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

19CW19 KEVIN McCARTY, 2275 Alpine Sky Dr., Berthoud, CO 80513. 970-581-1953. APPLICATION FOR FINDING OF REASONBABLE DILIGENCE IN WELD COUNTY. Date of original decree: 05-24-96 in case 95CW251, WD1; Subsequent decree: 06-24-13 in case 11CW5, WD1. McCarty Pond located SE1/4 SE1/4, S21, T4N, R68W of the 6th PM. Source: Unnamed Tributary to Little Thompson River; Appropriation date: 12-5-95; Amount: 8 af; Use: Irrigation, fishing, stock. 19CW20 PHILBROOK AND BARBARA COLLINS, 503 Shreveport St., Avinger, TX 75630. 903-808-0947. APPLICATION FOR CHANGE OF WATER RIGHT IN PARK COUNTY. Applicant’s decree states that the well may only operate pursuant the Indian Mountain water augmentation plan decreed in W-7389. Applicant seeks to change this provision to indicate that the well may operate pursuant to a water augmentation plan approved by the Colo. Div. of Water Resources and applicable to subject well. The subject well is now enrolled in the HASP plan, 02CW389 and 12CW50. 19CW3106 Application Rejected. 19CW3107 COMPLAINT FOR INJUNCTIVE RELIEF, CIVIL PENALTIES AND COSTS. Plaintiffs: THE PEOPLE OF THE STATE OF COLORADO, ex rel. KEVIN REIN, State Engineer, and COREY DEANGELIS, Division Engineer for Water Division 1, attorneys Christopher Stork and Ema Schultz, 1300 Broadway, 7th Floor, Denver, CO 80203. v. Defendants: STEVE FOOS, an individual, and LISA FOOS, an individual, 23435 WCR 61, Kersey, CO 80644. 19CW3108 City of Northglenn 11701 Community Center Drive Northglenn, CO 80233 Attn: Tamara Moon(303) 450-4070. Please send all future correspondence and pleadings to Donald E. Frick, Esq. and Whitney Phillips, Esq., Fischer, Brown Bartlett & Gunn, P.C., 1319 E. Prospect Road, Fort Collins, CO 80525. APPLICATION FOR CONDITIONAL APPROPRIATAIVE RIGHTS OF EXCHANGE IN ADAMS, BROOMFIELD, CLEAR CREEK, JEFFERSON AND WELD COUNTIES. 2. Overview of Application. Applicant the City of Northglenn (“Northglenn” or “Applicant”) seeks conditional appropriative rights of exchange on Big Dry Creek from the South Platte River to Standley Lake. 3. Description of Appropriative Rights of Exchange. Applicant seeks adjudication of the following appropriative rights of exchange. 3.1. Exchange-To Point. 3.1.1. All exchanges will operate on natural inflow to Standley Lake and its feeder canals, including, but not limited to, precipitation, Woman Creek, and other tributaries accruing to Standley Lake located in parts of Sections 16, 17, 20, 21, 22, 28, and 29, Township 2 South, Range 69 West, 6th P.M.. 3.2. Exchange-From Points. 3.2.1. Confluence of Big Dry Creek and the South Platte River, located in the NW1/4 of the NW1/4 of Section 7, Township 1 North, Range 66 West, 6th P.M .3.2.2. Bull Canal Reservoir No. 8 Outlet, which releases water to Big Dry Creek from Bull Canal Reservoir No. 8 in the NE1/4 NE1/4 of Section 31, T1N, R67W, 6th P.M. 3.2.3.Northglenn’s Wastewater Treatment Facility, which releases water to Big Dry Creek from Northglenn’s Wastewater Treatment Facility in the SW1/4 SE1/4 of Section 31, T1N, R67W, 6th P.M. 3.2.4. New Brantner Augmentation Station, which releases water to Big Dry Creek in the NE1/4 NE1/4, Section 28, T1N, R67W, 6th P.M. 3.2.5. Lupton Bottom Augmentation Station, which releases water to Big Dry Creek in the SE1/4 NW1/4, Section 31, T2N, R66W, 6th P.M. 3.3. Sources of Substitute Water Supply. Northglenn will utilize the following sources of substitute supply: 3.3.1.

Farmers Reservoir and Irrigation Company – Standley Lake Division 3.3.1.1. 220.729 Shares, decreed in Northglenn’s 1983 Water Management Plan Decree (Consolidated Case Nos. W-8445-76, 79CW233, 79CW234, 79CW235, 79CW236, 82CW056, and 82CW057). 3.3.1.2. 615.151 Shares, subject of the pending application in Water Division 1 Case No. 18CW3007. 3.3.1.3. Additional FRICO-Standley shares which Northglenn has acquired or has taken the first step toward acquiring as of the date of this Application. 3.3.2. Church Ditch. (a/k/a the Golden City and Ralston Creek Ditch) 3.3.2.1. 415.295 Inches in the Church Ditch, decreed in the 1983 Water Management Plan Decree.3.3.2.2. 906.01758 Inches in the Church Ditch, decreed in Water Division 1 Case No. 08CW141. 3.3.2.3. Additional Church Ditch inches which Northglenn has acquired or has taken the first step toward acquiring as of the date of this Application.3.3.3. South Platte Shares (Decreed in the 1983 Water Management Plan Decree 3.3.3.1. 143 shares in the Fulton Ditch Company 3.3.3.2. 3 shares in the New Brantner Extension Ditch Company, 3.3.3.3. 7 shares in the Lupton Bottom Ditch Company, 3.3.4. Westminster Contract Water. Northglenn has the right to use 370 acre-feet annually of fully consumable water from Westminster’s Big Dry Creek wastewater treatment plant. 3.3.5. Water decreed to Northglenn for storage in Standley Lake in Case No. 97CW369. 3.3.6. Water decreed to Northglenn for storage in Bull Canal Reservoir in Case No. 96CW1035. 3.4. Rate. 100 cfs, CONDITIONAL. 3.5. Date of Appropriation. On or before May 30, 2019. 4. Owners (other than Applicant) of land on which new or modified structures are or will be constructed: 4.1. Farmers Reservoir and Irrigation Company, 80 South 27th Avenue, Brighton, CO 80601. 4 pages. 19CW3109 (11CW243)(89CW125) FLORENCE MARIE RAMSTETTER AND KAROL LUE RAMSTETTER, 929 Main St, Grand Junction, CO 81501, (Thomas W. Korver, No. 36924, Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, CO 80202, Phone: (303) 825-1980. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN JEFFERSON COUNTY. Name of structures: A. Hank’s Tank. Type: Reservoir. B. Ranch Tank. Type: Reservoir. C. Log Road Tank. Type: Reservoir. D. Guy’s Tank. Type: Reservoir. Description of conditional water rights: A. Original decree: November 17, 1995, Case No. 89CW125. Subsequent decrees confirming the exercise of reasonable diligence were entered by the Water Court in Case No. 01CW151 on November 1, 2005, and in Case No. 11CW243 on June 3, 2013. B. Location: All structures are located in Section 16, Township 3 South, Range 71 West, 6th P.M., Jefferson County, as follows: i. Hank's Tank: located in the NW1/4 NE1/4 of Section 16, whence the N 1/4 corner Section 16 bears N 10°21'38" E, 315.48 feet. ii. Ranch Tank: located in the SW1/4 NE1/4 of Section 16, whence the N 1/4 corner section 16 bears N 04°28'30" E, 1901.54 feet. iii. Log Road Tank: located in the NE1/4 NW1/4 of Section 16, whence the N 1/4 corner Section 16 bears N 48°50'15" E, 1214.08 feet. iv. Guy's Tank: located in the SW1/4 SE1/4 of Section 16, whence the S 1/4 corner Section 16 bears S 41°47'50" W, 494.67 feet. C. Source: The source for all water rights described herein is surface runoff and unnamed tributary to Guy Gulch tributary to Clear Creek. D. Appropriation date: i. Hank's Tank: May 1, 1948. ii. Ranch Tank: May 29, 1967. iii. Log Road Tank: May 1, 1923. iv. Guy's Tank: May 1, 1923. E. Amount and Uses: i. Hank's Tank: 0.91 acre feet. Said 0.91 acre feet is decreed absolute for irrigation of 12 acres, domestic, fire protection and livestock, and decreed conditional for augmentation. ii. Ranch Tank: 1.05 acre feet. Said 1.05 acre feet is decreed absolute for livestock and decreed conditional for augmentation. iii. Log Road Tank: 0.9 acre feet. 0.3 acre feet decreed absolute for livestock and fire protection and conditional for irrigation; remaining 0.6 acre feet decreed conditional for livestock, fire protection and irrigation. iv. Guy's Tank: 1.0 acre feet. Said 1.0 acre feet is decreed absolute for livestock and fire protection, and decreed conditional for domestic and irrigation of 1 acre. Detailed outline of work done to apply water to beneficial use. The application contains a detailed outline of specific activities that demonstrate diligence toward the application of water to the decreed beneficial use. This list is available for inspection at the office of the Division 1 Water Court or via Colorado Courts E-filing. The work performed and actions taken by Applicants during the diligence period demonstrate that Applicants fully intend to develop and

utilize the subject conditional water rights to the full decreed amounts, and Applicants have demonstrated that the subject conditional water rights can and will be diverted, stored, or otherwise captured, possessed, and controlled, and will be beneficially used, and that the project can and will be completed with diligence in a reasonable time. Names, and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicants. WHEREFORE, the Applicants respectfully request that this Court enter findings of fact, conclusions of law, and a judgment and decree: (1) finding that the Applicants have been reasonably diligent in the development and use of the conditional water rights described in paragraph 3 above for all remaining uses not made absolute; (2) continuing in full force and effect the remaining conditional water rights adjudicated in Case No. 89CW125; and (3) for such other and further relief as this Court deems just and proper. 19CW3110 Paul and Lynn Bade, 1465 Apex Road, 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. 5 acres being Lot 25, Russellville Filing 2, located in the NE1/4 of Section 20, T8S, R65W of the 6th P.M., Douglas County, as shown on Attachment A hereto ("Subject Property"). Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Upper Dawson: 1.8 acre-feet, Lower Dawson: 1.1 acre-feet, Denver: 1.5 acre-feet, Arapahoe: 2.2 acre-feet, Laramie-Fox Hills: 1.6 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: 1.2 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 for in-house use in two residences (0.35 acre-feet per residence and 0.7 acre-feet total), irrigation of 7500 square-feet of lawn, garden, and trees (0.45 acre-feet), and stockwatering of up to 4 large domestic animals (0.05 acre-feet), through existing well Permit No. 61838. 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 Cherry Creek stream system. Return flows accrue to the South Platte River 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. (5 pages). 19CW3111 (01CW281), Asphalt Paving Company, Jeffery W. Keller, President, M.L. Richardson, 14802 West 44th Avenue, Golden, CO 80403, (303) 996-7222, mlrichardson@apc.us.com. APPLICATION FOR FINDING OF REASONABLE DILIGENCE in WELD AND ADAMS COUNTIES. Copies of pleadings to: David S. Hayes, Raymond L. Petros, Jr., Petros & White, LLC,

1999 Broadway, Suite 3200, Denver, Colorado 80202, (303) 825-1980, dhayes@petros-white.com, 2. Name of structure: Wattenberg West Reservoir (“Reservoir”). 3. Description of conditional water right: A. Prior decree: A decree adjudicating the Wattenberg West Reservoir was entered on June 10, 2013, in Case No. 01CW281, District Court, Water Division No. 1, Colorado. B. Legal description: A map of the proposed Reservoir site is attached hereto as Exhibit A. 1. Location of Reservoir: S1/2 of NW1/4 of Section 25, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado. 2. Location of Points of Diversion: i. Brighton Ditch Headgate: The Brighton Ditch headgate is located on the west bank of the South Platte River in the SE1/4 of the SE1/4 of the SE1/4, Section 11, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. ii. Wattenburg Pipeline: On the west bank of the South Platte River in the NE1/4, Section 1, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. Applicant shall only utilize the Wattenberg Pipeline to deliver water to the Reservoir if the pipeline is constructed to divert surface water only and no groundwater can be diverted into the pipeline by means of wells, streambed galleries or other groundwater collection or diversion methods. C. Source: South Platte River. D. Appropriation date: October 14, 2000. E. Amount: 1,850 acre-feet, conditional, at the following rates: 1. From the Brighton Ditch: 60 c.f.s. 2. Wattenburg Pipeline: 300 c.f.s. F. Uses: 1. Augmentation, including replacement of evaporation from gravel pits owned or operated by Applicant; irrigation, as described below; industrial use in gravel mining operations owned or operated by Applicant; on-site recreation, fish propagation, and wildlife habitat; dust suppression; and replacement and exchange for the above-referenced uses. Lands to be irrigated are described as follows: 55 acres located in the N1/2 NW1/4 of Section 25, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado; and 45 acres located in the S1/2 of the NW1/4 of Section 25, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. 2. The decree entered in Case No. 01CW281 did not include terms and conditions for the use of the storage water right for augmentation, replacement, or exchange purposes. Applicant’s use of this storage water right for augmentation, replacement, and exchange purposes shall occur only pursuant to Applicant’s separate augmentation and/or exchange plan decreed by the Water Court, or substitute water supply plans approved by the State Engineer pursuant to C.R.S. §37-92-308, or successor statutes. 4. Detailed outline of work done to complete project and apply water to beneficial use: The Wattenburg West Reservoir will be developed as part of the reclamation plan for Applicant’s Wattenburg West Sand & Gravel Mine project (“Mine”). Market conditions during the applicable Diligence Period (June 2013 to the present) have delayed temporarily Applicant’s development of the Mine. Nevertheless, Applicant has taken steps to implement the Mine project and to diligently develop the conditional water right for the Reservoir, including, without limitation, the activities listed below. This list is not intended to be all inclusive and may be supplemented by additional evidence at any hearing in this matter. A. Prior to the Diligence Period, Applicant secured a carriage right to deliver water via the Brighton Ditch to the Reservoir. During the Diligence Period Applicant has made annual payments to the Brighton Ditch Company to maintain the carriage right. B. Applicant has maintained the DRMS permit for the Wattenburg West Sand & Gravel Mine (M2005-066), including annual payments for reclamation bonding. C. Applicant has maintained monitoring wells as the Mine site and taken monthly readings to track groundwater elevations at the site. D. The Mine and Reservoir site has been actively managed by Applicant in anticipation of eventual mining and construction of the Reservoir, including, but not limited to installation of perimeter fencing and irrigation of lands at the site. E. Applicant owns a share in the Brighton Ditch Company and has paid annual assessments; such share could ultimately be used as a supplemental source of supply for the Reservoir. F. The conditional Reservoir water right includes use for augmentation (subject to separate approvals) and industrial purposes at gravel mining operations owned by Applicant. During the Diligence Period, Applicant has conducted industrial and mining operations, including reclamation, at other sites it owns, which sites could utilize, in part, water available from storage in the Reservoir in the future. 5. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage

structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: A. Wattenburg West Reservoir will be located on land owned by Applicant. B. The Brighton Ditch is owned by the Brighton Ditch Company, P.O. Box 185, Fort Lupton, CO 80621. C. The point of diversion of the Wattenburg Pipeline is located on land owned by the City of Thornton, 9500 Civic Drive, Thornton, CO 80229. WHEREFORE, Applicant respectfully requests that the Court enter a decree finding reasonable diligence for and continuing in full force and effect the subject conditional water right for the Wattenberg West Reservoir, described in Paragraph 3 above. 5 pages. 19CW3112 (Div 1), (case 19CW3037-Div 2) Application for Adjudication of Denver Basin Groundwater and for Approval of Plan for Augmentation of Scott E. Schnake, Joleen E. Schnake, and Kevin Chalfant, in EL PASO COUNTY. I. Name and Address of Applicant: Scott E. Schnake, Joleen E. Schnake, and Kevin Chalfant, 1165 Garlock Ln, Colorado Springs, CO 80918. (“Applicant”), Name and Address of Attorneys: Ryan W. Farr, #39394, Emilie B. Polley, #51296, MONSON, CUMMINS & SHOHET, LLC, 13511 Northgate Estates Dr., Ste. 250, Colorado Springs, Colorado 80921, (719) 471-1212, E-mail: rwf@cowaterlaw.com; ebp@cowaterlaw.com. II. Summary of Application. The Applicant seeks to construct two non-exempt wells to the not-nontributary Dawson aquifer to provide water service to two lots. Applicant therefore seeks to quantify the Denver Basin groundwater underlying the Applicant’s Property, and approval of a plan for augmentation for the use thereof. III. Application for Underground Water Rights. A. Legal Description of Wells. 1. Property Description. All wells will be located on the Applicant’s two properties totaling approximately 16.3 acres (“Applicant’s Property”). Applicant’s Property is located in the NE1/4 of the NW1/4, the NW1/4 of the NE1/4, and the SW1/4 of the NE1/4 of Section 3, Township 11 South, Range 67 West of the 6th P.M. and known as 20255 and 20285 Indi Drive, Monument Colorado 80132. The location of Applicant’s Property is depicted on the attached Exhibit A map. 2. Proposed Wells. The Applicant proposes that two wells (one well per lot) will be located on the Applicant’s Property at specific locations not yet determined (“Schnake Wells Nos. 1 and 2”), to be constructed to the Dawson aquifer. B. Water Source. 1. Not-Nontributary. The ground water to be withdrawn from the Dawson aquifer underlying the Applicant’s Property is not-nontributary. Pursuant to C.R.S. §37-90-137(9)(c.5), the augmentation requirements for wells in the Dawson aquifer will require the replacement of actual stream depletions. 2. Nontributary. The groundwater that will be withdrawn from the Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Applicant’s Property is nontributary. C. Estimated Rates of Withdrawal and Ground Water Available. 1. Estimated Rates of Withdrawal. Pumping from the wells will not exceed 100 g.p.m. The actual pumping rates for each well will vary according to aquifer conditions and well production capabilities. The Applicant requests the right to withdraw ground water at rates of flow necessary to withdraw the entire decreed amounts. The actual depth of each well to be constructed within the respective aquifers will be determined by topography and actual aquifer conditions. 2. Estimated Average Annual Amounts of Ground Water Available. Applicant requests a vested right for the withdrawal of all legally available ground water in the Denver Basin aquifers underlying the Applicant’s Property. Said amounts may be withdrawn over the 100-year life requirement pursuant to C.R.S. §37-90-137(4). Applicant estimates that the following values and average annual amounts are representative of the Denver Basin aquifers underlying Applicant’s Property: Table 1 - 20255 Indi Drive, containing 8 acres AQUIFER NET SAND

(Feet) Avg Specific Yield

Total Appropriation (Acre Feet)

Annual Avg Withdrawal 100 Years (Acre Feet)

Dawson (NNT)

470.70 20% 753.12 7.53

Denver (NT) 440.60 17% 599.22 5.99

Arapahoe (NT)

406.70 17% 553.11 5.53

Laramie Fox Hills (NT)

188.60 15% 226.32 2.26

Table 2 – 20285 Indi Drive, containing 8.29 acres AQUIFER NET SAND

(Feet) Avg Specific Yield

Total Appropriation (Acre Feet)

Annual Avg Withdrawal 100 Years (Acre Feet)

Dawson (NNT)

471.20 20% 781.25 7.81

Denver (NT) 451.40 17% 636.16 6.36

Arapahoe (NT)

408.10 17% 575.14 5.75

Laramie Fox Hills (NT)

188.90 15% 234.90 2.35

Decreed amounts may vary from the above to conform with the State’s Determination of Facts. Pursuant to C.R.S. §37-92-305(11), the Applicant further requests that the Court retain jurisdiction to finally determine the amount of water available for appropriation and withdrawal from each aquifer. D. Requested Uses. The Applicant requests the right to use the groundwater for beneficial uses upon the Applicant’s Property consisting of domestic, irrigation of lawn and garden, greenhouse and hoophouse, stock watering, hot tub, equipment and structure washing, wildlife, fire protection, and also for storage and augmentation purposes associated with such uses. The Applicant also requests that the nontributary water may be used, reused, and successively used to extinction, both on and off the Applicant’s Property subject, however, to the requirement of C.R.S. §37-90-137(9)(b), that no more than 98% of the amount withdrawn annually shall be consumed. Applicant may use such water by immediate application or by storage and subsequent application to the beneficial uses and purposes stated herein. Provided, however, Applicant shall only be entitled to construct wells or use water from the not-nontributary Dawson aquifer pursuant to a decreed augmentation plan entered by this Court, covering the out-of-priority stream depletions caused by the use of such not-nontributary aquifers in accordance with C.R.S. §37-90-137(9)(c.5). E. Well Fields. The Applicant requests that they be permitted to produce the full legal entitlement from the Denver Basin aquifers underlying Applicant’s Property through any combination of wells. Applicant requests that these wells be treated as a well field. F. Averaging of Withdrawals. The Applicant requests that they be entitled to withdraw an amount of ground water in excess of the average annual amount decreed to the aquifers beneath the Applicant’s Property, so long as the sum of the total withdrawals from all the wells in the aquifers does not exceed the product of the number of years since the date of issuance of the original well permit or the date of entry of a decree herein, whichever comes first, multiplied by the average annual volume of water which the Applicant is entitled to withdraw from the aquifers underlying the Applicant’s Property. G. Owner of Land Upon Which Wells are to Be Located. The land and underlying groundwater upon which the wells are and will be located is owned by the Applicant. IV. APPLICATION FOR PLAN FOR AUGMENTATION. A. Structures to be Augmented. The structures to be augmented are the Schnake Wells Nos. 1 and 2, along with any replacement or additional wells associated therewith, as likewise may be constructed to the Dawson aquifer of the Denver Basin underlying the Applicant’s Property as requested and described herein. B.

Water Rights to be Used for Augmentation. The water rights to be used for augmentation during pumping are the return flows resulting from the pumping of the not-nontributary Dawson aquifer from Schnake Wells Nos. 1 and 2, together with water rights from the nontributary Laramie-Fox Hills aquifer for any injurious post pumping depletions. C. Statement of Plan for Augmentation. The Applicant wishes to provide for the augmentation of stream depletions caused by pumping of the not-nontributary Dawson aquifer by two wells proposed herein, and any replacement or additional wells, for two lots. Potential water use criteria and their consumptive use component for replacement of actual depletions for the lots are estimated as follows: 1. Uses. The wells will pump a maximum of 2.0 acre feet of water per year from the Dawson aquifer for up to 100 years. Such use shall be a combination of domestic household use, irrigation of lawn and garden, greenhouse and hoophouse irrigation, stock watering, hot tub, equipment and structure washing, wildlife, fire protection, and also for storage and augmentation purposes associated with such uses. 2. Depletions. Applicant’s consultant has determined that maximum stream depletions over the 100 year pumping period for the Dawson aquifer amounts to approximately 6.88% of pumping. Maximum annual depletions for total pumping from all wells are therefore 0.138 acre feet in year 100. Should Applicant’s pumping be less than the 2.0 acre feet total, 1.0 acre feet per lot, per year described herein, resulting depletions and required replacements will be correspondingly reduced. 3. Augmentation of Depletions During Pumping. Pursuant to C.R.S. §37-90-137(9)(c.5), Applicant is required to replace actual stream depletions attributable to pumping of the two residential wells. Applicant’s consultant has determined that depletions during pumping will be effectively replaced by residential return flows from non-evaporative septic systems. The annual consumptive use for non-evaporative septic systems is 10% per year per residence. At a household use rate of 0.25 acre feet per residence per year, total of 0.50 acre feet, 0.450 acre feet is replaced to the stream system per year, utilizing non-evaporative septic systems. Thus, during pumping, stream depletions will be more than adequately augmented. 4. Augmentation for Post Pumping Depletions. For the replacement of any injurious post pumping depletions which may be associated with the use of the Schnake Wells Nos. 1 and 2, the Applicant will reserve water from the Denver aquifer underlying the Applicant’s Property as a replacement source, less the amount replaced during the plan pumping period. The Applicant also reserves the right to substitute other legally available augmentation sources for such post pumping depletions upon further approval of the Court under its retained jurisdiction. Even though this reservation is made, under the Court’s retained jurisdiction, the Applicant reserves the right in the future to prove that post pumping depletions will be noninjurious. The reserved nontributary Denver groundwater will be used to replace any injurious post pumping depletions. Upon entry of a decree in this case, the Applicant will be entitled to apply for and receive a new well permit for the Schnake Wells Nos. 1 and 2 for the uses in accordance with this Application and otherwise in compliance with C.R.S. §37-90-137. V. Remarks. A. This Application was filed in both Water Divisions 1 and 2 because depletions from the pumping of the Dawson aquifer may occur in both the South Platte and the Arkansas River systems. The return flows set forth herein will accrue to tributaries of the South Platte River system where the majority of such depletions will occur, and it is Applicant’s intent to consolidate the instant matter with pending Division 1 application in Water Division 1 upon completion of publication. Applicant requests that the total amount of depletions to both the South Platte River and the Arkansas River systems be replaced to the South Platte River as set forth herein, and for a finding that those replacements are sufficient. B. The Applicant requests a finding that they have complied with C.R.S. §37-90-137(4), and that the ground water requested herein is legally available for withdrawal by the requested not-nontributary wells upon the entry of a decree approving an augmentation plan pursuant to C.R.S. §37-90-137(9)(c.5). C. The term of this augmentation plan is for 100 years, however the length of the plan for a particular well may be extended beyond such time provided the total plan pumping allocated thereto is not exceeded. Post pumping stream depletions accrue to a particular well or wells only to the extent related to that well’s actual pumping. D. The Court will retain jurisdiction over this matter to provide for the adjustment of the annual amount of ground water withdrawals to be

allowed in order to conform to actual local aquifer characteristics from adequate information obtained from well drilling or test holes. E. The Applicant requests a finding that vested water rights of others will not be materially injured by the withdrawals of ground water and the proposed plan for augmentation. F. The wells shall be installed and metered as reasonably required by the State Engineer. Each well must be equipped with a totalizing flow meter and the Applicant shall submit diversion records to the Division Engineer on an annual basis or as otherwise requested by the Division Engineer. The Applicant shall also provide accountings to the Division Engineer and Water Commissioner as required by them to demonstrate compliance under this plan of augmentation. G. The Applicant intends to waive the 600 feet well spacing requirement for any wells to be located upon the Applicant’s Property. H. The Applicant will comply with any lienholder notice provisions set forth in C.R.S. §37-92-302(2)(b) and §37-90-137(4)(b.5)(I), and such notice will be sent within 14 days of the filing of this application. (Notice: Water Division 2 will publish resume). 19CW3113 (Div 1), (case 19CW3039- Div 2)CLIFFORD H. AND NICOLE T. TELLE, 12730 Bridle Bit Road, Colorado Springs, CO 80908. (Please direct all pleadings and correspondence to Chris D. Cummins and/or Emilie B. Polley of Monson, Cummins & Shohet, LLC, 13511 Northgate Estates Drive, Ste. 250, Colorado Springs, CO 80921 (719) 471-1212). Application for Adjudication of Denver Basin Groundwater and for Approval of Plan for Augmentation EL PASO COUNTY. The Applicant seeks to re-permit and construct an additional non-exempt well to the not-nontributary Dawson aquifer to provide water service to two lots, based on an anticipated subdivision of the Applicant’s 10-acre parcel. The Applicant therefore seeks to quantify the Denver Basin groundwater underlying the Applicant’s Property, and approval of a plan for augmentation for the use thereof. Legal Description of Wells. Property Description. All wells will be located on the Applicant’s approximately 10.12 acre property (“Applicant’s Property”) anticipated to be subdivided into two lots containing 5.055 acres and 5.066 acres. The Applicant’s Property is depicted on the attached Exhibit A map, and more particularly described as follows: A tract in the SE1/4 SE1/4, Section 10, Township 12 South, Range 66 West of the 6th P.M, better known as Lot 4, Bridle Bit Subdivision a/k/a 12730 Bridle Bit Road, Colorado Springs, CO 80908 Existing Wells. There is an existing well on the Property. Well with Permit No. 116298 (“Telle Well 1) is located 1200 feet South and 970 feet East from the Section Line, is constructed to the not-nontributary Dawson aquifer, and is allocated 0.9 acre feet per year. The Applicant proposes that the well be re-permitted for non-exempt uses upon entry of a decree approving the plan for augmentation requested herein. Proposed Wells. The Applicant proposes that up to one well (one well per lot) will be located on the Applicant’s Property at a specific location not yet determined to be constructed to the Denver aquifer (“Telle Well 2”). Water Source. Not-Nontributary. The ground water to be withdrawn from the Dawson, Denver, and Arapahoe aquifers underlying the Applicant’s Property is not-nontributary. Pursuant to C.R.S. §37-90-137(9)(c.5), the augmentation requirements for wells in the not-nontributary aquifers will require the replacement of actual stream depletions. Nontributary. The groundwater that will be withdrawn from the Laramie-Fox Hills aquifer underlying the Applicant’s Property is nontributary. Estimated Rates of Withdrawal. Pumping from the wells will not exceed 100 g.p.m. The actual pumping rates for each well will vary according to aquifer conditions and well production capabilities. The Applicant requests the right to withdraw ground water at rates of flow necessary to withdraw the entire decreed amounts. The actual depth of each well to be constructed within the respective aquifers will be determined by topography and actual aquifer conditions. Estimated Average Annual Amounts of Ground Water Available. The Applicant requests a vested right for the withdrawal of all legally available ground water in the Denver Basin aquifers underlying the Applicant’s Property. Said amounts may be withdrawn over the 300-year life of the aquifers as required by El Paso County, Colorado Land Development Code §8.4.7(C)(1) which is more stringent than the State of Colorado’s 100-year life requirement pursuant to C.R.S. §37-90-137(4). Applicant estimates that the following values

and average annual amounts are representative of the Denver Basin aquifers underlying the Applicant’s Property:

AQUIFER NET

SAND (Feet)

Total

Appropriation (Acre Feet)

Annual Avg. Withdrawal 100 Years

(Acre Feet)

Annual Avg. Withdrawal 300 Years

(Acre Feet)

Dawson (NNT)

120 243 2.101 0.72

Denver (NNT)

490 843 8.43 2.813

Arapahoe (NNT)

245 421 4.21 -

Laramie Fox Hills (NT)

185 281 2.754 -5

Decreed amounts may vary from the above to conform with the State’s Determination of Facts. Pursuant to C.R.S. §37-92-305(11), the Applicant further requests that the Court retain jurisdiction to finally determine the amount of water available for appropriation and withdrawal from each aquifer. Requested Uses. The Applicant requests the right to use the ground water for beneficial uses upon the Applicant’s Property consisting of domestic, irrigation, stock water, recreation, wildlife, fire protection, and also for storage and augmentation purposes associated with such uses. The Applicant also requests that the nontributary water may be used, reused, and successively used to extinction, both on and off the Applicant’s Property subject, however, to the requirement of C.R.S. §37-90-137(9)(b), that no more than 98% of the amount withdrawn annually shall be consumed. The Applicant may use such water by immediate application or by storage and subsequent application to the beneficial uses and purposes stated herein. Provided, however, that the Applicant shall only be entitled to construct wells or use water from the not-nontributary Dawson and Denver aquifers pursuant to a decreed augmentation plan entered by this Court, covering the out-of-priority stream depletions caused by the use of such not-nontributary aquifers in accordance with C.R.S. §37-90-137(9)(c.5). Well Fields. The Applicant requests that he be permitted to produce the full legal entitlement from the Denver Basin aquifers underlying the Applicant’s Property through any combination of wells. The Applicant requests that these wells be treated as a well field. Averaging of Withdrawals. The Applicant requests that they be entitled to withdraw an amount of ground water in excess of the average annual amount decreed to the aquifers beneath the Applicant’s Property, so long as the sum of the total withdrawals from all the wells in the aquifers does not exceed the product of the number of years since the date of issuance of the original well permit or the date of entry of a decree herein, whichever comes first, multiplied by the average annual volume of water which the Applicant is entitled to withdraw from the aquifers underlying the Applicant’s Property. The land and underlying

1 This number reflects the total amount available minus the amount used for thirty-seven years under Well Permit No. 116298. 2 All water in the Dawson aquifer underlying the property will belong to the lot with the existing house and well with Permit No. 116298. 3 The water underlying the property in both the Denver and the Arapahoe aquifers will be separated by the lots. 4 This number reflects the total amount available based on 100 years of depletion minus 2%. 5 The water within the Laramie Fox Hills aquifer will be owned by both lots as an undivided 50% interest.

groundwater upon which the wells are and will be located is owned by the Applicant. Structures to be Augmented. The structures to be augmented are the Telle Well No. 1 as is currently constructed to the not-nontributary Dawson aquifer, and as will be permitted pursuant to this plan for augmentation, and Telle Well No. 2, to be constructed to the Denver aquifer, along with any replacement or additional wells associated therewith, of the Denver Basin underlying the Applicants’ Property as requested and described herein. Water Rights to be Used for Augmentation. The water rights to be used for augmentation during pumping are the return flows resulting from the pumping of the not-nontributary Dawson and Denver aquifers from Telle Wells Nos. 1 and 2, together with water rights from the nontributary Laramie-Fox Hills aquifer for any injurious post pumping depletions. Statement of Plan for Augmentation. The Applicant wishes to provide for the augmentation of stream depletions caused by pumping of the not-nontributary Dawson and Denver aquifers by two wells proposed herein for two residential lots. Potential water use criteria and their consumptive use component for replacement of actual depletions for the lots are estimated as follows: Household Use Only: 0.25 acre feet annually within single family dwellings on up to 2 lots, with a maximum of ten percent consumptive use based on a nonevaporative septic leach field disposal systems. The annual consumptive use for each lot will therefore be 0.025 acre feet per well, with return flows of 0.225 acre feet per lot. Landscape Irrigation: 0.05 acre feet annually per 1,000 square feet (2.18 acre feet per acre) per year, with an 85% assumed consumptive use rate. The annual consumptive use for each 1,000 square feet of lawn and garden irrigated is therefore 0.042 acre feet. Horses (or equivalent livestock): 0.011 acre feet annually (10 gallons per day) per head with a one hundred percent consumptive use component. Hot Tub Use: 0.006 acre feet (2100 gallons) annually, based upon six fillings per year, with a 50% consumptive use rate. The annual consumptive use for each hot tub is therefore 0.003 acre feet (1050 gallons). Each well will pump a maximum of 0.458 acre feet of water per year per residence for a maximum total of 0.458 acre feet being withdrawn from each of the Dawson and Denver aquifers per year. Such use shall be a combination of household use, irrigation of lawn and garden, and the watering of horses or equivalent livestock. An example breakdown of this combination of use, utilizing the factors described above, is household use of 0.25 acre feet of water per year per residence with the additional 0.225 acre feet per year per residence available for irrigation of lawn and garden and the watering of up to four horses or equivalent livestock on each residential lot. Depletions. The Applicant’s consultant has determined that maximum stream depletions over the 300 year pumping period for the Dawson aquifer amounts to approximately 27.6% of pumping. Maximum annual depletions for total residential pumping from the Dawson well is therefore 0.12 acre feet in year 300. Pumping from the Denver well will require 4% replacement of the pumped amount, or 0.028 acre feet in year 300. Should Applicant’s pumping be less than the 0.458 total from each of the Dawson and Denver aquifers, per year described herein, resulting depletions and required replacements will be correspondingly reduced. Augmentation of Depletions During Pumping. Pursuant to C.R.S. §37-90-137(9)(c.5), the Applicant is required to replace actual stream depletions attributable to pumping of the two residential wells. The Applicant’s consultant has determined that depletions during pumping will be effectively replaced by residential return flows from non-evaporative septic systems. The annual consumptive use for non-evaporative septic systems is 10% per year per residence. At a household use rate of 0.25 acre feet per residence per year, total of 0.50 acre feet, 0.45 acre feet is replaced to the stream system per year, utilizing two non-evaporative septic systems. Thus, during pumping, stream depletions will be more than adequately augmented. Augmentation for Post Pumping Depletions. For the replacement of any injurious post-pumping depletions which may be associated with the use of the Telle Wells Nos. 1 and 2, the Applicant will reserve up to the entirety of the nontributary Laramie Fox Hills aquifer, accounting for actual stream depletions replaced during the plan pumping period, to replace any injurious post pumping depletions. The Applicant also reserves the right to substitute other legally available augmentation sources for such post pumping depletions upon further approval of the Court under its retained jurisdiction. Even though this reservation is made, under the Court’s retained

jurisdiction, the Applicant reserves the right in the future to prove that post pumping depletions will be noninjurious. The reserved nontributary Laramie-Fox Hills groundwater will be used to replace any injurious post-pumping depletions. Upon entry of a decree in this case, the Applicant will be entitled to apply for and receive a new well permit for the Telle Wells Nos. 1 for the uses in accordance with this Application and otherwise in compliance with C.R.S. §37-90-137. This Application was filed in both Water Divisions 1 and 2 because depletions from the pumping of the Dawson aquifer may occur in both the South Platte and the Arkansas River systems. The return flows set forth herein will accrue to tributaries of the Arkansas River system where the majority of such depletions will occur, and it is Applicant’s intent to consolidate the instant matter with pending Division 2 application in Water Division 2 upon completion of publication. Applicant requests that the total amount of depletions to both the South Platte River and the Arkansas River systems be replaced to the Arkansas River as set forth herein, and for a finding that those replacements are sufficient. The Applicant requests a finding that they have complied with C.R.S. §37-90-137(4), and that the ground water requested herein is legally available for withdrawal by the requested not-nontributary wells upon the entry of a decree approving an augmentation plan pursuant to C.R.S. §37-90-137(9)(c.5). The term of this augmentation plan is for 300 years, however the length of the plan for a particular well may be extended beyond such time provided the total plan pumping allocated thereto is not exceeded. Post pumping stream depletions accrue to a particular well or wells only to the extent related to that well’s actual pumping. The Court will retain jurisdiction over this matter to provide for the adjustment of the annual amount of ground water withdrawals to be allowed in order to conform to actual local aquifer characteristics from adequate information obtained from well drilling or test holes. The Applicant requests a finding that vested water rights of others will not be materially injured by the withdrawals of ground water and the proposed plan for augmentation. The wells shall be installed and metered as reasonably required by the State Engineer. Each well must be equipped with a totalizing flow meter and the Applicant shall submit diversion records to the Division Engineer on an annual basis or as otherwise requested by the Division Engineer. The Applicant shall also provide accountings to the Division Engineer and Water Commissioner as required by them to demonstrate compliance under this plan of augmentation. The Applicant intends to waive the 600 feet well spacing requirement for any wells to be located upon the Applicant’s Property. 19CW3114 Western Equipment and Truck, Inc., 2055 1st Ave., Greeley CO 80631, 970-353-6682; P. Andrew Jones, Wesley S. Knoll, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534, Telephone: (970) 622-8181. APPLICATION FOR CONDITIONAL UNDERGROUND WATER RIGHTS IN WELD COUNTY. 2. Name of Well: Transportation Center Non-Pot Well No. 1. 2.1 Location: 2.1.1 UTM Coordinates: Easting 532,441 meters; Northing 4,471,082 meters. UTM 13. 2.1.2. PLSS Description: In the NW1/4 of the NW1/4, Section 24, 5N, 65W, 6th P.M., 828 feet from the North Section Line and 896 feet from the West Section Line. 2.1.3. See Map attached hereto as Exhibit “A.” 2.2. Source of water: South Platte River Alluvial Aquifer 2.3. Date of appropriation: June 21, 2019. 2.4. How appropriation was initiated: Engineering, filing of water court application. 2.5. Amount claimed: 1500 gpm (3.34 cfs), conditional. 2.6. Uses: Irrigation, Industrial, Commercial and Fire Protection within the Transportation Center Subdivision, located in the NW1/4 of the NW1/4 of Section 24, 5 North, 65 West of the 6th P.M., Weld County, Colorado. 3. Name of Well: Transportation Center Non-Pot Well No. 2 3.1. Location: 3.1.1. UTM Coordinates: Easting 532,826 meters, Northing 4,471,068 meters. UTM 13. 3.1.2. PLSS Description: In the NE1/4 of the NW1/4, Section 24, 5N, 65W, 6th P.M., 875 feet from the North Section Line and 2,145 feet from the West Section Line. 3.1.3. See Map attached hereto as Exhibit “A.” 3.2. Source of water: South Platte River Alluvial Aquifer 3.3. Date of appropriation: June 30, 2019. 3.4. How appropriation was initiated: Engineering, filing of water court application. 3.5. Amount claimed: 1500 gpm (3.34 cfs), conditional. 3.6. Uses: Irrigation, Industrial, Commercial and Fire Protection within the Transportation Center

Subdivision, located in the NW1/4 and the NE1/4 of the NW1/4 of Section 24, 5 North, 65 West of the 6th P.M., Weld County, Colorado. 4. Plan for Augmentation: Groundwater Management Subdistrict of the Central Colorado Water Conservancy District (“GMS”), 02CW335, Class D Irrigation Contract No. 1228 (irrigation use) and Class D Non-Irrigation Contract 1222 (industrial, commercial and fire protection uses). The GMS Board of Directors has approved Contract Nos. 1228 and 1222 and authorized District counsel to file a separate application to add Transportation Center Non-Pot Well No. 1 and Well No. 2 to the augmentation plan decreed in 02CW335. This application consists of three (3) pages. 19CW3115 SHAWN DENMEADE (“Applicant Denmeade”), 5775 Best Road, Larkspur, CO 80118, (719) 209-2312, Email: shawn.denmeade@gmail.com, JOSEPH TODD AND MICHELE TODD (“Applicant Todd”), 834 S. Perry St., PMB 340, Castle Rock, CO 80104, (719) 640-0055, michele@tlfar.com. Serve pleadings on: Jeffrey S. Rose, Madoline Wallace-Gross, LYONS GADDIS, PO Box 978 Longmont, CO 80502-0978; (303) 776-9900. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES IN THE DAWSON, DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AQUIFERS AND FOR APPROVAL OF A PLAN FOR AUGMENTATION IN DOUGLAS COUNTY. APPLICATION FOR NONTRIBUTARY AND NOT NONTRIBUTARY UNDERGROUND WATER RIGHTS – DENMEADE PROPERTY 2. Legal Description of Subject Property: The Northwest 1/4 of the Southeast 1/4 of Section 16, Township 10 South, Range 66 West of the 6th Principal Meridian, County of Douglas, State of Colorado, also known by street and number as: 5775 Best Rd, Larkspur, CO 80118. This property is legally described in Attachment A and depicted on Attachment B hereto and referred to herein as the “Denmeade Property”. 3. Source of Water: A. The groundwater withdrawn by Applicant Denmeade from the Upper Dawson aquifer is not nontributary as described in C.R.S. § 37-90-103(10.7). Except pursuant to an exempt well permit, any use of groundwater from the not nontributary Upper Dawson aquifer shall be pursuant to a plan for augmentation providing for actual out-of-priority depletions caused by withdraws from the wells pursuant to C.R.S. § 37-90-137(9)(c.5)(1)(A)-(B). B. The groundwater to be withdrawn by Applicant Denmeade from the Denver, Arapahoe, and Laramie-Fox Hills aquifers is nontributary as defined in C.R.S. § 37-90-103(10.5). Applicant will comply with requirements to relinquish to the surface stream two percent of all such nontributary groundwater withdrawn on an annual basis. C. Wells will be completed to the bottom of each aquifer, which Applicant Denmeade estimates to be approximately 800 feet below land surface in the Dawson aquifer, 1769 feet below land surface in the Denver aquifer, 2352 feet below land surface in the Arapahoe aquifer, and 3084 feet below land surface in the Laramie-Fox Hills aquifer. These depths are approximate and based on geologic and topographical information available from the Colorado State Engineer’s office. Actual well completion depths may vary from this estimate based on the actual conditions below the overlying land. 4. Estimated Amounts and Rates of Withdrawal: Except pursuant to an exempt well permit, any wells will withdraw ground water at a rate of flow necessary to efficiently withdraw the entire decreed amount in each aquifer. The estimated annual amounts of ground water available for withdrawal by Applicant Denmeade are based upon information contained in the Denver Basin Rules, 2 C.C.R. 402-6. Applicant Denmeade estimates the following annual amounts are available:

Aquifer

Acres

Saturated Sand Thickness (ft)

Specific Yield (%) Annual Average Withdraw from

Denmeade Property

Upper Dawson 40 369 20 29.5 acre-feet

5. Existing Well: There is one exempt well constructed in the Upper Dawson aquifer on the Denmeade Property represented by Well Permit No. 144403. A. Decree Number: Not Applicable. B. Legal Description: NW1/4 SE1/4 Section 16, Township 10 South, Range 66 West of the 6th P.M., 3275 ft from the north and 2530 feet from the east section line. C. Aquifer: Upper Dawson Aquifer. D. Depth: 450 E. Uses: Domestic F. Flow Rate: 15 gpm G. Volumetric Limit: 1 af 6. Well Permits: Applicant Denmeade shall apply for additional well permits, pursuant to the terms of a decree in this case and C.R.S. § 37-90-137(10). Applicant Denmeade claims the right to drill and complete such well as may be needed or desired anywhere on the Denmeade Property to recover and use all physically and legally available water from the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers as claimed herein. 7. Well Fields: Applicant Denmeade requests the right to withdraw all of the legally available ground water lying the Denmeade Property through the wells requested herein, which may be located anywhere on the Denmeade Property, and any additional wells which may be completed in the future, as Applicant Denmeade’s well fields in each aquifer. 8. Proposed Uses: Applicant Denmeade intends to use, reuse, and successively use, and after such use, lease, sell, or otherwise dispose of the ground water for domestic, agricultural, commercial, irrigation, stock watering, recreational, fish and wildlife, fire protection, evaporation, aesthetic, and any other beneficial use on or off the Denmeade Property. The water use may be immediately used or stored for subsequent use, used for exchange purposes, for direct replacement of depletions, and for other augmentation purposes, including taking credit for all return flows resulting from the use of such water for augmentation for or as an offset against any out-of-priority depletions on or off the Denmeade Property. 9. Name and Address of Owner of the Land: Applicant Denmeade, subject to a mortgage from SunTrust Bank, Attn QWR/NOE/RFI, PO Box 26527, Richmond, VA 232-61-6527, Secured by a Deed of Trust from Stearns Lending, LLC, 5120 Woodway Drive, Suite 5016, Houston, TX 77056. 10. Determinations Sought Herein: Applicant Denmeade seeks the following determinations: A. All of the groundwater underneath the Denmeade Property in the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers may be withdrawn and used by Applicant Denmeade, subject to the terms and conditions included in a decree entered in this case, and that Applicant Denmeade has a vested right to use of said ground water. B. Applicant Denmeade is the owner of the overlying land or has the consent of the owner of the overlying land to adjudicate all such ground water underlying the Denmeade Property. The average annual amount determined to be available in the decree entered in this case can be withdrawn without causing material injury to the vested rights of others, provided that Applicant Denmeade complies with the terms and conditions in said decree. C. Applicant Denmeade has the right to withdraw all of the ground water in the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers under the Denmeade Property through any wells initially permitted in such aquifers, and any additional wells which may be permitted and completed in the future on the Denmeade Property. Applicant Denmeade requests that the initial wells permitted in each aquifer along with any additional wells shall be treated as a well field in that aquifer. D. Applicant Denmeade may withdraw ground water at the rate necessary to withdraw the full allowed annual amount from the Dawson, Denver, Arapahoe, Denver, and Larimer-Fox Hills aquifers. E. Applicant Denmeade may withdraw more than the average annual amount in each aquifer estimated in this application pursuant to Rule 8.A of the Statewide Nontributary Groundwater Rules, 2 C.C.R. 402-7. F. Although Applicant Denmeade has estimated the amount of water available for withdrawal from the Dawson, Denver, Arapahoe, and Larimer-Fox Hills aquifers, Applicant may revise those estimates upward or downward based on actual data or better data available at the time of withdrawal without the necessity of amending this application or republishing the

Denver 40 468 20 31.8 acre-feet

Arapahoe 40 305 20 20.74 acre-feet

Laramie-Fox Hills 40 214 20 12.78 acre-feet

same. Applicant Denmeade requests the right to invoke the retained jurisdiction of the Court provided for in C.R.S. § 37-92-305(11) to adjust the amount of water available for withdrawal from each aquifer. G. Applicant Denmeade may continue to operate the existing well pursuant to Well Permit No. 144403 unless or until Applicant desires to use the well for non-exempt uses or at non-exempt rates or volumes. H. Applicant Denmeade shall provide evidence that, within ten days after filing this application, Applicant has given proper notice of this application to every record owner of the overlying land and every person who has a lien or mortgage on, or deed of trust to, the overlying land recorded in the county in which the overlying land is located, pursuant to C.R.S. § 37-92-302(2)(b). APPLICATION FOR NONTRIBUTARY AND NOT NONTRIBUTARY UNDERGROUND WATER RIGHTS – TODD PROPERTY 11. Legal Description of Well and Subject Property: A TRACT OF LAND SITUATED IN THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 21 AND IN THE NORTHWEST 1/4 OF SECTION 22, LYING WEST OF THE WEST RIGHT-OF-WAY OF COUNTY ROAD 61, ALL IN TOWNSHIP 10 SOUTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, DOUGLAS COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 22 AND CONSIDERlNG THE EAST LINE OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 22 TO BEAR SOUTH 00°49'15" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE SOUTH 00°49'15" WEST ALONG SAID EAST LINE A DISTANCE OF 239.61 FEET TO THE WEST LINE OF SAID COUNTY ROAD 61; THENCE SOUTH 10°30'40" EAST ALONG SAID WEST LINE A DISTANCE OF 168.65 FEET; THENCE SOUTH 02°07'07" WEST ALONG SAID WEST LINE A DISTANCE OF 408.59 FEET; THENCE SOUTH 03°16'07" WEST ALONG SAID WEST LINE A DISTANCE OF 68.72 FEET; THENCE SOUTH 01°48'22" WEST ALONG SAID WEST LINE A DISTANCE OF 491.40 FEET; THENCE SOUTH 00°46'25° WEST ALONG SAID WEST LINE A DISTANCE OF 700.29 FEET; THENCE SOUTH 00°34'55" WEST ALONG SAID WEST LINE A DISTANCE OF 204.88 FEET THENCE NORTH 64°40'08" WEST A DISTANCE OF 300.23 FEET; THENCE NORTH 55°10'54" WEST A DISTANCE OF 810.44 FEET; THENCE NORTH 08°44'45" EAST A DISTANCE OF 714.44 FEET; THENCE NORTH 88°58'58" WEST A DISTANCE OF 1807.87 FEET TO THE WEST LINE OF THE EAST 1 /2 OF THE NORTHEAST 1/4 OF SAID SECTION 21; THENCE NORTH 00°42'53" EAST ALONG SAlD WEST LINE A DISTANCE OF 972.52 FEET TO THE NORTHWEST CORNER OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 21; THENCE NORTH 90°00'00" EAST A DISTANCE OF 1317.20 FEET TO THE NORTHEAST CORNER OF SAID SECTION 21; THENCE SOUTH 88°59'35" EAST A DISTANCE OF 1325.25 FEET TO THE POINT OF BEGINNING, COUNTY OF DOUGLAS, STATE OF COLORADO. This parcel is legally described in Attachment C and depicted on Attachment D hereto and referred to herein as the “Todd Property”. 12. Source of Water: A. The groundwater withdrawn by Applicant Todd from the Upper Dawson aquifer is not nontributary as described in C.R.S. § 37-90-103(10.7). Except pursuant to an exempt well permit, any use of groundwater from the not nontributary Upper Dawson aquifer shall be pursuant to a plan for augmentation providing for actual out-of-priority depletions caused by withdraws from the wells pursuant to C.R.S. § 37-90-137(9)(c.5)(1)(A)-(B). B. The groundwater to be withdrawn by Applicant Todd from the Denver, Arapahoe, and Laramie-Fox Hills aquifers is nontributary as defined in C.R.S. § 37-90-103(10.5). Applicant Todd will comply with requirements to relinquish to the surface stream two percent of all such nontributary groundwater withdrawn on an annual basis. C. Wells will be completed to the bottom of each of the aquifers, which Applicant Todd estimate to be approximately 800 feet below land surface in the Dawson aquifer, 1769 feet below land surface in the Denver aquifer, 2352 feet below land surface in the Arapahoe aquifer, and 3084 feet below land surface in the Laramie-Fox Hills aquifer. These depths are approximate and based on geologic and topographical information available from the Colorado State Engineer’s office. Actual well completion depths may vary from this estimate based on

the actual conditions below the overlying land. 13. Estimated Amounts and Rate of Withdrawal: Except pursuant to an exempt well permit, any existing well will withdraw ground water at the permitted rate of no more than 15 gallons per minute. The estimated annual amounts of ground water available for withdrawal by Applicant Todd are based upon information contained in the Denver Basin Rules, 2 C.C.R. 402-6. Applicant Todd estimates the following annual amounts are available:

14. Existing Well: There is one exempt well constructed in the Upper Dawson aquifer on the Todd Property represented by Well Permit No. 233601. A. Decree Number: Not Applicable. B. Legal Description: SW1/4 NW1/4 Section 22, Township 10 South, Range 66 West of 6th P.M.,1512 ft from the north and 1200 ft from the west section lines. C. Aquifer: Upper Dawson Aquifer. D. Authorized Depth: 805 ft E. Flow Rate: 15 g.p.m. 15. Well Permits: Applicant Todd shall apply for additional well permits, pursuant to the terms of a decree in this case and C.R.S. § 37-90-137(10). Applicant Todd claims the right to drill and complete such well as may be needed or desired anywhere on the Todd Property to recover and use all physically and legally available water from the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers as claimed herein. 16. Well Fields: Applicant Todd requests the right to withdraw all of the legally available ground water lying the Todd Property through the wells requested herein, which may be located anywhere on the Todd Property, and any additional wells which may be completed in the future, as Applicant Todd’s well fields. 17. Proposed Uses: Applicant Todd intends to use, reuse, and successively use, and after such use, lease, sell, or otherwise dispose of the ground water for domestic, agricultural, commercial, irrigation, stock watering, recreational, fish and wildlife, fire protection, evaporation, aesthetic, and any other beneficial use on or off the Todd Property. The water use may be immediately used or stored for subsequent use, used for exchange purposes, for direct replacement of depletions, and for other augmentation purposes, including taking credit for all return flows resulting from the use of such water for augmentation for or as an offset against any out-of-priority depletions on or off the Todd Property. 18. Name and Address of Owner of the Land: Applicant Todd, subject to a City National Bank / BCI Financial home equity line of credit, 25 West Flagler Street, Miami, FL 33130-1712. 19. Determinations Sought Herein: Applicant Todd seeks the following determinations: A. All of the groundwater underneath the Todd Property in the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers may be withdrawn and used by Applicant Todd, subject to the terms and conditions included in a decree entered in this case, and that Applicant Todd has a vested right to use of said ground water. B. Applicant Todd is the owner of the overlying land or has the consent of the owner of the overlying land to adjudicate all such ground water underlying the Todd Property. The average annual amount determined to be available in the decree entered in this case can be withdrawn without causing material injury to the vested rights of others, provided that Applicant Todd complies with the terms and conditions in said decree. C. Applicant Todd has the right to withdraw all of the ground water in the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers under the Todd Property through any wells initially permitted in such aquifers, and any additional wells which may be permitted and completed in the future on the

Aquifer

Acres

Saturated Sand Thickness (ft)

Specific Yield (%)

Annual Amount

Todd Property

Upper Dawson 81.7 369 20 59.040 acre-feet

Denver 81.7 468 20 63.648 acre-feet

Arapahoe 81.7 305 20 41.480 acre-feet

Laramie-Fox Hills 81.7 214 20 25.260 acre-feet

Todd Property. Applicant Todd requests that the initial wells permitted in each aquifer along with any additional wells shall be treated as a well field in that aquifer. D. Applicant Todd may withdraw ground water at the rate necessary to withdraw the full allowed annual amount from the Dawson, Denver, Arapahoe, Denver, and Larimer-Fox Hills aquifers. E. Applicant Todd may withdraw more than the average annual amount in each aquifer estimated in this application pursuant to Rule 8.A of the Statewide Nontributary Groundwater Rules, 2 C.C.R. 402-7. F. Although Applicant Todd estimated the amount of water available for withdrawal from the Dawson, Denver, Arapahoe, and Larimer-Fox Hills aquifers, Applicant may revise those estimates upward or downward based on actual data or better data available at the time of withdrawal without the necessity of amending this application or republishing the same. Applicant Todd requests the right to invoke the retained jurisdiction of the Court provided for in C.R.S. § 37-92-305(11) to adjust the amount of water available for withdrawal from each aquifer. G. Applicant Todd shall provide evidence that, within ten days after filing this application, Applicant has given proper notice of this application to every record owner of the overlying land and every person who has a lien or mortgage on, or deed of trust to, the overlying land recorded in the county in which the overlying land is located, pursuant to C.R.S. § 37-92-302(2)(b). PLAN FOR AUGMENTATION – TODD PROPERTY 20. Background. Applicant Todd owns an existing exempt well represented by Well Permit No. 233601. Applicant Todd seeks to use the existing well for non-exempt uses. The not non-tributary groundwater from the Upper Dawson Aquifer may only be withdrawn for non-exempt uses pursuant to a plan for augmentation decreed by the Water Court. Applicant seeks a plan for augmentation to replace the required depletions during well operations and post-pumping depletions after operations cease. 21. Augmented Structures. Well Permit No. 233601 described in ¶ 14 herein and any additional wells completed in the not nontributary Upper Dawson aquifer on the Todd Property pursuant to this decree. 22. Water Rights to be Used for Augmentation: Applicant Todd proposes to use the following sources for augmentation: A. Return flows or direct discharge to West Cherry Creek of not nontributary ground water in the Upper Dawson aquifer underlying the Todd Property decreed herein. B. Return flows or direct discharge to West Cherry Creek of nontributary groundwater underlying the Todd Property decreed herein. 23. Statement of Plan for Augmentation: A. The Upper Dawson aquifer ground water will be used on the Todd Property pursuant to this plan for augmentation for stockwatering, in-house domestic, and commercial uses. Applicant Todd estimates that the average annual diversion will be approximately 0.98 acre-feet per year for in-house use plus stock watering for a total of 32 horses. Applicant Todd will obtain a non-exempt well permit, pursuant to the decree entered herein. B. Applicant Todd estimates that the average annual depletions will be approximately 0.74 acre-feet annually. Applicant Todd uses a non-evaporative septic systems for sewage disposal and estimates that consumptive use from the in-house use will be 0.027 acre feet per year. Applicant Todd assumes that stock use will be 100% consumptive and, based on a maximum of 32 horses at 20 gallons per horse per water per day, Applicant estimates that consumptive use from stock watering will be approximately 0.72 acre-feet per year. However, these estimates are not intended as a limit on the allowable uses, as long as adequate replacement water is provided to the stream. C. During the period of pumping, Applicant Todd shall replace actual out-of-priority depletions caused by withdraws from the wells pursuant to C.R.S. § 37-90-137(9)(c.5)(1)(B). The return flows from the use of the subject ground water will accrue to the West Cherry Creek stream system. If these return flows are not sufficient to replace such depletions while the subject ground water is being pumped, Applicant Todd shall construct a well in the nontributary aquifer on the Todd Property to make sufficient replacements. D. During post-pumping, Applicant Todd will replace actual out-of-priority depletions caused by withdraws from the wells. Applicant Todd will reserve an adequate amount of nontributary ground water from the Laramie-Fox Hills aquifer underlying the Todd Property to meet those replacement obligations. 24. Owners of Land Upon which Structures are or will be Located: Applicant Todd, subject to a City National Bank / BCI Financial home equity line of credit, 25 West Flagler Street, Miami, FL 33130-1712. WHEREFORE, Applicants Denmeade and Todd request this

Court to enter a decree: A. Granting the application herein and awarding water rights from the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers to Applicant Denmeade, except as to those issues which the Court will specifically retain jurisdiction. B. Granting the application herein and awarding water rights from the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers to Applicant Todd, except as to those issues which the Court will specifically retain jurisdiction. C. Determining that Applicant Denmeade has complied with C.R.S. § 37-90-137(4) and water is legally available for withdrawal by Applicant Denmeade through the wells described and proposed herein. D. Determining that Applicant Todd e has complied with C.R.S. § 37-90-137(4) and water is legally available for withdrawal by Applicant Todd through the wells described and proposed herein. E. Retaining jurisdiction to provide for adjustment of the amount of water available for withdrawal by Applicant Denmeade from such aquifers based on actual local aquifer characteristics, and authorizing Applicant Denmeade to invoke the Court’s retained jurisdiction at any time after such data becomes available pursuant to C.R.S. § 37-92-305(11). F. Retaining jurisdiction to provide for adjustment of the amount of water available for withdrawal by Applicant Todd from such aquifers based on actual local aquifer characteristics, and authorizing Applicant Todd to invoke the Court’s retained jurisdiction at any time after such data becomes available pursuant to C.R.S. § 37-92-305(11). G. Determining that the ground water in the Denver, Arapahoe, and Laramie-Fox Hills aquifers under the Denmeade Property is nontributary ground water, and vested or unconditionally decreed water rights of others will not be materially injured by withdrawal of such ground water. H. Determining that the ground water in the Denver, Arapahoe, and Laramie-Fox Hills aquifers under the Todd Property is nontributary ground water, and vested or unconditionally decreed water rights of others will not be materially injured by withdrawal of such ground water. I. Determining that the ground water in the Dawson aquifer under the Denmeade Property is not nontributary ground water, which may only be used pursuant to a decreed plan for augmentation. J. Determining that the ground water in the Dawson aquifer under the Todd Property is not nontributary ground water, which may only be used pursuant to a decreed plan for augmentation. K. Determining that the allocation of such ground water is not based on appropriations, and no findings of diligence shall be required to maintain these rights. L. Granting Applicant Todd’s plan for augmentation for the not non-tributary groundwater described herein. M. Such other relief as the Court deems proper in this matter. Number of pages in application: 14.

19CW3116 Daniel J. Hudick Trust and William Hudick, 160 County Road 118, Elizabeth, CO 80107 (James Petrock, Petrock Fendel Poznanovic, P.C., 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR PLAN FOR AUGMENTATION, ELBERT COUNTY. Decree information: Decreed in Case No. 09CW98, on November 24, 2009. The land which is the subject of this application is 10 acres being Lot 1, Hudick Estate Minor Development, located in the NW1/4NW1/4 of Section 10, T9S, R65W, Elbert County, Colorado, as shown on Attachment A hereto (“Subject Property”). Groundwater to be augmented: 1.2 acre-feet per year for 100 or 300 years of not nontributary Upper Dawson aquifer groundwater underlying the Subject Property as decreed in Case No. 09CW98. 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. 09CW98. Statement of plan for augmentation: The Upper Dawson aquifer groundwater will be used for commercial use, light industrial use, and limited irrigation, on the Subject Property through individual wells, including an existing well Permit No. 157999. 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 commercial use will be provided by non-evaporative septic systems. Return flows associated with commercial use will be approximately 90% of that use and return flow from 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

Applicants estimate that the majority of actual depletion occurs to the Cherry Creek stream system. Return flows from commercial 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. 09CW98 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. (5 pages). 19CW3117 (09CW262) PLUM CREEK HOLLOW FARM, LLC, 7335 S. Perry Park Road, Larkspur, Colorado 80118. Stephen H. Leonhardt, Esq., April D. Hendricks, Esq.; BURNS, FIGA & WILL, P.C., 6400 South Fiddlers Green Circle, Suite 1000, Greenwood Village, CO 80111; (303) 796-2626. APPLICATION FOR FINDING OF REASONABLE DILIGENCE in DOUGLAS COUNTY, COLORADO. 2) Description of Conditional Water Rights and Structures: a) Original Decree Awarding Conditional Water Rights: Date: June 30, 2013; Case No.: 09CW262; Court: Water Division No. 1; b) Subsequent Decrees Awarding Findings of Diligence: N/A; c) Conditional Direct Flow Water Right: i) Legal Description of Points of Diversion and Rates of Diversion. Applicant may use any one or more of the three points of diversion described below. Each point of diversion is located on the Applicant’s property situated in Sections 13, 14, 23 and 24, Township 9 South, Range 68 West of the 6th P.M. in Douglas County, Colorado, as shown on the map attached as Exhibit 1 to the Application. The diversion structure at each point described below will be a surface diversion (headgate) meeting the requirements decreed in Case No. 09CW262. The surface diversion structures described in this paragraph shall only divert surface flow from West Plum Creek and shall not intercept or otherwise divert groundwater. (1) PCHF No. 1 is located in the Northeast 1/4 of the Southwest 1/4 of Section 24, Township 9 South, Range 68 West, of the 6th P.M., at a point 2,580 ft. from the South line and 2,550 ft. from the West line of said Section 24. The rate of diversion at PCHF No. 1 is 2 c.f.s., conditional. (2) PCHF No. 2 is located in the Northwest 1/4 of the Northeast 1/4 of Section 24, Township 9 South, Range 68 West, of the 6th P.M., at a point 1,040 ft. from the North line and 2,335 ft. from the East line of said Section 24. The rate of diversion at PCHF No. 2 is 2 c.f.s., conditional. (3) PCHF No. 3 is located in the Southwest 1/4 of the Northwest 1/4 of Section 13, Township 9 South, Range 68 West, of the 6th P.M., at a point 2,190 ft. from the North line and 1,095 ft. from the West line of said Section 13. The rate of diversion at PCHF No. 3 is 2 c.f.s., conditional. PCHF Points of Diversion Nos. 1, 2, and 3, as described above, may serve as alternate points of diversion for each other, as limited by the terms and conditions of the decree entered in Case No. 09CW262. At no time, however, shall the combined rate of diversion from PCHF Nos. 1, 2, and 3 exceed 6 c.f.s.; d) Conditional Water Storage Right: i) Legal Description of Places of Storage. Each place of storage will be located on the Applicant’s property described in Paragraph 2(c)(i), and shown in Exhibit 1 to the Application. The design and use of these ponds will be subject to the terms and conditions decreed in Case No. 09CW262. (1) Glen Grove Pond No. 1: The center point of the pond will be located in the NW1/4, NW1/4, Section 24, T9S, R68W, 6th P.M., at a point approximately 780 feet from the North Section Line and 825 feet from the West Section Line of said Section 24 in Douglas County, Colorado. (2) Glen Grove Pond No. 2: The center point of the pond will be located in the SW1/4, NW1/4, Section 13, T9S, R68W, 6th P.M., at a point approximately 2,210 feet from the North Section Line and 360 feet from the West Section line of said Section 13 in Douglas County, Colorado. (3) Glen Grove Pond No. 3: The center point of the pond will be located in the SW1/4, NE1/4, Section 14, T9S, R68W, 6th P.M, at a point approximately 2,565 feet from the North Section Line and 1,560 feet from the East Section Line of said Section 14 in Douglas County, Colorado. (4) Glen Grove Pond No. 4: The center point of the pond will be located in the NW1/4, SE1/4, Section 14, T9S, R68W, 6th P.M., at a point approximately 1,815 feet from the South Section Line and 2,115 feet from the East Section Line of said Section 14 in Douglas County, Colorado. (5) Glen Grove Pond No. 5: The center point of the pond will be located in the NE1/4, SW1/4, Section 24, T9S, R68W, 6th P.M., 2,160 feet from the South Section

Line and 1,360 feet from the West Section Line of said Section 24 in Douglas County, Colorado. ii) Maximum height of dam in feet. The Glen Grove Ponds will be constructed below grade and will not have traditional dams. The active capacity of the Ponds will be controlled by the outlet feature and the level of the pump intake for the Ponds. iii) Decreed Amount. Total storage in the Glen Grove Ponds shall not exceed 200 acre-feet per year, conditional, with the right to one fill and one refill annually. iv) Points of diversion. PCHF Nos. 1, 2, and 3 Diversions described in paragraph 2(c) above. v) Fill Rate. The combined maximum rate of fill for the Glen Grove Ponds shall be 6 c.f.s. vi) Releases of Water. Each of the Glen Grove Ponds shall be equipped to allow out-of-priority inflows, such as precipitation and surface runoff from precipitation and irrigation, to be released back to West Plum Creek within 24 hours of impoundment. e) Source: West Plum Creek, for all of the conditional water rights. f) Decreed Uses: Water derived from any and all the rights decreed in Case No. 09CW262 will be used by the Applicant for domestic, irrigation of approximately 322 acres, stock watering, fish and wildlife propagation and preservation, dust suppression, and fire protection purposes on the Applicant’s property. g) Appropriation Date: December 28, 2009, for all water rights herein. 3) Detailed Outline of What Has Been Done Toward Completion or for Completion of the Appropriations and Application of Water to a Beneficial Use as Conditionally Decreed: The Applicant’s decreed conditional direct flow water right and conditional water storage right are individual components of an integrated water supply system serving the Applicant’s horse farm in Douglas County. Consequently, work on any one feature of the water rights for this system should be considered in finding that reasonable diligence has been shown in the development of the subject water rights and for all features of the water system. See C.R.S. § 37-92-301(4)(b). The Applicant continues to plan for and pursue the use of the subject conditional water rights as components of its integrated water system serving the property in question. The work undertaken by the Applicant during the diligence period includes, but is not limited to, the following activities, all of which relate to the completion of the appropriation and application of the subject conditional water rights to beneficial uses as decreed. a) Applicant has retained Gina Burke of Jehn Water Consultants, Inc. as its water resource consultant, and from June 2013 to present, has expended over $3,000 in consulting fees related to the development and protection of the Applicant’s integrated water supply system, including the subject water rights. Ms. Burke’s work for the Applicant has included the following: i) Determining the availability and valuation of additional Denver Basin water rights for the Applicant; ii) Researching the availability of additional water rights that may be available near the Applicant’s property; iii) Working with Applicant on future surface water development plans for Plum Creek Hollow Farm. This work has included assisting Applicant in soliciting, obtaining, and evaluating bids for further site investigations and design of several of the conditionally decreed water system features described herein, including the diversion structures for PCHF Points of Diversion Nos. 2 and 3 and Glen Grove Ponds 1 and 2. b) Applicant has retained Tessara Water, Inc.to complete the project described in Paragraph 3.a.iii at an estimated cost of $4,500. Tessara Water, Inc. is anticipated to complete the initial site investigations and conceptual designs for the project by September 2019, after which the Applicant plans to proceed with construction. c) From June 2013 to present, Applicant has retained legal counsel and has expended attorneys fees related to litigation for the protection of the subject conditional water rights in Case No. 10CW263, Water Division No. 1. d) This work evidences Applicant’s continuing intent to develop the conditional water rights. Applicant can and will complete the conditionally decreed appropriations for diversion and storage within a reasonable time. Water is legally available at times for diversion by the Applicant at the decreed locations. The construction of the facilities described herein is technically feasible, all facilities will be constructed on the Applicant’s property, and the Applicant has sufficient economic means to pay for the design and construction of these facilities. 4) Names and addresses of owners or reputed owners of the land upon which any new diversion 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. a) All structures listed in this Application are located upon land owned by the Applicant.

WHEREFORE, the Applicant respectfully requests that this Court enter a decree finding that the Applicant has exercised reasonable diligence in the development of the water rights that are the subject of this Application, and that the conditional water rights be continued in full force and effect for another six years, until the date set for a subsequent application for a finding of reasonable diligence. The Applicant also seeks such other and further relief as this Court deems just and proper. No. of pages in Application: 6. 19CW3118 COMPLAINT FOR INJUNCTIVE RELIEF, PENALTIES AND COSTS; Plaintiffs: THE PEOPLE OF THE STATE OF COLORADO, ex rel. KEVIN REIN, State Engineer, and COREY DEANGELIS, Division Engineer for Water Division 1, 1300 Broadway, 7th floor, Denver, CO 80203. 720-508-6429 and 720-508-6307 v. Defendants: LARSON FARMS, LLC, a Colorado limited liability company, 29470 WCR 66, Gill, CO 80624. 19CW3119 Donald C. and Laura J. Orris, 35558 County Road 13, Elizabeth, CO 80107 (James Petrock, Petrock Fendel Poznanovic, P.C., 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR AMENDMENT OF AUGMENTATION PLAN, ELBERT COUNTY. Decree information for which amendment is sought: Case No. 14CW3101, decreed on March 5, 2015. Proposed amendment: Applicants are the owners of 76.8 acres located in the S1/2N1/2 and the N1/2S1/2 of Section 6, T8S, R64W of the 6th P.M., Elbert County, as shown on Attachment A (Subject Property). In the original decree, an augmentation plan was approved for use of 13.1 acre-feet per year of not nontributary Upper Dawson aquifer groundwater, of which 11.7 acre-feet can be used for irrigation of home lawn and garden, and pasture, hay or trees. By this application, Applicants request that the irrigation use be changed to irrigation use, including but not limited to home lawn and garden, pasture, hay, trees, and agricultural products, including inside use and in greenhouses. The actual depletion at 100 years of pumping is 15.098% of the annual amount withdrawn, and return flows from in-house and irrigation use are sufficient to replace the required actual depletion for 100 years. If sufficient return flow is not available, additional replacement may be made using Applicant’s nontributary Lower Dawson aquifer well which is permitted for augmentation purposes. Depletions occur to Running Creek and return flows accrue to that stream system. No other provisions of the original decree will be changed. Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (4 pages). 19CW3120 Michael and Susan Ebner, 36255 County Road 5, Elizabeth, CO 80107 (James J. Petrock, Petrock Fendel Poznanovic, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, ELBERT COUNTY, 35 acres generally located in the E1/2SE1/4 of Section 34, T7S, R65W of the 6th P.M., Elbert County, as described and shown on Attachment A hereto ("Subject Property"). Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Annual Amounts: Upper Dawson: 6 acre-feet; Lower Dawson: 57 acre-feet; Denver: 11 acre-feet; Arapahoe: 14 acre-feet; and Laramie-Fox Hills: 10 acre-feet, Uses: domestic, commercial, irrigation, stockwatering, fire protection, and augmentation purposes, on and off the Subject Property. Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (8 pages). 19CW3121 Susan Tinder, 3782 N. Highway 67, Sedalia, CO 80135 (James Petrock, Petrock Fendel Poznanovic, P.C., 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR PLAN FOR AUGMENTATION, DOUGLAS COUNTY. Decree information: Decree information: Case No.

03CW434 decreed on November 3, 2004. The land which is the subject of the decree is 111.59 acres generally located in the S1/2 of Section 33, T7S, R68W and the N1/2 of Section 4, T8S, R68W , Douglas County, Colorado, as shown on Attachment A hereto (“Subject Property”). Applicant is the owner of the groundwater decreed in Case No. 03CW434 pursuant to the decree and deed attached as Attachment B. Groundwater to be augmented: 2.5 acre-feet per year of not nontributary Lower Dawson and Denver aquifer groundwater underlying the Subject Property as decreed in Case No. 03CW434. Water rights to be used for augmentation: Return flows from the use of not nontributary Lower Dawson and Denver aquifer water and return flows and direct discharge of nontributary groundwater underlying the Subject Property as also decreed in Case No. 03CW434. Statement of plan for augmentation: The Lower Dawson and Denver aquifer groundwater will be used for in-house use in two residences (0.6 acre-feet), commercial use in a stable and horse boarding operation (0.5 acre-feet), stockwatering of up to 50 large domestic animals (1.2 acre-feet), and fire protection and limited irrigation use (0.2 acre-feet), on the Subject Property through one or more individual wells, including existing well Permit No. 297474. Applicant reserves 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 and commercial use will be provided by non-evaporative septic systems. Return flows associated with in-house and commercial use will be approximately 90% of that use. During pumping Applicant will replace actual depletions to the affected stream system for pumping of the Lower Dawson aquifer and an amount equal to 4% of the annual amount withdrawn for pumping of the Denver aquifer groundwater, pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions occur to the Plum Creek stream system and return flows from in-house and commercial use accrue to the South Platte River system via Plum Creek in sufficient amounts while the subject groundwater is being pumped. An equal amount of nontributary groundwater as decreed in Case No. 03CW434 will be reserved 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. (9 pages). 19CW3122 (08CW305) Eldora Enterprises LLC, c/o Brent Tregaskis, General Manager, 2861 Eldora Ski Road, Nederland, Colorado 80466, Phone: 303-416-8670. Attorneys for Applicant: Richard A. Johnson, David F. Bower, Michael S. Davidson, Johnson & Repucci LLP, 850 W. South Boulder Road, Suite 100, Louisville, Colorado 80027, Phone: 303-442-1900. Application to Make Appropriative Right of Exchange Absolute in BOULDER AND GILPIN COUNTIES. Overview. Eldora operates Eldora Mountain Resort on its fee property and adjacent Forest Service property, which is located primarily in the Middle Boulder Creek basin and partially in the South Boulder Creek basin west of the Town of Nederland in southern Boulder County (the “Resort”). Certain water rights and ski facilities of the Resort are located in Gilpin County. A general location map of the Resort and water facilities is attached as Exhibit A. In Case No. 08CW305, Eldora was decreed a 0.5 cfs appropriative right of exchange (0.28 cfs absolute and 0.22 cfs conditional) to recapture the Resort’s snowmaking return flows accruing to Jenny Creek in the South Boulder Creek basin (the “Jenny Creek Exchange”). A map showing the Resort’s existing snowmaking terrain in the South Boulder Creek basin and the path of the snowmaking return flows is attached as Exhibit B. By this application, Eldora seeks to make the conditional portion of the Jenny Creek Exchange absolute. A copy of the letter provided by Eldora’s water rights engineer, Bishop-Brogden Associates, Inc., demonstrating that Eldora exchanged water in-priority at the rate claimed is attached as Exhibit C. Description of Conditional Appropriative Right of Exchange. Original Decree. The decree for the Jenny Creek Exchange was entered on June 30, 2013, in Case No. 08CW305, Water Division 1. Description of Jenny Creek Exchange. The Jenny Creek Exchange allows Eldora to exchange its reusable snowmaking return flows which accrue to Jenny Creek in the South Boulder Creek basin. The return flows are recaptured by exchange up Jenny Creek, and diverted at the Jenny Creek Pipeline. The return flows are used directly or stored in Peterson Lake, Lake

Eldora, and/or Kettle Pond, for reuse and successive use to extinction. Exchange Reach. The Jenny Creek Exchange is operated up Jenny Creek to the Jenny Creek Pipeline as follows: Downstream Exchange Point. The downstream exchange point is the farthest downstream point where snowmaking return flows accrue to Jenny Creek. This point is located in the SW1/4 of Section 29, Township 1 South, Range 73 West of the 6th P.M., approximately 300 feet north of the South section line and 1,200 feet east of the West section line of Section 29. Upstream Exchange Point. The upstream exchange point is the point of diversion for the Jenny Creek Pipeline, which is located in the SW1/4 SE1/4 of Section 30, Township 1 South, Range 73 West of the 6th P.M., at a point being North 1117′29″ West, 761.94 feet from the SE corner of Section 30. Maximum Rate of Exchange. Subject to paragraph 7.A. of the decree entered in Case No. 08CW305, the Jenny Creek Exchange may be operated at a rate of up to 0.5 cfs, of which 0.28 cfs is already decreed as absolute and 0.22 cfs is currently decreed as conditional. Decreed Uses. The exchanged water is decreed for reuse to extinction for in-house potable and commercial uses, snowmaking, domestic, irrigation, stockwatering, wildlife, piscatorial, industrial, recreation, augmentation, replacement and exchange. Storage is in Peterson Lake, Lake Eldora, and/or Kettle Pond. The augmentation and replacement uses for the exchanged water is accounted for as an additional source of augmentation water under the augmentation plan decreed in Case No. 02CW400. Date of Appropriation. February 5, 2008. Claim to Make Absolute. The Jenny Creek Exchange has now been operated for its full decreed amount of 0.5 cfs. Therefore, the 0.22 cfs conditional rate of exchange should be made absolute. On May 25, 2013, May 26, 2013, and May 16, 2016, Eldora operated the Jenny Creek Exchange at a rate of at least 0.5 cfs with the approval of the Water Commissioner. An engineering letter demonstrating that Eldora operated the Jenny Creek Exchange in-priority at the rate claimed is attached as Exhibit C. Alternative Claim for a Finding of Reasonable Diligence. If the Water Court determines that the Jenny Creek Exchange has not been made absolute in its entirety, Eldora requests a finding of reasonable diligence for the portion not made absolute. The following activities were undertaken during the diligence period toward completion and operation of the Jenny Creek Exchange. The Jenny Creek Exchange, along with Eldora’s other storage rights and the augmentation and snowmaking recapture plans decreed in Case No. 02CW400, are all component features of an integrated water supply system for use at the Resort, and work on one feature of the system must be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire system pursuant to C.R.S. § 37-92-301(4)(b) and paragraph 15 of the decree entered in Case No. 02CW400. Additional Water Rights Decreed for Snowmaking Use. During the subject diligence period, Eldora prosecuted and obtained change decrees in Case Nos. 12CW87 and 16CW3015, both of which added senior irrigation rights to Eldora’s water rights portfolio. The change of water rights approved in these two cases allow Eldora to use additional water at the Resort for snowmaking and other purposes, and the snowmaking return flows from water diverted, stored, and exchanged under these decrees may be exchanged under the Jenny Creek Exchange. In acquiring the water rights decreed in Case Nos. 12CW87 and 16CW3015, Eldora incurred significant engineering and legal expenses, in addition to the cost of the water rights generally. Eldora also received diligence decrees in Case Nos. 14CW3028 and 14CW3159. In Case No. 14CW3028, Eldora’s exchange of its recaptuarable snowmaking return flows accruing to the Middle Boulder Creek side of the resort was made absolute in part and the remainder of the conditional right was continued. General Engineering Costs. Since June 2013, Eldora incurred significant expenses for general water resources consulting and engineering services. As part of this work, Eldora’s water resources engineers, Bishop-Brogden Associates, Inc.: (i) accounted for and coordinated the operation of Eldora’s plan for augmentation and return flow recapture plan approved in Case Nos. 02CW400 and 08CW305, as well as the diversion and storage of Eldora’s other water rights; (ii) prepared and submitted Eldora’s accounting required under Case Nos. 02CW400 and 08CW305 to the State Engineer’s Office; (iii) actively assisted Eldora in its acquisition of new water rights for use at the Resort, including providing expert witness services in conjunction with numerous

cases in the Division 1 Water Court; and (iv) produced engineering reports to assist Eldora in its long-term water rights planning. Resort Improvements and Capital Investments. Eldora has been working with the United States Forest Service to expand the skiable terrain and to perform other improvements at the Resort. After many years of work, on April 25, 2019, Eldora received approval to increase the amount of snowmaking terrain in the South Boulder Creek basin. In addition, Eldora continues to expend significant sums in supporting and improving the guest experience. In late 2017, Eldora launched the new Alpenglow lift, a high speed six pack lift which replaced two older fixed-grip lifts on the front side of the main mountain. Eldora is also set to acquire a new Zaugg terrain-shaping machine, which will continue to benefit snowmaking operations. Protection of Eldora’s Existing Water Rights. To protect its existing water rights, Eldora actively participated in water rights cases filed by other parties during the subject diligence period. In participating in these cases, Eldora incurred significant legal and engineering expenses. Name and Address of Landowner Upon which any New or Modified Diversion or Storage Structure is Located, Including Any Modification to the Storage Pool. No new or modified structures are required by this application. 9 pages. 19CW3123 Aggregate Industries- WCR, Inc., c/o Joel F. Bolduc, Environmental and Land Services Regional Manager, 1687 Cole Boulevard, Suite 300, Golden, CO 80401, Telephone: (303) 985-1070. Any correspondence or inquiries regarding this matter should be directed to its counsel as follows: Steven W. Fox, Esq., Fowler, Schimberg, Flanagan & McLetchie, P.C., 350 Indiana Street, Suite 850, Golden, CO 80401, Telephone: (303)298-8603. CONCERNING THE WATER RIGHTS OF AGGREGATE INDUSTRIES-WCR, INC. IN THE SOUTH PLATTE RIVER OR ITS TRIBUTARIES IN WELD COUNTY. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 2. Name of Structure: WW Farms Lake No. 1. 3. Description of Conditional Water Right: a. Original Decree: June 10, 2013, Case No. 90CW023, Water Division No. 1. b. Subsequent Diligence: Not Applicable. c. Legal Description: WW Farms Lake No. 1 is to be located in the SW1/4 of Section 29, Township 6 North, Range 66 West of the 6th P.M., in Weld County Colorado within the Applicant’s WW Farm property boundary and is described as Cell 4 and shown on Figure 1, attached hereto. d. Source of Water: Cache la Poudre River and water tributary to it. e. Amount Claimed: 3,514 acre-feet CONDITIONAL. One fill annually. No right to refill. Water stored in WW Farms Lake No. 1 carried over from the previous water year shall be counted against the current water year’s fill. i. Active capacity: 2,924 acre-feet. ii. Dead storage: 590 acre-feet. f. Diversion: Water right will first be diverted and delivered by the Whitney Irrigating Ditch which will be used to deliver water to WW Farms Lake No. 1 via a ditch lateral with a capacity of 15.2 c.f.s. i. Legal Description of Whitney Irrigating Ditch: The Whitney Irrigating Ditch is located on the north side of the Cache la Poudre River in Section 19, Township 6 North, Range 67 West, 6th P.M. g. Rate: 15.2 c.f.s. h. Appropriation Date: September 29, 1988: the first 1.960 acre-feet was assigned a 1990 priority and the balance of 1,554 acre-feet was assigned a 2009 priority. i. Use: Industrial, mining, dust suppression, reclamation, irrigation, augmentation and piscatorial. All such out-of-reservoir uses shall be on lands located within the boundaries of the WW Farms property as depicted in Figure 2, except for augmentation, which will be limited to Applicant’s annual SWSP for its South Platte facilities. 4. Diligence Activities: Applicant operates a gravel mining operation known as Riverview Resource located just north of the Cache la Poudre River and east of 83rd Avenue in the Town of Greeley (see attached Figure 1). The Riverview Resource site is actively being mined for sand and gravel under DRMS Permit No. M-1999-098. The permitted acreage for DRMS Permit No. M-1999-098 includes the site of WW Farms Lake No. 1. Current mining at the Riverview Resource site is being conducted at Cell 3 which is located south of O Street. Mining of Cell 4, which will eventually be developed as WW Farms Lake No. 1, is expected to be initiated north of O Street after mining of Cell 3 is complete. Mining of Cell 3 must be performed before the mining of Cell 4 to allow for a place to dispose of waste materials generated in the mining of Cell 4 that cannot be used to construct the sideslopes of WW Farms Lake No.

1. Cell 3 and Cell 4 are depicted on the attached Figure 1. The WW Farms Lake No. 1, which is the subject of this Application, is part of an integrated water supply system within the context of C.R.S. §37-92-301(4)(b). During the diligence period beginning June, 2013 and ending June, 2019, the Applicant has undertaken the following efforts toward completion of a conditional appropriation for WW Farms Lake No. 1: i. Applicant, through its contractor, has mined approximately 101,000 tons from the Riverview Resource site under DRMS Permit No. M-1999-098 (hereinafter “DRMS Permit”) for the period of June 2013 through May 2019. ii. Applicant has submitted an annual report to the DRMS for the years 2013-2018 as required by its DRMS Permit. iii. Applicant has paid an annual fee of $791.00 for the years 2013-2018 for its DRMS Permit. iv. Applicant is in the process of preparing a draft of its 2019 annual report for its DRMS Permit. v. Applicant has retained a water resource consultant, Applegate Group, Inc., to prepare and submit its consolidated annual SWSP requests for the years 2013-2019, which covers all of its South Platte River operations, including replacement obligations associated with its mining operations at the Riverview Resource site at a cost of approximately $10,000. vi. Applicant both performed in-house and retained a water resource consultant, (Applegate Group, Inc.) to conduct monthly groundwater monitoring at 20 different monitoring wells located at the Riverview Resource site, including four wells (MW-17 through MW-20) located around the boundaries of the WW Farms Lake No. 1 site, and has submitted an annual summary of these monthly monitoring well measurements as part of its annual reports for the years 2013-2018 as required by its DRMS Permit at a cost of at least $35,000. vii. Applicant conducted a site visits with DRMS personnel to address issues raised by adjoining landowner related to mining activities at the Riverview Resource site. viii. Applicant retained a contractor to repair the northern bank of the southeast section of Cell 3 of the Riverview Resource site in order to restore pre-flooding topography and prepared a survey of the same in July and August of 2015 in response to a DRMS corrective action request. ix. Applicant removed topsoil/overburden from the remaining island of materials in Cell 3 in 2015-2016. x. Applicant constructed dikes between reclaimed wetland areas in Cell 3 along with sloping of the southern boundary of Cell 3 between 2015 and 2018. xi. Applicant conducted weed mitigation and revegetation activities on the Riverview Resource site. xii. Applicant procured and maintained a reclamation bond for the Riverview Resource site in the amount of $155,480.00 from 2013 through 2018. Applicant procured and maintained a reclamation bond in the amount of $270,000.00 from 2018 through current paying bond premiums of at least $7,520. xiii. Applicant hired a contractor to perform bank repair work at the Riverview Resource site in October of 2017 at a cost of approximately $458,000 and performed follow-up survey work of the repair in November 2017. xiv. Applicant has participated in discussions and negotiations with adjoining landowner regarding the sharing costs of the design and installation costs of a slurry wall proposed for the WW Farms Lake No. 1 and relocation of the diversion lateral that will be used to fill the reservoir. xv. Applicant is currently in negotiations with its contractor for proposals continued mining of Cell 3 and potential options for a culvert crossing under O Street for a materials conveyor connecting Cell 3 and Cell 4. xvi. Applicant filed statements of opposition and participated in numerous Water Court cases as an opposer in order to protect its portfolio of water rights, including its conditional storage rights in WW Farms Lake No. 1. 5. Water Applied To Beneficial Use: Not applicable. The WW Farms Lake No. 1 has not yet been constructed. Applicant is seeking a finding of reasonable diligence only as to all of the water rights described herein. 6. Landowners: Applicant owns all land upon which any new diversion or storage structure or modification to existing storage structure will be constructed, including any modification to a storage pool, other than the Whitney Irrigating Ditch, which is owned by the Whitney Irrigation Company, c/o Stanley Everitt, 30951 Weld County Road 27, Greeley, CO 80631. 19CW3124 Brian and Judy Hundley, 2504 Pronghorn Circle, Eizabeth, CO 80107 (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, ELBERT COUNTY. 39.6 acres located in the SE/4SW1/4 of Section 25, T8S, R65W of the 6th P.M., Elbert County, as described and shown on Attachment A hereto ("Subject Property"). Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Upper Dawson: 10 acre-feet, Lower Dawson: 9 acre-feet, Denver: 13 acre-feet, Arapahoe: 13 acre-feet, Laramie-Fox Hills: 13 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, and agricultural products, 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 Running Creek stream system. Return flows accrue to the South Platte River stream system via Running 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). 19CW3125 (2010CW177). Fort Morgan Reservoir and Irrigation Company, 218 East Kiowa, Fort Morgan, Colorado 80701, Telephone: (970) 867-7561. Application for Finding of Reasonable Diligence and to Make Portion of Water Right Absolute in MORGAN COUNTY. Communications, including pleadings regarding this application should be directed to counsel for the Applicant, Cynthia F. Covell, Andrea L. Benson, and Gilbert Y. Marchand, Jr., Alperstein & Covell P.C., 1600 Broadway, Suite 1070, Denver, CO 80202. APPROPRIATIVE RIGHT OF SUBSTITUTION AND EXCHANGE. 1. General Description of the Substitution and Exchange. At such times as augmentation water from recharge sites decreed in Case Nos. W-2692, 92CW81, 94CW185, 00CW261, 03CW399, or 02CW345, accrete to the South Platte River in excess of the replacement requirements pursuant to the plans for augmentation decreed in (1) the W-2692 Augmentation Plan; (2) 92CW81; (3) W-9383-78; (4) Case No. 94CW186; (5) Case No. 04CW72; (6) Case No. 10CW176 or (7) credits leased or sold to other parties, those augmentation supplies (hereinafter referred to as “Excess Credits”) are available to Fort Morgan Company for diversion. Excess Credits will be substituted and exchanged for water diverted at a pipeline (herein referred to as “Groves Pipeline”), described below in paragraph 2.1 and delivered via a sealed pipeline to one or all of twelve groundwater recharge ponds, described in paragraph 7 of the decree entered in 2010CW177, all located in Sections 6, 8,17, 18, or 19, Township 4N, Ranch 59 W, 6th P.M., Morgan County, Colorado. 2. Legal Description of Exchange From Points and Exchange to Points: 2.1. Exchange to Point: The Excess Credits will be delivered to the Groves Pipeline located at a point 23 chains north and 5 chains west of the Southeast Corner of Section 31, Township 5 North, Range 59 West of the 6th P.M., Morgan County, Colorado. A map depicting the location of the Groves Pipeline is attached as Figure 1. 2.2. Exchange from Points: The Excess Credits delivered to the South Platte River

will be delivered within a reach of the South Platte River having an upstream point at the Fort Morgan Canal headgate and downstream point at the confluence of the South Platte River and Beaver Creek in Section 4, Township 4 North, Range 55 West of the 6th P.M. in Morgan County. The location of the Exchange-To-Point and Exchange-From-Point and recharge ponds are shown on the attached Figure 1. 3. Date of initiation of appropriation: December 29, 2006. 4. Amount claimed: 23.5 c.f.s., CONDITIONAL, not to exceed 3,000 acre-feet per year, of Excess Credits as defined above in paragraph 2. 5. Use: The Excess Credits diverted and exchanged pursuant to the substitution and exchange shall be used for recharge to augment the structures included in (1) the W-2692 Augmentation Plan, (2) 92CW81, (3) W-9383-78, (4) Case No. 94CW186, (5) Case No. 04CW72, and (6) Case No. 10CW176. 6. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the previous diligence period: 6.1 The Appropriative Right of Substitution and Exchange is part of an integrated water system owned by the Fort Morgan Company, so that work done on one feature of the system shall be considered in evaluating reasonable diligence in the development of all features of the system, including the subject Appropriative Right of Substitution and Exchange. C.R.S. § 37-92-301(4)(b). 6.2 During the previous diligence period, the Applicant spent $569,598 on loan repayments for the cost of construction for the pipeline and pipeline diversion structure. An additional $42,728 was spent on pipeline maintenance costs. 6.3 Applicant expended $618,730 for the routine operation and maintenance of the Fort Morgan Company ditch and overall recharge facilities necessary to operate and develop its water rights and integrated water supply system. 6.4 Applicant reviewed the water court resume to determine if applications had been filed which might adversely affect the subject conditional water right and has continued participation as an opposer in numerous water court cases within Water Division No. 1 in the interest of protecting the subject conditional water rights. Applicant Fort Morgan Company has expended approximately $1,200.00 in costs for legal and engineering fees associated with filing a diligence application in Case No. 2019CW3090 for an augmentation well associated, in part, with the Groves Pipeline project. In addition, Applicant has expended approximately $218,846 in costs for legal and engineering fees for defense and protection of the subject conditional water rights. 7. Claim to make absolute in part: 7.1 Date water applied to beneficial use: February 3, 2018. 7.2 Amount: Applicant Fort Morgan Company pumped 7,434 gallons per minute, or 16.56 cfs, at Groves Pipeline for delivery to the recharge sites described in paragraph 7 of the 10CW177 decree. Therefore, Applicant Fort Morgan Company claims 16.56 cfs of the Substitution and Exchange right as absolute, with 6.94 cfs remaining conditional. 7.3 Supporting Evidence: The Water Commissioner’s February 2018 accounting shows 7,434 gallons per minute pumped at the Groves Pipeline. An excerpt of that accounting spreadsheet is attached to this Application as Exhibit B. 7.4 Description of place of beneficial use: The water pumped at the Groves Pipeline water delivered to the recharge sites described in paragraph 7 and for the purposes described in the 10CW177 decree. 8. 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: No 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 pursuant to this Application. However, all related structures are located on lands owned or controlled by Applicant or on which Fort Morgan Company owns an easement. WHEREFORE, Applicant, Fort Morgan Reservoir and Irrigation Company, having demonstrated that it has steadily applied effort to complete the appropriation of this water right in a reasonably expedient and efficient manner under all the facts and circumstances, respectfully request that this Court find that it has diverted and placed 16.56 cfs of the subject Appropriative Right of Substitution and Exchange to beneficial use and that such amount shall be made absolute and that Applicant has exercised reasonable diligence in putting to beneficial use the remaining 6.94 cfs portion of the conditional water right decreed to the Appropriative Right of Substitution and Exchange, and to continue

the conditional decree for that amount for another six years, or such period as may otherwise be permitted by law. (5 pages, 1 Figure) 19CW3126 (05CW151, 79CW370) WINDING RIVER RANCH, LLC c/o Ashton Hudson, 501 Riverside Ave., Suite 902, Jacksonville, FL 32202, ahudson@rockcreekpartners.com. Please direct all pleadings and correspondence to Applicant’s counsel: William H. Caile and Kylie J. Crandall, Holland & Hart LLP, 555 17th St. #3200, Denver CO 80202, whcaile@hollandhart.com, (303) 295-8000. APPLICATION TO MAKE CONDITIIONAL WATER RIGHT ABSOLUTE OR FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. 2. Name of Structure: Burlingame Reservoir. 3. From previous Decree: a. Date of Original Decree: August 31, 1981, Case No. 79CW370, Water Division 1. b. Subsequent decrees: Most recent finding of reasonable diligence awarded in Case No. 05CW151, by decree dated June 17, 2013. c. Decreed Location: N/W1/4 Section 21, Township 11 South, Range 77 West of the 6th P.M., at a point which bears South 72 Degrees 19 Minutes 38 Seconds West 4,642.31 feet from the Northeast Corner of Section 21, thence South 11 Degrees 5 Minutes 10 Seconds West on the Northeasterly extension of the centerline of the dam distance of 25.00 feet to the spillway centerline, Park County, Colorado. See location map on file with the Court as Exhibit A. d. Source: South Fork of the South Platte River and Burlingame Spring. d. Date of Appropriation: June 10, 1969. e. Storage Amount: 17.1 acre feet and a refill right of 17.1 acre feet. f. Uses: (i) Irrigation of approximately 50 acres in Section 21, domestic use in a single-family dwelling, recreational including fish and wildlife habitat, fire protection and stock watering uses, all absolute as decreed in Case No. 79CW370. (ii) Re-use and successive use of all stored waters to extinction, conditional. 4. Claim to make absolute: In Case No. 79CW370, Burlingame Reservoir was decreed absolute for irrigation of approximately 50 acres in Section 21, domestic use in a single-family dwelling, recreational including fish and wildlife habitat, fire protection and stock watering uses, and conditional for re-use and successive use of all stored waters to extinction. The reservoir was filled in-priority during the spring of 2019 and was full on or before June 26, 2019. See Exhibit B on file with the Court (diversion and call records). Pursuant to C.R.S. § 37-92-301(4)(e), Applicant requests a finding that the Burlingame Reservoir water right has been made absolute for all decreed uses in the amount of 17.1 acre feet and a refill right of 17.1 acre feet. 5. In the alternative, Applicant requests a finding of reasonable diligence for any remaining conditional portions of the water right for Burlingame Reservoir. a. In Case No. 05CW151, by decree dated June 17, 2013, this Court granted the prior application for finding of reasonable diligence and continued the conditional water right that is the subject of this Application in full force and effect. The decree in that case required that an application for finding of reasonable diligence or to make the conditional water right absolute be filed by last day of June, 2019. b. During the applicable diligence period, Applicant has taken significant steps to further develop the project, complete the appropriation, and apply water to beneficial use as decreed. These activities include, without limitation: i. Applicant has continued to maintain and operate the water rights on Winding River Ranch, including Burlingame Reservoir, for all decreed purposes. ii. Applicant installed totalizing flow meters on the inlet to Burlingame Reservoir and at several other locations in Applicant’s reservoir system, in order to allow Applicant to properly account for water usage under the subject water right iii. Applicant obtained a Water Court decree approving a plan for augmentation for its reservoir system, which includes Burlingame Reservoir, in Case No. 15CW3145, Water Division 1. iv. Applicant has monitored the water court resumes, evaluated water rights filings by other water users, and in at least one instance has filed a statement of opposition to protect its water rights, including the subject conditional water right. v. Applicant has engaged attorneys, consultants and contractors to assist with the activities described above. vi. The list of activities contained herein is not intended to be exhaustive, and Applicant reserves the right to present additional evidence of reasonable diligence if necessary or appropriate. c. Applicant’s total expenditures on the activities described above are difficult to calculate but are conservatively estimated to be in excess of $225,000. 6. Name and address of owners of land upon

which any new or existing diversion or storage structures, or modifications to existing diversion or storage structures are or will be constructed or upon which water is or will be stored: There are no new structures, and Applicant is the owner of the land where Burlingame Reservoir is located. 19CW3127 (2012CW283, 2006CW50, CONS. 98CW235/98CW233, 90CW10 AND W-2929 (AREA III)) – COLORADO DIVISION OF PARKS AND WILDLIFE AND THE PARKS AND WILDLIFE COMMISSION, 6060 Broadway, Denver, Colorado 80216.(Please address all correspondence and inquiries regarding this matter to Steven P. Jeffers (sjeffers@lyonsgaddis.com), Madoline Wallace-Gross (mwg@lyonsgaddis.com), and Carey S. Smith (csmith@lyonsgaddis.com), Lyons Gaddis Kahn Hall Jeffers Dworak & Grant, P.C., 363 Centennial Pkwy., Suite 110, Louisville, CO., 303-776-9900 AND Joseph G. Phillips, joe.phillips@coag.gov, 720-508-6265 and Heather A. Warren, heather.warren@coag.gov, 720-508-6266, 1300 Broadway, 7th Floor, Denver, CO 80203. Application for Finding of Reasonable Diligence and to Make Conditional Water Rights Absolute, In MORGAN COUNTY 1. Names, mailing addresses, email addresses, and telephone numbers of applicants: Ruland Farms, LLLP (“Ruland Farms”), Attn: Ginger Bailey, P.O. Box 38, Orchard, CO 80649, ginger@theteallodge.com,970-768-5356. Colorado Division of Parks and Wildlife and Parks and Wildlife Commission (“CPW”), c/o Water Unit, 6060 Broadway, Denver, CO 80216, ed.perkins@state.co.us, 303-297-1192. Ruland Farms and CPW collectively are referred to as the “Applicants.” Please send pleadings to: Steven P. Jeffers, Madoline Wallace-Gross, Carey S. Smith V, Lyons Gaddis 363 Centennial Parkway, Ste 110, Louisville, CO 80027-1619, Joseph G. Phillips, Heather A. Warren, Assistant Attorneys General, 1300 Broadway, 7th Floor, Denver, CO 80203. 2. Describe the conditional water rights: A. Information from Previous Decrees: i. The original decree was entered in Case No. W-2919 (Area III), District Court, Water Division No. 1 on April 1, 1986. ii. Diligence decrees were entered in the District Court, Water Division No. 1 in: Case No. 90CW10 on March 28, 1992, as corrected September 28, 1999; Cons. Case Nos. 98CW235 and 98CW233 on February 24, 2000; Case No. 06CW50 on December 27, 2006, and Case No. 12CW283 on June 10, 2013. B. Storage and Recharge Ponds: All ponds are located in Township 5 North, Range 60 West, 6th PM, Morgan County. All ponds are allowed to fill and refill when in priority. The decreed amount for each pond is stated below:

Ponds Legal Description Amount af

Redhead Pond NW1/4 NW1/4, Section 28 9.3 Wood Duck Pond NW1/4 NE1/4 and SW1/4 NE1/4, Section 28 13.5 Linda’s Pond SW1/4 NW1/4, Section 28 52.8 Mallard Pond SW1/4 NE1/4, Section 28 81.6 Marina Pond SE1/4 NE1/4, Section 28 56.8 Homestead Pond SE1/4 NE1/4, Section 28 5.4 Clark Pond NE1/4 SW1/4, Section 28 178.4 Muskrat Pond NE1/4 SE1/4 and NW1/4 SE1/4, Section 28 3.2 L-Shape Pond SW1/4 SW1/4, Section 28 6.9 Teal Pond SW1/4 SW1/4, Section 28 2.7 Eagle Tree Pond SE1/4 SW1/4, Section 28, and NE1/4 NW1/4, Section 33 42.0 Dead Tree Pond SW1/4 SE1/4, Section 28 32.4 Seep Pond SW1/4 SE1/4, Section 28 2.0 Intake Pond SE1/4 SE1/4, Section 28 4.8 Dead Cow Pond SW1/4 SW1/4, Section 28, and NW1/4 NW1/4, Section

33 71.2

Oilwell Pond NE1/4 NE1/4, Section 29 6.9 Quail Pond Center NE1/4, Section 29 13.5 Catfish Pond SW1/4 NE1/4, Section 29 25.2 Decoy Pond SE1/4 NE1/4, Section 29 33.0 Willoughby Pond SE1/4 NE1/4 and NE1/4 SE1/4, Section 29 61.8 Ringneck Pond NW1/4 SE1/4, Section 29 23.6 Carp Pond NE1/4 SE1/4, Section 29 23.5 Pump Pond Center SE1/4, Section 29 37.8 Pike Pond NW1/4 SE1/4, Section 29 50.5 High Pond NW1/4 NE1/4, Section 32 15.0 3 Island Pond SW1/4 NE1/4, Section 32 70.2 1 Island Pond SW1/4 NE1/4, NE1/4 SW1/4, SE1/4 NW1/4, Section 32 50.0 Cook Pond SE1/4 NW1/4, Section 32 13.5 Marsh Pond NE1/4 NW1/4, Section 32 3.2 40-Acre Pond NE1/4 SW1/4, Section 32 19.5

i. Decreed Source of Water: South Platte River via the Riverside Canal, the headgate of which is located on the north side of the South Platte River in the SW1/4 of Section 20, Township 5 North, Range 63 West, 6th P.M. in Weld County. ii. Decreed Filling Rate: Diversions are limited to 50 cfs if measured at the river headgate into the Riverside Canal, 37.5 cfs if measured at the intake to Riverside Reservoir, and shall not exceed 20 cfs into any one or more of the storage and recharge ponds. iii. Decreed Appropriation Date: June 30, 1975. iv. Decreed Uses: All ponds were decreed absolute in the amounts set forth in ¶ 2.B. for livestock, piscatorial, wildlife habitat and recreation purposes in Case No. 90CW010 and for augmentation purposes in Case No. 06CW50. As of the beginning of this diligence period, the amounts in ¶ 2.B. above remained conditional for irrigation and domestic uses, except for Willoughby, Ringneck, Carp, Pump, Pike and Wood Duck Ponds. Willoughby, Ringneck, Carp, Pump and Pike Ponds were decreed absolute for irrigation in Case No. 90CW10 for irrigation of 7.5 acres and 1.6 acres in Plot Numbers 3 and 5 as described in ¶7 of Case No. W-2919 (Area III). Wood Duck Pond was decreed absolute for 0.5 acre feet in Cons. Case Nos. 98CW235/98CW233 for lawn irrigation (domestic use), with 13.0 acre-feet remaining conditional. v. Claim to Make Absolute in Whole or in Part: a. To the extent not already awarded absolute water rights pursuant to prior decrees, Applicants claim ABSOLUTE water rights for irrigation purposes for each pond in the full amounts listed for each in ¶ 2.B. b. Applicants claim ABSOLUTE water rights for domestic purposes for each pond in the full amounts listed for each in ¶ 2.B. c. Remarks: Colorado Revised Statutes § 37-92-103(4) includes storage of water as a beneficial use for any purpose for which an appropriation is made. Section 37-92-301(4)(e) provides that a conditional water right shall be made absolute for all decreed purposes to the extent that a volume of water was stored in the storage structure. d. Dates and Amounts: Between November 5, 2014 and October 31, 2015, Applicants filled and refilled the ponds in-priority up to each pond’s full decreed amount as described in ¶ 2.B for all decreed beneficial uses. The total combined capacity of the ponds is 1,010.2 af, and the annual summary of diversion records attached hereto as EXHIBIT A shows that Applicants filled and refilled the ponds to 2,428.91 af during the 2015 water year. C. Well Names and Locations: All wells are located in Township 5 North, Range 60 West, 6th PM, Morgan County. The decreed rate for each well is stated in c.f.s. below.

30

Well Legal Description Flow Rate cfs

B SW1/4 NW1/4, Section 34, 2,430 feet from the north line and 600 feet from the west line of Section 34.

2.2

C NW1/4 SW1/4, Section 28, 2,150 feet from the south line and 50 feet from the west line of Section 28.

2.0

D SE1/4 NW1/4, Section 28, 3,400 feet from the south line and 2,625 feet from the west line of Section 28.

2.0

E SE1/4 SW1/4, Section 28, 50 feet from the south line and 1,800 feet from west line of Section 28.

2.0

F NE1/4 SE1/4, Section 28, 1,620 feet from the south line and 4,335 feet from the west line of Section 28.

2.0

H NE1/4 SW1/4, Section 32, 1,320 feet from the south line and 3,960 feet from the west line of Section 32.

2.0

I SE1/4 NE1/4, Section 32, 2,382 feet from the north line and 515 feet from the east line of Section 32.

2.0

i. Decreed Source of water: Groundwater .ii. Decreed Appropriation date: June 30, 1975. iii. Decreed Amounts: Each well remains conditional and is limited to 300 acre feet annually at the rate identified in paragraph 2.C. iv. Decreed Use: Irrigation of not more than 1,200 acres in Sections 27, 28, 29, 30, 32, 33 and 34, as more specifically described in the decree in Case No. W-2919 (Area III). v. Claim to Make Absolute in Whole or in part: Not applicable. 3. Integrated Water Supply System: The ponds and wells described above each constitute a feature of an integrated water system. “When a project or integrated system is comprised of several features, work on one feature of the project or system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system.” C.R.S. § 37-92-301(4)(b). 4. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: During the diligence period, in addition to diverting the water rights described in ¶ 2.B. for beneficial use, Applicants undertook the following work in furtherance of these conditional water rights, including the following: A. Ruland Farms: i. In 2013, the remaining three water measuring devices were upgraded to electronic sutrons at a cost of $4,500. This cost was borne by Ruland Farms and CPW. ii. In 2016, Ruland Farms installed a check structure in the Riverside ditch at a cost of $46,500. This expenditure allowed for more immediate and more flexible water retention. iii. Ruland Farms expended more than 3,000 man-hours on regular monitoring and maintenance of the ponds and ditches which equates to a cost of over $100,000. iv. In addition to routine monitoring, Ruland Farms put in more than 250 hours operating heavy equipment for work on new drop structures and culverts, digging out invasive cattails, mitigating gopher damage on dams, repairing washed out ditches, renewing ditch systems to deliver more water throughout the property, restoring shoreline erosion, and other related projects. v. Ruland Farms incurred direct costs of more than $8,000 for regular maintenance and repair of dams, ditches, and measuring services including the purchase of drop structures, culvert, concrete, and solar chargers. B. CPW: i. In 2013, CPW expended 20 man-hours to conduct maintenance of ditches, shaping, weed control, and rebuilding of banks. Further, CPW expended 50 man-hours of labor to install new water control structures. CPW also conducted monthly water court resume maintenance to evaluate for potential injury to the subject water rights. ii. In 2014, CPW expended 20 man-hours to conduct maintenance of ditches, shaping, weed control, and rebuilding of banks, with an additional $500 in materials costs. CPW also conducted monthly water court resume maintenance to evaluate for potential injury to the subject water rights. iii. In 2015, CPW expended 40 man-hours to conduct maintenance of ditches, shaping, weed control, and rebuilding of banks, with an additional $500 in materials costs. CPW also conducted monthly water court

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resume maintenance to evaluate for potential injury to the subject water rights. iv. In 2016, CPW expended 20 man-hours to conduct maintenance of ditches, shaping, weed control, and rebuilding of banks. Further, CPW expended 30 man-hours of labor to install new water control structures, with an additional $2,500 in materials costs. CPW also conducted monthly water court resume maintenance to evaluate for potential injury to the subject water rights. v. In 2017, CPW expended 15 man-hours to conduct maintenance of ditches, shaping, weed control, and rebuilding of banks. Further, CPW expended 20 man-hours of labor to install new water control structures, with an additional $5,000 in materials costs. CPW also conducted monthly water court resume maintenance to evaluate for potential injury to the subject water rights. vi. In 2018, CPW expended 25 man-hours to conduct maintenance of ditches, shaping, weed control, and rebuilding of banks, with an additional $500 in materials costs. CPW also conducted monthly water court resume maintenance to evaluate for potential injury to the subject water rights. C. Affidavits from employees of Ruland Farms and CPW are attached hereto as EXHIBITS B, C ,and D. 5. Name and address of owner or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: A. Applicants own the lands upon which all of the storage and recharge ponds and Wells C, D, E, F, H and I are located. B. The land on which Well B is located is owned by Charles Thompson, 3469 County Rd. Y.5, Weldona, CO 80653. WHEREFORE, Applicants respectfully request that this Court enter a decree: (1) finding that Applicants have made the conditional water rights described in ¶ 2.B. absolute for all decreed uses; (2) finding that Applicants have exercised reasonable diligence in the development of the conditional water rights in ¶ 2.C; (3) confirming that the conditional water rights are part of an integrated water system and that due diligence as to any one component constitutes due diligence on all parts of such system; (4) continuing the conditional water rights in full force as decreed; and (5) for such other and further relief as this Court deems just and proper. 19CW3128 (2012CW185)(2000CW193)(1991CW55) PUBLIC SERVICE COMPANY OF COLORADO, A COLORADO CORPORATION (“PSCo”) 1800 Larimer Street, Suite 1300, Denver, Colorado 80202 (303) 294-2198. Please direct all correspondence or inquiries regarding this matter to the attorneys for the Applicant: Carolyn F. Burr, James M. Noble, Jens Jensen, WELBORN SULLIVAN MECK

& TOOLEY, P.C., 1125 – 17th Street, Suite 2200, Denver, Colorado 80202, Telephone: (303) 830-2500. APPLICATION FOR FINDING OF REASONABLE DILIGENCE FOR A CONDITIONAL WATER RIGHT AND FOR A FINDING THAT A PORTION OF THE WATER RIGHT HAS BEEN MADE ABSOLUTE IN DENVER AND ADAMS COUNTIES. 2. Name of Structures: This application relates to the water right decreed in Case No. 91CW55 for the Cherokee Pipeline. A decree was entered in Division 1 Case No. 00CW93 on July 6, 2006, finding that a portion of the water right had been made absolute, and that PSCo had exercised reasonable diligence with respect to the remainder of the conditional water right. A decree was entered in Division 1, Case No. 12CW185 on June 10, 2013 finding that PSCo had exercised reasonable diligence with respect to the conditional water right. 3. Description of Conditional Water Rights: The Cherokee Pipeline water right was originally decreed on May 17, 1994 by the Division No. 1 Water Court in Case No. 91CW55. Water diverted under the Cherokee Pipeline water right is beneficially used at the Cherokee Steam Electric Generating Station (the “Cherokee Station”). See the map attached as Exhibit A depicting the locations of the structures related to this water right. 3.1. Point of Diversion: The Fisher Ditch Headgate. The Fisher Ditch diverts from the Fisher Ditch Headgate on the south bank of Clear Creek about four miles upstream from its confluence with the South Platte River. The Fisher Ditch diverts from a point in the Northwest 1/4 of the Northwest 1/4 of Section 17, Township 3 South, Range 68 West, in Adams County at a point that is approximately 60 feet east and 200 feet south of the northwest corner of said section. The Fisher Ditch then flows in an easterly direction to Copeland Reservoir. Copeland Reservoir islocated in the Southeast 1/4 of the Northeast 1/4 of Section 10, Township 3 South, Range 68 West in Adams County. The water is then delivered by gravity through the Cherokee Pipeline, a 24 inch pipe that delivers water from Copeland Reservoir to Cherokee Station. The Cherokee Station is located in the East Half of Section 11, Township

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3 South, Range 68 West. 3.2. Source: Clear Creek. 3.3. Appropriation Date: July 31, 1991. 3.4. Amount: 35.00 c.f.s. (18.76 c.f.s. Conditional, 16.24 c.f.s. Absolute). 3.5. Decreed Use: Direct application for industrial use at the Cherokee Station or for storage in the Copeland Reservoir for subsequent application at the Cherokee Station, as well as for all purposes, including potable, domestic, piscatorial, firefighting, municipal, augmentation, exchange or replacement purposes. This claim includes the right to re-use, successively use and use to extinction at the Cherokee Station all water diverted under this priority. 4. Prior Decrees Finding Reasonable Diligence and Making Water Right Partially Absolute: 4.1. On July 6, 2006, the Division 1 Water Court entered a decree in Case No. 00CW193, finding that 16.24 c.f.s. of the water right had been made absolute, and that PSCo had exercised reasonable diligence with respect to the remainder of the conditional water right. 4.2. On June 10, 2013, the Division 1 Water Court entered a decree in Case No. 12CW185, finding that PSCo had exercised reasonable diligence with respect to the remainder of the conditional water right. 5. Claim to Make Portion of Conditional Water Right Absolute: PSCo claims that the Cherokee Pipeline water right should be made partially absolute. PSCo operated this water right in priority at a rate of 24.5 c.f.s. on April 11, 2016, and placed the water to beneficial use at the Cherokee Station. Therefore, PSCo claims that 24.5 cfs of the water right should be decreed as absolute, and 10.5 c.f.s. should remain conditional. 6. Evidence of Reasonable Diligence Towards Completing Appropriation: 6.1. During the diligence period, PSCo has diverted and beneficially used water pursuant to the Cherokee Pipeline water right on numerous occasions. See Exhibit B, attached for total diversion amounts from 2013 through 2018. PSCo has diligently monitored stream conditions and priority calls on Clear Creek to allow it to divert water pursuant to this water right on an ongoing basis. 6.2. PSCo has coordinated with the Fisher Ditch Company to improve the ditch structure from the diversion point on Clear Creek to approximately Federal Boulevard. This improvement allows the Fisher Ditch to convey water more efficiently and at a higher rate through the improved portions. PSCo and the Fisher Ditch Company have plans to improve the remaining segments of the ditch to improve flow rates throughout its length. 6.3. PSCo, in coordination with the Fisher Ditch Company, has planned to improve Copeland Reservoir, which is used for the delivery of the subject water rights, including shoring up the banks and maintaining the dam. 6.4. PSCo is a majority shareholder of the Fisher Ditch Company, which has obtained a $455,000 loan from the Colorado Water Conservation Board for the purposes of completing the ditch improvements described above that will improve the capacity and reliability of the Fisher Ditch. The Cherokee Pipeline water right is diverted through the Fisher Ditch and these improvements are expected to aid Cherokee in taking delivery of this water right. As a major shareholder of the Fisher Ditch Company, PSCo contributed substantially to the repayment obligations pursuant to this loan during the diligence period. 6.5. During the diligence period, PSCo participated as an objector in numerous Division 1 water court cases involving water rights and augmentation plans on Clear Creek in order to protect its existing water rights at the Cherokee Station. Some of these cases have concluded, and others are ongoing. Some of the cases in which PSCo has participated as an objector during the diligence period include Case Nos. 08CW141, 05CW112, 11CW237, 15CW3179, 17CW3105, 17CW3177, 17CW3210, 18CW3007, 18CW3090, 18CW3159, 18CW3225, 19CW3037, 19CW3055. 6.6. PSCo performed routine maintenance and repair work on the facilities and structures necessary for the development of the subject water rights. 7. Names and Addresses of 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. There are no other new or modified diversion or storage structures involved in this application. WHEREFORE, PSCo requests that the Court enter a decree finding that PSCo has satisfied the statutory standard of steady application of effort to complete the appropriation in a reasonably expedient and efficient manner under all the facts and circumstances, that reasonable diligence was performed during the diligence period in development of the conditional water rights, that a portion of the Cherokee Pipeline water right should be made absolute in the amount described above, and that the remaining conditional portion of the water right should continue.

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19CW3129 (2010CW262)(2000CW226) City of Boulder (“Boulder”), c/o Joe Taddeucci, P.E., Water Resources Manager, P.O. Box 791, Boulder, Colorado 80306-0791; Telephone: (303) 441-3205, E-Mail: taddeuccij@bouldercolorado.gov. Please send all pleadings and correspondence to attorneys for Applicant: Jessica L. Pault-Atiase, OFFICE OF THE BOULDER CITY ATTORNEY, 1777 Broadway, P.O. Box 791, Boulder, Colorado 80306-0791, Telephone: (303) 441-3020, E-Mail: pault-atiasej@bouldercolorado.gov and Douglas M. Sinor, TROUT RALEY, 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203, Telephone: (303) 861-1963, E-Mail: dsinor@troutlaw.com. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE CONDITIONAL WATER RIGHT ABSOLUTE IN PART in BOULDER COUNTY. 1. Name, mailing address, email address and telephone number of applicant: See above. 2. Introduction: By this application, Boulder seeks a determination that a portion of the conditional Windy Gap Exchange decreed in Case No. 2000CW226, District Court, Water Division No. 1, on October 15, 2004, has been made absolute, and a finding that Boulder has exercised reasonable diligence in the development of the remainder of the conditional water right. 3. Name of structure: Windy Gap Exchange. 4. Describe conditional water rights: a. Date of original decree: October 15, 2004. b. Case No.: 2000CW226. c. Court: District Court, Water Division No. 1. d. List of all subsequent decrees awarding findings of diligence: Case No. 2010CW262, District Court, Water Division No. 1, entered on June 19, 2013. e. Description of substitution and exchange: An appropriative right of substitution and exchange on Boulder Creek, Middle Boulder Creek and North Boulder Creek, whereby water available to Boulder from its 37 units of Windy Gap Project water is delivered to Boulder Creek at the outlet of the Boulder Creek Supply Canal to supply downstream appropriators, and an equivalent amount of water is diverted from Middle Boulder Creek at Barker Meadow Reservoir and/or Boulder City Pipeline #3 and/or from North Boulder Creek at Lakewood Pipeline, Silver Lake Pipeline, Silver Lake Reservoir, Island Lake, Goose Lake, Lake Albion, Green Lakes Reservoir #1, Green Lakes Reservoir #2, and/or Green Lakes Reservoir #3, for direct use or for storage for subsequent use by Boulder for each of the uses described in paragraph 4.k below. The substitution and exchange reach on Boulder Creek/Middle Boulder Creek is between the outlet of the Boulder Creek Supply Canal, as described in paragraph 4.f below, and Barker Meadow Reservoir, as described in paragraph 4.g.ii below, and the substitution and exchange reach on Boulder Creek/Norther Boulder Creek is between the outlet of the Boulder Creek Supply Canal and Goose Lake and Green Lakes Reservoir #3, as described in paragraphs 4.g.vii and 4.g.xi below. f. Location of exchange-from structure: Boulder Creek Supply Canal: The outlet of the Boulder Creek Supply Canal is located on the north bank of Boulder Creek in the NW1/4 SW1/4, Section 13, Township 1 North, Range 70 West, 6th P.M., at a point located approximately 200 feet from the west section line and 2,500 feet from the south section line of said Section 13, Boulder County, Colorado. g. Location of exchange-to structures (all in Boulder County, Colorado): i. Boulder City Pipeline #3: The pipeline intake from Barker Reservoir, located at a point whence the northwest corner of Section 17, Township 1 South, Range 72 West, 6th P.M., bears North 16°04' West a distance of 1920± feet. ii. Barker Meadow Reservoir: Barker Meadow Reservoir is located on the mainstem of Middle Boulder Creek in the W1/2 of Section 17 and in Section 18, Township 1 South, Range 72 West, of the 6th P.M. and in the E1/2 of Section 13, Township 1 South, Range 73 West, of the 6th P.M. iii. Lakewood Pipeline: The pipeline intake from Lakewood Reservoir also known as Headgate No. 1 of the Boulder City Pipeline (Lakewood Pipeline), located on North Boulder Creek at a point whence the SE corner of Section 1, Township 1 South, Range 73 West of the 6th P.M., bears South 3°15' East a distance of 2300±feet. iv. Silver Lake Pipeline: Headgate No. 3 of the Boulder City Pipeline, located at a point whence the NW corner of Section 34, Township 1 North, Range 73 West of the 6th P.M., bears North 77°35' West a distance of 1076± feet. v. Silver Lake Reservoir: Silver Lake Reservoir is located in Sections 20, 21, 28 and 29 of Township 1 North, Range 73 West, 6th P.M. vi. Island Lake: Island Lake is located in Sections 20 and 29, Township 1 North, Range 73 West, 6th P.M. vii. Goose Lake: Goose Lake is located in Sections 19 and 30, Township 1 North, Range 73 West, 6th P.M. viii. Lake Albion: Lake Albion is located in Section 18, Township 1 North, Range 73 West, 6th P.M. ix. Green Lakes Reservoir #1: Green Lakes Reservoir #1 is located in Section 18, Township 1 North,

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Range 73 West, 6th P.M. x. Green Lakes Reservoir #2: Green Lakes Reservoir #2 is located in Section 18, Township 1 North, Range 73 West, 6th P.M. xi. Green Lakes Reservoir #3: Green Lakes Reservoir #3 is located in Section 18, Township 1 North, Range 73 West, 6th P.M. h. Water and water rights to be used for substitution and exchange: Boulder owns a Water Allotment Contract with the Municipal Subdistrict, Northern Colorado Water Conservancy District, a political subdivision of the State of Colorado, for 37 units of Windy Gap Project water. Boulder’s pro rata share of the total of 480 units of the Windy Gap Project yields a maximum of 6,937.5 acre-feet per year. Boulder may divert up to 6,937.5 acre-feet per year of Windy Gap Project water for use as the substitute supply for the substitution and exchange. The water rights for the Windy Gap Project consist of the Windy Gap Pump, Pipeline and Canal, Windy Gap Pump, Pipeline and Canal First Enlargement, Windy Gap Pump, Pipeline and Canal Second Enlargement, and Windy Gap Reservoir. These water rights were originally decreed in Case No. C.A. 1768, Grand County District Court, on October 27, 1980, and in Case Nos. W-4001 and 80CW108, District Court, Water Division No. 5, on October 27, 1980. Windy Gap Project water is introduced, stored, carried and delivered in and through the components of the Colorado-Big Thompson Project. The source of the water for the Windy Gap Project is the Colorado River. i. Date of appropriation: December 20, 2000. j. Amount: 200 cfs maximum rate of diversion at any one or a combination of the exchange-to structures, described above, 92 cfs of which was decreed ABSOLUTE for diversion at Barker Meadow Reservoir for all uses in Case No. 2000CW226, and the remainder of which is CONDITIONAL. i. Pursuant to the decree entered in Case No. 2010CW262, Boulder made absolute the Windy Gap Exchange in the full decreed amount of 200 cfs to Barker Meadow Reservoir, including the 92 cfs which was decreed absolute in Case No. 2000CW226. k. Uses: All municipal purposes, including, without limitation, domestic, irrigation, commercial, industrial, power generation, fire protection, recreation, fish and wildlife preservation and propagation, exchange, substitution, augmentation, replacement and recharge, and all other beneficial uses, within the Boulder service area and outside the Boulder service area for such extra-territorial customers as Boulder may serve from time to time pursuant to City Charter and contracts. Such use shall include the right to make a fully consumptive first use of the water for the above described purposes and to use, reuse and successively use the water to extinction for the above described purposes. 5. Integrated system: These water rights are part of Boulder’s integrated water supply system. Pursuant to C.R.S. § 37-92-301(4)(b), when an integrated system is composed of several features, as is the case here, work on one feature of the system is considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire system. 6. Claim to make absolute: a. Date and amount of water applied to beneficial use: As shown on the summary of Windy Gap Exchange accounting attached to the application as Exhibit 1, Boulder operated the Windy Gap Exchange from the Boulder Creek Supply Canal in 2011, 2013, 2018, and 2019. Boulder first operated the Windy Gap Exchange to Silver Lake Reservoir on June 8, 2011. On June 18, 2019, Boulder operated the exchange to Silver Lake Reservoir at a maximum rate of 62.5 cfs. In addition, during June 2019 Boulder operated the Windy Gap Exchange from the Boulder Creek Supply Canal to Lake Albion and to Green Lakes Reservoir #3 at the maximum rates of 52.4 cfs (June 22, 2019) and 20 cfs (June 26, 2019), respectively. b. Use and description of place of use: Boulder used water made available by operation of the substitutions and exchanges within Boulder’s service area for municipal purposes as decreed in Case No. 2000CW262. 7. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: During the diligence period, Boulder continued to plan for and pursue the use of the subject conditional water rights as a component of its integrated water supply system. In furtherance of such use, Boulder has expended approximately $38.4 million on its integrated water supply system during the diligence period on work related to exercise and use of the subject conditional water rights. The work undertaken by Boulder during the diligence period includes but is not limited to the following, all of which relates to the completion of the appropriations and application of the subject conditional water rights to beneficial use as decreed: (1) inspection, design and rehabilitation of the Barker Gravity Pipeline (also known as the Boulder City Pipeline #3) at a cost of approximately $4,725,000; (2) inspection, design, testing and rehabilitation of the Barker Meadow Reservoir dam outlet and spillway gates at a cost

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of approximately $108,000; (3) completion of a seismic analysis for Barker Meadow Reservoir dam at an approximate cost of $65,000; (4) design and re-facing of the Kossler Reservoir southeast dam at a cost of approximately $680,000; (5) development of a hazard classification for the Island Lake dam in the Silver Lake Watershed at a cost of approximately $11,000; (6) inspection and rehabilitation of the outlet works for Silver Lake Reservoir, Goose Lake Reservoir, and Green Lakes Reservoirs at a cost of approximately $72,000; (7) rehabilitation and solar power upgrades of the Silver Lake Diversion structure at a cost of approximately $257,000; (8) rehabilitation of the diversion gates for Lakewood Reservoir at a cost of approximately $2,000; (9) repair of the outlet works and alternatives analyses for rehabilitation of the Lake Albion dam at a cost of approximately $225,000; and (10) design and construction of facility and treatment process upgrades at the Betasso Water Treatment Plan at a cost of approximately $32,180,000. During the diligence period, Boulder also spent in excess of $1.5 million for legal and engineering services in connection with the water rights that are part of its integrated water supply system and for participating as an objector in various Water Court cases to protect its water rights, including the subject substitutions and exchanges, from injury due to claims of other water users. 8. Name and address of owner 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: No new diversion or storage structures or modification to any existing diversion or storage structure or existing storage pool is or will be constructed. Applicant is the owner of the land upon which water is or will be stored. WHEREFORE, Boulder requests the Court to enter a decree 1) determining that the Windy Gap Exchange from the Boulder Creek Supply Canal has been made absolute for all decreed uses: to Silver Lake Reservoir in the amount of 62.5 cfs, to Lake Albion in the amount of 52.4 cfs, and to Green Lakes Reservoir #3 in the amount of 20 cfs; 2) finding that Boulder has exercised reasonable diligence in the development of the subject conditional water rights, and 3) continuing the remaining portion of the subject conditional water rights in full force and effect for an additional diligence period. 7 pages 19CW3130 (12CW277) (06CW115) (95CW247). Lake George Company, c/o Everett L. Johnson, President, 720 S. Colorado Blvd., Suite 462-S, Denver, Colorado 80246, Phone: (303) 753-9281. Attorneys for Applicant: Richard A. Johnson, 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 PARK COUNTY. Name and Description of Conditional Water Right. Name of Structure. Lake George (a/k/a Lidderdale Reservoir). Original and Subsequent Decrees. Lake George was originally decreed a storage right for 734 acre-feet, absolute, for domestic and ice cutting uses, in Case No. 1636, by the District Court in and for Park County, Colorado. In that case, Lake George was awarded Reservoir Priority No. 6, with an adjudication date of May 22, 1913 (original adjudication) and an appropriation date of August 31, 1890. Lake George was subsequently decreed a conditional storage right for 156.5 acre-feet absolute for recreational and piscatorial purposes and conditional for augmentation and exchange purposes, with an additional 577.5 acre-feet conditional for recreational, piscatorial, augmentation, and exchange purposes, in Case No. 95CW247, Water Division 1. The 577.5 acre-feet represented capacity which historically existed in the reservoir but which had been the subject of silting. The conditional rights decreed in Case No. 95CW247 were continued in full pursuant to the decrees entered in Case Nos. 06CW115 and 12CW277, Water Division 1. Legal Description of Structure. Lake George is located in Sections 29 and 30, Township 12 South, Range 71 West of the 6th P.M., in Park County, Colorado. The spillway is located in the SE1/4 of the NE1/4 of Section 30, Township 12 South, Range 71 West of the 6th P.M., where the midpoint of the spillway crest is at a point approximately 1,420 feet south of the north section line and 1,100 feet west of the east section line of said Section 30. A map showing the general location of Lake George is attached as Exhibit A. Decreed Source. The south fork of the South Platte River, tributary to the South Platte River. Decreed Amounts and Uses. The conditional water right that is the subject of this application is the 156.5 acre-feet for augmentation and exchange purposes, and the additional 577.5 acre-feet conditional for recreational, piscatorial, augmentation, and exchange purposes. Date of Appropriation.

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December 21, 1994. Claim for Finding of Reasonable Diligence. Applicant seeks to continue as conditional the water right originally decreed in Case No. 95CW247 as described above. During the subject diligence period, the following activities were performed proving Applicant’s intention to put the subject water right to beneficial use and the actions taken by Applicant to do so: On February 28, 2019, Applicant filed an application in the Division 1 Water Court claiming an absolute water right for Lake George for a total of 156.5 acre-feet for augmentation and exchange purposes, and an additional 10.1 acre-feet for recreational, piscatorial, augmentation, and exchange purposes. That application was assigned Case No. 19CW3035. Since filing the application, Applicant has been working with the Division Engineer and Water Commissioner to either prove up the absolute claim in that case or modify its accounting so that the subject water right can be made absolute at a later point in time. During the spring of 2019, Applicant and Applicant’s counsel have spoken to communities and water providers in the Lake George area, and that receive municipal and domestic water supply from Lake George, regarding water supply operations that directly impact the subject conditional water rights and the decree entered in Case No. 95CW247. Applicant has also continued to measure, record, and account for diversions into Lake George, including the water rights decreed in this matter and the other water rights that are decreed to be stored in the reservoir, and has incurred other fees and expenses associated with maintaining and developing the subject conditional water right. Name of Landowner upon which any New or Modified Diversion Structure is Located. Lake George is on land owned by Applicant. 5 pages. 19CW3131 REJECTED APPLICATION 19CW3132 TDK HOLDINGS, LLC, c/o: Antonio L. Converse, 600 17th Street, Suite 2800 South, Denver, CO 80202. Please direct all future pleadings and correspondence to Austin Hamre, Esq., Hamre, Rodriguez, Ostrander & Dingess, P.C., 3600 S. Yosemite St., # 500, Denver, CO 80237; telephone 303.779.0200. Email: mail@hrodlaw.com. Application for Finding of Reasonable Diligence in JEFFERSON COUNTY. 2. Name of Structure: Deer Creek Canon Pumping Plant. 3. Description of Conditional Water Right: a. Date of Original Decree: 01CW064, decreed on September 13, 2002, Water Division 1. b. Subsequent Decrees Finding Reasonable Diligence: 08CW211 decreed on June 3, 2013. c. Legal Description: The Pumping Plant Water Right is located at a point on the west bank of Deer Creek in the Northwest Quarter of Section 7, Township 6 South, Range 69 West of the 6th P.M., Jefferson County, Colorado, at a point 1,603 feet distant from the point where Deer Creek crosses the west line of said Section 7. d. Source: Deer Creek, a tributary to the South Platte River. e. Date of Appropriation: April 12, 2001. Amount: Rate of Diversion: 2.1 c.f.s., (940 g.p.m.) CONDITIONAL, up to a maximum of 140 a.f./yr. f. Decreed Uses: Water diverted pursuant to the Pumping Plant Water Right will be stored in Mann Reservoir and then used for domestic, irrigation, commercial, augmentation and other beneficial uses associated with the operation and irrigation of the Deer Creek Golf Course and related wetlands. Water stored in Mann Reservoir under the Pumping Plant Water Right will be pumped from Mann Reservoir into Massey Draw and re-diverted into one or more of five ponds located on the golf course, as described in the decree entered in Case No. 98CW409. The water will be used to irrigate approximately 102 acres of the golf course, as well as approximately 8 acres of open space, landscaping and parks associated with the golf course, and approximately 10 acres of maintained wetlands mitigation sites described in the decree entered in Case No. 95CW60. 4. Outline of Work Done Toward Completion: a. The Pumping Plant Water Right is part of an integrated system of water rights used to irrigate the Deer Creek Golf Course and associated grounds and wetlands. The following represents specific work performed and costs incurred during the diligence period on facilities necessary to put the subject water right to its decreed beneficial uses: b. In 2017 Applicant purchased the water rights used to irrigate the Deer Creek Golf Course, including the Subject Water Right, together with the associated structures and easements, from its predecessor Maya Water, Inc. c. Applicant’s predecessor paid consultants to develop accounting forms for administration of the water rights used on the Deer Creek Golf Course. In 2018 Applicant had meetings with its consultant and with water administration officials regarding operation of the water rights system, record keeping and related administration issues. d. In

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2017 Applicant repaired a break in the pipeline carrying water from the diversion point to the golf course, and replaced the pump, pump motor, flow meter and related hardware at a combined cost in excess of $55,000. e. In 2018 Applicant expended approximately 60 man-hours removing sediment that was blocking the diversion intake structure in the Deer Creek stream channel. However, shortly after diversions began, the engine driving the pumping plant suffered a major failure, ending diversions from that location for the year. The engine was rebuilt over the winter. f. In the spring of 2019 the engine again failed. Applicant rented temporary pumps to divert water and to bypass the pumping plant at a cost to date of approximately $22,000. g. Due to the junior priority of the Pumping Plant Water Right, hydrologic conditions during the diligence period, and the seasonal nature of flows in Deer Creek, no water has been diverted under the subject Pumping Plant Water Right during the diligence period. 5. Amount Claimed Absolute: None. 6. Names and addresses of owners or reputed owners of the land upon which diversion and storage structures are located or are to be constructed: County of Jefferson, 1700 Arapahoe St., Golden CO 80419. WHEREFORE, Applicant respectfully requests the Court make a finding that Applicant has been reasonably diligent in its effort to complete the Deer Creek Canon Pumping Plant Water Right, and enter an order continuing that right for another diligence period and such other relief as the Court deems proper. (7 pages including exhibits) AMENDMENTS 18CW3221 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 FOR SURFACE WATER RIGHT IN WELD AND MORGAN COUNTIES. This First Amended Application for Surface Water Right adds one additional recharge site to the claim for surface water right described in the original application filed in this case on December 27, 2018. In addition, based on the location of this additional recharge site, the amendment adds three additional reaches of the Bijou Canal as claimed locations where recharge accretions from ditch loss will occur and be utilized. The Bijou Irrigation Company claims that this first amendment relates back to the original application. 2. Background Information: The Bijou Irrigation Company (“Bijou”) is developing a water project with the United States Department of the Interior – Bureau of Reclamation (“Reclamation”), Ducks Unlimited, Inc. (“DU”), and Colorado Parks and Wildlife (“CP&W”) to, in part, increase the availability and persistence of multi-purpose waterfowl foraging habitats through the development and construction of new habitat locations. Project water will be delivered to recharge sites located on land owned by Reclamation for use as described in this application, and also to a recharge site owned by Bijou. In addition, Bijou is completing agreements with DU, Morgan County Quality Water District (“MCQWD”), and Morgan County, Colorado, through its Board of County Commissioners (“Morgan County”) concerning the use of recharge accretions generated by the water right described in this application (the “2018 DU Project Right”). 3. Names of Structures: A. Bijou Canal B. 2018 DU Project Pipeline 1 C. 2018 DU Project Pipeline 2 D. Kosman Pond Lateral E. Recharge Sites (as described in Paragraphs 4.E.i and 4.E.ii, below) 4. Legal Description of the Structures: A. Point of Diversion – Bijou Canal headgate. The 2018 DU Project Right will be diverted at and through the Bijou Canal, which 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, at a point approximately 95 feet west from the east section line and 604 feet south from the north section line of Section 13. UTM Zone 13; NAD 83; Easting 552956 Northing 4463156 B. 2018 DU Project Pipeline 1. The 2018 DU Project Pipeline 1 will take water from the Bijou Canal, and will deliver that water to the recharge sites described in Paragraph 4.E.i, below, that are located in Sections 24, 26, 27, and 35, Township 4 North, Range 59 West, 6th P.M. The exact location of this pipeline and its intake point on the Bijou Canal has not yet been determined, but it is anticipated the intake will be located at a point on the Bijou Canal in the NW1/4 SW1/4 of Section 21, Township 4 North, Range 59 West, 6th P.M, and will run east from this point to the recharge sites. C. 2018 DU Project Pipeline 2. The 2018 DU Project Pipeline

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2 will take water from the Bijou Canal, and will deliver that water to the recharge site described in Paragraph 4.E.i that is located in Section 19, Township 4 North, Range 60 West, 6th P.M. The exact location of this pipeline and its intake point on the Bijou Canal has not yet been determined, but it is anticipated the intake will be located at a point on the Bijou Canal in the SE1/4 SW1/4 of Section 19, Township 4 North, Range 60 West, 6th P.M., and will run north and east from this point to the recharge site. D. The Kosman Pond Lateral will be the point on the Bijou Canal at which water is removed from the canal for delivery into the Kosman Pond described in Paragraph 4.E.i, below, that is located in Section 6, Township 2 North, Range 57 West, 6th P.M. The location of the inlet for the Kosman Pond Lateral is on the Bijou Canal in the NW1/4 SW1/4 of Section 6, Township 2 North, Range 57 West, 6th P.M., at a point that is approximately 140 feet from the west line and 1,660 feet from the south line of Section 6. The Kosman Pond is located approximately 530 feet south of this point in the SW1/4 SW1/4 of Section 6. E. Recharge Sites. The water diverted under the 2018 DU Project Right will be delivered through the Bijou Canal and either the 2018 DU Project Pipeline 1, the 2018 DU Project Pipeline 2, or the Kosman Pond Lateral to the following recharge sites: i. Recharge Sites (Anticipated size and location)

RECHARGE

SITE

ESTIMATED

CAPACITY (af)

SURFACE

AREA (acres)

LOCATION

Lantz N1 5.81 4.15 SW1/4 SE1/4 of Section 24, T4N,

R59W, 6th P.M.

Lantz N2 6.85 3.54 SW1/4 SE1/4 and SE1/4 SE1/4 of

Section 24, T4N, R59W, 6th P.M.

Lantz N3 9.34 7.01 SW1/4 SE1/4, SE1/4 SE1/4, and

NE1/4 SE1/4 of Section 24, T4N,

R59W, 6th P.M.

Lantz N4 24.56 14.88 NE1/4 SW1/4, NW1/4 SE1/4,

SE1/4 SW1/4, and SW1/4 SE1/4

of Section 24, T4N, R59W, 6th

P.M.

Lantz N5 54.16 14.46 SE1/4 SW1/4 of Section 24, T4N,

R59W, 6th P.M.

Lantz N6 11.04 6.71 SW1/4 SW1/4and SE1/4 SW1/4

of Section 24, T4N, R59W, 6th

P.M.

Lantz N7 6.73 4.47 NE1/4 SW1/4 of Section 24,

T4N, R59W, 6th P.M.

Lantz N8 7.29 6.15 NE1/4 SW1/4 of Section 24,

T4N, R59W, 6th P.M.

Lantz N9 14.26 7.33 NW1/4 SW1/4 and NE1/4

SW1/4 of Section 24, T4N,

R59W, 6th P.M.

Lantz N10 3.11 1.99 SW1/4 NW1/4, SE1/4 NW1/4,

and NE1/4 SW1/4 of Section 24,

T4N, R59W, 6th P.M.

Lantz N11 0.77 1.00 SE1/4 NW1/4 of Section 24,

T4N, R59W, 6th P.M.

Lantz N12 1.04 1.24 SE1/4 NW1/4 of Section 24,

T4N, R59W, 6th P.M.

Lantz N13 38.07 9.54 SE1/4 NW1/4, SW1/4 NE1/4,

39

and NE1/4 SW1/4 of Section 24,

T4N, R59W, 6th P.M.

Lantz N14 6.51 3.43 SW1/4 NE1/4 of Section 24,

T4N, R59W, 6th P.M.

Lantz N15 35.51 14.06 SW1/4 NW1/4 of Section 24,

T4N, R59W, 6th P.M.

Lantz N16 31.55 18.79 NW1/4 NW1/4 and SW1/4

NW1/4 of Section 24, T4N,

R59W, 6th P.M.

Lantz N17 48.45 11.89 NW1/4 NW1/4 of Section 24,

T4N, R59W, 6th P.M.

Lantz N18 34.45 9.59 NE1/4 NW1/4 of Section 24,

T4N, R59W, 6th P.M.

Lantz N19 14.06 6.63 NW1/4 NE1/4 of Section 24,

T4N, R59W, 6th P.M.

Lantz S1 22.63 12.55 NW1/4 NW1/4 and SW¼ NW¼

of Section 35, T4N, R59W, 6th

P.M.

Lantz S2 21.01 10.79 NW1/4 NW1/4, SW1/4 NW1/4,

and SE1/4 NW1/4 of Section 35,

T4N, R59W, 6th P.M.

Lantz S3 21.47 8.44 SW1/4 SW1/4 of Section 26,

T4N, R59W, 6th P.M.

Lantz S4 20.98 6.12 NW1/4 SW1/4 and SW1/4

SW1/4 of Section 26, T4N,

R59W, 6th P.M.

Lantz S5 3.54 3.52 NW1/4 SW1/4, SE1/4 NW1/4,

and NE1/4 SW1/4 of Section 26,

T4N, R59W, 6th P.M.

Lantz S6 15.82 8.63 SE1/4 NW1/4 of Section 26,

T4N, R59W, 6th P.M.

Lantz S7 10.15 8.91 NE1/4 NW1/4, SE1/4 NW1/4,

and SW1/4 NE1/4 of Section 26,

T4N, R59W, 6th P.M.

Lantz S8 25.69 9.29 SW1/4 NW1/4 of Section 26,

and SE1/4 NE1/4 of Section 27,

T4N, R59W, 6th P.M.

Lantz S9 0.69 0.47 SE1/4 NE1/4 of Section 27, T4N,

R59W, 6th P.M.

Lantz S10 3.17 1.71 SW1/4 NW1/4 of Section 26,

T4N, R59W, 6th P.M.

Lantz S11 9.41 3.33 NW1/4 NW1/4 and SW1/4

NW1/4 of Section 26, and

NE1/4 NE1/4 and SE1/4 NE1/4

of Section 27, T4N, R59W, 6th

P.M.

Lantz S12 61.26 21.56 NW1/4 NW1/4 and SW1/4

40

NW1/4 of Section 26, T4N,

R59W, 6th P.M.

Lantz S13 4.38 1.54 NW1/4 NW1/4 of Section 26,

T4N, R59W, 6th P.M.

Lantz S14 50.09 20.36 NW1/4 NW1/4, NE1/4 NW1/4,

SW1/4 NW1/4, and SE1/4

NW1/4 of Section 26, T4N,

R59W, 6th P.M.

Lantz S15 5.43 3.71 NE1/4 NW1/4 of Section 26,

T4N, R59W, 6th P.M.

Lantz S16 9.60 6.12 NE1/4 NW1/4 and NW1/4

NE1/4 of Section 26, T4N,

R59W, 6th P.M.

Kinnaman 1 7.50 5 SW1/4 NE1/4 and SE1/4 NE1/4

of Section 19, T4N, R60W, 6th

P.M.

Kosman Pond 33.4 4.02 SW1/4 SW1/4 of Section 6, T2N,

R57W, 6th P.M.

Bijou anticipates that these recharge sites may be grouped into a number of “Recharge Areas” for purposes of the operations and accounting done in accordance with the 2018 DU Project Right. ii. Bijou Canal Reaches. During the process of delivery of the 2018 DU Project Right to the intakes for the 2018 DU Project Pipeline 1, the 2018 DU Project Pipeline 2, and the Kosman Pond Lateral, ditch seepage will occur in the following reaches of the Bijou Canal:

REACH WDID SURFACE AREA

LOCATION

Bijou Canal Reach 0 0102388

48 NW1/4 SW1/4 of Sec. 17, T4N, R62W

to NW1/4 SE1/4 of Sec. 27, T4N R61W,

6th P.M.

Bijou Canal Reach 1 0102189

18 NW1/4 SE1/4 of Sec. 27, T4N, R61W to

NW1/4 NE1/4 of Sec. 30, T4N, R60W,

6th P.M.

Bijou Canal Reach 2 0102190

7 NW1/4 NE1/4 of Sec. 30, T4N, R60W

to NW1/4 SW1/4 of Sec. 29, T4N,

R60W, 6th P.M.

Bijou Canal Reach 3 0102191

15 NW1/4 SW1/4 of Sec. 29, T4N, R60W

to SE1/4 NE1/4 of Sec. 22, T4N, R60W,

6th P.M.

Bijou Canal Reach 4 0102192

7 SE1/4 NE1/4 of Sec. 22, T4N, R60W to

SE1/4 NW1/4 of Sec. 14, T4N, R60W,

6th P.M.

Bijou Canal Reach 5 0102193

20 SE1/4 NW1/4 of Sec. 14, T4N, R60W to

SW1/4 SW1/4 of Sec. 21, T4N, R59W,

6th P.M.

Bijou Canal Reach 6 0102194

3 SW1/4 SW1/4 of Sec. 21, T4N, R59W to

SE1/4 SW1/4 of Sec. 28, T4N, R59W, 6th

41

P.M.

Bijou Canal Reach 7 0102195

5 NW1/4 NW1/4 of Sec. 33, T4N, R59W

to SW1/4 SW1/4 of Sec. 3, T3N, R59W,

6th P.M.

Bijou Canal Reach 8 0102196

5 SW1/4 SW1/4 of Sec. 3, T3N, R59W to

NE1/4 NW1/4 of Sec. 14, T3N, R59W,

6th P.M.

Bijou Canal Reach 9 0102197

3 NE1/4 NW1/4 of Sec. 14, T3N, R59W

to SE1/4 SE1/4 of Sec. 13, T3N, R59W,

6th P.M.

Bijou Canal Reach 10

0102198

3 NW1/4 Corner of Sec. 20, T3N, R58W

to Center of Sec. 22, T3N, R58W, 6th

P.M.

Bijou Canal Reach 11

0102199

1 Center of Sec. 22, T3N, R58W to

NW1/4 NW1/4 of Sec. 26, T3N, R58W,

6th P.M.

Bijou Canal Reach 12

0102389

6 NW1/4 NW1/4 of Sec. 26, T3N, R58W

to NW1/4 SW1/4 of Sec. 6, T2N, R57W,

6th P.M.

F. Amount and Timing of Recharge Accretions. Pursuant to agreements between Bijou and the entities described in Paragraph 8.B, below, the recharge accretions resulting from the diversion, delivery, and recharge of the 2018 DU Project Right will be allocated between Bijou and these entities. Recharge accretions available from the 2018 DU Project Right will be calculated using the same accounting methodology, including Days to Dry tracking, as described for the recharge facilities and water deliveries associated with the water right decreed in Case No. 04CW357, et al., Water Division One. Once calculated, the recharge accretions from the 2018 DU Project Right will be allocated between Bijou and the identified entities in accordance with the agreements. The generated recharge accretions will be used as described in Paragraph 8, below. The current estimated Glover values for the recharge sites described in Paragraph 4.E.i, above, are as follows:

RECHARGE

FACILITY

X

(ft)

W

(ft)

T

(gpd/ft)

Lantz N1 9,914 37,220 202,073

Lantz N2 9,464 37,220 200,646

Lantz N3 9,148 37,049 195,761

Lantz N4 9,942 36,848 190,792

Lantz N5 10,433 36,798 195,139

Lantz N6 10,911 37,246 200,829

Lantz N7 9,718 37,122 182,480

Lantz N8 9,822 36,877 184,359

Lantz N9 10,439 38,542 188,785

Lantz N10 9,666 37,382 180,753

Lantz N11 9,357 37,697 173,709

Lantz N12 9,259 36,428 175,979

Lantz N13 8,692 36,760 173,935

Lantz N14 7,831 36,825 158,408

42

Lantz N15 9,493 37,285 177,908

Lantz N16 8,567 38,064 162,458

Lantz N17 8,067 38,150 158,560

Lantz N18 7,430 36,749 147,280

Lantz N19 6,693 36,277 133,937

Lantz S1 21,682 37,155 236,127

Lantz S2 21,207 37,155 251,603

Lantz S3 19,627 37,807 241,422

Lantz S4 18,767 37,441 282,560

Lantz S5 17,320 37,327 288,123

Lantz S6 16,630 37,452 268,030

Lantz S7 15,846 37,786 272,349

Lantz S8 18,016 37,271 245,009

Lantz S9 17,755 37,248 205,824

Lantz S10 16,735 36,808 232,193

Lantz S11 16,670 37,450 217,151

Lantz S12 16,346 37,147 239,206

Lantz S13 15,936 37,125 215,417

Lantz S14 15,245 36,746 237,209

Lantz S15 14,225 37,156 223,247

Lantz S16 13,860 36,604 238,922

Kinnaman 1 2,932 55,578 245,020

Kosman Pond 16,260 36,000 128,000

These values may be modified during the pendency of the application. The Glover values for the Bijou Canal reaches described in Paragraph 4.E.ii, above, that are used for calculating the timing of lagged accretions from seepage in each reach are set forth in Exhibit B of the decree entered in Case No. 04CW357, et al. Those values, which are shown on Exhibit A to this application, will be used to calculate recharge accretions generated by ditch seepage from the diversion and delivery of the 2018 DU Project Right. 5. Source: South Platte River 6. Appropriation Date Information: A. Date of appropriation: November 9, 2018 B. How appropriation was initiated: Discussion, planning, and agreements between Bijou and the other entities described in this application to develop the 2018 DU Project Right; adopting resolutions of intent to appropriate and develop the 2018 DU Project Right; posting of signs and newspaper publications of the appropriation prior to the filing of this application; finalizing and entry into written agreements; filing of the application. C. Date water applied to beneficial use: N/A 7. Amount Claimed: 125 cubic feet per second at the Bijou Canal headgate, up to a total annual volume of 3,750 acre-feet, CONDITIONAL. 8. Uses: The 2018 DU Project Right will be used for or in conjunction with a variety of agricultural, commercial, industrial, municipal, wildlife habitat development and enhancement, and recreation uses, including as follows: A. Bijou has an existing plan for augmentation (“Bijou Augmentation Plan”) that was decreed in Case Nos. W-2704 and W-9172-78, Water Division One. The Bijou Augmentation Plan provides water sources to replace depletions resulting from the consumptive use of water pumped from the wells included in the Bijou Augmentation Plan. Operational experience has indicated that in certain years, additional replacement water is needed to allow for full operation of the wells under the Bijou Augmentation Plan. One primary use of the 2018 DU Project Right will be to generate recharge accretions that will provide an additional source of augmentation and replacement water to replace depletions from wells included in the Bijou Augmentation Plan. A list of the wells included in the Bijou Augmentation Plan is attached as Exhibit B to this application. B. In addition, Bijou is completing agreements with the following entities that will allocate

43

to those entities a portion of the recharge accretions generated by the diversion, delivery, and recharge of the 2018 DU Project Right: i. DU – the recharge accretions allocated by agreement to DU will be used to replace out-of-priority depletions from operations, including well pumping, associated with uses on the properties located in Morgan County as described on Exhibit C. ii. MCQWD - the recharge accretions allocated by agreement to MCQWD will be used to replace out-of-priority depletions from well pumping to meet current and future demand for potable and nonpotable water served by MCQWD for commercial, industrial, and municipal uses, including but not limited to, demand from dairies and other agribusinesses that could be served using nonpotable water. Such well pumping could include operations at the Smart Well Field and the Weingardt Well Field owned and/or operated by MCQWD, and pumping of other wells to be included in future plans for augmentation. iii. Morgan County - the recharge accretions allocated by agreement to Morgan County will be used to replace out-of-priority depletions from future development of mining and gravel operations on lands owned by Morgan County, well pumping at Morgan County Storage Shops for County road and bridge maintenance and development, and from structures used for other commercial, industrial, and municipal uses. C. Water from the 2018 DU Project Right will be contained in the recharge sites described in Paragraph 4.E.i during the process of water delivery and recharge. During this process, the water in the recharge sites will be used by DU and CP&W for on-site purposes including, but not limited to, wildlife habitat development, enhancement, and management, and recreation. D. Excess Accretions. Because it will be impossible to always match the timing of water availability for the 2018 DU Project Right and the associated deliveries and resulting recharge accretions with the timing of depletions from the wells and other structures and uses described in this application, there may be recharge accretions generated by the diversion, delivery, and recharge of the 2018 DU Project Right that are in excess of the primary needs described in this application. Bijou and the entities identified in this application intend to use any such excess recharge accretions, including use pursuant to leases or other agreements between these entities and use pursuant to leases or other agreements between Bijou or the other identified entities and other persons or entities, for general augmentation and replacement purposes related to depletions created by a variety of uses, including but not limited to agricultural, commercial, industrial, and municipal uses, in accordance with law and subject to the approval of the State Engineer or Water Court. Such uses may include the following: i. Use to replace depletions that are caused by the wells listed in Exhibit E to the decree entered in Case No. 04CW357, et al., regardless of the owner or operator of the wells, which wells 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. A copy of Exhibit E from the 04CW357 decree is attached as Exhibit D to this application. ii. Use by DU for the uses described in Paragraph 8.B.i, above. iii. Use by MCQWD for the uses described in Paragraph 8.B.ii, above. iv. Use by Morgan County for the uses described in Paragraph 8.B.iii, above. v. Use outside of the Bijou system in accordance with written agreements between Bijou or the other identified entities and the using entities. vi. Use by Bijou or others as a source of substitute supply for exchange operations. vii. Use to replace depletions from the wells listed on Exhibit E, regardless of the owner or operator of the wells, which wells 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. 9. Authorization to Use Recharge Accretions in Bijou’s Augmentation Plan: A. By this application Bijou seeks authorization to incorporate into the Bijou Augmentation Plan as an augmentation and replacement source the recharge accretions available to it from the diversion, delivery, and recharge of the 2018 DU Project Right, including the seepage from the identified reaches of the Bijou Canal and the recharge accretions resulting from the delivery of the 2018 DU Project Right to the identified recharge sites. B. The Bijou Augmentation Plan is operated pursuant to detailed terms and conditions contained in the decree entered in Case Nos. W-2704 and W-9172-78. These operations include performing detailed calculations of stream depletions and accretions, and completing accounting forms which summarize these calculations and the augmentation operations. Recharge accretions available to Bijou from the diversion, delivery, and recharge of the 2018 DU Project Right will be calculated using the same accounting methodology, including Days to Dry tracking, as described for the recharge facilities and water deliveries associated

44

with the water right decreed in Case No. 04CW357, et al. As part of this application, Bijou requests a determination of the appropriate Glover factors to be used to make these calculations. The accounting forms currently used for the Bijou Augmentation Plan will be modified to include the recharge accretions available to Bijou from the exercise of the 2018 DU Project Right. 10. Use of Reclamation Land or Facilities. Bijou acknowledges that any use of Reclamation land or facilities pursuant to the claims in this application: 1) may occur only with the written permission of the owner of said land and/or facilities, and will be made consistent with such policies, procedures, contracts, charges, and terms as may be lawfully determined by Reclamation or its successors in interest, in their good faith discretion; and 2) must be pursuant to contract or permit with Reclamation. Bijou further acknowledges that the filing of this application does not independently give it or the other listed entities any rights to ownership or use of any Reclamation land or facilities, does not alter any existing rights (including any right to renew existing contracts), does not alter the respective rights or authority of Reclamation, and has no effect on the authority of the United States to regulate and/or deny use of federal land or facilities. 11. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed, or upon which water is or will be stored, including any modification to the existing storage pool: A. Bijou owns or has pre-existing rights to use the land upon which the Bijou Canal, including its headgate, and the Kosman Pond are located. B. The land upon which the 2018 DU Project Pipeline 1 will be located is owned by Fort Morgan Farms, LLC, c/o Rob Graves, 5821 WCR 54E, Bellvue, CO 80512; Morgan County, through its Board of County Commissioners, 218 W. Kiowa Avenue, P.O. Box 596, Fort Morgan, CO 80701; B.G. Land Company, LLC, c/o Gary Teague, 15366 County Road O, Fort Morgan, Colorado 80701; United States Department of the Interior – Bureau of Reclamation, 11056 W. County Road 18 E, Loveland, CO 80537. C. The land upon which the 2018 DU Project Pipeline 2 will be located is owned by United States Department of the Interior – Bureau of Reclamation, 11056 W. County Road 18 E, Loveland, CO 80537. D. The land upon which the recharge sites (except for the Kosman Pond) to which the 2018 DU Project Right will be delivered are located is owned by the United States Department of the Interior – Bureau of Reclamation; 11056 W. County Road 18 E, Loveland, CO 80537. 12. Remarks: It is Bijou’s intent in filing this application to adjudicate both the 2018 DU Project Right and all elements necessary for Bijou to utilize the recharge accretions resulting from the exercise of the water right as a supplemental augmentation and replacement source for the Bijou Augmentation Plan, or as excess accretions. Bijou is not seeking any other change or modification to the Bijou Augmentation Plan or to the decree entered in Case Nos. W-2704 and W-9172-78 or Bijou’s other decrees. In addition, although the recharge accretions generated by the 2018 DU Project Right will be used as described in this application, the application does not seek to adjudicate any new augmentation plan to allow pumping of other wells not already included in the Bijou Augmentation Plan. WHEREFORE, Bijou seeks entry of a decree by the Court that confirms the conditional water right and proposed uses described in this application, and which also authorizes use of the recharge accretions generated by diversion and delivery of the 2018 DU Project Right as described. (18 pgs., 5 Exhibits) 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 AUGUST 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

45

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.