DISTRICT COURT, WATER DIVISION 1, COLORADO SEPTEMBER 2018 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 SEPTEMBER 2018 for each County affected.

18CW20 MARK AND JOCELYN MICONO, PO BOX 759, Elizabeth, CO 80107. 303-885-8969. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS UNDERLYING APPLICANT’S PROPERTY IN ELBERT COUNTY. Applicant seeks to adjudicate the well, permit 148540, and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a 5 acre tract of land lying in the SW1/4 NE1/4, S28, T7S, R64W of the 6th PM, including the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers. 18CW21 MICHAEL AND DONNA SCHRADER, 1502 Aspen Drive, Evergreen, CO 80439. 303-674-1628. APPLICATION FOR ABSOLUTE UNDERGROUND WATER RIGHT IN CLEAR CREEK COUNTY. Schrader’s Well, permit 249649, located NW1/4, SW1/4, S11, T4S, R72W of the 6th PM at a distance 2050 ft from S and 70 ft from W. UTM coordinates Easting 463705; Northing 4395832 Zone 13. Subdivision: Hyland Hills; Lot 219; Filing 3. Source: Groundwater Tributary to the S. Platte River. Date of appropriation: 10-13-06. Date water applied to beneficial use: 7-5-07. Depth: 505 ft. Household use only. 18CW22 MICHAEL AND LINDA KLEINEIDER, 22741 Golden Gate Canyon Rd., Golden, CO 80403. 303-526-1445. APPLICATION FOR ABSOLUTE UNDERGROUND WATER RIGHT IN JEFFERSON COUNTY. Domestic Well, permit 169386, located NW1/4, SW1/4, S20, T3S, R70W of the 6th PM at a distance 2240 from S and 200 ft from W. Subdivision: Canyon Ridge; Lot 8. Source: Groundwater tributary to S. Platte River. Depth: 388 ft. Date of appropriation: 10-26-93. Date water applied to beneficial use: 10-26-93. Amount: 7 gpm Absolute. Use: Garden and lawn, pond and household. 18CW23 J. DWAYNE AND DAPHNE GOODWIN, 574 Sprague Ave., Berthoud, CO 80513. 970-532-3099. APPLICATION TO MAKE ABSOLUTE IN WHOLE OR IN PART IN LARIMER COUNTY. Date of original decree: 11-5-12 in case 08CW156, WD1. Goodwin Well 76925-F may be located within the SW1/4 SW1/4, S15, T4N, R70W, 6th PM. The Goodwin well may be located anywhere within the following tract of land in the Martens Subdivision; Lot 2 also known as 574 Sprague Ave. Pump Installation Report location SW1/4 SW1/4 S15 T4N R70W of the 6th PM at a point 427 ft from S and 588 ft from West. Source: Lyons and Fountain Formations. Appropriation date: 12-10-12. Amount: 5 gpm, Absolute. Depth: 650 ft. Use: Ordinary household purposes inside one single family swelling and the watering of up to 2 horses. 18CW24 DAVID AND KATHY HANDLEY, 4672 Deer Trail, Elizabeth, CO 80107. 720-810-1974. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS UNDERLYING APPLICANT’S PROPERTY IN ELBERT COUNTY. Applicant seeks to adjudicate the well, permit 140679, and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a 4.3 acre tract of land lying in the SW1/4 NE1/4, S17, T8S, R64W of the 6th PM, including the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers. 18CW25 MICHELLE K. AND MICHAEL DILISA, JR., 34448 Pine Ridge Circle, Elizabeth, CO 80107. 303-908-8600. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS UNDERLYING APPLICANT’S PROPERTY IN ELBERT COUNTY. Applicant seeks to adjudicate the well, permit 119108, and to adjudicate the non tributary and

not nontributary Denver Basin groundwater underlying a 2.03 acre tract of land lying in the NE1/4 SE1/4, S8, T8S, R64W of the 6th PM, including the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers. 18CW3149 Lower Latham Reservoir Company, 8209 W. 20th Street, Suite A, Greeley, CO 80634. APPLICATION TO ADD AND REMOVE DIRECT REPLACEMENT LOCATIONS IN LARIMER AND WELD COUNTIES. Please send all further pleadings to: Daniel K. Brown, Esq. and Donald E. Frick, Esq., Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Road, Fort Collins, CO 80525.2. Purpose of Application: Applicant operates a plan for augmentation (“Latham Plan”) decreed in Consolidated Case Nos. 2003CW47/2006CW291, Water Division No. 1, entered on November 25, 2012 (“Latham Decree”). Applicant seeks to amend the Latham Plan to remove an augmentation station and to add an augmentation station. 3. Removal and addition of augmentation stations. The end of the Lower Latham Extension Ditch has been rerouted as a result of the construction of the 70 Ranch Reservoir. As a result, Applicant can no longer deliver water to the WCR 69 Spillway described in ¶14.3.2.8 of the Latham Decree, but instead intends to make deliveries at the tail end of the Latham Extension Ditch via the Hardin Seep Ditch, at the location depicted in Exhibit A. Accordingly, Applicant is seeking to remove the WCR 69 Spillway as a direct delivery structure in the Latham Decree and to add the Hardin Return Structure as a direct delivery location to the South Platte River pursuant to ¶32.11.4 of the Latham Decree. The legal descriptions for the WCR 69 Spillway and the Hardin Return Structure are as follows: a. WCR 69 Spillway. The located decreed for the WCR 69 Spillway in the Latham Decree is the NW1/4 of Section 11, Township 4 North, Range 63 West of the 6th P.M., as more particularly described in ¶14.3.2.8 of the Latham Decree. This location appears to have been in error and the correct location is in the NE1/4 of Section 10, Township 4 North, Range 63 West of the 6th P.M. b. Hardin Return Structure. Pursuant to paragraph 32.11.4 of the Latham Decree, Applicant seeks to add the Hardin Return Structure as a direct replacement/augmentation station. Water delivered from the Lower Latham Extension Ditch will be measured prior to discharge to the Hardin Seep Ditch at a location in the W1/2 of the SW1/4 of Section 3 where it will then be conveyed approximately 2,000 feet and discharged to the Hardin Seep Ditch in the SE1/4 of the NW1/4 of said Section 3, and conveyed further, approximately 4,000 feet to the South Platte River in the NW1/4 of the NW1/4 of Section 2, all in Township 4 North, Range 63 West, 6th P.M., as shown on Exhibit A hereto. 4. Names and Addresses of Owners or Reputed Owners of the Land Upon which New or Modified Diversion or Storage Structures are Located: a. 70 Ranch LLC, 8301 East Prentice Avenue, Suite 100, Greenwood Village, CO 80111. b. Bijou Irrigation Company, P.O. Box 972, Fort Morgan, CO 80701. c. TH Ranch, LLC, P.O. Box 189, Kersey, Colorado 80701. 3 pages. 18CW3150 SAVAGE FAMILY TRUST, C/O ROBIN “RJ” SAVAGE, 1128 HUNTER STREET, RAMONA, CA 92065. Address all pleadings and correspondence to: Chris D. Cummins, Monson, Cummnins & Shohet, LLC, 13511 Northgate Estates Dr., Suite 250, Colorado Springs, CO 80921. Application for Adjudication of Denver Basin Groundwater and for Approval of Plan for Augmentation. EL PASO COUNTY. Applicant seeks to construct a non-exempt well to the not-nontributary Dawson aquifer to provide water service to a single family dwelling on the Applicant’s 5-acre parcel. Applicant therefore seeks to quantify the Denver Basin groundwater underlying the Applicant’s Property, and for approval of a plan for augmentation for the use thereof. Legal Description of Wells. Property Description. All wells will be located on Applicant’s Property, which contains approximately 5 acres, more or less (“Applicant’s Property”). As more particularly described as follows, and depicted in the attached Exhibit A map, Applicant’s Property is located in: The SE1/4 NW1/4 of Section 10, Township 11 South, Range 65 West of the 6th P.M., also known as Lot 5, Block 3 in the Table Rock Ranch Filing No.2, also known as 9125 Blue Sage Circle, Colorado Springs, El Paso County, Colorado. Proposed Wells. Applicant proposes that one well will be located on the Applicant’s Property at a specific location not yet determined (“Savage Well No. 1”), to be constructed to the Dawson aquifer. Not-Nontributary. The ground water to be withdrawn from the Dawson aquifer of the Denver Basin underlying the Applicant’s Property is not-nontributary. Pursuant to C.R.S. §37-90-137(9)(c.5), the augmentation requirements for wells in the Dawson aquifer will require the replacement of actual stream depletions.

Nontributary. The groundwater that will be withdrawn from the Denver, Arapahoe and Laramie-Fox Hills aquifers of the Denver Basin underlying the Applicant’s Property is nontributary. Estimated Rates of Withdrawal. Pumping from the wells will not exceed 100 g.p.m. The actual pumping rates for each well will vary according to aquifer conditions and well production capabilities. The Applicant requests the right to withdraw ground water at rates of flow necessary to withdraw the entire decreed amounts. The actual depth of each well to be constructed within the respective aquifers will be determined by topography and actual aquifer conditions. Estimated Average Annual Amounts of Ground Water Available. Applicant requests a vested right for the withdrawal of all legally available ground water in the Denver Basin aquifers underlying the Applicant’s Property. Said amounts may be withdrawn over the 300-year life of the aquifers as required by El Paso County, Colorado Land Development Code §8.4.7(C)(1), or the less stringent 100-year life requirement pursuant to C.R.S. §37-90-137(4). Applicant estimates that the following values and average annual amounts are representative of the Denver Basin aquifers underlying Applicant’s Property:

AQUIFER SATURATED THICKNESS

(ft)

DEPTH

(ft)

Annual Average Withdrawal – 100

Years (Acre Feet)

Dawson (NNT) 448.9 1130 4.5 Denver (NT) 369.5 2000 3.1 Arapahoe (NT) 275.1 2600 2.3

Laramie Fox Hills (NT) 185.7 3200 1.4 Decreed amounts may vary based upon the State’s Determination of Facts. Pursuant to C.R.S. §37-92-305(11), the Applicant further requests that the Court retain jurisdiction to finally determine the amount of water available for appropriation and withdrawal from each aquifer. Requested Uses. The Applicant requests the right to use the ground water for beneficial uses upon the Applicant’s Property consisting of domestic, commercial, irrigation, stock water, recreation, wildlife, wetlands, fire protection, and also for storage and augmentation purposes associated with such uses. The Applicant also requests that the nontributary water may be used, reused, and successively used to extinction, both on and off the Applicant’s Property subject, however, to the requirement of C.R.S.§37-90-137(9)(b), that no more than 98% of the amount withdrawn annually shall be consumed. Applicant may use such water by immediate application or by storage and subsequent application to the beneficial uses and purposes stated herein. Provided, however, Applicant shall only be entitled to construct a well or use water from the not-nontributary Dawson aquifer pursuant to a decreed augmentation plan entered by this Court, covering the out-of-priority stream depletions caused by the use of such not-nontributary aquifers in accordance with § 37-90-137(9)(c.5), C.R.S. Well Fields. Applicant requests that it be permitted to produce the full legal entitlement from the Denver Basin aquifers underlying Applicant’s Property through any combination of wells. Applicant requests that these wells be treated as a well field. Averaging of Withdrawals. Applicant requests that they be entitled to withdraw an amount of ground water in excess of the average annual amount decreed to the aquifers beneath the Applicant’s Property, so long as the sum of the total withdrawals from all the wells in the aquifers does not exceed the product of the number of years since the date of issuance of the original well permit or the date of entry of a decree herein, whichever comes first, multiplied by the average annual volume of water which the Applicant is entitled to withdraw from the aquifers underlying the Applicant’s Property. Owner of Land Upon Which Wells are to Be Located. The land upon which the wells are and will be located is owned by the Applicant. Structures to be Augmented. The structure to be augmented is Savage Well No. 1, along with any replacement or additional wells associated therewith, as likewise may be constructed to the Dawson aquifer underlying the Applicant’s Property as requested and described herein. Water Rights to be Used for Augmentation.

The water rights to be used for augmentation during pumping are the return flows resulting from the pumping of the not-nontributary Dawson aquifer from Savage Well No. 1, together with water rights from the nontributary Laramie-Fox Hills aquifer for any injurious post pumping depletions. Statement of Plan for Augmentation. Applicant wishes to provide for the augmentation of stream depletions caused by pumping of the not-nontributary Dawson aquifer by the well(s) proposed herein. Potential water use criteria and their consumptive use component for replacement of actual depletions are estimated as follows: Household Use Only: 0.30 acre feet annually within a single family dwelling, with a maximum of ten percent consumptive use based on a nonevaporative septic leach field disposal systems. The annual consumptive use will therefore be 0.03 acre feet per well, with return flows of 0.27 acre feet. For purposes of conservatism, however, as discussed below, Applicant conservatively assumes septic return flows of only 0.18 acre feet per year. Any other type of waste water disposal shall require an amendment to this plan of augmentation. Landscape Irrigation/native grasses: An application rate of 0.05 acre feet annually per 1,000 square feet (2.18 acre feet per acre) per year, with an 85% assumed consumptive use rate. The annual consumptive use for each 1,000 square feet of lawn and garden irrigated is therefore 0.042 acre feet. Livestock (horse, goats, or equivalent livestock): 0.011 acre feet annually (10 gallons per day) per head with a one hundred percent consumptive use component. The proposed well will pump a maximum of 3.0 acre feet of water from the Dawson aquifer per year. Such use shall be a combination of household use, irrigation of lawns and garden, irrigation of native grasses, and the watering of livestock. An example breakdown of this combination of use, utilizing the factors described above, is household use of 0.3 acre feet of water per year per residence with the additional 2.7 acre feet per year per residence available for irrigation of approximately 10,000 square feet of lawn and garden, irrigation of up to 1 acre of natural grasses, and the watering of up to eight horses/goats or equivalent livestock. Depletions. Applicant has determined that maximum stream depletions over the 100 year pumping period for the Dawson aquifer amounts to approximately 5.75% percent of pumping. Maximum annual depletions for total residential pumping from Savage Well No. 1 are therefore approximately 0.173 acre feet in year 100. Should Applicant’s pumping be less than the 3.0 acre feet described herein, resulting depletions and required replacements will be correspondingly reduced. Augmentation of Depletions During Pumping. Pursuant to C.R.S. §37-90-137(9)(c.5), Applicant is required to replace actual stream depletions attributable to pumping of the residential well. Applicant has determined that depletions during pumping will be effectively replaced by residential return flows from non-evaporative septic systems. The annual consumptive use for non-evaporative septic systems is 10% per year per residence. At a household use rate of 0.30 acre feet per residence per year, 0.27 acre feet are replaced to the stream system per year, utilizing non-evaporative septic systems. Even conservatively assuming only 0.18 acre feet of return flows, during pumping, stream depletions will be adequately augmented. Augmentation for Post Pumping Depletions. For the replacement of any injurious post-pumping depletions which may be associated with the use of the Savage Well No. 1, Applicant will reserve up to 137 acre feet of water from the nontributary Laramie Fox Hills aquifer, and an additional 163 acre feet portion of the nontributary Arapahoe aquifer, representing the entirety of the Laramie-Fox Hills aquifer less 2% not to be consumed by statute, less the amount of actual stream depletions replaced during the plan pumping period, or such greater amounts as necessary to replace any injurious post pumping depletions. Applicant also reserves the right to substitute other legally available augmentation sources for such post pumping depletions upon further approval of the Court under its retained jurisdiction. Even though this reservation is made, under the Court’s retained jurisdiction, Applicant reserves the right in the future to prove that post pumping depletions will be noninjurious. The reserved nontributary Laramie-Fox Hills and Arapahoe aquifer groundwater will be used to replace any injurious post-pumping depletions. Upon entry of a decree in this case, the Applicant will be entitled to apply for and receive a new well permit for Savage Well No. 1 for the uses in accordance with this Application and otherwise in compliance with C.R.S. §37-90-137. This is Application was filed in both Water Divisions 1 and 2 because depletions from the pumping of the Dawson aquifer may occur in both the South Platte and the Arkansas River systems. The return flows set forth herein will accrue to tributaries of the South Platte River system where the majority of such depletions will occur, and it is Applicant’s intent to consolidate the instant matter with the pending

Division 2 application in Water Division 1 upon completion of publication. Applicant requests that the total amount of depletions to both the South Platte River and the Arkansas River systems be replaced to the South Platte River as set forth herein, and for a finding that those replacements are sufficient. Applicant requests a finding that they have complied with C.R.S. §37-90-137(4), and that the ground water requested herein is legally available for withdrawal by the requested not-nontributary wells upon the entry of a decree approving an augmentation plan pursuant to C.R.S. §37-90-137(9)(c.5). The term of this augmentation plan is for 100 years, however the length of the plan for a particular well may be extended beyond such time provided the total plan pumping allocated thereto is not exceeded. Post pumping stream depletions accrue to a particular well or wells only to the extent related to that well’s actual pumping. The Court will retain jurisdiction over this matter to provide for the adjustment of the annual amount of ground water withdrawals to be allowed in order to conform to actual local aquifer characteristics from adequate information obtained from well drilling or test holes. The Applicant requests a finding that vested water rights of others will not be materially injured by the withdrawals of ground water and the proposed plan for augmentation. The wells shall be installed and metered as reasonably required by the State Engineer. Each well must be equipped with a totalizing flow meter and Applicant shall submit diversion records to the Division Engineer on an annual basis or as otherwise requested by the Division Engineer. The Applicant shall also provide accountings to the Division Engineer and Water Commissioner as required by them to demonstrate compliance under this plan of augmentation. The Applicant intends to waive the 600 feet well spacing requirement for any wells to be located upon the Applicant’s Property. Applicant has confirmed that there are no lienholders on the property, and therefore no notice is required per C.R.S. §37-92-302(2)(b) and §37-90-137(4)(b.5)(I). 18CW3151 DAVID C. AND VALERIE K. CHERRY, 15435 S. East Cherry Creek Road, Larkspur, CO 80118. Please forward all pleadings and correspondence to: Chris D. Cummins of Monson, Cummins & Shohet, LLC, 13511 Northgate Estates Drive, Ste. 250, Colorado Springs, CO 80921. Application for Adjudication of Denver Basin Groundwater and Plan for Augmentation. DOUGLAS COUNTY David and Valerie Cherry (collectively “Applicant”) seek to quantify the Denver Basin groundwater underlying their approximately 39.79-acre property in Douglas County, Colorado. Legal Description of Wells. Property Description. The Applicant’s approximately 39.79-acre property (“Applicant’s Property”) is located in Douglas County, Colorado, and more specifically described as follows and depicted on the Exhibit A map: The S1/2 NE1/4 and SE1/4 NW1/4 of Section 32, Township 10 South, Range 65 West, 6th P.M., Douglas County, Colorado. Existing Wells. There are two existing exempt wells on the Property. Well with Permit Number 262718 (“Cherry Well No. 1”) is located approximately 2,300 feet north of the south section line, and 2,600 feet east of the west section line of said Section 32 and constructed to the not-nontributary Dawson aquifer. Well with Permit Number 244945-A (“Cherry Well No. 2”) is located approximately 1,975 feet north of the south section line, and 2,500 feet west of the east section line of said Section 32, and is also constructed to the not-nontributary Dawson aquifer. Applicant intends for both wells to be re-permitted for non-exempt uses upon entry of a decree approving the plan for augmentation requested herein. Not-Nontributary. The ground water to be withdrawn from the Dawson aquifer underlying the Applicant’s Property is not-nontributary. Pursuant to C.R.S. §37-90-137(9)(c.5), the augmentation requirements for wells in the Dawson aquifer will require the replacement of actual stream depletions. Nontributary. The groundwater that will be withdrawn from the Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the Applicant’s Property is nontributary. Estimated Rates of Withdrawal. Pumping from the wells will not exceed 100 g.p.m. The actual pumping rates for each well will vary according to aquifer conditions and well production capabilities. The Applicant requests the right to withdraw ground water at rates of flow necessary to withdraw the entire decreed amounts. The actual depth of any well to be constructed within the respective aquifers will be determined by topography and actual aquifer conditions. Estimated Average Annual Amounts of Ground Water Available. Applicant requests a vested right for the withdrawal of all legally available ground water in the Denver Basin aquifers underlying the Applicant’s Property. Said amounts may be withdrawn over the 100-year aquifer life pursuant to C.R.S. §37-90-137(4). Applicant

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

Decreed amounts may vary based upon the State’s Determination of Facts. Pursuant to C.R.S. §37-92-305(11), the Applicant further requests that the Court retain jurisdiction to finally determine the amount of water available for appropriation and withdrawal from each aquifer. Requested Uses. The Applicant requests the right to use the ground water for beneficial uses upon the Applicant’s Property consisting of domestic, commercial, industrial, irrigation, stock water, recreation, wildlife, wetlands, fire protection, and also for storage and augmentation purposes associated with such uses. The Applicant also requests that the nontributary water may be used, reused, and successively used to extinction, both on and off the Applicant’s Property subject, however, to the requirement of C.R.S. §37-90-137(9)(b), that no more than 98% of the amount withdrawn annually shall be consumed. Applicant may use such water by immediate application or by storage and subsequent application to the beneficial uses and purposes stated herein. Provided, however, Applicant shall only be entitled to construct a well or use water from the not-nontributary Dawson aquifer pursuant to a decreed augmentation plan entered by this Court, covering the out-of-priority stream depletions caused by the use of such not-nontributary aquifer in accordance with C.R.S. §37-90-137(9)(c.5). Well Fields. Applicant requests that they be permitted to produce the full legal entitlement from the Denver Basin aquifers underlying Applicant’s Property through any combination of wells. Applicant requests that these wells be treated as a well field. Averaging of Withdrawals. Applicant requests that they be entitled to withdraw an amount of ground water in excess of the average annual amount decreed to the aquifers beneath the Applicant’s Property, so long as the sum of the total withdrawals from all the wells in the aquifers does not exceed the product of the number of years since the date of issuance of the original well permit or the date of entry of a decree herein, whichever comes first, multiplied by the average annual volume of water which the Applicant is entitled to withdraw from the aquifers underlying the Applicant’s Property. Owner of Land Upon Which Wells are to Be Located. The land upon which the wells are and will be located is owned by the Applicant. Application for Approval of Plan for Augmentation. Structures to be Augmented. The structures to be augmented are Cherry Wells Nos. 1 and 2 as are currently constructed to the not-nontributary Dawson aquifer underlying the Applicant’s Property, and as will be re-permitted pursuant to this plan for augmentation, as requested and described herein along with any replacement or additional wells associated therewith. Water Rights to be Used for Augmentation. The water rights to be used for augmentation during pumping are the return flows resulting from the pumping of the not-nontributary Dawson aquifer from Cherry Well Nos. 1 and 2, together with water rights from the nontributary Laramie-Fox Hills aquifer for any injurious post pumping depletions. Statement of Plan for Augmentation. Applicant wishes to provide for the augmentation of stream depletions caused by pumping of the not-nontributary Dawson aquifer by up to

Groundwater Quantification

Elevation: 7,300 ft

Acres:39.79 SW1/4 NE 1/4 Sec 32 T10S R66W 6th P.M.

Denver Basin Aquifer

Elevation (ft amsl)

Net Sand Depth (feet) Total

100 Year (AF) Bottom Top (ft) Bottom Top (AF)

Dawson (NNT) 5290 7205 455 1010 95 3620 36.2

Denver (NT) 5407 6247 375 1893 1053 2537 25.4

Arapahoe (NT) 4827 5347 285 2473 1953 1928 19.3

Laramie Fox Hills (NT) 4169

4396 200 3131

2904 1194 11.9

two wells proposed herein. Water use criteria and their consumptive use component for replacement of actual depletions for the lots are estimated as follows: Use. Cherry Well Nos. 1 and 2, in combination will pump a maximum total of 9.3 acre feet of water from the Dawson aquifer annually. Such use shall be a combination of household use, irrigation of lawn and garden, and the watering of horses or equivalent livestock. An example breakdown of this combination of use is household use at 0.3 acre feet per single-family home for up to three residences, plus outdoor use including the watering of up to 23 horses and 10 head of cattle or equivalent livestock with a water use of 0.36 acre feet per year (10 gallons/day/head or 0.011 annual acre feet per head); irrigation of 5,000 square feet lawn and garden per home or 0.75 acre feet per year (0.05 annual acre feet per 1000 sq ft); and irrigation of land for hay or other crops of up to 7.3 acre feet per year. Depletions. It is estimated that maximum stream depletions over the 100 year pumping period for the Dawson aquifer amounts to approximately 8.5% percent of pumping. Maximum annual depletions for total residential pumping from all wells are therefore 0.79 acre feet, in year 100. Should Applicant’s pumping be less than the 9.3 acre feet described herein, resulting depletions will be correspondingly reduced. Augmentation of Depletions During Pumping. Pursuant to C.R.S. §37-90-137(9)(c.5), Applicant is required to replace actual stream depletions attributable to pumping of augmented wells to the Dawson aquifer. Depletions during pumping will be effectively replaced by residential return flows from non-evaporative septic systems, and depletions from irrigation will be adequately replaced by irrigation return flows. The annual consumptive use for non-evaporative septic systems is 10% per year per residence. At a household use rate of 0.3 acre feet per residence per year, total of 0.9 acre feet, 0.81 acre feet is replaced to the stream system per year, assuming each house utilizes non-evaporative septic systems. Thus, during pumping, stream depletions will be adequately augmented. Further, as the bulk of pumping/diversions (up to 7.3 annual acre feet) are to result from pasture irrigation, and as the flood irrigation methods anticipated result in return flows of approximately 15%, the maximum 8.5% depletions in year 100 will likewise be adequately replaced through irrigation return flows, regardless of how much irrigation actually occurs (the depletive rate is nearly half of the return flow rate). Therefore, even if fewer than three residences are permanently occupied, augmentation of all non-irrigation depletions will occur even utilizing only return flows from a single septic system, while irrigation return flows will adequately augment all depletions resulting from such irrigation. Augmentation for Post Pumping Depletions. For the replacement of any injurious post-pumping depletions which may be associated with the use of the Cherry Well Nos. 1, and 2, Applicants will reserve up to 930 acre feet of water from the nontributary Laramie-Fox Hills aquifer, less the amount of actual stream depletions replaced during the plan pumping period. Applicants also reserve the right to substitute other legally available augmentation sources for such post pumping depletions upon further approval of the Court under its retained jurisdiction. Even though this reservation is made, under the Court’s retained jurisdiction, Applicants reserve the right in the future to prove that post pumping depletions will be noninjurious. The reserved nontributary Laramie-Fox Hills groundwater will be used to replace any injurious post-pumping depletions. Upon entry of a decree in this case, the Applicants will be entitled to apply for and receive a new well permit for Cherry Wells Nos. 1 and 2, for the uses in accordance with this Application and otherwise in compliance with C.R.S. §37-90-137. This Application was filed in both Water Divisions 1 and 2 because depletions from the pumping of the Dawson aquifer may occur in both the South Platte and the Arkansas River systems. The return flows set forth herein will accrue to tributaries of the South Platte River system where the majority of such depletions will occur, and it is Applicant’s intent to consolidate the instant matter with pending Division 1 application in Water Division 1 upon completion of publication. Applicant requests that the total amount of depletions to both the South Platte River and the Arkansas River systems be replaced to the South Platte River as set forth herein, and for a finding that those replacements are sufficient. Applicant requests a finding that they have complied with C.R.S. §37-90-137(4), and that the ground water requested herein is legally available for withdrawal by the requested not-nontributary wells upon the entry of a decree approving an augmentation plan pursuant to C.R.S. §37-90-137(9)(c.5). The term of this augmentation plan is for 100 years, however the length of the plan for a particular well may be extended beyond such time provided the total plan pumping allocated thereto is not exceeded. Post pumping stream depletions accrue to a

particular well or wells only to the extent related to that well’s actual pumping. The Court will retain jurisdiction over this matter to provide for the adjustment of the annual amount of ground water withdrawals to be allowed in order to conform to actual local aquifer characteristics from adequate information obtained from well drilling or test holes. The Applicant requests a finding that vested water rights of others will not be materially injured by the withdrawals of ground water and the proposed plan for augmentation. The wells shall be installed and metered as reasonably required by the State Engineer. Each well must be equipped with a totalizing flow meter and Applicant shall submit diversion records to the Division Engineer on an annual basis or as otherwise requested by the Division Engineer. The Applicant shall also provide accountings to the Division Engineer and Water Commissioner as required by them to demonstrate compliance under this plan of augmentation. The Applicant intends to waive the 600 feet well spacing requirement for any wells to be located upon the Applicant’s Property. Applicant will comply with any lienholder notice provisions set forth in C.R.S. §37-92-302(2)(b) and §37-90-137(4)(b.5)(I), and such notice will be sent within 14 days of the filing of this application. Application consists of seven pages. 18CW3152 (2007CW327) THE CITY OF BLACK HAWK, c/o Director of Public Works, 987 Miners Mesa Road, P.O. Box 68, Black Hawk, Colorado 80422, Telephone: (303) 582-1324, tisbester@cityofblackhawk.org. Attorneys’ names: David L. Kueter, #26136, Alyson Meyer Gould, #42672, Holsinger Law, LLC, 1800 Glenarm Place, Suite 500, Denver, Colorado 80202, Telephone: (303) 722-2828, dkueter@holsingerlaw.com, agould@holsingerlaw.com. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE A PORTION OF CONDITIONAL WATER RIGHTS ABSOLUTE IN GILPIN AND CLEAR CREEK COUNTIES. 2. NAMES OF WATER RIGHTS: Georgetown Lake / Black Hawk Storage Right, Black Hawk North Clear Creek Exchange Rights, Black Hawk Clear Creek Exchange Rights. 3. DESCRIPTION OF CONDITIONAL WATER STORAGE RIGHT. 3.a. Name of Reservoir: Georgetown Lake / Black Hawk Storage Right. 3.b. Legal Description of Reservoir: Georgetown Lake is an on-channel reservoir located in the SE1/4 and portions of the NE1/4 of Section 5, and the NE1/4 of Section 8, Township 4 South, Range 74 West of the 6th P.M. in Clear Creek County, Colorado. The point of diversion is located 800 feet from the East section line and 1,900 feet from the North section line of Section 5, Township 4 South, Range 74 West of the 6th P.M. A map showing the location of Georgetown Lake is attached hereto as Exhibit A. 3.c. Source of Water: Clear Creek, a tributary to the South Platte River. 3.d. Date of Appropriation: December 28, 2007. 3.e. Total capacity of Georgetown Lake: 386.25 acre-feet. 3.f. Total dead storage: 2.7 acre-feet. 3.g. Amount decreed: 100 acre feet, conditional. 3.h. Use: The water diverted under the storage right described herein will be used for all municipal purposes, including domestic, irrigation, industrial, commercial, fire protection, stockwatering, recreation, piscatorial, sewage treatment, street sprinkling, irrigation of parks, lawns and grounds, maintenance and preservation of wildlife and aesthetic values, lake and reservoir evaporation, augmentation, replacement, and adjustment and regulation of Black Hawk's water supply system by exchange within Black Hawk's system and with other water users. The Court has decreed that the City of Black Hawk has the right to use, reuse, successively use and dispose of, by exchange or otherwise to extinction all water lawfully diverted and/or impounded pursuant to the decree in Case No. 2007CW327. 3.i. Place of use. The place of use shall be any place served in the present or in the future by the City of Black Hawk’s treated water and raw water service systems. 4. DESCRIPTION OF CONDITIONAL APPROPRIATIVE RIGHTS OF SUBSTITUTION AND EXCHANGE. In Case No. 2007CW327, the City of Black Hawk was decreed the following conditional appropriative rights of substitution and exchange in Clear Creek, North Clear Creek and their tributaries. The location of the exchanges sought herein are shown on Exhibit A hereto. 4.a. Black Hawk North Clear Creek Exchange Rights. Under the Black Hawk North Clear Creek Exchange Rights, Black Hawk will divert by exchange up to 7 c.f.s from North Clear Creek and its tributaries at each of the points (“exchange-to points”) identified in paragraph 4.a.(1), below, for direct use and/or for storage for subsequent use, based upon the introduction of substitute supplies made available under the water rights described in paragraphs 4.a.(2), below (“substitute supplies”) at or above the confluence of the North Fork

of Clear Creek and the mainstem of Clear Creek as described in paragraph 4.a.(3), below. The City of Black Hawk will make the substitute supplies available at the point identified in paragraph 4.a.(3), below (the “exchange-from point”) by making deliveries, by forgoing diversions and/or storage, and/or by releases from storage. 4.a.(1) Names and locations of structures at the exchange-to points through which or into which water will be diverted and/or stored by exchange and the sources at the exchange-to points are as follows: 4.a.(1)(a) Upper North Clear Creek Pump Station No. 1: Located in the NW1/4 SW1/4 of Section 34, Township 2 South, Range 73 West of the 6th P.M., Gilpin County, Colorado, at a point located approximately 900 feet from the West section line and 2,100 feet from the South section line of said Section 34. The source of water is North Clear Creek. 4.a.(1)(b) Upper North Clear Creek Pump Station No. 2: Located in the NW1/4 NE1/4 of Section 2, Township 3 South, Range 73 West of the 6th P.M., Gilpin County, Colorado, at a point located approximately 1,400 feet from the East section line and 400 feet from the North section line of said Section 2. The source of water is North Clear Creek. 4.a.(1)(c) Black Hawk North Clear Creek Pump Station (Infiltration Gallery No. 1): Located in the NW1/4 SW1/4 SW1/4 of Section 6, Township 3 South, Range 72 West of the 6th P.M., Gilpin County, Colorado, at a point located approximately 500 feet from the West section line and 1,100 feet from the South section line of said Section 6. The source of water is North Clear Creek. 4.a.(1)(d) City of Black Hawk Effluent Diversion: Located in the NE1/4 of the SW1/4 of Section 26, Township 3 South, Range 72 West of the 6th P.M., Gilpin County, Colorado, at a point 1,600 feet east of the West section line and 2,100 feet north of the South section line of said Section 26. The source of water is effluent discharged at said location including, but not limited to, the water rights decreed in Case No. 93CW055 on August 22, 2003. 4.a.(1)(e) Black Hawk Chase Gulch Diversion: Located in the SW1/4 NW1/4 of Section 7, Township 3 South, Range 72 West of the 6th P.M., Gilpin County, Colorado, at a point located approximately 900 feet from the West section line and 2,200 feet from the North section line of said Section 7. The source of water is Chase Gulch, a tributary to North Clear Creek. 4.a.(1)(f) Upper North Clear Creek Pumping Station and Pipeline: Located in the NE1/4 of the SW1/4 of Section 34, Township 2 South, Range 73 West of the 6th P.M., Gilpin County, Colorado, at a point approximately 2,500 feet from the West section line and 1,900 feet from the South section line of Section 34. The source of water is North Clear Creek. 4.a.(1)(g) Pickle Gulch Reservoir: Located in the NW1/4 SE1/4 of Section 35, Township 2 South, Range 73 West of the 6th P.M., Gilpin County, Colorado, with the dam axis intersecting Pickle Gulch at a point approximately 1,500 feet from the East section line and approximately 1,700 feet from the South section line of said Section 35. The source of water is Pickle Gulch and water in the drainage tributary to Pickle Gulch, a tributary to North Clear Creek, and water diverted from North Clear Creek. 4.a.(1)(h) Missouri Creek Reservoir: Located in the W1/2 of Section 36, Township 2 South, Range 73 West of the 6th P.M., Gilpin County, Colorado, with the dam axis intersecting Missouri Creek at a point approximately 1,700 feet from the West section line and 2,400 feet from the North section line of said section 36. The source of water is Missouri Creek, and water in the drainage tributary to Missouri Creek, a tributary to North Clear Creek, and water diverted from North Clear Creek. 4.a.(1)(i) Black Hawk Chase Gulch Reservoir: Located in the S1/2 NW1/4 and the N1/2 SW1/4, Section 2, Township 3 South, Range 73 West of the 6th P.M., Gilpin County, Colorado, with the dam axis to intersect Chase Gulch at a point approximately 1,600 feet from the West section line and 2,400 feet from the North section line of said Section 2. The source of water is water in Chase Gulch and water in the drainage tributary to Chase Gulch, a tributary to North Clear Creek, a tributary to Clear Creek, and water diverted from North Clear Creek by the Upper North Clear Creek Pumping Station and Pipeline (paragraph 4.a.(1)(f), above). 4.a.(1)(j) Mountain Supply Pipeline: Located in Sections 19, 30, and 31, Township 2 South, Range 72 West of the 6th P.M. and in Section 6, Township 3 South, Range 72 West of the 6th P.M., in Gilpin County, Colorado. The source of water is springs described in the Decree in Case No. W-203, Water Division No. 1. 4.a.(1)(k) North Clear Creek Pumping Station (Black Hawk Pumping Station): Located on the southwest bank of North Clear Creek whence the N1/4 corner of Section 7, Township 3 South, Range 72 West bears north 54º40’ E 3,367.60 feet in Gilpin County, Colorado. The source of water is North Clear Creek as described in the Decree in Case No. W-204, Water Division No. 1. 4.a.(1)(l) Black Hawk Reservoir and Spring: Located in W1/2 SE1/4 NW1/4,

Section 7, Township 3 South, Range 72 West of the 6th P.M. in Gilpin County, Colorado. The source of water is Mountain Supply Pipeline and North Clear Creek Pumping Station as described in the Decree in Case No. W-205, Water Division No. 1. 4.a.(2) Sources of substitute supply: 4.a.(2)(a) Water legally stored by the City of Black Hawk in Georgetown Lake, described above in paragraph 3.b., including, but not limited to, the water rights described in paragraph 3, above, and paragraph 4.b., below. 4.a.(2)(b) Water leased from the City of Golden including, but not limited to, water delivered pursuant to the Assignment and Water Delivery Agreement, dated June 7, 2007, for Vidler Tunnel Water as described in said agreement, and water leased from the City of Golden pursuant to said agreement and stored and released from Guanella Reservoir located in N1/2 of SW1/4 and NW1/4 of SE1/4 of Section 29 and NE1/4 of SE1/4 of Section 30, Township 3 South, Range 74 West of the 6th P.M., Clear Creek County, Colorado. 4.a.(3) Exchange-from point at which the City of Black Hawk shall make substitute supplies available to allow diversion by exchange at the exchange-to points: 4.a.(3)(a) Confluence of Clear Creek and North Clear Creek located in the NE1/4 SW1/4 of Section 36, Township 3 South, Range 72 West of the 6th P.M., Clear Creek and Gilpin Counties, Colorado. 4.a.(4) Date of appropriation: December 28, 2007. 4.a.(5) Amount decreed: 7 c.f.s., conditional, at any single exchange-to point. The exchanges under this paragraph 4.a. are limited to 14 c.f.s. total diversions at all exchange-to points at any given time. 4.b. Black Hawk Clear Creek Exchange Rights. Under the Black Hawk Clear Creek Exchange Rights, Black Hawk will divert and/or store by exchange up to 28 c.f.s from Clear Creek and its tributaries at the exchange-to point identified in paragraph 4.b.(1), below, for direct use and/or for storage for subsequent use, based upon the introduction of substitute supplies made available under the water rights described in paragraph 4.b.(2), below. The City of Black Hawk will make the substitute supplies available at the exchange-from points identified in paragraph 4.b.(3), below, by making deliveries, by forgoing diversions and/or storage, and/or by releases from storage. 4.b.(1) Names and locations of structures at the exchange-to point through which or into which water will be diverted and/or stored by exchange and the sources at the exchange-to point are as follows: 4.b.(1)(a) Georgetown Lake: At the location described in paragraph 3.b., above. The source of water is Clear Creek. 4.b.(2) Sources of substitute supply: 4.b.(2)(a) Water legally available for diversion by exchange by the City of Black Hawk at the Hidden Valley Surface Water Diversion Point located in the SW1/4 of the SE1/4 of the NE1/4 of Section 32, Township 3 South, Range 72 West of the 6th P.M., at a location 1,000 feet west of the East boundary of Section 32 and 2,140 feet south of the North boundary of Section 32, Clear Creek County, Colorado, limited to water attributable to Black Hawk’s proportionate interest in the Church Ditch (a/k/a The Golden City and Ralston Creek Ditch), exchanged to the Hidden Valley Surface Water Diversion Point pursuant to the decree entered in Case No. 92CW059, and exchanged to Georgetown Lake pursuant to the right of exchange described in this paragraph 4.b. 4.b.(2)(b) Water legally available for diversion by exchange by the City of Black Hawk at the Hidden Valley Groundwater Diversion Point located in the SW1/4 of the SE1/4 of the NE1/4 of Section 32, Township 3 South, Range 72 West of the 6th P.M., at a location 800 feet west of the East boundary of Section 32 and 2,030 feet south of the North boundary of Section 32, Clear Creek County, Colorado, limited to water attributable to Black Hawk’s proportionate interest in the Church Ditch (a/k/a The Golden City and Ralston Creek Ditch) exchanged to the Hidden Valley Ground Water Diversion Point pursuant to the decree entered in Case No. 92CW059, and exchanged to Georgetown Lake pursuant to the right of exchange described in this paragraph 4.b. 4.b.(2)(c) Water stored and released from Guanella Reservoir pursuant to the lease described in paragraph 4.a.(2)(b), above. 4.b.(2)(d) Fully consumable water and water available under the water right decreed to the City of Black Hawk Effluent Diversion in Case No. 93CW055 delivered to North Clear Creek at the Black Hawk-Central City Sanitation District Wastewater Treatment Plant at the location described in paragraph 4.a.(1)(d), above, after first being exchanged to the Hidden Valley Surface Water Diversion Point in paragraph 4.b.(2)(a), above, and/or the Hidden Valley Groundwater Diversion Point in paragraph 4.b.(2)(b), above, pursuant to the decree in Case No. 92CW059. 4.b.(3) Points at which the City of Black Hawk shall make substitute supplies available to allow diversion by exchange at exchange-to points ("exchange-from points"): 4.b.(3)(a) Hidden Valley Surface Water Diversion Point: At the location described in paragraph 4.b.(2)(a), above. 4.b.(3)(b) Hidden Valley Groundwater Diversion Point: At the

location described in paragraph 4.b.(2)(b), above. 4.b.(3)(c) Confluence of Clear Creek and the West Fork of Clear Creek located in the NW1/4 of the SE1/4 of Section 27, Township 3 South, Range 74 West of the 6th P.M., at a location approximately 2,150 feet west from the east section line and approximately 2,020 feet north from the south section line of said Section 20, Clear Creek County, Colorado. 4.b.(4) Date of appropriation: December 28, 2007. 4.b.(5) Amount decreed: 28 c.f.s. conditional, subject to a volumetric limit of 310 acre feet exchanged to the exchange-to location in any water year (November 1 through October 31). 4.c. Decreed Use: The water diverted under the exchanges described in this paragraph 4 will be used for all municipal purposes, including domestic, irrigation, industrial, commercial, fire protection, stockwatering, recreation, piscatorial, sewage treatment, street sprinkling, irrigation of parks, lawns and grounds, maintenance and preservation of wildlife and aesthetic values, lake and reservoir evaporation, augmentation, replacement, and adjustment and regulation of Black Hawk's water supply system by exchange within Black Hawk's system and with other water users, and including, without limitation, storage for subsequent use for the aforesaid purposes. The Court has decreed that the City of Black Hawk has the right to use, reuse, successively use and dispose of, by exchange or otherwise to extinction all water lawfully diverted and/or impounded pursuant to any decree entered in this case. Further, Black Hawk shall at all times be entitled to fully consume the same amount of water diverted by exchange as the amount of decreed fully-consumable water being simultaneously delivered to or made available at the exchange-from points under the subject water rights; Black Hawk shall be entitled to divert by exchange, based upon the delivery at the exchange-from points of water for which Black Hawk has the right to only a single use, provided that Black Hawk shall only be entitled to a single use of water diverted at the exchange-to points based upon delivery of single use water at the exchange-from points; and to the extent that Black Hawk has the decreed right to fully consume water diverted under the exchanges, Black Hawk shall be entitled to fully consume such water by direct use, storage and subsequent release, reuse, successive use, further exchange and disposition. Use of the water diverted by exchange at the exchange-to points shall be subject to all restrictions on the substitute supplies delivered at the exchange-from points under the subject exchanges. 4.d. Place of Use: The place of use for the conditional appropriate rights of substitution and exchange decreed herein shall be any place served in the present or in the future by the City of Black Hawk’s treated water and raw water service systems. 5. PROVIDE A DETAILED OUTLINE OF WHAT HAS BEEN DONE TOWARD COMPLETION OR FOR COMPLETION OF THE APPROPRIATION AND APPLICATION OF WATER TO A BENEFICIAL USE AS CONDITIONALLY DECREED, INCLUDING EXPENDITURES: Pursuant to paragraph 19 of the decree in Case No. 2007CW327, Black Hawk’s potable water system and raw water system and each of the water rights and structures decreed in Case No. 2007CW327 that now and in the future will provide water for the Applicant were determined to be integrated systems of water rights and structures, and pursuant to C.R.S. § 37-92-301(4)(b) work on one or more of the separate components constitutes diligence for all. 5.a. From 2012 to the filing of this application, the City of Black Hawk has spent in excess of $31,149,000 on its integrated water system of which the subject water rights are a part: 5.a.(1) For the year ending December 31, 2012, the City of Black Hawk expended $9,698,437 on its water system including $1,010,465 on capital projects. Projects included infiltration gallery construction, continuation of the Green Lake pipeline replacement, water rights purchase, and additional property purchases for future reservoirs. 5.a.(2) For the year ending December 31, 2013, the City of Black Hawk expended $3,267,585 on its water system including $573,167 on capital projects. Projects included design of the new Dory Hill Water Treatment Plant, continuation of the Green Lake pipeline replacement, and design of the new Georgetown Lake outlet structure. 5.a.(3) For the year ending December 31, 2014, the City of Black Hawk expended $6,560,453 on its water system including $3,826,497 on capital projects. Projects included construction of the Georgetown Lake outlet, continuation of the Green Lake pipeline replacement, and construction of the Dory Hill Water Treatment Plant. 5.a.(4) For the year ending December 31, 2015, the City of Black Hawk expended $5,276,333 on its water system including $2,594,343 on capital projects. Projects included the design and construction of the Highway 119 waterline loop, continuation of the Green Lake pipeline replacement, and completion of the Dory Hill Water Treatment Plant. 5.a.(5) For the year ending December 31, 2016, the City of Black Hawk expended

$2,768,008 on its water system including $464,615 on capital projects. Projects included installation of a fire suppression system at the Dory Hill Water Treatment Plant, sand blasting and painting the 350,000-gallon steel water tank, continued work on the Georgetown Lake outlet, and completion of the Green Lake pipeline replacement. 5.a.(6) For the year ending December 31, 2017, the City of Black Hawk expended $2,059,524 on its water system including $456,689 on capital projects. Projects included design of the Church Ditch Augmentation Station replacement, sand blasting and painting the exterior of the Dory Hill water tank, installation of new Gregory Street pipeline and pressure reducing valve vault, installation of fiber optics within the distribution system, installation of new chlorine dioxide system at the Hidden Valley Treatment Plant, completion of the Georgetown Lake outlet, preliminary design and survey for a new headgate for the Green Lake inflow pipeline, and preliminary design of power generators for the Hidden Valley Treatment Plant and Pump Stations. 5.a.(7) For the year 2018 through August 28, 2018, the City of Black Hawk expended $1,519,263 on its water system including $141,567 on capital projects. Projects included construction of the Church Ditch Augmentation Station, painting the exterior of the Dory Hill water tank, sand blasting and painting PRV vaults in the distribution system, sealing Green Lake with sodium bentonite, design and start of construction to dredge Georgetown Lake, pre-design for a new head-gate for the Leavenworth diversion for Green Lake, and final design of power generators for the Hidden Valley Treatment Plant & Pump Stations. 5.b. The amounts in paragraph 5.a include more than $3,500,000 for engineering and $2,050,000 for legal fees and costs during the diligence period. 5.c. On December 5, 2016, Black Hawk obtained a decree in Case No. 2012CW303, Water Division No. 1, which included: (1) an augmentation plan to replace depletions from diversions and evaporation at Georgetown Lake and including the water rights decreed in Case No. 2007CW327 as a source of substitute supply; and (2) a change of water rights for inches in the Church Ditch for use in the exchanges in Case No. 92CW059 as referenced in paragraphs 4.b.(2)(a) and 4.b.(2)(b), above. 5.d. On December 11, 2017, Black Hawk obtained a decree in Case No. 2016CW3149, Water Division No. 1, which found diligence and made a portion absolute of the Black Hawk Effluent Diversion originally decreed in Case No. 93CW055, and which is a source of substitute supply for the exchanges herein. 5.e. On December 27, 2017, Black Hawk filed an application in Case No. 2017CW3204, Water Division No. 1, for a finding of diligence and to make a portion absolute of the exchanges decreed in Case No. 2009CW276, which include the subject water rights as a source of substitute supply. 5.f. On January 31, 2018, Black Hawk filed an application in Case No. 2018CW3019, Water Division No. 1, for a finding of diligence for the exchanges decreed in Case No. 92CW059, which will be operated in conjunction with the exchanges decreed in Case No. 2007CW327 as described in paragraphs 4.b.(2)(a) and 4.b.(2)(b), above. 5.g. During the diligence period, Black Hawk participated in rulemaking hearings and other proceedings before the Colorado Water Quality Control Commission regarding water quality standards and the Black Hawk-Central City Sanitation District’s CDPES permit. 5.h. During the diligence period, Black Hawk has participated as an objector in numerous Water Court proceedings in order to protect its water rights, including the subject water rights. 6. CLAIM TO MAKE ABSOLUTE: During the diligence period, Black Hawk stored and/or diverted by exchange the following amounts, as shown on the accounting attached hereto as Exhibit B. 6.a. Georgetown Lake / Black Hawk Storage Right. 6.a.(1) Amount stored: 100 acre feet. 6.a.(2) Dates of water storage: April – May 2012. 6.a.(3) Portion Remaining Conditional: n/a. 6.b. Black Hawk Clear Creek Exchange Rights. 6.b.(1) Amount diverted by exchange: A maximum of 5.0 c.f.s. was exchanged from the confluence of the West Fork of Clear Creek exchange-from point described in paragraph 4.b.(3)(c), above, to Georgetown Lake as described in paragraph 4.b.(1), above. 6.a.(2) Dates of exchange: April 26 through May 3, 2012. 6.a.(3) Use: See paragraph 4.c., above. 6.a.(4) Place of Use: See paragraph 4.d., above. 6.a.(5) Portion Remaining Conditional: 23.0 c.f.s. 7. NAMES AND ADDRESSES OF OWNERS OR REPUTED OWNERS OF THE LAND UPON WHICH ANY NEW DIVERSION OR STORAGE STRUCTURE OR MODIFICATION TO ANY EXISTING DIVERSION OR STORAGE STRUCTURE IS OR WILL BE CONSTRUCTED OR UPON WHICH WATER IS OR WILL BE STORED: See Exhibit C hereto. WHEREFORE, Applicant requests that 100 a.f. decreed to the Georgetown Lake / Black Hawk Storage Right and 5.0 c.f.s. decreed to the Black Hawk Clear Creek Exchange Rights be decreed as

absolute, and that diligence be found for the remaining conditional amounts decreed to the Georgetown Lake / Black Hawk Storage Right, Black Hawk North Clear Creek Exchange Rights, and Black Hawk Clear Creek Exchange Rights, and that said rights be continued as conditional in full force and effect until the due date of the next diligence filing herein. Additional Information - number of pages of Application: 19 including 8 pages of exhibits. 18CW3153, Gambel Hills, LLC, 10857 Evans Ridge Road, Parker, CO 80134 (James J. Petrock, Petrock Fendel Poznanovic, P.C., 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR PLAN FOR AUGMENTATION, ELBERT COUNTY. Description of plan for augmentation: Groundwater to be augmented: 3.75 acre-feet per year for 100 or 300 years of not nontributary Upper Dawson aquifer groundwater as decreed in Case No. 08CW132, District Court, Water Division 1, underlying 53.56 acres located in the S1/2SE1/4, except the west 882.66 feet, Section 22, T7S, R65W of the 6th P.M., Elbert County, as shown on Attachment A hereto (Subject Property). Applicant is the owner of the groundwater decreed in Case No. 08CW132 as evidenced by the deed attached as Attachment B. Water rights to be used for augmentation: Return flows from the use of not nontributary Upper Dawson aquifer water and return flows and direct discharge of nontributary groundwater underlying the Subject Property as also decreed in Case No. 08CW132. Statement of plan for augmentation: The Upper Dawson aquifer groundwater will be used to serve up to five residential lots on the Subject Property through individual wells, including existing well Permit No. 213895. Each well will withdraw 0.75 acre-feet per year for in-house use, irrigation of 5000 square-feet of lawn, garden, and trees, and stockwatering of up to four large domestic animals. Applicant reserves the right to revise the amounts and uses without having to amend or republish this application. Sewage treatment for in house use will be provided by non-evaporative septic systems. Return flows associated with in-house use and irrigation use will be approximately 90% and 15%, respectively, of the amounts used for those purposes. During pumping Applicant will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Applicant estimates that depletions occur mainly to the Running Creek stream system. Return flows from in-house and irrigation use will accrue to the South Platte River system via Running Creek and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicant will reserve an equal amount of nontributary groundwater as decreed in Case No. 08CW132 to meet post-pumping augmentation requirements. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (5 pages). 18CW3154 (12CW51) Northern Colorado Water Conservancy District (“Northern Water”), c/o Andy Pineda, 220 Water Avenue, Berthoud, Colorado 80531, Telephone: (800) 369-7246, E-mail: apineda@northernwater.org. Attorneys: Douglas M. Sinor and William Davis Wert of TROUT RALEY, 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203, Telephone: (303) 861-1963, E-mail: dsinor@troutlaw.com and dwert@troutlaw.com. APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN LARIMER COUNTY, COLORADO. 1. Name, mailing address, email address, and telephone number of applicant: See above. 2. Name of Structure: Horsetooth Reservoir 3. Description of Conditional Water Right: A. Original Decree: Date of Decree: November 14, 1939, Case No.: Civil Action No. 10077, Court: District Court, Boulder County. B. Subsequent Decrees Finding Diligence: Date of Decree: April 4, 1952, Case No.: CA 10077, Court: District Court, Boulder County; Date of Decree: May 9, 1956, Case No.: CA 10077, Court: District Court, Boulder County; Date of Decree: July 31, 1964, Case No.: CA 10077, Court: District Court, Boulder County; Date of Decree: August 26, 1964, Case No.: CA 10077, Court: District Court, Boulder County; Date of Decree: March 3, 1966, Case No.: CA 10077, Court: District Court, Boulder County; Date of Decree: March 7, 1968, Case No.: CA 10077, Court: District Court, Boulder County; Date of Decree: December 7, 1970, Case No.: W 108, Court: Water Court, Division 1; Date of Decree: April 29, 1974, Case No.: W 3472, Court: Water Court, Division 1; Date of Decree: May 5, 1980, Case No.: W 3472 78, Court: Water Court, Division 1;Date of Decree: November 4, 1988, Case No.: 84CW83 (W 108), Court: Water Court, Division 1; Date of Decree: December 3, 1990 (decreeing 91,572 acre feet of the conditional right as abandoned), Case

No.: 88CW051, Court: Water Court, Division 1; Date of Decree: July 9, 1999, Case No.: 96CW163, Court: Water Court, Division 1; Date of Decree: February 14, 2006. Case No.: 05CW181, Court: Water Court, Division 1; Date of Decree: September 12, 2012, Case No.: 12CW51, Court: Water Court, Division 1. C. Legal Description: Verbatim legal description from the most recent decree: Horsetooth Reservoir is located upon all or a portion of Sections 5, 6 and 8, Township 6 North, Range 69 West of the 6th P.M., and of Sections 6, 7, 18, 19, 20, 29, 30, 31 and 32. Township 7 North, Range 69 West of the 6th P.M., Larimer County. The dam is located in the Southwest Quarter, Section 6, Township 7 North, Range 69 West of the 6th P.M., and the Southeast Quarter, Section 1, Township 7 North, Range 70 West of the 6th P.M. A map depicting the location of Horsetooth Reservoir is attached to the Application as Exhibit 1. D. Source: Big Thompson River and its tributaries. E. Appropriation Date: September 14, 1933. F. Amount: The total amount of the water right is 60,000 acre feet, of which 42,300 acre feet have been made absolute for all of the decreed uses and 17,700 acre feet remain conditional. G. Uses: The uses .of water stored in Horsetooth Reservoir are irrigation, domestic, power, industrial, and recreational purposes. H. A map of the current Northern Water boundaries is attached to the Application as Exhibit 2. 4. Detailed outline of what has been done toward completion of the appropriation: A. Horsetooth Reservoir is part of the Colorado–Big Thompson (“C-BT”) Project, an integrated transmountain diversion project that includes water rights, as well as diversion, storage, and distribution facilities, on both the West Slope and the East Slope of the continental divide. The C-BT Project is operated by Northern Water and the United States Bureau of Reclamation (“Reclamation”). Individual features of the C-BT Project are owned by either Northern Water or Reclamation. In the case where C-BT Project features serve to benefit both the power and water distribution systems, the costs are shared equally by Northern Water and Reclamation. Northern Water also is solely responsible for the maintenance of the distribution facilities that are located downstream of Horsetooth and Carter Lake Reservoirs. B. Horsetooth Reservoir and the other water supply features of the C-BT Project were and are conceived, planned, constructed, and operated as component parts of a common plan and scheme of development and thus comprise an integrated water supply system. Work on one feature of the C-BT Project shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire C-BT Project. C.R.S. § 37 90 301(4)(b). C. In general, during the diligence period from September 2012 to September 2018 (fiscal years 2013-2018), Northern Water has continued to maintain Horsetooth Reservoir and the other C-BT Project facilities used to divert water from the decreed sources into Horsetooth Reservoir. During the diligence period, Northern Water and Reclamation expended a total of approximately $40,774,069 towards the operation, maintenance, and improvement of the C-BT Project. During this period, Northern Water and Reclamation spent $2,197,365 on capital projects related to Horsetooth Reservoir, including gate modernization, Soldier Canyon projects, and canal maintenance. In addition, during the diligence period $4,724,667 was expended on water quality monitoring work related to the C-BT Project and on a water quality study for Horsetooth Reservoir conducted by Northern Water. D. Specifically, Northern Water and Reclamation undertook numerous maintenance, improvement, water quality monitoring, and other activities associated with the integrated collection, storage, and distribution works of the C-BT Project. The following examples are some of the more significant activities associated with the C-BT Project undertaken during the diligence period: i. The C-BT Project canals below Carter Lake and Horsetooth Reservoir are maintained by Northern Water. The Hansen Feeder Canal between Carter Lake and Horsetooth Reservoir is maintained by Northern Water and Reclamation. Each year the canals are de-watered to allow maintenance crews to seal, replace, and inspect the canals, cross drains, turnouts, and syphons. Additional maintenance is conducted as required. Algae treatments along the canal are performed to maintain capacity within the canal. ii. The Maitland Siphon, located on the Hansen Feeder canal, was previously damaged with overloaded fill material after the initial construction, causing deformation and cracking of the structure. The maintenance program included a two-year design period followed by the installation of a lined plate steel pipe. iii. Cottonwood Syphon requires repair due to deflection from overloaded fill material after the initial construction. Preliminary work has been done to assess the damage to the syphon and start work on the repair. iv. Horsetooth Dam gate and valve controls for the reservoir were updated and connected to Northern Water’s SCADA system to complete a

modernization project. v. Soldier Canyon outlet projects included repair of the outlet fill line, inspections, and planning of additional gate rehabilitation work. vi. Northern Water’s baseline water quality monitoring program for reservoirs and streams covers 55 sites on both sides of the Continental Divide located throughout eight watersheds. The program focuses on monitoring nutrients, metals, general chemistry, physical parameters, phytoplankton, and zooplankton. Water temperature, aquatic plants, emerging contaminants, macroinvertebrates, and salinity are also routinely monitored to determine aquatic health and water quality. vii. Northern Water’s Algae Control program is a collaborative effort between Northern Water staff and various C-BT Project stakeholders to provide information about algae treatment measures for C-BT Project infrastructure. The program provides a bi-weekly report to stakeholders and Northern Water staff about which specific chemicals and treatment methods are being used to reduce algae growth in canals and infrastructure. viii. Northern Water conducted a water quality study for Horsetooth Reservoir, which is located west of Fort Collins, CO. Several water quality parameters were measured and analyzed to determine the effects of Northern Water operations on drinking water treatment and water quality. A numerical water quality model, developed by the U.S. Army Corps of Engineers, was calibrated to test future conditions from the results of this study. The water quality study will continue to monitor parameters, test future modeling conditions, and assess where measures can be taken to improve water quality. E. During the diligence period, Northern Water exercised the Horsetooth Reservoir water right but did not divert in excess of the amount that has previously been decreed absolute. 5. List of names and addresses of owners or reputed owners of the land upon which water is or will be stored: Northern Water (Applicant); U.S. Bureau of Reclamation, 995 S. Wilson Ave., Loveland, CO 80537; U.S. Bureau of Reclamation, 11056 W. County Road 18E, Loveland, CO 80537-9711; U.S. Bureau of Reclamation, Denver Federal Center, Bldg. 67, Denver, CO 80225; United States of America, 1313 Sherman St., Denver, CO 80203-2236; United States of America, General Delivery, Washington, D.C. 20090-999; United States of America, General Delivery, Washington, D.C. 20410; United States of America, P.O. Box 1366, Fort Collins, CO 80522-1366; County of Larimer, P.O. Box 1190, Fort Collins, CO 80522-1190; City of Fort Collins, P.O. Box 580, Fort Collins, CO 80522-0580; Casey Kevin Campeau, Gail Ruth Campeau, Joseph David Campeau, Susan Camille Scott, Cynthia Winona Campeau McAllister, 521 Sheldon St., El Segundo, CA 90245; Barry L. Sullens, 4601 Inlet Ct., Fort Collins, CO 80526 4902; Russell Parker Robinson, 4525 Inlet Ct., Fort Collins, CO 80526 4938. 6. Remarks: By this application, Northern Water does not seek to make any additional portion of the water right absolute and seeks only a finding of reasonable diligence for the remaining conditional portion of the water right. (8 pages) 18CW3155 (12CW52) Northern Colorado Water Conservancy District (“Northern Water”), c/o Andy Pineda, 220 Water Avenue, Berthoud, Colorado 80531, Telephone: (800) 369-7246, E-mail: apineda@northernwater.org. Attorneys: Douglas M. Sinor and William Davis Wert of TROUT RALEY, 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203, Telephone: (303) 861-1963, E-mail: dsinor@troutlaw.com and dwert@troutlaw.com. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN PART, IN LARIMER COUNTY, COLORADO. 1. Name, mailing address, email address, and telephone number of applicant: See above. 2. Name of Structure: Carter Lake Reservoir 3. Description of Conditional Water Right: A. Original Decree: Date of Decree: November 14, 1939, Case No.: Civil Action No. 10077, Court: District Court, Boulder County. B. Subsequent Decrees Finding Diligence: Date of Decree: April 4, 1952, Case No.: CA 10077, Court: District Court, Boulder County; Date of Decree: May 9, 1956, Case No.: CA 10077, Court: District Court, Boulder County; Date of Decree: July 31, 1964, Case No.: CA 10077, Court: District Court, Boulder County; Date of Decree: August 26, 1964, Case No.: CA 10077, Court: District Court, Boulder County; Date of Decree: March 3, 1966, Case No.: CA 10077, Court: District Court, Boulder County; Date of Decree: March 7, 1968, Case No.: CA 10077, Court: District Court, Boulder County; Date of Decree: November 12, 1970, Case No.: W 106, Court: Water Court, Division 1; Date of Decree: November 10, 1975, Case No.: W 3191, Court: Water Court, Division 1; Date of Decree: April 2, 1980, Case No.: W 3191-79 (W 106), Court: Water Court, Division 1; Date of Decree: November 4, 1988, Case

No.: 83CW262 (W 106), Court: Water Court, Division 1; Date of Decree: December 3, 1990 (decreeing 78,470 acre feet of the conditional water right as abandoned), Case No.: 87CW203, Court: Water Court, Division 1; Date of Decree: July 9, 1999, Case No.: 96CW164; Court: Water Court, Division 1; Date of Decree: February 14, 2006, Case No.: 05CW180, Court: Water Court, Division 1; Date of Decree: September 21, 2012, Case No.: 12CW52, Court: Water Court, Division 1. C. Legal Description: Verbatim legal description from the most recent decree: Carter Lake Reservoir is located upon all or a portion of Sections 2, 3, 4, 9, 10, 15, and 16, Township 4 North, Range 70 West of the 6th P.M., and Section 34 and 35, Township 5 North, Range 70 West of the 6th P.M., Larimer County. The dam is located in the Southeast Quarter, Section 10, Township 4 North, Range 70 West of the 6th P.M., Larimer County. A map depicting the location of Carter Lake Reservoir is attached to the Application as Exhibit 1. D. Source: Big Thompson River. E. Appropriation Date: September 4, 1933. F. Amount: The total amount of the water right is 38,612 acre feet, of which 11,480 acre feet have previously been decreed absolute for all of the decreed uses and 27,132 acre feet remain conditional. G. Uses: The uses of water stored in Carter Lake Reservoir are irrigation, domestic, power, industrial, and recreational purposes. H. A map of the current Northern Water boundaries is attached to the Application as Exhibit 2. 4. Detailed outline of what has been done toward completion of the appropriation: A. Carter Lake Reservoir is part of the Colorado–Big Thompson (“C-BT”) Project, an integrated transmountain diversion project that includes water rights, as well as diversion, storage, and distribution facilities, on both the West Slope and the East Slope of the continental divide. The C-BT Project is operated by Northern Water and the United States Bureau of Reclamation (“Reclamation”). Individual features of the C-BT Project are owned by either Northern Water or Reclamation. In the case where C-BT Project features serve to benefit both the power and water distribution systems, the costs are shared equally by Northern Water and Reclamation. Northern Water also is solely responsible for the maintenance of distribution facilities that are located downstream of Horsetooth and Carter Lake Reservoirs- B. Carter Lake Reservoir and the other water supply features of the C-BT Project were and are conceived, planned, constructed, and operated as component parts of a common plan and scheme of development and thus comprise an integrated water supply system. Work on one feature of the C-BT Project shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire C-BT Project. C.R.S. § 37 90 301(4)(b). C. In general, during the diligence period from September 2012 to September 2018 (fiscal years 2013 to 2018), Northern Water has continued to maintain Carter Lake Reservoir and the other C-BT Project facilities used to divert water from the decreed sources into Carter Lake Reservoir. During the diligence period, Northern Water and Reclamation expended a total of approximately $40,774,069 towards the operation, maintenance, and improvement of the C-BT Project. During this period, Northern Water and Reclamation spent $16,897,305 on capital projects related to Carter Lake Reservoir, including the Carter Lake Outlet and canal rehab. In addition, Northern Water conducted work on the Southern Water Supply Pipeline (SWSP) operations, including SWSP II. During the diligence period, $4,686,795 also was expended on water quality monitoring work related to the C-BT Project performed during the diligence period. D. More specifically, Northern Water and Reclamation undertook numerous maintenance, improvement, water quality monitoring, and other activities associated with the integrated collection, storage, and distribution works of the C-BT Project. The following examples are some of the more significant activities associated with the C-BT Project that were undertaken during the diligence period. i. The C-BT Project canals below Carter Lake and Horsetooth are maintained by Northern Water. The Hansen Feeder Canal between Carter Lake and Horsetooth is maintained by Northern Water and Reclamation. Each year the canals are de-watered to allow maintenance crews to seal, replace, and inspect the canals, cross drains, turnouts, and syphons. Additional maintenance is conducted as required. Algae treatments along the canal are performed to maintain capacity within the canal. ii. The Maitland Siphon, located on the Hansen Feeder canal, was previously damaged with overloaded fill material after the initial construction, causing deformation and cracking of the structure. The maintenance program included a two-year design period followed by the installation of a lined plate steel pipe. iii. Cottonwood Syphon requires repair due to deflection from overloaded fill material after the initial construction. Preliminary work has been done to assess the damage to the syphon and start work on

the repair. iv. An additional outlet structure was constructed from Carter Lake into the St. Vrain Supply Canal. This outlet structure was completed in fiscal year 2013. v. Northern Water’s Southern Water Supply Pipeline delivers C-BT Project and Windy Gap Project water 110 miles from Carter Lake Reservoir to several northeastern Colorado communities. The West Longmont Pump station received pump maintenance in 2017 due to worn motor shaft sleeves and bearings. The maintenance program followed a two-week outage with the replacement of several motor and pump parts. vi. Northern Water’s Southern Water Supply Pipeline II (SWSP II) is a raw water pipeline that will deliver water from Carter Lake to several project beneficiaries year-round. The SWSP II project traverses from Carter Lake to the City of Boulder’s Boulder Reservoir Water Treatment Plant. Several environmental studies, permitting, project design, and easement acquisitions were ongoing efforts from 2013 to 2017. Construction of the SWSP II began in May of 2018 with an anticipated completion in the spring of 2020. vii. Northern Water’s baseline water quality monitoring program for reservoirs and streams covers 55 sites on both sides of the Continental Divide located throughout eight watersheds. The program focuses on monitoring nutrients, metals, general chemistry, physical parameters, phytoplankton and zooplankton. Water temperature, aquatic plants, emerging contaminants, macroinvertebrates, and salinity are also routinely monitored to determine aquatic health and water quality. viii. Northern Water’s Algae Control Program is a collaborative effort between Northern Water staff and various C-BT stakeholders to provide information about algae treatment measures for C-BT infrastructure. The program provides a bi-weekly report to stakeholders and Northern Water staff about which specific chemicals and treatment methods are being used to reduce algae growth in canals and infrastructure. ix. During the diligence period, Northern Water hired Stantec to conduct a study considering the replacement of the pump to Carter Lake with a new additional pump station. Northern Water spent $243,833.54 on this study during the 2018 fiscal year. E. During the diligence period, Northern Water exercised the Carter Lake Reservoir water right and, as described below, diverted an additional 241 acre-feet of water in 2014, for a total to be decreed as absolute of 11,721 acre-feet. 5. Claim to Make Absolute in Part: A. As evidenced by the diversion records maintained by the Division of Water Resources attached to the Application as Exhibit 3, in the 2014 water year, Northern Water diverted a total of 11,721 acre feet of water from the Big Thompson River at Olympus Tunnel and stored such water in Carter Lake Reservoir under the water right described herein. Northern Water subsequently placed this water to beneficial use within its boundaries. B. The 11,721 acre feet of water that was diverted and stored in the 2014 water year under the water right described herein and subsequently placed to beneficial use exceeds the amount currently decreed as absolute by 241 acre feet. Accordingly, Northern Water seeks a decree to make an additional 241 acre feet absolute, bringing the total amount decreed absolute under the water right described herein to 11,721 acre feet and the total amount that remains conditional to 26,891 acre feet. See C.R.S. § 37 92 301(4)(e). 6. List of names and addresses of owners or reputed owners of the land upon which water is or will be stored: Northern Water (Applicant); United States of America, General Delivery, Washington, D.C. 20090-999; U.S. Bureau of Reclamation, 11056 W. County Road 18E, Loveland, CO 80537-9711; United States Department of Interior Bureau of Land Management, P.O. Box 25047, Denver, CO 80225-0047; State of Colorado, Board of Land Commissioners, 1313 Sherman St., Rm. 621, Denver, CO 80203-2283. (7 pages) 18CW3156 (12CW54) Northern Colorado Water Conservancy District (“Northern Water”), c/o Andy Pineda, 220 Water Avenue, Berthoud, Colorado 80531, Telephone: (800) 369-7246, E-mail: apineda@northernwater.org. Attorneys: Douglas M. Sinor and William Davis Wert of TROUT RALEY, 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203, Telephone: (303) 861-1963, E-mail: dsinor@troutlaw.com and dwert@troutlaw.com. APPLICATION FOR FINDING OF REASONABLE DILIGENCE, IN LARIMER COUNTY, COLORADO. 1. Name, mailing address, email address, and telephone number of applicant: See above. 2. Name of Structure: Horsetooth Reservoir 3. Description of Conditional Water Right: A. Original Decree: Date of Decree: September 10, 1953, Case No.: Civil Action No. 11217, Court: District Court, Larimer County. B. Subsequent Decrees Finding Diligence: Date of Decree: March 6, 1956, Case No.: CA 11217, Court: District Court, Larimer County;

Date of Decree: September 19, 1960, Case No.: CA 11217, Court: District Court, Larimer County; Date of Decree: November 4, 1971, Case No.: W 105, Court: Water Court, Division 1; Date of Decree: November 10, 1975, Case No.: W 3193, Court: Water Court, Division 1; Date of Decree: April 2, 1980, Case No.: W 3193 79 (W 105), Court: Water Court, Division 1; Date of Decree: November 4, 1988, Case No.: 83CW259 (W 3193 79), Court: Water Court, Division 1; Date of Decree: December 3, 1990, Case No.: 87CW204, Court: Water Court, Division 1; Date of Decree: July 9, 1999, Case No.: 96CW1122, Court: Water Court, Division 1; Date of Decree: February 14, 2006, Case No.: 05CW182, Court: Water Court, Division 1; Date of Decree: September 21, 2012, Case No.: 12CW54, Court: Water Court, Division 1. C. Legal Description: Verbatim legal description from the most recent decree: Horsetooth Reservoir is located upon all or a portion of Sections 5, 6 and 8, Township 6 North, Range 69 West of the 6th P.M., and of Sections 6, 7, 18, 19, 20, 29, 30, 31 and 32. Township 7 North, Range 69 West of the 6th P.M., Larimer County. The dam is located in the Southwest Quarter, Section 6, Township 7 North, Range 69 West of the 6th P.M., and the Southeast Quarter, Section 1, Township 7 North, Range 70 West of the 6th P.M. A map depicting the location of Horsetooth Reservoir is attached to the Application as Exhibit 1. D. Source: Soldier, Dixon, and Spring Creeks, tributaries of the Cache la Poudre River. E. Appropriation Date: October 15, 1935. F. Amount: The total amount of the water right is 10,000 acre feet, of which 7,985 acre feet have been made absolute for all of the decreed uses and 2,015 acre feet remain conditional. G. Uses: The uses of water stored in Horsetooth Reservoir are irrigation, domestic, power, industrial, and recreational purposes. H. A map of the current Northern Water boundaries is attached to the Application as Exhibit 2. 4. Detailed outline of what has been done toward completion of the appropriation: A. Horsetooth Reservoir is part of the Colorado–Big Thompson (“C-BT”) Project, an integrated transmountain diversion project that includes water rights, as well as diversion, storage, and distribution facilities, on both the West Slope and the East Slope of the continental divide. The C-BT Project is operated by Northern Water and the United States Bureau of Reclamation (“Reclamation”). Individual features of the C-BT Project are owned by either Northern Water or Reclamation. In the case where C-BT Project features serve to benefit both the power and water distribution systems, the costs are shared equally by Northern Water and Reclamation. Northern Water also is solely responsible for the maintenance of the distribution facilities that are located downstream of Horsetooth and Carter Lake Reservoirs. B. Horsetooth Reservoir and the other water supply features of the C-BT Project were and are conceived, planned, constructed, and operated as component parts of a common plan and scheme of development and thus comprise an integrated water supply system. Work on one feature of the C-BT Project shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire C-BT Project. C.R.S. § 37 90 301(4)(b). C. In general, during the diligence period from September 2012 to September 2018 (fiscal year 2013-2018), Northern Water has continued to maintain Horsetooth Reservoir and the other C-BT Project facilities used to divert water from the decreed sources into Horsetooth Reservoir. During the diligence period, Northern Water and Reclamation expended a total of approximately $40,774,069 towards the operation, maintenance, and improvement of the C-BT Project. Northern Water, and Reclamation spent $2,197,365 on capital projects related to Horsetooth Reservoir, including gate modernization, Soldier Canyon Projects, and canal maintenance. In addition, during the diligence $4,724,667 was expended on water quality monitoring work related to the C-BT Project and on a water quality study for Horsetooth Reservoir conducted by Northern Water. D. Specifically, Northern Water and Reclamation undertook numerous maintenance, improvement, water quality monitoring, and other activities associated with the integrated collection, storage, and distribution works of the C-BT Project. The following examples are some of the more significant activities associated with the C-BT Project undertaken during the diligence period: i. The C-BT Project canals below Carter Lake and Horsetooth are maintained by Northern Water. The Hansen Feeder Canal between Carter Lake and Horsetooth is maintained by Northern Water and Reclamation. Each year the canals are de-watered to allow maintenance crews to seal, replace, and inspect the canals, cross drains, turnouts, and syphons. Additional maintenance is conducted as required. Algae treatments along the canal are performed to maintain capacity within the canal. ii. The Maitland Siphon, located on the Hansen Feeder canal, was previously damaged with overloaded fill material after the initial

construction, causing deformation and cracking of the structure. The maintenance program included a two-year design period followed by the installation of a lined plate steel pipe. iii. Cottonwood Syphon requires repair due to deflection from overloaded fill material after the initial construction. Preliminary work has been done to assess the damage to the syphon and start work on the repair. iv. Horsetooth Dam gate and valve controls for the reservoir were updated and connected to Northern Water’s SCADA system to complete a modernization project. v. Soldier Canyon outlet projects included repair of the outlet fill line, inspections, and planning of additional gate rehabilitation work. vi. Northern Water’s baseline water quality monitoring program for reservoirs and streams covers 55 sites on both sides of the Continental Divide located throughout eight watersheds. The program focuses on monitoring nutrients, metals, general chemistry, physical parameters, phytoplankton and zooplankton. Water temperature, aquatic plants, emerging contaminants, macroinvertebrates, and salinity are also routinely monitored to determine aquatic health and water quality. vii. Northern Water’s Algae Control program is a collaborative effort between Northern Water staff and various C-BT Project stakeholders to provide information about algae treatment measures for C-BT Project infrastructure. The program provides a bi-weekly report to stakeholders and Northern Water staff about which specific chemicals and treatment methods are being used to reduce algae growth in canals and infrastructure. viii. Northern Water conducted a water quality study for Horsetooth Reservoir, which is located west of Fort Collins, CO. Several water quality parameters were measured and analyzed to determine the effects of Northern Water operations on drinking water treatment and water quality. A numerical water quality model, developed by the U.S. Army Corps of Engineers, was calibrated to test future conditions from the results of this study. The water quality study will continue to monitor parameters, test future modeling conditions, and assess where measures can be taken to improve water quality. E. During the diligence period, Northern Water exercised the Horsetooth Reservoir water right but did not divert in excess of the amount that has previously been decreed absolute. 5. List of names and addresses of owners or reputed owners of the land upon which water is or will be stored: Northern Water (Applicant); U.S. Bureau of Reclamation, 995 S. Wilson Ave., Loveland, CO 80537; U.S. Bureau of Reclamation, 11056 W. County Road 18E, Loveland, CO 80537-9711; U.S. Bureau of Reclamation, Denver Federal Center, Bldg. 67, Denver, CO 80225; United States of America, 1313 Sherman St., Denver, CO 80203-2236; United States of America, General Delivery, Washington, D.C. 20090-999; United States of America. General Delivery, Washington, D.C. 20410; United States of America, P.O. Box 1366, Fort Collins, CO 80522-1366; County of Larimer, P.O. Box 1190, Fort Collins, CO 80522-1190; City of Fort Collins, P.O. Box 580, Fort Collins, CO 80522-0580; Casey Kevin Campeau, Gail Ruth Campeau, Joseph David Campeau, Susan Camille Scott, Cynthia Winona Campeau McAllister, 521 Sheldon St., El Segundo, CA 90245; Barry L. Sullens, 4601 Inlet Ct., Fort Collins, CO 80526 4902; Russell Parker Robinson, 4525 Inlet Ct., Fort Collins, CO 80526 4938. 6. Remarks: By this application, Northern Water does not seek to make any additional portion of the water right absolute, and seeks only a finding of reasonable diligence for the remaining conditional portion of the water right. (7 pages) **Note: Per Order, Division 2 will publish resume** 18CW3157, Div. 2 case number 18CW3052 CURTIS FAMILY LIVING TRUST, c/o Barry and Tanja Curtis, Co-Trustees, 1920 E. Baptist Road, Monument, CO 80132 (Please send all correspondence and pleadings to Chris D. Cummins of Monson, Cummins & Shohet, LLC, 13511 Northgate Estates Drive, Ste. 250, Colorado Springs, CO 80921 (719) 471-1212). Application for Approval of Plan for Augmentation EL PASO COUNTY. Applicant seeks approval of a plan for augmentation for replacement of out-of-priority depletions resulting from the use of up to two (2) wells to the not-nontributary Dawson aquifer underlying Applicant’s Property, for provision of water service to an equivalent number of single family dwellings thereon, based on an anticipated subdivision of Applicant’s approximately 36.65-acre parcel into two lots. The Denver Basin groundwater underlying Applicant’s Property, as more particularly described on the attached Exhibit A, and as depicted on the attached Exhibit B map, was previously adjudicated by the Division 2 Water Court in Case No. 01CW140. Applicant is the owner of a pro-rata allocation of the Dawson, Denver and Laramie Fox Hills aquifers, as

adjudicated therein, as demonstrated on the attached Exhibit C deed. Applicant’s Denver Basin groundwater entitlements are as follows: Aquifer Total Acre Feet Annual Acre Feet (100-year) Dawson (NNT) 2,360 7.871 Denver (NNT) 3,380 33.80 Laramie-Fox Hills (NT) 1,078 10.78 Structures to be Augmented. The structures to be augmented are Curtis Wells Nos. 1 and 2, along with any replacement or additional wells associated therewith, as likewise may be constructed to the Dawson aquifer underlying the Applicant’s Property. Water Rights to be Used for Augmentation. The water rights to be used for augmentation during pumping are the septic return flows resulting from the in-house use of water pumped from the not-nontributary Dawson aquifer from Curtis Well Nos. 1 and 2, together with water rights from the nontributary Laramie-Fox Hills aquifer for any injurious post pumping depletions. Statement of Plan for Augmentation. Applicant wishes to provide for the augmentation of stream depletions caused by pumping of the not-nontributary Dawson aquifer by two wells proposed herein for two residential lots. Potential water use criteria and their consumptive use component for replacement of actual depletions for the lots are estimated as follows: Household Use Only: 0.25 acre feet annually within single family dwellings on two lots, with a maximum of ten percent consumptive use based on a nonevaporative septic leach field disposal systems. The annual consumptive use for in-house uses within each residence would therefore be 0.025 acre feet per well, with return flows of 0.225 acre feet per lot, and total return flows of 0.45 annual acre feet. Any other type of waste water disposal shall require an amendment to this plan of augmentation. Landscape Irrigation: 0.05 acre feet annually per 1,000 square feet (2.18 acre feet per acre) per year, with an 85% assumed consumptive use rate. The annual consumptive use for each 1,000 square feet of lawn and garden irrigated is therefore 0.042 acre feet. Horses (or equivalent livestock): 0.011 acre feet annually (10 gallons per day) per head with a one hundred percent consumptive use component. Hot Tub/Water Feature Use: 0.006 acre feet (2100 gallons) annually, based upon six fillings per year, with a 50% consumptive use rate. The annual consumptive use for each hot tub is therefore 0.003 acre feet (1050 gallons). Each well will pump a maximum of 1.0 acre feet of water per year per residence for a maximum total of 2.0 acre feet being withdrawn from the Dawson aquifer per year. Such use shall be a combination of household use, irrigation of lawn and garden, and the watering of horses or equivalent livestock. An example breakdown of this combination of use, utilizing the factors described above, is household use of 0.25 acre feet of water per year per residence with the additional 0.73 acre feet per year per residence available for irrigation of approximately 14,000 square feet of lawn and garden and the watering of up to four horses or equivalent livestock on each residential lot. Depletions. Applicant’s consultant has determined that maximum stream depletions over the 300 year pumping period for the Dawson aquifer amounts to approximately 22% percent of pumping. Maximum annual depletions for total residential pumping from all wells are therefore 0.44 acre feet in year 300. Should Applicant’s pumping be less than the 1.0 acre feet per lot described herein, resulting depletions and required replacements will be correspondingly reduced. Augmentation of Depletions During Pumping. Pursuant to C.R.S. §37-90-137(9)(c.5), Applicant is required to replace actual stream depletions attributable to pumping of the two residential wells. Applicant’s consultant has determined that depletions during pumping will be effectively replaced by residential return flows from non-evaporative septic systems. The annual consumptive use for non-evaporative septic systems is 10% per year per residence. At a household use rate of 0.25 acre feet per residence per year, total of 0.5 acre feet, 0.45 acre feet is replaced to the stream system per year, utilizing non-evaporative septic systems. Thus, during pumping, stream depletions will be adequately augmented. Augmentation for Post Pumping Depletions. For the replacement of any injurious post-pumping depletions which may be associated with the use of the Curtis Well Nos. 1 and 2, Applicant will reserve

1 The annual quantity listed for the Dawson aquifer is a 300-year aquifer life, consistent with El Paso County Land Development Code, not the less restrictive 100-year aquifer life provided by Colorado Statute.

up to 530 acre feet of water from the nontributary Laramie Fox Hills aquifer, less the amount of actual stream depletions replaced during the plan pumping period, calculated by Applicant’s consultant to be 70 acre feet. Applicant also reserves the right to substitute other legally available augmentation sources for such post pumping depletions upon further approval of the Court under its retained jurisdiction. Even though this reservation is made, under the Court’s retained jurisdiction, Applicant reserves the right in the future to prove that post pumping depletions will be noninjurious. The reserved nontributary Laramie-Fox Hills groundwater will be used to replace any injurious post-pumping depletions. Upon entry of a decree in this case, the Applicant will be entitled to apply for and receive a new well permit for the Curtis Well Nos. 1 and 2 for the uses in accordance with this Application and otherwise in compliance with C.R.S. §37-90-137. Remarks. This Application was filed in both Water Divisions 1 and 2 because depletions from the pumping of the Dawson aquifer may occur in both the South Platte and the Arkansas River systems. The return flows set forth herein will accrue to tributaries of the Arkansas River system where the majority of such depletions will occur, and it is Applicant’s intent to consolidate the instant matter with pending Division 2 application in Water Division 2 upon completion of publication. Applicant requests that the total amount of depletions to both the South Platte River and the Arkansas River systems be replaced to the Arkansas River as set forth herein, and for a finding that those replacements are sufficient. Applicant requests a finding that they have complied with C.R.S. §37-90-137(4), and that the ground water requested herein is legally available for withdrawal by the requested not-nontributary wells upon the entry of a decree approving an augmentation plan pursuant to C.R.S. §37-90-137(9)(c.5). The term of this augmentation plan is for 300 years, however the length of the plan for a particular well may be extended beyond such time provided the total plan pumping allocated thereto is not exceeded. Post pumping stream depletions accrue to a particular well or wells only to the extent related to that well’s actual pumping. The Court will retain jurisdiction over this matter to provide for the adjustment of the annual amount of ground water withdrawals to be allowed in order to conform to actual local aquifer characteristics from adequate information obtained from well drilling or test holes. The Applicant requests a finding that vested water rights of others will not be materially injured by the withdrawals of ground water and the proposed plan for augmentation. The wells shall be installed and metered as reasonably required by the State Engineer. Each well must be equipped with a totalizing flow meter and Applicant shall submit diversion records to the Division Engineer on an annual basis or as otherwise requested by the Division Engineer. The Applicant shall also provide accountings to the Division Engineer and Water Commissioner as required by them to demonstrate compliance under this plan of augmentation. Well Permit No. 302149 will be repermitted upon decree in this matter as one of the augmented structures described herein. The Applicant intends to waive the 600 feet well spacing requirement for any wells to be located upon the Applicant’s Property. Applicant will comply with any lienholder notice provisions set forth in C.R.S. §37-92-302(2)(b) and §37-90-137(4)(b.5)(I), and such notice will be sent within 14 days of the filing of this application. Application consists of six pages. 18CW3158 City of Thornton, Colorado, c/o Water Resources Division, 12450 Washington Street, Thornton, Colorado 80241. Please send all future correspondence and pleadings to: Matthew L. Merrill, David C. Taussig, WHITE & JANKOWSKI, LLP, 511 Sixteenth Street, Suite 500, Denver, Colorado 80202, Phone: (303)-595-9441. APPLICATION FOR CHANGE OF CONDITIONAL STORAGE RIGHT, NEW CONDITIONAL UNDERGROUND WATER RIGHT AND CONDITIONAL SURFACE RIGHT, AND PLAN FOR AUGMENTATION, in ADAMS and WELD COUNTY. 2. Introductory Remarks. Applicant, the City of Thornton (“Thornton”) owns and operates an integrated municipal water system and sewer system supplying water and sewer service to those within its service area as it now exists and as it may grow in the future, and to those with contracts for water supply service. As part of its water supply planning, Thornton acquired ownership of the Hammer Pit and Cooley East Pit water storage structures from Aggregate Industries, Inc. after completion of mining. Thornton owns conditional water rights decreed to these storage structures in Case No. 91CW126. Thornton is in the process of taking over operation of the Cooley East Pit and the Orr Drain from Aggregate Industries, Inc. This application first seeks a change of the location of storage of conditional water rights originally decreed in

Case No. 91CW126 in the amount of 516.1 acre-feet from the Cooley East Pit to the Hammer Pit at its as-built location, as more fully described below. Second, the Application seeks confirmation of a new conditional underground water right for the Renslow Drain, which diverts alluvial ground water into the Hammer Pit. Third, the Application seeks confirmation of a new conditional surface water right for the Orr Drain that diverts into the Cooley East Pit. Finally, the Application seeks a plan for augmentation for the Cooley East Pit, Hammer Pit, Renslow Drain and Orr Drain. The principal structures involved in this application are shown on Exhibit A to the Application. All exhibits to the application are incorporated by reference as if fully set forth in the application. Change of Conditional Water Right 3. Introduction. Thornton’s decree in Case No. 91CW126 (“91CW126 Decree”) confirmed conditional water storage rights for a number of lined gravel pits, which have been the subject of timely diligence filings and diligence decrees. Two of these pits were the Cooley East Pit and the Hammer Pit. By this application, Thornton seeks to refine the conditional decreed storage amounts for these two gravel pits to more accurately represent the constructed conditions. The as-built storage capacity of the Hammer Pit is greater than decreed in Case No. 91CW126, and the current as-built storage capacity of the Cooley East Pit is less than decreed in Case No. 91CW126. In addition, the as-built storage location of the Hammer Pit differs from the location in the 91CW126 Decree. By this application, Thornton seeks to change the location of storage of 516.1 acre-feet of the conditional water right from the Cooley East Pit downstream to the as-built location of the Hammer Pit and to confirm the as-built legal description for Hammer Pit. These two pits are located in the same reach of the South Platte River and there are no intervening dry up points between the diversion points decreed to these two pits in Case No. 91CW126. The operation of both pits will continue to be subject to the volumetric diversion limits in the 91CW126 Decree and the other terms and conditions of that decree. The operation of both pits will also continue to be subject to the decree in Case No. 96CW1116 (Div. 1). 4. From Previous Decree in Case No. 91CW126 (Water Division 1): a. Date Entered: September 16, 2002. b. Rights to be Changed: Thornton seeks to change a portion of the water right decreed to the Cooley East Pit described in paragraph 8.5 of the 91CW126 Decree to the Hammer Pit described in paragraph 8.8 of the 91CW126 Decree and seeks to correct the legal description of the Hammer Pit to conform to its as-built location. Both the Cooley East Pit and Hammer Pit water rights are decreed for the same uses. Thornton does not seek to change any other right in Case No. 91CW126 by this application. c. Cooley East Pit: i. Decreed points of diversion: (1) The headgate of the Fulton Ditch on the east bank of the South Platte River in the NE1/4 of the SE1/4 of Section 17, T2S, R67W, 6th P.M., Adams County, at a point approximately 2,815 feet south and 145 feet west of the northeast corner of said section. ii. Decreed place of storage: Located in the S1/2 of Section 9; the NW1/4 of Section 16, T2S, R67W, 6th P.M., Adams County. iii. Source: South Platte River. iv. Appropriation Date December 31, 1991. v. Rate of Diversion: 300 c.f.s. vi. Amount: 5,100 acre-feet. vii. Historical Use: The water right to be changed is a conditional right for numerous municipal uses described in the 91CW126 Decree at paragraph 10. Therefore, there are no records of actual diversions. The change will not exceed the contemplated draft of the original appropriation. d. Hammer Pit: i. Decreed points of diversion: (1) The headgate of the Brantner Ditch on the north bank of the South Platte River in the NE1/4 of the SW1/4, Section 4, T2S, R67W, 6th P.M., Adams County, at a point approximately 2,721 feet south and 2,140 feet east of the northwest corner of said section. (2) South Platte River Diversion A on the west bank of the South Platte River in the NE1/4 of the NW1/4, Section 23, T1S, R67W, 6th P.M., Adams County, at a point approximately 1,100 feet south and 2,500 feet east of the northwest corner of said section. (3) South Platte River Diversion B on the west bank of the South Platte River in the SE1/4 of the NE1/4, Section 14, T1S, R67W, 6th P.M., Adams County, at a point approximately 2,400 feet south and 580 feet west of the northeast corner of said section. ii. Decreed place of storage: Located in the SE1/4, S1/2 of the NE1/4, and the SE1/4 of the NW1/4 of Section 14; and the E1/2 of the NW1/4, and NW1/4 of the NE1/4 of Section 23, T1S, R67W, 6th P.M., Adams County. iii. Source: South Platte River. iv. Appropriation Date and Rates of Diversion: (1) Brantner Ditch, December 31, 1991, 110 c.f.s. (2) South Platte River Diversion A, December 31, 1991, 300 c.f.s. (3) South Platte River Diversion B, December 31, 1991, 300 c.f.s. v. Amount: 1,600 acre-feet. vi. Historical Use: The water right to be changed is a conditional right for numerous municipal uses described in the 91CW126

Decree at paragraph 10. Therefore, there are no records of actual diversions. The change will not exceed the contemplated draft of the original appropriation. 5. Proposed Changes: Thornton seeks to change 516.1 acre-feet of the water storage right decreed to the Cooley East Pit in Case No. 91CW126 to the Hammer Pit. Thornton also seeks to change certain aspects of the decreed storage location for Hammer Pit to conform to the as-built location. Thornton will continue to operate according to all other terms and conditions in Case Nos. 91CW126 and 96CW1116. The changed rights are described as follows: a. Cooley East Pit. i. Decreed storage capacity of 4,583.9 acre-feet. All other previously decreed information and terms and conditions remain unchanged. ii. Surface Area: Approximately 115.1 acres at high water line. The current stage-capacity table is attached to the application as Exhibit B. This structure is a former gravel pit that has been lined for municipal storage. Because water storage is below grade, there is no dam height or dam length for this structure. All storage is active storage. b. Hammer Pit. i. As-Built Legal Description: located in the E1/2 SW1/4, and W1/2 SE1/4 of Section 14; and the NW1/4, NW1/4 NE1/4 and N1/2 SW1/4 of Section 23, T1S, R67W, of the 6th P.M. in Adams County, Colorado. This structure is an excavated and lined former gravel pit and therefore does not have a dam centerline. The Hammer Pit is generally located on the north or west side of the South Platte River, east of Riverdale Road and north of the E-470 toll road. See Exhibit A. ii. Decreed Storage: 2,116.1 acre-feet. iii. Surface Area: Approximately 112.4 acres at high water line. The current stage-capacity table is attached to the application as Exhibit B. Because water storage is below grade, there is no dam height or dam length for this structure. All storage is active storage. iv. All other previously decreed information and terms and conditions remain unchanged. 6. Remarks: a. Thornton may also store reusable municipal effluent or other water that Thornton owns and controls and which is lawfully available for storage in the Cooley East Pit and Hammer Pit. b. Thornton seeks a decree to divert water from the underground and surface water rights described below into the Hammer Pit and Cooley East Pit respectively, among the other uses described below. c. The structures and water rights described above are part of Thornton’s integrated municipal water system. d. No change in point of diversion is sought for the Cooley East Pit or Hammer Pit in this application. Each pit will retain its existing decreed points of diversion for the changed storage amounts requested herein. Thornton seeks confirmation that surface inflows at the as-built Hammer Pit location may be included in Thornton’s diversions under the Hammer Pit water right decreed in Case No. 91CW126. e. An application regarding diligence and absolute claims for Thornton’s water rights originally decreed in Case No. 91CW126, including the pits described in paragraph 4 above, is pending in Case No. 18CW3120 (Div. 1). Claim for Underground Water Right 7. Introduction: Thornton seeks a groundwater right for the Renslow Drain. 8. Location of Renslow Drain: SE1/4 of the SW1/4 of Section 14 and the NW1/4 of the NW1/4, the SW1/4 of the NW1/4, and the NE1/4 of the NW1/4 of Section 23, T1S, R67W, of the 6th P.M. in Adams County, Colorado. The point of delivery into the Hammer Pit is located in the SE1/4 of the SW1/4 of Section 14 referenced above, approximately 228 feet from the south section line and 1,571 feet from the west section line. 9. Source: Groundwater tributary to the South Platte River. 10. Date of appropriation: September 28, 2018. 11. How appropriation was initiated: By Thornton’s City Council Resolution C.D. No. 2018-128 and the filing of the application in this case. 12. Rate of Diversion: 320 gallons per minute, CONDITIONAL. 13. Uses: All municipal uses, both direct and after storage in Thornton’s lined gravel lakes, including but not limited to: domestic, manufacturing, industrial, commercial, mechanical, fire protection, sewage treatment, street sprinkling, watering of parks, lawns, gardens and other public spaces, irrigation, agricultural, recreation, piscatorial, wildlife preservation, lake and reservoir evaporation, and aesthetic purposes and for replacement, adjustment and regulation of Thornton’s storage and delivery systems, and those of its users, among themselves and with others. Thornton may divert, store and use the water directly, by and for exchange, augmentation, substitution, replacement or otherwise, as may be appropriate to maximize its lawful use. Thornton may reuse, successively use, dispose of, and/or otherwise apply all water to extinction. The return flows discharged or released by Thornton attributable to the exercise of this right shall have the same rights of use, reuse, successive use and disposition. The water may be placed to use within the Thornton service area as it now exists (as shown on Exhibit C to the application) or as it may exist in the future. 14. Remarks: a. The Renslow Drain diverts water into

the Hammer Pit. The depth of the drain is approximately 8 feet. Applicant will apply for a well permit for the Renslow Drain upon the earlier of entry of a decree or approval of a substitute water supply plan in this case. Thornton seeks approval of the augmentation plan described below for the operation of the underground water right described in this claim. b. With respect to the conditional claim stated above, Thornton claims the right to confirm additional amounts as absolute, without further notice or publication, based on its exercise of the subject water right from the date of appropriation up to the time of any hearing in these proceedings. c. The underground water right is part of Thornton’s integrated municipal water system. d. Thornton has a specific plan and intent to complete the conditional appropriation of the Renslow Drain water right and can and will complete it in a reasonable time. Claim for Surface Water Right – Orr Drain 15. Introduction: The Orr Drain was constructed by Aggregate Industries (“AI”) during its mining activities at the Cooley East Pit and was designed to maintain surface flows at a reference elevation on the east side of the pit. The Orr Drain collects surface water flows and delivers that water into the Cooley East Pit. Thornton seeks a water right for the Orr Drain for municipal and other purposes detailed below. The Orr Drain is currently operated by AI pursuant to its mining permit. It is anticipated that when Thornton begins operating Cooley East Pit, it will take over operation of the Orr Drain, which will then operate according to the water right and augmentation plan in this case. 16. Name of Structure: Orr Drain. 17. Legal Description of Point of Diversion: The Orr Drain diversion is located in the SE1/4 of the SW1/4 of Section 9, Township 2 South, Range 67 West, 6th P.M., in Adams County, Colorado. The drain includes multiple branches that collect water along their length and additional branches may be constructed within the south half of Section 9. The measuring device and control structure is located approximately 1,160 feet from the south section line and 2,520 feet from the west section line of Section 9. 18. Source: Surface water tributary to the South Platte River. 19. Date of Appropriation: September 28, 2018. 20. How appropriation was initiated: By Thornton’s City Council Resolution C.D. 2018-128 and the filing of the application in this case. 21. Rate of Diversion: 23 c.f.s., CONDITIONAL. 22. Uses: As stated in paragraph 13 above. 23. Remarks: a. With respect to the conditional claim stated above, Thornton claims the right to confirm additional amounts as absolute, without further notice or publication, based on its exercise of the water right from the date of appropriation up to the time of any hearing in these proceedings. b. The Orr Drain structure and water right will become part of Thornton’s integrated municipal water system. c. Thornton has a specific plan and intent to complete the conditional appropriation of the Orr Drain water right and can and will complete it in a reasonable time. Plan for Augmentation 24. Introduction. This part of the application seeks approval of a plan for augmentation that will replace the out-of-priority depletions associated with the appropriation and use of the surface and underground water rights described in paragraphs 7 through 23 above. In general, Thornton will measure alluvial water diversions from the Renslow Drain described above, and the timing, location, and amount of those depletions will be determined. When the depletions are out of priority, to prevent injury, Thornton will provide augmentation water back to the river in timing, location, and amount in a manner so that senior appropriators are not injured. Similarly, Thornton will measure surface diversions at the Orr Drain flume and when the diversions are not in priority, Thornton will provide augmentation water back to the river in timing, location, and amount in a manner so that senior appropriators are not injured. Thornton may also provide augmentation water in substitution for out-of-priority storage in the Cooley East Pit and Hammer Pit in lieu of releases from the structures. Alternatively, Thornton may elect to release water stored out of priority in Cooley East Pit and Hammer Pit, including water diverted by the Renslow Drain or Orr Drain, instead of providing augmentation water. 25. Name of Structures to be Augmented. The structures described above in paragraphs 4.c, 4.d, and 7 – 23 above. 26. Source of Water Rights to be Used for Augmentation. Thornton owns a large portfolio of water rights and has the contract right to use other sources of water. The City maintains water accounting to distinguish those sources that are available for use for augmentation, such as in this augmentation plan, and those which are not. The reusable water in Thornton’s portfolio may be used on a first use basis or following other uses. These sources of augmentation water are used under a number of the City’s decrees depending upon Thornton’s then-occurring needs and operations. Accordingly, these sources are not dedicated exclusively to this plan for

augmentation, but are available for use under this plan pursuant to the terms and conditions of any decree that may be issued in this case. The sources of water that will be used in this plan can be broken down into sources derived based on Thornton’s decrees and those it is entitled to use pursuant to contract, as follows: a. List of Water Rights: Attached to the application as Exhibit D is a list of Thornton water rights to be used for augmentation purposes pursuant to this decree. These sources generally include the consumptive use attributable to changed irrigation rights in the South Platte Basin, transmountain sources, nontributary rights, and water rights that have been originally decreed for augmentation purposes, including lawn irrigation return flows generated by the exercise of such rights in accordance with the decree in Consolidated Cases 86CW401, etc., Water Division 1. Some of the sources on the list are single use water rights denoted by footnote 2. They are decreed for augmentation purposes, but the water is not reusable. The decrees approving use of these water rights for augmentation are listed on Exhibit D, and those decrees include legal descriptions of the points of diversion and historic use information for these water rights, which information is voluminous and publicly available and not re-printed here. b. Unchanged Shares in Ditch Companies: Thornton has acquired additional shares in certain ditch companies. The underlying water right decrees for these shares are also identified on Exhibit D. Change applications for other shares have not yet been filed, and they are denoted on the list by footnote 1. After change decrees have been entered for these unchanged shares, these ditch shares will be available for use as augmentation sources herein; provided, however, that Thornton may also use these unchanged shares for augmentation purposes herein if Thornton obtains approval from the State Engineer to use the unchanged shares on a temporary basis for augmentation purposes. c. Renslow Drain and Orr Drain Water Rights: The water rights described in paragraphs 7 – 23 above. d. Contract Supplies: Thornton has available to it by agreements with other water users the following additional sources that will be used in this plan for augmentation. i. Coors. Under an agreement dated December 23, 1996, Thornton has the right to deliveries from Coors of up to 600 acre-feet of reusable water per year at a rate not to exceed 2.5 cfs. ii. Westminster. Under an agreement dated January 7, 1982, Thornton has the right to deliveries from Westminster of up to 500 acre-feet of reusable water per year at a rate not to exceed 4 cfs. iii. Public Service Company. Under an agreement dated May 13, 1994, Thornton has the right to deliveries from Public Service Company of 71 acre-feet of fully consumable water per year at a rate not to exceed 1 cfs. iv. Westminster. Under an agreement dated October 10, 1990, Thornton receives reusable water that is booked over from Westminster to Thornton in Standley Lake of variable pro rata amount of up to 375 acre-feet per year. v. Aurora. Under an agreement dated May 20, 2003, Thornton has the right to receive deliveries of reusable water from Aurora in an amount of 7,883 acre-feet per year. vi. Arvada. Under an agreement dated October 16, 2006, and amended on August 20, 2018, Thornton has the right to receive deliveries of reusable water from Arvada up to a maximum rate of 12 cfs and an annual delivery of water from the fully consumable portion of Arvada’s changed Farmers’ High Line shares. e. Additional Sources: Thornton will also use as augmentation supplies any other water rights or sources of water that Thornton then owns or controls, provided that they are decreed for augmentation purposes. These sources may include consumptive use attributable to changed irrigation water rights, trans-mountain water, developed water, or decreed nontributary groundwater provided that Thornton can make such supplies available at the locations, at the time, and in the amount necessary to prevent injury. The decree in this case will include a process for adding these additional sources with notice to objectors. 27. Statement of Plan for Augmentation. Thornton will operate the underground and surface water rights described in paragraphs 4.c, 4.d, and 7 – 23 when they are in priority. When they are out of priority and un-replaced stream depletions would cause injury, the depletions associated with each component may be replaced as outlined below. Alternatively, Thornton may release water stored out of priority in Cooley East Pit or Hammer Pit to the South Platte River to prevent out of priority stream depletions. Thornton will operate its replacement supplies according to the terms and conditions of the decrees (or any administrative approval) allowing use for augmentation, which decrees are listed on Exhibit D. a. Renslow Drain Depletions. Thornton will divert alluvial ground water from the Renslow Drain into storage in Hammer Pit and for use in its municipal system. A totalizing flow meter has been installed to measure the daily amount diverted by the drain. The resulting stream depletions will be calculated according to lagging

factors. Out-of-priority stream depletions will be replaced to the river from the augmentation sources listed in paragraph 26. Accounting will be performed on a daily basis and will be integrated with Thornton’s existing accounting forms for its gravel pits and raw water system. Thornton will make daily releases of augmentation water, at the proper time and in the appropriate amount, above the downstream calling right so as to prevent injury. The releases will be made from any of the locations listed in paragraph 27.d. b. Orr Drain Depletions. The Orr Drain flows year round into the Cooley East Pit. Thornton will measure the flows with a flume on a daily basis. Accounting will be performed on a daily basis and will be integrated with Thornton’s existing accounting forms for its gravel pits and raw water system. At times when these diversions are not in priority because of a downstream call, Thornton will make releases of augmentation water, at the proper time and in the appropriate amount, above the downstream calling right so as to prevent injury. The releases will be made from any of the locations listed in paragraph 27.d. c. Cooley East Pit and Hammer Pit Depletions. Thornton will perform a water balance and accounting for the Cooley and Hammer Pits in accordance with the terms of the decrees in Case No. 91CW126 and 96CW1116. When water is stored in either pit out of priority, Thornton may make releases of augmentation water, at the proper time and in the appropriate amount, above the downstream calling right so as to prevent injury. Thornton retains the option to release water stored out of priority in the Hammer or Cooley Pits to the South Platte River pursuant to the decree in Case No. 91CW126. d. Location of Augmentation Water Releases. Some augmentation water will be discharged from the Metro WWTP, the location of which is described in sub-paragraph i below. Depending, however, upon the derivation of source of the augmentation water, the provision of augmentation water pursuant to this augmentation plan will also be provided from any of the following locations, but in each instance above the downstream calling water right: i. Metropolitan Waste Water Reclamation District Outfall at the Robert W. Hite Treatment Facility, presently located in the SE1/4 of the SW1/4 of Section 1, T3S, R68W, 6th P.M., Adams County, Colorado. ii. The confluence of Sand Creek and the South Platte River located in the SE1/4 of the SW1/4 of Section 1, T3S, R68W, 6th P.M., Adams County, Colorado. iii. The confluence of Clear Creek and the South Platte River located in the SW1/4 of the SE1/4 of Section 36, T2S, R68W, 6th P.M., Adams County, Colorado. iv. The confluence of Big Dry Creek and the South Platte River located in the NW1/4 of the NW1/4 of Section 7, T1N, R66W, 6th P.M., Weld County, Colorado. v. At the three locations for Thornton’s taking credits for lawn irrigation return flows specified in paragraph 63.5.3 of the decree in Consolidated Cases 86CW401, etc. vi. At the locations for Thornton’s taking credits for lawn irrigation return flows specified in Case No. 08CW82. vii. Any other location that augmentation water can be released above the downstream calling water right in a manner so as to prevent injury. Thornton seeks the ability to confirm new locations of augmentation water delivery through a retained jurisdiction process. 28. Names and addresses of owners or reputed owners of land on which any new diversion or storage structure or modification to any existing diversion or storage structure is or will be located, or upon which water is or will be stored. a. Applicant, whose contact information is provided in paragraph 1 above. b. Charmayne and Roy Renslow, 14300 Riverdale Rd Brighton CO 80601-8247 c. Fulton Irrigating Ditch Company, 25 S 4th Ave Brighton CO 80601. (12 pages, 4 Exhibits) 18CW3159 City of Northglenn, 11701 Community Center Drive, Northglenn, CO 80233, Attn: Tamara Moon, (303) 450-4070. Please send all future pleadings and correspondence to Donald E. Frick, Esq., and Whitney Phillips, Esq., Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Road, Fort Collins, CO 80525. (970) 407-9000. APPLICATION FOR STORAGE WATER RIGHT AND APPROVAL OF PLAN FOR AUGMENTATION WITH CONDITIONAL RIGHTS OF EXCHANGE in ADAMS, BROOMFIELD, CLEAR CREEK, JEFFERSON AND WELD COUNTIES. 2. Overview of Application. Applicant the City of Northglenn (“Northglenn” or “Applicant”) seeks a water storage right for its Croke Reservoir, an on-channel reservoir located on Grange Hall Creek, a tributary to the South Platte River. A map showing the location of the reservoir is attached hereto as Exhibit A. Applicant also seeks approval of a plan for augmentation to replace out-of-priority storage of storm water inflows to Croke Reservoir and adjudication of appropriative rights of

exchange for such storage. 3. Absolute Water Storage Right. 3.1. Name of Structure. Croke Reservoir (previously adjudicated as Croke Reservoir No. 7), WDID 0704356. 3.2. Location. Croke Reservoir is an existing on-channel reservoir located in Northglenn, Adams County, Colorado, in the NE1/4 of the SE1/4 of Section 9 and the SE1/4 of the SE1/4 of Section 9, Township 2 South, Range 68 West of the 6th P.M. 3.3. Source. Grange Hall Creek. The source of water also includes storm water discharging directly to Croke Reservoir. 3.4. Amount Claimed. 200 acre-feet, ABSOLUTE, including the right to refill. Should this Court find that the amount claimed herein is not absolute, Northglenn reserves the right to claim the same amount as a conditional storage right. 3.5. Date of Appropriation. August 18, 1987, by acquisition of the reservoir. 3.6. Uses. Industrial, municipal, recreational, piscatorial, augmentation, substitution, and replacement. 4. Plan for Augmentation, Including Exchange. 4.1. Structures to be augmented. Croke Reservoir, previously adjudicated as Croke Reservoir No. 7 in CA60052. 4.2. Water to be Used for Augmentation. 4.2.1. Summary of Rights. Northglenn will use the following sources for the purpose of augmentation and replacement: 4.2.1.1. Farmers Reservoir and Irrigation Company–Standley Lake Division 4.2.1.1.1. 220.729 Shares, amounting to 993 acre-feet, decreed in Northglenn’s 1983 Water Management Plan Decree (Consolidated Case Nos. W-8445-76, 79CW233, 79CW234, 79CW235, 79CW236, 82CW056, and 82CW057). 4.2.1.1.2. 615.151 Shares, amounting to 2,703 acre-feet, subject of the pending application in Water Division 1 Case No. 18CW3007. 4.2.1.2. Church Ditch. (a/k/a the Golden City and Ralston Creek Ditch) 4.2.1.2.1. 415.295 Inches in the Church Ditch, decreed in the 1983 Water Management Plan Decree. 4.2.1.2.2. 906.01758 Inches in the Church Ditch, decreed in Water Division 1 Case No. 08CW141. 4.2.1.3. South Platte Shares (Decreed in the 1983 Water Management Plan Decree) 4.2.1.3.1. 143 shares in the Fulton Ditch Company 4.2.1.3.2. 3 shares in the New Branter Extension Ditch Company, 4.2.1.3.3. 7 shares in the Lupton Bottom Ditch Company 4.2.1.4. Berthoud Ditch and Tunnel, as decreed in CA-183, District Court, Grand County. 4.2.1.5. Westminster Contract Water. Northglenn has the right to use 370 acre-feet annually of fully consumable water from Westminster’s Big Dry Creek wastewater treatment plant. 4.2.1.6. Water decreed to Northglenn for storage in Standley Lake in Case No. 97CW369. 4.2.1.7. Water decreed to Northglenn for storage in Bull Canal Reservoir in Case No. 96CW1035. 4.3. Augmentation Stations. 4.3.1. Standley Lake Outlet to Big Dry Creek. Releases water from Standley Lake to Big Dry Creek in the W1/2 NW1/4 of Section 22, T2S, R69W, 6th P.M. 4.3.2. Bull Canal Reservoir No. 8 Outlet. Releases water to Big Dry Creek from Bull Canal Reservoir No. 8 in the NE1/4 NE1/4 of Section 31, T1N, R67W, 6th P.M. 4.3.3. Northglenn’s Wastewater Treatment Facility. Releases water to Big Dry Creek from Northglenn’s Wastewater Treatment Facility in the SW1/4 SE1/4 of Section 31, T1N, R67W, 6th P.M. 4.3.4. New Brantner Augmentation Station. Measures the amount of water replaced to South Platte River in the NE1/4 NE1/4, Section 28, T1N, R67W, 6th P.M. 4.3.5. Northglenn’s Fulton Augmentation Station. Measures the amount of water replaced to South Platte River in the NW1/4 of Section 16, T2S, R67W, 6th P.M. 4.3.6. Lupton Bottom Augmentation Station. Measures the amount of water replaced to South Platte River in the SE1/4 NW1/4, Section 31, T2N, R66W, 6th P.M. 4.4. Conditional Right of Exchange.4.4.1. Description of Exchanges. When the replacement water is provided below the place of diversion and storage in Croke Reservoir, the plan for augmentation will include exchanges, for which Northglenn seeks confirmation of an appropriation date of September 1, 2018, for the reaches described in the following paragraphs. 4.4.2. Exchange Reaches. 4.4.2.1. From the Lupton Bottom Ditch Augmentation Station No. 1 to Croke Reservoir (for Northglenn’s shares in the Lupton Bottom Ditch Company). 4.4.2.2. From the confluence of Big Dry Creek and the South Platte River to Croke Reservoir (for Northglenn’s sources on Big Dry Creek). 4.4.2.3. From the confluence of Grange Hall Creek and the South Platte River to Croke Reservoir (for Northglenn’s sources located upstream of said confluence on the South Platte River and Clear Creek). 4.4.3. Delivery Points for Substitute Water. Delivery of substitute water for the purpose of exchanges will be made at the augmentation stations described above in paragraph 4.3. 4.4.4. Sources of Substitute Water Supply. Northglenn will utilize the augmentation sources listed in paragraph 4.2.1 above for the operation of the exchanges. 4.4.5. Rate. The total combined rate of diversions by exchange from any of the sources will be limited to 50 cubic feet per second. 4.4.6. Comment: To the extent necessary, Northglenn seeks to add the use of storage in Croke Reservoir by exchange and the uses described in

Paragraph 3.6 to the decreed uses of the sources listed above in Paragraph 4.2.1. Owners of land on which new or modified structures are or will be constructed (other than Applicant): None. 6 pages. 18CW3160 4S Capital Colorado, LLC, Attn: Greg Schreiner, Manager, 4006 Cleveland Avenue, Wellington, CO 80549, (720)354-2740. Please send all pleadings to: Sara J.L. Irby, Esq., Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Road, Fort Collins, CO 80525, (970)407-9000. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND FOR SUPPLEMENTAL POINT OF DIVERSION, in LARIMER COUNTY. 4S Capital Colorado is the successor in interest to Delbert L. Black in Well No. 13762-F (aka Well No. 13762-FR), as evidenced by the deed dated May 1, 2018, attached hereto as Exhibit A. CONDITIONAL WATER RIGHT 2. Name of Structure. Black Well No. 13762-F, having Well Permit No. 13762-F-R dated April 16, 1991, as amended May 3, 2001. 3.0 Description of Conditional Water Right. 3.1. Date of Original Decree. Case No. W-1182, District Court, Water Division No. 1 dated May 5, 1972. Subsequently, the decree entered in Case No. 89CW141, District Court, Water Division No. 1, dated June 26, 1991 changed the point of diversion for Well No. 13762-F to the location set forth in Section 3.3 below. 3.2. Subsequent Diligence Decrees. 3.2.1. Case No. 97CW133, District Court, Water Division No. 1 entered July 9, 1999. 3.2.2. Case No. 05CW117, District Court, Water Division No. 1, entered January 4, 2006. 3.2.3. Case No. 11CW259, District Court, Water Division No. 1, entered September 17, 2012. 3.3. Legal Description: SW1/4 of the NE1/4 of Section 25, Township 10 North, Range 69 West of the 6th P.M., Larimer County, at a point 2,240 feet from the north section line and 1,820 feet from the east section line. 3.4. Source of Water. Ground water. 3.5. Date of appropriation. April 5, 1969. 3.6. Amount. 0.501 cfs (225 gpm) made ABSOLUTE in Case No. 89CW141, 0.29 cfs (130 gpm), CONDITIONAL. 3.7. Use. Irrigation of approximately 130 acres in the S1/2 of the N1/2 of Section 25, Township 10 North, Range 69 West of the 6th P.M., Larimer County. 4. Supplemental Point of Diversion. Applicant further seeks a supplemental point of diversion for Well No. 13762-F, which such supplemental well is pumped pursuant to the water right decreed for Well No. 13762-F, in Case No. W-1182, and as changed in Case No. 89CW141, as further set forth in Paragraph 3 above, and is located less than 200 feet from the decreed location of Well No. 13762-F. 4.1. Name of Structure. Well No. 055703-F, permitted on May 2, 2001. 4.2. Legal Description. SW1/4 of the NE1/4 of Section 25, Township 10 North, Range 69 West of the 6th P.M., Larimer County, at a point 2,164.94 feet from the north section line and 1,784.73 feet from the east section line, as shown on Exhibit B, attached hereto. The location of Well No. 550703-F is less than 200 feet from the decreed location of Well No. 13762-F. 4.3. Source of Water. Ground water. 4.4. Date of appropriation. April 5, 1969. 4.5. Amount. The pumping rate of Well No. 55703-F shall not exceed 355 gpm. The simultaneous maximum pumping rate of Well No. 550703-F and Well No. 13762-F shall not exceed 355 gpm. 4.6. Use. Irrigation of approximately 130 acres in the S1/2 of the N1/2 of Section 25, Township 10 North, Range 69 West of the 6th P.M., Larimer County. 5. Diligence. During this diligence period, Applicant and its predecessor in interest continued to improve the use of Well No. 13762-F and Well No. 550703-F, including replacing and improving the electrical connection to both wells. In October 2016, Applicant’s predecessor in interest also filed for and obtained a well permit to replace Well No. 13762-F (a.k.a. Well Permit 13762-FR) to improve the flow rate from the well. Such replacement well has not yet been drilled. In total, Applicant and its predecessor in interest expended approximately $2,900.00 on the operation, maintenance and repair of Well No. 13762-F and Well No. 55703-F during the diligence period. Applicant and its predecessor in interest have demonstrated continued intent and progress toward finalizing this conditional water right and have further shown that the conditional decree is being pursued in a manner that confirms that beneficial uses of the remaining 0.29 cfs (130 gpm) conditional water right can and will occur. Applicant reserves the right to amend this application in order to assert and demonstrate that during the diligence period other or additional activities have been undertaken or accomplished toward completion of the appropriation. Applicant also reserves the right to seek to make any amounts diverted and beneficially used during the pendency of this application absolute as part of this application. 6. Name and address of owner of land on which structure is located: Applicant owns the structures and the land upon which the structures are located. WHEREFORE, Applicant prays that this

Court issue its findings and determination that: A. Applicant and its predecessor in interest has exercised due and reasonable diligence during the six years following entry of the decree in Case No. 11CW259 toward completion of the appropriation and application of water decreed in Case No. W-1182, as changed in Case No. 89CW141, in the amounts set forth in Paragraph 3.6 and for the beneficial uses conditionally decreed, as set forth in Paragraph 3.7 hereof. B. Well No. 0550703-F is a supplemental point of diversion for Well No. 13762-F, as set forth in Section 4 hereof. C. Applicant further prays that this Court continues in full force and effect all such conditional water rights for an additional six-year period, and for such other relief as the Court may deem proper. 5 pages. 18CW3161 Lloyd Land, 12501 Riverdale Road, Brighton, Colorado 80601 (Telephone: 720-524-4294). Robert E. Schween, Robert E. Schween, P.C., 62489 East Border Rock Road, No. 2, Tucson, Arizona 85739. Telephone: 303-995-7870. Email: respc@q.com. APPLICATION TO AMEND DECREE FOR DETERMINATION OF CONSUMPTIVE USE OF EXISTING WATER RIGHT ADAMS COUNTY. South Platte River. 2. Overview of Application. Applicant is the owner of a water right decreed in Case No. W-221, Water Division 1, to the Great Western Sugar Company. The decree was entered on March 3, 1971. A copy of this decree is attached to this application as Exhibit A. 3. Name of Structure: Not named in the original decree. Now called the Land Family Park Intake Structure. 4. Background: A. Court Decree: Case No. W-221, Water Division 1. See Exhibit A. B. Legal Description of Structure: As described in the original decree: Beginning at the North 1/4 corner of Section 6, Township 1 South, Range 66 West of the 6th P.M., thence South 51° 51’ 34” West a distance of 2644.6 feet to a point on the Northeast edge of the South Platte River. See General Location Maps, Exhibit B, and Site Location Map, Exhibit C. C. Decreed Source of Water: The South Platte River. D. Appropriation Date: December 4, 1917. E. Amount Decreed to Structure: 12.0 cfs, ABSOLUTE. F. Decreed Use: Industrial. 5. Determination of Consumptive Use: A. The original decree stated that the decreed industrial use was non-consumptive. See Exhibit A, page 2. B. The actual industrial use made of the water by Great Western Sugar Company was in-fact partially consumptive because of crop production, landscaping, and the sugar beet manufacturing processes used: Great Western Sugar diverted water from the South Platte River by a ditch into several ponds. The company owned land adjacent to the factory and irrigated 60 to 70 acres of alfalfa in addition to 1.5 acres of lawn grass, shrubs, trees and flowers around the factory complex. The factory itself used diverted water to wash beets. The beets were then processed to create beet juice. As part of this process, water was directed into large boilers to create steam. The boilers had multiple steam valves to vent steam into the atmosphere. Some of the steam produced went into five very large tanks. Each tank had 1700 one-inch copper tubes running through the tank to carry the steam. Then beet juice was introduced into each tank to allow the steam to boil the beet juice to make it thicker. The steam was then vented at the top of each tank and released into the atmosphere. After removal of the beet juice from the beet, the remainder was a wet pulp. Steam was used to dry this beet pulp which process resulted in a valuable by-product used for livestock feed. C. A minimum of 15% of each acre-foot of water diverted was consumed in the manufacturing process.6. Name and Address of Landowner of the Land upon which the Diverted Water is Used: The above named Applicant. WHEREFORE, Applicant requests this Court to enter a decree amending the decree in Case No. W-221 finding that – (1) The original decree’s statement that the industrial use was non-consumptive was inconsistent with the actual industrial manufacturing process; and (2) There is consumption of water associated with the industrial use water right decreed in Case No. W-221, Water Division 1. Such consumptive use is determined to be 15% of the amount diverted to industrial use. FURTHER, Applicant requests this Court grant such other relief that it deems proper in this matter. 3 pages. **Note: Per Order, Division 2 will publish resume** 18CW3162 Div. 2 case number 18CW3054 CHRISTY L. MULLINS AND THOMAS R. POENITSCH, JR., P.O. Box 8202, Colorado Springs, CO 80933 (Please send all correspondence and pleadings to Ryan W. Farr of Monson, Cummins & Shohet, LLC, 13511 Northgate Estates Drive, Ste. 250, Colorado Springs, CO 80921). Application for Adjudication of Denver Basin Groundwater and for

Approval of Plan for Augmentation. EL PASO COUNTY. Applicants seek to construct up to three (3) non-exempt wells to the not-nontributary Dawson aquifer to provide water service to an equivalent number of single family dwellings thereon, based on an anticipated subdivision of Applicants’ 18.66-acre parcel into three lots. Applicants therefore seek to quantify the Denver Basin groundwater underlying the Applicants’ Property, and for approval of a plan for augmentation for the use thereof. Legal Description of Wells. Property Description. All wells will be located on Applicant’s Property, which contains approximately 18.66 acres, more or less (“Applicants’ Property”) with the plan to subdivide into three lots, consisting of two 5-acre lots and one 8.66-acre lot. As more particularly described as follows, and depicted in the attached Exhibit A map, Applicants’ Property is located in: The SE1/4 SE1/4 of Section 8, Township 12 South, Range 65 West of the 6th P.M., El Paso County, Colorado. Existing Well. There is currently a well constructed to the Dawson aquifer located in the SE1/4 SE1/4 of Section 8, Township 12 South, Range 65 West of the 6th P.M., El Paso County, Colorado, permitted under DWR Permit No. 163813-A (“Mullins Well No. 1”), adjudicated in Case No. W-2847 (Well No. 1 therein). Upon entry of a decree in this matter, Mullins Well No. 1 will be repermitted consistent with the terms and conditions of the plan for augmentation requested herein and will be located on the larger (8.66-acre) lot once the Applicants’ Property is subdivided. Proposed Additional Wells. Applicants propose that up to two additional wells (one well per lot) will be located on the Applicants’ Property at specific locations not yet determined (“Mullins Wells Nos. 2 and 3”), also to be constructed to the Dawson aquifer. Water Source. Not-Nontributary. The ground water to be withdrawn from the Dawson and Denver aquifers of the Denver Basin underlying the Applicants’ Property is not-nontributary. Pursuant to § 37-90-137(9)(c.5), C.R.S., the augmentation requirements for wells in the Dawson aquifer will require the replacement of actual stream depletions. Nontributary. The groundwater that will be withdrawn from the Arapahoe and Laramie-Fox Hills aquifers of the Denver Basin underlying the Applicants’ Property is nontributary. Estimated Rates of Withdrawal. Pumping from the wells will not exceed 100 g.p.m. The actual pumping rates for each well will vary according to aquifer conditions and well production capabilities. The Applicants request the right to withdraw ground water at rates of flow necessary to withdraw the entire decreed amounts. The actual depth of each well to be constructed within the respective aquifers will be determined by topography and actual aquifer conditions. Estimated Average Annual Amounts of Ground Water Available. Applicants request a vested right for the withdrawal of all legally available ground water in the Denver Basin aquifers underlying the Applicants’ Property. Said amounts may be withdrawn over the 300-year life of the aquifers as required by El Paso County, Colorado Land Development Code §8.4.7(C)(1) which is more stringent than the State of Colorado’s 100-year life requirement pursuant to C.R.S. §37-90-137(4). Applicants estimate that the following values and average annual amounts are representative of the Denver Basin aquifers underlying Applicants’ Property:

Decreed amounts may vary based upon the State’s Determination of Facts. Pursuant to C.R.S. §37-92-305(11), the Applicants further request that the Court retain jurisdiction to finally determine the amount

Table 1: Groundwater Quantification

Elevation 7460 Acres

18.66 SE 1/4 SE 1/4 Sec 8 T12S R65W

Denver Basin Aquifer

Elevation (ft amsl)

Net Sand Depth (feet) Total

100 Years

300 Years

Bottom Top (ft) Bottom Top (AF) (AF) (AF)

Dawson (NNT) 6645 6813 350 815 135 1306 13.1 4.4 - -

Denver (NNT) 5718 6638 370 1742 823 1174 11.7 Arapahoe (NT) 5162 5652 255 2298 180

8 809 8.1

Laramie Fox Hills (NT) 4596

4925 200 2864

2535 560 5.6

-

of water available for appropriation and withdrawal from each aquifer. Requested Uses. The Applicants request the right to use the ground water for beneficial uses upon the Applicants’ Property consisting of domestic, commercial, irrigation, stock water, recreation, wildlife, wetlands, fire protection, and also for storage and augmentation purposes associated with such uses. The Applicants also request that the nontributary water may be used, reused, and successively used to extinction, both on and off the Applicants’ Property subject, however, to the requirement of C.R.S.§37-90-137(9)(b), that no more than 98% of the amount withdrawn annually shall be consumed. Applicants may use such water by immediate application or by storage and subsequent application to the beneficial uses and purposes stated herein. Provided, however, Applicants shall only be entitled to construct a well or use water from the not-nontributary Dawson aquifer pursuant to a decreed augmentation plan entered by this Court, covering the out-of-priority stream depletions caused by the use of such not-nontributary aquifers in accordance with § 37-90-137(9)(c.5), C.R.S. Well Fields. Applicants request that they be permitted to produce the full legal entitlement from the Denver Basin aquifers underlying Applicants’ Property through any combination of wells. Applicants request that these wells be treated as a well field. Averaging of Withdrawals. Applicants request that they be entitled to withdraw an amount of ground water in excess of the average annual amount decreed to the aquifers beneath the Applicants’ Property, so long as the sum of the total withdrawals from all the wells in the aquifers does not exceed the product of the number of years since the date of issuance of the original well permit or the date of entry of a decree herein, whichever comes first, multiplied by the average annual volume of water which the Applicants are entitled to withdraw from the aquifers underlying the Applicants’ Property. Owner of Land Upon Which Wells are to Be Located. The land upon which the wells are and will be located is owned by the Applicants. Structures to be Augmented. The structures to be augmented are Mullins Wells Nos. 1 through 3, along with any replacement or additional wells associated therewith, as likewise may be constructed to the Dawson aquifer of the Denver Basin underlying the Applicants’ Property as requested and described herein. Water Rights to be Used for Augmentation. The water rights to be used for augmentation during pumping are the return flows resulting from the pumping of the not-nontributary Dawson aquifer from Mullins Wells Nos. 1 through 3, together with water rights from the nontributary Arapahoe and Laramie-Fox Hills aquifers for any injurious post pumping depletions. Statement of Plan for Augmentation. Applicants wish to provide for the augmentation of stream depletions caused by pumping of the not-nontributary Dawson aquifer by three wells proposed herein for three residential lots. Potential water use criteria and their consumptive use component for replacement of actual depletions for the lots are estimated as follows: Uses. Household Use Only: 0.26 acre feet annually within single family dwellings on up to three lots, with a maximum of ten percent consumptive use based on a nonevaporative septic leach field disposal systems. The annual consumptive use for each lot would therefore be 0.026 acre feet per well, with return flows of 0.234 acre feet per lot. Any other type of wastewater disposal shall require an amendment to this plan of augmentation. Landscape Irrigation: 0.05 acre feet annually per 1,000 square feet (2.18 acre feet per acre) per year, with an 85% assumed consumptive use rate. The annual consumptive use for each 1,000 square feet of lawn and garden irrigated is therefore 0.042 acre feet. Other Uses: Other uses would be considered 100 percent consumptive. Each well will pump a maximum of 1.0 acre feet of water per year per residence for a maximum total of 3.0 acre feet being withdrawn from the Dawson aquifer per year. Such use shall be a combination of household use, irrigation of lawn and garden, and the watering of horses or equivalent livestock, and other uses. Depletions. Applicants’ consultant has determined that maximum stream depletions over the 300 year pumping period for the Dawson aquifer amounts to approximately twenty-three (23) percent of pumping. Maximum annual depletions for total residential pumping from all wells is therefore 0.69 acre feet in year 300. Should Applicants’ pumping be less than the 1.0 acre feet per lot described herein, resulting depletions and required replacements will be correspondingly reduced. Augmentation of Depletions During Pumping. Pursuant to C.R.S. §37-90-137(9)(c.5), Applicants are required to replace actual stream depletions attributable to pumping of the three residential wells. Applicants’ consultant have determined that depletions during pumping will be effectively replaced by residential return flows from non-evaporative septic systems. The annual consumptive use for non-evaporative septic systems is ten (10) percent per

year per residence. At a household use rate of 0.26 acre-feet per residence per year, total of 0.78 acre-feet, 0.69 acre-feet is replaced to the stream system per year, utilizing non-evaporative septic systems. Thus, during pumping, stream depletions will be adequately augmented. Augmentation for Post Pumping Depletions. For the replacement of any injurious post-pumping depletions which may be associated with the use of the Mullins Well Nos. 1 through 3, Applicants will reserve up to 797 total acre-feet of water from the nontributary Arapahoe and Laramie Fox Hills aquifers representing the entirety of the Laramie-Fox Hills aquifer less two (2) percent not to be consumed by statute (549 acre-feet) plus 248 acre-feet of water from the Arapahoe aquifer, which is less the amount of actual stream depletions replaced during the plan pumping period, calculated at 102.8 acre-feet. Applicants also reserve the right to substitute other legally available augmentation sources for such post pumping depletions upon further approval of the Court under its retained jurisdiction. Even though this reservation is made, under the Court’s retained jurisdiction, Applicants reserve the right in the future to prove that post pumping depletions will be noninjurious. The reserved nontributary Arapahoe and Laramie-Fox Hills groundwater will be used to replace any injurious post-pumping depletions. Upon entry of a decree in this case, the Applicants will be entitled to apply for and receive a new well permit for the Mullins Well Nos. 1 through 3 for the uses in accordance with this Application and otherwise in compliance with C.R.S. §37-90-137. This Application was filed in both Water Divisions 1 and 2 because depletions from the pumping of the Dawson aquifer may occur in both the South Platte and the Arkansas River systems. The return flows set forth herein will accrue to tributaries of the Arkansas River system where the majority of such depletions will occur, and it is Applicants’ intent to consolidate the instant matter with pending Division 2 application in Water Division 2 upon completion of publication. Applicants request that the total amount of depletions to both the South Platte River and the Arkansas River systems be replaced to the Arkansas River as set forth herein, and for a finding that those replacements are sufficient. Applicants request a finding that they have complied with C.R.S. §37-90-137(4), and that the ground water requested herein is legally available for withdrawal by the requested not-nontributary wells upon the entry of a decree approving an augmentation plan pursuant to C.R.S. §37-90-137(9)(c.5). The term of this augmentation plan is for 300 years, however the length of the plan for a particular well may be extended beyond such time provided the total plan pumping allocated thereto is not exceeded. Post pumping stream depletions accrue to a particular well or wells only to the extent related to that well’s actual pumping. Court will retain jurisdiction over this matter to provide for the adjustment of the annual amount of ground water withdrawals to be allowed in order to conform to actual local aquifer characteristics from adequate information obtained from well drilling or test holes. The Applicants request a finding that vested water rights of others will not be materially injured by the withdrawals of ground water and the proposed plan for augmentation. The wells shall be installed and metered as reasonably required by the State Engineer. Each well must be equipped with a totalizing flow meter and Applicants shall submit diversion records to the Division Engineer on an annual basis or as otherwise requested by the Division Engineer. The Applicants shall also provide accountings to the Division Engineer and Water Commissioner as required by them to demonstrate compliance under this plan of augmentation. The Applicants intend to waive the 600 feet well spacing requirement for any wells to be located upon the Applicants’ Property. Applicants will comply with any lienholder notice provisions set forth in C.R.S. §37-92-302(2)(b) and §37-90-137(4)(b.5)(I), and such notice will be sent within 14 days of the filing of this application. Application consists of eight pages. 18CW3163 MAGNESS LAND HOLDINGS, LLC AND BEDDO LLC P.O. Box 190, Platteville, Colorado 80651; telephone: (970) 785-6170. Please direct all pleadings and correspondence to Applicants’ counsel: William H. Caile, Kylie J. Crandall, Tarn Udall, Holland & Hart LLP, 555 17th Street Suite 3200, PO Box 8749, Denver CO 80201-8749; telephone: (303) 395-8000. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN WELD COUNTY. Background Information: A. Applicants seek a finding of reasonable diligence in the development of conditional water rights originally decreed in Case No. 02CW182, Water Division 1, for diversion and storage of water for recharge, augmentation, and exchange purposes, as well as wildlife habitat, fish and game, piscatorial,

irrigation, stock watering, and recreational purposes. The conditional water rights for diversion of water through the Meadow Island Ditch No. 2 and the Beeman Ditch will be used for the purpose of recharging water into the alluvial aquifer through seepage from the ditch segments and for storing water in various specified water storage facilities. The conditional water storage rights for the Sunata Recharge Pond No. 1, Sunata Reservoir No. 1, Waddle Reservoir No. 1, Waddle Reservoir No. 2, Lorenz Reservoir No. 1, Funk Reservoir No. 1, Beddo Reservoir No. 1 and Beddo Reservoir No. 2 will be used to store water for the purposes identified above. The recharge pond and reservoirs will be filled with water transported through the Meadow Island Ditch No. 2 and the Beeman Ditch, or from the alluvial wells identified below. Water stored in the recharge pond and reservoirs will be used, among other things, to recharge the South Platte River alluvial aquifer and for augmentation of out of priority depletions associated with pumping of wells owned by Applicants. Water may also be directly released from the reservoirs for augmentation of out of priority depletions associated with pumping of wells owned by Applicants. B. Applicants do not seek approval of an augmentation plan through this application. Water diverted and stored pursuant to the subject water rights shall be used for augmentation, recharge, or exchange purposes only pursuant to a decreed plan for augmentation, a decreed recharge plan that quantifies the amount, timing, and location of recharge accretions, an approved substitute water supply plan, or a decreed appropriative right of exchange. 3. Name of Structures: A. Meadow Island Ditch No. 2. B. Beeman Ditch. C. Sunata Recharge Pond No. 1. D. Sunata Reservoir No. 1. E. Waddle Reservoir No. 1. F. Waddle Reservoir No. 2. G. Lorenz Reservoir No. 1. H. Funk Reservoir No. 1. I. Beddo Reservoir No. 1. J. Beddo Reservoir No. 2. K. Lorenz Well No. 2. L. Hansen Well No. 3. M. Funk Well No. 1. The general locations of the subject water rights are shown on the location map on file with the Water Court as Exhibit A. 4. Information from Previous Decrees: A. Date of Original Decree: September 22, 2004, Case No 02CW182, Water Division No. 1. B. Subsequent Decree awarding diligence: September 18, 2012, in Case No. 10CW248, Water Division 1. 5. Description of Conditional Water Rights: A. Meadow Island Ditch No. 2: (a) Legal Description: The point of diversion is located on the west bank of the South Platte River at a point located in the SE1/4 of the NW1/4 of Section 1, Township 2 North, Range 67 West, 6th P.M., in Weld County, Colorado, at a point 1900 feet from the West Section Line and 1700 feet from the North Section Line. (b) Source: South Platte River. (c) Appropriation date: September 20, 2000. (d) Amount: 40 cfs, conditional. (e) Uses: Recharge of alluvial aquifer from seepage from ditch segments, storage in Sunata Recharge Pond No. 1, Sunata Reservoir No. 1, Waddle Reservoir Nos. 1 and 2, Beddo Reservoirs Nos. 1 and 2 for augmentation and exchange, wildlife habitat, fish and game purposes, piscatorial, irrigation, stock watering, and recreational purposes. B. Beeman Ditch: (a) Legal Description: The point of diversion is located on the west bank of the South Platte River at a point located in the SE1/4 of the NW1/4 of Section 1, Township 2 North, Range 67 West, 6th P.M., in Weld County, Colorado, at a point 1900 feet from the West Section Line and 1700 feet from the North Section Line. The Beeman Ditch shares a common river diversion point with the Meadow Island Ditch No. 2. (b) Source: South Platte River. (c) Appropriation date: September 20, 2000. (d) Amount: 50 cfs, conditional. (e) Uses: Diversion for recharge from ditch segments, storage in Sunata Reservoir No. 1, Waddle Reservoir Nos. 1 and 2 for augmentation and exchange, wildlife habitat, fish and game purposes, piscatorial, irrigation, stock watering, and recreational purposes. C. Sunata Recharge Pond No. 1: (a) Legal Description: Located in the E1/2, SE1/4 and the E1/2, NE1/4 of Section 26, Township 3 North, Range 67 West, 6th P.M., in Weld County, Colorado. Sunata Recharge Pond No. 1 is a combined facility with Sunata Reservoir No. 1. The portion of this facility that is unlined will constitute Sunata Recharge Pond No. 1. (b) Source: Seepage, return flows from upland irrigated areas, and deliveries from the South Platte River through the Beeman Ditch or the Meadow Island Ditch No. 2. (c) Appropriation Date: September 20, 2000. (d) Amount: 400 acre-feet, conditional. (e) Uses: Storage for recharge purposes, augmentation, and exchange, wildlife habitat, fish and game purposes, piscatorial, irrigation, stock watering, and recreational purposes. (f) Surface Area of High Water Line and Total Capacity of Recharge Ponds and Storage Facilities: (i)Maximum height of dam in feet: 6 feet. (ii) Length of dam in feet: 650 feet. (iii) Surface area: 120 acres. (iv) Capacity: 400 acre-feet, all active capacity. D. Sunata Reservoir No. 1: (a) Legal Description: Located in the E1/2, SE1/4 and the E1/2, NE1/4 of Section 26, Township 3 North, Range 67

West, 6th P.M., in Weld County, Colorado. Sunata Reservoir No. 1 is a combined facility with Sunata Recharge Pond No. 1. This reservoir will consist of lined and unlined portions. The portion of this facility that is unlined will constitute Sunata Recharge Pond No. 1. (b) Source: Seepage, return flows from upland irrigated areas, and deliveries from the South Platte River through the Beeman Ditch or the Meadow Island Ditch No. 2. (c) Appropriation Date: September 20, 2000. (d) Amount: 250 acre-feet, conditional. (e) Uses: Storage for recharge purposes, augmentation and exchange, wildlife habitat, fish and game purposes, piscatorial, irrigation, stock watering, and recreational purposes. (f) Surface Area of High Water Line and Total Capacity of Recharge Ponds and Storage Facilities: (i) Maximum height of dam in feet: 6 feet. (ii) Length of dam in feet: 600 feet. (iii) Surface area: 120 acres. (iv) Capacity: 250 acre-feet, all active capacity. E. Waddle Reservoir No. 1: (a) Legal Description: Located in the SE1/4 of the NW1/4 of Section 24, Township 3 North, Range 67 West, 6th P.M., in Weld County, Colorado. (b) Source: Seepage, return flows from upland irrigated areas, and deliveries from the South Platte River through the Meadow Island Ditch No. 2. (c) Appropriation Date: September 20, 2000. (d) Amount: 5 acre-feet, conditional. (e) Uses: Storage for recharge purposes, augmentation and exchange, wildlife habitat, fish and game purposes, piscatorial, irrigation, stock watering, and recreational purposes. (f) Surface Area of High Water Line and Total Capacity of Recharge Ponds and Storage Facilities: (i) Maximum height of dam in feet: N/A. (ii) Length of dam in feet: N/A. (iii) Surface area: 1 acre. (iv) Capacity: 5 acre-feet, all active capacity. F. Waddle Reservoir No. 2: (a) Legal Description: Located in the N1/2 of the NW1/4 of Section 24, Township 3 North, Range 67 West of the 6th P.M., in Weld County, Colorado. (b) Source: Seepage, return flows from upland irrigated areas, and deliveries from the South Platte River through the Meadow Island Ditch No. 2. (c) Appropriation Date: September 20, 2000. (d) Amount: 25 acre-feet, conditional. (e) Uses: Storage for recharge purposes, wildlife habitat, fish and game purposes, piscatorial, stock watering, and recreational purposes. (f) Surface Area of High Water Line and Total Capacity of Recharge Ponds and Storage Facilities: (i) Maximum height of dam in feet: N/A. (ii) Length of dam in feet: N/A. (iii) Surface area: 5 acres. (iv) Capacity: 25 acre-feet, all active capacity. G. Lorenz Reservoir No. 1: (a) Legal Description: Located in the SW1/4 of the SW1/4 Section 30, Township 3 North, Range 66 West, 6th P.M., in Weld County, Colorado. (b) Source: Seepage, return flows from upland irrigated areas, ground water tributary to the South Platte River diverted from the Lorenz Well No. 2 or the Hansen Well No. 3. (c) Appropriation Date: September 20, 2000. (d) Amount: 250 acre-feet, conditional. (e) Uses: Storage for recharge purposes, augmentation and exchange, wildlife habitat, fish and game purposes, piscatorial, irrigation, stock watering, and recreational purposes. (f) Surface Area of High Water Line and Total Capacity of Recharge Ponds and Storage Facilities: (i) Maximum height of dam in feet: N/A. (ii) Length of dam in feet: N/A. (iii) Surface area: 40 acres. (iv) Capacity: 250 acre-feet, all active capacity. Anticipated to be excavated below land surface. H. Funk Reservoir No. 1: (a) Legal Description: Located in the NW1/4 of the NE1/4 of Section 1, Township 2 North, Range 67 West, 6th P.M., in Weld County, Colorado. (b) Source: Seepage, return flows from upland irrigated areas, ground water tributary to the South Platte River diverted from Funk Well No. 1. (c) Appropriation Date: September 20, 2000. (d) Amount: 200 acre-feet, conditional. (e) Uses: Storage for recharge purposes, augmentation and exchange, wildlife habitat, fish and game purposes, piscatorial, irrigation, stock watering, and recreational purposes. (f) Surface Area of High Water Line and Total Capacity of Recharge Ponds and Storage Facilities: (i) Maximum height of dam in feet: N/A. (ii) Length of dam in feet: N/A. (iii) Surface area: 20 acres. (iv) Capacity: 200 acre-feet, all active capacity. Anticipated to be excavated below land surface. I. Beddo Reservoir No. 1: (a) Legal Description: Located in the SW1/4 of the NE1/4 of Section 25, Township 3 North, Range 67 West, 6th P.M., in Weld County, Colorado. (b) Source: Seepage, return flows from upland irrigated areas, and deliveries from the South Platte River through the Meadow Island Ditch No. 2. (c) Appropriation Date: September 20, 2000. (d) Amount: 5 acre-feet, conditional. (e) Uses: Storage for recharge purposes, augmentation and exchange, wildlife habitat, fish and game purposes, piscatorial, irrigation, stock watering, and recreational purposes. (f) Surface Area of High Water Line and Total Capacity of Recharge Ponds and Storage Facilities: (i) Maximum height of dam in feet: N/A. (ii) Length of dam in feet: N/A. (iii) Surface area: 1 acre. (iv) Capacity: 5 acre-feet, all active capacity. J. Beddo Reservoir No. 2: (a)

Legal Description: Located in the NW1/4 of the NE1/4 and the SW1/4 of the NE1/4 of Section 25, Township 3 North, Range 67 West, 6th P.M., in Weld County, Colorado. (b) Source: Seepage, return flows from upland irrigated areas, and deliveries from the South Platte River through the Meadow Island Ditch No. 2. (c) Appropriation Date: September 20, 2000. (d) Amount: 25 acre-feet, conditional. (e) Uses: Storage for recharge purposes, augmentation and exchange, wildlife habitat, fish and game purposes, piscatorial, irrigation, stock watering, and recreational purposes. (f) Surface Area of High Water Line and Total Capacity of Recharge Ponds and Storage Facilities: (i) Maximum height of dam in feet: N/A. (ii) Length of dam in feet: N/A. (iii) Surface area: 5 acres. (iv) Capacity: 25 acre-feet, all active capacity. K. Lorenz Well No. 2: (a) Legal Description: Located in the SE1/4 of the SE1/4 Section 25, Township 3 North, Range 67 West, 6th P.M. (600 feet north and 350 feet west from the SE corner of Section 25). (b) Source: Ground water tributary to the South Platte River. (c) Appropriation date: September 20, 2000. (d) Amount: 2.5 cfs, conditional. (e) Uses: Storage in Lorenz Reservoir No. 1 for recharge purposes, augmentation and exchange, wildlife habitat, fish and game purposes, piscatorial, irrigation, stock watering, and recreational purposes. Lorenz Well No. 2 is an existing well identified by Well Permit No. R-14192. L. Hansen Well No. 3: (a) Legal Description: Located in the SE1/4 of the SE1/4 of Section 25, Township 3 North, Range 67 West, 6th P.M. (380 feet north and 20 feet west of the SE Corner of Section 25). (b) Source: Ground water tributary to the South Platte River. (c) Appropriation date: September 20, 2000. (d) Amount: 2.5 cfs, conditional. (e) Uses: Storage in Lorenz Reservoir No. 1 for recharge purposes, augmentation and exchange, wildlife habitat, fish and game purposes, piscatorial, irrigation, stock watering, and recreational purposes. Hansen Well No. 3 is an existing well identified by Well Permit No. 8953. M. Funk Well No. 1: (a) Legal Description: Located in the NW1/4 of the NE1/4 of Section 1, Township 2 North, Range 67 West, 6th P.M. (750 feet south and 2600 feet east from the NW corner of Section 1). (b) Source: Ground water tributary to the South Platte River. (c) Appropriation date: September 20, 2000. (d) Amount: 2.5 cfs, conditional. (e) Uses: Storage in Funk Reservoir No. 1 for recharge purposes, augmentation and exchange, wildlife habitat, fish and game purposes, piscatorial, irrigation, stock watering, and recreational purposes. Funk Well No. 1 is a proposed well and will be used to withdraw ground water tributary to the South Platte River. 6. Uses: A. The water diverted, placed in recharge facilities, and stored under the subject conditional water rights will be used for augmentation, recharge, exchange, wildlife habitat, fish and game, piscatorial, irrigation, stock watering, and recreational purposes. Water diverted and and/or stored for recharge purposes will be allowed to percolate into the underground aquifer and flow towards the South Platte River for the purpose of developing accretions to offset out of priority well depletions caused by pumping of wells owned by Applicants. Water Diverted and stored pursuant to the subject water rights shall be used for augmentation, recharge, or exchange purposes only pursuant to a decreed plan for augmentation, recharge project, or exchange plan that quantifies the amount, timing and location of recharge accretions, an approved substitute water supply plan pursuant to C.R.S. § 37-92-308(4), or a decreed appropriative right of exchange. B. The water stored in priority in each identified storage facility may be used and reused to extinction. No such reuse and successive use will occur unless and until Applicants have received Water Court approval of the quantity of water available for reuse and successive use as part of a plan for augmentation, a decreed recharge plan, an approved substitute water supply plan pursuant to C.R.S. § 37-92-308(4), or a decreed appropriative right of exchange. 7. Place of use: All use of water diverted or stored under the subject water rights shall be restricted to the lands and properties owned by Applicants. The legal description of these lands and properties is on file with the Water Court as Exhibit B. Of those lands, approximately 1,012 acres may be irrigated by the conditional water rights requested herein. Use for wildlife, fish and game, piscatorial, and recreational purposes will take place at or surrounding the various water diversion and storage facilities described herein. Use for augmentation, exchange, and/or recharge shall be for the purpose of replacing out of priority depletions associated with pumping of the wells owned by Applicants on the lands described in Exhibit B. 8. Additional terms and conditions regarding development of conditional water rights: All other terms and conditions regarding the development and use of the subject conditional water rights pursuant to the decrees in Case Nos. 02CW182 and 10CW248 are incorporated herein and will be included in any final decree entered upon

this Application. 9. Detailed outline of work performed towards completion of the appropriations and application of water to beneficial uses: A. Applicants own and operate irrigation wells on the lands to be served by the subject conditional water rights. Applicants are also shareholders in the Meadow Island Ditch Company No. 2 and the Beeman Irrigating Ditch & Milling Company (“Beeman Ditch Company”). Pursuant to their share ownership, Applicants have received and used water, paid assessments, participated in shareholder meetings, and otherwise maintained their standing as shareholders in the Meadow Island Ditch Company No. 2 and the Beeman Ditch Company. Applicants’ standing and participation as shareholders in these companies is important to and in furtherance of their ability to develop the subject conditional water rights. B. Following historic flooding in 2013, Applicants participated in extensive repairs and rebuilding of the combined headgate and diversion works for the Beeman Ditch and the Meadow Island Ditch No. 2, including the funding, design and installation of significant upgrades to the measurement and recording capabilities of these structures. C. In 2013, Applicants surveyed existing and proposed reservoir structures and sites, and have installed and maintained measurement devices on Waddle Reservoir Nos 1 and 2, Lorenz Reservoir No. 1, Funk Reservoir No. 1, and Beddo Reservoir Nos. 1 and 2. D. Applicants rebuilt the motor on the Funk Well No. 1, and repaired wiring to the Lorenz Well No. 2, and have performed routine maintenance on the Lorenz Well No. 2, Hansen Well No. 3 and Funk Well No. 1. E. Applicants have participated, through their share ownership in the member ditch companies, in negotiations to amend the 1940 Agreement between Denver Water and the Consolidated Ditches of Water District 2 involving the use and reuse of imported and native water supplies in the South Platte River Basin. F. Applicants have engaged the services of consultants and legal counsel in connection with the work above. Magness has monitored the monthly resumes of Water Court filings in Water Division 1, and Magness has filed statements of opposition and participated in numerous cases in order to protect its water rights, including the subject water rights. Cases in which Magness has participated as a party during the diligence period include Case Nos. 09CW91, 11CW122, 12CW90, 13CW3153, 14CW3007, 14CW3128, and 16CW3058. G. The list of activities herein is not intended to be exhaustive, and Applicants reserve the right to supplement the Application with additional evidence of reasonable diligence as appropriate. H. Total expenditures during the diligence period are difficult to calculate, but are conservatively estimated to be in excess of $250,000. 10. Owners of land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be located or upon which water is or will be stored: A. Meadow Island Ditch Company No. 2, P.O. Box 190, Platteville, Colorado 80651. B. Beeman Irrigating Ditch & Milling Company 1800 Larimer Street, Suite 1100, Denver, CO 80202. C. Applicants (see paragraph 1 above).

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 NOVEMBER 2018 (forms available on www.courts.state.co.us or in the Clerk’s office) and must be filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.