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

18CW10 DOUGLAS AND RHONDA ADAMS, 9855 W. Wesley Ave., Lakewood, CO 80227. 303-888-4008. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 3-31-04 in case 96CW1112, WD1; Subsequent decree: 2-28-12 in case 10CW112, WD1. Adams Well located SE1/4, SW1/4, S36, T7S, R76W of the 6th PM. Filing 2; Lot 172, Michigan Hill subdivision. Source: Groundwater. Appropriation date: 5-31-79. Amount: .033 cfs (15gpm) Conditional. Use: Household. 18CW11 JERRY J AND LINDA FRANCIS, 1650 S. Ulm St., Watkins, CO 80137. 303-364-7330. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS UNDERLYING APPLICANT’S PROPERTY IN ARAPAHOE COUNTY. Applicant seeks to adjudicate the well, permit 198104, and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a 40 acre tract of land lying in the NW1/4, SE1/4, S21, T4S, R64W of the 6th PM, including the Dawson, Denver, Arapahoe and Laramie Fox Hills aquifers. 18CW12 DON AND LESLEY HURD, 3941 S. Benton Way, Denver, CO 80235. 303-718-7161. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 3-8-04 in case 96CW640 WD1; subsequent decree: 6-5-12 in case 10CW88 WD1. Hurd Well located SW1/4, SW1/4, S1, T8S, R76W of the 6th PM; Lot 17; Filing 1; Michigan Hill Subdivision. Source: Groundwater. Appropriation date: 05-31-79. Amount: 15 gpm, Conditional. Use: Household use only inside a single family dwelling not including irrigation. 18CW13 JAY AND LISA KEITH, 3020 S. Ulm St., Watkins, CO 80137. 303-902-4298. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS UNDERLYING APPLICANT’S PROPERTY IN ARAPAHOE COUNTY. Applicant seeks to adjudicate the well, permit 195189, and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a 40 acre tract of land lying in the SW1/4, NE1/4, S33, T4S, R64W of the 6th PM, including the Dawson, Denver, Arapahoe and Laramie Fox Hills aquifers. 18CW14 DAVID AND JONNA OLSON, 1150 S. Russellville Rd., Franktown, CO 80116. 303-688-9174. APPLICATION FOR SIMPLE CHANGE IN SURFACE POINT OF DIVERSION PURSUANT TO §37-92-305(3.5).C.R.S IN DOUGLAS COUNTY. Olson Pumping Plant located NW1/4, NW1/4, S20, T8S, R65W, 6th PM. Original decree: 8-29-87 case 86CW128 WD1. Source: Russellville Gulch trib to Cherry Creek. Appropriation date: 3-1-86. Amount: 0.3 cfs Absolute. Use: Irrigate hay pasture. Point of Diversion is now located on Lot 1A. Applicant seeks to move POD approx. 186 ft. to a point on Lot 2A, also owned by applicant. There are no intervening water rights and no points of inflow in this reach. There will be no change in amount or place of use. 18CW3089 Lower Poudre Augmentation Company, New Cache La Poudre Irrigating Company and the Cache La Poudre Reservoir Company, 33040 Railroad Avenue, P.O. Box 104, Lucerne, CO 80646, (970) 352-0222. Please forward all pleadings and correspondence to Daniel K. Brown, Esq., Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Road, Fort Collins, CO 80525, (970) 407-9000. APPLICATION TO AMEND MEMBER WELLS IN CONSOLIDATED CASES 2004CW25/2006CW295 IN LARIMER AND WELD COUNTIES. 2. Augmentation Plan: Applicant

operates a plan for augmentation (“LPAC Plan”) decreed in Consolidated Case Nos. 2004CW25/2006CW295, Water Division No. 1, entered in this case on January 21, 2014 (“LPAC Decree”). Paragraph 24.1.1 of the LPAC Decree allows for the addition of Member Wells. 3. Wells to be added to the LPAC Decree: The structures that are augmented in the LPAC Plan are listed on Exhibit C to the LPAC Decree. The following wells to be added were previously part of the LPAC Plan (see Exhibit D to the LPAC Decree) and Applicants propose to add these wells (“new wells”) back into the LPAC Decree as structures to be augmented.

LPAC No.

Owner Twn Range Section 1/4/ 1/4

1/4 Case No. Permit W(ft) X(Ft) T(gpd/ft) Sy

W183 6L, LLC 05N 64W 2 NE SE W-822 3-6823 19648 601 176012 0.2

W184 6L, LLC 05N 64W 2 SE NE 01CW169 59773-F 11309 126 187204 0.2

The new wells will be operated and used, and all out-of-priority depletions replaced, including past depletions, in accordance with the terms and conditions of the LPAC Decree. No decreed priorities are sought, nor are any changes of water rights decreed for the wells sought by this application. 4. Names and Addresses of Owners of the Structures: a.Well Nos. 3-6823 and 59773-F, also known as Meyer Well No. 4, (LPAC Well Nos. W183 and W184) are owned by 6L LLC, 33091 Weld County Road 61 ½, Gill, Colorado 80624. 5. Names and Addresses of Land Owners: a. 6L LLC, 33091 Weld County Road 61 ½, Gill, Colorado 80624. 3 pages 18CW3090 CITY OF WESTMINSTER, 4800 West 92nd Avenue, Westminster, CO 80031. Telephone: (303) 658-2400. APPLICATION FOR CHANGE OF WATER RIGHT IN ADAMS, BROOMFIELD, JEFFERSON, AND WELD COUNTIES, COLORADO. All correspondence and pleadings should be sent to Lee H. Johnson, Mason H. Brown, Katrina B. Fiscella, Carlson, Hammond & Paddock, L.L.C., 1900 Grant Street, Suite 1200, Denver, CO 80203-4539. 2. Decreed water right for which change is sought: 128.06 shares of the Farmers Reservoir and Irrigation Company, Standley Lake Division (the “Subject Water Rights”). A. Name of Structures: Standley Lake, Kinnear Reservoir, Croke Canal, Kinnear Ditch, Church Ditch and the structures associated with the alternate points of diversion and storage as set forth in the decree in Case No. 88CW268. B. Date of original decree: The original decretal information for the Subject Water Rights is as follows:

STORAGE RIGHTS Date

Entered Case No.

Court Amount (in a.f.)

Appropriation Date

Subject Water Rights

pro rata (in

a.f.)

Name Source

5/13/1936 60052* Denver 32,361 3/4/1902 1746.76

Standley Lake

Clear, Ralston

& Leyden Creeks

12/19/1900 1330 & 3994

Boulder 940.37 9/1/1869 50.76 Standley Reservoir

Coal Creek

5/22/1908 40750 Denver 940.37 9/1/1869 50.76 Kinnear Reservoir

Woman Creek

8/2/1918 54658 Denver 940.37 9/1/1869 50.76 Kinnear Reservoir

Woman Creek

6/21/1926 6672 Boulder 49,486.6 3/4/1902 2671.18

Kinnear Reservoir

Coal Creek

9/28/1953 12111 Denver 1,000 12/31/1929 53.98 Kinnear Reservoir

Coal Creek

5/13/1936 60052** Denver 16,699 3/4/1902 901.37 Standley Lake

Clear, Ralston

& Leyden Creeks

DIRECT FLOW RIGHTS Date

Entered Case No.

Court Amount (cfs)

Appropriation Date

Subject Shares

pro rata (in

cfs)

Name Source

5/13/1936 60052 Denver 944 3/4/1902 50.95 Croke Canal

Clear, Ralston

& Leyden Creeks

8/2/1918 54658 Denver 40.47 9/1/1869 2.18 Kinnear Ditch

Woman Creek

6/2/1882 1330 Boulder 26.47 5/20/1872 1.43 Kinnear Ditch

Coal Creek

6/21/1926 6672 Boulder 781 3/4/1902 42.59 Kinnear Ditch

Coal Creek

Notes: * To be filled via Croke Canal - 944 cfs, Church Ditch - 211 cfs, from Clear Creek and 185 cfs from Ralston Creek. ** Conditional right. The FRICO Standley Lake Division water rights were the subject of the Clear Creek Water Quality Settlement Agreement (a.k.a. the so-called “Cosmic Agreement”), dated May 23, 1988, and the resulting decree in Case No. 88CW268, Water Division No. 1, entered on July 20, 1990, authorizing alternate places of storage and exchange of the storage rights decreed in Case No. CA 60052. C. Legal description of structures: 1. Croke Canal. The original decreed points of diversion for the Croke Canal include the following: On the north bank of Clear Creek in the NW1/4 NE1/4 of Section 26, Township 3 South, Range 70 West, 6th P.M., Jefferson County, Colorado (Westminster provides the following UTM coordinates NAD 83, Zone 13 North: 483408E, 4402089 N); at a point on Ralston Creek where the Croke Canal crosses Ralston Creek in Section 1, Township 3 South, Range 70 West, 6th P.M., Jefferson County, Colorado, at a point near the center of said Section 1 (Westminster provides the following UTM coordinates NAD 83, Zone 13 North: 485119 E, 4407842 N); and, on Leyden Creek at a point where the Croke Canal crosses Leyden Creek in the NW1/4 of Section 31, Township 2 South, Range 69 West, 6th P.M., Jefferson County, Colorado (Westminster provides the following UTM coordinates NAD 83, Zone 13 North: 485908 E, 4409916 N). 2. Church Ditch. The original decreed points of diversion for the Church Ditch include the following: At the Clear Creek headgate of the Church Ditch, also known as the Golden City and Ralston Creek Ditch, located on the north bank of Clear Creek at a point in the NE1/4 of Section 32, Township 3 South, Range 70 West, 6th P.M., Jefferson County, Colorado, 1450 feet south 69 degrees 30’ west from the northeast corner of said section (Westminster provides the following UTM coordinates NAD 83, Zone 13

North: 478991 E, 4400296 N); at the Ralston Creek headgate of the Church Ditch located on the north bank of Ralston Creek in Section 2, Township 3 South, Range 70 West, Jefferson County, Colorado, at a point 445 feet south 69 degrees west from the center of said section (Westminster provides the following UTM coordinates NAD 83, Zone 13 North: 483280 E, 4407892 N). 3. Kinnear Ditch. The original decreed points of diversion for the Kinnear Ditch include the following: On the South bank of Coal Creek near the center of the NE1/4 of Section 18, Township 2 South, Range 70 West, 6th P.M.; and on Woman Creek near the center of Section 13, Township 2 South, Range 70 West, 6th P.M., Jefferson County, Colorado. 4. Standley Lake. Standley Lake is located in Sections 16, 17, 20, 21, 22, 27, 28 and 29, Township 2 South, Range 69 West of the 6th P.M., Jefferson County. Kinnear Reservoir predates Standley Lake and was inundated by the construction of the Standley Lake dam. 5. Alternate places of storage decreed in Case No. 88CW268 for the storage water right originally decreed in Case No. CA 60052 on May 13, 1936: West Gravel Lakes located just west of the South Platte River about 1/2 mile east of the intersection of East 80th Avenue and North York Street in Thornton, Colorado; in Sections 25 and 36, Township 2 South, Range 68 West of the 6th P.M., Adams County, Colorado; Jim Baker Reservoir (f.k.a. Happe Ponds) located in the S1/2 of the NE1/4 of Section 7 and the N1/2 of the SE1/4 of Section 7, Township 3 South, Range 68 West of the 6th P.M., Adams County, Colorado; Sheets Lake located in fractional parts of NW1/4 NE1/4 of Section 18, Township 3 South, Range 68 West of the 6th P.M., Adams County, Colorado; and, Brannan Lake located in the SW1/4 of Section 35, Township 2 South, Range 68 West of the 6th P.M., Adams County, Colorado, all as described in the decree in Case No. 88CW268. D. Decreed source of water: Clear Creek, Ralston Creek, Leyden Creek, Coal Creek, and Woman Creek as described above for the original points of diversion. E. Appropriation Dates: See table in paragraph 2.B, above. F. Amount: See table in paragraph 2.B, above. G. Decreed uses: The original decreed uses for the Subject Water Rights were irrigation and domestic. H. Amount of water that applicant intends to change: The absolute and conditional water rights associated with 128.06 shares in the Farmers Reservoir and Irrigation Company (“FRICO”), Standley Lake Division. See also, table in paragraph 2.B, above. 3. Detailed description of proposed change: Westminster is a municipal corporation of the State of Colorado. It owns and operates a municipal water and sewer utility system for the benefit of its citizens, and for the provision of water and sewer service to such extra-territorial customers as it may serve from time to time pursuant to its City Charter and contract. FRICO is a Colorado mutual ditch company that distributes water to its stockholders. There are 2,372.478 shares of capital stock in the Standley Lake Division of FRICO. A. Historical Use: By this application, Westminster seeks to quantify the historical consumptive use of the Subject Water Rights on a parcel specific basis. The Subject Water Rights were historically used to irrigate lands within the FRICO Standley Lake Division service area, including those lands set forth in the attached map. Exhibit A describes the general locations of the various farms associated with the Subject Shares which are located in Township 2 South, Range 68 West; Township 1 South, Range 68 West; Township 1 South, Range 67 West; Township 1 North, Range 68 West; Township 1 North, Range 67 West; and Township 2 North, Range 67 West, of the 6th Principal Meridian. A summary of the relevant records is attached as Exhibit B. Notwithstanding Exhibit B, Westminster intends to assert, and reserves the right to claim, that the conditional rights associated with Standley Lake are also an appropriate component of any future volumetric limits established in this matter. B. Proposed Change: By this application, Westminster seeks a decree authorizing the diversion and use of the Subject Water Rights in Westminster’s municipal water supply system as it currently exists or may exist in the future. A map of the approximate boundaries of Westminster’s current municipal water service area is attached as Exhibit C. Westminster seeks to change the use of the Subject Water Rights to add decreed uses of direct flow and storage for all beneficial uses of the municipal water system of Westminster, as it currently exists or may exist in the future, including, but not limited to, municipal, domestic, irrigation, commercial, industrial, recreation, fish and wildlife, augmentation, replacement, exchange, and storage for these purposes, as well as the right to totally consume the consumable portion of the water either by first use, successive use, or disposition to third parties, including, but not limited to, by existing or subsequent lease or agreement. Westminster reiterates its longstanding intent to maintain dominion and control over any such fully consumable water, including but not limited to, fully consumable effluent associated with the Subject Water Rights that will be treated and released into the South Platte River Basin. Said use could include use for the

payment of return flow obligations associated with Westminster’s municipal water supply system, and/or the re-diversion of any such fully consumable effluent credits into storage in vessels owned or controlled by Westminster, such as in those structures, described below, for additional beneficial uses, and/or the use of any such fully consumable water in Westminster’s Reclaimed Water System, as that system currently exists or is expanded in the future. Westminster further intends to claim credit for lawn irrigation return flows generated by the changed uses of the Subject Water Rights as contemplated in the decree in Consolidated Cases Nos. 86CW397, 88CW267, and 89CW129, Water Division No. 1. By this Application, and in addition to the previously decreed locations identified in paragraphs 2.C.1 through 5, above, Westminster also seeks the right to divert and/or store some or all of the Subject Water Rights at the locations described below: 1. Westminster seeks the right to divert the Clear Creek priorities identified in the table in paragraph 2.B., above, at the Farmers High Line Canal Clear Creek diversion located in the NW1/4 SW1/4 of Section 27, Township 3 South, Range 70 West of the 6th P.M. (Westminster provides the following UTM coordinates NAD 83, Zone 13 North: (481286 E, 4400999 N). 2. Westminster seeks the right to divert the Coal Creek priorities identified in the table in paragraph 2.B., above, at the Kinnear Ditch Pipeline. The Kinnear Ditch Pipeline is located on the South bank of Coal Creek in Section 18, Township 2 South, Range 70 West of the 6th P.M. (Westminster provides the following UTM coordinates NAD83, Zone 13 North: (476601 E, 4414180 N). 3. The Manhart Ditch diversion from Ralston Creek located in the SW1/4 Section 12, Township 3 South, Range 69 West of the 6th P.M., for storage in Jim Baker Reservoir. 4. The Kershaw Ditch diversion from Clear Creek located in the NE1/4 NW1/4 of Section 18, Township 3 South, Range 68 West of the 6th P.M., for storage in Jim Baker Reservoir. 5. The Lower Clear Creek Ditch diversion from Clear Creek in the SE1/4 of Section 4, Township 3 South, Range 68 West of the 6th P.M., for storage in West Gravel Lakes. 6. The Brighton Ditch diversion from the South Platte River in the SE1/4 SE1/4 of Section 11, Township 1 South, Range 67 West of the 6th P.M., for storage in Wattenberg Lake. 7. The Wattenberg Well Field will be located immediately adjacent to Wattenberg Lake and the South Platte River, more particularly located in the S 1/2 of the NE1/4 and the E1/2 of the SW1/4 and the SE1/4 of Section 25, Township 1 North, Range 67 West of the 6th P.M., and the W1/2 of the SW1/4 of Section 30, Township 1 North, Range 66 West of the 6th P.M., for storage in Wattenberg Lake. Applicant acknowledges the need to obtain a decreed augmentation plan or an approved Substitute Water Supply Plan before diverting the Subject Water Rights at the Wattenberg Well Field. 8. The Wattenberg Pipeline diversion from the South Platte will be located in the NE1/4 of Section 1, Township 1 South, Range 67 West of the 6th P.M., for storage in Wattenberg Lake. 9. Wattenberg Lake, located in the Sections 25 and 36, Township 1 North, Range 67 West and Section 30, Township 1 North, Range 66 West of the 6th P.M. C. Historical Return Flows: Under the change of water rights, municipal return flows attributable to the Subject Water Rights will be quantified, and at times of a South Platte River call senior to June 14, 2018, used to offset any required returns necessary to prevent injury from the change of water right. Westminster claims the appropriation of historical return flows and will replace return flows associated with the historical use of the Subject Water Rights only for downstream calls senior to June 14, 2018. Any such appropriated return flows will be used for the same uses as described in Paragraph 3.B., above. Moreover, Westminster may use the Subject Water Rights, any other water rights owned or controlled by Westminster that are or have been determined to be fully consumable or usable for replacement purposes by this or any other decree, and/or municipal return flows from other sources of water, which water rights and/or return flows are fully consumable, to meet required return flow obligations. Water derived from the exercise of the Subject Water Rights upon which any required return flow obligations have been met or upon which municipal return flows exceed historical irrigation return flow obligations will be fully consumable by Westminster, and may be used, reused, and successively used to extinction for all beneficial purposes identified herein, either by direct release or storage for later release with the right to totally consume the consumable portion of the water either by first use, successive use, or disposition to third parties. 4. Name(s) and address(es) of owner(s) of land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. The applicant must notify these persons that the applicant is applying for this water right, and certify to the Court that the applicant has done so.

With the exception of the Wattenberg Well Field and the Wattenberg Pipeline, the diversion structures identified herein are existing structures and no modification to said structures is proposed in this application. The Wattenberg Well Field will be located on lands owned by the City of Westminster. On information and belief, the diversion point for the Wattenberg Pipeline will be located on lands owned by the City of Thornton. With the exception of Wattenberg Lake which is currently under construction and located on lands owned by the City of Westminster, the storage structures identified herein are all existing structures and are located on lands owned by Westminster, the City of Thornton or FRICO. Westminster will nonetheless provide a copy of this application to the City of Thornton at 9500 Civic Center Drive, Thornton, Colorado 80229-4326 and FRICO at 80 South 27th Avenue, Brighton, Colorado 80601. 5. Other. Westminster either holds fee title to, or holds certain contractual rights for the carriage and/or storage of water in, all the existing structures identified in this application. Nothing in this application or resulting decree shall be construed to create, enlarge, or diminish any contractual right held by Westminster for the use of land or structures owned by third parties. Number of pages of application and exhibits: 11 pages. 18CW3091 Ground Water Management Subdistrict of the Central Colorado Water Conservancy District, 3209 West 38th Street, Greeley, CO 80631, Telephone: (970) 330-4540. Please send all future correspondence and pleadings to: Kelly Custer, Lawrence Jones Custer Grasmick, 5245 Ronald Reagan Blvd., Ste. 1, Johnstown, CO 80534. APPLICATION FOR FINDING OF REASONABLE DILIGENCE, in WELD COUNTY. 2. Name of structure: Nissen Reservoir. 3. Conditional water right: A. Case No. 02CW270, decree dated October 20, 2005, Water Division No. 1. Diligence/Make Partially Absolute decreed in Case No. 11CW213, decree dated June 25, 2012. B. Legal Description: The reservoir is located in the SE1/4 and E1/2 SW1/4 of Section 12, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. C. Legal Description of Points of Diversion: i. Plumb Ditch, the headgate of which is located in the SW1/4 NW1/4 of Section 13, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. ii. Lower Latham Ditch, the headgate of which is located in the NE1/4 NW1/4 NE1/4 of Section 31, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. iii. The Nissen pump station adjacent to the South Platte River and the reservoir in the SE1/4 and the E1/2 SW1/4 of Section 12, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. D. Source: South Platte River and its tributaries. E. Appropriation Date: November 19, 2002. F. Amount: 875 acre-feet, absolute, and 2125 acre-feet, conditional. 25 cfs, absolute, 25 cfs, conditional. G. Uses: Augmentation, replacement and exchange for irrigation, commercial, industrial, recreation, municipal and domestic purposes, recreation, fish, wildlife, gravel washing, dust suppression, reclamation. The waters may be used 100% to extinction to the extent it is feasible to account for the same. 4. Detailed outline of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: During the diligence period, Applicant performed several actions toward completion of the water right, including but not limited to the following. Applicant (by and through its Water Activity Enterprise) purchased the land on which the Nissen Reservoir is located, and made a payment of approximately $300,000 toward the purchase price. Applicant diverted and stored water in priority and released water from the reservoir for beneficial uses. The flow rate diverted and volume stored did not exceed the amounts previously decreed as absolute. Applicant maintained and repaired infrastructure at the reservoir site following the 2013 flood, including repairing the slurry wall and obtaining an updated liner approval from the State Engineer’s Office. Applicant made payments to the Plumb Irrigation Company for carriage of water to the reservoir, and paid for utilities to operate the Rubicon gate at the reservoir inlet and to pump water from the reservoir for use. Expenses for maintenance, repair and operations activities exceeded $550,000. The Nissen Reservoir water right is one component of Applicant’s integrated system of water rights, as set forth in paragraphs 9.9 and 29 of Applicant’s augmentation plan decree in Case No. 02CW335. Actions on Applicant’s integrated system during the diligence period included, but were not limited to, the following: diversion of water rights and operation of its augmentation plan decreed in Case No. 02CW335, construction of other storage reservoirs, purchase and leasing of water supplies to use for augmentation, payment of ditch company assessments on water stock used in the plan, prosecution of applications allowing augmentation use of numerous sources of water in the integrated

system, and prosecution of statements of opposition in water court cases necessary to prevent injury to its integrated system. Applicant’s expenses on these actions exceeded $9 million. Applicant has a continued demand for use of the water right as shown by the fact that member well pumping in the plan for augmentation is limited to less than 100% by annual quota amounts, which during the diligence period ranged from 35% to 58%, and which has been set at 55% for 2018. 5. Names and addresses of owners of land upon which water is or will be stored: The land is owned by Applicant, by and through its Water Activity Enterprise. Wherefore, Applicant requests the court to enter a decree finding that Applicant has been diligent in the development of the water right, continuing the remaining portion of the water right as conditional, and such other and further relief as the court finds just. 4 pages, no exhibits. 18CW3092 Larry and Kathryn Jo Algra, 896 Lake Gulch Road, Castle Rock, CO 80104 (James J. Petrock, Petrock Fendel Poznanovic, 700 17th Street, #1800, Denver, CO 80202), Nontributary groundwater in DOUGLAS COUNTY, 27.9 acres located in the E1/2SE1/4 of Section 13, T8S, R67W of the 6th P.M., Douglas County, as described and shown on Attachment A. Estimated Annual Amounts: Lower Dawson: 3 acre-feet; Denver: 15 acre-feet; Arapahoe: 16 acre-feet; and Laramie-Fox Hills: 6 acre-feet, Uses: domestic, commercial, irrigation, stockwatering, and augmentation purposes, on and off the Subject Property. Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (5 pages). 18CW3093, Robert and Deborah Fine, 31896 County Road 17-21, Elizabeth, CO 80107 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, ELBERT COUNTY. 38.8 acres being the NW1/4NE1/4 of Section 29, T8S, R64W of the 6th P.M., Elbert County, as shown on Attachment A hereto (Subject Property). Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Upper Dawson: 11 acre-feet, Lower Dawson: 8 acre-feet, Denver: 16 acre-feet, Arapahoe: 13 acre-feet, Laramie-Fox Hills: 13 acre-feet. Proposed Use: Domestic, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Groundwater to be augmented: 2.5 acre-feet per year for 300 years of Upper Dawson aquifer groundwater requested herein. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Upper Dawson aquifer groundwater will be used through two wells (1.25 acre-feet per well), for in house use (0.4 acre-feet), irrigation of 13,000 square-feet of lawn, garden, and trees (0.75 acre-feet), and stockwatering of up to 8 large domestic animals (0.1 acre-feet). Applicants reserve the right to amend these amounts and values without amending the application or republishing the same. Sewage treatment for in house use will be provided by a non-evaporative septic system and return flow from in house and irrigation use will be approximately 90% and 15% of that use, respectively. During pumping Applicants will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions occur to the Running Creek stream system and return flows accrue to the South Platte River via Running Creek and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post pumping augmentation requirements. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (5 pages). 18CW3094, Elizabeth Land, LLC, P.O. Box 902, Elizabeth, CO 80107 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER

RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, ELBERT COUNTY. 36.5 acres located in the W1/2NE1/4 of Section 12, T8S, R65W of the 6th P.M., Elbert County, as described and shown on Attachment A hereto (Subject Property). Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Upper Dawson: 9 acre-feet, Lower Dawson: 7 acre-feet, Denver: 12 acre-feet, Arapahoe: 14 acre-feet, Laramie-Fox Hills: 11 acre-feet. Proposed Use: Domestic, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Groundwater to be augmented: 2.25 acre-feet per year for 300 years of Upper Dawson aquifer groundwater requested herein. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Upper Dawson aquifer groundwater will be used in three single family residences through individual wells. Each well will use 0.75 acre-feet per year for 300 years for in house use (0.4 acre-feet), irrigation of 5000 square-feet of lawn, garden, and trees (0.3 acre-feet), and stockwatering of up to 4 large domestic animals (0.05 acre-feet). Applicant reserves the right to revise these uses and values, without amending the application or republishing the same. Sewage treatment for in house use will be provided by a non-evaporative septic system and return flow from in house and irrigation use will be approximately 90% and 15% of that use, respectively. During pumping Applicant will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions occur to the Running Creek stream system and return flows accrue to the South Platte River 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 underlying the Subject Property to meet post pumping augmentation requirements. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises.(6 pages). 18CW3095 Erker Estates Ltd., Erker Estates Ltd. Attn: Nicholas E. Erker, 17601 Highway 34, Fort Morgan, CO 80701, (303) 358-0349, nerker@smirksbrand.com, c/o James S. Witwer, Brian Annes, DAVIS GRAHAM & STUBBS LLP, 1550 Seventeenth Street, Suite 500, Denver, Colorado 80202, Telephone:(303) 892-7478, Facsimile:(303) 893-1379, Email: james.witwer@dgslaw.com, brian.annes@dgslaw.com. CONCERNING THE APPLICATION FOR WATER RIGHTS OF: ERKER ESTATES LTD. IN MORGAN COUNTY. 1. Name, address, telephone number, and email address of Applicant: See above. 2. Name of structure: Erker Gravel Pit (f/k/a the Kula Pit). The gravel pit has a valid well permit issued by the State Engineer’s Office, Well Permit No. 041863-F, and also a valid mine reclamation permit, Permit No. M-1985-200, issued by the Colorado Department of Natural Resources, Division of Reclamation, Mining and Safety (“DRMS”). 3. Description of conditional water right: A. Prior Adjudications: A decree for a conditional water right in the amount of 17 acre-feet was originally entered by this Court on January 28, 1993, in Case No. 87CW011, with an appropriation date of January 27, 1987. On May 27, 1999, this Court entered Findings of Fact, Conclusions of Law, Ruling, Judgment and Decree in Case No. 98CW437, making the conditional water right absolute for piscatorial and recreational use in the full amount of the water right (17 acre-feet), and for the beneficial use of the extraction of sand and gravel in the amount of 3.1 acre-feet. That decree also continued in full force and effect the conditional portion of the water right for the extraction of sand and gravel (13.9 acre-feet). In Case No. 2005CW118 and Case No. 2011CW269, this Court granted applications for reasonable diligence and continued in full force and effect the conditional portion of the water right for the extraction of sand and gravel. B. Original Decree: Case No. 87CW011, District Court, Water Division 1, January 28, 1993. C. Subsequent Decrees: i. Decree making absolute and finding reasonable diligence: Case No. 98CW437, Water Division No. 1, decree dated May 27, 1999. ii. Decree finding reasonable diligence: Case No. 2005CW118, Water Division No. 1, decree dated December 28, 2012. iii. Decree finding reasonable

diligence: Case No. 2011CW269, Water Division No. 1, decree dated June 4, 2012. D. Legal Description of the Location of the Erker Gravel Pit: That part of the N1/2NW1/4SW1/4of Section 33, Township 4 North, Range 57 West of the 6th P.M., Morgan County, Colorado, described as commencing at a point on the North line of said N1/2NW1/4SW1/4 from which the W1/4 corner of said Section 33 bears N89°00’W at 570.0 feet; thence S89°00’E along the North line of said N1/2NW1/4SW1/4 753.0 feet to the NE corner of said NW1/4SW1/4; thence S47°00’W 550.0 feet; thence S79°22’W 485.0 feet; thence N14°46’E 494.1 feet to the point of beginning containing in all 5.76 acres more or less, AND that part of the S1/2S1/2S1/2NW1/4 of Section 33, Township 4 North, Range 57 West of the 6th P.M., Morgan County, Colorado, described as commencing at a point on the South line of said S1/2S1/2S1/2NW1/4 from which the W1/4 corner of said Section 33 bears N89°00’W at 570.0 feet; thence S89°00’E along the South line of said S1/2S1/2S1/2NW1/4 753.0 feet to the SE corner of said S1/2S1/2S1/2NW1/4; thence N00°20’E along the East line of said S1/2S1/2S1/2NW1/4 200.0 feet; thence N89°00’W and parallel to said South line 701.7 feet; thence S1446’W 205.9 feet to the point of beginning containing in all 3.39 acres more or less. Total acreage of both parcels equals 9.15 acres. E. Source of water: South Platte River and its tributaries. F. Appropriation Date: January 27, 1987. G. Absolute and/or Conditional Amounts Previously Decreed: 17 acre-feet, absolute, for piscatorial and recreation purposes; and 3.1 acre-feet, absolute, and 13.9 acre-feet, conditional, for the beneficial use of the extraction of sand and gravel. 4. Detailed outline of work performed and expenditures made toward completion of the appropriation and application of water to a beneficial use as conditionally decreed: A. The water rights decreed in Case No. 87CW011 were originally owned by Michael Erker and Cynthia Schmid. The Erker Gravel Pit and the associated water rights decreed in Case No. 87CW011 were recently conveyed to the Applicant, Erker Estates Ltd. B. The decree entered in Case No. 87CW011 included a plan for augmentation to replace out-of-priority depletions to the South Platte River system caused by surface evaporation associated with Applicant’s gravel pit and water lost in the removal of material, and set forth the formula to determine the Applicant’s replacement obligation. During the diligence period, Applicant and its predecessors in interest replaced such depletions in accordance with plan requirements and submitted plan accounting to the Division Engineer. C. During the diligence period, Applicant and its predecessors in interest paid annual assessments to Jackson Lake Reservoir and Irrigation Company and Pioneer Water and Irrigation, Inc. to maintain the ditch rights necessary to satisfy the replacement obligations under the augmentation plan decreed in Case No. 87CW011. Applicant and its predecessors in interest spent over $3,000 in assessments during the diligence period. D. During the diligence period, Applicant and its predecessors in interest maintained an active mining permit and paid annual fees to DRMS under C.R.S. § 34-32.5-116. Applicant has also renewed its Financial Warranty/Letter of Credit with the Colorado Division of Minerals & Geology yearly to allow for continuation of mining operations under the mining permit. Applicant expects to resume gravel mining in the future. Applicant and its predecessors in interest spent over $2,000 in fees to DRMS during the diligence period. E. During the diligence period, Applicant and Applicant’s predecessors in interest performed work to maintain the integrity of Erker Gravel Pit, including hiring contractors to repair substantial damage to the associated dike caused by flooding in 2013. Applicant and its predecessors in interest spent over $5,000 on such repair work during the diligence period. F. During the diligence period, Applicant and its predecessors in interest have continued to explore opportunities for leasing the Erker Gravel Pit to a third party for sand and gravel mining. Due to economic conditions, Applicant was not able to put additional amounts of the conditional portion of the water right to the beneficial use of the extraction of sand and gravel during the diligence period. Applicant extracted some sand and gravel from the Erker Gravel Pit during the diligence period, which Applicant used for road repair and related projects on its property located adjacent to the Erker Gravel Pit. However, the amount of sand and gravel extracted during the diligence period was not sufficient to make any additional amounts of the water right absolute using the formula described in the decree in Case No. 87CW011. Applicant expects to resume gravel mining, and has maintained the legal right to do so in the future. 5. Name and address 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: Applicant.

18CW3096 CITY OF AURORA, COLORADO, ACTING BY AND THROUGH ITS UTILITY ENTERPRISE, 15151 East Alameda Parkway, Suite 3600, Aurora, Colorado 80012. Attorney: Stephanie J. Neitzel, Assistant City Attorney, City of Aurora, Colorado, 15151 E. Alameda Parkway, Suite 5300, Aurora, Colorado 80012. Application for Finding of Reasonable Diligence in WELD COUNTY. CONDITIONAL WATER RIGHTS: 2. NAME OF RESERVOIR: The Aurora-Everist Reservoir (the “Reservoir”) will consist of seven interconnected water storage cells surrounded by an impermeable bentonite-based slurry wall keyed into the shale bedrock of a reclaimed sand gravel pit. There are also two new surface diversions to serve the Reservoir. 3. DESCRIPTION OF CONDITIONAL WATER RIGHTS (“Subject Water Rights”): 3.1. Date of Original Decree: June 7, 2012; Case No. 02CW330; District Court, Water Division 1 (the “Decree”). 3.2. Subsequent Decrees: None. 3.3. Location (Legal Description): 3.3.1. The Reservoir site is approximately 295 acres and will be located within: 3.3.1.1. All of the S1/2 of the NW1/4 of Section 30, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado. 3.3.1.2. Those portions of Lots 1, 2, 3 and 4 which lie within the N1/2 of the NW1/4 of Section 30, Township 2 North, Range 66 West of the 6th P.M., according to the Division No. 3 Plat as filed by the Lupton Meadows Land Company on June 12, 1909 in Book 5 of Maps at Page 1, except for Parcels A, B, C, D and E, all of which lie within aforementioned Lot 2 and which are more particularly described by Deed recorded October 13, 1969 in Book 616 under Reception No. 1538429, Weld County, Colorado. 3.3.1.3. A parcel of land being Lot 3 of the NE1/4 of Section 25, Township 2 North, Range 67 West of the 6th P.M., according to the Division No. 3 Plat as filed by the Lupton Meadows Land Company on June 12, 1909 in Book 5 of Maps at Page 1, Weld County, Colorado. 3.3.1.4. A parcel of land being that part of Lot 6 lying westerly of the centerline of the South Platte River in the NE1/4 of Section 30, Township 2 North, Range 66 West of the 6th P.M., according to the Division No. 3 Plat as filed by the Lupton Meadows Land Company on June 12, 1909 in Book 5 of Maps at Page 1, Weld County, Colorado. 3.3.1.5. A parcel of land lying westerly of the South Platte River in the NW1/4 NW1/4 SE1/4 of Section 30, Township 2 North, Range 66 West of 6th P.M., consisting of 1.018 acres more or less and which is more particularly described by Deed recorded July 11, 2001 under Reception No. 2865029, Weld County, Colorado. 3.3.2. Points of Diversion: 3.3.2.1. Diversion No. 1, which has not been constructed, is planned to divert surface water from the South Platte River on the west bank of the South Platte River in the NW1/4 of the NE1/4 of the Section 31, 691 feet from the North Section Line, 2,455 feet from the East Section Line, in Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado. No ground water shall be diverted from or at Diversion No. 1. 3.3.2.2. Diversion No. 2, which has not been constructed, is planned to divert surface water from the South Platte River on the west bank of the South Platte River in the NE1/4 of the SW1/4 of Section 30, 2,948 feet from the South Section Line, 2,715 feet from the West Section Line, in Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado. No ground water shall be diverted from or at Diversion No. 2. 3.3.2.3. The Lupton Bottom Ditch Delivery will utilize capacity of the existing Lupton Bottom Ditch that diverts from the South Platte River on the west bank of the South Platte River in the West 1/2 of Section 19, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. 3.4. Source of Water for Reservoir: 3.4.1. South Platte River. 3.4.2. Other Fully Consumable Water. Aurora will also divert and store other fully consumable water that is not subject to the Decree (“Other Fully Consumable Water’). Other Fully Consumable Water includes, but is not limited to, Aurora’s fully consumable effluent released after treatment by the Metropolitan Wastewater Reclamation District from any of its treatment facilities, Aurora’s Sand Creek Wastewater Treatment Plant, and any future wastewater treatment facility operated by Aurora or the Metropolitan Wastewater Reclamation District; decreed lawn irrigation return flows; water rights to be acquired and changed by water court decree in the future; not non-tributary and non-tributary Denver Basin ground water rights that are decreed for Aurora’s use; any other water rights that may be decreed for storage in the Reservoir; other water that is decreed to be fully consumable that is purchased, leased or otherwise acquired from others; and the reusable portion of the effluent generated by sewage flows arising in the East Cherry Creek Valley Water and Sanitation District

(“ECCV”) and delivered to the Aurora system pursuant to the agreement between Aurora and ECCV, dated May 15, 1976, as amended. 3.5. Date of Appropriation: February 21, 2007. 3.6. Amount: 3.6.1. Reservoir: 7,000 acre-feet (conditional) with right of one fill and one refill subject to the annual volumetric limit of Aurora’s Prairie Waters Project (“PWP”) of 40,000 acre feet decreed in Case No. 06CW104 and pursuant to the terms and conditions set forth in the Decree. 3.6.2. Diversion No. 1: Rate of diversion to storage: 50 cfs (conditional). 3.6.3. Diversion No. 2: Rate of diversion to storage: 50 cfs (conditional). 3.6.4. Lupton Bottom Ditch Delivery: Rate of diversion to storage: 150 cfs (conditional). 3.7. Uses: 3.7.1. Aurora will use the Subject Water Rights after storage for all municipal, domestic, commercial and industrial uses, water treatment, fire protection, irrigation, reservoir evaporation replacement, use as supply or substitute supply for augmentation and exchanges to be decreed for municipal purposes, and may use, reuse and successively use to extinction for the same purposes, effluent or return flows remaining after the first use of the water for the uses described above, subject to the terms and condition of the Decree. The place of use of the water will be any area within the existing or future water service area of the City of Aurora, located in Adams, Arapahoe and Douglas Counties, or any extra-territorial area in which the City of Aurora contracts to provide augmentation and/or water service. Recreational, fish and wildlife propagation uses will be confined to the Reservoir. 3.7.2. Aurora may fully consume the water diverted under the Subject Water Rights after storage and subsequent release, reuse, successive use, further exchange and disposition to the point of extinction, subject to the terms and conditions of the Decree. 3.8. Size of the Reservoir: 3.8.1. Surface Area: 225 acres. 3.8.2. Maximum Depth: 55 feet. 3.9. Total Capacity of Reservoir: 3.9.1. Active capacity: 7,000 acre-feet. 3.9.2. Dead storage: 0 acre-feet. 3.10. Names and Addresses of Owners or Reputed Owners of the Land upon which any new Diversion or Storage Structure or Modification to any Existing Diversion or Storage Structure is or will be Constructed or upon which Water is or will be Stored, including any Modification to the Existing Storage Pool: 3.10.1. Aurora owns all or most of the Reservoir site property described in Paragraph 3.3.1., above. The City of Aurora, 15151 E. Alameda Parkway, Aurora Colorado, 80012. 3.10.2. Aurora owns the property for the Point of Diversion No. 1, described in Paragraph 3.3.2.1, above. The City of Aurora, 15151 E. Alameda Parkway, Aurora, Colorado 80012. 3.10.3. L.G. Everist owns the property for the Point of Point of Diversion No.2, described in Paragraph 3.3.2.2., above. L.G. Everist, Inc., 350 S. Main Ave, Ste 400, Sioux Falls, SD 57104. 3.10.3. The Lupton Bottom Ditch Company, c/o Howard Cantrell, P.O. Box 305, Fort Lupton, CO 80621, owns the Lupton Bottom Ditch, including the Lupton Bottom Delivery location described in Paragraph 3.3.2.3., above. Aurora is a shareholder in the Lupton Bottom Ditch. 3.10.4. Some parts of the Reservoir site property and the land underlying the outlet works are owned by the Gomer Hill Living Trust, Dated May 25, 2000, for the benefit of Gomer Hill, the Julane M. Hill Living Trust, Dated May 25, 2000, for the benefit of Julane M. Hill whose addresses are 12526 WCR 18, Ft. Lupton, CO 80621. Aurora has an easement that allows the construction of the Reservoir and outlet works under these lands. FINDING OF DILIGENCE: 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: 4.1. Pursuant to C.R.S. § 37-92-301(4)(b), the measure of reasonable diligence is the steady application of effort to complete the appropriation in a reasonably expedient and efficient manner under all the facts circumstances. The Reservoir is an essential element Aurora’s integrated water supply system, and more particularly of Aurora’s Prairie Waters Project (PWP). PWP is primarily a water reuse project where Aurora diverts its fully consumable water rights from the South Platte River through the PWP wellfield. Water stored in the Reservoir will be used as a source of augmentation water and for upstream exchanges to replace depletions on the South Platte River from withdrawals from the PWP wellfield. Water released from the Reservoir also may be used to satisfy return flow obligations. Pursuant to Paragraph 27 of the Decree, Aurora’s municipal water system and each of its water rights and structures that are part of PWP comprise an integrated system under C.R.S. § 37-92-301(4)(b). 4.2. Since the filing of the application in Case No. 02CW330 and during this diligence period, project

specific work towards development of the Subject Water Rights include, but is not limited, to the following: 4.2.1. In 2007, Aurora acquired from L.G. Everist the lands for the Reservoir, adjacent property, and appurtenant rights that include the Subject Water Rights, easements necessary for use of these water rights, and interests in its Lupton Bottom Ditch Company Water Carriage Right Agreement. Aurora paid in excess of $6.5 million for this property and interests. A portion of this amount is secured by a deed of trust under which Aurora has been making payments to include during this diligence period. 4.2.2. Three cells for the Reservoir have been mined and reclaimed, and Aurora has completed design and construction of all infrastructure necessary for storage and beneficial use of the water rights that are the subject of this Application, including but not limited to, completion of the pump station, pipelines from each of the three cells to the pump station and from the pump station to the S. Platte River, and pipelines from the two existing headgates on the Lupton Bottom Ditch to the three Reservoir cells. Aurora’s cost for these efforts exceeded $1.8 million for design and permitting through 2013 and over $13.8 million for construction through 2016. 4.2.3. A Feasibility Study for Everist Reservoir was prepared by Deere & Ault Consultants and CDM for Aurora and completed in October 2008. 4.2.4. CH2MHill prepared a Use by Special Review Permit Application for the Everist Reservoir Complex for Weld County in July, 2011. A permit has since been granted. 4.2.5. North Campus Master Plan. Aurora is presently undergoing a study to develop a water resources operational plan for that portion of the PWP that includes Everist Reservoir (North Campus Facilities). As part of this Master Plan, a separate study if presently underway to recommend water quality management options that will improve the water quality in the Everist Reservoir cells to allow use of released water for augmentation, exchange and return flow replacement. These studies are being performed by HDR and Leonard Rice Consulting Water Engineers. Aurora has spent over $132,000 for this study to date. 4.2.6. Aurora owns Lupton Bottom Ditch shares and Lupton Meadows Ditch shares that are carried in the Lupton Bottom Ditch that can be delivered to the Reservoir. Aurora has purchased additional shares in these ditch companies during the diligence period. 4.3. When a project or integrated system is comprised of several features, work on one feature of the project or system shall be considered finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system. Aurora’s municipal water system and each of the water rights and structures that are part of Aurora’s system that now and in the future will provide water for Aurora comprise an integrated system of water rights and structures under section 37-92-301(4)(b), C.R.S. Therefore, Aurora’s work on any part of its integrated system constitutes reasonable diligence on the conditional water rights decreed in Case No. 02CW330. Since filing its application in Case No. 02CW330 and during this diligence period, Aurora has diligently prosecuted the following additional features of its integrated system. 4.3.1. Aurora spent approximately $700 million dollars completing the construction of the Aquifer Recharge and Recovery Site A (AAR-A), the PWP well fields, the 34-mile pipeline from PWP to Aurora Reservoir, and the Peter Binney Water Treatment Facility. The initial capacity is 10,000 acre feet. 4.3.2. Aurora began PWP deliveries in October 2010 and the system became fully operational in June 2012. 4.3.3. Case No. 03CW414: conditional underground and surface storage rights for Aquifer Recharge and Recovery Site B (“AAR-B”), decreed August 1, 2007; findings of reasonable diligence decreed in Case No. 13CW3088, April 22, 2014. 4.3.4. Case No. 03CW415: conditional storage rights for Aurora’s East Reservoir, decreed May 14, 2008; findings of reasonable diligence decreed in Case No. 14CW3065, March 2, 2015. 4.3.5. Case No. 06CW104: conditional storage rights for PWP, decreed June 7, 2012.; findings of reasonable diligence decreed in 15CW3064, December 1, 2017. 4.3.6. Case No. 97CW272: conditional storage rights for the Robert W. Walker Reservoir, decreed May 10, 2000; findings of reasonable diligence decreed in Case No. 06CW129, June 9, 2009. 4.3.7. Case No. 97CW392: conditional storage rights for the Stillwater Ranch Reservoir, decreed May 10, 2000; findings of reasonable diligence decreed in Case No. 06CW130, June 9, 2009. 4.3.8. Case No. 07CW37: change in the type and place of use of 9.023 shares of Brighton Ditch Co. from irrigation to municipal purposes by Aurora Water, decreed March 23, 2011. 4.3.9.Case No. 13CW3080: conditional storage rights in

Aurora-Everist Reservoir No. 2, decreed January 6, 2015. 4.3.10. Case No. 13CW3042: addition of six (6) in-fill wells to the PWP Well Field and amendment of plan for augmentation decreed in Case No. 06CW104, decreed May 12, 2015. 4.3.11. In 2015, Aurora purchased a portion of the property known as Gilcrest Reservoir (f/k/a Platte Valley Trust Reservoir). 4.3.12. In addition to the efforts made by Aurora towards development of its integrated PWP, listed above, Aurora has also made significant efforts towards development of its other water rights in the South Platte, Arkansas and Colorado River Basins which may be stored in the Reservoir and accessed for use by Aurora through its integrated PWP. WHEREFORE, Applicant requests that the Court enter a decree: 5. Finding that Applicant has been reasonably diligence in the steady application of effort to complete the appropriation of the conditional water rights in a reasonably expedient and efficient manner under the facts and circumstances and continuing the following conditional rights in full force and effect: 5.1. Reservoir: 7,000 acre-feet (conditional) with right of one fill and one refill. 5.2. Diversion No. 1: Rate of diversion to storage: 50 cfs (conditional). 5.3. Diversion No. 2: Rate of diversion to storage: 50 cfs (conditional). 5.4. Lupton Bottom Ditch Delivery: Rate of diversion to storage: 150 cfs (conditional). 10 pages. 18CW3097 CLEAN HARBORS DEER TRAIL, LLC, c/o John H. Kehoe, Facility General Manager, 108555 East Highway 36, Deer Trail, CO 80105, Telephone: (970) 386-2293 Facsimile: (970) 386-2262; kehoe.john@cleanharbors.com. Attorneys for Applicant: Alperstein & Covell, P.C., Cynthia F. Covell, #10169, Gilbert Y. Marchand, Jr., #19870, 1600 Broadway, Suite 1070, Denver, CO 80202, 303-894-8191, cfs@alpersteincovell.com, gym@alpersteincovell.com. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ADDITIONAL AMOUNTS ABSOLUTE IN ADAMS, ARAPAHOE, MORGAN AND WASHINGTON COUNTIES. 1. Name, mailing address, e-mail address, and telephone number of Applicant: Clean Harbors Deer Trail, LLC f/k/a Highway 36 Land Development Company (“Applicant”), c/o John H. Kehoe, Facility General Manager, 108555 East Highway 36, Deer Trail, CO 80105, Telephone: (970) 386-2293 Facsimile: (970) 386-2262; kehoe.john@cleanharbors.com; Clean Harbors, Office of the General Counsel, 42 Longwater Drive, Norwell, MA 02061-9149, Telephone: (800) 282-0058. 2. Names of structures (collectively, “Subject Structures”): 2.A. Highway 36 Storm Water Detention Facility. 2.B. RR Reservoir. 2.C. Wetzel Creek Reservoir. 2.D. Well RR-1. 2.E. Well RR-2. 3. Description of conditional water rights: 3.A. The water rights for the Subject Structures were decreed in Case No. 87CW312, District Court, Water Division No. 1, on February 27, 1990 (“87CW312 Decree”). Portions of the water rights were made absolute in a decree entered by the same court on May 30, 1997 in Case No. 96CW42. Decrees finding diligence toward the completion of the appropriations of the remaining conditional water rights were entered by the Court on May 30, 1997 in Case No. 96CW42, on December 29, 2005 in Case No. 03CW237, and on June 26, 2012 in Case No. 11CW270.. 3.B. Highway 36 Storm Water Detention Facility: 3.B.(1). Decreed legal description: in Sections 25 and 36 of T. 3 S., R. 57 W., 6th P. M., Adams County, Colorado, more particularly described as beginning at the West 1/4 Corner of Section 25, T. 3 S., R. 57 W., thence North 89 degrees 20 minutes 10 seconds East 2764.45 feet, thence South 00 degrees 39 minutes 50 seconds West 2640.0 feet to the North section line of Section 36, thence South 00 degrees 24 minutes 00 seconds West 2640. 0 feet, thence South 30 degrees 48 minutes 58 seconds West 1551.14 feet, thence North 55 degrees 09 minutes 50 seconds West 2278. 0 feet to the West 1/4 of Section 36, T. 3 S., R. 57 W., thence northerly to the Northwest Corner of Section 36, thence northerly to the point of beginning. 3.B.(2). Source of water: The storage right is filled by captured on-site precipitation (average 13.94 acre feet per annum), diversions from the Hubbird Well (0.46 acre feet per annum), and water truck-hauled to the site (up to 65.22 acre feet per annum). 3.B.(3). Appropriation date: September 18, 1987. 3.B.(4). Amount: 72.35 acre feet, of which 26.0999 acre-feet has been made absolute for commercial, industrial, irrigation and land reclamation purposes, and 46.2501 acre-feet remains conditional for domestic and municipal purposes. The specific absolute and conditional amounts of the components comprising the Highway 36 Storm Water Detention Facility are set forth in the following table (values in acre-feet):

STRUCTURE TOTAL ABSOLUTE CONDITIONAL Uncontaminated Runoff Pond

33.60 10.4782 23.1218

Potentially Contaminated Runoff Pond

20.80 6.7414 14.0586

2 One Million Gallon Uncontaminated Storage Tanks (Tanks 101A & 101B)

6.10 5.9146 0.1854

2 250,000 Gallon Contaminated Storage Tanks (491A & 491B)

1.50 1.3746 0.1254

2 Waste Storage Cells 10.20 1.4438 8.7562 Fire Protection Storage Tank

0.15 0.1473 0.0027

SUBTOTAL 72.35 26.0999 46.2501

3.B.(5). Use: Domestic, commercial, industrial, municipal, irrigation and land reclamation. 3.C. RR Reservoir: 3.C.(1). Decreed legal description: An off stream reservoir located in the SW 1/4 of the NE 1/4 of Section 14, T. 3 N., R. 56 W., 6th P.M. in Morgan County, Colorado, at a point from which the NE corner of said section bears N. 46 degrees 45 minutes E. a distance of 2,630 feet. 3.C.(2). Source of water: Ground water from Beaver Creek and Platte River alluvium by pipeline from Well RR-1. 3.C.(3). Appropriation date: September 18, 1987. 3.C.(4). Amount: 19 acre-feet, of which 13.01 has been made absolute for commercial, industrial, irrigation and land reclamation purposes, and 5.99 acre-feet remains conditional for domestic and municipal purposes. 3.C.(5). Use: Augmentation of domestic, commercial, industrial, municipal, irrigation and land reclamation purposes. 3.D. Wetzel Creek Reservoir: 3.D.(1). Decreed legal description: Located on Wetzel Creek in the South 1/2 of Section 34, T. 3 S., R. 57 W., 6th P.M., Adams County, Colorado, a point on the west abutment of the dam from which the Southeast Corner of Section 1, T. 4 S., R. 57 W., 6th P.M., Arapahoe County, Colorado, bears South 55 degrees 30 minutes 51 seconds East 15,037.61 feet. 3.D.(2). Source of water: Wetzel Creek. 3.D.(3). Appropriation date: September 10, 1987. 3.D.(4). Amount 26 acre-feet, conditional. 3.D.(5). Use: Domestic, commercial, industrial, municipal, irrigation and land reclamation. 3.E. Well RR-1: 3.E.(1). Decreed legal description: In the SE 1/ 4 of the NE 1/ 4 of Section 14, Township 3 North, Range 56 West, 6th P.M., Morgan County, Colorado, at a point 2215 feet south and 90 feet west of the NE Corner of said section 14. 3.E.(2). Source of water: Alluvium of Beaver Creek. 3.E.(3). Appropriation date: December 3, 1987. 3.E.(4). Amount: 450 gallons per minute (“gpm”) (1.0 cfs), all of which has been made absolute for commercial, industrial, irrigation and land reclamation purposes, and all of which remains conditional for domestic and municipal purposes. 3.E.(5). Use: Domestic, commercial, industrial, municipal, irrigation and land reclamation and to fill RR Reservoir. 3.E.(6). Depth: 100 feet. 3.F. Well RR-2: 3.F.(1). Decreed legal description: In the SE 1/ 4 of the NE 1/ 4 of Section 14, Township 3 North, Range 56 West, 6th P.M., Morgan County, Colorado, at a point 2480 feet south and 100 feet west of the NE Corner of said section 14. 3.F.(2). Source of water: Alluvium of Beaver Creek. 3.F.(3). Appropriation date: December 3, 1987. 3.F.(4). Amount: 450 gallons per minute (“gpm”) (1.0 cfs), conditional. 3.F.(5). Use: Domestic, commercial, industrial, municipal, irrigation and land reclamation and to fill RR Reservoir. 3.F.(6). Depth: 100 feet. 3.G. The locations of the Subject Structures are depicted on the maps filed with the Court as Figures 1, 2, and 3 of the application. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Applicant’s project consists of facilities for permanent treatment and disposal of certain categories of waste not suitable for ordinary landfill operations. The project is an integrated project of which each of the water rights is an integral part. Therefore, pursuant to C.R.S. Section 37-92-301(4)(b), work on one feature of the project shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the project. Applicant has engaged in the following specific activities which demonstrate its diligence and development

of the conditional water rights described above: 4.A. The waste treatment and disposal facility has accepted approximately 275,000 tons of waste products for treatment and disposal throughout the diligence period. Applicant also has annually expended substantial sums in connection with closure of three waste disposal cells, construction and opening of a fourth cell, operation and maintenance of all cells and of the facility, and repair and replacement as necessary. 4.B. During the diligence period, Applicant closed and capped Cell 3. Generally, the closure process included placing a cover layer over the waste, construction of an anchor trench around the perimeter of the cell that overlaps to the liner installed during initial construction, a cover of High Density Polyethylene (HDP) over the anchor trench and the cell, a layer of four feet of general fill, a layer of top soil, and seeding pursuant to an established seed mix of native grasses and irrigation to establish and maintain the grasses. 4.C. During the diligence period, Applicant constructed Cell 4 with a permitted capacity of 491,840 cubic yards. Generally, the construction process included construction of a pit of 600 x 600 feet, installation of sumps and a piping system, a layer of two feet of clay, an HDP liner, a mesh material that supports the Leak Detection System for the cell, another HDP liner, a gravel layer and an additional clay layer. 4.D. Applicant holds a permit as required by the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. § 6901 et seq. During the diligence period, Applicant has taken specific steps to comply with all terms and conditions of the current permit. Applicant renewed the permit in 2013 and submitted the five-year renewal request in October of 2017. A renewal request for Applicant’s license with respect to radioactive materials was submitted in 2015 and is in process. 4.E. In 1990, Applicant’s predecessor obtained a NPDES permit as required by the Clean Water Act, 33 U.S.C. §1251 et seq. Applicant has obtained periodic renewals of the permit, including a renewal in March of 2017. 4.F. The RR Reservoir has been in use since 1991 and has been filled as required by the augmentation plan each October during the diligence period. Applicant maintains the RR Trust property in order to meet the requirements of the augmentation plan and as a water source for construction operation at the facility. Applicant leases the property on an annual basis to a tenant for farming rights and also to maintain the property. The tenant has filed reports summarizing the fill and release from the Reservoir. 4.G. Applicant has operated and maintained the RR-1 well and other wells on the property, and has used them to fill the RR Reservoir annually throughout the diligence period. Applicant has also truck-hauled water from one or more of the wells for use at its waste treatment and disposal facility for use in construction and closure operations in 2014 and 2017. 4.H. Applicant has continued operation of the waste treatment and disposal facility. Operations generally require pumping leachate away from the active cell (and, in very small amounts, from the closed cells), treating the water at an on-site water treatment plant and then pumping it to several storage tanks for on-site usage including construction. 4.I. Applicant has taken numerous steps to enhance and increase business at the site and intends to continue its efforts in the future. 4.J. Throughout the diligence period, Applicant has continued to perform its obligations pursuant to that certain Agreement and Option with Robert Gilbert to, among other things, purchase the Hubbird Well water right. The Hubbird Well water right was incorporated into the augmentation plan. Applicant pays approximately $52,000 annually to Mr. Gilbert pursuant to the terms of the agreement. 4.K. Applicant has engaged a water resources consultant to assist in complying with its augmentation plan obligations. 4.L. In 2015, the dam (Jolly Ranch Dam) that forms Wetzel Creek Reservoir was renovated at a cost of approximately $83,000. 5. If claim to make absolute in whole or in part: 5.A. Date water applied to beneficial use, including amount and use: 5.A.(1). Uncontaminated Runoff Pond: In 2016, 14.04 acre-feet of runoff was captured at the site and diverted to and stored in the Uncontaminated Runoff Pond, thus allowing an additional 3.5618 acre-feet to be made absolute for commercial, industrial, irrigation and land reclamation uses in connection with the Uncontaminated Runoff Pond water right. 5.A.(2). In 2016, a total of 13.96 acre-feet of water was diverted into, stored in, and released from the 2 One Million Gallon Uncontaminated Storage Tanks for commercial, industrial, irrigation and land reclamation uses, thus allowing an additional 0.1854 acre-feet to be made absolute, meaning that the full 6.01 acre-feet associated with the water right for the 2 One Million Gallon Uncontaminated Storage Tanks should be made absolute. 5.A.(3). In October and November of 2016, 16.79 acre-feet was stored in and released from RR Reservoir for augmentation of commercial, industrial, irrigation and land reclamation uses, thus allowing an additional 3.78 acre-feet to be made absolute. 5.B. Description of place of use where water is or was

applied to beneficial use: Applicant’s Highway 36 Storm Water Detention Facility described in paragraph 3.B., above. 6. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure, is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant, whose name and address are set forth in paragraph 1, above, is the owner of the land. WHEREFORE, pursuant to C.R.S. Section 37-92-301(4), Applicant requests the Court to enter a decree making the additional amounts described herein absolute; finding that reasonable diligence has been shown toward the completion of the remaining conditional portions of the appropriations associated with the water rights for the Subject Structures; continuing said water rights in full force and effect; and granting such other relief as the court deems proper under the circumstances. 18CW3098 (10CW266, 03CW140, 02CW374, 95CW80, 88CW188, 84CW131) WELD COUNTY, APPLICATION FOR FINDING OF DILIGENCE AND TO CONTINUE CONDITIONAL WATER RIGHTS; CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE COLORADO DIVISION OF PARKS AND WILDLIFE AND THE PARKS AND WILDLIFE COMMISSION, IN YUMA COUNTY, COLORADO. c/o Heather A. Warren, Elizabeth M. Joyce, Assistant Attorneys General, Colorado Department of Law 1300 Broadway, 7th Floor, Denver, CO 80203, heather.warren@coag.gov, 720-508-6266; elizabeth.joyce@coag.gov, 720-508-6761. Applicant, the Colorado Division of Parks and Wildlife and the Parks and Wildlife Commission (“CPW”), by and through the Colorado Attorney General and the undersigned Assistant Attorneys General, hereby files this application for finding of diligence and to continue conditional water rights. 1. Name, mailing address, e-mail address, and telephone number of applicant: Colorado Division of Parks and Wildlife (“CPW”), Attn: Ed Perkins, Water Rights Administrator, 6060 Broadway, Denver, Colorado 80216 303-291-7466; ed.perkins@state.co.us. 2. Name of structures: Wray-2 Reservoir, Wray-2 Hatchery Ponds and Wray-2 Ditch/Pipeline. 3. Description of conditional water rights: A. Date of original decree: November 2, 1984, Case No. 84CW131, Water Division 1. B. Subsequent decrees awarding findings of diligence: 10CW266 (entered June 5, 2012); 03CW140 (entered Oct. 5, 2004); 95CW80 (entered March 17, 1997); and 88CW188 (entered April 4, 1989). C. Legal description: Wray-2 Reservoir is located in the SE1/4 of Section 7, T1N, R44W, 6th P.M.; Wray-2 Hatchery Ponds are located in the N1/2NE1/4 of Section 18, T1N, R44W, 6th P.M.; Wray-2 Ditch/Pipeline point of diversion is located on the east bank of the North Fork of the Republican River in the NW1/4 NE1/4 of Section 18, T1N, R44W, 6th P.M.; all in Yuma County. D. Source: Surface flows of the North Fork of the Republican River. E. Appropriation date: November 27, 1983. F. Amounts: Wray-2 Reservoir: 150 acre feet. Wray-2 Hatchery Ponds: 160 acre feet. Wray-2 Ditch/Pipeline: 10 cfs. G. Uses: Wray-2 Reservoir: Piscatorial, wildlife, recreation, augmentation, and augmentation of the existing structures and additional ponds to be constructed at the existing Wray Hatchery. Wray-2 Hatchery Ponds: Piscatorial and augmentation. Wray-2 Ditch/Pipeline: Piscatorial, wildlife and recreation. H. Additional remarks: Wray-2 Reservoir was originally decreed conditional for piscatorial, wildlife, recreation and augmentation uses. In Case No. 02CW374 (entered January 18, 2005), this water right was changed to add as a beneficial use, augmentation of “the existing structures and additional ponds to be constructed at the existing Wray Hatchery.” The Decree entered in that case specifically requires that “[a]n application for finding of reasonable diligence with respect to the 150 AF conditional water right changed herein shall be filed pursuant to the original decree for this water right in Case No. 84CW131 and subsequent diligence decrees therefore.” CPW obtained a diligence decree in Case No. 10CW266. Through this application, CPW seeks a Finding of Reasonable Diligence on the originally decreed uses for all three of the above water rights and the additional beneficial use decreed in Case Nos. 02CW374. 4. Integrated water supply system. The Wray-2 Reservoir, Wray-2 Hatchery Ponds and Wray-2 Ditch/Pipeline (collectively “Wray-2 Water Rights”) each constitute a feature of an integrated water supply system designed to provide a sufficient and reliable water supply at Wray Hatchery, the Sandsage State Wildlife Area (SWA), and the Stalker Lake SWA. “When a project or integrated system is comprised of several features, work on one feature of the project or system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire

project or system” C.R.S. § 37-92-301(4)(b). 5. 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: CPW plans to locate the Wray-2 Reservoir, Wray-2 Hatchery Ponds and Wray-2 Ditch/Pipeline (collectively “Wray-2 Water Rights”) within the Sandsage SWA for use at the SWA and the Wray Hatchery. During this diligence period, CPW continued to actively maintain and manage the Sandsage SWA, providing recreational opportunities such as hunting, fishing, hiking and wildlife viewing. CPW staff continues to evaluate how to use water supply to further develop the recreational and wildlife uses at this SWA. CPW water staff and Area personnel have continued to meet and discuss how the Wray-2 Water Rights could be utilized as an integral component of the SWA. CPW has conducted monthly reviews of the water court resume to determine whether to enter cases in order to protect its water rights in Water Division No. 1, including the Wray-2 Water Rights. CPW has also continued to investigate the feasibility of using the Wray-2 Water Rights at the nearby Wray Hatchery where there is an identifiable need for additional water. The Wray Hatchery is located on a tributary to the North Fork of the Republican River and supplies approximately 40% of the warm water fish stocked in Colorado. CPW staff continues to manage and plan for the declining water supply at the Wray Hatchery and to investigate use of these additional sources of water. The decrees in Case Nos. 02CW374 and 10CW266 identify the Wray-2 Reservoir conditional water right as an augmentation source for the Wray Hatchery. CPW prepared studies evaluating trends in water supply at the Wray Hatchery. In addition, CPW staff submitted formal requests for engineering to determine costs and feasibility of projects for pond lining and design and installation of a pump and pipeline. CPW’s expenditures associated with Wray Hatchery operations from 2013-2017: Maintenance and Repairs = $60,549.34; Supplies and Materials = $184,086.57; Utilities = $95,455.20. CPW’s diligence application for its Wray Hatchery water rights includes a detailed outline of additional diligence activities and is being filed on the same date as this application. CPW may file a motion for consolidation of these cases. 6. Names of owners of land upon which structures are located: Applicant. WHEREFORE, Applicant respectfully requests that this Court enter a decree finding that Applicant has exercised reasonable diligence in the development of the above-referenced conditional water rights, continue the conditional water rights in full force as decreed, and for such other relief as this Court deems just and proper. 18CW3099, (11CW14, 02CW374) WELD COUNTY, APPLICATION FOR FINDING OF DILIGENCE AND TO CONTINUE CONDITIONAL WATER RIGHTS; CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE COLORADO DIVISION OF PARKS AND WILDLIFE AND THE PARKS AND WILDLIFE COMMISSION, IN YUMA COUNTY, COLORADO. c/o Heather A. Warren, Elizabeth M. Joyce, Assistant Attorneys General, Colorado Department of Law 1300 Broadway, 7th Floor, Denver, CO 80203, heather.warren@coag.gov, 720-508-6266; elizabeth.joyce@coag.gov, 720-508-6761. Applicant, the Colorado Division of Parks and Wildlife and the Parks and Wildlife Commission (“CPW”), by and through the Colorado Attorney General and the undersigned Assistant Attorneys General, hereby files this application for finding of diligence and to continue conditional water rights. 1. Name, mailing address, e-mail address, and telephone number of applicant: Colorado Division of Parks and Wildlife (“CPW”), Attn: Ed Perkins, Water Rights Administrator, 6060 Broadway, Denver, Colorado 80216 303-291-7466; ed.perkins@state.co.us. 2. Name of structures: Stalker Lake, Stalker Lake/Wray-2 Reservoir Storage Exchange, and the Bar 11 Direct Exchange. 3. Description of conditional water rights: A. Stalker Lake (1) Date of original decree: January 18, 2005, Case No. 02CW374, Water Division 1. (2) Subsequent decrees awarding findings of diligence: Case No. 11CW14 (entered June 5, 2012). (3) Legal description: N1/2 of Section 3, T1N, R44W of the 6th PM in Yuma County. (4) Source: Chief Creek, tributary to the North Fork of the Republican River. (5) Appropriation date: December 31, 2002. (6) Amount: 70 acre-feet, conditional, with the right to fill and refill whenever in priority. (7) Use: Augmentation. (8) Additional remarks: Additional water rights were decreed to Stalker Lake in Case No. 80CW281 for fish propagation, wildfowl production and recreational uses. Those water rights are absolute and are therefore not the subject of this diligence action. B. Stalker Lake/Wray-2 Reservoir Storage Exchange (1) Date of original decree: January 18, 2005, Case No. 02CW374, Water Division 1. (2)

Subsequent decrees awarding findings of diligence: Case No. 11CW14 (entered June 5, 2012). (3) Legal description of exchange from and to points: a. Exchange from point: Confluence of North Fork of the Republican River with Chief Creek. b. Exchange to points: (i) Hatchery Carroll and Gilmore Ditch: located on Workman Creek (a.k.a Pierce Creek) in Section 34, T2N, R44W of the 6th P.M. in Yuma County. (ii) Wray Hatchery Pipeline: located at a point on the north bank of Chief Creek whence the N1/4 corner of Section 32, T2N. R44W of the 6th P.M. in Yuma County bears North 20°4’14” East 1617.55 feet. (iii) Stalker Lake: located on Chief Creek in the N1/2 of Section 3, T1N, R44W, 6th PM in Yuma County. (iv) Wray-2 Pipeline: located in the NW1/4 of the NE1/4 of Section 18, T1N, R44W of the 6th PM in Yuma County. (v) Wray-2 Hatchery Reservoir: to be located in the SE1/4 of Section 7, T1N, R44W of the 6th P.M. in Yuma County. (4) Exchange water sources: Water stored in either Stalker Lake or Wray-2 Reservoir will be used as the source of supply for this exchange. Stalker Lake: Bar 11 Ditch No. 2 and Pyle Cunningham Ditch water, as changed in Case No. 02CW374, or water stored under the Stalker Lake storage right, as also decreed in Case No. 02CW374. Wray-2 Reservoir: Bar 11 Ditch No. 2 water, as changed in Case No. 02CW374, or water stored under the Wray-2 Hatchery Reservoir storage right, as also decreed in Case No. 02CW374. (5) Appropriation date: May 13, 1987. (6) Amount: 220 acre feet, conditional, with an annual total of 70 acre-feet from Stalker Lake and 150 acre-feet from Wray-2 Reservoir, at a rate of no more than 10 cfs, conditional. C.Bar 11 Direct Exchange (1) Date of original decree: January 18, 2005, Case No. 02CW374, Water Division 1. (2) Subsequent decrees awarding findings of diligence: Case No. 11CW14 (entered June 5, 2012). (3) Legal description of exchange from and to points: a. Exchange from point: Confluence of North Fork of the Republican River with Chief Creek. b. Exchange to points: (i) Hatchery Carroll and Gilmore Ditch: located on Workman Creek (a.k.a Pierce Creek) in Section 34, T2N, R44W of the 6th P.M. in Yuma County. (ii) Wray Hatchery Pipeline: located at a point on the north bank of Chief Creek whence the N1/4 corner of Section 32, T2N. R44W of the 6th P.M. in Yuma County bears North 20°4’14” East 1617.55 feet. (iii) Stalker Lake: located on Chief Creek in the N1/2 of Section 3, T1N, R44W, 6th PM in Yuma County. (iv) Wray-2 Pipeline: located in the NW1/4 of the NE1/4 of Section 18, T1N, R44W of the 6th PM in Yuma County. (v) Wray-2 Hatchery Reservoir: to be located in the SE1/4 of Section 7, T1N, R44W of the 6th P.M. in Yuma County. (4) Exchange water sources: Bar 11 Ditch No. 2 or Pyle Cunningham Ditch water, as changed in Case No. 02CW374. (5) Appropriation date: May 13, 1987. (6) 207.5 acre feet, conditional, at a rate of no more than 3.5 cfs, of which 107 acre-feet and 2.3 cfs was confirmed absolute as to certain exchange to points in 02CW374. (7) Additional remarks: The decree in Case No. 02CW374 confirmed certain portions of the Bar 11 Direct Exchange as absolute pursuant to a substitute water supply plan operated by CPW. Specifically, the 02CW374 decree confirmed the Bar 11 Direct Exchange absolute for a rate of 2.3 cfs and a volume of 107 acre-feet at the following exchange to points: a) Hatchery Carroll and Gilmore Ditch, b) Wray Hatchery Pipeline, and c) Stalker Lake. With this application, CPW seeks to maintain diligence on the portions of the Bar 11 Direct Exchange which remain conditional. CPW seeks to maintain diligence on the remaining conditional volume of 100.5 acre-feet and the remaining conditional rate of 1.2 cfs for the following exchange to points: a) Hatchery Carroll and Gilmore Ditch, b) Wray Hatchery Pipeline, and c) Stalker Lake. Additionally, CPW seeks to maintain diligence for the full volume of 207.5 acre-feet and the full rate of 3.5 cfs at the conditional exchange to points, which are the Wray-2 Pipeline and the Wray-2 Hatchery Reservoir. 4. Integrated water supply system. The subject conditional water rights each constitute a feature of an integrated water supply system designed to provide a sufficient and reliable water supply at Wray Hatchery, the Sandsage State Wildlife Area (SWA), and the Stalker Lake SWA. “When a project or integrated system is comprised of several features, work on one feature of the project or system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system” C.R.S. § 37-92-301(4)(b). 5. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: During the applicable diligence period, Applicant has taken steps to diligently develop the subject storage and exchange water rights including, without limitation, the activities described below. This list is not intended to be exhaustive and may be supplemented by additional evidence. The water rights which are the subject of this Application are part of an integrated water supply system designed

to provide a sufficient and reliable water supply at Wray Hatchery, the Sandsage SWA, and the Stalker Lake SWA. CPW has continued to actively maintain and manage the SWAs to provide recreational opportunities such as hunting, fishing, hiking and wildlife viewing. CPW has conducted monthly reviews of the water court resume to determine whether to enter cases in order to protect its water rights in Water Division No.1, including the conditional water rights which are the subject of this Application. CPW has also met internally to discuss how to develop and maintain these conditional water rights. Certain parts of this Stalker Lake/Wray-2 Reservoir Storage Exchange are currently inoperable because Wray-2 Reservoir has not been constructed. CPW staff has continued to explore the possibility of using the Wray-2 Reservoir water rights at the Wray Hatchery, including use of the Wray-2 Ditch/Pipeline for direct flow piscatorial use, as well as use of Wray-2 Reservoir and the Wray-2 Hatchery Ponds to augment out-of-priority depletions at Wray Hatchery. CPW staff conducted internal meetings to determine the feasibility of obtaining and locating an alternate point of diversion and associated pipeline infrastructure to Stalker Lake to facilitate water use and improve efficiency of hatchery water operations. In 2015, CPW staff submitted formal requests for engineering to determine costs and feasibility for lining several ponds at the Wray Hatchery and for adding a pump at Stalker Reservoir and a pipeline to deliver water from this reservoir to an upper basin on Wray Hatchery. CPW received approval for funding of $319,000.00 in 2020 to implement the project to line eight currently unlined ponds to increase water use efficiency. CPW staff also developed feasibility analyses, conducted site visits and budgeted agency funding for installation of a measurement device below Stalker Lake to improve the measurement accuracy of releases and facilitate administration of exchanges from Stalker Lake.CPW staff conducted internal meetings and site visits to discuss the operations and maintenance of the Wray Hatchery, as well as opportunities to make improvements to the water system. Water availability and feasibility has been studied and discussed at length. CPW staff also attended Republican River Water Conservation District meetings. CPW staff prepared cost estimates for a pipeline to deliver water from the North Fork Republican River to the Wray Hatchery. Additionally, CPW has stored water in Stalker Lake for augmentation purposes and exchange to the Wray Hatchery Pipeline. CPW has also held meetings regarding the operation of this exchange within the integrated water supply system. Certain portions of the Bar 11 Direct Exchange were decreed absolute in 02CW374. As with the Stalker Lake/Wray-2 Reservoir Storage Exchange, certain portions of this exchange are currently inoperable because Wray-2 Reservoir has not yet been constructed. Upon construction, CPW intends to operate the exchange to make absolute those portions which remain conditional. CPW has also held meetings regarding the operation of this exchange within the integrated water supply system.In addition to the foregoing, CPW developed water operations manuals for hatchery staff to facilitate use of water rights associated with the hatchery, and submitted monthly augmentation and water use accounting to Division of Water Resources. CPW’s expenditures associated with Wray Hatchery operations from 2013-2017: Maintenance and Repairs = $60,549.34; Supplies and Materials = $184,086.57; Utilities = $95,455.20. CPW’s diligence application for its Wray-2 water rights includes a detailed outline of additional diligence activities and is being filed on the same date as this application. CPW may file a motion for consolidation of these cases. (6) Names of owners of land upon which structures are located: Applicant. WHEREFORE, Applicant respectfully requests that this Court enter a decree finding that Applicant has exercised reasonable diligence in the development of the above-referenced conditional water rights, continue the conditional water rights in full force as decreed, and for such other relief as this Court deems just and proper. 18CW3100 (03CW231) Retreat Land, LLC, Attn: Amy Dee, P.O. Box 1707, Los Altos, CA 94023 c/o Charles B. White, David S. Hayes, Petros & White, LLC, 1999 Broadway, Suite 3200, Denver, Colorado 80202, (303) 825-1980. APPLICATION FOR AMENDMENT OF PLAN FOR AUGMENTATION, INCLUDING CHANGE OF WATER RIGHTS AND APPROPRIATIVE RIGHT OF EXCHANGE. IN PARK COUNTY. Introduction: The Modified Findings of Fact, Conclusions of Law and Decree of the Court entered on September 21, 2017, in Case No. 03CW231, approved a plan for augmentation for the proposed Lone Rock Subdivision (the “Subdivision”), consisting of up to 187 single family residential lots, to be served by individual on-lot wells, located on approximately 2,500 acres

immediately east of Deer Creek and North of U.S Highway 285, situated in all or portions of Sections 32, 33 and 34 of Township 6 South, Range 72 West of the 6th P.M., and Sections 2, 3, 4, 5, 8, 9, 10 and 11 of Township 7 South, Range 72 West of the 6th P.M. The applicant in Case No. 03CW231 was Lone Rock H2O, LLC (“Lone Rock”). Applicant has entered into a contract to purchase approximately 2,100 acres of land known as Lone Rock Ranch (the “Ranch”), on which the a portion of the Subdivision was to be developed (the remaining approximately 400 acres originally comprising the Subdivision has been sold to Park County), and all of Lone Rock’s remaining interest in the plan for augmentation decreed in Case No. 03CW231 and the water rights described below. Applicant intends to implement an alternate development plan for the Ranch. In general, the new plan for the Ranch entails development of a technology conference and retreat campus (“Campus”), consisting of up to three “villages” and a centralized maintenance facility. A map depicting the boundary of the Ranch and relevant water features is attached to the application as Exhibit A and available for inspection at the office of the Division 1 Water Court or via Colorado Courts E-Filing. The proposed locations of the villages as shown on Exhibit A are for informational purposes only, and the actual locations may ultimately be elsewhere within the area of the Ranch. Water for the Campus villages and maintenance facility will be supplied by water diverted from up to 25 wells to be located on the Ranch property. By this Application, which is filed with the written consent of Lone Rock, Applicant seeks to amend the plan for augmentation approved in the Decree to reflect the revised water sources and demands associated with the new Campus land use plan. AMENDMENT OF PLAN FOR AUGMENTATION Prior decreed plan for augmentation: On June 28, 2006, a Corrected Decree adjudicating a change of water rights and a plan for augmentation was entered in Case No. 03CW231. A Modified Findings of Fact, Conclusions of Law and Decree of the Court was entered on September 21, 2017 in Case No. 03CW231, modifying the previously-approved plan for augmentation (the “Decree”). A. Augmented structures: The Decree provides for replacement of the out-of-priority depletions attributable to up to 187 wells (“Subdivision Wells”) on single family residential lots in the proposed Subdivision. The individual wells are generally limited to 15 gallons per minute, for domestic and irrigation (up to 400 square feet of garden and landscaping per lot) purposes on the individual lots. Depletions from the Subdivision Wells are decreed as tributary to Deer Creek. B. Water rights used for augmentation: Replacement water supplies under the Decree include 12.1 acre-feet of Lone Rock’s remaining interest in fully consumable water available under the following water and water rights, which were changed for augmentation and replacement use by the Decree (collectively, the “Lone Rock Replacement Sources”): i. Parmalee Ditch No. 2: a. Original decree: May 22, 1913, Case No. 1678, Park County District Court. b. Location: The headgate of the Parmalee Ditch No. 2 is decreed on Deer Creek in Section 5, Township 7 South, Range 72 West of the 6th P.M., at a point whence the S1/4 corner of Section 32, Township 6 South, Range 72 West bears North 9º4' West 2,613 feet. c. Source: Deer Creek, tributary to the North Fork of the South Platte River. d. Appropriation Date: May 1, 1867. e. Amount: 0.63 c.f.s. (0.83 c.f.s. was originally decreed to this structure, but 0.20 c.f.s. has been dedicated to an augmentation plan decreed in Case No. 79CW347.) ii. Parmalee Ditch No. 3: a. Original decree: May 22, 1913, Case No. 1678, Court: Park County District Court. b. Location: The Parmalee No. 3 headgate was decreed in Section 5, Township 7 South, Range 72 West, at a point whence the S1/4 corner of Section 32, Township 6 South, Range 72 West bears North 14º55' West 2,700 feet. c. Source: Deer Creek, tributary to the North Fork of the South Platte River. d. Appropriation Date: May 1, 1867. e. Amount: 0.58 c.f.s. iii. Parmalee No. 2 and 3: In Case No. W-7434, 0.60 c.f.s. originally decreed to the Horn and Humphrey Ditches in Case No. 1678 was transferred to the “Parmalee No. 2 and 3” Ditch. The Parmalee No. 2 and 3 is the same structure decreed as the Parmalee Ditch No. 2 in Case No. 1678 in Park County District Court, May 22, 1913. a. Original decree: May 5, 1980, Case No. W-7434, Court: Water Division 1. b. Location: The headgate of the Parmalee No. 2 and 3 is the same as that of the Parmalee Ditch No. 2: a point whence the S1/4 corner of section 32, Township 6 South, Range 72 West bears North 9º4' West 2,613 feet. c. Source: Deer Creek, which is tributary to the North Fork of the South Platte River. d. Appropriation Date: May 1, 1872 . e. Amount: 0.23 c.f.s. from Humphrey Ditch, and 0.37 c.f.s. from Horn Ditch. iv. Flume Ditch: a. Original decree: May 22, 1913, Case No. 1678, Park County District Court. b. Location: The decreed point of diversion for the Flume Ditch is located at a point whence the SE Corner of Section 4, Township 7 South, Range 72 West of the

6th P.M. bears South 89º30' East 4,791 feet. c. Source: Deer Creek, tributary to the North Fork of the South Platte River. d. Appropriation Date: May 1, 1867. e. Amount: 0.48 c.f.s. (4.41 c.f.s. was originally decreed to this structure, but 3.93 c.f.s has been transferred from the Flume Ditch in Case W-7434 and Case 80CW169, leaving 0.48 c.f.s.). In Paragraph 28 of the Decree, the Court abandoned the water rights that were originally decreed to the Horn and Humphrey Ditches in Case No. 1678 and transferred to the Parmalee No. 2 and 3 Ditch in Case No. W-7434, 0.84 c.f.s. of the 1.21 c.f.s. flow decreed to the Parmalee No. 2 Ditch and Parmalee No. 3 Ditch, and 0.19 c.f.s. of the 0.48 c.f.s. decreed to the Flume Ditch. A total of 12.1 acre-feet annually of fully consumable water from the Lone Rock Replacement Sources is dedicated to offset the depletions by the Subdivision, subject to the terms and conditions of the Decree. C. Storage of historic consumptive use: The Decree allows for storage of water attributable to the historical use of the Lone Rock Replacement Sources in Dozier Reservoir No. 2, located in the NE 1/4 of the SE 1/4 of Section 31, Township 6 South, Range 72 West of the 6th P.M., more particularly described as follows: the east abutment of the dam is located at a bearing of North 0º00" East, a distance of 2,300 feet from the Southeast corner of Section 31. Dozier Reservoir No. 2 is filled via the Carruthers Ditch No. 1, with a headgate located on Deer Creek at a point whence the 1/4 Corner between Sections 31 and 32, Township 6 South, Range 72 West, bears North 85º30' East, 1,398 feet. The locations of Dozier Reservoir No. 2 and the Carruthers Ditch No. 1 are shown in the attached Exhibit A. This water may be released as a source of replacement of depletions by the Subdivision. D. Operation of Augmentation Plan: Replacement of cumulative net depletions from the Subdivision Wells is to be made using 12.1 acre-feet of fully consumable water available from the Lone Rock Replacement Sources, in accordance with the terms and conditions set forth in the Decree. Amended plan for augmentation and change of water rights: A. Structures to be augmented: Applicant seeks to amend the Decree by deleting the Subdivision Wells as augmented structures, to be replaced by up to 25 wells located within Section 3; Section 4; the NE1/4, the E1/2 of the NW1/4, the NE1/4 of the SW1/4, and the N1/2 of the SE1/4, all of Section 9; and the NW/14, the NE1/4, and the N1/2 of the SW1/4, all of Section 10, Township 7 South, Range 72 West, 6th P.M., and depicted on Exhibit B attached to the application and available for inspection at the office of the Division 1 Water Court or via Colorado Courts E-Filing (the “Campus Well Field”). The individual wells within the Campus Well Field, the exact locations of which are not presently known, will be constructed to estimated depths of up to 700 feet below ground surface, and will cumulatively pump at a rate not exceeding 650 gallons per minute from the fractured granites and/or alluvial deposits tributary to Roland Creek and/or Deer Creek, which is tributary to the North Fork of South Platte River. Cumulative annual pumping from the Campus Well Field will not exceed 40 acre-feet, for the domestic, sewage treatment, livestock, irrigation, commercial, and fire protection uses associated with the Campus. Applicant will obtain such well permits as necessary for the amended plan for augmentation requested for approval herein. B. Water rights to be used for augmentation: The amended plan for augmentation will utilize 12.144 acre-feet of fully consumable water from the Lone Rock Replacement Sources, described above, and releases from Dozier Reservoir No. 2 and Dozier Reservoir No. 3 (described below), for the replacement of the net out-of-priority depletions attributable to the Campus Well Field. The monthly and annual limitations applicable to the Lone Rock Replacement Sources are set forth in the Decree. C. Additional alternate place of storage: Applicant seeks to add Dozier Reservoir No. 3 as an additional alternate place of storage for up to 3.0 acre-feet of the water attributable to the historical use of the Lone Rock Replacement Sources. Dozier Reservoir No. 3 was decreed in Case No. 79CW346, and is located in the SW1/4 NE1/4 of Section 10, Township 7 South, Range 72 West, 6th P.M., whence the NW corner of said Section 10 bears N 59° W approximately 3,000 feet from the right abutment of the dam. The location of Dozier Reservoir No. 3 is depicted on the attached Exhibit A. Water attributable to the Lone Rock Replacement Sources will be stored in Dozier Reservoir No. 3 by exchange pursuant to the appropriative right of exchange described below, for release pursuant to the amended plan for augmentation described herein. The monthly and annual limitations applicable to the Lone Rock Replacement Sources shall remain as set forth in the Decree. D. Complete statement of amended plan for augmentation: The wells constructed within the Campus Well Field will be used to satisfy the water demands associated with up to three villages and a maintenance facility located on the Campus. All net out-of-priority depletions from such uses will be replaced using the 12.144 acre-feet

of fully consumable water available from the Lone Rock Replacement Sources and releases from Dozier Reservoir No. 2 and/or Dozier Reservoir No. 3. Water demands and depletions associated with the Campus are estimated as follows. This information is provided for informational purposes. All diversions will be metered, and replacement of depletions will be based on metered data: i. Village dormitories: The three villages planned for the Campus will be constructed in phases. The first village will include a dormitory facility with up to 60 single-occupancy rooms, with a shower, sink and toilet (no kitchens). The second village will include up to 90 rooms, and the third village will include up to 120 rooms. The dormitories are estimated to be occupied for a total of approximately 264 nights per year, and, with the exception of transition days between seminar sessions, only half of the rooms in the dormitories will be occupied at any given time. Water demands for the dormitories are estimated at 60 gallons per occupied room per night. Total annual water demands associated with the dormitory at the first village are estimated to be 1.86 acre-feet. Total dormitory demands for the second and third villages are estimated to be 2.79 acre-feet per year and 3.72 acre-feet per year, respectively. ii. Lodge: Each village will include a lodge with commercial kitchen, communal dining area, and restroom facilities. Water demands associated with the lodge at the first village are estimated to be 0.5 acre-feet per year. Demands for the second and third village lodges are estimated to be 0.75 acre-feet and 1.0 acre-feet per year, respectively. iii. Hot springs facility: Each village will include a hot springs facility including hot tub/sauna facilities, yoga or fitness center, and restrooms. Depending on final site layout, the yoga/fitness center may be in a separate building. Water demands associated with the hot springs facility at the first village are estimated to be 0.32 acre-feet per year. Demands at the second and third villages are estimated to be 0.48 acre-feet and 0.64 acre-feet per year, respectively. iv. Conference center: Each village will include a conference center, consisting of individual classrooms and restroom facilities. Water demands associated with the conference center at the first village are estimated to be 0.31 acre-feet per year. Demands associated with the conference center at the second and third villages are estimated to be 0.47 and 0.62 acre-feet per year, respectively. v. Fire suppression. Water requirements for fire suppression at all facilities are estimated to be 0.37 acre-feet per year, fully-consumptive. vi. Livestock: Up to 10 sheep and 10 goats may be kept at the Campus. Livestock water demands are estimated at 4 gallons per head per day, being 100% consumptive. Total water demands associated with livestock are estimated to be 80 gallons per day, and 0.09 acre-feet per year. vii. Irrigation: Native vegetation landscaping may be included at each village, with an estimated irrigation requirement of 0.75 acre-feet per acre. Applicant will limit the cumulative area landscaped at the three villages to a maximum of 7.5 acres. The water requirement for the maximum irrigated acreage is estimated to be 5.63 acre-feet per year. Irrigation water will be applied using drip systems, which use will be separately metered and will be considered 100% consumptive. viii. Maintenance facility: An approximately 5000 square foot central maintenance facility will be located on the Campus. Water demands associated with restroom facilities and utility sink at the facility are estimated to be 75 gallons per day and 0.08 acre-feet per year. ix. Wastewater: Wastewater associated with the dorms, lodge, conference center, and maintenance facility will be treated by centralized wastewater treatment facility discharging to Roland Gulch, with a 5% consumptive rate. Total annual diversions from the Campus Well Field for the uses estimated above will be limited to a maximum of 40 acre-feet. Total annual depletions are estimated to be no more than 8 acre-feet. Applicant reserves the right to amend the foregoing estimates, including the occupancy schedule, and estimated water requirements without amending this Application or republishing the same, provided the maximum annual depletions do not exceed 8 acre-feet. To ensure adequate protection of senior vested water rights during dry years, the Applicant proposed to dedicate the remainder of the 12.144 acre-feet of fully consumable water to the plan for augmentation. During any year that the plan for augmentation does not need that additional quantity of fully consumable water, Applicant may use such fully consumable water as approved by a future decree of this Court or an approved Substitute Water Supply Plan. Applicant will install measuring devices and will devise accounting forms to record all diversions, depletions and replacements made pursuant to this plan for augmentation as required by the decree entered pursuant to this Application. Accordingly, the provisions of Paragraph 41.A of the Decree are unnecessary and may be deleted. Applicant does not intend to subdivide the Ranch. Accordingly, paragraph 25 of the Decree may be amended to require accounting by the Applicant or its successor(s). Applicant requests that other

conforming amendments to the terms and conditions of the Decree be made to reflect the changes in the number, location, and source of the wells and the type of facilities and water uses proposed in the amended plan for augmentation. The amended plan for augmentation will allow the out-of-priority operation of the Campus Well Field under the terms and conditions described herein in a manner that will prevent injury to vested water rights and decreed conditional water rights. The water to be provided for augmentation shall be of a quality and quantity so as to meet the requirements for which the water has been used by senior downstream appropriators, and therefore meet the requirements of § 37-92-305(5), C.R.S. Appropriative rights of exchange: As a component of the amended augmentation plan, Applicant has appropriated the following rights of exchange: A. Campus Well Field Exchange: i. Upstream terminus: The upstream terminus is the uppermost point of depletion of the Campus Well Field on Roland Gulch, in the NW1/4 of the NW1/4 of the NW1/4 of Section 3, Township 7 South, Range 72 West, 6th P.M., at UTM coordinates (Zone 13N, NAD83) N: 4369522.92 (meters), and E: 461617.65(meters). ii. Downstream terminus: The downstream terminus is the confluence of the North Fork of South Platte River and Roland Gulch, in the NW1/4 NE1/4 SE1/4 Section 30, Township 7 South, Range 71 West, 6th P.M., at UTM coordinates (Zone 13N, NAD83) N: 4362211.83 (meters), and E: 467749.46 (meters). iii. Rate: 0.05 c.f.s., conditional. iv. Source of replacement water: Lone Rock Replacement Sources, described above, and releases from Dozier Reservoir No. 2, as described above, and Dozier Reservoir No. 3, as described above. v. Date of appropriation: June 29, 2018, on which date there was a concurrence of intent to appropriate and overt acts in furtherance of such intent, including, without limitation, the filing of the Application. vi. Use: Replacement of net out-of-priority depletions associated with the Campus Well Field. B. Dozier Reservoir No. 3 Exchange: i. Upstream terminus: The upstream terminus is the Dozier Reservoir No. 3, located in the SW1/4 NE1/4 of Section 10, Township 7 South, Range 72 West, 6th P.M., whence the NW corner of said Section 10 bears N 59° W approximately 3,000 feet from the right abutment of the dam. ii. Downstream terminus: The downstream terminus is the confluence of the North Fork of South Platte River and Roland Gulch, in the NW1/4 NE1/4 SE1/4 of Section 30, Township 7 South, Range 71 West, 6th P.M., at UTM coordinates (Zone 13N, NAD83) N: 4362211.83 (meters), and E: 467749.46 (meters). iii. Rate and volume: 5 c.f.s., conditional, up to 3.0 acre-feet per year. iv. Source of replacement water: Lone Rock Replacement Sources, described above, and releases from Dozier Reservoir No. 2, as described above. v. Date of appropriation: June 29, 2018, on which date there was a concurrence of intent to appropriate and overt acts in furtherance of such intent, including, without limitation, the filing of the Application. vi. Use: Storage for augmentation and replacement pursuant to the plan for augmentation, as amended by this Application. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Lone Rock Ranch, LLC, 8361 S. Sangre De Cristo, Ste. 200, Littleton, CO 80127, and Dozier Family Ranch, LLC, 64775 US Hwy 285, Bailey, CO 80421. WHEREFORE, Applicant respectfully requests that the Court enter a judgment and decree that: A. Approves the amendment to the plan for augmentation previously decreed in Case No. 03CW231, as more fully described herein; B. Approves the additional alternate place of storage of the Lone Rock Replacement Sources in Dozier Reservoir No. 3; C. Approves the conditional appropriative rights of exchange described herein; D. Finds that the amended plan for augmentation, change of water rights, and exchange will not injuriously affect the owners of or persons entitled to use water under a vested water right or decreed conditional water right; and E. Grants such other relief to Applicant as the Court deems just and proper. 18CW3101. Keith A. Barto and Ashley A. Barto, 41 Tamarade Drive, Littleton, Colorado 80127. Attorneys for Applicants: David F. Bower (#39405), Michael S. Davidson (#42319), JOHNSON & REPUCCI LLP, 850 W. South Boulder Road, Suite 100, Louisville, Colorado 80027, E-mail: dfbower@j-rlaw.com; msdavidson@j-rlaw.com. Application for Determination of Underground Water Rights in the Denver Basin Aquifers IN DOUGLAS COUNTY. Parcel Description Information. The parcel which is the subject of this application is approximately 21.92 acres of land located in the NW1/4 of Section 2, Township 8 South, Range 66 West of the 6th P.M., Douglas County, Colorado. A map showing the location

and boundaries of the subject parcel is attached hereto as Exhibit A. A legal description of the subject parcel is included with Applicants’ deed for the property, which is attached hereto as Exhibit B. The street address for the subject parcel is 1887 N. State Highway 83, Franktown, Colorado 80116. Parcel Ownership Information. Applicants’ claim to the Denver Basin water underlying the subject parcel is based on their ownership of the property as joint tenants. A copy of the deed demonstrating Applicants ownership of the subject parcel, dated June 1, 2018 and recorded in the Douglas County real property records on June 11, 2018 at Reception No. 2018034795, is attached hereto as Exhibit B. Certification of Notice to Interested Parties. Applicants own the subject parcel free and clear of all liens and encumbrances and no other person or entity has a financial interest in the subject parcel. Accordingly, Applicants certify compliance with the notice requirements of C.R.S §37-92-302(2). Source of Water. Applicants seek a decree adjudicating all of the not nontributary and nontributary ground water in the Denver Basin aquifers underlying the subject parcel. Specifically, Applicants are claiming all of the ground water in the not nontributary groundwater in the Upper Dawson aquifer and all of the nontributary groundwater in the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers, subject to confirmation from the State Engineer’s Office. Applicants shall not withdraw any of the not nontributary water until a plan for augmentation is approved permitting the same. Applicants shall relinquish to the stream system two percent (2%) of any and all of the nontributary water withdrawn on an annual basis pursuant to Rule 8 of the Denver Basin Rules, 2 CCR 402-6, as those rules may be amended from time to time. Estimated Amounts Claimed and Rates of Withdrawal. Applicants request the right to withdraw all of the legally available groundwater from the nontributary and not nontributary sources underlying the subject parcel at rates of flow necessary to withdraw the entire amount permitted under any decree granted pursuant to this application. Applicants will withdraw all of the groundwater in all of the adjudicated aquifers through a well or wells to be located anywhere on the subject parcel. Said amounts may be (a) withdrawn over the 100-year life of the aquifers as set forth in C.R.S. §37-90-137(4); (b) withdrawn over a longer time based upon actual withdrawal or local government regulations; or (c) withdrawn subject to the banking provisions of Rule 8.A of the Statewide Nontributary Groundwater Rules, 2 CCR 402-7, as those rules may be amended from time to time. The estimated average annual amounts of withdrawal from the subject aquifers as indicated below are based upon the Denver Basin Rules, 2 C.C.R. 402-6, and the Bedrock Aquifer Evaluation Tool provided by the State Engineer’s Office. Applicants estimate that the following values and average annual amounts are representative of the aquifers underlying the subject property:

Aquifer Overlying Land (acres)

Saturated Sand Thickness (feet)

Type Annual Withdrawal (af/yr)

Upper Dawson 21.92 87.7 NNT 3.9 Lower Dawson 21.92 45.6 NT 2.0 Denver 21.92 257.4 NT 9.6 Arapahoe 21.92 268.4 NT 10.0 Laramie-Fox Hills 21.92 188.2 NT 6.2 Total Not Nontributary (NNT): 3.9 Total Nontributary (NT): 27.8 Total: 31.7

Although Applicants have estimated the amount of water available from the Denver Basin aquifers, Applicants request the right to revise the estimates upward or downward based on revised data, without the necessity of amendment to or republication of this application, in any final decree. Uses or Proposed Uses. Water withdrawn from the subject parcel will be used, reused, and successively used to extinction for any and all allowable beneficial uses, including but not limited to domestic, municipal, industrial, commercial, irrigation, livestock watering, fire protection, recreational, fish and wildlife, augmentation, replacement, and exchange. The water may be immediately used or stored for subsequent use, used for exchange purposes, for direct replacement of depletions, and for other augmentation purposes, including taking credit

for all return flows resulting from the use of such water for augmentation of, or as an offset against, any out-of-priority depletions. The water may be leased, sold, or otherwise disposed of for all of the above uses. Well Permit Information. To the best of Applicants knowledge, there are no wells located on the subject parcel that are drilled into any of the Denver Basin aquifers. Accordingly, Applicants are not seeking a determination of the underground water rights that may be associated with any Denver Basin well on the property. Applicants may continue to withdraw groundwater from any non-Denver Basin well located on the property pursuant to an approved permit from the State Engineer’s Office. Remarks. Applicants waive any six hundred foot spacing rules as described in C.R.S. § 37-90-137(2), as between all wells located on the subject parcel. To date, Applicants development plans contemplate subdividing the property and allocating and conveying a proportionate amount of the Denver Basin water rights decreed in this matter to each of the new parcels. However, Applicants reserve the right to modify development plans, including to withdraw the water decreed to the subject parcel using only a single well or from any combination of wells in a well field, as allowed pursuant to 2 CCR 402-7. AMENDMENTS 15CW3178 DISTRICT COURT, WATER DIVISION NO. 1, STATE OF COLORADO, 901 9th Avenue, Room 418, Greeley, CO 80631. CONCERNING THE APPLICATION FOR WATER RIGHTS OF TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. in the South Platte River and its tributaries in ADAMS AND WELD COUNTIES. SECOND AMENDED APPLICATION FOR CHANGE OF WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION INCLUDING EXCHANGE AND CONDITIONAL WATER RIGHT. 1.Name, address and phone number of applicant: Tri-State Generation and Transmission Association, Inc.,1100 W. 116th Ave., Westminster, CO 80234, 303-452-6111,copies of all pleadings to: Kevin J. Kinnear, Cassidy L. Woodard, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302. 2. Application for Change of Water Right: Applicant is changing a total of 212 shares of capital stock (“Applicant’s Fulton Water”) out of a total of 7,185 shares outstanding (7,200 issued) of the Fulton Irrigating Ditch Company (the “Company”), which owns a decree for a total 204.18 cfs for irrigation use for the Fulton Ditch with an adjudication date of April 28, 1883 in Case No. 6009, District Court, Arapahoe County. There are three priorities decreed to the Fulton Ditch: (1) Priority No. 8 (original construction) in the amount of 79.7 cfs, with an appropriation date of May 1, 1865; (2) Priority No. 43 (First Enlargement) in the amount of 74.25 cfs with an appropriation date of July 8, 1876; and (3) Priority No. 51 (Second Enlargement) in the amount of 50.23 cfs, with an appropriation date of November 5, 1879. Applicant’s shares represent approximately 2.95% of the water rights and related interests in the Company, which is equal to a total of approximately 6.025 cfs of water under the three Fulton Ditch priorities. The source of water for the Fulton Ditch is the South Platte River, and the point of diversion is located in the NE1/4 NE1/4 SE1/4 of Section 17, T.2S., R.67W., 6th P.M., Adams County, Colorado, pursuant to the decree in Case No. 12CW180, District Court in and for Water Division No. 1. The original decree described the point of diversion as being near section 9, between sections 16 and 17, T.2S., R.67W., 6th P.M. Detailed description of proposed change: Applicant seeks to quantify the historical consumptive use associated with the Applicant’s Fulton Water and change the use of the resulting consumptive use water to be used for augmentation (replacement) use, to replace out of priority depletions. Currently, such out of priority depletions will be associated with diversions at the wells described in paragraph 3.A below for use at the J.M. Shafer Generating Station and the adjacent greenhouse, and for storage in the Perry Pit East Reservoir for later releases for augmentation/replacement use. Applicant also seeks the right to store the historical consumptive use amount of Applicant’s Fulton Water in the Holton Lake Reservoir No. 1, which is described in paragraph 3.D below, for subsequent release for such augmentation/replacement use. An analysis of the historical consumptive use of Applicant’s Fulton Water has been completed. The shares were historically used to irrigate land indicated on Exhibit A, attached hereto, consisting of an average of 106.0 acres located within Sections 17 and 20, and an average of 99.2 acres located within Section 18, T.1N., R.66W., 6th P.M. The average annual net depletion (historical consumptive use) associated with Applicant’s Fulton Water is equal to 317.1 acre-feet

per year. The average monthly diversion, consumptive use, and irrigation return amounts associated with Applicant’s Fulton Water are set forth on the attached Exhibits B – D. Non-irrigation season return flows will be replaced from storage as described in paragraph 3 below. Applicant has secured dry-up covenants with the former owners of Applicant’s Fulton Water. Applicant hereby appropriates the historical return flows associated with Applicant’s Fulton Water for uses described herein, including in the plan for augmentation described below, with an appropriation date as of the date of filing this Second Amended Application. The amount of water claimed is all of the return flow volume not subject to a call senior to the date of this Second Amended Application not to exceed the total amount of return flows, at a rate to be determined by the accounting forms established for the plan for augmentation. Return flows will be maintained in the river in response to valid calls senior to the date of this Second Amended Application. The location of the Fulton Ditch headgate and the approximate location of historical use of the rights and proposed place of use and place of storage are shown in Exhibit E. Summaries of records of actual diversions of the Fulton Ditch water rights are attached hereto as Exhibit F. 3. Application for Approval of Plan for Augmentation, including Exchanges: By this application, Applicant will augment out of priority depletions resulting from the diversion and use of water from the wells described in paragraph 3.A. below. A. Names of Structures to be Augmented: 1. Wells 1, 3, 4, 5, 6, 7, 10, 13, which are owned by the City of Fort Lupton (the “Fort Lupton Wells”) and used in part by Applicant pursuant to the terms of that certain Annexation Agreement dated December 6, 1991, between Thermo Carbonic, Inc., Rennoc Corporation, and the City of Fort Lupton and the Findings of Fact, Conclusions of Law, Judgment and Decree of the Water Court, Case No. 03CW119, District Court in and for Water Division No. 1 (“Water Court”). The water rights associated with the foregoing wells are described as follows: a. Well 1, permit no. 19493-R-R, decreed in Case No. W-3766 for municipal uses and in Case No. 03CW119 for uses at the J.M. Shafer Generating Station in the amount of 2.89 cfs, with an appropriation date of December 31, 1925 and an adjudication date of June 5, 1974. Well 1 is located in the NE1/4 SE1/4 Section 6, T.1 N., R. 66 W., 6th P.M. b. Well 3, permit no. 19493-T-R, decreed in Case No. W-3766 for municipal uses and in Case No. 03CW119 for uses at the J.M. Shafer Generating Station in the amount of 2.44 cfs, with an appropriation date of December 31, 1941 and an adjudication date of June 5, 1974. Well 3 is located in the NE1/4 NE1/4 Section 6, T.1 N., R. 66 W., 6th P.M. c. Well 4, permit no. 12626-R, decreed in Case No. W-3766 for municipal uses and in Case No. 03CW119 for uses at the J.M. Shafer Generating Station in the amount of 2.22 cfs, with an appropriation date of June 30, 1957 and an adjudication date of June 5, 1974. Well 4 is located in the NW1/4 NE1/4 Section 6, T.1 N., R. 66 W., 6th P.M. d. Well 5, permit no. 20026-R, decreed in Case No. W-3766 for municipal uses and in Case No. 03CW119 for uses at the J.M. Shafer Generating Station in the amount of 2.44 cfs, with an appropriation date of May 1, 1942 and an adjudication date of June 5, 1974. Well 5 is located in the SE1/4 SE1/4 Section 6, T.1 N., R. 66 W., 6th P.M. e. Well 6, permit no. 14807-R, decreed in Case No. W-3766 for municipal uses and in Case No. 03CW119 for uses at the J.M. Shafer Generating Station in the amount of 2.66 cfs, with an appropriation date of November 30, 1920, and an adjudication date of June 5, 1974. Well 6 is located in the NE1/4 SE1/4 Section 31, T.2 N., R. 66 W., 6th P.M. f. Well 7, permit no. 6221-R, decreed in Case No. W-3766 for municipal uses and in Case No. 03CW119 for uses at the J.M. Shafer Generating Station in the amount of 2.22 cfs, with an appropriation date of September 30, 1951 and an adjudication date of June 5, 1974. Well 7 is located in the SE1/4 SE1/4 Section 31, T.2 N., R. 66 W., 6th P.M. g. Well 10, permit no. 10030-F, decreed in Case No. W-3766 for municipal uses and in Case No. 03CW119 for uses at the J.M. Shafer Generating Station in the amount of 2.66 cfs, with an appropriation date of March 24, 1966 and an adjudication date of June 5, 1974. Well 10 is located in the SE1/4 SW1/4 Section 31, T.2 N., R. 66 W., 6th P.M. h. Well 13, permit no. 15273-R, decreed in Case No. W-3766 for municipal uses and in Case No. 03CW119 for uses at the J.M. Shafer Generating Station in the amount of 2.22 cfs, with an appropriation date of July 31, 1947 and an adjudication date of June 5, 1974. Well 13 is located in the SE1/4 SW1/4 Section 32, T.2 N., R. 66 W., 6th P.M. Applicant currently augments the foregoing wells pursuant to the decree in Case No. 03CW119. 2. The wells that are decreed as alternate points of diversion for the Perry Pit East Reservoir (the “Perry Pit Wells”) in Case No. 07CW30. The rate of diversion for all three wells is 3000 gallons per minute (gpm) or 6.69 cubic feet per second (cfs) and such diversion shall be limited to times of live stream flow. a. Well No. 1 (Permit No.

62953-F): West bank of the South Platte River in the NW1/4 NW1/4 of Section 30, T.1N., R.66W. of the 6th P.M., Weld County, Colorado, approximately 120 feet from the north line and 975 feet from the west line of said section, the point at which depletions from well pumping impact the South Platte River is located 1060 feet from the west section line, 20 feet from the north section line. b. Well No. 2 (Permit No. 62954-F): West bank of the South Platte River in the NW1/4 NW1/4 of Section 30, T.1N., R.66W. of the 6th P.M., Weld County, Colorado, approximately 445 feet from the north line and 1040 feet from the west line of said section, the point at which depletions from well pumping impact the South Platte River is located 1165 feet from the west section line, 360 feet from the north section line. c. Well No. 3 (Permit No. 62955-F): West bank of the South Platte River in the NW1/4 NW1/4 of Section 30, T.1N., R.66W. of the 6th P.M., Weld County, Colorado, approximately 710 feet from the north line and 920 feet from the west line of said section, the point at which depletions from well pumping impact the South Platte River is located 955 feet from the west section line, 700 feet from the north section line. Applicant originally sought to divert Applicant’s Fulton Water by exchange at the Perry Pit Wells. By virtue of the Order Determing [sic] Questions of Law dated March 7, 2018, the Court ordered that exchanges cannot operate to wells with lagged depletions, but instead Applicant must adjudicate a plan for augmentation to use these Perry Pit Wells. As a result, Applicant is hereby adjudicating a new conditional water right for the Perry Pit Wells and including them as augmented structures in Applicant’s plan for augmentation. Applicant hereby appropriates a new water right for the Perry Pit Wells at a rate of up to 6.03 cfs total (up to 2.23 cfs at each well) in the amount of 500 acre-feet, conditional, plus one refill in the amount of 200 acre-feet, conditional, from ground water tributary to the South Platte River, for storage in Perry Pit East Reservoir and then subsequent use for augmentation/replacement of out of priority depletions, with an appropriation date as of the date of filing this Second Amended Application. Water stored out of priority will be augmented as set forth in paragraph 3.C below. The location of the Perry Pit East Reservoir was described in Water Court Case Nos. 07CW30 and 12CW180 as follows: located in the NE1/4 of Section 25, T.1N., R.67W. of the 6th P.M., and the NW1/4 of Section 30, T.1N., R.66W. of the 6th P.M., Weld County, Colorado. The approximate centroid of the Perry Pit East Reservoir is in Section 25, T.1N., R.67W. of the 6th P.M., at a point 862 feet from the north section line and 78 feet from the east section line of said Section 25. B. Augmentation Water Rights: Applicant’s Fulton Water in paragraph 2 above, and the water stored in Perry Pit East Reservoir pursuant to paragraph 3.A.2 above. C. Statement of plan for augmentation: Applicant will divert water from the Fort Lupton Wells described in paragraph 3.A.1 above for use at the J.M. Shafer Generating Station and the adjacent greenhouse for industrial, commercial and irrigation uses. Applicant also will divert water from the Perry Pit Wells described in paragraph 3.A.2 above for storage in Perry Pit East Reservoir, then subsequently release the stored water from said reservoir to replace out of priority depletions and historical return flow obligations when the call is senior to the date of this Application. All out of priority depletions resulting from such well pumping will be replaced with Applicant’s Fulton Water described in paragraph 2 above, as changed and quantified herein, and/or with water stored under the new conditional water right described in paragraph 3.A.2. Replacement using Applicant’s Fulton Water will be made by diverting Applicant’s Fulton Water at the Fulton Ditch headgate and returning Applicant’s Fulton Water, less ditch loss, to the South Platte River through one or more of any Fulton Ditch augmentation station. Such returned water will be used immediately to replace out of priority depletions, and/or it will be exchanged into storage for later augmentation use. In addition, Applicant’s portion of irrigation season return flows will be returned to the South Platte River through one or more of any Fulton Ditch augmentation station (non-irrigation season return flows will be stored and subsequently released to the South Platte River). Irrigation season and non-irrigation season return flows will be maintained in the river in response to valid calls senior to the date of this Application. Applicant will use one or more of the following augmentation stations located on the Fulton Ditch: 1. the Fort Lupton Augmentation Station, located at the 72” storm sewer outfall at a headwall in SW1/4 SE1/4 of Section 31, T.2N., R.66W., 6th P.M., a distance of approximately 1,320 feet from the south section line and 1,720 feet from the east section line. 2. the Central Colorado Water Conservancy District Augmentation Station (“CCWCD Augmentation Station”), located in the NW1/4 of Section 8, T.1N., R.66W., 6th P.M., the outfall of which is located at a point in the SE1/4 NW1/4 Section 7, T.1N., R.66.W., 6th P.M., approximately 2,590 from north line and

1,640 from west line. 3. the South Adams “Headgate” Augmentation Station, located in the NW1/4 of Section 16, T.2S., R.67W. of the 6th P.M., at or upditch from 104th Avenue, to release water to the South Platte River near the east section line of Section 17, T.2S., R.67W. of the 6th P.M. 4. the County Line (aka Midland) Augmentation Station, located in the SW1/4 of the NE1/4, Section 5, Township 1 South, Range 66 West of the 6th P.M., the outfall of which is located near the north section line of Section 6, Township 1 South, Range 66 West of the 6th P.M. 5. the Gravel Lakes Augmentation Station, located in the SE1/4 of the NE1/4, Section 9, Township 2 South, Range 67 West of the 6th P.M., the outfall of which is located at any of the three following locations in Township 2 South, Range 67 West of the 6th P.M.: i) NW1/4, Section 9; ii) SW1/4, Section 4 above the headgate of the Brantner Ditch; or iii) near the north quarter corner of Section 3. 6. the 148th Avenue Augmentation Station, located on the south edge of the SW1/4 of the NW1/4 of Section 17, Township 1 South, Range 66 West of the 6th P.M, the outfall of which is via the outlet of Ken Mitchell Lakes which is located in the SE1/4 of Section 11, Township 1 South, Range 67 West of the 6th P.M. approximately 416 feet from the South Section line and 1,071 feet from the East Section line. 7.the 148th Avenue Augmentation Station on the Fulton Lateral, located on the SE corner of the SW1/4 of the NW1/4 of Section 18, Township 1 South, Range 66 West of the 6th P.M., the outfall of which is via the outlet of Ken Mitchell Lakes described above. 8. the 124th Avenue Augmentation Station, located on the north edge of the NE1/4 of the SW1/4, Section 35, Township 1 South, Range 67 West of the 6th P.M., the outfall of which is via 124th Avenue Reservoir Outfall located in the NW1/4 of the SE1/4 of Section 35, Township 1 South, Range 67 West of the 6th P.M. 9. the 144th Direct Augmentation Station, located on the east edge of the NE1/4 of the NE1/4, Section 24, Township 1 South, Range 67 West of the 6th P.M., the outfall of which is via Ken Mitchell Lakes outlet described above. 10. the Erger Direct Augmentation Station, located on the NW corner of the SE1/4 of the NW1/4, Section 18, Township 1 South, Range 66 West of the 6th P.M., the outfall of which is via Ken Mitchell Lakes outlet described above; via Brighton’s South Drain Outfall located in the SE1/4 of the NW1/4 of the NE1/4 of Section 12, Township 1 South, Range 67 West of the 6th P.M.; and via outlet from Erger’s Pond. 11. the United Augmentation Station, to be located in the SE1/4 of the NE1/4 of Section 17, Township 1 North, Range 66 West of the 6th P.M., the outfall of which will be located in the NE1/4 of the NW1/4 of Section 18, Township 1 North, Range 66 West of the 6th P.M. D. Statement of exchanges: Applicant will operate exchanges of water from the Fort Lupton Augmentation Station upstream to the diversion points for Holton Lake Reservoir No. 1. Applicant will subsequently use the water so stored to augment out of priority depletions and to replace non-irrigation season irrigation return flows. The rate of the exchange is 6.03 cfs, conditional, with an appropriation date of December 31, 2015. The source of water is Applicant’s Fulton Water described in paragraph 2, above. The downstream termini of the exchanges are located at the Fort Lupton Augmentation Station, described in paragraph 3.C.1 above. The upstream termini of the exchanges are located at Holton Lake Reservoir No. 1, to be located in portions of the SE1/4 SW1/4, the SW1/4 SW1/4, and the SW1/4 SE1/4 of Section 6, and the NE1/4 NW1/4, the NW1/4 NW1/4, and the NW1/4 NE1/4 of Section 7, T.1N., R.66W. of the 6th P.M., Weld County, Colorado. The point of diversion from the South Platte River into Holton Lake Reservoir No. 1 will be a headgate for Holton Lake Pipeline No. 2, which has not been constructed, that will divert surface water from the South Platte River on the East bank of the South Platte River at a point in the NW1/4 of the NW1/4 of Section 7, T.1N., R.66W., 6th P.M., approximately 520 feet from the north section line and 1100 feet from the west section line of the NW1/4 of said Section 7. Water also can be delivered to Holton Lake No. 1 via a lateral from the Fulton Ditch, the point of diversion of which is described in paragraph 2 above. Applicant is negotiating a sub-lease with the City of Fort Lupton for space in the Perry Pit East Reservoir, for which the City of Fort Lupton has leased space from Consolidated Mutual Water Company. Applicant is negotiating a purchase of capacity in Holton Lake Reservoir No. 1. 5. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. Applicant is the owner of the land upon which water will be placed to beneficial use. Holton Family LLC, 12032 Hwy. 52, Fort Lupton, CO 80621, is the owner of the land upon which Holton Lake Reservoir No. 1 will be located. Applicant will notify these owners that the Applicant is applying for this change of water right,

and plan for augmentation including exchange and conditional water right, and will certify to the Court that it has done so by no later than 14 days after filing this application. 17CW3213, Riviera Circle Lake Club, P O Box 27144, Denver, CO 80227, (303) 986-1551, through counsel, Evan D. Ela and Joseph W. Norris, Collins Cockrel & Cole, P.C., 390 Union Blvd., #400, Lakewood, CO 80215, (303) 986-1551, SECOND AMENDMENT OF APPLICATION FOR CONFIRMATION OF WATER STORATE RIGHT in DENVER AND JEFFERSON COUNTIES. 1. Reason for Amendment. Applicant filed its Application for Confirmation of Water Storage Right on December 29, 2017. Applicant filed its First Amendment of the Application on January 26, 2018 to correct the caption and re-publish the Application in its entirety to include Jefferson County, Colorado. Applicant seeks this Second Amendment of the Application to add claims for aesthetic, recreation, piscatorial, and wildlife uses and to claim the additional source of fill from local inflows. Accordingly, the date of initiation of appropriation for the water storage right claimed herein has been modified to reflect the additional claimed uses. In accordance with the Division 1 Water Court Administrative Order No. 12-04, the entire Application is restated below. Any Statements of Opposition previously filed in the case shall be of continuing force and effect and applicable to this Second Amendment. 2. Purpose of Application. Applicant requests a decree granting an absolute water storage right for irrigation, aesthetic, recreation, piscatorial, and wildlife purposes for the existing Ward Reservoir No. 5 (aka “Riviera Circle Lake”) diverting from Clear Creek via the Agricultural Ditch. By making this application, the Applicant reserves its right to pursue, in a separate proceeding, a determination of the water court that a storage right for Riviera Circle Lake has been decreed in prior decrees. 3. Name of Reservoir. Ward Reservoir No. 5 aka Riviera Circle Lake. 4. Legal Description. Riviera Circle Lake is located in the North One Half of Section 30, Township 4 South, Range 68 West of the 6th P.M., Denver County, Colorado. UTM coordinates for a point on the dam at the outlet of the reservoir are Northing: 672676.925, Easting: 129340.327. 5. Source. Direct diversions from Clear Creek and local inflows into Riviera Circle Lake, tributary to the South Platte River; 6. Name of Ditch Used to Fill Reservoir: (a) The Agricultural Ditch, the headgate of the Agricultural Ditch is located on the south bank of Clear Creek in the City of Golden, in the SW 1/4 of Section 27, Township 3 South, Range 70 West, of the 6th P.M., Jefferson County, Colorado; UTM Coordinates (NAD 83) Northing: 4400899; Easting: 481172; (b) Amount Claimed: 148.13 acre-feet, at a divertible flow rate of 7.5 cfs at the river headgate of the Agricultural Ditch, with the right to initially fill and continuously refill whenever in priority, up to a maximum volume of 296.26 acre-feet per year; (c) Appropriation was initiated: (i) For irrigation use, as evidenced by the State Engineer’s certification of the official map and statement of the Enlargement of the Ward Reservoir No. 5, originally filed May 14, 1889, and approved by the State Engineer August 13, 1926, commencement of construction of the original Ward Reservoir No. 5 and said enlargement to Ward Reservoir No. 5, described therein as taking water through the Agricultural Ditch; (ii) for aesthetic, recreation, piscatorial, and wildlife uses, as evidenced by organization of the Riviera Circle Lake Club and filing with the Colorado Secretary of State its Articles of Incorporation, dated June 20, 1955 specifically describing the purpose for which the Riviera Circle Lake Club is formed to include the acquisition of “Ward Reservoir No. 5… to develop and maintain the same for fishing, boating, swimming, water skiing, ice skating, and such other recreational and aesthetic purposes for which the Lake may be suited; and to further develop and maintain the same for irrigation purposes.”; (d) Date Water Applied to Beneficial Use: Continuous beneficial use of the water diverted from Clear Creek and stored in Riviera Circle Lake has occurred for irrigation, aesthetic, recreation, piscatorial, and wildlife uses since the dates of appropriation; (e) Uses. Storage for irrigation, aesthetic, recreation, piscatorial, and wildlife; (f) Description of Irrigated Acreage: Applicant intends to continue to irrigate lands owned by the Riviera Circle Lake Club and its residents and members, lands owned by the City and County of Denver and contained within Harvey Park, and lands of the J.W. Allison property; (g) Surface Area of High Water Line. Riviera Circle Lake 17.5 acres, Harvey Park lake 6.24 acres, total surface area = 23.74 acres; (h) Total Capacity of Reservoir. Riviera Circle Lake 113.4 acre-feet, Harvey Park lake 34.73 acre-feet, total capacity = 148.13 acre-feet. 7. Additional Remarks. In addition to storage in the Riviera Circle Lake, Applicant intends to store the water right sought by this Application in what is known as Harvey Park Lake, located

within Harvey Park immediately east of the Riviera Circle Lake and connected to Riviera Circle Lake by pipeline. Said Harvey Park Lake has a surface area of 6.24 acres and a total capacity of 34.73 acre-feet. Harvey Park Lake is owned and operated by the City and County of Denver, is subject to an Agreement between the Applicant and the City and County of Denver, dated January 31, 1957, and has been filled by water claimed by Applicant. 8. Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new or existing diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: (a) Harvey Park Lake is located on a parcel of land owned by the City and County of Denver, 201 W. Colfax Ave. Dept. 401, Denver, CO 80202-5330; (b) Ward Reservoir No. 5 aka Riviera Circle Lake is primarily located on a parcel of land owned by the Applicant. Based upon the real estate records of the county assessor for Denver County, Colorado, portions of Ward Reservoir No. 5 aka Riviera Circle Lake might also be located on portions of the 36 residential lots surrounding the reservoir. (6 pages) 17CW3215 Hunt Water LLC, 14460 WCR 40, Platteville, Colorado 80651, Telephone: (970) 737-2437; (P. Andrew Jones, Wesley S. Knoll, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534, Telephone: (970) 622-8181, E-mail: paj@ljcglaw.com; wes@ljcglaw.com); AMENDED APPLICATION FOR CONDITIONAL WATER STORAGE RIGHT IN WELD COUNTY; Hunt Water Reservoir No. 1; 2. Name of Reservoir: Hunt Water Reservoir No. 1; 3. Legal Description: a. UTM; i. Easting: 515,970 meters. Northing: 4,455,287 meters. ii. Zone 13 (12 or 13) . iii. Source: Spotted from map (centroid location given). iv. Accuracy: N/A b. PLSS i. In the Southeast 1/4 of Section 6, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado ii. 475 feet from the south section line, 430 feet from east section line. Iii. Source: Map 4. Source: South Platte River 5. Fill Ditch: Platte Valley Canal a. Capacity: 200 c.f.s. b. Point of Diversion: In the Northeast Quarter of Section 19, Township 2 North, Range 66 West of the 6th P.M. 6. Date of Appropriation: January 4, 2017. 7. How Appropriation was Initiated: Formation of intent to appropriate, engineering review, site review, site acquisition. 8. Amount Claimed: 199 acre feet, with right to fill and refill as many times as priority will allow, conditional. Rate: 20 c.f.s. 9. Uses: Irrigation, augmentation, replacement, and industrial uses by direct delivery from reservoir, recharge following release from the reservoir, or exchange following release from the reservoir. Uses via recharge to include delivery to recharge sites decreed in 08CW71. Augmentation and replacement uses include use in the PVIC Augmentation Group LLC augmentation plan decreed in 08CW71, and in the Central Colorado Water Conservancy District augmentation plans decreed in 02CW335 and 03CW99. 10. Surface Area at High Water Line: 20 acres (approximate). No dam will be constructed. Any berm surrounding the reservoir will be less than 10 feet in height. 11. Name of Owners of Land: a. Diversion: Platte Valley Irrigation Company, P. O. Box 336483, Greeley, CO 80633. b. Hunt Water Reservoir No. 1 and Hunt Water Reservoir No. 2. David and Kayleen Hunt, 14460 WCR 40 Platteville, CO 80651. Applicant is in the process of acquiring the property from David and Kayleen Hunt. Hunt Water Reservoir No. 2 12. Name of Reservoir: Hunt Water Reservoir No. 2. 13. Legal Description: a. UTM i. Easting: 515,562 meters. Northing: 4,455,624 meters. ii. Zone 13 (12 or 13) iii. Source: Spotted from map (centroid location given) iv. Accuracy: N/A b. PLSS i. In the Southeast 1/4 of Section 6, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado ii. 1,600 feet from south section line, 1,750 feet from east section line iii. Source: Map 14. Source: South Platte River 15. Fill Ditch: Platte Valley Canal a. Capacity: 200 cfs b. Point of Diversion: In the Northeast Quarter of Section 19, Township 2 North, Range 66 West of the 6th P.M. 16. Date of Appropriation: January 4, 2017. 17. How Appropriation was Initiated: Formation of intent to appropriate, engineering review, site review, site acquisition. 18. Amount Claimed: 1200 acre feet, with right to fill and refill as many times as priority will allow, conditional. Rate: 20 c.f.s. 19. Uses: Irrigation, augmentation, replacement, and industrial uses by direct delivery from reservoir, recharge following release from the reservoir, or exchange following release from the reservoir. Uses via recharge to include delivery to recharge sites decree in 08CW71. Augmentation and replacement uses include use in the PVIC Augmentation Group LLC augmentation plan decreed in 08CW71, and in the Central Colorado Water Conservancy District augmentation plans decreed in 02CW335 and 03CW99. 20. Surface Area at High Water Line: 50 acres

(approximate). No dam will be constructed. Any berm surrounding the reservoir will be less than 10 feet in height. 21. In Situ Storage. Applicant may use all or portions of Hunt Water Reservoir No. 2 for in situ storage during and after development of the site. A slurry wall liner will be installed prior to any in situ storage to prevent interception of groundwater. 22. Name of Owners of Land: a. Diversion: Platte Valley Irrigation Company, P. O. Box 336483, Greeley, CO 80633. b. Hunt Water Reservoir No. 1 and Hunt Water Reservoir No. 2. David and Kayleen Hunt, 14460 WCR 40 Platteville, CO 80651. Applicant is in the process of acquiring the property from David and Kayleen Hunt. Hunt Water Recharge Right 23. Name of Right: Hunt Water Recharge Right 24. Source: South Platte River 25. Fill Ditch: Platte Valley Canal a. Capacity: 200 c.f.s. b. Point of Diversion: In the Northeast Quarter of Section 19, Township 2 North, Range 66 West of the 6th P.M. 26. Date of Appropriation: January 4, 2017. 27. How Appropriation was Initiated: Formation of intent to appropriate, engineering review, site review, site acquisition. 28. Rate: 20 c.f.s. 29. Uses: Irrigation, augmentation, replacement, and industrial uses by recharge. Augmentation and replacement uses include use in the PVIC Augmentation Group LLC augmentation plan decreed in 08CW71, and in the Central Colorado Water Conservancy District augmentation plans decreed in 02CW335 and 03CW99. 30. Recharge Site: Hunt Water Recharge No. 1. a. Legal Description: i. UTM 1. Easting: 515,364 meters. Northing: 4,455,837 meters. 2. Zone: 13 3. Source: Spotted from map (centroid location given) 4. Accuracy: n/a ii. PLSS 1. In the Southeast 1/4 of Section 6, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado 2. 2,310 feet from south section line and 2,405 feet from east section. 3. Source: Map b. Surface Area at High Water Line: 5 acres c. Capacity: 16 af d. Aquifer Parameters: T=106,400 gpd/ft; X=11,400 feet; W= 16,800 feet; S=0.2 31. Additional Sites. Applicant seeks a decree that allows the addition of recharge sites served by the Hunt Water Recharge right without need of further water court application. This application consists of 6 pages. 18CW3082, Stephanie D. and Joseph K. Buchanan, 5280 Grand Lake Street, Bellaire, TX. 77401 (James J. Petrock, Petrock Fendel Poznanovic, 700 17th Street, #1800, Denver, CO 80202) APPLICATION FOR WATER STORAGE RIGHT AND EXCHANGE OF WATER RIGHT, JEFFERSON COUNTY, Name of Structures: (a) Boksmati Reservoir. (b) Belle Pointe Exchange. 2. description of Water Rights: Boksmati Reservoir. Location: NE1/4 SW1/4 Section 22, Township 6 South, range 71 West, 6 th PM, Jefferson County, Colorado, at a point approximately 2,450 feet from the South section line and 1500 feet from the West section line of Section 22. The reservoir is located on an unnamed tributary of North Clear Creek. Source: Unnamed tributary of North Clear Creek. Appropriation date: September 1, 2001. How appropriation initiated: Construction of Reservoir. Amount Claimed: 0.2 acre feet, absolute. Date water applied to beneficial use: September 13, 2013. Area at high water line: 400 Square Feet (.01acre). Height of dam: 5 Feet. Length of dam: 10 Feet. Uses: Recreational, piscatorial, wildlife propagation, fire protection and replacement purposes in conjunction with augmentation plan approved in Case #97 CW 282. Owners of land upon which structure is located: Applicants. Belle Pointe Exchange of a portion of the "firm" yield of consumptive use water available from the Mountain Mutual Reservoir Company ("MMRC") portfolio of water rights, as more particularly described in the Decree entered in Case No. 2001 CW293, dated July 16, 2003, to the point of depletion for the wells described in the plan for augmentation decreed in Case No. 97CW282 and to the Boksmati Reservoir as described herein. This is an upstream movement of water. Stream segments impacted by the exchange are portions of Turkey Creek and North Turkey Creek and an unnamed tributary of North Turkey Creek. The downstream point of the exchange is the confluence of Bear Creek and Turkey Creek at Bear Creek Lake in Section 5, Township 5 South, Range 69 West, 6th P.M., Jefferson County, Colorado. The reach of the exchange extends from Bear Creek Lake ; thence up Turkey Creek to the confluence of South Turkey Creek and North Turkey Creek in the NW1/4 NW1/4 of Section 27, Township 5 South, Range 70 West, 6th P.M.; thence up North Turkey Creek to the confluence of North Turkey Creek and an unnamed tributary of North Turkey Creek in the NW1/4 of Section 14, Township 6 South, Range 71 West, 6th P.M.; and thence up the unnamed tributary to the Boksmati Reservoir and the points where depletions from the wells described in the Decree entered in Case No. 97CW282 impact the unnamed tributary in the N 1/2 of Section 22, Township 6 South, Range 71 West, 6th P.M. Source: Consumptive use water decreed to the Warrior Ditch, the Harriman Ditch, Soda Lakes Reservoir Nos. I and

2 and water stored in Meadowview Reservoir. Reference is made to the Decrees entered in Case Nos. 97CW282 and 2001CW293 for a complete description of the MMRC water that is exchanged. Date of Initiation of Appropriation: April 15, 2016. How Appropriation was Initiated: Operation of the exchange. (iv) Date Water Applied to Beneficial Use: April 15, 2016. Amount Claimed: 0.001 of a cubic foot per second, Absolute. Annual volume exchanged limited to .373 acre feet. Use: Augmentation, replacement, substitution and exchange purposes. All such uses have been decreed in prior cases in which MMRC has been an applicant or a co-applicant. Names(s) and Address of Owner(s) or Reputed Owner(s) of the Land upon which any New Structure, or Modification to any Existing Structure is Constructed: Applicants. Pursuant to C.R.S. §37-92-305(10), the Belle Pointe Exchange, as an existing exchange, is entitled to a priority date of April 15, 2016. WHEREFORE, Applicants request that the adjudication of the Belle Pointe Exchange and the Boksmati Reservoir be granted as described herein. Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (4 pages). WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED.

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