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

18CW5 VINCENT C. AND SONETA MATTOCKS, 37380 Polo Run Dr., Elizabeth, CO 80107. 970-470-1074 or 217-898-1961. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS UNDERLYING APPLICANT’S PROPERTY IN ELBERT COUNTY. Applicant seeks to adjudicate the well, permit 189869, and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a 3 acre tract of land lying in the NE1/4, SW1/4, S30, T7S, R64W of the 6th PM, including the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers. 18CW6 SUSANNA SILVA, 2826 Spring Pl, Parker, CO 80138. 303-840-1670. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS UNDERLYING APPLICANT’S PROPERTY IN ELBERT COUNTY. Applicant seeks to adjudicate the well, permit 177798, and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a 8.5 acre tract of land lying in the NE1/4, SE1/4, S13, T6S, R65W of the 6th PM, including the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers. **Per Order, Water Division 2 will publish resume**

18CW3044 Water Division 1 and Case No. 18CW3020, Water Division 2; JO ELLEN WILLES, C/O JENNIFER MARTZ, 2650 Spring Grove Terrace, COLORADO SPRINGS, CO 80906 (Please address all pleadings and correspondence to Chris D. Cummins and Brian G. Sheldon, of Monson, Cummins & Shohet, LLC, 13511 Northgate Estates Dr., Ste. 250, Colorado Springs, CO 80921 (719) 471-1212.) Application for Adjudication of Denver Basin Groundwater and for Approval of Plan for Augmentation EL PASO COUNTY. Summary of Application. Applicant seeks to construct up to two (2) non-exempt wells to the not-nontributary Dawson aquifer to provide water service to an equivalent number of single family dwellings thereon, based on an anticipated subdivision of Applicant’s 10-acre parcel into two lots. Applicant therefore seeks to quantify the Denver Basin groundwater underlying the Applicant’s Property, and for approval of a plan for augmentation for the use thereof. Application for Underground Water Rights. Legal Description of Wells. Property Description. All wells will be located on Applicant’s Property, which contains approximately 10 acres, more or less (“Applicant’s Property”) with the plan to subdivide into two lots of approximately 5 acres each. As more particularly described as follows, and depicted in the attached Exhibit A map, Applicant’s Property is located in: The NW1/4 SW1/4 of Section 34, Township 11 South, Range 66 West of the 6th P.M., El Paso County, Colorado. Proposed Wells. Applicant first proposes that the existing exempt well (“Willes Well No.1”), constructed to the not-nontributary Dawson aquifer under Division of Water Resources Permit No. 30262-A, be transferred to non-exempt status upon entry of a decree approving the plan for augmentation requested herein. Applicant further proposes that at least one additional well to be located on the Applicant’s Property at a specific location not yet determined (“Willes Wells No. 2”), to be constructed to the Dawson aquifer. Water Source. Not-Nontributary. The ground water to be withdrawn from the Dawson, Denver, and Arapahoe aquifers of the Denver Basin underlying the Applicant’s Property is not-nontributary. Pursuant to C.R.S. §37-90-137(9)(c.5), the augmentation requirements for wells in the Dawson aquifer will require the replacement of actual stream depletions. Nontributary. The groundwater that will be withdrawn from the Laramie-Fox Hills aquifer of the Denver Basin underlying the Applicant’s Property is nontributary. Estimated Rates of Withdrawal and Ground Water Available. Estimated Rates of Withdrawal. Pumping from the wells will not exceed 100 g.p.m. The actual pumping rates for each well will vary according to aquifer conditions and

well production capabilities. The Applicant requests the right to withdraw ground water at rates of flow necessary to withdraw the entire decreed amounts. The actual depth of each well to be constructed within the respective aquifers will be determined by topography and actual aquifer conditions. Estimated Average Annual Amounts of Ground Water Available. Applicant requests a vested right for the withdrawal of all legally available ground water in the Denver Basin aquifers underlying the Applicant’s Property. Said amounts may be withdrawn over the 300-year life of the aquifers as required by El Paso County, Colorado Land Development Code §8.4.7(C)(1) which is more stringent than the State of Colorado’s 100-year life requirement pursuant to C.R.S. §37-90-137(4). Applicant estimates that the following values and average annual amounts are representative of the Denver Basin aquifers underlying Applicant’s Property:

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

AQUIFER

ELEVATION

NET

SAND

(ft)

DEPTH

(ft)

Annual

Average

Withdrawal

100 Years

(Acre Feet)

Annual

Average

Withdrawal

300 Years

(Acre Feet) Bottom Top Bottom Top

Dawson (NNT) 6634 7243 305 771 162 6.1 2.03

Denver (NNT) 5832 6629 529.6 1573 776 9.0 -

Arapahoe (NNT) 5292 5770 225 2113 1635 3.83 -

Laramie-Fox Hills

(NT) 4516 4834 189.4 2889 2571 2.84

-

Property. Owner of Land Upon Which Wells are to Be Located. The land upon which the wells are and will be located is owned by the Applicant. Structures to be Augmented. The structures to be augmented are Willes Wells Nos. 1 and 2, along with any replacement or additional wells associated therewith, as likewise may be constructed to the Dawson aquifer of the Denver Basin underlying the Applicant’s Property as requested and described herein. Water Rights to be Used for Augmentation. The water rights to be used for augmentation during pumping are the return flows resulting from the pumping of the not-nontributary Dawson aquifer from Willes Wells Nos. 1 and 2, together with water rights from the nontributary Laramie-Fox Hills aquifer for any injurious post pumping depletions. Statement of Plan for Augmentation. Applicant wishes to provide for the augmentation of stream depletions caused by pumping of the not-nontributary Dawson aquifer by two wells proposed herein for two residential lots. Potential water use criteria and their consumptive use component for replacement of actual depletions for the lots are estimated as follows: Uses. Household Use Only: 0.25 acre feet annually within single family dwellings on up to two lots, with a maximum of ten percent consumptive use based on a nonevaporative septic leach field disposal systems. The annual consumptive use for each lot would therefore be 0.025 acre feet per well, with return flows of 0.225 acre feet per lot (totaling 0.45 acre feet annually). Any other type of waste water disposal shall require an amendment to this plan of augmentation. Landscape Irrigation: 0.05 acre feet annually per 1,000 square feet (2.18 acre feet per acre) per year, with an 85% assumed consumptive use rate. The annual consumptive use for each 1,000 square feet of lawn and garden irrigated is therefore 0.042 acre feet. Horses (or equivalent livestock): 0.05 acre feet annually (10 gallons per day) per head with a one hundred percent consumptive use component. Hot Tub Use: 0.006 acre feet (2,100 gallons) annually, based upon six fillings per year, with a 50% consumptive use rate. The annual consumptive use for each hot tub is therefore 0.003 acre feet (1,050 gallons). Each well will pump a maximum of 0.5 acre feet of water per year per residence for a maximum total of 1.0 acre feet being withdrawn from the Dawson aquifer per year. Such use shall be a combination of household use, irrigation of lawn and garden, and the watering of horses or equivalent livestock. An example breakdown of this combination of use, utilizing the factors described above, is household use of 0.25 acre feet of water per year per residence with the additional 0.25 acre feet per year per residence available for irrigation of approximately 4,100 square feet of lawn and garden and the watering of up to four horses or equivalent livestock on each residential lot. Depletions. Applicant’s consultant has determined that maximum stream depletions over the 300 year pumping period for the Dawson aquifer amounts to approximately 21% percent of pumping. Maximum annual depletions for total residential pumping from all wells is therefore 0..21 acre feet in year 300. Should Applicant’s pumping be less than the 0.5 acre feet per lot described herein, resulting depletions and required replacements will be correspondingly reduced. Augmentation of Depletions During Pumping. Pursuant to C.R.S. §37-90-137(9)(c.5), Applicant is required to replace actual stream depletions attributable to pumping of the two residential wells. Applicant’s consultant has determined that depletions during pumping will be effectively replaced by residential return flows from non-evaporative septic systems. The annual consumptive use for non-evaporative septic systems is 10% per year per residence. At a household use rate of 0.25 acre feet per residence per year, total of 0.5 acre feet, 0.45 acre feet is replaced to the stream system per year, utilizing non-evaporative septic systems. Thus, with maximum depletions of 0.21 acre feet during pumping, stream depletions will be adequately augmented. Augmentation for Post Pumping Depletions. For the replacement of any injurious post-pumping depletions which may be associated with the use of the Willes Wells Nos. 1 and 2, Applicant will reserve up to 278 acre feet of water from the nontributary Laramie Fox Hills aquifer, accounting for actual stream depletions replaced during the plan pumping period, calculated at 135 acre feet. Applicant also reserves the right to substitute other legally available augmentation sources for such post pumping depletions upon further approval of the Court under its retained jurisdiction. Even though this reservation is made, under the Court’s retained jurisdiction, Applicant reserves the right in the future to prove that post pumping depletions will be noninjurious. The reserved nontributary Laramie-Fox Hills groundwater will be used to replace any injurious post-pumping depletions. Upon entry of a decree in this case, the Applicant will be entitled to apply for and receive a

new well permit for the Willes Wells Nos. 1 and 2 for the uses in accordance with this Application and otherwise in compliance with C.R.S. §37-90-137. Remarks. This Application was filed in both Water Divisions 1 and 2 because depletions from the pumping of the Dawson aquifer may occur in both the South Platte and the Arkansas River systems. The return flows set forth herein will accrue to tributaries of the Arkansas River system where the majority of such depletions will occur, and it is Applicant’s intent to consolidate the instant matter with pending Division 1 application in Water Division 2 upon completion of publication. Applicant requests that the total amount of depletions to both the South Platte River and the Arkansas River systems be replaced to the Arkansas River as set forth herein, and for a finding that those replacements are sufficient. Applicant requests a finding that they have complied with C.R.S. §37-90-137(4), and that the ground water requested herein is legally available for withdrawal by the requested not-nontributary wells upon the entry of a decree approving an augmentation plan pursuant to C.R.S. §37-90-137(9)(c.5). The term of this augmentation plan is for 300 years, however the length of the plan for a particular well may be extended beyond such time provided the total plan pumping allocated thereto is not exceeded. Post pumping stream depletions accrue to a particular well or wells only to the extent related to that well’s actual pumping. The Court will retain jurisdiction over this matter to provide for the adjustment of the annual amount of ground water withdrawals to be allowed in order to conform to actual local aquifer characteristics from adequate information obtained from well drilling or test holes. The Applicant requests a finding that vested water rights of others will not be materially injured by the withdrawals of ground water and the proposed plan for augmentation. The wells shall be installed and metered as reasonably required by the State Engineer. Each well must be equipped with a totalizing flow meter and Applicant shall submit diversion records to the Division Engineer on an annual basis or as otherwise requested by the Division Engineer. The Applicant shall also provide accountings to the Division Engineer and Water Commissioner as required by them to demonstrate compliance under this plan of augmentation. The Applicant intends to waive the 600 feet well spacing requirement for any wells to be located upon the Applicant’s Property. Applicant will comply with any lienholder notice provisions set forth in C.R.S. §37-92-302(2)(b) and §37-90-137(4)(b.5)(I), and such notice will be sent within 14 days of the filing of this application. Application contains eight (8) pages.

18CW3045 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 future correspondence and pleadings to Bradley C. Grasmick, Lawrence Jones Custer Grasmick, LLP, 5245 Ronald Reagan Blvd, Suite 1, Johnstown, CO 80531, Telephone: (970) 622-8181. APPLICATION TO ADD A 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 (Decree) allows the addition of wells to the plan subject to notice and terms and conditions. 3. Structure to be Added and Augmented. 3.1. Name of Structure to be Added and Augmented: 3.1.1. Brewer Well, Well Permit No. 14892-R (“Well”); (WDID: 205540). 3.2. Name and Address of Owner of Well: Magness Land Holdings LLC, Kirk Johannsen, P.O. Box 190, Platteville, CO 80651. 3.3. Location of Well: At a point from which the SW1/4 of Section 36, Township 3 North, Range 67 West of the 6th P.M. bears due West, a distance of 100 feet, Weld County, Colorado. 3.4. GMS Contract No.: 1194, approved January 23, 2018, Exhibit 1. 3.5. Prior Decrees; Remarks: A decree was entered in Water Court, Water Division No. 1 Case No. W-911 on April 20, 1972, adjudicating the Brewer Well in the amount of 3.11 cfs, absolute with an appropriation date of July 31, 1955 for irrigation of land in Section 36, Township 3 North, Range 67 West of the 6th P.M. in Weld County, Colorado. 4. Proposed Terms and Conditions. 4.1. Consumptive Use Factors. The terms and conditions for Brewer 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 ¶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.

4.3. The Brewer Well was previously included in GASP, however, use of the Well was discontinued in 2002. There are no remaining depletions from operation of the Well prior to 2002. Future out-of-priority depletions caused by diversions of the Well will be augmented by GMS in accordance with GMS Contract No. 1194, the Decree in Case Nos. 02CW335 and the decree entered herein. 5. Names and addresses of owners of land on which structures are located: Magness Land Holdings LLC, Kirk Johannsen, P.O. Box 190, Platteville, CO 80651. 3 pages, 1 exhibit. 18CW3046 (89CW239) Left Hand Water District (“District” or “Applicant”), c/o Christopher Smith, General Manager, P.O. Box 210, Niwot, Colorado 80544 (303) 530-4200. Scott E. Holwick, Esq., Lyons Gaddis Kahn Hall Jeffers Dworak & Grant, PC, P.O. Box 978, Longmont, CO 80502-0978. APPLICATION FOR A FINDING OF REASONABLE DILIGENCE in BOULDER COUNTY. 2. Summary of the Application: The Court entered a decree in Case No. 11CW127 on March 7, 2012 for the District’s conditional water storage right for Behrmann Reservoir. In this application, the District seeks a finding that it has been diligent with respect to completing the appropriation of the conditional water storage right described herein, and that it is entitled to continue the conditional water storage right for another six-year diligence period. 3. Name of Conditional Water Right: Behrmann Reservoir. A. Previous Decrees. This conditional water storage right was originally decreed in Case No. 89CW239, District Court, Water Division No. 1 on November 15, 1991. Subsequent diligence decrees were entered in Case Nos. 97CW291, 04CW150 and 11CW127. B. Legal Description of Dam. The dam for Behrmann Reservoir will be located in the SW1/4 of the SW1/4 of Section 22, Township 2 North, Range 70 West of the 6th P.M., Boulder County, Colorado. The outlet will be on the dam at a point N 79°00’E at 1185’ from the SW corner of Section 22, Township 2 North, Range 70 West of the 6th P.M., Boulder County, Colorado. C. Legal Description of Points of Diversion. (1). The Table Mountain Ditch, the headgate of which is located on the North bank of Left Hand Creek in the NE1/4 of the NW1/4 of Section 19, Township 2 North, Range 70 West of the 6th P.M., Boulder County, Colorado. (2). The Williamson Ditch, the headgate of which is situated on the south side of Left Hand Creek on the SE1/4 of the SE1/4 of Section 27, Township 2 North, Range 70 West of the 6th P.M., Boulder County, Colorado. D. Source: Left Hand Creek. E. Appropriation Date: July 28, 1989. F. Amount: 1400 acre-feet, conditional, at a maximum filling rate of 40 c.f.s. G. Amount Claimed Absolute: Not applicable. H. Uses of Water: Municipal, domestic, irrigation, recreation, exchange, replacement and augmentation. 4. Integrated Water Supply System. The conditional water storage right identified herein is a component part of Applicant’s integrated water supply system, pursuant to § 37-92-301(4)(b), C.R.S. 5. Claim of Diligence. The District seeks a decree finding that it has been diligent with respect to completing the appropriation of the conditional water storage right described in ¶ 3, and that it is entitled to continue this CONDITIONAL water storage right for another six-year diligence period. In support of its claim for diligence, the District completed the following activities during the period from March 8, 2012 through the date of filing of this application (“Diligence Period”). A. The District completed an appraisal at a cost of $12,834 for the Behrmann property, including the reservoir and conditional water storage right. B. The District commissioned and completed its Treated Water Master Plan at a cost of $104,480. The Treated Water Master Plan serves as the District’s guide for its short-term and

long-term capital improvements. Among other conclusions, the Treated Water Master Plan recommended that the District upgrade and expand the existing Dodd Water Treatment Plant (“Dodd WTP”), which is the proposed delivery point for water stored in Behrmann Reservoir. C. The District completed an upgrade and expansion to its Dodd Water Treat Plant at a cost of $30,000,000. D. Along with the Northern Colorado Water Conservancy District, the City of Boulder and the Longs Peak Water District, the District continued its efforts to build a second supply pipeline (the Southern Water Supply Project). The Southern Water Supply Project will convey transmountain water associated with the District’s C-BT allotment contracts from Carter Lake. Such transmountain water may be stored in Behrmann Reservoir. Work included: pursuing pipeline easements in Boulder and Larimer Counties; pipeline design; obtaining a loan from the CWCB to finance the District’s portion of the pipeline; and negotiating agreements with Northern, Boulder and Longs Peak relating to operating the pipeline. The District expended $1,456,249 on such work. E. The District contributed $106,250 in a collaboration with the Lefthand Watershed Oversight Group on source water protection projects and watershed restoration projects. F. To firm its long-term water supply, the District expended $1,482,250 for its pro rata participation in the Northern Integrated Supply Project (“NISP”), in which it has subscribed for 4,900 acre-feet of the project’s 40,000 acre-feet supply. G. The District paid the Left Hand Ditch Company $433,808 in native water rights assessments. H. The District paid the Northern Colorado Water Conservancy District $1,295,165 in C-BT assessments. I. The District paid carrier ditch assessments in the amounts of: $21,283 to the Haldi Ditch Company; $4,500 to the Williamson Ditch Company; and $1,310 to the New Hinman Ditch Company. J. The District expended $5,828 on adjudicating a diligence decree for its Left Hand Water District conditional exchange in Case No. 16CW3032, in which the Water Court, Division No. 1 entered the final decree i on September 15, 2016. 6. Name(s) and address(es) of owner(s) 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. A. Behrmann Reservoir. Applicant. B. Table Mountain Ditch. The New Table Mountain Ditch Company, Richard Behrmann, 8110 Ouray Drive, Longmont, Colorado 80501. C. Williamson Ditch. The Williamson Ditch Company, 7733 North 73rd Street, Longmont, CO 80503.

18CW3047 The Well Augmentation Subdistrict of the Central Colorado Water Conservancy District (WAS), 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., Johnstown, CO 80531; Phone: (970) 622-8181. APPLICATION TO DELETE MEMBER WELL FROM THE “WAS” AUGMENTATION PLAN, in ADAMS AND WELD COUNTIES. 2. Augmentation Plan Deletion. Applicant operates an augmentation plan decreed in Case No. 03CW99 (the Plan). ¶11.1.3 of the decree in Case No. 03CW99 (Decree) allows the deletion of Member Wells from the Plan subject to notice and terms and conditions. Applicant seeks a decree deleting the following 6 wells from the Plan. 2.1. Martin Produce Well 1-10924, WDID 0307285, Permit No. 10924-F (“Martin Produce Well”). WAS Contract 889, was deleted October 17, 2017. The Martin Produce Well was decreed in Case No. W-2407 on December 10, 1975 and is located in the NE1/4 of the SW1/4 of Section 5, Township 5 North, Range 60 West of the 6th P.M., Weld County, Colorado at a point 2,275 feet East and 2,550 feet North of the SW corner of said Section 5 for diversion of 0.78 c.f.s, with an appropriation date of July 15, 1966, for manufacturing, including vegetable washing and processing. 3. Proposed Terms and Conditions for Deletion. ¶11.1.3 of the Decree requires that “WAS shall continue to replace all out-of-priority depletions caused by pre-deletion pumping of the well that occurred while the well was covered under the WAS plan or associated substitute supply plan.” White Sands Water Engineers Inc., (WSWE) has computed the total amount of the future depletions from past pumping for the years Martin Produce Well was pumped, 2003, 2004, 2005, 2013, 2014, 2015, 2016 and 2017. That amount is a total of 0.80 af as shown in the WSWE report dated March 8, 2018, attached hereto as Exhibit 1. There are no remaining depletions from past pumping. Applicant requests the Court approve Exhibit 1, Attachment

2 which is a Revised Exhibit 1 to the 03CW99 Decree and which reflects the proposed deletion and addition requested in this application. 4. Distribution of Future Well Depletions. The Decree requires WAS to distribute well depletions between river reaches. ¶22.2 of the Decree states: “In the event of the addition or deletion of a well under this plan pursuant to ¶¶11.1.2 and 11.1.3, the Court shall approve and order such adjustments to the percentages set forth in ¶¶22.2.1, 22.2.2, and 22.2.4 as necessary to ensure that depletions continue to be replaced at locations necessary to prevent injury.” The deletion of the well in this application requires no adjustment to the percentages used to distribute stream depletions as described in attached the WSWE report. 3 pages, 1 Exhibit.

18CW3048 Kermit Laughlin, M. Alan Laughlin, and Jacqueline Flowers, 11223 E. Parker Road, Parker, CO 80138 (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. 38.2 acres being Lots 1 and 2, Laughlin Subdivision, generally located in the E1/2NE1/4 of Section 17, T6S, R65W, and 19.9 acres being Lots 1 through 4, Lone Pine Acres Subdivision, generally located in the N1/2SE1/4 of Section 17, T6S, R65W of the 6th P.M., Douglas County, as shown on Attachment A hereto (Subject Property). The location of the lots satisfy the requirements of Local Rule 3(b)(1). 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: Laughlin Subdivision: Upper Dawson: 6.1 acre-feet, Lower Dawson: 6.3 acre-feet, Denver: 19.6 acre-feet, Arapahoe: 17.7 acre-feet, Laramie-Fox Hills: 12.8 acre-feet. Lone Pine Acres: Upper Dawson: 3.2 acre-feet, Lower Dawson: 3.2 acre-feet, Denver: 10.2 acre-feet, Arapahoe: 9.2 acre-feet, Laramie-Fox Hills: 6.6 acre-feet. Proposed Use: Domestic, commercial, industrial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Groundwater to be augmented: All available Upper Dawson aquifer groundwater requested herein. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Upper Dawson aquifer groundwater underlying Lots 1 and 2, Laughlin Subdivision, will be used through up to six wells (1 acre-foot per well), for in house use (0.35 acre-feet), irrigation of 10,500 square-feet of lawn, garden, and trees (0.6 acre-feet), and stockwatering of up to 4 large domestic animals (0.05 acre-feet). The Upper Dawson aquifer groundwater underlying Lots 1 through 4, Lone Pine Acres Subdivision, will be used through up to four wells (0.8 acre-feet per well), for in house use (0.35 acre-feet), irrigation of 7000 square-feet of lawn, garden, and trees (0.4 acre-feet), and stockwatering of up to 4 large domestic animals (0.05 acre-feet). Applicants reserve the right to amend these amounts and values without amending the application or republishing the same. Sewage treatment for inhouse use will be provided by a non-evaporative septic system and return flow from inhouse 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 and 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).

18CW3049, J & L Land and Livestock Co. and Kirsten L. King, 8103 S. State Highway 83, 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. 339 acres located in the SE1/4 of Section 24, T9S, R66W, and the NW1/4NW1/4 of Section 29 and the N1/2N1/2 of Section 30, T9S, R65W of the 6th P.M., Douglas County (Subject Property). J & L Land and Livestock Co. is the owner of 298.8 acres and Kirsten Linnea King is the owner of 40.2 acres of the Subject Property, as described and shown on Attachment A hereto. Applicants will own a pro-rata interest in the groundwater underlying their land. 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: 152 acre-feet (part to be reserved for use through exempt wells), Lower Dawson: 126 acre-feet, Denver: 140 acre-feet, Arapahoe: 168 acre-feet, Laramie-Fox Hills: 97 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: 45 acre-feet per year of the available Upper Dawson aquifer groundwater as requested herein. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Upper Dawson aquifer water will be used for in house use in up to five single family residences, irrigation of lawn, garden, trees, pasture and hay on the Subject Property, stockwatering, and storage. Applicants reserve the right to revise the amount and 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 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. Applicants estimate that depletions occur to the Cherry Creek stream system. Return flows accrue to the Cherry Creek stream system, 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).

18CW3050 FOREST HILLS METROPOLITAN DISTRICT, 14405 W. Colfax Avenue, #165, Lakewood, CO 80401, (303) 495-2330, management@fhmd.net. John M. Dingess, Anthony J. Basile and Teri L. Petitt, Hamre, Rodriguez, Ostrander & Dingess, P.C., 3600 S Yosemite Street, Suite 500, Denver, CO 80210, (303) 779-0200, mail@hrodlaw.com, jdingess@hrodlaw.com, abasile@hrodlaw.com, poolteri@hrodlaw.com. Application for Finding of Reasonable Diligence in JEFFERSON COUNTY. 2. Name of Structures: 2.1 Forest Hills Reservoir No. 1. The left abutment of the dam is located at a point on the north bank of a tributary to Mount Vernon Creek in the SW1/4 of the NW1/4, Section 17, Township 4 South, Range 70 West of the 6th P.M., Jefferson County, whence the southwest corner of said section bears South 10° 30’ West a distance of 2810 feet. 2.2 Forest Hills Reservoir No. 1A. The left abutment of the dam is located at a point on the north bank of Mount Vernon Creek in the NE1/4 of the SW1/4, Section 17, Township 4 South, Range 70 West of the 6th P.M., Jefferson County, whence the southwest corner of said Section 17 bears South 43° 16’ West a distance of 3030 feet. Forest Hills Reservoir No. 1A was decreed in Case No. 91CW113 as an alternate place of storage for the eight original places of storage. 2.3 Forest Hills Reservoir No. 1B. The left abutment of the dam is located at a point on the north bank of a tributary to Mount Vernon Creek in the SW1/4 of the NW1/4, Section 17, Township 4 South, Range 70 West of the 6th P.M., Jefferson County, whence the southwest corner of said Section 17 bears South 15° 22’ West a distance of 2850 feet. Forest Hills Reservoir No. 1B was decreed in Case No. 91CW113 as an alternate place of storage for the eight original places of storage. 2.4 Forest Hills Reservoir No. 2. The left abutment of the dam is located at a point on the west bank of a tributary to Mount Vernon Creek in the

NW1/4 of the SW1/4, Section 17, Township 4 South, Range 70 West of the 6th P.M., Jefferson County, whence the southwest corner of said section bears South 5° 30’ West a distance of 2440 feet. 2.5 Forest Hills Reservoir No. 3. The left abutment of the dam is located at a point on the west bank of a tributary to Mount Vernon Creek in the NW1/4 of the SW1/4, Section 17, Township 4 South, Range 70 West of the 6th P.M., Jefferson County, whence the southwest corner of said section bears South 3° 30’ West a distance of 2300 feet. 2.6 Forest Hills Reservoir No. 7. The left abutment of the dam is located at a point on the west bank of a tributary to Shingle Creek in the NW1/4 of the SW1/4, Section 17, Township 4 South, Range 70 West of the 6th P.M., Jefferson County, whence the southwest corner of said section bears South 24° 00’ West a distance of 1700 feet. 3. Description of Conditional Rights 3.1 Date of Original Decrees: 3.1.1 Forest Hills Reservoirs No. 1, 2, and 3: Case No. W-9210-78, Water Division 1, entered May 14, 1979. 3.1.2 Forest Hills Reservoir No. 7: Case No. 82CW283, Water Division 1, entered June 25, 1987. 3.2 Date of Subsequent Decrees for Diligence, to Make Absolute, for Alternate Points of Storage, and Changes: 3.2.1 Case No. 83CW029, Water Division 1, entered August 26, 1988. 3.2.2 Case No. 91CW113, Water Division 1, entered April 30, 1992. 3.2.3 Case No. 91CW114, Water Division 1, entered on or about October 10, 1992. 3.2.4 Case No. 98CW404, Water Division 1, entered April 28, 1999. 3.2.5 Case No. 05CW082, Water Division 1, entered September 28, 2005. 3.2.6 Case No. 11CW175, Water Division 1, entered March 7, 2012. 3.3 Legal Descriptions: See Paragraph 2, above. See Exhibit A, General Location Map. 3.4 Sources: 3.4.1 Forest Hills Reservoirs No. 1, 2, and 3: Mount Vernon Creek and unnamed tributaries of Mount Vernon Creek. 3.4.2 Forest Hills Reservoir No. 7: Unnamed tributary of Shingle Creek, a tributary of Mount Vernon Creek. 3.5 Amounts: All amounts below are CONDITIONAL. Total decreed storage for all Reservoirs, including those previously decreed ABSOLUTE, is limited to 26.0 acre-feet. 3.5.1 Forest Hills Reservoir No. 1: 3.0 acre-feet 3.5.2 Forest Hills Reservoir No. 1A: 6.8 acre-feet 3.5.3 Forest Hills Reservoir No. 1B: 5.8 acre-feet 3.5.4 Forest Hills Reservoir No. 2: 3.0 acre-feet 3.5.5 Forest Hills Reservoir No. 3: 2.0 acre-feet 3.5.6 Forest Hills Reservoir No. 7: 4.0 acre-feet 3.6 Appropriation Dates: 3.6.1 Forest Hills Reservoirs No. 1, 2, and 3: March 16, 1978 3.6.2 Forest Hills Reservoir No. 7: August 20, 1982 NOTE: Forest Hills Reservoirs No. 1A and 1B are decreed as alternate points of storage only and have the same appropriation dates as those stated above for Forest Hills Reservoirs No. 1, 2, 3, and 7. 3.7 Uses: 3.7.1 Forest Hills Reservoirs No. 1, 2, and 3: Municipal, domestic, irrigation, augmentation and replacement. 3.7.2 Forest Hills Reservoir No. 7: Augmentation, replacement, exchange, irrigation, municipal, commercial, and all other beneficial uses. NOTE: Uses for Forest Hills Reservoirs 1A and 1B are the same as for the water right under which water may be stored in these alternate structures. 4. 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. During the diligence period from February 15, 2012 to March 31, 2018, considerable efforts were made by Forest Hills toward the continuing development of the conditional water rights which are an integral part of the water supply system developed for the Forest Hills Metropolitan District. These efforts include the following (expenditure numbers are rounded to the nearest $500): 4.1 Legal Defense and Protection: Applicant has engaged in 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 District’s water rights or its water development and delivery systems. During this diligence period, Applicant’s legal expenses in this regard total at least $27,000. 4.2 During the diligence period, Forest Hills performed a variety of work associated with the maintenance and upgrade of its existing integrated municipal water delivery system, including: 4.2.1 Forest Hills made annual assessment payments totaling at least $1,500 on its Soda Lakes Reservoir water rights. 4.2.2 Forest Hills paid at least $14,000 in contributions to DRCOG/Bear Creek as required for participation in water quality studies and reports generated thereby. 4.2.3 Forest Hills paid at least $8,000 in contributions to the Colorado Department of Health as necessary for participation in its water quantity studies and reports generated thereby. 4.2.4 To ensure proper design and/or operation of its municipal water delivery system, Forest Hills paid at least $44,000 to RESPEC and/or WRC Engineering, Inc. for

augmentation plan monitoring, coordination of water storage and releases, reservoir design work, and various other engineering tasks and assistance. 4.2.5 Forest Hills has spent at least $5,000 to develop its Source Water Protection Plan which identifies high priority potential contaminate sources and/or issues of concern, along with best management practices and proposed measures and improvements to address them. 4.2.6 Forest Hills has spent at least $7,000 to install Smart Water Meters on all wells located within the District and at the Forest Hills Water Treatment Plant. 4.2.7 Forest Hills has spent at least $60,000 to replace all in-home water meters located within the District with Smart Water Meters. 4.2.8 Forest Hills has spent at least $20,000 to replace all pressure reducing valves in the Forest Hills distribution system. 4.3. During the diligence period, Forest Hills has spent at least $62,000 toward completion of a fire mitigation project within the District’s boundaries. 4.4 Forest Hills reserves the right to identify additional relevant efforts that may be later discovered or to make adjustments to amounts expended on certain projects. Forest Hills made diligent efforts with regard to this application to determine and quantify all efforts made by it toward completion of its appropriative conditional water rights. However it is possible that relevant efforts or expenditures may be been overlooked or need further adjustment. 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: Forest Hills Metropolitan District, 14405 West Colfax Avenue #165, Lakewood, CO 80401. 6. Prayers for Relief: 6.1 Applicant respectfully requests the Court find that Forest Hills was diligent in its development of those water storage rights described above and the conditional decree for said structures in their conditional amounts should be continued for the statutory period. 6.2 Applicant requests this Court also grant such additional relief that it deems necessary and appropriate in these circumstances. (Application and attachments are 8 pages) 18CW3051 SUBLETTE, INC., c/o Sheldon Skovgaard, P.O. Box 21, Orchard, CO 80649. Please direct all correspondence concerning this Application to: Stuart B. Corbridge, Esq. and Geoffrey M. Williamson, Esq., Vranesh and Raisch, LLP, 1720 14th St., Suite 200, Boulder, CO 80302. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN WELD AND MORGAN COUNTIES. 2. Prior Decree: The original decree for the conditional water rights described below was entered on March 1, 2012, in Case No. 2006CW279, Water Court for Water Division 1. This is the first diligence application for the conditional water rights decreed in that case. 3. Description of Conditional Water Rights: A. Sublette Augmentation Credit Exchange i. Description of Exchange Reach: The total reach of the South Platte River included in the Sublette Augmentation Credit Exchange is from an upstream point at the Riverside Canal headgate downstream to the Weldon Valley Ditch headgate, which is located in the NE1/4 SW1/4 of Section 13, T4N, R61W, 6th P.M. The stream location of the Weldon Valley Ditch headgate is the exchange-from point for this exchange. ii. Legal Description of Points of Diversion: The upstream exchange-to points for the Sublette Augmentation Credit Exchange are as follows: a. Riverside Canal headgate, located on the north bank of the South Platte River in the SW1/4 SW1/4 of Section 20, T5N, R63W, 6th P.M. b. Sublette Pipeline Headgate, to be located at a point on the north bank of the South Platte River in the NW1/4 NW1/4 of Section 23, T4N, R61W, 6th P.M. The Sublette Pipeline Headgate will be a surface diversion from the South Platte River and no groundwater will be diverted by this structure. iii. Sources of Substitute Supply: The sources of substitute supply for the Sublette Augmentation Credit Exchange are: a. Recharge credits available to Sublette Inc. reaching the South Platte River from operation of the recharge facilities and augmentation plan decreed in Case No. 89CW27 (“Sublette Plan”) that are not needed for immediate augmentation use in the Sublette Plan at the time of accretion. b. Recharge credits available to Sublette Inc. reaching the South Platte River from operation of the Sublette Plan that are not needed for immediate augmentation use by the Riverside Reservoir & Land Company or the Riverside Irrigation District in the augmentation plan decreed in Case No. 02CW86 at the time of accretion. c. Recharge credits generated by the water rights described in Section 11.B. of the decree entered in Case No. 06CW279 that are available to Sublette Inc. based on allocation of recharge credits

owned by the Riverside Reservoir & Land Company and Riverside Irrigation District to owners of Riverside Private Rights. d. Other recharge credits generated by the water rights described in Section 11.B. of the decree entered in Case No. 06CW279 that are available to Sublette Inc. and not needed for immediate augmentation use in the Sublette Plan at the time of accretion, based on lease of said recharge credits from the Riverside Reservoir & Land Company or the Riverside Irrigation District. iv. Date of Appropriation: December 28, 2006 v. Amount Claimed: 6.0 c.f.s, CONDITIONAL vi. Uses: Water diverted pursuant to the Sublette Augmentation Credit Exchange shall be fully consumable, and will be used by Sublette Inc. for all of the uses described in paragraphs 8.F.i., 8.F.ii., and 8.F.iii.(2) of the decree entered in Case No. 89CW27. Water diverted through the Riverside Canal headgate pursuant to this exchange that must be allocated to Riverside as a carriage charge for the delivery of water to the Sublette Plan recharge sites shall be used by Riverside for the uses described in paragraphs 8.F.iii.(3) and 8.F.iii.(4) of the 89CW27 decree. These paragraphs are fully set forth in Exhibit A to the decree entered in Case No. 06CW279. B. Sublette Exchange Enlargement i. Description of Exchange Reach: The total reach of the South Platte River included in the Sublette Exchange Enlargement is from an upstream point at the Riverside Canal headgate downstream to the confluence of Antelope Draw and the South Platte River, located in the SE1/4 NE1/4 of Section 5, T4N, R55W, 6th P.M. The confluence of Antelope Draw and the South Platte River shall be the location of the exchange-from point for this exchange. ii. Legal Description of Points of Diversion: The upstream exchange-to points for the Sublette Exchange Enlargement are as follows: a. Riverside Canal headgate, as described in Paragraph 3.A.ii.a of this application. b. Sublette Pipeline Headgate, as described in Paragraph 3.A.ii.b of this application. iii. Sources of Substitute Supply: The sources of substitute supply for the Sublette Exchange Enlargement are those sources described in Paragraph 3.A.iii of this application. iv. Date of Appropriation: December 24, 2008 v. Amount Claimed: 9.0 c.f.s, CONDITIONAL vi. Uses: Water diverted pursuant to the Sublette Exchange Enlargement shall be fully consumable, and shall be used by Sublette Inc. for all of the uses described in paragraphs 8.F.i., 8.F.ii., and 8.F.iii.(2) of the decree entered in Case No. 89CW27. Water diverted through the Riverside Canal headgate pursuant to this exchange that must be allocated to Riverside as a carriage charge for the delivery of water to the Sublette Plan recharge sites shall be used by Riverside for the uses described in paragraphs 8.F.iii.(3) and 8.F.iii.(4) of the 89CW27 decree. These paragraphs are fully set forth in Exhibit A to the decree entered in Case No. 06CW279. 4. Amounts Claimed Absolute: As of the filing of this first diligence application Sublette Inc. has not exercised the conditional appropriative rights of exchange described in Paragraph 3 of this application so as to make any portion of the rights absolute. Sublette Inc. reserves the right to amend the application in this matter prior to entry of a decree to claim amounts as absolute, if justified by future activities. 5. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: Sublette Inc. is continuing to pursue the development of the conditional appropriative rights of exchange decreed in Case No. 06CW279, and therefore seeks a finding of diligence concerning those rights as described above in Paragraph 3. Work done by Sublette Inc. during the subject diligence period toward completion of the appropriations includes the following: A. Sublette Inc. has dedicated time (and associated expense) to development of the conditional rights of exchange, which rights of exchange allow Sublette to deliver excess recharge credits from the Sublette Plan and other water into the Sublette Plan recharge structures so as to generate additional augmentation water for the 89CW27 augmentation plan. Such work included: 1) evaluation of the type and design of potential diversion structures for development of the Sublette Pipeline Headgate; 2) communications with a neighboring landowner about mutual development of this diversion structure; 3) communications with the Riverside Reservoir & Land Company and the Riverside Irrigation District (collectively “Riverside”) about use of the Riverside Inlet Canal for operation of the exchanges; and 4) field work on Sublette Inc. property at the decreed location for the Sublette Pipeline Headgate, including property maintenance. Such field work and property maintenance was necessitated, in part, by the severe flooding of the South Platte River in September of 2013. B. In addition, since March 1, 2012, physical improvements to the Sublette Plan delivery and recharge structures have been made. This work included,

but was not limited to, general work related to the maintenance and operation of the Sublette Plan delivery and recharge structures, and other miscellaneous work and related items, including the purchase of materials to accomplish this work. The work (and associated expenses) included the maintenance of Sublette Inc. property associated with the flooding in 2013, including the restoration of an access road to the decreed point of diversion for the Sublette Pipeline Headgate. In addition, Sublette Inc. conducted annual weed removal and ditch and lateral preparation, and also did routine observation and maintenance of ditch and lateral turnout structures. Included in this work was reconstruction of a washed out embankment and the upgrade of measurement structures. C. Sublette Inc., along with Riverside, operated the Sublette Plan and diverted water for delivery to the project recharge structures. Recharge credits generated by these deliveries were used by Sublette Inc., Riverside, and entities who have an interest in the Sublette Plan water rights, structures, and operations, and will continue to be used, in accordance with the 89CW27 decree. D. Sublette Inc., Riverside, and the other Sublette Plan entities held annual operational meetings concerning the ongoing operation and maintenance requirements for the Sublette Plan, including review of well depletion and recharge amounts and the augmentation plan accounting related to the project, and review and setting of monetary assessments as required to operate the project each year. Project operations and maintenance duties include the development of work plans, daily operation of and accounting for the project, coordinating project water diversions and operations with Riverside, the other Sublette Plan entities, and the Water Commissioner, and reporting water diversions and recharge to the Division Engineer. As part of its operations, Sublette Inc. maintained detailed accounting to track the allocation of recharge credits and the availability of excess recharge accretions that could be used pursuant to the appropriative rights of exchange described in Paragraph 3 of this application. E. Sublette Inc. has also filed statements of opposition in other South Platte River water court cases during the diligence period, in order to monitor possible injury to the water rights decreed in Case Nos. 89CW27 and 06CW279. F. Expenditures by Sublette Inc. for the work listed above, including management costs and other operating expenses, were in excess of $50,000.00. Sublette Inc. also incurred additional expenditures for legal fees. 6. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. A. Riverside owns or has pre-existing rights to use the land upon which the Riverside Canal, including its headgate, is located. However, no modification of either the headgate or the canal is anticipated in the development of the conditional rights described in this application. B. Sublette Inc. owns the land upon which the Sublette Pipeline Headgate will be located and used. WHEREFORE, Sublette Inc. requests a finding of reasonable diligence and continuation of the conditional appropriative rights of exchange decreed in Case No. 06CW279 for another diligence period. 18CW3052 Maura Koncilja, 43210 Taos Trail, Elizabeth, CO 80107 (James J. Petrock, Petrock Fendel Poznanovik, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR FOR APPROVAL OF PLAN FOR AUGMENTATION, ELBERT COUNTY. Groundwater to be augmented: 1 acre-foot per year for 300 years of not nontributary Denver aquifer groundwater as decreed in Case No. 97CW400, Water Division 1. The groundwater will be used on Lot 3, TNM Ranches, which is generally located in the SW1/4 of Section 26, T6S, R64W of the 6th P.M., as shown on Attachment A hereto (Subject Property). Applicant is the owner of the groundwater which is the subject of this application. Water rights to be used for augmentation: Return flows from the use of not nontributary Denver aquifer water and return flows and direct discharge of nontributary Laramie-Fox Hills aquifer groundwater as also decreed Case No. 97CW400. Statement of plan for augmentation: In Case No. 97CW400, an augmentation plan was approved which allows withdrawal and use of 0.464 acre-feet per year for 300 years of Denver aquifer groundwater for in house use (0.3 acre-feet), irrigation of 2000 square feet of area (0.114 acre-feet), and stockwatering of four large domestic animals (0.05 acre-feet). By this application, Applicant requests an additional withdrawal of 0.535 acre-feet per year for 300 years (1 acre-foot total) for in house use (0.35 acre-feet),

irrigation of 10,000 square feet of area (0.6 acre-feet), and stockwatering of four large domestic animals (0.05 acre-feet). Pursuant to Section 37-90-137(9)(c.5), C.R.S., an amount equal to 4% of the annual amount withdrawn must be replaced to the affected stream system. Return flows from in house use on the lot (90% of in house use) returns to the South Platte River stream systems and such return flows are sufficient to replace the required amount during pumping (4% of annual amount withdrawn). Additional nontributary groundwater as decreed in Case No. 97CW400 will be reserved to meet post pumping augmentation requirements. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (4 pages).

18CW3053 Lake Arrowhead Water Association, c/o Jim Freeman, President, 5758 Arrowhead Dr., Greeley, CO 80634. Phone: (970) 339-5112. c/o Blair Howe, 5623 Arrowhead Drive, Greeley, CO 80634. Phone: (970) 539-6207. Please send correspondence and pleadings to: David P. Jones, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534. Phone: (970) 622-8181; david@ljcglaw.com. CONCERNING THE APPLICATION FOR FINDING OF REASONABLE DILIGENCE, in WELD COUNTY. 2. Description of Water Rights from Previous Decree dated March 15, 2012. 2.1. Name of Structure. Lake Arrowhead 2.1.1. Decree. Case No. 06CW217, Water Division No. 1, March 15, 2012; 96CW842, Water Division No. 1, October 26, 2000. 2.1.2. Legal Description of Diversion Point. The location of the North end of Dam is in the Northeast Quarter of the Northeast Quarter, Section 27, Township 5 North, Range 66 West, Weld County, Colorado, at a point 26 feet from the East section line and 520 feet from the North section line of said Section 27. 2.1.3. Source. Ashcroft Draw, a tributary to the South Platte River. 2.1.4. Date of Appropriation. December 19, 1963. 2.1.5. Amount. 148.6 acre-feet, with the right to fill and refill up to a total of 510 acre-feet. 200 acre-feet absolute; 310 acre-feet conditional. 2.1.6. Use. Irrigation of 226.7 acres in Lake Arrowhead Subdivision described as a tract of land situated in the North One-half of Section 27, in Township 5 North of Range 66 West of the 6th P.M., County of Weld, State of Colorado and for fire protection, recreation, piscatorial and wildlife purposes. 3. Outline of Work Toward Completion of the Appropriation during the Diligence Period. Applicant diverted and stored water in priority, and released water for beneficial use. Applicant maintained, repaired and replaced irrigation infrastructure necessary for use of its water rights. Applicant purchased and installed a data logger and SDR sensor for measuring and recording lake levels at a cost of approximately $2,500. Applicant performed maintenance and repairs of its reservoir, including the installation of new rip rap. Applicant maintained insurance for the reservoir and paid taxes on the land surrounding the reservoir. Applicant retained the services of a water accountant and a water attorney related to use and operation of its water rights. 4. Claim for Finding of Reasonable Diligence. Applicant seeks a finding that it has reasonably diligent in the development of the conditional water right and to maintain the right as conditional in the amount of 310 acre feet. The original format of this application is two (2) pages in length. 18CW3054 (10CW214), Town of Lochbuie, Steve Stamey, Town Administrator, 7036 Weld CR 37, Lochbuie, CO 80603; (303) 655-9308. Please direct all further pleadings and correspondence to Steven P. Jeffers , Matthew Machado, Lyons Gaddis Kahn Hall Jeffers Dworak & Grant, PC, 363 Centennial Parkway, Suite 110, Louisville, CO 80027. APPLICATION FOR APPROVAL OF METHODOLOGY FOR LAWN IRRIGATION RETURN FLOW CREDITS IN ADAMS AND WELD COUNTIES. 2. Description of Application: The Town obtained a decree in Case No. 04CW85 approving groundwater rights and a plan for augmentation involving Lochbuie Well Nos. 1 through 7 (“Wells 1-7”). That decree was amended and replaced in Case No. 10CW214 (the “Decree”). The Decree requires the Town to account for and replace its net out of priority depletions from well pumping, after deducting credit for Lochbuie’s municipal wastewater return flows and the Town’s lawn-irrigation return flows (“LIRFs”) that accrue to the Beebe Draw. The decree allows the Town to take LIRF credit only from that portion of the Town’s current and future service area that overlies the Beebe Draw alluvial aquifer as described in the Decree. The Decree limits the Town’s irrigation return flow credit to 15.5% of the amount of irrigation water deliveries

to its metered customers, consisting of 2% credit as immediate surface runoff and 13.5% credit as lagged groundwater return flows. The Town must provide notice and obtain approval from the Water Court before it may account for LIRF credits from that portion of its service area in the Beebe Draw basin that is outside of the previously mapped boundaries of the alluvial aquifer. The purpose of this application is to request court approval of the Town’s methodology for accounting for those LIRF credits as allowed by paragraph 19.C.i. of the Decree. The Town has reviewed and evaluated information, including observation of monitoring wells outside of the previously mapped alluvial boundary, and measured water levels in wells, which demonstrate a groundwater connection with the alluvium. The Town has also reviewed engineering information developed in other water court cases in the Beebe Draw, and recent groundwater modeling by others to evaluate the groundwater and return flow conditions near Lochbuie. The Town claims an irrigation return flow credit of 15.5% of Lochbuie’s irrigation water deliveries to its metered customers located outside of the alluvial aquifer boundaries described in the Decree. That is the same amount of credit decreed for Lochbuie’s customers located over the alluvial aquifer, and will be based on the same methodology approved in the Decree for return flows overlying the alluvial aquifer. The Town proposes to use monthly lagging percentages for the subject return flows based on the distance of those return flows from the Beebe Seep Canal. The Town does not seek to recapture or reuse those return flows, but only to use them as credit in its accounting to offset depletions caused by the Town’s alluvial well pumping. The Town’s current service area is located in portions of Sections 29, 30, 31, and 32, T1N, R65W, and Sections 25, 35, and 36, T1N, R66W in Weld County; and Section 6, T1S, R65W, and Section 1, T1S, R66W in Adams County, all in the 6th PM. The location of the Town’s service area and the alluvial aquifer boundary described in the Decree are depicted on the map attached as EXHIBIT A. 3. Name of structures and sources of irrigation return flows: The Town claims all LIRF credits from pumping Wells 1-7 pursuant to the Decree that result from irrigation by metered customers within the Town’s current and future service area within the Beebe Draw, located outside the boundaries of the alluvial aquifer as described in the Decree. For reference only, the water rights for Wells 1-7 and well locations are described in paragraph 4. The Town does not propose any changes to those water rights or any increased diversions from Wells 1-7 above the amounts authorized by the Decree. 4. Description of Wells 1-7 from the Decree: A) Date of original decree, case no. and court: i) The original decrees for Lochbuie Water Company Well Nos. 1, 2, 3A, 4 and 5 were entered on September 10, 1971 in Case No. W-848; on October 7, 1974 in Case No. W-4982; on December 4, 1975 in Case Nos. W-7827 and W-4981. A decree for conditional water rights for Lochbuie Water Company Well Nos. 1, 2, 4 and 5 was entered August 24, 1988 in Case No. 84CW02. Diligence decrees were entered by the District Court for Water Division No. 1 on February 13, 1996 in Case No. 94CW139, on December 16, 2002 in Case No. 2002CW039, on June 16, 2009 in Case No. 08CW280, and on October 4, 2016 in Case No. 15CW3072. ii) The original decree for Lochbuie Well Nos. 1 and 2 was entered on August 27, 2007 in Case No. 04CW85, and amended and replaced by decree in 10CW214 on April 23, 2014. A decree finding diligence and making a portion of the water rights absolute was entered on November 4, 2014 in Case No. 13CW3093. B) Legal Description of Wells: A map showing the location of the wells is attached as EXHIBIT A. i. Lochbuie Well No. 1 (Permit No. 63904-F, WDID 0209585), is located in the NE1/4 SE1/4, Section 36, T1N, R66W, 6th P.M., Weld County, Colorado, 2,485 feet from the South and 90 feet from the East section lines. ii. Lochbuie Well No. 2 (Permit No. 63903-F, WDID 0209586), is located in the SE1/4 NE1/4, Section 36, T1N, R66W, 6th P.M., Weld County, Colorado, 1,345 feet from the North and 475 feet from the East section lines. iii. Lochbuie Well No. 3, a/k/a Lochbuie Center Well No. 3A (Permit No. 03181-FR, WDID 0207009), is located in the SW1/4 SW1/4, Section 31, T1N, R65W, 6th P.M., in Weld County, Colorado, 850 feet from the South and 100 feet from the West section lines. iv. Lochbuie Well No. 4, a/k/a Lochbuie Water Company Well No. 4 (Permit No. 3033-F, WDID 0208645) is located in the SE1/4 NE1/4, Section 36, T1N, R66W, 6th P.M., Weld County, Colorado, 2,600 feet from the North and 1,200 feet from the East section lines. v. Lochbuie Well No. 5, a/k/a Lochbuie Water Company Well No. 5 (Permit No. R-0196, WDID unknown) is located in the NW1/4 NE1/4, Section 36, T1N, R66W, 6th P.M., Weld County, Colorado, 1,200 feet from the North and 1,500 feet from the East section lines.

vi.Town of Lochbuie Well No. 6, a/k/a Lochbuie Water Company Well No. 1, (Permit No. 6063-F-R, WDID 0207011), is located in the SW1/4 SE1/4, Section 36, T1N, R66W, 6th P.M., Weld County, Colorado, 1000 feet from the South and 1,500 feet from the East section lines. vii. Town of Lochbuie Well No. 7, a/k/a Lochbuie Water Company Well No. 2 (Permit No. R-11952-F, WDID 0207012), is located in the SW1/4 SE1/4, Section 36, T1N, R66W, 6th P.M., Weld County, Colorado, 900 feet from the South and 1,550 feet from the East section lines. C) Source: Groundwater for all structures. 5. Description of use of lawn irrigation return flows: The Town will quantify the amount of lawn irrigation return flows attributable to its tributary groundwater rights described in paragraph 4. The Town does not claim any right to recapture or reuse those return flows, but only to use them as credit to offset stream depletions from pumping Wells 1-7 under the Decree.6. Name and address of owner of land where structures are located or place where water will be used. No structures or modifications of structures are proposed to claim this return flow credit.

18CW3055 Westervelt Ecological Services, LLC (“Westervelt”), attn: Lucy Harrington, Director of Rocky Mountain Region, 7348 S Alton Way, Suite 9D, Centennial, CO 80112. All pleadings should be directed to: Karen L. Henderson, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302, (303) 443-6800. APPLICATION FOR A CONDITIONAL WATER RIGHT IN WELD COUNTY. 2. Overview: Westervelt seeks a conditional water right for irrigation purposes to support a mitigation bank near the confluence of the Big Thompson and the South Platte Rivers – a site that was identified following the 2013 flooding in the Middle South Platte River Restoration Master Plan. One of the goals of the project is to restore and protect the natural functions of the Big Thompson and South Platte confluence and its associated floodplains, wetlands, and special status species habitats. The project will involve relocating a small section of the Big Thompson to its approximate historical location and creating a high flow channel to provide flood-control benefits and to irrigate the project site. However, a water right is only sought for the irrigation component and not for the river restoration or flood control components. While year-round use of the water right is requested, Westervelt anticipates targeting spring runoff, other periods of high flows, or during the cool season growing period. 3. Description of the Conditional Water Right: 3.1. Name of Water Right & Structure: High Flow Channel. 3.2. Legal Description: The point of diversion for the High Flow Channel will be in either the NE1/4 of the SW1/4 or the SE1/4 of the SW1/4 of Section 34, Township 5 North, Range 66 West of the 6th P.M., Weld County, CO. Specifically, the point of diversion will be within 400 feet of the following UTM Coordinates: NAD 83, Zone 13, Easting: 519684 Northing: 4466828 (based on aerial imagery). See Exhibit A. Westervelt anticipates being able to provide a final and exact location for the point of diversion before entry of a final decree. 3.3. Sources of Supply: Big Thompson River, tributary to the South Platte River. 3.4. Appropriation Date: March 30, 2018, based on the date of filing this application. 3.5. Amount: 4.1 cfs, conditional. 3.6. Use: Irrigation. 3.7. Season of Use: Year-round (when water is physically and legally available). 3.8. Place of Irrigation Use: Approximately 15 acres in the NE1/4 of the SW1/4, NW1/4 of the SE1/4, and SE1/4 of the SW1/4 of Section 34, Township 5 North, Range 66 West of the 6th P.M., as more specifically shown on Exhibit A. 3.9. Remarks: This water right may be temporarily detained for up to 72 hours to allow more efficient or effective beneficial use of the water. 4. Name and address of the owner of the land on which the subject structure will be located: The High Flow Channel will be located on land owned by Joyce J. Allely, 17 Dos Rios, Greeley, CO 80634-9502. (4 pages + map).

18CW3056 SUBLETTE, INC., c/o Sheldon Skovgaard, P.O. Box 21, Orchard, CO 80649; RIVERSIDE IRRIGATION DISTRICT and RIVERSIDE RESERVOIR AND LAND COMPANY, c/o Mr. Don Chapman, 221 E. Kiowa Ave., Fort Morgan, CO 80701. Riverside Irrigation District and Riverside Reservoir and Land Company are jointly referred to as “Riverside.” Please direct all correspondence concerning this Application to: Stuart B. Corbridge, Esq. and Geoffrey M. Williamson, Esq., Vranesh and Raisch, LLP, 1720 14th St., Suite 200, Boulder, CO 80302; and Peter J. Ampe, Hill &

Robbins, P.C., 1660 Lincoln Street, Suite 2720, Denver, CO 80264. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN WELD COUNTY. 1.B. Sublette Owners The following entities currently own property and wells described in the decrees set forth in Paragraph 2, below, and have an interest in the water rights that are the subject of this application: Riverview Farms, 85 Morgan Co. Rd. X, Orchard, CO 80649 Telephone: 970-645-2247, The Town of Castle Rock, 175 Kellogg Court, Castle Rock, Colorado 80109 Telephone: 720-733-6001. 2. Prior Decrees The original decree for the conditional water rights described below was entered on April 30, 1996, in Case No. 89CW27, Water Court for Water Division 1. A decree was entered in Case No. 96CW1056 on November 20, 1997, changing the location and pump rate for Sublette Well No. 1. A decree was entered in Case No. 02CW81 on June 7, 2005, making certain of the conditional water rights from the 89CW27 decree absolute, and finding diligence and continuing the remaining conditional water rights. A decree was entered in Case No. 11CW101 on March 7, 2012, making the pumping rate decreed for Sublette Well No. 1 in Case No. 96CW1056 absolute, and finding diligence and continuing the remaining conditional water rights. 3. Names of Structures for Remaining Conditional Water Rights: A. Riverside Canal B. Riverside Reservoir C. Sublette Well Nos. 2 through 5 4. Description of Remaining Conditional Water Rights: A. Legal Description of Structures to Which Remaining Conditional Water Rights are Decreed: i. The Riverside Canal point of diversion is located on the north bank of the South Platte River in the SW1/4 SW1/4 of Section 20, T5N, R63W, 6th P.M., Weld County. ii. Riverside Reservoir is located in Sections 5, 7, and 8, T4N, R61W, 6th P.M., and Sections 12, 13, and 14, T4N, R62W, 6th P.M., all in Weld County. iii. Sublette Well Nos. 2 through 5 are decreed as follows, all in T4N, R61W, 6th P.M., Weld County: a. Sublette Well No. 2: SW1/4 NW1/4 of Section 14 b. Sublette Well No. 3: SW1/4 NE1/4 of Section 14 c. Sublette Well No. 4: NW1/4 SW1/4 of Section 11 d. Sublette Well No. 5: NW1/4 NW1/4 of Section 11 B. Source: Water in or tributary to the South Platte River. C. Appropriation Date and Amounts for Remaining Conditional Water Rights: The date of appropriation for all structures is March 11, 1985. The remaining conditional amounts are as follows: i. Riverside Canal - 5,004 acre-feet of the maximum annual diversion. ii. Riverside Reservoir - 1,792 acre-feet of storage. iii. Sublette Well Nos. 2 through 5 - 3.33 cfs (1,500 gpm) each. D. Remaining Conditional Uses: i. Water diverted at the Riverside Canal headgate and delivered through the Riverside Canal pursuant to the remaining conditional portion of the maximum annual diversion may be recharged and used in accordance with the decree in Case No. 89CW27. ii. Water diverted at the Riverside Canal headgate pursuant to the remaining conditional portion of the maximum annual diversion may be delivered through the Riverside Canal for storage in Riverside Reservoir, and then released for recharge and use in accordance with the decree in Case No. 89CW27. iii. Sublette Well Nos. 2 through 5 will be used in accordance with the decree in Case No. 89CW27, including use on and for up to 600 acres located in the E1/2 NW1/4, the W1/2 NE1/4, the W1/2 SE1/4, and the SW1/4 of Section 11, the NW1/4 and the N1/2 SW1/4 of Section 14, and all of Section 15, except the SE1/4 SE1/4 of said Section 15, all in T4N, R61W, 6th P.M, Weld County. Sublette Well No. 1 has been made absolute on 260 of these acres. 5. Amount Claimed Absolute: As of the filing of this diligence application Applicants have not completed and/or exercised the water rights from the 89CW27 decree so as to make absolute the remaining conditional rights or portions thereof as described in Paragraph 4 of this application. Applicants reserve the right to amend the application in this matter prior to entry of a decree to claim amounts as absolute, if justified by future activities. 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: A. The water rights decreed in Case No. 89CW27 are part of a joint recharge and water use project (“Sublette/Riverside Recharge Project”). The Sublette/Riverside Recharge Project has been operating since 1985, and water has been diverted, recharged, and used by Sublette Inc., Riverside, and the Sublette Owners in accordance with the 89CW27 decree on an annual basis. Those annual operations have not, however, resulted in the remaining conditional water rights or portions thereof being made absolute during the subject diligence period. Applicants are continuing to pursue the development of the water rights as decreed, and therefore seek a finding of diligence concerning the remaining conditional water rights as described in Paragraph 4. A

summary of work done by Sublette Inc., Riverside, and the Sublette Owners during the subject diligence period toward completion of the appropriations is described below. The Applicants reserve the right to identify during the pendency of the application additional work and expenditures done in the diligence period. B. Work done includes the following: i. Sublette Inc. and Riverside operated the Sublette/Riverside Recharge Project and diverted water for delivery to the project recharge structures. Recharge credits generated by these deliveries were used by Sublette Inc., Riverside, and the Sublette Owners, and will continue to be used, in accordance with the 89CW27 decree. ii. Sublette Inc., Riverside, and the Sublette Owners held annual operational meetings concerning the ongoing operation and maintenance requirements for the Sublette/Riverside Recharge Project, including review of well depletion and recharge amounts and the augmentation plan accounting related to the project, and review and setting of monetary assessments as required to operate the project each year. Project operations and maintenance duties include the development of work plans, daily operation of and accounting for the project, coordinating project water diversions and operations with Riverside, the Sublette Owners, and the Water Commissioner, reporting water diversions and recharge to the Division Engineer, and necessary maintenance of the conveyance structures, recharge facilities, and wells included in the Sublette/Riverside Recharge Project. iii. Since the filing of the last diligence application in Case No. 11CW101, physical improvements to the Sublette/Riverside Recharge Project and related structures were made. This work included, but was not limited to, general work related to the maintenance and operation of the Sublette/Riverside Recharge Project and the conveyance structures, recharge sites, and wells involved in the project, and other miscellaneous work and related items, including the purchase of materials to accomplish this work. The work (and associated expenses) included maintenance of Sublette Inc. property and recharge structures associated with the Sublette/Riverside Recharge Project as a result of severe flooding on the South Platte River in 2013. In addition, Sublette Inc. conducted annual weed removal and ditch and lateral preparation, and also did routine observation and maintenance of ditch and lateral turnout structures. Included in this work was reconstruction of a washed out embankment and the upgrade of measurement structures. Sublette Inc. also dedicated time (and associated expense) to development of the conditional rights of exchange decreed in Case No. 06CW279. These rights of exchange allow Sublette to deliver excess recharge credits from the Sublette/Riverside Recharge Project and other water into the project recharge structures so as to generate additional augmentation water for the 89CW27 augmentation plan, thus assisting in the development of the remaining conditional water rights. Sublette Inc. and Riverside have also filed statements of opposition in other South Platte River water court cases during the diligence period, in order to monitor possible injury to the water rights decreed in Case No. 89CW27. iv. During the diligence period physical improvements attributable to the Sublette/Riverside Recharge Project were also made within the Riverside system. These included, but are not limited to, maintenance work on the Riverside Canal, maintenance work on Riverside Reservoir, work on the reservoir spillway, work on Riverside diversion facilities, legal and engineering expenses, and related items. v. Expenditures by Sublette Inc. since the filing of the last diligence application in Case No. 11CW101 for the work listed above, including management costs and other operating expenses, were in excess of $50,000.00. Sublette Inc. also incurred additional expenditures for legal fees. Expenditures by Riverside for the work listed above totaled approximately $77,032.00 during the period from 2012 to 2018. Riverside also incurred additional expenditures for legal fees, costs, and other operating expenses. In addition, the Sublette Owners also incurred expenditures during the diligence period related to the maintenance and operation of the conveyance structures and wells included in the Sublette/Riverside Recharge Project, and legal expenses related to the project and its water rights. 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. A. Riverside owns or has pre-existing rights to use the land upon which both the Riverside Canal, including its headgate, and Riverside Reservoir are located. B. Sublette Inc. owns the land upon which Sublette Well Nos. 2, 4, and 5 are or would be located and used. C. Riverview Farms, c/o Mike Groves, at 85 Morgan Co. Road X, Orchard, CO 80649, owns the

land upon which Sublette Well No. 3 would be used. WHEREFORE, Applicants request a finding of reasonable diligence and continuation of the remaining conditional rights decreed in Case No. 89CW27 for another diligence period. **Per Order, Water Division 2 will publish resume**

18CW3057, Water Division 1 and Case No. 2018CW3026, Water Division 2, Phyllis Didleau and Jon A.P. Didleau, 8250 Forest Heights Circle, Colorado Springs, CO 80908, and Jon P. Didleaux, 7935 Forest Heights Circle, Colorado Springs, CO 80908 (Julianne M. Woldridge, MacDougall & Woldridge, P.C. 1586 So. 21st St., Suite 200, Colorado Springs, CO 80904 (719) 520-9288) APPLICATION FOR ADJUDICATION OF DENVER BASIN GROUND WATER AND FOR APPROVAL OF PLAN FOR AUGMENTATION IN EL PASO COIUNTY. 2. Application for Adjudication: Applicants seek to adjudicate the Denver Basin groundwater underlying their property described below (“Property”). Applicants plan to construct or operate up to three wells on the Property to provide service to single-family dwellings on the Property, based on an anticipated subdivision of the Property resulting in up to three lots. A. Property Location: Two adjacent lots totaling approximately 33.36 acres in section 9, T.12S., R.65W., 6th P.M., El Paso County, more particularly described on Exhibit A attached to the application on file with the Water Clerk, also known as 12725 Herring Road, Colorado Springs, CO 80908 (“Parcel 1”) (approximately 30.86 acres) and 7935 Forest Heights Circle, Colorado Springs, CO 80908 (“Parcel 2”) (approximately 2.5 acres), as shown on the map attached hereto as Exhibit B attached to the application on file with the Water Clerk. B. Wells: There is an existing well constructed into the not nontributary Dawson aquifer and located on Parcel 2, NW1/4SW1/4, Sec. 9, T.12S., R.65W., 6th P.M. with well permit # 293425 (“Didleau Well 1”). Upon entry of a decree in this matter this well will be repermitted consistent with the augmentation plan described herein. Applicants propose up to two additional wells on the Property at specific locations to be determined, also to be constructed into the Dawson aquifer. Applicants request the right to locate wells as required to withdraw its entitlement from the Dawson aquifer at any point on the Property and to permit additional wells without the necessity for republishing or petitioning the Court for reopening of any decree. Applicants request the right to produce the full legal entitlement through any combination of wells and that the wells be treated as a well field. C. Sources of water: Not nontributary Dawson aquifer, not nontributary Denver aquifer, nontributary Arapahoe aquifer, and nontributary Laramie-Fox Hills aquifer underlying the Property. D. Amounts: Applicants request the right to withdraw all groundwater determined to be available underlying the Property, at rates of flow necessary to withdraw the entire amounts available over a 300-year life of the aquifers as required by El Paso County. The actual pumping rates for each well will vary depending on aquifer characteristics and well capabilities. Said amounts may be withdrawn as set forth in C.R.S. § 37-90-137 (4). Applicants request the ability to withdraw an amount in excess of the average annual amounts decreed so long as the sum of the total withdrawals from all wells does not exceed the product of the number of years since the date of issuance of the original well permit or the date of entry of the decree, whichever is first, multiplied by the average annual volume of water Applicants are entitled to withdraw. Decreed amounts may vary based upon the State’s determination of facts. Pursuant to C.R.S. § 37-92-305 (11), Applicants request that the Court retain jurisdiction to finally determine the amount of water available for appropriation and withdrawal from each aquifer. Applicants estimate the amounts of water available for appropriation underlying the Property are: Dawson aquifer - 2,490 acre-feet total and 8.30 acre-feet per year average withdrawal (based on a 300-year aquifer life consistent with the augmentation plan); Denver aquifer - 2,123 acre-feet total and 21.23 acre-feet per year average withdrawal (based on a 100-year aquifer life; Arapahoe aquifer – 1,446 acre-feet total and 14.46 acre-feet per year average withdrawal (based on a 100-year aquifer life); and Laramie-Fox Hills aquifer - 954 acre-feet total and 9.54 acre-feet per year average withdrawal (based on a 100-year aquifer life). E. Proposed uses: All beneficial uses including without limitation domestic, commercial, irrigation, greenhouse, industrial, stock water, recreation, wildlife, fire protection, and augmentation uses. The nontributary water may be used, reused, and successively uses to extinction, on and off the Property, subject

to the requirement of C.R.S. § 37-90-137 (9)(b) that no more than 98% of the amount withdrawn annually shall be consumed. F. Name and address of owners of land upon which wells will be located: Applicants. 3. Request for approval of plan for augmentation: Applicants request approval of a plan for augmentation as described below. A. Structures to be augmented: Individual wells in the Dawson aquifer to be located on the Property, including Didleau Well 1 described above along with any replacement or additional wells. The number and location of the wells is described above. Well permit applications will be submitted. B. Water to be used for augmentation: water the rights to which are requested herein. C. Plan for augmentation: Applicants seek approval of a plan for augmentation that will allow pumping of up to 8.30 a.f.y. from all wells in the Dawson aquifer, with an anticipated maximum allocation of 2.77 a.f.y. per well assuming three wells, over a 300-year pumping period. Water will be used for the purposes stated above and such use shall be a combination of household use, irrigation of lawns and gardens, and the watering of horses or equivalent livestock. Maximum stream depletions over the 300-year pumping period for all wells in the Dawson aquifer is estimated to be 268.8 a.f. in year 300 with cumulative stream depletions of 334.7 a.f. after year 335. Should pumping be less, resulting depletions will be reduced accordingly. Depletions from the wells are expected to impact Cherry Creek and West Cherry Creek, tributaries to the South Platte River, and Monument Creek, a tributary of the Arkansas River. Pursuant to C.R.S. § 37-90-137 (9) (c.5), augmentation requirements for wells in the not nontributary Dawson aquifer require the replacement of actual stream depletions and wells in the not nontributary Denver aquifer, which is more than one mile from any point of contact from any natural stream require replacement of 4% of the amount withdrawn. Applicants propose to replace depletions during pumping with return flows from use of the not nontributary Dawson aquifer water through nonevaporative septic systems including leach fields on each of the subdivided lots with an estimated consumption rate of 10% of the amount used. Such return flows will accrue to the Monument Creek basin within the Arkansas River basin. Given the maximum pumping amount, return flows will equal or exceed the maximum total stream depletions for all wells during pumping. Applicants reserve the right to claim and demonstrate that the impact of post-pumping depletions are wholly de minimus and non-injurious and need not be replaced under law pursuant to C.R.S. § 37-90-137 (9). To the extent such post-pumping depletions are injurious and replacement is required, Applicants will reserve for such purpose sufficient nontributary water from the rights adjudicated herein and underlying the Property, maintaining the right to use any excess nontributary water for the purposes stated above. Such water is sufficient in quantity to fully replace all water withdrawn under this plan. Applicants reserve the right to replace such post-pumping depletions with any other acceptable source of augmentation water after judicial approval of such. 4. Miscellaneous: A. This application is being filed in Water Divisions 1 and 2 because depletions from the pumping of the Dawson wells may occur in both divisions. The return flows will accrue to Division 2 where the majority of the depletions will occur. Applicants request a finding that such replacement is sufficient under the proposed augmentation plan. Applicants will seek to consolidate the two cases in Division 2 where the Property is located. B. Lienors: None. C. Applicants request the right to make changes in the amounts of water claimed for appropriation and in the allowable amounts to be pumped annually under the augmentation plan, based on revisions to the information available. Applicant, therefore, requests adjudication of the water rights claimed and approval of the augmentation plan. (7 pages) 18CW3058 CHARLES R. HODGE AND SARAH S. HODGE, 2459 Valley Park Blvd., Larkspur, CO 80118 (Please send all correspondence and pleadings in care of Ryan W. Farr and Brian G. Sheldon, Monson, Cummins & Shohet, LLC, 13511 Northgate Estates Drive, Ste. 250, Colorado Springs, CO 80921 (719) 471-1212). Application for Adjudication of Denver Basin Groundwater and for Approval of Plan for Augmentation in DOUGLAS COUNTY. Applicants seek to utilize up to one well on an approximately 5-acre tract of land to provide water service to a single family dwelling thereon consisting of many uses including domestic uses, landscape and garden irrigation, greenhouse irrigation, stock watering, and equipment and structure washing. Applicants seek to quantify the Denver Basin groundwater underlying

the Applicants’ Property, and for approval of a plan for augmentation. Location of Property and Well. Property Description. Applicants’ property is located in the NW1/4 of the NE1/4 of Section 7, Township 10 South, Range 67 West of the 6th P.M., Douglas County, Colorado, specifically described as Lot 5, Block 3 of the Valley Park 1 Replat which contains approximately 5.0 acres, more or less (“’Applicants’ Property”). See attached Exhibit A for a general location map. Existing Well. There is currently a permitted well constructed to the Dawson aquifer located in the NW1/4 of the NE1/4 of Section 7, Township 10 South, Range 67 West of the 6th P.M., approximately 900 feet from the north section line and 2,300 feet from the east section line, Douglas County, Colorado, permitted under Division of Water Resources Permit No. 271356 (“Hodge Well No. 1”). Upon entry of a decree in this matter, Hodge Well No. 1 will be repermitted consistent with the terms and conditions of the plan for augmentation requested herein. Water Source. Not-Nontributary. The ground water to be withdrawn from the Dawson aquifer of the Denver Basin underlying Applicants’ Property is not-nontributary. Pursuant to § 37-90-137(9)(c.5), C.R.S., the augmentation requirements for wells in the Dawson aquifer will require the replacement of actual stream depletions. Nontributary. The groundwater that will be withdrawn from the Denver, Arapahoe, and Laramie-Fox Hills aquifers of the Denver Basin underlying the Applicants’ Property is nontributary. Estimated Rates of Withdrawal and Ground Water Available. Estimated Rates of Withdrawal. Pumping from any well on Applicants’ Property will not exceed 100 g.p.m. The actual pumping rate for any well will vary according to aquifer conditions and well production capabilities. Applicants request the right to withdraw ground water at rates of flow necessary to withdraw the entire decreed amounts. The actual depth of each well to be constructed within the respective aquifers will be determined by topography and actual aquifer conditions. Estimated Average Annual Amounts of Ground Water Available. Applicants request a vested right for the withdrawal of all legally available ground water in the Denver Basin aquifers underlying the Applicants’ Property. Applicants’ estimate that the following values and average annual amounts are representative of the Denver Basin aquifers underlying Applicants’ Property:

Decreed amounts may vary based upon the State’s Determination of Facts. Pursuant to § 37-92-305(11), C.R.S., the Applicants further request that the Court retain jurisdiction to finally determine the amount of water available for appropriation and withdrawal from each aquifer. Requested Uses. The Applicants request the right to use the ground water for beneficial uses upon the Applicants’ Property consisting of domestic, commercial, indoor and outdoor irrigation, stock watering, recreation, wildlife, wetlands, fire protection, equipment and structure washing, and also for storage and augmentation purposes associated with such uses. Applicants also request that the nontributary water may be used, reused, and successively used to extinction, both on and off the Applicants’ Property subject, however, to the requirement of § 37-90-137(9)(b), C.R.S., that no more than 98% of the amount withdrawn annually shall be consumed. Applicants may use such water by immediate application or by storage and subsequent application to the beneficial uses and purposes stated herein. Provided, however, Applicants shall only be entitled to construct

Groundwater Quantification

Elevation 6840 Acres 5.0 NW ¼ NE ¼ Sec 7 T10S R67W

Denver Basin Aquifer

Elevation (ft amsl)

Net Sand Depth (feet) Total

100 Year

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

Dawson (NNT) 6394 6813 210 455 27 210 2.10 Denver (NT) 5748 6344 225 1092 496 191 1.91

Arapahoe (NT) 5288 5674 206 1552 1166 175 1.75

Laramie Fox Hills (NT) 4554

4804 180 2286

2036 135 1.35

a well or use water from the not-nontributary Dawson aquifer pursuant to a decreed augmentation plan entered by this Court, covering the out-of-priority stream depletions caused by the use of such not-nontributary aquifers in accordance with § 37-90-137(9)(c.5), C.R.S. Well Fields. Applicants request that he be permitted to produce the full legal entitlement from the Denver Basin aquifers underlying Applicants’ Property through any combination of wells, should additional wells be approved in the future. Applicants request that these wells be treated as a well field. Averaging of Withdrawals. Applicants request that they be entitled to withdraw an amount of ground water in excess of the average annual amount decreed to the aquifers beneath the Applicants’ Property, so long as the sum of the total withdrawals from the aquifers does not exceed the product of the number of years since the date of issuance of the original well permit or the date of entry of a decree herein, whichever comes first, multiplied by the average annual volume of water which Applicants are entitled to withdraw from the aquifers underlying the Applicants’ Property. Name and Address of Owner of Land Upon Which Wells are to Be Located. The land upon which the wells are and will be located is owned by the Applicants. Structure to be Augmented. The structure to be augmented is Hodge Well No. 1 as is currently constructed to the not-nontributary Dawson aquifer along with and replacement well that may subsequently be constructed. Water Rights to be Used for Augmentation. The water rights to be used for augmentation during pumping are the return flows resulting from the pumping of the not-nontributary Dawson aquifer from Hodge Well No. 1 together with water rights from the nontributary Denver aquifer for any injurious post pumping depletions. Statement of Plan for Augmentation. Applicants wish to provide for the augmentation of stream depletions caused by pumping of the not-nontributary Dawson aquifer proposed herein. Water use criteria and their consumptive use component for replacement of actual depletions for the lot is estimated as follows: Use. The well will pump a maximum of 1.0 acre feet of water per year from the Dawson aquifer. Such use shall be a combination of household use, irrigation of lawn and garden, greenhouse irrigation, equipment and structure washing, and the watering of horses, chickens, or equivalent livestock. The quantified amount planned for each use is 0.25 acre-feet per year in home use, 0.05 acre-feet per year for up to four domestic animals, 0.4 acre-feet per year for outside watering of lawn and gardens, and 0.3 acre-feet per year to be held in reserve for additional unspecified uses. Wastewater will be treated via the existing non-evaporative septic system. All water will be used on the overlying land. Depletions. It is estimated that maximum stream depletions over a 200 year pumping period for the Dawson aquifer amounts to approximately 29% percent of pumping. Maximum annual depletions for total residential pumping from all wells is therefore 0.29 acre feet in year 200. Should Applicants’ pumping be less than the 1.0 acre-foot described herein, resulting depletions will be correspondingly reduced thereby maintaining proper replacement by non-evaporative septic return flows from household use. Augmentation of Depletions During Pumping. Pursuant to § 37-90-137(9)(c.5), C.R.S., Applicants are required to replace actual stream depletions attributable to pumping of augmented wells to the Dawson aquifer. Depletions during pumping will be effectively replaced by residential return flows from non-evaporative septic systems. The annual consumptive use for non-evaporative septic systems is 10% per year per residence. At a household use rate of 0.25 acre feet per residence per year, 0.225 acre feet is replaced to the stream system per year as the house utilizes a non-evaporative septic system. With 10,000 square feet of lawn and garden using 0.05 acre-feet per 1000 square feet, the amount of water applied per year would be 0.4 acre-feet. With 85% consumed, 15% return flow would be 0.06 of return. Adding this to the in-home return flow totals 0.31 acre-feet of return flow. Thus, during pumping for 200 years at a rate of 1 acre-foot per year, stream depletions will be adequately augmented. Augmentation for Post Pumping Depletions. For the replacement of any injurious post pumping depletions which may be associated with the use of the Hodge Well No. 1, Applicants will utilize non-evaporative septic return flows and irrigation return flows from the subsequent usage of the Denver aquifer and Arapahoe aquifer. Additionally, Applicants may utilize water from the Laramie-Fox Hills aquifer as a replacement source if needed. Applicants also reserve the right to substitute other legally available augmentation sources for such post pumping depletions upon further approval of the Court under its retained jurisdiction. Applicants reserve the right in the future under the Court’s retained

jurisdiction to prove that post pumping depletions will be noninjurious. Upon entry of a decree in this case, Applicants will be entitled to apply for and receive a new well permit for Hodge Well No. 1 for the uses in accordance with this Application and otherwise in compliance with § 37-90-137, C.R.S. Applicants request a finding that they have complied with § 37-90-137(4), C.R.S., and that the ground water requested herein is legally available for withdrawal by the requested not-nontributary Dawson aquifer well upon the entry of a decree approving an augmentation plan pursuant to § 37-90-137(9)(c.5), C.R.S. The term of this augmentation plan is for 200 years, however the length of the plan for a particular well may be extended beyond such time provided the total plan pumping allocated thereto is not exceeded. Post pumping stream depletions accrue to a particular well or wells only to the extent related to that well’s actual pumping. The Court will retain jurisdiction over this matter to provide for the adjustment of the annual amount of ground water withdrawals to be allowed in order to conform to actual local aquifer characteristics from adequate information obtained from well drilling or test holes. Pursuant to § 37-90-137, C.R.S. upon approval of the plan for augmentation requested herein, Applicants will file an application with the State Engineer’s office to re-permit the existing Hodge Well No. 1 on Applicants’ Property for operation under the plan for augmentation. Applicants request a finding that vested water rights of others will not be materially injured by the withdrawals of ground water and the proposed plan for augmentation. All wells shall be installed and metered as reasonably required by the State Engineer. Any well must be equipped with a totalizing flow meter and Applicants shall submit diversion records to the Division Engineer on an annual basis or as otherwise requested by the Division Engineer. Applicants shall also provide accountings to the Division Engineer and Water Commissioner as required by them to demonstrate compliance under this plan of augmentation. Applicants intend to waive the 600-foot well spacing requirement for any wells to be located upon the Applicants’ Property. Applicants will comply with any lienholder notice provisions set forth in § 37-92-302(2)(b), C.R.S. and § 37-90-137(4)(b.5)(I), C.R.S. and such notice will be sent within 14 days of the filing of this application. (8 Pages of Application) 18CW3059, (2003CW279) Medicine Flower Farm, LLC, c/o Jennifer L. Johnson, Manager, 8517 S. Deer Creek Cyon Road, Littleton, Colorado 80127. (c/o David C. Lindholm, Esq., P. O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR AMENDMENT OF DECREE APPROVING UNDERGROUND WATER RIGHTS, A PLAN FOR AUGMENTATION AND EXCHANGE RIGHT. IN JEFFERSON COUNTY. 2. Description of Decree for which Amendment is being Requested: A. Date Decree Entered: May 25, 2006. B. Case No. 2003CW279. C. District Court for Water Division 1. D. The Decree entered in Case No. 2003CW279 (“existing augmentation plan”), approved a plan for augmentation for residential developments to be located on two non contiguous tracts of land. One of the tracts, consisting of approximately 65 acres is located in the E1/2 NW1/4 of Section 3, Township 6 South, Range 70 West, 6th P.M., Jefferson County ("Mica Ridge property"). The Mica Ridge property straddles the South Turkey Creek and Deer Creek drainage basins. The other tract, consisting of approximately 35 acres, is located in the W1/2 SE1/4 and the E1/2 SW1/4 of Section 34, Township 6 South, Range 70 West, 6th P.M., Jefferson County ("Kuehster property"). The Kuehster property is located entirely in the Deer Creek drainage basin. The source of augmentation and replacement water is Mountain Mutual Reservoir Company (“MMRC”), shares, representing direct flow water rights decreed to the Warrior Ditch and the Harriman Ditch, and storage water released from the Soda Lakes Reservoir Nos. 1 and 2, and Meadowview Reservoir. Reference is made to the Decree entered in Case No. 2003CW279 for a more detailed description of the existing augmentation plan. 3. Proposed Amendment to the Decree. The purpose of the amendment being requested is to modify the geographic area covered by the existing augmentation plan, and reduce the depletions and the volume of augmentation and replacement water committed to the plan to cover such depletions. The existing augmentation plan contemplated the construction of up to ten wells serving nine single-family homes, an apartment and a stable, the irrigation of up to 1,500 square feet of landscaping and the watering of up to twenty-four horses. The decision has been made to remove the Kuehster property from the existing augmentation plan. In addition, the portion of the Mica Ridge property

covered by the plan will be limited to the portion of the property that is located in the South Turkey Creek drainage basin. The portion of the Mica Ridge property located in the Deer Creek drainage basin is now covered by the Decree approved in Case No. 2016CW3168. Development of the Mica Ridge property covered by the Amended Decree in this matter will consist of a total of two single-family homes, one accessory dwelling unit, the irrigation of 500 square feet of lawn grass, or equivalent gardens, and the watering of four horses or equivalent domestic animals. The volume of water required to serve the development will be reduced to 0.78 of an acre foot per year from 3.5 acre feet per year contemplated in the existing augmentation plan. The volume of MMRC augmentation water required to replace depletions will be reduced to 0.128 of an acre foot per year from 0.604 acre feet per year. Applicant, Medicine Flower Farm, LLC, requests that an amended Decree be entered by the Court that reflects this change in the plan for development and reduction in water usage, and which (1) Reduces the number of MMRC shares committed to the augmentation plan to 4.1 shares; (2) Confirms that 15.2 MMRC shares, representing 0.476 of an acre foot of augmentation and replacement water, are no longer encumbered by the existing augmentation plan and are no longer tied to the property covered by the plan; and (3) Clarifies that 15.2 MMRC shares, and the water evidenced thereby, can be used in other augmentation plans and/or for other purposes. The version of Amended Decree the Court will be asked to approve is attached as an Exhibit to this Application. Reference is made to the Amended Decree for a more detailed description of the changes being requested. WHEREFORE, the Applicant, Medicine Flower Farm, LLC, requests that the existing plan for augmentation be amended as set forth herein (4 pages and 1 exhibit).

18CW3060, Town of Georgetown, Colorado (“Georgetown”), c/o Kent Brown, Town Administrator, P.O. Box 426, Georgetown, CO 80444, (303) 569-2555. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE PARTIALLY ABSOLUTE A CONDITIONAL WATER RIGHT, IN CLEAR CREEK AND JEFFERSON COUNTIES. Direct communications regarding this application should be directed to counsel for the applicant, Cynthia F. Covell and Andrea L. Benson, Alperstein & Covell P.C., 1600 Broadway, Suite 1070, Denver, CO 80202. Name of structure: Town of Georgetown Farmers High Line Exchange. Description of conditional water right: A. Date of original decree: March 16, 2012; Case No. 98CW439 (“Original Decree”), Water Court, Water Division No. 1. Subsequent decrees awarding diligence: This is the first diligence proceeding. Decreed Location of Exchange Reach: The decreed downstream termini of the exchange reach are (1) the Coors augmentation station which discharges to Clear Creek approximately 650 feet downstream of the north abutment of the Clear Creek headgate of the Farmers High Line Canal, which is located on the north bank of Clear Creek in the N1/2 SW1/4, Section 27, T3S, R70W of the 6th P.M. in Jefferson County, Colorado, at a point located approximately 860 feet south, 7º30' east from the northeast corner of the W1/2 of said Section 27; and (2) the Lewis Gulch Augmentation Station, which discharges to Clear Creek approximately 240 feet upstream of the center point of the Croke Canal and Rocky Mountain Ditch diversion dam, located in the NE1/4 NE1/4 NW1/4, Section 26, Township 3 South, Range 70 West of the 6th P.M. in Jefferson County, Colorado. The upstream terminus is the Georgetown Municipal Intake, located on South Clear Creek in Section 17, T4S, R74W of the 6th P.M., Clear Creek County, Colorado, 1,800 feet from the east Section line and 1,400 feet from the south Section of said Section 17. The locations of the upstream terminus and downstream termini of the exchange are shown on Figures 1 and 2 filed with the application. Source of water: Clear Creek, tributary to the South Platte River. Appropriation date: December 21, 1998. Amount 1.0 cfs, conditional, with a maximum annual amount of 67 acre-feet. Use: municipal (including but not limited to domestic, commercial, industrial, power, milling, fire protection, dust suppression, recreation, and irrigation of lawns, gardens and municipal parks, gardens, and open space), augmentation, replacement and exchange purposes as provided in the Original Decree, and storage for later release for all of the foregoing purposes, within the Georgetown service area, as it now exists or as it may be changed in the future, within Sections 19, 20, 29 and 30, T3S, R73W; Sections 23-29 and 32-36, T3S, and Sections 4 - 19 T4S, all in R74W; and Sections 13, 14, 23 and 24, T4S, R75W of the 6th P.M. in Clear Creek County, Colorado.

Detailed outline of what has been done toward completion or for completion of the appropriation: Georgetown owns and operates an integrated water supply system, with infrastructure currently consisting of the Georgetown Intake, Georgetown Lake, the wastewater treatment plant well, water rights, water mains, lines and distribution systems, treatment plants and related infrastructure, which provides water for municipal uses to Georgetown’s customers. The Farmers High Line Exchange is part of Georgetown’s integrated water supply system. Pursuant to C.R.S. ' 37-92-301(4)(b), when an integrated system is composed of several features, as is the case here, work on one feature of the system is considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire system. During this diligence period, Georgetown has expended in excess of $2,000,000 on its integrated water supply system, of which this conditional water right is a part. The following work and expenditures demonstrate the steady application of effort to complete the appropriation of the Georgetown Farmers High Line Exchange in a reasonably expedient and efficient manner under all the facts and circumstances: A. Georgetown finalized a license agreement with the City of Westminster, dated August 20, 2012, pursuant to which it may use excess capacity of a Westminster augmentation station in order to provide return flows to Ralston Creek from Georgetown’s changed Farmers High Line shares, when required to do so by the terms of the Original Decree. During this diligence period, Georgetown has made the required annual license payments to Westminster pursuant to the license agreement. B. Georgetown is also party to an agreement dated February 2, 2012, with Molson Coors Brewing Company with respect to use of the Coors augmentation station to measure and return water from Georgetown’s Farmers High Line Shares to Clear Creek in accordance with the Original Decree. During this diligence period, Georgetown has made the required annual payments to Molson Coors Brewing Company as required by the augmentation station agreement. C. The Original Decree authorizes storage of Georgetown’s exchanged Farmers High Line shares in Georgetown Lake. Final Orders entered in Case No. 2008CW266 on October 28, 2010, required Georgetown and the City of Black Hawk (“Black Hawk”) to develop additional outlet capacity for Georgetown Lake by April 30, 2015 in order to use the lake for storage and augmentation. The Final Orders also included requirements for operation of Georgetown Lake pending development of such additional outlet capacity. In furtherance of the Final Orders, Georgetown and Black Hawk entered into a Memorandum of Understanding for the Design and Construction of the Georgetown Lake Dam Outlet Works, dated December 12, 2012 (“MOU”), and an Intergovernmental Agreement dated January 8, 2014, regarding the operation and maintenance of Georgetown Lake. In accordance with the MOU, Georgetown constructed the additional outlet capacity at Georgetown Lake Dam. Construction and testing of the additional capacity were completed during this diligence period and the outlet meets the requirements of the Original Decree and the Final Orders. During this diligence period, Georgetown expended in excess of $1,023,000 in the design, construction, and testing of the expanded outlet capacity. During all water years since the date of the Original Decree, Georgetown has operated the Farmers High Line Exchange in accordance with the terms of the Original Decree, and has accounted for and reported operation of the exchange as required by the Original Decree. The maximum rate and volume of water exchanged occurred in Water Year 2013. In that water year, the total volume exchanged was 49.56 acre-feet at a maximum rate of 0.96 cfs. On January 24, 2013, Georgetown obtained a decree in Case No. 99CW12 (consolidated with Case No. 2007CW324), Water Division No. 1, which adjudicated storage rights for Georgetown Lake to be used for a variety of municipal purposes, augmentation and exchange, which rights are used together with the augmentation plan and Farmers High Line Exchange decreed in the Original Decree to provide a legal, reliable water supply to Georgetown’s water customers, as part of Georgetown’s integrated water supply system. During this diligence period, Georgetown has continued to improve, operate and maintain its integrated water supply system, of which this conditional exchange is a part. To enable Georgetown to more effectively provide water service to its existing and future customers, Georgetown has spent in excess of $1,106,000 in the construction, repair and improvement of its water system infrastructure and related infrastructure and projects that are part of the efficiency, operation and maintenance of its integrated water supply system. These efforts have allowed Georgetown to continue to provide reliable water service to its

customers. Georgetown has defended its water rights, including this conditional water exchange, against applications filed by others in cases in which Georgetown has determined that injury to its water rights could occur in the absence of appropriate protective terms and conditions. During this diligence period, Georgetown has expended approximately $48,850 in water counsel attorney fees, in opposition to water court applications filed by others, in order to protect and defend its water rights. Claim to Make Absolute a Portion of the Conditional Water Right. Date water applied to beneficial use: April 29, 2013 – September 11, 2013. Amount: 49.56 acre-feet at the maximum rate of 0.96 cfs. Supporting evidence that applicant diverted water in priority to the beneficial uses: Georgetown’s accounting for water year 2013 is filed with the application, and shows its exchange operations. During the times the exchange operated, there was no call from a senior water right preventing the exchange. CDSS Administrative Call Records are filed with the application. Description of place of use where water is applied to beneficial use: The water right sought to be made absolute is a conditional exchange. The water exchanged pursuant to the Farmers High Line Exchange was stored in Georgetown Lake for later augmentation or municipal use, or was exchanged to the Georgetown Municipal Intake, as provided in the Original Decree. Names and addresses of owners of the land upon which any new diversion structure or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored. No new diversion structure or storage structure, or modification to any existing diversion or storage structure is or will be constructed in order to operate the conditional exchange for which diligence and absolute decrees are sought in the application. Water exchanged pursuant to the Georgetown Farmers High Line Exchange may be stored in Georgetown Lake, which is owned by Applicant Town of Georgetown.

AMENDMENTS

17CW3034 (06CW153, 94CW291, 87CW303) 1. Lookout Mountain Water District, Christina Shea, 25958 Genesee Trail Road #514, Golden, CO 80401, (303) 526-4266, c/o Peter J. Ampe and Matthew A. Montgomery, Hill & Robbins, P.C., 1660 Lincoln St., Suite 2720, Denver, CO 80264, (303) 296-8100. Amended Application for Finding of Reasonable Diligence and to Make Absolute in Part in CLEAR CREEK AND JEFFERSON COUNTIES. 2. Name of structure: A. Confluence of Beaver Brook and Clear Creek: located at a point in the NW/4 of Section 3, Township 4 South, Range 71 West of the 6th P.M. in Jefferson County, Colorado. B. The Beaver Brook Reservoir: located on the south fork or branch of Beaver Brook in the NW/4 NE/4, Section 14, Township 4 South, Range 72 West, 6th P.M. in Clear Creek County. C. The Upper Beaver Brook Reservoir: located on the south fork or branch of Beaver Brook in the SW/4 SE/4, Section 15, and the N/2, Section 22, Township 4 South, Range 72 West, 6th P.M. in Clear Creek County. D. The Beaver Brook Pipeline: located in the NW/4 NE/4, Section 14, Township 4 South, Range 72 West, 6th P.M. in Clear Creek County. The headgate thereof is located at a point on the south bank of North Beaver Brook whence the northeast corner of the said Section 14 bears north 86°15' east a distance of 2,190 feet. The total length of the pipeline is approximately 700 feet and is used to convey water diverted from North Beaver Brook to the Beaver Brook Reservoir. E. The Golden Pipeline No. 1: is approximately ten (10) miles in length, having its upper terminus located at the outlet of the Beaver Brook Reservoir and its lower terminus at the inlet of Lookout Mountain Reservoir (a/k/a Beaver Brook Reservoir No. 3) located on Lookout Mountain in the NE/4SE/4, Section 5, Township 4 South, Range 70 West, 6th P.M. in Jefferson County. 3. Describe conditional water right (as to each structure) giving the following from the Referee’s Ruling and Judgment and Decree: A. Date of Original Decree: October 1, 1992; Case No. 87CW303; Court: Water Division 1. B. Legal description: The Farmers’ High Line Canal headgate on Clear Creek is located on the north bank thereof in the N/2 SW/4, Section 27, Township 3 South, Range 70 West of the 6th P.M., Jefferson County Colorado, at a point located approximately 860 feet south 7°30' east from the northeast corner of the W/2 of said Section 27. Lookout Mountain Reservoir

is located on Lookout Mountain in the NE/4 SE/4, Section 5, Township 4 South, Range 70 West, 6th P.M., Jefferson County, Colorado. C. Source: water divertible from Clear Creek or its tributaries by exchange of water available to applicant from its six (6) Farmers’ High Line Canal shares pursuant to the decree in Case No. 94CW291 and/or water released from Lookout Mountain Reservoir (a/k/a Beaver Brook Reservoir No.3, a/k/a Golden Reservoir No. D. Appropriation date and amounts: For the exchange from the Farmers’ High Line Canal: 2 c.f.s. on an average flow basis; up to a maximum rate of exchange of 4 c.f.s. on an instantaneous flow basis; provided that the annual quantity of water exchanged shall not exceed 174 acre-feet with an appropriation date of August 30, 1982. For the exchange from Lookout Mountain Reservoir: 2 c.f.s. maximum instantaneous rate of exchange; provided that the annual quantity of water exchanged shall not exceed 101.1 acre-feet under an appropriation date of August 30, 1982. E. Use: All municipal purposes, including storage and subsequent application to beneficial use, augmentation and replacement of depletions, domestic, industrial, commercial, irrigation, recreation, and fish and wildlife uses. F. Amount made absolute: The Water Court found in Case No. 06CW153 that 20.5 acre-feet of the 174 acre-feet conditional exchange from Farmers’ High Line Canal to Upper Beaver Brook Reservoir and 1 c.f.s. of the 2 c.f.s. rates of flow for said conditional exchange were made absolute. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: During the diligence period, Applicant has expended over $ 6.1 million to operate, maintain, and repair the Lookout Mountain Water District water system and for capital expenditures for maintenance, repair, and improvement of the diversion and storage facilities utilized in connection with the subject conditional water rights. 5. Claim to make absolute: A. Farmers’ High Line Canal exchange: In Water Year 2017, Applicant made an additional 91.5 acre-feet of the Farmers’ High Line Canal exchange absolute by exchanging a total of 112.0 acre-feet of water in that year. The maximum rate of the exchange during the diligence period was 1.36 cfs (an additional 0.36 cfs of exchange above the already absolute amount) which occurred in Water Year 2017. B. Lookout Mountain exchange: In Water Year 2017, Applicant made 72.0 acre-feet of the Lookout Mountain exchange absolute by exchanging 72.0 acre-feet of water. The maximum rate of exchange during the diligence period was 1.33 cfs, which occurred in Water Year 2013. 6. Names(s) and address(es) of owner(s) of the land on which structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: All of the above structures are owned by or within the boundaries of the Lookout Mountain Water District.

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 MAY 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.