00. 7.4 State Engineer issued a well permit for the Green and Croissant Pits and Walters and Bokelman Pits. 7.5 Applicant’s consultant, Aden, Inc., moved the Bokelman lateral headgate for the Bokelman Reservoir No. 1 to a new location, and installed 12” parshall flumes, concrete head walls, trenching, stilling wells and outlet boxes at the Bokelman Headgate and Walters Primary Headgate used to deliver water from the Hillsborough Ditch to Bokelman Reservoir No. 1 and Walters Reservoir Nos. 1 and 2 at a cost of approximately $25,173.00.

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7.6 Applicant’s consultant, Flowmation, Inc., installed augmentation stations used to measure water delivered from the Hillsborough Ditch into Bokelman Reservoir No. 1, including the Sutron SDR Colorado package shaft encoder, data loggers, and software for data collection and recording at a cost of approximately $25,472.00. 7.7 Applicant obtained water commissioner approval of the measuring devices located at both Walters Primary Headgate and Bokelman Headgate. 7.8 Applicant continued to mine the Green and Croissant Pits site and the Walters and Bokelman Pits Site identified in the Case No. 09CW105 decree. 7.9 Applicant prepared daily augmentation accounting, and monthly reports submitted to the Office of the Division Engineer. 7.10 During the diligence period, legal counsel for Applicant has reviewed the resume of applications as published by the Water Clerk for Water Division 1 and advised Applicant whether Statements of Opposition need to be filed to protect the water rights. 7.11 Protection of water rights by opposition to a water court application for change of water rights and augmentation plan at a cost of at least $4,800.00. 7.12 The work and expenditures listed above are illustrative and not exhaustive. Additional work and additional or revised expenditures may be claimed in support of this application. 8. Name and address of the owner or reputed owner of the land upon which any new diversion or storage structure or modification to any existing diversion or storage structure is or will be constructed, or upon which water is or will be stored, including any modification to the existing storage pool. Not applicable. Applicant does not seek a new diversion or storage structure, or modification of an existing diversion or storage structure. Applicant is the owner of land upon which storage structures for the Reservoir water rights are decreed to be located. WHEREFORE, Applicant requests that this Court enter a decree finding that Applicant has exercised reasonable diligence in the development of the conditional water rights, continuing the conditional water rights, and for such other and further relief as this Court deems just and proper in the premises. (11 pages).

17CW3165 Central Colorado Water Conservancy District, Ground Water Management Subdistrict of the Central Colorado Water Conservancy District and the Well Augmentation Subdistrict of the Central Colorado Water Conservancy District, 3209 W. 28th Street, Greeley, CO 80634; (970) 330- 4540. Collectively, the district and two subdistricts are referred to herein as “Central” or “Applicant.” Where reference is made to the subdistricts, the Ground Water Management Subdistrict is referred to as “GMS” and the Well Augmentation Subdistrict is referred to as “WAS.” Please send correspondence and pleadings to: David P. Jones, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534, Phone: (970) 622-8181; [email protected]. CONCERNING THE APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE IN PART, in Broomfield, Denver, Boulder, Jefferson, Douglas, Weld, Morgan, Larimer, Adams, and Arapahoe Counties. 2. Description of Water Rights from Previous Decree dated October 7, 2011. RECHARGE PROJECTS AND NEW CONDITIONAL RECHARGE WATER RIGHTS 2.1. Bee Line Ditch and Big Thompson & Platte River Ditch Recharge Project and New Conditional Recharge Water Right. 2.1.1. Points of Diversion: 2.1.1.1. Headgate of the Bee Line Ditch: On the Little Thompson River in the NW1/4 SW1/4 NE1/4 of Section 10, Township 4 North, Range 67 West of the 6th P.M. 2.1.1.2. Headgate of the Big Thompson & Platte River Ditch: On the Big Thompson River in the SW1/4 NE1/4 NE1/4 Section 4, Township 4 North, Range 67 West, 6th P.M. 2.2. Sources: The Little Thompson River and Big Thompson River. 2.3. Diversion Rate and Volume: 2.3.1. 40 c.f.s, conditional at the headgate of the Bee Line Ditch. Diversions shall be measured at the location indicated on the table in ¶24 of the original decree, the approximate location of which is shown on Figure 1 of the original decree. 2.3.2. 40 c.f.s., conditional at the headgate of the Big Thompson & Platte River Ditch. Diversions shall be measured at the location indicated on the table in ¶24 of the original decree, the approximate location of which is shown on Figure 1 of the original decree. 2.3.3. Combined diversions under the new recharge water right described in ¶9 of the original decree at the headgate of the Bee Line Ditch and the headgate of the Big Thompson & Platte River Ditch, shall not exceed 40 c.f.s. and 1000 acre-feet in any water year. 2.4. Date of Appropriation: December 30, 2005. 3. Evans No. 2 Ditch Recharge Project and New Conditional Recharge Water Right. 3.1. Point of Diversion: Combined headgate of the Platte Valley Canal and Evans 34

No. 2 Ditch: SE1/4 NW1/4 NE1/4 Section 19, Township 2 North, Range 66 West of the 6th P.M. The ditch bifurcates and the Evans No. 2 Ditch continues from a point in the SW1/4 NW1/4 Section 9, Township 3 North, Range 66 West of the 6th P.M. 3.2. Source: South Platte River. 3.3. Diversion Rate and Volume: 125 c.f.s., conditional at the headgate of the Platte Valley Canal, not to exceed 25,000 acre-feet in any water year. Diversions shall be measured at the location indicated on the table in ¶24 of the original Decree, the approximate location of which is shown on Figure 2 to the original Decree. 3.4. Date of Appropriation: December 30, 2005. 4. Farmers Independent Ditch Recharge Project and New Conditional Recharge Water Right. 4.1. Previous decrees: A recharge water right was previously decreed by Applicant GMS in Case No. 85CW370, Water Div. 1 on March 29, 1989; with diligence decrees entered in Case No. 95CW77 on July 25, 1996 and in Case No. 02CW146 on November 3, 2003. Nothing herein amends the terms of the previous decrees entered in Case Nos. 85CW370, 95CW77, and 02CW146. 4.2. Point of Diversion: 4.2.1. Headgate of the Farmers Independent Ditch: SW1/4 of Section 19, Township 3 North, Range 66 West of the 6th P.M, Weld County, Colorado. 4.3. Source: South Platte River. 4.4. Diversion Rate and Volume: 4.4.1. 130 c.f.s., conditional at the headgate of the Farmers Independent Ditch. 4.4.2. The volume diverted shall not exceed 25,000 acre-feet in any water year. Diversions shall be measured at the location indicated on the table in ¶24 of the original decree, the approximate location of which is shown on Figure 3A of the original decree. 4.5. Date of Appropriation: December 30, 2005 5. Greeley No. 3 Ditch Recharge Project and New Conditional Recharge Water Right. 5.1. Point of Diversion: Headgate of the Greeley No. 3 Ditch in the NE1/4 of the NW1/4 of the SE1/4 of Section 32, Township 6 North, Range 66 West of the 6th P.M. 5.2. Source: Cache La Poudre River. 5.3. Diversion Rate and Volume: 40 c.f.s., conditional at the headgate of the Greeley No. 3 Ditch, not to exceed 7500 acre-feet in any water year. Diversions shall be measured at the location indicated on the table in ¶24 of the original decree, the approximate location of which is shown on Figure 4 of the original decree. 5.4. Date of Appropriation: December 30, 2005. 6. Highland aka Plumb Ditch Recharge Project and New Conditional Recharge Water Right. 6.1. Point of Diversion: Headgate of the Highland aka Plumb Ditch located in the SW1/4 of the NW1/4 of Section 13, Township 5 North, Range 65 West of the 6th P.M. 6.2. Source: South Platte River. 6.3. Diversion Rate and Volume: 10 c.f.s., conditional at the headgate of the Highland aka Plumb Ditch, not to exceed 500 acre-feet in any water year. Diversions shall be measured at the location indicated on the table in ¶24 of the original decree, the approximate location of which is shown on Figure 5 of the original decree. 6.4. Date of Appropriation: December 30, 2005. 7. Jones Ditch Recharge Project. and New Conditional Recharge Water Right. 7.1. Point of Diversion: Headgate of the Jones Ditch located in the NW1/4 of the SW1/4 of the SE1/4 of Section 36, Township 6 North, Range 67 West of the 6th P.M. 7.2. Source: Cache La Poudre River. 7.3. Diversion Rate and Volume: 10 c.f.s., conditional at the headgate of the Jones Ditch, not to exceed 200 acre-feet in any water year. Diversions shall be measured at the location indicated on the table in ¶24 of the original decree, the approximate location of which is shown on Figure 6 of the original decree. 7.4. Date of Appropriation: December 30, 2005. 8. Lupton Bottom Ditch Recharge Project and New Conditional Recharge Water Right. 8.1. Previous decrees: A recharge project was previously decreed by Applicant GMSD in Case No. 94CW199, Water Div. 1 on December 16, 1996; with a diligence decree entered in Case No. 02CW318 on November 3, 2003, for a total of 100 c.f.s., 22.15 which is absolute and 77.85 which is conditional. Nothing herein amends the terms of the decrees entered in Case Nos. 94CW199 and Case No. 02CW318. 8.2. Point of Diversion: Headgate of the Lupton Bottom Ditch: Section 19, Township 1 North, Range 66 West, 6th P.M., on the west bank of the South Platte River in the NW1/4 NW1/4 SW1/4 of said section. 8.3. Source: South Platte River. 8.4. Diversion Rate and Volume: 100 c.f.s., conditional at the Lupton Bottom Ditch headgate, not to exceed 20,000 acre-feet in any water year. Diversions shall be measured at the location indicated on the table in ¶24 of the original decree, the approximate location of which is shown on Figure 7 of the original decree. 8.5. Date of Appropriation: December 30, 2005. 9. Orchard Recharge Project and New Conditional Recharge Water Right. 9.1. Points of Diversion: 9.1.1. Headgate of the Jackson Reservoir Inlet Canal: The NE1/4 of the SW1/4 of the SE1/4 of Section 18, Township 4 North, Range 61 West of the 6th P.M. 9.1.2. Orchard Recharge Well Field: Six wells located in Section 13, Township 4 North, Range 61 West of the 6th P.M. The specific locations

35 of the wells are described in the table and ¶16.1.3 of the original decree. The wells shall be operated in Location 1/4 1/4 S Distance from WDID Permit No. Name T R section lines NE SW 13 4N 1405 from West 0109935 63833F CCWCD ORCH Pump 1 61W 1690 from South NE SW 13 4N 1645 from West 0109938 63932F CCWCD ORCH Pump 2 61W 1690 from South NE SW 13 4N 1920 from West 0109936 63834F CCWCD ORCH Pump 3 61W 1710 from South NE SW 13 4N 2505 from West 0110134 61337F OWW Well No. 4 61W 1730 from South NW SE 13 4N 1890 from East 0109937 63835F CCWCD ORCH Pump 5 61W 1550 from South accordance with ¶32 of the original decree. 9.1.3. Well Permit No. 61336-F: Located in the NE1/4 SW1/4 of Section 13, Township 4 North, Range 61 West, 6th P.M. 9.2. Source: South Platte River. 9.3. Diversion Rates and Volume: 9.3.1. Jackson Reservoir Inlet Canal: 50 c.f.s., conditional. Diversions shall be measured at the location indicated on the table in ¶24 of the original decree, the approximate location of which is shown on Figure 8 of the original decree. 9.3.2. Orchard Recharge Well Field: 23.38 cfs, absolute, and 21.62 c.f.s., conditional. Diversions shall be measured at the totalizing flow meter for each well, as indicated in ¶32.2 of the original decree, the approximate locations of which are shown on Figure 8 of the original decree. 9.3.3. Well Permit No. 61336-F: 5000 gpm, conditional. 9.3.4. Combined diversions under the new recharge water right described in this ¶[9] at the headgate of the Jackson Reservoir Inlet Canal and the Orchard Recharge Well Field shall not exceed 10,000 acre-feet in any water year. 9.4. Dates of Appropriation: 9.4.1. Jackson Reservoir Inlet Canal: December, 30, 2005. 9.4.2. Orchard Recharge Well Field, including Well Permit No. 61336-F: December 30, 2005. 10. Rural Ditch Recharge Project and New Conditional Recharge Water Right. 10.1. Point of Diversion: The Rural Ditch headgate is located on Boulder Creek in the SE1/4 of the SW1/4 of the NE1/4 of Section 20, Township 2 North, Range 68 West of the 6th P.M. 10.2. Source: Boulder Creek. 10.3. Diversion Rate and Volume: 50 c.f.s., conditional, not to exceed 2000 acre-feet in any water year. Diversions shall be measured at the location indicated on the table in ¶24 of the original decree, the approximate location of which is shown on Figure 9 of the original decree. 10.4. Date of Appropriation: December 30, 2005. 11. Slate Ditch Recharge Project and New Conditional Recharge Water Right. 11.1. Point of diversion: Headgate of the Slate Ditch: SW1/4 NE1/4 SW1/4 Section 35, Township 2 North, Range 67 West of the 6th P.M. 11.2. Source: Little Dry Creek. 11.3. Diversion Rate and Volume: 10 c.f.s., conditional at the headgate of the Slate Ditch, not to exceed 600 acre-feet in any water year. Diversions shall be measured at the location indicated on the table in ¶24 of the original decree, the approximate location of which is shown on Figure 10 of the original decree. 11.4. Appropriation date: November 17, 2009. 12. Western Mutual (aka Hewes and Cook) Recharge Project and Conditional Water Right. 12.1. Information from previous decree: A recharge water right was previously decreed by Applicant GMS in Case No. 87CW304, Water Div. 1 on June 21, 1991. Nothing herein amends the terms of decree entered in Case No. 87CW304. 12.2. Point of Diversion: 12.2.1. The Western Mutual Ditch (aka Hewes and Cook Ditch) headgate is located in the Southeast Quarter of the Southwest Quarter of Section 11, Township 3 North, Range 67 West of the 6th P.M. Weld County, Colorado. 12.3. Source: South Platte River. 12.4. Diversion Rate and Volume: 12.4.1. 130 c.f.s., conditional at the headgate of the Western Mutual Ditch. Diversions shall be measured at the location indicated on the table in ¶24 of the original decree, the approximate location of which is shown on Figure 11A of the original decree. 12.4.2. The volume diverted shall not exceed 25,000 acre-feet in any water year. 12.5. Date of Appropriation. December 30, 2005. 13. Use: The Recharge Water Rights listed above are decreed for the following uses within Central’s boundaries as they exist now or as they may exist in the future, subject to ¶75 of the original Decree: augmentation and replacement of depletions and

36 replacement of historical return flows associated with augmentation and use of wells used for irrigation, commercial, industrial, recreation, municipal, domestic, piscatorial, wildlife habitat, gravel washing, dust suppression and reclamation purposes. Applicant may use the recharge accretions as a source of augmentation and replacement water in the GMS Plan decreed in Case No. 02CW335 and the WAS Plan decreed in Case Nos. 03CW99/03CW177 provided such recharge accretions are added to those plans in accordance with the terms of the decrees for those plans. The recharge accretions may be used in other plans for augmentation in a manner consistent with the original Decree including but not limited to ¶30 thereof, and with the decrees, or the substitute water supply plans approved by the state engineer under C.R.S. § 37-92-308, or successor statutes, governing such plan. Such recharge accretions may be reused and successively used to extinction for the uses described in this paragraph, either directly or after exchange, by delivery to the recharge projects identified in ¶¶ 2-12 or by diversion at the exchange-to locations identified in ¶18 below. AUGMENTATION WELL WATER RIGHTS 14. Name of Structure: McCarthy Well WDID 0207167, Well Permit No. 66881-F 14.1. Location: SW1/4 SW1/4 of Section 6, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado. 14.2. Source: South Platte River alluvium 14.3. Appropriation Date: February 2, 2007 14.4. Amount: 750 gpm, conditional 14.5. Use: Augmentation and replacement of depletions from wells used under the GMS Plan and the WAS Plan, or any other decreed augmentation plan obtained by Applicant, for irrigation, commercial, industrial, recreation, municipal, domestic, piscatorial, wildlife habitat, gravel washing, dust suppression and reclamation. 15. Name of Structure: McCarthy Well WDID 0207166, Well Permit No. 66882-F 15.1. Location: SW1/4 SW1/4 of Section 6, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado. 15.2. Source: South Platte River alluvium 15.3. Appropriation Date: February 2, 2007 15.4. Amount: 925 gpm, conditional 15.5. Use: Augmentation and replacement of depletions from wells used under the GMS Plan and the WAS Plan, or any other decreed augmentation plan obtained by Applicant, for irrigation, commercial, industrial, recreation, municipal, domestic, piscatorial, wildlife habitat, gravel washing, dust suppression and reclamation. CONDITIONAL AND ABSOLUTE APPROPRIATIVE RIGHTS OF EXCHANGE 16. Locations of Exchange Rights. The Exchange Rights are generally located on the South Platte River from a downstream point at the headgate of the Upper Platte & Beaver Canal to an upstream point at Chatfield Reservoir. The Exchange Rights also include certain portions of Little Dry Creek, St. Vrain Creek, Godding Hollow, Mayfield Hollow, Boulder Creek, the Big Thompson River, the Little Thompson River, Ashcroft Draw, and the Cache La Poudre River. A matrix illustrating the specific Exchange Rights including the exchange-from and exchange-to points and maximum flow rates is attached as Exhibit 2 to the original Decree. The exchange-from points and exchange-to points and substitute supplies are described in more detail in the succeeding paragraphs. 17.1 Exchange From Locations: 17.1. The downstream ends of administrative reaches F, D, C, B, and A, in the GMS Plan decreed in Case No 02CW335 located as follows, all of the 6th P.M.: 17.1.1 Reach F: River headgate of the Jay Thomas Ditch, located in the SW1/4 of the NE1/4 of the NW1/4 of Section 11, Township 3 North, Range 67 West. 17.1.2. Reach D: Confluence of Beebe Seep Canal and the South Platte River. 17.1.3. Reach C: River headgate of the Lower Latham Ditch, located in the NE1/4 of the NW1/4 of the NE1/4 of Section 31, Township 5 North, Range 65 West. 17.1.4. Reach B: Riverside Inlet, located in the SW1/4 of the SW1/4 of the SW1/4 of Section 20, Township 5 North, Range 63 West. 17.1.5. Reach A: River headgate of the Upper Platte & Beaver Canal, located in the NW1/4 of the NE1/4 of the NE1/4 of Section 35, Township 4 North, Range 58 West. 17.2. The downstream ends of administrative reaches F1, F2, F3, D, A1, A2, C1, and C2 in the WAS Plan decreed in consolidated Cases Nos. 03CW99/03CW177, located as follows, all of the 6th P.M.: 17.2.1. Reach F1: River headgate of the Fulton Ditch, located in the NE1/4 of the NE1/4 of the SE1/4 of Section 17, Township 2 South, Range 67 West. 17.2.2. Reach F2: River headgate of the Platteville Irrigating and Milling Ditch, located in the NW1/4 of the NW1/4 of the SE1/4 of Section 31, Township 2 North, Range 66 West. 17.2.3. Reach F3: River headgate of the Western Mutual Ditch, located in the SE1/4 of the SW1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M. Weld County, Colorado. 17.2.4. Reach D: Confluence of the Beebe Seep Canal and the South Platte River. 17.2.5. Reach C1: River headgate of the Union Ditch, located in the SE1/4 of the SW1/4 of the NE1/4 of Section 18, Township 4 North, Range 66 West. 17.2.6.

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Reach C2: River headgate of the Lower Latham Ditch, located in the NE1/4 of the NW1/4 of the NE1/4 of Section 31, Township 5 North, Range 65 West. 17.2.7. Reach A1: River headgate of the Fort Morgan Canal, located in the NE1/4 SE1/4 Section 31, Township 5 North, Range 59 West. 17.2.8. Reach A2: River headgate of the Upper Platte & Beaver Canal, located in the NW1/4 of the NE1/4 of the NE1/4 of Section 35, Township 4 North, Range 58 West. 17.3. The confluences of the South Platte River with the Cache La Poudre River, the St. Vrain River, Beebe Draw, Ashcroft Draw, Little Dry Creek, and the Big Thompson River, and the confluence of the St. Vrain River and Boulder Creek. 17.4. Stream delivery points for releases from the following Reservoirs: 17.4.1. Koenig Reservoir: 17.4.1.1. Meadow Island Outlet. Water is released to the Meadow Island #1 Ditch where it is released to Little Dry Creek and delivered to the South Platte River at the confluence of the South Platte River and Little Dry Creek. 17.4.1.2. Koenig Reservoir Outlet. Water is released via closed pipe directly to the South Platte River at a location on the west bank of the South Platte River downstream of the Platte Valley Irrigation Canal’s river headgate and upstream of the Meadow Island No. 2 Ditch’s river headgate approximately 550 feet East and 1250 feet North of the Southwest Corner of Section 18, Township 2 North, Range 66 West of the 6th P.M. 17.4.2. Shores Reservoir: 17.4.2.1. Rural Ditch Outlet. Water is released to the Godding Hollow which flows into the Rural Ditch where it is delivered to the St. Vrain Creek at a location in the NW1/4 SE1/4 of Section 36, Township 3 North, Range 68 West of the 6th P.M. 17.4.2.2. Shores Outlet via Tri-Town Drainage. Water is released to the Tri-Town Drainage which flows into the Rural Ditch, where it is then delivered to the St. Vrain Creek at a location in the NW1/4 of the SE1/4 of Section 36, Township 3 North, Range 68 West of the 6th P.M. 17.4.3. Bernhardt Reservoir: Water is released to the Big Thompson River in the SE1/4 of Section 1, Township 4 North, Range 67 West of 6th P.M. 17.4.4. Nissen Reservoir: 17.4.4.1. Nissen Outlet. Water is released from the Reservoir via closed pipe directly to the South Platte River in the SW1/4 of the SW1/4 of the NE1/4 of Section 12, Township 5 North, Range 67 West of 6th P.M. 17.4.4.2. Plumb Ditch Outlet. Water is released from the Reservoir to the Plumb Ditch where it is subsequently delivered through an augmentation station to a slough just east of Weld County Road 51 in Section 8. Water delivered into the slough is delivered to the South Platte River in the NE1/4 of the NE1/4 of the SE1/4 of said Section 8, Township 5 North, Range 64 West of 6th P.M. Transit losses in the slough, if any, shall be determined consistent with paragraph 50.3 17.4.5. Jo Dee Reservoir: Water is released to La Poudre Reservoir where it is released directly to the Cache La Poudre River at a location above the Whitney Ditch headgate in the NE1/4 of the SW1/4 of Section 19, Township 6 North, Range 67 West of 6th P.M. 17.4.6. La Poudre Reservoir: Water is released directly to the Cache La Poudre River at a location above the Whitney Ditch headgate in the NE1/4 of the SW1/4 of Section 19, Township 6 North, Range 67 West of 6th P.M. 17.4.7. Siebring Reservoir: Water is released directly to the Cache La Poudre River at a location in the SW1/4 of the NE1/4 of Section 31, Township 6 North, Range 66 West of 6th P.M. 17.4.8. 83rd Avenue Reservoir: Water is released to Siebring Reservoir where it is released directly to the Cache La Poudre River at a location in the SW1/4 of the NE1/4 of Section 31, Township 6 North Range 66 West of 6th P.M. 17.5. Metro Wastewater Reclamation District’s Robert W. Hite Treatment Facility Outfall, which discharges to the South Platte River in the SE1/4, SW1/4, SW1/4 of Section 1, Township 3 South, Range 68 West of the 6th P.M. 18. Exchange To Locations: 18.1. The points of diversion for all recharge projects described in ¶¶2-12, above . 18.2. Chatfield Reservoir: The Chatfield Dam is located on the main stem of the South Platte River; the right abutment of which is located in Douglas County, Colorado, in Sections 6 and 7, Township 6 South, Range 68 West, of the 6th P.M.; and the left abutment of which is located in Jefferson County, Colorado, in Section 1, Township 6 South, Range 69 West of the 6th P.M. The reservoir formed by said dam is located in all or portions of Sections 1, 2, 11, 12, 13, 14, and 23, Township 6 South, Range 69 West of the 6th P.M. and in all or portions of Sections 6, 7, 17, 18, 19, and 20, Township 6 South, Range 68 West of the 6th P.M. 18.3. Union Reservoir through Oligarchy Ditch: Water is diverted at the SE1/4 of the NE1/4 of Section 27, Township 3 North, Range 70 West of the 6th P.M. and may be delivered to Union Reservoir through the ditch. 18.4. Koenig Reservoir: 18.4.1. Lupton Bottom Ditch. Headgate located on the west bank of the South Platte River in the NW1/4 of the NW1/4 of the SW1/4 of Section 19, Township 1 North, Range 66 West of the 6th P.M. 18.4.2. Pump Station. Located on the west bank of the South Platte River in the

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NW1/4 of the SW1/4 of Section 18, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado at a point 3800 feet south and 500 feet east of the NW corner of said Section 18. 18.4.3. The Meadow Island No. 1 Ditch. Headgate located on the northwest bank of the South Platte River in the Northwest 1/4 of the SW1/4 of Section 19, Township 2 North, Range 66 West of the 6th P.M. 18.5. Shores Reservoir: 18.5.1. Rural Ditch. Headgate located on Boulder Creek in the Northeast 1/4 of Section 20, Township 2 North, Range 68 West of the 6th P.M. 18.5.2. Godding Ditch aka the Highland South Side Ditch. Headgate located on Boulder Creek in the NE1/4 NW1/4 SW1/4 of Section 21, Township 2 North, Range 68 West of the 6th P.M. 18.5.3. Godding Hollow which originates in the NW1/4 and the SE1/4 of Section 15, Township 1 North, Range 68 West of the 6th P.M. and flows north into Shores Reservoir. 18.5.4. Mayfield Hollow which originates in the W1/2 of Section 19, Township 2 North, Range 67 West of the 6th P.M. and flows north into Shores Reservoir. 18.6. Bernhardt Reservoir 18.6.1. Bee Line Ditch. Headgate located on the Big Thompson River in the NW1/4 SW1/4 NE1/4 of Section 10, Township 4 North, Range 67 West of the 6th P.M. 18.6.2. Big Thompson & Platte River Ditch. Headgate located on the Big Thompson River in the SW1/4 NE1/4 NE1/4 of Section 4, Township 4 North, Range 67 West of the 6th P.M. 18.6.3. Bernhardt Pump Station. Located on the Big Thompson River in the South ½ of Section 1, Township 4 North, Range 67 West of the 6th P.M. 18.7. Nissen Reservoir: 18.7.1. Plumb Ditch. Headgate located in the SW1/4 NW1/4 of Section 13, Township 5 North, Range 65 West of the 6th P.M. 18.7.2. Nissen Pump Station. Located in the SE1/4 and the E1/2 SW1/4 of Section 12, Township 5 North, Range 65 West of the 6th P.M. 18.8. Jo Dee Reservoir. 18.8.1. JoDee Infiltration Gallery. Located on the Cache La Poudre River in the SW1/4 of the NE1/4 of Section 24, Township 6 North, Range 68 West of the 6th P.M., 1400 feet South of the North section line and 2000 feet West of the East section line. 18.8.2. JoDee Inlet Pipe No. 1. Location: in the NW1/4 of the SE1/4 of Section 24, Township 6 North, Range 68 West of the 6th P.M., 2800 feet South of the North section line and 1600 feet West of the East Section line. 18.8.3. JoDee Inlet Pipe No. 2. Location: in the SE1/4 of the NW1/4 of Section 24, Township 6 North, Range 68 West of the 6th P.M., 1600 feet South of the North section line and 3600 feet West of the East Section line. 18.8.4. JoDee Inlet Pipe No. 3. Location: in the NE1/4 of the NW1/4 of Section 24, Township 6 North, Range 68 West of the 6th P.M., 800 feet South of the North section line and 3900 feet West of the East Section line. 18.8.5. Box Elder Ditch. Headgate located on the Cache La Poudre River in the SW1/4 of the SE1/4 of the NE1/4 of Section 20, Township 7 North, Range 68 West of the 6th P.M., 2500 feet South of the North section line and 1000 feet West of the East section line. 18.9. La Poudre Reservoir. La Poudre Pump Location: in the NE1/4 of the SW1/4 of Section 19, Township 6 North, Range 67 West of the 6th P.M. 18.10. Siebring Reservoir. 18.10.1 Pump station located on the Cache La Poudre River in the SW1/4 of the NE1/4 of Section 31, Township 6 North, Range 66 West of the 6th P.M. 18.10.2. William R. Jones Ditch. Headgate located on the Cache La Poudre River in the NE1/4 of the NW1/4 of the SW1/4, Section 36, Township 6 North, Range 67 West of the 6th P.M. 18.11. 83rd Avenue Reservoir. 18.11.1. Pump station located on the Cache La Poudre River in the SW1/4 of the NE1/4 of Section 31, Township 6 North, Range 66 West of the 6th P.M. 18.11.2. William R. Jones Ditch. Headgate located on the Cache La Poudre River in the SE1/4 of the NW1/4 of the SW1/4 of Section 36, Township 6 North, Range 67 West of the 6th P.M. 19. Sources of Substitute Supply: The sources of substitute supply for the Exchange Rights are (1) all of the water rights and water supplies listed on Exhibit 1 of the original Decree, and (2) recharge accretions generated from the Recharge Water Rights listed in ¶¶2-12, above. 20. Rates and Volumes of Exchange Rights. The Exchange Rights and the maximum exchange rate for each Exchange Right are shown in the matrix attached as Exhibit 2 to the original Decree. The amounts were decreed as conditional except for certain exchanges made partially absolute by virtue of their operation. The absolute exchange rights are described in ¶47 of the original Decree. 21. Dates of Appropriation: All exchanges have an appropriation date of December 30, 2005 except for the exchange to the headgate of the Slate Ditch on Little Dry Creek as described in ¶18.1 and ¶43.1 of the original Decree, which has an appropriation date of November 17, 2009, and except for any exchange involving the following substitute supplies which have an appropriation date of December 7, 2009: 21.1. The water rights changed in Case No. 07CW6; 21.2. Fully consumable effluent leased from the City of Aurora; 21.3. Direct flow water rights in the Brighton Ditch, leased from the City of Aurora;

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21.4. Fully consumable effluent leased from the City of Longmont; 21.5. Windy Gap fully consumable effluent leased from the City of Longmont; 21.6. Direct flow water rights in the Godfrey Bottom Ditch, leased from the Town of Evans; 21.7. Direct flow water rights in the Brighton Ditch; Lupton Bottom Ditch, and Lupton Meadow Ditch, changed in Case No. 05CW290, leased from the City and County of Broomfield; 21.8. Water Supply and Storage Company reusable transmountain return flows leased from the City of Thornton. 22. Absolute Exchange Rights. Several exchanges have been made absolute by operation of the exchanges, diversion of water, and placement to beneficial use, on the following dates and in the following amounts: 22.1. Exchange From Point: Downstream end of Reach F. Exchange To Point: River headgate of the Farmers Independent Ditch. Amount: 18.0 cfs. Date: March, 2009. 22.2. Exchange From Point: Downstream end of Reach F. Exchange To Point: River headgate of the Western Mutual Ditch. Amount: 15.0 cfs. Date: March, 2009. 22.3. Exchange From Point: Downstream end of Reach F. Exchange To Point: River headgate of the Lupton Bottom Ditch. Amount: 6.0 cfs. Date: April, 2009. 22.4. Exchange From Point: Confluence of the South Platte River and the Cache La Poudre River. Exchange To Point: River headgate of the Jones Ditch for delivery into Siebring Reservoir. Amount: 20.68 cfs. Date: October, 2008. 22.5. Exchange From Point: Downstream end of Reach A. Exchange To Point: Orchard Well Field. Amount: 23.83 cfs. Date: April, 2009. 23. Use of Exchange Rights. The following uses within Central’s boundaries as they exist now or as they may exist in the future, subject to ¶75 of the original Decree: augmentation and replacement of depletions and replacement of historical return flows associated with augmentation and use of wells used for irrigation, commercial, industrial, recreation, municipal, domestic, piscatorial, wildlife habitat, gravel washing, dust suppression and reclamation purposes. Applicant may use the recharge accretions from diversions by exchange as a source of augmentation and replacement water in the GMS Plan and the WAS Plan provided such recharge accretions are added to those plans in accordance with the terms of the decrees for those plans. The recharge accretions may be used in other plans for augmentation in a manner consistent with this Decree including but not limited to ¶30 of the original decree, and with the decrees, or the substitute water supply plans approved by the state engineer under C.R.S. § 37-92-308, or successor statutes, governing such plan. The water diverted under the Exchange Rights and any recharge accretions from diversions by exchange thereunder may be reused and successively used to extinction for the uses described in this paragraph, either directly or after exchange, by delivery to the recharge projects identified in ¶¶ 2-12 or by diversion at the exchange-to locations identified in ¶18 above. 24. Place of Use. The place of use for the water claimed for the appropriative rights of exchange shall be any place within Central’s boundaries as they exist now or in the future subject to ¶75 of the original decree. 25. Outline of Work Performed Towards Completion of the Appropriations. 25.1. Summary. During the diligence period, Central has diverted some of the Recharge Water Rights in priority and has delivered water to recharge in the Recharge projects listed in ¶¶ 2-12 above, and has diverted water by exchange under the Exchange Rights listed in ¶¶16-21 above. Central has entered into easement agreements and constructed recharge ponds and has added those recharge ponds to several of the recharge projects listed in ¶¶ 2-12 above under the procedures for adding such structures provided for under the Decree. Central has entered into carriage agreements with the owners of the ditches listed in ¶¶ 2-12, and/or has made payments to such owners for carriage of water in those ditches. Central has filed notices of diversion of additional sources of recharge water under the procedures for adding such sources provided for under the Decree. 25.2. Work on Integrated System. The water rights listed herein are part of Centrals integrated system of water rights. Central has operated and developed its integrated system during the diligence period, including its Plans for Augmentation decreed in Case Nos. 02CW335 and 03CW99, and has retained legal counsel and engineering consultants to assist in such operation and development. Central had filed and prosecuted applications for the addition and removal of wells to and from these Plans. Central has acquired water rights represented by shares in various ditch companies and has prosecuted applications changing those water rights for use by Central in its Plans. Central has acquired various gravel pits and made capital improvements for storage of water. Central has appropriated new water rights and has leased water rights on a temporary basis for use in its Plans. Central has participated as an opposer in numerous water court applications to protect its water rights. Central has prosecuted water

40 court applications to perfect its water rights as absolute and/or to maintain its conditionally decreed rights which are listed as sources of supply for the Exchange Rights listed in ¶¶16-21 above. Central has expended more than $65,000,000 towards the operation and development of the water rights decreed herein and its integrated system during the diligence period. 26. Claim to Make Water Rights Absolute in Part. 26.1. Central seeks to make the following recharge projects absolute in the amounts noted below. 26.1.1. Bee Line Ditch and Big Thompson & Platte River Ditch Recharge Project. Amount: 73.6 af.; 3.39 c.f.s. 26.1.2. Evans No.2 Ditch Recharge Project. Amount: 771.6 af.; 20.07 c.f.s. 26.1.3. Jones Ditch Recharge Project. Amount: 74.1 af.; 6.00 c.f.s. 26.1.3. Orchard Recharge Project. Amount: 5690.2 af.; 38.66 c.f.s. (Note: 23.3 c.f.s. was made absolute under the original decree. With this application, Central seeks to make an additional 15.36 c.f.s. absolute.) 26.2. Central seeks to make the following Exchange Rights absolute in the amounts set forth in the table below: Exchange from Exchange to Amount (cfs) End of GMS Reach B Rural Ditch 4.5 End of GMS Reach E Rural Ditch .7 End of WAS Reach C2 Rural Ditch 2.96 End of WAS A1 Rural Ditch 1.34 End of GMS Reach C Western Mutual Ditch 7.4 End of WAS Reach C2 Western Mutual Ditch 4.0 End of GMS Reach B Western Mutual Ditch 4.48 End of WAS A1 Western Mutual Ditch 1.84 End of WAS Reach A2 Western Mutual Ditch .2 End of GMS Reach F Evans No. 2 Ditch 3.78 End of GMS Reach C Evans No. 2 Ditch 1.0 27. Claim for a Finding of Reasonable Diligence. Central seeks a finding that it has been reasonably diligent in the development of the conditional water rights described herein, and to maintain the conditional portion of the rights for an additional six years. The original format of this application is eighteen (18) pages in length.

17CW3166 (2009CW23, 98CW436) THE CITY AND COUNTY OF BROOMFIELD, c/o Director of Public Works, One DesCombes Drive, Broomfield, Colorado 80020, (303) 438-6348, [email protected]. Harvey W. Curtis, Esq., Harvey W. Curtis & Associates, 8310 South Valley Highway, Suite 230, Englewood, Colorado 80112, (303) 292-1144, [email protected]. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN BROOMFIELD, ADAMS AND WELD COUNTIES. 2. Names of structures: 2.a. Broomfield Discharge Diversion Point. 2.b. Broomfield Big Dry Creek Diversion Point. 2.c. Broomfield South Platte-Big Dry Creek Exchange. 3. Prior Decrees for the Conditional Water Rights. 3.a. Date of Original Decree: February 20, 2003, Case No. 98CW436, in the District Court, Water Division No. 1, State of Colorado. 3.b. Subsequent Decree Awarding Findings of Diligence: October 19, 2011, Case No. 2009CW23, in the District Court, Water Division No. 1, State of Colorado. 4. Describe conditional water rights giving the following from the Judgment and Decree: 4.a. Broomfield Discharge Diversion Point. 4.a.(1) Location: Located in the City and County of Broomfield, State of Colorado, commencing at the center of Section 32, Township 1 South, Range 68 West of the Sixth Principal Meridian, whence the East one-quarter corner of said Section 32 bears South 89º46’32" East a distance of 2,646.68 feet, said line forming the basis of bearings for this description, thence South 69º09’23" East, a distance of 1,006.42 feet to the Broomfield Discharge Diversion Point, whence said East one-quarter corner bears North 78º28’47" East, a distance of 1,741.17 feet. A plat of said point is attached hereto as Exhibit A. 4.a.(2) Source: Effluent from the City of Broomfield Wastewater Reclamation Facility, tributary to Big Dry Creek, a tributary of the South Platte River. 4.a.(3) Appropriation Date: October 7, 1998. 4.a.(4) Decreed Amount: 5.0 c.f.s., of which 3.09 c.f.s. was made absolute by the decree in Case No. 2009CW23. The remaining 1.91 c.f.s.

41 conditional amount is the subject of this application. 4.a.(5) Decreed Use: All municipal purposes, including irrigation, lake level maintenance, domestic, industrial, commercial, fire protection, stockwatering, recreation, piscatorial, storage and all other municipal purposes. The water will also be used for exchange, for replacement, and for augmentation purposes. Applicant has the right to use, reuse, successively use and dispose of, by sale, exchange or otherwise, to extinction all water lawfully diverted and/or impounded pursuant to the decree in Case No. 98CW436. 4.a.(6) Name and address of apparent owner of land on which the diversion point is located: Applicant, the City and County of Broomfield. 4.b. Broomfield Big Dry Creek Diversion Point. 4.b.(1) Location: Located in the County of Adams, State of Colorado, commencing at the Center of Section 32, Township 1 South, Range 68 West of the Sixth Principal Meridian, whence the East one-quarter corner of said Section 32 bears South 89º46’32" East a distance of 2,646.68 feet, said line forming the basis of bearings for this description, thence South 70º46’39" East, a distance of 1,020.11 feet to the Broomfield Big Dry Creek Diversion Point, whence said East one-quarter corner bears North 79º03’25" East, a distance of 1,714.60 feet. A plat of said point is attached hereto as Exhibit B. 4.b.(2) Source: Big Dry Creek. 4.b.(3) Appropriation Date: October 7, 1998. 4.b.(4) Decreed Amount: 5.0 c.f.s. conditional. 4.b.(5) Decreed Use: All municipal purposes, including irrigation, lake level maintenance, domestic, industrial, commercial, fire protection, stockwatering, recreation, piscatorial, storage and all other municipal purposes. The water will also be used for exchange, for replacement, and for augmentation purposes. Applicant has the right to use, reuse, successively use and dispose of, by sale, exchange or otherwise, to extinction all water lawfully diverted and/or impounded pursuant to the decree in Case No. 98CW436. 4.b.(6) Name and address of apparent owner of land on which the diversion point is located: City of Westminster, 4800 West 92nd Avenue, Westminster, Colorado 80030. 4.c. Broomfield South Platte River-Big Dry Creek Exchange. 4.c.(1) Name, location and source of diversion points (“exchange-to points”) at which water will be diverted and/or stored by exchange: Broomfield Discharge Diversion Point and Broomfield Big Dry Creek Diversion Point, described in paragraphs 4.a and 4.b, respectively, above. 4.c.(2) Sources of substitute supply: Effluent and/or other sources of replacement water approved by the Division Engineer. 4.c.(3) Point at which the City and County of Broomfield shall make substitute supplies available to allow diversion by exchange at the points set forth in paragraph 4.c.(1)., above: The confluence of Big Dry Creek and the South Platte River, described as follows: commencing at the Northwest Corner of Section 7, Township 1 North, Range 66 West of the Sixth Principal Meridian, County of Weld, State of Colorado, whence the West one-quarter corner of said Section 7 bears South 00º00’00" East a distance of 2,639.16 feet, said line forming the basis of bearings for this description, thence South 72º54’39" East, a distance of 660.98 feet to the Confluence of Big Dry Creek and the South Platte River, whence said West one- quarter corner bears South 14º29’20" West, a distance of 2,525.23 feet. A plat of said point is attached hereto as Exhibit C. 4.c.(4) Appropriation Date: October 7, 1998. 4.c.(5) Amount: 10.0 c.f.s. conditional. 4.c.(6) Uses: All municipal purposes, including irrigation, lake level maintenance, domestic, industrial, commercial, fire protection, stockwatering, recreation, piscatorial, storage and all other municipal purposes. The water will also be used for exchange, for replacement, and for augmentation purposes. Applicant has the right to use, reuse, successively use and dispose of, by sale, exchange or otherwise, to extinction all water lawfully diverted and/or impounded pursuant to the decree in Case No. 98CW436. 5. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: 5.a. During the diligence period, beginning on November 1, 2011, the City and County of Broomfield has spent in excess of $3,000,000 on its water reclamation project of which the subject water rights are a part: 5.a.(1) Assessments, repair and maintenance of reuse pumps, lines and tanks, repair and replacement of meters, repair and maintenance at the reuse plant, water rights purchases, and work on Broomfield’s Non-Potable Master Plan.: $1,055,296.00. 5.a.(2) Heit Pit Inlet/Outlet lines, wellfield, and associated payments: $529,035.00. 5.a.(3) Engineering: $1,013,875.16. 5.a.(4) Legal: $441,129.47. 5.a.(5) Total: $3,039,335.63. 5.b. During the diligence period, Applicant obtained a decree for a plan of augmentation using the subject conditional water rights as a source of substitute supply in Case No. 2009CW96, entered by the Water Court for Water Division No. 1 on November 23, 2011. 5.c. During the

42 diligence period, Applicant obtained two decrees for findings of diligence for conditional appropriative rights of substitution and exchange using the subject conditional water right as a source of substitute supply: 5.c.(1) Applicant’s decree in Case No. 2015CW3070 was entered by the Water Court for Water Division No. 1 on July 29, 2016, finding diligence for the conditional water rights decreed in Case No. 2004CW310. 5.c.(2) Applicant’s decree in Case No. 2016CW3086 was entered by the Water Court for Water Division No. 1 on December 14, 2016, finding diligence for the conditional water rights decreed in Case No. 2006CW288. 5.d. During the diligence period, Applicant participated as an objector in numerous water court applications for the protection of the subject conditional water right. 6. Claim to Make Absolute: n/a. 7. Terms and Conditions: All terms and conditions shall continue to apply to the above-described water rights as set forth in the decree in Case No. 98CW436. WHEREFORE, Applicant requests that diligence be found for the Broomfield Discharge Diversion, Broomfield Big Dry Creek Diversion Point, and for the South Platte River - Big Dry Creek Exchange, and that said water rights be continued in full force and effect until the due date of the next diligence filing herein. Additional Information. Number of pages of Application: 9 pages, including 3 pages of exhibits.

17CW3167 (2010CW296, 02CW239, 95CW058, 88CW009, 81CW463) THE CITY AND COUNTY OF BROOMFIELD, c/o Director of Public Works, One DesCombes Drive, Broomfield, Colorado 80020, (303) 438-6348, [email protected]. Harvey W. Curtis, Esq., Harvey W. Curtis & Associates, 8310 South Valley Highway, Suite 230, Englewood, Colorado 80112, (303) 292-1144, hcurtis@curtis- law.com. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN BROOMFIELD AND JEFFERSON COUNTIES. 2. Name of Structure: Great Western Reservoir, Broomfield Enlargement. 3. Description of the Conditional Water Right. 3.a. Date of Original Decree: February 23, 1984, Case No. 81CW463, the District Court for Water Division No. 1, State of Colorado. 3.b. Subsequent Decrees Awarding Findings of Diligence: 3.b.(1) On March 9, 1989, nunc pro tunc January 17, 1989, the District Court for Water Division No. 1 entered the decree in Case No. 88CW009, granting the application to make 736 acre-feet of water absolute and continuing the remaining 25,264 acre-feet of the conditional water right in full force and effect until January 31, 1992. The period for showing reasonable diligence was extended to January 31, 1994, by an Order entered March 6, 1991. The period of reasonable diligence was further extended to March 31, 1995 by an Order entered November 10, 1993. 3.b.(2) On October 8, 1996, the Court entered the decree in Case No. 95CW058, granting the application to have 25,264 acre-feet of water continued as a conditional water storage right. 3.b.(3) On December 7, 2004, the Court entered the decree in Case No. 02CW239, granting the application to have 25,264 acre-feet of water continued as a conditional water storage right. 3.b.(4) On October 18, 2011, the Court entered the decree in Case No. 2010CW296, granting the application to have 25,264 acre-feet of water continued as a conditional water storage right. 3.c. Legal Description: Great Western Reservoir, as enlarged, will be located generally in the North 1/2 of Section 7, and the South 1/2 of Section 6, Township 2 South, Range 69 West of the 6th P.M. The legal description of elevation control line, Great Western Reservoir, new dam wing for Broomfield Enlargement is more particularly described as follows: Commencing at the Southwest corner of Section 5, Township 2 South, Range 69 West of the 6th P.M.; thence South 13º55'10" West, 862.81 feet to a point; said point being a cross-cut on the top of the Great Western Reservoir spillway (elevation = 5,608.85 feet U.S.G.S.) and also the True Point of Beginning; thence North 14º59'06" West the following 3 courses and distances: 1,473.66 feet to a point on a knoll (elevation = 5,678.29 feet); 916.17 feet to a low point (elevation = 5,637.68 feet); 975.92 feet to a point of terminus (elevation = 5,608.00 feet). 3.c.(1) Distance from section lines to the True Point of Beginning described in Paragraph 3.c, above: 834 feet South from the North section line and 200 feet West from the East section line of Section 7, Township 2 South, Range 69 West of the 6th P.M. 3.c.(2) Map: A U.S.G.S. map showing the location of the proposed dam is attached as Exhibit A hereto, hereby incorporated. 3.d. Source of Water: Clear Creek, a tributary of the South Platte River. 3.e. Appropriation Date: March 25, 1981. 3.f. Amount of Water: 25,264 acre-feet remaining conditional of the 26,000 acre-feet decreed in Case No. 81CW463. 3.g. Decreed Uses of Water: Use in the Broomfield municipal water supply system as it now or may hereafter exist by the City and County of Broomfield, or those users to whom it provides

43 water for beneficial uses including municipal, domestic, commercial, irrigation, industrial, recreation, piscatorial, exchange, replacement, plans of augmentation and irrigation of city parks and open space. 3.h. Dam Description and Capacity: 3.h.(1) Maximum height of the dam: 133.0 feet; 3.h.(2) Length of proposed dam: 7,000.0 feet; 3.h.(3) Total capacity of reservoir: 26,000.0 acre-feet; 3.h.(4) Capacity of reservoir from bottom of outlet tube to lowest point on spillway: 25,560 acre-feet; 3.h.(5) Capacity of reservoir from the bottom of the outlet to the lowest point in the reservoir: 440.0 acre-feet; 3.h.(6) Present capacity of Great Western Reservoir: approximately 3,250 acre-feet. 3.i. Name and capacity decreed in Case No. 81CW463 of the Ditch leading to or supplying water to the reservoir: Golden City Ralston Creek and Church Ditch, commonly known as the Church Ditch, at the rate of 50 c.f.s. from Clear Creek. 3.j. Land Ownership: Applicant owns the land on which the proposed dam will be constructed. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures. 4.a. Great Western Reservoir is a component of Broomfield’s reclamation system, which pumps water from Great Western Reservoir to irrigation of parks, open spaces, and recreation facilities throughout Broomfield. During the diligence period, beginning on November 1, 2011, the City and County of Broomfield has spent in excess of $3,000,000 on its water reclamation project of which the subject water right is a part: 4.a.(1) Assessments, repair and maintenance of reuse pumps, lines and tanks, repair and replacement of meters, repair and maintenance at the reuse plant, water rights purchases, and work on Broomfield’s Non-Potable Master Plan.: $1,055,296.00. 4.a.(2) Heit Pit Inlet/Outlet lines, wellfield, and associated payments: $529,035.00. 4.a.(3) Engineering: $1,013,875.16. 4.a.(4) Legal: $441,129.47. 4.a.(5) Total: $3,039,335.63. 4.b. During the diligence period, Applicant obtained a decree for a plan of augmentation using the subject conditional water right as a source of substitute supply in Case No. 2009CW96, entered by the Water Court for Water Division No. 1 on November 23, 2011. 4.c. During the diligence period, Applicant obtained two decrees for findings of diligence for conditional appropriative rights of substitution and exchange using the subject conditional water right as a source of substitute supply: 4.c.(1) Applicant’s decree in Case No. 2015CW3070 was entered by the Water Court for Water Division No. 1 on July 29, 2016, finding diligence for the conditional water rights decreed in Case No. 2004CW310. 4.c.(2) Applicant’s decree in Case No. 2016CW3086 was entered by the Water Court for Water Division No. 1 on December 14, 2016, finding diligence for the conditional water rights decreed in Case No. 2006CW288. 4.d. During the diligence period, Applicant participated as an objector in numerous water court applications for the protection of the subject conditional water right. 5. Claim to Make Absolute: n/a. WHEREFORE, Applicant requests that the remaining 25,264 acre-feet of the conditional water storage right decreed to the Great Western Reservoir, Broomfield Enlargement, be continued in full force and effect until the due date of the next diligence filing herein. Additional Information. Number of pages of Application: 7 pages, including 1 page of exhibits.

17CW3168, (W-6355-72 & 87CW200) Mountain Water and Sanitation District, 12365 Highway 285, Conifer, Colorado 80433. (c/o David C. Lindholm, Esq., P.O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR AMENDMENT OF DECREES APPROVING WATER RIGHTS, CHANGE OF WATER RIGHTS, A PLAN FOR AUGMENTATION, INCLUDING EXCHANGE AND PLAN OF SUBSTITUTION. IN JEFFERSON AND PARK COUNTIES. 2. Description of Decrees for which Amendment is being Requested: A. Dates Decrees Entered: September 22, 1983 and June 7, 1990. B. Case Nos. W-6355-72 and 87CW200. C. District Court for Water Division 1. D. The Decrees entered in Case Nos. W-6355-72 and 87CW200 (“existing augmentation plan”), approved a plan for augmentation for a municipal water and wastewater system covering approximately 600 acres in portions of Sections 28, 29 and 33, Township 6 South, Range 71 West, 6th P.M., Jefferson County. The service area is in the Gooseberry Gulch and Elk Creek drainage basins. The primary sources of augmentation and replacement water are 0.322 cubic feet per second (“cfs”), of the water rights decreed to the Guiraud Ditch (referred to herein as the "Guiraud 3T Ditch Water Right"), which yields 7.0 acre feet of consumptive use water per year, and 95.5 shares of capital stock in the Mountain Mutual Reservoir Company (“MMRC”), representing 3.0 acre feet of storage water to be released from Spinney Mountain

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Reservoir and the Lower Sacramento Creek Reservoir No. 1 each year. Reference is made to the Decrees entered in Case Nos. W-6355-72 and 87CW200 for a more detailed description of the existing augmentation plan. 3. Proposed Amendment to the Existing Augmentation Plan. a. The Mountain Water and Sanitation District ("MWSD"), service area is located at an elevation of approximately 9,000 feet. Development consists of single-family and multi-family homes, a convenience store and a shopping center. Historically, water usage by customers has been limited to residential in-house use and in- building commercial use. Wastewater from in-building uses is treated using a mechanical type wastewater treatment plant. Treated effluent is discharged to an arm of Gooseberry Gulch at a point in the NE 1/4 NW 1/4 of Section 33, Township 6 South, Range 71 West, 6th P.M. The Decree in Case No. W-6355-72 assumed that in-building water usage could be as high as 150.6 acre feet per year at build-out, and that an additional 7.81 acre feet per year would be required to supply the needs of a commercial ski area in Park County that is no longer part of the District. An evaluation of customer water usage records over a thirty-five year period and the limited potential for future growth in the number of customers has demonstrated that the original water projections were too high. In actuality, water usage and consumption has been a fraction of the initial projection. b. In light of the disparity in the volume of augmentation water available to MWSD and the volume currently being used, MWSD desires to amend the original augmentation plan so that its customers can use water outside their residences and buildings. Customers will be allowed to irrigate limited areas of grasses, flowers and vegetables, maintain water levels in hot tubs and water features, conduct car washing and the power washing of windows, buildings and decks, and fill their recreational vehicles. c. The following criteria will be used to determine consumption from outside water usage. Consumption of grass at the elevation of MWSD's service area is 1.0 acre-foot per irrigated acre, with an application rate of 1.25 acre-feet per irrigated acre. Consumption of flowers and gardens is 0.4 of an acre foot per irrigated acre, with an application rate of 0.5 of an acre foot per irrigated acre. The consumptive use for irrigation operations was determined using the SCS TR-21 modification to the Blaney Criddle consumptive use method with the Pochop elevation adjustment and the Evergreen turf adjustment, as outlined in a report prepared by Blatchley Associates, Inc., which is titled "Turf Irrigation in Mountainous Areas of Evergreen, Colorado." Evaporation losses from hot tubs average 4.46 gallons per day of operation. Evaporation losses from seasonal water features is 3,300 gallons per year. The volume of water used for car washing, the power washing of windows, building and decks and filling recreational vehicles will be assumed to be a constant 0.5 of an acre foot per year, all of which is consumed. d. Depletions attributable to water usage by MWSD will continue to be augmented during the period May through September, inclusive, by leaving the above referenced Guiraud 3T Ditch Water Right in the stream. During times when the Guiraud 3T Ditch Water Right is not in priority and during the months of October through April, inclusive, depletions will continue to be augmented by releasing water from Spinney Mountain Reservoir, or alternatively the Lower Sacramento Creek Reservoir No. 1. With respect to releases made from Spinney Mountain Reservoir, MMRC and the Division Engineer, or his designated representative, shall provide the City of Aurora, operator of Spinney Mountain Reservoir, with at least 24 hours prior notice during regular working hours, Monday through Friday, of the required time and amount of such releases. e. The maximum volume of depletions associated with water usage by MWSD's customers, including any applicable stream transportation charges computed on the basis of 0.13 percent per mile, will not exceed 10.0 acre feet per year. f. The previously approved exchanges and plan of substitution involving the upstream movement of water on the North Fork of the South Platte River, Elk Creek and Gooseberry Gulch will continue to be operated. Any time that MWSD's augmentation water supplies cannot be delivered to the point of depletion, water will be released from the Kings Valley Reservoir No. 1 located in the SE 1/4 SW 1/4 of Section 28, Township 6 South, Range 71 West, 6th P.M. Due to the small volume of annual stream depletions projected to occur under this augmentation plan, instantaneous stream depletions may be aggregated. An aggregated release from Spinney Mountain Reservoir will be required no more frequently than once per month. The version of an Amended Decree the Court will be asked to approve is attached as an Exhibit. Reference is made to the Amended Decree for a more detailed description of the changes being requested. WHEREFORE, MWSD requests that the existing augmentation plan be amended as set forth herein. (4 pages and 1 exhibit).

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17CW3169 (Former Case Nos. 81CW446, 95CW088, 02CW027 and 08CW273), CITY OF WESTMINSTER, 4800 West 92nd Avenue, Westminster, Colorado 80031, (303) 658-2400, c/o Lee H. Johnson and Mason H. Brown, Carlson, Hammond & Paddock, LLC, 1900 Grant Street, Suite 1200, Denver, Colorado 80203, (303) 861-9000. APPLICATION FOR A SEXENNIAL FINDING OF REASONABLE DILIGENCE OF THE CITY OF WESTMINSTER IN JEFFERSON AND ADAMS COUNTIES. 2. Name of Structure: Exchange from Westminster’s Big Dry Creek Waste Water Treatment Plant to Big Dry Intakes 1 through 6. 3. Description of conditional water right: A. Date of Original Decree: April 26, 1989, Case No. 81CW446, Water Court, Division 1, State of Colorado. B. Subsequent Diligence Decrees: February 28, 1996, Case No. 95CW088, Water Court, Division 1, State of Colorado; December 11, 2002, Case No. 02CW027, Water Court, Division 1, State of Colorado; October 19, 2011, Case No. 08CW273, Water Court, Division 1, State of Colorado. C. Location: In Case No. 81CW446, Westminster obtained a decree for an exchange of water between Westminster’s Big Dry Creek Wastewater Treatment Plant and Big Dry Intakes Nos. 1 through 6 (the “1981 BDC Exchange”). A map identifying the general locations of the relevant exchange points for this exchange is attached as Exhibit A. The locations of the structures are as follows: Westminster’s Big Dry Creek Waste Water Treatment Plant: At a point on the north bank of Big Dry Creek 400 feet east of Huron Street in the Northwest 1/4 of the Southwest 1/4 of Section 27, Township 1 South, Range 68 West, County of Adams, State of Colorado. Big Dry Intake No. 1: A point located in the Southeast 1/4 of Section 14, Township 2 South, Range 69 West, County of Jefferson, State of Colorado, more particularly described as follows: The South quarter corner of Section 14, Township 2 South, Range 69 West, 6th P.M., bears S04̊59'18"W, 1353.34 feet from the point of diversion. Big Dry Intake No. 2: A point located in the Northwest 1/4 of Section 13, Township 2 South, Range 69 West, County of Jefferson, State of Colorado, more particularly described as follows: The Northwest corner of Section 13, Township 2 South, Range 69 West, 6th P.M., bears N37̊57'18"W, 1135.24 feet from the point of diversion. Big Dry Intake No. 3: Points on both sides of Big Dry Creek located in the Southeast 1/4 of Section 6, Township 2 South, Range 68 West, County of Adams, State of Colorado, more particularly described as follows: The South quarter corner of Section 6, Township 2 South, Range 68 West, 6th P.M., bears S09̊03'48"W, 1441.90 feet from the point of diversion. Big Dry Intake No. 4: A point located in the Southeast 1/4 of Section 12, Township 2 South, Range 69 West, County of Jefferson, State of Colorado, more particularly described as follows: At a point whence the East quarter corner of Section 12, Township 2 South, Range 69 West, 6th P.M., bears N62̊20'23"E, 1913.89 feet. Big Dry Intake No. 5: A point located in the Southeast 1/4 of Section 12, Township 2 South, Range 69 West, County of Jefferson, State of Colorado, more particularly described as follows: At a point whence the East quarter corner of Section 12, Township 2 South, Range 69 West, 6th P.M., bears N71̊22'09"E, 1574.55 feet. Big Dry Intake No. 6: A point located in the Northeast 1/4 of Section 12, Township 2 South, Range 69 West, County of Jefferson, State of Colorado, more particularly described as follows: At a point whence the East quarter corner of Section 12, Township 2 South, Range 69 West, 6th P.M., bears S58̊18'56"E, 1073.68 feet. D. Source: In Case No. 81CW446, Westminster obtained a decree for the 1981 BDC Exchange using effluent generated at the Westminster Big Dry Creek Wastewater Treatment Plant as a substitute supply. The source of water diverted by exchange is Big Dry Creek. The source of effluent used as a substitute supply is from certain water rights diverted by Westminster through its municipal utility system pursuant to the decree entered in Case No. W-8743, Water Court, Water Division No. 1, State of Colorado and from certain nontributary groundwater rights diverted by Westminster through its municipal utility system pursuant to the decree in Cases No. W-4017 and W-8741-77, Water Court, Water Division No. 1, State of Colorado. E. Appropriation Date: September 14, 1981, Case No. 81CW446 in the amount of 20 c.f.s. F. Use: Pursuant to the decree entered in Case No. 81CW446, the water diverted will be used in the City of Westminster’s municipal utility system for municipal, irrigation, domestic, commercial, industrial, recreational, exchange, replacement, and augmentation purposes. Westminster may make direct use, storage, reuse, successive use, further exchange and thereby fully consume the waters diverted and accounted for under operation of the decree in Case No. 81CW446. 4. Detailed outline of what has been done toward completion of the

46 appropriation and application to a beneficial use. A. In Case No. 95CW088, the Water Court decreed that 2.56 c.f.s. of the 20 c.f.s. conditional decree in Case No. 81CW446 for the 1981 BDC Exchange, had been made absolute by completion of the appropriation and application of the water to beneficial use. Most recently, the Water Court in Case No. 08CW273 issued findings of diligence and thereby ruled that the remaining 17.44 c.f.s. of the conditional portion of the 1981 BDC Exchange remains in effect. During the present diligence period, the rate of exchange has not exceeded the 2.56 c.f.s. previously determined absolute by the Court in Case No. 95CW088. B. During the diligence period, Westminster completed a reconstruction project of the pump house located at Big Dry Creek Intake Point 5 that is used to divert water into City Park Pond at a cost of approximately $100,000. Costs were incurred during the diligence period. C. During the diligence period, Westminster has operated and maintained, and in one instance, replaced a pump at the “exchange to” points. Westminster incurred replacement costs of approximately $10,000 associated with replacing a pump at Big Dry Creek Intake Point 3. Costs were incurred during the diligence period. D. During the diligence period, Westminster has, pursuant to the decree in Case No. W-8743, diverted water into the municipal utility system and put such water to beneficial use in Westminster’s water service area. Beneficial use of said water has then generated effluent at Westminster’s Big Dry Creek Wastewater Treatment Plant for exchange pursuant to the decree in Case No. 81CW446. In a prior diligence period, Westminster expanded the capacity of the Big Dry Creek Wastewater Treatment Plant thereby allowing treatment of additional effluent at the Plant. E. Westminster has previously participated in a joint effort with the City of Thornton and the USGS to construct a flow gauge on Big Dry Creek. During the diligence period, Westminster has made annual contributions of approximately $3,000.00 to cover a portion of the operations and maintenance for said gauge. The gauge is used to measure flows in Big Dry Creek and provides a basis for the calculation of exchange potential on Big Dry Creek. Moreover, Westminster staff has participated in the Big Dry Creek Watershed Association, a cooperative effort among all Big Dry Creek water users to monitor flow data, as well as other information. Costs associated with this effort were incurred during the diligence period. F. During the diligence period, Westminster has participated in a number of water court proceedings in an effort, in part, to protect and maintain return flows to both Big Dry Creek and the South Platte River. In addition, Westminster has participated in a number of water court proceedings in the Clear Creek basin in an effort, in part, to protect and maintain the full entitlement of water available to the water rights decreed in Case No. W-8743, Water Court, Water Division No. 1, State of Colorado. Under the terms of Case No. 81CW446, effluent generated by the use of said water rights in Westminster’s municipal utility system may be used for exchange purposes. G. Consistent with the findings in the decree issued in Case No. 08CW273, the 1981 BDC Exchange water right adjudicated in Case No. 81CW446 is part of Westminster’s Clear Creek raw water supply system, an integrated system as defined by § 37-92-301(4) C.R.S. During the diligence period, Westminster has continued the development of its Clear Creek Water Supply System. Activities have included, but are not limited to, acquisition of various Clear Creek water rights for incorporation into the integrated water supply system, participation in various water court proceedings to protect Westminster’s water supply system, participation in continuing efforts to effect improvements to and the enlargement of Standley Reservoir, and substantial efforts to protect the quality of water of Westminster’s water supply system. Costs related to these activities have been incurred during the diligence period. 5. Water applied to beneficial use: Since diversions by exchange during the current diligence period did not exceed the current absolute flow rate of 2.56 c.f.s. for the 1981 BDC Exchange, Westminster is not claiming additional amounts absolute in this matter. 6. 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: With the exception of Big Dry Creek Intake No. 3, the diversion structures involved in this exchange are all on property owned by the applicant, the City of Westminster. On information and belief, the existing Big Dry Creek Intake No. 3 is located on lands owned by the State Board of Community Colleges and Occupational Education. Big Dry Creek Intake No. 3 is an existing, not a new, diversion structure and there are no plans to modify said structure at this time. 7. Remarks/Other: Any decree entered in this matter will

47 incorporate by reference the exchange terms and conditions contained in the underlying decree, Case No. 81CW446, including specifically the exchange terms set forth in paragraph 9 of said underlying decree. WHEREFORE, Westminster requests the Court to enter its decree and ruling as follows: A. To make a finding of reasonable diligence with respect to the remaining 17.44 c.f.s. conditionally decreed to the 1981 BDC Exchange, and providing that a subsequent showing of diligence be made six years from the date of entry of a decree of diligence. Number of pages of Application: 7.

17CW3170 (09CW079): Church Ranch Land Company, 1512 Larimer Street, #100, Denver, CO 80202, through their attorneys: Petrock & Fendel, P.C., James J. Petrock, Atty. Reg. #2881700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN JEFFERSON COUNTY. 2. Decree Information: Decreed on June 9, 2003, in Case No. 2000CW256, District Court, Water Division 1. 3. Name and location of structures: A. Walnut Creek Pond Diversion, located on the south side of Walnut Creek, in the NE1/4NE1/4 of Section 14, T2S, R69W of the 6th P.M., at a point approximately 100 feet from the east and 200 feet from the north section line of said Section 14. B. Walnut Creek Pond, located off channel in the NW1/4NW1/4 of Section 13, T2S, R69W of the 6th P.M., whence the center of said reservoir is located at a point approximately 150 feet from the west and 700 feet from the north section lines of said Section 13. 4. Source of water: Walnut Creek Pond Diversion: Walnut Creek B. Walnut Creek Pond: Walnut Creek, through the Walnut Creek Pond Diversion described above, and nontributary groundwater in the Lower Arapahoe and Laramie-Fox Hills aquifers as decreed in Case No. 99CW063, District Court, Water Division 1. 5. Date of appropriation: June 30, 1992 for each right. 6. Amount of water claimed: A. Walnut Creek Pond Diversion: 0.75 cfs (conditional). B.Walnut Creek Pond: 15 acre-feet (conditional) 7. Uses: Irrigation, storage for fish and wildlife, recreational, and piscatorial (conditional). 8. This Application for Finding of Reasonable Diligence is filed pursuant to the Water Right Determination and Administration Act of 1969, §37-92-302, C.R.S. During this diligence period, in continuing the development of the conditional water rights, Applicant has been engaged in the legal defense and protection of said water rights and has been diligent in the continued development of the water rights involved. The following provides a summary description of activity by Applicant in development of the conditional water rights: Surveying and engineering work by Martin and Martin related to pond design and construction. 9. Owner of land on which new facilities will be built or water impounded: City of Westminster, 4800 West 92nd Avenue, Westminster, CO 80030. WHEREFORE, Applicant prays that this Court enter a decree finding that Applicant has exercised reasonable diligence in the development of the remaining conditional water rights, and for such other and further relief as this Court deems just and proper in the premises. (3 Pages).

AMENDMENTS

17CW3104 GROVES FARMS AND RIVERVIEW FARMS, LLC, c/o Mike Groves, 21020 Rd. 6.5, Weldona, Colorado 80653. Please send all correspondence to: Vranesh and Raisch, LLP, c/o Stuart B. Corbridge, 1720 14th Street, Suite 200, Boulder, CO 80302. FIRST AMENDED APPLICATION FOR ADJUDICATION OF CONDITIONAL UNDERGROUND WATER RIGHTS AND TO ADD WELLS TO AUGMENTATION PLAN DECREED IN CASE NO. 2004CW81 IN MORGAN AND WELD COUNTIES. 2. Summary of Application and First Amendment: Applicants operate a plan for augmentation (“04CW81 Plan”) pursuant to the decree entered in Case No. 2004CW81 on November 24, 2014 (“04CW81 Decree”). Paragraph 50.3 of the 04CW81 Decree allows the addition of new wells to the 04CW81 Plan through the filing of a water court application. On July 31, 2017, Applicants filed with the Water Court for Water Division 1 an Application for Adjudication of Conditional Underground Water Right and to Add Well to Augmentation Plan Decreed in Case No. 2004CW81. By this first amended application, Applicants seek to: 1) add a claim to adjudicate a ground water right for a second new well to be located on property in Morgan County that is owned and/or used by Applicants; and 2) add that second well as an augmented structure under the 04CW81 Plan as described in the 04CW81 Decree. This first

48 amended application includes the claims for Groves Barker Well 1 as described in the original application and with some supplemental information provided, and also the claims for the second well, Groves Barker Well 2, as described below. The property owned and/or used by Applicants is shown on revised Exhibit 1 to this application, and is generally located in portions of the SW1/4 of Section 23, the NW1/4 of Section 26, and the NE1/4 of Section 27, all in Township 5 North, Range 60 West, 6th P.M., Morgan County, Colorado. UNDERGROUND WATER RIGHTS 3. Name of well and permit or registration number: 3.1 Groves Barker Well 1 (Permit application pending): 3.1.1 Legal description: SE1/4 NW1/4 of Section 26, Township 5 North, Range 60 West, 1,915 feet from the north section line and 2,010 feet from the west section line. NAD 83, Zone 13, Northing: 4469659, Easting: 579511 (Information obtained from hand-held GPS unit) 3.1.2 Source: Ground water tributary to the South Platte River 3.1.3 Depth, if completed: 75 feet 3.1.4 Appropriation Date: July 31, 2017 3.1.4.1 How appropriation was initiated: By determining the location of the well on July 24, 2017, filing a well permit application with the State Engineer’s Office on July 31, 2017, and the filing of the original water court application. 3.1.4.2 Date water applied to beneficial use: N/A 3.1.5 Amount claimed: 3.1.5.1 1000 gpm (2.23 cfs), conditional 3.1.5.2 960 acre-feet annually, conditional 3.1.6 Augmentation: See paragraphs 5-8 below. 3.1.7 Uses: Ground water diverted by Groves Barker Well 1 will be used for irrigation of up to 230 acres located in portions of the SW1/4 of Section 23, the NW1/4 of Section 26, and the NE1/4 of Section 27, all in Township 5 North, Range 60 West, 6th P.M., Morgan County, Colorado. The location of the well and the irrigated acres is shown on Exhibit 1. The well will be used as a supplemental source of irrigation water on the described acreage. 3.2 Groves Barker Well 2: 3.2.1 Legal description: The proposed location of this well is in the SE1/4 NW1/4 of Section 26, Township 5 North, Range 60 West, approximately 2,260 feet from the north section line and 2,290 feet from the west section line. NAD 83, Zone 13, Northing: 4469558, Easting: 579600 (Information obtained from hand-held GPS unit) 3.2.2 Source: Ground water tributary to the South Platte River 3.2.3 Depth, if completed: N/A (not constructed) 3.2.4 Appropriation Date: October 31, 2017 3.2.4.1 How appropriation was initiated: By determining the location of the well in early October 2017, filing a well permit application with the State Engineer’s Office, and the filing of the first amended water court application. 3.2.4.2 Date water applied to beneficial use: N/A 3.2.5 Amount claimed: 3.2.5.1 1000 gpm (2.23 cfs), conditional 3.2.5.2 960 acre-feet annually, conditional 3.2.6 Augmentation: See paragraphs 5-8 below. 3.2.7 Uses: Ground water diverted by Groves Barker Well 2 will be used for irrigation of up to 230 acres located in portions of the SW1/4 of Section 23, the NW1/4 of Section 26, and the NE1/4 of Section 27, all in Township 5 North, Range 60 West, 6th P.M., Morgan County, Colorado. The proposed location of the well and the irrigated acres is shown on Exhibit 1. The well will be used as a supplemental source of irrigation water on the described acreage. 4. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure, is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: 4.1 Groves Barker Well 1 and the proposed site for Groves Barker Well 2 are located on land owned by Applicants, as described above. ADDITION OF WELLS TO AUGMENTATION PLAN DECREED IN CASE NO. 2004CW81 5. Paragraph 50.3 of the 04CW81 Decree allows for the addition of new wells to the 04CW81 Plan pursuant to the filing of a new water court application. That paragraph requires any added well to be located on property in either Morgan County or Weld County that is owned by the applicants in Case No. 04CW81. Both Groves Barker Well 1 and Groves Barker Well 2 satisfy this requirement. Applicants seek approval to add these two wells to the 04CW81 Plan, as described in paragraphs 6 through 8 below. 6. Name of structures to be augmented: 6.1 Groves Barker Well 1, described in paragraph 3.1 above. 6.2 Groves Barker Well 2, described in paragraph 3.2 above. 7. Water rights to be used for augmentation: The water rights to be used for augmentation are those water rights and water sources authorized for use as replacement sources in the 04CW81 Plan, as described and authorized by the 04CW81 Decree. 8. Complete statement of plan for augmentation: Diversions from Groves Barker Well 1 and Groves Barker Well 2 will cause depletions to the South Platte River. To the extent that those depletions are out-of-priority, the purpose of including these wells in the 04CW81 Plan is to provide for replacement of the out-of-priority depletions in time, location, and amount in accordance with the

49 requirements and terms and conditions of that plan as described in the 04CW81 Decree. The following information is relevant to the addition of Groves Barker Well 1 and Groves Barker Well 2 to the 04CW81 Plan: 8.1 Groves Barker Well 1 is constructed, but has not yet been operated, and Groves Barker Well 2 has not yet been constructed. There are thus no depletions from pumping that occurred prior to the filing of the application and the first amended application. Depletions from pumping the wells will be based on measured well pumping using a totalizing flow meter or other approved measurement device on each well. 8.2 The consumptive use factors for well pumping included in the 04CW81 Decree are as follows: 60% for well water applied by flood irrigation; 80% for well water applied by sprinkler irrigation; and 100% for stock-watering use. Applicants anticipate use of Groves Barker Well 1 and Groves Barker Well 2 by sprinkler irrigation, and propose a consumptive use factor for these wells of 80% of measured pumping. 8.3 The monthly pumping of Groves Barker Well 1 and Groves Barker Well 2 will be multiplied by the decreed consumptive use factor for each well to arrive at the monthly consumptive use of ground water by the wells. For plan accounting and operation purposes, the monthly pumping volume will be pro-rated into a daily value. 8.4 The 04CW81 Decree calculates the timing and amount of depletions from well pumping under the 04CW81 Plan using the AWAS Glover alluvial aquifer method. Applicants will utilize this method to determine stream depletions from Groves Barker Well 1 and Groves Barker Well 2, using aquifer parameters developed for these wells based on their actual or intended locations. In the original application, Applicants proposed the following aquifer parameters for Groves Barker Well 1: X (ft) = 8,500; W (ft) = 20,500; T (gal/day/ft) = 113,000 Applicants’ engineering analysis for both Groves Barker Well 1 and Groves Barker Well 2 is ongoing, and Applicants reserve the right to utilize different aquifer parameters than those stated above in any final decree entered in this matter, as appropriate. The specific yield value (“S”) for Groves Barker Well 1 and Groves Barker Well 2 is proposed as 0.2. The pro-rated daily consumptive use of ground water will be lagged using the decreed aquifer parameters for each well and the AWAS Glover alluvial aquifer method as described in the 04CW81 Decree to determine the timing of depletions to the South Platte River. 8.5 Groves Barker Well 1 and Groves Barker Well 2 will be included in the projection described in Paragraph 55 of the 04CW81 Decree, will be incorporated into the accounting required by Paragraph 61 of the 04CW81 Decree, and will be subject to the other applicable requirements of the 04CW81 Plan, the 04CW81 Decree, and any additional terms imposed by the Court in a decree entered for this application. 9. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure, is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: 9.1 Other than the addition of Groves Barker Well 1 and Groves Barker Well 2 as augmented structures, no other changes to the 04CW81 Plan are sought by this application. The Applicants are the owners of the land upon which the wells are located. 10. Wherefore, the Applicants request entry of a decree in this matter that: 1) adjudicates new ground water rights for Groves Barker Well 1 and Groves Barker Well 2 as described in paragraph 3; and 2) adds Groves Barker Well 1 and Groves Barker Well 2 to the plan for augmentation described in the 04CW81 Decree.

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

YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of DECEMBER 2017 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be

50 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.

51