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

18CW15 TERRANCE AND SUSAN ELLIOTT, PO Box 272, Idledale, CO 80453. 720-413-6107 or 303-697-6773. APPLICATION TO MAKE ABSOLUTE IN WHOLE OR IN PART IN JEFFERSON COUNTY. Date of original decree: 7-6-04 in case 03CW281, WD1; Subsequent decrees: 01-11-11 in case 10CW185, WD1; 7-19-17 in case 17CW6, WD1. Burleson Well No 4, permit 79877-F, located SW1/4, NE1/4, S29, T4S, R70Wof the 6th PM. Burleson Ranch Subdivision; Lot 4; Easting 478847, Northing 4392043; 21819 Clarence Lane, Golden, CO 80401. Source: Groundwater which is tributary to Sawmill Gulch, Bear Creek and South Platte River. Appropriation date: 7-31-03. Amount: 8.5 gpm, Conditional. Claim to Make Absolute. Date water applied to beneficial use: 09-2017. Amount: 6.5 gpm, Absolute. Use: Ordinary household purposes inside one single family dwelling; the irrigation of 500 square feet of lawns or 1250 square feet of gardens, or any combination thereof that does not consume more water than 500 square feet of lawns; and the watering of a maximum of two horses. 18CW16 JOHN AND SHARON LENGYEL, 15300 Chamberlain Rd., Grafton, OH 44044. 440-926-2775. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 3-16-05 in case 96CW846, WD1; Subsequent decree: 7-25-12 in case 11CW6, WD1. Lengyel Well located SW1/4, NW1/4, S14, T9S, R76W of the 6th PM at a distance 2070 ft from, N and 900 ft from W. Bar D subdivision; Lot 35, Filing 2. 1233 S Park Drive, Como, CO. Source: Groundwater. Appropriation date: 12-27-96. Amount: 15 gpm Conditional. Use: Household use in a single family dwelling and watering of domestic animals, not including irrigation. 18CW17 DALINA R. ANDERSON, 3551 Boodel Circle, Elizabeth, CO 80107. 720-469-2000. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS UNDERLYING APPLICANT’S PROPERTY IN ELBERT COUNTY. Applicant seeks to adjudicate the well, permit 196458, and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a 2.52 acre tract of land lying in the SW1/4, SE1/4, S30, T7S, R64W of the 6th PM including the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers. 18CW18 RONALD P. BALTZ AND ELIZABETH O. HAYMOND, 1285 Buttercup Rd., Elizabeth, CO 80107. 303-646-9781. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS UNDERLYING APPLICANT’S PROPERTY IN ELBERT COUNTY. Applicant seeks to adjudicate the well, permit 105285, and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a 1.4 acre tract of land lying in the SW1/4, NW1/4, S26, T7S, R65W of the 6th PM including the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers. 18CW3102 VERIFIED COMPLAINT, Plaintiffs, Center of Colorado Water Conservancy District, PO Box 1747, Fairplay, CO 80440-1747, Attorneys David Shohet and Ryan Farr, 719-471-1212; Upper South Platte Water Conservancy District, PO Box 612, Fairplay, CO 80440, Attorneys Madoline Wallace-Gross and Jeffrey Kahn, 303-776-9900; Headwater Authority of the South Platte, PO Box 1566, Fairplay, Attorneys David Shohet and Ryan Farr, 719-471-1212; CO 80440; Park County Board of County Commissioners, PO Box 1373, Fairplay, CO 80440, Attorneys Star Waring, 303-447-1375 and Mark Detsky, 303-915-2428; Lone Rock H2O, LLC, 460 Park CR 43, Ste. 1, Bailey, CO 80421, Attorney Daniel Brown, 970-407-9000 v. Defendants, Kevin Rein, State Engineer and Colorado Division of Water Resources, 1313 Sherman St., Ste. 821, Denver, CO 80203; Corey Deangelis, Division Engineer, Water

Division No. 1, 810 9th St., Ste. 200, Greeley, CO 80631. Attorneys for State and Division Engineers, Paul Benington, 720-508-6309, Patrick Kowaleski, 720-508-6297, Jeffrey Candrian, 720-508-6288. 18CW3103 Ground Water Management Subdistrict of the Central Colorado Water Conservancy District, 3209 West 28th Street, Greeley, CO 80634, (970) 330-4540. Please send all future correspondence and pleadings to: Kelly J. Custer, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534; Phone: (970) 622-8181. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHT ABSOLUTE, in WELD COUNTY. 2. Name of structure: Bernhardt Reservoir. 3. Conditional water right: A. Case No. 02CW269, decree dated October 20, 2005, Water Division No. 1. B. Legal Description: The reservoir is located in the South 1/2 of Section 1, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. C. Legal Description of Points of Diversion: i. Bee Line Ditch headgate, located in the NW1/4 SW1/4 NE1/4 of Section 10, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. ii. Big Thompson Platte River Ditch headgate, located in the SW1/4 NE1/4 NE1/4 of Section 10, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. iii. Bernhardt pump station adjacent to the Big Thompson River and the reservoir in the South 1/2 of Section 1, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. D. Source: Big Thompson River and its tributaries. E. Appropriation Date and Amount: November 19, 2002, 3000 AF, conditional, 100 cfs, conditional. F. Uses: Augmentation, replacement and exchange for irrigation, commercial, industrial, recreation, municipal and domestic purposes, recreation, fish, wildlife, gravel washing, dust suppression, and 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 diverted and stored water for beneficial use as described further in paragraph 5 below. Applicant obtained an easement agreement for the Bernhardt Reservoir inlet location, constructed the reservoir inlet, and made repairs to the reservoir following the 2013 flood. Applicant incurred expenses for measuring devices, supplies, fuel, and engineering services. The total amount spent on such actions exceeded $82,000. The Bernhardt Reservoir water right is one component of Applicant’s integrated system of water rights, as set forth in paragraphs 9.8 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. Claim to make water right partially absolute: During the diligence period, Applicant diverted and stored water in priority for beneficial use in several years. The maximum volume stored in a single year was 367.2 acre-feet, which occurred from October 14, 2013 through October 31, 2013. This water was diverted through the Bee Line Ditch river headgate. Applicant claims 367.2 acre-feet absolute, with 2632.8 acre-feet remaining conditional. The maximum flow rate at which water was diverted was 24 cfs, which was diverted through the Big Thompson Platte River Ditch river headgate and took place on April 13, 2016. Applicant claims 24 cfs absolute, with 76 cfs remaining conditional. 6. Names and addresses of owners of land upon which water will be stored: Bernhardt Farms LLC c/o Timothy A. Bernhardt 12281 Highway 60 Milliken, CO 80543; Bestway Concrete Co., 301 Centennial Drive, Milliken, CO 80543. Wherefore, Applicant requests the court to enter a decree finding that Applicant has been diligent in the development of the water right, making a portion of the water right absolute as described

herein, continuing the remaining conditional portion of the water right, and such other and further relief as the court finds just. 4 pages, no exhibits. 18CW3104 City and County of Denver, acting by and through its Board of Water Commissioners (“Denver Water” or Applicant”) 1600 West 12th Avenue, Denver, Colorado, 80204. APPLICATION FOR FINDING OF REASONABLE DILIGENCE CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS IN THE SOUTH PLATTE RIVER OR ITS TRIBUTARIES IN PARK COUNTY, District Court, Water Division 1, Colorado, Weld County Courthouse, 901 9th Avenue, P.O. Box 2038, Greeley, Colorado 80632. 1. Name, Mailing Address, Email Address, and Telephone Number of Applicant. City and County of Denver, acting by and through its Board of Water Commissioners (“Denver Water” or Applicant”) 1600 West 12th Avenue, Denver, Colorado, 80204 Email: casey.funk@denverwater.org, Telephone: 303-628-6460. 2. Name of Structure. Eleven Mile Cañon Reservoir Second Enlargement. 3. Description of Eleven Mile Cañon Reservoir Second Enlargement. a. Date of Original Decree. April 27, 1972, Civil Action No. 3701, Court: Park County District Court. b. Subsequent decrees awarding findings of diligence: Date of Decree: April 28, 1975; Case No. W-3076-72 & W-3076-74; Court: Water Division No.1. Date of Decree: March 20, 1980; Case No. W-3076-78; Court: Water Division No.1. Date of Decree: May 8, 1984; Case No. 82CW172; Court: Water Division No.1. Date of Decree: November 4, 1988; Case No. 86CW140; Court: Water Division No.1. Date of Decree: October 30, 1991; Case No. 90CW107; Court: Water Division No.1. Date of Decree: August 5, 1999; Case No. 97CW276; Court: Water Division No.1. Date of Decree: February 1, 2006; Case No. 05CW210; Court: Water Division No.1. Date of Decree: July 31, 2012; Case No. 12CW0023; Court: Water Division No.1. c. Legal Description of Structure. A reservoir formed by a dam across the bed of the South Platte River, the dam being located near the center of the SW1/4, Section 20, T 13 S, R 72 W, 6th P.M., Park County, Colorado (as seen in Exhibit A): The long chord between the ends of the dam being described as a line commencing at the Southerly end of the dam, being a point whence the SW Corner of the NW1/4 of Section 29, T 13 S, R 72 W, 6th P.M. bears south 24°43´ West, 4090.6 feet, and running thence North 21°32´ West, 429.1 feet to the Northerly end of the dam. d. Source of Water. South Fork of the South Platte River and all of the tributaries. e. Date of Appropriation. December 9, 1957. f. Amount. 17,810.1 Acre Feet Conditional. g. Use. Municipal uses, including domestic, mechanical use, manufacturing use, and the generating of electrical power. h. Place of Use. Waters diverted under this water right may be placed to beneficial use by Denver Water wherever it may, now or in the future, legally provide water. 4. Claim for Finding of Reasonable Diligence. Eleven Mile Cañon Reservoir is an existing and integral part of the Denver Municipal Water System that currently is capable of storing 97,779 acre feet. The second enlargement would add 17,810.1 acre feet of storage capacity. The following activities describe Applicant’s efforts to complete the conditional appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the diligence period: a. The following is a list of work performed during the diligence period at Eleven Mile Cañon Reservoir: i. Performed an electrical systems analysis. ii. Completed field verification and documentation of electrical power distribution systems. iii. Held potential failure model analysis workshop. iv. Since 2009, Denver Water and Colorado Parks and Wildlife (CPW) have worked together to ensure that Aquatic Nuisance Species (ANS) do not enter Denver Water’s waterways or infrastructure, including Eleven Mile Reservoir. Of particulate interest to Denver Water are the Zebra and Quagga Mussels. These non-native mussels have infested many of the country’s waterways, costing millions. There is no known means of eradicating these mussels once they are established in a waterway or water body. The purpose of Denver Water’s program is to prevent these nuisance species from entering Denver Water’s facilities, and more broadly, state’s waterways. The results of the statewide ANS program have been very favorable; currently, no Colorado waterways are listed as positive for containing these mussels. Every trailered boat that enters Denver Water’s reservoirs gets inspected and if necessary, cleaned. Denver Water increased the budget by $100,000 in 2017 to protect Eleven Mile and the three other reservoirs on which boating is allowed. v. Denver Water over the past diligence period has spent approximately $274,000 for work at Eleven Mile Cañon Reservoir. b. The following is a list of work

performed during the diligence period that would further the application of water to beneficial use: i. In December 1996, the Board, along with other Front Range water providers, submitted to the Pike/San Isabel National Forest a concept for a locally managed protection plan on the South Platte and North Fork Rivers as an alternative to federal designation under the Wild and Scenic Rivers Act. The concept was accepted as the preferred alternative and a more detailed version of the plan was submitted in 1998, called the South Platte Protection Plan (SPPP). The SPPP was amended again in 2003 along with a resolution by Denver Water endorsing the creation of a one-million dollar endowment fund. A major component of the SPPP was the establishment of this fund, which is being used for projects that enhance and preserve the South Platte River corridor from Eleven Mile Cañon Reservoir to the confluence of the North Fork of the South Platte River, and the North Fork of the South Platte River from Insmont to its confluence with the South Platte River. The USFS released its Final Environmental Impact Statement (FEIS) in January 2004. The Record of Decision (ROD) was released by the US Forest Service (USFS) in June 2004 and determined the SPPP to be the preferred alternative. Following this finding, the Enhancement Board was put in place and the endowment fund manager was selected. The Enhancement Board meets monthly to identify issues on the South Platte River related to the SPPP and to consider grant requests. The $1 million endowment is fully funded and a number of grants have been given out for stream, recreational and cultural improvements along the river corridor. Specifically related to Eleven Mile Cañon Reservoir, in 2012 the Coalition for the Upper South Platte were awarded a grant for The Road to Rivers project. This project studied sedimentation problems along Eleven Mile Cañon Road. Denver Water holds an SPPP Annual Operations meeting and follows it up with the Denver Water Planning Task Force meeting to discuss any other water supply efforts that Denver Water is involved in. ii. In 2013, Denver Water was granted a Source Water Assessment and Protection (SWAP) Pilot Project Grant from the Colorado Department of Public Health and Environment's (CDPHE) Water Quality Control Division (WQCD). During the assessment phase, the grant will be used to evaluate the vulnerability of the Upper South Platte River and its tributaries to contaminants from both point sources and Nonpoint sources. During the protection phase, the grant will be used to collaborate with local governments, communities, stakeholders, and other utilities to develop and implement protection strategies aimed at reducing water quality degradation. The Coalition for the Upper South Platte (CUSP) will help facilitate the stakeholder process and creation of the Source Water Protection Plan (SWPP). iii. The health of Colorado’s forests and watersheds has a strong influence on Denver Water’s municipal water supplies. Denver Water and the USFS signed an MOU in 2010 to work together to improve forest and watershed health by reducing the risk of wildfires. This partnership provides leadership for watershed health and sustainability and serves as a model for the emerging Colorado Watershed Protection Initiative. Under the MOU, the USFS and Denver Water agreed to develop and update annually a Five-Year Operating Plan that identifies joint projects in Denver Water’s priority watersheds for the years 2011-2015. The Operating Plan calls for Denver Water to spend $16.5 million, and for USFS to match that expenditure with $16.5 million of additional forestry work. Since execution of the contract, the USFS has performed hazardous fuel reduction treatments on tens of thousand acres of National Forest lands within Denver Water's priority watersheds. The forestry work was conducted in the Strontia Springs Zone of Concern in the Upper South Platte Watershed. Denver Water's total expenditures under the MOU, including the fifth Collection Agreement, was $14,849,186, which results in a savings of $1.65 million to be used by the CSFS, as discussed below. A new Five-Year Partnership program was implemented in 2017. The program was initiated by a Memorandum of Understanding (MOU) and will add the Natural Resources Conservation Service (NRCS) and the Colorado State Forest Service (CSFS) as a partner to emphasize the importance of watershed and forest health on private lands. Under the proposed 2017-2021 program, Denver Water would invest $16.5 million in forest and watershed health, which would be matched at least dollar for dollar by USFS, CSFS, and NRCS for a total value of the partnership of $33 million. The goal of the program is to treat approximately 40,000 acres within critical watersheds identified as "Zones of Concern' and to maintain the 48,000 acres previously treated. iv. Denver Water and the CSFS have had a long, mutually beneficial relationship for the purpose of promoting healthy forests in watersheds above Denver Water’s collection facilities, including Eleven Mile Reservoir. Some of the joint projects the two agencies have undertaken include: development and implementation of a vegetation recovery, restoration and management program

for Cheesman Reservoir properties following the Hayman fire; long-term management of selected properties near Granby and Winter Park; extensive forestry assistance and wildfire mitigation at the Trumbull/Deckers demonstration sites; and forestry management on Denver Water lands in Jefferson and Douglas counties along the North Fork of the South Platte and the main stem of the South Platte Rivers. The CSFS continues management efforts to address the mountain pine beetle problem in Grand and Summit counties, thereby reducing fire danger in Denver Water’s watersheds. Denver Water has extended this partnership with the CSFS to include additional implementation and restoration activities, as well as preparation of vegetation and fuels management plans for site-specific areas. The partnership continues to support the Upper South Platte Watershed Protection and Restoration Project. Denver Water and the CSFS provide leadership for the Upper South Platte’s watershed health and sustainability. These efforts are particularly important in light of the threats to Denver’s watersheds resulting from catastrophic wildfires such as the 1996 Buffalo Creek and 2002 Hayman fires. In 2010 Denver Water contracted with the CSFS for $1,552,315 over a five-year contract period (2010-2014) which includes CSFS personnel and operational costs, as well as direct support for project implementation. This contract, known as the Forest and Land Management Services Agreement with CSFS, was extended through 2018. In March 2018, Denver Water renewed the Forest and Land Management Service Agreement with CSFS to manage Denver Water lands through 2022 for $911,106. Of the 2.5 million acres tributary to Denver Water's water collection system, over 1 million acres are non-federally owned. In 2014 an agreement with the CSFS was signed to use the $1.65 million saved from the USFS MOU discussed above over five years (2014 to 2019) to conduct hazardous fuel treatments and monitoring of those projects on non-federal lands within Denver Water's Zones of Concern. The release of Denver Water's funds will be contingent upon a 1:1 match with funds available from other entities such as federal, state, and local governments, and nonprofit, private, and corporate entities. It is anticipated that as much as $2,317,000 of other grant funds may be available to match Denver Water’s funds. Therefore, a total of $3,967,000 would be contributed towards reducing catastrophic fire risk on 2,150 acres on non-federal lands in Denver Water's Zones of Concern. v. Denver Water continues to participate with the State of Colorado and a coalition of water users and water interests in the South Platte River basin to implement the Platte River Recovery Implementation Program (Program). Originally, this coalition of water users and water interests were meeting under the Colorado Water Congress special project named the "Platte River Project." Late in 2005, the Platte River Project was dissolved and a new independent 501c(3) non-profit organization named the "South Platte Water Related Activities Program, Inc." (SPWRAP) was initiated to provide support and a mechanism for funding future financial obligations to the Program. On January 1, 2007, the Program was initiated and began its first increment proposed to last 13 years. Denver Water and SPWRAP continued to contribute substantial efforts toward the implementation of the Program that will provide critical reproductive and migration habitat for three threatened and endangered bird species in central Nebraska and the Pallid Sturgeon in the lower Platte River. Denver Water and SPWRAP continue to work closely with the U.S. Department of Interior, the states of Colorado, Wyoming and Nebraska, as well as other interests in Nebraska and Wyoming and the environmental community on this Program. The purpose of developing the Program is, in addition to creating reproductive and migrating habitat for threatened and endangered species, to provide reasonable and prudent alternatives to avoid the likelihood of jeopardy to federally listed species. Additionally, the Program provides a mechanism to mitigate adverse environmental consequences so that water projects in the Platte River basin, subject to Section 7 Consultation under the Endangered Species Act (ESA), including water stored in Eleven Mile Reservoir enlargement, can continue to operate and receive federal permits, licenses, funding, or other approvals in compliance with the ESA. During the diligence period, Denver Water spent approximately $2,391,000 on this project. c. The following is a list of additional work performed during the diligence period in pursuit of its development of other conditional rights in Denver Water’s South Platte River collection system: i. In 2003, Denver Water initiated an Army Corps of Engineers (Corps) permitting process for the Moffat Collection System Project to address water reliability and system vulnerability problems, and to provide the next increment of firm yield. Denver Water’s preferred alternative project would enlarge Gross Reservoir by a total of 77,000 af, for a total storage capacity of 118,811 af and would provide Denver Water 18,000 af of new water supply. The preparation

of the EIS for the Corps was divided into five phases. ii. Phase I involved introduction of Denver Water's Moffat Collection System Project water reliability and system vulnerability problem, and project alternatives to address that problem to local, state, and federal agencies, as well as the general public, by the publication of a Notice of Intent to prepare an EIS in the Federal Register. In 2003, Phase II was completed with the purpose of screening preliminary alternatives, preparing documentation, and developing a scope of work for Phase III. iii. Phases III and IV of the project were initiated in 2005. Phase III consisting of conducting reconnaissance-level studies to identify the EIS alternatives. Phase IV incorporated short- and long-term impacts of direct and indirect effects of each alternative identified in Phase III. iv. In 2007, the Alternatives Screening Report for the Moffat Collection System Project EIS was published. This report outlines the screening process used to narrow down the list of alternatives from over 300 to 5 alternatives. This alternative analysis considered an expansion of the Williams Fork Collection System. While not selected, the project is still viable and considered in Denver Water’s long term planning. Currently, it is being consider as a possible project for Denver Water’s IRP. v. In 2008, the Preliminary Draft Environmental Impact Statement (DEIS) for the Moffat Collection System Project was published for review by the cooperating agencies and Denver Water. This report described the environmental impacts of the Moffat Collection System Project. vi. In 2009, Denver Water submitted an application for a section 404 permit to the Corps and a DEIS was released for public review. Concurrent with the release of the DEIS, Denver Water released a Draft FERC Hydropower License Amendment Application for public review. Both of these documents were released on October 30, 2009, for an initial 90-day review period which was extended by 48 days (total review time was 138 days). The Final Environmental Impact Statement (FEIS) from the Corps was released April 25, 2014. vii. On July 7, 2017 the Corps issued its Record of Decision (ROD) and a draft 404 Permit for the Moffat Project. Denver Water accepted the permit and a final version in August 2017. d. Further, Denver Water efforts during the diligence period were focused on the completion of the Downstream Reservoir Water Storage Program (DRWSP). During the diligence period Denver Water spent over $30,000,000 on this project. e. During the diligence period, the following work was completed on Denver Water’s treated water system which would treat and distribute water collected in Eleven Mile Cañon Reservoir’s Second Enlargement: i. Removed cement mortar lining from Conduit 20 aerial crossings in Waterton Canyon with polyurethane lining. ii. Completed modifications of Chatfield Pump station which included replacement of obsolete variable frequency drives, deteriorated HVAC equipment, installation of new pump and HVAC controls, electrical system modifications, electrical systems analysis and a new meter vault. iii. Completed renovations at Highlands Pump Station which included renovations to surge protectors, HVAC systems, cathodic protection systems and electrical systems. iv. Initiated replacement of two 15 million gallon tanks at Hillcrest Pump Station with three 15 million gallon tanks. v. Completed cathodic protection repairs at Lone Tree pump station. vi. Installed impressed current cathodic protection systems at Foothills Water Treatment Plant (WTP). vii. Installed a pump station to recover and reuse the water from the underdrains of the drying beds at Foothills WTP. viii. Upgraded the Marston Treatment Plant electrical equipment. ix. Replaced the flocculation and sedimentation equipment at Marston Treatment Plant. x. Replaced sludge collection equipment at Marston Treatment Plant. xi. Installed a new disinfection system at Marston Treatment Plant. xii. Completed construction on a new multilevel outlet works, dam and drain improvements at Marston. 5. Denver Water over the past diligence period has spent approximately $43,800,000 on improvements to its raw water collection system and treated water distribution system including improvements that would further the application of water under the subject water right to beneficial use. 6. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. Denver Water owns all land upon which any new diversion or storage structure will be constructed or upon which water will be stored, including any modification to the existing storage pool. Name of Owner. City and County of Denver acting by and through its Board of Water Commissioners. Mailing Address. Denver Water, 1600 W. 12th Avenue, Denver, CO 80204.

18CW3105, Gregory and Debra Wright, 3535 South Lake Gulch Road, Castle Rock, CO 80104 (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, DOUGLAS COUNTY. 45.7 acres located in the NE1/4NW1/4 of Section 5, T9S, R66W and the SE1/4SW1/4 of Section 32, T8S, R66W of the 6th P.M., Douglas County, as described and shown on Attachment A hereto ("Subject Property").Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Upper Dawson: 10 acre-feet, Lower Dawson: 7 acre-feet, Denver: 31 acre-feet, Arapahoe: 31 acre-feet, Laramie-Fox Hills: 12 acre-feet. Proposed Use: Domestic, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Description of plan for augmentation: Groundwater to be augmented: Approximately 10 acre-feet per year of Upper Dawson aquifer groundwater as requested herein. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Upper Dawson aquifer water will be used for in-house use in up to three single family residences, irrigation of lawn, garden, trees, pasture and hay, stockwatering, fire protection and storage. Applicants reserve the right to revise the annual amount to be withdrawn and the proposed uses without having to amend the application or republish the same. Sewage treatment for in-house use will be provided by non-evaporative septic systems and return flow from in house and irrigation use will be approximately 90% and 15% of those uses, respectively. During pumping Applicants will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Applicants estimate that depletions occur to the Cherry Creek stream system. Return flows accrue to the South Platte River stream system via Cherry Creek, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post pumping augmentation requirements. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises.(6 pages). 18CW3106 Colorado Water Conservancy District (“Central”), and the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District (“GMS”), 3209 West 28th Street, Greeley, Colorado 80631 C/O Lawrence Jones Custer Grasmick, LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO, 80534. APPLICATION FOR CHANGE OF WATE RIGHTS IN LARIMER AND WELD COUNTIES. 2. Decreed Name of Structure: Canal No. 3, a/k/a Greeley No. 3 (6.5 shares of the Greeley Irrigation Company (“Subject Shares”)). 3. Previous Decrees: a. Canal No. 3: A decree was entered in Civil Action No. 320 in the District Court, County of Larimer, State of Colorado on April 11, 1882 for Canal No. 3. The headgate of Canal No. 3 is located on the south side of the Cache La Poudre River in the Northeast Quarter of the Northwest Quarter of the Southeast Quarter of Section 32, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado at a point 1900 feet West and 2200 feet North of the southeast corner of said Section 32. The source of water is the Cache La Poudre River. The decreed use is for irrigation and domestic with the following appropriation dates and amounts: Priority No. Appropriation Date Decreed Amount 35 04/01/1870 52.0 cfs 45 10/01/1871 41.0 cfs 50 07/15/1872 63.13 cfs 58 05/15/1873 16.67 cfs Canal No. 3 and the above water rights are jointly owned, with 5/8ths interest belonging to Greeley Irrigation Company (“GIC”) and 3/8ths interest belonging to the City of Greeley. b. Fossil Creek

Reservoir: GIC also owns 60 preferred rights in Fossil Creek Reservoir. Fossil Creek Reservoir was decreed in Civil Action No. 1591 in the District Court of Larimer County, State of Colorado on December 9, 1904, and Civil Action Nos. 2031 and 11217 in the District Court, County of Larimer, State of Colorado on April 22, 1922, and September 10, 1953, respectively, for irrigation uses. Fossil Creek Reservoir stores water from Fossil Creek, a tributary to the Cache la Poudre River and is located in the SW1/4 SW1/4 of Section 10, Township 6 North, Range 68 West of the 6th P.M. in Larimer County, Colorado. The water rights decreed to Fossil Creek Reservoir are as follows:

Priority No. Appropriation Date Decreed Amount (acre feet) Original Constr. 3/5/1901 12,052 (Priority No. 40) First Enlargement 6/1/1904 1,545 (Priority No. 66) Second Filling 3/5/1901 12,052 (Priority No. 136E) C.A decree was entered in Case No. 96CW658 on June 15, 1998 (“Poudre Prairie Decree”), based on a ditch wide analysis of the GIC’s direct flow water rights and Fossil Creek Reservoir water rights, as those rights are described in subparagraphs 3.a. and 3.b. above (collectively, the “GIC Water Rights”), and quantified the consumptive use of each share of the Company. The Poudre Prairie Decree changed certain shares of the GIC for multiple uses including augmentation, replacement, exchange, irrigation, domestic, commercial, industrial fire protection, water of livestock, recreational, piscatorial and wildlife propagation. d. Applicants previously changed 20 shares of the GIC in Case No. 97CW078, 65.75 shares of GIC in Case No. 03CW348, 12 shares of GIC in Case No. 05CW54, 2 shares in Case No. 10CW173, 10.8 shares in Case No. 11CW20, and 2.9 shares in Case No. 12CW163. Change of 8 shares of the GIC by Applicants are pending in Case No. 16CW3008. 4. Proposed Change: a. Of the Subject Shares, 3.5 shares are owned by Central, 1.0 shares are owned by GMS, and 2 shares are owned by the Weld County School District RE-7 (“Weld RE-7 Shares”). The Weld RE-7 Shares are subject to an Agreement between the Weld County School District RE-7, GMS, and Central dated June 15, 2010, and an Amendment to Agreement dated November 21, 2017 (“IGA”). By the IGA, Central and the Weld County School District RE-7 agreed that Central would apply for a decree to change the Weld RE-7 Shares in exchange for additional supplemental consumptive use quota added to Weld County School District RE-7’s Class D Contract with GMS, Contract No. 663, which provide augmentation water for the following GMS member well owned by the Weld County School District RE-7: Permit No. 15049-R-R (WDID 0107203). b. GMS provides augmentation water to allow the continued operation of alluvial wells during times of call, which wells are the subject of Class B, C and D contracts with GMS pursuant to C.R.S. §37-45-101 et. seq. GMS has a decreed plan for augmentation, Case No. 2002CW335 (“GMS Augmentation Plan”). GMS seeks approval to use the Subject Shares for the presently decreed irrigation use and augmentation, substitution, and replacement in the GMS Augmentation Plan and other decreed augmentation plans that GMS shall obtain for replacing well depletions and return flows and in the operation of exchanges, with the right to totally consume the consumable portion of the Subject Shares, either by first use, successive use, or disposition and either directly, or after storage, recharge, or exchange. GMS seeks approval to store and recharge the Subject Shares consistent with Colorado law, including, without limitation, in GMS’s storage and recharge facilities identified on Exhibit 1. GMS also seeks approval to lease the Subject Shares to others for the uses decreed herein including, without limitation, leases to the Central and the Well Augmentation Subdistrict of the Central Colorado Water Conservancy District (“WAS”) as a replacement source in the operation of exchanges, and to WAS for use in their augmentation plan decreed in Case No. 03CW99 (“WAS Augmentation Plan”). c. Central operates GMS and WAS, including the GMS Augmentation Plan and the WAS Augmentation Plan. Central seeks approval to use the Subject Shares for the presently decreed irrigation use and augmentation, substitution, replacement within its boundaries and in the GMS Augmentation Plan, the WAS Augmentation Plan, and such other decreed augmentation plans that Central,

GMS, or WAS shall obtain for replacing well depletions and return flows and in the operation of exchanges, with the right to totally consume the consumable portion of the Subject Shares, either by first use, successive use, or disposition and either directly or after storage, recharge, or exchange. Central seeks approval to store and recharge the Subject Shares consistent with Colorado law, including, without limitation, in Central’s storage and recharge facilities identified on Exhibit 1. Central seeks approval to lease the Subject Shares to others for the used decreed herein, including, without limitation, to GMS for use in the GMS Augmentation Plan and as a replacement source in the operation of exchanges and to WAS for use in the WAS Augmentation Plan and as a replacement source in the operation of exchanges. d. Applicants have submitted a Catlin application to the GIC pursuant to the GIC Bylaws, Article X. The GIC found and determined that Applicants’ Catlin application complies with the GIC Bylaws, Article X, and has approved this change pursuant thereto. 5. Historic Use. The Subject Shares were identified in the Poudre Prairie Decree as owned by Alvin and Donna Hensley (0.5 share), Joseph Kuettel (2.0 shares), George and Patrici Terriere (1.0 shares), and Jeffery Vetting (3.0 shares). The Alvin and Donna Hensley Shares (0.5 share), Joseph Kuettel Shares (2.0 shares), and the George and Patrici Terriere Share (1.0 share) are identified, at Table A, in the Poudre Prairie Decree as being used on Farm Id. Nos. E-03, E-57, and W-20, respectively. The Jeffrey Vetting Shares are identified, at Table D, as “Floating Shares” in the Poudre Prairie Decree. The historical use of the GIC Water Rights was previously quantified and decreed in the Poudre Prairie Decree using a ditch wide analysis based on the period of 1950 through 1979. This period encompassed wet years, dry years and years of average supply and the court found it to be representative of the historic use of the rights. During that study period, the average annual diversion of the GIC direct flow water rights was 11,400 acre-feet. The amount of those diversions attributable to the Subject Shares was 142.61 acre-feet. Applicants propose to limit future use of the Subject Shares consistent with the Poudre Prairie Decree. Applicants propose to limit future deliveries of GIC direct flow water associated with the Subject Shares to an annual maximum farm headgate delivery of 164.26 acre-feet and a maximum cumulative 10-year farm headgate delivery of 1,211.86 acre feet. The average consumptive use of the Subject Shares equals 67.02 acre–feet, which equals 10.31 acre-feet per share, as decreed in the Poudre Prairie Decree. 6. Dry Up. The 14.11 acres identified as Farm Nos. E-03, E-57, and W-20 historically irrigated by the Subject Shares are subject to dry-up covenants. Applicants will rely on 29.70 acres of the lands identified by the Poudre Prairie Decree as removed from irrigation due to urbanization to provide 6.74 acres of dry up per share pursuant to the Poudre Prairie Decree. 7. Return Flows – Replacement and Re-appropriation. Applicants will replace the historic return flow obligation, which includes both a surface and subsurface component, with the Subject Shares or with their other water supplies identified on Exhibit 1. Applicants intend to utilize the surface and subsurface return flow factors as determined in the Poudre Prairie Decree and applied to the GIC direct flow and Fossil Creek Reservoir water, respectively. These return flow factors are based on the ditch wide analysis. The return flows are hereby re-appropriated by Applicants and will be maintained only for calls senior to the date of the filing of this application. The appropriated return flows will be used, directly or by substitution and exchange, for the changed uses described herein. 8. Administration and Delivery. Applicants will continue diverting the Subject Shares through the Canal No. 3 headgate. The Subject Shares will be returned to the Cache la Poudre River at the F-Street Release Structure, the 35th Avenue Drainage Ditch, the 23rd Avenue Spillway, or the 16th Street Release Structure. All of these structures, except the 35th Avenue Drainage Ditch, are currently equipped with measuring and continuous recording devices. 9. Name and Address of Owners of Structures: Applicants, Weld County School District Re-7 (owner of 2 shares being changed herein) and Greeley Irrigation Company, c/o Ms. Donna Coble, 1025 9th Avenue, #309, Greeley, CO 80632. 18CW3107, Rohn and Nancy Mitchell, 1109 North Castlewood Place, Franktown, CO 80116 (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, DOUGLAS COUNTY. 10 acres being Lot 25,

Castlewood North, located in the SW1/4SE1/4 of Section 4, T8S, R66W of the 6th P.M., Douglas County, as shown on Attachment A hereto ("Subject Property"). Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Upper Dawson: 1.3 acre-feet, Lower Dawson: 0.9 acre-feet, Denver: 4.6 acre-feet, Arapahoe: 4.9 acre-feet, Laramie-Fox Hills: 2.7 acre-feet. Proposed Use: Domestic, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Description of plan for augmentation: Groundwater to be augmented: Approximately 0.7 acre-feet per year of Upper Dawson aquifer groundwater as requested herein. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Upper Dawson aquifer water will be used on the Subject Property through an individual well, including existing well Permit No. 165865, for in-house use in one residence (0.3 acre-feet), irrigation of lawn, garden, and trees (0.3 acre-feet), and stockwatering (0.1 acre-feet). Applicants reserve the right to amend the amounts and values without amending the application or republishing the same. Sewage treatment for in-house use will be provided by non-evaporative septic systems and return flow from in-house and irrigation use will be approximately 90% and 15% of that use, respectively. During pumping Applicants will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions occur to the Cherry Creek stream system. Return flows accrue to the South Platte River via Cherry Creek and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post pumping augmentation requirements. Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises.(6 pages). 18CW3108 APPLICATION FILED IN WRONG WATER DIVISION. CASE CLOSED. 18CW3109 Andrew Ehlers, P.O. Box 1286, Elizabeth, CO 80107 (Matthew S. Poznznovic, Petrock Fendel Poznanovic, P.C., 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY SOURCE AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NOT NONTRIBUTARY UPPER DAWSON AQUIFER, ELBERT COUNTY. Subject Property: 9.7 acres being Lot 9A, Chisholm Amended, generally located in the NW1/4 of Section 34, T8S, R65W of the 6th P.M., Elbert County, as shown on Attachment A hereto ("Subject Property"). Applicant is the owner of the 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. Annual Amount: 4 acre-feet. Uses: Domestic, including in house, irrigation, livestock watering, fire protection, including storage, and augmentation purposes. Groundwater to be augmented: 0.75 acre-feet per year of not nontributary Upper Dawson aquifer groundwater as requested herein. Water rights for augmentation: Nontributary Denver aquifer groundwater decreed in Case No. 01CW178, located in the N1/2 of Section 12, T7S, R65W of the 6th P.M., Elbert County, and return flows from the use of not nontributary Upper Dawson aquifer groundwater. Statement of plan for augmentation: The Upper Dawson aquifer groundwater will be used for in-house use in one residence (0.3 acre-feet per year), irrigation of home lawn and garden and trees (0.4 acre-feet per year), and stockwatering of four large domestic animals (0.05 acre-feet). Applicant reserves the right to amend the amount and these values without amending the application or republishing the same. Sewage treatment for in-house use will be provided by a non-evaporative septic system. Return flows associated with in-house use will be approximately 90% of water used for that purpose and return flow associated with irrigation use will be 10% of water used for that purpose. During pumping Applicant will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Applicant estimates that depletions occur to the Running Creek stream system. Return flows accrue to the South Platte River stream system, 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 decreed in Case No. 01CW178 to meet post pumping augmentation requirements.

Further, Applicant prays that this Court grant the application and for such other relief as seems proper in l 18CW3110, Red Rocks Builders, LLC, 4479 Tierra Alta Drive, Castle Rock, CO 80104 (James J. Petrock, Petrock Fendel Poznanovic, P.C., 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DAWSON AQUIFERS, Douglas County. 58.3 acres located in the W1/2SW1/4 of Section 3 and the SE1/4 of Section 4, T10S, R67W of the 6th P.M., DOUGLAS COUNTY, as described and shown on Attachment A hereto ("Subject Property"). Source of Water Rights: The Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Dawson: 20 acre-feet, Denver: 48 acre-feet, Arapahoe: 34 acre-feet, Laramie-Fox Hills: 16 acre-feet. Proposed Use: Domestic, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Description of plan for augmentation: Groundwater to be augmented: Approximately 5 acre-feet per year of Dawson aquifer groundwater as requested herein. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Dawson aquifer water will be used for in-house use in up to three single family residences, commercial in an office, irrigation, including lawn, garden, trees, and agricultural products, including in greenhouses, stockwatering, and fire protection. Applicant reserves the right to revise the annual amount to be withdrawn and the proposed uses without having to amend the application or republish the same. Sewage treatment for in-house and commercial use will be provided by non-evaporative septic systems and return flow from in-house/commercial and irrigation use will be approximately 90% and 15% of those uses, 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. Applicant estimates that depletions occur to the East Plum Creek stream system. Return flows accrue to the South Platte River stream system via East Plum 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. (5 pages). 18CW3111, Guttersen Ranches, LLC, 23691 Hwy 263, Greeley, CO 80631 (James J. Petrock, Petrock Fendel Poznanovic, P.C., 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY SOURCE AND CHANGE OF WATER RIGHTS, IN THE NONTRIBUTARY LARAMIE-FOX HILLS AQUIFER, WELD COUNTY. Subject Property: Applicant seeks water rights under two different parcels. The first parcel consists of 153.7 acres in the NW1/4 of Section 20, T3N, R64W of the 6th P.M., Weld County (“Parcel A”). The second parcel consists of 320 acres in the S1/2 of Section 11, T2N, R64W of the 6th P.M., Weld County (Parcel B) . Parcels A and B shall collectively be referred to as the “Subject Property” and are shown in Attachments A and B. Source of Water Rights Requested: Nontributary Laramie-Fox Hills aquifer groundwater as described in Section 37-90-103(10.5), C.R.S. Estimated Annual Amount: Parcel A: 40 acre-feet; Parcel B: 80 acre-feet. Proposed Use: The groundwater will be used, reused and successively used for domestic, commercial, industrial, irrigation, livestock watering, fire protection, and replacement and augmentation purposes, including storage, both on and off the Subject Property. Applicant seeks the right to withdraw the Laramie-Fox Hills aquifer groundwater underlying the Subject Property from wells located on the Subject Property and/or wells located on lands subject to the decree in Case No. 15CW3040 as described in paragraphs10-12 below. Applicant claims the right to withdraw more than the average annual amounts estimated in paragraph 5 above pursuant to Rule 8A of the Statewide Rules, 2 C.C.R. 402-7. Applicant requests the right to revise the estimates upward or downward, based on better or revised data, without the necessity of amending this application or republishing the same. Decree and Groundwater Information for

which Change Is Sought: Nontributary Laramie-Fox Hills aquifer groundwater decreed to Applicant in Case No. 15CW3040 (“Decree”), underlying land contiguous to the Subject Property (“15CW3040 Property”), as shown on Attachment B. Proposed change: The nontributary Laramie-Fox Hills aquifer groundwater subject to the Decree is to be withdrawn through wells to be located on the 15CW3040 Property. Applicant requests that the combined annual amount of nontributary Laramie-Fox Hills aquifer groundwater underlying the 15CW3040 Property in the Decree, and the Subject Property as requested herein, be withdrawn through wells located on the 15CW3040 Property and the Subject Property. No other part of the Decree in Case No. 15CW3040 is changed herein. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (7 pages). 18CW3112 Clay Anderson, 3120 Flintwood Road, Franktown, CO 80116, Telephone: (303) 264-4797, Clay856@msn.com. Attorneys: Peggy E. Montaño and Michael A. Kopp of TROUT RALEY, 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203, Telephone: 303-861-1963, E-mail: pmontano@troutlaw.com and mkopp@troutlaw.com. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN DOUGLAS COUNTY, COLORADO. 1. Name, Address, Telephone Number and E-mail Address of Applicant: See above. 2. Subject Property: 23.5 acres in the Northwest Quarter of Section 21, Township 6 South, Range 65 West of the 6th Principal Meridian, County of Douglas, State of Colorado, as shown on Exhibit A attached to the Application ("Subject Property"). Applicant is the owner of the Subject Property. 3. Well Permits: A well permit will be applied for prior to the construction of a well. Applicant intends to construct a well on the Subject Property in the Southeast Quarter of the Northwest Quarter of Section 21, Township 6 South, Range 65 West of the 6th Principal Meridian, County of Douglas, State of Colorado at or near the following UTM coordinates (NAD83 datum, Zone 13, meters): 528236 Easting, 4374160 Northing. 4. 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. 5. Estimated Amounts: Based on the presumptive specific yield and saturated thickness values in the Denver Basin Rules, 2 C.C.R. § 402-6, Applicant estimates the following annual amounts are available: Aquifer Annual Amount Upper Dawson 6.51 acre-feet Lower Dawson 4.71 acre-feet Denver 14.59 acre-feet Arapahoe 10.49 acre-feet Laramie-Fox Hills 7.25 acre-feet 6. Proposed Use: Domestic, including in-house; irrigation of lawn and garden; livestock watering; fire protection; and augmentation purposes, including storage, both on and off the Subject Property. 7. Jurisdiction: The Water Court has jurisdiction over the subject matter of this Application pursuant to Section 37-92-302(2), and 37-90-137(6), C.R.S. 8. Description of Plan for Augmentation: A. Groundwater to be augmented: Up to 1 acre-foot per year of the available Upper Dawson aquifer groundwater as requested herein. B. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. C. Statement of plan for augmentation: The Upper Dawson aquifer water will be used for in-house domestic use (0.35 acre-feet), irrigation of up to approximately 10000 square feet of lawn, garden, and trees (0.5 acre-feet), and livestock watering for up to 12 animals (0.15 acre-feet) through a new well on the Subject Property. The well will pump water from the Upper Dawson aquifer at a rate of flow not to exceed 15 gpm. 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 10% 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 may occur to the Cherry Creek stream system, which is tributary to the South Platte River. Return flows will accrue to the South Platte River stream systems, 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. 9. Notice: A search of the records of the Division of Water Resources revealed no wells within 600 feet of the planned location of Applicant’s well. 10. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion structure, or modification to any existing diversion structure, is or will be constructed: Applicant. WHEREFORE, Applicant prays that this Court enter a Decree: 11. Granting the Application herein and awarding the water rights claimed herein as final water rights, except as to those issues for which jurisdiction of the Court will be specifically retained; 12. Specifically determining that: A. Applicant has complied with Section 37-90-137(4), C.R.S., and water is legally available for withdrawal; and B. Vested or conditionally decreed water rights of others will not be materially injured by the withdrawals of groundwater and the plan for augmentation proposed herein. FURTHER, Applicant prays that this Court grant such other relief as seems proper in the premises. (4 Pages). 18CW3113 GREGORY McCALLUM and JULIE VIHSTADT-McCALLUM, P.O. Box 1390, Fairplay, CO 80440; MOUNTAIN MUTUAL RESERVOIR COMPANY, 6949 Highway 73, Suite 15, Evergreen, CO 80439; and NORTH FORK ASSOCIATES, LLC, 2686 S. Yukon Ct., Denver, CO 80227. Please direct all correspondence concerning this Application to: Aaron Ladd, Esq. and Leila C. Behnampour, Esq., Vranesh and Raisch, LLP, 1720 14th St., Suite 200, Boulder, CO 80302. APPLICATION FOR UNDERGROUND WATER RIGHTS, APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT IN PARK COUNTY. CLAIM NO. 1: APPLICATION FOR UNDERGROUND WATER RIGHTS IN PARK COUNTY 2. Names of Wells and Permit Numbers: Lot 301 Well No. 1 (Permit No. 54098-F) Lot 298 Well No. 1 3. Legal Description of the Wells: Lot 301 Well No. 1 is located in the NE1/4 SW1/4 of Section 5, Township 10 South, Range 77 West, 6th P.M., Park County, at a point approximately 2,055 feet from the South Section line and 2,040 feet from the West Section line of said Section 5. It can also be described as being located on Lot 301 of the Foxtail Pines Subdivision, Filing 2, with a street address of 460 Thickspike Road, Fairplay, Colorado. Lot 298 Well No. 1 is located in the NE1/4 SW1/4 of Section 5, Township 10 South, Range 77 West, 6th P.M., Park County. It can also be described as being located on Lot 298 of the Foxtail Pines Subdivision, Filing 2, with a street address of 551 Thickspike Road, Fairplay, Colorado. The precise location of the well on Lot 298 will be determined when the well is drilled. 4. Source of Water: Ground water that is tributary to Four Mile Creek and the South Fork of the South Platte River. a. Dates of Appropriation: Lot 301 Well: June 25, 2001 Lot 298 Well: July 31, 2018 b. How Appropriation was Initiated: Lot 301 Well: By drilling and testing the subject well. Lot 298 Well: By filing this Application. c. Dates Water Applied to Beneficial Use: Lot 301 Well: June 25, 2001 Lot 298 Well: N/A 5. Amounts Claimed: Lot 301 Well: 5 gpm, ABSOLUTE, 10 gpm, CONDITIONAL Lot 298 Well: 15 gpm, CONDITIONAL 6. Uses: Ordinary household purposes inside a single-family dwelling and fire protection purposes, ABSOLUTE watering of horses and the maintenance of hot tubs/spas CONDITIONAL. 7. Names and Addresses of Owners of Land on which the Wells are Located: Co-Applicants: Gregory McCallum and Julie Vihstadt-McCallum 8. Remarks: Upon approval of this appropriation and augmentation plan, Gregory McCallum and Julie Vihstadt-McCallum will apply to amend or replace their well permit, Permit No. 54098-F, to include the new uses authorized by a decree entered in this case. The Lot 298 Well does not currently exist; Gregory McCallum and Julie Vihstadt-McCallum plan to apply for a well permit for that well this fall prior to drilling that well. CLAIM NO. 2: APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT 1. Names of Structures to be Augmented: Lot 301 Well No. 1 (Permit No. 54098-F) and Lot 298 Well No. 1. 2. Water Rights to be Used for Augmentation Purposes: a. Gregory McCallum and Julie Vihstadt-McCallum have entered into a contract with North Fork Associates, LLC to purchase one share of the capital stock of the Mountain Mutual Reservoir Company (“MMRC”). The one share represents the right to receive 0.032 acre feet of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders, as more particularly described below. b. The water rights which MMRC owns for the

benefit of its shareholders to be used in this plan for augmentation are summarized as follows: (1) Guiraud 3T Ditch. MMRC owns 3.481 cubic feet per second of the water rights decreed in the Guiraud 3T Ditch as follows:

Adjudication Date Appropriation Date Amount

Oct. 18, 1889 July 1, 1867 20 cfs (Original Adjudication Water District 23)

The Guiraud 3T Ditch headgate is located on the South bank of the Middle Fork of the South Platte River in the NE 1/4, Section 8, Township 11 South, Range 76 West, 6th P.M., Park County, Colorado, at a point whence the Northeast Corner of the NE 1/4 of said Section 8 bears North 63° 35” East, 1,305 feet. Originally decreed for irrigation uses, this water right has been subject to various change proceedings. Past decrees have determined the average annual consumptive use under the Guiraud 3T Ditch to be 21.82 acre feet per year per 1.0 cfs. (2) Lower Sacramento Creek Reservoir No. 1. North Fork Associates owns a 21.8 percent interest in the Lower Sacramento Creek Reservoir No. 1. The Reservoir has been constructed and holds the following decree for domestic, municipal, commercial, industrial, irrigation, fish and wildlife propagation, recreational and all other beneficial purposes, including exchange to compensate for depletions in the South Platte River or its tributaries.

Adjudication Date Appropriation Date Amount (AF)

1974: Case No. W-7741-74 July 25, 1974 40

The Reservoir is located in the NE 1/4 NW 1/4, Section 32 and the SE 1/4 SW 1/4, Section 29, Township 9 South, Range 77 West, 6th P.M., Park County, Colorado. Releases form the Reservoir are made pursuant to the decrees issued in Case Nos. 84CW250 and 85CW465. Guiraud 3T Ditch water owned by MMRC is stored in the Reservoir pursuant to an exchange decreed in Case No. 96CW287. The augmented structures and augmentation supplies are shown on the maps attached as Exhibit A. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under C.R.S. §37-92-103(9), §302(a)(2) and §305(8): a. Lot 301 Well No. 1 (Permit No. 54098-F) and Lot 298 Well No. 1 are subject to the plan for augmentation decreed in Case Nos. W-8480-77 and 84CW250, Water Division 1. Use of water from each well covered by those augmentation plan decrees is limited to in-house purposes within a single-family residence. The owners of the subject wells ("Property Owners"), desire to expand the use of water from the wells to include the watering of horses (two total) and the maintenance of water levels in hot tubs/spas (two total). b. Water requirements for horses or horse equivalents are assumed to be 10 gallons per animal per day. Maintenance of water levels in each hot tub/spa is projected to require 0.005 of an acre foot of water per year. c. All of the water supplied to livestock, and the water required to operate and maintain each hot tub/spa, is assumed to be consumed. Maximum stream depletions, including any applicable stream transportation charges, are not anticipated to exceed 0.0320 of an acre foot per year. Depletions during the irrigation season of five months will average 0.013 of an acre foot. Depletions during the remainder of the year will average 0.019 of an acre foot. d. The required volume of augmentation water will be provided from the sources described in Paragraph No. 2, above. e. In order to assure that sufficient augmentation water will be available to augment the anticipated stream depletions, 0.00147 of a cubic foot per second of the Guiraud 3T Ditch priority, yielding 0.0320 of an acre foot of water per year, will be reserved for use in this plan for augmentation. f. Whenever possible, depletions to the stream system which occur during the period May through September 31, inclusive, will be continuously augmented by MMRC forgoing the diversion of a portion of its Guiraud 3T Ditch water rights. During times when the Guiraud 3T Ditch water rights are not in priority and during the non-irrigation season, depletions will be augmented by releasing water from Lower Sacramento Creek

Reservoir. A portion of the Guiraud 3T Ditch priority will be stored in the Lower Sacramento Creek Reservoir, pursuant to the exchange decreed in Case No. 96CW287. g. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases of short duration. Transportation charges from the point where water is released from MMRC's facilities to the stream system, to the point of depletion from the subject wells, will be computed on the basis of 0.13 percent per mile. h. Applicants seek changes in the decree for the Guiraud 3T Ditch so that 0.00147of a cubic foot per second of said Decree can be assigned as an in-stream augmentation credit to offset depletions from the subject wells. Applicants also seek judicial confirmation that the Guiraud 3T Ditch water can be stored in the Lower Sacramento Creek Reservoir No. 1, and that storage water available to them in the Lower Sacramento Creek Reservoir No. 1 can be utilized for replacement and augmentation purposes. i. Since the point of depletion associated with water usage at the subject development is upstream of the point of delivery of augmentation water from the Guiraud 3T Ditch and the Lower Sacramento Creek Reservoir, Applicants assert an appropriative right of substitution and exchange pursuant to C.R.S. Sections 37-80-120 and 37-92-302(1)(a). The reach of the exchange shall extend from the confluence of the South Fork of the South Platte River and the South Platte River in the NE 1/4 NE 1/4, Section 14, Township 12 South, Range 72 West, thence up the South Fork of the South Platte River to its confluence with Four Mile Creek in the SW 1/4 NE 1/4, Section 7, Township 12 South, Range 74 West, thence up Four Mile Creek to its confluence with an unnamed creek in the NW 1/4 SW 1/4, Section 22, Township 10 South Range 77 West, thence up the unnamed creek to the point of depletion in the NE 1/4 SW 1/4, Section 5, Township 10 South, Range 77 West of the 6th P.M. In the event that there is an intervening senior water right that precludes the exchange, the applicant can either have replacement water delivered by truck to the point of depletions or have an on-site container from which replacement water may be released. The exchange will operate to replace depletions to the flow of water in the stream system as the depletions occur. The exchange will be administered with a priority date of July 31, 2018, at a maximum flow rate of 0.001 of a cubic foot per second. 4. Names and Addresses of Owners of Land on which New Structure will be Located: Gregory McCallum and Julie Vihstadt-McCallum WHEREFORE, the Applicants request the entry of a decree approving this Application, specifically (1) granting the appropriations sought in this application, (2) authorizing use of the augmentation supplies sought in this application, (3) determining that the source and location of delivery of augmentation water are sufficient to prevent material injury to vested water rights. The Applicants also request a determination that the wells described herein can be operated for the requested expanded uses without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. The Applicants further request the entry of an Order directing the State Engineer to issue well permits for the uses and expanded uses of the subject wells requested by the Applicants.

18CW3114 (11CW073, 03CW379, 96CW233, 90CW074, 86CW100/86CW099, 80CW361) Jefferson County School District R-1, c/o Tim Reed, Executive Director, Facilities & Construction Management, 809 Quail Street, Building 4, Lakewood, Colorado 80215, (303) 982-2376 (c/o Jennifer M. DiLalla, William D. Davidson, Moses, Wittemyer, Harrison and Woodruff, P.C., 2595 Canyon Boulevard, Suite 300, Boulder, Colorado 80302). APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN JEFFERSON COUNTY. Conditional water right: Name of structure: Marshdale Well No. 2. Original decree: Case No. 80CW361, entered June 11, 1982. Subsequent decrees awarding diligence: Consolidated Case Nos. 86CW099 and 86CW100, entered on October 5, 1988; Case No. 90CW074, entered on October 9, 1990; Case No. 96CW233, entered on November 10, 1997; Case No. 03CW379 entered on April 21, 2005; and Case No. 11CW073, entered on July 12, 2012. Location: In the SE1/4 of the NW1/4 of Section 26, Township 5 South, Range 71 West of the 6th P.M., Jefferson County, Colorado, at a point approximately 3,900 feet west and 2,455 feet south of the northeast corner of said Section 26, as depicted on the map attached to the application as Exhibit A. Source: Groundwater tributary to North Turkey Creek. Amount: 13 gpm (0.029 cfs) ABSOLUTE; 7 gpm (0.015) cfs CONDITIONAL. Appropriation date: November 30, 1973. Uses: Municipal purposes and irrigation of not more than 1.0 acre at the Marshdale Elementary School site in Section 26, Township 5 South, Range 71 West of the 6th

P.M., Jefferson County, Colorado, which is more fully described as Tracts A, B, and C in that certain deed recorded in Book 2610, at Pages 795-796 of the real estate records of the Clerk and Recorder of Jefferson County, Colorado. All pumping must be in accordance with the decree in Case No. W-8757-77, entered on March 13, 1980, as modified by the decree in Case No. 94CW118, entered on December 16, 1994. Depth: 300 feet. Detailed outline of what has been done toward completion of the appropriation and application of water to beneficial use as conditionally decreed, including expenditures: The diligence period for Marshdale Well No. 2 is July 2012 through July 2018 (“Diligence Period”). During the Diligence Period, the School District worked diligently to develop the water right decreed to Marshdale Well No. 2, complete the appropriation and place the water to beneficial use, as described below. Marshdale Well No. 2 is part of the School District’s integrated system for supplying water to Marshdale Elementary School and the School District’s West Area Transportation Facility (a/k/a the Marshdale Transportation Terminal) (collectively, the “Marshdale Facilities”). “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 the water rights for all features of the entire project or system.” C.R.S. § 37-92-301(4)(b). The School District’s Districtwide Facilities Master Plan calls for constructing a new Marshdale Elementary School at the site of the existing Marshdale Elementary School. In August of 2018, the School District’s Board of Education will determine whether to place a bond package to fund the replacement of Marshdale Elementary School on the November 2018 ballot. Any new Marshdale Elementary School will need to be larger than the current Marshdale Elementary School due to expected changes in school enrollment and changes in the plumbing code and other regulations. Therefore, while the School District currently uses Marshdale Well No. 3 as the primary source of water for the Marshdale Facilities and relies on Marshdale Well No. 2 as a backup well, the School District needs to plan for a higher demand for water at a new, larger Marshdale Elementary School. If a bond package to fund replacement of Marshdale Elementary School is not placed on the ballot or is rejected, the School District will continue to operate the existing Marshdale Elementary School and will continue to rely on Marshdale Well No. 2 as a backup well and as a source of additional supply in the event of increased enrollment. In addition to planning for potential placement of the bond package on the November 2018 ballot, the School District has taken the following action and incurred the following expenses with respect to Marshdale Well No. 2 and the Marshdale Facilities during the Diligence Period: The School District tested the quality of water pumped from Marshdale Well No. 2, Marshdale Well No. 1, and Marshdale Well No. 3 to determine whether such water meets all applicable standards, including without limitation laboratory detection limits for organics, at a cost of approximately $5,861. The School District developed the Mountain Area Water and Wastewater Master Plan, which describes and prioritizes infrastructure and regulatory compliance investments the School District plans to make in the District’s water supply and wastewater systems for the Marshdale Facilities and other West Jefferson-area facilities, at a cost of approximately $107,039. The School District designed and installed new on-site wastewater treatment systems for the Marshdale Facilities, at a cost of approximately $656,043. The School District operated, maintained, and upgraded the Marshdale Facilities’ water and wastewater systems, at a cost of approximately $79,298. The School District continued to operate the water supply system for the Marshdale Facilities under the augmentation plan approved in Case No. W-8757-77, as modified by the decree entered in Case No. 94CW118. The School District expended approximately $41,555 in legal fees for activities related to development and protection of its water rights, including the conditional portion of the water right decreed to Marshdale Well No. 2. Those activities included, without limitation, filing and prosecuting applications in water court for findings of reasonable diligence for other water rights for the School District’s West Jefferson-area facilities; monitoring the water court filings of other water users to protect the School District’s water rights; and participating in water court cases as an objector. 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: No new diversion or storage structure or modification to any existing diversion or storage structure will be constructed pursuant to this application. The School District owns the land upon which Marshdale Well No. 2 is located. WHEREFORE, the School District requests

that the Court enter a decree (i) granting this Application; (ii) finding that the School District has exercised reasonable diligence in developing the conditional water right for Marshdale Well No. 2 during the Diligence Period; and (iii) continuing the conditional water right for Marshdale Well No. 2 in full force and effect for six years from the month in which a final decree is entered in this case. 5 pages plus Exhibit A. 18CW3115 SKIECHO, LLC, 8500 Normandale Lake Blvd., Suite 1750, Bloomington, MN 55437, Phone: (952) 887-1887, Email: fred@echomountainresort.com. Attorneys: John M. Dingess and Teri L. Petitt, Hamre. Rodriguez, Ostrander & Dingess, P.C., 3600 S. Yosemite Street, Suite 500, Denver, Colorado 80237-1829, phone (303) 779-0200, fax (303) 779-3662, mail@hrodlaw.com, jdingess@hrodlaw.com, poolteri@hrodlaw.com. APPLICATION TO MAKE CONDITIONAL WATER RIGHTS ABSOLUTE, FOR A FINDING OF REASONABLE DILIGENCE, AND TO CONTINUE CONDITIONAL WATER RIGHTS in CLEAR CREEK COUNTY. The water rights that are the subject of this case and the lands on which they are beneficially used (“Echo Mountain Resort”) were originally owned by EMJ Squaw Pass, LLC. On August 27, 2012 the water rights and lands were purchased by Pykkonen Capital, LLC. Subsequently on October 6, 2016, the water rights and lands were purchased by the present owner, SkiEcho, LLC. The water rights that are the subject of this case and the lands on which they are beneficially used (“Echo Mountain Resort”) were originally owned by EMJ Squaw Pass, LLC. On August 27, 2012 the water rights and lands were purchased by Pykkonen Capital, LLC. Subsequently on October 6, 2016 the water rights and lands were purchased by the present owner, SkiEcho, LLC. 2. NAMES AND LEGAL DESCRIPTIONS OF STRUCTURES (Exhibit A): 2.1. Well No. 1 (aka Poseidon Well) Well Permit No. 63586-F: SW1/4 SW1/4 of Section 24, Township 4 South, Range 73 West of the 6th PM, 1170 feet from the South section line and 324 feet from the West section line. 2.2. Well No. 2 (aka Crackin’ Well) Well Permit No. 63589-F (original) / Well Permit No. 81944-F (replacement well): SE1/4 SE1/4 of Section 23, Township 4 South, Range 73 West of the 6th PM, 1134 feet from the South section line and 468 feet from the East section line. 2.3. Well No. 3 (aka Eurotas Well) Well Permit No. 63588-F: NE1/4 SE1/4 of Section 23, Township 4 South, Range 73 West of the 6th PM, 2148 feet from the South section line and 175 feet from the East section line. 2.4. Well No. 4 (aka Wahoo Well) Well Permit No. 63587-F-R (original) / Well Permit No. 81943-F (replacement well): NE 1/4 SE1/4 of Section 23, Township 4 South, Range 73 West of the 6th PM, 1830 feet from the South section line and 1040 feet from the East section line. 2.5. Well No. 5 (aka Rock Star Well) Well Permit No. 81446-F: To be generally located in the NE1/4 SE1/4 of Section 23, Township 4 South, Range 73 West of the 6th PM, approximately 1665 feet from the South section line and 10 feet from the East section line. 2.6. Well No. 6 (aka Stoked Well) well permit pending: To be generally located in the SW1/4 SW1/4 of Section 24, Township 4 South, Range 73 West of the 6th PM, approximately 594 feet from the South section line and 75 feet from the West section line. 3. DESCRIPTION OF CONDITIONAL WATER RIGHTS: 3.1. Original Decree: Water Division 1, Case No. 2004CW322, July 23, 2012. 3.2. Legal Descriptions: See Paragraph 2, Above. 3.3. Source: Ground water tributary to Clear Creek in fractured granitic rock. 3.4. Amounts: 3.4.1. Well No. 1 (Poseidon Well): 75.0 gpm (0.17 c.f.s.) conditional. 3.4.2. Well No. 2 (Crackin’ Well): 75.0 gpm (0.17 c.f.s.) conditional. 3.4.3. Well No. 3 (Eurotas Well): 75.0 gpm (0.17 c.f.s.) conditional. 3.4.4. Well No. 4 (Wahoo Well): 100.0 gpm (0.21 c.f.s.) conditional. 3.4.5. Well No. 5 (Rock Star Well): 75.0 gpm (0.17 c.f.s.) conditional. 3.4.6. Well No. 6 (Stoked Well): 75.0 gpm (0.17 c.f.s.) conditional. The combined annual maximum amount of pumping from all wells listed above may not exceed 30.0 acre-feet. 3.5. Appropriation Date: July 5, 2004. 3.6. Uses: Applicant will make use of the water diverted at the Echo Mountain Ski Area and on the adjacent U.S. Forest Service lands for the following purposes: Domestic, sanitary, snowmaking, fire protection, storage and subsequent application to beneficial uses; exchange purposes, and for the replacement, exchange, or augmentation of diversions. In addition to the initial storage of such water, Applicant has the right to store for use, re-use, successive use of such water to extinction. Reuse and successive uses will be limited to the boundaries of the Echo Mountain Ski Area and the adjacent U.S. Forest Service lands. The Applicant may also fill and refill storage sites, and carryover stored water on the same terms, with the same appropriation date and for the same purposes as are described above. 4. DETAILED OUTLINE OF WHAT WAS DONE TOWARD

COMPLETION OF THE APPROPRIATION AND APPLICATION OF WATER TO A BENEFICIAL USE AS CONDITIONALLY DECREED, INCLUDING EXPENDITURES. Considerable efforts have made by the Applicant and its predecessors in interest toward the continuing development of the conditional water rights decreed in Water Division 1, Case No. 04CW322 which are an integral part of the water supply system developed for the Echo Mountain Resort. These efforts include the following (expenditure numbers are rounded to the nearest $500): 4.1. Applicant and/or its predecessors in interest performed the following work associated with the development and maintenance of the water rights at issue herein, including its physical water delivery system: 4.1.1. In the fall of 2012, the Applicant’s predecessor in interest replaced two broken meters at Well No. 2 (Crackin’ Well) and Well No. 3 (Eurotas Well). 4.1.2. In October 2016, the Applicant’s predecessor in interest installed replacement pumps at Well No. 2 (Crackin’ Well) and Well No. 3 (Eurotas Well) at a cost of approximately $20,500. 4.1.3. In the fall of 2016, the Applicant spent at least $19,500 to replace the water line from Well No. 1 (Poseidon Well) to the pump room in the Cabin building. 4.1.4. In October 2017, the Applicant obtained a permit to drill Well No. 5 (Rock Star Well). In April 2018, the Applicant obtained permits to replace Well No. 2 (Crackin’ Well) and Well No. 4 (Wahoo Well). The Applicant has obtained estimates on the costs to drill and re-drill these wells, with plans to do so in the immediate future. 4.2. Applicant performed the following work associated with the development and maintenance of the water storage rights at the Echo Mountain Resort: 4.2.1. During 2017, the Applicant hired a professional diver to inspect Upper Reservoir No. 1 for deterioration and damage to the lining. Applicant’s expenses in this regard total approximately $350. 4.2.2. In June and July of 2018, the Applicant drained Upper Reservoir No. 1 to conduct further inspections of the lining and to clean out silt from the reservoir. Applicant’s expenses in this regard total at least $7,000. 4.2.3. In January 2017, Applicant commenced negotiations with the United States Forest Service to obtain access to the decreed site of the Warren Gulch Reservoir No. 1. Access is necessary prior to construction of a road to the site and construction of the reservoir. 4.3. In addition to extensive work to build, maintain and upgrade the water collection and distribution system at the Echo Mountain Resort, the Applicant’s predecessors in interest spent significant sums to build, remodel and maintain the buildings located at the resort, as well as to build and maintain the ski runs and chairlifts. Since it purchased the Echo Mountain Resort in October of 2016, the Applicant itself has spent at least $968,500 to renovate the existing buildings, to repair and maintain the chair lifts and runs, and to bring grid power to the property. 4.4. These water rights are part of a unified system for providing water to the Echo Mountain Resort. Applicant and its predecessors in interest have engaged Water Resource Engineering to assist with the development of these water rights, and those rights decreed in WD-1, Case Nos. 04CW323 and 04CW324, and to manage and accurately account for Applicant’s diversions and depletions under this decree, to report these diversions and depletions to the Division Engineer and to report annual diversions and depletions to Clear Creek County since before the application was filed in Water Division 1 in 2004. From 2003 through July 2012, Applicant’s predecessors in interest paid at least $105,000 to Water Resource Engineering for these services. Between August 2012 to July 2018, Applicant and its predecessors in interest have paid at least $20,000 to Water Resource Engineering for these services. 4.5. Applicant and its predecessors in interest have engaged legal counsel in the development of these water rights leading to the original decree herein, legal defense and protection of its water rights, including continued engagement of legal counsel to review monthly resumes of applications filed in Water Division 1 and filing statements of opposition to applications which are deemed to have potentially adverse effects on the Applicant’s water rights or its water development and delivery systems. Applicant and its predecessors in interest’s legal expenses with regard to these water rights and those decreed in 04CW323 and 04CW324 total at least $170,000 from 2003 through July 2012 and $17,000 from August 2012 to July 2018. 5. CLAIMS TO MAKE ABSOLUTE 5.1. Applicant and/or its predecessors in interest have diverted and beneficially used the water rights almost continually since the wells were drilled. Accordingly, the Applicant claims the following amounts as absolute (Exhibit B): 5.1.1. Well No. 1 (Poseidon Well) 5.1.1.1. Dates of diversion and application to beneficial use: February 1 to February 29, 2016. 5.1.1.2. Amount: 0.005 cfs 5.1.1.3. Place of Use: Echo Mountain Resort 5.1.2. Well No. 2 (Crackin’ Well) 5.1.2.1. Dates of diversion and application to beneficial use: January 16, 2006 to January 23, 2006. 5.1.2.2. Amount: 0.139 cfs 5.1.2.3. Place of Use: Echo

Mountain Resort 5.1.3. Well No. 3 (Eurotas Well) 5.1.3.1. Dates of diversion and application to beneficial use: January 1, 2017 to January 2, 2017 5.1.3.2. Amount: 0.096 cfs 5.1.3.3. Place of Use: Echo Mountain Resort 5.1.4. Well No. 4 (Wahoo Well) 5.1.4.1. Dates of diversion and application to beneficial use: March 15, 2007 5.1.4.2. Amount: 0.023 cfs 5.1.4.3. Place of Use: Echo Mountain Resort 6. NAMES AND ADDRESSES OF OWNERS OF THE LAND UPON WHICH ANY NEW DIVERSION OR STORAGE STRUCTURE OR MODIFICATION TO ANY EXISTING DIVERSION OR STORAGE STRUCTURE OR EXISTING STORAGE POOL IS OR WILL BE CONSTRUCTED OR UPON WHICH WATER IS OR WILL BE STORED. 6.1. SkiEcho, LLC, 8500 Normandale Lake Blvd., Suite 1750, Bloomington, MN 55437. Prayers for Relief: WHEREFORE, the Applicant respectfully requests that this Court enter a decree: (1) finding that the Applicant has executed reasonable diligence in the development of the above-referenced conditional water rights; (2) confirming that the above-described conditional water rights are part of an integrated water system and that due diligence as to any one component constitutes due diligence on all parts of such system; (3) awarding the above-described absolute water rights in the amounts described above; (4) continuing the remaining conditional water rights in full force as decree; and for such other and further relief as this Court deems just and proper. (Application and attachments are 10 pages). 18CW3116 Groundwater Management Subdistrict of the Central Colorado Water Conservancy District (“GMS” or “Applicant”), 3209 West 28th Street, Greeley, Colorado 80634. (970) 330-4540. Please send all future correspondence and pleadings to: Bradley C. Grasmick, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Ste. 1, Johnstown, CO 80534; Telephone: 970-622-8181. APPLICATION FOR CORRECTION OF ERRONEOUSLY DESCRIBED POINTS OF DIVERSION PURSUANT TO C.R.S. §37-92-305(3.6) AND TO ADD WELL TO AUGMENTATION PLAN, in WELD COUNTY. 2. Augmentation Plan. Applicant operates an augmentation plan decreed in Case No. 02CW335 ("GMS Plan"). ¶ 14.5 of the decree in Case No. 02CW335 allows the addition of wells to the plan subject to notice and terms and conditions. 3. Structure to be Added and Augmented. 3.1. Structure Name: Mark Well No. 1, “Mark Well”; Well Permit No. 10366-R-R, WDID 0205051. 3.2. Names and Addresses of Owners of Well: 3.2.1. Edward E. and Dru E. Mark, 22824 WCR 40, LaSalle, Colorado 80645. 3.2.2. Dorothy J. Mark, 22264 WCR 40, LaSalle, Colorado 80645. 3.2.3. Joseph F. Mark, 3082 Windward Ct., Colorado Springs, Colorado 80917. 3.3. Decreed Location. SE1/4 NW1/4 of Section 35, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado, at a point 1,774 feet South and 2,746 feet West of the NE section corner, said Section 35. 3.4. Previous Decree: A decree was entered in Case No. W-2392 on May 2, 1973 adjudicating Mark Well in the amount of 3.33 cfs with an appropriation date of September 20, 1955 for irrigation of 163 acres total, being a part of the NE1/4, NW1/4 and the SE1/4 of Section 35, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.5. GMS Contract No.: Contract No. 1205 was approved on June 19, 2018 (Exhibit A) and allows Mark Well to be used as a secondary supply, to surface water, for flood irrigation of 81 acres and sprinkler irrigation of 82 acres, within Section 35, Township 4 North, Range 65 West, of the 6th P.M. in Weld County, Colorado. 4. Addition of Well to GMS Augmentation Plan Proposed Terms and Conditions. 4.1. Consumptive Use Factors. The terms and conditions for Mark Well will be the same as for the other Member Wells in the Decree. The consumptive use factor will be 60% for flood irrigated acres and 80% for sprinkler irrigated acres. The method for determining future well depletions will be those set out in the Decree at if 17.3.3.2. The Well will be subject to all the terms and conditions for operation as for other Member Wells in the Decree. 4.2. Net Stream Depletions. Depletions resulting from the use of groundwater and accretions resulting from deep percolation of groundwater applied for irrigation will be lagged back to the South Platte River using the Glover alluvial aquifer method and the following parameters.

Distance to Stream from Aquifer Boundary (ft)

Distance to Stream from Well (ft)

Specific Yield

Mean Harmonic Transmissivity (gpd/ft)

(1) (2) (3) (4) 1,830 150 0.2 129,100

Notes: (1) Shortest measured distance between the well and Beebe Draw plus the shortest measured distance between the well and the aquifer boundary [3]. (2) Shortest measured distance between the well and Beebe Draw. (4) Calculated by dividing the distance from Beebe Draw to the well by the sum of the quotient of the length of the path across each crossed grid cell and that grid cell’s transmissivity value [3]. 4.3. The Mark Well was not previously included in an augmentation plan and there are no records of pumping the well. Due to its proximity to the Beebe Draw Seep Canal, there would not be any remaining post depletions from the Well had it previously pumped. Future out-of-priority depletions caused by diversions of Mark Well will be accounted for in accordance with GMS Contract No. 1205, the Decree in Case No. 02CW335 and the decree entered herein. See White Sands Water Engineers Report attached as Exhibit B. 5. Proposed Correction of Location of Well—Correction to an Established But Erroneously Described Point of Diversion. Applicant seeks to correct the decreed location of Mark Well to its actual location in accordance with C.R.S. §37-92-305(3.6). 5.1. Original decreed Location. SE1/4 NW1/4 of Section 35, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado, at a point 1,774 feet South and 2,746 feet West of the NE section corner, said Section 35. 5.2. Correct Well Location. The well is physically located in the SE1/4 NW1/4 of Section 35, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado, at a point 2,615 feet South and 3,460 feet West of the NE section corner, said Section 35 which is approximately 1,100 feet from its decreed location. The Mark Well has never been located in the decreed location. It was moved pursuant to a valid well permit but it is not within 200 feet of the location specified in the applicable decree as noted in Edward Mark’s Affidavit attached hereto as Exhibit C. See also White Sands Water Engineers Report attached as Exhibit B. 5.3 Authority. C.R.S. §37-92-305(3.6) allows the owner of a well to file an application for the correction to an established but erroneously described point of diversion. An established but erroneously described point of diversion is one that is in the same physical location as when it was decreed or has been moved pursuant to a valid well permit, but is not within 200 feet of the location specified on the applicable decree. C.R.S. §37-92-305(3.6)(a, b). An applicant can apply for a correction to an established but erroneously described point of diversion if there is already a diversion at the corrected point of diversion and one or more water rights are diverted at the corrected point of diversion. C.R.S. §37-92- 305(3.6)(d)(IV). 6. Name and Address of Owners of Structures. 6.1 Edward E. and Dru E. Mark, 22824 WCR 40, LaSalle, Colorado 80645. 6.2 Dorothy J. Mark, 22264 WCR 40, LaSalle, Colorado 80645. 6.3. Joseph F. Mark, 3082 Windward Ct., Colorado Springs, Colorado 80917. 5 pages, 3 exhibits. 18CW3117 SKIECHO, LLC, 8500 Normandale Lake Blvd., Suite 1750, Bloomington, MN 55437, Phone: (952) 887-1887, Email: fred@echomountainresort.com. Attorneys: John M. Dingess and Teri L. Petitt, Hamre. Rodriguez, Ostrander & Dingess, P.C., 3600 S. Yosemite Street, Suite 500, Denver, Colorado 80237-1829, phone (303) 779-0200, fax (303) 779-3662, mail@hrodlaw.com, jdingess@hrodlaw.com, poolteri@hrodlaw.com. APPLICATION FOR A FINDING OF REASONABLE DILIGENCE, AND TO CONTINUE CONDITIONAL WATER RIGHTS in CLEAR CREEK COUNTY. The water rights that are the subject of this case and the lands on which they are beneficially used (“Echo Mountain Resort”) were originally owned by EMJ Squaw Pass, LLC. On August 27, 2012 the water rights and lands were purchased by Pykkonen Capital, LLC. Subsequently on October 6, 2016, the water rights and lands were purchased by the present owner, SkiEcho, LLC. 2. NAMES AND LEGAL DESCRIPTIONS OF STRUCTURES, EXCHANGE TO AND EXCHANGE FROM LOCATIONS (Exhibits A & B): 2.1. West Clear Creek Exchange: The exchange reach includes West Clear Creek from its confluence with Clear Creek located in the SE1/4 Section 27, Township 3 South, Range 74 West of the 6th P.M. upstream to the points of diversion of the Golden Reservoir Nos. 1 through 3 described below: 2.1.1. Golden

Reservoir No. 1: Located in the NW1/4 SW1/4 of Section 29, Township 3 South, Range 74 West of the 6th P.M., in Clear Creek County. The right (south) abutment of the dam is located at a point whence the SE corner of Section 29, Township 3 South, Range 74 West of the 6th P.M. bears S. 66°25’ E. a distance of 4842 feet. 2.1.2. Golden Reservoir No. 2: Located in the N1/2 SW1/4 and the NW1/4 SE1/4 of Section 29, Township 3 South, Range 74 West of the 6th P.M., in Clear Creek County. The right (south) abutment of the dam is located at a point whence the SE corner of Section 29, Township 3 South, Range 74 West of the 6th P.M. bears S. 56°48’ E. a distance of 2792 feet. 2.1.3. Golden Reservoir No. 3: Located in the N1/2 SE1/4 of Section 29, Township 3 South, Range 74 West of the 6th P.M., in Clear Creek County. The right (south) abutment of the dam is located at a point whence the SE corner of Section 29, Township 3 South, Range 74 West of the 6th P.M. bears S. 21°44’ E. a distance of 2031 feet. 2.2. Little Bear Creek/Warren Gulch Exchange: The exchange reach includes Little Bear Creek and Warren Gulch beginning at a downstream location at the confluence of Clear Creek and Little Bear Creek located in the SW1/4 Section 36, Township 3 South, Range 73 West of the 6th P.M. and extending upstream to the points of storage located at the Echo Mountain Resort (“on-site storage”) described below: 2.2.1. Upper Reservoir No. 1: The reservoir is located off-stream in the SE1/4 SE1/4 of Section 23, Township 4 South, Range 73 West of the 6th PM, with the centerline of the dam located 290 feet from the East Section line and 1090 feet from the South Section line in Clear Creek County, Colorado. 2.2.2. Upper Reservoir No. 2: The reservoir will be generally located off-stream in the SE1/4 SE1/4 of Section 23, Township 4 South, Range 73 West of the 6th PM, with the centerline of the dam located 230 feet from the East section line and 1260 feet from the South section line in Clear Creek County, Colorado. 2.2.3. Warren Gulch Reservoir No. 1: The reservoir will be generally located on-stream in the SW1/4 SW1/4 of Section 13, Township 4 South, Range 73 West of the 6th PM, with the centerline of the dam located 700 feet from the West section line and 640 feet from the South section line in Clear Creek County, Colorado. 2.3. Warren Gulch Exchange: The exchange reach extends from a downstream point located on Warren Gulch in the SW1/4, Section 13, Township 4 South, Range 73 West of the 6th P.M. upstream to the various points of on-site storage described in paragraphs 2.2.1 to 2.2.3, above. 2.4. Clear Creek Exchange: The exchange reach extends from a downstream location at the confluence of Clear Creek and Little Bear Creek, located in the SW1/4 Section 36, Township 3 South, Range 73 West of the 6th P.M., and extending upstream to the points of storage of Golden Reservoir Nos. 1 through 3 located on West Clear Creek described in paragraphs 2.1.1. to 2.1.3, above. 3. DESCRIPTION OF CONDITIONAL WATER RIGHTS: 3.1. Original Decree: Water Division 1, Case No. 2004CW323, decreed July 31, 2012. 3.2. Legal Descriptions: See Paragraph 2, above. 3.3 Sources of Water Supply: 3.3.1. West Clear Creek Exchange: The Applicant will store water in the Golden Reservoir Nos. 1 through 3 described above in paragraphs 2.1.1. to 2.1.3. in exchange for water introduced into upper Clear Creek from the following sources: 3.3.1.1. The Applicant’s predecessor in interest entered into an agreement with the Board of County Commissioners of Clear Creek County (“Clear Creek”) on April 1, 2005, whereby the Applicant’s predecessor in interest agreed to lease up to 35 acre feet per year of the consumptive use water attributed to Clear Creek’s Vidler Tunnel and Henderson Mine water rights. Applicant’s predecessor in interest and Clear Creek amended this agreement on April 1, 2012 and June 26, 2013. Applicant’s predecessor in interest assigned all of its rights and obligations under this agreement to Applicant on or about August 24, 2016. Pursuant to the original agreement and the two amendments, the Applicant’s agreement with Clear Creek County to lease direct flow water right expires on March 31, 2025, subject to negotiation of a new agreement or renewal of the original agreement with Clear Creek County. 3.3.1.1.1. Vidler Tunnel Rights: 3.3.1.1.1.1. Rice Ranch Rights: Previously decreed by the District Court for Water Division 5 in Case Nos. 217 and W-2110. 3.3.1.1.1.2. Arduser Ditch Rights: Previously decreed by the Summit County District Court in Civil Action Nos. 1709 and 2350. 3.3.1.1.1.3. The Vidler Tunnel collects water attributable to the Rice Ranch Rights and the Arduser Ditch Rights from unnamed tributaries of Peru Creek, a tributary of the Snake River, in Sections 9, 16, 17 and 20, Township 5 South, Range 75 West of the 6th P.M. in Summit County, Colorado. The precise legal descriptions, amounts, and appropriation dates of these collection points are contained in the decrees for Case Nos. W-217 and W-2110, Water Division 5 and Civil Action Nos. 1709 and 2350, Summit County District Court. The water is collected from tributaries of the Snake River, as described above, and delivered

to the west portal of the Vidler Tunnel for transport to the Eastern Slope and delivery in the Upper Clear Creek watershed in the South Platte River Basin. The west portal of the Vidler Tunnel is located in Section 9, Township 5 South, Range 75 West of the 6th P.M. in Summit County, Colorado, at a point from which the SW corner of said Section 9 bears S.85°14’08”W., 3,361 feet. The eastern portal of the Vidler Tunnel is located in Section 10, Township 5 South, Range 75 West of the 6th P.M. in Clear Creek County, Colorado, at a point from which the NW corner of Section 10, Township 5 South, Range 75 West of the 6th P.M., bears N. 39°04”43” E. 9,185.0 feet. The total amount decreed to the Vidler Tunnel is 361 acre feet annually. 3.3.1.1.1.4. The Vidler Tunnel was decreed in 1974 as a transmountain diversion of water rights, which had been used historically for irrigation and agricultural purposes. Because the diversions have been limited to historical consumptive use, and are fully reusable in the receiving basin, additional data on historical use is not provided. 3.3.1.1.2. Henderson Mine Water: Water from the fractures in the rock above and surrounding the Henderson Mine, located in Clear Creek and Grand Counties, Colorado, decreed as nontributary, developed water by the District Court for Water Division 1 in Case Nos. W-7158, W-7158-77, 81CW275 and 85CW235 and the District Court for Water Division 5 in Case Nos. W-1700 and W-1700A-77. The Applicant’s interest in the Henderson Mine water rights is by agreement with Clear Creek County, as noted above, and is subject to the contractual rights and interests of other parties, including the City of Golden and the Coors Brewing Company, in the same water rights. 3.3.1.1.2.1. Legal Description: Beginning at a point at the center of Shaft No. 1 whence USLM Mineral Monument Rue bears N. 73 Degrees 42’ E. a distance of 3208.4 feet. This is an unsurveyed area but appears to be in Section 25, Township 3 South, Range 76 West of the 6th P.M., in Clear Creek County. An alternate point of diversion (Henderson Shaft No. 2) is located beginning at a point at the center of Shaft No. 2 whence USLM Mineral Monument Rue bears N. 77 degrees 16’ 46” E. a distance of 4931.33 feet. This is an unsurveyed area but appears to be in Section 25, Township 3 South, Range 76 West of the 6th P.M. in Clear Creek County. The Rue Monument is located at North Latitude 39 Degrees 46’ 17” and West Longitude 105 Degrees 49’ 58”. 3.3.1.1.2.2. Source: Nontributary ground water from the Henderson Mine. 3.3.1.1.2.3. Appropriation Date: April 1, 1967. 3.3.1.1.2.4. Amount: 5.0 cfs absolute from Water Division 1; 0.349 cfs absolute from Water Division 5. 3.3.1.1.2.5. Use: Industrial, domestic, irrigation, municipal, piscatorial, recreational, and all other lawful uses. 3.3.1.1.2.6. The Henderson Mine water rights were decreed for industrial, domestic, irrigation, municipal, piscatorial, recreational, and all other lawful purposes. Because the Henderson Mine water rights are nontributary and fully reusable, data on historical use is not provided. 3.3.2. Little Bear Creek/Warren Gulch Exchange: The Applicant will store water in one or more of its on-site reservoirs in exchange for the non-native water introduced into upper Clear Creek and not otherwise used for direct augmentation purposes. The source of non-native water is identified in paragraph 3.3.1.1. above and the location of on-site storage is described in paragraphs 2.2.1. to 2.2.3, above. 3.3.3. Warren Gulch Exchange: The Applicant will store water in one or more of its on-site reservoirs, described in paragraphs 2.2.1. to 2.2.3, in exchange for the delivery of water into lower Warren Gulch and Clear Creek in the form of snowmaking return flows. 3.3.4. Clear Creek Exchange: The Applicant will store water in one or more of the Golden Reservoir Nos. 1 through 3 described in paragraphs 2.1.1. to 2.1.3. above in exchange for the delivery of water into Clear Creek in the form of snowmaking return flows. 3.4. Amounts: 3.4.1. West Clear Creek Exchange: The rate of the exchange equals the actual rate of delivery of non-native water in upper Clear Creek, limited to a maximum exchange rate of 2.0 cfs, less any transit losses reasonably assessed by the water commissioner. 3.4.2. Little Bear Creek/Warren Gulch Exchange: The rate of exchange equals the actual rate of delivery of non-native water into upper Clear Creek, limited to a maximum exchange rate of 2.0 cfs, less any transit losses reasonably assessed by the water commissioner. 3.4.3. Warren Gulch Exchange: The timing and rate of exchange equals the actual snowmelt runoff as measured on-site, limited to a maximum exchange rate of 2.0 cfs. 3.4.4. Clear Creek Exchange: The timing and rate of exchange equals the actual snowmelt runoff as measured on-site, limited to a maximum exchange of 2.0 cfs. 3.5. Appropriation Date: July 5, 2004. 3.6. Uses: The Applicant will make use of the water made available by the subject water rights at Echo Mountain Ski Area and on the adjacent U.S. Forest Service lands for the following purposes: Commercial use for drinking and sanitary purposes associated with the operation of the skier services facilities, snowmaking, fire protection, storage and

subsequent application to beneficial uses; exchange purposes, and for the replacement, exchange, or augmentation of diversions. In addition to the initial storage of such water, Applicant has the rights to sell, lease or otherwise exercise the power of disposition over such water stored in the reservoirs by exchange, as well as the right to store for use, re-use, successively use and disposal of all such water rights to extinction. Reuse and successive uses will be limited to the boundaries of the Echo Mountain Ski Area and the adjacent U.S. Forest Service lands. The Applicant also has the right to fill and refill storage sites, and to carryover stored water on the same terms, with the same appropriation date and for the same purposes as are described above. The Applicant also has the right to use, reuse and consecutively use to extinction all of the water so exchanged for the uses set forth above provided the source of replacement was also fully reusable. 4. DETAILED OUTLINE OF WHAT WAS DONE TOWARD COMPLETION OF THE APPROPRIATION AND APPLICATION OF WATER TO A BENEFICIAL USE AS CONDITIONALLY DECREED, INCLUDING EXPENDITURES. Considerable efforts have made by Applicant and its predecessors in interest toward the continuing development of the conditional water rights decreed in Water Division 1, Case No. 04CW323, which are an integral part of the water supply system developed for the Echo Mountain Resort. These efforts include the following (expenditure numbers are rounded to the nearest $500): 4.1. Applicant and/or its predecessors in interest performed the following work associated with the development and maintenance of the water rights at issue herein and the water supply system at the Echo Mountain Resort: 4.1.1. On April 1, 2012 and June 26, 2013 Applicant’s predecessor in interest, Pykkonen Capital, LLC, met with the Board of County Commissioners of Clear Creek County and negotiated amendments to the April 1, 2005 Water Leasing Agreement. On or about August 24, 2016, Pykkonen Capital, LLC, assigned the Water Leasing Agreement and its amendments to the Applicant. Pursuant to the original Water Leasing Agreement and the two amendments, Clear Creek agreed to lease to the Applicant a maximum of 15 acre-feet of the consumptive use water attributed to Clear Creek’s Vidler Tunnel and Henderson Mine water rights and agreed to sub-lease a maximum of 15 acre-feet of storage space in the Golden Reservoirs Nos. 1, 2, and 3. The Applicant’s agreement with Clear Creek to lease direct flow water and to sub-lease storage space expires on March 31, 2025, subject to renewal of the agreement or negotiation of a new agreement with Clear Creek. 4.1.2. During 2017, the Applicant hired a professional diver to inspect Upper Reservoir No. 1 for deterioration and damage to the lining. Applicant’s expenses in this regard total approximately $350. 4.1.3. In June and July of 2018, the Applicant drained Upper Reservoir No. 1 to conduct further inspections of the lining and to clean out silt from the reservoir. Applicant’s expenses in this regard total at least $7,000. 4.1.4. In January 2017, Applicant commenced negotiations with the United States Forest Service to obtain access to the decreed site of the Warren Gulch Reservoir No. 1. Access is necessary prior to construction of a road to the site and construction of the reservoir. 4.1.5. In the fall of 2012, the Applicant’s predecessor in interest replaced two broken meters at Well No. 2 (Crackin’ Well) and Well No. 3 (Eurotas Well). 4.1.6. In October 2016, the Applicant’s predecessor in interest installed replacement pumps at Well No. 2 (Crackin’ Well) and Well No. 3 (Eurotas Well) at a cost of approximately $20,500. 4.1.7. In the fall of 2016, the Applicant spent at least $19,500 to replace the water line from Well No. 1 (Poseidon Well) to the pump room in the Cabin building. 4.1.8. In October 2017, the Applicant obtained a permit to drill Well No. 5 (Rock Star Well). In April 2018, the Applicant obtained permits to replace Well No. 2 (Crackin’ Well) and Well No. 4 (Wahoo Well). The Applicant has obtained estimates on the costs to drill and re-drill these wells, with plans to do so in the immediate future. 4.2. In addition to extensive work to build, maintain and upgrade the reservoirs and water collection and distribution system at the Echo Mountain Resort, the Applicant’s predecessors in interest spent significant sums to build, remodel and maintain the buildings located at the resort, as well as to build and maintain the ski runs and chairlifts. Since it purchased the Echo Mountain Resort in October of 2016, the Applicant itself has spent at least $968,500 to renovate the existing buildings, to repair and maintain the chair lifts and runs, and to bring grid power to the property. 4.3. These water rights are part of a unified system for providing water to the Echo Mountain Resort. Applicant and its predecessors in interest have engaged Water Resource Engineering to assist with the development of these water rights, which include those rights decreed in WD-1, Case Nos. 04CW322 and 04CW324, and to manage and accurately account for Applicant’s diversions and depletions under this decree, to report these diversions

and depletions to the Division Engineer and to report annual diversions and depletions to Clear Creek County since before the application was filed in Water Division 1 in 2004. From 2003 through July 2012, Applicant’s predecessors in interest paid at least $105,000 to Water Resource Engineering for these services. Between August 2012 to July 2018, Applicant and its predecessors in interest have paid at least $20,000 to Water Resource Engineering for these services. 4.4. Applicant and its predecessors in interest have engaged legal counsel in the development of these water rights leading to the original decree herein, legal defense and protection of its water rights, including continued engagement of legal counsel to review monthly resumes of applications filed in Water Division 1 and filing statements of opposition to applications which are deemed to have potentially adverse effects on the Applicant’s water rights or its water development and delivery systems. Applicant and its predecessors in interest’s legal expenses with regard to these water rights and those decreed in 04CW322 and 04CW324 total at least $170,000 from 2003 through July 2012 and $17,000 from August 2012 to July 2018. 5. NAMES AND ADDRESSES OF OWNERS OF THE LAND UPON WHICH ANY NEW DIVERSION OR STORAGE STRUCTURE OR MODIFICATION TO ANY EXISTING DIVERSION OR STORAGE STRUCTURE OR EXISTING STORAGE POOL IS OR WILL BE CONSTRUCTED OR UPON WHICH WATER IS OR WILL BE STORED. 5.1. SkiEcho, LLC, 8500 Normandale Lake Blvd., Suite 1750, Bloomington, MN 55437. 5.2. The City of Golden, 911 10th Street, Golden, Colorado 80401 5.3. U.S. Forest Service, Dillon Ranger District, P.O. Box 620, Silverthorne, Colorado 80498 5.4. Glenda M. Guanella, P.O. Box 128, Empire, Colorado 80438-0128 5.5 Sally A. Buckland, P.O. Box 56, Empire, Colorado 80438-0056 5.6. U.S. Forest Service, Clear Creek Ranger District, P.O. Box 3307, Idaho Springs, Colorado 80452 5.7. Bruce and Catherine Russell, 12719 William Dowdell Road, Cypress, Texas 77429 5.8. Climax Molybdenum Company, A Phelps Dodge Company, P.O. Box 68, Empire, Colorado 80438 Prayers for Relief: WHEREFORE, the Applicant respectfully requests that this Court enter a decree: (1) finding that the Applicant has executed reasonable diligence in the development of the above-referenced conditional water rights; (2) confirming that the above-described conditional water rights are part of an integrated water system and that due diligence as to any one component constitutes due diligence on all parts of such system; (3) continuing the remaining conditional water rights in full force as decree; and for such other and further relief as this Court deems just and proper. (Application and attachments are 12 pages)

18CW3118 SKIECHO, LLC, 8500 Normandale Lake Blvd., Suite 1750, Bloomington, MN 55437, Phone: (952) 887-1887, Email: fred@echomountainresort.com. Attorneys: John M. Dingess and Teri L. Petitt, Hamre. Rodriguez, Ostrander & Dingess, P.C., 3600 S. Yosemite Street, Suite 500, Denver, Colorado 80237-1829, phone (303) 779-0200, fax (303) 779-3662, mail@hrodlaw.com, jdingess@hrodlaw.com, poolteri@hrodlaw.com. APPLICATION TO MAKE CONDITIONAL WATER RIGHTS ABSOLUTE, FOR A FINDING OF REASONABLE DILIGENCE, AND TO CONTINUE CONDITIONAL WATER RIGHTS in CLEAR CREEK COUNTY. The water rights that are the subject of this case and the lands on which they are beneficially used (“Echo Mountain Resort”) were originally owned by EMJ Squaw Pass, LLC. On August 27, 2012 the water rights and lands were purchased by Pykkonen Capital, LLC. Subsequently on October 6, 2016, the water rights and lands were purchased by the present owner, SkiEcho, LLC. 2. NAMES AND LEGAL DESCRIPTIONS OF STRUCTURES (Exhibit A): 2.1 Upper Reservoir No. 1: The reservoir is located off-stream in the SE1/4 SE1/4 of Section 23, Township 4 South, Range 73 West of the 6th PM, with the centerline of the dam located 290 feet from the East Section line and 1090 feet from the South Section line in Clear Creek County, Colorado. 2.2. Upper Reservoir No. 2: The reservoir will be generally located off-stream in the SE1/4 SE1/4 of Section 23, Township 4 South, Range 73 West of the 6th PM, with the centerline of the dam located approximately 230 feet from the East section line and 1260 feet from the South section line in Clear Creek County, Colorado. 2.3. Warren Gulch Reservoir No. 1: The reservoir will be generally located on-stream in the SW1/4 SW1/4 of Section 13, Township 4 South, Range 73 West of the 6th PM, with the centerline of the dam located approximately 640 feet from the West section line and 900 feet from the South section line in Clear Creek County, Colorado. 3. DESCRIPTION OF CONDITIONAL WATER RIGHTS: 3.1. Original Decree: Water Division 1, Case No. 2004CW324, July 20, 2012. 3.2. Legal Descriptions: See

Paragraph 2, above. 3.3 Sources of Water Supply: 3.3.1. Upper Reservoir No. 1: 3.3.1.1. Well No. 1 (aka Poseidon Well), Well Permit No. 63586-F: Located in the SW1/4 SW1/4 of Section 24, Township 4 South, Range 73 West of the 6th PM, 1170 feet from the South section line and 324 feet from the West section line. 3.3.1.2. Well No. 2 (aka Crackin’ Well), Well Permit No. 63589-F (original) / Well Permit No. 81944-F (replacement well): Located in the SE1/4 SE1/4 of Section 23, Township 4 South, Range 73 West of the 6th PM, 1134 feet from the South section line and 468 feet from the East section line. 3.3.1.3. Well No. 3 (aka Eurotas Well) (Well Permit No. 63588-F): Located in the NE1/4 SE1/4 of Section 23, Township 4 South, Range 73 West of the 6th PM, 2148 feet from the South section line and 175 feet from the East section line. 3.3.1.4. Well No. 4 (aka Wahoo Well), Well Permit No. 63587-F-R (original) / Well Permit No. 81943-F (replacement well): Located in the NE1/4 SE1/4 of Section 23, Township 4 South, Range 73 West of the 6th PM, 1830 feet from the South section line and 1040 feet from the East section line. 3.3.1.5. Well No. 5 (aka Rock Star Well) (Well Permit No. 81446-F): To be generally located in the NE1/4 SE1/4 of Section 23, Township 4 South, Range 73 West of the 6th P.M., approximately 1665 feet from the South section line and 10 feet from the East section line. 3.3.1.6. Well No. 6 (aka Stoked Well) (Well Permit Pending): To be generally located in the SW1/4 SW1/4 of Section 24, Township 4 South, Range 73 West of the 6th P.M., approximately 594 feet from the South section line and 75 feet from the West section line. 3.3.2. Upper Reservoir No. 2: 3.3.2.1. The reservoir will be filled by the six ground water wells described above in paragraphs 3.3.1.1. to 3.3.1.6. 3.3.3. Warren Gulch Reservoir No. 1: 3.3.3.1. The reservoir will be on-channel receiving its source of supply from Warren Gulch, tributary to Little Bear Creek, tributary to Clear Creek, including the recapture of snowmaking return flows. 3.3.3.2. The reservoir will also be filled by the six ground water wells described above in paragraphs 3.3.1.1. to 3.3.1.6. 3.4. Amounts: 3.4.1. Upper Reservoir No. 1: 2.98 acre-feet, conditional; Off-channel reservoir rate of diversion for filling: 1.0 c.f.s., conditional. 3.4.2. Upper Reservoir No. 2: 2.49 acre-feet, conditional; Off-channel reservoir rate of diversion for filling: 1.0 c.f.s., conditional. 3.4.3. Warren Gulch Reservoir No. 1: 47.8 acre-feet, conditional; On-channel reservoir rate of diversion for filling: 4.0 c.f.s., conditional. 3.5. Appropriation Date: July 5, 2004. 3.6. Uses: Applicant will use the water diverted and stored at the Echo Mountain Ski Area and on the adjacent U.S. Forest Service lands for the following purposes: Domestic, sanitary, snowmaking, fire protection, storage and subsequent application to beneficial uses; exchange purposes and for the replacement, exchange, or augmentation of diversions. In addition to the initial storage of such water, Applicant has the right to store for use, re-use, successive use of such water to extinction. Reuse and successive uses will be limited to the boundaries of the Echo Mountain Ski Area and the adjacent U.S. Forest Service lands. The Applicant may also fill and refill storage sites, and carryover stored water on the same terms, with the same appropriation date and for the same purposes as are described above. 4. DETAILED OUTLINE OF WHAT WAS DONE TOWARD COMPLETION OF THE APPROPRIATION AND APPLICATION OF WATER TO A BENEFICIAL USE AS CONDITIONALLY DECREED, INCLUDING EXPENDITURES. Considerable efforts have made by the Applicant and its predecessors in interest toward the continuing development of the conditional water rights decreed in Water Division 1, Case No. 04CW324, which are an integral part of the water supply system developed for the Echo Mountain Resort. These efforts include the following (expenditure numbers are rounded to the nearest $500): 4.1. Applicant and/or its predecessors in interest performed the following work associated with development and maintenance of the water storage rights at issue herein, including the wells which are a source of water supply for the reservoirs: 4.1.1. During 2017, the Applicant hired a professional diver to inspect Upper Reservoir No. 1 for deterioration and damage to the lining. Applicant’s expenses in this regard total approximately $350. 4.1.2. In June and July of 2018, the Applicant drained Upper Reservoir No. 1 to conduct further inspections of the lining and to clean out silt from the reservoir. Applicant’s expenses in this regard total at least $7,000. 4.1.3. In January 2017, Applicant commenced negotiations with the United States Forest Service to obtain access to the decreed site of the Warren Gulch Reservoir No. 1. Access is necessary prior to construction of a road to the site and construction of the reservoir. 4.1.4. In the fall of 2012, the Applicant’s predecessor in interest replaced two broken meters at Well No. 2 (Crackin’ Well) and Well No. 3 (Eurotas Well). 4.1.5. In October 2016, the Applicant’s predecessor in interest installed replacement pumps at Well No. 2 (Crackin’ Well) and Well No. 3 (Eurotas

Well) at a cost of approximately $20,500. 4.1.6. In the fall of 2016, the Applicant spent at least $19,500 to replace the water line from Well No. 1 (Poseidon Well) to the pump room in the Cabin building. 4.1.7. In October 2017, the Applicant obtained a permit to drill Well No. 5 (Rock Star Well). In April 2018, the Applicant obtained permits to replace Well No. 2 (Crackin’ Well) and Well No. 4 (Wahoo Well). The Applicant has obtained estimates on the costs to drill and re-drill these wells, with plans to do so in the immediate future. 4.2. In addition to extensive work to build, maintain and upgrade the reservoirs and water collection and distribution system at the Echo Mountain Resort, the Applicant’s predecessors in interest spent significant sums to build, remodel and maintain the buildings located at the resort, as well as to build and maintain the ski runs and chairlifts. Since it purchased the Echo Mountain Resort in October of 2016, the Applicant has spent at least $968,500 to renovate the existing buildings, to repair and maintain the chair lifts and runs, and to bring grid power to the property. 4.3. These water rights are part of a unified system for providing water to the Echo Mountain Resort. Applicant and its predecessors in interest have engaged Water Resource Engineering to assist with the development of these water rights, which include those rights decreed in WD-1, Case Nos. 04CW322 and 04CW323, and to manage and accurately account for Applicant’s diversions and depletions under this decree, to report these diversions and depletions to the Division Engineer and to report annual diversions and depletions to Clear Creek County since before the application was filed in Water Division 1 in 2004. From 2003 through July 2012, Applicant’s predecessors in interest paid at least $105,000 to Water Resource Engineering for these services. Between August 2012 to July 2018, Applicant and its predecessors in interest have paid at least $20,000 to Water Resource Engineering for these services. 4.4. Applicant and its predecessors in interest have engaged legal counsel in the development of these water rights leading to the original decree herein, legal defense and protection of its water rights, including continued engagement of legal counsel to review monthly resumes of applications filed in Water Division 1 and filing statements of opposition to applications which are deemed to have potentially adverse effects on the Applicant’s water rights or its water development and delivery systems. Applicant and its predecessors in interest’s legal expenses with regard to these water rights and those decreed in 04CW322 and 04CW323 total at least $170,000 from 2003 through July 2012 and $17,000 from August 2012 to July 2018. 5. CLAIM TO MAKE ABSOLUTE 5.1. Applicant stored and beneficially used the water rights on the following dates: 5.1.1. Upper Reservoir No. 1 (Exhibit B) 5.1.1.1. Dates of diversion and application to beneficial use: September 19, 2015 5.1.1.2. Amount: 2.91 acre-feet (0.07 acre-feet to remain conditional) 5.1.1.3. Place of Use: Echo Mountain Resort 6. NAMES AND ADDRESSES OF OWNERS OF THE LAND UPON WHICH ANY NEW DIVERSION OR STORAGE STRUCTURE OR MODIFICATION TO ANY EXISTING DIVERSION OR STORAGE STRUCTURE OR EXISTING STORAGE POOL IS OR WILL BE CONSTRUCTED OR UPON WHICH WATER IS OR WILL BE STORED. 6.1. SkiEcho, LLC, 8500 Normandale Lake Blvd., Suite 1750, Bloomington, MN 55437. Prayers for Relief: WHEREFORE, the Applicant respectfully requests that this Court enter a decree: (1) finding that the Applicant has executed reasonable diligence in the development of the above-referenced conditional water rights; (2) confirming that the above-described conditional water rights are part of an integrated water system and that due diligence as to any one component constitutes due diligence on all parts of such system; (3) awarding the above-described absolute water right in the amount described above; (4) continuing the remaining conditional water rights in full force as decree; and for such other and further relief as this Court deems just and proper. (Application and attachments are 9 pages) 18CW3119 (11CW192; 04CW214; 97CW193) Centennial Limited Liability Co. III, Tabor Center, 1200 – 17th Street, Suite 850, Denver, CO 80202 (303) 572-6990. Please direct all correspondence or inquiries regarding this matter to the attorneys for the Applicant: Carolyn F. Burr, James M. Noble, Jens Jensen, WELBORN SULLIVAN MECK & TOOLEY, P.C. 1125 –17th Street, Suite 2200, Denver, Colorado 80202 Telephone: (303) 830-2500. APPLICATION FOR FINDING OF REASONABLE DILIGENCE FOR CONDITIONAL WATER RIGHTS IN DOUGLAS COUNTY. Introduction. 1. Applicant owns approximately 2,395.57 acres of land in Douglas County, Colorado located in portion of Sections 16, 17, 20, 21, 22, 27, 28, 29 and 33, Township 8 South, Range 68 West of the 6th P.M. in Douglas County,

Colorado (the “Property”), as shown on Exhibit A. This is a diligence application for the conditional direct flow and storage water rights decreed for use on the Property in Case No. 97CW193 (the “Original Decree”). Subsequent findings of diligence were entered in Case No. 04CW214 on August 3, 2005, and in Case No. 11CW192 on July 17, 2012. Background. 2. 97CW193. The conditional water rights decreed in the Original Decree, that are the subject of this diligence application (“Subject Water Rights”) are as follows: Jackson Creek Highline Ditch First Enlargement for 25 cfs with an appropriation date of July 29, 1996. This right was decreed the following alternate points of diversion: Houston Ditch Second Enlargement; Upper Diversion; Middle Diversion; Lower Diversion. Pond #1 for 68 a.f. and refill. Pond #2 for 52 a.f. and refill. Pond #3 and #3B for a total of 19.8 a.f. and refill. Pond #4 for 40 a.f. and refill. Pond #5 for 56 a.f. and refill. Pond #6 for 52 a.f. and refill. Pond #7 for 12 a.f. and refill. Pond #8 for 7 a.f. and refill. Pond #9 for 31 a.f. and refill. Pond #10 for 30 a.f. and refill. Pond #11 for 23 a.f. and refill. Pond #12 for 15 a.f. and refill. 3. 98CW471. In Case No. 98CW47l (the “Change Decree”), the subject conditional storage rights decreed in Original Decree were changed as follows: Ponds #1, #2 (now #2A) and #4 were enlarged by a total of 300 a.f., with an appropriation date of Dec. 15, 1998. The conditional uses of commercial and domestic use on the Subject Property, inclulding reuse and Denver Basin aquifer recharge, storage and withdrawal were added to the original decreed uses of irrigation, recreation, augmentation, wildlife and fish propogation for all of the storage rights. The new conditional uses were given a priority date of Dec. 15, 1998. West Plum Creek was added as a source for the storage rights via the West Plum Creek Diversion. The new source of supply was given an appropriation date of Dec. 15, 1998. 4. 00CW18, 00CW111 & 00CW129. Another decree was entered in Consolidated Case Nos. 00CW18, 00CW111 and 00CW129 (“Consolidated Decree”). The Consolidated Decree changed senior irrigation rights, adjudicated additional storage rights, and resulted in the following additional changes to the Subject Water Rights: The storage rights were changed so that they may be stored anywhere on the Property in ponds of any configuration, size and location and were renamed the Centennial Ponds; and a total volumetric limit of 1,922.8 acre feet was set for all of the storage rights decreed in the Original Decree, the Change Decree and the Consolidated Decree. These previously decreed changes are reflected in this Application. 5. Name of Structures and Facilities Associated with the Conditional Water Rights: 5.1. Jackson Creek Highline Ditch First Enlargement, and the following alternate points of diversion: Houston Ditch Second Enlargement; Upper Diversion, Middle Diversion; Lower Diversion; 5.2. Centennial Ponds 6. Description of Conditional Water Rights: 6.1. Jackson Creek Highline Ditch First Enlargement: 6.1.1. Original Point of Diversion: The headgate is located on the north side of Jackson Creek, generally in the SE1/4 NE1/4 of Section 29, T8S, R68W, 6th P.M. 6.1.2. Alternate Points of Diversion: 6.1.2.1. Houston Ditch Second Enlargement; The headgate is located on the north side of Jackson Creek, generally in the SE1/4 NE1/4 of Section 29. T8S, R68W, 6th P.M., at a point approximately 1,050 feet from the east and 2,500 feet from the north section line of said Section 29. 6.1.2.2. Upper Diversion: Located in the SE1/4 NE1/4 of Section 29, T8S, R68W, 6th P. M., at a point approximately 950 feet from the East section line and 2,550 feet from the North section line of said Section 29. 6.1.2.3. Middle Diversion: Located in the NE1/4 NW1/4 of Section 28, T8S, R68W, 6th P.M., at a point approximately 1,450 feet from the West section line and 850 feet from the North section line of said Section 28. 6.1.2.4. Lower Diversion: Located in the SE1/4 SE1/4 of Section 21, T8S, R68W, 6th P.M., at a point approximately 1,250 feet from the East section line and 1,100 feet from the South section line of said Section 21. 6.1.3. Appropriation Date: July 9, 1996. 6.1.4. Adjudication Date: July 7, 1997. 6.1.5. Amount: 25 cfs, conditional. 6.1.6. Source: Jackson Creek, a tributary to West Plum Creek, a tributary to Plum Creek, a tributary to the South Platte River. 6.1.7. Uses: Irrigation on approximately 200 acres of the Property and storage in the Centennial Ponds, subject to the limits decreed in Case No. 97CW193, and for subsequent irrigation, recreation, augmentation, wildlife and fish progagation uses as decreed for the ponds in Case No. 97CW193. 6.2. Centennial Ponds. Only the conditional storage rights that were decreed in the Original Decree are the subject of this Application (“Subject Storage Rights”). 6.2.1. The original places of storage for Ponds #1-#3, #3B, and #4-#12 were changed in the Consolidated Decree to allow for the Subject Storage Rights to be stored anywhere on the Property in ponds of any configuration, size and location. 6.2.2. Appropriation Date: July 9, 1996. 6.2.3. Adjudication Date: July 7, 1997. 6.2.4. Amount: The total volume decreed to the Subject Storage Rights in the Original Decree was

405.8 acre feet, plus refill in the same amount, conditional. 6.2.5. Sources: 6.2.5.1. The Original Decree identified the source for the Subject Storage Rights as Jackson Creek, a tributary of West Plum Creek, a tributary to Plum Creek, a tributary to the South Platte River, through the Jackson Highline Ditch and its alternate points of diversion, the Houston Ditch, the Upper Diversion, the Middle Diversion and the Lower Diversion. Water diverted from Jackson Creek may be stored under the July 9, 1996 priority of the Original Decree. 6.2.5.2. The Change Decree identified West Plum Creek via the West Plum Creek Diversion structure as an additional source of supply. Water diverted from West Plum Creek into storage under the Subject Storage Rights has a priority date of Dec. 15, 1998. 6.2.5.3. In Case No. 97CW076, the Applicant was granted the ability to store not nontributary Denver Basin groundwater in the Centennial Ponds. Applicant has listed the not nontributary groundwater here in order to accurately reflect prior decree terms. However, Applicant is not claiming storage of such water would be treated as water being stored under the Subject Storage Rights. 6.2.6. Uses: 6.2.6.1. The uses under the Original Decree, with a Appropriation Date of July 9, 1996, are: irrigation, recreation, augmentation, wildlife, and fish propagation. 6.2.6.2. The Change Decree added the following uses: commercial and domestic use on the Subject Property, inclulding reuse and Denver Basin aquifer recharge, storage and withdrawal. These uses have an appropriation date of Dec. 15, 1998. 7. Evidence of Reasonable Diligence towards Completing Appropriation: Centennial LLC has expended time, money and effort over the diligence period towards development and beneficial use of the subject conditional water rights. The direct flow and water storage rights conditionally decreed in Case No. 97CW193 and continued in Case Nos. 04CW214 and 11CW192 are part of an integrated system of water rights to supply water to the Property near Sedalia, Colorado. 7.1. Centennial LLC completed the adjudication of and was awarded a decree in Water Division 1 in Case No. 15CW3181 for additional storage rights in the Centennial Pond. Centennial LLC reviewed the monthly Water Court Résumé for Water Division 1 to monitor and protect its water rights. Centennial LLC has expended approximately $35,000.00 in legal and engineering fees during the diligence period. 7.2. In 2016, the Applicant had to undertake emergency repairs to the Jackson Creek Highline Ditch. The western section of the ditch is located on a remote, steep hill. A portion of the ditch is piped through a 36” pipe supported by a trestle. Erosion caused the trestle to slip and the pipe to fail. Applicant made the emergency repair by hand and contracted with a professional excavating company to rebuild the damaged portion of the ditch. The permanent repairs are estimated to be completed by the end of July, 2018. 7.3. In 2015, Centennial LLC repaired the Jackson Creek Highline Ditch headgate. In addition, higher than usual rainfall and accompanying flows in the streambed and the steep grade on both sides of the streambed washed extensive amounts of decomposed granite and sand into Jackson Creek Ditch from the head gate to approximately 1500 feet below the head gate. This happened five times in a single year. Because of the remote nature of the improvements and inability to reach it with machinery the ditch had to be hand dug to restore operation. Applicant performed hundreds of hours of labor in addition to the routine annual operation and maintenance activities. 7.4. Applicant purchased a Nu-Way flume at a cost of approximately $3,000. 7.5. In the fall of 2012, Centennial LLC performed repairs on the Jackson Creek Highline Ditch to raise the height of the ditch in two low place and to repair the ditch in an area where it was seeping. The cost of these repairs was approximately $3,500. 7.6. Centennial LLC has diligently monitored stream conditions and priority calls on the Jackson Creek and West Plum Creek to measure and document in-priority diversions and stream flows. 8. Names and Addresses of Owners of the Land Upon Which any New Diversion or Storage Structure, or Modification to any Existing Diversion or Storage Structure is or will be Constructed or upon Which Water is or will be Stored, Including any Modification to the existing Storage Pool. Applicant is the owner of the land on which any structures associated with the Subject Water Rights are or will be located. WHEREFORE, Centennial LLC requests that the Court enter a decree finding that Centennial LLC has satisfied the statutory standard of steady application of effort to complete the appropriation in a reasonably expedient and efficient manner under all the facts and circumstances, that reasonable diligence was performed during the diligence period in development of the subject water rights, and that the remaining conditional portion of the water right should continue.

18CW3120 (Prior Case Nos. 1991CW126; 2008CW205) City of Thornton (“Thornton”) c/o Water Resources Division 12450 Washington Street Thornton, Colorado 80241 Telephone: (720) 977-6600. Please direct communications related to this application to Thornton’s counsel Matthew L. Merrill, WHITE

& JANKOWSKI, LLP, 511 Sixteenth Street, #500, Denver, Colorado 80202. APPLICATION FOR

FINDINGS OF REASONABLE DILIGENCE AND TO CONFIRM WATER RIGHTS AS

ABSOLUTE IN ADAMS, DENVER, AND WELD COUNTIES, COLORADO. 2. Names of structures. Gravel pit reservoirs generally located along the South Platte River between its confluence with Clear Creek and its confluence with the Cache La Poudre River. Specific gravel pit names are provided in paragraph 4 below. Collectively, the water rights described in paragraph 4 are referred to as the Subject Water Rights. The locations of the Subject Water Rights are shown on the maps in Application Exhibit A. 3. Previous Decrees. The Subject Water Rights were originally decreed on September 16, 2002 in Case No. 91CW126, Water Division 1, Findings of Fact, Conclusions of Law and Decree of the Water Court In the Matter of the Application for Water Rights of the City of Thornton. A first diligence decree was entered on July 2, 2012 in Case No. 08CW205 (Div. 1). This is the second diligence application. Rights of substitution and exchange involving the Subject Water Rights were decreed in Case No. 96CW1116. Water rights decreed to the Cooley West Complex and North Dahlia Pit were changed by decree dated October 8, 2013 in Case No. 04CW326 (Div. 1). 4. Description of the Subject Water Rights. The Subject Water Rights consist of conditional storage rights as described below: 4.1. Decreed Water Right: West Sprat-Platte Pit (f.k.a. Thornton Pit). 4.1.1. Location: Located in the SW1/4, Section 17; and NW1/4 of the NW1/4, Section 20, T2S, R67W, 6th P.M., Adams County. 4.1.2. Points of Diversion: 4.1.2.1. The combined headgate of the Lower Clear Creek Ditch and Colorado Agricultural Ditch, on the north bank of Clear Creek in the SW1/4 of the SE1/4, Section 4, T3S, R68W, 6th P.M., Adams County, at a point approximately 1,200 feet North and 1,400 feet West of the Southeast corner of said section. 4.1.2.2. South Platte River Diversion: On the northwest bank of the South Platte River in the SW1/4 of the NW1/4, Section 20, T2S, R67W, 6th P.M., Adams County, at a point approximately 3,780 feet North and 15 feet East of the Southwest corner of said Section 20. 4.1.3. Appropriation Date: December 31, 1991. 4.1.4. Rates of Diversion: 4.1.4.1. Combined Headgate of the Lower Clear Creek Ditch and Colorado Agricultural Ditch: 230 cfs. 4.1.4.2. South Platte River Diversion: 300 cfs. 4.1.5. Amount (capacity): 1,900 ac-ft., CONDITIONAL. 4.2. Decreed Water Right: Cooley West Complex (f.k.a. Thornton Pit or Cooley Pit). 4.2.1. Location: NE1/4, N1/2 SE1/4, NE1/4 SW1/4, and E1/2 NW1/4, Section 17, T2S, R67W, 6th P.M., Adams County. This legal description is based on the change of water rights decreed in Case No. 04CW326. 4.2.2. Points of Diversion: 4.2.2.1. The combined headgate of the Lower Clear Creek Canal and Colorado Agricultural Ditch, on the north bank of Clear Creek in the SW1/4 of the SE1/4, Section 4, T3S, R68W, 6th P.M., Adams County, at a point approximately 1,200 feet North and 1,400 feet West of the Southeast corner of said section. 4.2.2.2. South Platte River Diversion: On the northwest bank of the South Platte River in the SW1/4 of the NW1/4, Section 20, T2S, R67W, 6th P.M., Adams County, at a point approximately 3,780 feet North and 15 feet East of the Southwest corner of said Section 20. 4.2.3. Appropriation Date: December 31, 1991. 4.2.4 Rates of Diversion: 4.2.4.1. Combined Headgate of the Lower Clear Creek Canal and Colorado Agricultural Ditch: 230 cfs. 4.2.4.2. South Platte River Diversion: 300 cfs. 4.2.5. Amount (capacity): 4,411.37 ac-ft., CONDITIONAL. This amount is based on the change of water rights decreed in Case No. 04CW326. 4.3. Decreed Water Right: North Dahlia Pit. 4.3.1. Location: Located in the S1/2 of the NE1/4, and SE1/4, Section 19; and the W1/2 of the SW1/4, and S1/2 of the NW1/4, Section 20, T2S, R67W, 6th P.M., Adams County. 4.3.2. Points of Diversion: 4.3.2.1. Burlington Ditch. The point of diversion is currently located at a point on the east bank of the South Platte River in the NE1/4 of the SW1/4 of Section 14, Township 3 South, Range 68 West of the 6th P.M., City and County of Denver, Colorado. The headgate is located at approximately latitude 039° 47’ 24.69” N, longitude 104° 58’ 9.97” W. The UTM coordinates are approximately NAD 1983 UTM Zone 13S 502616.89 mE 4404471.42 mN.* (*Footnote: The headgate of the Burlington Ditch was described in Case No. 91CW126 as “on the east bank of the South Platte River, in the SW1/4 of the NE1/4, Section 14, T3S, R68W, 6th P.M., Adams County, at a point approximately 2,300 feet South and 2,200 feet West of the Northeast corner of said Section.”) 4.3.2.2. South Platte River Diversion: On the southeast bank of the

South Platte River in the SW1/4 of the SE1/4, Section 19, T2S, R67W, 6th P.M., Adams County, at a point approximately 582 feet North and 2,073 feet West of the Southeast corner of said Section 19. 4.3.3. Appropriation Dates: 4.3.3.1. Burlington Ditch Diversion: August 19, 1996. 4.3.3.2. South Platte River Diversion: December 31, 1991.4.3.4. Rates of Diversion: 4.3.4.1. Burlington Ditch Diversion: 200 cfs. 4.3.4.2. South Platte River Diversion: 300 cfs. 4.3.5. Amount (capacity): 2,888.63 ac-ft., CONDITIONAL. This amount is based on the change of water rights decreed in Case No. 04CW326. 4.4. Decreed Water Right: East Sprat-Platte Pit (a.k.a. Sprat-Platte Ranch East Pit). 4.4.1. Location: Located in the S1/2 of the SW1/4, SW1/4 of the SE1/4, Section 17, and the NW1/4, and NW1/4 of the NE1/4, Section 20, T2S, R67W, 6th P.M., Adams County. 4.4.2. Points of Diversion: 4.4.2.1. The headgate of the Burlington Ditch, as described in paragraph 4.3.2.1 above. 4.4.2.2. South Platte River Diversion A (Sprat-Platte Ranch East Pit): On the southeast bank of the South Platte River in the SW1/4 of the NW1/4, Section 20, T2S, R67W, 6th P.M., Adams County, at a point approximately 3,703 feet North and 136 feet East of the Southwest corner of said Section 20. 4.4.2.3. South Platte River Diversion B (North Dahlia Pit and Sprat-Platte Ranch East Pit): On the southeast bank of the South Platte River in the SW1/4 of the SE1/4, Section 19, T2S, R67W, 6th P.M., Adams County, at a point approximately 582 feet North and 2,073 feet West of the Southeast corner of said Section 19. 4.4.3. Appropriation Dates: 4.4.3.1. Burlington Ditch Diversion: August 19, 1996. 4.4.3.2. South Platte River Diversion A: December 31, 1991. 4.4.3.3. South Platte River Diversion B: December 31, 1991. 4.4.4 Rates of Diversion: 4.4.4.1. Burlington Ditch Diversion: 200 cfs. 4.4.4.2. South Platte River Diversion A: 300 cfs. 4.4.4.3. South Platte River Diversion B: 300 cfs. 4.4.5. Amount (capacity): 1,500 ac-ft., CONDITIONAL. 4.5. Decreed Water Right: Cooley East Pit. 4.5.1. Location: Located in the S1/2 of Section 9, and the NW1/4 of Section 16, T2S, R67W, 6th P.M., Adams County. 4.5.2. Point of Diversion: The headgate of the Fulton Ditch, on the east bank of the South Platte River in the NE1/4 of the SE1/4, Section 17, T2S, R67W, 6th P.M., Adams County, at a point approximately 2,815 feet South and 145 feet West of the Northeast corner of said Section 17. 4.5.3. Appropriation Date: December 31, 1991. 4.5.4. Rate of Diversion: 300 cfs. 4.5.5. Amount (capacity): 5,100 ac-ft., CONDITIONAL. 4.6. Decreed Water Right. Hammer Pit. 4.6.1. Location: Located in the SE1/4, the S1/2 of the NE1/4, and the SE1/4 of the NW1/4 of Section 14; and in the E1/2 of the NW1/4, and the NW1/4 of the NE1/4, Section 23, T1S, R67W, 6th P.M., Adams County. 4.6.2. Points of Diversion: 4.6.2.1. The headgate of the Brantner Ditch, on the north bank of the South Platte River in the NE1/4 of the SW1/4, Section 4, T2S, R67W, 6th P.M., Adams County, at a point approximately 2,721 feet South and 2,140 feet East of the Northwest corner of said Section 4. 4.6.2.2. South Platte River Diversion A: On the west bank of the South Platte River in the NE1/4 of the NW1/4 of Section 23, T1S, R67W, 6th P.M., Adams County, at a point approximately 1,100 feet south and 2,500 feet east of the Northwest corner of said Section 23. 4.6.2.3. South Platte Diversion B: On the west bank of the South Platte River in the SE1/4 of the NE1/4 of Section 14, T1S, R67W, 6th P.M., Adams County, at a point approximately 2,400 feet south and 580 feet west of the Northeast corner of said Section 14. 4.6.3. Appropriation Date: December 31, 1991 for all points of diversion. 4.6.4. Rates of Diversion: 4.6.4.1. Brantner Ditch: 110 cfs. 4.6.4.2. South Platte River Diversion A: 300 cfs. 4.6.4.3. South Platte River Diversion B: 300 cfs. 4.6.5. Amount (capacity): 1,600 ac-ft., CONDITIONAL. 4.7. Decreed Water Right: Rogers Pit. 4.7.1. Location: Located in the NE1/4 of Section 1, T1S, R67W; and the SW1/4 of the NW1/4 of Section 6, T1S, R66W, 6th P.M., Adams County. 4.7.2. Points of Diversion: 4.7.2.1. The headgate of the Brantner Ditch, on the north bank of the South Platte River in the NE1/4 of the SW1/4, Section 4, T2S, R67W, 6th P.M., Adams County, at a point approximately 2,721 feet South and 2,140 feet East of the Northwest corner of said Section 4. 4.7.2.2. The headgate of the Brighton Ditch, on the west bank of the South Platte River in the SE1/4 of the SE1/4, Section 11, T1S, R67W, 6th P.M., Adams County, at a point approximately 780 feet north and 1,120 feet west of the Southeast corner of said Section 11. 4.7.2.3. South Platte River Diversion A: Decreed location: On the west bank of the South Platte River in the NE1/4 of the NE1/4, Section 1, T1S, R67W, 6th P.M., Adams County, at a point approximately 1,000 feet south and 50 feet west of the Northeast corner of said Section 1. As-built location: On the west bank of the South Platte River in the NE1/4 of the NE1/4, Section 1, T1S, R67W, 6th P.M., Adams County, at a point approximately 500 feet south and 150 feet west of the Northeast corner of said Section 1. 4.7.2.4. South Platte River Diversion B: On the northwest bank

of the South Platte River in the NW1/4 of the SW1/4, Section 6, T1S, R66W, 6th P.M., Adams County, at a point approximately 2,480 feet south and 300 feet east of the Northwest corner of said Section 6.4.7.3. Appropriation Date: December 31, 1991 for all points of diversion. 4.7.4. Rates of Diversion: 4.7.4.1. Brantner Ditch: 110 cfs. 4.7.4.2. Brighton Ditch: 45 cfs. 4.7.4.3. South Platte River Diversion A: 300 cfs. 4.7.4.4. South Platte River Diversion B: 300 cfs. 4.7.5. Amount (capacity): 2,500 ac-ft., CONDITIONAL. 4.8. Decreed Water Right: Fort Lupton Pit. 4.8.1. Location: Located in the W1/2 of the SW1/4, Section 7, T1N, R66W, 6th P.M.; and in the E1/2 of the SE1/4, Section 12, T1N, R67W, 6th P.M., Weld County. 4.8.2. Points of Diversion: 4.8.2.1. The headgate of the Lupton Bottom Ditch, on the northwest bank of the South Platte River in the NW1/4 of the SW1/4, Section 19, T1N, R66W, 6th P.M., Weld County, at a point approximately 2,110 feet North and 56 feet East of the Southwest corner of said Section 19. 4.8.2.2. Big Dry Creek Diversion: On the north bank of Big Dry Creek in the SE1/4 of the SE1/4, Section 12, T1N, R67W, 6th P.M., Weld County, at a point approximately 4,691 feet South and 4,094 feet East of the Northwest corner of said Section 12. 4.8.2.3. South Platte River Diversion: On the west bank of the South Platte River in the NE1/4 of the NW1/4, Section 18, T1N, R66W, 6th P.M., Weld County, at a point approximately 1,547 feet South and 3,769 feet West of the Northeast corner of said Section 18. 4.8.3. Appropriation Dates: 4.8.3.1. Lupton Bottom Ditch: December 31, 1991. 4.8.3.2. Big Dry Creek Diversion: August 19, 1996. 4.8.3.3. South Platte River Diversion: December 31, 1991. 4.8.4. Rates of Diversion: 4.8.4.1. Lupton Bottom Ditch: 150 cfs. 4.8.4.2. Big Dry Creek Diversion: 80 cfs. 4.8.4.3. South Platte River Diversion: 300 cfs. 4.8.5. Amount (capacity): 2,700 ac-ft., CONDITIONAL. 4.9. Decreed Water Right: Doeringsfeld Pit. 4.9.1. Location: Located in the SE1/4 of the SW1/4 and SW1/4 of the SE1/4, Section 3; the NE1/4 of the NE1/4, Section 9; and the NW1/4, W1/2 of the NE1/4, and NE1/4 of the NE1/4, Section 10, T5N, R65W, 6th P.M., Weld County. 4.9.2. Point of Diversion: At the headgate of the Patterson Ditch on the north bank of the South Platte River in the NE1/4 of the NE1/4, Section 21, T5N, R65W, 6th P.M., Weld County, at a point approximately 641 feet South and 5,133 feet East of the Northwest corner of said Section 21. 4.9.3. Appropriation Date: December 31, 1991. 4.9.4. Rate of Diversion: 370 cfs. 4.9.5. Amount (capacity): 4,474 ac-ft., CONDITIONAL. 4.10. Decreed Water Right: Doeringsfeld Pit, First Enlargement. 4.10.1. Location: as described in paragraph 4.9.1 herein. 4.10.2. Point of Diversion: as described in paragraph 4.9.2 herein. 4.10.3. Appropriation Date: August 19, 1996. 4.10.4. Rate of Diversion: 370 cfs. 4.10.5. Amount (capacity): 1,526 ac-ft., CONDITIONAL. 5. Sources. The sources of water appropriated for the Subject Water Rights are as follows: 5.1. All Reservoirs: South Platte River, including waters of the streams tributary thereto. Thornton also stores or will store reusable municipal effluent or other water that Thornton owns and controls in the pits described in paragraph 4. 5.2. Additional Sources: Diversions from the additional sources listed below, at points above their respective confluences with the South Platte River, are, or may be, used to fill the following structures: 5.2.1. Clear Creek: West Sprat-Platte Pit, Cooley West Complex 5.2.2. Big Dry Creek: Fort Lupton Pit 6. Uses: The water captured by exercise of the Subject Water Rights shall be used, directly or by exchange, for irrigation, agricultural, commercial, industrial and all municipal uses, including, but not limited to, domestic, mechanical, manufacturing, industrial, power generation, fire protection, sewage treatment, street sprinkling, irrigation of parks, lawns and grounds, recreation, piscatorial, maintenance and preservation of wildlife and aesthetic values, lake and reservoir evaporation, augmentation and replacement, adjustment and regulation of Thornton’s water supply system, including further exchange within Thornton’s system and with other water users. 7. Detailed outline of what has been done toward completion of the appropriation and application of water to beneficial use as conditionally decreed, including expenditures. 7.1. During the decreed diligence period (i.e. the period between October 1, 2008, the date following the last diligence application was filed, and July 31, 2018, the date this application was filed), Thornton conducted the following diligence activities: 7.1.1. West Sprat-Platte Pit: Thornton spent over $13.7 million on development of West Sprat-Platte Pit as a water storage reservoir. Costs include lining the reservoir, constructing facility improvements, interconnecting the reservoir to Cooley West and East Sprat, and other improvements. 7.1.2. Cooley West Complex: Thornton spent over $500,000 on various facility improvements during the diligence period including spillway construction for flood mitigation. 7.1.3. East Sprat Platte Pit: Thornton spent approximately $6.5 million on improvements to this reservoir,

including spillway and interconnect construction. 7.1.4. Cooley East Pit: Thornton spent approximately $7 million on acquisition of Cooley East and initial facility design. 7.1.5. Hammer Pit: Thornton spent approximately $21.6 million on development of the Hammer Pit as a water storage reservoir. Costs include acquisition of the reservoir and property, development and construction of reservoir infrastructure, including a pump station and spillways, rip-rap of the eastern shoreline, and other facility improvements. 7.1.6. Rogers Pit: Thornton spent approximately $14.3 million on development of the Rogers Pit as a water storage reservoir. Costs include acquisition of the reservoir and property, development and construction of reservoir infrastructure, including a pump station, rip-rap of the shoreline, and other facility improvements. 7.1.7. Gravel Lakes Rip Rap: Thornton spent more than $1.86 million on design and installation of rip rap protection at eroding slopes on several gravel lakes, including Cooley West, South Dahlia, and North Dahlia Reservoirs, which are integrated components of the Subject Water Rights.7.1.8. Gravel Lakes Coordination and Planning: Thornton spent approximately $220,000 to perform general engineering and design services associated with Thornton’s gravel lakes reservoirs. 7.1.9. Lower Clear Creek and Colorado Agricultural Bifurcation Reconstruction: Thornton spent approximately $200,000 toward reconstruction costs for the bifurcation structure for these ditches. 7.1.10. Burlington Ditch Canal Diversion Rehab: Thornton spent approximately $63,000 to rehabilitate the City’s diversion facility from the Burlington Canal. This work is ongoing. 7.1.11. Fulton Ditch Turnout Extension – Cooley East: Thornton spent $126,000 to design and construct a 150 cfs diversion to fill the Cooley East reservoir from the Thornton turnout at the Fulton Ditch. This work is ongoing. 7.1.12. Fulton Payment: Thornton acquired a Carriage Easement from the Fulton Ditch Company for the first use of excess capacity at a cost of $250,000. 7.1.13. Ditch Company Assessments: Thornton paid assessments according to its share ownership in various ditch companies associated with the Subject Water Rights including, Burlington $72,000; Lower Clear Creek $521,000; Colorado Ag $430,000; and Fulton $9,000. 7.1.14. Ditch Company Carriage Fees: Thornton paid carriage fees to several ditch companies associated with the Subject Water Rights including, Lower Clear Creek/Colorado Ag $162,000; Henrylyn $50,000; and Delta Irrigation Company $36,000. 7.1.15. Prosecution of Case No. 04CW326: This decree refined the storage volumes for Cooley West and North Dahlia decreed in Case No. 91CW126, corrected the Cooley West legal description, and adjudicated additional diversion locations for Cooley West. Thornton spent $186,000 on legal and engineering fees for this application. 7.1.16. Water Court Oppositions: Thornton has actively participated in water court proceedings to protect the Subject Water Rights. Legal and engineering costs incurred relating to the protection of Thornton’s Clear Creek and South Platte River water rights portfolio, including the Subject Water Right during the diligence period were approximately $1.6 million. 7.1.17. This application contains a summary of diligence activities and costs. Thornton may present additional evidence regarding the activities and costs above or other diligence activities and costs on its integrated water system in support of its application in this case. 8. Amounts Claimed as Absolute. Thornton claims the following amounts of the Subject Water Rights as absolute: 8.1. West Sprat-Platte Pit: A total of 714.36 acre-feet was stored in priority during March 16-22, 2018 and May 15-June 4, 2018. The water was placed to beneficial use within the City of Thornton. Thornton seeks confirmation of the amount of 714.36 acre-feet made absolute, with the amount of 1,185.64 acre-feet remaining conditional. Stage-area-capacity and diversion information for the West Sprat-Platte Pit are attached to the application as Exhibit B. 8.2. Rogers Pit: A total of 2,128.57 acre-feet was stored in priority during an initial fill on June 12-21, 2014, June 3-24, 2015 and October 13-30, 2015. The water was placed to beneficial use within the Rogers Pit. Thornton seeks confirmation of the amount of 2,128.9 acre-feet made absolute, with the amount of 371.1 acre-feet remaining conditional. Stage-area-capacity and diversion information for the Rogers Pit is attached to the application as Exhibit C. 8.3. Thornton claims absolute amounts in reliance on C.R.S. § 37-92-301(4)(e). 8.4. Thornton claims the right to confirm additional amounts as absolute, without further notice or publication, based on its exercise of the Subject Water Rights from the date of their appropriation up to the time of any hearing in these proceedings. 9. Remarks. 9.1. Thornton has a specific plan and intent to complete the conditional appropriations of the Subject Water Rights and can and will complete them in a reasonable time. 9.2. The conditional water rights originally decreed in Case No. 91CW126 to the Mann Lakes South Pit, the Tower Pit, and the Platte Valley Pit were abandoned in Case No. 08CW205 and are not part of the Subject Water

Rights. 9.3. The Subject Water Rights are part of Thornton’s integrated municipal water system. 10. Names and addresses of owners or reputed owners of land on which any new diversion or storage structure or modification to any existing diversion or storage structure or existing storage pool is or will be located, or upon which water is or will be stored. 10.1. See Exhibit D to the application. Prayer for Relief Thornton respectfully requests that the Court find that Thornton has exercised reasonable diligence with respect to the Subject Water Rights and continue those conditional water rights in full force and effect for the period allowed by law, confirm the absolute amounts as listed above or as may be perfected before a hearing, and award such other relief as the Court determines is proper. (14 pages; 4 exhibits). 18CW3121 City of Aurora, Colorado, a municipal corporation of the Counties of Adams, Arapahoe and Douglas acting by and through its Utility Enterprise (“Aurora Water”), 15151 East Alameda Parkway, Suite 3600, Aurora, Colorado 80012-1555, Telephone: 303-739-7370. Please send all pleadings and correspondence to Applicant’s counsel: Steven O. Sims, Esq., Dulcinea Z. Hanuschak, Esq., Brownstein Hyatt Farber Schreck, LLP, 410 17th Street, Suite 2200, Denver, CO 80202, Telephone: 303-223-1100 Fax: 303-223-1111, email: ssims@bhfs.com; dhanuschak@bhfs.com. APPLICATION FOR CHANGE OF WATER RIGHTS AND PLAN OF SUBSTITUTION IN ADAMS, ARAPAHOE, AND DOUGLAS COUNTIES. 2. Name of Subject Water Rights: 10.25 shares of the Lupton Bottom Ditch Company, (“LBDC”) and 111 shares of the Lupton Meadows Ditch Company, (“LMDC”) owned by Aurora Water (collectively “The Subject Water Rights”). LBDC and LMDC divert water rights decreed to the Lupton Bottom Ditch. 3. Name of Structure: Lupton Bottom Ditch. 4. Original Decree: The Arapahoe County District Court entered a decree in Case No. CA6009 on April 28, 1883 with appropriation dates as follows: 4.1 Priority No. 5. May 15, 1863. 47.70 cfs. 4.2 Priority No. 20. March 10, 1871. 10.00 cfs 4.3 Priority No. 31. Sept. 15, 1873. 92.87 cfs 5. Point of Diversion. In the NW1/4 SW1/4, Section 19, Township 1 North, Range 66 West of the 6th P.M. at a point reported to be approximately 2,110 feet from the South section line and 60 feet from the West section line of said Section 19. This location is identified on Exhibit A hereto. 6. Source. South Platte River. 7. Decreed Uses. Irrigation. 8. Amount of Water Rights to be changed. 8.1 10.25 of 82.5 outstanding LBDC Shares. 8.1.1 May 15, 1863 priority. Aurora Water’s pro-rata share is 5.93 cfs. 8.1.2. September 15, 1873. Aurora Water’s pro-rata share is 11.54 cfs. 8.2 111 of 3,573 outstanding LMDC Shares. 8.2.1. May 15, 1863. Aurora Water’s pro-rata share is 0.77 cfs. 8.2.2 March 10, 1871. Aurora Water’s pro-rata share is 0.31 cfs. 8.2.3 September 15, 1873. Aurora Water’s pro-rata share is 1.50 cfs. 9. Historical Use: The Subject Water Rights were historically used to irrigate the Parker Farm (5 LBDC), the Ewing Farm (2.25 LBDC), the Hill Farm (15 LMDC), the Blue Ribbon Farm (25 LMDC), the Horton Farm (3 LMDC), the Wagner Farm (20 LMDC), the Vynckier Farm (48 LMDC), the Kuipers Farm (1.5 LBDC), and the Sperl Farm (1.5 LBDC). The historically irrigated lands are shown on Exhibit A to this application. 10. Augmentation Stations. Return flows, replacements and/or water representing the historical consumptive use of the Subject Shares shall be measured and returned to the river through any or all of the augmentation stations indicated on Exhibit A and described in paragraphs 10.1 through 10.16 below. Aurora Water shall not use any augmentation station or structure until they have a legal interest to use the land or structure associated with the augmentation station. 10.1 Lupton Bottom Diversion Augmentation Station. Proposed to be located in the NE1/4 NE1/4, Section 12, Township 1 North, Range 67 West of the 6th P.M. at a point reported to be approximately 570 feet from the North section line and 990 feet from the East section line of said Section 12. 10.2 Northglenn Augmentation Station. In the SE1/4 NW1/4, Section 31, Township 2 North, Range 66 West of the 6th P.M. at a point reported to be approximately 2,370 feet from the North section line and 1,990 feet from the West section line of said Section 31. 10.3 Central Augmentation Station. In the SE1/4 NW1/4, Section 31, Township 2 North, Range 66 West of the 6th P.M. at a point reported to be approximately 2,360 feet from the North section line and 1,990 feet from the West section line of said Section 31. 10.4 Aurora Parker East Augmentation Station. Proposed to be located in the SE1/4 NW1/4, Section 31, Township 2 North, Range 66 West of the 6th P.M. at a point reported to be approximately 2,350 feet from the North section line and 1,990 feet from the West section line of said Section 31. 10.5 Lupton Bottom West Lateral

Augmentation Station. In the SE1/4 NW1/4, Section 36, Township 2 North, Range 67 West of the 6th P.M. at a point reported to be approximately 2,580 feet from the North section line and 2,590 feet from the West section line of said Section 36. 10.6 Aurora Parker West Augmentation Station. Proposed to be located in the SW1/4 NE1/4, Section 36, Township 2 North, Range 67 West of the 6th P.M. at a point reported to be approximately 2,520 feet from the North section line and 2,620 feet from the East section line of said Section 36. 10.7 Aurora Everist South Augmentation Station. Proposed to be located in the SE1/4 SW1/4, Section 25, Township 2 North, Range 67 West of the 6th P.M. at a point reported to be approximately 50 feet from the South section line and 2,070 feet from the West section line of said Section 25. 10.8 Aurora Vincent Augmentation Station. Proposed to be located in the NW1/4 SE1/4, Section 25, Township 2 North, Range 67 West of the 6th P.M. at a point reported to be approximately 1,540 feet from the South section line and 2,470 feet from the East section line of said Section 25. 10.9 Aurora Everist North Augmentation Station. Proposed to be located in the SW1/4 NE1/4, Section 25, Township 2 North, Range 67 West of the 6th P.M. at a point reported to be approximately 2,630 feet from the North section line and 2,550 feet from the East section line of said Section 25. 10.10 Aurora Ft. Lupton East Augmentation Station. In the NE1/4 SW1/4, Section 30, Township 2 North, Range 66 West of the 6th P.M. at a point reported to be approximately 2,600 feet from the South section line and 1,800 feet from the West section line of said Section 30. 10.11 Aurora Hill-Oakley Augmentation Station. In the SE1/4 NW1/4, Section 30, Township 2 North, Range 66 West of the 6th P.M. at a point reported to be approximately 1,370 feet from the North section line and 1,520 feet from the West section line of said Section 30. 10.12 Sand Hill Augmentation Station. Proposed to be located in the NW1/4 NE1/4, Section 25, Township 2 North, Range 67 West of the 6th P.M. at a point reported to be approximately 90 feet from the North section line and 2,460 feet from the East section line of said Section 25. 10.13 Lupton Bottom East Lateral Augmentation Station. In the SE1/4 NE1/4, Section 13, Township 2 North, Range 67 West of the 6th P.M. at a point reported to be approximately 1,900 feet from the North section line and 690 feet from the East section line of said Section 13. 10.14 Vynckier Augmentation Station. Proposed to be located in the SE1/4 NE1/4, Section 11, Township 2 North, Range 67 West of the 6th P.M. at a point reported to be approximately 2,600 feet from the North section line and 1,200 feet from the East section line of said Section 11. 10.15 Kuipers Lupton Augmentation Station. Proposed to be located in the NW1/4 NE1/4, Section 11, Township 2 North, Range 67 West of the 6th P.M. at a point reported to be approximately 1,280 feet from the North section line and 2,020 feet from the East section line of said Section 11. 10.16 Sperl Augmentation Station. Proposed to be located in the NW1/4 NE1/4, Section 11, Township 2 North, Range 67 West of the 6th P.M. at a point reported to be approximately 90 feet from the North section line and 1,960 feet from the East section line of said Section 11. 11. Diversion Records, Map Of Historically Irrigated Lands, Method of Analysis. Applicant may rely on the summaries of records of actual diversions of the Lupton Bottom Ditch water rights attached as Exhibit B to this application. Applicant will use a farm by farm analysis to determine the historical consumptive use of the Subject Water Rights. 12. Proposed Change: Aurora Water will continue to divert the Subject Water Rights through the same river headgates through which the respective water rights have historically been diverted. 12.1 Change to alternate types of use: In addition to use for agricultural irrigation on the historically irrigated lands, Aurora Water seeks to add the following uses: Municipal, domestic, agricultural, energy production, manufacturing, mechanical and industrial purposes including, but not limited to: fire protection, irrigation, commercial, recreation, fish and wildlife propagation, reservoir evaporation replacement, creation and maintenance of wetlands, maintenance of storage reserves, stock watering, reclamation, revegetation, dust suppression, water treatment and supply, wastewater treatment, storage for such uses, and use as a supply or substitute supply for augmentation, replacement, exchanges decreed or to be decreed, and substitute supply plans. All uses include reuse and successive reuse to extinction for the above purposes, or disposition of effluent for the above purposes. 12.2 Change to alternate places of use: In addition to use on the historically irrigated lands, which may continue for a time after the entry of this change Decree, Aurora Water seeks to add the following place of use: Aurora Water’s current and future service areas served by its municipal water supply and water reuse systems, including areas served by its connections with other systems, and by any current or future water supply contracts or obligations of Aurora Water. Aurora Water may also use the water to meet its

replacement or delivery obligations in Water Division 1. Aurora Water's service area has changed from time to time and will continue to do so. 12.3 Change from Direct Flow to Direct Flow or Storage: After diversion and prior to initial use by Aurora Water, water diverted pursuant to the Subject Water Rights may be stored at any of the locations set forth below in 12.3.1. Such water may be delivered to storage by means of the use of natural stream channels, component facilities of Aurora Water’s South Platte diversion and conveyance system in which Aurora is the owner or in privity with the owner, component facilities of Aurora Water’s Prairie Waters System, and/or any points of diversion authorized in the respective decrees for those storage structures including, but not limited to, the points of diversion listed in 12.3.1.1 through 12.3.1.15 below. Reusable effluent or return flows resulting from the initial use for the changed uses of the historical consumptive use component of the water diverted pursuant to the Subject Water Rights may be stored in any reservoir Aurora Water is authorized to use. 12.3.1 The following proposed Aurora Water storage locations are in existing or planned reservoirs that are both decreed and undecreed. Aurora Water shall not use any reservoir for storage until it has a legal right to use the land or structure associated with the reservoir. 12.3.1.1 Gilcrest Reservoir. An off-channel reservoir to be constructed within part of Section 2, T3N, R67W and parts of Sections 23, 26, 34, and 35, T4N, R67W of the 6th P.M., Weld County, Colorado. 12.3.1.2 Gravel Pit Reservoir A and Aquifer Recharge and Recovery Facility A ("ARR-A"), located on all or portions of the following quarter-sections, all located in T1N, R67 W, 6th P.M.: the S/2 of Section 13, and the N/2 of the NW/4 of Section 24, in Weld County Colorado. 12.3.1.3 Aurora-Everist (Fort Lupton) Reservoir Complex No. 1. This reservoir complex is a group of interconnected gravel pits that located on a portion of the NE/4 of Section 25, T2N, R67W, 6th P.M., and portions of the NW/4 and portions of the SW/4 of the NE/4, Section 30, T2N, R66W, 6th P.M., in Weld County, Colorado. 12.3.1.4 Aurora-Everist (Fort Lupton) Reservoir Complex No. 2. This reservoir complex is a group of interconnected gravel pits located on portions of the SE/4 and SE/4 of the SW/4 of Section 25, T2N, R67W, 6th P.M., and portions of the SW/4 Section 30, T2N, R66W, 6th P.M., in Weld County, Colorado. 12.3.1.5 Stillwater Ranch Reservoir ("Walker North"). Walker North is located in the S/2 NE/4 of Section 36, T1N, R67W of the 6th P.M., in Weld County, Colorado. 12.3.1.6 Robert W. Walker Reservoir ("Walker South"). Walker South is located on portions of the SE/4 of Section 36, T1N, R67W of the 6th P.M. in Weld County, Colorado. 12.3.1.7 Kirby-Dersham Gravel Pit Reservoir. The Kirby-Dersham Gravel Pit Reservoir is located on portions of the NW/4 of the SE/4, the SW/4 of the SE/4, and the NE/4 of the SE/4, of Section 36, T1N, R67W, 6th P.M., in Weld County, Colorado. 12.3.1.8 Challenger Gravel Pit Reservoir. The Challenger Gravel Pit Reservoir is located on a portion of the E/2 of the NW/4 of Section 1, T1S, R67W, 6th P.M., in Adams County Colorado. 12.3.1.9 Aurora Tucson South Storage Facility ("Tucson South") and Aquifer Recharge and Recovery Facility B ("ARR-B"). These facilities will occupy all or portions of the N/2 of the SE/4, the SW/4 of the SE/4, and the SW4, all in Section 1, T1S, R67W, 6th P.M., in Adams County, Colorado. 12.3.1.10 East Reservoir Complex. The East Reservoir will be located in one or more of the following off-channel locations: 12.3.1.10.1 Site 1A: In Sections 14 and 23 and the N/2 of Section 26, T4S, R65W, 6th P.M. in Arapahoe County, Colorado. 12.3.1.10.2 Site 1B: In Sections 9, 10 and 15 and S/2 of Sections 3 and 4 and N/2 of Section 16, T4S, R65W, 6th P.M. in Arapahoe County, Colorado. 12.3.1.10.3 Site 2B: In Section 26 and 27 and N/2 of Sections 34, 35 and 36, T4S, R65W, 6th P.M., in Arapahoe County, Colorado. 12.3.1.11 Aurora Reservoir. The Aurora Reservoir is an off-channel reservoir located upon Senac Creek, an intermittent stream, in Sections 15, 16, 20, 21 and 22, T5S, R65W, 6th P.M., Arapahoe County, Colorado. The east-end of the dam (right) abutment is located at a point from whence the northwest corner of Section 15, T5S, R65W, 6th P.M. bears north 45º west a distance of 2,970 feet, which point is also described as a point in the SE/4 of the NW/4 of Section 15, T5S, R65W, 6th P.M. that lies 2,110 feet from the north line and 2,105 feet from the west line of Section 15. The approximate (right) abutment is latitude 39º37'06" north, and longitude 104º39'11" west. 12.3.1.12 Bennett Gravel Pit Reservoir. An off-channel reservoir expected to be located within portions of the E1/2 of the NW1/4 and W1/2 of the NE/4 of Section 12 and portions of the SW1/4 SE1/4 of Section 1, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado. 12.3.1.13 Brannan Gravel Pit Reservoir. An off-channel reservoir expected to be located within portions of the NE1/4 of the NE1/4 of Section 12 and portions of the E1/2 of the SE1/4 of Section 1, Township 1 North, Range 67 West of the 6th P.M., Weld County,

Colorado. 12.3.1.14 Everist St. Vrain Gravel Pit Reservoir. An off-channel reservoir expected to be located within portions of W1/2 of Section 32, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. 12.3.1.15 Werning Reservoir. An off-channel reservoir expected to be located within portions of N1/2 of the NE1/4 and the SW1/4 of the NE1/4 of Section 3 and portions of the NW1/4 NW1/4 of Section 2, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. 13. Return Flow Replacement through Substitution. In connection with the change of water rights described above, Aurora Water will have return flow replacement obligations resulting from the historical use of the Subject Water Rights. In addition to water diverted pursuant to the priorities identified in Paragraph 4, Aurora Water may use fully consumable water diverted pursuant to the water rights adjudicated or changed as set forth in Exhibit C to this application to meet its obligations (“Replacement Sources”). Aurora Water may also use water derived from water rights in addition to those set forth in Exhibit C provided the water so released is fully consumable, and provided Aurora Water has given notice of its intent to use such water as required in the decree entered in this case. 13.1 Release Location of Replacement Sources. 13.1.1 Gilcrest Reservoir Outlet located in the SE/4 NE/4 of Section 26, T4N, R67W, 6th P.M., Weld County, Colorado. 13.1.2 The outlet for Aurora-Everist Reservoir Complexes No. 1 and 2, located in the SW/4 NE/4 of Section 30, T2N, R66W, 6th P.M., Weld County, Colorado. 13.1.3 The outlet for the Walker North, Walker South, Kirby-Dersham, Challenger and Tucson South storage facilities, located near the point at which South Platte River crosses from SW/4 to the NW/4 of Section 31, T1 N, R66W, 6th P.M., Weld County, Colorado. 13,1,4 The Outfall of the Robert W. Hite Wastewater Treatment Plant, the location of which is described as: SE/4 SW/4, Section 1, T3S, R68W, 6th P.M., Adams County, Colorado. 13.1.5 The Outfall of the North Wastewater Treatment Plant, the location of which is described as: SE/4 SW/4, Section 31, T1N, R66W, 6th P.M., Weld County, Colorado. 13.1.6 The Outfall of the Aurora Sand Creek Wastewater Treatment Plant, also known as the Sand Creek Water Reuse Facility, located on Sand Creek in the NW1/4 SE1/4 of Section 26, Township 3 South, Range 67 West, 6th P.M, Adams County, Colorado. 13.1.7 Replacement locations sect forth in paragraph 12 (h) of Aurora’s Brighton Ditch change decree entered in 07CW37. 13.1.8 Augmentation Stations described in paragraph 14.2.1.1 of the decree entered in 14CW3177. 13.1.7 Augmentation Stations described in paragraphs 10.1 through 10.16 above. 13.2 All releases of Replacement Sources to meet Aurora Water’s return flow replacement obligations will be made in the same time, amount and location of the historical return flows, regardless of the water right under which the water was diverted. To the extent fully consumable water derived from water rights other than the Subject Water Rights is released to meet replacement obligations, an equivalent amount of water diverted pursuant to the Subject Water Rights and attributable to historical return flow will become fully consumable by Aurora Water. 14. Lack of Injury. Aurora Water will propose terms and conditions in the final decree so that this change of water right and plan of substitution will not injuriously affect the owner of or persons entitled to use of water under a vested water right or a decreed conditional water right. 15. Names(s) and Address(es) of Owner(s) of Structures: 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 are set forth below. Aurora Water shall not use any structure or land to which they do not have legal interest. 15.1 Lupton Bottom Ditch Company and Lupton Meadows Ditch Company, 25 South 4th Avenue, Brighton, CO 80601. 15.2 Morton Lakes, LLC., 5775 Franklin St. Denver, Co 80216 (Lupton Bottom Diversion Aug Station). 15.3 South Platte Valley Historical Society, PO Box 633 Ft. Lupton, CO 80621 (Aurora-Parker, Central, Northglenn Aug Stations). 15.4 Richard Hein. PO Box 649 Fort Lupton, CO 80621 (Lupton Bottom West Lateral Aug Station). 15.5 L.G. Everist Inc., 350 S Main Ave. Suite 400, Sioux Falls, SD 57104. 15.6 David Bell, 7679 Youngfield St., Arvada, CO 80005 (Sand Hill Aug Station). 15.7 City of Broomfield, 1 Descombes Dr., Broomfield, CO 80020 (Lupton Bottom East Lateral Aug Station). 15.8 Ramon Michel, 4638 Tilbury Ct., Firestone, CO 80504 (Vynckier Aug Station). 15.9 James and Mary Carlson, 10775 County Road 23, Fort Lupton, CO 80621 (Kuipers Lupton and Sperl Aug Stations). 15.10 Owners of real property underlying the East Reservoir Complex described in paragraph 12.3.1.10 above are set forth in Exhibit D. 15.11 Hibe LLC, 301 Centennial Dr., Milliken, CO 80543 (Part of Walker/Kirby-Dersham). 15.12 Carl Eiberger, 303 S Broadway Unit B-200, Denver, CO 80209 (Part of

Walker). 15.13 Aggregate Industries WCR INC, 1687 Cole Blvd. Ste. 300, Golden, CO 80401 (Tucson South). 15.14 Pioneer Land Company LLC, 4409 Coriolis Way, Frederick, CO 80504 (Bennett). 15.15 Owens Brothers Concrete, 5775 Franklin St., Denver, CO 80216 (Co-owner of Everist SV with Everist). 15.16 MV Farms I LLC, 400 Poydras St. Ste. 2100, New Orleans, LA 70130 (Werning). 18CW3122 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. Please send all future correspondence and pleadings to 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. APPLICATION TO MAKE WATER RIGHTS ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE, IN LOGAN COUNTY. 2. Description of project features: As confirmed by decrees in Case Nos. 96CW1063 and 98CW463, CPW appropriated conditional water rights to be diverted by the wells described in Paragraph 3 below (“Tamarack Ranch Recharge Wells”) for use at and downstream of the Tamarack Ranch State Wildlife Area. The Tamarack Ranch State Wildlife Area is the initial site of the "Tamarack Plan" that is part of the Platte River Recovery Implementation Program (“PRRIP”) within Colorado. CPW conveys water pumped from the Tamarack Ranch Recharge Wells by pipeline to the recharge ponds and slough ("Recharge Facilities") described in Appendix A of the decrees in Case Nos. 96CW1063 and 98CW463. A map of the structures is attached as Exhibit A. Water seeps underground, is discharged for use within the Tamarack State Wildlife Area, or is delivered by pipeline to the South Platte River from the Recharge Facilities and, if allowed to seep underground, results in accretions to the South Platte River. Recharge accretions and water delivered by pipeline to the South Platte River increase or augment flows in the South Platte River to prevent injury that would be caused by pumping the wells and at times will benefit threatened and endangered species managed under the PRRIP within Colorado and species of special concern in Colorado. CPW claims dominion and control over the accretions not needed to replace well depletions (“excess accretions”) from the Recharge Facilities to the following locations: Sedgwick Bar State Wildlife Area, Julesburg State Wildlife Area, Pony Express State Wildlife Area, Duck Creek State Wildlife Area, and Red Lion State Wildlife Area. Colorado receives credit under the PRRIP for operating the Tamarack Plan by accounting for return flows that are not dedicated to replacing depletions of Colorado water users when they occur at times that meet the needs of the PRRIP. 3. Description of conditional water rights: A. Name of structures, well permit numbers, date of original decrees, and subsequent decrees awarding findings of diligence:

Structure Name: Tamarack Ranch Recharge Wells

Permit Number

Original Decree

Subs. Decrees

Tamarack Ranch Recharge Well #1 47191 July 12, 2012/96CW1063 N/A Tamarack Ranch Recharge Well #2 49222 July 12, 2012/98CW463 N/A Tamarack Ranch Recharge Well #3 53168 July 12, 2012/98CW463 N/A Tamarack Ranch Recharge Well #4 53169 July 12, 2012/98CW463 N/A Tamarack Ranch Recharge Well #5 50444 July 12, 2012/98CW463 N/A Tamarack Ranch Recharge Well #6 53336 July 12, 2012/98CW463 N/A Tamarack Ranch Recharge Well #7 53441 July 12, 2012/98CW463 N/A Tamarack Ranch Recharge Well #8 53538 July 12, 2012/98CW463 N/A Tamarack Ranch Recharge Well #9 53539 July 12, 2012/98CW463 N/A Tamarack Ranch Recharge Well #10 53540 July 12, 2012/98CW463 N/A Tamarack Ranch Recharge Well #11 76752 July 12, 2012/98CW463 N/A Tamarack Ranch Recharge Well #12 76753 July 12, 2012/98CW463 N/A Tamarack Ranch Recharge Well #13 76754 July 12, 2012/98CW463 N/A Tamarack Ranch Recharge Well #14 76755 July 12, 2012/98CW463 N/A

Tamarack Ranch Recharge Well #15 76756 July 12, 2012/98CW463 N/A Tamarack Ranch Recharge Well #16 76757 July 12, 2012/98CW463 N/A Tamarack Ranch Recharge Well #17 --- July 12, 2012/98CW463 N/A

B. Well depth, amounts and dates of appropriation:

Structure Name: Tamarack Ranch Recharge Wells

Well Depth (feet)

Amount CONDITIONAL

Appropriation Date

Existing Tamarack Ranch Recharge Wells Tamarack Ranch Recharge Well #1 54 4.5 cfs or 2000 gpm Dec. 31, 1996 Tamarack Ranch Recharge Well #2 62 4.5 cfs or 2000 gpm Dec. 31, 1998 Tamarack Ranch Recharge Well #3 120 4.5 cfs or 2000 gpm Dec. 31, 1998 Tamarack Ranch Recharge Well #4 99 4.5 cfs or 2000 gpm Dec. 31, 1998 Tamarack Ranch Recharge Well #5 55 4.5 cfs or 2000 gpm Dec. 31, 1998 Tamarack Ranch Recharge Well #6 80 4.5 cfs or 2000 gpm Dec. 31, 1998 Tamarack Ranch Recharge Well #7 115 4.5 cfs or 2000 gpm Dec. 31, 1998 Tamarack Ranch Recharge Well #8 92.5 4.5 cfs or 2000 gpm Dec. 31, 1998 Tamarack Ranch Recharge Well #9 136 4.5 cfs or 2000 gpm Dec. 31, 1998 Tamarack Ranch Recharge Well #10 120 4.5 cfs or 2000 gpm Dec. 31, 1998 Tamarack Ranch Recharge Well #11 109 6.68 cfs or 3000 gpm Dec. 31, 1998 Tamarack Ranch Recharge Well #12 79 4.5 cfs or 2000 gpm Dec. 31, 1998 Tamarack Ranch Recharge Well #13 60 4.5 cfs or 2000 gpm Dec. 31, 1998 Tamarack Ranch Recharge Well #14 72 6.68 cfs or 3000 gpm Dec. 31, 1998 Tamarack Ranch Recharge Well #15 126 6.68 cfs or 3000 gpm Dec. 31, 1998 Tamarack Ranch Recharge Well #16 67 6.68 cfs or 3000 gpm Dec. 31, 1998

Proposed Tamarack Ranch Recharge Wells Tamarack Ranch Recharge Well #17 --- 6.68 cfs or 3000 gpm Dec. 31, 1998 20,000 acre-feet

annually in aggregate

C. Legal descriptions:

Structure Name: Tamarack Ranch Recharge Wells

Q40 Q160 Section Township Range

Tamarack Ranch Recharge Well #1 SW NE 13 10N 49W UTM: 687724.0(x); 4523915.0(y) 2850’ S of NSL & 1826’ W of ESL

Tamarack Ranch Recharge Well #2 NE SW 13 10N 49W UTM: 687243.0 (x); 4523561.0(y) 1221’ N of SSL & 1799’ E of WSL

Tamarack Ranch Recharge Well #3 SE NE 13 10N 49W UTM: 688151.0(x); 4524058.0(y) 2347’ S of NSL & 418’ W of ESL

Tamarack Ranch Recharge Well #4 NE NE 10 10N 48W UTM: 694312.0(x); 4526384.0(y) 712’ S of NSL & 1030’ W of ESL

Tamarack Ranch Recharge Well #5 NE SW 13 10N 49W UTM: 687479.0(x); 4523737.0(y) 3404’ S of NSL & 2702’ E of WSL

Tamarack Ranch Recharge Well #6 SE NE 13 10N 49W UTM: 687969.0(x); 4523950.0(y) 2754’ S of NSL & 1007’ W of ESL

Tamarack Ranch Recharge Well #7 SW NW 18 10N 48W

UTM: 688371.0(x); 4524161.0(y) 2105’ S of NSL & 321’ E of WSL Tamarack Ranch Recharge Well #8 NW NW 18 10N 48W

UTM: 688543.0(x); 4524265.0(y) 1784’ S of NSL & 886’ E of WSL Tamarack Ranch Recharge Well #9 SE SE 3 10N 48W

UTM: 694453.0(x); 4526465.0(y) 116’ N of SSL & 586’ W of ESL Tamarack Ranch Recharge Well #10 SE SE 3 10N 48W

UTM: 694568.0(x); 4526565.0(y) 507’ N of SSL & 211’ W of ESL Tamarack Ranch Recharge Well #11 NE SW 9 10N 48W

UTM: 692054.4(x); 4525307.5(y) 1930’ N of SSL & 1835’ E of WSL Tamarack Ranch Recharge Well #12 NW SE 9 10N 48W

UTM: 692299.7(x); 4525466.6(y) 2416’ N of SSL & 2618’ W of ESL Tamarack Ranch Recharge Well #13 SW NE 9 10N 48W

UTM: 692519.0(x); 4525555.5(y) 2687’ N of SSL & 1903’ W of ESL Tamarack Ranch Recharge Well #14 NE NE 13 10N 49W

UTM: 688228.0(x); 4524519.0(y) 90’ S of NSL & 261’ W of ESL Tamarack Ranch Recharge Well #15 NE NE 13 10N 49W

UTM: 688033.0(x); 4524293.0(y) 770’ S of NSL & 1011’ W of ESL Tamarack Ranch Recharge Well #16 NW NE 13 10N 49W

UTM: 687699.4(x); 4524196.6(y) 1240’ S of NSL & 2006’ W of ESL Tamarack Ranch Recharge Well #17 NW SW 13 10N 49W

UTM: 686842.4(x); 4523718.6(y) 2575’ N of SSL & 466’ E of WSL D. Source: Groundwater tributary to the South Platte River. E. Use: Water that is pumped and

delivered to the Recharge Facilities is used by CPW while the water is contained in the Recharge Facilities for fish rearing and maintenance of fish and their habitat, waterfowl resting habitat, and wildlife habitat protection and preservation within Colorado. Water passed through Recharge Facilities for use within the Tamarack Ranch State Wildlife Area is treated as water flowing out of or being discharged from the Recharge Facilities and is measured and accounted for pursuant to Paragraph 11.B.3 of the decrees in Case Nos. 96CW1063 and 98CW463 in calculating water recharged to the alluvial aquifer, and used for wildlife habitat, downstream in-channel fish rearing, and maintenance of fish and their habitat (including species of special concern) within Colorado. Water pumped to areas other than the Recharge Facilities within the Tamarack Ranch State Wildlife Area is used for wildlife habitat, downstream in-channel fish rearing, and maintenance of fish and their habitat (including species of special concern) and such water does not generate recharge credits. The warm water slough, which is one of the Recharge Facilities, also provides habitat for warm water fish including but not limited to the brassy minnow, sucker mouth minnow, northern red belly dace, common shiner and plains minnow, some of which are species of special concern in Colorado due to their diminished populations. The water is also used in the augmentation plan decreed in Case Nos. 96CW1063 and 98CW463. 4. Claim to make conditional water rights absolute: CPW requests that this court determine and decree that the following amounts have been made absolute for the Tamarack Ranch Recharge Wells and to maintain diligence on the remaining conditional amounts.

Structure Name: Tamarack Ranch Recharge Wells

Permit Number

Amount Absolute

(gpm)

Amount Conditional

(gpm)

Date Made

Absolute Tamarack Ranch Recharge Well #1 47191 1900 100 12/1/14 Tamarack Ranch Recharge Well #2 49222 2000 0 11/30/12 Tamarack Ranch Recharge Well #3 53168 2000 0 12/18/12

Tamarack Ranch Recharge Well #4 53169 2000 0 12/1/14 Tamarack Ranch Recharge Well #5 50444 2000 0 11/30/12 Tamarack Ranch Recharge Well #6 53336 2000 0 11/30/12 Tamarack Ranch Recharge Well #7 53441 2000 0 11/30/12 Tamarack Ranch Recharge Well #8 53538 2000 0 12/1/14 Tamarack Ranch Recharge Well #9 53539 2000 0 12/18/12 Tamarack Ranch Recharge Well #10 53540 2000 0 12/1/16 Tamarack Ranch Recharge Well #11 76752 3000 0 1/20/14 Tamarack Ranch Recharge Well #12 76753 2000 0 2/13/14 Tamarack Ranch Recharge Well #13 76754 2000 0 12/13/14 Tamarack Ranch Recharge Well #14 76755 1800 1200 12/2/14 Tamarack Ranch Recharge Well #15 76756 3000 0 2/13/14 Tamarack Ranch Recharge Well #16 76757 1800 1200 12/2/14 Tamarack Ranch Recharge Well #17 --- 0 3000 ---

Diversion records for Tamarack Ranch Recharge Well Nos. 1-16 are attached as Exhibit B. 5. 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 for the Tamarack Ranch State Wildlife Area and the portion of the PPRIP within Colorado (collectively “Tamarack Project”). “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). 6. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: CPW constructed six new recharge wells during diligence period, in addition to the 10 constructed prior to the initial water rights application for a total of 16 operational wells. CPW staff participates in quarterly South Platte Water Related Activities Program (SPWRAP) board meetings and various other meetings to coordinate project operation and planning. CPW reviews the monthly water court resume. CPW Engineering Section provided engineering, design and project management for all capital projects including the installation of new wells, pipelines and recharge ponds. CPW also oversaw all project permitting, bidding, and contracting. CPW applied for and was determined to be eligible for FEMA public assistance to repair wells and associated infrastructure that was damaged in 2015 flooding. Under the public assistance grant, CPW is eligible for a federal match of up to 70% of total repair costs estimated to be in excess of two million dollars. Construction is planned for 2019. CPW staff operates and maintains all wells, pipelines, recharge ponds and associated infrastructure. Staff maintains well pumping data used for augmentation plan accounting and DWR records. CPW staff installed and maintain network of groundwater monitoring wells. Data from these wells are used for augmentation plan accounting. Included below are the financial expenditures associated with the Tamarack Project water rights 2012-2018. These include utility costs for well operation, capital costs for engineering design, new well construction, pipeline purchase and installation, recharge pond development, earthwork and instrumentation, and operations and maintenance expenses.

Expense Type

Year Utilities Operations and

Maintenance Capital

2012 $123,501.00 $38,028.00 $0.00

2013 $103,228.00 $20,981.00 $585,877.00

2014 $245,032.00 $53,463.00 $33,520.00

2015 $172,588.72 $23,133.98 $293,389.29

2016 $161,407.24 $21,106.16 $29,437.50

2017 $143,534.74 $51,040.64 $33,324.65

2018 (ytd) $151,294.00 $260.14 $0.00

Total $1,100,585.70 $208,012.92 $975,548.44 7. Names of owners of land upon which structures are located: Applicant. WHEREFORE, the Colorado Division of Parks and Wildlife respectfully requests that this Court find that the conditional water rights for the Tamarack Ranch Recharge Wells have been put to beneficial use in the amounts listed in ¶4 above for all decreed beneficial uses and enter a decree determining that said amounts have been made absolute and determining that continuing diligence be maintained on the remaining amounts. (7 pages, 2 exhibits.) 18CW3123 CODY GREGG ULLMAN, TRUSTEE OF THE CODY GREGG ULLMAN TRUST U/D/T/ 09-13-02, AS AMENDED; 28212 Kelly Johnson Parkway, #165, Valencia, CA 91355. Scott A. Clark, Esq., Amanda L. Hemmerich, Esq.; BURNS, FIGA & WILL, P.C.; 6400 So. Fiddler’s Green Cir., #1000, Greenwood Village, CO 80111; (303) 796-2626. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE PORTIONS OF CONDITIONAL WATER RIGHTS IN JEFFERSON COUNTY. 2. Name of Structures: The application concerns the conditional rights decreed to the (1) Creek Vistas Well No. 3 and (2) Creek Vistas Well No. 4. 3. Description of Conditional Water Rights: 3.1. Creek Vistas Well No. 3: 3.1.1. Permit No. 74665-F. 3.1.2. Prior Decree: In Case No. 05CW56, this Court confirmed appropriative rights of withdrawal and a plan for augmentation for Creek Vistas Well Nos. 1, 2, 3, and 4. 3.1.3. Date of Appropriation: March 30, 2005. 3.1.4. Legal Description: The well is located in the SW1/4 SW1/4, Section 28, T5S, R71W of the 6th P.M., located 982 feet from the South line and 599 feet from the West line of said Section 28 in Jefferson County, Colorado. 3.1.5. Source: Groundwater that is tributary to Cub Creek, Bear Creek, and the South Platte River. 3.1.6. Uses: Domestic and ordinary household purposes, the watering of domestic animals, the irrigation of lawns and gardens, and fire protection purposes. 3.1.7. Decreed Amount: 15 g.p.m., conditional. 3.1.8. Depth: Vertical depth of 1102 feet. 3.2. Creek Vistas Well No. 4: 3.2.1. Prior Decree: In Case No. 05CW56, this Court confirmed appropriative rights of withdrawal and a plan for augmentation for Creek Vistas Well Nos. 1, 2, 3, and 4. 3.2.2. Date of Appropriation: March 30, 2005. 3.2.3. Legal Description: To be located on Lot 3 of the Red Tail Ridge Subdivision in Jefferson County, Colorado, in the SW1/4, Section 28, T5S, R71W of the 6th P.M. 3.2.4. Source: Groundwater that is tributary to Cub Creek, Bear Creek, and the South Platte River. 3.2.5. Uses: Domestic and ordinary household purposes, the watering of domestic animals, the irrigation of lawns and gardens, and fire protection purposes. 3.2.6. Decreed Amount: 15 g.p.m., conditional. 4. Subsequent decrees awarding findings of reasonable diligence: Case No. 12CW34, entered on July 10, 2012. 5. Detailed Outline of What Has Been Done Toward Completion or for Completion of the Appropriations and Application of Water to a Beneficial Use as Conditionally Decreed. The conditional water rights that are the subject of this Application are part of an integrated water system for the Red Tail Ridge Subdivision (formerly known as the Creek Vistas Subdivision) that includes a plan for augmentation decreed in Case No. 05CW56. As such, work done on any aspect of the water rights used at the Applicant’s property constitutes diligence towards all of the water rights decreed for use at the Subdivision. C.R.S. § 37-92-301(4)(b). 5.1. During the subject diligence period, Applicant completed work necessary to put the subject conditional water rights to beneficial use, including the following: In 2015, Applicant completed construction of a house on the property and began to occupy the house as a primary residence. In addition, Applicant installed significant landscaping improvements on the property, including: fencing the entire perimeter of the property by installing approximately four thousand feet of three-strand wire fence for the purpose of keeping horses on the property, at a cost of $16,800; purchasing and planting trees and installation of edging, fabric, and rock around a portion of the residence, at a cost of $5,800; and installing sod on the property, at a cost of $5,600. 5.2. The Applicant has used water pumped from Creek Vistas Well No. 3 for irrigation and domestic purposes and has operated the augmentation plan. 5.3. Since 2014, the Applicant has completed the Red Tail Ridge Subdivision Annual Augmentation Report to MMRC as required by Paragraph 39 of the Decree. 5.4. This work

evidences Applicant’s continuing intent to develop the conditional water rights, and it is the firm intent of Applicant to continue to develop the conditional water rights. 6. Claim to make absolute in part: 6.1. Creek Vistas Well No. 3: 6.1.1. Date water applied to beneficial use: May 9, 2017 through July 13, 2017. 6.1.2. Amount: 15 g.p.m. 6.1.3. Use: Domestic and ordinary household purposes, the watering of domestic animals, the irrigation of lawns and gardens, and fire protection purposes. 6.1.4. Since construction of the house in 2015, the Applicant has pumped water from the Creek Vistas Well No. 3 and has put the water to beneficial use on his property in the Red Tail Ridge Subdivision. 6.1.5. Supporting evidence: Applicant diverted water in-priority and applied such water to beneficial uses. The Applicant pumped water from the Creek Vistas Well No. 3 between May 9, 2017 and July 13, 2017, when there was no call on Bear Creek and applied the water to domestic and ordinary household purposes, irrigation, and fire protection uses on Applicant’s property within the Red Tail Ridge Subdivision. Administrative records prove that the above-described diversion was made in priority. The Applicant’s annual augmentation report documents that the Creek Vistas Well No. 3 diverted in compliance with well permit 74665-F and the Case No. 05CW56 decree for beneficial uses. 7. Landowners: Applicant owns the land on which the wells are located or will be located and upon which the water rights have been and will be used. Number of pages of Application: 5. AMENDMENTS 18CW3074 LOWRY ENVIRONMENTAL PROTECTION/CLEANUP TRUST, c/o David Wilmoth, PE, PG, City and County of Denver, Dept. 310, 200 West 14th Ave., Denver, CO 80204-2732. Please direct all correspondence concerning this Application to: Gabe Racz, Esq. and Eugene J. Riordan, Esq., Vranesh and Raisch, LLP, 1720 14th Street, Suite 200, Boulder, CO 80302. AMENDED APPLICATION TO AMEND PREVIOUSLY DECREED AUGMENTATION PLAN IN ARAPAHOE COUNTY. The Applicant, Lowry Environmental Protection/Cleanup Trust (“Lowry Trust”) submits this Amended Application to Amend Previously Decreed Augmentation Plan (“Amendment”). The amendment is requested to cover depletions from additional withdrawals from monitoring and extraction wells used in the remediation efforts at the Lowry Landfill Superfund Site (“Site”) and to obtain authorization for alternate points of replacement for out-of-priority depletions. 2. Name and legal description of structures to be augmented. a. Lowry North Boundary Wall Sump (Well Permit No. 51825-F) located in the SE1/4 SW1/4 of Section 31, T4S, R65W, 6th P.M. b. Lowry North Toe Extraction System Sump (Well Permit No. 054352-F), located in the NE1/4 SW1/4 of Section 6, T5S, R65W, 6th P.M. c. Any monitoring or extraction wells constructed in the following locations: 1) the Site as depicted in the attached map (Exhibit B); 2) All of Section 6, T5S, R65W, 6th P.M., except for the land owned by Colorado Interstate Gas Company located generally in the SE1/4 of the SW1/4 of the SE1/4 of Section 6, T5S, R65W, 6th P.M.; and 3) All of Section 31, T4S, R65W, 6th P.M. As part of its remediation activities, Applicant has drilled, and may drill in the future, a variable number of monitoring or extraction wells at the Site and in Sections 6 and 31. Applicant maintains records describing the location and technical specifications of these wells, which are reported annually to the State Engineer pursuant to an agreement with the State Engineer. All monitoring or extraction wells constructed within these areas are covered by this augmentation plan. 3. Water rights to be used for augmentation. The Applicant has an agreement with East Cherry Creek Valley Water and Sanitation District that allows it to purchase fully consumable water from the District for use at the Lowry Landfill and associated properties. The Applicant also has an on-site nontributary Arapahoe Aquifer well located in Section 6, T5S, R65W (Permit No. 37665-F), decreed in Case No. 98CW380(A). 4. Does the Applicant intend to change a water right to provide a source of augmentation? No. 5. Previous Decrees. a. Original Decree. Case No. 98CW444, Water Division 1, entered on December 24, 2004. b. First Amended Decree. Case No. 08CW287, Water Division 1, entered on November 1, 2011. 6. Statement of requested amendment to plan for augmentation. Lowry Trust operates the existing augmentation plan for water withdrawn for remediation efforts at the Site under the terms and conditions of the First Amended Decree. A copy of the First Amended Decree is attached as Exhibit A. The First Amended Decree allows Lowry Trust to replace out-of-priority depletions from the withdrawal of contaminated ground water for remediation from the structures described in paragraph 2 above with fully consumable water purchased

from East Cherry Creek Valley Water and Sanitation District and/or water from a nontributary Arapahoe Aquifer well by discharging water into an existing on-site injection trench and/or other tributary wells in the general vicinity. The First Amended Decree includes an annual combined volumetric limit of 80 acre-feet on withdrawals from all of the structures described in paragraph 2 above. In the course of the remediation activities, Lowry Trust has discovered that it is necessary to increase the amount of withdrawals from the structures described in paragraph 2 above. Therefore, Lowry Trust is requesting an increase in the annual combined volumetric limit to 180 acre-feet on withdrawals from all of the structures described in paragraph 2 above. Lowry Trust has sufficient augmentation water for these increased withdrawals. In addition, as part of its remediation efforts, Lowry Trust will need to replace out-of-priority depletions, or a portion thereof, at a location or locations other than the existing on-site injection trench and/or existing tributary wells. Therefore, Lowry Trust is requesting clarification that replacements may be made through injection well(s) constructed in the future that are tributary to Senac Creek in the SE1/4 NE1/4 or NE1/4 SE 1/4 of Section 32, T4S, R65W, 6th P.M.; and/or tributary to East Toll Gate Creek in the NW1/4 NE1/4 or the SW1/4 NE1/4 of Section 1, T5S, R66W, 6th P.M., and/or the SW1/4 SE1/4 Section 36, T4S, R66W, 6th P.M. Alternatively, Lowry Trust may make replacements by: (a) releasing fully consumable water directly to Senac Creek in the SE1/4 NE1/4 or NE1/4 SE1/4 of Section 32, T4S, R65W, 6th P.M., and/or to East Toll Gate Creek in the NW1/4 NE1/4 or the SW1/4 NE1/4 of Section 1, T5S, R66W, 6th P.M.; and/or (b) discharging fully consumable water at the outfalls of the Aurora Sand Creek Water Reclamation Facility in the NE1/4 SW1/4 Section 26, T3S, R67W, 6th P.M., and/or the Metro Wastewater Reclamation District Robert W. Hite Wastewater Treatment Facility in the SW1/4 SW1/4 Section 1, T3S, R68W, 6th P.M. Finally, Lowry Trust seeks to add a procedure for authorizing additional or alternative sources and locations of replacement water pursuant to C.R.S. § 37-92-305(8). Other than the changes described above, Lowry Trust is not requesting any other changes to the First Amended Decree. By filing this Application, Lowry Trust does not intend to reopen the First Amended Decree, but only intends to modify the terms and conditions of the First Amended Decree as described above. 7. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. All land upon which all diversion or storage structures will be constructed is owned either by the Lowry Trust or by the City and County of Denver, which is a co-trustee in the Lowry Trust and is cooperating with the Lowry Trust. 8. Request for Relief. The Lowry Trust requests that the court enter a decree that determines that the amendments to the First Amended Decree described above will not injuriously affect the owners of any decreed water rights or conditional water rights, approves this amended application, and amends the First Amended Decree as follows: a. Amend the last sentence of the first paragraph of Section 5 to read substantively as follows: The annual combined volumetric limit on withdrawals from all of the structures to be augmented, as identified in paragraphs 2.A., 2.B., and 2.C., above, is limited to 180 acre-feet. b. Amend the last paragraph of Section 5 to read substantively as follows: The Applicant shall receive return flow credits for 95% of the ground water delivered for treatment at the Metro and/or Sand Creek Wastewater Treatment Plants. The remaining 5% of the ground water delivered for treatment shall be replaced by discharging fully consumable water from East Cherry Creek Valley Water and Sanitation District and/or the nontributary Arapahoe Aquifer well into the existing on-site injection trench and/or other tributary wells in the general vicinity, including injection well(s) constructed in the future that are tributary to Senac Creek in the SE1/4 NE1/4 or NE1/4 SE1/4 of Section 32, T4S, R65W, 6th P.M., and/or tributary to East Toll Gate Creek in the NW1/4 NE1/4 or the SW 1/4 NE1/4 of Section 1, T5S, R66W, 6th P.M. and/or the SW1/4 SE1/4 Section 36, T4S, R66W, 6th P.M. Alternatively, Lowry Trust may make replacements by: (a) releasing fully consumable water directly to Senac Creek in the SE1/4 NE1/4 or NE1/4 SE1/4 of Section 32, T4S, R65W, 6th P.M., and/or to East Toll Gate Creek in the NW1/4 NE1/4 or the SW1/4 NE1/4 of Section 1, T5S, R66W, 6th P.M.; and/or (b) discharging fully consumable water at the outfalls of the Aurora Sand Creek Water Reclamation Facility in the NE1/4 SW1/4 Section 26, T3S, R67W, 6th P.M., and/or the Metro Wastewater Reclamation District Robert W. Hite Wastewater Treatment Facility in the SW1/4 SW1/4 Section 1, T3S, R68W, 6th P.M. Ground water that is treated and reinjected on-site will incur no replacement requirement.

c. Add a new Section 5.A. providing a procedure to approve additional or alternative supplies of augmentation water pursuant to § 37‐92‐305(8).

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 SEPTEMBER 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.