DISTRICT COURT, WATER DIVISION 1, AUGUST 2016 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of AUGUST 2016 for each County affected. 16CW35 MARY BRAUN-PAYNE, 7792 Pine Ridge Rd., Franktown, CO 80116. 303-660-9335. APPLICATION FOR UNDERGROUND WTER RIGHTS IN THE BASIN AQUIFERS IN DOUGLAS COUNTY. Applicant seeks to adjudicate the well, permit 74888, and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a 2.2 acre tract of land lying in the NE1/4, NE1/4, S35, T7S, R66W of the 6th PM, including the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifer.

16CW36 NELLIE M JACKSON, Revocable Trust and Robert J. Jackson Family Trust, 1289 W. Camino Pable Dr., Pueblo West, CO 81007. 303-912-2017. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 08-11-80 in case 79CW163, WD1. Subsequent decrees: 05-18-04 in case 97CW28 and 08-10-10 in case 10CW103, WD1. Jackson Well located SW1/4, NW1/4, S6, T8S, R75W of the 6th PM. Lot 213, Filing 2, Michigan Hill subdivision aka 1330 Michigan Hill Road. Source: Groundwater, Appropriation date: 5-31-79. Amount: 15 gpm. Use: Household only.

16CW37 MIKE AND JANICE PRYOR, 7304 S. Robb St., Littleton, CO 80127. 303-978-9767. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 8-20-10 in case 10CW96, WD1. Well located SW1/4, SW1/4, S5, T10S, R75W of the 6th PM. Lot 4, Filing 2, Elkhorn Ranches subdivision aka 304 Caracara Ln. Source: Groundwater. Appropriation date: 2-28-75. Amount: 15 gpm. Use: Household use only inside a single family dwelling not including irrigation.

16CW3102 The Town of Castle Rock, Attn: Mark Marlowe, Water Utilities Director 175 Kellogg Court Castle Rock, Colorado 80109. Please send all correspondence and all court filings Jeffrey J. Kahn and Madoline Wallace-Gross, Lyons Gaddis Kahn Hall Jeffers Dworak & Grant, PC, P.O. Box 978 Longmont, CO 80502-0978. APPLICATION FOR FINDING REASONABLE DILIGENCE IN DOUGLAS AND JEFFERSON COUNTIES. Name of structure: Chatfield Reservoir. Describe the conditional water right giving the following from the previous decrees: Date of original decree, case no. and court: Case No. 89CW169, District Court, Water Division No. 1, entered on June 27, 1991. Subsequent decrees awarding findings of diligence: Case No. 97CW207, District Court, Water Division No. 1, entered on January 3, 1998; Case No. 04CW251, District Court, Water Division No. 1, entered on August 3, 2010. Legal description of point of diversion: The reservoir formed by the Chatfield Dam, an existing structure located in Sections 6 and 7, Township 6 South, Range 68 West, of the 6th P.M., and in Section 1, Township 6 South, Range 69 West of the 6th P.M. The right abutment of Chatfield Dam is located in Sections 6 and 7, Township 6 South, Range 68 West of the 6th P.M., Douglas County, Colorado. The left abutment of the dam is located in Section 1, Township 6 South, Range 69 West of the 6th P.M. in Jefferson County, Colorado. Source of water: and its tributaries. Appropriation date: November 6, 1989. Amount: 2,000 acre-feet, conditional. Uses: All municipal purposes. Integrated Water Supply System: Pursuant to C.R.S. § 37-92-301(4)(B), the conditional storage water right is part of a single integrated water system owned and developed by Applicant. Applicant’s integrated water supply system consists augmentation plans, appropriative rights of exchange, conditional and absolute water rights and non-tributary groundwater rights. Detailed outline of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures. During the most recent diligence

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period (August 2010 to August 2016), Applicant has incurred more than $3,386,000 to conduct the following work specific to this conditional water right and on its integrated system. Participated in the Chatfield Storage Reallocation Project (“Project”) at a cost of approximately $1,972,000, by: Obtaining Corps of Engineers (“Corps”) approval of the Project, which reallocated 20,600 acre-feet of storage space in Chatfield Reservoir and authorized the Colorado Department of Natural Resources (“DNR”) to use the storage space for various uses, including municipal use. Obtaining a Water Storage Agreement between the Corps and the DNR to allow the DNR to utilize the reallocated storage space and to assign the space to other water providers. Obtaining an assignment of 287 acre-feet of storage space in Chatfield Reservoir from DNR through a Water Provider Agreement. Contracting with Colorado Water Conservation Board (“CWCB”) for an option to purchase 1213 additional acre-feet of storage space in Chatfield Reservoir. Obtaining a letter agreement with the CWCB to reserve 500 additional acre-feet of storage space in Chatfield Reservoir, for a total of 2,000 acre-feet. Creating the Chatfield Reservoir Mitigation Company to complete work necessary to operate the Project. Defending against litigation filed by the Audubon Society related to the Project. Investigated, designed and constructed Castle Rock Well Nos. AL-1, AL-2, AL-8, AL-9, AL-16, AL-18, and AL-20 in the Central (Meadows) Well Field, at a cost of approximately $970,000. Studied water quality, studied alluvium characteristics, modified the vaults, replaced the flow meters and added variable frequency drives for Well CR-79 (Heckendorf Well No. 2) and Well CR-80 (Heckendorf Well No. 3), at a cost of approximately $86,000. Rehabilitated Castle Rock Well CR-12R, including rebuilding the pump, installing a new flow meter, adding variable frequency drives, building a new control panel and programming the panel, at a cost of approximately $28,500. Conducted water quality studies of the alluvial groundwater aquifer in the Central Well Field, at a cost of approximately $21,000. Began and/or continued to adjudicate Water Court applications in Case Nos. 92CW144, 09CW166 and 12CW296, which specifically involved Chatfield Reservoir, at a cost of more than $309,300. Began and/or continued to adjudicate Water Court applications in Case Nos. 09CW167, 10CW243, 10CW244, 10CW245, 12CW232, and 13CW3028. Opposed applications that could injure Applicant’s water rights, including this water right, in Case Nos. 04CW292, 04CW293, 05CW270, 09CW262, 09CW275, 09CW279, 10CW261, 10CW263, 11CW18, 11CW180, 11CW215, 12CW75, 14CW3045, 14CW3054, 15CW3016, 15CW3148 and 15CW3181. Conducted legal and engineering work to determine whether to acquire certain senior water rights for use in Applicant’s municipal water system. Name and address of owner of land upon which any new diversion structure or storage structure, or modification to an existing diversion or storage structure is or will be constructed, or upon which water is or will be stored, including any modification to the existing storage pool. U.S. Army Corps of Engineers, 9307 South Wadsworth Blvd. Littleton, CO 80128. WHEREFORE, Applicant requests the Court enter a decree finding that Applicant has exercised reasonable diligence during the diligence period and extending the conditional water right for an additional six-year period.

16CW3103, (Division 2 case no. 16CW3048)Walden Corporation, Inc., 17145 Colonial Park Drive, Monument, CO 80132 (James Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION, EL PASO COUNTY. Groundwater to be augmented: Up to 155 acre-feet per year for 100 years of not nontributary Dawson aquifer groundwater as decreed in Consolidated Case Nos. 02CW187, District Court, Water Division 1, and 02CW117, District Court, Water Division 2. Said groundwater is located underlying approximately 349 acres of land generally located in parts of Sections 14, 15, 22, and 23, T11S, R66W of the 6th P.M., El Paso County, as shown on Attachment A hereto (Subject Property). Water rights to be used for augmentation: Return flows from the use of not nontributary Dawson aquifer groundwater and return flows and direct discharge of nontributary groundwater underlying the Subject Property as also decreed in cases described above. Statement of plan for augmentation: The Dawson aquifer groundwater will be used for inhouse, irrigation, commercial, fire protection, and stockwatering purposes, including storage, through a central water supply system, on the Subject Property or on land served through Applicant’s central water supply system, including but not limited to Walden III Subdivision, Filings 2 through 7. The Dawson aquifer groundwater will be withdrawn through one or more wells located on the

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Subject Property which will operate at rates of flow which are necessary to withdraw the entire annual amount. During pumping Applicant will replace actual depletions to the affected stream systems pursuant to Section 37-90-137(9)(c), C.R.S. Because depletions may occur to stream systems in Water Divisions 1 and 2, this application is being filed in both divisions. Based on the location of the Subject Property, return flows from use of the water on the Subject Property return to the South Platte River and such return flows are sufficient to replace the total annual actual depletion. Sewage treatment for in house and commercial use is provided by a central treatment facility and the amount of treated water which returns to the stream system is approximately 95% of that use. Applicant requests that the total actual depletion be returned to the South Platte River stream systems and for a finding that those replacements are sufficient. Applicants will reserve an equal amount of the nontributary groundwater 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. (4 pages).

16CW3104, Hidden Pines, LLC, 179 Ramshorn Drive, Castle Rock, CO 80108 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION, DOUGLAS COUNTY. Groundwater to be augmented: 4.2 acre-feet per year for 100 years of not nontributary Upper Dawson aquifer groundwater as decreed in Case No. 03CW365, District Court, Water Division 1. Applicant is the owner of 35 acres which is generally located in the SE1/4 of Section 2, T8S, R66W of the 6th P.M., Douglas County, as described and shown on Attachment A hereto (Subject Property). Water rights to be used for augmentation: Return flows from the use of not nontributary Upper Dawson aquifer water and return flows and direct discharge of nontributary groundwater underlying the Subject Property as also decreed in Case No. 03CW365. Applicant is the owner of all groundwater underlying the Subject Property, including 9.9 acre-feet per year of nontributary Laramie-Fox Hills aquifer groundwater of which 4.2 acre-feet per year will be used in this plan. Statement of plan for augmentation: The Upper Dawson aquifer groundwater will be used for in house use in two residences (0.35 acre-feet each and 0.7 acre-feet total), irrigation of lawn, garden, pasture and trees (2.5 acre-feet), stockwatering of up to 24 large domestic animals (0.4 acre-feet), sanitary facilities in a barn or stable (0.25 acre-feet), and fire protection and use in a water feature (0.35 acre-feet). Applicant reserves the right to revise these amounts, values and uses without having to amend or republish this application. Sewage treatment for in house use and sanitary facilities in the barn or stable will be provided by a non-evaporative septic system. Return flows associated with that use will be approximately 90% of water used for that purpose and return flow associated with irrigation use will be approximately 15% of water used for that purpose. During pumping Applicant will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions occur to the Cherry Creek stream system. Return flows accrue to the South Platte River 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 as decreed in Case No. 03CW365 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. (5 pages).

16CW3105 The Presbytery of Plains and Peaks, P.O. Box 66, Allenspark, CO 80510, (303) 747- 2888. Please send future correspondence and pleadings to Kelly Custer, Lawrence Jones Custer Grasmick, LLP, 5245 Ronald Reagan Blvd., Ste. 1, Johnstown, CO 80534, Phone: 970-622-8181. Application for Finding of Reasonable Diligence, in BOULDER COUNTY. 2. Name of structure: Highlands Camp Well No. 4, Permit No. 64689-F. 3. Description of water right: A. Date of original decree: February 24, 2004, Case No. 03CW251, Water Division No. 1.B. Subsequent decree awarding diligence and partially absolute: August 13, 2010, Case No. 10CW67, Water Division No. 1. C. Legal description: The well is located in the NW1/4 of the NE1/4 of Section 36, Township 3 North, Range 73 West of the 6th P.M., 320 feet from the north section line and 2050 feet from the east section line, in Boulder County, Colorado. D. Source of water: Ground water tributary to St. Vrain Creek and its tributaries. E. Appropriation date: April 9, 2003. F. Amounts and Uses: 7.8 gpm, absolute, for domestic

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and fire protection; 7.2 conditional for such uses; 15 gpm, conditional, for livestock. 4. Detailed outline of what has been done toward completion of the appropriation: Applicant owns and operates Highlands Presbyterian Camp and Retreat Center, located near Allenspark, CO. During the diligence period, Applicant continued to operate the well for domestic and fire protection uses and to maintain the well as needed. Drought conditions in recent years have affected production at the well, limiting the flow rate. The camp is experiencing a growth in the number of guest days. Applicant anticipates increased water demand in the future and intends to fully develop the water rights. Expenses for maintenance of the well during the diligence period exceeded $1300. 5. Name and address of owner of land on which well is located: Applicant. 6. Remarks: The well is augmented pursuant to the plan for augmentation decreed in Case No. 89CW138, Water Division No. 1, decree dated July 27, 1990. 7. Wherefore, Applicant requests the court to find that Applicant has proceeded with diligence to complete its appropriation, continuing the conditional water rights for another diligence period, and such other and further relief as the court deems just. 3 pages, no exhibits.

16CW3106 BEAVER CREEK DITCH COMPANY, (“BCDC”), c/o Justin Curtis, 11626 Highway 71, Brush, CO 80723. Attorneys for Applicant: Stuart B. Corbridge, Geoffrey M. Williamson, Vranesh and Raisch, LLP, 1720 14th Street, Suite 200, Boulder, CO 80302. APPLICATION FOR CORRECTION FOR AN ESTABLISHED BUT ERRONEOUSLY DESCRIBED POINT OF DIVERSION PURSUANT TO C.R.S. § 37-92-305(3.6) IN MORGAN COUNTY 2. Decreed water right for which change is sought: a. Name of structure: Beaver Creek Ditch. b. Date of original and all relevant subsequent decrees: The water right for the Beaver Creek Ditch was originally decreed by the Weld County District Court on December 17, 1900, in Civil Action No. 1186, having Ditch No. 33 1/2 and Priority No. 43 1/2 in Irrigation District No. 1 of the State of Colorado. c. Legal description of structure as described in most recent decree that adjudicated the location: The decreed location for the headgate of the Beaver Creek Ditch is at a point 494 feet north and 230 feet west of the quarter section corner between Sections 29 and 30, in T4N, R55W, in Morgan County. A map showing this location is attached hereto as Exhibit A. d.Decreed source of water: Big Beaver Creek (a/k/a Beaver Creek). e. Appropriation date: April 18, 1889. f. Total amount decreed to structure: 16 c.f.s., absolute. g. Decreed use: Irrigation of land. h. Amount that BCDC intends to change: 16 c.f.s. 3. Detailed description of proposed correction to an established but erroneously described point of diversion: a. BCDC seeks to correct the decreed location of the Beaver Creek Ditch headgate to the location of the current, actual point of diversion, which location has been established and in use for over 100 years but is erroneously described in the original decree (Civil Action No. 1186). The current actual diversion point, which is described in paragraph 3(b) below and also shown on the attached Exhibit A, is located more than 1,500 feet upstream on Beaver Creek of the decreed diversion point. An inscription on the existing diversion structure indicates that the current actual diversion point has existed since at least 1913, and BCDC has historically diverted water from this diversion point pursuant to the CA 1186 decree. BCDC does not seek any other changes of water rights in this case. b. Legal description of the corrected point of diversion: The current actual location of the headgate for the Beaver Creek Ditch is in the SW1/4 SE1/4 Section 30, T4N, R55W, at a point approximately 750 feet north of the south section line and 2,150 feet west of the east section line (UTM coordinates 4459678 North 621364 East, Zone 13 NAD 83). 4. Names and addresses of owners or reputed owners of the land upon which any new diversion structure, or modification to any existing diversion structure is or will be constructed: a. Union Colony Agriculture LLC, 9191 Towne Center Drive, Suite 210, San Diego, CA 92122. b. Pratt Ranch LLC, 635 Lane Street, Fort Morgan, CO 80701. WHEREFORE, Applicant requests that the Court enter a decree under C.R.S. § 37-92-305(3.6) correcting the decreed location of the Beaver Creek Ditch headgate to the location of the current, actual point of diversion as described in paragraph 3(b) above. (3 pages)

16CW3107 BEAVER CREEK DITCH COMPANY, (“BCDC”), c/o Justin Curtis, 11626 Highway 71, Brush, CO 80723. Attorneys for Applicant: Stuart B. Corbridge, Geoffrey M. Williamson, Vranesh and Raisch, LLP, 1720 14th Street, Suite 200, Boulder, CO 80302. APPLICATION FOR SIMPLE

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CHANGE IN SURFACE POINT OF DIVERSION PURSUANT TO C.R.S. § 37-92-305(3.5) IN MORGAN COUNTY. 2. Decreed water right for which change is sought: a. Name of structure: Beaver Creek Ditch. b. Date of original and all relevant subsequent decrees: The water right for the Beaver Creek Ditch was originally decreed by the Weld County District Court on December 17, 1900, in Civil Action No. 1186, having Ditch No. 33 ½ and Priority No. 43 1/2 in Irrigation District No. 1 of the State of Colorado. c. Legal description of structure as described in most recent decree that adjudicated the location: The decreed location for the headgate of the Beaver Creek Ditch is at a point 494 feet north and 230 feet west of the quarter section corner between Sections 29 and 30, in T4N, R55W, 6th P.M., in Morgan County. However, the current actual location of the headgate is in the SW1/4 SE1/4 of Section 30, T4N, R55W, at a point approximately 750 feet north of the south section line and 2,150 feet west of the east section line (UTM coordinates 4459678 North 621364 East, Zone 13 NAD 83). A map showing these locations is attached hereto as Exhibit A. BCDC is currently seeking to correct this established but erroneously described point of diversion pursuant to C.R.S. § 37-92-305(3.6) in a separate application filed concurrently with this application. d. Decreed source of water: Big Beaver Creek (a/k/a Beaver Creek). e. Appropriation date: April 18, 1889. f. Total amount decreed to structure: 16 c.f.s., absolute. g. Decreed use: Irrigation of land. h. Amount that BCDC intends to change: 16 c.f.s. 3. Detailed description of proposed change in surface point of diversion: a. BCDC seeks to change the decreed and physical location of the point of diversion for the Beaver Creek Ditch to a location approximately 1,200 feet north and downstream on Beaver Creek of the current actual location of the diversion point for the ditch. In accordance with C.R.S. § 37-92-305(3.5)(b)(III)(C), this proposed change is not combined with and does not include any other type of change of water right. In accordance with C.R.S. § 37-92- 305(3.5)(II), there is also no intervening surface diversion point or inflow between the requested new point of diversion and the current actual diversion point from which the change is being made. BCDC recently executed an agreement with Union Colony Agriculture LLC, the owner of the property underlying both the current actual and proposed new diversion points, to move the diversion point to this proposed location. Using the proposed new diversion point, BCDC will not divert any greater flow rate or amount of water than the 16 c.f.s. decreed to the water right. Given the close downstream proximity of the proposed diversion point to the current actual diversion point as shown on Exhibit A, and the lack of any intervening diversion points or inflows in that stream reach, the water that is physically and legally available in Beaver Creek for BCDC to divert at the new location will be no different than if diverted at the current actual point of diversion. Such a change will not injuriously affect the owner of or persons entitled to use water under a vested water right or decreed conditional water right. As noted in paragraph 2(c) above, the current actual point of diversion is upstream of the originally-decreed point of diversion. However, BCDC is seeking to correct this erroneously described point of diversion pursuant to C.R.S. § 37-92-305(3.6) in a separate application in order to allow for the simple change in point of diversion from the current actual location of the Beaver Creek Ditch headgate to the proposed new location, as requested by this application. b. Location of the new, changed surface point of diversion: In the NW1/4 SE1/4 Section 30, T4N, R55W, Morgan County, at a point approximately 1,920 feet north of the south section line and 1,900 feet west of the east section line (UTM coordinates 4460036 North 621434 East, Zone 13 NAD 83). This location is also shown on the map attached as Exhibit A. 4. Names and addresses of owners or reputed owners of the land upon which any new diversion structure, or modification to any existing diversion structure is or will be constructed: a. Union Colony Agriculture LLC, 9191 Towne Center Drive, Suite 210, San Diego, CA 92122. b. Pratt Ranch LLC, 635 Lane Street, Fort Morgan, CO 80701. WHEREFORE, Applicant requests that the Court enter a decree under C.R.S. § 37-92-305(3.5) changing the decreed and physical location of the Beaver Creek Ditch headgate from the current actual point diversion described in paragraph 2(c) above to the new, changed point of diversion described in paragraph 3(b) above. (4 pages)

16CW3108 Pinneo Feedlot, LLC, Pinneo Feedlot, LLC (“Pinneo”) Attn: Mark Booth, Member, 32295 U.S. Highway 34, P.O. Box 384, Brush, Colorado, 80723, (970) 842-0701, Email: [email protected], c/o James S. Witwer, Andrea M. Bronson, Address: Temkin Hardt &

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Longenecker LLP, 1900 Wazee Street, Suite 303, Denver, Colorado, 80202, Phone Number: 303-292- 4922, Fax Number: 303-292-4921, Email: [email protected], [email protected]. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE PORTIONS OF CONDITIONAL WATER RIGHTS ABSOLUTE, in MORGAN COUNTY. 1. Name, Address, Telephone Number, and email of the Applicant (see above). 2. Name of structures: Headley Recharge Pond Nos. 1, 2, 3, 4, 5 and 6 (the “Headley Recharge Ponds”); Booth Farm Recharge Ponds (currently a single pond); and Upper Platte and Beaver Canal. 3. Description of conditional water rights from original decree entered in Case No. 03CW407: Prior Adjudications. In Case No. 03CW407, the District Court in and for Water Division No. 1 (“Water Division No. 1”) confirmed the Pinneo Surplus Credit Recycling Exchanges, which appropriate Pinneo’s surplus recharge credits generated from Pinneo’s interests in the Headley Recharge Project, Jackson Lake Rights, Booth Farm Well Right, and any additional sources used pursuant to paragraph 29 of the 03CW407 decree, and delivering this water by exchange into the Upper Platte and Beaver Canal for recharge in the Booth Farm Recharge Ponds and (subject to the consent of UPBCC and the Water Commissioner) in recharge facilities controlled by UPBCC and described in the UPBCC plan for augmentation approved August 9, 2010 in Case No. 2002CW401, Water Division 1 (the “UPBCC Plan”). These structures and the exchange reaches in question are more particularly described below. A. Decrees: i. Original Decree: Case No. 03CW407, Water Division No. 1, decree dated August 5, 2010. B. Structures Used to Generate Surplus Credits for Exchange: i. Headley Recharge Project: water diverted into the Riverside Canal under the Headley Recharge Project decree (Case No. 90CW189, Water Division No. 1, entered November 23, 1992) may be delivered directly for recharge or temporarily stored in Riverside Reservoir or Wildcat Reservoir for later release and delivery for recharge. Water placed into the lower end of the Riverside Canal (below what is known as Bruce Weir), into Antelope draw, and/or into Headley Recharge Ponds Nos. 1 through 6, may be used for wildlife habitat, recreation, and aesthetic purposes; or used for recharge of the alluvial aquifer and augmentation purposes. Pinneo has acquired 50 percent of the water recharge credits available under the Headley Recharge Project. The recharge facilities comprising the Headley Recharge Project are generally located in Section 13, Township 5 North, Range 56 West, and Sections 7, 18, 19, 20 and 29, Township 5 North, Range 55 West, 6th P.M., Morgan County. ii. Upper Platte and Beaver Canal and Recharge Facilities: The Upper Platte and Beaver Canal headgate is located at a point whence the Southeast corner of Section 35, Township 4 North, Range 58 West of the 6th P.M., Morgan County, Colorado, bears South 13° 57’ East, 5020.2 feet. Numerous recharge facilities receive water deliveries from the canal, as more particularly described in the UPBCC Plan. iii. Booth Farm Recharge Ponds: The approximate location of the measuring device for deliveries into the Booth Farm Recharge Ponds (currently a single pond) is located in the NW1/4 NW1/4 of Section 35, Township 4 North, Range 56 West of the 6th P.M., Morgan County, Colorado, at a point 720 feet south of the North Section line and 280 feet east from the West Section line of said Section 35; the UTM Coordinates are NAD83, Zone 13N, in meters: X=617260m Y=4459117. The Booth Farm Recharge Ponds receive water deliveries from the Upper Platte and Beaver Canal and can receive deliveries from the Booth Farm Well Right. As more particularly described in the 03CW407 Decree, water delivered to recharge in the Booth Farm Recharge Ponds under the Jackson Lake Rights or pursuant to the appropriative right of exchange described in Paragraph 10(B)(2) may be diverted into and through the Upper Platte and Beaver Canal, with the written consent of UPBCC. The location of the Booth Farm Recharge Ponds, Headley Recharge Ponds and the Upper Platte and Beaver Canal are shown on Exhibit A, which is attached to the Application. C. Exchange reaches: i. The downstream exchange “from” point for the appropriative rights of exchange is the midpoint where recharge credits from the Headley Recharge Project accrue to the South Platte River, located generally at a point on said river in the NW1/4 SW1/4 of Section 33, Township 5 North, Range 55 West, 6th P.M., Morgan County, Colorado below the inlet to the North Sterling Canal. Based on the midpoint of accretions, 49% of the accretions affect the South Platte River upstream of the inlet to the North Sterling Canal and 51% of the accretions affect the river downstream of the inlet to the North Sterling Canal. A second exchange “from” point is the midpoint where recharge credits from the Booth Farm Recharge Ponds accrue to the South Platte River, located generally at a point on said river in the SW1/4 SW1/4 of Section 22, Township 4 North, Range 56

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West, 6th P.M., Morgan County, Colorado, above the inlet to the North Sterling Canal. Based on the midpoint of accretions, 98% of the accretions affect the South Platte River upstream of the inlet to the North Sterling Canal and 2% of the accretions affect the river downstream of the inlet to the North Sterling Canal. ii. The upstream exchange “to” point for the appropriative rights of exchange is the headgate of the Upper Platte and Beaver Canal, located on the South Platte River in Morgan County, Colorado at a point whence the SE corner of Section 35, T4N, R58W, 6th P.M. bears S. 13°57’ E, 5,020.2 feet, being approximately 7,680 feet from the original decreed point of diversion. Use of the canal to divert and deliver the surplus recharge credits by exchange is subject to the consent of UPBCC and the Water Commissioner. D. Source of Water: South Platte River; surplus recharge credits generated in excess of Pinneo’s augmentation and replacement requirements under the Decree in Case No. 03CW407, whether such surplus credits were originally delivered to recharge under the Headley Recharge Project decree, Jackson Lake Rights, Booth Farm Well Right, additional sources pursuant to Paragraph 29 of the Decree in Case No. 03CW407, any combination thereof, or under these appropriative rights of exchange. E. Appropriation Date: August 1, 2006. F. Absolute and/or Conditional Amounts Previously Decreed: Pinneo Surplus Credit Recycling Exchanges: 10 c.f.s. conditional. G. Use: augmentation and replacement purposes. 4. Claim to make absolute and for a finding of reasonable diligence: Pinneo seeks to make 0.45 c.f.s. of the Pinneo Surplus Credit Recycling Exchange rights absolute; 9.55 c.f.s. will remain conditional. Pinneo operated the Pinneo Surplus Credit Recycling Exchanges during the period July 15, 2015 through July 31, 2015, to divert Pinneo’s excess augmentation credit by exchange and deliver the water to the Booth Recharge Ponds in accordance with the decree in Case No. 03CW407. See Exhibit B, attached to the Application. In the alternative, Pinneo seeks a finding of reasonable diligence with respect to such 0.45 c.f.s. of the Pinneo Surplus Credit Recycling Exchange rights. 5. Detailed outline of work performed and the expenditures made toward completion of the appropriation and application of water to a beneficial use as conditionally decreed. Pinneo also seeks a finding of reasonable diligence with respect to the development of all portions of the Pinneo Surplus Credit Recycling Exchanges not made absolute herein. A. Pinneo’s Expenses on the Pinneo Surplus Credit Recycling Exchanges. i. Water Division No. 1 entered the decree in Case No. 03CW407 in August 2010, approving a change of water rights and plan for augmentation. Pursuant to the plan for augmentation, Pinneo replaces out-of-priority depletions from well pumping at the Pinneo Feedlot primarily with water recharge credits from the Headley Recharge Project. Pinneo uses excess recharge credits in the Pinneo Surplus Credit Recycling Exchanges. Pinneo filed an application to make absolute an additional portion of the recharge rights in the Headley Recharge Project in Case No. 15CW3152. Water Division No. 1 entered the decree in Case No. 15CW3152 in May 2016 making absolute additional portions of the recharge rights, and continuing the remaining conditional rights. ii. During the diligence period, Pinneo expended more than $41,600 for engineering fees and expenses associated with setting up and performing necessary accounting for the augmentation plan decreed in Case No. 03CW407, and for water court activities associated with these water rights, specifically in pursuing a decree making absolute a portion the recharge credits from the Headley Recharge Project in Case No. 15CW3152, excess credits from which are then used as part of the Pinneo Surplus Credit Recycling Exchanges. iii. During the diligence period, Pinneo incurred more than $160,000 in costs associated with operation, maintenance and repair of the recharge and related structures. These costs include those associated with assessments for the water shares and water running fees associated with Pinneo’s shares in Jackson Lake Reservoir and Irrigation Company in order to use such water pursuant to the decree in Case No. 03CW407; repairs and maintenance of the structures; and in filling in a gravel pit to reduce Pinneo’s depletions and more efficiently use its recharge credits from the Pinneo Surplus Recharge Recycling Exchanges to replace Pinneo’s out-of-priority depletions from well pumping. iv. During the diligence period, Pinneo spent more than $29,000.00 in attorney fees and expenses for water court activities associated with these water rights, specifically in pursuing a decree making absolute a portion of the Headley Recharge water rights in Case No. 15CW3152, and to change the decreed location of the Jack Boxer and Son Well No. 3-10540 (“Well No. 3”), which change was decreed in Case No. 10CW286. Pinneo augments all out-of-priority depletions from Well No. 3 pursuant to the decree entered in Case No. 03CW407. 6. Name and address of owners or reputed owners of the

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land upon which any new diversion or storage structure or modification to any existing diversion or storage structure or existing storage pool is or will be constructed or upon which water is or will be stored: Pinneo owns the land on which Headley Recharge Pond Nos. 1, 2, 3, 4 and 5 are located. Stephen Daniel Hess and April Anna Hess, 31695 County Road AA, Snyder, Colorado 80750, are the owners of the land upon which Recharge Pond No. 6 is located. Booth Land and Livestock Company, 33071 Highway 85, Lucerne, Colorado 80646 is the owner of the land upon which the Booth Farm Recharge Ponds are located. The Upper Platte and Beaver Canal Company, P.O. Box 69, Ft. Morgan, Colorado 80701 is the owner of the Upper Platte and Beaver Canal. (8 pages)

16CW3109 Lee and Marilyn Bartlett, 12747 Fifth Street, Parker, CO 80134 (James 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 LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY LOWER DAWSON AQUIFERS, DOUGLAS COUNTY. Subject Property: Approximately 2.4 acres being Lot 7, Block 10, Grand View Estates, generally located in the SW1/4NE1/4 of Section 7, T6S, R66W of the 6th P.M., Douglas County, as shown on Attachment A hereto ("Subject Property"). The Lower Dawson aquifer is not nontributary as described in Section 37-90- 103(10.7), C.R.S., and the Laramie-Fox Hills aquifers are nontributary as described in Section 37-90- 103(10.5), C.R.S. Estimated Amounts: Lower Dawson: 0.46 acre-feet (include water associated with Well Permit No. 155993), Laramie-Fox Hills: 0.58 acre-feet. Proposed Use: Domestic, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Groundwater to be augmented: 0.46 acre-feet per year or all available Lower 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. The Lower Dawson aquifer water will be used for in-house use (0.3 acre-feet), irrigation of lawn, garden and trees (0.135 acre-feet), and stockwatering (0.025 acre-feet) through an existing Lower Dawson aquifer well on the Subject Property. Applicants reserve the right to revise the amount, values and uses without amending the application or republishing the same. Sewage treatment for in-house use will be provided by a non-evaporative septic system and return flow from in-house and irrigation use will be approximately 90% and 10% of that use, respectively. During pumping Applicants will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions may 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. Applicants will reserve the nontributary Laramie-Fox Hills aquifer groundwater underlying the Subject Property to meet post pumping augmentation requirements. Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (6 pages).

16CW3110 Congregation Emanuel, 51 Grape Street, Denver, Colorado 80220, Telephone: 303-388- 4013, c/o Wayne F. Forman, Esq., Michael P. Smith, Esq., Brownstein Hyatt Farber Schreck, LLP, 410 17th Street, Suite 2200, Denver, Colorado 80202, Telephone: 303-223-1100. APPLICATION FOR SURFACE WATER RIGHT AND PLAN FOR AUGMENTATION IN CLEAR CREEK COUNTY. 2. Introduction. Applicant operates a camp adjacent to Chicago Creek, approximately eight miles southwest of the City of Idaho Springs in Clear Creek County, located in the W1/2 of the W1/2 of Sections 30 and 31, Township 4 South, Range 73 West of the 6th P.M. The camp is operated during the summer months for use by staff, overnight campers, and day visitors for weekend retreats. To supply water for drinking, sanitary, stock (horse) watering, and fire protection purposes, Applicant relied upon diversions directly from Chicago Creek starting June 30, 1948. Applicant then constructed a spring-fed infiltration gallery and, since June 30, 1989, has relied upon the spring as the source of water for the camp. Applicant submits this Application for Surface Water Right and Plan for Augmentation to provide water for staff, overnight campers, day visitors, weekend retreats attendees and horses stabled during

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camp operations. The camp is in operation in the months from June into September. 3. Surface Water Right. 3.1 Name of Diversion Structure: Shwayder Camp Spring. The spring has been improved by the installation of an infiltration gallery. 3.2 Legal Description of Point of Diversion: The spring gallery is located in the center of the camp road, 120 feet from Chicago Creek at a point in the NW1/4 of the SW1/4 of Section 31, T4S, R73W, 6th P.M. (NAD83UTM Zone 13N, Easting 447383.787 Northing 4389565.338 meters), as shown on the map attached hereto as Exhibit A. 3.3 Amount Claimed: 15 g.p.m., absolute, not to exceed 3.0 acre feet per year. 3.4 Source: Water diverted from the Chicago Creek alluvium, tributary to Clear Creek, tributary to the South Platte River. 3.5 Uses: Domestic, commercial, fire protection, recreation, piscatorial, and stock watering. 3.6 Date of Appropriation: June 30, 1948. 3.7 How Appropriation was Initiated: By actually diverting water and putting it to the beneficial uses claimed in this Application. 3.8 Name and Address of Owners of Land and Structures: Applicant owns the overlying land and diversion structure described in Paragraph 3.1. 3.9 Remarks: The spring gallery is not defined as a well per the terms of C.R.S. § 37-90-103(21)(b). 4. Plan for Augmentation. 4.1 Purpose: The purpose of this plan for augmentation is to offset out-of-priority lagged depletions from uses of water withdrawn from the Shwayder Camp Spring. 4.2 Replacement Requirements: Up to 1 acre-foot per year. 4.3 Structure to be Augmented: Shwayder Camp Spring, described in Paragraph 3. 4.4 Water Rights Used for Augmentation: Depletions from the diversion and use of water through the Shwayder Camp Spring will be augmented through a lease agreement with the City of Idaho Springs, dated November 13, 1996 and attached hereto as Exhibit B (the “Lease”), for up to 1.0 acre-foot of fully consumable water per calendar year (“Lease Water”). The Lease Water derives from the sources listed in Exhibit A to the Lease. The lease term, commencing June 1, 1997, is five years with automatic renewal for four additional five- year terms. The current lease is valid through May 31, 2022. 4.4.1 Future Acquired Sources: The Applicant may acquire and/or lease additional water supplies in the future for use as a source of supply for the plan for augmentation described in this Application. The Applicant will add future acquired sources pursuant to C.R.S. § 37-92-305(8)(c). 4.5 Operation of Plan for Augmentation: Applicant will account for all actual out-of-priority depletions and will release augmentation water on a monthly basis, or otherwise as may be required by the Division Engineer, to replace the out-of-priority depletions from the augmented structure. 4.5.1 Location of Delivery of Augmentation Water: Augmentation water will be discharged from Idaho Springs Reservoir (WDID 0704398) directly to Chicago Creek, upstream of Shwayder Camp and Applicant’s depletion location, or from other sources located upstream of calling water rights. The Applicant requests the ability to add augmentation sources to the plan for augmentation without filing an application with the water court. 4.5.2 Transit Losses: Reservoir releases will be assessed transit losses determined by the Water Commissioner and subject to modification as determined by the Division Engineer. 4.6 Accounting: A flow meter is installed on the booster pump that withdraws water from the spring. Applicant will maintain the flow meter and implement such accounting procedures as may be reasonably required by the State or Division Engineer to ensure that depletions are fully replaced in amount, timing, and location under this plan. Applicant shall submit accounting information to the Division Engineer on an annual basis, or more frequently if required by the State or Division Engineer. 5. Name and Address of Owners or Reputed Owners of the Land Upon Which Any New or Existing Diversion or Storage Structure, or Modification Thereof, Is or Will Be Located: 5.1 City of Idaho Springs Attn: Dan Wolf P.O. Box 907 Idaho Springs, CO 80452.

16CW3111 (04CW443) Lower Platte & Beaver Canal Company, Terry Linker, President, P.O. Box 190, Hillrose, CO 80733, (970) 847-3431, c/o Peter J. Ampe and Matthew A. Montgomery, Hill & Robbins, P.C., 1660 Lincoln St., Suite 2720, Denver, CO 80264, (303) 296-8100. Application for Finding of Reasonable Diligence and to Make Absolute in Part in MORGAN AND WASHINGTON COUNTIES. 2. Name of structures: A. Recharge Ponds: i. LPB Recharge Pond No. 200, Owner: Pat Gerbauer & Laun August, 15488 County Rd 57, Hillrose, CO 80733, Location Centroid: NESW 15-5N- 54W, approximately 1862 feet from the South section line and 2441 feet from the West section line, Surface Area (acres): 105, Depth (ft): 7, Fill Rate (cfs): 20, Volume (ac-ft): 368, with right to fill and refill when in priority; ii. LPB Recharge Pond No. 205, Owner: RM Bar Farms, Address: 21402 MCR

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30, Brush, CO 80723, Location Centroid: SENE 23-4N-56W, approximately 2129 feet from the North section line and 171 feet from the East section line, Surface Area (acres): 7, Depth (ft): 8, Fill Rate (cfs): 15 Volume (ac-ft): 28, with right to fill and refill when in priority; iii. LPB Recharge Pond No. 206, Owner: Paul & Gloria Lotito, 12650 N. Lost Canyon Trail, Parker, CO 80134, Location Centroid: SWSW 13-4N-56W, approximately 148 feet from the South section line and 177 feet from the West section line, Surface Area (acres): 5, Depth (ft): 8, Fill Rate (cfs): 15, Volume (ac-ft): 20, with right to fill and refill when in priority; iv. LPB Recharge Pond No. 207, Owner: Paul & Gloria Lotito, 12651 N. Lost Canyon Trail, Parker, CO 80134, Location Centroid: SWNW 24-4N-56W, approximately 2092 feet from the North section line and 210 feet from the West section line, Surface Area (acres): 5, Depth (ft): 8, Fill Rate (cfs): 15, Volume (ac-ft): 20, with right to fill and refill when in priority; v. LPB Recharge Pond No. 208, Owner: Thomas & Amber Odle, 20296 Hwy 71, Brush, CO 80723, Location Centroid: SENW 23-4N- 56W, approximately 1944 feet from the North section line and 2326 feet from the West section line, Surface Area (acres): 7, Depth (ft): 8, Fill Rate (cfs): 15, Volume (ac-ft): 28, with right to fill and refill when in priority; vi. LPB Recharge Pond No. 209, Owner: RM Bar Farms, 21402 MCR 30, Brush, CO 80723, Location Centroid: NESW 18-4N-55W, approximately 2188 feet from the South section line, Surface Area (acres): 7, Depth (ft): 6, Fill Rate (cfs): 15, Volume (ac-ft): 21, with right to fill and refill when in priority; vii. LPB Recharge Pond No. 210, Owner: Hillrose Dairy, 25026 Rd. 36, Hillrose, CO 80733, Location Centroid: NESW 21-4N-55W, approximately 2522 feet from the South section line and 1775 feet from the West section line, Surface Area (acres): 15, Depth (ft): 8, Fill Rate (cfs): 15, Volume (ac-ft): 60, with right to fill and refill when in priority; viii. LPB Recharge Pond No. 212, Owner: Parachute Ranch, Inc., 33549 MCR X.5, Hillrose, CO 80733, Location Centroid: NWSW 10-4N-55W, approximately 2189 feet from the South section line and 1177 feet from the West section line, Surface Area (acres): 7, Depth (ft): 8, Fill Rate (cfs): 15, Volume (ac-ft): 28, with right to fill and refill when in priority; ix. LPB Recharge Pond No. 213, Owner: Parachute Ranch, Inc., 33549 MCR X.5, Hillrose, CO 80733, Location Centroid: SENE 3-4N-55W, approximately 2301 feet from the North section line and 491 feet from the East section line, Surface Area (acres): 6, Depth (ft): 8, Fill Rate (cfs): 15, Volume (ac- ft): 24, with right to fill and refill when in priority; x. LPB Recharge Pond No. 218, Owner: Colorado Board of Land Commissioners, 310 Poplar, Suite 3, Sterling, CO 80751, Location Centroid: SESE 16- 5N-54W, approximately 1377 feet from the South section line and 1186 feet from the East section line, Surface Area (acres): 7, Depth (ft): 8, Fill Rate (cfs): 15, Volume (ac-ft): 28, with right to fill and refill when in priority; xi. LPB Recharge Pond No. 219, Owner: Snyder Bros. Investments, 14224 Cnty Rd 57, Hillrose, CO 80733, Location Centroid: NWNE 21-5N-54W, approximately 1107 feet from the North section line and 2465 feet from the East section line, Surface Area (acres): 20, Depth (ft): 8, Fill Rate (cfs): 15, Volume (ac-ft): 80, with right to fill and refill when in priority; xii. LPB Recharge Pond No. 220, Owner: Snyder Bros. Investments, 14224 Cnty Rd 57, Hillrose, CO 80733, Location Centroid: NESE 17-5N-54W, approximately 2443 feet from the South section line and 175 feet from the East section line, Surface Area (acres): 4, Depth (ft): 8, Fill Rate (cfs): 15, Volume (ac-ft): 16, with right to fill and refill when in priority; xiii. LPB Recharge Pond No. 221, Owner: Snyder Bros. Investments, 14224 Cnty Rd 57, Hillrose, CO 80733, Location Centroid: NESW 17-5N-54W, approximately 2382 feet from the West section line and 2636 feet from the West section line, Surface Area (acres): 15, Depth (ft): 8, Fill Rate (cfs): 15, Volume (ac-ft): 60, with right to fill and refill when in priority; xiv. LPB Recharge Pond No. 222, Owner: Snyder Bros. Investments, 14224 Cnty Rd 57, Hillrose, CO 80733, Location Centroid: NWSW 17-5N-54W, approximately 2592 feet from the South section line and 404 feet from the West section line, Surface Area (acres): 2, Depth (ft): 8, Fill Rate (cfs): 15, Volume (ac-ft): 8, with right to fill and refill when in priority, xv. LPB Recharge Pond No. 223, Owner: Lower Platte & Beaver Canal Company, P.O. Box 190, Hillrose, CO 80733, Location Centroid: NWNE 19-5N-54W, approximately 222 feet from the North section line and 2442 feet from the East section line, Surface Area (acres): 7, Depth (ft): 7, Fill Rate (cfs): 15, Volume (ac-ft): 25, with right to fill and refill when in priority; xvi. LPB Recharge Pond No. 224, Onwer: Francis Y. Snyder Living Trust, 14224 Cnty Rd 57, Hillrose, CO 80733, Location Centroid: 19-5N-54W, approximately 26505 feet from the South section line and 2358 feet from the East section line, Surface Area (acres): 5, Depth (ft): 8, Fill Rate (cfs): 15, Volume (ac-ft): 20, with

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right to fill and refill when in priority; xvii. LPB Recharge Pond No. 227, Owner: Parachute Ranch, Inc., 33549 MCR X.5, Hillrose, CO 80733, Location Centroid: 10-4N-55W, approximately 287 feet from the North section line and 2439 feet from the West section line, Surface Area (acres): 5, Depth (ft): 10, Fill Rate (cfs): 15, Volume (ac-ft): 25, with right to fill and refill when in priority. B. Recharge Well: i. LPB Recharge Well, Owner: Lower Platte & Beaver Canal Company, P.O. Box 190, Hillrose, CO 80733, Permit No.: 60156-F, Rate (cfs): 8.91, Depth (ft): 78. C. Augmentation Wells: i. LPB Augmentation Well No. 19, Owner: Robert Termentozzi, 31576 MCR W, Brush, CO 80723, Permit No.: 60162-F, Rate (cfs): 3.11, Amount (ac-ft/yr): 2,251, Appropriation Date: 2/26/2003; ii. LPB Augmentation Well No. 23, Owner: South Coyote Junction, LLC, PO Box 1116, Platteville, CO 80651, Permit No.: 60161-F, Rate (cfs): 3.555, Amount (ac-ft/yr): 2,573, Appropriation Date: 2/25/2003; iii. LPB Augmentation Well No. 44, Owner: Parachute Ranch, Inc., 33549 MCR X.5, Hillrose, CO 80733, Permit No.: 59367-F, Rate (cfs): 4.39, Amount (ac-ft/yr): 3,178, Appropriation Date: 2/24/2003; iv. LPB Augmentation Well No. 80, Owner: Frances Y. Snyder Living Trust, 14224 Cnty Rd 57, Hillrose, CO 80733, Permit No.: 59439-F, Rate (cfs): 4.66, Amount (ac-ft/yr): 3,373, Appropriation Date: 2/26/2003. D. Exchange: i. Lower Platte & Beaver Canal (“LPB Canal”), Exchange-From Point: The terminus of the Lower Section of the LPB Canal, which is located at the intersection of the LPB Canal and the North section line of Section 22, T5N, R54W, 6th P.M., Exchange-To Point: The headgate of the LPB Canal, which is located on the South bank of the South Platte River bearing North 44º51’ West 2136 feet from the Southeast corner of Section 25, T4N, R57W, 6th P.M. A detailed map showing the approximate locations of structures described above is attached to the application as Exhibit A, and on file with the Court. 3. Description of conditional water rights: In Case No. 03CW443 (Water Div. 1), the Water Court decreed to Applicant, Lower Platte & Beaver Canal Company, a plan for augmentation to offset the depletions to the South Platte River caused by 101 Shareholder Wells prior to and after the entry of the decree. The Shareholder Wells are described in detail in paragraph 14 of the decree entered in Case No. 03CW443. The plan for augmentation decreed in Case No. 03CW443 included, inter alia: (1) the Recharge Ponds listed in paragraph 2.A, above; (2) the Recharge Well listed in paragraph 2.B, above; and (3) the Augmentation Wells listed in paragraph 2.C, above, as conditional sources of substitute supply. The decree also included a conditional right of substitution and exchange to divert water at the headgate of the LPB Canal on any day when the replacement water delivered to the South Platte River as part of the plan for augmentation exceeded Applicant’s replacement requirements for that day. A. Date of the original decree: August 17, 2010, Case No. 03CW443, Water Court for Water Division 1, State of Colorado. B. Subsequent decrees awarding findings of diligence: None. C. Recharge Ponds: i. Legal description: The Location Centroids of the LPB Recharge Ponds are set forth in paragraph 2.A, above. The recharge ponds are supplied by a conditional water right diverted via the LPB Canal, which has a decreed capacity of 322 cfs, and has a point of diversion located on the South bank of the South Platte River bearing North 44º51’ West 2136 feet from the Southeast corner of Section 25, T4N, R57W, 6th P.M.; ii. Source of water: Water in or tributary to the South Platte River; iii. Appropriation date: January 8, 2003; iv. Amount: The surface areas, depths, fill rates, and volumes of the Recharge Ponds are set forth in paragraph 2.A, above. The water right used to supply the canal is decreed for 322 cfs, conditional, diversions not to exceed 20,000 acre feet in any year, and 230,000 acre feet in any rolling 20-year period; v. Use: Irrigation and augmentation by recharge of the South Platte alluvial aquifer. The augmentation by recharge may be direct or by exchange. D. LPB Recharge Well: i. Legal description: The Permit No. of the LPB Recharge Well is set forth in paragraph 2.B, above. The LPB Recharge Well is located in the NW1/4SE1/4 of Section 13, T5N, R55W, 6th P.M., approximately 1612 feet from the South section line and 2418 feet from the East section line; ii. Source of water: Groundwater tributary to the South Platte River; iii. Appropriation date: January 8, 2003; iv. Amount: 8.91 cfs, up to 5000 acre-feet per year; conditional; v. Use: Recharge and augmentation to replace depletions caused by the Shareholder Wells. In addition, with the prior permission of the Water Commissioner, water pumped from the LPB Recharge Well may also be delivered to the Prewitt Inlet Canal to replace stream depletions and return flow obligations under the augmentation plan decreed in Case No. 03CW443 (Water Div. 1); vi. Depth: 67 feet (approx.). E. Augmentation Wells: i. Legal description: The Permit Nos. and Locations of the LPB

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Augmentation Wells are set forth in paragraph 2.C, above; ii. Source of water: Groundwater tributary to the South Platte River; iii. Appropriation date: The dates of appropriation for the LPB Augmentation Wells are set forth in paragraph 2.C, above; iv. Amount: The rates and amounts of the LPB Augmentation Wells are set forth in paragraph 2.C, above; v. Use: Augmentation to replace depletions caused by the Shareholder Wells. F. Exchange: i. Legal description of Points of Diversion: The point of diversion is the headgate of the LPB Canal, which is located on the South bank of the South Platte River bearing North 44º51’ West 2136 feet from the Southeast corner of Section 25, T4N, R57W, 6th P.M.; ii. Legal description of the Exchange Reach: The exchange from point is the terminus of the Lower Segment of the LPB Canal, as set forth in paragraph 2.D, above. The exchange to point is the headgate of the LPB Canal, as set forth in paragraph 2.D., above; iii. Source of Diversion: South Platte River; iv. Source of Substitute Supply: Replacement water delivered to the South Platte River under the plan for augmentation decreed in Case No. 03CW443 (Water Div. 1); v. Appropriation date: January 8, 2003; vi. Amount: 20 cfs; conditional; vii. Use: Augmentation by recharge through the structures described in the decree in Case No. 3CW443 (Water Div. 1). 4. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: During the diligence period, Applicant has incurred and expended over $1,083,387 in constructing, operating and maintaining the augmentation plan and exchange decreed in Case No. 03CW443 (Water Div. 1), including the LPB Canal, the LPB Recharge Ponds, the LPB Recharge Well, the LPB Augmentation Wells. Applicant has kept regular records of diversions and crop acreages and made all necessary reports to the Division Engineer, and has installed and maintained measuring devices required to administer the augmentation plan and exchange decreed in Case No. 03CW443. The Applicant has made plans to develop the remaining recharge sites described in the decree in Case No. 03CW443 and to divert and beneficially use the portions of the water rights decreed in Case No. 03CW443 that remain conditional, as financial and hydrologic conditions permit. 5. Claim to make absolute in part: A. LPB Recharge Ponds: Construction of the LPB Canal has been completed. During water year 2010, Applicant’s diversions into the LPB Canal pursuant to the 322 cfs conditional water right reached a peak daily maximum of 84 cfs. Accordingly, Applicant requests that 84 cfs of the conditional 322 cfs water right be made absolute. In addition, between 2004 and the present, Applicant constructed and delivered water in the maximum decreed amounts to the following LPB Recharge Ponds: i. LPB Recharge Pond No. 200; 20 cfs; 368 ac-ft; ii. LPB Recharge Pond No. 208; 15 cfs; 28 ac-ft; iii. LPB Recharge Pond No. 212; 15 cfs; 28 ac-ft; iv. LPB Recharge Pond No. 213; 15 cfs; 24 ac-ft; v. LPB Recharge Pond No. 218; 15 cfs; 28 ac-ft; vi. LPB Recharge Pond No. 219; 15 cfs; 80 ac-ft; vii. LPB Recharge Pond No. 220; 15 cfs; 16 ac-ft; viii. LPB Recharge Pond No. 223; 15 cfs; 25 ac-ft; ix. LPB Recharge Pond No. 224; 15 cfs; 20 ac-ft. Accordingly, Applicant requests that LPB Recharge Pond Nos. 200, 208, 212, 213, 218, 219, 220, 223, and 224 be made absolute. B. LPB Recharge Well: Applicant constructed and tested the LPB Recharge Well on September 29, 2003; and the well was again tested on October 6, 2003. During water year 2010, Applicant’s pumping reached a peak daily maximum of 12.74 cfs. Accordingly, Applicant requests that the entire conditional water right of 8.91 cfs be made absolute. C. LPB Augmentations Wells: Construction of all LPB Augmentation wells has been completed. In addition, during water year 2006, Applicant delivered and used for augmentation 2,251 acre-feet of water from LPB Augmentation Well No. 19 at a daily maximum rate of 3.11 cfs. Accordingly, Applicant requests that LPB Augmentation Well No. 19 be made absolute; and that LPB Augmentation Well Nos. 23, 44 and 80 be made absolute, in part. D. Exchange: On June 8, 2013, Applicant operated the exchange at a maximum rate of 7.5 cfs. Accordingly, Applicant requests that 7.5 cfs of the 20 cfs conditional water right be made absolute. F. Remaining Conditional Rights: With respect to any conditional water rights not made absolute during this diligence period, Applicant requests a finding of reasonable diligence and the continuation of the conditional water rights. A report prepared by Applicant’s Engineer, Randy Hendrix, is attached to the Application as Exhibit B, and is on file with the Court. 6. Name(s) and address(es) 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 and modification to the existing storage pool: LPB

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Recharge Pond No. 205, 206, 207, 209, 210, 221, 222, and 227 have not yet been constructed. The names and addresses of the owners of the land on which these recharge ponds will be constructed are set forth in paragraph 2.A, above. The remaining structures have been completed, or are on lands owned by the Applicant.

16CW3112 (10CW48, 03CW269, 94CW107, and 85CW463). Mount Carbon Metropolitan District (“Mount Carbon”), Attn: Bob Blodgett, Manager, CliftonLarsonAllen, 8390 E. Crescent Parkway, Suite 500, Greenwood Village, Colorado, 80111, (303) 779-5710, [email protected]. In JEFFERSON AND DOUGLAS COUNTIES, COLORADO. APPLICATION FOR FINDING OF REASONABLE DILIGENCE Concerning the Application for Water Rights OF MOUNT CARBON METROPOLITAN DISTRICT. District Court, Water Division No. 1, State of Colorado, 901 Ninth Avenue, PO Box 2038, Greeley, CO 80632-2038. 1. Name, address and telephone number of applicant: Mount Carbon Metropolitan District (“Mount Carbon”), Attn: Bob Blodgett, Manager, CliftonLarsonAllen, 8390 E. Crescent Parkway, Suite 500, Greenwood Village, Colorado, 80111, (303) 779-5710, [email protected]. Direct all pleadings to: Kevin J. Kinnear, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, Colorado 80302, (303) 443-6800. 2. Name of structure: Chatfield Reservoir 3. Description of water right: (A) Decree: Findings and Ruling of the Referee, Judgment and Decree of the Court dated June 2, 1988, entered by the District Court in and for Water Division No. 1 (“Water Court”) in Case No. 85CW463. (B)Subsequent Decrees: Mount Carbon’s Chatfield Reservoir water right was continued in full force and effect based on findings of reasonable diligence in Water Court Case Nos. 94CW107, 03CW269, and 10CW48. (C) Legal description: Chatfield Reservoir is formed by the Chatfield Dam, an existing structure located in Sections 6 and 7, Township 6 South, Range 68 West, 6th P.M., and in Section 1, Township 6 South, Range 69 West, 6th P.M., in Jefferson and Douglas Counties, Colorado at 39.547206°N 105.065002°W. (D) Source: The South Platte River and its tributaries, including Plum Creek and its tributaries. (E) Appropriation Date. October 1, 1985. (F) Amount: 800 acre-feet, conditional. (G) Uses: All municipal uses, including domestic, commercial, manufacturing, industrial, stock watering, irrigation, including watering of parks, lawns, and gardens, fire protection, recreation, piscatorial, wildlife, instream uses, sewage treatment, street sprinkling, maintenance of adequate storage reserves, exchange purposes, replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. A map indicating the location of Chatfield Reservoir, and the area to be irrigated including areas throughout the Mount Carbon service area, are indicated on Exhibit A. 4. Detailed outline of work done to complete project and apply water to beneficial use: During the requisite diligence period, Mount Carbon attended meetings and negotiations, and spent in excess of $59,000 on legal and technical consulting, to acquire the right to store water in Chatfield Reservoir as required by paragraph 11 of the Decree entered in Case No. 85CW438. In addition, the subject conditional water right is a part of Mount Carbon’s integrated water system, for which work on one element constitutes work on the entirety. In this regard, Mount Carbon has spent a total of $529,474.72 over the six-year diligence period on engineering, attorneys’ fees, and other consultants for water court proceedings and related matters as an applicant to protect and secure its water supply, including Chatfield Reservoir, in Case Nos. 04CW196 and 04CW197. Mount Carbon participated as an opposer in Case No. 04CW321 during this period. As a result, Mount Carbon has participated in activities relating to its Chatfield Reservoir water right directly and as part of its integrated water supply system, spending almost $600,000 in such efforts during this diligence period. 5. Names and addresses of owners of the land upon which a modification to a storage structure is located and in which water will be stored. The United States Army Corps of Engineers owns Chatfield Reservoir and the land on which it is constructed. The address is: United States Army Corps of Engineers, Attn. Fred Rios, 9307 S. Wadsworth Blvd., Littleton, Colorado 80128. WHEREFORE, Mount Carbon requests entry of a decree determining that it has exercised reasonable diligence with respect to the conditional water rights described herein. (4 Pages and Exhibit/Map).

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16CW3113 Timothy and Jennifer Woods, 635 Grey Eagle Circle, Colorado Springs, CO 80919 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION, DOUGLAS COUNTY. Groundwater to be augmented: 1.5 acre-feet per year for 100 years of not nontributary Upper Dawson aquifer groundwater as decreed in Case No. 03CW240, District Court, Water Division 1, underlying and associated with 9.1 acres being Tract 23, Comanche Pines, which is generally located in the S1/2SW1/4 of Section 6, T8S, R65W of the 6th P.M., Douglas County, as shown on Attachment A hereto (Subject Property). Applicants are the owners of all the groundwater underlying the Subject Property as decreed in Case No. 03CW240. Water rights to be used for augmentation: Return flows from the use of not nontributary Upper Dawson aquifer water and return flows and direct discharge of nontributary groundwater underlying the Subject Property as also decreed in Case No. 03CW240. The Upper Dawson aquifer groundwater will be used for in house use in one residence (0.35 acre-feet), irrigation of lawn, garden, and trees (0.9 acre-feet), stockwatering of up to 4 large domestic animals (0.05 acre-feet), and storage or use in a water feature (0.2 acre-feet). Applicants reserve the right to revise these amounts, values and uses without having to amend or republish this application. Sewage treatment for in house use will be provided by a non-evaporative septic system. Return flows associated with that use will be approximately 90% of water used for that purpose and return flow associated with irrigation use will be approximately 15% of water used for that purpose. During pumping Applicants will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions occur to the Cherry Creek stream system. Return flows accrue to the South Platte River system via Cherry Creek and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an equal amount of nontributary groundwater as decreed in Case No. 03CW240 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. (5 pages).

16CW3114 City of Central, P.O. Box 249, Central City, CO 80427, email: [email protected], telephone: 303-582-5251, c/o Andrea L. Benson, Alperstein & Covell, P.C., 1600 Broadway, Suite 900, Denver, CO 80202, 303-894-8191. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN GILPIN COUNTY. Name of structures: James Peak Reservoir and Echo Lake Reservoir. Describe conditional water right including information from previous decree: Original Decree and Subsequent Diligence Decrees: Both structures were originally adjudicated in Case No. CA14183, Boulder County District Court, by decree dated July 17, 1961. Subsequent diligence decrees have been entered in Case Nos. W-73 by decree dated August 19, 1970, Case No. W-2560 by decree dated September 15, 1975, Case No. W-2560-79 by decree dated April 2, 1980, Case No. 83CW215 by decree dated October 3, 1988, Case No. 88CW90 by decree dated April 28, 1989, Case No. 95CW92 by decree dated July 14, 1997, 03CW289 by decree dated January 22, 2004, and 10CW54 by decree dated August 4, 2010. Legal descriptions: James Peak Reservoir is located in Sections 21 and 28, Township 2 South, Range 74 West, 6th P.M., Gilpin County. Echo Lake Reservoir is located in Section 21, Township 2 South, Range 74 West, 6th P.M., Gilpin County. A map depicting the locations of the reservoirs is attached. Source of water: Natural runoff and drainage, tributary to South Boulder Creek, tributary to the South Platte River. Appropriation Dates: James Peak Reservoir: January 1, 1933. Echo Lake Reservoir: January 1, 1933. Amounts: James Peak Reservoir: 290.5 acre-feet with the right to fill and refill, CONDITIONAL. Echo Lake Reservoir: 275.5 acre-feet with right to fill and refill, CONDITIONAL. Use: Domestic and municipal uses for the City of Central for both reservoirs. Provide a detailed outline of what has been done toward completion of the appropriation as conditionally decreed, including expenditures, during the previous diligence period: The James Peak Reservoir and Echo Lake Reservoir are part of the City’s integrated water supply system which provides water within the City and extraterritorially by agreement. Pursuant to C.R.S. 37-92-301(4)(b), when an integrated system is composed of several features, as is the case here, work on one feature of the system is considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire system. During this diligence period, the City has continued to improve, operate and maintain its

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water distribution system, of which these conditional water rights will be a part. In particular, the City has spent approximately $67,117.00 in the overall maintenance, repair and improvement of its water system infrastructure to enable it to more efficiently and effectively provide water service to its existing and future customers. The City has defended its water rights against applications filed by others in cases where the City has determined that injury to its water rights could occur in the absence of appropriate terms and conditions. During this diligence period, the City has expended approximately $112,382.00 in attorney and engineering fees defending its water rights. In addition, the City has filed its own water court applications to maintain diligence or perfect conditional water rights and for administration of its existing water rights, all of which are part of the City’s integrated water system. During this diligence period, the City has expended approximately $276,734.50 in attorney fees and $332,805.00 in engineering and consulting fees in water court applications pertaining to its conditional water rights and administration of its existing water rights. In addition, after the last diligence application was filed in Case No. 2010CW54, the City negotiated a purchase and sale agreement for land on which the reservoirs are located. On April 26, 2010 the City conveyed ownership of the land to the Wilderness Land Trust. The water rights for James Peak Reservoir and Echo Lake Reservoir were retained by the City of Central. This month the City retained its engineering consultant to conduct an evaluation of the subject water rights for purposes of determining the best method of incorporating them into the City’s integrated water system and to provide an updated valuation of such water rights. Name and address of owner or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. United States of America Attn: USDA Forest Service, Rocky Mountain Region, 740 Simms Street, Golden, CO 80401. Applicant City of Central requests the Court to find that it has exercised reasonable diligence in putting to beneficial use the conditional water rights decreed to James Peak Reservoir and Echo Lake Reservoir.

16CW3115 Murphy Family Partnership LTD and D&J Murphy Properties LTD, c/o Dottie Murphy, 901 Indiana, Suite 140, Wichita Falls, TX 76301 (Bernard F. Gehris, Burns, Figa & Will, P.C., 6400 S. Fiddlers Green Circle, Suite 1000 Greenwood Village, CO 80111 303-796-2626), APPLICATION FOR UNDERGROUND WATER RIGHTS, IN THE NONTRIBUTARY ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS AND THE NOT NONTRIBUTARY DENVER AQUIFER, IN ARAPAHOE COUNTY. 2. Subject Property: 387.31 acres located in Section 36, Township 4 South, Range 64 West, of the 6th P.M., in Arapahoe County, State of Colorado, as described and shown on Exhibits 1-A, 1-B and 1-C. 3. Source of Water Rights: The Denver aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in C.R.S. § 37-90-103(10.5). 4. Estimated Amounts: Applicants estimate the following annual amounts are available under the 387.31 acres: Denver Aquifer, 182.9 acre-feet; Arapahoe Aquifer, 147.0 acre-feet; and Laramie Fox-Hills Aquifer, 82.8 acre-feet. 5. Proposed Use: Domestic, commercial, industrial, irrigation, stockwatering, recreation, fish and wildlife, fire protection, municipal, lease, sale or disposition, augmentation, and reuse, including storage, both on and off the Subject Property. 6. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to C.R.S. §Section 37-92-302(2), and §37-90-137(6), C.R.S. 7. Owner of surface land: Applicants. 8. Remarks: A. Applicants claim the right to withdraw more than the average annual amounts estimated in paragraph 4 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. B. Applicants request the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. Applicants pray that the Court grant a decree approving this Application for Underground Water Rights, and for such other and further relief as may be warranted.

AMENDMENTS

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16CW3067 Groundwater Management Subdistrict of the Central Colorado Water Conservancy District (GMS), 3209 West 28th Street, Greeley, Colorado 80634 (GMS) and Max J. and Mary Ulrich, 19401 WCR 33, LaSalle, Colorado, 80645 (Ulrich) c/o Kim R. Lawrence, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO, 80534, (970)622-8181. AMENDED APPLICATION FOR CHANGE OF WATER RIGHTS IN WELD COUNTY. 2. Amendment. The application is amended to correct the location of the Ulrich West Well and correct the aquifer parameters. The decreed location of the Ulrich West Well is set out in ¶3.2.2. It has been determined the actual location of the Ulrich West Well is in the SE1/4 of Section 27, Township 4 North, Range 66 West of the 6th P.M Weld County at a point 733 feet from the south section line and 1317 feet from the east section line, which is also UTM Coordinates Easting 528518, Northing 4458586, Zone 13, NAD83.The aquifer parameters are X = 19,500 feet, W = 24,100 feet, T = 111, 500 gpd/ft, S = 0.2. Applicants seek correction of the Well location as an “established but erroneously described point of diversion” as defined in §37-92-305(3.6)(a)(II), C.R.S. The remainder of the original application is restated below. 3. Decreed Name of Structures. 3.1. Well No. 1-8492. WDID 0208425, (Ulrich East Well). 3.1.1. Name of Well Owner. Ulrich. 3.1.2. Previous Decree W-3157. A decree was entered in Water Court, Water Division No. 1, Case No. W-3157 on November 12, 1973 adjudicating Ulrich East Well in the SE1/4 SE1/4 of Section 27, Township 4 North, Range 66 West of the 6th P.M Weld County, Colorado at a point 1033 feet North and 420 feet West of the Southeast Corner of said Section 27 in the amount of 1.61 c.f.s with an appropriation date of August 10, 1940 for irrigation of 80 acres in SE1/4 of said Section 27. Exhibit 1. 3.1.3. GMS Contract. The Ulrich East Well is included in the GMS plan for augmentation decreed in Case No. 02CW335 and has GMS Contract No. 751. Exhibit 2. 3.2. Well No. 1-15360. WDID 0208080, (Ulrich West Well). 3.2.1. Name of Well Owner. Ulrich. 3.2.2. Previous Decree W-634. A decree was entered in Water Court, Water Division No. 1, Case No. W-634 on December 13, 1973 adjudicating Ulrich West Well in the SE1/4 of Section 27, Township 4 North, Range 66 West of the 6th P.M Weld County, Colorado more particularly described, considering the South line said Section 27 bears South 30º00’00” East, 1533.40 feet, in the amount of 2.23 c.f.s with an appropriation date of May 31, 1956 for irrigation of 80 acres in the W1/2 SE1/4 of said Section 27. Exhibit 3. The decreed location from the section lines is 1137 feet West and 734 feet North of the Southeast corner of said Section 27. 3.2.3. GMS Contract. The Ulrich West Well is included in the GMS plan for augmentation decreed in Case No. 02CW335 and has GMS Contract No. 1138. Exhibit 4. 4. Proposed Change. Applicants propose to allow Ulrich East Well and Ulrich West Well to irrigate up to 160 acres SE1/4 of Section 27, Township 4 North, Range 66 West of the 6th P.M Weld County, Colorado. See Figure 1. The Wells will be each limited to their decreed flow rate and will only divert the volume of water allocated annually pursuant to their GMS Contract(s) which is currently 157.91 acre-feet consumptive use at 100% quota. 5. GMS can and will make replacement of out of priority depletions from the Wells in accordance with the Decree in 02CW335. 6. Applicants request the Court enter a decree approving a change of use allowing the irrigation of up to 160 acres SE1/4 of Section 27, Township 4 North, Range 66 West of the 6th P.M Weld County, Colorado by Ulrich East Well and Ulrich West Well, limiting each well to its decreed flow rate and limiting the volume of water annually consumed pursuant to the Wells GMS Contract(s) which currently total 157.91 acre-feet consumptive use at 100% quota. Applicants request that Table 1 to the GMS Decree in 02CW335 be amended to reflect the decreed change.

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

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of OCTOBER 2016 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.

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