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DISTRICT COURT, WATER DIVISION 1, COLORADO

MAY 2020 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 MAY 2020 for each

County affected.

20CW17 POLLOCK, LTD, a/k/a POLLOCK, LLLP , % Carla Pollock Holst, 2361 N. Perry Park

Road, Sedalia, CO 80135. 303-688-2895 or 303-725-5466. APPLICATION FOR FINDING OF

REASONABLE DILIGENCE IN DOUGLAS COUNTY. Date of original decree: 05-10-14 in case

11CW215, WD1. Pollock, LTD Well No 1 will be located SW1/4, SE1/4, S36, T7S, R68W of the 6th PM

at a distance 220 ft from S and 2550 ft from E. Well has not been drilled. Pollock, LTD Well No 6 will be

located in the NE1/4, SW1/4, S36, T7S, R68W of the 6th PM at a distance 1500 ft from S and 2565 ft from

W. Well has not been drilled. Pollock, LTD Well No 2 located NE1/4 SW1/4, S36, T7S, R68W of the 6th

PM. Source: Groundwater trib to West Plum Creek, trib to Plum Creek, trib of the S. Platte River.

Appropriation date: 9-13-11. Amount: Rate of flow: 700 gpm total (conditional) through Pollock, LTD

Well No 1 individually or in combination with Pollock Well No 6 as long as maximum combined diversions

do not exceed 700 gpm. Use: Wells No 1 and No 6-irrigation of approximately 52 acres of hay, pasture, or

other crops or vegetation and augmentation pursuant to 7.1 of the augmentation plan decreed in case

11CW215. Pollock Well No 2 is used for irrigation when in priority, pursuant to its decreed rights in case

no. W-4243.

20CW3062, (Ref. No. 13CW15). M+JB Holdings, LLC, 1636 Apple Valley Rd., Lyons, CO 80540, (970)

420-2263, Please address all correspondence to: Patrick M. Haines, Berg Hill Greenleaf Ruscitti LLP, 1712

Pearl Street, Boulder, CO 80302, (303) 402-1600. APPLICATION TO MAKE RIGHT ABSOLUTE

OR, IN THE ALTERNATIVE, FOR FINDING OF REASONABLE DILIGENCE in BOULDER

COUNTY. 2. Summary of Prior Application: Concerning the Application for Water Rights of Applicant

Blue Mountain Livestock, LLC, in the St. Vrain Creek/River or its Tributaries in Boulder County, Case No.

13CW15 (WD-1), decree entered on May 26, 2014. Notice of Change in Ownership of Conditional Water

Right pursuant to Decree Paragraph 19 and Rule 9 of the Uniform Local Court Rules for all State Water

Court Divisions filed on April 10, 2020, noticing conveyance of title for the 13CW15 rights to Applicant.

3. Names of Structures: Sosey Ditch. 4. Description of Conditional Water Right: A. Name of Structure:

Sosey Ditch. B. Legal Description: The headgate of the Sosey Ditch is located in the NW1/4 of the SE1/4

of Section 12, Township 3 North, Range 71 West, of the 6th Principal Meridian, in Boulder County,

Colorado, at a point within 200 feet, more or less, of a point 2,180 feet from the south line and 2,168 feet

from the east line of said section 12. A map image showing the headgate and ditch location as constructed

and the irrigated acreage served by the Ditch is attached as Exhibit A (note that the Apple Valley Pond

show in Exhibit A, conditionally decreed in Case Number 18CW3217 (WD-1), has not yet been constructed

and the corresponding acreage is currently irrigated). C. Source: North Creek, tributary to St. Vrain Creek.

D. Amount: 3.0 cubic feet per second. E. Use: Irrigation of approximately 35 acres, more or less, in

Boulder County. F. Date of Appropriation: February 6, 2013. G. How Appropriation was Initiated: By

filing of Application in 13CW15. 5. Diligence Activities: 5.1 The Sosey Ditch diverted water and applied

it to use for irrigation in 2019, as detailed in the accounting spreadsheet attached as Exhibit B. 5.2

Applicant expended the following sums to maintain and improve the Sosey Ditch or its infrastructure

between the entry of the 13CW15 Decree and the filing of this diligence Application: 5.2.1 $1,600 of

aggregate stone used to reinforce and maintain the Sosey Ditch headgate. 6. Application to Make Absolute:

6.1 Applicant requests that the full 3.0 cubic feet per second (“cfs”) direct use diversion right for irrigation

decreed in 13CW15 be made absolute, and requests in the alternative a finding of diligence for any amount

not made absolute. During the period following the Water Court’s entry of a decree in 13CW15, Applicant

has placed the following diversions to beneficial use as further detailed in Exhibit B: 6.1.1 Dates of

diversion: June 23-July 1, 2019, and July 13-14, 2019; 6.1.2 Amounts: 3.41 to 5.95 cfs, of which only

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3.0 cfs is claimed absolute; 6.1.3 Use: Irrigation; 6.1.4 Place of Use: Irrigated acreage in Boulder

County, north of the Town of Lyons, which is owned and/or operated by Applicant and shown in Exhibit

A. WHEREFORE, M+JB Holdings, LLC respectfully requests the Court to enter findings and a decree

confirming that: 1) M+JB Holdings, LLC has perfected 3.0 cfs of its conditional 3.0 cfs of conditional

appropriative direct-flow irrigation water rights; or, in the alternative, 2) M+JB Holdings, LLC has

exercised diligence toward completion of the appropriation for the decreed uses. Number of pages in

Application 10, including 2 exhibits.

20CW3063 JEFFERSON COUNTY, COLORADO, A BODY POLITIC AND CORPORATE, c/o

Steven L. Snyder, 700 Jefferson County Parkway, Suite 100, Golden, Colorado 80401. Please send all

pleadings and correspondence to P. Fritz Holleman and John D. Buchanan, Buchanan Sperling & Holleman

PC, 1525 Spruce Street, Suite 200, Boulder, Colorado 80302. APPLICATION FOR FINDING OF

REASONABLE DILIGENCE, in JEFFERSON COUNTY. 2. Name of structure: Pine Valley Ranch

Lodge Well. 3. Describe conditional water right including the following information from previous decree:

A. Original decree: The water right for the Pine Valley Ranch Lodge Well was confirmed as conditional

in the decree entered in Case No. 1996CW1146 by the District Court for Water Division No. 1 on June 11,

1999 (“96CW1146 Decree”). B. Subsequent decree: Decrees finding diligence in the development of the

Pine Valley Ranch Well water right were entered by the District Court for Water Division No. 1 in Case

No. 2004CW353 on December 26, 2007, (“04CW353 Decree”) and in Case No. 13CW3154 on May 29,

2014. C. Legal description: In the NE1/4 of the SW1/4 of Section 28, Township 7 South, Range 71 West

of the 6th P.M., in Jefferson County, Colorado, at a point approximately 2,000 feet from the West Section

Line and approximately 2,000 feet from the South Section Line of said Section 28. A map showing the

approximate location of the Pine Valley Ranch Lodge Well is attached to the application as Exhibit A. D.

Source of water: Ground water tributary to the North Fork of the South Platte River. E. Appropriation

Date: December 9, 1996. Amount: 0.25 cfs, conditional. F. Use: Domestic, irrigation, commercial and

recreational purposes associated with the Pine Valley Ranch Lodge, also known as the Baehr Lodge. G.

Depth: Approximately 150 feet. 4. Detailed Outline of Work Performed To Complete Application of

Water to Beneficial Use. During the subject diligence period, Jefferson County has continued to plan for

and pursue development and use the water right associated with the Pine Valley Ranch Well, which is part

of the decreed unified water system for Pine Valley Ranch Park. Jefferson County has taken various actions

to develop this water rights, including but not limited to: A. Jefferson County has been a party to and

participated in various water court proceedings regarding water rights on the South Platte River and its

tributaries in an effort to protect its water rights associated with the Pine Valley Ranch Park. B. In 2015,

Jefferson County spent approximately $88,000 on stormwater drainage improvements, including

installation of downspout connections and manholes. C. From 2017-18, Jefferson County spent

approximately $160,000 to develop a comprehensive water plan, which included the unified water system

at the Pine Valley Ranch Park. D. From 2017-18, Jefferson County spent approximately $430,000 on the

design and repair of lake intake infrastructure and installation of new monitoring equipment at the Pine

Valley Ranch Park and an additional $46,000 on repairs to fishing piers at the lake. 5. The approximate

location of the area proposed to be irrigated is the Pine Valley Ranch Park, the boundaries of which are

shown on Exhibit A to the application. 6. If claim to make absolute in whole or in part: Not applicable.

7. Names(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or

storage structure, or modification to any existing diversion or storage structure is or will be constructed or

upon which water is or will be stored, including any modification to the existing storage pool. No new

diversion or storage structures or modifications to existing diversion or storage structures will be

constructed. Jefferson County owns the land where the Pine Valley Ranch Lodge Well is located. 8.

Remarks or any other pertinent information: The Pine Valley Ranch Lodge Well is an augmented structure

under the augmentation plan approved in the 96CW1146 Decree. No well permit has been issued for the

Pine Valley Ranch Lodge Well pursuant to the 96CW1146 Decree. The lodge referenced in paragraph 3.F

is also known as the Baehrden Lodge. WHEREFORE, Jefferson County requests the Court to enter a decree

finding and determining that reasonable diligence toward the completion of the appropriation of the water

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right for the Pine Valley Ranch Lodge Well has been exercised and continuing the subject conditional water

rights in full force and effect for an additional diligence period. (4 pages)

20CW3064 (12CW251, 06CW71, 97CW373) City of Arvada, c/o Water Resources Administrator,

8101 Ralston Road, Arvada, CO 80001-8101. Please send all correspondence and pleadings to: Steven

P. Jeffers, Madoline Wallace-Gross, Carey S. Smith V, Lyons Gaddis Kahn Hall Jeffers Dworak & Grant,

PC, 950 Spruce Street, Suite 1B, Louisville, CO 80027; sjeffers@lyonsgaddis.com (720) 726-3671.

APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE

IN JEFFERSON COUNTY. 2. Name of structure: Arvada Reservoir Refill. 3. Describe conditional

water right: A. Date of original decree, case no. and court: The original decree was entered in Case No.

97CW373, District Court, Water Division 1, on March 22, 2000. B. Subsequent diligence decrees: A

diligence decree was entered in Case No. 2006CW71, District Court, Water Division No. 1 on November

22, 2006. A subsequent diligence decree was entered in Case No. 12CW251, District Court, Water Division

No. 1 on May 15, 2014. C. Decreed legal description: Arvada Reservoir: Arvada Reservoir is located on

Ralston Creek in the N1/2 and the NW1/4 of the SE1/4 of Section 3, Township 3 South, Range 70 West,

and in the S1/2 of the SE1/4 of Section 34, Township 2 South, Range 70 West, 6th P.M., Jefferson County,

Colorado. A map showing the location of the Reservoir and filling structures is attached as EXHIBIT A.

The centerline of the dam is described as follows: Commencing at the NE corner of Section 3, Township 3

South, Range 70 West, of the 6th P.M., Jefferson County, Colorado; thence at an angle to the right of

17°34’59” from the East line of said Section 3, a distance of 200.75 feet to the True Point of Beginning.

Thence at a deflection angle to the right of 4°52’48”, a distance of 1,683.374 feet to a point of curvature;

thence along a curve to the right, having a radius of 2,585.813 feet, and delta of 26°07’37”, a distance of

1,179.134 feet to point of tangency; thence along the tangent of the before described curve, a distance of

819.242 feet to the point of ending. Name and capacity of ditch used to fill reservoir and legal description

of point of diversion: In addition to being filled from Ralston Creek, Arvada Reservoir is also filled from

Clear Creek through the Croke Canal. The Clear Creek headgate of the Croke Canal is located on the north

bank of Clear Creek in the NW1/4 of the NE1/4 of Section 26, Township 3 South, Range 70 West, 6th

P.M., Jefferson County, Colorado. The capacity of the Croke Canal is approximately 400 cfs. Water

diverted from Clear Creek is carried down the Croke Canal and diverted out of the canal into Arvada’s

Croke Canal Pump Station located immediately south of Ralston Creek, and then pumped from the Croke

Canal Pump Station up to Arvada Reservoir. D. Decreed Sources: Ralston Creek and Clear Creek,

tributaries to the South Platte River. E. Decreed Appropriation Date: December 30, 1997. F. Decreed

Amounts: (1) Volumetric Limits: 5,462 acre-feet per year cumulative from Ralston Creek and Clear Creek

for all decreed uses, except reuse and successive use. 616.99 acre-feet per year was previously decreed

ABSOLUTE and 4,845.01 acre-feet per year is CONDITIONAL from Ralston Creek. 143.42 acre-feet per

year was previously decreed ABSOLUTE and 5,318.58 acre-feet per year is CONDITIONAL from Clear

Creek. 4,915.8 acre-feet per year cumulative from Ralston Creek and Clear Creek for reuse and successive

use, of which 173.78 acre-feet per year was previously decreed ABSOLUTE and 4,742.02 acre-feet per

year is CONDITIONAL. (2) Rates of Diversion: The rate of diversion for storage from Clear Creek for the

uses described in paragraph 3.G. below, is 50 cfs, of which 22.75 cfs was previously decreed ABSOLUTE

and 27.25 cfs is CONDITIONAL. The rate of diversion or use for reuse and successive use is 15 cfs, of

which 4.9 cfs was previously decreed ABSOLUTE and 10.1 cfs is CONDITIONAL. G. Decreed Uses: All

municipal purposes including, without limitation, domestic, irrigation, commercial, industrial,

manufacturing, fire-fighting, aesthetic, recreational, fish and wildlife preservation and propagation,

exchange, substitution, augmentation, replacement and recharge. Such uses include the right to make a fully

consumptive first use of the water and the separate appropriation to reuse and successively use the water to

extinction for the above-described purposes. 4. Detailed outline of what has been done towards

completion or for completion of the appropriation and application of water to a beneficial use as

conditionally decreed, including expenditures: The Arvada Reservoir Refill is a component part of

Arvada’s integrated water supply system. During the subject diligence period, Arvada conducted the

following work related to its integrated system at a cost in excess of $796,003. A. Developed the Arvada

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Blunn/Pioneer Master Plan Study, completed in September 2015 by Wenk and Associates, to evaluate the

location and configuration of Highway 93 Lakes in conjunction with Arvada Reservoir, and other uses of

that land, at a cost of $66,860. B. Evaluated the feasibility of constructing Highway 93 Lakes in 2016, to

operate in conjunction with Arvada Reservoir, as described in a report in Case No. 05CW112 prepared by

Applegate Group, at a cost of $11,258. C. Conducted service spillway modifications to the Arvada

Reservoir underdrain system at a cost of $117,885 in 2017. D. Worked with Division Engineer to revise

Arvada Reservoir accounting forms in 2017. E. Adjudicated water court cases including: Case Nos.

05CW112, 11CW237 and 17CW3210 for change of water rights, exchanges and plans for augmentation

involving Arvada Reservoir; 12CW293 for diligence on exchanges involving Arvada Reservoir;

13CW3068 for diligence on exchanges involving Arvada Reservoir; 14CW3033 for diligence on Tucker

Lake exchanges; 17CW3085 for diligence on the Arvada Reservoir Storage Right; and 18CW3165 for

diligence for storage in Highway 93 Lakes. Applicant expended in excess of $600,000 in legal fees and

engineering costs in those cases combined. F. Opposed numerous water court cases filed by other water

users to protect from injury Applicant’s water rights, including the subject conditional water right, and

incurred legal and engineering expenses in defense of the water right. 5. If claim to make absolute in

whole or in part: A. Date water applied to beneficial use: Arvada stored 1,482.30 acre-feet of water

under this water right in 2017, reaching the highest volume on October 31, 2017. Arvada diverted this water

to storage from Clear Creek between May 30, 2017 and June 9, 2017, with a peak flow rate of 32.75 cfs

from Clear Creek on May 31, 2017. Arvada stored water from Ralston Creek on various dates between May

11, 2017 and October 31, 2017 as described in Arvada’s accounting records. Arvada used the water initially

for aesthetic, recreational, fish and wildlife preservation and propagation purposes in Arvada Reservoir. By

statute Arvada is entitled to claim beneficial use for all decreed purposes by storing the water in priority.

Arvada put the water stored in 2017 to beneficial use for reuse and successive use by storing the water, and

by treating and delivering 1,229.10 acre-feet between June 13, 2017 and July 20, 2017, and between

October 29, 2017 and October 31, 2017, and 253.20 acre-feet between May 23, 2018 and May 31, 2018,

through the Arvada Plant for domestic, irrigation, commercial, industrial, manufacturing, and fire-fighting

uses within its service area. Arvada hit the peak flow rate of 15 cfs through the treatment plant on June 16,

2017. Attached as EXHIBIT B is a map showing Applicant’s current water service area. A summary of

Arvada’s storage records for 2017 and relevant water treatment records for the water stored in 2017 is

attached as EXHIBIT C. B. Amounts: (1) Volumetric limits: Arvada claims a total of 1,482.30 acre-feet

pursuant to this refill water right, including 934.48 acre-feet from Ralston Creek and 547.82 acre-feet from

Clear Creek. Arvada’s claim of 934.48 acre-feet ABSOLUTE from Ralston Creek, includes 616.99 acre-

feet per year previously made absolute and an additional 317.49 acre-feet claimed in this case, for all uses

except reuse and successive use. Arvada’s claim of 547.82 acre-feet ABSOLUTE from Clear Creek,

includes 143.42 acre-feet per year previously made absolute and an additional 404.40 acre-feet claimed in

this case, for all uses except reuse and successive use. Arvada claims a total amount of 1,482.30 acre-feet

ABSOLUTE cumulative from Ralston Creek and Clear Creek for reuse and successive use, including

173.78 acre-feet previously made absolute and an additional 1,308.52 acre-feet claimed in this case. (2)

Rate of diversion: Arvada claims 32.75 cfs ABSOLUTE from Clear Creek for all uses, except reuse and

successive use, including 22.75 cfs previously made absolute and an additional 10 cfs in this case. Arvada

claims 15 cfs ABSOLUTE for reuse and successive use, including 10.1 cfs previously made absolute, and

an additional 4.9 cfs in this case. C. Use: The water was placed to all decreed beneficial uses by storage in

Arvada Reservoir. Water was placed to reuse and successive use by storage and treatment and delivery

through the Arvada Plant for domestic, irrigation, commercial, industrial, manufacturing, and fire-fighting

uses within Arvada’s service area. D. Description of place of use where water was applied to beneficial

use: Water was placed to beneficial use by storage in Arvada Reservoir, and by successive use in Arvada’s

service area. 6. Names 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. Arvada owns Arvada Reservoir. The Croke Canal is owned by Farmers Reservoir and

Irrigation Company (FRICO), whose address is 80 South 27th Ave., Brighton, CO 80601. Arvada has an

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agreement with FRICO allowing Arvada’s use of the Canal. WHEREFORE, Arvada requests a finding that

the conditional water right has been made absolute in the amounts described in Paragraph 5 of the

application, that Arvada has exercised reasonable diligence in completing its appropriation of the remaining

conditional amounts, and continuing the remaining conditional amounts for another 6 years. The

application is 7 pages, excluding exhibits.

20CW3065 (01CW253, consolidated with Case No. 07W307) READY MIXED CONCRETE

COMPANY (RMCC) and CAW EQUITIES, LLC (CAW), Robert P. Kepford, General Manager,

RMCC, 5775 Franklin Street, Denver, Colorado 80216 and Robert A. Lembke, Manager, CAW, 8301

E. Prentice Avenue, Suite 110 Greenwood Village, Colorado 80111 (c/o Jeffrey W. Schwarz, Carver

Schwarz McNab Kamper and Forbes, LLC, 1888 Sherman Street, Suite 400, Denver Colorado and Sheela

Stack, Nazarenus Stack & Wombacher LLC, 8301 E. Prentice Avenue, Suite 110 Greenwood Village,

Colorado 80111) APPLICATION FOR A FINDING OF REASONABLE DILIGENCE IN WELD

COUNTY 1. Name and address of Applicants: CAW Equities, LLC, 8301 East Prentice Ave, Suite 100

Greenwood Village, CO 80111and Ready Mixed Concrete Company, LLC (RMCC),. 5775 Franklin Street

Denver, Colorado 80216 2. Name of structures: Holton Lake Nos. 1 – 5 and Holton Pipeline Nos. 1 – 4.

3. Description of conditional water rights: As provide in Paragraph 19 of the Findings of Fact,

Conclusions of Law, Judgement and Decree of the Water Court effective May 13, 2014 (the “Decree”), the

conditional water storage right is for the total annual unified conditional storage initially of 2,000 acre feet

at the Holton Lakes Complex as follows: A. Name of Structures: 1. Holton Lake No. 1: up to 2,000 acre-

feet of water storage per year on a conditional basis, with an appropriation date of December 31, 2001, until

irrigation ceases as provided in Paragraph 12(C) of the Decree. 2 Holton Lake Nos. 1 – 5: up to 2,000 acre-

feet of water storage per year on a conditional basis with an appropriation date of December 28, 2007, until

reduced as provided in Paragraph 12(D) of the Decree. 3. Holton Lake Pipeline No. 1 from the South Platte

River at a rate of 50 cfs conditional of water for filling for water storage in Holton Lake No. 2. 4. Holton

Lake Pipeline No. 2 from the South Platte River at a rate of 50 cfs conditional of water for filling for water

storage in Holton Lake No. 1. 5. Holton Lake Pipeline No. 3 from the South Platte River at a rate of 50 cfs

conditional of water for filling for water storage in Holton Lake No. 3. 6. Holton Lake Pipeline No. 4 from

Big Dry Creek at a rate of 50 cfs conditional of water for filling for water storage in Holton Lake No. 4. B.

List all subsequent decrees awarding findings of diligence: Not applicable. Legal Description of Holton

Lake Nos. 1-5 and Holton Lake Pipelines that will comprise the Holton Lakes Complex – see also Exhibit

A: The Holton Lakes Complex will consist of approximately 476 acres, more or less, and will be located

on both sides of the South Platte River South of Colorado Highway 52 and generally located within portions

of the following lands: 1. W1/2 of the NW1/4 of Section 7, T1N, R66W, 6th P.M., Weld County, Colorado;

and 3. NW1/4 of the SW1/4 of Section 6, T1N, R66W, 6th P.M., Weld County, Colorado; and 3. Part of

the E1/2 of the NW1/4 and the W1/2 of the W1/2 of the NE1/4 of Section 7, T1N, R66W and the S1/2 of

the SE1/4 of the SW1/4 of Section 6, T1N, R66W, 6th P.M., Weld County, Colorado; and E1/2 of the SE1/4

of Section 1, T1N, R67W, 6th P.M.; D. Source of water: 1. With respect to the 2001 conditional water

storage right for and deliveries to Holton Lake No. 1, the source of water is the natural surface flow from

the main stem of the South Platte River. 2. With respect to the 2007 conditional water storage rights for and

deliveries to Holton Lake Nos. 1, 2, 3, 4, and 5, the source of water is the natural surface flow from the

main stem of the South Platte River. 3. The Decree did not grant conditional water rights for the following

structures, however, portions of the Holton Lake Nos. 1-5 may also be filled by diversions from or through

the Fulton Ditch, the Lupton Bottom Ditch and the Brighton Ditch as more particularly described in

Paragraphs 8.B.5-7 of the Decree. E. Appropriation Dates: 1. Holton Lake No. 1, via Holton Pipeline No.

2 or by lateral from the Fulton Ditch (“2001 Priority Storage Right”) has an appropriation date of December

31, 2001. 2. The following Holton Lakes have an appropriation date of December 28, 2007 (“2007 Priority

Storage Right”): a. Holton Lake No. 1, via Holton Pipeline No. 2 or by lateral from the Fulton Ditch. b.

Holton Lake No. 2, via Holton Pipeline No. 1, and lateral from the Brighton Ditch. c. Holton Lake No. 3,

via Holton Pipeline No. 3, and laterals from the Brighton or Lupton Bottom Ditches. d. Holton Lake No. 4,

via Holton Pipeline No. 4 and laterals from the Brighton or Lupton Bottom Ditches. e. Holton Lake No. 5,

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via Holton Lake Pipelines Nos. 1 and 3, and laterals from the Brighton or Lupton Bottom Ditches. F.

Adjudication date: May 13, 2014. G. Amount claimed: See Paragraph 3.A above. H. Uses: 1. 2001 Priority

Storage Right in Holton Lake No. 1: The water will be used for irrigation on the properties shown as

“Irrigated Area” in green cross-hatching on Figure 1 “Irrigation Map” made part of the Decree. 2. 2007

Priority Water Storage Right in Holton Lake Nos. 1-5: The water will be used for commercial and all

industrial uses, including but not limited to mining, processing, and for replacement and augmentation of

reservoir evaporation associated with Applicant RMCC’s construction aggregate mining operations. I.

Legal description of land where water will be used: For the 2001 Priority Storage Right in Holton Lake

No. 1, see Figure 1 “Irrigation Map” made part of the Decree and Paragraph 12.D of the Decree. For the

2007 Priority Storage Right in Holton Lake Nos. 1-5, water will be used at the location of these lakes. 4.

Detailed outline of work that 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. A. the Holton Lakes Complex is comprised of the Morton-Holton Lakes

Mine, located in the SE1/4 of Section 1 and the NE1/4 of Section 12, all in Township 1 North, Range 67

West of the 6th P.M., and the SW1/4 of Section 6, and the NW1/4 of Section 7, all in Township 1 North,

Range 66 West of the 6th P.M. B. On August 13, 2007 the Colorado Department of Natural Resources,

Division of Reclamation, Mining and Safety (“DRMS”) approved and issued to RMCC Mined Land

Reclamation Permit No. M-2007-008 for the Holton Property (the “Holton MLRB Permit”), while on

March 26, 2009 the DRMS approved and issued RMCC Mined Land Reclamation Permit No. M-2008-082

for the Morton Property (the “Morton MLRB Permit”). The permits were issued in conformance with the

Colorado Land Reclamation Act for the Extraction of Construction Materials (C.R.S. §§ 34-32.5-101 - 34-

32.5-125) and the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the

Extraction of Construction Materials (2 CCR 407-4). The permits establish the post mining and reclamation

land use for the Holton and Morton properties as “Developed Water Storage.” C. On July 18, 2016, during

the diligence period, RMCC filed an application with the DRMS to combine the Holton MLRB Permit and

the Morton MLRB Permit into a single MLRB permit (“Combined MLRB Permit”) to facilitate the

integrated development of the Holton Lake Nos. 1-5 at the Holton Lakes Complex. A reclamation bond in

the amount of $4,150,000 has been posed by RMCC to secure the mined land reclamation obligations

specified in the Combined MLRB Permit. D. Mining of the Morton-Holton Lakes under the Combined

MLRB Permit has occurred throughout the diligence period and is presently expected to last up to fifteen

years. The mine area and mine stages in the mine area are depicted on Exhibit A to this application. E.

RMCC completed mining Stage 1 on the west side of the South Platte River in July 2016. F. RMCC

completed mining Stage 2 on the west side of the South Platte River at the end of 2016. G. RMCC completed

mining Stage 6A on the west side of the South Platte River in mid-2017. H. RMCC completed mining Stage

6B on the west side of the South Platte River in March of 2018. I. RMCC completed mining Stage 3 on the

east side of the South Platte River in early 2018. J. RMCC commenced mining Stage 4 on the east side of

the South Platte River in March 2018, and RMCC will continue to mine Stage 4 through the middle of

2020. K. The mining and reclamation activities described herein are necessary to allow the conditional

water rights to be diverted and used for their decreed purposes and they require significant and ongoing

annual expenditure on the part of RMCC to achieve. L. A slurry wall liner was constructed and installed

around the perimeter of Stage 4 prior to the commencement of mining in Stage 4 at an approximate cost of

$1.2 million. After the completion of a 90-day leak test the Colorado Division of Water Resources

(“CDWR”) issued RMCC a provisional slurry wall liner approval letter on May 23, 2018, confirming that

liner meets the design standard referenced in the August 1999 State Engineer Guidelines for Lining Criteria

for Gravel Pits (“1999 SEO Guidelines”). For the slurry wall liner to be approved for water storage, a final

leak test will be undertaken once mining is completed and final grading at the mine site is completed. M.

RMCC commenced mining at Stage 6C/6D in 2019 following the construction and installation of a slurry

wall liner at an approximate cost of $2.1 million. After the completion of a 90-day leak test the CDWR

issued RMCC a provisional slurry wall liner approval letter on November 4, 2019 confirming that liner

meets the design standard referenced in the 1999 SEO Guidelines. For the slurry wall liner to be approved

for water storage, a final leak test will be undertaken once mining is completed and final grading at the

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mine site is completed. N. In September 2019 CAW Equities, L.L.C. acquired the interests held by Holton

Family, LLC in the Holton Lakes Complex for the purpose facilitating the development of water storage in

conformance with the reclamation plan approved as a condition of the Combined MLRB Permit, including

without limitation application of the conditional water rights to the beneficial uses set forth in the Decree.

O. The requirements of Section 34-32.5-116(4)(h) of the Colorado Land Reclamation Act for the Extraction

of Construction Materials and Rule 3.1.6(1)(a) of the Mineral Rules and Regulations of the Colorado Mined

Land Reclamation Board for the Extraction of Construction Materials (2 CCR 407-4 ) include provisions

for the protection of water resources that require mining and reclamation plans minimize disturbances to

the prevailing hydrologic balance, including disturbances to the quantity of water in the area affected by

mining and in the surrounding areas. Consistent with applicable statutory and regulatory directives, during

the diligence period RMCC has applied for and has obtained approval of Substitute Water Supply Plans

(“SWSPs”) on an annual basis from the CDWR. The source of replacement water for the SWSPs is fully

consumable water leased, on an annual basis, from the City of Aurora at annual average cost of $65,000. P.

RMCC is preparing to construct and install a slurry wall liner around the perimeter of Stage 5 on the west

side of the South Platte River in anticipation of commencing mining in Stage in October 2020. Names and

addresses of owners the land upon which any new diversion or storage structure, or modification to

any existing diversion or storage structure is or will be constructed or upon which water is or will be

stored, including any modification to the existing storage pool. The Applicants are the owners of the

land on which the Holton Lake Nos. 1-5 and Holton Pipeline Nos. 1-4 are or will be located.

20CW3066 COORS BREWING COMPANY; P.O. Box 4030, Golden, CO 80401. Stephen H.

Leonhardt, Esq., April D. Hendricks, Esq.; BURNS, FIGA & WILL, P.C.; 6400 Fiddlers Green Circle,

Suite 1000, Greenwood Village, CO 80111; (303) 796-2626. APPLICATION FOR FINDING OF

REASONABLE DILIGENCE IN JEFFERSON COUNTY. 2. Description of Conditional Appropriative

Right of Exchange: 2.1. Date of Original Decree: April 30, 1993 in Case No. 89CW234, District Court,

Water Division No. 1. Since that time, the Court has found Coors to have been diligent in the development

of the subject conditional appropriative right of exchange and accordingly has entered decrees making

certain amounts absolute and continuing the remaining conditional portion of such water right in full force

and effect in Case Nos. 99CW062 (entered March 10, 2000); 06CW83 (entered September 11, 2007); and

13CW3112 (entered May 16, 2014). 2.2. Location: Coors’s exchange reach is on Clear Creek, lying

between the headgate of the Farmers High Line Canal and Coors’s easternmost reservoir of the Jefferson

Storage System used in this exchange, being Prospect Park Lake, located in the West 1/2 of Section 21,

Township 3 South, Range 69 West of the 6th P.M. 2.3. Description of Appropriative Right of Exchange:

Coors established a conditional appropriative right of exchange as part of its augmentation plan decreed in

Case No. 89CW234. Coors’s decreed augmentation plan, including this exchange, uses the replacement

water sources decreed in Case No. 89CW234 (and generally described in Paragraph 2.5 below) to replace

out-of-priority depletions from Coors’s decreed Underground Springs, storage in the Jefferson Storage

System, diversions through the Coors Industries Ditch, and other out-of-priority depletions described in

Case No. 89CW234. The exchange water is delivered from the Farmers High Line Canal, the Wannamaker

Ditch, and the Agricultural Ditch, and is returned to Clear Creek via augmentation stations. The exchange

water may also be rediverted from Clear Creek into, and subsequently released from, Coors’s reservoirs in

the Jefferson Storage System, or returned to Clear Creek at discharge points from the industrial complex.

Such water is exchanged from these points of diversion or delivery to the points of depletion to Clear Creek

from Coors’s augmented out-of-priority diversions. 2.4. Names and locations of structures involved in the

exchange: 2.4.1. Farmers High Line Canal: 2.4.1.1. The point of diversion is located on the north bank of

Clear Creek in the SW1/4 of Section 27, Township 3 South, Range 70 West of the 6th P.M., a short distance

below the Ford Street Bridge across Clear Creek in the City of Golden, Jefferson County, Colorado. 2.4.1.2.

Augmentation Station No. 8: through which water from the Farmers High Line is delivered to Clear Creek

at a point on the North bank of Clear Creek in the NW1/4 SW1/4 NE1/4 SW1/4 of Section 27, Township 3

South, Range 70 West of the 6th P.M., Jefferson County, Colorado. 2.4.2. The Wannamaker Ditch: 2.4.2.1.

The point of diversion is located on the north bank of Clear Creek in the NE1/4 of Section 27, Township 3

8

South, Range 70 West, whence the NE corner of Section 27, Township 3 South, Range 70 West of the 6th

P.M. bears North 38°17.5’ East, 2099.64 feet in Jefferson County, Colorado. 2.4.2.2. Augmentation Station

No. 7: through which water from the Wannamaker Ditch is delivered to Clear Creek at a point on the North

bank of Clear Creek in the NE1/4 NE1/4 NE1/4 NW1/4 of Section 26, Township 3 South, Range 70 West

of the 6th P.M., Jefferson County, Colorado. 2.4.3. The Agricultural Ditch: 2.4.3.1. The point of diversion

is located on the south bank of Clear Creek in the SW1/4 of Section 27, Township 3 South, Range 70 West

of the 6th P.M. in the City of Golden, Jefferson County, Colorado. 2.4.3.2. Augmentation Station No. 3:

through which water from the Agricultural Ditch is delivered to Clear Creek at a point on the South bank

of Clear Creek in the NE1/4 SW1/4 SE1/4 SE1/4 of Section 23, Township 3 South, Range 70 West of the

6th P.M., Jefferson County, Colorado. 2.4.3.3. Augmentation Station No. 9: through which water from the

Agricultural Ditch is delivered to Clear Creek at a point on the South bank of Clear Creek in the SW1/4 SE

1/4 NW1/4 SW1/4 of Section 27, Township 3 South, Range 70 West, of the 6th P.M., Jefferson County,

Colorado. 2.4.3.4. Augmentation Station No. 13: through which water from the Agricultural Ditch is

delivered to Clear Creek at a point on the South bank of Clear Creek in the NW1/4 NE1/4 SW1/4 SW1/4

of Section 27, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado. 2.4.4. Coors

Underground Springs: 2.4.4.1. Underground Springs in Case No. W-7809(74) were decreed on April 9,

1975, with a priority date of October 31, 1974. The springs described below are decreed for domestic and

lawn and garden irrigation for eight single family homes, and commercial and industrial, primarily for beer

brewing purposes, to be withdrawn through the structures at a maximum combined rate of flow of 14.0

c.f.s. even though the sum of the flows of all the structures individually is greater. All the below described

springs are located in Jefferson County, Colorado. 2.4.4.1.1. Underground Spring No. 11-3271: Located

in the NE1/4 of NW1/4 of Section 26, Township 3 South, Range 70 West of the 6th P.M., at a point 1043

feet South and 3631 feet West of the NE corner of said Section 26. 2.4.4.1.2. Underground Spring No. 12-

2822: Located in the NE1/4 of NW1/4 of Section 26, Township 3 South, Range 70 West of the 6th P.M.,

at a point 828 feet South and 3950 feet West of the NE corner of said Section 26. 2.4.4.1.3. Underground

Spring No. 14-3952: Located in the NW1/4 of NW1/4 of Section 26, Township 3 South, Range 70 West

of the 6th P.M., at a point 1090 feet South and 940 feet East of the NW corner of said Section 26. 2.4.4.1.4.

Underground Spring No. 15-2823: Located in the NE1/4 of NW1/4 of Section 26, Township 3 South,

Range 70 West of the 6th P.M., at a point 800 feet South and 3881 feet West of the NE corner of said

Section 26. 2.4.4.1.5. Underground Spring No. 18-3269: Located in the NE1/4 of NW1/4 of Section 26,

Township 3 South, Range 70 West of the 6th P.M., at a point 616 feet South and 3911 feet West of the NE

corner of said Section 26. 2.4.4.1.6. Underground Spring No. 19-3953: Located in the NW1/4 of NW1/4

of Section 26, Township 3 South, Range 70 West of the 6th P.M., at a point 1100 feet South and 300 feet

East of the NW Corner of said Section 26. 2.4.4.1.7. Underground Spring No. 20-3302: Located in the

NE1/4 of NW1/4 of Section 26, Township 3 South, Range 70 West of the 6th P.M., at a point 896 feet

South and 2858 feet West of the NE corner of said Section 26. 2.4.4.1.8. Underground Spring No. 21-3954:

Located in the NW1/4 of NW1/4 of Section 26, Township 3 South, Range 70 West of the 6th P.M., at a

point 680 feet South and 280 feet East of the NW corner of said Section 26. 2.4.4.1.9. Underground Spring

No. 22-3955: Located in the NE1/4 of NE1/4 of Section 27, Township 3 South, Range 70 West of the 6th

P.M., at a point 870 feet South and 50 feet West of the NE corner of said Section 27. 2.4.4.1.10.

Underground Spring No. 23-3956: Located in the NE1/4 of NE1/4 of Section 27, Township 3 South, Range

70 West of the 6th P.M., at a point 1175 feet South and 172 feet West of the NE corner of said Section 27.

2.4.4.1.11. Underground Spring No. 28-3414: Located in the NE1/4 of NW1/4 of Section 26, Township 3

South, Range 70 West of the 6th P.M., at a point 826 feet South and 2708 feet West of the NE corner of

said Section 26. 2.4.4.1.12. Underground Spring No. 32-3270: Located in the NE1/4 of NW1/4 of Section

26, Township 3 South, Range 70 West of the 6th P.M., at a point 636 feet South and 3028 feet West of the

NE corner of said Section 26. 2.4.4.1.13. Underground Spring No. 35-3303: Located in the NW1/4 of

NE1/4 of Section 26, Township 3 South, Range 70 West of the 6th P.M., at a point 656 feet South and 2428

feet West of the NE corner of said Section 26. 2.4.4.1.14. Underground Spring No. 49-3475: Located in

the NW1/4 of NE1/4 of Section 26, Township 3 South, Range 70 West of the 6th P.M., at a point 70 feet

South and 2553 feet West of the NE corner of said Section 26. 2.4.4.1.15. Underground Spring No. 55-

9

3889: Located in the NW1/4 of NE 1/4 of Section 26, Township 3 South, Range 70 West of the 6th P.M.,

at a point 370 feet South and 1878 feet West of the NE corner of said Section 26. 2.4.4.1.16. Underground

Spring No. 56-3888: Located in the NW1/4 of NE1/4 of Section 26, Township 3 South, Range 70 West of

the 6th P.M., at a point 267 feet South and 1400 feet West of the NE corner of said Section 26. 2.4.4.1.17.

Underground Spring No. 57-3890: Located in the SW1/4 of SE1/4 of Section 23, Township 3 South, Range

70 West of the 6th P.M., at a point 118 feet North and 1408 feet West of the SE corner of said Section 23.

2.4.4.1.18. Underground Spring No. 59-4816: Located in the SE1/4 of SE1/4 of Section 23, Township 3

South, Range 70 West of the 6th P.M., at a point 592 feet North and 558 feet West of the SE corner of said

Section 23. 2.4.4.1.19. Underground Spring No. 68-4364: Located in the NE1/4 of NE1/4 of Section 26,

Township 3 South, Range 70 West of the 6th P.M., at a point 140 feet South and 840 feet West of the NE

corner of said Section 26. 2.4.4.1.20. Underground Spring No. 69-4889: Located in the SE1/4 of SE1/4 of

Section 23, Township 3 South, Range 70 West of the 6th P.M., at a point 210 feet North and 445 feet West

of the SE corner of said Section 23. 2.4.4.1.21. Underground Spring No. 70-6156: Located in the NE1/4

of NE1/4 of Section 26, Township 3 South, Range 70 West of the 6th P.M., at a point 175 feet South and

450 feet West of the NE corner of said Section 26. 2.4.4.1.22. Underground Spring No. 71-4891: Located

in the SE1/4 of SE1/4 of Section 23, Township 3 South, Range 70 West of the 6th P.M., at a point 352 feet

North and 50 feet West of the SE corner of said Section 23. 2.4.4.1.23. Underground Spring No. 72-6157:

Located in the NE1/4 of NE1/4 of Section 26, Township 3 South, Range 70 West of the 6th P.M., at a point

40 feet South and 48 feet West of the NE corner of said Section 26. 2.4.4.1.24. Underground Spring No.

73-5925: Located in the NW1/4 of NW1/4 of Section 25, Township 3 South, Range 70 West of the 6th

P.M., at a point 630 feet South and 830 feet East of the NW corner of said Section 25. 2.4.4.1.25.

Underground Spring No. 74-5926: Located in the NE1/4 of NW1/4 of Section 25, Township 3 South,

Range 70 West of the 6th P.M., at a point 605 feet South and 3820 feet West of the NE corner of said

Section 25. 2.4.4.1.26. Underground Spring No. 75-6367: Located in the NW1/4 of NW1/4 of Section 25,

Township 3 South, Range 70 West of the 6th P.M., at a point 510 feet South and 220 feet East of the NW

corner of said Section 25. 2.4.4.1.27. Underground Spring No. 76-6368: Located in the SE1/4 of NW1/4

of Section 25, Township 3 South, Range 70 West of the 6th P.M., at a point 1370 feet South and 3655 feet

West of the NE corner of said Section 25. 2.4.4.1.28. Underground Spring No. 77-13721: Located in the

NE1/4 of NW1/4 of Section 25, Township 3 South, Range 70 West of the 6th P.M., at a point 800 feet

South and 3335 feet West of the NE corner of said Section 25. 2.4.4.1.29. Underground Spring No. 78-

11908: Located in the NE1/4 of NW1/4 of Section 25, Township 3 South, Range 70 West of the 6th P.M.,

at a point 630 feet South and 2727 feet West of the NE corner of said Section 25. 2.4.4.1.30. Underground

Spring No. 79-9358: Located in the NE1/4 of NW1/4 of Section 25, Township 3 South, Range 70 West of

the 6th P.M., at a point 1230 feet South and 2732 feet West of the NE corner of said Section 25. 2.4.4.1.31.

Underground Spring No. 80-5123: Located in the SW1/4 of SW1/4 of Section 27, Township 3 South,

Range 70 West of the 6th P.M., at a point 720 feet North and 1060 feet East of the SW corner of said Section

27. 2.4.4.1.32. Underground Spring No. 81-5124: Located in the SW1/4 of SW1/4 of Section 27, Township

3 South, Range 70 West of the 6th P.M., at a point 748 feet North and 982 feet East of the SW corner of

said Section 27. 2.4.4.1.33. Underground Spring No. 82-5125: Located in the SW1/4 of SW1/4 of Section

27, Township 3 South, Range 70 West of the 6th P.M., at a point 1055 feet North and 820 feet East of the

SW corner of said Section 27. 2.4.4.1.34. Underground Spring No. 83-5126: Located in the SW1/4 of

SW1/4 of Section 27, Township 3 South, Range 70 West of the 6th P.M., at a point 1285 feet North and

795 feet East of the SW corner of said Section 27. 2.4.4.1.35. Underground Spring No. 88-11910: Located

in the SE1/4 of SW1/4 of Section 19, Township 3 South, Range 69 West of the 6th P.M., at a point 1092

feet North and 3190 feet West of the SE corner of said Section 19. 2.4.4.1.36. Underground Spring No. 89-

11905: Located in the SW1/4 of SE1/4 of Section 19, Township 3 South, Range 69 West of the 6th P.M.,

at a point 1091 feet North and 2623 feet West of the SE corner of said Section 19. 2.4.4.1.37. Underground

Spring No. 90-13722: Located in the SW1/4 of SE1/4 of Section 19, Township 3 South, Range 69 West of

the 6th P.M., at a point 1100 feet North and 2095 feet West of the SE corner of said Section 19. 2.4.4.1.38.

Underground Spring No. 91-13723: Located in the SW1/4 of SE1/4 of Section 19, Township 3 South,

Range 69 West of the 6th P.M., at a point 1050 feet North and 1555 feet West of the SE corner of said

10

Section 19. 2.4.4.1.39. Underground Spring No. 92-11907: Located in the SE1/4 of SW1/4 of Section 19,

Township 3 South, Range 69 West of the 6th P.M., at a point 485 feet North and 3780 feet West of the SE

corner of said Section 19. 2.4.4.1.40. Underground Spring No. 93-11906: Located in the SE1/4 of SW1/4

of Section 19, Township 3 South, Range 69 West of the 6th P.M., at a point 475 feet North and 3180 feet

West of the SE corner of said Section 19. 2.4.4.1.41. Underground Spring No. 94-11909: Located in the

SW1/4 of SE1/4 of Section 19, Township 3 South, Range 69 West of the 6th P.M., at a point 480 feet North

and 2579 feet West of the SE corner of said Section 19. 2.4.4.1.42. Underground Spring No. 95-11904:

Located in the SW1/4 of SE1/4 of Section 19, Township 3 South, Range 69 West of the 6th P.M., at a point

300 feet North and 1978 feet West of the SE corner of said Section 19. 2.4.4.1.43. Underground Spring No.

96-13725: Located in the SW1/4 of SE1/4 of Section 19, Township 3 South, Range 69 West of the 6th

P.M., at a point 300 feet North and 1373 feet West of the SE corner of said Section 19. 2.4.4.1.44.

Underground Spring No. 97-13727: Located in the SE1/4 of SE1/4 of Section 19, Township 3 South, Range

69 West of the 6th P.M., at a point 950 feet North and 795feet West of the SE corner of said Section 19.

2.4.4.1.45. Underground Spring No. 98-13728: Located in the SE1/4 of SE1/4 of Section 19, Township 3

South, Range 69 West of the 6th P.M., at a point 975 feet North and 232 feet West of the SE corner of said

Section 19. 2.4.4.1.46. Underground Spring No. 99-13729: Located in the SW1/4 of SW1/4 of Section 20,

Township 3 South, Range 69 West of the 6th P.M., at a point 950 feet North and 370 feet East of the SW

corner of said Section 20. 2.4.4.1.47. Underground Spring No. 100-13724: Located in the SW1/4 of SW1/4

of Section 20, Township 3 South, Range 69 West of the 6th P.M., at a point 710 feet North and 950 feet

East of the SW corner of said Section 20. 2.4.4.2. Underground Springs in Consolidated Case Nos. W-

8036(75) and W-8256(76) were decreed on April 15, 1977 with a priority date of May 30, 1976. The

underground springs described below are decreed for domestic, commercial, industrial, municipal and fire

protection purposes. All the below described springs are located in Jefferson County, Colorado. 2.4.4.2.1.

Underground Spring No. 101: Located in the NE1/4 of NW1/4 of Section 30, Township 3 South, Range

69 West of the 6th P.M. at a point 3270 feet west of the east line and 30 feet south of the north line of said

Section 30. 2.4.4.2.2. Underground Spring No. 102: Located in the SW1/4 of SE1/4 of Section 19,

Township 3 South, Range 69 West of the 6th P.M., at a point 2620 feet West of the East line and 30 feet

North of the South line of said Section 19. 2.4.4.2.3. Underground Spring No. 103: Located in the NE1/4

of NW1/4 of Section 30, Township 3 South, Range 69 West of the 6th P.M., at a point 3770 feet West of

the East line and 20 feet South of the North line of said Section 30. 2.4.4.2.4. Underground Spring No. 115:

Located in the SE1/4 of SE1/4 of Section 19, Township 3 South, Range 69 West of the 6th P.M., at a point

720 feet west of the east line and 460 feet north of the south line of said Section 19. 2.4.4.2.5. Underground

Spring No. 116: Located in the SE1/4 of SE1/4 of Section 19, Township 3 South, Range 69 West of the 6th

P.M. at a point 250 feet west of the east line and 60 feet north of the south line of said Section 19. 2.4.4.2.6.

Underground Spring No. 117: Located in the NW1/4 of NW1/4 of Section 29, Township 3 South, Range

69 West of the 6th P.M. at a point 200 feet east of the west line and 410 feet south of the north line of said

Section 29. 2.4.4.2.7. Underground Spring No. 118: Located in the NW1/4 of NW 1/4 of Section 29,

Township 3 South, Range 69 West of the 6th P.M. at a point 550 feet east of the west line and 780 feet south

of the north line of said Section 29. 2.4.4.2.8. Underground Spring No. 120: Located in the SW1/4 of

SW1/4 of Section 24, Township 3 South, Range 70 West of the 6th P.M. at a point 600 feet east of the west

line and 500 feet north of the south line of said Section 24. 2.4.4.2.9. Underground Spring No. 121: Located

in the SW1/4 of SW1/4 of Section 24, Township 3 South, Range 70 West of the 6th P.M. at a point 1200

feet east of the west line and 530 feet north of the south line of said Section 24. 2.4.4.2.10. Underground

Spring No. 122: Located in the SE1/4 of SW1/4 of Section 24, Township 3 South, Range 70 West of the

6th P.M. at a point 1810 feet east of the west line and 580 feet north of the south line of said Section 24.

2.4.4.2.11. Underground Spring No. 123: Located in the SE1/4 of SW1/4 of Section 24, Township 3 South,

Range 70 West of the 6th P.M. at a point 2480 feet east of the west line and 620 feet north of the south line

of said Section 24. 2.4.4.2.12. Underground Spring No. 124: Located in the NW1/4 of NW1/4 of Section

25, Township 3 South, Range 70 West of the 6th P.M. at a point 650 feet east of the west line and 110 feet

south of the north line of said Section 25. 2.4.4.2.13. Underground Spring No. 125: Located in the NW1/4

of NW1/4 of Section 25, Township 3 South, Range 70 West of the 6th P.M. at a point 1280 feet east of the

11

west line and 90 feet south of the north line of said Section 25. 2.4.4.2.14. Underground Spring No. 126:

Located in the NE1/4 of NW1/4 of Section 25, Township 3 South, Range 70 West of the 6th P.M. at a point

1890 feet east of the west line and 110 feet south of the north line of said Section 25. 2.4.4.2.15.

Underground Spring No. 127: Located in the SE1/4 of SW1/4 of Section 24, Township 3 South, Range 70

West of the 6th P.M. at a point 2500 feet east of the west line and 20 feet north of the south line of said

Section 24. 2.4.4.2.16. Underground Spring No. 133: Located in the NE1/4 of SW1/4 of Section 27,

Township 3 South, Range 70 West of the 6th P.M. at a point 3100 feet west of the east line and 2830 feet

south of the north line of said Section 27. 2.4.4.2.17. Underground Spring No. 134: Located in the NE1/4

of SW1/4 of Section 27, Township 3 South, Range 70 West of the 6th P.M. at a point 3300 feet west of the

east line and 3070 feet south of the north line of said Section 27. 2.4.4.2.18. Underground Spring No. 135:

Located in the NE1/4 of SW1/4 of Section 27, Township 3 South, Range 70 West of the 6th P.M. at a point

3350 feet west of the east line and 2860 feet south of the north line of said Section 27. 2.4.4.2.19.

Underground Spring No. 136: Located in the SE1/4 of NW1/4 of Section 27, Township 3 South, Range 70

West of the 6th P.M. at a point 3270 feet west of the east line and 2620 feet south of the north line of said

Section 27. 2.4.4.2.20. Underground Spring No. 1: Located in the NE1/4 of SW1/4 of Section 27, Township

3 South, Range 70 West of the 6th P.M. at a point 3300 feet west of the east line and 3090 feet south of the

north line of said Section 27. 2.4.4.2.21. Underground Spring No. 2: Located in the NE1/4 of SW1/4 of

Section 27, Township 3 South, Range 70 West of the 6th P.M. at a point 3320 feet west of the east line and

3120 feet south of the north line of said Section 27. 2.4.4.2.22. Underground Spring No. 9: Located in the

SE1/4 of NW1/4 of Section 27, Township 3 South, Range 70 West of the 6th P.M. at a point 3050 feet west

of the east line and 2380 feet south of the north line of said Section 27. 2.4.4.3. The following underground

springs were decreed in Case No. 90CW064, which was entered as a Decree of the Court on September 30,

1999, and made alternate points of diversion for certain of the underground springs described above, as

decreed in Case Nos. W-7809, W-8036(75) and W-8256(76). 2.4.4.3.1. Underground Spring No. 148:

Located in the NW1/4 of NW1/4 of Section 25, Township 3 South, Range 70 West of the 6th P.M., at a

point 380 feet South of the North section line and 460 feet East of the West section line of said Section 25.

2.4.4.3.2. Underground Spring No. 149: Located in the NW1/4 of NW1/4 of Section 25, Township 3 South,

Range 70 West of the 6th P.M., at a point 380 feet South of the North section line and 1015 feet East of the

West section line of said Section 25. 2.4.4.3.3. Underground Spring No. 150: Located in the NW1/4 of

NW 1/4 of Section 25, Township 3 South, Range 70 West of the 6th P.M., at a point 500 feet South of the

North section line and 1315 feet East of the West section line of said Section 25. 2.4.4.3.4. Underground

Spring No. 151: Located in the NE1/4 of NW1/4 of Section 25, Township 3 South, Range 70 West of the

6th P.M., at a point 380 feet South of the North section line and 1695 feet East of the West section line of

said Section 25. 2.4.4.3.5. Underground Spring No. 152: Located in the SE1/4 of SW1/4 of Section 19,

Township 3 South, Range 69 West of the 6th P.M., at a point 880 feet North of the South section line and

1605 feet East of the West section line of said Section 19. 2.4.4.3.6. Underground Spring No. 153: Located

in the SE1/4 of SW1/4 of Section 19, Township 3 South, Range 69 West of the 6th P.M., at a point 1060

feet North of the South section line and 2460 feet East of the West section line of said Section 19. 2.4.4.3.7.

Underground Spring No. 154: Located in the SW1/4 of SE1/4 of Section 19, Township 3 South, Range 69

West of the 6th P.M., at a point 1060 feet North of the South section line and 2280 feet West of the East

section line of said Section 19. 2.4.4.3.8. Underground Spring No. 155: Located in the SW1/4 of SE1/4 of

Section 19, Township 3 South, Range 69 West of the 6th P.M., at a point 1060 feet North of the South

section line and 1780 feet West of the East section line of said Section 19. 2.4.4.3.9. Underground Spring

No. 156: Located in the SW1/4 of SE1/4 of Section 19, Township 3 South, Range 69 West of the 6th P.M.,

at a point 850 feet North of the South section line and 1380 feet West of the East section line of said Section

19. 2.4.4.3.10. Underground Spring No. 157: Located in the SE1/4 of SW1/4 of Section 19, Township 3

South, Range 69 West of the 6th P.M., at a point 180 feet North of the South section line and 1455 feet East

of the West section line of said Section 19. 2.4.4.3.11. Underground Spring No. 158: Located in the SE1/4

of SW1/4 of Section 19, Township 3 South, Range 69 West of the 6th P.M., at a point 470 feet North of the

South section line and 1855 feet East of the West section line of said Section 19. 2.4.4.3.12. Underground

Spring No. 159: Located in the SE1/4 of SW1/4 of Section 19, Township 3 South, Range 69 West of the

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6th P.M., at a point 470 feet North of the South section line and 2460 feet East of the West section line of

said Section 19. 2.4.4.3.13. Underground Spring No. 160: Located in the SW1/4 of SE1/4 of Section 19,

Township 3 South, Range 69 West of the 6th P.M., at a point 450 feet North of the South section line and

1380 feet West of the East section line of said Section 19. 2.4.4.3.14. Underground Spring No. 162: Located

in the NE1/4 of NW1/4 of Section 30, Township 3 South, Range 69 West of the 6th P.M., at a point 172

feet South of the North section line and 2493 feet East of the West section line of said Section 30.

2.4.4.3.15. Underground Spring No. 165: Located in the NW1/4 of NE1/4 of Section 30, Township 3 South,

Range 69 West of the 6th P.M., at a point 485 feet South of the North section line and 2590 feet West of

the East section line of said Section 30. 2.4.4.3.16. Underground Spring No. 166: Located in the NW1/4

of NE1/4 of Section 30, Township 3 South, Range 69 West of the 6th P.M., at a point 485 feet South of the

North section line and 2183 feet West of the East section line of said Section 30. 2.4.4.3.17. Underground

Spring No. 167: Located in the NW1/4 of NE1/4 of Section 30, Township 3 South, Range 69 West of the

6th P.M., at a point 485 feet South of the North section line and 1789 feet West of the East section line of

said Section 30. 2.4.4.3.18. Underground Spring No. 168: Located in the NW1/4 of NE1/4 of Section 30,

Township 3 South, Range 69 West of the 6th P.M., at a point 485 feet South of the North section line and

1400 feet West of the East section line of said Section 30. 2.4.4.3.19. Underground Spring No. 169: Located

in the NE1/4 of NE1/4 of Section 30, Township 3 South, Range 69 West of the 6th P.M., at a point 190 feet

South of the North section line and 1260 feet West of the East section line of said Section 30. 2.4.4.3.20.

Underground Spring No. 110: Located in the NE1/4 of the NW1/4 of Section 30, Township 3 South, Range

69 West of the 6th P.M., at a point 210 feet South of the North section line and 1997 feet East of the West

section line of said Section 30. 2.4.5. Jefferson Storage System: The Jefferson Storage System, decreed in

Case No. W-152 on July 23, 1971, as modified by Case No. 88CW206 on December 30, 1993, is a series

of reservoirs located near Coors’s industrial facility in the Clear Creek Basin near Golden, Colorado. Frost

and Waldorf Reservoirs and the West Gravel Lakes (as alternate places of storage for Frost and Waldorf

Reservoirs) are part of the Jefferson Storage System as described in this subparagraph, yet are located

outside of the exchange reach, and are not part of this appropriative right of exchange. The decreed uses

are for: irrigation, domestic, mechanical, manufacturing, generation of power, power generally, fire

protection, sewage treatment, street sprinkling, watering of parks, trees, lawns and grounds, recreation, golf

club, storage reserves, replacement, adjustments and regulation of the Jefferson Storage System with other

uses, and ground water storage and recharge, and water exchange. Below are the names of structures and

the decreed locations of reservoirs. 2.4.5.1. Clinton Reservoir: Located in the SE1/4 of the SW1/4 of

Section 24 and in the NE1/4 of the NW1/4 of Section 25, Township 3 South, Range 70 West of the 6th P.M.,

in Jefferson County, Colorado. Water for said reservoir will be diverted from the right bank of Clear Creek

at a point whence the SW Corner of Section 24, Township 3 South, Range 70 West of the 6th P.M. bears

South 0° East, 700 feet. 2.4.5.2. Crawford Reservoir: Located in the SW1/4 of the SW1/4 of Section 24

and in the NW1/4 of the NW1/4 of Section 25, Township 3 South, Range 70 West of the 6th P.M., in

Jefferson County, Colorado. Water for said reservoir will be diverted from the right bank of Clear Creek

at a point whence the SW corner of said Section 24, Township 3 South, Range 70 West of the 6th P.M. bears

South 0° West, 700 feet. 2.4.5.3. Wanemaker (Wannamaker) Reservoir: Located in the SE1/4 of the SE1/4

of Section 23 and in the NE1/4 of the NE1/4 of Section 26, Township 3 South, Range 70 West of the 6th

P.M., in Jefferson County, Colorado. Water for said reservoir will be diverted from the right bank of Clear

Creek at a point whence the SE corner of said Section 23, Township 3 South, Range 70 West of the 6th P.M.

bears North 90° East, 1,300 feet. 2.4.5.4. Hawley Reservoir:* Located in the E 1/2 of the NW1/4 of Section

30, Township 3 South, Range 69 West of the 6th P.M., in Jefferson County, Colorado. Water for said

reservoir will be diverted from the right bank of Clear Creek at a point whence the SW corner of said

Section 19, Township 3 South, Range 69 West of the 6th P.M. bears South 0° West, 1,100 feet. 2.4.5.5. Lee

Reservoir:* Located in the W 1/2 of the NE1/4 of Section 30, Township 3 South, Range 69 West of the 6th

P.M., in Jefferson County, Colorado. Water for said reservoir will be diverted from the right bank of Clear

Creek at a point whence the SW corner of said Section 19, Township 3 South, Range 69 West of the 6th

P.M. bears South 0° West, 1,100 feet. 2.4.5.6. Summers Reservoir:* Located in the SE1/4 of the SW1/4 of

Section 19, and in the NE1/4 of the NW1/4 of Section 30, Township 3 South, Range 69 West of the 6th

13

P.M., in Jefferson County, Colorado. Water for said reservoir will be diverted from the right bank of Clear

Creek at a point whence the SW corner of said Section 19, Township 3 South, Range 69 West of the 6th

P.M. bears South 0° West, 1,100 feet. 2.4.5.7. Eskins Reservoir:* Located in the SW1/4 of the SE1/4 of

Section 19, and in the NW1/4 of the NE1/4 of Section 30, Township 3 South, Range 69 West of the 6th

P.M., in Jefferson County, Colorado. Water for said reservoir will be diverted from the right bank of Clear

Creek at a point whence the S 1/4 corner of said Section 19, Township 3 South, Range 69 West of the 6th

P.M. bears S 0° East, 1,300 feet. 2.4.5.8. Pearson Reservoir No. 1: Located in the NE1/4 of the NE1/4 of

Section 30 and in the SE1/4 of the SE1/4 of Section 19, Township 3 South, Range 69 West of the 6th P.M.,

in Jefferson County, Colorado. Water for said reservoir will be diverted from the Pearson Ditch at a point

whence the corner common to Sections 19, 20, 29 and 30, Township 3 South, Range 69 West of the 6th

P.M. bears N 77° East, 1,310 feet. 2.4.5.9. Pearson Reservoir No. 1 Enlargement: Located in the SE1/4 of

the SE1/4 of Section 19, and in the NE1/4 of the NE1/4 of Section 30, and in the NW1/4 of the NW1/4 of

Section 29, Township 3 South, Range 69 West of the 6th P.M., in Jefferson County, Colorado. Water for

said reservoir will be diverted from the right bank of Clear Creek at a point whence the SW corner of said

Section 19, Township 3 South, Range 69 West of the 6th P.M. bears South 64° West, 2,800 feet. 2.4.5.10.

B-2 Lake: Located on a parcel of land in the SW1/4 of Section 24, Township 3 South, Range 70 West of

the 6th P.M., Jefferson County, Colorado. Point of diversion of the structure used to fill the Reservoir: Is

the Wannamaker Ditch, as described in paragraph 2.4.2.1, above. 2.4.5.11 B-3 Lake: Located on a parcel

of land in the NW1/4 of Section 30 and in the SW1/4 of Section 19, Township 3 South, Range 69 West of

the 6th P.M., Jefferson County, Colorado. Points of diversions of the structure used to fill the Reservoir:

2.4.5.11.1. On the right bank of Clear Creek at a point whence the South 1/4 corner of Section 24, Township

3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado, bears S 0° E., 900 feet. 2.4.5.11.2.

On the right bank of Clear Creek at a point whence the SE corner of Section 24, Township 3 South, Range

70 West of the 6th P.M., Jefferson County, Colorado, bears S 60° E., 1900 feet. 2.4.5.11.3. On the South

side of Clear Creek which is on the South side of the diversion dam common to the Croke Canal and the

Rocky Mountain Ditch in the NE1/4 NE1/4 NW1/4 of Section 26, Township 3 South, Range 70 West of

the 6th P.M., Jefferson County, Colorado, and which bears South 18°12’ 25” West a distance of 401.11 feet

from the North 1/4 corner of said Section 26. 2.4.5.11.4. On the Miles & Eskins Drainage, Seepage and

Waste Water Ditch at a point whence the NW corner of Section 30, Township 3 South, Range 69 West of

the 6th P.M., Jefferson County, Colorado, bears N 18° 46’ West 1,621 feet. 2.4.5.12. B-4 Lake: Located

on a parcel of land in the NE1/4 of Section 25, and in the SE1/4 of Section 24, Township 3 South, Range

70 West of the 6th P.M., in Jefferson County, Colorado, and more particularly described as follows:

Commencing at the NE corner of said Section 25 which point is also the Point of Beginning; thence S 00°

09’ 02” W along the East line of said Section 25 for a distance of 2294.00 feet; thence N 87° 57’ 37” W for

a distance of 2618.35 feet to the Easterly right-of-way of McIntyre Street; thence N 00° 01’ 20” E along

said right-of-way for a distance of 2,065.10 feet; thence S 89° 43’ 46” E for a distance of 920.81 feet; thence

N 56° 12’ 36” E for a distance of 1379.95 feet; thence N 79° 51’ 11” E for a distance of 563.94 feet to the

East line of the SE1/4 of said Section 24; thence S 00° 04’ 01” W along said line for a distance of 726.75

feet to the Point of Beginning, containing 147.26 acres more or less. Points of diversion: Are the same as

those described in paragraphs 2.4.5.11.1 – 2.4.5.11.4, above. 2.4.5.13. B-5 East Lake:* Located on a parcel

of land in the SW1/4 of Section 20, and in the NW1/4 of Section 29, and in the NE1/4 of Section 30, and

in the SE1/4 of Section 19, Township 3 South, Range 69 West of the 6th P.M., in Jefferson County,

Colorado, and more particularly described as follows: Beginning at the NE corner of said parcel from

whence the SW corner of said Section bears S 44°54’15” W for a distance of 1411.34 feet; thence S

00°29'44" E along the Westerly right-of-way of Colorado Interstate 70 for a distance of 1587.97 feet; thence

S 41°42’18” W to a point on the Northeasterly right-of-way of the Denver Water Board for a distance of

354.31 feet; thence N 48°17'42" W along the Northeasterly right-of-way for a distance of 2671.15 feet;

thence S 89°53'13" E for a distance of 333.32 feet; thence N 65°11'47" E for a distance of 177.70 feet;

thence S 89°26'41" E to the East line of the SE1/4 of the SE1/4 of said Section 19 for a distance of 731.27

feet; thence N 89°31'56" E for a distance of 990.00 feet to the Point of Beginning, containing 52.28 acres

more or less. Points of diversions of the structure used to fill the Reservoir: 2.4.5.13.1. On the right bank of

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Clear Creek at a point whence the SW corner of Section 19, Township 3 South, Range 69 West of the 6th

P.M., in Jefferson County, Colorado, bears S 64° W, 2800 feet.2.4.5.13.2. On the Pearson Ditch at a point

whence the corner common to Sections 19, 20, 29, and 30, Township 3 South, Range 69 West of the 6th

P.M., in Jefferson County, Colorado, bears N 77°E, 1310 feet. 2.4.5.14. B-6 Lake: Located on a parcel of

land in the NE1/4 and the SE1/4 of Section 23, Township 3 South, Range 70 West of the 6th P.M., Jefferson

County, Colorado, and more particularly described as follows: Beginning at a point on the Southeasterly

corner of said parcel and the Northerly right-of-way of the Burlington Northern Railroad from whence the

East 1/4 corner of said Section 23 bears N 08°03’04” E for a distance of 947.43 feet; thence S 59°44’42”

W along said Northerly railroad right-of-way for a distance of 1044.52 feet to a point of intersection of the

Northerly right-of-way of West 44th Avenue; thence S 73°54’56” W along said right-of-way for a distance

of 177.45 feet to the intersection on the Easterly right-of-way of Salvia Street; thence N 01°51’49” E for a

distance of 243.86 feet to a point of intersection on the Southeasterly right-of-way of the Farmers High Line

Canal; thence N 42°32’36” E along said Canal-for a distance of 69.81 feet to a point of curve; thence on a

curve to the left which curve has a central angle of 81°56’00” a radius of 408.20 and an arc length of 134.86

feet to a point of tangent; thence N 23°36’37” E along said Canal right-of-way for a distance of 347.63 feet

to a point of curve to the left which curve has a central angle of 19°30’40” a radius of 360.66 feet and an

arc length of 122.79 feet to a point of tangent; thence N 04°05’57” E along said Canal right-of-way for a

distance of 344.40 feet to a point of curve to the right which curve has a central angle of 05°02’00” a radius

of 1067.53 feet and an arc length of 93.75 feet to a point of tangent; thence N 09°07’56” E along said Canal

right-of-way for a distance of 231.32 feet to a point of curve which curve has a central angle of 24°11'37"

a radius of 316.61 feet and an arc length of 133.67 feet to a point of tangent; thence N 33°19’34” E along

said Canal right-of-way for a distance of 164.26 feet to a point of curve which curve has a central angle of

14°49’45” a radius of 316.07 feet and an arc length of 81.79 feet to the point of tangent; thence N 48°09’19”

E along said Canal right-of-way for a distance of 517.59 feet; thence S 27°26’14” E for a distance of 623.40

feet; thence S 00°00’00” E for a distance of 964.32 feet to the Point of Beginning, containing 34.48 acres

more or less. Point of diversion: Through the Wannamaker Ditch at a point described in paragraph 2.4.2.1.,

above. 2.4.5.15. B-7 Lake: Located on a parcel of land in the SW1/4 of Section 24 and in the SE1/4 of

Section 23, Township 3 South, Range 70 West of the 6th P.M., in Jefferson County, Colorado, and more

particularly described as follows: Beginning at the Northwesterly corner of said parcel which is on the

Southerly right-of-way of 44th Avenue, from whence the Southeast corner of said Section 23 bears S

14°28’29” E a distance of 1418.70 feet; thence S 28°21’00” E for a distance of 225.71 feet to a point on the

Northerly right-of-way of the Croke Canal to a point of curve to the right which curve has a central angle

of 05°17’53” a radius of 974.12 feet and an arc length of 90.08 feet to a point of reverse curve to the left

which curve has a central angle of 06°15’17” a radius of 1392.30 feet and an arc length of 147.94 feet to a

point on the East line of said Section 23; thence N 02°51’17” W for a distance of 10.00 feet to a point of

curve to the left which curve has a central angle of 03°54’43” a radius of 1382.37 feet and an arc length of

94.38 feet to a point of compound curve to the left which curve has a central angle of 15°45’00” a radius

of 768.45 feet and an arc length of 211.24 feet to a point of reverse curve; thence continuing along said

Canal right-of-way on said reverse curve to the right which curve has a central angle of 11°40’00” a radius

of 909.42 feet and an arc length of 185.18 feet to a point of tangent; thence continuing on said Canal right-

of-way N 79°09'00" E for a distance of 545.77 feet to a point of curve to the left which curve has a central

angle of 46°30’24” a radius of 514.36 feet and an arc length of 417.50 feet to a point of tangent; thence N

32°38’36” E for a distance of 718.13 to a point on the Southerly right-of-way of West 44th Avenue; thence

along said 44th Avenue right-of-way S 69°45’00” W for a distance of 772.28 feet; thence continuing on

said right-of-way N 20°15’00” W for a distance of 20.00 feet; thence S 69°45’00” W for a distance of

355.03 feet to the Easterly property line of Public Service Company property; thence along said property S

20°15’00” E for a distance of 259.72 feet; thence continuing along said property S 69°45’00” W for a

distance of 294.26 feet; thence continuing along said property N 27°25’00” W for a distance of 261.76 feet

to the Southerly right-of-way of West 44th Avenue; thence along said right-of-way S 69°45’00” W for a

distance of 308.56 feet; thence continuing along said right-of-way S 38°14’36” E for a distance of 27.46

feet to a point of curve to the left which curve has a central angle of 04°58’00” a radius of 1919.57 feet and

15

an arc length of 166.41 feet to a point of tangent; thence continuing along said right-of-way S 59°44’00”

W for a distance of 344.28 feet to the Point of Beginning, containing 18.25 acres more or less. Point of

diversion of the structure used to fill the Reservoir: Through the Wannamaker Ditch at a point on the North

bank of Clear Creek in the NE1/4 of Section 27, Township 3 South, Range 70 West of the 6th P.M., in

Jefferson County, Colorado, whence the NE corner of said Section 27, bears N 38°17.5’ E, 2099.64 feet.

2.4.5.16. B-9 Lake: Alternate place of storage for the Frost and Waldorf Rights. (From 88CW206).

Located on a parcel in the N1/2 SE1/4 of Section 19, Township 3 South, Range 69 West of the 6th P.M., in

Jefferson County, Colorado, lying South of Highway 58; East of the Denver Water Board R.O.W.; and

North of Clear Creek. Points of Diversions of the structure used to fill the Reservoir: 2.4.5.16.1. On the

North side of Clear Creek in the NW1/4 SE1/4 of Section 19, Township 3 South, Range 69 West of the 6th

P.M., in Jefferson County, Colorado, at a point which is approximately 1700 feet from the East section line

and 1400 feet from the South section line of said Section 19. 2.4.5.16.2. Through the Slough Ditch at a

point on the North bank of Clear Creek in the NW1/4 SE1/4 of Section 19, Township 3 South, Range 69

West of the 6th P.M., in Jefferson County, Colorado, at a point which is approximately 2400 feet from the

East section line and 1320 feet from the South section line of said Section 19. 2.4.5.16.3. Through the Reno

and Juchem Ditch at a point on the North bank of Clear Creek in the SE1/4 SW1/4 of Section 19, Township

3 South, Range 69 West of the 6th P.M., in Jefferson County, Colorado, at a point approximately 1320 feet

from the West section line and 1250 feet from the South section line of said Section 19. 2.4.5.17. West

Lake: Located on a parcel of land in the South 1/2 of Section 20 and the North 1/2 of Section 30, Township

3 South, Range 69 West of the 6th P.M., Jefferson County, Colorado, and more particularly described as

follows: Beginning at a point whence the S 1/4 corner of said Section 20 bears S 66°33’50” E for a distance

of 269.53 feet; thence S 64°29’14” W for a distance of 616.53 feet to a point on the Wheatridge Greenbelt

Lease Line; thence N 00°51’09” W along said Lease Line for a distance of 1741.97 feet; thence N 77°15’36”

E for a distance of 48.75 feet; thence N 64°33’16” E for a distance of 75.03 feet; thence N 61°42’11” E for

a distance of 231.53 feet; thence N 66°11’47” E for a distance of 170.34 feet; thence N 68°16’03” E for a

distance of 81.95 feet; thence N 75°41’01” E for a distance of 106.98 feet; thence N 81°43’17” E for a

distance of 133.28 feet; thence N 89°17’40” E for a distance of 121.73 feet; thence S 81°21’39”E for a

distance of 238.19 feet; thence along a curve to the right which curve has a central angle of 75°10’02” a

radius of 193.61 feet and an arc length of 254.00 feet to a point of tangent; thence S 01°22'40"W for a

distance of 47.08 feet; thence N 85°19'46"E for a distance of 286.64 feet; thence S 71°20'44" E for a distance

of 32.45 feet; thence S 87°08'26" E for a distance of 34.66 feet; thence N 89°01'29"E for a distance of

131.24 feet; thence N 83°04'26" E for a distance of 84.59 feet; thence S 85°03'23" E for a distance of 105.15

feet; thence S 76°32'17" E for a distance of 147.73 feet; thence S 70°37'40"E for a distance of 27.85 feet;

thence S 48°02'50"E for a distance of 22.33 feet; thence S 27°44'13" E for a distance of 43.26 feet to the

East line of the West 1/2 of the Southeast 1/4 of said Section 20; thence S 00°07'43"E along said Section

line for a distance of 611.14 feet; thence S 84°54'43"W for a distance of 35.00 feet to a point on the

Wheatridge Greenbelt Lease Line; thence S 43°29'10"W along said Lease Line for a distance of 358.76

feet; thence S 86°27'46" W for a distance of 558.63 feet; thence S 68°07'07" W for a distance of 618.11

feet; thence S 68°07'06" W for a distance of 87.22 feet; thence S 58°51'52" W for a distance of 193.77 feet;

thence S 00°04'29"W for a distance of 180.00 feet to the Point of Beginning, containing 64.06 acres more

or less. Point of diversion: At a point on the South side of Clear Creek in the SW1/4 of Section 20,

Township 3 South Range 69 West of the 6th P.M., in Jefferson County, Colorado, whence the South 1/4

corner of said Section 20, bears S 1° E., 1920 feet. 2.4.5.18. Bass Lake: Located on a parcel of land in the

South 1/2 of Section 20 and the North 1/2 of Section 30, Township 3 South, Range 69 West of the 6th P.M.,

Jefferson County, Colorado, and more particularly described as follows: Beginning at a point whence the

South 1/4 corner of said Section 20 bears S 66°33'50" E for a distance of 269.53 feet; thence S 64°29'14"

W for a distance of 616.53 feet to a point on the Wheatridge Greenbelt Lease Line; thence N 00°51'09" W

along said Lease Line for a distance of 1741.97 feet; thence N 77°15'36" E for a distance of 48.75 feet;

thence N 64°33'16" E for a distance of 75.03 feet; thence N 61°42'11"E for a distance of 231.53 feet; thence

N 66°11'47" E for a distance of 170.34 feet; thence N 68°16'03" E for a distance of 81.95 feet; thence N

75°41'01" E for a distance of 106.98 feet; thence N 81°43'17"E for a distance of 133.28 feet; thence N

16

89°17'40" E for a distance of 121.73 feet; thence S 81°21'39"E for a distance of 238.19 feet; thence along

a curve to the right which curve has a central angle of 75°10'02" a radius of 193.61 feet and an arc length

of 254.00 feet to a point of tangent; thence S 01°22'40"W for a distance of 47.08 feet; thence N 85°19'46"E

for a distance of 286.64 feet; thence S 71°20'44" E for a distance of 32.45 feet; thence S 87°08'26" E for a

distance of 34.66 feet; thence N 89°01'29"E for a distance of 131.24 feet; thence N 83°04'26" E for a

distance of 84.59 feet; thence S 85°03'23" E for a distance of 105.15 feet; thence S 76°32'17" E for a

distance of 147.73 feet; thence S 70°37'40"E for a distance of 27.85 feet; thence S 48°02'50"E for a distance

of 22.33 feet; thence S 27°44'13" E for a distance of 43.26 feet to the East line of the West 1/2 of the SE1/4

of said Section 20; thence S 00°07'43"E along said Section line for a distance of 611.14 feet; thence S

84°54'43"W for a distance of 35.00 feet to a point on the Wheatridge Greenbelt Lease Line; thence S

43°29'10"W along said Lease Line for a distance of 358.76 feet; thence S 86°27'46" W for a distance of

558.63 feet; thence S 68°07'07" W for a distance of 618.11 feet; thence S 68°07'06" W for a distance of

87.22 feet; thence S 58°51'52" W for a distance of 193.77 feet; thence S 00°04'29"W for a distance of

180.00 feet to the Point of Beginning, containing 64.06 acres more or less. Point of diversion: At a point

on the South side of Clear Creek in the SE1/4 of Section 20, Township 3 South, Range 69 West of the 6th

P.M., in Jefferson County, Colorado, whence the South ¼ corner of said Section 20, bears S. 30°W., 1880

feet. 2.4.5.19. Tabor Lake: Located on a parcel of land in the East 1/2 of Section 20, Township 3 South,

Range 69 West of the 6th P.M., Jefferson County, Colorado, and more particularly described as follows:

Beginning at a point on the East-West Center Line of said Section 20 from whence the East 1/4 corner of

said Section 20 bears N 89°37'13" E for a distance of 836.84 feet; thence S 00°10'30" E for a distance of

132.00 feet; thence N 89°21'26"E for a distance of 165.00 feet; thence S 00°01'30"E for a distance of 803.67

feet; thence N 84°49'19" W for a distance of 1432.87 feet; thence N 00°02'08" W for a distance of 790.37

feet; thence N 89°21'26" E for a distance of 306.90 feet; thence N 00°02'40" W for a distance of 238.36

feet; thence N 89°38'20" E for a distance of 325.18 feet; thence N 00°06'13" W for a distance of 58.89 feet;

thence N 89°21'26"E for a distance of 469.74 feet; thence S 00°09'28" E for a distance of 295.65 feet;

thence N 89°21'25" E for a distance of 157.38 feet to the Point of Beginning, containing 26 acres more or

less. Point of diversion: Through the Slough Ditch at a point described in paragraph 2.4.5.16.2, above.

2.4.5.20. Prospect Park Lake: Located on a parcel of land in the W1/2 of Section 21, Township 3 South,

Range 69 West of the 6th P.M., in Jefferson County, Colorado and more particularly described as follows:

Beginning at the SW corner of said parcel which point is on the West Line of the SW1/4 of said Section 21

from whence the W1/4 corner of said Section bears N 00°13'17" W for a distance of 666.42 feet; thence

continuing along said West line of the NW1/4 of said Section 21 for a distance of 213.93 feet; thence N

89°19'08" E for a distance of 821.7 feet; thence S 00°20'57" E for a distance of 881.80 feet; thence S

89°25'14" W for a distance of 823.61 feet to the Point of Beginning, containing 10 acres more or less. Point

of diversion of the structure used to fill the Reservoir: Through the Slough Ditch at a point described in

paragraph 2.4.5.16.2, above. * In its pending application in Case No. 18CW3225 (Water Division No. 1),

Coors seeks to change the locations and/or points of diversion for all or part of the five indicated reservoirs

and conditional storage rights. 2.4.6. Coors Industries Ditch: Originally decreed in Case No. W-224 as

amended by Case No. W-7585. Point of diversion is located on the Southern bank of Clear Creek at a point

which is South 25°6'12" East, 1525.92 feet from the NW corner of the SW1/4 of Section 27, Township 3

South, Range 70 West of the 6th P.M., Jefferson County, Colorado. Alternate points of diversion for the

Coors Industries Ditch as decreed in Case No. W-7585: 2.4.6.1. Coors Cooling Water Intake. Point of

diversion located at a point on the South bank of Clear Creek in the SW1/4 of Section 27, Township 3

South, Range 70 West, which bears South 32°59'17" East 1620.67 feet from the NW corner of the SW1/4

of Section 27, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado. 2.4.6.2. The

Wannamaker Ditch with a point of diversion as described above in paragraph 2.4.2.1. 2.4.6.3. The Rocky

Mountain Ditch. The point of diversion is located on the South side of the Croke Dam in the NE1/4 NE1/4

NW1/4 of Section 26, Township 3 South, Range 70 West of the 6th P.M., at a point on the South side of

Clear Creek which bears South 18°12'25" West, a distance of 401.11 feet from the N1/4 corner of said

Section 26, Jefferson County, Colorado. 2.4.6.4. Coors Industries Ditch Alternate Point of Diversion #3.

Point of diversion at a headgate in the SE1/4 of Section 24, Township 3 South, Range 70 West of the 6th

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P.M., located at a point on the South bank of Clear Creek whence the S1/4 corner of Section 24, Township

3 South, Range 70 West of the 6th P.M. bears South 47°51’47” W, a distance of 1375.04 feet, in Jefferson

County, Colorado. 2.4.7. Discharge Points from the Coors Industrial Complex: 2.4.7.1. Cooling Water

Pumped Return Above Cooling Water Inlet: A point lying in the SW1/4 of Section 27, Township 3 South,

Range 70 West of the 6th P.M., in Jefferson County, Colorado, and more particularly described as lying S

32°28'54" East, 1622.56 feet from the W 1/4 corner of said section. 2.4.7.2. Cooling Water Pumped Return

Below Cooling Water Inlet: A point lying in the SW1/4 of Section 27, Township 3 South, Range 70 West

of the 6th P.M., in Jefferson County, Colorado, and more particularly described as lying S 33°37'49" E,

1609.50 feet from the W1/4 corner of said section. 2.4.7.3. Pond Overflow Cooling Water Return: A point

lying in the SW1/4 of Section 27, Township 3 South, Range 70 West of the 6th P.M., in Jefferson County,

Colorado, and more particularly described as lying S 71°21'56" E, 1890.89 feet from the W1/4 corner of

said section. 2.4.7.4. Hot Well #1 Cooling Water Return: A point lying in the SW1/4 of Section 27,

Township 3 South, Range 70 West of the 6th P.M., in Jefferson County, Colorado, and more particularly

described as lying S 81°17’01” E, 2094.53 feet from the W1/4 corner of said section. 2.4.7.5. Hot Well #2

Cooling Water Return: A point lying in the SW1/4 of Section 27, Township 3 South, Range 70 West of

the 6th P.M., in Jefferson County, Colorado, and more particularly described as lying S 75°00'09" E,

1944.76 feet from the W1/4 corner of said section. 2.4.7.6. South Loop Cooling Water Return: A point

lying in the NE1/4 of Section 27, Township 3 South, Range 70 West, of the 6th P.M., in Jefferson County,

Colorado, more particularly described as lying N 84°15'31" E, 2791.31 feet from the W1/4 corner of said

section. 2.4.7.7. Cooling Water Screen Backwash: At a point on the South bank of Clear Creek in Section

27, Township 3 South, Range 70 West of the 6th P.M., in Jefferson County, Colorado, more particularly

described as lying S 39°38'50" E, 1611.0 feet from the W1/4 corner of said Section 27. 2.4.7.8. Sewage

Disposal Plant Outfall: At a point on the North bank of Clear Creek in Section 24, Township 3 South,

Range 70 West of the 6th P.M., in Jefferson County, Colorado. 2.4.7.9. Water Treatment Plant Backwash:

At a point on the South bank of Clear Creek in Section 24, Township 3 South, Range 70 West of the 6th

P.M., in Jefferson County, Colorado, more particularly described as lying N 23°24'49" West, 1112.61 feet

from the SE corner of said Section 24. 2.5. Source: Clear Creek, a tributary of the South Platte River. The

source of exchange water is water from Clear Creek that may be stored or is divertible in the exercise of

the water rights changed by Decree in Case No. 89CW234. 2.6. Appropriation Date: December 29, 1989.

2.7. Priority Date: December 29, 1989. 2.8. Decreed Uses: Agricultural and mechanical purposes,

including drinking water, sanitation, fire protection purposes, cooling, manufacturing and normal urban

usage, purposes, exchange and augmentation purposes. 3. Amounts: Coors may divert by exchange an

annual maximum of 1,500 acre-feet during the non-Croke season (March 21 through November 10) at a

maximum rate of 13.2 c.f.s. During the Croke season (November 11 through March 20), Coors may only

exchange water after 2,836 acre-feet of its Croke by-pass water has been stored under the terms of the

“Cosmic” Decree in Case No. 88CW268. 7.15 c.f.s. of the decreed amount was made absolute in Case No.

06CW83, leaving 6.05 c.f.s. conditional from the originally decreed 13.2 c.f.s. The 6.05 c.f.s. conditional

right is the subject of this application. 4. Use: For all of the purposes for which water may lawfully be used

through the structures to which the exchanges are made. 5. Reasonable Diligence in Development of

Conditional Appropriative Right of Exchange: In support of this Application for Finding of Reasonable

Diligence, during this diligence period from May 2014 through May 2020, in continuing the development

of the conditional appropriative right of exchange for use in its unified system, Coors has been engaged in

the use, construction and completion of some of the diversion facilities, storage facilities, and water rights

involved. In addition, Coors has been engaged in the legal defense and protection of said water rights, and

has continued in the planning, designing and exploration of the physical and business arrangements

associated with the construction and use of the water rights and facilities involved. Work done during the

diligence period toward completion and exercise of the appropriative rights of exchange, and application

of water to a beneficial use as conditionally decreed, include the following activities: 5.1. Diligence

activities directly related to development of the conditional Augmentation Plan II appropriative right of

exchange in this application include: 5.1.1. Coors has exercised, operated and administered its decreed

Plans for Augmentation and Exchange, but the exchange in operation of Coors Augmentation Plan II has

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not exceeded the amounts previously decreed absolute in Case No. 06CW83. The Plan for Augmentation,

including exchange, decreed in Case No. 89CW234 is operated and administered in conjunction with

Coors’s decreed Augmentation Plan I (Case Nos. W-8036(75), W-8256(76) and 88CW271), and

Augmentation Plan III (Case No. 99CW236), and consistent with the decree in Case No. 89CW234. 5.1.2.

During the diligence period, Coors has made substantial refinements to its accounting for its Augmentation

Plans and exchanges decreed in the above-described cases, in coordination with the Division Engineer’s

Office. Coors believes that its revised accounting will improve the basis for the operation of the exchange

at issue in this application, in accordance with the decree in Case No. 89CW234. 5.2. Unified System

Activities: The appropriative rights of exchange in this Application are integral features in Coors’s unified

water system developed by Coors for beverage and food production, malting, irrigation, domestic and other

commercial and industrial uses, as this Court found in Case No. 06CW83. Other components of the unified

water system include the Straight Creek Tunnel Drainage and Effluent System (Case Nos. W-1665 in Water

Division No. 5 and W-7097 in Water Division No. 1); Jefferson Storage System (Case Nos. W-152 and

88CW206; realignment of certain Jefferson Storage System reservoirs pending in Case No. 18CW3225);

Coors Golden Milling Right (Civil Action No. B-9675, Jefferson County District Court); Coors’s

Underground Springs (Case Nos. W-7809-74, 90CW064 and 95CW081) and Augmentation Plan Springs

(Case No. 81CW110); Idaho Springs Reservoir (Case No. 84CW671); the nontributary wells that are the

subject of Case No. 85CW051; Coors Industries Ditch (Case Nos. W-224 and W-7585); the Coors

Augmentation Plans I and III decreed in Case Nos. W-8036(75), W-8256(76), 88CW271 and 99CW236;

Coors Augmentation Plan IV (application pending in Case No. 17CW3177); the Cosmic Decree (Case No.

88CW271), and related exchanges decreed in Case Nos. 88CW268, 88CW272 and 96CW1117 (all cases

are decrees entered in Water Division No. 1, except where otherwise noted); as well as a complete water

treatment, cooling, and distribution system at the plant site in Golden, Colorado. As described below, Coors

and its affiliated entities, including Molson Coors Beverage Company, MillerCoors LLC, and Rocky

Mountain Water Company, have expended substantial effort in the development of Coors’s overall unified

system of which the rights identified in this Application are integral components. During this diligence

period, Coors has continued the development of the unified water supply system of which the exchanges

that are the subject of this Application are an integral part. This Court has determined that continued

development and maintenance of Coors’s unified water system constitutes diligence for the individual water

rights associated with that system as found by this Court. See, e.g., Decree in Case No. 13CW3112 at page

28, ¶ 9.2 (May 16, 2014). Coors has also been engaged in the legal defense and protection of said water

rights and has continued in the planning, design, and exploration of the physical and business problems

associated with the construction and use of the diversion facilities and water rights involved. During this

diligence period, Coors and its affiliates, including MillerCoors, have undertaken the following activities

and expended at least $1,900,000 for the development and maintenance of Coors’s unified water supply

system: 5.2.1. Coors’ activities related to the Jefferson Storage System, including: (1) storage of water in

the Jefferson Storage System, including 3,735 acre-feet stored in B-4 Lake and applied to decreed beneficial

uses for storage and other decreed purposes; (2) new engineering studies of the remaining Jefferson Storage

System conditional storage rights and alternative water storage locations, costing in excess of $150,000;

and (3) an application filed on December 28, 2018 (Case No. 18CW3225) for changes of conditional storage

locations to reflect a realignment of structures for future construction, and an alternate point of diversion

for conditional water storage rights for multiple reservoirs in the Jefferson Storage System; 5.2.2.

Expenditures in excess of $70,000 for contractual obligations under the Cosmic Agreement and related

agreements; 5.2.3. Operation of deliveries and exchanges of water pursuant to Case No. 96CW1117 to the

extent water has been available for such deliveries and exchanges, at an expense of more than $265,000;

5.2.4. Engineering costs in excess of $200,000 relating to Coors’s water rights and water supply system;

5.2.5. Expenditures in excess of $540,000 for ditch companies supporting Coors’s unified water system;

5.2.6. Expenditures of approximately $750,000 for pump installation and replacement, operation,

maintenance, and repairs to Coors’s underground springs; 5.2.7. Expenditures in excess of $800,000 on

other capital projects in support of Coors’s unified water system; and 5.2.8. Expenditures in excess of

$46,000 to participate in the South Platte Water Related Activities Program (SPWRAP). Such participation

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will facilitate future federal permitting that may be necessary in connection with improvements or

enlargement of storage structures in Coors’s unified water system and will facilitate future storage and

releases pursuant to the subject conditional exchange. 5.3. During the diligence period, Coors has also

participated in a number of water cases adjudicating matters required for the production of water used in

Coors’s unified water system, including but not limited to the following cases: 5.3.1. Case No. 13CW3094

(diligence on Augmentation Plan III Exchanges); 5.3.2. Case No. 15CW3179 and appeal (application to

amend Coors’s Augmentation Plans); 5.3.3. Case No. 17CW3177 (change of Miles and Eskins Ditch for

Coors’s Augmentation Plan IV, along with appropriative right of exchange); 5.3.4. Case No. 18CW3225

(Jefferson Storage System storage realignment); 5.3.5. Case No. 19CW3037 (diligence and making

conditional right absolute on Jefferson Storage System); 5.3.6. Case No. 19CW3055 (diligence on Coors’s

Cosmic Exchange rights); 5.3.7. Case No. 20CW3060 (diligence on Coors’s Underground Springs); 5.3.8.

Coors has also filed statements of opposition to a number of water court applications to prevent injury to

Coors’s water rights, including those which are the subject of this Application. Coors’s legal fees and

expenses in pursuing these applications and filing these statements of opposition to continue and protect

the unified system water rights exceeded $1,300,000 during the diligence period. WHEREFORE, Coors

Brewing Company respectfully requests that this Court enter a decree (1) finding that Coors has exercised

reasonable diligence in the development of its conditional right of exchange decreed in Case No. 89CW234;

and (2) continuing the remaining conditional water right in full force and effect for another six-year

diligence period. Coors also seeks such other and further relief as this Court deems just and proper.

20CW3067 The Water Supply and Storage Company, c/o Donald E. Frick, General Manager, PO Box

2017, Fort Collins, CO 80522-2071. Please address all future correspondence and pleadings to Brent A.

Bartlett, Fischer, Brown, Bartlett & Gunn, P.C., 1319 East Prospect Road, Fort Collins, CO 80522, (970)

407-9000, brentbartlett@fbgpc.com. APPLICATION FOR FINDING OF REASONABLE

DILIGENCE in LARIMER COUNTY. 1. Name of the structure: Cobb Lake Reservoir. 2. Description

of conditional water rights and previous decree: With this Application, The Water Supply and Storage

Company (“WSSC” or “Applicant”) seeks a finding of reasonable diligence of Cobb Lake Reservoir’s

conditional storage right. The original Decree authorized a right to divert water from the Cache La Poudre

River and to store such water in Cobb Lake Reservoir for later beneficial use. Two ditches are separately

or concurrently utilized to divert water from the Cache la Poudre River to store water in Cobb Lake

Reservoir under the conditional storage right: The Poudre Valley Canal and the Larimer County Canal. 1.1

Original Decree: May 7, 2014, Case No. 92CW158, District Court, Water Division 1. 2.2 Legal description:

Cobb Lake Reservoir is located in all or a portion of Sections, 14, 23, 24, 25, and 26, Township 8 North,

Range 68 West of the 6th P.M., Larimer County, Colorado. 2.3 Points of Diversion: The headgate of the

Poudre Valley Canal: On the north bank of the Cache la Poudre River in the NW1/4, SW1/4, SW1/4,

Section 10, Township 8 North, Range 70 West of the 6th P.M., Larimer County, Colorado. The headgate of

the Larimer County Canal: On the north bank of the Cache la Poudre River in the SW1/4, SE1/4, SW1/4,

Section 13, Township 8 North, Range 70 West of the 6th P.M., Larimer County, Colorado. 2.4 The source

of water: Cache la Poudre River and streams tributary thereto. 2.5 The date of appropriation: December

19, 1992. 2.6 The amount of water: 22,300 acre feet, CONDITIONAL. 2.7 The use of the water: Use by

WSSC and its shareholders for municipal, irrigation, domestic, commercial, industrial, mechanical,

manufacturing, recreation, fire protection, watering of parks, lawns and golf courses, sewage treatment,

street sprinkling, dust control, stockwatering, agricultural, power generation, augmentation and

replacement, piscatorial, maintenance, preservation and enhancement of wildlife and aesthetic values, and

replacement of lake and reservoir evaporation. Such beneficial uses may be accomplished by WSSC and

shareholders of WSSC through direct use, storage, exchange, augmentation and replacement. WSSC and

its shareholders shall have the right to fully consume such water by direct use, and/or by exchange, for

reuse, successive use, further exchange disposition. 3. 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: 3.1 During this due diligence period, WSSC

consistently maintained and improved its canal and division structures to permit diversion of water that is

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legally and physically available. The Cobb Lake Reservoir storage right is part of a planned integrated

system to be operated together with other water supply facilities owned by WSSC supplying area

agricultural and municipal water users. In order to effectively divert and deliver water attributable to the

storage right for use by its shareholders, WSSC has invested significant resources into developing internal

accounting and water allocation practices. WSSC has spent over $425,000.00 on engineering and legal

fees related to those activities, including participation in water court proceedings in order to protect its water

rights. WSSC has demonstrated continued intent and progress toward diverting the conditional water rights.

WSSC reserves the right to assert and demonstrate that during the diligence period other or additional

activities have been undertaken or accomplished toward completion of the appropriation. 4. Claim to Make

Absolute: 4.1 Amount: None. 4.2 Continuation of Conditional Rights: 22,300 acre feet CONDITIONAL,

with the right to fill and refill when water is legally available. 4.3 Rate of Diversion. The rate of diversion

into the reservoir is 400 c.f.s. from the Poudre Valley Canal and 750 c.f.s. from the Larimer County Canal.

5. Names 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: 5.1 Cobb Lake

Reservoir and Poudre Valley Canal: WRCC, Inc. f/n/a Windsor Reservoir and Canal Company, P.O. Box

260, Eaton, Colorado 80613; 5.2 Larimer County Canal: The Water Supply and Storage Company, PO Box

2017, Fort Collins, CO 80522-2071. WHEREFORE, Applicant respectfully requests a ruling and decree

for the following: A. That the Court has considered Applicant’s work on the Cobb Lake Reservoir and has

concluded that Applicant has proceeded with the requisite reasonable diligence in the development of its

water rights for Cobb Lake Reservoir; and B. That the Court award Applicant an additional six-year

diligence period to make the 22,300 acre feet of conditional storage water rights absolute.

20CW3068 Hunt Water LLC, 14460 WCR 40, Platteville, Colorado 80651, Telephone: (970) 737-

2437; (P. Andrew Jones, Wesley S. Knoll, Sheena M. Moran, Lawrence Jones Custer Grasmick LLP, 5245

Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534, Telephone: (970) 622-8181, E-mail:

paj@ljcglaw.com; wes@ljcglaw.com; sheena@ljcglaw.com); APPLICATION FOR CONDITIONAL

APPROPRIATIVE RIGHT OF EXCHANGE IN WELD COUNTY. 2. General Description of Exchange:

Applicant has an application pending in 17CW3215 for, inter alia, adjudication of water rights for Hunt

Water Reservoir Nos. 1 and 2 and the Hunt Water Recharge Right. Applicant seeks to exchange water

released from Hunt Reservoirs 1 and 2 to the South Platte River and unused recharge accretions from the

Hunt Water Recharge No. 1 Recharge Site accruing to the South Platte River downstream of the Platte

Valley Irrigation Company (“PVIC”) river headgate upstream to the PVIC river headgate for re-diversion

and delivery for uses adjudicated in 17CW3215. 3. Sources of Substitute Supply: Releases from Hunt Water

Reservoirs Nos. 1 and 2 and accretions from the Hunt Water Recharge No. 1 Recharge Site. 4. Exchange

from Locations: 4.1. Outfalls of the Hunt Water Pipeline to be installed from Hunt Water Reservoirs Nos.

1 and 2 to the South Platte River, to be located: 4.1.1. North Outfall: In the NE1/4 of NW1/4 of Section 11,

Township 3N, Range 67W of the 6th Prime Meridian, at a distance 901 ft from the North Section line and

1,997 ft from the West Section line. 4.1.2. South Outfall: In the SW1/4 of SE1/4 of Section 11, Township

3N, Range 67W of the 6th Prime Meridian, at a distance 190 ft from the South Section line and 2,634 ft

from the East Section line. 4.2. The point at which recharge accretions from the Hunt Water Recharge No.

1 Recharge Site accrue to the South Platte River, in the SE1/4 of the NW1/4, Section 2, Township 4 North,

Range 67 West of the 6th P.M. 5. Exchange to Location: The river headgate of the Platte Valley Irrigation

Company, located in the Northeast Quarter of the Southeast Quarter, Section 19, Township 2 North, Range

66 West of the 6th P.M. 6. Exchange Reaches and Amounts: .1. Exchange Reach 1: From the North Outfall

of the Hunt Water Pipeline upstream to the PVIC Headgate, 50 c.f.s., conditional. 6.2. Exchange Reach 2:

From the South Outfall of the Hunt Water Pipeline upstream to the PVIC Headgate, 50 c.f.s., conditional.

6.3. Exchange Reach 3: From the point at which accretions from the Hunt Water Recharge No. 1 Recharge

Site accrue to the South Platte River upstream to the PVIC Headgate, 8 c.f.s., conditional. 7. Use of

Exchanged Waters: The exchanged waters will maintain the character of the sources of substitute supply

and be used for irrigation, augmentation, replacement and industrial uses by direct delivery, by storage and

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subsequent release, and/or by recharge. 8. Name and Address of Owner of Land: 8.1. PVIC South Platte

River Headgate: Platte Valley Irrigation Company, P. O. Box 336483, Greeley, CO 80633. This

Application consists of four (4) pages.

20CW3069 Hunt Water LLC, HFF Ranches, LLC, Hunt Family Farms, LLC, Hunt Feedyard,

Inc., David and Kayleen Hunt, 14460 WCR 40, Platteville, Colorado 80651, Telephone: (970) 737-

2437; (P. Andrew Jones, Wesley S. Knoll, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan

Blvd., Suite 1, Johnstown, CO 80534, Telephone: (970) 622-8181, E-mail: paj@ljcglaw.com;

wes@ljcglaw.com); APPLICATION FOR CONDITIONAL UNDERGROUND WATER RIGHTS IN

WELD COUNTY 2. Applicants seek a decree approving new conditional water rights for irrigation uses

from delivery of the wells described in this Application. 3. Name of Wells and Permit and Registration

Numbers: 3.1. V. Lorenz 5-13056 Supplemental Right 3.1.1. Permit Number: The well has an existing well

permit for irrigation use. Applicant will acquire a new permit prior to use of the well for irrigation on

additional lands as claimed herein. 3.1.2. WDID: 0207046. 3.1.3. Location: SE1/4 SE1/4 of S28, T4N,

R66W of 6th PM, Weld County, Colorado at a point 100 feet North and 100 feet West of the SE corner of

S28. 3.1.4. Amount Claimed: 250 gpm (0.56 cfs), conditional. 3.1.5. Depth of Well: 41 feet. 3.1.6. Property

to be irrigated by well: This Application seeks a right to irrigate: 3.1.6.1. 90 acres located in the Southeast

1/4 of Section 28, Township 4 North, Range 66 West of the 6th P.M. (Virgil Lorenz Farm). 3.1.6.2. 60 acres

in Northwest 1/4 of Section 33, Township 4 North, Range 66 West of the 6th P.M. (Hunt Feedyard Farm).

3.1.6.3. 140 acres in the West 1/2 of Section 33, Township 4 North, Range 66 West of the 6th P.M. (Tanner

Farm).3.1.6.4. 150 acres in the East 1/2 of the Northwest 1/4 and the West 1/2 of the Northeast 1/4, Section

34, Township 4 North, Range 66 West of the 6th P.M. (Hunt East farm). 3.1.6.5. 80 acres in the East 1/2 of

the Northeast 1/4 of Section 34, Township 4 North, Range 66 West of the 6th P.M (HFF Farm). 3.1.6.6. 160

acres in the Northeast 1/4 of Section 33 Township 4 North, Range 66 West of the 6th P.M. (Schmidt Farm).

3.2. V. Lorenz 6-13058 Supplemental Right. 3.2.1. Permit Number: The well has an existing well permit

for irrigation use. Applicant will acquire a new permit prior to use of the well for irrigation on additional

lands as claimed herein. 3.2.2. WDID: 0207047. 3.2.3. Location: SE1/4 SE1/4 of S28, T4N, R66W of 6th

PM, Weld County, Colorado at a point 150 feet North and 75 feet West of the SE corner of S28. 3.2.4.

Amount Claimed: 400 g.p.m. (0.89 c.f.s.), conditional. 3.2.5. Depth of Well: 49 feet. 3.2.6. Property to be

irrigated by well: Property to be irrigated by well: This Application seeks a right to irrigate: 3.2.6.1. 90

acres located in the Southeast 1/4 of Section 28, Township 4 North, Range 66 West of the 6th P.M. (Virgil

Lorenz Farm) 3.2.6.2. 60 acres in Northwest 1/4 of Section 33, Township 4 North, Range 66 West of the

6th P.M. (Hunt Feedyard Farm) 3.2.6.3. 140 acres in the West 1/2 of Section 33, Township 4 North, Range

66 West of the 6th P.M. (Tanner Farm) 3.2.6.4. 150 acres in the East 1/2 of the Northwest 1/4 and the West

1/2 of the Northeast 1/4, Section 34, Township 4 North, Range 66 West of the 6th P.M. (Hunt East farm)

3.2.6.5. 80 acres in the East 1/2 of the Northeast 1/4 of Section 34, Township 4 North, Range 66 West of

the 6th P.M (HFF Farm) 3.2.6.6. 160 acres in the Northeast 1/4 of Section 33 Township 4 North, Range 66

West of the 6th P.M. (Schmidt Farm). 3.3. V. Lorenz 7-13057 Supplemental Right. 3.3.1. Permit Number:

The well has an existing well permit for irrigation use. Applicant will acquire a new permit prior to use of

the well for irrigation on additional lands as claimed herein. 3.3.2. WDID: 0207048. 3.3.3. Location: SE1/4

SE1/4 of S28, T4N, R66W of the 6th PM, Weld County, Colorado at a point 100 feet North and 50 feet

West of the SE corner of S28. 3.3.4. Amount Claimed: 400 g.p.m. (.89 c.f.s.), conditional. 3.3.5. Depth of

Well: 50 feet. 3.3.6. Property to be irrigated by well: Property to be irrigated by well: This Application

seeks a right to irrigate: 3.3.6.1. 90 acres located in the Southeast 1/4 of Section 28, Township 4 North,

Range 66 West of the 6th P.M. (Virgil Lorenz Farm). 3.3.6.2. 60 acres in Northwest 1/4 of Section 33,

Township 4 North, Range 66 West of the 6th P.M. (Hunt Feedyard Farm). 3.3.6.3. 140 acres in the West 1/2

of Section 33, Township 4 North, Range 66 West of the 6th P.M. (Tanner Farm). 3.3.6.4. 150 acres in the

East 1/2 of the Northwest 1/4 and the West 1/2 of the Northeast 1/4, Section 34, Township 4 North, Range

66 West of the 6th P.M. (Hunt East farm). 3.3.6.5. 80 acres in the East 1/2 of the Northeast 1/4 of Section

34, Township 4 North, Range 66 West of the 6th P.M (HFF Farm). 3.3.6.6. 160 acres in the Northeast 1/4

of Section 33 Township 4 North, Range 66 West of the 6th P.M. (Schmidt Farm). 3.4. V. Lorenz 8-4838F

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Supplemental Right. 3.4.1. Permit Number: The well has an existing well permit for irrigation use (4838-

F). Applicant will acquire a new permit prior to use of the well for irrigation on additional lands as claimed

herein. 3.4.2. WDID: 0207049. 3.4.3. Location: NE1/4 of the SE1/4 of Section 28, Township 4 North,

Range 66 West of the 6th P.M. 3.4.4. Amount Claimed: 2000 g.p.m. (4.46 c.f.s.), conditional. 3.4.5. Depth

of Well: 98 feet 3.4.6. Property to be irrigated by well: Property to be irrigated by well: This Application

seeks a right to irrigate: 3.4.6.1. 90 acres located in the Southeast 1/4 of Section 28, Township 4 North,

Range 66 West of the 6th P.M. (Virgil Lorenz Farm) 3.4.6.2. 60 acres in Northwest 1/4 of Section 33,

Township 4 North, Range 66 West of the 6th P.M. (Hunt Feedyard Farm) 3.4.6.3. 140 acres in the West 1/2

of Section 33, Township 4 North, Range 66 West of the 6th P.M. (Tanner Farm) 3.4.6.4. 150 acres in the

East 1/2 of the Northwest 1/4 and the West 1/2 of the Northeast 1/4, Section 34, Township 4 North, Range

66 West of the 6th P.M. (Hunt East farm) 3.4.6.5. 80 acres in the East 1/2 of the Northeast 1/4 of Section

34, Township 4 North, Range 66 West of the 6th P.M (HFF Farm). 3.4.6.6. 160 acres in the Northeast 1/4

of Section 33 Township 4 North, Range 66 West of the 6th P.M. (Schmidt Farm). 3.5. West Kerns 1-12053

Supplemental Right. 3.5.1. Permit Number: The well has an existing well permit for irrigation use.

Applicant will acquire a new permit prior to use of the well for irrigation on additional lands as claimed

herein. 3.5.2. WDID: 0206794 3.5.3. Location: SW1/4 NE1/4 of S5, T3N, R66W of 6th PM, Weld County,

Colorado at a point 2029 feet West from East section line and 2630 feet South from north of section line,

said S5. 3.5.4. Depth of Well: 47. 3.5.5. Amount Claimed: 900 g.p.m. (2 c.f.s.), conditional. 3.5.6. Property

to be Irrigated by Well: This Application seeks a right to irrigate : 3.5.6.1. 160 acres in the Northeast 1/4 of

Section 5, Township 3 North, Range 66 East of the 6th P.M. (West Kerns Farm). 3.5.6.2. 145 acres in the

Southwest 1/4 of Section 4, Township 3 North, Range 66 East of the 6th P.M. (South Kerns Farm). 3.6.

West Kerns 3-12055 Supplemental Well Right. 3.6.1. Permit Number: The well has an existing well permit

for irrigation use. Applicant will acquire a new permit prior to use of the well for irrigation on additional

lands as claimed herein.3.6.2. WDID: 0206796. 3.6.3. Location: SW1/4 NE1/4 of S5, T3N, R66W of 6th

PM, Weld County, Colorado at a point 1906 feet South from North section line and 2635 feet West from

East section line, said S5.3.6.4. Depth of Well: 57 feet. 3.6.5. Amount Claimed: 1000 g.p.m. (2.23 c.f.s.),

conditional. 3.6.6. Property to be Irrigated by Well: Property to be Irrigated by Well: This Application seeks

a right to irrigate : 3.6.6.1. 160 acres in the Northeast 1/4 of Section 5, Township 3 North, Range 66 East

of the 6th P.M. (West Kerns Farm) 3.6.6.2. 145 acres in the Southwest 1/4 of Section 4, Township 3 North,

Range 66 East of the 6th P.M. (South Kerns Farm) 3.7. Martin Well 4121-F Supplemental Right 3.7.1.

Permit Number: The well has an existing well permit for irrigation use. Applicant will acquire a new permit

prior to use of the well for irrigation on additional lands as claimed herein. 3.7.2. WDID: 0207104 3.7.3.

Location: At a point 1906 feet South of the North line and 1366 feet East of the West line of Section 34,

Township 4 North, Range 66 West of the 6th PM. 3.7.4. Depth of Well: 70 feet 3.7.5. Amount Claimed:

1000 g.p.m. (2.23 c.f.s.), conditional 3.7.6. Property to be Irrigated by Well: This Application seeks a right

to irrigate: 3.7.6.1. 150 acres in the East 1/2 of the Northwest 1/4 and the West 1/2 of the Northeast 1/4,

Section 34, Township 4 North, Range 66 West of the 6th P.M. (Hunt East farm) 3.7.6.2. 80 acres in the

East 1/2 of the Northeast 1/4 of Section 34, Township 4 North, Range 66 West of the 6th P.M (HFF Farm)

4. Previous/Related Decrees: 4.1. Case No. W-1826, Division One Water Court, entered by the Division

One Water Judge on June 1, 1978. 4.1.1. Source: Groundwater, tributary to the South Platte 4.1.2. Date of

Appropriation: Lorenz Well No. 5-13056: August 31, 1925 Lorenz Well No. 6-13058: August 31,

1955 Lorenz Well No. 7-13057: July 30, 1940 Lorenz Well No. 8-4838F: May 12, 1964 4.1.3. Amount

of Water: Lorenz Well No. 5-13056: 0.56 cfs Lorenz Well No. 6-13058: 0.89 cfs Lorenz Well No. 7-13057:

0.89 cfs Lorenz Well No. 8-4838F: 3.33 cfs 4.1.4. Use: Irrigation of 93 acres in parts of the East 1/2

Southeast 1/4 parts of the West 1/2 Southeast 1/4 and parts of the Southeast 1/4 of Northeast 1/4 of Section

28, Township 4 North, Rang 66 West of the 6th P.M. 4.2. Case No. W-1955, Division One Water Court,

entered by the Division One Water Judge on December 19, 1972 4.2.1. Source: Groundwater, tributary to

the South Platte 4.2.2. Date of Appropriation: Kern Well No. 1-12053: May 30, 1934 Kern Well No. 3-

12055: July 31, 1955 4.2.3. Amount of Water: Kern Well No. 1-12053: 0.66 cfs Kern Well No. 3-12055:

0.82 cfs 4.2.4. Use: Irrigation of 160 acres in the S1/2 NE1/4 and N1/2 NE1/4 Section 5, Township 3 North,

Range 66 west of the 6th P.M., Weld County, Colorado 4.3. Case No. W-644, Division One Water Court,

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entered by the Division One Water Judge on April 17, 1972 4.3.1. Source: Groundwater, tributary to the

South Platte 4.3.2. Date of Appropriation: Well No. 4121-F: June 30, 1963 4.3.3. Amount of Water: Well

No. 4121-F: 1.5 c.f.s. (675 g.p.m.) Use: Irrigation of land in the Section 34, Township 4 North, Range 66

west of the 6th P.M., Weld County, Colorado. 5. Source of Water for Conditional Well Rights: Groundwater

tributary to the South Platte River 6. Date of Appropriation: Date of filing of this Application. 6.1. How

appropriation was initiated: Formation of intent to appropriate and the filing of this Application. 6.2. Date

water applied to beneficial use: N/A. 7. Augmentation Plan: 7.1. Applicants are members of the

Augmentation Plan operated by the Ground Water Management Subdistrict of the Central Colorado Water

Conservancy District (GMS), Case No. 02CW335 and the Well Augmentation Subdistrict of the Central

Colorado Water Conservancy District ("WAS"), Case No. 03CW99. The existing rights for the wells

described above are currently covered by GMS or WAS contracts. Applicants will use the supplemental

rights decreed herein by seeking an amendment to the GMS an WAS contracts to include the additional

irrigated lands, via new contracts with GMS and WAS, or pursuant to the Augmentation Plan decreed in

Case No. 08CW71 for the PVIC Augmentation Group LLC. All out-of-priority depletions from the Wells

shall be replaced pursuant to one of these augmentation plans. A corresponding water court application to

add the supplemental rights to the PVIC Augmentation Group Case No. 08CW71 is anticipated and will be

filed prior to the use of the Wells for irrigation on the additional lands. Similarly, if Applicants seek to use

the supplemental rights via the GMS or WAS augmentation plans, application(s) will be filed to add the

rights to those plans. 8. Proposed Uses: Irrigation on the lands described above. 9. Applicants own the land

upon which any new or existing diversion or storage structure is or will be constructed: This application

consists of nine (9) pages.

20CW3070 Hunt Water LLC, 14460 WCR 40, Platteville, Colorado 80651, Telephone: (970) 737-

2437; (P. Andrew Jones, Wesley S. Knoll, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan

Blvd., Suite 1, Johnstown, CO 80534, Telephone: (970) 622-8181, E-mail: paj@ljcglaw.com;

wes@ljcglaw.com); APPLICATION FOR CONDITIONAL UNDERGROUND WATER RIGHTS IN

WELD COUNTY; 2. Applicant seeks a decree approving new conditional water rights for industrial uses

from the wells described in this Application. 3. Name of Wells and Permit and Registration Numbers: 3.1.

Coming 2-1502 Industrial Right. 3.1.1. Permit Number: The well has an existing permit for irrigation use.

Applicant will acquire a new permit prior to use of the well for the industrial uses claimed herein. 3.1.2.

WDID: 0205758. 3.1.3. Location: SW1/4 of the SE1/4 of Section 6, Township 3 North, Range 66 West of

the 6th P.M. 3.1.4. Amount Claimed: 600 g.p.m. (1.33 c.f.s.), 500 acre feet per year in combination with

Coming 3-1503 Industrial Right and Coming 4-1504 Industrial right, conditional. 3.1.5. Depth of Well:

41 feet. 3.2. Coming 3-1503 Industrial Right. 3.2.1. Permit Number: The well has an existing permit for

irrigation use. Applicant will acquire a new permit prior to use of the well for the industrial uses claimed

herein. 3.2.2. WDID: 0205759. 3.2.3. Location: SW1/4 of the SE1/4 of Section 6, Township 3 North, Range

66 West of the 6th P.M. 3.2.4. Amount Claimed: 600 g.p.m. (1.3`3 c.f.s.), 500 acre feet per year in

combination with Coming 2-1502 Industrial Right and Coming 4-1504 Industrial right, conditional. Depth

of Well: 49 feet. 3.2.5. Coming 4-1504 Industrial Right. 3.3.1. Permit Number: The well has an existing

permit for irrigation use. Applicant will acquire a new permit prior to use of the well for the industrial uses

claimed herein. 3.3.2. WDID: 0205760. 3.3.3. Location: SW1/4 of the SE1/4 of Section 6, Township 3

North, Range 66 West of the 6th P.M. 3.3.4. Amount Claimed: 800 g.p.m. (1.78 c.f.s.), 500 acre feet per

year in combination with Coming 2-1502 Industrial Right and Coming 3-1503 Industrial right, conditional.

3.3.5. Depth of Well: 50 feet. 4. Previous Decrees for Same Structure: 4.1. Case No. W-2526, Division One

Water Court, entered by the Division One Water Judge on August 12, 1975. 4.1.1. Source: Groundwater.

4.1.2. Date of Appropriation: Coming Well No. 2-1502: March 3, 1944. Coming Well No. 3-1503: June

26, 1954. Coming Well No. 4-1504: December 4, 1954. 4.1.3. Amount of Water: Coming Well No. 2-1502:

1.33 cubic feet per second. Coming Well No. 3-1503: 1.33 cubic feet per second. Coming Well No. 4-1504:

1.78 cubic feet per second. 4.1.4. Use: Irrigation of 160 acres located in Section 6, Township 3 North, Range

66 West of the 6th P.M. 5. Source of Water: Groundwater tributary to the South Platte River. 6. Depth of

Well (Completed): 6.1. Coming Well No. 2-1502: 53 feet. 6.2. Coming Well No. 3-1503: 49 feet. 6.3.

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Coming Well No. 4-1504: 50 feet. 7. Date of Appropriation: Date of filing of this Application. 7.1. How

appropriation was initiated: Formation of intent to appropriate and the filing of this Application. 7.2. Date

water applied to beneficial use: N/A. 8. Augmentation Plan: Applicant is a member of the Augmentation

Plan operated by the Well Augmentation Subdistrict of the Central Colorado Water Conservancy District

("WAS"), Case No. 03CW99. The Board of Directors of the Well Augmentation Subdistrict of the Central

Colorado Water Conservancy District approved Class D Contract No. 1251 on May 19, 2020 providing

augmentation for diversions of Coming 2-1502 Industrial Right, Coming 3-1503 Industrial Right, and

Coming 4-1504 Industrial Right. Applicant may also use the rights pursuant to the Augmentation Plan

decreed in Case No. 08CW71 for the PVIC Augmentation Group LLC. All out-of-priority depletions from

the diversion of the rights shall be replaced pursuant to one of these augmentation plans. Corresponding

water court applications to add the new water right to the Wells in WAS Case No. 03CW99 and PVIC

Augmentation Group Case No. 08CW71 are anticipated and will be filed prior to the use of the wells for

industrial uses. 9. Proposed Uses: Industrial Use including sand and gravel mining and processing and

related and ancillary uses, dust suppression, and oil and gas exploration and development. 10. Names and

addresses of owner(s) or reputed owners of the land upon which any new or existing diversion or storage

structure is or will be constructed: Applicant is the owner of all lands that are the subject of this Application.

This Application consists of five (5) pages.

20CW3071 (2013CW3139, 07CW82, 98CW245, 88CW14, 84CW52, W-8550-77) Indian Hills Water

District (“the District”) c/o Kristin Waters, General Manager, PO Box 710, Indian Hills, CO 80454.

Please send all correspondence and pleadings to: Matthew Machado, Carey S. Smith V, Lyons Gaddis Kahn

Hall Jeffers Dworak & Grant, PC, PO Box 978, Longmont, CO 80502-0978;

mmachado@lyonsgaddis.com; csmith@lyonsgaddis.com;. APPLICATION FOR FINDING OF

REASONABLE DILIGENCE IN JEFFERSON COUNTY 2. Name of structure: Indian Hills Water

District Reservoir No. I (“IHWD Reservoir No. 1”). 3. Describe conditional water right: 3.1 Date of

original decree, case no. and court: The Original decree was entered on February 4, 1980 in Case No W-

8550-77, entered by the District Court in and for Water Division No 1. 3.2. Subsequent diligence decree:

Subsequent findings of diligence were awarded in the following cases: Decree entered on April 17, 2014

in Case No 13CW3139; Decree entered on November 23, 2007 in Case No. 07CW82; decree entered on

April 20, 2001 in Case No 98CW245; decree entered on March 4, 1992 in Case No 88CW14; and decree

entered on June 20, 1986 in Case No 84CW52. 3.3. Legal description: IHWD Reservoir No. 1 is located

within the N1/2 of the NE1/4 of Section 7, Township 5 South, Range 70 West of the 6th Principal Meridian,

in Jefferson County, Colorado. The dam axis across the channel of the Parmalee Gulch stream is located

within portions of Lots 96, 97, 135 and 136, Block 8, INDIAN HILLS FIFTH FILING, according to the

recorded plat thereof on file with the Clerk and Recorder, Jefferson County, Colorado. The juncture of Lots

96, 97, 135 and 136 is located 787 feet South of the North Line of Section 7 and 1,255 feet West of the East

line of Section 7. The decreed and actual location of the IHWD Reservoir No. 1 is depicted on the attached

EXHIBIT A. 3.4. Sources: 3.4.1. Streamflow, springs, runoff and other water sources located within the

watershed of Parmalee Gulch above the dam axis, and 3.4.2. Applicant's Turkey Creek and Parmalee Gulch

wells described as follows: 3.4.2.1. Turkey Creek Wells: As described in the Findings and Decree of the

Water Court in Case No. W-8551-77 dated February 4, 1980 in the District Court in and for Water Division

No. 1, State of Colorado, the contents of which are incorporated herein by reference. 3.4.2.2. Parmalee

Gulch Wells: As described in the Ruling of the Referee entered April 17, 1978 in Case No. W-4755 and

made the judgment and Decree of the Water Court on May 9, 1978 in the District Court in and for Water

Division No. 1, State of Colorado, the contents of which are incorporated herein by reference. 3.5.

Appropriation Date: November 5, 1976 3.6. Amount: 3.8 acre feet, CONDITIONAL. 4. Decreed Uses:

Water stored in the IHWD Reservoir No. 1 will be released to replace water consumed from water diverted

from Applicant's Turkey Creek and Parmalee Gulch wells; irrigation; fire protection; recreational purposes

including fishery and wildlife; stock watering; and maintenance of adequate system storage reserves. The

irrigation may take place anywhere within the District boundaries as they are currently located and depicted

on the attached Figure 2 or within the boundaries as they may be amended from time to time. 5. Detailed

25

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: IHWD

Reservoir No. 1 is a component of the District’s integrated water supply system as confirmed in previous

diligence cases. During the subject diligence period, the District conducted the following work related to

IHWD Reservoir No. 1 and its integrated system. 5.1. The District’s Board approved the filing of this

Application and manifested its intent to complete the appropriations for the wells by Resolution No. 2020-

005 executed on May 21, 2020. 5.2. IHWD Reservoir No. 1 is partially constructed. During the diligence

period, the District did not have sufficient funding to complete the project. The District continues to own

and maintain the reservoir site for IHWD Reservoir No. 1, including spraying for weeds. 5.3. The District

has been working on a Master Plan for its water system at a cost of $45,053.25. 5.4. The District developed

a Source Water Protection Plan in 2017, including the Parmalee Gulch Basin that provides the source of

water for the IHWD Reservoir No. 1 and the District’s wells. 5.5. The District worked with Jefferson

County on water quality issues in the Parmalee Gulch drainage. 5.6. The District took various actions with

respect to the District’s wells that may supply water for the reservoir and will be augmented with water

stored in the reservoir, including: 5.6.1. Upgraded Memcor membrane used to treat water from the District

wells between May and December 2016 at a cost of $39,643.66. 5.6.2. Drilling of a replacement well for

IHWD Well No. 11 along with engineering and testing of the well in 2016 at a cost of $84,729.48. 5.6.3.

Various measures to bring replacement well online between February -June 2017 at a cost of $5,368.58.

5.6.4. Installed Memcor flow-paced chlorination in April 2017 at a cost of $2,800.00. 5.6.5. Further

upgrades to Memcor membrane between March and November 2019 at a cost of $12,480.00. 5.7. The

District took various actions with respect to the District’s water tanks that store finished water from the

District’s wells, including: 5.7.1. The District installed a new Zone 3 Water Storage Tank between February

and December of 2014 at a cost of $79,176.50. 5.7.2. The District equipped Zone 1 Water Storage Tank

with solar power between October and November of 2016 at a cost of $12,809.46. 5.7.3 The District

conducted repair, maintenance, and inspection of Water Storage Tanks in September 2018 at a cost of

$49,900.00. 5.7.4 The District relocated a water storage tank between March and April 2016 at a cost of

$15,797.24. 5.7.5. The District conducted Zone 1 Tank repair to fix leaks in July of 2019 at a cost of

$6,650.00. 5.7.6. The District installed Tank Mixers in tanks in Zones 1 and 3 in January 2020 at a cost of

$29,193.15.5.8 This list is not inclusive and may be supplemented by additional evidence presented during

the pendency of the case. 6. Names 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: The District owns the land on which the IHWD Reservoir No. 1 is located. 7.

Miscellaneous. Applicant reserves the right to base its absolute claim on any diversions and use occurring

after the filing of this Application and prior to the entry of a decree in this case. WHEREFORE, Applicant,

having demonstrated that it has steadily applied effort to complete the appropriation of the IHWD Reservoir

No. 1 in a reasonably expedient and efficient manner under all the facts and circumstances, respectfully

requests this Court to find reasonable diligence with respect to the development of the conditional water

right for the IHWD Reservoir No. 1 and continue the same for another six years, or such other period as

may be permitted by law, and make this water right absolute to the extent Applicant diverts the water right

in priority and applies the water to beneficial use during the pendency of this case. The application is 6

pages, excluding the exhibits.

20CW3072 MOUNTAIN MUTUAL RESERVOIR COMPANY AND NORTH FORK

ASSOCIATES, LLC, c/o Mountain Mutual Reservoir Company, 6949 Highway 73, Suite 15,

Evergreen, CO 80439; Telephone: 303-989-6932; Email: norm@hch2o.com and North Fork

Associates, LLC, 2686 S. Yukon Ct., Denver, CO 80227; Telephone: 303-988-7111; Email:

613blatch@gmail.com. Please direct all correspondence concerning this Application to: Aaron Ladd,

Esq., Vranesh and Raisch, LLP, 5303 Spine Road, Suite 202, Boulder, CO 80301; Telephone: 303-443-

6151; Email: asl@vrlaw.com. APPLICATION FOR AMENDMENT OF DECREE APPROVING

PLAN FOR AUGMENTATION AND EXCHANGE IN JEFFERSON COUNTY. 2. Description of

26

Decree for which Amendment is being Requested: a. Case No. 96CW103 b. Decree Date: July 14, 1997 c.

District Court for Water Division 1 d. The Decree entered in Case No. 96CW103 (“Existing Augmentation

Plan”) approved a plan for augmentation for four wells on four residential lots associated with Red Rocks

Estates, Filing No. 1, which wells withdraw tributary groundwater tributary to Mount Vernon Creek in the

NW1/4 of the SE1/4 of the NW1/4 of Section 26, T4S, R70W., a tributary of Bear Creek. The source of

augmentation and replacement water is shares of Mountain Mutual Reservoir Company (“MMRC”),

representing direct flow water rights decreed to the Harriman Ditch and the Warrior Ditch, and storage

water released from the Soda Lakes Reservoir Nos. 1 and 2, Spinney Mountain Reservoir, Woodside

Reservoir, and Lower Sacramento Creek Reservoir No. 1. Reference is made to the Decree entered in Case

No. 96CW103 for a more detailed description of the Existing Augmentation Plan. 3. Proposed Amendment

to the Existing Augmentation Plan. The Existing Augmentation Plan allowed development of four wells

to serve four lots in the Red Rocks Estates subdivision. The Existing Augmentation Plan relies on 29.8

shares of MMRC, representing the right to receive 0.934 acre-feet of augmentation water per year. Three

of those lots, Red Rocks Estates Lots 1 through 3, have been developed and are served by wells augmented

pursuant to the Existing Augmentation Plan. The fourth lot, Lot 4, was purchased by the City and County

of Denver without purchasing the associated shares of MMRC or associated interest in the Existing

Augmentation Plan. No well has been drilled on Lot 4 and Applicants understand that the City and County

of Denver does not intend to develop Lot 4. Because three of the four lots have been developed and one of

the four lots will not be developed, Applicants seek to reduce the replacement supplies associated with the

Existing Augmentation Plan by 25% to reflect the actual need and use of the Existing Augmentation Plan.

Applicants seek to remove from the Existing Augmentation Plan 7.45 shares of the 29.8 shares of MMRC

(25%), representing the right to receive 0.2335 acre-feet per year of replacement water. Co-Applicant North

Fork Associates has repurchased the 7.45 shares of MMRC from the successor to the developer of Red

Rocks Estates. The development covered by the augmentation plan after amendment will be Red Rocks

Estates Lots 1 through 3. Red Rocks Estates Lot 4 will no longer be covered by the augmentation plan.

Applicants MMRC and North Fork Associates, LLC request that an Amended Decree be entered by the

Court that reflects this reduction in water usage and replacement. It is also requesting that language in the

Existing Augmentation Plan that describes the MMRC water rights be revised to provide an up-to-date

description of the MMRC water rights associated with the 22.35 MMRC shares remaining in this amended

augmentation plan, where applicable, including to be consistent with language approved by this Court in

Case No. 2001CW293, and used in numerous augmentation plan decrees subsequent to 2003, and to remove

references to Woodside Reservoir. Applicants MMRC and North Fork Associates, LLC further request:

(1) that the number of MMRC shares committed to the Existing Augmentation Plan be reduced to 22.35

shares from the 29.8 shares included in the Existing Augmentation Plan; (2) that the Court confirm that the

remaining 7.45 MMRC shares, representing 0.234 acre-feet of augmentation and replacement water, are no

longer encumbered by the Existing Augmentation Plan, and are not tied to the Red Rocks Estates property;

and (3) that the 7.45 MMRC shares, and the water rights associated therewith, can be used in other

augmentation plans and/or for other purposes pursuant to separate application to, and decree of, the Water

Court. The version of the Amended Decree the Court will be asked to approve is attached as Attachment

1 to this Application. Reference is made to the Amended Decree for a more detailed description of the

changes being requested by this Application. 4. Notice of this application is being provided to the following

owners of Lots within Red Rocks Estates: a. Lot 1: Thomas A. Davis Trust Number Two; Lisa K. Davis

Trust Number Two; 17940 W Alameda Parkway, Golden, CO 80401. b. Lot 2: Walter Schreibman and

Sally C. Berger, 17820 W Alameda Parkway, Golden, CO 80401. c. Lot 3: Elnore Ann Grow and Ronald

James Grow, 17394 Jurassic Rd., Morrison, CO 80465. d. Lot 4: City and County of Denver, 1437 Bannock

St., Denver CO 80202. WHEREFORE, Applicants request that the existing plan for augmentation be

amended as set forth herein. (6 pgs., 4 Exhibits)

20CW3073 PVIC Augmentation Group LLC, 14460 WCR 40, Platteville, Colorado 80651,

Telephone: (970) 737-2437; (P. Andrew Jones, Sheena M. Moran, Lawrence Jones Custer Grasmick LLP,

5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534, Telephone: (970) 622-8181, E-mail:

27

paj@ljcglaw.com; sheena@ljcglaw.com); APPLICATION TO ADD WELLS TO AUGMENTATION

PLAN IN WELD COUNTY. 2. Augmentation Plan. Applicant seeks to add the following underground

water rights to the augmentation plan decreed in Case No. 08CW71, Water Division No. 1 (“PVIC

Decree”). Paragraph 28.1.1 of the PVIC Decree allows the addition of wells to the plan subject to certain

terms and conditions. 3. Wells. 3.1.1 Name of Well Right to be Added: EMESON WELL 4-13859. 3.1.1.

Decree: W3217. 3.1.2. WDID: 206052. 3.1.3. Location: NE1/4 NE1/4 of Section 33, Township 4N, Range

66W of the 6th PM, Weld County, Colorado at a point 268 feet South and 700 feet West of the NE corner

of said S33. 3.1.4. GMS Contract No.: 1207. 3.2. Name of Well Right to be Added: EMESON WELL 5-

13860. 3.2.1. Decree: W3217. 3.2.2. WDID: 206053. 3.2.3 Location: NW1/4 of NE1/4 of Section 33

Township 4N Range 66W of 6th PM in Weld County, Colorado at a point 430 feet South and 1330 feet

West of NE corner of said S33. 3.2.4. GMS Contract No.: 1207. 3.3. Name of Well Right to be Added:

LORENZ TRUST 3-R12936. 3.3.1. Decree: W6689. 3.3.2. WDID: 20723. 3.3.3. Location: SE1/4 of NE1/4

of S27, T4N, R66W of 6th PM, Weld County, Colorado at a point 2415 feet South and 225 feet West of

NE corner of said S27. 3.3.4. GMS Contract No.: 1170. 3.4. Name of Well Right to be Added: LORENZ

TRUST 3-R12938. 3.4.1. Decree: W6689. 3.4.2. WDID: 207025. 3.4.3. Location: NW1/4 of NE1/4 of

Section 27, Township 4N, Range 66W of 6th PM, Weld County, Colorado at a point 1246 feet South and

1840 feet West of the NE corner of said S27. 3.4.4. GMS Contract No.: 1170 3.5. Name of Well Right to

be Added: LORENZ TRUST 4-R12939. 3.5.1. Decree: W6689. 3.5.2. WDID: 207026. 3.5.3. Location:

NE1/4 of NW1/4 of Section 27, Township 4N, Range 66W of 6th PM, Weld County, Colorado at a point

1110 feet South and 1637 feet east of NW corner of said S27.3.5.4. GMS Contract No.: 1170. 3.6. Name

of Well Right to be Added: LORENZ WELL 5-13056. 3.6.1. Decree: W1826. 3.6.2. WDID: 207046. 3.6.3.

Location: SE1/4 SE1/4 of S28, T4N, R66W of 6th PM, Weld County, Colorado at a point 100 feet North

and 100 feet West of the SE corner of S28.3.6.4. GMS Contract No.: 1117. 3.7. Name of Well Right to be

Added: LORENZ WELL 6-13058. 3..7.1. Decree: W1826. 3.7.2. WDID: 207047. 3.7.3. Location: SE1/4

SE1/4 of Section 28, Township 4N, Range 66W of 6th PM, Weld County, Colorado at a point 150 feet

North and 75 feet West of the SE corner of S28. 3.7.4. GMS Contract No.: 1117. 3.8. Name of Well Right

to be Added: LORENZ WELL 7-13057. 3.8.1. Decree: W1826. 3.8.2. WDID: 207048. 3.8.3. Location:

SE1/4 SE1/4 of Section 28, Township 4N, Range 66W of the 6th PM, Weld County, Colorado at a point

100 feet North and 50 feet West of the SE corner of S28. 3.8.4. GMS Contract No.: 1117. 3.9. Name of

Well Right to be Added: LORENZ WELL 8-4838F. 3.9.1. Decree: W1826. 3.9.2. WDID: 207049. 3.9.3.

Location: SE1/4 of NE1/4 of S28, T4N, R66W of the 6th PM, Weld County, Colorado at a point 100 feet

North and 700 feet West of the E 1/4 corner of S28.3.9.4. GMS Contract No.: 1117. 3.10. Name of Well

Right be Added: Coming 2-1502 Industrial Right. 3.10.1. Decree: A corresponding application for a

conditional underground water right for the industrial use of this well was filed simultaneously with this

Application. 3.10.2. WDID: 205758. 3.10.3. Location: SW1/4 of the SE1/4 of Section 6, Township 3 North,

Range 66 West of the 6th P.M. 3.10.4. WAS Contract No. 1251. 3.11. Name of Well Right to be Added:

Coming 3-1503 Industrial Right. 3.11.1. Decree: A corresponding application for a conditional

underground water right for the industrial use of this well was filed simultaneously with this Application.

3.11.2 WDID: 205759. 3.11.3. Location: SW1/4 of the SE1/4 of Section 6, Township 3 North, Range 66

West of the 6th P.M. 3.11.4. WAS Contract No: 1251. 3.12. Name of Well Right to be Added: Coming 4-

1504 Industrial Right. 3.12.1. Decree: A corresponding application for a conditional underground water

right for the industrial use of this well was filed simultaneously with this Application.3.12.2. WDID:

205760. 3.12.3. Location: SW1/4 of the SE1/4 of Section 6, Township 3 North, Range 66 West of the 6th

P.M.3.12.4. WAS Contract No.: 1251. 3.13. Name of Well Right to be Added: V. Lorenz 5-13056

Supplemental Right. 3.13.1. Decree: A corresponding application appropriate conditional rights for

irrigation of additional lands has been filed contemporaneously with this application. 3.13.2. WDID:

207046. 3.13.3. Location: SE1/4 SE1/4 of S28, T4N, R66W of 6th PM, Weld County, Colorado at a point

100 feet North and 100 feet West of the SE corner of S28. 3.13.4. GMS Contract No.: 1117. 3.14. Name

Well Right to be Added: V. Lorenz 6-13058 Supplemental Right. 3.14.1. Decree: A corresponding

application appropriate conditional rights for irrigation of additional lands has been filed

contemporaneously with this application. 3.14.2. WDID: 207047. 3.14.3. Location: SE1/4 SE1/4 of S28,

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T4N, R66W of 6th PM, Weld County, Colorado at a point 150 feet North and 75 feet West of the SE corner

of S28. 3.14.4. GMS Contract No.: 1117. 3.15. Name of Well Right to be Added: V. Lorenz 7-13057

Supplemental Right. 3.15.1. Decree: A corresponding application appropriate conditional rights for

irrigation of additional lands has been filed contemporaneously with this application. 3.15.2. WDID:

207048. 3.15.3. Location: SE1/4 SE1/4 of S28, T4N, R66W of the 6th PM, Weld County, Colorado at a

point 100 feet North and 50 feet West of the SE corner of S28. 3.15.4. GMS Contract No: 1117. 3.16. Name

of Well Right to be Added: V. Lorenz 8-4838F Supplemental Right 3.16.1. Decree: A corresponding

application appropriate conditional rights for irrigation of additional lands has been filed

contemporaneously with this application. 3.16.2. WDID: 207049. 3.16.3. Location: NE1/4 of the SE1/4 of

Section 28, Township 4 North, Range 66 West of the 6th P.M. 3.16.4. GMS Contract No.: 1117. 3.17.

Name of Well Right to be Added: West Kerns 1-12053 Supplemental Right. 3.17.1. Decree: A

corresponding application appropriate conditional rights for irrigation of additional lands has been filed

contemporaneously with this application. 3.17.2. WDID: 206794. 3.17.3. Location: SW1/4 NE1/4 of S5,

T3N, R66W of 6th PM, Weld County, Colorado at a point 2029 feet West from East section line and 2630

feet South from north of section line, said S5. 3.17.4. GMS Contract No.: 252. 3.18. Name of Well Right

to be Added: West Kerns 3-12055 Supplemental Right. 3.18.1. Decree: A corresponding application

appropriate conditional rights for irrigation of additional lands has been filed contemporaneously with this

application. 3.18.2. WDID: 206796. 3.18.3. Location: SW1/4 NE1/4 of S5, T3N, R66W of 6th PM, Weld

County, Colorado at a point 1906 feet South from North section line and 2635 feet West from East section

line, said S5. 3.18.4. GMS Contract No: 252. 3.19. Name of Well Right to be Added: Martin Well 4121-F

Supplemental Right 3.19.1. Decree: A corresponding application appropriate conditional rights for

irrigation of additional lands has been filed contemporaneously with this application. 3.19.2. WDID:

207104. 3.19.3. Location: At a point 1906 feet South of the North line and 1366 feet East of the West line

of Section 34, Township 4 North, Range 66 West of the 6th PM. 3.19.4. WAS Contract No: 1036. 3.20.

Name of Well Right to be added: 06CW225 Post Pumping Depletions. 3.20.1. Decrees: 06CW225

(augmentation plan), W-5324 (Strear Wells 4 and 5- original decree), 04CW260 (Strear Wells change in

use). 3.20.2. WDID: 208222, 208223. 3.20.3. Location: 3.20.3.1. Strear Well 4: SE1/4 of NW1/4 of S33,

T4N, R66W of 6th PM, Weld County, Colorado at a point 1584 feet South and 2605 feet East of NW corner

of said Section 33. 3.20.3.2. Strear Well 5: SE1/4 of NW1/4 of S33, T4N, R66W of 6th PM, Weld County,

Colorado at a point 1326 feet South and 2605 feet East of NW corner of said Section 33. 3.20.4. WAS

Contract: 892 3.20.5. Description: Applicant wishes to add post pumping depletions from the wells

covered by the augmentation plan decreed in 06CW225 to the 08CW71 plan and cease operation of the

06CW225 plan. The wells in the 06CW225 plan are already covered by WAS and the 08CW71

augmentation plans, but some depletions have continued to be accounted for under 06CW225. All future

pumping will occur under WAS or 08CW71. The 06CW225 augmentation plan is redundant and can be

terminated upon the entry of the decree requested herein. The remaining depletions from the Strear Wells

4 and 5 currently covered by the 06CW225 plan are set forth on attached Exhibit A. 4. Requirements of

08CW71. The added wells are located within the service are of the Evans Ditch No. 2 and the wells either:

1) had an existing GMS or WAS contract at the time the PVIC Augmentation Plan Decree was entered:

4.1. Emeson Well 4-13859. 4.2. Emeson Well 5-13860. 4.3. Lorenz Trust 3-R12938. 4.4. Lorenz Trust 4-

R12939. 4.5. Lorenz trust 5-13056. 4.6. 06CW225 Depletions. or 2) are new well rights with no previous

pumping associated with them: 4.7. Coming 2-1502 Industrial Right. 4.8. Coming 3-1503 Industrial Right.

4.9. Coming 4-1504 Industrial Right. 4.10. V. Lorenz 5-13056 Supplemental Right. 4.11. V. Lorenz 6-

13058 Supplemental Right. 4.12. V. Lorenz 7-13057 Supplemental Right. 4.13. V. Lorenz 8-4838F

Supplemental Right. 4.14. West Kerns 1-12053 Supplemental Right. 4.15. West Kerns 3-12055

Supplemental Right. as required for addition pursuant to ¶28.1.1 of the Augmentation Plan. 5. Description

of the Plan. The new wells will be operated and used, and the out of priority depletions replaced, in

accordance with the terms and conditions of the PVIC Decree. The existing well locations will not change.

The lagging parameters for the wells set forth in Exhibit B attached hereto will be used for the purposes of

routing depletions and administering the wells in the 08CW71 plan. No decreed priorities for the proposed

uses are sought by this application. Nor are any changes of water rights decreed for the wells sought by

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this application. 6. Names and Addresses of Owners of the Structures: David W. and Kayleen J. Hunt,

Hunt Water LLC, HFF Ranches LLC, Hunt Family Farms LLC, Hunt Feedyard Inc., 14460 WCR 40,

Platteville, Colorado 80651, Telephone: (970) 737-2437. This application consists of eleven (11) pages.

WATER 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 JULY

2020 (forms available on www.courts.state.co.us or in the Clerk’s office) and must be filed as an Original

and include $192.00 filing fee. A copy of each Statement of Opposition must also be served upon the

Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed

with the Water Clerk.