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DISTRICT COURT, WATER DIVISION 1, COLORADO JULY 2019 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 2019 for each County affected.

19CW21 JAMES AND CHERYL CAZER, 11323 Pine Valley Dr., Franktown, CO 80116. 303-569-6333. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS IN DOUGLAS COUNTY. Applicant seeks to adjudicate the well, permit 154157, and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a 4.69 acre tract of land lying in the NE1/4 NW1/4, S21, T8S, R65W of the 6th PM, including the Dawson, Denver, Arapahoe and Laramie Fox Hills aquifers. 19CW22 SUZANNE O’NEILL, 2800 e. Ridge Rd., Elizabeth, CO 80107. 303-646-4319. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS IN ELBERT COUNTY. Applicant seeks to adjudicate the well, permit 177614, and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a 8 acre tract of land lying in the NE1/4 NE1/4, S24, T8S, R65W of the 6th PM, including the Dawson, Denver, Arapahoe and Laramie Fox Hills aquifers. 19CW 23 JAY TISDALL INVESTMENT TRUST, 18971 E. Belleview Pl, Centennial, CO 80015. 303-809-1936 and SHANE TISDALL INVESTMENT TRUST, 6905 Brookview Ct., Parker, CO 80134. 303-809-1937. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS IN ARAPAHOE COUNTY. Applicant seeks to adjudicate the well and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a 35 acre tract of land lying in the SW1/4 NE1/4, S21, T4S, R64W of the 6th PM, including the Dawson, Denver, Arapahoe and Laramie Fox Hills aquifers. 19CW3133 (03CW371), Bennett Auslaender, Karen Rosenberg, 10524 South U.S. Highway 85, Conifer, Colorado 80433. Attorneys for Applicants: David F. Bower, Michael S. Davidson, Johnson & Repucci LLP, 850 W. South Boulder Road, Suite 100, Louisville, Colorado 80027; Phone: (303) 442-1900. Application for Finding of Reasonable Diligence in JEFFERSON COUNTY. Overview. Applicants are the owners of 18 acres of land lying in the N1/2 SW1/4 SE1/4 of Section 14, Township 6 South, Range 71 West, of the 6th P.M., known as the Bobcat Ridge Property (the “Property”). A map showing the general location of the Property is attached as Exhibit A. Applicants intend to develop the Property into single family dwellings. The water supply for the development will be provided by up to fifteen (15) wells constructed on the Property, known as the Bobcat Ridge Wells Nos. 1-15. In Case No. 03CW371, Water Division 1, Applicants were decreed conditional water rights for the Bobcat Ridge Wells Nos. 1-15, in addition to the approval of a plan for augmentation for the development. By this matter, Applicants seek a finding of reasonable diligence with respect to the conditional underground water rights for the Bobcat Ridge Wells Nos. 1-15, as well as an appropriative right of exchange that was approved as part of the plan for augmentation for the Property. Description of Conditional Underground Water Rights. Original and Subsequent Decrees. The Bobcat Ridge Wells Nos. 1-15 were conditionally decreed on July 20, 2013 in Case No. 03CW371, Water Division 1. Name and Legal Description of Structures. The Bobcat Ridge Well Nos. 1-15 are located or decreed to be located within Section 14, Township 6 South, Range 71 West, of the 6th P.M., as follows: Bobcat Ridge Well No. 1. Bobcat Ridge Well No. 1 is located in the SW1/4 SE1/4 of Section 14 at a point approximately 4,450 feet south of the north section line and 2,000 feet west of the east section line of said Section 14. Bobcat Ridge Well No. 2. Bobcat Ridge Well No. 2 will be located in the SW1/4 SE1/4 of Section 14 at a point approximately 1,290 feet north of the south section line and 2,400 feet west of the east section line of said Section 14. Bobcat Ridge Well No. 3. Bobcat Ridge

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Well No. 3 is located in the SW1/4 SE1/4 of Section 14 at point approximately 1,200 feet north of the south section line and 2,100 feet west of the east section line. Bobcat Ridge Well Nos. 4-15. Bobcat Ridge Well Nos. 4-15 will be located somewhere on the Property. The exact location of these wells will not be known until the subdivision of the Property is approved by Jefferson County. Within sixty (60) days of completion of construction of any of the Bobcat Ridge Well Nos. 4-15, Applicants are to notify both the Water Court and the Division of Water Resources of the precise location of these wells. Applicants are also to identify the specific points of diversion in any application to make the water rights for these wells absolute. Appropriation Dates. The date of appropriation for each of the Bobcat Ridge Wells 1-15 is as follows: Bobcat Ridge Well No. 1. January 27, 1975. Bobcat Ridge Well No. 2. March 7, 2003. Bobcat Ridge Well No. 3. March 7, 2003. Bobcat Ridge Well Nos. 4-15. October 31, 2003. Decreed Source. The source of water for the Bobcat Ridge Well Nos. 1-15 is ground water that is tributary to North Turkey Creek, tributary to Turkey Creek, tributary to Bear Creek, tributary to the South Platte River. Amounts. The amount of water decreed to the Bobcat Well Nos. 1-15 is as follows: Bobcat Ridge Well No. 1. 5 gpm, absolute (as decreed in Case No. 96CW180, Water Division 1); 10 gpm, conditional. Bobcat Ridge Well No. 2. 15 gpm, conditional. Bobcat Ridge Well No. 3. 15 gpm, conditional. Bobcat Ridge Well Nos. 4-15. 15 gpm, conditional. Uses. Water from each of the Bobcat Well Nos. 1-15 is decreed for ordinary household purposes inside single family dwellings and fire protection purposes. Description of Conditional Exchange Right. Original and Subsequent Decrees. The conditional exchange right was included as part of the plan for augmentation for the Bobcat Wells Nos. 1-15, as approved on July 20, 2013, in Case No. 03CW371, Water Division 1. Conditional Right of Exchange. The conditional right of exchange decreed in Case No. 03CW371 was for Applicants’ augmentation obligations above the point where Meadowview Reservoir replacement water is released to the stream system. The components of the exchange are more fully described below: Description of Exchange Reach. From the confluence of Bear Creek and Turkey Creek at Bear Creek Lake in Section 5, Township 5 South, Range 69 West, 6th P.M.; thence up Turkey Creek to the confluence of North Turkey Creek and South Turkey Creek in the NW1/4 NW1/4 of Section 27, Township 5 South, Range 70 West, 6th P.M.; thence up North Turkey Creek to its confluence with an unnamed tributary in the NW1/4 NW1/4 of Section 14, Township 6 South, Range 71 West, 6th P.M.; thence up an unnamed tributary to its confluence with another unnamed tributary in the SE1/4 NW1/4 of Section 14, Township 6 South, Range 71 West, 6th P.M.; thence up both branches of the unnamed tributary to points where depletions from the subject wells impact the unnamed tributary or tributaries in the NW1/4 SE1/4 and SE1/4 SW1/4 of Section 14, Township 6 South, Range 71 West, 6th P.M. Exchange Rate. Up to 0.002 cfs. Appropriation Date. October 31, 2003. Claim for Finding of Reasonable Diligence. Applicants seek to continue as conditional the water rights originally decreed in Case No. 03CW371 as described above. During the subject diligence period, the following activities were performed proving Applicants’ intention to put the subject water rights to beneficial use and the actions taken by Applicants to do so: Mr. Auslaender has been active in developing the Property, and has both pursued options for developing the Property himself and in finding a buyer that would develop the Property using the subject water rights. Throughout the subject diligence period, Mr. Auslaender has worked with Jefferson County Planning on development approvals, as well as protecting the Bobcat Ridge Well water rights and monitoring water usage from other nearby wells. In addition, in 2015, and again in 2017, Mr. Auslaender met with and entered into agreements with real estate brokers for assistance in attempting to find a buyer or developer for the Property. Mr. Auslaender has also continued to monitor the groundwater underlying the property in Bobcat Ridge Well Nos. 1 and 3. Specifically, Apex Companies, LLC, has continued to monitor groundwater levels and provide this information to Applicants. As part of this monitoring work, Mr. Auslaender has had to replace the transducers used to measure the groundwater levels at a cost of approximately $2,500. This is in addition to the regular expenses incurred in having the measurements taken. Mr. Auslaender has also been active in monitoring and participating in other land use proceedings for adjacent developments and has attended public meetings and other hearings regarding the other land use proposals in the area that will have a direct impact on the Property’s development and water rights. As part of this work, Mr. Auslaender has also become involved with the Jefferson County Public Health’s efforts to convene a partnership for the sustainable development of the groundwater resources in

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the Conifer area. Mr. Auslaender has continued to provided responses to accounting requests from Mountain Mutual Reservoir Company (the party that provides replacement water under the original plan for augmentation approved in Case No. 03CW371), indicating that no water has been taken because the wells have not yet been developed. Mr. Auslaender has also incurred legal fees associated with maintaining and developing the subject conditional water rights, as well as monitoring other applications in Water Division 1 that could potentially injure the subject rights. Name of Landowner upon which any New or Modified Diversion Structure is Located. All of the subject structures are on land owned by Applicants. 7 pages. 19CW3134 (12CW176, 05CW285, 95CW242, 87CW248). Cheley Colorado Camps, Inc. (“Cheley”), attn: Jeff Cheley, 601 Steele Street, P.O. Box 6525, Denver, CO 80206. Copies of all pleadings to: Glenn E. Porzak, Karen L. Henderson, Cassidy L. Woodard, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, Colorado 80302. APPLICATION TO MAKE CONDITIONAL WATER RIGHT ABSOLUTE IN LARIMER COUNTY. 1. Applicant: Cheley Colorado Camps, Inc. (“Cheley”), attn: Jeff Cheley, 601 Steele Street, P.O. Box 6525, Denver, CO 80206. Copies of all pleadings to: Glenn E. Porzak, Karen L. Henderson, Cassidy L. Woodard, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, Colorado 80302. 2. Overview. Cheley was established in 1921 and operates a summer camp and other specialty camps for boys and girls. By this application, Cheley seeks a finding that the remaining conditional uses of augmentation, exchange, and replacement for the R.J.A. Pond No. 1 have been made absolute. 3. Description of the Water Right. a. Original Decree. The R.J.A. Pond No. 1 was decreed by the District Court in and for Water Division No. 1 (the “Water Court”) in Case No. 87CW248 on January 30, 1990. b. Prior Diligence/Absolute Decrees. Previous findings of reasonable diligence or to make absolute were entered by the Water Court in Case No. 95CW242 on November 13, 1999; Case No. 05CW285 on July 27, 2006; and Case No. 12CW176 on July 12, 2013. c. Location. The pond is located in the SW1/4 of the SW1/4 of Section 17, Township 4 North, Range 72 West of the 6th P.M., the dam abutment is located approximately 110 feet east of the West section line and 810 feet north of the South section line of said Section 17 in Larimer County, Colorado. See Exhibit A. d. Source. An unnamed tributary of the East Fork of Fish Creek, a tributary of the Big Thompson River, a tributary of the South Platte River. e. Amount. 3.0 acre-feet. f. Appropriation Date. October 15, 1985. g. Adjudication Date. November 30, 1987. h. Decreed Uses. As modified by the revised decree of the Water Court in Case No. 95CW242, the decreed uses include stockwatering, piscatorial, wildlife propagation, recreational, fire protection, augmentation, exchange, and replacement uses. The stockwatering, piscatorial, wildlife propagation, recreational, fire protection uses have been made absolute, while the augmentation, exchange, and replacement uses remain conditional. i. Remarks. The pond was filled to its 3.0 acre-feet capacity between the completion of construction in the fall of 1994 and the spring of 1995. As set forth in the decree entered in Case No. 87CW248, the pond has a maximum dam height of 9.5 feet, a dam length of 100 feet, and has 3.0 acre-feet of active storage and no dead storage. 4. Claim to Make Absolute. Cheley seeks to make the R.J.A. Pond No. 1 absolute for the remaining conditional uses of augmentation, exchange, and replacement pursuant to C.R.S. § 37-92-301(4)(e) (“[a] decreed conditional water storage right shall be made absolute for all decreed purposes to the extent of the volume of the appropriation that has been captured, possessed, and controlled at the decreed storage structure.”). 5. Alternative Claim for a Finding of Reasonable Diligence. In the event the remaining conditional uses of augmentation, exchange, and replacement are not made absolute, Cheley requests a finding of reasonable diligence. Evidence of Cheley’s diligence includes, but is not limited to, approximately $24,171 on legal and engineering fees in connection with Case No. 11CW279 and other water matters during the subject diligence period. Case No. 11CW279 utilizes the R.J.A. Pond No. 1 as a source of augmentation water in a plan for augmentation and exchange. Further, the consumptive use amount of water derived from Cheley’s shares of capital stock in the South Side Ditch Company and South Side Reservoir Company, as quantified and decreed in Water Court Case No. 87CW249, can be exchanged into R.J.A. Pond No. 1 for later release for augmentation purposes. This decreed exchange is also part of Case No. 11CW279. Accordingly, the R.J.A. Pond No. 1 serves as an integral part of the decreed plan for

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augmentation and exchange. 6. Name and address of the owner of the land on which the subject water right is stored. The R.J.A. Pond No. 1 is located on land owned by Cheley. (4 pages + map) 19CW3135 The City and County of Denver, Acting by and through its Board of Water Commissioners (“Denver Water” or “Applicant”), 1600 West 12th Avenue, Denver, Colorado 80204, Telephone: 303-628-6460. Jessica R. Brody, General Counsel, Casey S. Funk, Daniel J. Arnold, James M. Wittler, Andrew J. Hill. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO CORRECT THE WELBY RESERVOIR LEGAL DESCRIPTION, CONCERNING THE APPLICATION FOR WATERS RIGHTS OF THE CITY AND COUNTY OF DENVER ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS; In the SOUTH PLATTER River or its Tributaries; IN THE CITY AND COUNTY OF DENVER, ADAMS, ARAPAHOE, BROOM FIELD, JEFFERSON, AND DOUGLAS COUNTY. Application seventeen (17) pages. 2. Name of Water Right: The South Reservoir Complex, First Enlargement (“Subject Water Right”). 3. Name of Reservoir: The name of the reservoir is the South Reservoir Complex. The South Reservoir Complex is comprised of two existing and operationally interconnected gravel pit storage vessels currently designated as Bambei-Walker Reservoir and Welby Reservoir. The two storage vessels are connected by a pipeline allowing the reservoirs to be operated as an integrated unit. 4. Description of Subject Water Right and Information From Previous Decree: (A) Case Number and Court: 2009CW264, Water Division No. 1 (B) Date of Original Decree: July 25, 2013 (C) Legal Description: (1) Bambei-Walker Reservoir: Bambei-Walker Reservoir is an existing and operational off-channel gravel pit storage vessel located between the Burlington Ditch and the South Platte River in the S 1/2 of the NE 1/4, NE 1/4 of the SE 1/4, NW 1/4 of the SE 1/4, and SW 1/4 of the SE 1/4 of Section 1, Township 3 South, Range 68 West of the 6th P.M., in Adams County, Colorado. An embankment, which is regulated as a jurisdictional dam by the State Engineer, was constructed along the edge of a portion of the gravel pit to provide additional storage capacity. A map showing the approximate location of Bambei-Walker Reservoir is attached hereto as Exhibit A. (2) Welby Reservoir: Welby Reservoir is an existing and operational off-channel gravel pit storage vessel located adjacent to the South Platte River in the E 1/2 of the NW 1/4, SW 1/4 of the NW 1/4, and the N 1/2 of the SW 1/4 of Section 1, Township 3 South, Range 68 West of the 6th P.M., in Adams County, Colorado. A map showing the approximate location of Welby Reservoir is attached hereto as Exhibit A. The Decree entered in Case No. 2009CW264 WD1, due to a scrivener’s error, mistakenly described the location of Welby Reservoir as located adjacent to the South Platte River in the E 1/2 of the NW 1/4, SE 1/4 of the NW 1/4, and the N 1/2 of the SW 1/4 of Section 1, Township 3 South, Range 68 West of the 6th P.M., in Adams County, Colorado. This Application seeks to correct this error as described in Paragraph 8. (D) Source of Water: he source of water for the South Reservoir Complex is the South Platte River, effluent wastewater, and streams and tributaries thereto, including tributary ground water that is collected by a ground water mounding drain system that is installed between the Burlington Ditch and the slurry wall surrounding Bambei-Walker Reservoir. The South Reservoir Complex can currently be filled through the Bambei-Walker Reservoir turnout on the Burlington Ditch or through the ground water mounding drain system that discharges water into Bambei-Walker Reservoir. For the purposes of this paragraph only, effluent wastewater is water from non-reusable South Platte water rights and water not claimed as reusable by other water users. This includes wastewater that is treated by Metro and delivered to the Burlington Ditch via the Metro Pump Station. (E) Appropriation Date: December 29, 2009 (F) Amount: 1,129 acre-feet CONDITONAL with the right to refill up to 1,129 acre-feet CONDITIONAL. The individual storage vessels of the South Reservoir Complex are interconnected and can be operated as a contiguous storage unit. (G) Use: The water diverted and stored under the Subject Water Right will be used for non-agricultural irrigation, commercial, industrial and all municipal uses; including, but not limited to, domestic, mechanical, manufacturing, industrial, power generation, fire protection, sewage treatment, street sprinkling, irrigation of parks, lawns, grounds and open spaces, recreation, piscatorial, maintenance and preservation of wildlife and aesthetic values, replacement of lake and reservoir evaporation, augmentation and/or replacement. Such water may be fully consumed following storage and subsequent release, and by reuse, successive use, further exchange and disposition. (H) Place of Use: The water diverted and stored under the Subject Water Right will be placed to beneficial

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use wherever Denver Water may, now or in the future, legally provide water. The place of use is limited to Denver Water’s service area, including those areas where Denver Water has fixed amount contracts, as it exists now as approximately shown on the map attached hereto as Exhibit B or as it may exist in the future, within Denver, Arapahoe, Douglas, Jefferson, Adams, and Broomfield Counties, Colorado. (I) Points of Diversion for the Subject Water Right: (1) Burlington Headgate: (i) Maximum Diversion Rate Claimed: 50 cfs in combination with diversions through the Metro Pumps as described in Paragraph 4.I.2.i. below, and with diversions to the South Reservoir Complex under the decrees in Case Nos. 2001CW286 WD1 and 2009CW123 WD1. (ii) Location: The Burlington Headgate is located on the east bank of the South Platte River, in the NE1/4 of the SW1/4, Section 14, T3S, R68W, 6th P.M., in City and County of Denver, Colorado, 2456.2 feet east of the west line of the southwest quarter and 2347.7 feet north of the south line of said southwest quarter of Section 14. The Burlington Headgate is located at approximately latitude 039° 47’ 24.69” N, longitude 104° 58’ 9.97” W. The UTM coordinates are approximately NAD 1983 UTM Zone 13S 502616.89 mE 4404471.42 mN. A map showing the approximate location of the Burlington Headgate is attached hereto as Exhibit A. (iii) Carriage Agreement: Denver Water is utilizing the Burlington Headgate and capacity in the Burlington Ditch pursuant to a May 11, 2005 Agreement between Denver Water; the Farmers Reservoir and Irrigation Company; Burlington Ditch Reservoir and Land Company; Wellington Reservoir Company; and the Henrylyn Irrigation District. (iv) Thornton Carriage Agreement: The City of Thornton has a September 24, 1981 agreement with the Farmers Reservoir and Irrigation Company, Burlington Ditch Land and Reservoir Company, and the Wellington Reservoir Company for use of the first 200 cfs of excess capacity in the Burlington Ditch (“September 24, 1981 Agreement”). Denver Water’s use of the Burlington Ditch will be subject to the terms of Thornton’s September 24, 1981 Agreement and Denver Water’s May 11, 2005 Carriage Agreement. (v) Diversions of the Subject Water Right at the Burlington Headgate: When the Subject Water Right is diverted at the Burlington Headgate, the amount of diversions under the Subject Water Right shall not be counted as water diverted at the Burlington flume as shown in the first column of the table following paragraph 44.2 of the decree entered in Case No. 2002CW403 WD1, and shall not affect the required flow obligations at the 64th Avenue Gage as listed in the second column of the same table. (2) Metro Pump Station: (i) Maximum Diversion Rate Claimed: 50 cfs in combination with diversions through the Burlington Headgate as described in Paragraph 4.I.1.i above, and with diversions to the South Reservoir Complex under the decrees in Case Nos. 2001CW286 WD1 and 2009CW123 WD1. (ii) Location: The Metro Pump Station is located near the Metro Wastewater Reclamation District Treatment Plant (“Metro”) South Platte River Outfall. The Metro Pump Station diverts treated wastewater from the treatment plant effluent stream at two points, both of which are located in the NE1/4 of the NW1/4, Section 12, T3S, R68W, in the 6th P.M., in Adams County, Colorado, approximately 90 feet from the north section line and 1,440 feet from the west section line. The Metro Pump Station diverts treated wastewater from Metro before it reaches the South Platte River and discharges it into the Burlington Ditch. A map showing the approximate location of the pump station is attached hereto as Exhibit A. (3) Bambei-Walker Reservoir Ground Water Mounding Drain System: (i) Maximum Divserion Rate Claimed: 2 cfs CONDITIONAL. (ii) Location: The Bambei-Walker Reservoir Ground Water Mounding Drain System is generally located between the Burlington Ditch and the slurry wall that surrounds Bambei-Walker Reservoir. The ground water collected by the Mounding Drain System is discharged into Bambei-Walker Reservoir at a point located in the NW 1/4 of the SE 1/4 of Section 1, Township 3 South, Range 68 West of the 6th P.M., in Adams County, Colorado, approximately 1,519 feet from the east section line and 2,215 feet from the south section line. A map showing the approximate location of the Mounding Drain System discharge point is attached hereto as Exhibit A. (J) Capacities of South Reservoir Complex Storage Vessels: (1) Bambei-Walker Reservoir: (i) Total Capacity: 2,057 acre-feet (ii) Active Capacity: 1,871 acre-feet (iii) Dead Storage: 186 acre-feet (iv) Approximate Surface Area at the High Water Line: 64 acres (v) Maximum Depth: 41 feet (2) Welby Reservoir: (i) Total Capacity: 1,496 acre-feet (ii) Active Capacity: 1,349 acre-feet (iii) Dead Storage: 147 acre-feet (iv) Approximate Surface Area at the High Water Line: 64 acres (v) Maximum Depth: 32 feet (3) South reservoir Complex Totals: (i) Total Capacity: 3,553 acre-feet (ii) Total Active Capacity: 3,220 acre-feet (iii) Total Dead Storage: 333 acre-feet (K) Description of South Reservoir Complex: The South Reservoir Complex is

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comprised of two existing and operationally interconnected gravel pit storage vessels currently designated as Bambei-Walker Reservoir and Welby Reservoir. The two storage vessels are connected by a pipeline allowing the reservoirs to be operated as an integrated unit. The South Reservoir Complex is located on either side of the South Platte River; north of I-270 and south of I-76. Water is diverted to Bambei-Walker Reservoir at the Burlington Ditch Headgate or from the Metro Pump Station. A portion of the water stored in Bambei-Walker Reservoir can be released to the South Platte River through a gravity flow outlet located in the west embankment of Bambei-Walker Reservoir. The primary outlet for water stored in the complex is through the pump station constructed in the east bank of Welby Reservoir. CLAIM FOR FINDING OF REASONABLE DILIGENCE (5) Detailed Outline of Activities Taken to Complete the Appropriation and to Beneficially Use the Subject Water Right: During the diligence period, Denver Water initiated or completed the following activities in furtherance of maintaining and fully developing the Subject Water Right. (A) South Reservoir Complex (“South Complex”): (1) In 2014, Western States Reclamation completed reclamation work on the outer dam embankment of Bambei-Walker Reservoir for approximately $234,000. (2) In 2014, Denver Water and South Adams County Water and Sanitation District entered into an Intergovernmental Agreement (“IGA”) which addressed a wide range of complex issues regarding joint use of downstream reservoirs, including: allocation and repayment of costs, near-term and long-term operations, a water rights peace pact, temporary treated water connections, and conveyance of jointly acquired property interests. Denver Water’s total costs were approximately $6,199,000. (3) In 2016, Denver Water acquired a permanent easement for access, construction, maintenance, repair, relocation, and replacement of utilities for a total cost of approximately $13,000. (4) In 2017, the design-build team of Brown and Caldwell and J.R. Filanc Construction Company designed and constructed aeration systems and infrastructure at the South Complex to mitigate water quality issues. The total project cost was approximately $1,404,000. (B) Downstream Reservoir Water Storage Project: The following work describes Denver Water’s effort to maintain and fully develop the Downstream Reservoir Water Storage Program (“DRWSP”), which includes the North Complex and Lupton Lakes Complex. Water from the North Complex and Lupton Lakes Complex may be used as a replacement source for water exchanged to the South Reservoir Complex. (1) The North Reservoir Complex (“North Complex”): (i) Howe-Haller A and B Reservoirs: (a) In 2013, Colorado Total Maintenance constructed a modular concrete block wall for the First Creek inlet at Howe-Haller B Reservoir. The total project cost was approximately $7,000. (b) In 2015, Kumar & Associates performed a geotechnical engineering study and developed a final design for the repair of reservoir bank slopes impounding the Howe-Haller A and B Reservoirs. The total project cost was approximately $70,000. (c) In 2015, Alden Research Laboratory provided hydraulic and structural engineering for the new spillway/rundown structure at Denver Water’s Howe-Haller A Reservoir. The total project cost was approximately $46,000. (d) In 2016, Environmental Logistics completed property fencing around Howe-Haller A, B, and Hazeltine Reservoirs. The total project cost was approximately $528,000. (e) In 2016, Tezak Heavy Equipment Co., Inc. regraded and reconstructed the reservoir slopes damaged during 2013 and 2015 flooding. A new concrete rundown and spillway structure was also constructed to pass future flood flows from First Creek safely into Howe-Haller A Reservoir. The total project cost was approximately $1,267,000. (f) In 2016, Olsson Associates provided engineering related to identifying potential locations for rundown structures to protect slopes from flooding damage at Howe-Haller A and B. The total project cost was approximately $27,000. (g) In 2018, RE Monks Construction Company, LLC completed repair of the Hazeltine/Howe-Haller B Reservoirs temporary platform fill slope. The total project cost was approximately $533,000. (ii) Dunes Dam and Reservoir: (a) In 2013, Denver Water purchased two tracts of land needed to complete the fencing project for Dunes Reservoir. The total cost was approximately $71,000. (b) In 2013, Standard Fence Company completed property fencing around Dunes Reservoir for a total project cost of approximately $61,000. (c) In 2015, AECOM Technical Services Inc. provided inundation mapping for Dunes Reservoir for a total project cost of approximately $32,000. (d) In 2017, United Power Inc. completed a new electric service for the Dunes Reservoir water valve connection vault. The total project cost was $26,000. (e) Denver Water began filling Dunes Reservoir by gravity from the Fulton Ditch in February 2018. (iii) Hazeltine Reservoir: (a) In 2013, Brierley Associates, LLC provided a geotechnical report for the Hazeltine outlet structure for a total project cost of

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approximately $13,000. (b) In 2013, Short Elliot Hendrickson, Inc. provided engineering services necessary for the preparation and submission of a floodplain compliance permit for Hazeltine Reservoir. The total project cost was approximately $5,000. (c) In 2014, Rodney Hunt Company produced a slide gate for the Hazeltine outlet structure to control the flows from Dunes and Tanabe Reservoirs. The total project cost was approximately $26,000. (d) In 2015, Envirocon, Inc. completed the installation of 1,840 linear feet of soil bentonite barrier, 140 linear feet of slurry wall structural cap, and site restoration. The total project cost was approximately $491,000. (e) In 2018, Shannon & Wilson, Inc. completed geotechnical field exploration work at Hazeltine and Howe-Haller B Reservoirs. The total project cost was approximately $19,000. (iv) Tanabe Reservoir: (a) In 2013, MWH Americas Inc. provided construction phase services for the Tanabe Reservoir outlet and interconnect pipeline for a total project cost of approximately $181,000. (b) In 2013, T. Lowell Construction Inc. constructed an interconnect conduit, reinforced the concrete inlet/outlet structure, a pipeline access vault, a building to house controls for regulating flow between Tanabe Reservoir and the Fulton Inlet Pipeline valve vault, and the Hazeltine Pump Station Pipeline which connects the Fulton Inlet Pipeline valve vault to the North Complex Outlet. The total project cost was approximately $5,865,000. (c) In 2017, Environmental Logistics completed installation of property fencing for Tanabe Reservoir and removal of the previously existing mining fence. The total project cost was approximately $373,000. (d) d. Denver Water began filling Tanabe Reservoir by gravity from the Fulton Ditch in February 2018. (v) General North Complex Work: (a) In 2013, Colorado Total Maintenance furnished and installed property fencing for Dunes and Howe-Haller B Reservoirs. The total cost was approximately $164,000. (b) In 2013, ERO Resources Corporation provided environmental consulting and permitting services for the Hazeltine Reservoir Outfall 404 Permit. The total project cost was approximately $6,000. (c) In 2014, Olsson Associates, Inc. provided engineering services to identify impacts on floodplain related to construction of berms, options for armoring the slopes for protection during future flood events and repairing slopes to previous dimensions. The total project cost was approximately $59,000. (d) In 2014, Concrete Works of Colorado, Inc. constructed the outlet for the North Reservoir Complex. The total project cost was approximately $2,085,000. (e) In 2016, Burns & McDonnell Engineering Company, Inc. completed the first phase of the North Complex electrical, instrumentation, and control project for a total cost of approximately $5,533,000. (f) In 2017, the design-build team of Brown and Caldwell and J.R. Filanc Construction Company designed and constructed aeration systems and infrastructure at both the North and South Complexes to mitigate water quality issues. The total project cost was approximately $1,987,000. (g) In 2018, Denver Water acquired a share in the Fulton Ditch Irrigating Company. (h) Denver Water continues to obtain sand and gravel mining permits through the Division of Reclamation, Mining, and Safety on an annual basis for the active mining operations remaining at the North Complex. (2) Lupton Lakes Reservoir Complex (“Lupton Lakes”): (i) In 2013, RJH Consultants, Inc. evaluated groundwater issues associated with Lupton Lakes gravel mining. The total project cost was approximately $25,000. (ii) In 2014, RJH Consultants, Inc. evaluated potential barrier wall options to provide a lined water reservoir and reduce potential impacts to adjacent properties from dewatering associated with the ongoing mining and future liner construction. The total project cost was approximately $54,000. (iii) In 2015, Mac-Bestos, Inc. completed abatement work for a house located within the south cell of Lupton Lakes prior to demolition. The total project cost was approximately $8,000. (iv) In 2015, Maptek conducted LIDAR field scanning to capture updated topography at Lupton Lakes for a total project cost of approximately $8,000. (v) In 2016, Denver Water acquired a temporary easement for construction related operations, activities, and access to Lupton Lakes property for a total cost of approximately $5,000. (vi) In 2016, RJH Consultants, Inc. provided Owner’s Consultant services for the groundwater cutoff walls project at Lupton Lakes. The total project cost was approximately $334,000. (vii) In 2016, Denver Water purchased 100 acre-feet of storage capacity in Lupton Lakes from the City of Fort Lupton (“Ft. Lupton”). The storage capacity had previously been gifted to Ft. Lupton by Denver Water’s predecessor-in-interest at Lupton Lakes. The total cost of purchase was $200,000. (viii) In 2016, Denver Water conveyed property for use as public rights-of-way to satisfy an Annexation Agreement with Ft. Lupton. (ix) In 2016, Concrete Works of Colorado, Inc. constructed a new access road for continued mining activity at Lupton Lakes. The total project cost was approximately $119,000. (x) Since 2015, Denver Water

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has contributed towards the cost of dewatering of offsite wells required by on-going mining activities at Lupton Lakes. The total amount spent to date is approximately $922,000. (xi) In 2016 and 2017, the design-build team of Deere and Ault Consultants, Inc. and Great Lakes Environmental & Infrastructure designed and constructed the groundwater cutoff wall and interior reservoir slopes for the North Cell of Lupton Lakes. The total project cost was approximately $9,873,000. (xii) In 2018, the design-build team of Deere and Ault Consultants, Inc. and Great Lakes Environmental & Infrastructure designed and began construction of the groundwater cutoff wall for the South Cell of Lupton Lakes. Completion of the project is scheduled for 2019. To date, the total amount spent is approximately $4,798,000. (xiii) In 2017, the Colorado Division of Water Resources approved the groundwater cutoff wall installed in the North Cell at Lupton Lakes to the design standard. (xiv) Denver Water maintains compliance with the Division of Reclamation, Mining, and Safety through annual permitting for the active mining operations at Lupton Lakes. (C) Recycling Water Treatment Plant: The following work describes Denver Water’s effort to maintain and fully develop the Recycling Water Treatment Plant (“Recycling WTP”) and recycle distribution system, which will be used to treat and deliver water that may be exchanged from the South Reservoir Complex: (1) In 2014, Hatch Mott MacDonald created an up-to-date conformed set of two-dimensional as-built drawings and a base drawing for the Recycling WTP. The total project cost was approximately $155,000. (2) In 2015, Innovative Power Systems, Inc. replaced a motor at a pump station within the recycle distribution system for a total cost of approximately $67,000. (3) In 2015, CH2M Hill Engineers, Inc. conducted an evaluation of the chlorination system at the Recycling WTP for a total project cost of approximately $45,000. (4) In 2015, Denver Water and the Park Creek Metropolitan District established the Stapleton North Recycled Water Infrastructure Agreement which provided terms and conditions for the completion of recycled water infrastructure within the Stapleton North portion of the Park Creek Metropolitan District. (5) In 2015, T Lowell Construction, Inc. furnished and installed approximately 7,700 feet of 24-inch diameter recycled water pipeline and appurtenances in the Stapleton North area. The total project cost was approximately $3,010,000. (6) In 2015, Carollo Engineers, Inc. provided professional services regarding recycled water demand management. The total project cost was approximately $53,000. (7) In 2016, Denver Water and Denver Public Schools (“DPS”) entered into a Memorandum of Understanding regarding the conversion of DPS facilities to recycled water for irrigation. Denver Water provided matching funds for a DPS grant for these conversions at a total cost of $20,000. (8) In 2017, Stantec Consulting Services, Inc. provided technical support during the triennial review process of Regulation 84 with the Colorado Department of Public Health and Environment for new uses of reclaimed water. The total project cost was approximately $115,000. (9) In 2017, Denver Water and Sand Creek Metropolitan District (“SCMD”) entered into a Memorandum of Understanding outlining permit requirements for recycled water provided to SCMD lakes. (6) Approximate Amount Expended: Denver Water, over the last diligence period, has spent at least $47,000,000 on the South Reservoir Complex, DRWSP, and the Recycling WTP previously identified. These projects further the application of water, under the Subject Water Right, to beneficial use. (7) Names and Addresses of Landowners Where Structures are Located: The following list includes the names and addresses of landowners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. Denver Water is not proposing new diversion or storage structures that do not already exist, nor is Denver Water proposing modifications to any existing diversion or storage structure or the existing South Reservoir Complex. However, Denver Water is providing notice to the following entities because this application relates to certain structures and property in which the following entities may have a property interest. (A) Burlington Ditch, Reservoir and Land Company, 80 South 27th Avenue Brighton, CO 80601 (B) Farmers Reservoir and Irrigation Company, 80 South 27th Avenue, Brighton, CO 80601 (C) Wellington Reservoir Company, 80 South 27th Avenue, Brighton, CO 80601 (D) Henrylyn Irrigation District, P.O. Box 85, Hudson, CO 86042 (E) Metro Wastewater Reclamation District, 6450 York Street, Denver, CO 80229 (F) Public Service Company of Colorado c/o Property and Local Taxes, P.O. Box 1979, Denver, CO 80201 PETITION TO CORRECT SCRIVENER’S ERROR IN LEGAL DESCRIPTION FOR LOCATION OF WELBY RESERVOIR (8) Denver Water petitions the Court to correct a

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scrivener’s error in the legal description for the location of Welby Reservoir. (9) Paragraph 12.2 of the Decree entered in Case No. 2009CW264 WD1, described the location of Welby Reservoir as follows: Welby Reservoir is an existing and operational off-channel gravel pit storage vessel located adjacent to the South Platte River in the E 1/2 of the NW 1/4, SE 1/4 of the NW 1/4, and the N 1/2 of the SW 1/4 of Section 1, Township 3 South, Range 68 West of the 6th P.M., in Adams County, Colorado. A map showing the approximate location of Welby Reservoir is attached hereto as Exhibit A. (10) Exhibit A to the Decree entered in Case No. 2009CW264 WD1 correctly depicts the location of Welby Reservoir. However, due to a scrivener’s error in the Decree entered in 2009CW264, the “SE 1/4 of the NW 1/4” was incorrectly written and should instead describe the quarter quarter section as the SW 1/4 of the NW 1/4 of Section 1. (11) As correctly written the description for Welby Reservoir should state that: Welby Reservoir is an existing and operational off-channel gravel pit storage vessel located adjacent to the South Platte River in the E 1/2 of the NW 1/4, SW 1/4 of the NW 1/4, and the N 1/2 of the SW 1/4 of Section 1, Township 3 South, Range 68 West of the 6th P.M., in Adams County, Colorado. (12) The correct legal description is overlaid on the map of Welby Reservoir attached hereto as Exhibit C. RELIEF RQUESTED WHEREFORE, Denver Water respectfully requests that the Water Court: (A) Enter a decree finding that Denver Water has been reasonably diligent in the development of the Subject Water Right and continue the Subject Water Right for a subsequent diligence period; and (B) Grant Denver Water’s request to correct the scrivener’s error in the legal description for the location of Welby Reservoir. 19CW3136 Jackie Wayne Jackson and Barbara Jean Jackson, 10587 Delbert Road, Parker, CO 80138 (James J. Petrock, Petrock Fendel Poznanovic, P.C., 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, DOUGLAS COUNTY. 20.1 acres located in the S1/2SE1/4NE1/4 of Section 21, T6S, R65W of the 6th P.M., Douglas County, as described and shown on Attachment A hereto ("Subject Property"). Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Upper Dawson: 5.8 acre-feet, Lower Dawson: 3.6 acre-feet, Denver: 12.7 acre-feet, Arapahoe: 8.4 acre-feet, Laramie-Fox Hills: 6.4 acre-feet. Proposed Use: Domestic, commercial, industrial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Groundwater to be augmented: 2 acre-feet per year of Upper Dawson aquifer groundwater as requested herein. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Upper Dawson aquifer water will be used on the Subject Property through one or more wells, including existing well Permit No. 25302, for in-house use in two residences (0.3 acre-feet per residence and 0.6 acre-feet total), irrigation of 20,000 square-feet of lawn, garden, and trees (1.3 acre-feet), and stockwatering of up to 8 large domestic animals (0.1 acre-feet). Applicants reserve the right to amend the amounts and values without amending the application or republishing the same. Sewage treatment for in-house use will be provided by non-evaporative septic systems and return flow from in-house and irrigation use will be approximately 90% and 15% of that use, respectively. During pumping Applicants will replace actual depletions to the affected stream system pursuant to 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 via Coal Creek and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post pumping augmentation requirements. Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises.(6 pages).

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19CW3137 City and County of Denver, Acting by and through its Board of Water Commissioners (“Denver Water” or “Applicant”), 1600 West 12th Avenue, Denver, Colorado 80204, Telephone: 303-628-6460. Jessica R. Brody, General Counsel, Casey S. Funk, Daniel J. Arnold, James M. Wittler, Andrew J. Hill. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN JEFFERSON COUNTY. Application seven (7) pages. 2. Name of Structures: (A) Long Lake Reservoir No. 1 (aka Campbell Reservoir No. 1), Decreed Capacity: 1,447 acre-feet, Planned Capacity: 2,021.8 acre-feet (B) Long Lake Reservoir No. 2 (aka Campbell Reservoir No. 2), Decreed Capacity: 292 acre-feet, Planned Capacity: 1,008.3 acre-feet. 3. Description of Conditional Water Right and Information From Previous Decree: (A) Date of Original Decree: May 13, 1936, Civil Action 60052, Court: Water District No. 23, Irrigation District No. 7 in Division No. 1. (B) Subsequent Decrees Awarding Findings of Diligence: (1) Date of Decree: April 28, 1975, Case No. W-3076-72 & W-3076-74, Court: Water Division No.1 (2) Date of Decree: March 20, 1980, Case No. W-3076-78, Court: Water Division No.1 (3) Date of Decree: May 22, 1986, Case No. 82CW178, Court: Water Division No.1 (4) Date of Decree: November 4, 1988, Case No. 86CW141, Court: Water Division No.1 (5) Date of Decree: October 30, 1991, Case No. 90CW105, Court: Water Division No.1 (6) Date of Decree: June 23, 2000, Case No. 97CW277, Court: Water Division No.1 (7) Date of Decree: January 3, 2007, Case No. 06CW140, Court: Water Division No.1 (8) Date of Decree: July 26, 2013, Case No. 13CW008, Court: Water Division No.1. (C) Legal Description: (1) Long Lake Reservoirs Nos. 1 and 2 are supplied through the Long Lake Feeder Ditch, the decreed headgate of which is located on the west bank of Ralston Creek at a point in Section 31, Township 2 South, Range 70 West, whence the southeast (SE) corner of Section 6, Township 3 South, Range 70 West, bears south 15°0’: East 5,525 feet, in Jefferson County. See attached Exhibit A. (2) Long Lake Reservoir No. 1 (Upper) is located in the southwest quarter of the southwest quarter (SW1/4 SW1/4) Section 33, Township 2 South, Range 70 West and in the northwest quarter (NW1/4) and the north half of the southwest quarter (N1/2 SW1/4) Section 4, Township 3 South, Range 70 West, Jefferson County, State of Colorado. (3) Long Lake Reservoir No. 2 (Lower) is located on the east half of the northwest quarter (E1/2 NW1/4) and the northeast quarter of the southwest quarter (NE1/4 SW1/4) and the southwest quarter of the northeast quarter (SW1/4 NE1/4) and the northwest quarter of the southeast quarter (NW1/4 SE1/4) Section 4, Township 3 South, Range 70 West, Jefferson County, State of Colorado. (D) Source of Water: Ralston Creek and tributary drainage thereto lying above the decreed point of diversion of Long Lake Feeder Ditch. (E) Appropriation date: June 6, 1909. (F) Amount: (1) Long Lake Reservoir No. 1: 557 acre-feet ABSOLUTE, 574.8 acre-feet CONDITIONAL, 1,131.8 acre-feet TOTAL (2) Long Lake Reservoir No. 2: 292 acre-feet ABSOLUTE, 716.3 acre-feet CONDITIONAL, 1,008.3 acre-feet TOTAL (G) Use: Long Lake Reservoirs Nos. 1 and 2 are used for storing water for irrigation purposes. (H) Remarks: In C.A. 60052, Long Lake Reservoir No. 1 was awarded Ralston Creek Reservoir Priority No. 4 with a priority date of May 29, 1873 for 890 acre-feet. Also adjudicated in C.A. 60052 was the enlargement of Lake Reservoir No. 1 under Ralston Creek Reservoir Priority No. 9 and 9-a with a priority date of June 6, 1909 for an additional 1,131.8 acre-feet of which 557 acre-feet has been made absolute and 574.8 acre-feet remain conditional. In the same proceeding, Long Lake Reservoir No. 2 was awarded Ralston Creek Priority No. 10 with a priority date of June 6, 1909 for storage of 292 acre-feet absolute. The enlargement right for Long Lake Reservoir No. 2 was awarded Ralston Creek Reservoir Priority 10-a with a priority date of June 6, 1909 for an additional 716.3 acre-feet conditional. This application is for the conditional portions of Long Lake Reservoir Nos. 1 and 2 enlargement rights (Reservoir Priorities 9-a and 10-a). Water diverted under Reservoir Priority Nos. 4, 9, and 10 is used for irrigation pursuant to contracts with the City of Arvada dated December 10, 1997 and the Agricultural Ditch dated April 2, 1936. A map depicting Upper and lower Long Lake and the Long Lake Feeder Ditch is attached hereto as Exhibit A. CLAIM FOR FINDING OF REASONABLE DILIGENCE 4. Long Lake Reservoir Nos. 1 and 2 are existing facilities owned and operated by the Applicant. These facilities are integral parts of the Denver Municipal Water System. The following activities describe Denver Water’s steady application of effort to complete the appropriation in a reasonably expedient and efficient manner under all the facts and circumstances. (A) The following activities describe work completed in furtherance of maintaining and fully developing Long Lake Reservoir Nos. 1 and 2 (“Long Lakes”): (1) Denver Water completed annual operations and maintenance including dam safety inspections on both Long Lakes dams, survey of the dams for movement, and an annual feeder

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tunnel safety inspection. (2) In 2014, RG and Associates, LLC provided construction inspection services regarding the demolition of the Long Lake Feeder Ditch and the installation of a new concrete hydraulic diversion structure. Western Summit Constructors, Inc. completed demolition and construction. The total project cost was approximately $1,237,000. (3) In 2014, AECOM Technical Services provided engineering services for inundation mapping of dam breach failure for the Long Lake Reservoir Nos. 1 and 2 dams. The total project cost was approximately $43,000. (4) In 2014, Brierley Associates Corporation conducted an inspection of the Long Lake Reservoir No. 1 outlet tunnel and Long Lake Feeder Ditch Tunnel No. 2. The total project cost was approximately $22,000. (5) In 2014, Denver Water and Jefferson County entered into an Intergovernmental Agreement for grading and erosion control improvements for the Long Lake Feeder Ditch diversion structure. (6) In 2014, Kumar & Associates, Inc. provided engineering services consisting of a subsurface exploration program, piezometer rehabilitation, and laboratory testing for Long Lakes. The total project cost was approximately $29,000. (7) In 2015, GEI Consultants, Inc. provided hydrologic and hydraulic analyses of both Long Lakes dams for a total project cost of approximately $50,000. (8) In 2015, Arcadis US, Inc. provided two years of on-going data compilation, review and evaluation of water quality associated with the Schwartzwalder Mine. The total cost was approximately $35,000. (9) In 2016, T. Lowell Construction, Inc. repaired the Long Lake Reservoir No. 1 outlet works for a total project cost of approximately $215,000. (10) In 2018, Arcadis US, Inc. provided technical services necessary to develop a recommendation of work that must be completed at Schwartzwalder Mine, a uranium mine located upstream of the Long Lake Feeder Ditch headgate, to complete reclamation and to implement and maintain treatment systems to allow Schwartzwalder Mine to comply with Colorado water quality stream standards. The total cost spent to date is approximately $21,000. (11) In 2018, Geosyntec Consultants, Inc. entered into a three-year agreement to compile, review, and evaluate water quality and mine pool data collected and provided by the owner/operator of the Schwartzwalder Mine to Denver Water. Additionally, Geosyntec Consultants, Inc. will provide as-needed technical support reviewing technical revisions and other regulatory activity during mine reclamation. Approximately $76,000 has been spent to date on this project. B. Denver Water, over the last diligence period, has spent at least $1,600,000 on the projects previously identified. These projects further the application of water, under the subject water rights, to beneficial use. 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: Name of Owner: Keller Family Limited Partnership LLLP, Mailing Address: 14802 W 44th Ave, Golden, CO 80403. 19CW3138 (86CW394, 97CW90, 04CW193, 13CW21) City of Longmont, c/o Public Works and Natural Resources Department, 1100 South Sherman Street, Longmont, Colorado 80501, 303.651.8376, waterresources@longmontcolorado.gov, c/o David S. Hayes, Petros & White, LLC, 1999 S. Broadway, Suite 3200, Denver, Colorado 80202, (303) 825-1980 dhayes@petros-white.com. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN BOULDER AND WELD COUNTIES. Name of structure: Union Reservoir Enlargement. Description of conditional water rights: A. Decree: The Conditional Decree for the Union Reservoir Enlargement was entered by the District Court, Water Division No. 1 in Case No. 86CW394 on February 19, 1991. Finding of reasonable diligence were subsequently made in Case Nos. 97CW090 (decree entered July 30, 1998), 04CW193 (decree entered February 13, 2007), and 13CW21 (decree entered July 25, 2013). B. Location: The reservoir will be located in Sections 29, 30, 31 and 32 of Township 3 North, Range 68 West and Sections 5 and 6, Township 2 North, Range 68 West, 6th P.M., Weld County, as depicted on the map attached to the application as Exhibit A, and is available for inspection at the Division 1 Water Clerk or via Colorado Courts E-filing. C. Source: Surface water tributary to St. Vrain Creek. The Union Reservoir Enlargement will be filled from a combination of sources including St. Vrain Creek, the entire flow of Spring Gulch leading into the reservoir, and inflows and drainage into ditches leading into the reservoir. D. Appropriation Date: October 28, 1986. E. Amount: 19,802 acre-feet, conditional. The total enlarged volume of the reservoir is to be 32,570 acre-feet. F. Use: All municipal uses including, but not limited to, domestic, commercial, manufacturing, industrial, agricultural, agricultural irrigation, watering of parks and lawns and gardens, fire

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protection, generation of electric power and power generally, recreation, fish and wildlife propagation, sewage treatment, street sprinkling, maintenance of adequate storage reserves, replacement, augmentation and exchange. G. Name and capacity of ditches leading to the reservoir: The total capacity of the ditches and proposed pipelines leading to the reservoir will be 1,140 cubic feet per second (“cfs”) as follows: i. Portions of the Oligarchy Ditch through Longmont have a capacity of 1,000 cfs and its headgate is located in the NE1/4, Section 27, Township 3 North, Range 70 West, 6th P.M., Boulder County, at a point whence the East 1/4 corner of Section 27 bears S 27º26' E 560 feet more or less; the East line of the NE1/4, Section 27 as bearing North 00º32'42" W with all bearings relative thereto. ii. The proposed Highland Ditch and Supply Ditch Exchange pipeline (a/k/a Union Reservoir Pumpback Pipeline) will have a capacity of 100 cfs. The headgate of the Highland Ditch on St. Vrain Creek is located in the NW1/4, Section 20, Township 3 North, Range 70 West, 6th P.M., Boulder County, being more particularly described as follows: commencing at the NW corner, Section 20, considering the North line of the NW1/4, Section 20 as bearing S 84º19'09" E; thence S 39º41'28" E 1,714.65 feet more or less to the center of the Highland Ditch headgate. The proposed Highland Exchange Structure will be located at the point where the Highland Ditch intersects the N/S center line of Section 19, Township 3 North, Range 68 West, 6th P.M., Weld County; or approximately 2,600 feet East and 200 feet South of the NW corner, Section 19. The headgate of the Supply Ditch on St. Vrain Creek is located in the SW1/4, Section 17, Township 3 North, Range 70 West, 6th P.M., Boulder County, more particularly described as follows: commencing at the SW corner, Section 17 considering the South line of the SW1/4, Section 17 as bearing S84º19'09"E; thence S87º06'51"E 473.42 feet more or less to the center of the Supply Ditch headgate. The proposed Supply Exchange Structure will be located at the point where the Supply Ditch intersects the N/S center line, Section 18, Township 3 North, Range 68 West, 6th P.M., Weld County; or approximately 2,600 feet East and 110 feet North of the SW corner, Section 18. iii. The proposed pipelines from St. Vrain Creek Pump Stations No. 1 and No. 2 will each have a capacity of 20 cfs. The decree entered in Case No. 86CW394 describes the proposed location of the inlet of St. Vrain Pump Station No. 1 as being at a point on the North bank of St. Vrain Creek approximately 1400 feet East and 1560 feet South of the Northwest corner of Section 11, T2N, R69W of the 6th P.M., Boulder County, Colorado; the as-built location of the inlet of St. Vrain Pump Station No. 1, relocated pursuant to §37-86-111, C.R.S. in response to movement of the stream channel during the September 2013 St. Vrain flood event, is at a point on the North bank of St. Vrain Creek located at Latitude 40.1558152°N, Longitude 105.0977706°W, from which the NE Corner of Section 10, T2N, R69W of the 6th P.M. bears N 43 44'38" E, 1941.20 feet. The proposed St. Vrain Creek Pump Station No. 2 will be located at a point on the West bank of St. Vrain Creek approximately 190 feet North and 2,700 feet East of the SW corner, Section 4, Township 2 North, Ranch 68 West, 6th P.M., Weld County. Detailed outline of work done to complete project and apply water to beneficial use: The conditional water right decreed in Case No. 86CW394 (“Union Reservoir Enlargement”) is an integral part of Longmont’s water supply system, wastewater treatment system, and stormwater collection system. Longmont is developing its water system in accordance with a long-term program for the phased construction of additional storage and the use of water rights as needed to meet the expanding residential, commercial and industrial water demands of Longmont. During the subject Diligence Period (July 2013 to the present), Longmont has spent considerable time and money developing its integrated water system. Large expenditures of money will be required in the future to continue this development. Longmont’s efforts to develop its water system and the Union Reservoir Enlargement during the Diligence Period support a finding of reasonable diligence for the conditional water storage right which is the subject of this application. These efforts include, without limitation, the work detailed in the affidavit of Ken S. Huson, Water Resources Manager for Longmont, attached to the application as Exhibit B, and is available for inspection at the Division 1 Water Clerk or via Colorado Courts E-filing. The list is not intended to be all inclusive and may be supplemented by additional evidence at any hearing in this matter. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: The application includes a list of owners and is available for inspection at the office of the Division 1 Water Clerk or via Colorado Courts E-filing. WHEREFORE, Longmont

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respectfully requests that the Court enter a decree finding reasonable diligence for and continuing in full force and effect the conditional Union Reservoir Enlargement water right described in Paragraph 3 above. 19CW3139 SHEA HOMES LIMITED PARTNERSHIP, c/o Regional Counsel, 9380 Station Street, Suite 600, Lone Tree, Colorado 80124, HIGHLANDS RANCH DEVELOPMENT CORPORATION, c/o Regional Counsel, 9380 Station Street, Suite 600, Lone Tree, Colorado 80124 and CENTENNIAL WATER AND SANITATION DISTRICT, c/o General Manager, 62 Plaza Drive, Highlands Ranch, Colorado 80129. Please send all pleadings and correspondence to Paul F. Holleman and Bradley N. Kershaw, Buchanan Sperling & Holleman PC, 1525 Spruce Street, Suite 200, Boulder, Colorado 80302. APPLICATION FOR FINDING OF DILIGENCE, in DOUGLAS COUNTY. 2. Names of structures: Highlands Ranch Reservoir No. 12; Highlands Ranch Reservoir No. 11; Highlands Ranch Reservoir No. 10; Highlands Ranch Reservoir No. 8; Highlands Ranch Reservoir No. 7; Highlands Ranch Reservoir No. 6 (collectively the “Highlands Ranch Reservoirs”). 3. Description of conditional water right for each structure: A. Highlands Ranch Reservoir No. 12: Originally decreed in Case No. 79CW319, Water Division 1, on December 2, 1981. Diligence decrees were entered in Case. No. 85CW288, Water Division 1, on June 17, 1986; in Case No. 89CW168, Water Division 1, on May 30, 1990; in Case No. 96CW124, Water Division 1, on July 7, 1997; in Case No. 03CW266, Water Division 1, on December 27, 2006; and in Case No. 12CW291, Water Division 1, on July 25, 2013. Legal description: In the NW1/4 of Section 28 and the E1/2 of Section 29, T6S, R67W of the 6th P.M., Douglas County, commencing at the NE corner of said Section 29 and assuming the East line of said Section 29 to be North; thence South 51 degrees 30 minutes 00 seconds West 700 feet to the point of beginning; thence South 81 decrees 45 minutes 00 seconds East 1500 feet. Outlet located South 81 degrees 45 minutes 00 seconds East 600 feet from the point of beginning. Source: Big Dry Creek. Appropriation date: May 30, 1979. Amount: 4190 acre-feet, CONDITIONAL. Use: Domestic, municipal, industrial, irrigation, stockwatering, recreation, fish and wildlife propagation, and augmentation, including exchange. The dam is to be 100 feet high, 1500 feet long, with a total capacity of 4190 acre-feet, active capacity of 4000 acre-feet and dead storage of 190 acre-feet. B. Highlands Ranch Reservoir No. 11: Originally decreed in Case No. 79CW320, Water Division 1, on December 2, 1981. Diligence decrees were entered in Case. No. 85CW289, Water Division 1, on June 17, 1986; in Case No. 89CW168, Water Division 1, on May 30, 1990; in Case No. 96CW124, Water Division 1, on July 7, 1997; in Case No. 03CW266, Water Division 1, on December 27, 2006; and in Case No. 12CW291, Water Division 1, on July 25, 2013. Legal description: In the S1/2 of Section 22 and N1/2 of Section 27, T6S, R68W of the 6th P.M., Douglas County, commencing at the SW corner of said Section 22 and assuming the West line of said Section 22 to be North; thence North 67 degrees 00 minutes 00 seconds East 880 feet to the point of beginning; thence South 62 degrees 30 minutes 00 second East 1500 feet. Outlet located South 62 degrees 30 minutes 00 seconds East 750 feet from the point of beginning. Source: Pollock Gulch. Appropriation date: May 30, 1979. Amount: 2540 acre-feet, CONDITIONAL. Use: Domestic, municipal, industrial, irrigation, stockwatering, recreation, fish and wildlife propagation, and augmentation, including exchange. The dam is to be 85 feet high, 1500 feet long, with a total capacity of 2540 acre-feet, active capacity of 2300 acre-feet and dead storage of 240 acre-feet. C. Highlands Ranch Reservoir No. 10: Originally decreed in Case No. 79CW321, Water Division 1, on December 2, 1981. Diligence decrees were entered in Case. No. 85CW290, Water Division 1, on June 17, 1986; in Case No. 89CW168, Water Division 1, on May 30, 1990; in Case No. 96CW124, Water Division 1, on July 7, 1997; in Case No. 03CW266, Water Division 1, on December 27, 2006; and in Case No. 12CW291, Water Division 1, on July 25, 2013. Legal description: In the SE1/4 of Section 2, T7S, R68W of the 6th P.M., Douglas County, commencing at the NE corner of said Section 2 and assuming the East line of said Section 2 to be North; thence South 29 degrees 21 minutes 30 seconds West 2940 feet to the point of beginning; thence South 43 degrees 17 minutes 00 seconds West 1044 feet along dam to location of outlet; thence South 14 degrees 56 minutes 50 seconds West 1164 feet. Source: Sand Creek. Appropriation date: May 30, 1979. Amount: 4530 acre-feet, CONDITIONAL. Use: Domestic, municipal, industrial, irrigation, stockwatering, recreation, fish and wildlife propagation, and augmentation, including exchange. The dam is to be 100 feet high, 2208 feet long, with a total capacity of 4530 acre-feet, active capacity of 4000 acre-feet and dead

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storage of 530 acre-feet. D. Highlands Ranch Reservoir No. 8: Originally decreed in Case No. 79CW323, Water Division 1, on December 2, 1981. Diligence decrees were entered in Case. No. 85CW292, Water Division 1, on June 17, 1986; in Case No. 89CW168, Water Division 1, on May 30, 1990; in Case No. 96CW124, Water Division 1, on July 7, 1997; in Case No. 03CW266, Water Division 1, on December 27, 2006; and in Case No. 12CW291, Water Division 1, on July 25, 2013. Legal description: In the SW1/4 of Section 25, SE1/4 of Section 26, NE1/4 of Section 35 and NW1/4 of Section 36, T6S, R68W of the 6th P.M., Douglas County, commencing at the NE corner of said Section 35 and assuming the East line of said Section 35 to be North; thence South 69 degrees 00 minutes 00 seconds West 1190 feet to the point of beginning; thence North 04 degrees 30 minutes 00 seconds East 1750 feet. Outlet located North 04 degrees 30 minutes 00 seconds East 500 feet from the point of beginning. Source: Beeman Creek. Appropriation date: May 30, 1979. Amount: 4000 acre-feet, CONDITIONAL. Use: Domestic, municipal, industrial, irrigation, stockwatering, recreation, fish and wildlife propagation, and augmentation, including exchange. The dam is to be 90 feet high, 1750 feet long, with a total capacity of 4000 acre-feet, active capacity of 3600 acre-feet and dead storage of 400 acre-feet. E. Highlands Ranch Reservoir No. 7: Originally decreed in Case No. 79CW324, Water Division 1, on December 2, 1981. Diligence decrees were entered in Case. No. 85CW293, Water Division 1, on June 17, 1986; in Case No. 89CW168, Water Division 1, on May 30, 1990; in Case No. 96CW124, Water Division 1, on July 7, 1997; in Case No. 03CW266, Water Division 1, on December 27, 2006; and in Case No. 12CW291, Water Division 1, on July 25, 2013. Legal description: In the SW1/4 of Section 25 and SE1/4 of Section 26, T6S, R68W of the 6th P.M., Douglas County, commencing at the SW corner of said Section 25 and assuming the West line of said Section 25 to be North; thence North 25 degrees 38 minutes 30 seconds East 690 feet to the point of beginning; thence North 25 degrees 11 minutes 30 seconds West 1175 feet. Outlet located North 25 degrees 11 minutes 30 seconds West 300 feet from the point of beginning. Source: Beeman Creek. Appropriation date: May 30, 1979. Amount: 2073 acre-feet, CONDITIONAL. Use: Domestic, municipal, industrial, irrigation, stockwatering, recreation, fish and wildlife propagation, and augmentation, including exchange. The dam is to be 75 feet high, 1175 feet long, with a total capacity of 2073 acre-feet, active capacity of 1900 acre-feet and dead storage of 173 acre-feet. F. Highlands Ranch Reservoir No. 6: Originally decreed in Case No. 79CW325, Water Division 1, on December 2, 1981. Diligence decrees were entered in Case. No. 85CW294, Water Division 1, on June 17, 1986; in Case No. 89CW168, Water Division 1, on May 30, 1990; in Case No. 96CW124, Water Division 1, on July 7, 1997; in Case No. 03CW266, Water Division 1, on December 27, 2006; and in Case No. 12CW291, Water Division 1, on July 25, 2013. Legal description: In the SW1/4 of Section 1, T7S, R68W of the 6th P.M., Douglas County, commencing at the NW corner of said Section 1; thence South 2500 feet along the West line of said Section 1 to the point of beginning; thence South 1500 feet. Outlet located South 750 feet from the point of beginning. Source: Sand Creek. Appropriation date: May 30, 1979. Amount: 2350 acre-feet, CONDITIONAL. Use: Domestic, municipal, industrial, irrigation, stockwatering, recreation, fish and wildlife propagation, and augmentation, including exchange. The dam is to be 70 feet high, 1500 feet long, with a total capacity of 2350 acre-feet, active capacity of 2000 acre-feet and dead storage of 350 acre-feet. 4. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to beneficial use as conditionally decreed, including expenditures: The subject conditional water rights for Highlands Ranch Reservoir Nos. 6, 7, 8, 10, 11, and 12 are one of the components of Centennial’s unified water supply system for Highlands Ranch. See paragraph 3.6 of the decree in Case No. 85CW415, District Court, Water Division 1. Highlands Ranch is a development consisting of approximately 22,000 acres in Douglas County, including the community of Highlands Ranch. Centennial is responsible for providing a municipal water supply to Highlands Ranch. Centennial’s efforts toward development of the subject conditional water rights during the diligence period include, but are not limited to, the activities and expenditures described below. This list is not intended to be comprehensive and may be supplemented by additional evidence: A. Centennial has included the Highlands Ranch Reservoirs in its periodic water supply facilities planning activities as alternative raw water storage sites. An update to Centennial’s water supply facilities planning is being conducted in 2019 in response to legislation entitled America’s Water Infrastructure Act of 2018 (S.3021, Pub.L. 115-270). B. The Highlands Ranch Reservoirs are located in an 8,200 acre area located south of the Centennial service

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area on land which is dedicated as open space and owned by the Highlands Ranch Community Association, Inc. (“HRCA”). The documents conveying the land to HRCA retained easements and other interests necessary for the construction and operation of the Highlands Ranch Reservoirs. Centennial continues to retain those interests. The HRCA has indicated its preference that Centennial develop the Highlands Ranch Reservoirs in furtherance of HRCA’s recreation development goals. C. Centennial has been a leading participant in the Chatfield Reservoir Reallocation Project. The Final Feasibility Report and Environmental Impact Statement (FR/EIS) for that project was published in July 2013 and included, as one of the 38 alternatives, the development of the Highlands Ranch Reservoirs. In May 2014, the Chatfield Reservoir Reallocation Project received its Record of Decision approving the project described in the FR/EIS. The project was subsequently litigated by the Audubon Society of Greater Denver, a process lasting from October 2014 to February 2019. One of the issues litigated was the adequacy of the alternatives analysis. Centennial spent approximately $40,500,000 on the Chatfield Reservoir Reallocation Project. D. Centennial is a member of the South Metro Water Supply Authority (“SMWSA”), which, among other activities, studies various water supply project alternatives to meet the collective needs of its members located in the South Metro Denver area. The SMWSA periodically produces Master Plans describing the alternatives for developing additional water sources and raw water storage. The subject water rights have been included in SMWSA analyses. E. The subject water rights are part of a unified water supply system that is being constructed to supply water to Highlands Ranch for municipal and other purposes. Centennial spent approximately $79 million on system-wide improvements to develop its municipal water and wastewater systems. These costs include the following: raw water storage facilities, $46.9 million; wastewater treatment plant improvements, $6.1 million; water treatment plant improvements, $797,396; water infrastructure, $8.7 million; wastewater infrastructure, $7.1 million; and booster pump stations, $9.3 million. F. Centennial incurred significant legal and engineering fees and costs associated with participating as an objector in various Water Court cases to protect its water rights, including the subject conditional water rights, from injury due to claims of other water users. Centennial continues to rely upon the subject conditional water rights and has no intention to abandon same. 5. If claim to make absolute in whole or part: Not applicable. 6. Name(s) and address(es) of owner(s) of land upon which any new diversion or storage structure or modification to any existing diversion or storage structure or existing storage pool is or will be constructed or upon which water is or will be stored: Highlands Ranch Community Association, Inc., 9568 South University Blvd., Highlands Ranch, Colorado 80125. WHEREFORE, Applicants request the Court to enter a decree determining that reasonable diligence has been shown toward completion of the appropriations for the conditional water rights for Highlands Ranch Reservoir Nos. 12, 11, 10, 8, 7 and 6 and continuing the conditional water rights for these reservoirs in full force and effect for an additional diligence period. (10 pages). 19CW3140 CENTENNIAL WATER AND SANITATION DISTRICT, c/o General Manager, 62 Plaza Drive, Highlands Ranch, Colorado 80129 (“Centennial”). Please send all pleadings and correspondence to Paul F. Holleman and Bradley N. Kershaw, Buchanan Sperling & Holleman PC, 1525 Spruce Street, Suite 200, Boulder, Colorado 80302. APPLICATION FOR FINDING OF DILIGENCE AND TO MAKE CONDITIONAL WATER RIGHTS PARTIALLY ABSOLUTE, in ARAPAHOE, DOUGLAS, JEFFERSON AND PARK COUNTIES. 2. Names of Structures: Centennial may divert and/or store water out-of-priority and/or by substitution and exchange at the following described structures, under the augmentation plan, substitutions and exchanges originally decreed in Case No. 85CW415 and as changed in Case No. 93CW178, District Court, Water Division 1: A. Alluvial Wells: (1) South Platte Alluvial Well Field No. 1: Eight (8) wells, having estimated pumping capacities of 1500 to 2000 gpm each and estimated depths of 45 to 55 feet, proposed to be constructed in the South Platte River alluvium downstream from Chatfield Reservoir within 200 feet of the following locations in the North 1/2 of Section 6, Township 6 South, Range 68 West, 6th P.M., Douglas County: Well No. SP-1, 450 feet from the north section line and 3180 feet from the east section line; Well No. SP-2, 350 feet from the north section line and 2400 feet from the east section line; Well SP-3, 300 feet from the north section line and 2100 feet from the east section line; SP-4, 250 feet from the north section line and 1750 feet from the east section line; SP-5, 1050 feet

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from the north section line and 1750 feet from the east section line; SP-6, 1050 feet from the north section line and 2100 feet from the east section line; SP-7, 1000 feet from the north section line and 2550 feet from the east section line; SP-8, 950 feet from the north section line and 3080 feet from the east section line. (2) South Platte Alluvial Well Field No. 2: Six (6) wells, having estimated pumping capacities of 1500 to 2000 gpm and estimated depths of 45 to 55 feet, proposed to be constructed in the South Platte River alluvium downstream from Chatfield Reservoir within 200 feet of the following locations in the East 1/2 of Section 31, Township 5 South, Range 68 West, 6th P.M., Arapahoe County: Well No. SP-9, 3130 feet from the north section line and 400 feet from the east section line; SP-10, 2780 feet from the north section line and 700 feet from the east section line; SP-11, 3590 feet from the north section line and 400 feet from the east section line; SP-12, 2580 feet from the north section line and 550 feet from the east section line; SP-13, 2180 feet from the north section line and 150 feet from the east section line; SP-14, 3930 feet from the north section line and 50 feet from the east section line. Well Nos. SP-9, SP-10, SP-11 and SP-12 have been constructed. (3) Plum Creek Alluvial Wells: The following proposed wells, having estimated pumping capacities of 350 to 700 gpm and estimated depths of approximately 50 feet, to be constructed in the alluvium of Plum Creek within 200 feet of the following locations: PC-1: A point on Plum Creek in the Southwest 1/4 of Section 20, Township 6 South, Range 68 West, 6th P.M., Douglas County, 2320 feet east of the west boundary and 1550 feet north of the south boundary of said Section 20. PC-2: A point on Plum Creek in the Northeast 1/4 of Section 29, Township 6 South, Range 68 West, 6th P.M., Douglas County, 40 feet south of the north boundary and 1820 feet west of the east boundary of said Section 29. PC-3: A point on Plum Creek in the Southwest 1/4 of Section 28, Township 6 South, Range 68 West, 6th P.M., Douglas County, 50 feet north of the south boundary and 50 feet east of the west boundary of said Section 28. PC-4: The historic point of diversion of the Lower Plum Creek Ditch at a point on the west bank of Plum Creek near the southeast corner of the southwest quarter of the northwest quarter of Section 20, Township 6 South, Range 68 West, 6th P.M., Douglas County. B. City Ditch Pipeline at Chatfield Dam: The center line of the Chatfield Reservoir outlet conduit to the City Ditch intersects the center line of the dam at a point whence the northwest corner of Section 1, Township 6 South, Range 69 West, 6th P.M., Jefferson County, bears North 49 degrees West 4070 feet. C. Chatfield Reservoir: The reservoir formed by Chatfield Dam, an existing structure located on the mainstem of the South Platte River. The right abutment is located in Douglas County, in Sections 6 and 7, Township 6 South, Range 68 West, of the 6th P.M.; the left abutment is located in Jefferson County, in Section 1, Township 6 South, Range 69 West of the 6th P.M. D. McLellan Reservoir: Located on Dad Clark Gulch, a tributary of the South Platte River, in Sections 32 and 33 of Township 5 South, Range 68 West, 6th P.M., Arapahoe County, and Sections 4 and 5, Township 6 South, Range 68 West, 6th P.M., Douglas County, with the initial point of survey being a point whence the Southeast corner of Section 32, Township 5 South, Range 68 West, 6th P.M., bears South 71 degrees 0 minutes East 2489.5 feet. Water may be stored in McLellan Reservoir from Dad Clark Gulch, from the South Platte River through the City Ditch diversion at Chatfield Dam via the McLellan Pump Station, from the South Platte River through the Highline Canal, from South Platte Alluvial Well Field No. 2 and Nevada Ditch. E. Highline Canal: An existing headgate located on the south bank of the South Platte River at a point whence the Southeast Corner of Section 33, Township 6 South, Range 69 West of the 6th P.M., Douglas County, bears South 37 degrees 51 minutes East 2242 feet. F. Strontia Springs Diversion Dam: An existing diversion structure on the South Platte River in the Northwest 1/4 of the Northwest 1/4 of Section 21, Township 7 South, Range 69 West of the 6th P.M., Douglas and Jefferson Counties, with the right abutment of the diversion dam located at a point whence the Northeast corner of Section 21, Township 7 South, Range 69 West of the 6th P.M. bears North 78 degrees 33 minutes 50 seconds 4480.12 feet. G. Two Forks Reservoir and Alternates: (1) Two Forks Reservoir, proposed to be constructed on the South Platte River below its confluence with the North Fork of the South Platte River, in Section 25, Township 7 South, Range 70 West of the 6th P.M., Douglas and Jefferson Counties. (2) Estabrook Dam and Reservoir, a potential alternative to Two Forks Reservoir, would be constructed on the North Fork of the South Platte River near its confluence with Craig Creek, in Sections 2 and 3, Township 8 South, Range 72 West of the 6th P.M., Park County. (3) Cheesman Reservoir Enlargement, a potential alternative to Two Forks Reservoir, would be located on the South Platte River a short distance downstream

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from the existing Cheesman Dam in the Southwest 1/4 of Section 6, Township 10 South, Range 70 West of the 6th P.M., Douglas and Jefferson Counties. H. Highlands Ranch Gulches: (1) Dad Clark Gulch Diversion Points: On Dad Clark Gulch in Section 3, Township 6 South, Range 68 West of the 6th P.M., Douglas County, approximately 700 feet from the North section line and 100 feet from the West section line, and approximately 2250 feet from the North section line and 1050 feet from the West section line. (2) Marcy Gulch Diversion Point: On Marcy Gulch in Section 5, Township 6 South, Range 68 West of the 6th P.M., Douglas County, approximately 2050 feet from the South section line, and 150 feet from the West section line. (3) Spring Gulch Diversion Point: On Spring Gulch in Section 8, Township 6 South, Range 68 West of the 6th P.M., Douglas County, approximately 1550 feet from the South section line, and 2600 feet from the East section line. (4) Big Dry Creek Diversion Points: In the Big Dry Creek drainage basin in Section 1, Township 6 South, Range 68 West of the 6th P.M., Douglas County, approximately 400 feet from the North section line and 1150 feet from the East section line; and in Section 6, Township 6 South, Range 67 West of the 6th P.M., approximately 1600 feet from the North section line and 550 feet from the East section line. (5) Willow Creek Diversion Point: In the Willow Creek drainage basin in Section 5, Township 6 South, Range 67 West of the 6th P.M., Douglas County, approximately 100 feet from the North section line and 1170 feet from the East section line. I. Highlands Ranch Reservoirs: Six reservoirs proposed to be constructed on Highlands Ranch on Big Dry Creek, Pollock Gulch, Sand Creek and Beeman Creek, all tributary to the South Platte River. The locations of the reservoir sites are described in the conditional water storage right decrees entered December 2, 1981, in Case Nos. 79CW319 through 79CW321 and 79CW323 through 79CW325, District Court, Water Division 1, which are incorporated herein by this reference. All are located on Highlands Ranch in Douglas County. J. South Platte Reservoir: Located in portions of the W1/2 and of the SE1/4 of Section 31, Township 5 South, Range 68 West, of the 6th P.M., Arapahoe County, and in the E1/2 of the SE1/4 and the SE1/4 of the NE1/4 of Section 36, Township 5 South, Range 69 West, of the 6th P.M., Jefferson County. Water may be stored in South Platte Reservoir from 7-11 Gulch, from other direct inflows into South Platte Reservoir, and from the South Platte River via the Chatfield Reservoir Outlet Manifold to Last Chance Ditch No. 2, Nevada Ditch and City Ditch and South Platte Alluvial Well Field No. 2. K. Chatfield Reservoir Outlet Manifold to Last Chance Ditch No. 2 and Nevada Ditch: The Chatfield Reservoir Outlet Manifold intersects the centerline of the Chatfield Dam at a point whence the northwest corner of Section 1, Township 6 South, Range 69 West, 6th P.M., Jefferson County, bears North 49 degrees West a distance of 4070 feet. 3. Describe conditional water rights giving the following from the Referee's Ruling and Judgment and Decree: A. Date of original decree, Case No., Court: The water rights for the augmentation plan, exchanges and substitutions that are the subject of this application were originally decreed in Case No. 85CW415, District Court, Water Division 1, on December 8, 1988, and are described in paragraphs 1.44 through 1.68, 1.70 and 1.72 of that decree. The decree in Case No. 85CW415 provides that each water right, source of water and structure described in the decree is part of a unified water supply system for the purposes of reasonable diligence. B. Previous decrees finding reasonable diligence and making portions absolute or approving changes of the subject water rights: Decrees finding reasonable diligence and making absolute portions of the water rights for the augmentation plan, exchanges and substitutions decreed in Case No. 85CW415 were entered in Case No. 94CW286, District Court, Water Division 1 on February 28, 1996; in Case No. 02CW37, District Court, Water Division 1, on November 17, 2005; and in Case No. 11CW244, District Court, Water Division 1, on July 12, 2013. A decree approving changes of the water rights for the augmentation plan, exchanges and substitutions decreed in Case No. 85CW415 was entered in Case No. 93CW178, District Court, Water Division 1 on October 27, 1998. C. Legal descriptions: The reaches of the South Platte River and its tributaries for which the water rights for the augmentation plan, exchanges, and substitutions are decreed are the following: (1) South Platte River Exchange Reach: (a) Downstream Point: Confluence of Little Dry Creek with South Platte River, in Section 33, T4S, R68W, 6th P.M., Arapahoe County, approximately 2350 feet from the South section line and 1650 feet from the East section line. (b) Upstream Points: (i) Two Forks Reservoir, proposed to be constructed on the South Platte River below its confluence with the North Fork of the South Platte River, in Section 25, T7S, R70W, 6th P.M., Douglas and Jefferson Counties. (ii) Estabrook Dam and Reservoir, proposed to be constructed on the North Fork of the South Platte River

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near its confluence with Craig Creek, in Sections 2 and 3, T8S, R72W, 6th P.M., Park County. (c) This exchange reach includes the 7-11 Gulch drainage from South Platte Reservoir to the confluence of 7-11 Gulch with the South Platte River, in the NE1/4 of Section 31, Township 5 South, Range 68 West, of the 6th P.M., Arapahoe County. (2) Plum Creek Exchange Reach: (a) Downstream Point: Chatfield Dam, an existing structure located on the mainstem of the South Platte River. The right abutment is located in Douglas County, in Sections 6 and 7, Township 6 South, Range 68 West, of the 6th P.M.; the left abutment is located in Jefferson County, in Section 1, Township 6 South, Range 69 West of the 6th P.M. (b) Upstream Point: Plum Creek Alluvial Well PC-3, proposed to be constructed at or within 200 feet of a point on Plum Creek in the southwest quarter of Section 28, T6S, R68W, 6th P.M., Douglas County, 50 feet north of the south boundary and 50 feet east of the west boundary of said Section 28. (3) The appropriative rights for the augmentation plan, exchanges and substitutions decreed in Case No. 85CW415 encompass the drainage basin of each of the Highlands Ranch Gulches described in the decree in Case No. 85CW415 (Spring Gulch, Marcy Gulch, Dad Clark Gulch, Big Dry Creek and Willow Creek/Little Dry Creek) down to the confluence of the gulch with the South Platte River. D. Sources: The following described water and water rights may be used for the augmentation plan, substitutions and exchanges that are the subject of this application. The sources from which such water and water rights are decreed include the Denver Basin aquifers, water imported from the Colorado River Basin, and the South Platte River and its tributaries (including their alluviums): (1) Nontributary Groundwater: (a) Laramie-Fox Hills Aquifer Wells: (i) Up to 4500 acre-feet of nontributary Laramie-Fox Hills aquifer groundwater which may be diverted annually by wells on Highlands Ranch pursuant to the decree entered October 30, 1979, in Case No. W-9192-78, District Court, Water Division 1. By a decree entered on October 24, 1986, in Case No. 83CW237, District Court, Water Division 1, the requirement of obtaining quadrennial findings of reasonable diligence was eliminated. Eight (8) of the fifteen (15) wells proposed to be constructed initially pursuant to the decree in Case No. W-9192-78 have been constructed. The locations of the wells and the nontributary groundwater rights decreed in Case No. W-9192-78 are more particularly described in said decree and in the decree entered in Case No. 83CW237, which are hereby incorporated by this reference. (ii) 509.1 acre-feet of nontributary Laramie-Fox Hills aquifer groundwater which may be diverted annually by wells on Highlands Ranch pursuant to the decree entered January 31, 1985, in Case No. 82CW479, District Court, Water Division 1. Said wells will be located on the western portion of the Highlands Ranch that was not included in the adjudication in Case No. W-9192-78. None of the three (3) wells proposed to be constructed initially pursuant to the decree in Case No. 82CW479 has been constructed. The locations of the wells and the nontributary groundwater rights decreed in Case No. 82CW479 are more particularly described in said decree, which is hereby incorporated by this reference. (b) Arapahoe Aquifer Wells: 4915 acre-feet of nontributary Arapahoe aquifer groundwater which may be diverted annually by wells located on Highlands Ranch pursuant to the decree entered February 27, 1981, nunc pro tunc as of December 10, 1980, in Case No. W-9192-78, District Court, Water Division 1. By a decree entered on June 20, 1986, in Case No. 84CW482, District Court, Water Division 1, the requirement of obtaining quadrennial findings of reasonable diligence was eliminated. All thirteen (13) of the wells proposed to be constructed initially pursuant to the decree in Case No. W-9192-78 have been constructed. An application for change of water rights to conform decreed well locations to actual well locations was decreed in Case No. 84CW483, District Court, Water Division 1, on May 12, 1986. By decree in Case No. 06CW202, District Court, Water Division 1, entered on January 23, 2012, a replacement well for Well A-1 was approved. The locations of the wells and the decreed nontributary groundwater rights are more particularly described in the decrees in Case No. 84CW483, Case No. W-9192-78 and Case No. 06CW202, which are hereby incorporated by this reference. (c) Denver Aquifer Wells: (i) Up to 5111 acre-feet of nontributary Denver aquifer groundwater which may be diverted annually by wells located on Highlands Ranch pursuant to the decree entered September 5, 1984, in Case No. 80CW445, District Court, Water Division 1. Fourteen (14) of the twenty (20) wells proposed to be constructed initially pursuant to the decree in Case No. 80CW445 have been constructed. The locations of the wells and the decreed nontributary groundwater rights are more particularly described in the decree in Case No. 80CW445, which is hereby incorporated by this reference. Pursuant to a stipulation between the applicants and the State of Colorado incorporated in that decree, an amount of water equal to four percent

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(4%) of the nontributary groundwater diverted annually shall be delivered to the South Platte River system at or upstream of Marcy Gulch. (ii) Eighty (80) acre-feet of nontributary groundwater which may be diverted annually from the Denver aquifer, plus 52 acre-feet of nontributary groundwater which may be diverted annually from the Denver and Arapahoe aquifers, by two (2) existing wells located on the Highlands Ranch pursuant to the decree entered September 5, 1984, in Case No. W-6072, District Court, Water Division 1. The locations of the wells and the nontributary groundwater rights decreed in Case No. W-6072 are more particularly described in said decree, which is hereby incorporated by this reference. (d) Dawson Aquifer Wells: Up to 390 acre-feet of nontributary Dawson aquifer groundwater which may be diverted annually by wells located on Highlands Ranch pursuant to the decree entered September 5, 1984, in Case No. 82CW480, District Court, Water Division 1. One (1) of the seven (7) wells proposed to be constructed initially pursuant to the decree in Case No. 82CW480 has been constructed. The locations of the wells and the nontributary groundwater rights decreed in Case No. 82CW480 are more particularly described in said decree, which is hereby incorporated by this reference. (e) Each decree adjudicating the nontributary groundwater rights described above specifically provides for reuse and successive uses of the water diverted, except for the 4% replacement requirement with respect to the nontributary Denver aquifer groundwater decreed in Case No. 80CW445, and provides for use of such water for storage, exchange, replacement of depletions and augmentation purposes. Water returned after use or delivered directly to the South Platte River system from the nontributary groundwater diversions may be used for augmentation, substitution and exchange. The method for determining the quantity of such return flows is set forth in the decree in Case No. 85CW415. (2) Tributary (“Not Nontributary”) Denver Aquifer Wells: 1876 acre-feet of Denver aquifer groundwater which may be diverted annually by wells on Highlands Ranch pursuant to the decree in Case No. 85CW415. Four wells have been constructed. Subject to the replacement requirement(s) described in paragraphs 1.12 through 1.19 of the decree in Case No. 85CW415, and subject to the other provisions of such decree, water returned after use or delivered directly to the South Platte River system from such tributary Denver aquifer wells may be reused, successively used, and used for substitution, exchange and augmentation until totally consumed. The method for determining the quantity of return flows after use is set forth in the decree in Case No. 85CW415. Water withdrawn from the tributary Denver aquifer pursuant to the decree in Case No. 85CW415 is accounted for as a reusable source of water, subject to the replacement requirements provided for in such decree, and such withdrawals are not accounted for as out of priority diversions from tributary sources. (3) Plum Creek Water Rights: Up to 688 acre-feet of totally consumable water which, pursuant to the decree entered April 17, 1980, in Case No. W-6072, the decree in Case No. 85CW415, and the decree in Case No. 93CW177, District Court, Water Division 1, entered July 30, 1996, may be diverted and/or stored at alternate points of diversion on Plum Creek and the South Platte River and alternate places of storage, including Chatfield Reservoir, McLellan Reservoir, reservoirs to be constructed on Highlands Ranch, and South Platte Reservoir. Such water may be reused and successively used to extinction. The previously decreed alternate points of diversion and places of storage, limitations on diversions, and other information about said water rights are set forth in the decrees in Case Nos. W-6072, 85CW415 and 93CW177, which are hereby incorporated herein by this reference. (4) Storage Water: (a) McLellan Reservoir (location described in paragraph 2.D. herein): Water storable in McLellan Reservoir from any of the following sources: (i) Water storable under the storage rights totaling 5,940 acre-feet decreed to McLellan Reservoir from the South Platte River basin and the Fraser River basin by the decree entered May 18, 1972, in Civil Action No. 3635, Douglas County District Court; (ii) Water storable from the South Platte River by exchange for water from the Colorado River basin, under the decree entered July 1, 1983, in Case No. W-8456-76, District Court, Water Division 1; (iii) Water deliverable from the Colorado River and South Platte River basins pursuant to the Water Exchange Agreement dated March 17, 1964, between the City of Englewood and the City and County of Denver, as modified by the agreement dated September 2, 1969, among Englewood, Denver and American Metal Climax, Inc., and as further modified by the Settlement Agreement dated August 11, 1995 among Englewood, Denver and Cyprus Climax Metals Co.; (iv) Water storable directly or by exchange from each of the sources described in this paragraph 3.D., including return flows from such sources that are reusable pursuant to the decree in Case No. 85CW415. Pursuant to long-term agreements with the City of

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Englewood, Centennial currently is entitled to use approximately 3980 acre-feet of the capacity of McLellan Reservoir. (b) Chatfield Reservoir (location described in paragraph 2.C. herein): Water storable in Chatfield Reservoir from any of the following sources: (i) Water storable from the South Platte River and Plum Creek under the storage right for 6,000 acre-feet conditionally decreed June 16, 1987 in Case No. 84CW411, District Court, Water Division 1; (ii) Water storable directly or by exchange from each of the sources described in this paragraph 3.D., including return flows from such sources that are reusable pursuant to the decree in Case No. 85CW415. (c) Highlands Ranch Reservoirs (locations described in paragraph 2.I. herein): Water storable in the Highlands Ranch Reservoirs from any of the following sources: (i) Water storable under the storage rights conditionally decreed December 2, 1981 in Case Nos. 79CW319 through 79CW321 and 79CW323 through 79CW325; (ii) Water storable directly or by exchange from each of the sources described in this paragraph 3.D, including return flows from such sources that are reusable pursuant to the decree in Case No. 85CW415. (d) Two Forks Reservoir and Alternates (locations described in paragraph 2.G. herein): Water storable from any source, including without limitation the following: (i) Water storable under the storage rights conditionally decreed to Two Forks Reservoir in Civil Action 3286, Park County District Court, and Case No. 86CW366, District Court, Water Division 1; (ii) Water storable directly or by exchange from each of the sources described in this paragraph 3.D., including return flows from such sources that are reusable pursuant to the decree in Case No. 85CW415. (e) South Platte Reservoir (location described in paragraph 2.J. herein): Water storable in South Platte Reservoir from any of the following sources: (i) Water storable in South Platte Reservoir pursuant to the 1984 Chatfield Reservoir storage right decreed in Case No. 84CW411, as changed to South Platte Reservoir as an alternate place of storage in Case No. 93CW082, District Court, Water Division 1, decree entered August 27, 1997. The source for this water right is the South Platte River and its tributaries, including Plum Creek and its tributaries; (ii) Water storable in South Platte Reservoir pursuant to the storage right decreed August 8, 1997 in Case No. 95CW239, District Court, Water Division 1. The sources of water for this water right are 7-11 Gulch and all other direct inflows to South Platte Reservoir, tributary to the South Platte River; and the South Platte River and its tributaries. (5) Surplus Reusable Return Flows: Reusable return flows to the South Platte River system on any day from indoor and outdoor uses that exceed Centennial’s daily out-of-priority depletion from the South Platte River system that day, as determined in accordance with the methodology described in paragraph 1.59 of the decree in Case No. 85CW415. Surplus Reusable Return Flows may be reused and successively used to extinction or otherwise disposed of directly or by substitution and exchange. (6) Each source of storage water described in this paragraph 3.D. may be used for augmentation, replacement of depletions, exchanges and substitutions pursuant to the decree in Case No. 85CW415. Each such source of storage water may be reused, successively used, and otherwise disposed of to extinction, subject to the following exceptions: (a) Water stored in McLellan Reservoir from the South Platte River and Dad Clark Gulch directly (rather than by exchange) under the storage right decreed in Civil Action No. 3635, Douglas County District Court, may not be reused; (b) Water delivered pursuant to the "Denver Exchange" provisions of the March 17, 1964, Water Exchange Agreement, as modified (described in paragraph 3.D(4)(a)(iii) herein) may not be reused without the prior agreement of the Denver Water Board; (c) Water stored in Chatfield Reservoir or South Platte Reservoir under the storage right decreed in Case No. 84CW411 may not be reused, pursuant to this Court's ruling in that case; (d) Water stored in the Highlands Ranch Reservoirs from native tributary water sources on Highlands Ranch under the storage rights decreed in Case Nos. 79CW319 through 79CW321 and 79CW323 through 79CW325 may not be reused; (e) Water stored in Centennial’s account in Two Forks Reservoir (or alternates) from the yield of that project may not be reused unless Centennial enters into a separate agreement with the Denver Water Board providing for such reuse. E. Appropriation Date: October 17, 1985, except with respect to augmentation, substitution, or exchange utilizing: (1) The South Platte Reservoir storage right decreed in Case No. 95CW239 and described above in paragraph 3.D(4)(e)(ii); (2) The sources known as 7-11 Gulch and other direct inflows to South Platte Reservoir, as described above in paragraph 3.D(4)(e)(ii); and (3) The exchange reach encompassing the 7-11 Gulch drainage extending from South Platte Reservoir to the confluence of 7-11 Gulch with the South Platte River as described above in paragraph 3.C(1)(c). The appropriation date of any augmentation, substitution, or exchange utilizing the water right, sources, or

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exchange reach described in paragraphs 3.E(1)through 3.E(3) is November 28, 1995. F. Amount: 62 cfs, 8.28 cfs of which has been made absolute at the South Platte Alluvial Well Field No. 2, 5.88 cfs of which has been made absolute at the City Ditch Pipeline at Chatfield Dam, 10.04 cfs of which has been made absolute at McLellan Reservoir, 5.06 cfs of which has been made absolute at Nevada Ditch, 10.67 cfs of which has been made absolute at Last Chance Ditch No. 2, and 2.35 cfs of which has been made absolute at 7-11 Gulch, for the decreed purposes, and the remainder of which (19.72 cfs) remains conditional. G. Uses: Water may be used, reused, successively used and otherwise disposed of for municipal, domestic, industrial, commercial, irrigation, stockwatering, recreation and fish and wildlife purposes, artificial recharge of the Denver Basin aquifers underlying Highlands Ranch, and including replacement of depletions and augmentation, on Highlands Ranch, within the Highlands Ranch water system, and at other locations in the South Platte River basin. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: The subject augmentation plan, substitutions and exchanges are one of the components of Centennial’s unified water supply system that is being constructed to supply water to Highlands Ranch for municipal and other purposes. Highlands Ranch is a development consisting of approximately 22,000 acres in Douglas County, including the community of Highlands Ranch. Centennial is responsible for providing a municipal water supply to Highlands Ranch. Centennial’s efforts toward development of the subject water rights during the diligence period include, but are not limited to, the activities and expenditures described below. This list is not intended to be comprehensive and may be supplemented by additional evidence: A. Centennial spent approximately $79 million on system-wide improvements to develop its municipal water and wastewater systems. These costs include the following: raw water storage facilities, $46.9 million; wastewater treatment plant improvements, $6.1 million; water treatment plant improvements, $797,396; water infrastructure, $8.7 million; wastewater infrastructure, $7.1 million; and booster pump stations, $9.3 million. B. Centennial has continuously operated its augmentation plan, substitutions and exchanges to divert water in varying amounts and apply it to beneficial use for the decreed purposes up to the already absolute amounts. The operation of the subject water rights during the diligence period has been with the knowledge and approval of the Water Commissioner and reports concerning it have been prepared by Centennial and filed regularly with the Water Commissioner and Division Engineer. A claim to make additional amounts of the conditional rights absolute is included herewith. Such diversion and use of water in amounts greater than the amounts previously decreed absolute is evidence of reasonable diligence in the development of Centennial’s municipal water supply system, including the conditional water rights decreed in Case No. 85CW415. C. Centennial has spent approximately $122,000 on developing the outdoor use return flow reuse program which was decreed in Case No. 85CW415 and which enables Centennial to use outdoor use return flows for augmentation, substitution and exchange. Such development consisted of the following specific activities: (1) Dad Clark Gulch drainage basin: (a) Centennial has continuously measured and accounted for outdoor use return flows on Dad Clark Gulch; (b) Centennial has conducted periodic maintenance of the gauging station and periodic collection and analysis of water quality samples on Dad Clark Gulch at a total expense of approximately $9,500. (2) Big Dry Creek drainage basin: (a) Centennial has continuously measured and accounted for outdoor use return flows on Big Dry Creek; (b) Centennial and the US Geological Survey have conducted operations and maintenance of the gauging station on Big Dry Creek at a total expense of approximately $100,100. (3) Marcy Gulch drainage basin: (a) Centennial has continuously measured and accounted for outdoor use return flows on Marcy Gulch; (b) Centennial has conducted operations and maintenance of the gauging station on Marcy Gulch at a total expense of approximately $12,400. D. Centennial has engaged in the following efforts regarding the development of surface water diversion points at which Centennial may divert and store water under the augmentation plan, substitutions and exchanges decreed in Case No. 85CW415 and as changed in Case No. 93CW178: (1) City Ditch: Centennial has made payments to the City of Englewood to lease the use of excess capacity in the facility as given in the Water Storage and Facilities Agreement (“WSFA”) at a total expense of approximately $1,101,200. Additionally, Centennial has made payments to the City of Englewood for the operation and maintenance of the facility as required in the WSFA at a total expense of approximately

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$138,300. (2) Last Chance Ditch: Centennial has engaged in efforts to analyze, maintain and calibrate the gauging station at a total expense of approximately $5,500. Additionally, Centennial has worked with the Division Engineer to share the periodic electronic information from the gauge. (3) Nevada Ditch: Centennial has made payments to the City of Englewood for the operation and maintenance of the facility as required in the WSFA at a total expense of approximately $138,000. (4) South Platte Alluvial Well Field No. 1: Centennial has held ongoing discussions with Colorado Parks and Wildlife about coordinating efforts to develop the wells, including taking new water quality samples. (5) South Platte Alluvial Well Field No. 2: Centennial has maintained the wells, calibrated meters and made repairs at a total expense of approximately $19,100. E. Centennial engaged in the following efforts regarding development of storage capacity in which Centennial may store water under the augmentation plan, substitutions and exchanges decreed in Case No. 85CW415 and as changed in Case No. 93CW178: (1) South Platte Reservoir: Centennial obtained a decree in Case No. 93CW178, entered on October 27, 1998, adding South Platte Reservoir as a place of storage for the plan for augmentation, substitutions and exchanged decreed in Case No. 85CW415. On June 15, 2014, in Case No. 12CW199, District Court, Water Division 1, Centennial obtained a finding of reasonable diligence for the South Platte Reservoir storage right originally decreed in Case No. 95CW239. Centennial has engaged in various maintenance and repairs at South Platte Reservoir at a total expense of approximately $35,000. Centennial spent approximately $9,100 to prepare annual reports and annual inspections of the South Platte Reservoir by the Colorado Division of Water Resources. Centennial has also periodically collected and analyzed water quality samples from the South Platte Reservoir at a total expense of approximately $47,700. (2) McLellan Reservoir: Centennial has made payments to the City of Englewood to lease storage space in McLellan Reservoir per the WSFA at a total expense of approximately $1,845,600. Centennial also renewed a Water Lease and Management Agreement with the City of Englewood, which leases storage space in McLellan Reservoir to Centennial. Additionally, Centennial has periodically collected and analyzed water quality samples from McLellan Reservoir at a total expense of approximately $47,700. (3) Chatfield Reservoir: Centennial has engaged in extensive activities during the diligence period furthering the Chatfield Reservoir Reallocation Project and to secure a permanent right to store water in Chatfield Reservoir. The Department of the Army and Colorado Department of Natural Resources (“CDNR”) entered into a Water Storage Agreement for the Chatfield Reservoir Reallocation Project on October 9, 2014. On October 16, 2015, Centennial entered into a Water Provider Agreement with CDNR for the permanent right to use 6,922 acre feet of reallocated storage space in Chatfield Reservoir. In connection with the Water Provider Agreement, Centennial deposited $4,502,657 in cash and $44,440,000 in Colorado Water Conservation Board loan proceeds, for a total of $48,942,657, into an escrow account to cover its pro rata share of estimated future payments to complete the mitigation obligations for the project. Centennial staff and consultants participated in all aspects of the process to obtain the required approvals for the Chatfield Reservoir Reallocation Project, including the negotiation of the various agreements described above. Additionally, Centennial spent approximately $40,500,000 on project activities related to construction. On October 23, 2018, in Case No. 17CW3176, District Court, Water Division 1, Centennial obtained a finding of reasonable diligence for its Chatfield Reservoir storage right originally decreed in Case No. 83CW184. On October 22, 2015, in Case No. 14CW3155, District Court, Water Division 1, Centennial obtained a finding of reasonable diligence for its Chatfield Reservoir and South Platte Reservoir storage rights originally decreed in Case No. 84CW411. On December 28, 2018, Centennial filed an application for finding of reasonable diligence for its Fairview Ditch, Fairview Reservoir and Enlargement, Fairview Reservoir #2 and Chatfield Reservoir rights, originally decreed in Case No. 85CW314. (4) Highlands Ranch Reservoirs: Centennial filed an application for finding of reasonable diligence for the Highlands Ranch Reservoirs in July 2019. Centennial has continuously included the Highlands Ranch Reservoirs in its periodic water supply facilities planning as alternative raw water storage sites. The Highlands Ranch Reservoirs were included as an alternative in the Final Feasibility Report and Environmental Impact Statement (“FR/EIS”) for the Chatfield Reallocation Project. In May 2014, the Chatfield Reallocation Project received its Record of Decision approving the project described in the FR/EIS. The project was subsequently litigated by the Audubon Society of Greater Denver and one of the issues in that case was the adequacy of the alternatives analysis. Centennial has

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expended in excess of $40,500,000 on the Chatfield Reservoir Reallocation Project during the diligence period. (5) Artificial Recharge of Denver Basin Aquifers: Twenty-four wells on Highlands Ranch have been equipped for artificial recharge of the Denver Basin aquifers and are in use for this purpose. Among other things, Centennial spent approximately $51,400 conducting an aquifer storage and recovery study at Well LFH 1A. F. During the diligence period, Centennial incurred significant legal and engineering fees and costs associated with participating as an objector in various Water Court cases to protect its water rights, including the subject water rights, from injury due to claims of other water users. Applicant continues to rely upon the subject water rights and has no intention to abandon same. 5. If claim to make absolute - Water applied to beneficial use: A. Date and Amount: During the diligence period, Centennial has exercised the augmentation plan, substitutions and exchanges at the South Platte Alluvial Well Field No. 2, McLellan Reservoir (Dad Clark Gulch) and 7-11 Gulch at varying rates and times, and at the following maximum rates and times: (1) On March 5, 2017, Centennial exercised the augmentation plan, substitution and exchange at the South Platte Alluvial Well Field No. 2 in the amount of 9.03 cfs (which is 0.75 cfs greater than the rate currently decreed absolute), utilizing treated effluent discharged from the Marcy Gulch Wastewater Treatment Plant. (2) On May 18, 2017, Centennial exercised the augmentation plan, substitution and exchange at McLellan Reservoir (Dad Clark Gulch) in the amount of 12.03 cfs (which is 1.99 cfs greater than the rate currently decreed absolute), utilizing treated effluent discharged from the Marcy Gulch Wastewater Treatment Plant (11.50 cfs) and lawn irrigation return flows (0.53) cfs from Dad Clark Gulch, Marcy Gulch and Big Dry Creek. (3) On September 10, 2014, Centennial exercised the augmentation plan, substitution and exchange at 7-11 Gulch in the amount of 5.04 cfs (which is 2.69 cfs greater than the rate currently decreed absolute), utilizing treated effluent discharged from the Marcy Gulch Wastewater Treatment Plant (4.78 cfs) and lawn irrigation return flows (0.26 cfs) from Marcy Gulch and Big Dry Creek. The water diverted on each of the above dates was subsequently delivered into Centennial’s water treatment and distribution system for beneficial use within Centennial’s service area. Use: All decreed uses. B. Description of place of use where water is applied to beneficial use: Within Centennial’s service area. 6. Name and address of owners or reputed owners of land upon which any new diversion or storage structure or modification to any existing diversion or storage structure or existing storage pool is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: A. South Platte Alluvial Well Field No. 1, Chatfield Reservoir, Plum Creek Alluvial Wells PC-1 and PC-4: United States Army Corps of Engineers, 9307 South Platte Canyon Road, Littleton, CO 80128-6901. B. South Platte Alluvial Well Field No. 2, Marcy Gulch Diversion Point, South Platte Reservoir: Centennial. C. Plum Creek Alluvial Wells PC-2 and PC-3: Douglas County, 100 3rd Street, Castle Rock, CO 80104. D. City Ditch, McLellan Reservoir: City of Englewood, 1000 Englewood Parkway, Englewood, CO 80110-0110. E. Highline Canal, Strontia Springs Diversion Dam, Two Forks Reservoir and Alternates: City and County of Denver, acting by and through its Board of Water Commissioners, 1600 West 12th Avenue, Denver, CO 80204. F. Dad Clark Gulch Diversion Points, Spring Gulch Diversion Point, Willow Creek Diversion Point: Highlands Ranch Metropolitan District, 62 Plaza Drive, Highlands Ranch, CO 80129. G. Big Dry Creek Diversion Points: William and Sandy Loeffler, 9000 Creekside Way, Highlands Ranch, CO 80129. H. Highlands Ranch Reservoirs: Highlands Ranch Community Association, 9568 University Boulevard, Highlands Ranch, CO 80126. WHEREFORE, Centennial requests the Court to enter a decree: (1) finding that Centennial has proceeded with reasonable diligence toward the completion of the appropriations of the water rights conditionally decreed for its augmentation plan, substitutions and exchanges; (2) finding that Centennial has exercised its conditional water rights for the augmentation plan, substitutions and exchanges in the additional amount of 0.75 cfs at the South Platte Alluvial Well Field No. 2, in the additional amount of 1.99 cfs at McLellan Reservoir (Dad Clark Gulch) and in the additional amount of 2.69 cfs at 7-11 Gulch; and (3) continuing the remaining conditional water rights for the augmentation plan, substitutions and exchanges in full force and effect for an additional diligence period. (20 pages). 19CW3141 VERIFIED COMPLAINT FOR INJUNCTIVE RELIEF AND COSTS. Plaintiffs: The People of the State of Colorado, ex rel. Kevin G. Rein, State Engineer, and Corey DeAngelis, Division

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Engineer for Water Division 1, 1300 Broadway, 7th Floor, Denver, CO 80203. Attorneys: Ema I. G. Schultz and Patrick E. Kowaleski v. Defendants: Meadow Village Mobile Home Park, LLC, a Colorado Limited Liability Company; Lucille Tressler and Jeffrey A. Tressler, as managers and owners of the Meadow Village Mobile Home Park, LLC, 1181 Jefferson Drive, Berthoud, CO 80513. 19CW3142 REJECTED TRANSACTION, DUPLICATE APPLICATION. 19CW3143 Mark Scheuneman and Jayne Schwenger, 11458 Hilltop Road, Parker, CO 80134 (James Petrock, Petrock Fendel Poznanovic, P.C., 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR PLAN FOR AUGMENTATION, DOUGLAS COUNTY. Decree information: Decreed in Case No. 09CW28, on July 7, 2009. Applicants are the owners of the groundwater decreed in Case No. 09CW28 underlying 35 acres of land located in the S1/2 of Section 16, T7S, R65W, Douglas County, Colorado, as shown on Attachment A hereto (Subject Property). Description of plan for augmentation: Groundwater to be augmented: 1.2 acre-feet per year of not nontributary Upper Dawson aquifer groundwater underlying the Subject Property as decreed in Case No. 09CW28. Water rights to be used for augmentation: Return flows from the use of not nontributary Upper Dawson aquifer water and return flows and direct discharge of nontributary groundwater underlying the Subject Property as also decreed in Case No. 09CW28. Statement of plan for augmentation: The Upper Dawson aquifer groundwater will be used for in-house use in two residences, commercial, irrigation of lawn, garden, trees, and agricultural products, including in greenhouses, fire protection, and stockwatering, through one or more wells, including existing well Permit No. 171623. Applicants reserve the right to revise the annual amount to be withdrawn and proposed uses without having to amend or republish this application. Sewage treatment for in house use will be provided by non-evaporative septic systems. Return flows associated with in-house use will be approximately 90% of that use and return flow from outside irrigation use will be approximately 15% of that use. During pumping Applicants will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S., and actual depletions occur to the Cherry Creek stream system. Return flows from in-house and irrigation use will accrue to the South Platte River system via Cherry Creek and those return flows are sufficient to replace actual depletion while the subject groundwater is being pumped. An equal amount of nontributary groundwater as decreed in Case No. 09CW28 will be reserved 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. (4 pages). 19CW3144 The South Suburban Park and Recreation District c/o Evan Ela and Joseph Norris, Collins Cockrel & Cole, P.C., 390 Union Blvd., Suite 400, Denver, CO 80228, (303) 986-1551. Application for Findings of Reasonable Diligence and Perfection of Decreed Conditional Water Rights in ARAPAHOE COUNTY. 1. Name, Address and Telephone Number of Applicant: South Suburban Park and Recreation District 6631 South University Boulevard Centennial, Colorado 80121 (303) 798-5131 2. Name of Structures: Wynetka Pond Park Irrigation System, consisting of the Wynetka Pond and Wynetka Pond Park Irrigation Diversion. 3. Description of the subject conditional water rights: a. Original Decree: The Wynetka Pond Park Irrigation System was originally decreed on August 10, 2005, Findings of Fact, Ruling of the Referee, Judgment and Decree, in Case No. 02CW176, District Court, Water Division 1 (“Subject Water Rights”). b. Prior Diligence Findings: The first, and most recent, finding of reasonable diligence for the Wynetka Pond Park Irrigation System was decreed on July 18, 2013, Findings of Fact, Conclusions of Law, Ruling of the Water Referee, Judgment and Decree, in Case No. 11CW135, District Court, Water Division 1. c. Decreed Water Rights: Wynetka Pond Park Irrigation System. (1) Source: An unnamed tributary of the South Platte River. (2) Date of appropriation: March 22, 2002. (3) Amounts: (a) Wynetka Pond: 9.38 acre-feet, Conditional, with right to fill and refill continuously when in priority up to a total annual storage volume of 18.76 acre-feet. (b) Wynetka Point Park Irrigation Diversion: 2.13 cfs, Conditional, direct flow or for temporary retention (not to exceed 3 days) in Wynetka Pond prior to direct irrigation use. (4) Location: (a) Wynetka Pond. Wynetka Pond is located on an unnamed tributary to the South Platte River in the S/2 of the SE/4 of Section 18, Township 5 South, Range 68 West of the 6th P.M.,

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at a point approximately 1,300 feet west of the east section line of said Section 18 and 445 feet north of the south section line of said Section 18, in Arapahoe County, Colorado. (b) Wynetka Pond Park Irrigation Diversion. The point of diversion for the Wynetka Pond Park Irrigation Diversion shall be located within the high water line of Wynetka Pond described in paragraph 3.c(4)(a) above. (5) Beneficial uses: (a) Uses: Irrigation, recreation, augmentation, exchange, wildlife, piscatorial and aesthetic purposes, storage for subsequent use for the stated purposes, along with the right to use and reuse to extinction. Reuse may include release from storage after use for recreation, wildlife and aesthetic purposes and along with quantified irrigation return flows, reuse of such water for augmentation and exchange purposes. South Suburban intends to capture or divert water when in priority, pool such water in the Wynetka Park Pond to apply such water for irrigation use within three days whenever possible, all as a direct irrigation use of the Subject Water Rights. South Suburban intends to also store water in the pond for longer periods, when not needed for direct irrigation use, for later pumping or release for all of the purposes described herein. (b) Description of acreage to be irrigated: Primary irrigation of approximately 38 acres of park land consisting of athletic fields, historical farm grounds, gardens and open spaces associated with its Wynetka Ponds Park in the SE/4 of Section 18, Township 5 South, Range 68 West of the 6th P.M. in Arapahoe County, Colorado. To the extent available, the Subject Water Rights may be used for supplemental irrigation of Bowles Grove Park and Littleton Golf and Tennis Club, together consisting of approximately 70 acres located in portions of Section 17, the SE/4 of Section 18, the N/2 of Section 20, all in Township 5 South, Range 68 West, of the 6th P.M. in Arapahoe County, Colorado. 4. Outline of work done and funds expended by Applicant during the relevant diligence period (August 29, 2011 through July 31, 2019) toward completion of the appropriation. South Suburban is the owner of other water rights, which together with the Subject Water Rights form an integrated system for South Suburban’s park and recreation facilities. Pursuant to § 37-92-301(4)(b), C.R.S., work on one feature of an integrated system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the integrated system. Thus, work on any part of South Suburban’s integrated system must be considered in finding that reasonable diligence has been shown for the conditional Subject Water Rights. South Suburban spent in excess of $1,152,000 for continued improvement, maintenance and operation of its Wynetka Ponds Park, Bowles Grove Park and Littleton Golf and Tennis Club, all of which may benefit from use of the subject Wynetka Pond Park Irrigation System water rights. In addition, South Suburban has incurred engineering and legal costs related to protection of its water rights, including the water rights that are the subject of this application. Such capital improvement, operations, maintenance and other costs have contributed toward the completion of the appropriations and application of water to the beneficial uses conditionally decreed in Case No. 2002CW176, including the following specific activities that occurred during the relevant diligence period: a. South Suburban diverted water pursuant to the Subject Water Rights and placed the same to beneficial use. b. South Suburban invested $871,743 in capital improvements to Wynetka Ponds Park. c. South Suburban invested in excess of $280,000 in operation and maintenance of its facilities located in Wynetka Ponds Park. d. South Suburban has incurred legal costs associated with acquisition, development, protection and adjudication of the Subject Water Rights, including participation as an opposing party in other water matters in order to protect South Suburban’s interest in the Subject Water Rights. 5. Claim for Perfection of a portion of Conditional Water Right. Since the last finding of reasonable diligence, South Suburban has diverted the Subject Water Rights in-priority for direct irrigation use and to storage for subsequent beneficial use. Direct diversions for irrigation use are made by a portable irrigation pump placed within the high waterline of Wynetka Pond. The maximum weekly direct flow diversion of the Wynetka Pond Park Irrigation System by South Suburban in 2019 were made the week of July 1st-July 7th at an average pumping rate of 0.01 cfs (43,272 gallons pumped during the week). South Suburban exercised its Wynetka Pond Park Irrigation System water right under free-river conditions from June 18, 2019 to July 13, 2019 as there was no call on the South Platte River during this time. In 2016, South Suburban diverted in priority and stored a total volume of 0.76 acre feet under the Wynetka Pond right for subsequent beneficial use. Pursuant to C.R.S. § 37-92-301(4)(e), a decreed conditional water storage right shall be made absolute for all decreed purposes to the extent of the volume of the appropriation that has been captured, possessed, and controlled at the decreed storage structure. Therefore, Applicant claims 0.01

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cfs of the Wynetka Pond Park Irrigation System right as absolute for irrigation use and 0.76 acre feet of the Wynetka Pond right as absolute for all decreed uses. The remaining 2.12 cfs of the Wynetka Pond Park Irrigation System right and 18.00 acre feet of the Wynetka Pond right to remain conditional, subject to required diligence findings. 6. Name(s) and Address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Not applicable. 6 pages.

19CW3145 The South Suburban Park and Recreation District c/o Evan Ela and Joseph W. Norris, Collins Cockrel & Cole, P.C., 390 Union Blvd., Suite 400, Denver, CO 80228, (303) 986-1551. Application for Findings of Reasonable Diligence and Perfection of Decreed Conditional Water Rights in ARAPAHOE COUNTY. 1.Name, Address and Telephone Number of Applicant: South Suburban Park and Recreation District 6631 South University Boulevard Centennial, Colorado 80121 (303) 798-5131. 2. Name of Structures: Cherry Knolls Pond Water System, consisting of the Cherry Knolls Diversion and the Cherry Knolls Pond. 3. Description of the subject conditional water rights (“Subject Water Rights”): a. Original Decree: The Cherry Knolls Pond Water System was originally decreed on August 10, 2005 in Case No 02CW175, Findings of Fact, Ruling of the Referee, Judgment and Decree, by the District Court, Water Division 1. b. Prior Diligence Findings: The first, and most recent, finding of reasonable diligence for the Cherry Knolls Pond Water System was decreed on July 12, 2013, Findings of Fact, Conclusions of Law, Ruling of the Water Referee, Judgment and Decree, in Case No. 11CW136, District Court, Water Division 1. C Decreed Water Rights: Cherry Knolls Diversion and Cherry Knolls Pond. (1) Source: Big Dry Creek, a tributary of the South Platte River. (2) Date of appropriation: April 15, 2001. (3) Amounts: (a) Cherry Knolls Diversion: 2.0 cfs, Conditional, for direct irrigation use or for temporary retention not to exceed three days in Cherry Knolls Pond prior to direct irrigation use. (b) Cherry Knolls Pond: 8.0 acre-feet, conditional, with the right to fill and refill continuously whenever in priority up to a total annual volume of 16.0 acre-feet by diversion at a rate not to exceed 2.0 cfs via the Cherry Knolls Diversion from Big Dry Creek. (4)Location of points of diversion: (a) Cherry Knolls Diversion: The point of diversion for the Cherry Knolls Diversion shall be located on the right bank of Big Dry Creek in the NW/4 of the SW/4 of Section 25, Township 5 South, Range 68 West of the 6th P.M., at a point approximately 1,200 feet east of the west section line of said Section 25 and 1,740 feet north of the south section line of said Section 25, in Arapahoe County, Colorado. (b) Cherry Knolls Pond: The Cherry Knolls Pond is located in the N/2 of the SW/4 of Section 25, Township 5 South, Range 68 West of the 6th P.M., at a point approximately 1,380 feet east of the west section line of said Section 25 and 2,320 feet north of the south section line of said Section 25, in Arapahoe County, Colorado. (5) Beneficial uses: (a) Uses: Irrigation, recreation, augmentation, exchange, wildlife, piscatorial and aesthetic purposes, storage for subsequent use for the stated purposes, along with the right to use and reuse to extinction. Reuse to extinction may include release from storage after use for recreation, wildlife and aesthetic purposes and reuse of such releases, along with irrigation return flows resulting from the use of the Subject Water Rights, for augmentation, exchange, subsequent irrigation and storage for later release. (b) Description of acreage to be irrigated: Approximately 24.5 acres of park land consisting of athletic fields, gardens and open space owned by Applicant and associated with its Cherry Knolls Park in the W/2 of Section 25, Township 5 South, Range 68 West of the 6th P.M., in Arapahoe County, Colorado. (c) Other Stated Uses: Applicant intends to capture or divert water when in priority, temporarily hold such water in Cherry Knolls Pond if necessary and to apply such water for irrigation use within three days whenever possible, all as a direct irrigation use of the Subject Water Right. South Suburban intends to also store water in Cherry Knolls Pond for periods longer than 3-days to maintain maximum water levels in the pond for aesthetic, recreational, piscatorial and wildlife purposes, and for later release for the purposes described herein, all in exercise of the Subject Water Storage Rights. 4. Outline of work done and funds expended by Applicant during the relevant diligence period (August 29, 2011 through July 31, 2019) toward completion of the appropriation. South Suburban is the owner of other water rights, which together with the Subject Water Rights form an integrated system for South Suburban’s park and

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recreation facilities. Pursuant to § 37-92-301(4)(b), C.R.S., work on one feature of an integrated system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the integrated system. Thus, work on any part of South Suburban’s integrated system must be considered in finding that reasonable diligence has been shown for the conditional Subject Water Rights. South Suburban spent in excess of $1,673,179 for continued improvement of, maintenance and operation of, its Cherry Knolls Park. In addition, South Suburban has incurred engineering and legal costs related to protection of its water rights, including the water rights that are the subject of this application. Such capital improvement, operations, maintenance and other costs have contributed toward the completion of the appropriations and application of water to the beneficial uses conditionally decreed in Case No. 2002CW175, including the following specific activities that occurred during the relevant diligence period: a. South Suburban diverted water pursuant to the Subject Water Rights and placed the same to beneficial use. b. South Suburban invested $21,819 in capital improvements to Cherry Knolls Park. c. South Suburban invested in excess of $1,650,000 in maintenance of its amenities and facilities located in Cherry Knolls Park. d. South Suburban has incurred in excess of $45,000 in consultant and engineering costs associated with the Subject Water Rights and Cherry Knolls Park. e. South Suburban has incurred legal costs associated with acquisition, development, protection and adjudication of the Subject Water Rights, including participation as an opposing party in other water matters in order to protect South Suburban’s interest in the Subject Water Rights. 5.Claim for Perfection of a portion of conditional Subject Water Rights. Since the last finding of reasonable diligence, South Suburban has diverted the Subject Water Rights in-priority for direct irrigation use and to storage for subsequent beneficial use by pumping from Big Dry Creek during free-river conditions using a two-inch pump with a diversion rate of 160 gallons per minute (0.36 cfs). In 2018, South Suburban diverted and stored a total volume of 2.04 acre feet under the Subject Water Rights. Pursuant to C.R.S. § 37-92-301(4)(e), a decreed conditional water storage right shall be made absolute for all decreed purposes to the extent of the volume of the appropriation that has been captured, possessed, and controlled at the decreed storage structure. Therefore, Applicant claims 0.36 cfs of the Cherry Knolls Diversion right as absolute for irrigation use and 2.04 acre feet of the Cherry Knolls Pond right as absolute for all decreed uses. The remaining 1.64 cfs of the Cherry Knolls Diversion right and 13.96 acre feet of the Cherry Knolls Pond right to remain conditional, subject to required diligence findings. 6. Name(s) and Address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Not applicable. 6 pages.

19CW3146 Feldpausch Holsteins, LLC, C/O Charles Feldpausch, 20830 County Road 24, Fort Morgan, CO 80701. Please send all future correspondence and pleadings to Donald E. Frick, Esq., Fischer, Brown, Bartlett & Gunn, P.C., 1319 Prospect Road, Fort Collins, CO 80525. APPLICATION FOR WATER RIGHTS IN MORGAN COUNTY. 2. Overview of Application: Applicant owns and operates the plan for augmentation decreed in Case No. 04CW223, District Court, Water Division 1 (the “T&M Augmentation Plan”), which provides for the augmentation of out of priority depletions caused by use of water from Doty Well No. 1-14163 (WDID 0106356) used for commercial feedlot, dust suppression and livestock watering purposes. Augmentation water is presently provided from recharge accretions from the Deuel and Snyder Recharge Project decreed in Case No. 03CW222, District Court, Water Division 1, and other previously approved sources. Applicant has initiated an appropriation of water from Wildcat Creek, a tributary of the South Platte River, whereby water will be diverted in priority and delivered to recharge ponds previously identified in the Deuel and Snyder Augmentation Plan, as more specifically set forth herein. The purpose of this application is to adjudicate a water right for said diversion and an exchange of excess recharge credits for re-diversion, and add it and the recharge credits therefrom as a source of augmentation in the T&M Augmentation Plans. 3. Application for Conditional Surface Water Right. 3.1 Name of Water Right: Feldpausch Augmentation Right. 3.2 Location: Located in the West 1/2 of Section 19, Township 4 North, Range 56 West, 6th P.M., in Morgan County. 3.3 Source: Wildcat Creek, tributary

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to the South Platte River. 3.4 Appropriation Date: On or before June 24, 2019. 3.5 Amount: 30 cfs, CONDITIONAL. Applicant claims the right to seek absolute amounts to the extent the water is diverted and placed to beneficial use during the pendency of this application. 3.6 Use: Augmentation, replacement and exchange purposes, including recharge, associated with the T&M Augmentation Plan and the Deuel & Snyder Augmentation Plan. 3.7 Recharge pond locations. Water diverted under the Wildcat Diversion Structure No. 1 will be delivered to the following recharge sites (each of these recharge sites have previously been identified in the Duel & Snyder Augmentation Plan): 3.7.1 Recharge Site No. 3 (Odle Farms Site), located in the NW1/4 of the SW1/4 of Section 19, Township 4 North, Range 56 West, 6th P.M. 3.7.2 Feldpausch #3, located in the NE1/4 of the SW1/4 Section 18, Township 4 North, Range 56 West, 6th P.M. 3.7.3 Feldpausch #5, located in the SW1/4 of the SW1/4 Section 18, Township 4 North, Range 56 West, 6th P.M. 3.7.4 Feldpausch #6, located in the NW1/4 of the NE1/4 Section 19, Township 4 North, Range 56 West, 6th P.M. 3.7.5 Feldpausch #7, located in the SW1/4 of the SW1/4 Section 17, Township 4 North, Range 56 West, 6th P.M. 4. Application for Appropriative Right of Exchange. Applicant seeks adjudication of a conditional appropriative right of exchange to redivert excess recharge credits available pursuant to the Feldpausch Holsteins Augmentation Right as follows: 4.1 Exchange-From Point. Located in the SE1/4 of Section 20, Township 4 North, Range 56 West, which location is the approximate furthest downstream location of recharge accretions from the recharge ponds described in Paragraph 3.7 above. 4.2 Exchange-To Point. The point of diversion for the Feldpausch Holsteins Augmentation Right described in Paragraph 3.2 above. 4.3 Source. The South Platte River and Wildcat Creek. 4.4 Rate: 10 cfs, CONDITIONAL 4.5 Source of Substitute Supply: water available under the Feldpausch Holsteins Augmentation Right, including excess recharge accretions therefrom, as described in Paragraph 3 above. 5. Application for Amendment to Plan for Augmentation Including Exchange. Applicant seeks a decree in this matter amending the T&M Augmentation Plan decreed in Case No. 04CW223 as follows: (1) replacing T&M Livestock with Feldpausch Holsteins, LLC as the owner/operator of the water rights and plan for augmentation decreed in Case No. 04CW223; (2) adding the Feldpausch Holsteins Augmentation Right and associated recharge credits as a decreed permanent source of augmentation water for the T&M Augmentation Plan; (3) adding the Feldpausch Holsteins Augmentation Right and associated recharge credits as a source of substitute supply for the T&M Exchange decreed in Case No. 04CW223. 6. Remarks. Applicant will continue to operate the T&M Augmentation Plan subject to all of the terms and conditions in the decree entered in Case No. 04CW223. Recharge and depletion calculations will continue to use the same aquifer parameters set forth therein. The projection requirements in the T&M Augmentation will incorporate actual diversions and recharge from the Feldpausch Holsteins Augmentation Right; no future projection of in-priority diversions will be permitted. The Applicant will continue to rely on the Deuel and Snyder Augmentation Plan for augmentation credits, however, the Applicant will first apply any water available under the Feldpausch Holsteins Augmentation Right to augment well depletions prior to relying on water from the Deuel and Snyder Augmentation Plan. 7. Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: None. (5 pages) 19CW3147 JOHN MILLER and BRANDY LE BLANC, 785 Moline Street, Aurora Springs, CO 80010, and MOUNTAIN MUTUAL RESERVOIR COMPANY, 6949 Highway 73, Suite 15, Evergreen, CO 80439 (Please address all pleadings and correspondence to Applicant’s attorney: John J. Cyran, Confluence Water Law, LLC, 3570 East 12th Avenue, Suite 311, Denver, CO 80206; (303) 746-3802.) APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION AND APPROPRIATIVE RIGHT OF SUBSTITUTION AND EXCHANGE IN JEFFERSON AND PARK COUNTIES: Applicants, John Miller and Brandy Le Blanc and Mountain Mutual Reservoir Company (“Applicants”), by and through undersigned counsel, hereby submit this Application for Approval of Plan for Augmentation and Appropriative Rights of Exchange. In support of this Application, Applicants state as follows: APPLICATION FOR PLAN FOR AUGMENTATION: A. Structure to be Augmented: Applicants seek to augment depletions from in-house uses and fire protection for up to three houses to be

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constructed on a 35-acre parcel of land (the “Miller-Le Blanc Property”) located in Jefferson County, Colorado in the NE1/4 NE1/4, Section 15 Township 6 South, Range 70 West of the 6th P.M. know as Miller-Le Blanc Project (see Exhibit A). The water to be augmented shall be diverted through three wells (the “Miller-Le Blanc Wells” or “Wells”) that shall be located on the Miller-Le Blanc Property in the drainage of an unnamed gulch, which gulch is tributary to Alderstien Gulch, tributary to North Deer Creek, tributary to Deer Creek, tributary to the South Platte River. Source of Replacement Water: Applicants have contracted with North Fork Associates, LLC to purchase 3.2 shares of Mountain Mutual Reservoir Company stock, representing a firm annual yield of 0.100 acre-foot, which yield is sufficient to satisfy Applicants’ present and anticipated future annual needs. The sources from which this yield is derived from are as follows: A. Maddox Reservoir. The Maddox Reservoir is located in the NE1/4 SW1/4, Section 22, Township 7 South, Range 73 West of the 6th P.M. in Park County. It was adjudicated on November 11, 1971 with an appropriation date of May 31, 1905. It is decreed for multiple purposes including irrigation, domestic, fish culture and recreation with a capacity of 54.0 acre-feet. It is filled by the Maddox Reservoir Feeder Ditch, which diverts from the North Fork of the South Platte River in the NE1/4 SE1/4 SW1/4, Section 22, Township 7 South, Range 73 West of the 6th P.M. and decreed as an alternate point of diversion for the Slaght Ditch. B. Lower Sacramento Creek Reservoir Company. The Lower Sacramento Creek Reservoir Company, a Colorado corporation, owns and operates the Lower Sacramento Creek Reservoir No. 1. The Reservoir is located in the Northeast 1/4 Northwest 1/4, Section 32, and the Southeast 1/4 Southwest 1/4, Section 29, Township 9 South, Range 77 West, 6th P.M., Park County, Colorado. North Fork Associates owns 932 shares of a total of 3,700 shares in the Company (a 25.2% interest). The Reservoir has been constructed and is entitled to store water under the following decrees: Case No. W-7741-74; Case No. 84CW250; Case No. 85CW465. The water may be used for domestic, municipal, commercial, industrial, irrigation, fish and wildlife propagation, recreational and all other beneficial purposes, including exchange to compensate for depletions in the South Platte River and its tributaries. C. Nickerson No. 2 Ditch. The Nickerson No. 2 Ditch, with a South Platte Priority No. 262 and North Fork Drainage Priority No. 24 has an appropriation date of May 1, 1872 as adjudicated by the District Court for Park County on May 22, 1913 in the amount of 0.65 of a cubic-foot-per-second. The headgate is located on the North bank of Deer Creek at a point whence the SE Corner, Section 4, Township 7 South, Range 72 West of the 6th P.M., bears North 58º15’ East, 2320 feet and has historically irrigated approximately 35 acres adjacent to Dear Creek in the SE1/4 Section 9, NW1/4 Section 15, and NE1/4, Section 16, Township 7 South, Range 72 West of the 6th P.M. all in Park County. D. Parmalee No. 1 Ditch. The Parmelee No. 1 Ditch, with a South Platte Priority No. 251 and North Fork Drainage Priority No. 14 has an appropriation date of May 1, 1867 as adjudicated by the District Court for Park County on May 22, 1913 in the amount of 0.52 of a cubic-foot-per-second. In that decree the headgate was located on the North Bank of Deer Creek at a point whence the S1/4 Corner of Section 32, Township 6 South, Range 72 West of the 6th P.M., bears South 70º 6’ East, 1210 feet. Water Division No. 1 District Court Case No. W-7434 changed the location of the headgate to the Nickerson No. 2 Ditch, as shown above. E. Carruthers No. 2 Ditch. The Carruthers No. 2 Ditch, with a South Platte Priority No. 250 and North Fork Drainage Priority No. 13 has an appropriation date of May 1, 1967 as adjudicated by the District Court for Park County on May 22, 1913 in the amount of 0.52 of a cubic-foot-per-second. In that decree the headgate was located on the North Bank of Deer Creek at a point whence the S1/4 Corner between Section 31 and 32, Township 6 South, Range 72 West of the 6th P.M., bears North 85º 30’ East, 1398 feet. Water Division No. 1 District Court Case No. W-7434 changed the location of the headgate for 0.28 of a cubic-foot-per-second to the Nickerson No. 2 Ditch, as shown above. This 0.28 of a cubic-foot-per-second is included in this contract. Pursuant to the Decree issued in Case No. 2000CW174, dated October 11, 2002, the historic consumptive use associated with the Nickerson No 2, Parmelee No. 1, and Carruthers No. 2 Ditches (hereinafter referred to as “Nickerson Ditch Rights”) was quantified. The terms and conditions under which the Nickerson Ditch Rights are used for augmentation, replacement, exchange and storage purposes were also defined and approved in Case No. 2000CW174, as follows: (1) The Nickerson Ditch Rights may be left in the stream system to offset depletions from water use by MMRC shareholders. The water may also be stored in the Lower Sacramento Creek Reservoir No. 1, Maddox Reservoir and other MMRC reservoirs within the South

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Platte River Basin located above South Platte, Colorado; provided, however, that the details of storage in another reservoir are published in the Water Resume, or such storage is approved by the State Engineer pursuant to Paragraph 37-80-120 and 37-92-308, 10 C.R.S. (2002). (2) The maximum rate of diversion under the Nickerson Ditch Rights is 0.8 of a cubic foot per second. Diversions are limited to the May 1, 1867 priorities decreed to the Parmalee Ditch No. 1 and the Carruthers Ditch No. 2. (3) Diversions to storage and/or assignment for in-stream augmentation credit are limited to the period April 23 through October 31 of each year and are further limited to those times when water is physically and legally available for diversion at the historic Nickerson Ditch No. 2 headgate on Deer Creek. If the May 1, 1867, priority is not fully satisfied to the extent of 0.8 of a cubic foot per second, the diversion rate is reduced to the flow, which is then physically and legally available. (4) Maximum monthly diversions under the Nickerson Ditch Rights are limited as follows: April, 2.0 acre-feet; May, 16.0 acre-feet; June, 19.0 acre-feet; July, 16.0 acre-feet; August, 10.0 acre-feet; September, 7.0 acre-feet; and October, 4.0 acre-feet. Maximum annual diversions are limited to 62 acre-feet per year. During any consecutive ten-year period, total diversions are further limited to 486 acre-feet. F. Slaught Ditch. In accordance with the Decree entered in Civil Action No. 1678 of Park County District Court, on May 22, 1913, the Slaght Ditch was awarded a direct flow priority of May 1, 1863, for 2.0 cubic feet per second for irrigation purposes. The source of water is the North Fork of the South Platte River. The point of diversion for the Slaght Ditch was originally established to be a point on the North bank of the North Fork of the South Platte River in the NE1/4 SE1/4, of Section 21, Township 7 South, Range 73 West, 6th P.M., approximately 2,060 feet North and 490 feet West of the Southeast Corner of Section 21. Pursuant to a decree entered by the District Court for Water Division 1 in Case No. 82CW472, on October 3, 1983, the Maddox Reservoir Feeder Ditch was approved as an alternate point of diversion for the Slaght Ditch water right. The point of diversion of the Maddox Reservoir Feeder Ditch is located on the North bank of the North Fork of the South Platte River in the NW1/4 SW1/4, Section 22, Township 7 South, Range 73 West, 6th P.M., approximately 1,240 feet East and 1,740 feet North of the Southwest Corner of Section 22. In Case No. 79CW339, 0.12 of a cubic foot per second of the Slaght Ditch water right was changed to augmentation, replacement and storage purposes. In Case No. 81CW253, the point of diversion for 0.008 of a cubic foot per second of the Slaght Ditch priority was changed to a new location, with the water continuing to be used for irrigation purposes. Of the remaining 1.872 cubic feet per second, 0.481 of a cubic foot per second was transferred by MMRC in Case No. 2003CW238 and 0.727 will be transferred in Case No. 2016CW3197. G. Mack Ditch No. 2. In accordance with the Decree entered in Civil Action No. 1678 of the Park County District Court, on May 22, 1913, the Mack Ditch No. 2 was awarded a direct flow priority of May 1, 1863, for 1.0 cubic foot per second for irrigation purposes. The source of water is the North Fork of the South Platte River. The point of diversion of the Mack Ditch No. 2 was originally established to be on the South bank of the North Fork of the South Platte River at a point in the NE1/4 SE1/4, Section 21, Township 7 South, Ranch 73 West, 6th P.M., Park County, Colorado whence the East Quarter Corner of said Section 21 bears North 43 degrees East, a distance of 984 feet more or less. By an Order of the Park County District Court entered on October 17, 1927, the point of diversion was moved approximately 789 feet upstream to a point on the South bank of the North Fork of the South Platte River in the NE1/4 SE1/4, Section 21, Township 7 South, Range 73 West, 6th P.M., whence the East Quarter corner of said Section 21 bears North 79 degrees 30 seconds East, a distance of 1,292 feet, more or less. In Case Nos. W-7503, W7548, 80CW080, 80CW455, 81CW143, 81CW298, and 89CW081, at total of 0.1191 of a cubic foot per second of Mack Ditch No. 2 water right was transferred out of the Ditch for uses other than irrigation. Of the remaining 0.8809 of a cubic foot per second, 0.44045 of a cubic foot per second was transferred by MMRC in Case No. 2003CW238. Pursuant to the Decree issued in Case No. 2003CW238, dated October 24, 2006, the historic consumptive use associated with the Slaght Ditch and Mack Ditch No. 2 water rights was quantified. The terms and conditions under which these water rights are used for augmentation, replacement, exchange and storage purposes were also defined and approved in Case No. 2003CW238, as follows: (1) The Slaght Ditch Rights may be left in the stream system to offset depletions from water use by MMRC shareholders. The water may also be stored in the Lower Sacramento Creek Reservoir No. 1 or the Maddox Reservoir. (2) The maximum rate of diversion under the Slaght Ditch Rights is 0.5 cubic foot per second. (3) Diversions to storage and/or assignment for in-stream augmentation

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credit are limited to the period May 1 through October 31 of each year and are further limited to those times when water is physically and legally available for diversion at the historic Slaght Ditch headgates on the North Fork of the South Platte River. If the May 1, 1867, priority is not fully satisfied to the extent of 2.0 cubic foot per second for the Slaght Ditch and 1.0 cubic foot per second for the Mack Ditch No. 2, MMRC’s diversions are limited to it’s pro rata entitlement to the water when physically and legally available. (4) Maximum annual diversions of the portion of the Slaght Ditch Rights changed in 2003CW238 are limited to 41 acre feet per year. During any consecutive ten year period, the total diversions are further limited to 342 acre feet. Pursuant to the Decree issued in Case No. 2016CW3197, the historic consumptive use associated with an additional 0.727 cubic foot per second of the Slaght Ditch water right yields 31.8 acre-feet of consumptive use water. The Slaght Ditch and Mack Ditch No. 2 water rights described herein may hereinafter in this matter be referred to collectively as “Slaght Ditch Rights”. H. Guiraud 3T Ditch. Mountain Mutual Irrigation Company owns 3.481 cubic feet per second of the water rights decree to the Guiraud 3T by decree entered October 18, 1889 with appropriation date of July 1, 1867. The Guiraud 3T Ditch Consumptive Use Yield was quantified in Water Division 1, Water Court in multiple decrees. Said yield is 1.5 acre-feet/acre or 21.825 acre-feet/cubic-foot-per-second of flow rate. Mountain Mutual Irrigation Company therefore owns 75.972 acre-feet of Consumptive Use replacement water. The headgate for the Guiraud 3T Ditch is located on the right bank of the Middle Fork of the South Platte River in the Northeast 1/4 of Section 8, Township 11 South, Range 76 West, 6th P.M., Park County, Colorado, at a point whence the Northeast corner of the Northeast 1/4 of said section bears North 63 degrees 35 minute East, 1,305 feet. Description of Plan for Augmentation: A. Water Requirements. The water requirements are for three lots with in-house use with an average occupancy of 3.5 capita. The estimated water requirements are 80 gallons per capita per day (gpcd) for in-house uses, with 10% consumption based on subsurface discharge from an individual septic tank-soil absorption system. The in-house allowance is well above the actual uses because of a change in the demographics and low flow water systems. This plan will require 0.100 of an acre-foot of replacement water as is shown in Table 1.

Table 1

Type of Use

Water Requirement

Units Quantity in Ac-Ft

CU Rate

Total Ac-Ft

Summer Ac-Ft

Winter

Ac-Ft

In-house 280 gal/day per house

3 0.942 10% 0.0942 0.0471 0.0471

Transit Charge

0.0013% per mile

42 0.0049 100% 0.0049 0.0024 0.0025

TOTAL .0100 .0500 .0500

The monthly depletions are as follows, in acre-feet.

Table 2

Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct

.008 .008 .008 .008 .008 .008 .008 .008 .008 0.008 .008 .008

B. Operation of Plan. The total consumptive use water requirement described above will typically be met with 0.100 of an acre foot of the annual yield from the Nickerson Ditch and 0.050 of an acre-foot of space in Maddox Reservoir. However, if necessary, the consumptive use requirement may be met with any of the replacement sources listed in paragraph 3, supra. The calculated requirements of the direct flow water rights from May through October are a total of 0.047 of an acre-foot at the point of depletion at the confluence of Deer Creek and the South Platte River in Sections 10 and 11, Township 6 South, Range 69 West of the 6th P.M. The distance from the headgate of the Nickerson Ditch on Deer Creek to its confluence

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with the North Fork of the South Platte River is 7 miles. The distance from that point to the confluence of Deer Creek and the South Platte is an additional 33 miles. At 0.13% per mile the stream loss from the headgate of the Nickerson Ditch to the point of delivery is 5.2%, (0.0024 AF). The distance from the outlet of the Maddox Reservoir to the same point of depletion is 42 miles. With the same rate of lost the transportation loss from November through April is 5.4%, (0.0090). The total requirement at the points of exchange at the confluence of Deer Creek and the South Platte River is 0.0025 of an acre-foot. Operation of the Plan for Augmentation will require operation of the following appropriative right of substitution and exchange at a maximum rate of 0.001 cubic foot per second: From the confluence of Deer Creek and the South Platte River at Chatfield Reservoir in Section 10 and 11, Township 6 South, Range 69 West, thence up Deer Creek to its confluence with North Turkey Creek in SE1/4 SE1/4, Section 11, Township 6 South, Range 70 West, thence up North Turkey Creek to Alderstien Gulch in SW1/4 SE1/4, Section 11, Township 6 South, Range 70 West thence up Alderstien Gulch to the confluence of an unknown gulch in NE1/4 NE 1/4, Section 14, Township 6 South Range 70 West thence up the unknown gulch to the point of depletion in the NE1/4 NE1/4 Section 15, Township 6 South, Range 70 West, all in the 6th P.M. In the event that there is a senior call on Deer Creek at Chatfield Reservoir that precludes operation of an exchange, the applicant can either have replacement water delivered by truck to the point of depletions or have an on-site container from which replacement water may be released. APPLICATION FOR APPROPRIATIVE RIGHT OF SUBSTITUTION AND EXCHANGE: Description of Appropriative Right of Substitution and Exchange: Applicants claims a right to operate an appropriative right of exchange, from the exchange-from point to the exchange-to points listed below, for the amounts listed below, for the purpose of operating the plan for augmentation described at paragraphs 2 through 4, supra. Point of Release of Substitute Supply (“exchange-from” point): Substitute Supply water may be released from any of the replacement sources listed in paragraph 3, supra, into the South Platte River. Water so released into the South Platte River will be exchanged up Deer Creek from the confluence of Deer Creek and the South Platter River at Chatfield Reservoir. Thus, the “exchange-from” point is the confluence of Deer Creek and the South Platte River at Chatfield Reservoir in Section 10 and 11, Township 6 South, Range 69 West, 6th P.M. Points of Diversion (“exchange-to” points): Water shall be exchanged from the “exchange-from” point to provide for diversions at the three Miller-Le Blanc Wells, as described at paragraph 2, supra. Thus, the “exchange-to” point is the Miller-Le Blanc Wells to be located in the NE1/4 NE1/4 Section 15, Township 6 South, Range 70 West, 6th P.M. Description of Exchange Reach: From the confluence of Deer Creek and the South Platte River at Chatfield Reservoir in Section 10 and 11, Township 6 South, Range 69 West, thence up Deer Creek to its confluence with North Turkey Creek in SE1/4 SE1/4, Section 11, Township 6 South, Range 70 West, thence up North Turkey Creek to Alderstien Gulch in SW1/4 SE1/4, Section 11, Township 6 South, Range 70 West thence up Alderstien Gulch to the confluence of an unknown gulch in NE1/4 NE 1/4, Section 14, Township 6 South Range 70 West thence up the unknown gulch to the point of depletion in the NE1/4 NE1/4 Section 15, Township 6 South, Range 70 West, all in the 6th P.M. Water Rights to be Used by Exchange: Any of the replacement sources listed in paragraph 3, supra. Claimed Exchange Rate: Applicants claim a maximum rate of exchange from the exchange-from point to the exchange-to point of 0.001cubic foot per second. Proposed Uses: For purposes of operating the plan for augmentation described at paragraph 2 through 4, supra. Date of Appropriation: The date of filing of this application. Name and Address of Owner of Land upon which Any New or Existing Diversion Structures, or Modification to Existing Diversion Structure is or will be Constructed: Any new structures or modification to existing structures required by this application shall be located on property owned by the Applicants. 19CW3148 Town of Lochbuie (“Lochbuie”), c/o Town Administrator, 703 Weld County Road 37, Lochbuie, CO 80603 (303) 655-9308. Please direct all further pleadings and correspondence to Steven P. Jeffers, Matthew Machado, Lyons Gaddis Kahn Hall Jeffers Dworak & Grant, PC, 363 Centennial Parkway, Suite 110, Louisville, CO 80027, (720) 726-3671. APPLICATION FOR APPROVAL OF CHANGE OF WATER RIGHTS, CONDITIONAL EXCHANGE WATER RIGHT, APPROPRIATION OF RETURN FLOWS, AND PLAN FOR AUGMENTATION IN ADAMS AND WELD COUNTIES. 2.

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Overview of application: Lochbuie owns and operates a municipal water and sewer system for the benefit of its citizens and for the provision of water service to extra-territorial customers who may be served from time to time pursuant to contract. Lochbuie has acquired shares of stock in the Fulton Irrigating Ditch Company (“Fulton Ditch”) and seeks court approval to change those water rights to all municipal uses, including augmentation, replacement and exchange for use in the Town’s current and future augmentation plans as described below. The water will continue to be diverted through the Fulton Ditch headgate and will be returned to the South Platte River through existing or proposed augmentation stations. The water may be used directly or may be exchanged and re-diverted for beneficial use by Lochbuie through United Diversion No. 3. Once diverted through United Diversion No. 3, Lochbuie may store the water in United Reservoir for delivery to the South Platte River or to the Beebe Draw, or deliver the water to the Beebe Draw through the Beebe Pipeline, Burlington-O’Brien Canal, Barr Lake and FRICO delivery system, and storage in Barr Lake, Lake Henry (a/k/a “Henry Reservoir”), or Highlands Reservoir in space owned by Lochbuie or allocated to Lochbuie by agreement with the reservoir owners. Lochbuie will provide water to the South Platte River to replicate historical irrigation return flows by delivery of a portion of the changed water rights, or delivery of other water rights owned or controlled by Lochbuie. Lochbuie claims the right to use, reuse, and successively use the water diverted to extinction for all changed purposes after meeting all return flow obligations, provided Lochbuie maintains dominion and control over such water. Lochbuie seeks approval of a plan for augmentation to allow replacement of return flows with additional sources acquired or leased in the future pursuant to Section 37-92-305(8)(c), C.R.S., and to appropriate all historical return flows from Lochbuie’s Fulton shares when not needed to satisfy a call form a downstream senior water right. CLAIM FOR CHANGE OF WATER RIGHTS 3. Decreed water rights for which change is sought: 3.1. Name of structure: Fulton Ditch.3.2. Date of original and subsequent decrees, appropriation dates, amounts decreed to the structure, and amount being changed in this application: Lochbuie is changing 47 shares of stock out of 7,185 shares outstanding in the Fulton Ditch, which represents approximately 0.65% of the outstanding shares. Lochbuie owns 39 shares, and has a contractual right to use up to 8 additional shares of stock being changed in this case. The following water rights were decreed to the Fulton Ditch by the District Court of Arapahoe County by decree dated April 28, 1883 in Case No. 6009, a pro rata share of which is being changed in this case:

Water Right

Appropriation

Date

Decreed

Amount (cfs)

Pro rata

amount for 47 shares

(cfs) Priority No. 8 May 1, 1865 79.7 0.521 Priority No. 43 July 8, 1876 74.25 0.485 Priority No. 51 November 5, 1879 50.23 0.328

3.3. Legal description of structure as described in most recent decrees that adjudicated the location: The original decreed location is near Section 9, between Sections 16 and 17, T.2S., R.67W., 6th P.M., Adams County, Colorado. The actual headgate location is in the NE1/4 NE1/4 SE1/4 of Section 17, T.2S., R.67W., 6th P.M., Adams County, Colorado, according to the decree in Case No. 13CW3025, District Court in and for Water Division No. 1 entered on November 10, 2016. 3.4. Decreed source: South Platte River. 3.5. Decreed use: Irrigation. 3.6. Amount of water applicant intends to change: Applicant intends to change the water rights associated with the 47 shares. 4. Detailed description of proposed changes: 4.1. Change of type of use: Lochbuie seeks approval to change the type of use of the water rights from irrigation to municipal, including domestic, irrigation, commercial, stock watering, industrial, recreational, fire protection, fish and wildlife propagation, augmentation, replacement, substitution and exchange purposes, including replacement of well depletions and replacement of historical return flows to the South Platte River system. Lochbuie claims the right to fully consume the amount of historical depletions by first use, reuse and successive use to extinction for all proposed purposes. Lochbuie proposes to use the changed water rights as a source of replacement water in

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the augmentation plans decreed in Case Nos. 10CW214 and 10CW216, and in any future augmentation plans, and to lease, sell or otherwise dispose of any excess consumptive use water changed in this case. The area to be irrigated includes residential lawns and gardens, commercial greenhouses, parks, schools, open spaces, greenways, and other landscaped areas. The current Town service area includes portions of Sections 29, 30 and 31, T1N, R65W, and Sections 25, 35, and 36, T1N, R66W, 6th P.M. in Weld County, and Section 1, T1S, R66W and Section 6, T1S, R65W, 6th P.M. in Adams County. 4.2. Change in manner and season of use: Lochbuie seeks approval to change the water rights from direct use to direct use and storage for subsequent use at any time of the year, provided the water is diverted during the historical season of diversion through the Fulton Ditch. A portion of the water from Lochbuie’s shares, after deducting ditch losses, will be returned to the South Platte River and may be stored in the following structures after diversion by exchange at the United Diversion Structure No. 3: 4.2.1. United Reservoir: United Reservoir is located on the East side of the South Platte River in the S1/2 of Section 26 and N1/2 of Section 35, T1S, R67W, 6th P.M. in Adams County. 4.2.2. Barr Lake: Barr Lake is located upon the whole or part of Sections 15, 21, 22, 23, 26, 27, 28 and 33, T1S, R66W, 6th P.M., in Adams County, Colorado. 4.2.3. Lake Henry: Lake Henry is located in portions of the E1/2 of the NW1/4 and the W1/2 of the NE1/4 Section 31, T1N, R65W, 6th P.M., in Weld County, Colorado. 4.2.4. Highlands Reservoir: Highlands Reservoir is a proposed reservoir to be constructed in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., in Weld County, Colorado. Lochbuie’s water may be physically delivered and stored in any of those reservoirs, and after storage in one reservoir, the water may be transferred to any of the other reservoirs by use of a book-over or paper exchange of water from the original reservoir. 4.3. Change in place of use: Applicant seeks approval to change the place of use to include any location within Lochbuie’s current or future service area, and any location outside Lochbuie’s service area served by contract, and in all reservoirs where the water may be stored. A map showing the approximate location of the place of historical use is attached as EXHIBIT A. A map showing Lochbuie’s current service area is attached as EXHIBIT B. A map showing the diversion and storage locations is attached as EXHIBIT C. 5. Proposed terms and conditions to prevent injury from change of water rights. Lochbuie will determine the amount of historical diversions, historical consumptive use and return flows for the 47 shares on a parcel-specific basis. Summaries of available diversion records for the Fulton Ditch are attached as EXHIBIT D. Lochbuie proposes the following terms and conditions to prevent injury to other water rights as a result of the proposed changes: 5.1. Diversion season: Lochbuie will only take delivery of water from its shares between April 1 and October 31. 5.2. Ditch losses: Lochbuie will continue to divert water from its shares through the Fulton Ditch headgate and will bear actual ditch losses in the same percentage as all other shareholders in the Fulton Ditch, in accordance with the Fulton Ditch bylaws and policies. 5.3. Delivery through augmentation stations: Lochbuie’s water will be measured and delivered from the Futon Ditch to the South Platte River through one or more augmentation stations on the Fulton Ditch in accordance with the bylaws of Fulton Ditch. 5.4. Volumetric limits: Water deliveries from Lochbuie’s Fulton shares will be subject to maximum monthly, annual, and twenty-year volumetric limitations. 5.5. Historical return flow obligations: Lochbuie will replace historical return flows on a daily basis any time there is a call by a water right senior to July 29, 2019. Return flows will be replaced with water from the Lochbuie Fulton shares through augmentation stations or by release of such water after storage in United Reservoir; by delivery of nontributary ground water owned or controlled by Lochbuie, including water decreed in Case Nos. W-7806-74, 80CW158, 84CW385, 84CW027, and 84CW028; by release of water stored in United Reservoir pursuant to decree in Case No. 09CW268, or delivery of any other available source pursuant to the plan for augmentation approved in this case. 5.6. Accounting: Lochbuie will separately account for its delivery of water pursuant to its Fulton shares, replacement of return flows, exchange, storage and use of that water under this decree, and incorporate the delivery of such water for replacement purposes in the accounting for the appropriate augmentation plan decrees. CLAIM FOR CONDITIONAL EXCHANGE WATER RIGHT 6. Name of Exchange: Lochbuie Fulton Ditch-United Diversion Exchange No. 1. 7. Structures to be used in exchange: 7.1. Exchange-from point: The Fulton water changed in this case and in any future case may be released from several augmentation stations on the Fulton Ditch located within the reach from

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the Fulton Ditch headgate described in paragraph 3.3, down to the point where the Fort Lupton augmentation station returns water to the South Platte River at a delivery point in the NW1/4 of the SE1/4 of Section 31, T2N, R66W, 6th PM in Weld County, approximately 1,320 feet north of the south line and 1,720 feet west of the east line of Section 31. The downstream terminus of the exchange is at the delivery point of the Fort Lupton augmentation station. 7.2. Exchange-to point: United Diversion Facility No. 3 is located on the East bank of the South Platte River in the SW1/4 of Section 26, T1S, R67W of the 6th P.M., in Adams County, approximately 1,531 feet from the South line and 1,636 feet from the West line of said Section 26. 7.3. A map showing the location of the exchange points is attached as EXHIBIT E. 8. Source: South Platte River. 9. Amount claimed: 5.0 cfs, conditional. 10. Date of Appropriation: May 7, 2019. 11. How appropriation was initiated: The Town Board approved and signed a Water Resource Credit Agreement with United Water and Sanitation District dated May 7, 2019 to provide water service for the Lochbuie Station subdivision (“Lochbuie Station WRCA”), establishing Lochbuie’s right to acquire and use up to 47 Fulton shares in this case, and the right to acquire additional diversion and capacity in United Diversion No. 3, United Reservoir, the Beebe Pipeline, Highlands Reservoir, and additional carriage capacity through the Burlington-O’Brien Canal and FRICO system. Lochbuie obtained title to 39 shares of the Fulton water and obtained a lien on the additional 8 Fulton shares in this case at the closing held May 30, 2019. The Lochbuie Town Board approved and signed a separate Water Resource Credit Agreement dated October 16, 2018, to provide water service for Silver Peaks East Subdivision (“Silver Peaks East WRCA”) establishing Lochbuie’s right to acquire and use an additional 26.44 shares in the Fulton Ditch, and Lochbuie has had discussions with other developers regarding the possible dedication of additional Fulton shares for use in the Town’s water system in exchange for water service. Lochbuie filed this application in water court. 12. Date water applied to beneficial use: N/A. 13. Uses: Municipal purposes, including domestic, irrigation, industrial, commercial, stock watering, recreation, fire protection, fish and wildlife propagation, augmentation, replacement, substitution and exchange. Such water is intended for use as part of a unified municipal water system within the Town of Lochbuie and other locations served by the Town by contract. Water may be delivered for such uses to the Beebe Draw via the Beebe Pipeline, Burlington Ditch, O-Brien Canal, Barr Lake, Beebe Seep Canal and other FRICO system ditches, or delivered back to the South Platte River for such uses. The area to be irrigated includes residential lawns and gardens, commercial greenhouses, parks, schools, open spaces, greenways, and other landscaped areas. The current Town service area includes portions of Sections 29, 30 and 31, T1N, R65W, and Sections 25, 35, and 36, T1N, R66W, 6th P.M. in Weld County, and Section 1, T1S, R66W and Section 6, T1S, R65W, 6th P.M. in Adams County. Any water not used immediately may be stored in United Reservoir, Barr Lake, Lake Henry, or Highlands Reservoir. CLAIM FOR APPROVAL OF AUGMENTATION PLAN 14. Description of augmentation plan: 14.1. Structure to be augmented: Historical return flows from Lochbuie’s Fulton shares. 14.2. Location of return flows: The return flows historically accrued to the South Platte River between the Fulton Ditch headgate described in paragraph 3.3 and approximately the south line of Section 1, T2N, R67W, 6th P.M. in Weld County. 14.3. Water rights to be used for augmentation and statement of plan: In order to increase the supply of water available to Lochbuie for beneficial use from the Fulton shares, Lochbuie may provide a substitute supply of water to replace historical return flows associated with the changed water rights from the sources described in paragraph 5.5, and from any other water supplies acquired or leased by Lochbuie in the future for use as a source of replacement water in this plan for augmentation pursuant to the procedures allowed by Section 37-92-305(8)(c), C.R.S. CLAIM FOR APPROPRIATION OF RETURN FLOWS 15. Claim for return flows: Lochbuie claims the right to retain and use for all changed purposes the historical return flow portion of the Fulton shares at any time of the year whenever there is no call for water rights below the historical return flow location, or that call is junior to July 29, 2019. 16. Name of structure: Fulton Ditch. 17.Location of structure: The location of the Fulton Ditch headgate is described in paragraph 3.3. 18. Source: South Platte River. 19. Amount claimed: Lochbuie owns or has the right to use up to 47 shares in the Fulton Ditch described in paragraph 3. Lochbuie claims a rate and volume of all return flows associated with those shares to the extent available under this claimed appropriation, conditional. 20. Date of Appropriation: July 29, 2019. 21. How appropriation

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was initiated: By taking all actions described in paragraph 11 and filing the application in this case. 22. Date water applied to beneficial use: N/A. 23. Uses: The water is claimed for the same uses described in paragraphs 4.1 and 13. 24. Notice to landowners: Name and address of owners 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. 24.1. The Fulton Ditch is owned by the Fulton Irrigating Ditch Company, 25 South 4th Avenue, Brighton, CO 80601. 24.2. The United Diversion Facility No. 3 is on land owned by Henderson Aggregate Ltd., c/o of Albert Frei & Sons (Registered Agent), 11521 Brighton Road, Henderson, CO 80640. Lochbuie owns a perpetual right to divert up to 818 acre-feet per year. 24.3. United Reservoir is on land owned by Bromley District Water Providers, LLC, c/o of Robert A. Lembke (Registered Agent), 8301 East Prentice Ave., Suite 100, Greenwood Village, CO 80111. Lochbuie owns a perpetual right to use up to 445 acre-feet of storage space in United Reservoir with a contractual right to obtain up to an additional 50 acre-feet. 24.4. Barr lake is on land owned by the Farmers Reservoir and Irrigation Company, Scott Edgar, General Manager, 80 South 27th Avenue, Brighton, CO 80601. 24.5 Lake Henry is on land owned by the Applicant. 24.6. TRS Equities, LLC, Highlands Equities, LLC, Weld Kil 270 Equities, LCC, and the Damiano Family Trust hold legal title as nominees for South Weld Holdings, LLC, the beneficial title owner, to the land upon which Highlands Reservoir will be located. The address for South Weld Holdings is c/o Josh Shipman, 8301 East Prentice Ave., #100, Greenwood Village, Colorado 80111. Lochbuie has a contractual right to acquire up to 25 acre-feet of storage capacity in Highlands Reservoir. 24.7 Fort Lupton augmentation station is owned by the City of Fort Lupton, 130 South McKinley Avenue, Fort Lupton, CO 80621. WHEREFORE, Lochbuie requests the Court enter a decree approving the change of water rights, conditional exchange water right, appropriation of return flows, and plan for augmentation described in this application. Pages in application: 9 19CW3149 Hanven Estates, LLC, 21097 E. Nichols Parkway, Aurora, CO 80016 (James Petrock, Petrock Fendel Poznanovic, P.C., 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 UPPER AND LOWER ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DENVER AQUIFERS, ADAMS COUNTY. Subject Property: 364.2 acres located in the E1/2 and E1/2SW1/4 of Section 19, T2S, R64W of the 6th P.M., Adams County, as described and shown on Attachment A hereto ("Subject Property"). The Denver aquifer is not nontributary as described in Section 37-90-103(10.7), C.R.S., and the Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Denver: 82 acre-feet, Upper Arapahoe: 57 acre-feet, Lower Arapahoe: 63 acre-feet, Laramie-Fox Hills: 92 acre-feet. Proposed Use: Domestic, commercial, industrial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Groundwater to be augmented: All available Denver aquifer groundwater as requested herein. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Denver aquifer groundwater will be used on the Subject Property for domestic, including in-house use, irrigation, including in greenhouses, commercial, stockwatering, and fire protection, through one or more wells. Applicant reserves the right to amend the amount and uses without amending the application or republishing the same. Sewage treatment for in-house use will be provided by non-evaporative septic systems. Return flow from in-house use will be approximately 90% of that use and return flow from outside irrigation use will be approximately 15% of that use. During pumping Applicant will replace actual depletions pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions occur to the Box Elder Creek stream system and return flows accrue to that creek system and are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicant will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post pumping augmentation requirements. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (6 pages).

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19CW3150 John and Charlene Jennings, 1820 S. State Highway 83, Franktown, CO 80116 (James J. Petrock, Petrock Fendel Poznanovic, P.C., 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, DOUGLAS COUNTY. 40 acres located in the N1/2SW1/4 of Section 24, T8S, R66W of the 6th P.M., Douglas County, as described and shown on Attachment A hereto ("Subject Property"). Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Upper Dawson: 9 acre-feet, Lower Dawson: 7 acre-feet, Denver: 14 acre-feet, Arapahoe: 19 acre-feet, Laramie-Fox Hills: 11 acre-feet. Proposed Use: Domestic, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Groundwater to be augmented: All available Upper Dawson aquifer groundwater as requested herein. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Upper Dawson aquifer water will be used for in-house use in up to three single family residences, irrigation, including lawn, garden, trees, pasture and hay, stockwatering, fire protection and storage. Applicants reserve the right to revise the annual amount to be withdrawn and the proposed uses without having to amend the application or republish the same. Sewage treatment for in-house use will be provided by non-evaporative septic systems and return flow from in-house and irrigation use will be approximately 90% and 15% of those uses, 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. Applicants estimate that depletions occur to the Cherry Creek stream system. Return flows accrue to the South Platte River stream system via Cherry Creek, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. 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. (6 pages). 19CW3151 NATIONWIDE YOUTH ROUNDUP, INC., c/o Kevin Paul, 875 W 64th Ave, Denver, CO 80221. Please send all pleadings and correspondence to Paul F. Holleman and John D. Buchanan, Buchanan Sperling & Holleman PC, 1525 Spruce Street, Suite 200, Boulder, Colorado 80302. APPLICATION FOR FINDING OF REASONABLE DILIGENCE, in DOUGLAS COUNTY. Description of Water Rights from Previous Decree: 2. Name. NYR Pond A. Decrees. Case No. 2006CW56, Water Division 1, entered on January 18, 2007 (“06CW56 Decree”); subsequent diligence decree entered in Case No. 2012CW295, Water Division 1 on July 2, 2013 (“12CW295 Decree”). B. Location. i. Height and length of dam: 8 feet, 165 feet, respectively. ii. Capacity: 1.6 acre-feet; surface area at high water mark: 0.41 acre. iii. Source: on-channel on Bear Creek. iv. Location: the outlet is located in the NE1/4 NE1/4 Section 9, T. 8 S., R. 69 W., 6th P.M., 500 feet from the east section line and 700 feet from the north section line. C. Use and amounts: livestock watering, recreation, piscatorial, fire protection, 1.6 acre-foot, absolute; indoor residential and commercial, 1.6 acre-foot, conditional. D. Appropriation date: February 28, 2006 3. Name. NYR Well No. 1, permit no. 77441-F A. Decrees: 06CW56 and 12CW295 Decrees. B. Appropriation Date: July 1, 1953 for 3 gpm; February 28, 2006 for 22 gpm. C. Depth: 400 feet. D. Source: fractured granite, tributary to Bear Creek (in Douglas County) and the South Platte River. E. Location: NE1/4 NE1/4 Section 9, T. 8 S., R. 69 W., 6th P.M., 210 feet from the East section line and 1050 feet from the North section line. F. Pumping Rate: 3 gpm absolute; 22 gpm conditional. G. Uses: indoor residential and commercial, sanitation, fire protection. 4. Name. NYR Well No. 2, permit nos. 77353-F, 192465 A. Decrees: 06CW56 and 12CW295 Decrees. B. Appropriation Date: January 18, 1996 for 3 gpm; February 28, 2006 for 22 gpm. C. Depth: 605 feet. D. Source: fractured granite, tributary to Bear Creek and the South Platte River. E. Location: NE1/4 NE1/4 Section 9, T. 8 S., R. 69 W., 6th P.M., 724 feet from the east section line and 931 feet from the north section line. F. Pumping Rate: 3 gpm absolute; 22 gpm conditional.

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G. Uses: indoor residential and commercial, sanitation, fire protection. 5. Name. NYR Well No. 3 A. Decrees: 06CW56 and 12CW295 Decrees. B. Appropriation Date: February 28, 2006. C. Depth: approximately 800 feet. D. Source: fractured granite, tributary to Bear Creek and the South Platte River. E. Location: Any location within Applicant, Nationwide Youth Roundup’s property, which is located in the NE1/4 NE1/4 Section 9, T. 8 S., R. 69 W., 6th P.M. F. Pumping Rate: 25 gpm conditional. G. Uses: indoor residential and commercial, sanitation, fire protection. 6. Detailed outline of work performed to complete application of water to beneficial use. Applicant’s efforts toward development of the subject conditional water rights during the subject diligence period include, but are not limited to, the following: A. Applicant is a Colorado non-profit corporation that hosts an annual camp on its property near Sedalia, Colorado primarily for approximately 1,500 junior and senior high school students, for a week each summer. The camp is preceded by a week during which 25-50 adult volunteers occupy the property to do maintenance and repair. B. Applicant obtained a final permit for NYR Well #1, permit no. 77441-F, and filed the pump installation and well construction reports for this well. C. Applicant has continued to augment its out of priority depletions associated with its absolute water rights that are used at the camp and has paid Mountain Mutual Reservoir Co.’s annual fees for such augmentation releases. 7. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant. WHEREFORE, Applicant requests that the court issue a decree finding that Applicant has been reasonably diligent with respect to the conditional portions of the above-described water rights, continuing the conditional portions of these water rights for an additional six-year period, and granting such other and further relief as may be appropriate. (5 pages). 19CW3152 Paragon Point P.U.D. Community Estates Association, Inc., c/o Claudia Delude – Community Association Manager, 2850 McClelland Drive, Fort Collins, CO 80525. Please send all future correspondence and pleadings to Sara J.L. Irby, Esq., Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Road, Fort Collins, CO 80525, (970)282-2085. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND CLAIM TO MAKE ABSOLUTE FOR APPROPRIATIVE RIGHT OF EXCHANGE IN LARIMER COUNTY. 2. Names of the structures: Fossil Creek Reservoir, an infiltration gallery on Fossil Creek and two holding ponds known as Stone Creek Pond 1 and Stone Creek Pond 2 on Stone Creek, a tributary to Fossil Creek are all involved in the operation of the exchange that is the subject of this application. 3. Describe conditional water right: A. Date of Original Decree: December 31, 1998, Case No. 93CW168, District Court, Water Division No. 1. B. Date of Diligence Decrees: July 12, 2013, Case No. 11CW264, District Court, Water Division No. 1; and December 28, 2005, Case No. 05CW134, District Court, Water Division No. 1. C. Locations and Legal description of the structures: The conditional water right is an exchange located in Fossil Creek. The reach of the exchange is from Fossil Creek Reservoir, located in portions of Section 9, 10, 15, 16 and 17, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado upstream to the location of an infiltration gallery located in the SE1/4 of the SW1/4 of Section 7, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado approximately 250 feet upstream of the confluence of Fossil Creek with Stone Creek, as shown on Exhibit A, attached hereto. Further, structures to be augmented pursuant to the operation of the exchange are Stone Creek Ponds No. 1 and Stone Creek Pond No. 2. These are lined holding ponds on Stone Creek to which water from the infiltration gallery is pumped. The exchange reach extends from the upstream pond to the confluence with Fossil Creek, a distance of approximately 450 feet. D. Source: Fossil Creek. E. Appropriation Date: November 30, 1996. F. Amount: 5 c.f.s., CONDITIONAL. G. Use: Exchange: The exchange is exercised in accordance with an agreement between Applicant and North Poudre Irrigation Company dated January 6, 1999 (“Exchange Agreement”), whereby water attributable to Applicant’s Colorado-Big Thompson units and its shares in New Mercer Ditch Company and Larimer County Canal No. 2 are exchanged with water available to the North Poudre Irrigation Company. 4. Detailed outline of work done to completed application and appropriation and application of water to beneficial use: In addition to the operation of the exchange, as set forth below in Section 5, during this

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diligence period, Applicant continued to develop, maintain, repair and operate its water distribution and irrigation system, including Stone Creek Pond 1, Stone Creek Pond 2 (the “Ponds”), the infiltration gallery, and related structures and facilities. Specifically, Applicant 1) upgraded and performed routine maintenance and repair of the infiltration gallery, related pumps and flow lines, the Ponds that enable the exchange to operate, and the entire integrated water distribution and irrigation system, including without limitation repairing, maintaining and replacing sprinklers, valves, heads and electrical lines; 2) replaced the motor for the pumps in 2018; 3) removed silt and other debris from Stone Creek Pond No. 2 in 2017; 4) performed routine water quality testing and treatment of the Ponds; 5) cleaned out, inspected, adjusted and repaired the Ponds’ aeration components; 6) upgraded the meters on the infiltration gallery and the Ponds; and 7) coordinated the transfer of its 20 Colorado-Big Thompson units to North Poudre Irrigation Company each year during the diligence period, in accordance with the Exchange Agreement. Applicant also paid the annual assessments for its water rights during this diligence period, including assessments associated with its shares in the Larimer County Canal No. 2, shares in the New Mercer Ditch, and fees and assessments related to its 20 units of the Colorado-Big Thompson Project administered by the Northern Colorado Water Conservancy District. In sum, Applicant expended more than $210,000 during the diligence period toward developing, repairing and maintaining its water distribution and irrigation system. Also during the diligence period, Applicant used its ditch rights, as well as operated the subject exchange, to satisfy its irrigation needs. Applicant anticipates that it will continue to need to operate the conditionally decreed exchange in future years, particularly dry years, to fully irrigate its open space and to meet its other water needs. Applicant reserves the right to assert and demonstrate that during the diligence period other or additional activities have been undertaken or accomplished toward completion of the appropriation. 5. Claim to make absolute: In 2016, and in accordance with the Exchange Agreement, Applicant transferred 20 units of Colorado-Big Thompson to North Poudre Irrigation Company, and in September 2016, Applicant exercised the exchange decreed hereto at a rate of 0.119 c.f.s. by storing a total of 7.09 acre-feet of water from Fossil Creek in the Ponds, which said water was beneficially used for irrigation purposes. Applicant reserves the right to amend this application to make any additional portion of the exchange right exercised during the pendency of this application absolute for all beneficial purposes. 6. Name(s) and address(es) of owner(s) of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: A. Applicant is the owner of the land on which the infiltration gallery, the headgate from Fossil Creek and the Stone Creek Ponds are located. The Applicant owns the lands on which the water that will result from the exchange will be used. Applicant’s address is stated above. B. Fossil Creek Reservoir is owned by the North Poudre Irrigation Company, 3729 Cleveland Avenue, Wellington, CO 80549. WHEREFORE, Applicant respectfully requests a ruling and decree for the following: A. Applicant has made 0.119 c.f.s. of the conditional exchange ABSOLUTE, in accordance with Section 5 of this Application; B. Applicant has exercised due and reasonable diligence during the six years following entry of the decree in Case No. 11CW264 towards completion or for completion of the appropriation and application of water therein decreed, and for such other relief as the Court may determine proper; C. Applicant further prays that this Court continue in full force and effect the remaining portion of the conditional water right totaling 4.881 c.f.s. for an additional six-year period, and for such other relief as the Court may deem proper; and D. Applicant has demonstrated continued intent and progress toward finalizing the conditional water rights and further demonstrated that it has satisfied the requirements of “can and will”. (5 pages)

19CW3153 ERIC and JOANNA EASTMENT, 19255 Fly Fishing Trail, Conifer, CO 80433, and MOUNTAIN MUTUAL RESERVOIR COMPANY, 6949 Highway 73, Suite 15, Evergreen, CO 80439 (Please address all pleadings and correspondence to Applicant’s attorney: John J. Cyran, Confluence Water Law, LLC, 3570 East 12th Avenue, Suite 311, Denver, CO 80206; (303) 746-3802.) APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION AND APPROPRIATIVE RIGHTS OF EXCHANGE IN JEFFERSON AND PARK COUNTIES: Applicants, Eric and Joanna Eastment and Mountain Mutual Reservoir Company (“Applicants”), by and through undersigned counsel,

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hereby submit this Application for Approval of Plan for Augmentation and Appropriative Rights of Exchange. In support of this Application, Applicants state as follows: APPLICATION FOR PLAN FOR AUGMENTATION: Structure to be Augmented: Applicants seek approval of a plan for augmentation to provide water for a 10-acre parcel of land (the “Eastment Property” or “Property”) located in Jefferson County, Colorado in the SW1/4 SW1/4, Section 27, Township 6 South, Range 70 West of the 6th P.M., also known as Jefferson County PIN 300 420 140 or 19255 Fly Fishing Trail, Conifer, Colorado 80433 (see Exhibit A). Applicants seek to augment depletions from uses on the Property including domestic uses, watering of horses or other animals, turf and garden irrigation, and fire protection. The water to be augmented shall be diverted through an existing well (“Eastment Well No. 1” or the “Well”) located on the Property. Eastment Well No. 1 is located in the SW1/4 SW1/4, Section 27, Township 6 South, Range 70 West of the 6th P.M. at Latitude 39.493531 and Longitude 105.220101, and is tributary to the South Fork of Deer Creek, tributary to Deer Creek, tributary to the South Platte River at Chatfield Reservoir. Eastment Well No. 1 is registered under Permit No. 259342 as an exempt well; however, once a decree is approved in this matter, a new well permit application shall be submitted to the State Engineer’s Office to authorize use of the Well for domestic uses for a single family dwelling, watering of horses or other animals, turf and garden irrigation, and fire protection. Source of Replacement Water: Applicants have contracted with North Fork Associates, LLC to purchase 2.9 shares of Mountain Mutual Reservoir Company stock, representing a firm annual yield of 0.092 acre-foot, which yield is sufficient to satisfy Applicants’ present and anticipated future annual needs. The sources from which this yield is derived from are as follows: A. Maddox Reservoir. The Maddox Reservoir is located in the NE1/4 SW1/4, Section 22, Township 7 South, Range 73 West of the 6th P.M. in Park County. It was adjudicated on November 11, 1971 with an appropriation date of May 31, 1905. It is decreed for multiple purposes including irrigation, domestic, fish culture and recreation with a capacity of 54.0 acre-feet. It is filled by the Maddox Reservoir Feeder Ditch, which diverts from the North Fork of the South Platte River in the NE1/4 SE1/4 SW1/4, Section 22, Township 7 South, Range 73 West of the 6th P.M. and decreed as an alternate point of diversion for the Slaght Ditch. B. Lower Sacramento Creek Reservoir Company. The Lower Sacramento Creek Reservoir Company, a Colorado corporation, owns and operates the Lower Sacramento Creek Reservoir No. 1. The Reservoir is located in the Northeast 1/4 Northwest 1/4, Section 32, and the Southeast 1/4 Southwest 1/4, Section 29, Township 9 South, Range 77 West, 6th P.M., Park County, Colorado. North Fork Associates owns 932 shares of a total of 3,700 shares in the Company (a 25.2% interest). The Reservoir has been constructed and is entitled to store water under the following decrees: Case No. W-7741-74; Case No. 84CW250; Case No. 85CW465. The water may be used for domestic, municipal, commercial, industrial, irrigation, fish and wildlife propagation, recreational and all other beneficial purposes, including exchange to compensate for depletions in the South Platte River and its tributaries. C. Nickerson No. 2 Ditch. The Nickerson No. 2 Ditch, with a South Platte Priority No. 262 and North Fork Drainage Priority No. 24 has an appropriation date of May 1, 1872 as adjudicated by the District Court for Park County on May 22, 1913 in the amount of 0.65 of a cubic-foot-per-second. The headgate is located on the North bank of Deer Creek at a point whence the SE Corner, Section 4, Township 7 South, Range 72 West of the 6th P.M., bears North 58º15’ East, 2320 feet and has historically irrigated approximately 35 acres adjacent to Dear Creek in the SE1/4 Section 9, NW1/4 Section 15, and NE1/4, Section 16, Township 7 South, Range 72 West of the 6th P.M. all in Park County. D. Parmalee No. 1 Ditch. The Parmelee No. 1 Ditch, with a South Platte Priority No. 251 and North Fork Drainage Priority No. 14 has an appropriation date of May 1, 1867 as adjudicated by the District Court for Park County on May 22, 1913 in the amount of 0.52 of a cubic-foot-per-second. In that decree the headgate was located on the North Bank of Deer Creek at a point whence the S1/4 Corner of Section 32, Township 6 South, Range 72 West of the 6th P.M., bears South 70º 6’ East, 1210 feet. Water Division No. 1 District Court Case No. W-7434 changed the location of the headgate to the Nickerson No. 2 Ditch, as shown above. E. Carruthers No. 2 Ditch. The Carruthers No. 2 Ditch, with a South Platte Priority No. 250 and North Fork Drainage Priority No. 13 has an appropriation date of May 1, 1967 as adjudicated by the District Court for Park County on May 22, 1913 in the amount of 0.52 of a cubic-foot-per-second. In that decree the headgate was located on the North Bank of Deer Creek at a point whence the S1/4 Corner between Section 31 and 32, Township 6 South,

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Range 72 West of the 6th P.M., bears North 85º 30’ East, 1398 feet. Water Division No. 1 District Court Case No. W-7434 changed the location of the headgate for 0.28 of a cubic-foot-per-second to the Nickerson No. 2 Ditch, as shown above. This 0.28 of a cubic-foot-per-second is included in this contract. Pursuant to the Decree issued in Case No. 2000CW174, dated October 11, 2002, the historic consumptive use associated with the Nickerson No 2, Parmelee No. 1, and Carruthers No. 2 Ditches (hereinafter referred to as “Nickerson Ditch Rights”) was quantified. The terms and conditions under which the Nickerson Ditch Rights are used for augmentation, replacement, exchange and storage purposes were also defined and approved in Case No. 2000CW174, as follows: (1) The Nickerson Ditch Rights may be left in the stream system to offset depletions from water use by MMRC shareholders. The water may also be stored in the Lower Sacramento Creek Reservoir No. 1, Maddox Reservoir and other MMRC reservoirs within the South Platte River Basin located above South Platte, Colorado; provided, however, that the details of storage in another reservoir are published in the Water Resume, or such storage is approved by the State Engineer pursuant to Paragraph 37-80-120 and 37-92-308, 10 C.R.S. (2002). (2) The maximum rate of diversion under the Nickerson Ditch Rights is 0.8 of a cubic foot per second. Diversions are limited to the May 1, 1867 priorities decreed to the Parmalee Ditch No. 1 and the Carruthers Ditch No. 2. (3) Diversions to storage and/or assignment for in-stream augmentation credit are limited to the period April 23 through October 31 of each year and are further limited to those times when water is physically and legally available for diversion at the historic Nickerson Ditch No. 2 headgate on Deer Creek. If the May 1, 1867, priority is not fully satisfied to the extent of 0.8 of a cubic foot per second, the diversion rate is reduced to the flow, which is then physically and legally available. (4) Maximum monthly diversions under the Nickerson Ditch Rights are limited as follows: April, 2.0 acre-feet; May, 16.0 acre-feet; June, 19.0 acre-feet; July, 16.0 acre-feet; August, 10.0 acre-feet; September, 7.0 acre-feet; and October, 4.0 acre-feet. Maximum annual diversions are limited to 62 acre-feet per year. During any consecutive ten-year period, total diversions are further limited to 486 acre-feet. F. Slaght Ditch. In accordance with the Decree entered in Civil Action No. 1678 of Park County District Court, on May 22, 1913, the Slaght Ditch was awarded a direct flow priority of May 1, 1863, for 2.0 cubic feet per second for irrigation purposes. The source of water is the North Fork of the South Platte River. The point of diversion for the Slaght Ditch was originally established to be a point on the North bank of the North Fork of the South Platte River in the NE1/4 SE1/4, of Section 21, Township 7 South, Range 73 West, 6th P.M., approximately 2,060 feet North and 490 feet West of the Southeast Corner of Section 21. Pursuant to a decree entered by the District Court for Water Division 1 in Case No. 82CW472, on October 3, 1983, the Maddox Reservoir Feeder Ditch was approved as an alternate point of diversion for the Slaght Ditch water right. The point of diversion of the Maddox Reservoir Feeder Ditch is located on the North bank of the North Fork of the South Platte River in the NW1/4 SW1/4, Section 22, Township 7 South, Range 73 West, 6th P.M., approximately 1,240 feet East and 1,740 feet North of the Southwest Corner of Section 22. In Case No. 79CW339, 0.12 of a cubic foot per second of the Slaght Ditch water right was changed to augmentation, replacement and storage purposes. In Case No. 81CW253, the point of diversion for 0.008 of a cubic foot per second of the Slaght Ditch priority was changed to a new location, with the water continuing to be used for irrigation purposes. Of the remaining 1.872 cubic feet per second, 0.481 of a cubic foot per second was transferred by MMRC in Case No. 2003CW238 and 0.727 of a cubic foot per second was transferred in Case No. 2016CW3197. G. Mack Ditch No. 2. In accordance with the Decree entered in Civil Action No. 1678 of the Park County District Court, on May 22, 1913, the Mack Ditch No. 2 was awarded a direct flow priority of May 1, 1863, for 1.0 cubic foot per second for irrigation purposes. The source of water is the North Fork of the South Platte River. The point of diversion of the Mack Ditch No. 2 was originally established to be on the South bank of the North Fork of the South Platte River at a point in the NE1/4 SE1/4, Section 21, Township 7 South, Ranch 73 West, 6th P.M., Park County, Colorado whence the East Quarter Corner of said Section 21 bears North 43 degrees East, a distance of 984 feet more or less. By an Order of the Park County District Court entered on October 17, 1927, the point of diversion was moved approximately 789 feet upstream to a point on the South bank of the North Fork of the South Platte River in the NE1/4 SE1/4, Section 21, Township 7 South, Range 73 West, 6th P.M., whence the East Quarter corner of said Section 21 bears North 79 degrees 30 seconds East, a distance of 1,292 feet, more or less. In Case Nos. W-7503, W7548, 80CW080, 80CW455, 81CW143,

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81CW298, and 89CW081, at total of 0.1191 of a cubic foot per second of Mack Ditch No. 2 water right was transferred out of the Ditch for uses other than irrigation. Of the remaining 0.8809 of a cubic foot per second, 0.44045 of a cubic foot per second was transferred by MMRC in Case No. 2003CW238. Pursuant to the Decree issued in Case No. 2003CW238, dated October 24, 2006, the historic consumptive use associated with the Slaght Ditch and Mack Ditch No. 2 water rights was quantified. The terms and conditions under which these water rights are used for augmentation, replacement, exchange and storage purposes were also defined and approved in Case No. 2003CW238, as follows: (1) The Slaght Ditch Rights may be left in the stream system to offset depletions from water use by MMRC shareholders. The water may also be stored in the Lower Sacramento Creek Reservoir No. 1 or the Maddox Reservoir. (2) The maximum rate of diversion under the Slaght Ditch Rights is 0.5 cubic foot per second. (3) Diversions to storage and/or assignment for in-stream augmentation credit are limited to the period May 1 through October 31 of each year and are further limited to those times when water is physically and legally available for diversion at the historic Slaght Ditch headgates on the North Fork of the South Platte River. If the May 1, 1867, priority is not fully satisfied to the extent of 2.0 cubic foot per second for the Slaght Ditch and 1.0 cubic foot per second for the Mack Ditch No. 2, MMRC’s diversions are limited to it’s pro rata entitlement to the water when physically and legally available. (4) Maximum annual diversions of the portion of the Slaght Ditch Rights changed in 2003CW238 are limited to 41 acre feet per year. During any consecutive ten year period, the total diversions are further limited to 342 acre feet. H. Guiraud 3T Ditch. Mountain Mutual Irrigation Company owns 3.481 cubic feet per second of the water rights decree to the Guiraud 3T by decree entered October 18, 1889 with appropriation date of July 1, 1867. The Guiraud 3T Ditch Consumptive Use Yield was quantified in Water Division 1, Water Court in multiple decrees. Said yield is 1.5 acre-feet/acre or 21.825 acre-feet/cubic-foot-per-second of flow rate. Mountain Mutual Irrigation Company therefore owns 75.972 acre-feet of Consumptive Use replacement water. The headgate for the Guiraud 3T Ditch is located on the right bank of the Middle Fork of the South Platte River in the Northeast 1/4 of Section 8, Township 11 South, Range 76 West, 6th P.M., Park County, Colorado, at a point whence the Northeast corner of the Northeast 1/4 of said section bears North 63 degrees 35 minute East, 1,305 feet. Description of Plan for Augmentation: A. Water Requirements. The water requirements are for in-house use for one single-family dwelling with an average occupancy of 3.5 capital and outdoor uses for four horses or equivalent animals and 1,200 square feet of garden. The estimated water requirements are 80 gallons per capita per day (gpcd) for in-house uses, with 10% consumption based on subsurface discharge from an individual septic tank-soil absorption system, 10 gallons per head of horse or 2.5 gallons per head of sheep or equivalent animals with 100% consumption, and 0.40 acre feet per acre for garden uses with 80% consumption. This plan will require 0.092 of an acre-foot of replacement water as is shown in Table 1.

Table 1

Type of Use

Water Requirement

Units Quantity in Ac-Ft

CU Rate

Total Ac-Ft

Summer Ac-Ft

Winter

Ac-Ft

In-house 80 gal/day 3.5 cap

1 0.314 10% 0.0314 0.0157 0.0157

Horses 10 gal per head per day

4 0.045 100% 0.0448 0.0224 0.0224

Garden 0.5 af per acre 0.028 0.012 80% 0.0115 0.0115 0.000

Transit Charge

0.0013% per mile

42 0.005 100% 0.005 0.003 0.002

TOTAL 0.092 0.052 0.040

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The monthly depletions are as follows, in acre-feet.

Table 2

Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct

.007 .006 .006 .007 .007 .007 .008 .009 .009 0.009 .009 .008

B. Operation of Plan. The total consumptive use water requirement described above will typically be met with 0.092 of an acre foot of the annual yield from the Slaght Ditch Rights and 0.040 of an acre-foot of space in Maddox Reservoir. However, if necessary, the consumptive use requirement may be met with any of the replacement sources listed in paragraph 3, supra. The calculated requirements of the direct flow water rights from May through October are a total of 0.049 of an acre-foot at the point of depletion on the South Fork of Deer Creek in the NW1/4 NW1/4, Section 27, Township 6 South, Range 70 West of the 6th P.M. The point of delivery of this water will be the confluence Deer Creek and the South Platte River in the Sections 10 & 11, Township 6 South, Range 69 West of the 6th P.M. The distance from the headgate of the Slaght Ditch and the outlet of the Maddox Reservoir to the confluence of Deer Creek and the South Platte River is 42 miles. At 0.13% per mile the stream loss from the headgate of the Slaght Ditch and the outlet of Maddox Reservoir to the point of delivery is 5.5%, (0.005 AF). The total requirement at the points of exchange at the confluence of Deer Creek and the South Platte River is 0.087 of an acre-foot. Operation of the Plan for Augmentation will require operation of the following appropriative right of substitution and exchange at a maximum rate of 0.001 cubic foot per second: From the confluence of Deer Creek and the South Platte River, in the Section 10 & 11, Township 6 South, Range 69 West, thence up Deer Creek to the confluence of South Deer Creek in the SE1/4 SE1/4, Section 11, Township 6 South, Range 70 West, thence up South Deer Creek to the point of depletion in the SW1/4 SW1/4, Section 27, Township 6 South, Range 70 West all in the 6th P.M. In the event that there is a senior call Reservoir that precludes operation of the substitution and exchange, the applicant can either have replacement water delivered by truck to the point of depletions or have an on-site container from which replacement water may be released. APPLICATION FOR APPROPRIATIVE RIGHT OF EXCHANGE: Description of Appropriative Right of Exchange: Applicants claims a right to operate an appropriative right of exchange, from the exchange-from point to the exchange-to points listed below, for the amounts listed below, for the purpose of operating the plan for augmentation described at paragraphs 2 through 4, supra. Point of Release of Substitute Supply (“exchange-from” point): Substitute Supply water may be released from any of the replacement sources listed in paragraph 3, supra, into the South Platte River. Water so released into the South Platte River will be exchanged up Deer Creek from the confluence of Deer Creek and the South Platter River at Chatfield Reservoir. Thus, the “exchange-from” point is the confluence of Deer Creek and the South Platte River at Chatfield Reservoir in Section 10 and 11, Township 6 South, Range 69 West, 6th P.M. Points of Diversion (“exchange-to” points): Water shall be exchanged from the “exchange-from” point to provide for diversions at the Eastment Well No. 1 as described at paragraph 2, supra. Thus, the “exchange-to” point is the location of the Eastment Well No. 1 in the SW1/4, SW1/4 , Section 27, Township 6 South, Range 70 West of the 6th P.M. at Latitude 39.493531 and Longitude 105.220101. Description of Exchange Reach: From the confluence of Deer Creek and the South Platte River, in the Section 10 & 11, Township 6 South, Range 69 West, thence up Deer Creek to the confluence of South Deer Creek in the SE1/4 SE1/4, Section 11, Township 6 South, Range 70 West, thence up South Deer Creek to the point of depletion in the SW1/4 SW1/4, Section 27, Township 6 South, Range 70 West all in the 6th P.M. Water Rights to be Used by Exchange: Any of the replacement sources listed in paragraph 3, supra. Claimed Exchange Rate: Applicants claim a maximum rate of exchange from the exchange-from point to the exchange-to point of 0.001cubic foot per second, CONDITIONAL. Proposed Uses: For purposes of operating the plan for augmentation described at paragraph 2 through 4, supra. APPLICATION FOR UNDERGROUND WATER RIGHT: Name and Legal Description of Structures: A. Name of Structure. Eastment Well No. 1. B. Well Permit Number. Eastment Well No. 1 is registered under Permit No. 259342 as an exempt well; however, once a decree is approved in this matter, a new well permit application shall be submitted to the State Engineer’s Office to authorize use of the Well for domestic uses, watering of horses or other

44

animals, turf and garden irrigation, and fire protection. C. Legal Description of Location of Structures. Eastment Well No. 1 is located in the SW1/4 SW1/4 , Section 27, Township 6 South, Range 70 West of the 6th P.M. at Latitude 39.493531 and Longitude 105.220101. A map of the location of Eastment Well No. 1 is attached hereto as Exhibit A. Source of Water: Groundwater tributary to the South Fork of Deer Creek, tributary to Deer Creek, tributary to the South Platte River. Dates of Appropriation: September 21, 2004. Uses: Domestic uses, watering of horses or other animals, turf and garden irrigation, and fire protection. Amount: 0.03 cubic foot per second, ABSOLUTE. NAME AND ADDRESS OF OWNER OF LAND UPON WHICH ANY NEW OR EXISTING DIVERSION STRUCTURES, OR MODIFICATION TO EXISTING DIVERSION STRUCTURE IS OR WILL BE CONSTRUCTED: Any new structures or modification to existing structures required by this application shall be located on property owned by the Applicants. 19CW3154 MOUNTAIN MUTUAL RESERVOIR COMPANY, 6949 Highway 73, Suite 15, Evergreen, CO 80439 (Please address all pleadings and correspondence to Applicant’s attorney: John J. Cyran, Confluence Water Law, LLC, 3570 East 12th Avenue, Suite 311, Denver, CO 80206; (303) 746-3802.) APPLICATION FOR TO ADD REPLACEMENT SUPPLIES AND FOR APPROVAL OF APPROPRIATIVE RIGHTS OF SUBSTITUTION AND EXCHANGE IN PARK AND JEFFERSON COUNTIES: Applicant, Mountain Mutual Reservoir Company (“Mountain Mutual”), by and through undersigned counsel, hereby submits this Application to Add Replacement Supplies and for Approval of Appropriative Rights of Substitution and Exchange (“Application”). In support of this Application, Mountain Mutual states as follows: Summary of Application. Mountain Mutual is a nonprofit Colorado corporation which has been created for the following principal purposes: (1) To receive and hold title to direct flow and storage water rights, reservoirs and interests therein, lands, easements, rights-of-way, and other related facilities, in trust for its shareholders; and (2) To administer water rights and operate facilities for its shareholders, in accordance with individual plans for augmentation approved by the Water Court. Accordingly, Mountain Mutual currently administers the release of augmentation water supplies in the connection with numerous individual plans for augmentation operated for the benefit of Mountain Mutual shareholders. By this Application, Mountain Mutual seeks water court authorization pursuant to C.R.S. §37- 80-120 and §37-92-302(1)(a) to add certain water rights owned by Mountain Mutual and previously decreed for augmentation use as additional sources of replacement supply for previously decreed individual plans for augmentation, thus increasing the reliability and simplifying the administration of these plans. In addition, where use of these water rights as an additional replacement source under an augmentation plan would result in the creation of a new substitution and exchange, Mountain Mutual by this Application seeks water court approval of a corresponding appropriative right for such substitution and exchange. The following claims identify the water rights to be added as additional replacement supplies and the plans for augmentation for which the water rights will be added as an additional supply, as well as the downstream terminus (or “exchange-from point”), upstream terminus (or “exchange-to point”), and amounts of each new appropriative right of substitution and exchange for which Mountain Mutual seeks approval. Claim No. 1: Application to Add Replacement Supplies – North Fork of South Platte River. A. Description of Claim. Mountain Mutual administers for the benefit of its shareholders certain plans for augmentation, specifically identified at paragraph III.B. below, that rely upon the water rights identified in paragraph III.C. below as a replacement supply for diversions of water from the North Fork of the South Platte River and its tributaries, as more fully described in the identified plans for augmentation. By this claim, Mountain Mutual seeks authorization to substitute the water rights listed in paragraph III.D. below as additional replacement supplies for the identified augmentation plans. B. Plans for Augmentation for which Named Water Rights are to be Added as Additional Replacement Supplies.

45

1980CW050 1981CW129 1981CW144 1981CW145 1983CW124

1983CW323 1985CW110 1985CW326 1987CW148 1987CW200

1988CW013 1988CW060 1988CW102 1988CW205 1989CW079

1990CW063 1991CW119 1992CW074 1992CW087 1993CW144

1994CW192 1995CW012 1995CW055 1995CW150 1995CW290

1996CW1047 1996CW1048 1996CW122 1996CW143 1996CW160

1997CW375 1998CW022

C. Water Rights Currently Used as Replacement Sources for Augmentation Plans. 1. Guiraud 3T Right. Mountain Mutual owns 3.297 cubic feet per second (“cfs”) of the water rights decreed to the Guiraud 3T Ditch water right a/k/a/ Guiraud 3T Rights (the “Guiraud 3T Right”), portions of which will be used to replace the out-of-priority depletions from the structures described herein. The Guiraud 3T Right was decreed a priority date of July 1, 1867, for 20 cfs s in the original adjudication for former Water District No. 23. The historic point of diversion for the Guiraud 3T Right was from the Middle Fork of the South Platte River in the NE1/4 of Section 8, Township 11 South, Range 76 West, 6th P.M., Park County. A decree authorizing a change of the point of diversion and place of use to the Guiraud Ditch was entered on May 15, 1954, in Civil Action No. 3376, by the Park County District Court. Past decrees have confirmed that 276.28 acres of hay meadows were historically irrigated, which have now been removed from irrigation, and that the consumptive use yield of the Guiraud 3T Right is 21.82 acre-feet per cfs. The Guiraud 3T Right owned by Mountain Mutual is either left in the stream system to offset stream depletions associated with water usage by Mountain Mutual shareholders, or the water is stored in reservoirs available to Mountain Mutual. The Decree in Case No. 96CW287 adjudicated an exchange to storage, in the Lower Sacramento Creek Reservoir No. 1, of a portion of the Guiraud 3T Right. The exchange is identified as the MOUNTAIN MUTUAL Exchange No. 1 and has a priority date of October 15, 1996. 2. LSC Reservoir Right. Mountain Mutual owns a 21.8 percent interest in the Lower Sacramento Creek Reservoir No. 1 (the “LSC Reservoir Right”). The LSC Reservoir Right is decreed for domestic, municipal, commercial, industrial, irrigation, fish and wildlife propagation, recreational and all other beneficial purposes, including exchange to compensate for depletions in the South Platte River or its tributaries. It was decreed for 40 acre-feet of storage in Case No. W-7741-74, with an appropriation date of July 25, 1974. Lower Sacramento Creek Reservoir is located in the NE1/4 NW1/4 of Section 32 and the SE1/4 SW1/4 of Section 29, Township 9 South, Range 77 West, 6th P.M., Park County, Colorado. Releases from the Reservoir are made pursuant to the decrees issued in Case Nos. 85CW250 and 85CW465. 3. Spinney Mountain Reservoir. Spinney Mountain Reservoir is located on the South Platte River, with the left abutment of the dam at a point whence the Southwest corner of Section 36, Township 12 South, Range 74 West, 6th P.M., Park County, Colorado, bears South 23o26' West a distance of 8314.3 feet. North Fork Associates/Mountain Mutual Reservoir Company have a deeded right from the City of Aurora for a firm annual delivery of 80 acre-feet from the water decreed to the Spinney Mountain Reservoir including but not limited to the following: water from Case No. W-7395, with Appropriation Date of March 26, 1973, in the amount of 86,000 acre-feet. Such waters are decreed for domestic, irrigation, municipal and all other beneficial uses. As stated in a special warranty deed dated March 23, 1987, recorded in Park County on May 29, 1987, at Book 411, Page 876, from the City of Aurora, grantor, to Seller and Reservoir Company, grantees, the supply of water which is lawfully available to the Seller and subject to this Agreement includes an undivided interest in the right of first use of a firm yield of 80 acre-feet of water per annum from "any of the water rights owned by Aurora and decreed for storage in Spinney Mountain Reservoir." D. Water Rights to be Added as Additional Replacement Supplies. 1. Nickerson Ditch Rights. Mountain Mutual owns certain water rights, the point of diversion for which is the headgate of the Nickerson Ditch (hereinafter the

46

"Nickerson Ditch Rights"), which rights Mountain Mutual proposes to use as a replacement supply as described herein. a) Nickerson Ditch No. 2. In accordance with the Decree entered in Civil Action No. 1678 of the Park County District Court, on May 22, 1913, the Nickerson Ditch No. 2 was awarded a direct flow priority of May 1, 1872, for 0.65 of a cubic foot per second for irrigation purposes. The source of water is Deer Creek, a tributary of the North Fork of the South Platte River. The headgate of the Nickerson Ditch No. 2 is located on the North bank of Deer Creek at a point whence the East quarter corner of Section 9, Township 7 South, Range 72 West, of the 6th P.M., bears North 59º 15' East, a distance of 2,320 feet, more or less. b) Parmalee Ditch No. 1. In accordance with the Decree entered in Civil Action No. 1678 of the Park County District Court, on May 22, 1913, the Parmalee Ditch No. 1 was awarded a direct flow priority of May 1, 1867, for 0.52 of a cubic foot per second for irrigation purposes. The source of water is Deer Creek, a tributary of the North Fork of the South Platte River. Pursuant to a decree entered by the District Court for Water Division 1 in Case No. W-7434, on May 5, 1980, the point of diversion for the Parmalee Ditch No. 1 was transferred to the headgate of the Nickerson Ditch No. 2. c) Carruthers Ditch No. 2. In accordance with the Decree entered in Civil Action No. 1678 of the Park County District Court, on May 22, 1913, the Carruthers Ditch No. 2 was awarded a direct flow priority of May 1, 1867, for 0.52 of a cubic foot per second for irrigation purposes. The source of water is Deer Creek, a tributary of the North Fork of the South Platte River. MOUNTAIN MUTUAL owns 0.28 of a cubic foot per second of the direct flow priority. Pursuant to a decree entered by the District Court for Water Division 1 in Case No. W-7434, on May 5, 1980, the point of diversion for the 0.28 of a cubic foot per second decreed to the Carruthers Ditch No. 2 was transferred to the headgate of the Nickerson Ditch No. 2. d) Pursuant to the Decree issued in Case No. 2000CW174, dated October 11, 2002, the historic consumptive use associated with the Nickerson Ditch Rights was quantified, and the terms and conditions under which the Nickerson Ditch Rights may be used for augmentation, replacement, exchange and storage purposes were defined and approved. Reference is made to the Decree in Case No. 2000CW174 for more detailed information. Slaght Ditch Rights. Mountain Mutual owns water rights decreed to the Slaght Ditch and the Mack Ditch No. 2 ("Slaght Ditch Rights"), portions of which will be used as a replacement supply as described herein. The Slaght Ditch Rights have a priority date of May 1, 1863 and were decreed in the original adjudication for former Water District No. 23 by the Park County District Court, on May 22, 1913, in Civil Action No. 1678. Historically, the Slaght Ditch Rights were diverted from the North Fork of the South Platte River in the SE1/4 of Section 21 and the SW1/4 of Section 22, Township 7 South, Range 73 West, 6th P.M., Park County. The terms and conditions under which the Slaght Ditch water rights are used for augmentation, replacement and storage purposes are described in the Decrees entered by the District Court for Water Division 1 in Case No. 2003CW238, dated October 26, 2006, and Case No. 2016CW3197, dated September 19, 2018 for more detailed information. Maddox Reservoir Right. The Maddox Reservoir is located in the NE1/4 SW1/4 of Section 22, Township 7 South, Range 73 West of the 6th P.M. in Park County. It was adjudicated on November 11, 1971 with an appropriation date of May 31, 1905. It is decreed for multiple purposes including irrigation, domestic, fish culture and recreation with a capacity of 54.0 acre-feet. It is filled by the Maddox Reservoir Feeder Ditch, which diverts from the North Fork of the South Platte River in the NE1/4 SW1/4 of Section 22, Township 7 South, Range 73 West of the 6th P.M. and is decreed as an alternate point of diversion for the Slaght Ditch. E. No Claim for Appropriative Right of Substitution and Exchange. The existing replacement sources identified in paragraph III.C. for the augmentation plans identified in paragraph III.B. are located on the South Platte River. The points of depletion for the augmentation plans identified in paragraph III.B. are on the North Fork of the South Platte River. The proposed substitute replacement sources described in paragraph III.D. above are located on the North Fork of the South Platte River, upstream of the points of depletion for the augmentation plans identified in paragraph III.B. Thus, use of the proposed substitute sources as additional replacement sources for the identified augmentation plans will not negatively impact any stream reaches. Accordingly, Mountain Mutual is not seeking approval of any additional appropriative rights of substitution and exchange as part of this claim. CLAIM NO. 2: APPLICATION TO ADD REPLACEMENT SUPPLIES AND FOR RIGHT OF SUBSTITUTION AND EXCHANGE – SOUTH PLATTE RIVER: A. Description of Claim. Mountain Mutual administers for the benefit of its shareholders certain plans for augmentation,

47

specifically identified at paragraph IV.B. below, that rely upon the water rights identified in paragraph IV.C. below as a replacement supply for diversions of water from the South Platte River and its tributaries, as more fully described in the identified plans for augmentation. By this claim, Mountain Mutual seeks authorization to add the water rights identified in paragraph IV.D. below as additional replacement supplies for the identified augmentation plans. B. Plans for Augmentation for which Named Water Rights are to be Added as Additional Replacement Supplies.

1985CW254 1986CW372 1993CW076 1993CW089 1994CW083

1994CW017 1994CW281 1995CW154 1996CW044 1996CW092

1996CW166 1996CW224 1996CW803 1997CW141 1998CW263

1998CW401 2000CW019 2002CW387 2012CW124 2017CW3037

C. Water Rights Currently Used as Replacement Supplies for Augmentation Plans. 1. Guiraud 3T Right, as described in paragraph III.C.1., above. 2. LSC Reservoir Right, as described in paragraph III.C.2., above. 3. Spinney Mountain Right, as described in paragraph III.C.4., above. D. Water Rights to be Added as Additional Replacement Supplies. 1. Nickerson Ditch Rights, as described in paragraph III.D.1, above. 2. Slaght Ditch Rights, as described in paragraph III.D.2., above. 3. Maddox Reservoir Right, as described in paragraph III.D.3., above. E. Claim for Appropriative Right of Substitution and Exchange. The existing replacement supplies identified in paragraph IV.C. for the augmentation plans identified in paragraph IV.B are located on the South Platte River, above the confluence of the South Platte River and the North Fork of the South Platte River. The points of depletion for the augmentation plans identified in paragraph IV.B. are located above the confluence of the South Platte River and the North Fork of the South Platte River. The proposed additional replacement supplies identified in paragraph IV.D. above are located on the North Fork of the South Platte River, which enters the South Platte downstream of the points of depletion for the augmentation plans. Thus, use of the proposed additional replacement supplies for the identified augmentation plans will impact reaches along the South Platte River. Accordingly, Mountain Mutual requests approval of the following appropriative rights of substitution and exchange as part of this claim.

Downstream Terminus Upstream Terminus Amount

Confluence of North Fork South Platte with South Platte

Confluence of Horse Creek with South Platte 0.25 cfs, conditional

Confluence of North Fork South Platte with South Platte

Confluence of Goose Creek with South Platte 0.25 cfs, conditional

Confluence of North Fork South Platte with South Platte

Confluence of Spring Creek with South Platte 0.25 cfs, conditional

Confluence of North Fork South Platte with South Platte

Confluence of Twin Creek with South Platte 0.25 cfs, conditional

Confluence of North Fork South Platte with South Platte

Confluence of Wigwam Creek with South Platte

0.25 cfs, conditional

Confluence of North Fork South Platte with South Platte

Confluence of Messenger Gulch with South Platte

0.25 cfs, conditional

Confluence of North Fork South Platte with South Platte

Confluence of Pulver Gulch with South Platte 0.25 cfs, conditional

48

Confluence of North Fork South Platte with South Platte

Confluence of Twin Creek with South Platte 0.25 cfs, conditional

Confluence of North Fork South Platte with South Platte

Confluence of Four Mile Creek with South Platte

0.25 cfs, conditional

CLAIM NO. 3: APPLICATION TO ADD REPLACEMENT SUPPLY AND FOR RIGHT OF SUBSTITUTION AND EXCHANGE – NORTH FORK OF SOUTH PLATTE RIVER: A. Description of Claim. Mountain Mutual administers for the benefit of its shareholders certain plans for augmentation, specifically identified at paragraph V.B. below, that rely upon the water right identified in paragraph V.C. below as a replacement supply for diversions of water from the North Fork of the South Platte River and its tributaries, as more fully described in the identified plans for augmentation. By this claim, Mountain Mutual seeks authorization to add the water right listed in paragraph V.D. below as an additional replacement supply for the identified augmentation plans. B. Plans for Augmentation for which Named Water Right is to be Added as Additional Replacement Supply.

2003CW026 2003CW027 2003CW092 2003CW093 2003CW147

2003CW148 2003CW203 2003CW298 2003CW300 2003CW325

2003CW388 2003CW449 2004CW334 2005CW288 2006CW051

2006CW078 2006CW079 2006CW105 2008CW240 2012CW076

2014CW3029 2014CW3030 2016CW3091 2017CW3124

C. Water Right Currently Used as Replacement Supply for Augmentation Plans. Nickerson Right, as described in paragraph III.C.1., above. D. Water Right to be Added as Additional Replacement Supply. Guiraud 3T Right, as described in paragraph III.C.1, above. E. Claim for Appropriative Right of Substitution and Exchange. The replacement supply identified in paragraph V.C. above is located on the North Fork of the South Platte River. The points of depletion for the augmentation plans identified in paragraph V.B. are located on North Fork of the South Platte River and its tributaries. The proposed additional supply is located on the South Platte River, which joints with the North Fork downstream of the depletion points for the augmentation plans. Thus, use of the additional replacement supply for the identified augmentation plans will impact certain stream reaches along the North Fork of the South Platte River. Accordingly, Mountain Mutual requests approval of the following appropriative rights of substitution and exchange as part of this claim:

Downstream Terminus Upstream Terminus Amount

Confluence of North Fork South Platte with South Platte

Confluence of Last Resort Creek with North Fork South Platte

0.25 cfs, conditional

Confluence of North Fork South Platte with South Platte

Confluence of Elk Creek with North Fork South Platte

0.25 cfs, conditional

Confluence of North Fork South Platte with South Platte

Confluence of Roland Gulch with North Fork South Platte

0.25 cfs, conditional

Confluence of North Fork South Platte with South Platte

Confluence of Kenosha Gulch with North Fork South Platte

0.25 cfs, conditional

Confluence of North Fork South Platte with South Platte

Confluence of Deer Creek (Chatfield) with North Fork South Platte

0.25 cfs, conditional

49

Confluence of North Fork South Platte with South Platte

Headgate of Nickerson Ditch Gulch with North Fork South Platte

0.25 cfs, conditional

Confluence of North Fork South Platte with South Platte

Confluence of Deer Creek (Park County) with North Fork South Platte

0.25 cfs, conditional

CLAIM NO. 4: APPLICATION TO ADD REPLACEMENT SUPPLY – NORTH FORK OF SOUTH PLATTE RIVER: A. Description of Claim. Mountain Mutual administers for the benefit of its shareholders certain plans for augmentation, specifically identified at paragraph VI.B. below, that rely upon the water right identified in paragraph VI.C. below as a replacement supply for diversions of water from the North Fork of the South Platte River and its tributaries, as more fully described in the identified plans for augmentation. By this claim, Mountain Mutual seeks authorization to add the water rights listed in paragraph VI.D. below as additional replacement supplies for the identified augmentation plans. B. Plans for Augmentation for which Named Water Rights are to be Added as Additional Replacement Supplies.

2003CW026 2003CW027 2003CW092 2003CW093 2003CW147

2003CW148 2003CW203 2003CW298 2003CW300 2003CW325

2003CW388 2003CW449 2004CW334 2005CW288 2006CW051

2006CW078 2006CW079 2006CW105 2008CW240 2012CW076

2014CW3029 2014CW3030 2016CW3091 2017CW3124

C. Water Rights Used as Replacement Supplies for Augmentation Plans. Nickerson Right, as described in paragraph III.C.1., above. D. Water Rights to be Added as Additional Replacement Sources. 1. Slaght Ditch Rights, as described in paragraph III.D.2., above. 2. Maddox Reservoir Right, as described in paragraph III.D.3., above. CLAIM NO. 5: APPLICATION TO ADD REPLACEMENT SUPPLIES – SOUTH PLATTE RIVER: A. Description of Claim. Mountain Mutual administers for the benefit of its shareholders certain plans for augmentation, specifically identified at paragraph VII.B. below, that rely upon the water rights described in paragraph VII.C. below as a replacement supply for diversions of water from the South Platte River and its tributaries, as more fully described in the identified plans for augmentation. By this claim, Mountain Mutual seeks authorization to add the waters rights listed in paragraph VII.D. below as additional replacement supplies for the identified augmentation plans. B. Plans for Augmentation for which Named Water Rights are to be Added as Additional Replacement Supplies.

2000CW192 2000CW194 2002CW242 2004CW185

2003CW301 2004CW182 2005CW057 2005CW294 2006CW056

2006CW062 2006CW231 2006CW284 2006CW286 2007CW015

2007CW031 2007CW032 2007CW147 2012CW099 2016CW3125

2016CW3127 2016CW3166 2016CW3168

C. Water Right Currently Used as Replacement Supply for Listed Augmentation Plans. Nickerson Ditch Rights, as described in paragraph III.D.1, above. D. Name of Water Rights to be Added as Additional Replacement Supplies. 1. Guiraud 3T Right, as described in paragraph III.C.1, above. 2. Slaght Ditch Rights, as described in paragraph III.D.2., above. 3. Maddox Reservoir Right, as described in paragraph III.D.3., above. E. No Claim for Appropriative Right of Substitution and Exchange. The

50

existing replacement source identified in paragraph VII.C. above is located on the North Fork of the South Platte River. The points of depletion for the augmentation plans identified in paragraph VII.B. are located on South Platte River and its tributaries. The proposed replacement supplies identified in paragraph VII.D. are located on North Fork of the South Platte River (the Slaght Ditch Rights and Maddox Reservoir Right) and on the South Platte River, upstream of the confluence of the South Platte and the North Fork of the South Platte (the Guiraud 3T Right). Thus, use of the additional replacement sources for the identified augmentation plans will not negatively impact any stream reaches. Accordingly, Mountain Mutual is not seeking approval of appropriative rights of substitution and exchange as part of this claim. CLAIM NO. 6: APPLICATION TO ADD REPLACEMENT SUPPLIES – SOUTH PLATTE RIVER: A. Description of Claim. Mountain Mutual administers for the benefit of its shareholders certain plans for augmentation, specifically identified at paragraph VIII.B. below, that rely upon the water rights described in paragraph VIII.C. below as a replacement supply for diversions of water from the South Platte River and its tributaries, as more fully described in the identified plans for augmentation. By this claim, Mountain Mutual seeks authorization to add the waters right listed in paragraph VIII.D. below as an additional replacement supplies for the identified augmentation plans. B. Plans for Augmentation for which Named Water Rights are to be Added as Additional Replacement Supplies.

2007CW062 2007CW146 2007CW200 2008CW116 2018CW3030

2018CW3076

C. Water Right Currently Used as Replacement Supplies for Listed Augmentation Plans. 1. Slaght Ditch Rights, as described in paragraph III.D.2., above. 2. Maddox Reservoir Right, as described in paragraph III.D.3., above. D. Name of Water Rights to be Added as Additional Replacement Supplies. 1. Nickerson Ditch Rights, as described in paragraph III.D.1, above. 2. Guiraud 3T Right, as described in paragraph III.C.1, above. E. No Claim for Appropriative Right of Substitution and Exchange. The existing replacement supplies identified in paragraph VIII.C. above are located on the North Fork of the South Platte River. The points of depletion for the augmentation plans identified in paragraph VIII.B. are located on South Platte River and its tributaries. The proposed additional replacement supplies identified in paragraph VIII.D are located on North Fork of the South Platte River (the Nickerson Rights) and on the South Platte River upstream of the confluence of the South Platte and the North Fork of the South Platte (the Guiraud 3T Right). Thus, use of the additional replacement supplies for the identified augmentation plans will not negatively impact any stream reaches. Accordingly, Mountain Mutual is not seeking approval of appropriative rights of substitution and exchange as part of this claim. CLAIM NO. 7: APPLICATION TO ADD REPLACEMENT SUPPLIES– TURKEY CREEK: A. Description of Claim. Mountain Mutual administers for the benefit of its shareholders certain plans for augmentation, specifically identified at paragraph IX.B. below, that rely upon the water rights described in paragraph IX.C. below as a replacement supply for diversions of water from the Turkey Creek and its tributaries, as more fully described in the identified plans for augmentation. By this claim, Mountain Mutual seeks authorization to add the waters right listed in paragraph IX.D. below as additional replacement supplies for the identified augmentation plans. B. Plans for Augmentation for which Named Water Rights are to be Added as Additional Replacement Supplies.

W-8564 1986CW021 1994CW141 1994CW276 2001CW161

C. Water Right Currently Used as Replacement Supply for Listed Augmentation Plans. Spinney Mountain Rights, as described in paragraph III.C.3., above. D. Name of Water Rights to be Added as Additional Replacement Supplies. 1. Soda Lakes Reservoirs Nos. 1 & 2. The Soda Lakes Reservoirs Nos. 1 and 2 located in Section 1, Township 5 South, Range 70 West, 6th P.M. in Jefferson County Colorado. The source of water is Bear Creek. MMRC owns 8.71 shares of the 400 shares issued and outstanding in the Soda Lakes Reservoir and Mineral Water Company (hereinafter "Soda Lakes"). The following water rights are decreed to Soda Lakes:

51

Decree Appropriation Date Amount (Acre-Feet)

Case No. 91471, Division No. 1, 1935 February 11, 1893 1,794

Case No. 91471, Division No. 1, 1935 February 11, 1893 598

The waters are decreed for domestic, irrigation and municipal uses. 2. Harriman Ditch. The Harriman Ditch diverts water from Bear Creek and Turkey Creek. The Bear Creek headgate is located on the south bank of the Creek, in Section 2, Township 5 South, Range 70 West, 6th P.M., in Jefferson County. The Turkey Creek headgate is located on the south bank of the Creek, near the SW corner of Section 6, Township 5 South, Range 69 West, 6th P.M. Jefferson County. The following water rights are decreed to the Harriman Ditch in Case No. 6832, Arapahoe County District Court, Water Division 9, February 4, 1884:

Appropriation Date Priority No.

Source Amount

April 15, 1868 21 Turkey Creek 10.75 cfs 0.2072 cfs

April 15, 1868 23 Bear Creek 7.94 cfs 0.1530 cfs

May 1, 1871 25 Bear Creek 25.54 cfs 0.4923 cfs

March 1, 1882 30 Bear Creek 12.87 cfs 0.2481 cfs

The water rights are decreed for irrigation, domestic and municipal uses. MMRC owns 7.71 shares of 400 shares issued and outstanding in the Harriman Ditch Company. 3. Warrior Ditch The Warrior Ditch also diverts water from Bear Creek and Turkey Creek. The original points of diversion of the Warrior Ditch were changed by the District Water Court in Case No. W-8344-76 on May 22, 1979 to the present location of the Harriman Ditch headgates. The following water rights are decreed to the Warrior Ditch.

Appropriation Date Priority No.

Source Amount

December 1, 1861 4 Bear Creek 12.33 cfs 0.1541 cfs

April 16, 1862 8 Turkey Creek 2.86 cfs 0.0358 cfs

October 31, 1864 14 Bear Creek 25.47 cfs 0.3184 cfs

April 1, 1865 16 Bear Creek 11.49 cfs 0.1436 cfs

The water rights were originally decreed for irrigation uses. MMRC owns 2.0 shares of 160 shares issued and outstanding in the Warrior Ditch Company. 4. Meadowview Reservoir. Meadowview Reservoir is located in the NE1/4 SW1/4 and the NW1/4 SE1/4 of Section 26, Township 5 South, Range 71 West, 6th P.M., Jefferson County, Colorado. The source is North Turkey Creek and water tributary to North Turkey Creek. The reservoir capacity is 50.8 acre-feet. Water in Meadowview Reservoir is for augmentation and replacement purposes as decreed before the District Court for Water Division 1 (“Water Court”), in Case No. 2001CW294 and in Case No. 94CW290. 5. Firm Yield of Port Folio. The firm yield of the portfolio of water rights and storage facilities owned by MMRC has been decreed by the Water Court in Case Nos. 94CW290 and 2001CW293 to be 62.8 acre feet per year. Of this amount, 23.8 acre-feet of consumptive use water is available for augmentation plans in the Turkey Creek drainage basin and 39.0 acre-feet of consumptive use water is available for augmentation plans in the Bear Creek drainage basin. This total firm yield is represented by 2,000 shares of stock in MMRC. E. No Claim for Appropriative Right of Substitution and Exchange. The existing replacement sources identified in paragraph IX.C. above are located on the South Platte River, above the Confluence of the South Platte River and Bear Creek. The points of depletion for the augmentation plans identified in paragraph IX.B. are located on Turkey Creek and its tributaries. The proposed additional replacement supplies identified in paragraph IX. D. are located

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on Turkey Creek (the Turkey Creek Rights) and on Bear Creek (the Bear Creek Rights). Thus, use of the additional replacement supplies for the identified augmentation plans will not negatively impact any stream reaches. Accordingly, Mountain Mutual is not seeking approval of appropriative rights of substitution and exchange as part of this claim. NAME AND ADDRESS OF OWNER OF LAND OTHER THAN APPLICANT UPON WHICH ANY NEW OR EXISTING DIVERSION STRUCTURES, OR MODIFICATION TO EXISTING DIVERSION STRUCTURE IS OR WILL BE CONSTRUCTED OR UPON WHICH WATER IS OR WILL BE STORED, INCLUDING ANY MODIFICATION TO EXISTING STORAGE POOL: The application will not require any new or modification to any existing diversion structures or construction or modification to any existing storage pool. 19CW3155 (2010CW134) Drake Land Farms, LLC, Drake Land Farms, LLC, Attn: Christopher Nowak, Treasurer, 2918 Raleigh St. Denver CO 80212 Serve all pleadings on: Matthew Machado and Carey S. Smith V., Lyons Gaddis Kahn Hall Jeffers Dworak & Grant, P.C., P.O. Box 978, Longmont, CO 80502-0978, (303)776-9900, APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE AND TO MAKE CONDITIONAL WATER RIGHTS ABSOLUTE IN WELD AND MORGAN COUNTIES. 1. Describe conditional water right giving the following from the previous decree: 1.1. Date of original decree, case no. and court: The original decree was entered by the District Court for Water Division No. 1 on July 5, 2013, in Case No. 10CW134 (“10CW134 Decree”). 1.2. Subsequent decrees awarding findings of diligence: Not applicable. FIRST CLAIM FOR RELIEF: DILIGENCE FOR CONDITIONAL UNDERGROUND WATER RIGHTS 2. Name of wells and permits, registrations, or denial numbers: 2.1. Well locations: 2.1.1. DLFHP-1 West Well (Permit No. 75413-F): SE1/4 of the SE1/4 Section 3, T4N, R60W of the 6th P.M., at a point 1,101 feet from the South section line and 558 from the East section line of said Section 3. 2.1.2. DLFHP-1 East Well (Permit No.75414-F): SW1/4 of the SW1/4 Section 2, T4N, R60W of the 6th P.M., at a point 1,167 feet from the South section line and 33 feet from the West section line of said Section 2. 2.1.3. A map showing the location of the wells is attached as EXHIBIT A. 2.2. Source: South Platte River alluvial aquifer. 2.3. Well Depth: Each well is approximately 53 feet deep. 2.4. Date of appropriation: For each conditional water right, April 30, 2010. 2.5. Amount of appropriation: For each conditional water right, 1,800 gpm, CONDITIONAL. 2.6. Decreed uses: Irrigation, including wildlife habitat creation and maintenance, recreation, wildlife propagation and hunting. All of these uses are for the benefit of, and will occur within the water lines of, the waterfowl habitat project (“Habitat Project”) developed by Applicant’s and Ducks Unlimited. The Habitat Area is located on a portion of 70 acres, located in portions of the NE1/4 SE1/4; the SE1/4 SE1/4 and the SW1/4 SE 1/4 of Section 3 and the SW1/4 of Section 2, T4N, R60W of the 6th PM, Morgan County, Colorado (“Habitat Area”). The Wells are not exempt from administration under the priority system, and as such the use of the Wells pursuant to this Decree shall at all times be limited by the terms and conditions of this Decree, including the plan for augmentation set forth in this Decree. Water from the Wells shall be delivered to the Habitat Area and managed by small berms that create separate cells. Water from the Wells shall not be taken from the Habitat Area or used outside of the Habitat Area. 3. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: 3.1. Each year since entry of the 10CW134 Decree, Applicant operated the subject wells and the plan for augmentation that covers the aforementioned wells used in for the Habitat Project as approved by the 10CW134 Decree (see EXHIBIT B); 3.2. Applicant observed waterfowl and hunted in the ponds created using the wells each year since the entry of the 10CW134 Decree; 3.3. Applicant incurred the following and other expenses for the Habitat Project and operation and development of the water rights: Item/vendor: Cost: Engineering for project operations and administration, including preparation of water accounting – Paragon Consulting 2013-2019: $54,252.38; Operation of Project – Boyers Bushes 2013-2017: $69,320.35; MCREA electricity charges for well pumps 2013-2019: $72,905.98; Pipeline extension & parts 2016-2017: $11,752.50; Flow meter – Canfield Drilling 2014, 2015, 2018: $10,032.01; Flow meter testing –Adaptive Resources 2015: $750.00; Flow meter test & report – Don Chapman 2017: $200.00; Operations – Steve Smith 2014: $270.00; Excavation – Colorado Buried Services 2014: $3,225.00; Assessments for Shares – Jackson Lake Res & Irr Co 2013-2019:

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$3,974.00; New Flow Meter – McCrometer 2017: $1,694.00; TOTAL: $229,030.72. SECOND CLAIM FOR RELIEF: ABSOLUTE UNDERGROUND WATER RIGHTS 4. Claim to make absolute in whole or in part: 4.1. Date water applied to beneficial use: On November 28, 2018, Applicant pumped both the DLFHP-1 West Well and the DLFHP-1 East Well at a rate of 1500 g.p.m. and seeks to make this amount absolute for each well. 4.2. Diversion records: See EXHIBIT C. 4.3. Description of place of use where water is applied to beneficial use: The water was delivered to the Habitat Area. 4.4. UTM coordinates. Established by hand held GPS. 4.4.1. DLFHP-1 West Well. Easting 578471, Northing 4465648 (Zone 13) 4.4.2. DLFHP-1 East Well. Easting 578647, Northing 4465670 (Zone 13) 5. Name and address of owner of land upon which any new diversion structure or storage structure, or modification to an existing diversion or storage structure is or will be constructed, or upon which water is or will be stored, including any modification to the existing storage pool. Applicant. 6. Applicant reserves the right to base its absolute claim on any diversions and use occurring after the filing of this Application and prior to the entry of a decree in this case. WHEREFORE, Applicant requests the Court to enter a decree finding and determining that Applicant exercised reasonable diligence in the development of the subject underground water rights, that the subject rights were perfected and made absolute in the amount of 1500 g.p.m., and that any remaining conditional portion of the subject water rights be continued in full force and effect for an additional diligence period.

19CW3156 Sheryl A. Been, 3647 Weld County Road 19, Fort Lupton, CO 80621, 303-902-9262; Steven L. Janssen, Esq., 410 Main St., Longmont, CO 80501, Telephone: 303-717-7667, stevenljanssen@cs.com. APPLICATION FOR CONDITIONAL UNDERGROUND WATER RIGHT IN WELD COUNTY. 2. Name of proposed well: Been Community #1; Permit or Registration No.: to be determined; Permit or Registration Date: pending, to be filed. 3. Legal description of well: UTM coordinates: Easting: 5093224.32; Northing: 4433700.61; Zone 13; Street Address: 3647 Weld County Road 19, Fort Lupton, CO 80621; South 1/2 of the NE 1/4, Section 16, Township 1 North, Range 67 West, 6th PM; Distance from section lines: 1900 Feet from North line and 1850 Feet from East line. 4. A. Source of water: non-tributary Laramie-Fox Hills Aquifer, Denver Basin; B. Depth of well, if completed: 850 feet. 5. A. Date of appropriation: July 31, 2019; B. How appropriation was initiated: Filing of this application; C. Date water applied to beneficial use: not applicable. 6. Does the well withdraw tributary groundwater: No. 7. Does the well withdraw nontributary groundwater: Yes; A. Name of aquifer into which the well will be drilled: Laramie Fox Hills; B. Amount claimed in gpm: Conditional 50 gpm; C. Amount claimed in acre feet annually: Conditional 5.4 acre feet; 8. Does the well operate pursuant to a decreed plan for augmentation? No. 9. List All Uses or Proposed Uses: domestic household use, irrigation of lawn and garden, indoor irrigation, hot tub, equipment and structure washing, wildlife, fire protection, commercial, municipal and storage associated with such uses. 10. Name and address of owner of the land upon which any new diversion structure is to be constructed: Sheryl A. Been, 3647 Weld County Road 19, Fort Lupton, CO 80621; 11. Remarks: Well Permit will be applied for in accordance with any decree entered in this matter. Applicant intends to waive the 600 feet well spacing requirement for any well(s) located or to be located upon the Applicant’s Property. 3 pages in Application. AMENDMENTS 17CW3178 AMENDED APPLICATION OF RIVERSIDE IRRIGATION DISTRICT AND RIVERSIDE RESERVOIR & LAND COMPANY IN WELD AND MORGAN COUNTIES. 1. Name, address, and telephone number of Applicant: Riverside Irrigation District and Riverside Reservoir & Land Company (collectively, “Riverside”). 221 East Kiowa Street, Fort Morgan, Colorado 80701, Telephone: (970) 867-6586, c/o Peter J. Ampe and Matthew A. Montgomery, Hill & Robbins, P.C., 1660 Lincoln, St., Suite 2720, Denver, Colorado 80264. 2. Purpose of application: This amended application seeks conditional water rights with 2017 priorities for three existing wells owned by Riverside (collectively, the “Riverside Wells”) for oil and gas development uses, including related incidental industrial uses. In the amended application for companion Case No. 17CW3179, Riverside seeks to modify its plan for

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augmentation decreed in Case No. 02CW86, on May 9, 2012, nunc pro tunc, August 20, 2008 (the “Riverside Augmentation Plan”), to include the Riverside Wells and make up the out-of-priority depletions from the Riverside Wells caused by the new uses sought in this case. 3. Names of the Riverside Wells: i. Riverside Reservoir Company Well No. 5686-F, SEO WDID 0108090, decreed in Case No. W-2919-48. ii. Riverside Reservoir Company Well No. 6596-F, SEO WDID 0108092, decreed in Case No. W-2919-48. iii. Riverside Reservoir Company Well No. 5907-F, SEO WDID 0108091, decreed in Case No. W-2919-48. A. Legal description of the Riverside Wells: i. Riverside Reservoir Company Well No. 5686-F is located in the SE/4 SW1/4 of Section 8, Township 4 North, Range 61 West of the 6th P.M., Weld County Colorado, at a point 350 feet North from South section line and 2100 feet East from West section line, said Section 8. ii. Riverside Reservoir Company Well No. 6596-F is located in the NW1/4 NW1/4 of Section 17, Township 4 North, Range 61 West of the 6th P.M., Weld County Colorado, at a point 533 feet South from North section line and 31 feet East from West section line, said Section 17. iii. Riverside Reservoir Company Well No. 5907-F is located in the SW1/4 SW1/4 of Section 8, Township 4 North, Range 61 West of the 6th P.M., Weld County, Colorado, at a point 296 feet North from South section line and 979 feet East from West section line, said Section 8. b. Source of water for the Riverside Wells: Groundwater tributary to the South Platte River. c. Claimed appropriation dates for new conditional water rights: November 22, 2017 (filing date of original application). d. Amounts claimed (conditional): i. Riverside Reservoir Company Well No. 5686-F: 5.56 c.f.s. (not to exceed 5.56 c.f.s. for all decreed uses for the well). ii. Riverside Reservoir Company Well No. 6596-F: 5.56 c.f.s. (not to exceed 5.56 c.f.s. for all decreed uses for the well). iii. Riverside Reservoir Company Well No. 5907-F: 5.56 c.f.s. (not to exceed 5.56 c.f.s. for all decreed uses for the well). e. Claimed uses for new conditional rights: Oil and gas development uses, including related incidental industrial uses. 4. Detailed description of proposed additional conditional uses: Riverside seeks a decree for new conditional water rights for three existing structures (the Riverside Wells) for oil and gas development uses, including related incidental industrial uses, to supply such water under an existing contract and future contracts, if any. Riverside has a contract with Bill Barrett Corporation to supply water for oil and gas development uses and is currently supply water under that contract for oil and gas development uses, including related incidental industrial uses, from other structures. All previously decreed uses will not be modified. In companion Case No. 17CW3179, Riverside has filed an amended application to modify the Riverside Augmentation Plan to include the Riverside Wells and make up the out-of-priority depletions from the uses sought in this case. The out-of-priority depletions from the Riverside Wells will be 100% consumptive and fully replaced. 5. Names and addresses of owners of land on which structures are or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. There is no change in the point of diversion and no new structures or storage facilities will be constructed. Water will be placed to beneficial use on lands identified by the lessees or purchasers of the water. 17CW3179 Amended Application of Riverside Irrigation District and Riverside Reservoir & Land Company in WELD AND MORGAN COUNTIES. 1. Name, address, and telephone number of Applicant: Riverside Irrigation District and Riverside Reservoir & Land Company (collectively, “Riverside”), 221 East Kiowa Street, Fort Morgan, Colorado 80701, Telephone: (970) 867-6586, c/o Peter J. Ampe and Matthew A. Montgomery, Hill & Robbins, P.C., 1660 Lincoln, St., Suite 2720, Denver, Colorado 80264. 2. Purpose of Application: In the amended application for companion Case No. 17CW3178, Riverside seeks conditional water rights for three existing wells owned by Riverside (collectively, the “Riverside Wells”) for oil and gas development uses, including related incidental industrial uses. This amended application seeks to modify Riverside’s plan for augmentation previously decreed in Case No. 02CW86, on May 9, 2012, nunc pro tunc, August 20, 2008 (“Riverside Augmentation Plan”) to include and make up the out-of-priority depletions from the Riverside Wells caused by the new uses sought in Case No. 17CW3178. 3. Description of Modification: In Case No. 02CW89, the Water Court for Water Division 1, decreed various conditional rights, appropriative rights of exchange, and the Riverside Augmentation Plan subject to certain terms and conditions. In this case, the Water Court also recognized the Riverside Wells (i.e., Wells 5686-F, 6596-F and 5907-F) as covered wells and provided for

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depletions from the Riverside Wells to be augmented pursuant to the terms of the Riverside Augmentation Plan. Riverside seeks to modify the Riverside Augmentation Plan to allow it to replace depletions caused by groundwater withdrawals from the Riverside Wells for oil and gas development uses, including related incidental industrial uses. Further, Riverside seeks to modify paragraph 11.5.2 of the Decree entered in Case No. 02CW89 regarding wellhead depletion factors to state that oil and gas development uses, including related incidental industrial uses, for the Riverside Wells will be 100% consumptive. Contemporaneously with this amended application, Riverside has filed an amended application in companion Case No. 17CW3178 that seeks conditional water rights for the Riverside Wells for oil and gas development uses, including related incidental industrial uses. 18CW3177 BIJOU IRRIGATION COMPANY, 15551 Highway 34, P.O. Box 972, Fort Morgan, CO 80701. Please direct all correspondence concerning this Amended Application to: Stuart B. Corbridge, Esq., Vranesh and Raisch, LLP, 5303 Spine Road, Suite 202, Boulder, CO 80301. FIRST AMENDED APPLICATION TO MAKE PORTION OF CONDITIONAL WATER RIGHT ABSOLUTE AND FOR FINDINGS OF REASONABLE DILIGENCE IN WELD AND MORGAN COUNTIES. This First Amended Application to Make Portion of Conditional Water Right Absolute and For Findings of Reasonable Diligence revises the claim described in the original application filed in this case on October 29, 2018, concerning the maximum annual diversion made under the water right decreed in Case Nos. 2004CW357, et al. during the relevant diligence period. The original application identified the year of highest annual diversions at the Bijou Canal headgate during the relevant diligence period as occurring in water year 2009 (November 1, 2008, through October 31, 2009). As described in this first amended application, the year of highest annual diversions occurred in water year 2014. The revised annual amount is included in Section 5 of this first amended application. 2. Prior Decrees: The original decree for the conditional water right described below (the “04CW357 Decree”) was entered on October 5, 2012, in Case Nos. 2004CW357, 2001CW189, 2002CW317, and 2003CW406, Water Court for Water Division No. 1 (“Case No. 04CW357”). As part of a settlement agreement with certain objectors in the above cases, Bijou combined the water rights claimed in each of the cases into one water right. 3. Names of Structures: A. Bijou Canal B. Layton Lateral C. Dailey Lateral D. No. 2 Bijou Lateral E. No. 3 Bijou Lateral F. Recharge Areas, as listed in Exhibit B of the 04CW357 Decree (“Recharge Areas”) 4. Description of Water Right: A. Legal Description of the Structures: i. Point of Diversion. The Bijou Canal is an existing ditch that diverts from the south side of the South Platte River at a point in the NE1/4 NE1/4 of Section 13, Township 4 North, Range 63 West, 6th P.M., Weld County, Colorado. ii. The Layton Lateral, Dailey Lateral, No. 2 Bijou Lateral, and No. 3 Bijou Lateral are existing lateral conveyance structures that receive water deliveries from the Bijou Canal. Descriptions of the Bijou Canal reaches and the reaches for the Layton Lateral, the Dailey Lateral, the No. 2 Bijou Lateral, and the No. 3 Bijou Lateral decreed in Case No. 04CW357 are set forth in Exhibit B and Exhibit C of the 04CW357 Decree. iii. The locations of the Recharge Areas that can receive deliveries of water under the water right decreed in the 04CW357 Decree are set forth on Exhibit B to that decree, as updated by post-decree filings in Case No. 04CW357 for Recharge Areas or Recharge Sites constructed following entry of the 04CW357 Decree. B. Source: South Platte River C. Appropriation Date and Amount: i. Date of appropriation: December 7, 2004 ii. Amount decreed: 500 cubic feet per second (“cfs”) at the Bijou Canal Headgate, conditional, up to a total annual maximum volume of 73,600 acre feet. D. Use: Bijou has entered into written agreements (“Recharge Agreements”) that provide for the construction and operation of the Recharge Areas, and which govern the allocation of the augmentation credits generated by the exercise of the 04CW357 water right. The augmentation credits are used to provide supplemental augmentation water to augment structures included in Bijou’s previously decreed company augmentation plan in Case Nos. W-2704 and W-9172-78, Water Court for Water Division No. 1, which structures are listed in Exhibit D to the 04CW357 Decree, and to replace well depletions that are caused by those wells owned by individuals who have the right to receive augmentation credits pursuant to the Recharge Agreements that are listed in Exhibit E to the 04CW357 Decree, and which are included in decreed augmentation plans or substitute water supply plans that are approved by the state engineer pursuant to C.R.S. Section 37-92-308(4) or a successor statute. The use of

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all augmentation credits generated from all diversions authorized by the 04CW357 Decree, regardless of who owns or leases such credits, shall be limited to use for replacement of depletions from the wells listed in Exhibits D and E of the 04CW357 Decree, and shall be subject to the terms and conditions of that decree. 5. Amount Claimed Absolute: Paragraph 36 of the 04CW357 Decree authorizes Bijou to use diversions made under the 04CW357 water right during the period from November 1, 2004, through the date of the application as evidence of completion of the appropriation. During the subject diligence period running from November 1, 2004, through October 31, 2018, Bijou diverted the 04CW357 water right for delivery to the Recharge Areas when the right was in priority. On June 5, 2009, Bijou diverted 394 cfs at the Bijou Canal Headgate in priority. Exhibit A to this application provides the summary page from the State Engineer’s diversion records for the Bijou Canal. Of this amount, 269 cfs was diverted under the 04CW357 water right, with a portion of that amount resulting in canal seepage during the process of delivering the water to the Recharge Areas, and the remainder being delivered to the Recharge Areas. During the subject diligence period, Bijou diverted a total of 29,779 acre-feet of the 04CW357 water right at the Bijou Canal Headgate during the water year from November 1, 2013, to October 31, 2014. The diverted water has been recharged into the alluvium of the South Platte River and has been used to replace depletions from the wells described in Exhibits D and E to the 04CW357 Decree, or will be used for that purpose in the future as the water accretes to the river. Based on these operations and beneficial use, Bijou seeks entry of a decree confirming that 269 cfs of the 500 cfs decreed for the 04CW357 water right has been made absolute for the decreed uses, and that Bijou has diverted up to 29,779 acre-feet under the water right during one water year. The remaining 231 cfs of the 04CW357 water right and the allowable volume in excess of 29,779 acre-feet as described in the 04CW357 Decree is still conditional. 6. 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: Bijou owns several irrigation, storage, and recharge water rights that are decreed for diversion through the Bijou Canal. As confirmed in paragraph 27 of the 04CW357 Decree, the recharge water right that is the subject of this application is part of an integrated system operated by Bijou. During the diligence period, Bijou made diversions under its various water rights when the rights were in priority, and has otherwise managed its irrigation, storage, and recharge operations so as to best utilize its water rights and operate its decreed plan for augmentation. Such activities included diversions at the Bijou Canal Headgate under the 04CW357 water right, and delivery of the diverted water through the Bijou Canal and the identified laterals to the Recharge Areas. In addition, the following work and expenditures are relevant to Bijou’s water delivery operations, its integrated system, and the development of the 04CW357 water right: A. During the diligence period Bijou did maintenance on the Bijou Canal and other structures within its integrated system. This work included maintenance, grading, and cleaning of the Bijou Canal and maintenance of structures along the canal. Total expenditures for this maintenance were approximately $861,000.00. B. Bijou also incurred costs during the diligence period for operation of the Bijou Canal and associated structures, including salaries and capital outlay costs. These expenditures were approximately $1,285,118.00. C. During the diligence period Bijou completed construction on a new bladder dam in the South Platte River at the location of the Bijou Canal Headgate to be used as part of its water diversion operations. Total expenditures for this project were approximately $881,913.00. D. During the diligence period Bijou also participated in other water court cases as an opposer, to protect its water rights and system operations, including the water rights and operations decreed in Case No. 04CW357. Total expenditures for these cases, including legal and engineering fees, were at least $1,000,000.00. E. Bijou also incurred other miscellaneous expenses during the diligence period related to the 04CW357 water right, including consultant fees. Total expenditures for these items were at least $10,000.00. F. During the period from the dates of filing of the applications in Case No. 04CW357 until entry of the decree in October 2012, Bijou prosecuted the applications, obtained a decree, and also incurred legal, engineering, and operating expenses related to the applications. Bijou intends to pursue the diversion and beneficial use of the remaining 231 cfs of the water right decreed in Case No. 04CW357 and the allowed volumetric amounts, and seeks a determination from the Court that it has been reasonably diligent in the development of the water right, including the remaining conditional portion, pursuant to C.R.S. § 37-92-301(4)(b). 7. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure,

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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. Bijou owns or has pre-existing rights to use the land upon which the Bijou Canal, including its headgate, the Layton Lateral, the Dailey Lateral, the No. 2 Bijou Lateral, and the No. 3 Bijou Lateral are located. B. The Recharge Areas to which the water right may be delivered are described in Exhibit B to the 04CW357 Decree, and Bijou does not propose any new Recharge Areas or modifications to the decreed Recharge Areas by this application. The current owners of the Recharge Agreements that govern the delivery of water to the Recharge Areas are as follows: i. Tom Bender; 22017 Hwy. 39, Weldona, CO 80653 ii. Bijou Creek Ranch, LLC and Little Bijou Ranch, LLC, c/o Dave Koffler; 720 S. Colorado Blvd., PH-N, Denver, CO 80246 iii. Steve Bruntz; 3506 Morgan County Road T, Wiggins, CO 80654 iv. Fort Morgan Farms, LLC, c/o Rob Graves; 5821 County Road 54E, Bellvue, CO 80512 v. Empire Dairy, c/o Norm Dinis; 1473 Morgan County Road S, Wiggins, CO 80654 vi. Geisick Brothers, c/o Bob Geisick; 20413 Morgan County Road 6, Wiggins, CO 80654 vii. Mary Ann Goedert; 15884 Morgan County Road 10, Fort Morgan, CO 80701 viii. Graff Thiel Farms, LLC, c/o Marty Thiel; 9809 N. Frontage Rd., Fort Morgan, CO 80701 ix. Groves Farms, c/o Mike Groves; 21020 Morgan County Road 6.5, Weldona, CO 80653 x. Horizon Turf, c/o Dick Rupple; 154701 Morgan County Road 11, Fort Morgan, CO 80701 xi. Brenda Langford; 42996 Hwy. 34, Orchard, CO 80649 xii. McCracken Brothers, c/o Dave McCracken; 13490 Morgan County Road T, Fort Morgan, CO 80701 xiii. Chip Morrison; 3282 S. Wadsworth, Denver, CO 80227 xiv. Todd Muck; 5768 Lower Twin Creek Rd., Castle Rock, CO 80104 xv. Neb Brothers, c/o Dean Neb; 206 High Street, Wiggins, CO 80654 xvi. Jerry Newman, c/o Justin Mook; 2975 Morgan County Road U, Wiggins, CO 80654 xvii. Silz Land Company, LLC, c/o Bob Nelson; P.O. Box 1248, Fort Morgan, CO 80701 xviii. Teague Enterprises, LLC, c/o Gary Teague; 15366 County Road O, Fort Morgan, CO 80701 xix. Sonny Weimer, c/o Mike Baessler; 20011 Morgan County Road 13, Fort Morgan, CO 80701 xx. Wiggins Farms, LLC, c/o Andy Rowell; P.O. Box 1866, Sterling, CO 80751 Bijou provides monthly accounting to the owners of the Recharge Agreements, provides other communications with these owners about the status of recharge deliveries, and holds an annual meeting to discuss the status of the water right and Bijou’s recharge operations. WHEREFORE, Bijou requests that the water right originally decreed in Case Nos. 2004CW357, 2001CW189, 2002CW317, and 2003CW406 be confirmed as absolute for the decreed uses in the amount of 269 cfs, with annual diversions of up to 29,779 acre-feet. Bijou also requests a finding of reasonable diligence and continuation for another diligence period of the remaining conditional portion of the water right in the amount of 231 cfs, and the annual volume in excess of 29,779 acre-feet as described in the 04CW357 Decree. (10 pgs., 1 Exhibit) 19CW3103 UPPER BEAR CREEK PROPERTIES, LLC. (“UBCP”), PO Box 187, Evergreen, CO, 80437. JOHN WATSON AND DEBBIE P. WRITER (“Watson”), PO Box 187, Evergreen, CO, 80437. MOUNTAIN MUTUAL RESERVOIR COMPANY (“MMRC”), 6949 Highway 73, Suite 15, Evergreen, CO, 80439. Frederick A. Fendel, III, Eric K. Trout, Petrock Fendel Poznanovic, P.C., 700 17th Street, Suite 1800, Denver, CO, 80202. First Amended Application for Water Rights, Storage Rights, and for Approval of a Plan for Augmentation in JEFFERSON AND CLEAR CREEK COUNTIES. This First Amended Application for Water Rights, Storage Rights, and for Approval of a Plan for Augmentation adds stock watering for up to two (2) horses per lot in the proposed Watson Subdivision to the claim for Approval of a Plan for Augmentation described in the original application filed in this case on May 31, 2019. Upper Bear Creek Properties, John Watson, Debbie P. Writer, and Mountain Mutual Reservoir Company claims that this first amendment relates back to the original application. 1. Summary of Application: The Watson/UBCP property straddles the county line between Jefferson and Clear Creek counties along Bear Creek, known as 158 Upper Bear Creek Road, Clear Creek County, and 160 Upper Bear Creek Road, Jefferson County (the “Property”). Three on-stream ponds, the “Watson Pond” the “East Pond” and “West Pond” (collectively the “3 Ponds”), are located on the Property. A 10-lot subdivision is proposed for 100 acres, being a portion of the land (the “Subdivision”) in Jefferson County. This application seeks confirmation of storage rights for the 3 Ponds, an exchange right into the 3 Ponds, and an augmentation plan. The augmentation plan will replace depletions from the proposed subdivision and

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evaporation from the 3 Ponds. The source of augmentation water is 19.6 shares of stock in Mountain Mutual Reservoir Company, representing 0.6154 acre-feet per year from MMRC’s interest in the water rights of the Soda Lakes Reservoir and Mineral Water Company, Harriman Ditch Company, and Warrior Ditch previously changed in Case No. 01CW293 and other water supplies to be acquired and added in the future. 2. Application For Water Rights. Watson Pond: Location: NE1/4 NW1/4, Section 12, Township 5 South, Range 72 West of the 6th P.M., Clear Creek County; Amount: Approximately 2.6 acre feet; Surface Area: This pond has a maximum surface area of approximately 0.52 acres. Use: Irrigation, fire prevention, stock and wildlife watering, piscatorial, recreation, maintenance and preservation of wildlife, piscatorial and aesthetic values, augmentation and replacement of evaporation, lake level maintenance. Priority Date: May 31, 2019; Source: Bear Creek. East Pond: Location: NE1/4 NW1/4, Section 12, Township 5 South, Range 72 West of the 6th P.M., Clear Creek County; Point of Diversion: Bear Creek at a point in the NE1/4 NW/4, Section 12, Township 5 South, Range 72 West of the 6th P.M., Clear Creek County, whence the north quarter corner of said section bears north 33º 44’ east 357 feet. Amount: Approximately 0.2 acre feet; Surface Area: This pond has a maximum surface area of approximately 0.06 acres. Use: Fire prevention, stock and wildlife watering, piscatorial, recreation, maintenance and preservation of wildlife and aesthetic values, augmentation and replacement of evaporation, lake level maintenance. Priority Date: May 31, 2019; Source: Ira Gulch, a tributary of Bear Creek, and Bear Creek; Prior decree: The East Pond pumped diversion from Bear Creek was decreed for direct flow irrigation and domestic uses as the Steele Pipe Line, Tank, and Pumping Plant System in CA 91471. West Pond: Location: SW1/4 NW1/4, Section 12, Township 5 South, Range 72 West of the 6th P.M., Clear Creek County; Amount: Approximately 0.9 acre feet; Surface Area: This pond has a maximum surface area of approximately 0.18 acres; Use: Fire prevention, stock and wildlife watering, piscatorial, recreation, maintenance and preservation of wildlife and aesthetic values, augmentation and replacement of evaporation, lake level maintenance; Priority Date: May 31, 2019; Source: Winter Gulch, a tributary of Bear Creek. 3. Application For Plan For Augmentation: Augmented Structures: The Watson Subdivision Wells 1 – 10 and the 3 Ponds. Source of Augmentation: The storage rights claimed herein. UBCP also owns 19.6 Shares of stock in the Mountain Mutual Reservoir Company, representing a pro rata interest in the following water rights: Harriman Ditch. 7.71 shares of the 400 shares of capital stock (1.93%), issued and outstanding in the Harriman Ditch Company. The Harriman Ditch Company owns the following direct flow water rights decreed in Civil Action No. 6832, on February 4, 1884: The Bear Creek headgate of the Harriman Ditch is located on the South bank of Bear Creek in the NE 1/4 NE 1/4, Section 2, Township 5 South, Range 70 West, 6th P.M., Jefferson County, Colorado. The Turkey Creek headgate of the Harriman Ditch is located on the South bank of Turkey Creek near the Southwest corner of Section 6, Township 5 South, Range 69 West, 6th P.M., Jefferson County. The ditch was originally decreed for irrigation, domestic and municipal purposes. Warrior Ditch. 2.0 shares of the 160 shares of capital stock (1.25%), issued and outstanding in the Warrior Ditch Company. The Warrior Ditch Company owns the following direct flow water rights decreed in Civil Action No. 6832 on February 4, 1884: The headgates of the Warrior Ditch are the same as those of the Harriman Ditch. The Ditch was originally decreed for irrigation purposes. Soda Lakes Reservoir Nos. 1 and 2. 8.71 shares of the 400 shares of capital stock (2.18%), issued and outstanding in the Soda Lakes Reservoir and Mineral Water Company. The Soda Lakes Reservoir and Mineral Water Company owns the following storage water rights decreed in Civil Action No. 91471 on September 24, 1935, to the Soda Lake Reservoir Nos. 1 and 2: 1,794 acre feet for irrigation purposes, and 598 acre feet for storage for supplying the City of Denver with water for municipal purposes, including the watering of lawns and gardens. Date of appropriation: February 11, 1893, and a refill right decreed in Case No. 00CW228, District Court, Water Division 1. The Soda Lakes Reservoirs are located in Section 1, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The reservoirs are filled through the Harriman Ditch. Applicants will propose conditions allowing addition of other augmentation sources pursuant to CRS §37-92-305(8)(c) without further published notice. Statement of Plan for Augmentation: The plan is intended to serve the Watson Subdivision, and to the extent additional or unused augmentation water allows, to maintain the 3 Ponds at full level. Out-of-priority evaporation from the 3 Ponds will be calculated and replaced by releases of the MMRC water or water stored under the above

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water rights when conditions allow. Net evaporation from the 3 Ponds has been estimated using the National Oceanic and Atmospheric Administration (NOAA) Technical Report NWS 33 Evaporation Atlas for the Contiguous 48 United States, to be less than 2 AF annually, with the typical period of ice cover being from December 1st through March 15th. Individual wells and the augmentation plan will supply up to ten homes proposed for the Watson Subdivision with water for household use, stock water for up to two (2) horses, and no irrigation, on each lot. Each home will have an individual onsite wastewater septic disposal system. Consumptive use is estimated to be 10% or less, approximately 0.05 af/yr per home. Replacement will be made from the MMRC rights described above. When the call is from a water right located below the Property but upstream of the Harriman Ditch, MMRC water will be trucked to a release point upstream of the calling right or released from the three ponds described above. Watson Pond was constructed as an onstream reservoir. Subsequent improvements, both planned and in response to flood damage, allow the flow of Bear Creek to be bypassed around the pond. The 3 Ponds (a) are capable of being administered when no augmentation is available, (b) are onstream reservoirs, required to replace net evaporation pursuant to CRS §37-84-117(5), and (c) existed prior to September 13, 1994, and is therefore a present use of water pursuant to appropriations or practices in existence on the date of the instream flow appropriations on Bear Creek at and downstream of the pond. Evaporation from the 3 Ponds will be replaced using the MMRC water or additional water supplies when conditions allow. Applicants will store in the ponds on the property under the water rights claimed in this application and may exchange MMRC water into one or more of the ponds pursuant to the exchange claimed below. When the call is from a water right located below the Property but upstream of the Harriman Ditch, releases of stored or exchanged water may be made from the Watson Pond, the East Pond, and/or the West Pond to replace evaporation, or MMRC water may be trucked to a release point upstream of the calling right, and/or storage will be curtailed to prevent out-of-priority diversions. With present supplies, evaporation from the 3 Ponds are greater than the volume of augmentation water reliably available. Until sufficient additional augmentation water is added pursuant to paragraph 7.4, the plan will likely replace only a portion of annual evaporation. The 3 Ponds will be administered in priority when no augmentation is available. Points of diversion (exchange-to): Watson Pond, described in Paragraph 3; East Pond and the Steele Pipeline point of diversion, described in Paragraph 4; West Pond, described in Paragraph 5. Points of release of substitute supply (exchange-from): Harriman Ditch; Soda Lakes outlet to Harriman Ditch; Confluence of Bear Creek and Turkey Creek (Bear Creek Reservoir); Rate: 0.10 cfs; Uses: Irrigation, fire prevention, stock and wildlife watering, piscatorial, recreation, maintenance and preservation of wildlife, piscatorial and aesthetic values, augmentation and replacement of evaporation, lake level maintenance. Priority date: May 31, 2019. Owners of land on which structures are located: Watson Pond, East Pond and West Pond are located on land owned by: John Watson and Debbie P. Writer, 158 Upper Bear Creek Rd., Evergreen, CO 80439. The Watson Subdivision is located on land owned by UBCP. The Harriman Ditch is located on land owned by: Harriman Ditch Company, c/o Jerry Foster, 1600 W. 12th Ave., Denver, CO 80204. The Soda Lakes Reservoirs No. 1 and 2 are on land owned by: Soda Lakes Reservoir and Mineral Water Co., c/o Jerry Foster, 1600 W. 12th Ave, Denver, CO 80204. A map of the 3 Ponds and Watson Subdivision are filed with this application as Exhibit A and Exhibit B, respectively. WHEREFORE, Applicants pray that their water rights and exchange right be confirmed, their plan for augmentation be approved, and for such other further relief as is justified by the evidence. 8 Pages. RIGHTS CLAIMED OR HERETOFORE ADJUDICATED THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED.

YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of

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SEPTEMBER 2019 (forms available on www.courts.state.co.us or in the Clerk’s office) and must be filed as an Original and include $192.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.