DISTRICT COURT, WATER DIVISION 1, COLORADO JULY 2015 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 JULY 2015 for each County affected.

15CW18 ROBERT E. GIBBS, PO Box 6, Georgetown, CO 80444. 970-977-0005. Application to Make Absolute in Whole or in Part in PARK COUNTY. Date of original decree: 8-31-01 in case 96CW527, WD1. Subsequent decree: 07-30-09 in case 07CW193, WD1. Well located NE1/4, NW1/4, S1, T8S, R76W of the 6th PM at a distance 160 ft. from North and 2115 ft. from West. Subdivision: Michigan Hill; Lot 134. Source: Ground. Appropriation date: 5-31-79. Amount 15 gpm. Depth: 280 ft. Date applied to beneficial use: 7-25-11. Amount: 7 gpm. Use: Household use only single family dwelling. No irrigation.

15CW19 RICHARD L. AND DEBORAH A. PLATTNER, 1637 Flint Ct., Broomfield, CO 80020. 303-465-5569. Application for Finding of Reasonable Diligence in PARK COUNTY. Date of original decree: 10-11-02 in case 96CW871, WD1. Subsequent decree: 7-21-09 in case 08CW245, WD1. 2 wells Plattner well on Lot 55 and Christensen, aka Plattner well on Lot 56 both located SE1/4 SE1/4 S15, T9S, R75W of the 6th PM. Lot 55 well is at a point approximately 850 ft. from S and 600 ft. from E. Lot 56 well is at a point approximately 1150 ft. from S and 600 ft. from E. both filing 26, Indian Mountain Subdivision and 568 Travois Rd. sosurce: Groundwater. Appropriation date: 5-31-73. Amount: .033 cfs. Use: Household use only in a single family dwelling not including irrigation. The return flow from such uses shall be returned to the same stream system in which the well is located.

15CW20 CARL F. AND TAMARA L. PITCHFORD, 35699 Elkridge Run, Elizabeth, CO 80107. 303-646-1497. Application for Underground Water Rights In The Denver Basin Aquifers in ELBERT COUNTY. Applicant seeks to adjudicate the well, permit 221853, and to adjudicate the non tributary and not nonributary Denver Basin groundwater underlying a 2.61 acre tract of land lying in the NW1/4, NE1/4, S5, T8S, R64W of the 6th PM, including the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers.

15CW3087 GARY FREEMAN, PERSONAL REPRESENTATIVE TO THE ESTATE OF DORIS FREEMAN, 17125 HWY 30, CHAPPELL, NE 69129-6826. Telephone: (308) 566-0215. APPLICATION FOR FINDING OF DILIGENCE IN PARK COUNTY. Name of structure: Freeman well. Date of original decree: 01-25-2002 in case no. 96CW1022 in Water Division 1. Legal description: NW1/4, NE1/4, S22, T9S, R75W of the 6th PM at a distance 250 feet from North and 2640 from East. Street address: 1239 Apache Trail. Subdivision: Indian Mountain, Lot 75, Filing 6. Source: groundwater. Appropriation date: 5-31-1973. Amount: .033 cfs, conditional. Use: Household use only in a single family dwelling not including irrigation. The return flow from such uses should be returned to the same stream system in which the well is located. Intend to develop single family home.

15CW3088, Brian J. Able, Nancy E. Able, and Matthew C. Snogren, 10952 South Pikes Peak Drive, Parker, CO 80138 (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, ELBERT COUNTY. 60.8 acres being the SE1/4NE1/4 and the SE1/2SW1/4NE1/4 of Section 11, T7S, R65W of the 6th P.M., Douglas County, as 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: 19 acre-feet, Lower Dawson: 5 acre-feet, Denver: 32 acre-feet, Arapahoe: 31 acre-feet, Laramie-Fox Hills: 16 acre-feet. Proposed Use: Domestic, commercial, industrial, irrigation, agriculture, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Description of plan for augmentation: Groundwater to be augmented: 6 acre-feet per year for 300 years 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 through individual wells to serve up to 6 residential lots at rates of flow not to exceed 15 gpm. Each well will withdraw 1 acre-foot annually for inhouse use (0.4 acre-feet), irrigation of 8500 square-feet of lawn, garden, and trees (0.5 acre-feet), and stockwatering of up to 8 large domestic animals (0.1 acre-feet). Applicants reserve the right to amend these amounts and values without amending the application or republishing the same. Sewage treatment for inhouse use will be provided by non-evaporative septic systems and return flow from inhouse and irrigation use will be approximately 90% and 15% of that use, respectively. During pumping Applicants will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions occur to the Coal Creek stream system. Return flows accrue to the South Platte River stream system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post pumping augmentation requirements. Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (5 pages). 15CW3089 Sportsman’s Lodge, Inc., c/o Franklin I. Conley, 44174 Poudre Canyon Highway, Bellvue, CO 80512, (970) 881-2272. APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN LARIMER COUNTY. Please send all future correspondence to: Daniel K. Brown; Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Rd, Fort Collins, Colorado 80525, (970)407-9000. 2. Structures: McIsaac Well #1 and McIsaac Well #2, 3. Conditional Water Right: 3.1 Date of Original Decree: Case No. 04CW155 was decreed on July 21, 2009, District Court, Water Division No. 1. 3.2 Legal Descriptions: 3.2.1. McIsaac Well #1. 3.2.1.1. Legal description of well: NE1/4 of the SW1/4 of Section 11, Township 8 North, Range 75 West of the 6th P.M., Larimer County, Colorado, at a point 2,514 feet North and 1,760 feet East of the SW Corner of said Section 11. See Exhibit A attached hereto. 3.2.1.2 Source: Ground water tributary to the Cache la Poudre River. 3.2.1.3 Date of appropriation: June 16, 2004. 3.2.1.4 Amount: 0.05 c.f.s. CONDITIONAL. 3.2.1.5 Use: irrigation and recreational vehicle (“RV”) water supply. 3.2.2 McIsaac Well #2 3.2.2.1 Legal description of well: NE1/4 of the SW1/4 of Section 11, Township 8 North, Range 75 West of the 6th P.M., Larimer County, Colorado, at a point 2,388 feet North and 1,952 feet East of the SW Corner of said Section 11. See Exhibit A attached hereto. 3.2.2.2 Source: Ground water tributary to the Cache la Poudre River. 3.2.2.3 Date of appropriation: June 16, 2004. 3.2.2.4 Amount: 0.11 c.f.s. CONDITIONAL. 3.2.2.5 Use: recharge, augmentation, irrigation and recreational vehicle (“RV”) water supply. 4. Expenditures: Applicant has operated the Sportsman’s Lodge during the entire diligence period and has pumped the Wells for their decreed purposes and in accordance with the plan for augmentation decreed in Case No. 04CW155, District Court, Water Division No.1 (“Original Decree”). Replacement supplies for the operation of the augmentation plan have been released to the river in accordance with the Water Lease Agreement with North Weld County Water District (“North Weld”) dated August 27, 2007, which said lease is incorporated into the Original Decree as Exhibit B. Said lease agreement has been extended by the parties until 2019. Applicant is not, however, seeking to claim any portion of the water rights as absolute during this diligence period. Applicant has reported information to the Water Commissioner concerning the volume of water pumped

on a monthly basis (i.e. gallons per month), but because detailed flow rate information necessary to prove the conditional water rights were made absolute. However, Applicant does claim the pumping that did occur in accordance with the Original Decree as proof of diligence toward completion of the conditional rights awarded in the Original Decree. Additionally, during the diligence period, Applicant continued to maintain this pumping system (including replacing two pumps chlorinators and pressure tank at a cost of approximately $1,200) and report to the Water Commissioner, coordinate replacement supplies with North Weld (including the negotiation of a lease extension), and otherwise comply with the requirements of the Original Decree. The work described herein is illustrative and not exhaustive and Applicant reserves the right to present evidence of additional activities and costs related to proof of diligence at trial. 5. Names and addresses of owners of land 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 which the points of diversion and storage are located: 5.1 Applicant is the owner of the land upon which all structures are located. No new diversion structure(s) or modification to any existing structure(s) will take place. WHEREFORE, the Applicant respectfully requests a judgment and decree of this Court that the Applicant has diligently pursued the completion and perfect of the water rights conditionally decreed in Case No. 2004CW155, and that said water rights shall be continued as a conditional water rights for a period of six years after entry of the Court’s decree herein. 15CW3090, LeAnn Jons-Cox, 30353 Chisholm Trail, Elizabeth, CO 80107 (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, ELBERT COUNTY. 93.55 acres generally located in the NW1/4 and W1/2E1/2 of Section 11, T9S, R65W of the 6th P.M., Elbert 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: 41 acre-feet, Lower Dawson: 23 acre-feet, Denver: 36 acre-feet, Arapahoe: 34 acre-feet, Laramie-Fox Hills: 27 acre-feet. Proposed Use: Domestic, commercial, irrigation, agriculture, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Description of plan for augmentation: Groundwater to be augmented: All available Upper Dawson aquifer groundwater to be decreed and 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 inhouse use in 4 single family residences (0.4 acre-feet), use in a barn or stable (1 acre-feet), stockwatering of 40 large domestic animals (0.5 acre-feet), storage (5 acre-feet), and irrigation of lawn, garden, pasture, hay and trees on the Subject Property (estimated to be 2 acre-feet per irrigated acre using the remaining decreed amount). Sewage treatment for inhouse use will be provided by a non-evaporative septic system and return flow from inhouse 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. Depletions occur to the Running Creek stream system. Return flows accrue to the South Platte River stream system, 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). 15CW3091 COMPLAINT FOR INJUNCTIVE RELIEF, PENALTIES AND COSTS. Plaintiffs, The People of the State of Colorado, Ex Rel, Dick Wolfe, State Engineer for the State of Colorado

and David L. Nettles, Division Engineer for Water Division No. 1 v. Defendant, Fort Morgan Farms, LLC, 5821 W. County Road 54E, PO Box 312, Bellvue, CO 80512. 15CW3092 The City of Aurora, Colorado, a municipal corporation of the Counties of Adams, Arapahoe, and Douglas, acting by and through its Utility Enterprise (“Aurora Water”), 15151 East Alameda Parkway, Suite 3600, Aurora, Colorado 80012, 303-739-7370, c/o John M. Dingess, Esq., and Peter C. Johnson, Esq., Hamre, Rodriguez, Ostrander & Dingess, P.C., 3600 South Yosemite Street, Suite 500, Denver, Colorado 80237, 303-779-0200. APPLICATION TO MAKE CONDITIONAL WATER RIGHTS ABSOLUTE, FOR A FINDING OF REASONABLE DILIGENCE AND TO CONTINUE CONDITIONAL WATER RIGHTS IN ADAMS, ARAPAHOE, DOUGLAS, AND JEFFERSON COUNTIES. Introduction: Applicant City of Aurora, acting by and through its Utility Enterprise, hereby submits the following application to make a portion of its conditional water rights absolute, for finding of reasonable diligence and to continue conditional water rights. 1. Name, address and telephone number of Applicant: City of Aurora, Colorado, acting by and through its Utility Enterprise, 15151 E. Alameda Pkwy. Suite 3600, Aurora, CO 80012-1555, Telephone: (303) 739-7370. 2. Description of conditional water rights (“subject conditional water rights”): 2.1. Name of Structures: 2.1.1. Diversion Structure: Strontia Springs Dam and Reservoir Diversion System. 2.1.2. Storage Structures: 2.1.2.1. Strontia Springs Dam and Reservoir. 2.1.2.2. Aurora Rampart Reservoir. 2.1.2.3. Quincy Reservoir. 2.1.2.4. Aurora Reservoir. 2.1.2.5. East Reservoir. 2.2. Legal Description of Structures: 2.2.1. Strontia Springs Dam and Reservoir Diversion System: The Dam is constructed on the South Platte River in Douglas County, with east-end of dam (right) abutment located at a point from whence the NW corner of Section 21, T7S, R69W, 6th P.M. bears North 52 degrees West a distance of 1,300 feet. The approximate (right) abutment latitude is 39 degrees 25 minutes 56 seconds N & longitude is 105 degrees 07 minutes 31 seconds W. 2.2.2. Location of Other Reservoirs: 2.2.2.1. Aurora Rampart Reservoir: The Aurora Rampart Reservoir is located in the SW1/4 SW1/4, SE1/4 SW1/4, & SW1/4 SE1/4 § 12, and NW1/4 NE1/4, NE1/4 NW1/4, & NW1/4 NW1/4 § 13, T7S, R69W, 6th P.M., Douglas County, Colorado. The approximate (right) abutment latitude is 39 degrees 26 minutes 57 seconds N & longitude is 105 degrees 03 minutes 41 seconds W. This reservoir is an off-channel reservoir. 2.2.2.2. Quincy Reservoir: Quincy Reservoir is located in the following portions of §§ 9 & 10, T5S, R66W, 6th P.M. (within the 18300 Block of Quincy Avenue in Aurora, Arapahoe County, Colorado): The NE1/4, E1/2 NW1/4, & N1/2 SE1/4 of § 9, and the S1/2 NW1/4, N1/2 SW1/4 of § 10. The approximate (right) abutment latitude is 39 degrees 38 minutes 15 seconds N & longitude is 104 degrees 46 minutes 36 seconds W. This reservoir is an off-channel reservoir. 2.2.2.3. Aurora Reservoir: The Aurora Reservoir is an off-channel reservoir located upon Senac Creek, an intermittent stream, in §§ 15, 16, 20, 21 & 22, T5S, R65W, 6th P.M., Arapahoe County, Colorado. The east-end of the dam (right) abutment is located at a point from whence the NW corner of § 15, T5S, R65W, 6th P.M. bears North 45 degrees West a distance of 2,970 feet, Arapahoe County, Colorado. The approximate (right) abutment latitude is 39 degrees 37 minutes 06 seconds N & longitude is 104 degrees 39 minutes 11 seconds W. 2.2.2.4. East Reservoir: As described in paragraph 4.1.2 below, Aurora has narrowed the range of potential sites for East Reservoir. East Reservoir will be located in one of the following alternative locations: 2.2.2.4.1. Site 1: In §§ 14 & 23, T4S, R65W, 6th P.M. in Arapahoe County, Colorado. This will be an off-channel reservoir. 2.2.2.4.2. Site 2(ii): In the S1/2 § 26 and parts of §§ 35 & 36, T4S, R65W, 6th P.M. in Arapahoe County, Colorado. This will be an off-channel reservoir. 2.2.2.4.3. Site 3: 2.2.2.4.3.1. Site 3(i): In §§ 26, 27, 34, & 35, T5S, R65W, 6th P.M., in Arapahoe County, Colorado, or 2.2.2.4.3.2. Site 3(ii): In the E1/2 of §§ 15 & 22, also §§14, 23 & 26, T5S, R65W, 6th P.M. in Arapahoe County, Colorado. This will be an off-channel reservoir. 2.3. Date of Original Decree: July 13, 2009, Case No. 04CW218, District Court, Water Division 1, Colorado. 2.4. Source: The South Platte River and tributaries thereto upstream of the Strontia Springs Dam and Reservoir Diversion Facility. 2.5. Amounts: 2.5.1. Strontia Springs Dam and Reservoir Diversion Facility: 225 cfs. 2.5.2. Storage Structures: The following structures may be filled and refilled year-round as necessary, subject to an aggregate maximum annual limitation of 20,761 acre-feet for all structures in any administrative year (November 1 – October 31). The capacities of these structures is as

follows: 2.5.2.1. Strontia Springs Reservoir: 700 acre-feet. 2.5.2.2. Aurora Rampart Reservoir: 1,365 acre-feet. 2.5.2.3. Quincy Reservoir: 2,693 acre-feet. 2.5.2.4. Aurora Reservoir: 32,129 acre-feet. 2.5.2.5. East Reservoir: 25,000 acre-feet. 2.6. Appropriation Date: August 30, 2004. 2.7. Uses: 2.7.1. Water diverted pursuant to the subject conditional water rights will be used by Aurora within any area capable of being served by these diversion and storage points. Such water will be used in the Aurora municipal water supply system for any water supply obligations of Aurora for itself or with other water supply entities with which Aurora has water supply contracts or agreements. Such water may be directly used or placed into storage for later use for all municipal and domestic purposes including, but not limited to: Fire protection, irrigation of lawns, gardens, parks, private and municipal facilities, sanitary, commercial, manufacturing, mechanical and industrial use, recreational purposes, creation and maintenance of wetlands, stock watering, fish and wildlife propagation, allowable instream uses, if any, revegetation, storage for subsequent use and maintenance of storage reserves, reservoir evaporation replacement, augmentation, exchange and replacement purposes, for use, reuse for successive municipal and domestic uses, disposition following initial use, and reuse for municipal and domestic uses until extinction. 2.8. General Description of Places of Use: 2.8.1. Water diverted pursuant to the subject conditional water rights will be used in Aurora’s current and future service areas served by its municipal water supply and water reuse systems and in any area capable of being served by the diversions and storage points claimed herein. Such water will be placed in the Aurora municipal water supply system for any water supply obligations of Aurora and for use pursuant to trade and other agreement with other water supply entities within the service area for such entities. 2.8.2. Water diverted at the point of diversion for direct use and storage that is not stored in Strontia Springs Reservoir will be transported to the storage facilities described in paragraph 2.2.2 above via pipeline for the uses described above. 3. Integrated Water Supply System: The conditionally decreed water rights described above constitute features of an integrated water system for gathering, treatment and distribution of water operated by Aurora. “When a project or integrated system is comprised of several features, work on one feature of the project or system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system.” C.R.S. § 37-92-301(4)(b). 4. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the previous diligence period: During this diligence period, Applicant undertook the following work in furtherance of this conditional water rights, including the following: 4.1. Aurora’s Diligence Activities Specific to the Subject Conditional Water Rights: 4.1.1. Aurora evaluated the costs of participation in the Chatfield Reservoir Reallocation Project, and ultimately decided not to participate. As a result, Chatfield Reservoir has been removed from this Application. 4.1.2. Aurora has undertaken substantial negotiations to obtain the East Reservoir Property, including an analysis of the viability of several alternative sites. Based on this analysis, Aurora has narrowed the range of potential future sites for East Reservoir by eliminating certain parcels. The revised list of potential sites for East Reservoir is shown in paragraph 2.2.2.4 above. 4.1.3. Aurora is replacing the Aurora Rampart Reservoir access bridge and intake tower as well as upgrading and improving the outlet valve all of which will provide more efficient municipal water supply operations. The entire project will cost approximately $1,500.000, during the subject diligence period Aurora has expended approximately $100,000. 4.1.4. Aurora has undertaken the replacement and upgrading of the Rampart Parallel Pipelines which lead from Aurora Rampart Reservoir to the City of Aurora (and to the Quincy, Aurora and East Reservoir facilities) and valves associated therewith. The entire project will cost approximately $8,000,000 – 10,000,000, during the subject diligence period Aurora has expended approximately $4,000,000. 4.1.5. Aurora through agreements with the Denver Water Board pays approximately 15.7% of certain costs associated with the Strontia Springs Dam and Reservoir Diversion System. The Hayman and Buffalo Creek wildfires of past years resulted in unusually heavy and unexpected siltation of the facility. During the subject diligence period Aurora has expended approximately $829,000 on dredging and other activities to remove the wildfire sedimentation. 4.1.6. During the subject diligence period Aurora has expended approximately $15,000 on other improvements to the Strontia Springs Dam and Reservoir Diversion System facility. 4.2. Aurora’s Legal Protection

Efforts Pertaining to the Subject Conditional Water Rights: 4.2.1. Aurora has actively protected the subject conditional water rights from potential injury by performing monthly reviews of the Water Division 1 Water Court Resume to determine whether the filing of Statements of Opposition was necessary to protect its water rights in Water Division 1, including the subject conditional water rights. Aurora has filed Statements of Opposition in several cases to protect its water rights during this diligence period. Additionally, Aurora’s counsel has continued to participate in pending legal actions to protect the conditional water rights during this diligence period. During the subject diligence period, Aurora expended approximately $498,000 on legal expenses for the aforementioned protection of the subject conditional water rights. 4.3. Aurora’s System-Wide Diligence Activities: During this diligence period, Aurora performed work on other parts of its integrated water supply system that are either necessary for the successful operation of the subject conditional water rights or in furtherance of those rights, including the following: 4.3.1. South Platte River Basin: 4.3.1.1 Prairie Waters Project: During this diligence period, Aurora has expended over $177,213,000 on the construction of several elements of its Prairie Waters Project which allows additional reuse of the subject water rights. 4.3.1.2. Construction of Northern Treatment Plant: Aurora is a member of the Metro Wastewater Reclamation District (“Metro”). Metro is currently constructing its Northern Treatment Plant, which is projected to be operational by 2016. This will facilitate further reuse of the subject water rights. 4.3.1.3. Sand Creek Water Reuse Plant: Aurora operates this 5-million-gallon per day facility to provide treated water for irrigation throughout the city. During this diligence period, Aurora expended over $2,600,000 on improvements and expansion of this facility. 4.3.1.4. Reuse of Lawn Irrigation Return Flows: Aurora performed studies of lawn irrigation return flows throughout Aurora that included various analyses conducted to determine the amount, timing, and location of additional LIRFs within several drainage basins within Aurora’s service area. 4.3.1.5. Water System Master Plan: Aurora updates its Master Plan every five years to identify water storage, transmission, and pumping system improvements needed to meet future growth. Aurora expended over $124,000 during the subject diligence period on this effort. 4.3.1.6. South Platte Exchange: On September 22, 2013, Aurora obtained a decree in Case No. 08CW253, Water Division 1, granting a finding of reasonable diligence and making absolute portions of conditional exchange rights. These water rights allow Aurora to exchange certain reusable water from the confluence of Tarryall Creek and the South Platte River to Spinney Mountain Reservoir. 4.3.1.7. Griswold Water Treatment Plant Renovations: This facility treats a portion of the raw water before it is delivered to Aurora’s customers. Over $1,170,000 was spent by Aurora during this diligence period for improvements to this facility. 4.3.1.8. Wemlinger Water Treatment Plant Expansion: During this diligence period, Aurora spent over $18,000,000 on expansion of the Wemlinger Water Treatment Plant. 4.3.1.9. Automated Meter Reading System: Aurora spent over $42,900,000 during this diligence period for conversion of its manual utility reading system to a fully automated system. 4.3.1.10. Study of Aurora’s Water Needs: During this diligence period, Aurora spent more than $2,000,000 toward engineering and planning studies to assist in determining the City’s future water needs and a plan to meet those needs. 4.3.2. Arkansas River Basin: 4.3.2.1. Case No. 2001CW145, Water Division 2: Aurora completed negotiations with opposers and adjudication of several appropriative rights of exchange in the Arkansas River Basin, which will increase Aurora’s ability to exchange water from the Arkansas River Basin upstream to the Otero Pipeline for conveyance to Aurora’s storages and diversion facilities within the South Platte River Basin. The decree in this case was granted on October 30, 2012. 4.3.2.2. Payment for purchase and lease of Rocky Ford Ditch shares: During this diligence period, Aurora spent over $3,800,000 for repayment of bonds, including principal and interest, that were issued or refunded for the purchase of original Rocky Ford Ditch shares changed in Case No. 83CW18, Water Division 2. 4.3.2.3. Payments to Rocky Ford School District R-2: Aurora and the Rocky Ford School District R-2 entered into an Intergovernmental Agreement on February 7, 2005 under which Aurora agreed to make annual payments to the School District concerning the Rocky Ford Ditch shares. During this diligence period, Aurora made a total of $1,200,000 in annual payments. 4.3.2.4. Payments to Otero County: Aurora and Otero County entered into an Intergovernmental Agreement on February 22, 1994, and amended that Agreement on October 29, 2001 under which Amendment Aurora agreed to make annual payments to Otero County concerning

Aurora’s Rocky Ford Ditch shares. During this diligence period, Aurora made payments of over $214,000. 4.3.2.5. Pueblo Reservoir Storage: During this diligence period, Aurora paid the Bureau of Reclamation over $3,118,000 for use of Pueblo Reservoir. 4.3.2.6. Intergovernmental Agreement with SECWCD: On October 3, 2003, Aurora entered into an Intergovernmental Agreement with the Southeastern Colorado Water Conservancy District (“SECWCD”), replacing an agreement between the parties dated December 7, 2001. Aurora’s use of Fryingpan-Arkansas facilities for certain water rights is discussed under this IGA. During this diligence period, Aurora made payments of approximately $932,000 to SECWCD under this IGA. 4.3.2.7. Intergovernmental Agreement with LAVWCD: Pursuant to an Intergovernmental Agreement with the Lower Arkansas Valley Water Conservation District (“LAVWCD”), Aurora paid approximately $1,000,000 to LAVWCD for the identification and implementation of infrastructure improvements, research, and investigations designed to assist in the permitting or implementation of water leasing programs in the Lower Arkansas Valley, as well as remediation and restoration efforts in the Fountain Creek Corridor. 4.3.2.8. Agreements for Use of the Holbrook System Facilities: On March 1, 2005, Aurora entered into two agreements pertaining to the use of the diversion, conveyance and storage facilities of the Holbrook Mutual Irrigating Company (“Holbrook”). Aurora and Holbrook extended this agreement on February 2, 2010. These agreements implement a program to recapture and store yield from foregone diversions of senior water rights. Aurora completed structural modifications to the Holbrook system facilities and filed a Substitute Water Supply Plan necessary to implement the program. Further, Aurora initiated a study to examine enlargement of the Holbrook Reservoir to further facilitate operations. During this diligence period, Aurora made payments of approximately $184,000 to Holbrook under this agreement. 4.3.2.9. Gravel Pit Storage: Aurora is pursuing gravel pit storage options on the Arkansas River downstream from Pueblo Reservoir to allow storage of its water rights for eventual exchange to Pueblo Reservoir. These stored rights will facilitate Aurora’s Arkansas River Basin operation. During this diligence period, Aurora spent over $100,000 toward this effort. 4.3.3. Colorado River Basin: 4.3.3.1. During this diligence period, Aurora and the City of Colorado Springs negotiated with Objectors in Case No. 95CW272(A), Water Division 5, and entered into Stipulations with many of the Objectors in that case, which adjudicated changes of water rights and augmentation plans and exchanges involving the Homestake water rights. A decree was granted in this matter on March 16, 2011. 4.3.3.2. Homestake Project: Work was done on the Homestake Diversion Channel to reduce erosion, including riprap and installation of a new roadway culvert. Additionally, Homestake Reservoir underwent resurfacing and improvement. Once water is transported over the continental divide through the Otero Pump Station and Homestake Pipeline, it is then transported to Spinney Mountain Reservoir in the South Platte Basin. 4.3.3.3. During this diligence period, Aurora prosecuted Case No. 2009CW17, Water Division 5. On October 10, 2010, the Division 5 Water Court entered a decree confirming diligence and continuing in effect the conditional water rights originally decreed in Case No. 98CW270, which comprise part of the Homestake Project. 4.3.3.4. On June 21, 2004, the City of Aurora entered into an additional Water Exchange Agreement with the Eagle Park Reservoir Company, the Colorado River Water Conservation District, the Eagle River Water and Sanitation District, the Upper Eagle Regional Water Authority, and Vail Associates, Inc. to supplement a 1998 Water Exchange Agreement. This agreement affects operations of the Homestake water rights and deliveries of reusable water to Aurora. On January 5, 2010, the City of Aurora entered into a Consolidated Water Exchange Agreement to supplement and merge and consolidate the 1998 and 2004 Agreements. 4.3.3.5. During this diligence period, Aurora has negotiated and executed a Recovery Action Plan Participation Agreement with the Northern Colorado Water Conservancy District, and a Ruedi Insurance Water Cost Participation Agreement with the City and County of Denver. The purpose of these agreements is to mitigate the impacts of transmountain diversions to Colorado’s front range in order to support the Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin. 4.3.4. Protection Efforts: During this diligence period, Aurora made expenditures in excess of $240,000 for legal services for participation in Water Divisions 2 and 5 cases to protect the rights and interests of Aurora with regard to its water supply system, including the subject conditional water rights. 5. Claims to make absolute: 5.1. Name of Water Right: Strontia Springs Dam and Reservoir Diversion

System. 5.2. Date of application to beneficial use: May 16, 2015. 5.3. Amount: A rate of 225 cfs and a volume of 474 acre-feet, absolute. 5.4. Type of use: Water diverted pursuant to the subject conditional water rights was and will be used by Aurora within any area capable of being served by these diversion and storage points. Such water will be used in the Aurora municipal water supply system for any water supply obligations of Aurora for itself or with other water supply entities with which Aurora has water supply contracts or agreements. Such water may be directly used or placed into storage for later use for all municipal and domestic purposes including, but not limited to: Fire protection, irrigation of lawns, gardens, parks, private and municipal facilities, sanitary, commercial, manufacturing, mechanical and industrial use, recreational purposes, creation and maintenance of wetlands, stock watering, fish and wildlife propagation, allowable instream uses, if any, revegetation, storage for subsequent use and maintenance of storage reserves, reservoir evaporation replacement, augmentation, exchange and replacement purposes, for use, reuse for successive municipal and domestic uses, disposition following initial use, and reuse for municipal and domestic uses until extinction. Pursuant to C.R.S. § 37-92-301(4)(d), Applicant claims the subject conditional water rights as absolute for all of the above-described types of use. 5.5. Evidence that diversion was made in priority: Applicant’s water rights accounting data demonstrates that the above-referenced diversion was made in priority. 6. 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: 6.1. The Applicant owns, or prior to construction, will have rights to use the property where each of the facilities is or will be located. At present, the following parties own the land: 6.1.1. Strontia Springs Dam and Reservoir and the Diversion System is owned by the City and County of Denver, acting by and through its Board of Water Commissioners (1600 West 12th Avenue, Denver, Colorado 80204-3412). Land underlying the facility is owned by the Bureau of Land Management (2850 Youngfield Street, Lakewood, Colorado 80215-7076). Aurora has a right by contract to use this facility. 6.1.2. The Aurora Rampart Reservoir is owned by Aurora. 6.1.3. Quincy Reservoir is owned by Aurora. 6.1.4. Aurora Reservoir is owned by Aurora. 6.1.5. The East Reservoir sites described herein are owned by the parties listed on the attached Exhibit A. WHEREFORE, the Applicants respectfully request that this Court enter a decree: (1) finding that the Applicants have exercised reasonable diligence in the development of the above-referenced conditional water rights; (2) confirming that the above-described conditional water rights are part of an integrated water system and that due diligence as to any one component constitutes due diligence on all parts of such system; (3) awarding absolute water rights in the amounts described above; and (4) continuing the remaining conditional amounts of the subject water rights in full force as decreed; and for such other and further relief as this Court deems just and proper. 15CW3093, Pinos Creek Living Trust, 10243 Inspiration Drive, Parker, CO 80138 (James Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY SOURCE AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NOT NONTRIBUTARY UPPER DAWSON AQUIFER, DOUGLAS COUNTY. Subject Property: 48 acres located in the SW1/4SW1/4 and the W1/2NW1/4SW1/4 of Section 5, T6S, R65W of the 6th P.M., 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. Applicant will decree 1 acre-foot per year of the available Upper Dawson aquifer groundwater underlying the Subject Property for use in the augmentation plan requested herein. Proposed Use: Domestic, including irrigation, stockwatering, and augmentation purposes. Jurisdiction: The Water Court has jurisdiction over the subject matter of this application pursuant to Section 37-92-302(2), and 37-90-137(6), C.R.S. Description of plan for augmentation: Groundwater to be augmented: 1 acre-foot per year of the not nontributary Upper Dawson aquifer groundwater as requested herein. Water rights for augmentation: Return flows from the use of not nontributary Upper Dawson aquifer and return flows from or direct discharge of nontributary ground water underlying the land as decreed in Case No. 08CW589. Statement of plan for augmentation: The

Upper Dawson aquifer groundwater will be used for inhouse use in one residence (0.35 acre-feet per year), irrigation of 10,000 square-feet of irrigated area and trees (0.6 acre-feet per year), and stockwatering of up to four large domestic animals (0.05 acre-feet), through an existing Upper Dawson aquifer well located on the Subject Property (Permit No. 119146-A). Sewage treatment for inhouse use will be provided by non-evaporative septic system. Return flows associated with in-house use will be approximately 90% of water used for that purpose and return flow associated with irrigation use will be 10% 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 systems. Return flows accrue to the South Platte River stream system via the Cherry Creek stream system, 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 decreed in Case No. 08CW589 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. (6 pages). 15CW3094 Fox Acres Community Services, Inc., c/o Ted Carter, P.O. Box 38, Red Feather Lakes, CO 80545, 970-881-2668, Campbell Development, Inc. P.O. Box 272525, Fort Collins, CO 80527-2525, 970-223-2205, and HiddenLakes Golf and Trout Club, LLC, c/o Larry Lyon, (“Applicants”). APPLICATION TO MAKE WATER RIGHTS ABSOLUTE OR IN THE ALTERNATIVE FOR FINDING OF REASONABLE DILIGENCE IN LARIMER COUNTY. Future correspondence and pleadings to: Daniel K. Brown, Sara J.L. Irby, Fischer, Brown & Gunn, P.C., 1319 E. Prospect Rd., Fort Collins, CO 80525, (970) 407-9000. 2. Structures: Fox Acres Reservoir No. 3, a/k/a Lake Nootka and Lower Fox Acres Reservoir No. 3, a/k/a Lake Cayuse. 3. Water Rights Conditions (as to each structure): A. Fox Acres Reservoir No. 3: Original Decree: November 15, 1979; Case No. W-9293-78, District Court, Water Division No. 1, Weld County, CO. B. Lower Fox Acres Reservoir No. 3: Original Decree: November 15, 1979; Case No. W-9294-78, District Court, Water Division No. 1, Weld County, CO. C. Location: Fox Acres Reservoir No. 3 is located in the SE1/4 SE1/4, Section 22, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado, at a point North 50º 48' 30" West 1187.60 feet from the SE corner of Section 22. Lower Fox Acres Reservoir No. 3 is located in the SE1/4 SE1/4, Section 22, Township 10 North, Range 73 West of the 6th P.M., Larimer County, Colorado, at a point North 12º 03' 33" West 1248.00 feet from the SE corner of Section 22. Both reservoirs are depicted in Exhibit A, attached hereto and incorporated by reference. D. Source: As to both reservoirs: Wildcat Creek, runoff and seepage. E Appropriation dates: Fox Acres Reservoir No. 3: June 1, 1974. Lower Fox Acres Reservoir No. 3: July 1, 1975. F. Amounts: Fox Acres Reservoir No. 3: 49.2 acre feet, conditional for domestic purposes. Lower Fox Acres Reservoir No. 3: 4.1 acre feet, Conditional for domestic purposes. G. Conditional Use: Fox Acres Reservoir No. 3 and Lower Fox Acres Reservoir No. 3 were both originally decreed for irrigation and domestic purposes. The irrigation use has been made absolute in prior proceedings. The domestic use remains conditional. 4. Claim to Make Absolute: Pursuant to C.R.S. § 37-92-103, as amended by Senate Bill 13-041, Applicants seek to decree the remaining conditional domestic use absolute in the following amounts: 49.2 acre feet for Fox Acres Reservoir No. 3 and 4.1 acre feet for Lower Fox Acres Reservoir No. 3. The foregoing amounts have been stored in priority previously for purposes of making the irrigation use absolute, and said amounts have also been stored in priority during 2014-2015. 5. In the event that for whatever reason the Court concludes that any portion(s) of the foregoing conditional water rights has not been made absolute, Applicants request said portion(s) continue as conditional and further provide the following outline of what has been done toward completion of the conditional appropriations: During this diligence period, Applicants continued with the development of its integrated water system, by making improvements designed to increase maximum efficiency and conserve water throughout its system. These improvements included eliminating or reducing the arc coverage on its sprinkler heads to maximize the conservation of water and upgrading the electronic controls in its pump house. The cost of these improvements totaled approximately $36,000.00. Additionally, Applicants continued to upgrade its

waste water treatment plant and related facilities with improvements totaling more than approximately $185,000.00. Applicants also expended approximately $5,000.00 in labor and equipment to remove rock from its property for rip rap used to improve the dam on Lake Cayuse. Finally, during this diligence period, Applicant Fox Acres Community Services acquired additional water rights. Such water will be used to supplement Applicants’ replacement water sources for its decreed exchanges and/or water to be used for domestic purposes. In total Applicants expended approximately $625,000.00 towards improving its overall integrated water system. The water stored in the reservoirs is part of an integrated domestic water supply system, and the work done on the total system is applicable in showing diligence in regard to the conditionally decreed domestic rights. 6. Name(s) and address(es) of 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: Trust of Mary Ross Quaintance, c/o Leo Bradley, P.O. Box 465, Morrison, CO 80465. WHEREFORE, Applicants pray that this Court issue its finding and determination that Applicants have made the following water rights absolute for domestic purposes: 1) Fox Acres Reservoir No. 3 in the amount of 49.3 acre feet and 2) Lower Fox Acres Reservoir No. 3 in the amount of 4.1 acre feet. In the alternative, to the extent the Court concludes that any portion of the foregoing water right(s) have not been made absolute, the Applicants request a finding and determination from the Court that the Applicants have exercised due and reasonable diligence during the six years following entry of the decree in Case No. 06CW265 toward completion or for completion of the appropriation and application of water therein decreed, and Applicants further pray that this Court continue in full force and effect any such conditional water right(s) for an additional six-year period, and for such other relief as the Court may deem proper. 15CW3095 The New Cache la Poudre Irrigating Company, 33040 Railroad Avenue, P.O. Box 104, Lucerne, CO 80646, (970) 352-0222. Attn: Dale Trowbridge. APPLICATION WATER STORAGE RIGHTS AND TO ADD WELLS TO THE DECREE IN CONSOLIDATED CASES 04CW25/06CW294 IN WELD COUNTY. Future correspondence and pleadings to: Daniel K. Brown, Fischer, Brown & Gunn, P.C., 1319 E. Prospect Rd., Fort Collins, CO 80525, (970) 407-9000. 2. Reservoir: New Cache Agricultural Pond 1 (“New Cache Pond” or “Pond”). 3. Legal Description of Reservoir: The Pond will be constructed upon a parcel of land approximately 35 acres in size located in the E1/2 of the SW1/4 of Section 6, Township 5 North, Range 64 West of the 6th P.M., See Exhibit A for complete legal description, hereinafter the “Property.” The Pond will be a constructed, lined, off-channel pit; there is will be no dam. See Exhibit B for a depiction of the proposed Pond. 4. Sources: Surface and groundwater tributary to the South Platte River. 5. Legal Description of Points of Diversion: A. If Applicant is able to reach an agreement with the Ogilvy Ditch Company to use the Ogilvy Canal, Applicant intends to fill the Pond via the Ogilvy Canal, the headgate, which is located on the North bank of the Cache la Poudre River within the SE1/4 of the SE1/4 of the SW1/4 of Section 4, Township 5 North, Range 65 West of the 6th P.M. in Weld County. B. Applicant also intends to divert ground water from a well field of up to six wells (“Wells”) to be located on the Property. C. Applicant owns approximately 300 feet of river frontage on the Property and also intends to pump water directly from the river at up to three pump stations located along this river frontage in the SE1/4 of the SW1/4 of Section 6, Township 5 North, Range 64 West of the 6th P.M. 6. Appropriation: A. Dates of appropriation: For all water rights, the date of the filing of this application. B. How appropriation was initiated: The board of directors of the Applicant resolved that this application be filed. C.Date water applied to beneficial use: n/a. 7. Amount Claimed: A. Storage of up to 200 acre feet, CONDITIONAL, with a right to fill and re-fill when in priority. B. Rate of diversion for filling the reservoir: a. Ogilvy Canal: Up to 20 cfs, CONDITIONAL. B. From Wells: Up to 15 cfs for each of the Wells, CONDITIONAL, and collectively from the Wells not to exceed 15 cfs. C. From the Pump Stations: Up to 15 cfs for each of the Pump Stations, CONDITIONAL, and collectively from the Pump Stations not to exceed 15 cfs. 8. Proposed Uses: Diversion and storage for irrigation, augmentation/replacement, commercial/industrial, piscatorial, recreational and replacement of evaporation. In particular, Applicant proposes to use the water rights for

the replacement of well depletions and return flow obligations in Consolidated Cases 04CW25/06CW295, District Court, Water Division No.1 (the “Lower Poudre Augmentation Plan”). Applicant acknowledges that the water rights can’t be used in the Lower Poudre Augmentation Plan until the water is added to the decree in Consolidated Cases 04CW25/06CW295 (“LPAC Decree”) pursuant to paragraph 24.2 of the LPAC Decree. Applicant also intends to use the water rights decreed herein for supplemental irrigation within the Applicant’s service area consisting of approximately 40,000 acres located in the following Sections (see map attached hereto as Exhibit C): Sections 2,3,4,5,6 Township 5 North, Range 64 West; Sections 1,2,3,4, Township 5 North, Range 65 West; Sections 4 through 9, 16-21 and 29 through 31, Township 6 North, Range 63 West; Sections 7,12,13,14, and 17 through 36, Township 6 North, Range 64 West; Sections 1, 10 and 12 through 30 and 32 through 36, Township 6 North Range 65 West; Sections 13,14,15,16,17, 19 through 30, and 33 through 36, Township 6 North, Range 66 West; Sections 15 through 29, Township 6 North, Range 67 West; Sections 11,12,13, 14 and 24, Township 6 North Range 68 West, all in the 6th P.M. The water will be diverted for use within the Applicant’s service area by exchange. However, no exchange is plead herein or will be decreed in this matter. The water right will also be used for oil and gas development purposes pursuant to contracts with third parties, and for in situ recreation and piscatorial uses. 9. Total capacity of reservoir in acre feet: Up to 200 acre feet. 10.Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new or existing diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. Applicant is the owner of the Property. The Ogilvy Canal is owned by the Ogilvy Ditch Company, c/o Don Wacker, 28639 Weld County Road #58 1/2, Greeley, CO 80631. 11. Wells to be Included in the Lower Poudre Augmentation Plan. With this Application, Applicant is also seeking to add the Wells to the Lower Poudre Augmentation Plan as “new wells” pursuant to paragraph 24.1.1 of the LPAC Decree. All pumping from the Wells shall be considered 100% depletive. Glover parameters for the Wells will be developed when the locations of the Wells on the Property are determined. The Wells shall be pumped in accordance with the terms, conditions and requirements of the LPAC Decree. 15CW3096 Ground Water Management Subdistrict of the Central Colorado Water Conservancy District and the Well Augmentation Subdistrict of the Central Colorado Water Conservancy District, 3209 West 28th Street, Greeley, CO 80634, (970) 330-4540. Application for Finding of Reasonable Diligence and to Make Absolute in Part, in WELD COUNTY. Please send future correspondence and pleadings to: Kelly J. Custer, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Ste. 1, Johnstown, CO 80534. 2. Name of Structure: Shores Lake; 2.2 Original Decree: Case No. 00CW83, Weld County District Court, entered July 22, 2009. 2.2 Legal Description: In the SE1/4 of the NE1/4 and E1/2 of the SE1/4 of Section 2, W1/2 of the SW1/4 and S1/2 of the NW1/4 and SW1/4 of the NE1/4 of Section 1, all in Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. 2.3 Sources: 2.3.1. Godding Hollow. Seepage and drainage water from 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. Weld County, Colorado and flows north to Shores Lake and unnamed draws draining into Godding Hollow. 2.3.2. Mayfield Hollow. Seepage and drainage water from Mayfield Hollow which originates in the W1/2 of Section 19, Township 2 North, Range 67 West of the 6th P.M. Weld County, Colorado and flows north to Shores Lake and unnamed draws draining into Mayfield Hollow. 2.3.3. Cole Seepage Ditch. Seepage and drainage water from the Cole Seepage ditch the headgate of which is on the East bank of Godding Hollow at a point about 1155 feet North and 1073 feet East of the Southwest corner of Section 1, Township 2 North, Range 68 West, 6th P.M. 2.3.4. Boulder Creek through the Rural Ditch, The headgate of the Rural Ditch diverts water from Boulder Creek in the Northeast 1/4 of Section 20, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. 2.3.5. Boulder Creek through the Godding Ditch. The Godding Ditch, aka the Highland South Side Ditch, diverts water from Boulder Creek in the NE1/4 NW1/4 SW1/4 of Section 21, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. 2.4. Dates of Appropriation and Amounts. 2.4.1. May 31, 2000, 3,500 acre-feet, conditional, with the right to refill, conditional. 2.4.2. October 7, 2002, 1,000 acre-feet, conditional.

2.4.3. August 12, 2008 for the use of the Godding Ditch as a point of diversion to storage, conditional, of the amounts in ¶2.4.1 and ¶2.4.2. The total amount of storage from all sources and points of diversion shall not exceed the amounts set forth in ¶2.4.1. and ¶2.4.2. 2.5. Use: Recreation, fish, wildlife, augmentation and replacement. Recreation, fish and wildlife uses will take place within the reservoir’s high water line. Augmentation and replacement will take place anywhere within the geographical boundaries of the Applicants. Applicants intend to fully utilize the water claimed 100% to extinction to the extent it is feasible to account for the same. 3. 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, Applicants have stored water and released water from the reservoir for augmentation and replacement uses in connection with the plan for augmentation decreed in Case No. 03CW99 for replacing well depletions and return flow obligations from other sources of replacement water. In-place uses for recreation, fish and wildlife purposes have also occurred. Applicants adjudicated appropriative rights of exchange for which the subject water rights are a source of substitute supply in Case No. 05CW331 decreed on October 7, 2011. GMS and WAS individually or together adjudicated changes of water rights in Case Nos.: 04CW276 decreed November 20, 2009; 07CW06 decreed April 7, 2010; 05CW79 decreed September 23, 2009; 01CW255 decreed May 6, 2010; 05CW223 decreed January 24, 2011; 10CW173 decreed May 22, 2012; 11CW20 decreed October 18, 2013; 12CW163 decreed April 14, 2014; and 14CW3006 decreed June 10, 2015; in all of which the Shores Lake water rights are included as a source of replacement of return flows. At the Shores reservoir facility, Applicants incurred expenses for engineering, construction, installation of electrical facilities, fuel for water pumps, carriage fees, and repairs necessitated by flood events. The total expenditures at Shores Lake during the diligence period exceeded $1.8 million. Additional sums were spent on legal and engineering fees in the water court cases listed above. 4. If claim to make absolute in whole or in part: 4.1. Dates water rights were diverted to storage: Applicants stored water under the decreed water rights in each year of the diligence period. The maximum amount stored in any year was 775.42 acre-feet, which was stored during the time period March 12 – March 31, 2010. This amount is the total diverted from all sources listed in paragraph 2.3 above during the stated time period. 4.2. Use: the impoundment of water for storage for the above-described decreed uses. 4.3. Applicants have assembled diversion records from Central’s files and from the Colorado Division of Water Resources, along with call records, which demonstrate that the amount claimed absolute was diverted in priority. Such records are available to any party upon request. 4.4. Description of place of use where water is applied to beneficial use: Shores Lake as described above. 5. Names(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. Applicants own Shores Lake. Shores Lake is located on parcels owned by Hall-Irwin Aggregates, Inc., 301 Centennial Drive, Milliken, CO 80543. The Rural Ditch is owned by the Rural Ditch Company, P.O. Box 1826 Longmont, CO 80502-1826. The Godding Ditch is owned by the Godding Ditch Company, P.O. Box 1826, Longmont, CO 80502-1826. Wherefore, Applicants request the court to enter a decree finding that Applicants have been diligent in the development of the water rights, that a portion of the water rights has been made absolute in the amount claimed, continuing the remaining water rights as conditional, and such other and further relief as the court finds just. 5 pages, 0 exhibits.  15CW3097 Empire Dairy, LLC (“Empire Dairy”) 1473 County Road S Wiggins, CO 80654-9605, through their attorneys Petrock & Fendel, P.C., Frederick A. Fendel, III, Atty. Reg. #10476, Matthew S. Poznanovic, Atty. Reg. #29990, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION FOR CORRECTION TO AN ESTABLISHED BUT ERRONEOUSLY DESCRIBED POINT OF DIVERSION PURSUANT TO C.R.S. § 37-92-305(3.6) AND TO ADD WELL TO PLAN FOR AUGMENTATION, IN WELD AND MORGAN COUNTIES. 2. Summary of Application. Empire Dairy’s augmentation plan was decreed in Case No. 12CW18 on December 18, 2014. Paragraph 14 of the Case No. 12CW18 decree allows wells to be added to the augmentation plan

as augmented structures by application to the water court and according to terms and conditions. Pursuant to Paragraph 14 of the Case No. 12CW18 decree, Empire Dairy seeks to add the well with Structure ID No. 0105028 (the “Well”) to the augmentation plan as an augmented structure that will be used for irrigation of 153.5 acres as described in Paragraph 5.2. The Well previously operated pursuant to substitute water supply plans approved by the Office of the State Engineer for Groundwater Appropriators of the South Platte River Basin, Inc., and substitute water supply plans approved for Orphan Wells of Wiggins, LLC while Case No. 04CW84 was pending. The Well was last pumped in October 2006, and there are no out of priority depletions from prior use of the well that require replacement. Empire Dairy also seeks to correct an error in the decreed location of the Well to its physical location pursuant to C.R.S. § 37-92-305(3.6). 3.Description of Well to be added to the Case No. 12CW18 augmentation plan and for which a correction of location of point of diversion is requested. 3.1 Structure ID No. 0105028 3.2 Permit No. 14129-R-R 3.3 Decree: Civil Action No. 16704, Claim No. 348, Decree No. 461, entered March 26, 1971. 3.4 Decreed Location: SE1/4 NE1/4 Section 12, Township 4N, Range 61 W of the 6th P.M., Weld County at a point 2,361 feet South and 527 feet West of the Northeast section corner. 3.5 Date of Appropriation: Spring, 1948. 3.6 Source of Water: Groundwater tributary to the South Platte River. 3.7 The decreed amount of appropriation is 1,700 gpm. Pursuant to Permit No. 14129-R-R, the average annual amount of groundwater to be appropriated shall not exceed 900 acre-feet. 3.8 Decreed Use: Irrigation 3.9 Place of Use: The well irrigates 400 acres located in the NE1/4 Section 12 and the S1/2 of Section 1, all in Township 4N, Range 61W, 6th P.M. 4.Description of Correction of Established but Erroneously Described Point of Diversion for Well. Replacement Well Permit No. 14129-R-R was issued May 19, 1999. Pursuant to Well Permit No. 14129-R-R, the point of diversion for the Well was relocated to its current physical location in the SE1/4 of the NE1/4 of Section 12, Township 4N, Range 61W, 6th P.M., Weld County, Colorado with a Northing (UTM y) of 4464669 and Easting (UTM x) of 572082, and the Well has diverted at its current physical location. The physical location of the Well is 530 feet from the decreed well location. 5.Description of Addition of the Well to the Case No. 12CW18 Augmentation Plan. 5.1Description of Depletions to be Augmented: Depletions from the Well will occur to the South Platte River in a reach from Section 17, Township 4N, Range 60 W, 6th P.M. through Section 26, Township 4N, Range 58W of the 6th P.M., all in Morgan County, Colorado. 5.2 Empire Dairy owns 50% of the Well. Walter Thomas Jones and Edward Jones (“Jones”) own the remaining 50% of the Well. Empire Dairy has rights to 50% of the use and operation and water from the Well. When operated according to the Case No. 12CW18 augmentation plan, Empire Dairy will pump up to 450 acre-feet per year from the Well for irrigation of 153.5 acres located in the NE1/4 Section 12, Township 4N, Range 61W, 6th P.M. as described on the attached Exhibit 1. 5.3 Terms and Conditions. The amount of well pumping depletions shall be calculated pursuant to the terms of the Case No. 12CW18 decree. Sprinkler irrigation use will be considered 80% consumptive, flood irrigation use will be considered 60% consumptive and drip irrigation will be considered 95% consumptive. The timing of depletions from operating the Well according to the Case No. 12CW18 augmentation plan will be calculated. The augmentation sources included in the Case No. 12CW18 decree will be used to replace out-of-priority depletions to the South Platte River from use of the Well, including out-of-priority post-pumping depletions, to the extent necessary to prevent injury to other water rights. Replacement of out-of-depletions will be made according to the terms and conditions and at locations approved in the Case No. 12CW18 decree. Pumping will be limited so depletions do not exceed the available augmentation supply. Empire Dairy proposes to measure the amount of water produced from the Well for irrigation pursuant to the Case No. 12CW18 augmentation plan separately from any amount of water produced from the well by Jones for other uses not covered by the Case No. 12CW18 augmentation plan. 5.4 The addition of the Well as an augmented structure under the Case No. 12CW18 plan for augmentation will not cause any material injurious effect to the owner or user of any vested water rights or decreed conditional water rights. 6. Empire Dairy is the owner of land on which the Well is located. 7. The following document is filed with this application and is available from the Water Clerk, or from counsel for Empire Dairy: Map attached as Exhibit 1 showing physical location of the Well and the irrigated lands. WHEREFORE, Applicant prays that this Court enter a decree granting the application requested herein to correct the

location of the Well and add the Well to the Case No. 12CW18 plan for augmentation, finding that the addition of the Well to the Case No. 12CW18 plan for augmentation requested herein will prevent injury to owners and users of vested and conditional water rights, and the physical location of the point of diversion for the Well is an established but erroneously described point of diversion, and for such other and further relief as may be warranted. (6 pages, including exhibit 1) AMENDMENTS 12CW303 CITY OF BLACK HAWK, c/o Director of Public Works, P.O. Box 68, Black Hawk, Colorado 80422, Telephone: (303) 582-1324, c/o Harvey W. Curtis, Esq., Harvey W. Curtis & Associates, 8310 South Valley Highway, #230, Englewood, Colorado 80112, Telephone: (303) 292-1144. THIRD AMENDED APPLICATION FOR CHANGES OF WATER RIGHTS, PLAN FOR AUGMENTATION, AND CONDITIONAL APPROPRIATIVE RIGHTS OF EXCHANGE, IN GILPIN, CLEAR CREEK, JEFFERSON, ADAMS, BROOMFIELD, DENVER, ARAPAHOE AND WELD COUNTIES. AMENDMENT TO APPLICATION: The original Application in this matter was filed with the District Court for Water Division No. 1 on December 28, 2012, and an Amended Application was filed in this matter on January 14, 2013. A Second Amended Application was filed on November 30, 2013, and published in the Division 1 Water Court resume for November 2013. This case is set for trial as a firm setting beginning December 5, 2016. Applicant has filed its expert disclosures pursuant to C.R.C.P. 26(a)(2), and will supplement its expert disclosures by August 24, 2015. The objectors have filed their expert disclosure pursuant to C.R.C.P. 26(a)(2), and will supplement said disclosures by January 11, 2016. The following provision of the Second Amended Application are hereby amended as follows: IV. APPROPRIATIVE RIGHTS OF SUBSTITUTION AND EXCHANGE. C. Points at which the City of Black Hawk shall make substitute supplies available (exchange-from points) to allow diversion by exchange at the exchange-to points: 4. Church Ditch Headgate. Described in paragraph II.A.4., above. 5. Black Hawk’s Church Ditch Augmentation Station. Water will be returned to Clear Creek through an augmentation station located at a point on the North bank of Clear Creek in the NE1/4 NE1/4 of Section 32, T 3 S., R 70 W., of the 6th P.M., Jefferson County, Colorado. Additional Information. Number of pages in Third Amended Application: 84 pages, including 57 pages of Exhibits. A copy of the original Application, as amended, with exhibits, can be obtained by contacting Applicant’s attorneys at the address and phone number listed above, or by e-mail at firm@curtis-law.com. 14CW3176 CITY OF FORT COLLINS, John Stokes, Director of Natural Areas Department, 1745 Hoffman Mill Road (80524), P.O. Box 580, Fort Collins, CO 80522. Attorneys for Applicant: Stuart B. Corbridge, Geoffrey M. Williamson, Leila C. Behnampour, Vranesh and Raisch LLP, 1720 14th Street, Suite 200, Boulder, CO 80302. FIRST AMENDED APPLICATION FOR CHANGES OF WATER RIGHTS, ABSOLUTE WATER RIGHTS, INCLUDING STORAGE OF SURFACE AND GROUND WATER, APPROVAL OF PLAN FOR AUGMENTATION, AND CONDITIONAL APPROPRIATIVE RIGHTS OF SUBSTITUTION AND EXCHANGE. 1. In its original application, Fort Collins requested approval of: (1) changes of water rights for Fort Collins’ portion of the water right decreed to the John G. Coy Ditch and the water rights represented by Fort Collins’ shares in the Box Elder Ditch Company; (2) absolute water rights for several off-channel unlined ponds that are reclaimed gravel mining pits, including the right to store surface and ground water; and (3) a plan for augmentation to replace the out-of-priority depletions that occur from Fort Collins’ ownership and use of those ponds. In this First Amended Application, Fort Collins amends its original claims to: (1) add additional alternate points of diversion for the requested changes of water rights; (2) add a request for approval of conditional appropriative rights of substitution and exchange; (3) add additional sources of replacement water to the plan for augmentation; and (4) amend the description of the plan for augmentation to address the replacement of out-of-priority depletions that may occur from periodic dewatering operations conducted by Fort Collins in some of the pond structures identified in the plan. Fort Collins continues its claims for

approval of changes of water rights for its portion of the Coy Ditch water right and water rights represented by Fort Collins’ Box Elder Ditch shares, and its claims for absolute water rights. This First Amended Application includes a complete statement of the claims sought by Fort Collins in this matter, and it replaces the original application in its entirety. APPLICATION FOR CHANGES OF WATER RIGHTS. 2. Decreed water rights for which change is sought: a. John G. Coy Ditch. i. Name of structure: John G. Coy Ditch (also known as the “Coy Ditch”). ii. Date of original and all relevant subsequent decrees: The water right for the Coy Ditch was originally decreed by the Larimer County District Court on April 11, 1882, in Civil Action No. 320, having priority of appropriation No. 13 in Water District No. 3 of the State of Colorado. Paragraph 4 below describes decreed changes of other interests in the Coy Ditch that are not the subject of this application. iii. Legal description of structure: The decreed point of diversion for the Coy Ditch is from the Cache La Poudre River in the NW1/4 of Section 12, Township 7 North, Range 69 West, 6th P.M., Larimer County. iv. Decreed source of water: Cache La Poudre River. v. Appropriation date: April 10, 1865. vi. Total amount decreed to structure: 31.63 c.f.s., ABSOLUTE. vii. Amount that Fort Collins intends to change: Fort Collins’ undivided fifty percent (50%) interest in the 31.63 c.f.s. Fort Collins’ undivided fifty percent interest in the Coy Ditch will hereinafter be referred to as “Fort Collins’ Coy Ditch Water Right.” viii. Decreed uses: Irrigation, mechanical and domestic. b. Box Elder Ditch i. Name of structure: Box Elder Ditch. ii. Date of original and all relevant subsequent decrees: The water rights for the Box Elder Ditch were originally decreed by the Larimer County District Court on April 11, 1882 in Civil Action No. 320, having Priority No. 15, by construction of the Box Elder Ditch; Priority No. 23, by first enlargement and extension of the Box Elder Ditch; and Priority No. 30, by second enlargement of the Box Elder Ditch. Paragraph 4 below describes decreed changes of other interests in the Box Elder Ditch that are not the subject of this application. iii. Legal description of structure: 1. The point of diversion for the Box Elder Ditch was described in the decree entered in Civil Action 320 as being located on the south side of the Cache La Poudre River in the SE1/4 of Section 20, Township 7 North, Range 68 West, 6th P.M., Larimer County. 2. The actual location of the headgate is on the south bank of 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, 6th P.M., Larimer County, as most recently described in the decrees entered in Case Nos. 09CW30, 00CW166, and 92CW165. iv. Decreed source of water: Cache La Poudre River. v. Appropriation dates and total amounts decreed absolute to structure:

Box Elder Ditch Water Rights Structure Name Appropriation Date Decreed Amount Box Elder Ditch March 1, 1866 32.5 c.f.s. Box Elder Ditch Enl. May 25, 1867 8.33 c.f.s. Box Elder Ditch Enl. #2 July 1, 1868 11.93 c.f.s.

vi. Amount that Fort Collins intends to change: Fort Collins seeks to change its pro rata share of the water rights decreed to the Box Elder Ditch based upon its ownership of five shares of the 64 outstanding shares in the Box Elder Ditch Company. The water rights associated with Fort Collins’ five shares will hereinafter be referred to as “Fort Collins’ Box Elder Ditch Water Rights.” vii. Decreed use: Irrigation. Fort Collins’ Coy Ditch Water Right and Fort Collins’ Box Elder Ditch Water Rights will collectively be referred to as the “Ditch Water Rights.” 3. Detailed description of proposed changes: a. Description of historical use: i. Fort Collins’ Coy Ditch Water Right: Fort Collins’ Coy Ditch Water Right was historically used to irrigate approximately 107 acres of land (the “Hoffman Property”), the location of which is generally depicted on Exhibit C. Summaries of records of diversions of the Coy Ditch water right are depicted on Exhibit D. ii. Fort Collins’ Box Elder Ditch Water Rights: Fort Collins’ Box Elder Ditch Water Rights were historically used to irrigate two parcels of land. Four of five Fort Collins’ shares in the Box Elder Ditch Company were used to irrigate approximately 208 acres of land (“Arapahoe Bend Property”), the location of which is generally depicted on Exhibit E. The remaining share was used along with other Box Elder Ditch Company shares to irrigate approximately 190 acres of land (the “Swift Property”), the location of which is generally depicted on Exhibit E. Summaries of records of diversions of the Box Elder Ditch water rights are depicted on Exhibit F. b. Change in point of diversion: Fort

Collins is not changing the point of diversion for Fort Collins’ Box Elder Ditch Water Rights, and will continue to divert those rights at the Box Elder Ditch headgate described in Paragraph 2(b)(3). Fort Collins may continue to divert and/or account for its diversion entitlements for the Fort Collins’ Coy Ditch Water Right at the location of the decreed point of diversion described in Paragraph 2(a)(3) (also referred to as the Fort Collins Power Plant Dam), but also seeks approval to divert the Fort Collins’ Coy Ditch Water Right from the Cache La Poudre River at one or more of the following alternate points of diversion: i. Cache La Poudre Reservoir Inlet Canal (aka “Timnath Inlet Canal”), headgate located on the north bank of the Cache La Poudre River in the NW1/4 of the SW1/4 of the NE1/4 of Section 18, Township 7 North, Range 68 West, 6th P.M., Larimer County. ii. Greeley Canal No. 2, headgate located on the north bank of the Cache La Poudre River in the SW1/4 of the SE1/4 of the NE1/4 of Section 11, Township 6 North, Range 68 West, 6th P.M., Larimer County. iii. Fossil Creek Reservoir Inlet Ditch (“FCRID”), headgate located on the Cache La Poudre River, in the NE1/4 of the NE1/4 of the SE1/4 of Section 20, Township 7 North, Range 68 West, 6th P.M., Larimer County. iv. Box Elder Ditch, headgate located on the south bank of 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, 6th P.M., Larimer County. v. Rigden Diversion Pump Station, located in the SW1/4 of the SW1/4 of Section 27, Township 7 North, Range 68 West, 6th P.M., Larimer County. vi. Rigden Inflow-Outflow Spillway, located in the SW1/4 of the SW1/4 of Section 27, Township 7 North, Range 68 West, 6th P.M., Larimer County. c. Change of type and place of use: Fort Collins will use the Box Elder Ditch Water Rights for continued irrigation use in the Box Elder Ditch system, and will use the Ditch Water Rights within Fort Collins’ service area as it now exists (as generally depicted on Exhibit G) or may from time to time be expanded, either directly or by exchange, for all municipal uses, including but not limited to domestic, irrigation (including, without limitation, agricultural irrigation), storage, commercial, industrial, hydroelectric power generation, stock watering, recreation, fish and wildlife propagation and maintenance, environmental mitigation and restoration, and both within and outside of its existing and future service area for augmentation, replacement, substitution, and exchange. Fort Collins will also use the Ditch Water Rights to serve water users located within and outside of Fort Collins’ current and future service area with whom Fort Collins has contracts to deliver water from its water system, and pursuant to contract exchanges, leases, or water trades made by mutual agreement with other water users, for the beneficial uses described above, and for any other uses described in the contracts, contract exchanges, leases, or mutual agreements. In addition, Fort Collins seeks approval to use the Ditch Water Rights for instream flow use exclusively by the Colorado Water Conservation Board pursuant to an agreement with the Colorado Water Conservation Board. Fort Collins seeks entry of a decree for the Ditch Water Rights that authorizes the right to use, reuse, successively use, and dispose of the water to extinction, subject to replacement of the historical irrigation return flows as needed to prevent injury to other water rights. When the Ditch Water Rights are used for municipal purposes, Fort Collins will maintain dominion and control over both the sewered and the non-sewered return flows resulting from this use using the accounting methodology set forth in the decree entered in Case No. 92CW129. d. Change to include storage: The Ditch Water Rights may also be stored at the following structures and subsequently released for the uses described in Paragraph 3(c): i. Fossil Creek Reservoir, located in portions of Sections 9, 10, 15, 16, and 17, Township 6 North, Range 68 West, 6th P.M., Larimer County. Deliveries to Fossil Creek Reservoir will be made through diversions at the FCRID, described in Paragraph 3(b) above. ii. Rigden Reservoir, located in the SW1/4 of the SW1/4 of Section 27 and the SE1/4 of Section 28, Township 7 North, Range 68 West, 6th P.M., Larimer County. Deliveries to Rigden Reservoir will be made through diversions at the FCRID, the Box Elder Ditch, and the Rigden Diversion Pump Station described in Paragraph 3(b) above. Diversions through the FCRID will be delivered approximately 1.5 miles down-ditch from the headgate to an in-ditch structure where the water will be removed from the FCRID and delivered to Rigden Reservoir. Diversions through the Box Elder Ditch will be delivered approximately 2.1 miles down-ditch from the headgate to an in-ditch diversion structure where the water will be removed from the Box Elder Ditch and delivered to Rigden Reservoir. Diversions through the Rigden Diversion Pump Station will be made directly from the Cache La Poudre River into Rigden Reservoir. iii. Certain former gravel pits, located in the SW1/4 of Section 3,

Township 6 North, Range 68 West of the 6th P.M., Larimer County. Deliveries to the former gravel pits will be made through diversions at the Box Elder Ditch, described in Paragraph 3(b) above. Diversions through the Box Elder Ditch will be delivered into the Arthur Lateral of the Box Elder Ditch and will be delivered approximately 3.9 miles down-ditch from headgate of the Box Elder Ditch to an in-ditch diversion structure where the water will be removed from the Arthur Lateral and delivered to the former gravel pits. iv. Timnath Reservoir (aka “Cache La Poudre Reservoir”), located in portions of Sections 23, 24, 25, and 26, Township 7 North, Range 68 West, 6th P.M., Larimer County. Deliveries to Timnath Reservoir will be made through diversions at the Cache La Poudre Reservoir Inlet Canal, and through diversions at the Greeley No. 2 Canal and internal trade, both diversion structures described in Paragraph 3(b) above. e. Historical return flows: In order to protect against injury to other water rights, Fort Collins will maintain return flows from the historical use of the Ditch Water Rights in time and amount at or above any calling water right with a priority date senior to December 31, 2014 located downstream of the historical location of return flows, but not when the calling right is junior to that date. By this application, Fort Collins appropriates the historical return flows from the Ditch Water Rights for the uses described in Paragraph 3(c) above, and claims the right to use the full divertible yield of the Ditch Water Rights, as changed herein, whenever the call is junior to December 31, 2014 from a water right located downstream of the location of the historical return flows. Return flows will be replaced using the sources of replacement water described in Paragraph 12. 4. Remarks: a. Coy Ditch. East Larimer County Water District (“ELCO”) owns the other fifty percent (50%) interest in the water right decreed to the Coy Ditch. The Decree entered in Case No. 09CW282, Water Division No. 1, approved a change of thirty-five percent (35%) interest in the water right for the Coy Ditch by ELCO. In the Decree entered in Case No. 13CW3166, ELCO changed its remaining fifteen percent (15%) interest in the water right for the Coy Ditch. b. Box Elder Ditch. Other parties have changed their interests in water rights decreed to the Box Elder Ditch in the following cases in Water Division No. 1: Case Nos. 88CW213, 90CW71, 92CW165, 94CW15, 00CW166, and 09CW30. In Case No. 94CW15, the Water Court for Water Division No. 1 approved a change of water right for three shares in the Box Elder Ditch Company owned by Louis F. Swift. The three shares were used in conjunction with one of Fort Collins’ shares on the Swift Property, described in Paragraph 3(a)(ii). APPLICATION FOR ABSOLUTE WATER RIGHTS, INCLUDING STORAGE OF SURFACE AND GROUND WATER 5. Names and legal descriptions of structures: a. Homestead Pond (aka “Woodward Pond”), located in the SE1/4 of the SE1/4 of Section 12, Township 7 North, Range 69 West, 6th P.M., Larimer County. b. Big Pond (aka “Prospect North Pond”), located in the S1/2 of Section 17, Township 7 North, Range 68 West, 6th P.M., Larimer County. c. Milne Ponds, (aka “Milne Pits”) located in the S1/2 of the SE1/4 of Section 17, Township 7 North, Range 68 West, 6th P.M., Larimer County. d. Artist Point Pond (aka “Wren Pits”), located in the E1/2 of the NE1/4 of Section 20, Township 7 North, Range 68 West, 6th P.M., Larimer County. e. Pelican Pond, located in the SE1/4 of the NE1/4 of Section 20, Township 7 North, Range 68 West, 6th P.M., Larimer County. f. Running Deer Pond (aka “Resource Recovery Farm”), located in the W1/2 of the SE1/4, the E1/2 of the SW1/4, and the SW1/4 of the NE1/4 of Section 21, Township 7 North, Range 68 West, 6th P.M., Larimer County. g. Shields Pit (aka “Topminnow Pond”), located in the NE1/4 of the NW1/4 of Section 33, Township 7 North, Range 68 West, 6th P.M., Larimer County. h. Port of Entry Pit, located in the E1/2 of Section 28 and the W1/2 of Section 27, Township 7 North, Range 68 West, 6th P.M., Larimer County. Fort Collins may rename some or all of the above-described structures. The structures described herein are all unlined former gravel mining pits that have been or are in the process of being reclaimed. They are off-channel structures that fill by ground water infiltration from the alluvium of the Cache La Poudre River and capture of surface runoff inflows. These structures do not have specific fill ditches or dams. These structures will hereinafter be referred to as the “Fort Collins Ponds.” Fort Collins claims the right to fill and continuously refill these structures in accordance with their priorities. 6. Source: Ground water and surface runoff inflows tributary to the Cache La Poudre River. 7. Dates of appropriation: a. Homestead Pond: January 15, 2014. This appropriation was initiated by Fort Collins’ purchase of the property upon which the Homestead Pond is located. Water has been applied to beneficial use since January 15, 2014. b. Big Pond: April 1, 1983. This appropriation was initiated by Fort Collins’ purchase

of the property upon which Big Pond is located. Water has been applied to beneficial use since April 1, 1983. c. Milne Ponds: October 25, 1988. This appropriation was initiated by Fort Collins’ purchase of the property upon which East Milne Pond is located. Water has been applied to beneficial use since October 25, 1988. d. Artist Point Pond: September 16, 1996. This appropriation was initiated by Fort Collins’ purchase of the property upon which Artist Point Pond is located. Water has been applied to beneficial use since September 16, 1996. e. Pelican Pond: September 16, 1996. This appropriation was initiated by Fort Collins’ purchase of the property upon which Pelican Pond is located. Water has been applied to beneficial use since September 16, 1996. f. Running Deer Pond: October 2, 1979. This appropriation was initiated by Fort Collins’ purchase of the property upon which Running Deer Pond is located. Water has been applied to beneficial use since October 2, 1979. g. Shields Pit: February 21, 2014. This appropriation was initiated by Fort Collins’ purchase of the property upon which the Shields Pit is located. Water has been applied to beneficial use since February 21, 2014. h. Port of Entry Pit: July 15, 2014. This appropriation was initiated by Fort Collins’ purchase of the property upon which the Port of Entry Pit is located. Water has been applied to beneficial use since July 15, 2014. 8. Amount, Capacity and Estimated Maximum Surface Area: a. Homestead Pond: i. Amount: 6.12 acre feet, ABSOLUTE. ii. Total estimated capacity: 6.12 acre feet. iii. Surface area: 2.16 acres. b. Big Pond: i. Amount: 75.77 acre feet, ABSOLUTE. ii. Total estimated capacity: 75.77 acre feet. iii. Surface area: 38.25 acres. c. Milne Ponds: i. Amount: 35.26 acre feet, ABSOLUTE. ii. Total estimated capacity: 35.26 acre feet. iii. Surface area: 9.0 acres. d. Artist Point Pond: i. Amount: 10.50 acre feet, ABSOLUTE. ii. Total estimated capacity: 10.50 acre feet. iii. Surface area: 20.2 acres. e. Pelican Pond: i. Amount: 28.08 acre feet, ABSOLUTE. ii. Total estimated capacity: 28.08 acre feet. iii. Surface area: 9.0 acres. f. Running Deer Pond: i. Amount: 9.36 acre feet, ABSOLUTE. ii. Total estimated capacity: 9.36 acre feet. iii. Surface Area: 6.24 acres. g. Shields Pit: i. Amount: 148.83 acre feet, ABSOLUTE. ii. Total estimated capacity: 148.83 acre feet. iii. Surface Area: 24.23 acres. h. Port of Entry Pit: i. Amount: 38.9 acre feet, ABSOLUTE. ii. Total estimated capacity: 38.9 acre feet. iii. Surface Area: 17 acres. The surface areas and capacities described herein are estimates based on available information at the time of filing this first amended application. The actual surface areas at the high water line may be larger or smaller. For the purposes of this application, as amended, the Fort Collins Ponds are considered to have no dead capacity. 9. Uses: Recreation, aesthetic, fishing, maintenance of wildlife and wildlife habitat, including piscatorial use, preservation of wetland areas and plant species, storage, augmentation, replacement, substitution and exchange, evaporation, and maintenance of ponds as natural areas, including the right to fill and continuously refill as depletions occur in accordance with the priorities for the structures. The uses will occur at and around the location of the ponds, which are shown on Exhibit H, in the Cache La Poudre River pursuant to the rights of exchange described in Paragraphs 14-21, or in Rigden Reservoir and the Cache La Poudre River, as part of the plan for augmentation described herein. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION 10. Under the plan for augmentation claimed in this application, Fort Collins will replace out-of-priority depletions resulting from evaporation losses from the structures described in Paragraph 11, and will also replace other out-of-priority depletions that result from Fort Collins’ management of water levels in these structures, as described below. 11. Names of structures to be augmented and approximate maximum surface acres for determining evaporation loss augmentation amounts: The Fort Collins Ponds, which are described as follows: a. Homestead Pond, as described in Paragraph 5(a). i. 2.16 acres of exposed ground water. Of this amount, 0.7 acres were exposed prior to December 31, 1980. b. Big Pond, as described in Paragraph 5(b). i. 38.25 acres of exposed ground water. Of this amount, 7.0 acres were exposed prior to December 31, 1980. c. Milne Ponds, as described in Paragraph 5(c). i. 9.0 acres of exposed ground water. d. Artist Point Pond, as described in Paragraph 5(d). i. 20.2 acres of exposed ground water. e. Pelican Pond, as described in Paragraph 5(e). i. 9.0 acres of exposed ground water. Of this amount, 3.0 acres were exposed prior to December 31, 1980. f. Running Deer Pond, as described in Paragraph 5(f). i. 6.24 acres of exposed ground water. g. Shields Pit, as described in Paragraph 5(g). i. 24.23 acres of exposed ground water. h. Port of Entry Pit, as described in Paragraph 5(h). i. 17 acres of exposed ground water. 12. Water rights to be used for augmentation: Water attributable to the water rights described below may be delivered for augmentation by direct use,

release from storage, or discharge from Fort Collins’ wastewater treatment facilities. a. The Ditch Water Rights described in Paragraphs 2(a) and 2(b) above. b. Arthur Irrigation Company shares, Larimer County Canal No. 2 Irrigating Company shares, New Mercer Ditch Company shares, and Warren Lake Reservoir Company shares, which shares have been changed to include consumptive use and augmentation use in Case No. 92CW129, Water Division No. 1, by Decree dated October 2, 1996, and Case No. 05CW323, Water Division No. 1, by Decree dated April 23, 2014. The following information concerning these sources of substitute supply can be found in the decrees entered in Case Nos. 92CW129 and 05CW323: date of original decree, legal description of each point of diversion, source of water, appropriation date, decreed amount, and decreed uses. c. The Michigan Ditch Supplement System. Water rights for the Michigan Ditch Supplement System were decreed to Fort Collins in Case No. 88CW206, Water Court for Water Division 6, on October 6, 1989. The following information concerning this source of substitute supply can be found in the decree entered in Case No. 88CW206: legal description of each point of diversion, source of water, appropriation date, decreed amount, and decreed uses. d. Joe Wright Reservoir. Joe Wright Reservoir is owned by Fort Collins, and it has several decrees. The water rights available for use as augmentation sources in this augmentation plan come from: the refill right, which is Priority No. 136-Q, decreed by the Larimer County District Court in Civil Action No. 11217 on September 10, 1953; and the enlargement right decreed by the Water Court for Water Division 1 dated June 6, 1972. These two water rights were changed to include fully consumptive use by decree in Case No. W-9322-78, Water Court for Water Division 1, on April 24, 1979. The following information concerning these sources of substitute supply can be found in the decrees entered in the above-described cases: legal description of each point of diversion, source of water, appropriation date, decreed amount, and decreed uses. e. Windy Gap Project Water. Windy Gap water is currently provided to Fort Collins each year by the Platte River Power Authority under terms and conditions of a detailed reuse agreement. Windy Gap water is transmountain water that is decreed as fully consumable. The reuse agreement has been previously approved by this Court in Case No. W-9322-78, by decree dated April 24, 1979. f. Water storage right for Rigden Reservoir. Fort Collins has an application pending in Case No. 14CW3158 for a fully consumable water storage right in Rigden Reservoir. The following information concerning this source of substitute supply can be found in the application filed in Case No. 14CW3158: legal description of each point of diversion, source of water, and claimed appropriation date, amount, and uses. g. Fort Collins’ shares in the Water Supply and Storage Company, which Fort Collins changed in Case No. 11CW265, Water Division 1. The following information concerning this source of substitute supply can be found in the decree entered in that case, dated July 17, 2015: date of original decree, legal description of each point of diversion, source of water, appropriation date, decreed amount, and decreed uses. h. Other water delivered to and stored in Rigden Reservoir. Fort Collins may use other water stored in Rigden Reservoir, including water delivered to Rigden Reservoir pursuant to the conditional appropriative rights of substitution and exchange described in Paragraphs 14-21 below. i. Fort Collins seeks entry of a decree that provides the ability to add additional or alternative sources of replacement water to the plan for augmentation pursuant to C.R.S. § 37-92-305(8)(c) or successor statutes. 13. Complete statement of plan for augmentation: The Fort Collins Ponds are all excavated former gravel pits that have been reclaimed, or are currently in the reclamation process. The sources of water for these ponds are ground water and surface runoff inflows. Fort Collins seeks approval of a plan for augmentation for these ponds, the purpose of which is to identify and replace the out-of-priority depletions that occur from Fort Collins’ ownership and use of the ponds, including the evaporation loss from the surface area of these ponds that was exposed by mining operations subsequent to December 31, 1980, and other depletions that result from Fort Collins’ management of water levels in the ponds. There is a total of approximately 126.08 surface acres of exposed ground water in the Fort Collins Ponds, based on the high water levels for the ponds. Of this total amount, 10.7 surface acres were exposed prior to December 31, 1980. Pursuant to C.R.S. § 37-90-137(11)(b), replacement of evaporation loss is not required for these surface acres. Replacement of out-of-priority depletions from the evaporation loss for the remaining 115.38 surface acres will be made in accordance with the requirements of the decree. Exhibit H shows the maximum surface acres for each pond, and the division between grandfathered and

post-1980 surface acres. The maximum surface areas described herein may be modified upon final surveys or other methods. As necessary to prevent injury to other water rights, Fort Collins will replace out-of-priority depletions from evaporation loss based on monthly calculations of the actual post-1980 exposed surface acres, or in the alternative, Fort Collins will augment out-of-priority depletions from evaporation loss based on the maximum post-1980 exposed surface acres for each pond. As part of its management of the Fort Collins Ponds, Fort Collins also intends to alter water levels in certain ponds by removing water from them periodically. Such dewatering may result in out-of-priority depletions to the Cache La Poudre River that will be replaced under the plan for augmentation described in this application. The ponds that may be the subject of the water level management operations are: Shields Pit, Big Pond, Artist Point Pond, Pelican Pond, Running Deer Pond, and Port of Entry Pit. To the extent possible, Fort Collins intends to deliver the water removed from these ponds to Rigden Reservoir for storage and subsequent release for augmentation, replacement, substitution, and exchange uses, either directly by pipeline delivery or direct diversion from the Cache La Poudre River, or by exchange as described in Paragraphs 14-21. Fort Collins may also deliver water removed from the Fort Collins Ponds at the Greeley Canal No. 2 headgate, as described in Paragraph 3(b)(ii), for internal trade into Timnath Reservoir. Fort Collins will replace any out-of-priority depletions caused by the water level management operations. To the extent Fort Collins’ ownership and use of the Fort Collins Ponds results in other out-of-priority depletions, Fort Collins will also replace those depletions in accordance with the terms and conditions of the decreed plan for augmentation. Fort Collins will use the water rights listed in Paragraph 12 to replace the out-of-priority depletions. Time periods when the Fort Collins Ponds are frozen will be assumed to not result in any evaporation losses or replacement obligations for such losses. Replacements will be made above the headgate of the calling water right located downstream of the point of depletion for each of the Fort Collins Ponds. The administrative date for determining when depletions are out-of-priority for each of the Fort Collins Ponds will be the priority date for the water right claimed in this case for each pond. APPLICATION FOR CONDITIONAL APPROPRIATIVE RIGHTS OF SUBSTITUTION AND EXCHANGE 14. Appropriative rights of substitution and exchange. Fort Collins claims a water right to operate exchanges of water up to the flow rates listed below, including the right to provide substitute supplies in accordance with C.R.S. §§ 37-80-120(2), (3), and (4), and 37-83-104 using the following exchange-from and exchange-to points and substitute supplies (“Exchange Rights”). 15. Points of release of substitute supply (exchange-from points): a. Confluence of the Cache la Poudre River and the Prospect Drain, located in the NW1/4 of the SW1/4 of Section 21, Township 7 North, Range 68 West, 6th P.M., Larimer County. This includes water level management releases from Big Pond, Artist Point Pond, and Pelican Pond. b. Confluence of the Cache la Poudre River and the river delivery outlet for Running Deer Pond, located in the NW1/4 of the NE1/4 of Section 28, Township 7 North, Range 68 West, 6th P.M., Larimer County. c. Confluence of the Cache la Poudre River and the river delivery outlet for the Port of Entry Pit, located in the NW1/4 of the SW1/4 of Section 27, Township 7 North, Range 68 West, 6th P.M., Larimer County. 16. Points of diversion (exchange-to points): a. FCRID headgate, as described above in Paragraph 3(b)(ii); and b. Box Elder Ditch headgate, as described above in Paragraph 3(b)(iii). 17. Exchange reach: The upstream terminus of the appropriative rights of exchange claimed in this application is the Box Elder Ditch headgate described above in Paragraph 3(b)(iii). The downstream terminus of the appropriative rights of exchange claimed in this application is the confluence of the Cache la Poudre River and the river delivery outlet for the Port of Entry Pit described above in Paragraph 15(c). 18. Sources of substitute supply: Water from Big Pond, Artist Point Pond, Pelican Pond, Running Deer Pond, and Port of Entry Pit under the water rights for the Fort Collins Ponds described in Paragraphs 5-9 above and released to the Cache la Poudre River via the Prospect Drain, the river delivery outlet for Running Deer Pond, and the river delivery outlet for the Port of Entry Pit. 19. Date of appropriation: July 30, 2015. a. How appropriation was initiated: Fort Collins’ staff and special legal counsel studied and developed the details of the Exchange Rights. On July 29, 2015, John Stokes, Director of Fort Collins’ Natural Areas Department, issued a memorandum stating that Fort Collins had formulated the necessary intent to appropriate conditional rights of substitution and exchange, and directing staff and special legal counsel to take additional steps to provide notice to the public. On

July 30 and 31, 2015, Fort Collins provided notice of the appropriation on the Natural Areas Department’s website, posted signs announcing the appropriation, and provided notice by publication in the Fort Collins Coloradoan. 20. Claimed Exchange Rate: Fort Collins claims a maximum rate of exchange from each exchange-from point to each exchange-to point of 6 c.f.s., CONDITIONAL. Fort Collins reserves the right to claim absolute any amount of water exchanged under the Exchange Rights prior to the Water Court entering a decree in this case, without the need for publishing another amendment to the application. 21. Proposed uses: Fort Collins will use the Exchange Rights by direct use or following storage within Fort Collins’ service area as it now exists (as generally depicted on Exhibit G) or may from time to time be expanded for all municipal uses, including but not limited to domestic, irrigation (including, without limitation, agricultural irrigation), storage, commercial, industrial, hydroelectric power generation, stock watering, recreation, fish and wildlife propagation and maintenance, environmental mitigation and restoration, and both within and outside of its existing and future service area for augmentation, replacement, substitution, and exchange. Fort Collins will also use the Exchange Rights to serve water users located within and outside of Fort Collins’ current and future service area with whom Fort Collins has contracts to deliver water from its water system, and pursuant to contract exchanges, leases, or water trades made by mutual agreement with other water users, for the beneficial uses described above, and for any other uses described in the contracts, contract exchanges, leases, or mutual agreements. In addition, Fort Collins seeks approval to use the Exchange Rights for instream flow use exclusively by the Colorado Water Conservation Board pursuant to an agreement with the Colorado Water Conservation Board. Fort Collins seeks entry of a decree for the Exchange Rights that authorizes the right to use, reuse, successively use, and dispose of the water to extinction. When the Exchange Rights are used for municipal purposes, Fort Collins will maintain dominion and control over both the sewered and the non-sewered return flows resulting from this use using the accounting methodology set forth in the decree entered in Case No. 92CW129. 22. After diversion at the exchange-to points described in Paragraph 16 above, the Exchange Rights will be delivered to the following structures, for storage and subsequent release for the uses described in Paragraph 21: a. Fossil Creek Reservoir, as described in Paragraph 3(d)(i) above. Deliveries to Fossil Creek Reservoir will be made through diversions from the FCRID, described in Paragraph 3(b)(ii) above. b. Rigden Reservoir, as described in Paragraph 3(d)(ii) above. Deliveries to Rigden Reservoir will be made through diversions from the FCRID and the Box Elder Ditch as described in Paragraph 3(d)(ii). Fort Collins may also deliver water removed from the Fort Collins Ponds described in Paragraph 11 to Rigden Reservoir for storage by delivering water from the ponds to the Cache La Poudre River and re-diverting it into Rigden Reservoir at the following locations without operating the Exchange Rights: a. Rigden Inflow-Outflow Spillway, located in the SW1/4 of the SW1/4 of Section 27, Township 7 North, Range 68 West, 6th P.M., Larimer County. b. Rigden Diversion Pump Station, located in the SW1/4 of the SW1/4 of Section 27, Township 7 North, Range 68 West, 6th P.M., Larimer County. 23. 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. a. Coy Ditch: The point of diversion for the Coy Ditch is on land owned by Fort Collins and Sonopro Power and Light, LLC, 4605 E. County Road 58, Fort Collins, CO 80524. b. Box Elder Ditch: The point of diversion for the Box Elder Ditch is on land owned by Fort Collins. The address for the Box Elder Ditch Company is c/o Rosanna Harris, 730 Ash Mesa Road, Delta, CO 81416. c. Cache La Poudre Reservoir Inlet Canal: The point of diversion for the Cache La Poudre Reservoir Inlet Canal is on land owned by Fort Collins. d. Fossil Creek Reservoir Inlet Ditch: The point of diversion for the Fossil Creek Reservoir Inlet Ditch is on land owned by North Poudre Irrigation Company, P.O. Box 100, Wellington, CO 80549, Fort Collins, and State of Colorado, Board of Agriculture, 102 Administration Building, Fort Collins, CO 80523. e. Rigden Diversion Pump Station and Rigden Inflow-Outflow Spillway: The points of diversion for the Rigden Diversion Pump Station and Rigden Inflow-Outflow Spillway are on land owned by Fort Collins. Fossil Creek Reservoir: f. Fossil Creek Reservoir is on land owned by North Poudre Irrigation Company, P.O. Box 100, Wellington, CO 80549. g. Certain Former Gravel Pits: The former gravel pits described in Paragraph

3(d)(iii) are on land owned by Firstier Bank Nebraska, 115 S. Walnut Street, Kimball, NE 69145. h. Timnath Reservoir: Timnath Reservoir is located on land owned by Cache La Poudre Irrigation Company, P.O. Box 356, Greeley, CO 80631. i. Rigden Reservoir, Homestead Pond, Big Pond, Milne Ponds, Artist Point Pond, Pelican Pond, Running Deer Pond, Shields Pit, Port of Entry Pit: These structures are located on land owned by Fort Collins. j. Greeley No. 2 Canal: The headgate for the Greeley No. 2 Canal is located on land owned by the New Cache La Poudre Irrigating Company, P.O. Box 356, Greeley, CO 80631. (21 pages)

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 SEPTEMBER 2015 (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.