1

DISTRICT COURT, WATER DIVISION 1, COLORADO APRIL 2019 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 APRIL 2019 for each County affected.

19CW14 ROSALIND MEYER, 7711 S. Monaco Circle E, Centennial, CO 80112. 303-884-7607. APPLICATION FOR CHANGE OF WATER RIGHT IN PARK COUNTY. Applicant’s decree states that the well may only operate pursuant the Indian Mountain water augmentation plan decreed in W-7389. Applicant seeks to change this provision to indicate that the well may operate pursuant to a water augmentation plan approved by the Colo. Div. of Water Resources and applicable to subject well. The subject well is now enrolled in the HASP plan, 02CW389 and 12CW50. 19CW15 CONNIE KRANNING, 680 Madrid Ct., Elizabeth, CO 80107. 303-877-1101. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS IN ELBERT COUNTY. Applicant seeks to adjudicate the well and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a 2.607 acre tract of land lying in the NW1/4 NE1/4, S10, T7S, R65W of the 6th PM, including the Dawson, Denver, Arapahoe and Laramie Fox Hills aquifers. 19CW3062 South Weld Holdings, LLC (“South Weld Holdings” or the “Applicant”), c/o Josh Shipman. 8301 East Prentice Ave., #100, Greenwood Village, Colorado 80111, (303) 775-1005. Please send all pleadings and correspondence to: Tod J. Smith, Esq., LAW OFFICE OF TOD J. SMITH, LLC, 2919 Valmont Road, Suite 205, Boulder, Colorado 80301, tod@tjs-law.com (Attorney for Applicant). CONCERNING THE APPLICATION FOR CONDITIONAL STORAGE RIGHT AND CONDITIONAL RIGHT OF EXCHANGE, IN ADAMS, DENVER AND WELD COUNTIES. 2. Description of Conditional Water Storage Right. 2.1. Name of Structure: Highlands Reservoir. Highlands Reservoir will be a lined off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., in Weld County, Colorado. A map showing the location of Highlands Reservoir is attached as Exhibit 1. Water will be diverted from the South Platte River at the diversion facilities described below in paragraph 2.2. After water is diverted from the South Platte River it will be delivered to the Highlands Reservoir through the delivery canals in the Farmers Reservoir and Irrigation Company’s (“FRICO”) Barr Lake system. The Applicant may use FRICO’s delivery canals pursuant to contracts and/or agreements between United Water and Sanitation District (“United”) and FRICO, the capacity in which United can assign to South Weld Holdings. South Weld Holdings also claims diversion points in the Beebe Seep Canal as described below, the rights for which can be assigned by United. TRS Equities, LLC, Highlands Equities, LLC, Weld Kil 270 LCC, and the Damiano Family Trust hold legal title to the land on which the Highlands Reservoir will be located as nominees of the Applicant who holds beneficial title to the land. The nominee landowners assigned the beneficial interests in the land to the Applicant after filing of the application in Case No. 16CW3053. United will construct Highlands Reservoir in conjunction with the Weld Adams Water Development Authority (“WAWDA”), an authority in which United is a member. The Reservoir will be constructed for multiple uses, and the Applicant will use the Reservoir to store the water claimed in this application for direct use and the augmentation of wells in the Beebe Draw for use in and development of lands owned by the Applicant in the Beebe Draw (“Highlands Property”). 2.2. Location of Diversion Facilities. 2.2.1. United Diversion Facility No. 3. The headgate is on the east bank of the South Platte River in the SW1/4 of Section 26, Township 1 South, Range 67 West of the 6th P.M., in Adams County, Colorado. This Diversion Facility delivers water to the United No. 3 Reservoir, from which water is delivered through the Beebe Pipeline to the Burlington/O’Brien Canal immediately above Barr Lake. From Barr Lake the water will be delivered through FRICO delivery canals in the Beebe Draw to Highlands Reservoir. 2.2.2. Burlington Ditch (also known as Burlington/O’Brien Canal). The headgate, pursuant to the decreed changed point of diversion in Case No. 02CW403, is on the east bank of the South Platte River in the NE1/4

2

of the SW1/4 of Section 14, Township 3 South, Range 68 West of the 6th P.M. in the City and County of Denver, Colorado. The headgate is located at approximately latitude 039° 47’ 24.69” N, longitude 104° 58’ 9.97” W. The UTM coordinates are approximately NAD 1983 UTM Zone 13S 502616.89 mE 4404471.42 mN. The right to use the Burlington Ditch can be assigned by United to the Applicant. 2.2.3. Beebe Seep Canal. Point(s) of diversion from the Beebe Seep Canal for delivery of water to storage in Highlands Reservoir may be located at one, two or all of the following locations, all of which will divert surface water only: 2.2.3.1. Highlands Diversion No. 1: In the SW1/4 of the SE1/4, or the NW1/4 of the SE1/4, or the NE1/4 of the SE1/4 of Section 30, Township 1 North, Range 65 West of the 6th P.M., in Weld County, Colorado. A diversion facility on land owned by Public Service Company of Colorado will only be constructed and used by United pursuant to an agreement with the land owner. 2.2.3.2. Highlands Diversion No. 2: In the SE1/4 of NE1/4 of Section 30, Township 1 North, Range 65 West of the 6th P.M. in Weld County, Colorado. 2.2.3.3. Highlands Diversion No. 3: In the SW1/4 of the NW1/4 or the NW1/4 of the NW1/4 of Section 29, Township 1 North, Range 65 West of the 6th P.M. in Weld County, Colorado. 2.2.3.4. Highlands Diversion No. 4: In the NE1/4 of the NW1/4 of Section 6, Township 1 South, Range 65 West of the 6th P.M. in Adams County, Colorado. 2.2.3.5. Final locations of diversion points from the Beebe Seep Canal will be consistent with applicable provisions of the stipulation between Town of Lochbuie and Applicants in Case Nos. 02CW404 and 10CW306. 2.3. Source. South Platte River and water accruing to the Beebe Seep Canal throughout the length of the Canal from Barr Lake to the point(s) of diversion. 2.4. Amount and Rate Claimed. 2,000 acre-feet conditional, with one refill in the amount of 2,000 acre-feet per year conditional. The maximum diversion rate is 250 cfs for the United No. 3 Diversion and Burlington Ditch. The maximum diversion rate of water accruing in the Beebe Seep Canal is 50 cfs for each of the diversion points identified above in paragraph 2.2.3. The maximum combined rate of diversion is 250 cfs. 2.5. Date of Appropriation. April 19, 2016. 2.6. How Appropriation was Initiated. The appropriation date is based on the execution of a Water Supply Agreement by the landowners who are nominees of the Applicant and hold legal title to the Highlands Property for a water supply and storage capacity in Highlands Reservoir which established the landowners intent to obtain a water supply for the development of the Highlands Property, and the filing of the application in Case No. 16CW3053 on April 19, 2016. Engineering studies have been conducted to determine the feasibility of constructing Highlands Reservoir, the location of Highlands Reservoir as described above in paragraph 2.1 has been determined, construction has begun, and the location of the diversion structures have been preliminarily determined as described above in paragraph 2.2. 2.7. Date Water First Applied to Beneficial Use. Not applicable, conditional water right. 2.8. Uses. By this application, the Applicant seeks a decree granting the right to use the above-described conditional water right as follows: 2.8.1. Directly or as a source of augmentation and substitute supply for use on lands owned by the Applicant for land development in the Beebe Draw. For municipal, commercial, irrigation uses, including, but not limited to, domestic, irrigation, mechanical, manufacturing, commercial, industrial, storage, exchange, augmentation and replacement, recharge, substitute supply, to meet demonstrated future demands, and for all other beneficial uses. The volume of water claimed is intended to provide water for the decreed beneficial uses and to protect against periods of drought. 2.8.2. The Applicant asks the Court to decree that it has the right to use, reuse, successively use and dispose of by sale, lease, exchange, augmentation, or otherwise, to extinction all water lawfully diverted and/or impounded, as decreed herein or pursuant to a separate decree. 2.9. Total Capacity. Highlands Reservoir has a planned total capacity of approximately 4,500 acre-feet. 2.10. Name and Addresses of the Owner of the Storage Structure and the Diversion Facilities Listed Above, and lands on which those facilities will be located. Name and Addresses of the Owner of the Storage Structure and the Diversion Facilities Listed Above and Exchange Points Listed Below, and lands on which those facilities will be located. 2.10.1.Highlands Reservoir will be owned by WAWDA, 8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111. 2.10.2. Highlands Equities, LLC, holds legal title to the land on which the Reservoir will be located as a nominee of the Applicant which holds beneficial title to the land. 2.10.3. The United Water and Sanitation District, 8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111 holds a perpetual easement granted by Henderson Aggregate, LTD for the United Diversion Facility No. 3. The diversion structure is owned by United. United also owns the DeSanti

3

Headgate and the DeSanti Recharge Facility. 2.10.4. Some or all of the Burlington Ditch (also known as Burlington/O’Brien Canal) is owned by the Burlington Ditch Reservoir and Land Company, 80 South 27th Avenue Brighton, Colorado 80601. 2.10.5. The Beebe Seep Canal (or Beebe Canal), the headgate of the Burlington Canal and portions of the Burlington Canal are owned by the Farmers Reservoir and Irrigation Company (“FRICO”), 80 South 27th Avenue Brighton, Colorado 80601. 2.10.6. Barr Lake and the canals which will be used to deliver water to Highlands Reservoir are owned by FRICO. 2.10.7. The land on which the proposed diversion point from the Beebe Seep Canal, described in Paragraph 2.2.3.1 above, may be located is owned by one or more of Edmundson Land, LLC (P.O. Box 932, Brighton, Colorado 80601) and Public Service Company of Colorado (P.O. Box 1979, Denver, Colorado, 80201). 2.10.8. The land on which the proposed diversion point from the Beebe Seep Canal, described in Paragraph 2.2.3.2 above, may be located is owned by one or more of Vicki and David Pelletier (3851 E. Geddes Ave., Centennial, Colorado 80122) and Weld County, Colorado (1150 O St., Greeley, Colorado 80631). 2.10.9. The land on which the proposed diversion point from the Beebe Seep Canal, described in Paragraph 2.2.3.3 above, may be located is owned by one or more of Len Pettinger (18437 County Road 8, Brighton, Colorado 80603) and Town of Lochbuie, Colorado (703 County Road 37, Brighton, Colorado 80603). 2.10.10. The land on which the proposed diversion point from the Beebe Seep Canal, described in Paragraph 2.2.3.4 above, may be located is owned by Mile High Duck Club c/o Brown and Locke P.C. (1720 S. Bellaire St., Ste. 405, Denver, Colorado 80222). 2.11.11. The Lochbuie Wastewater Treatment Plant is owned by the Town of Lochbuie, 703 County Road 37, Brighton, Colorado 80603. 3. Description of Conditional Substitution and Exchange Rights. The Applicant seeks conditional appropriative rights of substitution and exchange from and to the following points: 3.1. Exchange-From Points. 3.1.1. Highlands Reservoir Outlet(s). The exact location of the outlet structure(s) for Highlands Reservoir have not been determined. The preliminary design anticipates that the Reservoir will be gravity drained under Weld County Road 39 into the existing drainage that has pipe crossings of the railroad and Interstate 76 and then flows west on the south side of WCR 4 to the Beebe Draw in the NW1/4 of the NE1/4 of Section 31, Township 1 North, Range 65 West of the 6th P.M. Any of the diversion points in the Beebe Seep Canal described above in paragraph 2.2.3 may also be outlet points for Highlands Reservoir. The Applicant may also develop outlet works to allow discharge to the Neres and East Burlington canals. 3.1.2. Highlands Wastewater Treatment Plant. The Highlands wastewater treatment plant has not been finally located, but the anticipated location of effluent discharge is at the Beebe Seep Canal near the crossing of Weld County Road 6. 3.1.3. Lochbuie Wastewater Treatment Plant. South Beebe Draw Metropolitan District has a contractual right to use the existing Lochbuie wastewater treatment plant for the treatment of wastewater from the residential components of the Highlands Development which right can be assigned to the Applicant. The Lochbuie wastewater treatment plant outfall is located at the Beebe Seep Canal in the NE1/4 of the NW1/4 of the NW1/4 of Section 29, Township 1 North, Range 65 West, of the 6th P.M., in Weld County, Colorado. 3.1.4. Accretion Point for Lawn Irrigation Return Flows. Lawn irrigation return flows resulting from the irrigation of lawns and public spaces in the Highlands Development will accrete to one or more points in the Beebe Draw from which Applicant will exchange the return flows. The accretion points and quantities of return flows will be determined in a future water court proceeding. 3.2. Exchange-To Points. 3.2.1. Barr Lake. Barr Lake is located in portions of Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West, of the 6th P.M., in Adams County, Colorado. 3.2.2. DeSanti Headgate. The headgate is located located in the NE1/4 of Section 14, Township 1 South, Range 66 West, of the 6th P.M., in Adams County, Colorado and delivers water to the DeSanti recharge facility. 3.2.3. Highlands Diversions Nos. 1 - 4. The Highlands Reservoir Beebe Seep Canal diversion points are located in the Beebe Draw as described above in paragraph 2.1.1. Water will be exchanged to these points from the Highlands Wastewater Treatment Plant, the Lochbuie Wastewater Treatment Plant, or the accretion point for Highlands lawn irrigation return flows. 3.3. Sources of Substitute Supply. 3.3.1. Water stored in Highlands Reservoir pursuant to the conditional water storage right described above in paragraph 2. 3.3.2. Reusable, consumable effluent from the use of water in the Highlands Development. 3.3.3. Lawn irrigation return flows from irrigation in the Highlands Development when quantified in a future water court proceeding. 3.4. Exchange Rate. 50 cfs. 3.5. Date of Appropriation. April 19, 2016. 3.5.1. How Appropriation was Initiated. The appropriation date is based on

4

the execution of the Water Supply Agreement described above in paragraph 2.6 and the filing of the application in Case No. 16CW3053. Engineering studies have been conducted to determine the feasibility of constructing Highlands Reservoir and exercising the exchange rights sought herein. 3.6. Date Water First Applied to Beneficial Use. Not applicable, conditional water right. 3.7. Uses. The water exchanged pursuant to this conditional exchange right will be used for the purposes described above in paragraph 2.8. 3.8. Name and Addresses of the Owner of the Exchange-From and the Exchange-To Points Listed Above. See paragraph 2.10 above. 19CW3063 TOWN OF ERIE, c/o Todd Fessenden, Public Works Director, P.O. Box 750, Erie, CO 80516. Please direct all correspondence concerning this Application to: Paul J. Zilis, Esq., Andrea A. Kehrl, Esq., and Peter C. Johnson, Esq., Vranesh and Raisch, LLP, 5303 Spine Road, Suite 202, Boulder, CO 80301. APPLICATION FOR CONDITIONAL UNDERGROUND WATER RIGHTS IN BOULDER AND WELD COUNTIES. 2. Names of wells and permit, registration, or denial numbers: The North Water Reclamation Facility Well Field (”NWRF Well Field”), which will be composed of six horizontal directionally drilled (“HDD”) wells. The well field will encompass portions of the Southeast 1/4 of the Northwest 1/4 of Section 31, Township 2 North, Range 68 West, 6th P.M.; the Northeast 1/4 of the Northwest 1/4 of Section 31, Township 2 North, Range 68 West, 6th P.M.; and the Southeast 1/4 of the Southwest 1/4 of Section 30, Township 2 North, Range 68 West, 6th P.M. A. The NWRF Well Field has not been permitted or constructed at the time of this application. Applicant will obtain well permits prior to well construction as required by law. 3. Legal descriptions of wells: The locations of Erie Wells 1 through 6 in the NWRF Well Field are shown on Exhibit A and described as follows: A. Erie Well No. 1: 1) UTM Format: The well heads will be located at approximately NAD 1983 UTM Zone 13N 496041 meters East, 4439131 meters North and approximately 496041 meters East, 4439322 meters North. 2) PLSS Format: The well heads will be located in the Southeast 1/4 of the Southwest 1/4 of Section 30, Township 2 North, Range 68 West, 6th P.M. The well heads will be located approximately 2511 feet east of the west section line, 143 feet north of the south section line and 2512 feet east of the west section line, 769 feet north of the south section line of said Section 30. 3) The HDD well will be constructed approximately linearly between the two well heads. The total well length will be approximately 600 feet. B. Erie Well No. 2: 1) UTM Format: The well heads will be located at approximately NAD 1983 UTM Zone 13N 496031 meters East, 4439113 meters North and approximately 495927 meters East, 4439266 meters North. 2) PLSS Format: The well heads will be located in the Southeast 1/4 of the Southwest 1/4 of Section 30, Township 2 North, Range 68 West, 6th P.M. The well heads will be located approximately 2480 feet east of the west section line, 84 feet north of the south section line and 2138 feet east of the west section line, 590 feet north of the south section line of said Section 30. 3) The HDD well will be constructed approximately linearly between the two well heads. The total well length will be approximately 600 feet. C. Erie Well No. 3: 1) UTM Format: The well heads will be located at approximately NAD 1983 UTM Zone 13N 495983 meters East, 4439088 meters North and approximately 495799 meters East, 4439088 meters North. 2) PLSS Format: The well heads will be located in the Southeast 1/4 of the Southwest 1/4 of Section 30, Township 2 North, Range 68 West, 6th P.M. The well heads will be located approximately 2320 feet east of the west section line, 5 feet north of the south section line and 1719 feet east of the west section line, 11 feet north of the south section line of said Section 30. 3) The HDD well will be constructed approximately linearly between the two well heads. The total well length will be approximately 600 feet. D. Erie Well No. 4: 1) UTM Format: The well heads will be located at approximately NAD 1983 UTM Zone 13N 495760 meters East, 4438645 meters North and approximately 495847 meters East, 4438806 meters North. 2) PLSS Format: One well head will be located in the Southeast 1/4 of the Northwest 1/4 of Section 31, Township 2 North, Range 68 West, 6th P.M. and the other well head will be located in the Northeast 1/4 of the Northwest 1/4 of Section 31, Township 2 North, Range 68 West, 6th P.M. The well heads will be located approximately 1591 feet east of the west section line, 1423 feet south of the north section line and 1876 feet east of the west section line, 920 feet south of the north section line of said Section 31. 3) The HDD well will be constructed approximately linearly between the two well heads. The total well length will be approximately 600 feet. E. Erie Well No. 5: 1) UTM Format: The well heads will be located

5

at approximately NAD 1983 UTM Zone 13N 495755 meters East, 4438658 meters North and approximately 495667 meters East, 4438493 meters North. 2) PLSS Format: The well heads will be located in the Southeast 1/4 of the Northwest 1/4 of Section 31, Township 2 North, Range 68 West, 6th P.M. The well heads will be located approximately 1574 feet east of the west section line, 1402 feet south of the north section line and 1286 feet east of the west section line, 1930 feet south of the north section line of said Section 31. 3) The HDD well will be constructed approximately linearly between the two well heads. The total well length will be approximately 600 feet. F. Erie Well No. 6: 1) UTM Format: The well heads will be located at approximately NAD 1983 UTM Zone 13N 495913 meters East, 4438977 meters North and approximately 495773 meters East, 4438826 meters North. 2) PLSS Format: The well heads will be located in the Northeast 1/4 of the Northwest 1/4 of Section 31, Township 2 North, Range 68 West, 6th P.M. The well heads will be located approximately 2091 feet east of the west section line, 342 feet south of the north section line and 1633 feet east of the west section line, 850 feet south of the north section line of said Section 31. 3) The HDD well will be constructed approximately linearly between the two well heads. The total well length will be approximately 600 feet. 4. Source of water: Groundwater tributary to Boulder Creek. A. Depth of well, if completed: Erie Wells 1 through 6 are not yet completed, but will not exceed a maximum depth of 30 feet. The actual depths of the constructed well will be described in the corresponding well permits. 5. Date of appropriation: April 9, 2019 6. How appropriation was initiated: Resolution by the Board of Trustees of the Town of Erie at a public meeting, drilling of test wells, and filing of this water application. 7. Date water applied to beneficial use: N/A (Conditional) 8. Do the wells withdraw tributary groundwater? Yes A. Amount claimed:

Well Name Amount (gallons per minute)

Erie Well No. 1 1,000 (conditional)

Erie Well No. 2 1,000 (conditional)

Erie Well No. 3 1,000 (conditional)

Erie Well No. 4 1,000 (conditional)

Erie Well No. 5 1,000 (conditional)

Erie Well No. 6 1,000 (conditional)

B. Maximum Amount claimed in acre feet annually:

Well Name Maximum Amount (acre-feet per year)

Erie Well No. 1 1,000 (conditional)

Erie Well No. 2 1,000 (conditional)

Erie Well No. 3 1,000 (conditional)

Erie Well No. 4 1,000 (conditional)

Erie Well No. 5 1,000 (conditional)

6

Erie Well No. 6 1,000 (conditional)

9. Do the wells withdraw nontributary groundwater? No 10. Do the wells operate pursuant to a decreed plan for augmentation? Yes, the wells will operate pursuant to a decreed plan for augmentation when they are not pumping under the priorities claimed herein. A. Case number of plan for augmentation: An application for approval of a plan for augmentation is being filed concurrently herewith. B. Is plan for augmentation operational? No 11. List All Uses or Proposed Uses: The water withdrawn under the priorities claimed herein may be used, reused and successively used to extinction and otherwise disposed of for all beneficial uses including, without limitation, municipal, domestic, commercial, manufacturing, industrial, irrigation, agricultural, stock watering, augmentation, replacement, exchange, watering of parks, lawns, and gardens, fire protection, recreation, fish and wildlife propagation, dust suppression and maintenance of adequate storage reserves. Applicant may use return flows of this ground water to replace stream depletions under a plan for augmentation approved in compliance with applicable law. Return flows from in-priority diversions of the NWRF Well Field will be delivered to Boulder Creek at the North Water Reclamation Facility (“NWRF”) either directly or by releases from NWRF Reservoir. The NWRF is located in the Northeast 1/4 of the Northwest 1/4 of Section 31, Township 2 North, Range 68 West, 6th P.M. The NWRF Reservoir is located in the North 1/2 of Section 31, Township 2 North, Range 68 W, 6th P.M. The discharge point to Boulder Creek is located in said Section 31, at a point on the north section line and approximately 2147 feet east of the west section line. A map of the NWRF, NWRF Reservoir, and the discharge point to Boulder Creek is attached hereto as Exhibit B. Applicant reserves the right to claim reuse of return flows from lawn grass, irrigation and all other uses in future Applications. 12. Place of Use: The place of use for water diverted from the NWRF Well Field will be Erie’s current and future service areas served by its municipal water supply system, including extra-territorial areas served by connections with other systems, and by any water supply contracts or obligations of Erie. Erie’s current service area is located generally in Sections 3 through 10, 15 through 22, and 28 through 33, of Township 2 North, Range 68 West, 6th P.M., Sections 1 through 3, 10 through 15, 22 through 27, and 36, of Township 1 North, Range 69 West, 6th P.M., Sections 28 through 33, of Township 2 North, Range 68 West, 6th P.M., and Sections 25 through 27, and 34 through 36, of Township 2 North, Range 69 West, 6th P.M. as shown on the map attached hereto as Exhibit C. Erie's municipal boundary and service area has changed from time to time and will continue to do so. 13. Integrated System: The NWRF Well Field will be a part of the integrated water supply system operated by Erie, which includes but is not limited to Erie’s water and wastewater infrastructure, water treatment facilities, the NWRF, the NWRF Reservoir, water rights, and all other facilities utilized by Erie to provide potable and non-potable water. 14. Names and addresses of owners or reputed owners of the land upon which any new or existing diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing pool in addition to Erie:

Name of Owner Mailing Address

Troy Hefner 370 County Road 16.50 Longmont , CO 80504

Hunt Brothers 10100 Dallas Street Henderson, CO 80640

(9 pages) 19CW3064 TOWN OF ERIE, c/o Todd Fessenden, Public Works Director, P.O. Box 750, Erie, CO 80516. Please direct all correspondence concerning this Application to: Paul J. Zilis, Esq., Andrea A. Kehrl, Esq., and Peter C. Johnson, Esq., Vranesh and Raisch, LLP, 5303 Spine Road, Suite 202, Boulder, CO 80301. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION IN BOULDER

7

AND WELD COUNTIES. 2. Name of structures to be augmented: The North Water Reclamation Facility Well Field (”NWRF Well Field”), which will be composed of a maximum of six horizontal directionally drilled (“HDD”) wells. The well field will encompass portions of the Southeast 1/4 of the Northwest 1/4 of Section 31, Township 2 North, Range 68 West, 6th P.M.; the Northeast 1/4 of the Northwest 1/4 of Section 31, Township 2 North, Range 68 West, 6th P.M.; and the Southeast 1/4 of the Southwest 1/4 of Section 30, Township 2 North, Range 68 West, 6th P.M. The locations of the wells are described below in paragraph 2B, and the wells will be referred to herein collectively as the NWRF Well Field. A. The structures augmented hereunder are not yet decreed. An application is being filed concurrently herewith for independent water rights for the NWRF Well Field. B. Legal descriptions of structures: The locations of Erie Wells 1 through 6 in the NWRF Well Field are shown on Exhibit A and described as follows: 1) Erie Well No. 1: a. UTM Format: The well heads will be located at approximately NAD 1983 UTM Zone 13N 496041 meters East, 4439131 meters North and approximately 496041 meters East, 4439322 meters North. b. PLSS Format: The well heads will be located in the Southeast 1/4 of the Southwest 1/4 of Section 30, Township 2 North, Range 68 West, 6th P.M. The well heads will be located approximately 2511 feet east of the west section line, 143 feet north of the south section line and 2512 feet east of the west section line, 769 feet north of the south section line of said Section 30. c. The HDD well will be constructed approximately linearly between the two well heads. The total well length will be approximately 600 feet. 2) Erie Well No. 2: a. UTM Format: The well heads will be located at approximately NAD 1983 UTM Zone 13N 496031 meters East, 4439113 meters North and approximately 495927 meters East, 4439266 meters North. b. PLSS Format: The well heads will be located in the Southeast 1/4 of the Southwest 1/4 of Section 30, Township 2 North, Range 68 West, 6th P.M. The well heads will be located approximately 2480 feet east of the west section line, 84 feet north of the south section line and 2138 feet east of the west section line, 590 feet north of the south section line of said Section 30. c. The HDD well will be constructed approximately linearly between the two well heads. The total well length will be approximately 600 feet. 3) Erie Well No. 3: a. UTM Format: The well heads will be located at approximately NAD 1983 UTM Zone 13N 495983 meters East, 4439088 meters North and approximately 495799 meters East, 4439088 meters North. b. PLSS Format: The well heads will be located in the Southeast 1/4 of the Southwest 1/4 of Section 30, Township 2 North, Range 68 West, 6th P.M. The well heads will be located approximately 2320 feet east of the west section line, 5 feet north of the south section line and 1719 feet east of the west section line, 11 feet north of the south section line of said Section 30. c. The HDD well will be constructed approximately linearly between the two well heads. The total well length will be approximately 600 feet. 4) Erie Well No. 4: a. UTM Format: The well heads will be located at approximately NAD 1983 UTM Zone 13N 495760 meters East, 4438645 meters North and approximately 495847 meters East, 4438806 meters North. b. PLSS Format: One well head will be located in the Southeast 1/4 of the Northwest 1/4 of Section 31, Township 2 North, Range 68 West, 6th P.M. and the other well head will be located in the Northeast 1/4 of the Northwest 1/4 of Section 31, Township 2 North, Range 68 West, 6th P.M. The well heads will be located approximately 1591 feet east of the west section line, 1423 feet south of the north section line and 1876 feet east of the west section line, 920 feet south of the north section line of said Section 31. c. The HDD well will be constructed approximately linearly between the two well heads. The total well length will be approximately 600 feet. 5) Erie Well No. 5: a. UTM Format: The well heads will be located at approximately NAD 1983 UTM Zone 13N 495755 meters East, 4438658 meters North and approximately 495667 meters East, 4438493 meters North. b. PLSS Format: The well heads will be located in the Southeast 1/4 of the Northwest 1/4 of Section 31, Township 2 North, Range 68 West, 6th P.M. The well heads will be located approximately 1574 feet east of the west section line, 1402 feet south of the north section line and 1286 feet east of the west section line, 1930 feet south of the north section line of said Section 31. c. The HDD well will be constructed approximately linearly between the two well heads. The total well length will be approximately 600 feet. 6) Erie Well No. 6: a. UTM Format: The well heads will be located at approximately NAD 1983 UTM Zone 13N 495913 meters East, 4438977 meters North and approximately 495773 meters East, 4438826 meters North. b. PLSS Format: The well heads will be located in the Northeast 1/4 of the Northwest 1/4 of Section 31, Township 2 North, Range 68 West, 6th P.M. The well heads will be located approximately

8

2091 feet east of the west section line, 342 feet south of the north section line and 1633 feet east of the west section line, 850 feet south of the north section line of said Section 31. c. The HDD well will be constructed approximately linearly between the two well heads. The total well length will be approximately 600 feet. 3. Water rights to be used for augmentation: A. Fully consumable effluent associated with Erie’s use of its Windy Gap Project water. Erie currently owns 20 Units of Windy Gap Project water. The water rights for the Windy Gap Project are in the Colorado River Basin and consist of the Windy Gap Pump, Pipeline, and Canal; Windy Gap Pump, Pipeline, and Canal First Enlargement; Windy Gap Pump, Pipeline, and Canal Second Enlargement; and Windy Gap Reservoir. These water rights were originally decreed in Case No. CA-1768, Grand County District Court on October 27, 1980, and in Case Nos. W-4001 and 80CW108, District Court, Water Division 5 on October 27, 1980. In addition, decrees awarding absolute water rights for municipal, industrial, irrigation, and recreational uses, including reuse, successive use, and use to extinction for the Windy Gap Reservoir; Windy Gap Pump, Pipeline and Canal; and Windy Gap Pump, Pipeline, and Canal First and Second Enlargements were entered in Case No. 88CW169, Water Division 5 (February 6, 1989) and Case No. 89CW298, Water Division 5 (July 19, 1990). Windy Gap Project water is introduced, stored, carried, and delivered in and through the components of the Colorado Big Thompson Project, operated by the Northern Colorado Water Conservancy District. Windy Gap Project water is imported foreign water that is available for use, reuse, and successive use until extinction. A map of the Windy Gap facilities is attached hereto as Exhibit B. B. Return flows from in-priority diversions of the NWRF Well Field, as described above, for which an application is being filed concurrently with this application. C. Return flows from Erie’s Windy Gap Project water and return flows from in-priority diversions of the NWRF Well Field will be delivered to Boulder Creek at the North Water Reclamation Facility (“NWRF”) either directly or by releases from NWRF Reservoir. The NWRF is located in the Northeast 1/4 of the Northwest 1/4 of Section 31, Township 2 North, Range 68 West, 6th P.M. The NWRF Reservoir is located in the North 1/2 of Section 31, Township 2 North, Range 68 W, 6th P.M. The discharge point to Boulder Creek is located in said Section 31, at a point on the north section line and approximately 2147 feet east of the west section line. A map of the NWRF, NWRF Reservoir, and the discharge point to Boulder Creek is attached hereto as Exhibit C. D. Erie seeks the ability to add additional or alternative sources of replacement water to the proposed plan for augmentation pursuant to C.R.S. § 37-92-305(8)(c) or successor statutes. 4. Does the Applicant intend to change a water right to provide a source of augmentation? No 5. Complete statement of plan for augmentation: A. The NWRF Well Field will contain a maximum of six tributary horizontal wells located in close proximity to Boulder Creek and Erie’s NWRF. Water diverted out-of-priority from the NWRF Well Field will be used for all beneficial uses including, without limitation, municipal, domestic, commercial, manufacturing, industrial, irrigation, agricultural, stock watering, augmentation, replacement, exchange, watering of parks, lawns, and gardens, fire protection, recreation, fish and wildlife propagation, dust suppression and maintenance of adequate storage reserves. The place of use for water diverted pursuant to this plan for augmentation will be Erie’s current and future service areas served by its municipal water supply system, including extra-territorial areas served by connections with other systems, and by any water supply contracts or obligations of Erie. Erie’s current service area is located generally in Sections 3 through 10, 15 through 22, and 28 through 33, of Township 2 North, Range 68 West, 6th P.M., Sections 1 through 3, 10 through 15, 22 through 27, and 36, of Township 1 North, Range 69 West, 6th P.M., Sections 28 through 33, of Township 2 North, Range 68 West, 6th P.M., and Sections 25 through 27, and 34 through 36, of Township 2 North, Range 69 West, 6th P.M. as shown on the map attached hereto as Exhibit D. Erie's municipal boundary and service area has changed from time to time and will continue to do so. B. Erie seeks approval of a plan for augmentation for the NWRF Well Field, the purpose of which plan is to account for return flows and replace the net out-of-priority depletions that occur from Erie’s ownership and use of the NWRF Well Field. C. Erie will determine the amount, timing, and location of out-of-priority depletions caused by operation of the NWRF Well Field, including lagged depletions, and will replace the net depletions (total out-of-priority depletions minus return flows) as necessary to prevent injury to other water rights by delivery of the water rights listed in Paragraph 3 to Boulder Creek. Replacements will be made from the NWRF, either directly or by releases from NWRF Reservoir, as set forth in paragraph 3.C above. The amount of fully-consumable effluent

9

associated with Erie’s use of Windy Gap Project water and in-priority diversion of the NWRF Well Field which is discharged from the NWRF on any given day shall be determined by multiplying the total amount of effluent discharged from the NWRF by the percentage which Windy Gap Project water and in-priority diversion of the NWRF Well Field represents of the total water diverted into Erie’s water treatment plant on the previous day. The administrative date for determining when depletions are out-of-priority for the NWRF Well Field will be the priority date for the water rights claimed in the companion case for the NWRF Well Field, which application is being filed concurrently with this application. D. The lagged depletions associated with the NWRF Well Field in some instances will deplete Boulder Creek at a location upstream of the location at which replacement supplies are delivered to Boulder Creek, resulting in a depletion to Boulder Creek between the location of the depletion and the location of replacement. Although no appropriative right of exchange is claimed herein, no augmentation of depletive effects is or shall be owed to water rights (including exchanges) junior to April 9, 2019 located within the depleted reach. E. The NWRF Well Field will be a part of the integrated water supply system operated by Erie, which includes but is not limited to Erie’s water and wastewater infrastructure, water treatment facilities, the NWRF, the NWRF Reservoir, water rights, and all other facilities utilized by Erie to provide potable and non-potable water. 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. The NWRF and NWRF Reservoir are located on land owned by Erie. The NWRF Well Field will be located on lands owned by:

Name of Owner Mailing Address

Troy Hefner 370 County Road 16.50 Longmont , CO 80504

Hunt Brothers 10100 Dallas Street Henderson, CO 80640

(11 pages). 19CW3065 TOWN OF ESTES PARK, PO Box 1200, Estes Park, CO 80517. Frederick A. Fendel, III, Matthew S. Poznanovic, Eric K. Trout, Petrock Fendel Poznanovic, PC., 700 17th St., Suite 1800, Denver, CO, 80202. Application To Make Absolute or in the Alternative for a Finding of Reasonable Diligence in LARIMER COUNTY. 1. Description of conditional rights of exchange decreed January 2001 in Case No. 97CW126: Points of Diversion (Exchange-To Points): The Glacier Creek Pipeline located on the south bank of Glacier Creek in the NE1/4 SE1/4 NW1/4, Section 5, Township 4N, Range 73W, 6th P.M., Larimer County, Colorado. Points of Substitute Supply (Exchange-From Points): The Estes Park Sanitation District Wastewater Treatment Plant outfall discharges in to the Big Thompson River in the NW1/4 NW1/4, Section 30, Township 5N, Range 73W, 6th P.M., Larimer County, Colorado. The Upper Thompson Sanitation District outfall discharges in to the Big Thompson River in the NW1/4 NE1/4, Section 29, Township 5N, Range 73W, 6th P.M., Larimer County, Colorado. Windy Gap water delivered directly to the Big Thompson River. Priority Date: March 31, 1997. Amount: 6.2 cfs. Uses: All municipal uses, including domestic, irrigation, commercial, industrial, mechanical, fire protection, maintenance and replacement of storage losses, and disposition of return flows. Source of Substitute Supply: Substitute supplies will consist of Windy Gap water delivered directly to the Big Thompson River or reusable municipal return flows of Windy Gap water. Applicant owns three (3) units of Windy Gap water pursuant to an allotment contract with the Municipal Subdistrict, Northern Colorado Water Conservancy District. The Windy Gap project delivers transmountain water from the Colorado River via the facilities of the Colorado Big Thompson project. The Colorado River water rights were decreed in CA 1768, Grand County District Court, and Case Nos. W-4001, 80CW108, and 89CW298, District Court, Water Division 5. Applicant’s three (3) units of Windy Gap water represent an entitlement to 300 acre-feet of water per year.

10

A separate exchange to the point of diversion of the following rights on Fall River was also decreed in Case No. 97CW126. The conditional exchange on Fall River is hereby abandoned. The Estes Park Cascade Diversion on the north bank of Fall River, a tributary of the Big Thompson River, located in the NE1/4 NW1/4 SW1/4, Section 17, Township 5N, Range 73W, 6th P.M., Larimer County, Colorado. The Estes Park Cascade Diversion Enlargement on the north bank of Fall River, a tributary of the Big Thompson River, located in the NE1/4 NW1/4 SW1/4, Section 17, Township 5N, Range 73W, 6th P.M., Larimer County, Colorado. 2. Claim to Make Absolute: Applicant operated the Glacier Creek Pipeline exchange described in paragraphs 2.1 – 2.6 above pursuant to and in compliance with the 97CW126 decree at a maximum rate of 4 cfs. The exchange first operated May 1997, and has operated every year since. The maximum rate of exchange of 4 cfs first occurred July 13, 1998. Estes Park has since exchanged 4 cfs many times. 3. Alternate Claim for a Finding of Reasonable Diligence. During the diligence period, Applicant undertook the following efforts related to its conditional rights of exchange and the underlying water rights: Applicant has used the exchange to the Glacier Creek Pipeline every year since the 97CW126 decree was entered. Applicant has maintained the Glacier Creek Pipeline, the Glacier Creek water treatment plant, and its integrated connected facilities comprising its entire water treatment and delivery system routinely at significant cost including staff and management time, has worked on all on-going aspects of securing the long-term ability to deliver and continue to use the water rights. Other activities, expenses, and planning. Applicant requests that the exchange described herein be made absolute to the extent of 4.0 cfs, and for such other and further relief as is appropriate, or in the alternative for a finding of reasonable diligence and an order continuing its conditional right of exchange. 4 Pages.

19CW3066 Groundwater Management Subdistrict of the Central Colorado Water Conservancy District (“GMS” or “Applicant”), 3209 West 28th Street, Greeley, Colorado 80634. (970) 330-4540. Please send all future correspondence and pleadings to Wesley S. Knoll, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Ste. 1, Johnstown, CO 80534. APPLICATION TO ADD STRUCTURES 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. Structures to be Added and Augmented. 3.1 Hokestra Gravel Mine 3.1.1. Name of Structure to be Added and Augmented: Hokestra Gravel Mine, Well Permit No. 63693-F (“Well”); (WDID: 0503006, DRMS M-1980-149). 3.1.2. Name and Address of Owner of Structure: Applicant (address above); Weld County, P.O. Box 758 (mailing), 915 10th Street (physical), Greeley, CO 80632; James and Sharon Peters, 4795 County Road 24 3 / 4 , Longmont, CO 80504-9532; Colder Weather, LLC, 344 Fillmore St., Denver, CO 80602-4322. 3.1.3. Location of Structure: In the N 1/2 of Section 2, Township 2 North, Range 68 West, and the S 1/2 of Section 35, Township 3 North, Range 68 West of the 6th P.M., Weld County Colorado. 3.1.4. GMS Contract No.: 1178, approved August 21, 2018, Exhibit 1. 3.1.5. Remarks: This application seeks to add existing depletions from net evaporative post 1981 exposed groundwater surface area losses and dewatering which occurred during mining activities by Weld County pursuant to its DRMS Permit No. M-1980-149 for this structure (Cells 1 through 12) to the GMS Plan. Future net evaporation depletions of the post 1981 exposed groundwater surface area from portions of this structure (Cells 1, 7, 8, 9, 10, 11 & 12) which remain unlined are anticipated and will also be covered by the GMS Plan. Cells 2, 3, 4, 5 and 6 have been lined (WDID’s 0503324, 0503325 and 0503326) and no longer expose groundwater. 3.2. Southwest Service Complex Pump. 3.2.1. Name of Structure to be Added and Augmented: Southwest Service Complex Pump. This structure pumps water from Cell 1 of the Hokestra Gravel Mine. 3.2.2 Name and Address of Owner of Structure: Weld County, P.O. Box 758 (mailing), 915 10th Street (physical), Greeley, CO 80632. 3.2.3 Location of Structure: In the SW1/4 of the NW1 / 4 of Section 2, Township 2, Range 68 West of the 6th P.M. Weld County, Colorado. 3.2.4. GMS Contract No.: 1177, approved August 21, 2018, Exhibit 2 (for irrigation from pond) 3.2.5. Remarks: This application seeks to add existing net depletions from prior pumping for irrigation of the Southwest Service Area Complex prior to the date of this application to the GMS Plan. The GMS Plan will also cover future water withdrawals from Cell 1 (unlined gravel pit), which will be metered, and utilized for irrigation on the grounds of Weld County’s Southwest Services Complex pursuant to the GMS contract

11

referenced above and attached as Exhibit 2. The net evaporative post 1981 exposed groundwater surface area losses and dewatering from Cell 1 will be covered under GMS Contract No. 1178 along with the other Hokestra Cells (described above). 4. Proposed Terms and Conditions. The terms and conditions for the structures added to the GMS Plan by this Application will be the same as for the other structures in the Decree. 4.1 Consumptive Use Factors. 4.1.1 Hokestra Gravel Mine. The existing net evaporative depletions from previous mining and ongoing net evaporative depletions from the post 1981 exposed groundwater surface area of the unlined cells (Cells 1, 7, 8, 9, 10, 11 and 12) are fully consumptive. The existing depletions from previous dewatering for mining will be considered fully consumptive. 4.1.2. Southwest Service Complex Irrigation. 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 structure will be subject to all the terms and conditions for operation as for other structures in the Decree. 4.2. Net Stream Depletions. Depletions resulting from the future use of groundwater and accretions resulting from deep percolation of groundwater applied for irrigation will be lagged back to the South Platte River using the Glover alluvial aquifer method and the following parameters. Distance from

Structure to

Stream (ft)

Distance from

Boundary to Stream

(ft)

Harmonic Mean

Transmissivity (gpd/ft)

Admin.

Reach

Southwest Service

Complex Pump

2,260

9,760

2,800

0.2

Hokestra Gravel

Mine 1,060 8,980 14,400 0.2

4.3. The Hokestra Gravel Mine and the Southwest Service Complex Pump were previously included in Weld County’s Substitute Water Supply Plans (WDID 0502521) pursuant to C.R.S. §37-90-137(11) for DRMS Permit No. M-1980-149. Existing depletions from mining activities, including net evaporation of post 1981 exposed groundwater surface area and de-watering as well as irrigation are included in the attached Exhibit 3 and will be included in the GMS Plan as of the date of this Application. Future depletions resulting from net evaporation of post 1981 exposed groundwater surface area and net diversions of the structures described in this Application will be augmented by GMS in accordance with GMS Contract Nos. 1177 & 1178, the Decree in Case Nos. 02CW335 and the decree entered herein. 5. Names and addresses of owners of land on which structures are located: Weld County, P.O. Box 758 (mailing), 915 10th Street (physical), Greeley, CO 80632; James and Sharon 24 1/4, Longmont, CO 80504-9532; Colder Weather, LLC, 344 re St., Denver, CO 80602-4322. 5 pages, 3 exhibits. 19CW3067, Kyle Ann Schultz, 35227 Cherokee Trail, Elizabeth, CO 80107 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, ELBERT COUNTY. 5 acres being Lot 18, Block 9, Pawnee Hills Filing 1, located in the NW1/4SW1/4 of Section 2, T8S, R65W of the 6th P.M., Elbert County, as shown on Attachment A hereto ("Subject Property"). Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Upper Dawson: 1.0 acre-feet, Lower Dawson: 0.9 acre-feet, Denver: 1.5 acre-feet, Arapahoe: 2.1 acre-feet,

12

Laramie-Fox Hills: 1.6 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: 1 acre-foot per year of Upper Dawson aquifer groundwater as requested herein. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Upper Dawson aquifer water will be used on the Subject Property for in house use in one residence (0.35 acre-feet), irrigation of 10,000 square-feet of lawn, garden, and trees (0.6 acre-feet), and stockwatering of up to 4 large domestic animals (0.05 acre-feet), through existing well Permit No. 199809. (Permitted location in the SW1/4SW1/4 of Section 2, and actual location on Subject Property). Applicant reserves the right to amend the amounts and values without amending the application or republishing the same. Sewage treatment for inhouse use will be provided by non-evaporative septic systems and return flow from inhouse and irrigation use will be approximately 90% and 15% of that use, respectively. During pumping Applicant will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions occur to the Running Creek stream system. Return flows accrue to the South Platte River via Running Creek and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicant will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post pumping augmentation requirements. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises.(5 pages). 19CW3068 City of Thornton, Infrastructure Department, Division of Water Resources,12450 North Washington St., Thornton, CO 80241, (720) 977-6600. Attorney: Joanne Herlihy, Esq., Senior Assistant City Attorney, City of Thornton, 9500 Civic Center Dr., Thornton, CO 80229, (303) 538-7210. VERIFIED APPLICATION FOR SEXENNIAL FINDING OF REASONABLE DILIGENCE IN ADAMS, DENVER, JEFFERSON, LARIMER AND WELD COUNTIES. 2.Name of Structures: Dahlia Pit Reservoir a/k/a South Dahlia Pit Reservoir, Dahlia Pit (a/k/a South Dahlia Pit) River Exchange, Dahlia Pit (a/k/a South Dahlia Pit) Burlington Ditch Exchange 3.Description of conditional water rights: 3.1. Date of Original Decree: March 11, 1996. Case No. 92CW164, District Court, Water Division 1. 3.2. Subsequent decrees awarding findings of diligence:Since the Decree was entered March 11, 1996, timely applications for findings of reasonable diligence were filed in accordance with Colorado law. Final decrees have been entered in Case No. 2002CW51, District Court, Water Division 1 (December 1, 2005) (making portions of the originally decreed conditional water rights absolute); and Case No. 2011CW291, District Court, Water Division 1 (April 2, 2013). 3.3. Reservoir Storage Right: 3.3.1.Name of water right: Dahlia Pit Reservoir Storage Right a/k/a South Dahlia Pit Reservoir Storage Right. 3.3.2.Location from the Decree: The South Dahlia Pit Reservoir is a gravel pit reservoir located in the NE1/4, the NW1/4 of the SE1/4, and the E1/2 of the NE1/4 of the SW1/4 of Section 30, T. 2 S., R. 67 W., 6th P.M., Adams County. A map showing the location of the South Dahlia Pit Reservoir is attached hereto as Exhibit A. 3.3.2.1. Location of reservoir per Water Court form requirements: The center point of the South Dahlia Pit Reservoir is located in the SW1/4 NE1/4 of Section 30, T. 2 S., R. 67 W., 6th P.M., Adams County, approximately 1,864 feet from the North Section line and 1,399 feet from the East Section line. 3.3.3.Points of diversion: 3.3.3.1.Burlington Ditch – South Platte Headgate. Decreed location on the east bank of the South Platte River in the SW1/4 of the NE1/4 of Section 14, T. 3 S., R. 68 W., 6th P.M., Adams County, Colorado, at a point which is approximately 2200 feet West and 2300 feet South of the Northeast corner of said section. The Water Court ruled in Case No. 2002CW403 and the Colorado Supreme Court affirmed in Case No. 009SA133 that the point of diversion of the Burlington Ditch was changed from the previously decreed location to the location of the Globeville Area Flood Control Project Structure in the South Platte River approximately 900 feet upstream from the historical headgate of the Burlington Ditch. The point of diversion is now a point on the east bank of the South Platte River in the NE1/4 of the SW1/4 of Section 14, T. 3 S., R. 68 W., of the 6th P.M., City and County of Denver, Colorado. The headgate is located at approximately latitude 039° 47’ 24.69” N., longitude 104° 58’ 9.97” W. The UTM coordinates are approximately NAD 1983 UTM Zone 13S 502616.89 mE 4404471.42 mN. 3.3.3.2. South Dahlia Pit Reservoir Diversion Structure. Thornton will

13

construct a new diversion facility at one of the following locations: 3.3.3.2.1.Thornton’s Proposed 88th Avenue South Platte Pump Station, Alternative 1: Near the point at which the South Platte River crosses the West section line of Section 30, T. 2 S., R. 67 W., 6th P.M., Adams County. 3.3.3.2.2. Thornton’s Proposed 88th Avenue South Platte Pump Station, Alternative 2: Near the point at which the South Platte River crosses the North section line of Section 30, T. 2 S., R. 67 W., 6th P.M., Adams County. 3.3.3.2.3. Thornton’s Proposed 88th Avenue South Platte Pump Station, Alternative 3: Near the point at which the South Platte River crosses from the SW1/4 into the SE1/4 of Section 19, T. 2 S., R. 67 W., 6th P.M., Adams County. 3.3.4. Source: The source of the water appropriated is the South Platte River and all streams tributary thereto above the points of diversion for the reservoir. 3.3.5. Appropriation Date: October 10, 1988. 3.3.6. Amount. 4,500 a.f. with the right to fill and refill. The remaining conditional amount is as follows: 3,270 a.f. Conditional 3.3.7. Rate of Fill. 3.3.7.1. Diversion at the Burlington Ditch, 115 c.f.s.The remaining conditional amount is as follows: 35 c.f.s. Conditional. 3.3.7.2. Diversion at the South Dahlia Pit Reservoir Diversion Structure, 100 c.f.s. Conditional. 3.3.8. Use: This water right is decreed for use, directly and by exchange, for irrigation, agricultural, commercial, industrial and all municipal uses, including, but not limited to, domestic, mechanical, manufacturing, industrial, power generation, fire protection, sewage treatment, street sprinkling, irrigation of parks, lawns and grounds, recreation, piscatorial, maintenance and preservation of wildlife and aesthetic values, lake and reservoir evaporation, augmentation and replacement, adjustment and regulation of Thornton’s water supply system, including further exchange within Thornton’s system and with other water users. Thornton is allowed to fully consume such water used through its municipal system by direct use, storage and subsequent release, reuse, successive use, further exchange and disposition. Specifically, but not by way of limitation, Thornton is allowed to use the water stored in the South Dahlia Pit Reservoir pursuant to the conditional storage appropriation confirmed in Case No. 92CW164, or effluent generated from the use of such water, as substitute supply and to meet replacement and other obligations pursuant to the decree entered in Consolidated Case Nos. 86CW401, 86CW402, 86CW403 and 87CW332, Water Division 1 (the “Northern Project Decree”). Thornton is not allowed to use the water stored in the South Dahlia Pit Reservoir pursuant to the conditional storage appropriation in the decree in Case No. 92CW164, or effluent generated from the use of such water, as substitute supply in decreed exchanges or plans for augmentation which do not specifically identify the South Dahlia Pit Reservoir appropriation as a source of substitute supply.3.4. Rights of Exchange:3.4.1. Name of water right: South Dahlia Pit Exchanges, which include the South Dahlia Pit-River Exchange and the South Dahlia Pit-Burlington Ditch Exchange. A map showing the location of the South Dahlia Pit Exchanges is attached hereto as Exhibit B.3.4.1.1. South Dahlia Pit -River Exchange. 3.4.1.1.1. Exchange-from Point. Substitute supplies will be released at rates up to 100 c.f.s. from the South Dahlia Pit Reservoir Outlet to the South Platte River. The South Dahlia Pit Reservoir Outlet will be located near the point at which the South Platte River crosses from the SW1/4 into the SE1/4 of Section 19, T. 2 S., R. 67 W., 6th P.M., Adams County. 3.4.1.1.2. Exchange-to Points. Water will be diverted by exchange at any one or combination of the following points: 3.4.1.1.2.1. Croke Canal. The headgate of the Croke Canal is located on the north bank of Clear Creek in the NW1/4, NE1/4 of Section 26, T. 3 S., R. 70 W., 6th P.M., Jefferson County, Colorado, at a point which is approximately 2700 feet East and 250 feet South of the Northwest corner of said section.3.4.1.1.2.1.1. Rate of diversion: 100 c.f.s. 3.4.1.1.2.1.2. Source: Clear Creek and its tributaries above this point of diversion. 3.4.1.1.2.2. Farmers’ High Line Canal. The headgate of the Farmers’ High Line Canal is located on the north bank of Clear Creek in the NW1/4, SW1/4 of Section 27, T. 3 S., R. 70 W., 6th P.M., Jefferson County, Colorado, at a point approximately 950 feet East and 1500 feet North of the Southwest corner of said section. 3.4.1.1.2.2.1. Rate of diversion: 100 c.f.s. 3.4.1.1.2.2.2.Source: Clear Creek and its tributaries 3.4.1.1.2.3.Common Headgate of the Lower Clear Creek Ditch and Colorado Agricultural Ditch. The common headgate of the Lower Clear Creek Ditch and Colorado Agricultural ditches is located on the north bank of Clear Creek in the SE1/4 of Section 4, T. 3 S., R. 68 W., 6th P.M., Adams County, Colorado, at a point which is approximately 1400 feet West and 1200 feet North of the Southeast corner of said section. 3.4.1.1.2.3.1. Rate of diversion: 100 c.f.s. 3.4.1.1.2.3.2. Source: Clear Creek and its tributaries. 3.4.1.1.2.4. Burlington Ditch. See Paragraph 3.3.3.1 above. 3.4.1.1.2.4.1. Rate of diversion: 100 c.f.s. 3.4.1.1.2.4.2.Source: South Platte River and its tributaries

14

above this point of diversion. 3.4.1.2. South Dahlia Pit – Burlington Ditch Exchange. 3.4.1.2.1. Exchange-from Point. Substitute supplies will be released at rates up to 100 c.f.s. from the South Dahlia Pit Reservoir to the Burlington Ditch at the Burlington Ditch Return Point. The Burlington Ditch Return Point will be located down-ditch from Thornton’s municipal headgate(s) on the Burlington Ditch, at a point on the Burlington Ditch to be determined after consultation with the Burlington Ditch, Land and Reservoir Company.3.4.1.2.2. Exchange-to Point(s). Water will be diverted by exchange at any one or combination of Thornton’s municipal headgate(s) along the Burlington Ditch, all of which shall be located up-ditch from the Burlington Ditch Return Point; including Thornton’s proposed diversion facility on the Burlington Ditch, which will be located above (up-ditch of) the existing outfall to the Burlington Ditch from the Denver Water Board’s Metro Pump Station (near the point where Burlington Ditch crosses Sand Creek), and Thornton’s existing municipal headgate on the Burlington Ditch located in Section 31, T. 2 S., R. 67 W., 6th P.M., Adams County, Colorado. 3.4.1.2.2.1. Rate of diversion: 100 c.f.s. 3.4.1.2.2.2.Source. South Platte River water previously diverted into the Burlington Ditch. 3.4.2. Appropriation Date. October 10, 1988. 3.4.3. Exchange Rate. South Dahlia Pit - River Exchange 100 c.f.s., Conditional South Dahlia Pit – Burlington Ditch Exchange 100 c.f.s., Conditional. 3.4.4. Use. The water diverted pursuant to the South Dahlia Pit Exchanges will be put to the same uses as described in Paragraph 3.3.8 above. Thornton is allowed to fully consume such water used through its municipal system to the same extent as allowed for the waters released as substitute supply. 3.4.5. Places of storage of exchanged water. The names and locations of the reservoirs in which Thornton may store the water exchanged are listed below. 3.4.5.1.Standley Lake: located in Sections 16, 17, 20, 21, 22, 27, 28, and 29, T. 2 S., R. 69 W., 6th P.M., Jefferson County.3.4.5.2.Croke Reservoir No. 12: located in the South 1/2 of Section 15, T. 2 S., R. 68 W., 6th P.M., Adams County. 3.4.5.3. Eastlake Reservoirs 1, 2 and 3: located in Sections 25, 35 and 36, T. 1 S., R. 68 W., 6th P.M., Adams County. 3.4.5.4. Brannan Lake: located in the Southwest 1/4 of Section 35, T. 2 S., R. 68 W., 6th P.M., Adams County. 3.4.5.5. West Gravel Lakes: located just West of the South Platte River in Sections 25 and 36, T. 2 S., R. 68 W., and Section 30, T. 2 S., R. 67 W., 6th P.M., Adams County. 3.4.5.6. East Gravel Lakes: (a/k/a Tani Lakes) located adjacent to the east bank of the South Platte River, in Sections 25 and 36, T. 2 S., R. 68 W., and Sections 30 and 31, T. 2 S., R. 67 W., 6th P.M., Adams County. 3.4.6. Substitute supply. The water stored in the South Dahlia Pit Reservoir for release in this exchange will be derived from the following sources:1) Water appropriated by Thornton for storage in the South Dahlia Pit Reservoir, as described in Paragraph 3.3, above; 2) Other previously decreed water rights owned by Thornton, and; 3) Effluent generated by the exercise of any of Thornton’s water rights which it owned as of October 10, 1988, and which have been decreed to be fully consumable. 4.Detailed outline of what has been done toward completion, including expenditures: From January 1, 2012 through April 30, 2019, Thornton performed the following work and incurred the following costs concerning the remaining conditional portions of the water rights subject of the application (“Subject Water Rights”), including work and expenditures on specific structures integral to the diversion and use of the Subject Water Rights and in the further development of Thornton’s Integrated water supply system within which the Subject Water Rights have been and will be placed to beneficial use. The work done and costs incurred set forth below are illustrative and not exhaustive and Thornton reserves the right to present evidence of additional activities and costs in support of this application. 4.1. Thornton Integrated System Activities: During the diligence period, Thornton had continued in the development and improvement of its Clear Creek and South Platte River water supply system including many of the structures used in the exercise of the Subject Water Rights, and the eventual treatment and use of the water yielded by such rights. Costs incurred by Thornton totaled approximately $55.8 million, and include the following: 4.1.1.Ditch Company Assessments: Thornton paid assessments of approximately $1,550,000 for its share ownership in Burlington Ditch and Reservoir Company (Burlington), Farmers Reservoir and Irrigation Company (FRICO), Lower Clear Creek Ditch Company (LCC), Colorado Agricultural Ditch Company (COAg), and Farmers’ High Line Ditch Company (FHL). 4.1.2.LCC and COAg Carriage and Maintenance Agreement: Under a carriage and maintenance agreement with the LCC and COAg, Thornton paid approximately $122,000 for its share of operating expenses. 4.1.3.FHL Carriage Agreement: Under a carriage agreement with FHL, Thornton paid approximately $1,200 for the right to use excess capacity in the ditch. 4.1.4. Henrylyn Maintenance

15

Payment: Payments were made annually to the Henrylyn Reservoir and Irrigation District totaling $40,000 to meet Thornton’s commitments under its agreements with that company. 4.1.5. Standley Lake Operating Committee: As a member of the Standley Lake Operating Committee, Thornton is responsible for a third of operating and maintenance costs involving Standley Lake. During the relevant diligence period Thornton paid approximately $738,000. 4.1.6. Burlington Diversion Rehab:This project is to rehabilitate Thornton’s diversion facility from the Burlington Ditch. Approximately $330,000 has been spent to date. 4.1.7. Gravel Lakes Rip Rap: Thornton designed and installed rip rap protection at eroding slopes on several gravel lakes, which are integrated components of the Subject Water Rights at a cost of approximately $498,000. 4.1.8. Gravel Lakes Coordination and Planning: Thornton spent approximately $50,000 during the diligence period to perform general engineering and design services associated with Thornton’s gravel lakes reservoirs. 4.1.9. Wes Brown Water Treatment Plant (WBWTP) Projects: The Subject Water Rights can be treated at WBWTP prior to being distributed to Thornton customers. During the diligence period, the several projects occurred at the WBWTP including membrane replacement, tank repairs, and process improvements. In excess of $9 million was spent on these projects. 4.1.10. Thornton Water Treatment Plant (TWTP) Projects: The Subject Water Rights can be treated at TWTP prior to being distributed to Thornton customers. During the diligence period, Thornton spent over $43million toward the replacement of the aging Thornton Water Treatment Plant for land acquisition, pilot testing, facility planning and design, construction of the plant, and a new solids pipeline from the TWTP to the WBWTP. 4.1.11. Water Court: Thornton has actively participated in water court proceedings to protect the water rights decreed in Case No. 92CW164. Legal and engineering costs incurred relating to the protection of Thornton’s Clear Creek and South Platte River water rights portfolio, including the Subject Water Rights during the diligence period were approximately $835,000. 5.Names and addresses of owners of land upon which new diversion or storage structures will be built, and owners of existing structures which may require modification: 5.1. South Dahlia Pit Reservoir and South Dahlia Pit Reservoir Outlet, Applicant. 5.2. Burlington Ditch, Burlington Ditch Reservoir and Land Company, 80 South 27th Street, Brighton, Colorado 80601.5.3. Thornton’s Proposed 88th Avenue South Platte Pump Station, Alternative 1, Applicant. 5.4. Thornton’s Proposed 88th Avenue South Platte Pump Station, Alternative 2, Applicant. 5.5. Thornton’s Proposed 88th Avenue South Platte Pump Station, Alternative 3, Adams County, 4430 South Adams County Parkway, Brighton, Colorado 80601. 6.If claim to make absolute. Not applicable. WHEREFORE, Thornton respectfully requests that this Court enter an order finding the facts as set forth above, finding that Applicant has exercised reasonable diligence in the development of the remaining conditional water rights for the water rights which are the subject of this Application, continuing such rights in full force and effect for a period of six years after entry of the Court’s decree herein; and for such other and further relief as this Court deems just and proper in the premises. 14 pages. 19CW3069 Fullmer Cattle Company, C/O Zeb Fullmer and Que Fullmer, 3200 S. Highway 27, Syracuse, KS 37878. Please send all future correspondence and pleadings to: Bradley C. Grasmick and Ryan M. Donovan, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534, (970) 622-8181. APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY SOURCE AND FOR APPROVAL OF PLAN FOR AUGMENTATION, in WELD COUNTY. 2. Summary of Application. Applicant seeks to quantify not-nontributary Laramie-Fox Hills groundwater underlying Applicant’s Property in Weld County, Colorado, as defined below, water rights to withdraw such water from wells located on Applicant’s Property, and approval of a plan for augmentation. Application for Underground Water Rights. 3. Applicant’s Property. Applicant owns 288.29 acres located in the E1/2 of Section 32, Township 4 North, Range 64 West of the 6th P.M. in Weld County, Colorado. See attached Exhibit A for a general location map of Applicant’s Property. 4. Water Source. Not-Nontributary groundwater to be withdrawn from the Laramie-Fox Hills aquifer underlying Applicant’s Property. 5. Description of Wells to be Used to Withdraw the Underground Water Rights Claimed in this Application. Applicant seeks approval to withdraw not-nontributary groundwater from the Laramie-Fox Hills aquifer underlying Applicant’s Property from the following wells (collectively, the “Fullmer Wells”): 5.1 Well Permit No.: 30585-A 5.1.1 Location: SE1/4 SE1/4 of Section 32, Township 4 North, Range 64

16

West of the 6th P.M. in Weld County, Colorado. 5.1.2. Date Well Constructed: April 5, 1974. 5.1.3 Depth: 270 feet. 5.1.4 Anticipated Pumping Rate: 50 gpm. 5.1.5 Use: Livestock and domestic. 5.1.6 Remarks: Well Number 30585 was originally constructed in the SE1/4 NE1/4 of Section 32, Township 4 North, Range 64 West of the 6th P.M. in Weld County, Colorado on May 4, 1967, but was relocated approximately 300 feet to the south to the location described in 5.1.1 above pursuant to Well Permit No. 30585-A on April 25, 1974. 5.2 Well Permit No.: 287450 5.2.1 Location: NW1/4 SE1/4 of Section 32, Township 4 North, Range 64 West of the 6th P.M. in Weld County, Colorado. 5.2.2 Date Well Constructed: September 30, 1969. 5.2.3 Depth: 234 feet. 5.2.4. Anticipated Pumping Rate: 15 gpm. 5.2.5 Use: Drinking and sanitary uses in a commercial business. 5.3 Well Permit No.: 607 5.3.1 Location: SE1/4 NE1/4 of Section 32, Township 4 North, Range 64 West of the 6th P.M. in Weld County, Colorado. 5.3.2 Date Well Constructed: December 21, 1957. 5.3.3 Depth: 240 feet. 5.3.4 Anticipated Pumping Rate: 25 gpm. 5.3.5 Use: Domestic. 5.4 Well Permit No.: 287511 5.4.4 Location: SW1/4 SE1/4 of Section 32, Township 4 North, Range 64 West of the 6th P.M. in Weld County, Colorado. 5.4.2 Date Well Constructed: Permit No. 287511 is a replacement permit for Well Permit No. 107562-A 5.4.3 Depth: 245 feet. 5.4.4 Anticipated Pumping Rate: 15 gpm. 5.4.5 Use: Fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not more than one (1) acre of home gardens and lawn. 5.5 Well Permit No.: 293468. 5.5.1 Location: NW1/4 NE1/4 Section 32, Township 4 North, Range 64 West of the 6th P.M. in Weld County, Colorado. 5.5.2 Date Well Constructed: July 26, 2014. 5.5.3 Depth: 300 feet. 5.5.4 Anticipated Pumping Rate: 15 gpm. 5.5.5 Use: Drinking and sanitary uses in a commercial business. 5.5.6 Future Wells Constructed on Applicant’s Property. Applicant requests that it be permitted to withdraw the full legal entitlement from the Laramie-Fox Hills aquifer underlying Applicant’s Property through any combination of wells, should additional wells be approved in the future and provided such wells are operated in accordance with the terms of the decree entered in this application. 6. Estimated Total Amount of Not-nontributary Laramie-Fox Hills Groundwater Available. Applicant requests a vested right for the withdrawal of all legally available groundwater in the Laramie-Fox Hills aquifer underlying Applicant’s Property. Applicant estimates a total of 7,780 acre-feet of Laramie-Fox Hills groundwater is available underlying Applicant’s Property. Applicant shall withdraw such groundwater on the basis of an aquifer life of one hundred years pursuant to C.R.S. 37-90-137(4)(b)(I). Applicant reserves the right to revise the total amount of not-nontributary Laramie-Fox Hills groundwater underlying Applicant’s Property and the annual amount to be withdrawn, as well as the right to revise the proposed uses, neither of which shall require an amendment to this Applicant or republishing of the same. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION 7. Structures to be Augmented. The Fullmer Wells described in 5.1 through 5.6 above. 8. Water Rights to be Used for Augmentation. 8.1 Class D Contract with Central Colorado Water Conservancy District. Applicant has entered into a Class D contract with the Central Colorado Water Conservancy District (Central) pursuant to which Central will provide augmentation water to Applicant. The augmentation water being provided by Central will be water from the following sources owned or leased by Central and available for augmentation use, as listed in Exhibit B. 8.2 Future Sources. By this Application, Applicant seeks approval to add water rights they acquire by purchase or lease to be used as replacement sources for this plan for augmentation. 9. Plan for Augmentation. The purpose of this plan is to replace depletions associated with the withdrawal of not-nontributary Laramie-Fox Hills Water aquifer as described herein pursuant to C.R.S. 37-90-139(9)(c.5). Applicant estimates that during the 100-year pumping period, annual depletions will be equal to four percent (4%) of annual pumping. Following the cessation of the 100-year pumping period, Applicant estimates that actual stream depletions from prior pumping will reach a maximum augmentation obligation of 6.5 acre-feet per year, depending on actual pumping by the Fullmer Wells during the pumping period. Augmentation water provided pursuant to this plan for augmentation shall be delivered to the South Platte River. 10. Name and Address of Owners of Structures: Applicant owns the structures and the land upon which the structures are located. 6 pages, 2 exhibits.

17

19CW3070, Virgil Lee Brown and Susana Brown, 1145 E. Highway 105, Monument, CO 80132 (James J. Petrock, Petrock Fendel Poznanovic, 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 ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DAWSON AND DENVER AQUIFERS, EL PASO COUNTY. 5 acres located in the SE1/4NW1/4 of Section 17, T11S, R66W of the 6th P.M., El Paso County, as described and shown on Attachment A hereto ("Subject Property"). Source of Water Rights: The Dawson and Denver aquifers are not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Dawson: 4.1 acre-feet, Denver: 4.5 acre-feet, Arapahoe: 2.2 acre-feet, Laramie-Fox Hills: 1.4 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: Approximately 1.2 acre-feet per year for 300 years of Dawson aquifer groundwater as requested herein. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. The Dawson aquifer groundwater will be used on the Subject Property for in house use in two residences (0.6 acre-feet total/0.3 acre-feet per residence), irrigation of 8500 square-feet of lawn, garden, and trees (0.6 acre-feet), and stockwatering of up to 8 large domestic animals (0.01 acre-feet), through existing well Permit No. 7287-A, and an additional well if required. Applicants reserve the right to amend the amounts and values without amending the application or republishing the same. Sewage treatment for inhouse use will be provided by non-evaporative septic systems 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. Return flows accrue to the South Platte River via Cherry Creek and those return flows are sufficient to replace total 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). 19CW3071 THE CITY OF FORT COLLINS, c/o John Stokes, Director of Natural Areas Department, and Justin Fredrickson, Natural Areas Department Technician II, 1745 Hoffman Mill Road (80524), P.O. Box 580, Fort Collins, CO 80522. Please direct all correspondence concerning this Application to: Stuart B. Corbridge, Esq., Vranesh and Raisch, LLP, 5303 Spine Road, Suite 202, Boulder, CO 80301 and Eric R. Potyondy, Esq., Fort Collins City Attorney’s Office, 300 LaPorte Avenue, Fort Collins, CO 80521. APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE IN PART IN LARIMER COUNTY. 2. Names of structures: This is the first application for findings of diligence or to make absolute for the surface and underground water rights originally decreed in Case No. 2009CW273, Water Court, Water Division 1 (hereinafter the “Soapstone Water Rights”). A. Surface water right structures: Graves Creek Spring Northeast, Graves Creek Spring Northwest, Stateline East Spring, Graves Creek Spring South, Spottlewood South Spring, Brannigan Central Spring, Rawhide South Spring, Rawhide Central Spring, Round Butte East Spring, Mountain Dam Spring, Canyon West Spring, and Bear House Spring B. Underground water right structures: Roman East Well, Roman Southwest Well, Roman West Well, Bernard South Well, and North Lot Well 3. Conditional water rights: A. The following water rights were originally decreed in Case No. 09CW273, decree entered April 4, 2013 (“09CW273 Decree”). The approximate location of each water right/structure is shown on the map attached as Exhibit 1. B. Surface water rights: (1) Graves Creek Spring Northeast (a) Legal description: SW1/4 NE1/4 of Sec. 21, T12N, R68W, 6th P.M., UTM Northing 4538180, UTM Easting 499347, Zone 13. Points were not averaged. (b) Source: Natural Spring (c) Date of Appropriation: December 30, 2009 (d) Amount: 10 gallons per minute (“gpm”), conditional, up to a maximum annual volume of 6.9 acre-feet. (e) Use: Stockwatering for grazing operations. (2) Graves Creek Spring Northwest (a) Legal description: SW1/4 NW1/4 of Sec. 21, T12N, R68W, 6th P.M., UTM

18

Northing 4538316, UTM Easting 498577, Zone 13. Points were not averaged. (b) Source: Natural Spring (c) Date of Appropriation: December 30, 2009 (d) Amount: 10 gpm, conditional, up to a maximum annual volume of 6.9 acre-feet. (e) Use: Stockwatering for grazing operations. (3) Stateline East Spring (a) Legal description: NE1/4 NE1/4 of Sec. 20, T12N, R68W, 6th P.M., UTM Northing 4538508, UTM Easting 497985, Zone 13. Points were not averaged. (b) Source: Natural Spring (c) Date of Appropriation: December 30, 2009 (d) Amount: 10 gpm, conditional, up to a maximum annual volume of 6.9 acre-feet. (e) Use: Stockwatering for grazing operations. (4) Graves Creek Spring South (a) Legal description: SW1/4 NE1/4 of Sec. 28, T12N, R68W, 6th P.M., UTM Northing 4536447, UTM Easting 499529, Zone 13. Points were not averaged. (b) Source: Graves Creek (c) Date of Appropriation: December 30, 2009 (d) Amount: 10 gpm, conditional, up to a maximum annual volume of 7.7 acre-feet. (e) Use: Stockwatering for grazing operations. (5) Spottlewood South Spring (a) Legal description: NE1/4 NE1/4 of Sec. 32, T12N, R68W, 6th P.M., UTM Northing 4535449, UTM Easting 498244, Zone 13. Points were not averaged. (b) Source: Spottlewood Creek (c) Date of Appropriation: December 30, 2009 (d) Amount: 10 gpm, conditional, up to a maximum annual volume of 7.7 acre-feet. (e) Use: Stockwatering for grazing operations. (6) Brannigan Central Spring (a) Legal description: NW1/4 SE1/4 of Sec. 30, T12N, R68W, 6th P.M., UTM Northing 4536401, UTM Easting 496051, Zone 13. Points were not averaged. (b) Source: Unnamed tributary to Sand Creek (c) Date of Appropriation: December 30, 2009 (d) Amount: 10 gpm, conditional, up to a maximum annual volume of 7.9 acre-feet. (e) Use: Stockwatering for grazing operations. (7) Rawhide South Spring (a) Legal description: NE1/4 NW1/4 of Sec. 15, T11N, R69W, 6th P.M., UTM Northing 4530529, UTM Easting 491131, Zone 13. Points were not averaged. (b) Source: Natural Spring (c) Date of Appropriation: December 30, 2009 (d) Amount: 10 gpm conditional, up to a maximum annual volume of 4.6 acre-feet. (e) Use: Stockwatering for grazing operations. (8) Rawhide Central Spring (a) Legal description: SE1/4 SE1/4 of Sec. 10, T11N, R69W, 6th P.M., UTM Northing 4530886, UTM Easting 491841, Zone 13. Points were not averaged. (b) Source: Natural Spring (c) Date of Appropriation: December 30, 2009 (d) Amount: 10 gpm conditional, up to a maximum annual volume of 4.6 acre-feet. (e) Use: Stockwatering for grazing operations. (9) Round Butte East Spring (a) Legal description: SE1/4 NE1/4 of Sec. 19, T11N, R68W, 6th P.M., UTM Northing 4528308, UTM Easting 496565, Zone 13. Points were not averaged. (b) Source: Natural Spring (c) Date of Appropriation: December 30, 2009 (d) Amount: 5 gpm conditional, up to a maximum annual volume of 1 acre-foot. (e) Use: Stockwatering for grazing operations. (10) Mountain Dam Spring (a) Legal description: NW1/4 NE1/4 of Sec. 19, T11N, R68W, 6th P.M., UTM Northing 4529083, UTM Easting 496142, Zone 13. Points were not averaged. (b) Source: Natural Spring (c) Date of Appropriation: December 30, 2009 (d) Amount: 5 gpm conditional, up to a maximum annual volume of 1 acre-foot. (e) Use: Stockwatering for grazing operations. (11) Canyon West Spring (a) Legal description: SW1/4 NW1/4 of Sec. 20, T12N, R69W, 6th P.M., UTM Northing 4538473, UTM Easting 487377, Zone 13. Points were not averaged. (b) Source: Natural Spring (c) Date of Appropriation: December 31, 2004, for 0.3 gpm; December 30, 2009, 2.7 gpm (d) Amount: 0.3 gpm, absolute; 2.7 gpm conditional, up to a maximum annual volume of 2.4 acre-feet. (e) Use: Stockwatering for grazing operations. (12) Bear House Spring (a) Legal description: NE1/4 SE1/4 of Sec. 26, T12N, R69W, 6th P.M., UTM Northing 4536220, UTM Easting 493481, Zone 13. Points were not averaged. (b) Source: Natural Spring (c) Date of Appropriation: December 31, 2004, for 0.4 gpm; December 30, 2009, for 2.6 gpm (d) Amount: 0.4 gpm, absolute; 2.6 gpm conditional, up to a maximum annual volume of 2.4 acre-feet. (e) Use: Stockwatering for grazing operations. C. Underground water rights: (1) Roman East Well (Permit No. 75761) (a) Legal description: NW1/4 SW1/4 of Sec. 2, T11N, R69W, 6th P.M., UTM Northing 4533106, UTM Easting 492226, Zone 13. Points were not averaged. (b) Source: Groundwater (c) Date of Appropriation: July 9, 1974 (d) Amount: 6 gpm absolute; 6 gpm conditional, up to a maximum annual volume of 4.6 acre-feet. (e) Use: Stockwatering for grazing operations. (f) Depth of well: 52 feet (g) This well is operated pursuant to C.R.S. § 37-92-602, and is not subject to any augmentation requirements. (2) Roman Southwest Well (Permit No. 84755) (a) Legal description: SW1/4 SW1/4 of Sec. 3, T11N, R69W, 6th P.M., UTM Northing 4532433, UTM Easting 490400, Zone 13. Points were not averaged. (b) Source: Groundwater (c) Date of Appropriation: June 14, 1976 (d) Amount: 6 gpm absolute; 6 gpm conditional, up to a maximum annual volume of 4.6 acre-feet.

19

(e) Use: Stockwatering for grazing operations. (f) Depth of well: 65 feet (g) This well is operated pursuant to C.R.S. § 37-92-602, and is not subject to any augmentation requirements. (3) Roman West Well (a) Legal description: NE1/4 SE1/4 of Sec. 4, T11N, R69W, 6th P.M., UTM Northing 4533101, UTM Easting 489993, Zone 13. Points were not averaged. (b) Source: Groundwater (c) Date of Appropriation: December 31, 2004 (d) Amount: 2.6 gpm absolute; 10 gpm conditional, up to a maximum annual volume of 2.5 acre-feet. (e) Use: Stockwatering for grazing operations. (f) Depth of well: 50 feet (g) This well is operated pursuant to C.R.S. § 37-92-602, and is not subject to any augmentation requirements (4) Bernard South Well (Permit No. 197511) (a) Legal description: SW1/4 SE1/4 of Sec. 14, T11N, R69W, 6th P.M., UTM Northing 4529363, UTM Easting 492929, Zone 13. Points were not averaged. (b) Source: Groundwater (c) Date of Appropriation: July 22, 1996 (d) Amount: 4 gpm absolute; 11 gpm conditional, up to a maximum annual volume of 3.5 acre-feet. (e) Use: Stockwatering for grazing operations. (f) Depth of well: 49 feet (g) This well is operated pursuant to C.R.S. § 37-92-602, and is not subject to any augmentation requirements. (5) North Lot Well (Permit No. 11755) (a) Legal description: NE1/4 SW1/4 of Sec. 26, T12N, R69W, 6th P.M., UTM Northing 4536396, UTM Easting 492440, Zone 13. Points were not averaged. (b) Source: Groundwater (c) Date of Appropriation: May 31, 1962 (d) Amount: 1 gpm absolute; 14 gpm conditional, up to a maximum annual volume of 1.5 acre-feet. (e) Use: Stockwatering for grazing operations. (f) Depth of well: 207 feet (g) This well is operated pursuant to C.R.S. § 37-92-602, and is not subject to any augmentation requirements. 4. Absolute Claims: During the diligence period (running from April 5, 2013, through the date of filing of this application) Fort Collins diverted water at the structures described below at the listed flow rates, and put the water to the decreed beneficial use of stockwatering in accordance with the requirements of the 09CW273 Decree. Fort Collins thus claims that the following water rights and the identified rates have been made absolute: A. Graves Creek Spring Northwest (1) Flow Rate diverted: 1.5 gpm (2) Date of Measurement: June 27, 2018 (3) Absolute Claim: 1.5 gpm B. Stateline East Spring (1) Flow Rate diverted: 5.56 gpm (2) Date of Measurement: September 3, 2018 (3) Absolute Claim: 5.56 gpm C. Graves Creek Spring South (1) Flow Rate diverted: 0.93 gpm (2) Date of Measurement: September 3, 2018 (3) Absolute Claim: 0.93 gpm D. Spottlewood South Spring (1) Flow Rate diverted: 4.2 gpm (2) Date of Measurement: September 3, 2018 (3) Absolute Claim: 4.2 gpm E. Brannigan Central Spring (1) Flow Rate diverted: 10.0 gpm (2) Date of Measurement: August 1, 2018 (3) Absolute Claim: 10.0 gpm F. Rawhide South Spring (1) Flow Rate diverted: 10.0 gpm (2) Date of Measurement: February 1, 2019 (3) Absolute Claim: 10.0 gpm G. Round Butte East Spring (1) Flow Rate diverted: 2.94 gpm (2) Date of Measurement: September 3, 2018 (3) Absolute Claim: 2.94 gpm H. Mountain Dam Spring (1) Flow Rate diverted: 0.37 gpm (2) Date of Measurement: August 1, 2018 (3) Absolute Claim: 0.37 gpm I. Canyon West Spring (1) Flow Rate diverted: 0.438 gpm (2) Date of Measurement: June 15, 2016 (3) Absolute Claim: 0.138 gpm (0.3 gpm previously made absolute) J. Bear House Spring (1) Flow Rate diverted: 0.835 gpm (2) Date of Measurement: September 3, 2018 (3) Absolute Claim: 0.435 gpm (0.4 gpm previously made absolute) K. North Lot Well (1) Flow Rate diverted: 1.968 gpm (2) Date of Measurement: June 25, 2018 (3) Absolute Claim: 0.968 gpm (1.0 gpm previously made absolute) 5. Activities undertaken by Fort Collins toward completion of the appropriations and application of water to beneficial use during the diligence period, including expenditures: A. Pursuant to paragraph 12 of the 09CW273 Decree, the Soapstone Water Rights collectively comprise an integrated system of water rights and structures. In accordance with C.R.S. § 37-92-301(4)(b), work performed and effort or costs expended on any of the water rights or structures in the integrated system shall be considered in finding that reasonable diligence has been shown in the development of the water rights for all features of the system. During the diligence period Fort Collins engaged in activities related to the Soapstone Water Rights, including those identified in this Paragraph 5. B. During each year of the diligence period, Fort Collins conducted cattle grazing operations on the pastures shown on the map attached as Exhibit 1. As described in Paragraph 4, above, these grazing operations involved the diversion and beneficial use of certain of the Soapstone Water Rights, and included development and use of the following structures: 1) Mountain Dam Spring (2013); 2) Rawhide South Spring (2015); 3) Graves Creek Spring Northwest (2016); and 4) Round Butte East Spring (2017). C. Fort Collins also conducted maintenance or additional development work on the following structures during the diligence period: 1) Brannigan Central Spring; 2) Graves Creek Spring South; 3) Stateline East

20

Spring; 4) Rawhide South Spring; and 5) Roman East Well. D. Fort Collins incurred costs related to its grazing operations on the Soapstone Prairie Natural Area and the development and use of the Soapstone Water Rights. These costs were at least $170,000.00 during the diligence period, and included expenditures for stock tanks, concrete, poly pipe and other plumbing materials related to the water structures, fencing and other materials for the grazing operations, equipment rentals, and various maintenance items. In addition, Fort Collins incurred costs for staff time for work on the Soapstone Water Rights and for the grazing operations that utilize the Soapstone Water Rights. E. In 2015 Fort Collins partnered with Colorado State University and Larimer County to introduce the Laramie Foothills Bison Conservation Herd to pastures on the Soapstone Prairie Natural Area that utilize the Soapstone Water Rights. This herd is onsite year-round and provides valuable Yellowstone genetics to the greater bison recovery effort in the United States. F. During the diligence period Fort Collins participated in various water court cases and proceedings before the State Engineer’s Office as an opposer to monitor the impact of the rights claimed in the cases and protect the Soapstone Water Rights from injury, including the following: Case Nos. 13CW3015, 13CW3037, 13CW3071, 13CW3141, 13CW3159, 13CW3166, 13CW3186, 14CW3008, 14CW3144, 15CW3095, 15CW3157, 15CW3162, 15CW3163, 15CW3167, 15CW3169, 15CW3172, 16SE04, 16CW3073, 16CW3093, 16CW3170, 16CW3172, 16CW3173, 16CW3174, 16CW3194, 16CW3195, 16CW3196, 17CW3057, 17CW3094, 17CW3160, 17CW3194, 17CW3198, 17CW3199, 17CW3203, 18CW3064, 18CW3076, and 18CW3126. Fort Collins, through its Natural Areas department, also filed a significant change of water right, exchange, and plan for augmentation application in Case No. 14CW3176, in which case it obtained a decree. Participation in these cases resulted in costs to Fort Collins, including court filing fees and fees for outside legal counsel and engineering consultants, as well as in-house legal and staff time and resources. 6. Fort Collins has a continuing need for all of the Soapstone Water Rights in the full flow rates decreed, and maintains the intent to develop and put these water rights to the decreed beneficial use at the flow rates identified in the 09CW273 Decree, up to the relevant volumetric limits. 7. Names and addresses of owners of land upon which structures are or will be located or upon which water is or will be stored, including any modifications to the existing storage pool: All of the water rights and structures listed in Paragraph 3 of this application are located on property owned by Fort Collins. WHEREFORE, Fort Collins seeks entry of a decree that: 1) makes the water rights set forth in Paragraph 4 absolute for the decreed beneficial use at the identified absolute flow rates; 2) includes findings of reasonable diligence for the remaining conditional water rights or portions thereof for the Soapstone Water Rights; and 3) continues these conditional rights for another diligence period and confirms Fort Collins’ right to complete the appropriations for the water rights described in the 09CW273 Decree and divert water under those rights at the full flow rates and in accordance with the requirements of that decree. To the extent the Court determines that the absolute claims cannot be approved, Fort Collins seeks findings of reasonable diligence with respect to those claims and continuation of the rights as conditional for another diligence period. (16 pgs., 1 Exhibit) 19CW3072 THE CITY OF FORT COLLINS, c/o Jason Graham, Director of Plant Operations, and Jennifer Ward, Lead Technician, Water Reclamation and Biosolids Division, P.O. Box 580, 3036 Environmental Drive, Fort Collins, CO 80525. Please direct all correspondence concerning this Application to: Stuart B. Corbridge, Esq., Vranesh and Raisch, LLP, 5303 Spine Road, Suite 202, Boulder, CO 80301 and Eric R. Potyondy, Esq., Fort Collins City Attorney’s Office, 300 LaPorte Avenue, Fort Collins, CO 80521. APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHTS ABSOLUTE IN PART IN LARIMER AND WELD COUNTIES. 2. Names of Structures: This is the first application for findings of diligence or to make absolute for the surface and underground water rights originally decreed in Case No. 09CW274, Water Court, Water Division 1 (hereinafter the “MSR Water Rights”). A. The entire flow rates for the following water rights/structures were decreed as absolute in Case No. 09CW274, and those structures and flow rates are not at issue in this application: (1) Spottlewood Creek Right, 20 gallons per minute (“gpm”) (2) Meadow Springs Ranch Well A, 15 gpm (3) Meadow Springs Ranch Well G, 10 gpm In addition, portions of the flow rates decreed to certain of the other MSR Water Rights were decreed as partially absolute, as described in Paragraph 3,

21

below. Fort Collins maintains its intent to utilize the absolute amounts previously decreed to the MSR Water Rights up to the volume limits identified in Case No. 09CW274. B. The following structures identified in the decree entered in Case No. 09CW274 are involved in this application: (1) Surface water right structures: North Butte Spring (2) Underground water right structures: Meadow Springs Ranch Well B, Meadow Springs Ranch Well C, Meadow Springs Ranch Well D, Meadow Springs Ranch Well E, Meadow Springs Ranch Well F, and Meadow Springs Ranch Well H 3. Conditional water rights: A. The following water rights were originally decreed in Case No. 09CW274, decree entered April 4, 2013 (“09CW274 Decree”). The approximate location of each water right/structure is shown on the map attached as Exhibit 1. B Surface water rights: (1) North Butte Spring (a) Legal description: SE1/4 NE1/4 of Sec. 8, T11N, R68W, 6th P.M., UTM Northing 4531965, UTM Easting 498143, Zone 13. Points were not averaged. (b) Source: Natural spring (c) Date of Appropriation: December 30, 2009 (d) Amount: 25 gpm, conditional, up to a maximum annual volume of 4.6 acre-feet (e) Use: Stockwatering for grazing operations C. Underground water rights: (1) Meadow Springs Ranch Well B (Permit No. 196630) (a) Legal description: SE1/4 SE1/4 of Sec. 13, T11N, R68W, 6th P.M., 180 feet from the south section line and 883 feet from the east section line of Section 13. (b) Source: Groundwater (c) Date of Appropriation: December 30, 2009 (d) Amount: 15 gpm, conditional, up to a maximum annual volume of 2.7 acre-feet (e) Use: Stockwatering for grazing operations (f) Depth: 120 feet (g) This well is operated pursuant to C.R.S. § 37-92-602, and is not subject to any augmentation requirements. (2) Meadow Springs Ranch Well C (Permit No. 158279) (a) Legal description: SW1/4 SE1/4 of Sec. 24, T11N, R68W, 6th P.M., 4,490 feet from the north section line and 3,096 feet from the west section line of Section 24. (b) Source: Groundwater (c) Date of Appropriation: July 23, 1990 (d) Amount: 7 gpm, absolute; 8 gpm, conditional, up to a maximum annual volume of 2.7 acre-feet (e) Use: Stockwatering for grazing operations (f) Depth: 41 feet (g) This well is operated pursuant to C.R.S. § 37-92-602, and is not subject to any augmentation requirements. (3) Meadow Springs Ranch Well D (Permit No. 13573) (a) Legal description: SW1/4 NW1/4 of Sec. 26, T11N, R68W, 6th P.M., UTM Northing 4526975, UTM Easting 501767, Zone 13. Points were not averaged. (b) Source: Groundwater (c) Date of Appropriation: December 30, 2009 (d) Amount: 3 gpm, conditional, up to a maximum annual volume of 2.4 acre-feet (e) Use: Stockwatering for grazing operations (f) Depth: 101 feet (g) This well is operated pursuant to C.R.S. § 37-92-602, and is not subject to any augmentation requirements. (4) Meadow Springs Ranch Well E (Permit No. 116711) (a) Legal description: SE1/4 SE1/4 of Sec. 34, T11N, R68W, 390 feet from the south section line and 1,040 feet from the east section line of Section 34. (b) Source: Groundwater (c) Date of Appropriation: September 18, 1980 (d) Amount: 7 gpm, absolute; 8 gpm, conditional, up to a maximum annual volume of 3.8 acre-feet (e) Use: Stockwatering for grazing operations (f) Depth: 195 feet (g) This well is operated pursuant to C.R.S. § 37-92-602, and is not subject to any augmentation requirements. (5) Meadow Springs Ranch Well F (Permit No. 1027) (a) Legal description: NE1/4 SW1/4 of Sec. 35, T11N, R68W, 6th P.M., UTM Northing 4524967, UTM Easting 502173, Zone 13. Points were not averaged. (b) Source: Groundwater (c) Date of Appropriation: December 30, 2009 (d) Amount: 15 gpm, conditional, up to a maximum annual volume of 2.2 acre-feet (e) Use: Stockwatering for grazing operations (f) Depth: 250 feet (g) This well is operated pursuant to C.R.S. § 37-92-602, and is not subject to any augmentation requirements. (6) Meadow Springs Ranch Well H (Permit No. 116710) (a) Legal description: NW1/4 NW1/4 of Sec. 1, T10N, R68W, 6th P.M., UTM Northing 4523749, UTM Easting 502585, Zone 13. Points were not averaged. (b) Source: Groundwater (c) Date of Appropriation: September 18, 1980 (d) Amount: 5 gpm, absolute; 10 gpm, conditional, up to a maximum annual volume of 2.7 acre-feet (e) Use: Stockwatering for grazing operations (f) Depth: 291 feet (g) This well is operated pursuant to C.R.S. § 37-92-602, and is not subject to any augmentation requirements. 4. Absolute Claims: During the diligence period (running from April 5, 2013, through the date of filing of this application) Fort Collins diverted water at the structures described below at the listed flow rates, and put the water to the decreed beneficial use of stockwatering in accordance with the requirements of the 09CW274 Decree. Fort Collins thus claims that the following water rights and the identified rates have been made absolute: A. North Butte Spring (1) Flow Rate diverted: 3.71 gpm (2) Date of Measurement: This flow rate was used during the 2017 grazing season. (3) Absolute Claim: 3.71 gpm B. Meadow Springs Ranch Well B (1) Flow Rate diverted: 12.0 gpm (2) Date of Measurement: This flow rate was used during the 2018 grazing season.

22

(3) Absolute Claim: 12.0 gpm C. Meadow Springs Ranch Well C (1) Flow Rate diverted: 15.0 gpm (2) Date of Measurement: This flow rate was used during the 2018 grazing season. (3) Absolute Claim: 8.0 gpm (7.0 gpm previously made absolute) 5. Activities undertaken by Fort Collins toward completion of the appropriations and application of water to beneficial use during the diligence period, including expenditures: A. Pursuant to paragraph 12 of the 09CW274 Decree, the MSR Water Rights collectively comprise an integrated system of water rights and structures. In accordance with C.R.S. § 37-92-301(4)(b), work performed and effort or costs expended on any of the water rights or structures in the integrated system shall be considered in finding that reasonable diligence has been shown in the development of the water rights for all features of the system. During the diligence period Fort Collins engaged in activities related to the MSR Water Rights, including those identified in this Paragraph 5. B. During each year of the diligence period, Fort Collins conducted cattle grazing operations on the pastures shown on the map attached as Exhibit 1. As described in Paragraph 4, above, these grazing operations involved the diversion and beneficial use of certain of the MSR Water Rights. C. Fort Collins also did work on various water diversion structures and other water delivery infrastructure, and work related to its grazing and biosolids operations including, but not limited to: installation of solar systems for several wells, installation of new stock tanks, trenching and installation and repair of waterlines for the Meadow Springs Ranch pastures, other maintenance and upgrades of existing well structures, and installation and repair of pasture fencing. D. Fort Collins incurred costs related to the above work and its grazing operations on the Meadow Springs Ranch properties and the development and use of the MSR Water Rights. These costs were at least $83,000.00 during the diligence period, and included: expenditures for stock tanks, concrete, poly pipe and other plumbing materials related to the water diversion and delivery structures, materials for solar systems, fencing and other materials for the grazing operations, equipment rentals, and various maintenance items. In addition Fort Collins incurred costs for staff time for work on the MSR Water Rights and for the grazing operations that utilize the MSR Water Rights. E. During the diligence period Fort Collins participated in various water court cases and proceedings before the State Engineer’s Office as an opposer to monitor the impact of the rights claimed in the cases and protect the MSR Water Rights from injury, including the following: Case Nos. 13CW3015, 13CW3037, 13CW3071, 13CW3141, 13CW3159, 13CW3166, 13CW3186, 14CW3008, 14CW3144, 15CW3095, 15CW3157, 15CW3162, 15CW3163, 15CW3167, 15CW3169, 15CW3172, 16SE04, 16CW3073, 16CW3093, 16CW3170, 16CW3172, 16CW3173, 16CW3174, 16CW3194, 16CW3195, 16CW3196, 17CW3057, 17CW3094, 17CW3160, 17CW3194, 17CW3198, 17CW3199, 17CW3203, 18CW3064, 18CW3076, and 18CW3126. Participation in these cases resulted in costs to Fort Collins including court filing fees and fees for outside legal counsel and engineering consultants, as well as in-house legal and staff time and resources. 6. Fort Collins has a continuing need for all of the MSR Water Rights in the full flow rates decreed, and maintains the intent to develop and put these water rights to the decreed beneficial uses at the flow rates identified in the 09CW274 Decree, up to the relevant volumetric limits. 7. Names and addresses of owners of land upon which structures are or will be located or upon which water is or will be stored, including any modifications to the existing storage pool: All of the water rights and structures listed in Section 3 of this application are located on property owned by Fort Collins. WHEREFORE, Fort Collins seeks entry of a decree that: 1) makes the water rights set forth in Paragraph 4 absolute for the decreed beneficial use at the identified absolute flow rates; 2) includes findings of reasonable diligence for the remaining conditional water rights or portions thereof for the MSR Water Rights; and 3) continues these conditional rights for another diligence period and confirms Fort Collins’ right to complete the appropriations for the water rights described in the 09CW274 Decree and divert water under those rights at the full flow rates and in accordance with the requirements of that decree. To the extent the Court determines that the absolute claims cannot be approved, Fort Collins seeks findings of reasonable diligence with respect to those claims and continuation of the rights as conditional for another diligence period. (11 pgs., 1 Exhibit)

19CW3073 THE UNITED WATER AND SANITATION DISTRICT and SOUTH WELD HOLDINGS, LLC, IN ADAMS AND WELD COUNTIES (“Applicants”). Robert Lembke, 8301 East Prentice Ave. #100, Greenwood Village, Colorado 80111 and Josh Shipman, 8301 East Prentice Ave.,

23

#100, Greenwood Village, Colorado 80111. Please send all pleadings and correspondence to: Tod J. Smith, Esq., Law Office of Tod J. Smith, LLC, 2919 Valmont Road, Suite 205, Boulder, Colorado 80301, tod@tjs-law.com (Attorney for Applicants). 2. Plan for Augmentation and Substitution in ADAMS AND WELD COUNTIES. 2.1. Purpose of the Plan. Through this Plan for Augmentation and Substitution, the Applicants will provide replacement sources of water and/or substitute water to replace out-of-priority diversions from the Beebe Seep Canal, which diversion will cause out-of-priority depletions to the South Platte River. The Plan for Augmentation and Substitution as further described in this application is referred to as the “Plan.” Out-of-priority water diverted from the Beebe Seep Canal will be delivered to storage in the Highlands Reservoir for use on the Highlands Property located in portions of Sections 29 and 32 of Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado, as depicted on the Map attached as Exhibit A. Water diverted out-of-priority may be replaced from water stored in 70 Ranch Reservoir and Milliken Reservoir as described herein. A depiction of the Plan is attached as Exhibit B. 2.2. Uses. Directly after storage or as a source of augmentation and substitute supply for uses decreed in Case No. 16CW3059, including but not limited to use on lands beneficially owned by South Weld Holdings, LLC, sometimes referred to as the Highlands Property, to whom United has a contractual obligation to provide water for land development for uses including but not limited to municipal, commercial, irrigation, domestic, storage, exchange, augmentation and replacement, recharge, and substitute supply, including, but not limited to: fire protection, irrigation, commercial, recreation, maintenance of storage reserves, stock watering, reclamation, revegetation, water treatment and supply, wastewater treatment, storage for such uses, substitution, and use as a supply or substitute supply for augmentation, replacement (including return flow obligations), exchanges decreed or to be decreed, and substitute supply plans. The Applicants claim the right to divert, re-divert, store, re-use and successively use, and totally consume the water being appropriated herein and use the same to extinction. The volume of water claimed herein is intended to provide water for the claimed beneficial uses and to protect against periods of drought. 2.3. Volume. The maximum volume of out-of-priority water diverted from the Beebe Seep Canal under the Plan will be 2,000 acre-feet annually. 2.4. Rate of Diversion and Discharge. 50 cfs for each diversion point and outlet point claimed below in Paragraph 2.9. 2.5. Source. Out-of-priority water, including but not limited to water arising in, flowing into, accumulating in and accruing to the Beebe Seep Canal, tributary to the South Platte River, including but not limited to natural runoff, drainage, waste, stormwater, wastewater effluent, precipitation, return flows, and seepage water. 2.6. Date of Appropriation. April 17, 2019. 2.7. Lack of Injury. The Applicants will operate the Plan so that it will not injuriously affect vested or decreed water rights to which the Plan is junior. 2.8. How the Plan Was Initiated. The Plan was initiated based upon the posting of notices at the diversion and replacement locations (a copy of the posted notice is attached as Exhibit C); publication of a notice in newspapers of general circulation in Adams and Weld Counties (copies of the published notices are attached as Exhibits D-1 and D-2); the United Board of Directors’ Resolution dated April 16, 2019, approving the filing of this application (attached as Exhibit E); and the execution of an Amendment dated April 16, 2019, to the Water Supply Agreement between United and the Highlands Owners (nominees of the Applicant South Weld Holdings, LLC) dated April 18, 2016. The Applicants have conducted engineering studies to determine the feasibility of constructing Highlands Reservoir, have identified the location of Highlands Reservoir, and have identified the approximate locations of the diversion structures as described in this application. 70 Ranch Reservoir and a portion of Milliken Reservoir have been constructed. 2.9. Diversion Structures. The point(s) of diversion from the Beebe Seep Canal for delivery of water to storage in Highlands Reservoir may be located at one or more of the following locations, all of which divert surface water only: 2.9.1. Highlands Diversion No. 1: In the SW1/4 of the SE1/4, or the NW1/4 of the SE1/4, or the NE1/4 of the SE1/4 of Section 30, Township 1 North, Range 65 West of the 6th P.M. in Weld County, Colorado. A diversion facility on land owned by Public Service Company of Colorado will only be constructed and used by United pursuant to an agreement with the owner. 2.9.2. Highlands Diversion No. 2: In the SE1/4 of the NE1/4 of Section 30, Township 1 North, Range 65 West of the 6th

P.M. in Weld County, Colorado. 2.9.3. Highlands Diversion No. 3: In the SW1/4 of the NW1/4, or the NW1/4 of the NW1/4 of Section 29, Township 1 North, Range 65 West of the 6th P.M. in Weld County, Colorado. 2.9.4. Highlands Diversion No. 4: In the NE1/4 of the NW1/4 of Section 6, Township 1 South,

24

Range 65 West of the 6th P.M. in Adams County, Colorado. 2.9.5. Final locations of diversion points from the Beebe Seep Canal shall be consistent with applicable provisions of the stipulation between the Town of Lochbuie and applicants in Case Nos. 02CW404/03CW442 and 10CW306. 2.10. Location of Highlands Reservoir. Highlands Reservoir will be a lined off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M. in Weld County, Colorado. The current planned capacity of the Reservoir is approximately 4,500 acre-feet. 2.11. Final Design and Locations. The design and locations of the unconstructed diversion facilities in the Beebe Seep Canal and the Highlands Reservoir’s outlet structure have not been finalized to provide distances from section lines and may change. Upon completion of the facilities, the Applicants shall, without amending a decree entered in this case, provide notice of the actual distances from section lines of the relevant facilities. 2.12. Sources of Replacement and/or Substitute Water. The sources of replacement or substitution will be the water rights adjudicated in Case No. 16CW3059, including water stored by United in 70 Ranch Reservoir and Milliken Reservoir. The Applicants also intend to divert and store free river water and to acquire and/or lease additional water supplies in the future for use as a source of replacement or substitute supply for the Plan described herein. To the extent that this future acquired water is legally and physically available, United seeks to allow such sources to serve as replacement or substitute supplies. 2.13. Locations of Replacement and/or Substitute Sources. Water stored by United in: 2.13.1. 70 Ranch Reservoir. Located in the S1/2 of Section 3 and a portion of the NE1/4 of Section 10, all in Township 4 North, Range 63 West of the 6th P.M. in Weld County, Colorado. 70 Ranch Reservoir will make releases through a bi-directional pipeline whose point of release (and diversion) is located on the South Platte River in the NW1/4 of the SE1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M. in Weld County, Colorado. Releases may also be made to the South Platte River through a separate outlet located in the SE1/4 of the SE1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M. in Weld County, Colorado. The diversion structure is a surface diversion. 2.13.2. Milliken Reservoir. Located within a part of Section 2, Township 3 North, Range 67 West and Sections 23, 26, 34, and 35, Township 4 North, Range 67 West of the 6th P.M. in Weld County, Colorado. Milliken Reservoir has several outlets capable of returning water to the South Platte River at the following locations: (1) the NW1/4 of the NW1/4 of Section 35, Township 4 North, Range 67 West of the 6th P.M. in Weld County, Colorado; (2) the SW1/4 of the NE1/4 of Section 26, Township 4 North, Range 67 West of the 6th P.M. in Weld County, Colorado; (3) North Diversion structure located on the South Platte River downstream of the confluence with the St. Vrain River in the NE1/4 of the SW1/4 of Section 26, Township 4 North, Range 67 West of the 6th P.M. in Weld County Colorado; (4) Pump Station No. 1 located in the SW1/4 of the SW1/4 of Section 35, Township 4 North, Range 67 West of the 6th P.M. in Weld County, Colorado; and (5) Pump Station No. 2 located in Section 34, Township 4 North, Range 67 West of the 6th P.M. in Weld County, Colorado near the confluence of the St. Vrain and South Platte Rivers. 2.13.3. The Applicants reserve the right to add additional locations of sources of replacement water pursuant to future applications and water court decrees. 3. Name and Address of the Owners of the Diversion Structures Listed Above. 3.1. Highlands Reservoir will be owned by the Weld Adams Water Development Authority (WAWDA) (8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111). 3.2. Highlands Equities, LLC holds legal title to the land on which Highlands Reservoir will be located as nominee of South Weld Holdings, LLC which holds beneficial title to the land (8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111). 3.3. The proposed point of diversion from the Beebe Seep Canal, described above in paragraph 2.7.1, may be located on land owned by one or more of Edmundson Land, LLC (P.O. Box 932, Brighton, Colorado 80601) and Public Service Company of Colorado (P.O. Box 1979, Denver, Colorado 80201). 3.4. The proposed point of diversion from the Beebe Seep Canal, described above in paragraph 2.7.2, may be located on land owned by one or more of Vicki and David Pelletier (3851 E. Geddes Ave., Centennial, Colorado 80122) and Weld County, Colorado (1150 O St., Greeley, Colorado 80631). 3.5. The proposed point of diversion from the Beebe Seep Canal, described above in paragraph 2.7.3, may be located on land owned by one or more of Len Pettinger (18437 County Road 8, Brighton, Colorado 80603) and Town of Lochbuie, Colorado (703 County Road 37, Brighton, Colorado 80603). 3.6. The proposed point of diversion from the Beebe Seep Canal, described above in paragraph 2.7.4, may be located on land owned by the Mile High Duck Club c/o Brown and Locke P.C. (1720 S. Bellaire St., Ste.

25

405, Denver, Colorado 80222). 3.7. The Beebe Seep Canal is owned by the Farmers Reservoir and Irrigation Company (80 South 27th, Brighton, Colorado 80601). 3.8. WAWDA holds an easement for the 70 Ranch Reservoir and its diversion and outlet facilities and the land underlying the easement is owned by 70 Ranch, LLC (8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111). 3.9. Milliken Reservoir and its diversion and outlet facilities are owned by the United Milliken Reservoir Enterprise, LLC (8301 E. Prentice Ave. Suite 100, Greenwood Village, Colorado, 80111). 4. FRICO By-Law Requirement. On October 3, 2018 the FRICO Board of Directors adopted Amended and Restated By-law Article XVI, paragraph 2, which was approved by the shareholders on November 15, 2018. The relevant portion of the new By-law states: Notice of Proposed Use of Company Structures: Any Stockholder who seeks to include a Company structure, including but not limited to a headgate, diversion structure, canal, lateral, pond, or reservoir, in an application for a water right as defined in the Water Right Determination and Administration Act of 1969, Colorado Revised Statutes §37-92-10 I through §37-92-602, shall provide the Company with notice of the proposed structure to be used and the proposed use of the structure, along with a copy of the application, at least one week prior to the filing of such application with the court. Without waiving any rights or claims United and/or South Weld have or may have to object to, challenge, or adjudicate the validity of this by-law provision, the Applicants have provided notice of this application to FRICO in accordance with the by-law, as was confirmed by FRICO’s counsel on April 22, 2109 (attached as Exhibit F). (The application is 6 pages with 6 exhibits). 19CW3074 Arapahoe County Water and Wastewater Authority (“ACWWA”), c/o Steve Witter, General Manager, 13031 East Caley Avenue, Centennial, Colorado 80111, Telephone: (303) 790-4830. APPLICATION FOR WATER RIGHTS AND PLAN FOR AUGMENTATION AND SUBSTITUTON in ADAMS, ARAPAHOE, DENVER, LARIMER, MORGAN, AND WELD COUNTIES. Please send all pleadings and correspondence to: Brian M. Nazarenus, Esq.; Sheela S. Stack, Esq.; William D. Wombacher, Esq.; Stacy L. Brownhill, Esq.; RYLEY CARLOCK & APPLEWHITE; 1700 Lincoln Street, Suite 3500; Denver, Colorado; 80203. 2. Description of Beebe Seep Canal Water Rights. ACWWA will divert water from the Beebe Seep Canal for recharge or storage at the locations and in the amounts described below (collectively referred to as the “Beebe Seep Canal Water Rights”). The locations are shown on the map attached as Exhibit 1. 2.1. Description of Bowles Seep Water Right. 2.1.1. Name of Structure: Bowles Seep Canal. The Bowles Seep Canal extends approximately 7.4 miles from the NE1/4 of the NE1/4 of Section 6, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado, to the NE1/4 of the SW1/4 of Section 31, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 2.1.2. Location of Diversion Facility. The Bowles Seep Canal diverts water from the Beebe Seep Canal at an existing headgate, located in the NE1/4 of the SW1/4 of Section 31, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 2.1.3. Rate of Diversion Claimed. 30 cubic feet per second (c.f.s.). 2.2. Description of DeSanti Water Right. 2.2.1. Name of Structure: DeSanti Recharge Facility. The DeSanti Recharge Facility is located in the SE1/4 of the SE1/4 of Section 11, Township 1 South, Range 66 West of the 6th P.M., Weld County, Colorado. 2.2.2. Location of Diversion Facility. The headgate for the DeSanti Parcel diverts water from the Beebe Seep Canal at an existing headgate, located in the NE1/4 of the NE1/4 of Section 14, Township 1 South, Range 66 West, 6th P.M., Adams County, Colorado, 680 feet south of the North section line and 30 feet west of the East section line. Delivery to the DeSanti headgate will allow for delivery to the DeSanti Recharge Facility. 2.2.3. Rate of Diversion Claimed. 10 c.f.s. 2.3. Description of Milton Lake Water Storage Right. 2.3.1. Name of Structure: Milton Lake (a/k/a Milton Reservoir). Milton Lake is an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 2.3.2. Legal Description of Point of Diversion. The inlet to Milton Lake from the Beebe Seep Canal is located near the center of Section 22, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 2.3.3. Amount Claimed. 3,000 acre-feet, fill and refill, conditional. 2.4. Description of Highlands Reservoir Water Storage Right. 2.4.1. Name of Structure: Highlands Reservoir. Highlands Reservoir will be a lined off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 2.4.2. Points of Diversion from the Beebe Seep

26

Canal. The points of diversion from the Beebe Seep Canal for delivery of water to storage in Highlands Reservoir will be located at one or more of the following locations: 2.4.2.1. Highlands Diversion No. 1. In the SW1/4 of the SE1/4, or the NW1/4 of the SE1/4, or the NE1/4 of the SE1/4 of Section 30, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. A diversion facility on land owned by Public Service Company of Colorado will only be constructed and used by ACWWA pursuant to an agreement with the owner. 2.4.2.2. Highlands Diversion No. 2. In the SE1/4 of NE1/4 of Section 30, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 2.4.2.3. Highlands Diversion No. 3. In the SW1/4 of the NW1/4 or the NW1/4 of the NW1/4 of Section 29, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 2.4.2.4. Highlands Diversion No. 4. In the NE1/4 of the NW1/4 of Section 6, Township 1 South, Range 65 West of the 6th P.M., Adams County, Colorado. 2.4.3. Amount and Rate Claimed. 3,000 acre-feet, fill and refill, conditional. The maximum diversion rate of water accruing in the Beebe Seep Canal is 50 cfs for each of the diversion points identified above in paragraph 2.4.2, above. 2.5. Source. Water arising in, flowing into, accumulating in, and accruing to the Beebe Seep Canal, tributary to the South Platte River, including natural runoff, drainage, waste, stormwater, wastewater effluent, precipitation, return flows, and seepage water. 2.6. Date of Appropriation. April 17, 2019. 2.6.1. How Appropriation Was Initiated. The appropriation date for the Beebe Seep Canal Water Rights is based upon the Notice of Appropriation posted on April 17, 2019 and the publication of ACWWA’s Notice of Intent to file this Application in the Greeley Tribune, Fort Morgan Times, and Brighton Standard-Blade on April 17, 2019. Proof of publication from the Greeley Tribune is attached as Exhibit 2. 2.6.2. Date Water First Applied to Beneficial Use. Not applicable. 2.7. Uses. 2.7.1. Use in ACWWA’s Augmentation Plans. ACWWA seeks to use the Beebe Seep Canal Water Rights as a source of replacement water in the ACWWA Augmentation Plans decreed in Case No. 10CW306, including replacement of depletions caused by the wells added to the ACWWA Augmentation Plan pursuant to the decree entered in Case No. 13CW3026, and the plan for augmentation sought herein. In addition, ACWWA seeks to use the Beebe Seep Canal Water Rights as a source of replacement water in any future plans for augmentation. Specifically, the Beebe Seep Canal Water Rights may be used to replace depletions caused by the following wells to be added to the ACWWA Augmentation Plan, or an independent plan for augmentation, pursuant to subsequent decree: 2.7.1.1. Well P-14-1 (also known as R-2), Well Permit No. 297521, approximately located in the SE1/4 of the SE1/4 of Section 11, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado, 242 feet from the South section line and 544 feet from the East section line. 2.7.1.2. Well P-14-2 (also known as R-3), Well Permit No. 297522, approximately located in the SE1/4 of the SE1/4 of Section 11, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado, 154 feet from the South section line and 269 feet from the East section line. 2.7.1.3. Well P-14-3, approximately located in the SE1/4 of the SE1/4 of Section 11, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado, 1,026 feet from the South section line and 604 feet from the East section line. 2.7.1.5. Well P-14-4, approximately located in the SE1/4 of the SE1/4 of Section 11, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado, 1,036 feet from the South section line and 41 feet from the East section line. 2.7.1.16. Well P-14-5, approximately located in the SE1/4 of the SE1/4 of Section 11, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado, 1,352 feet from the South section line and 367 feet from the East section line. 2.7.2. Source for ACWWA Recharge Projects, Including Aquifer Storage and Recovery and Aquifer Recharge and Recovery. ACWWA seeks to use the Beebe Seep Canal Water Rights for recharge (including aquifer storage and recovery and aquifer recharge and recovery) by delivering the water to the recharge facilities located in the Beebe Draw and on 70 Ranch pursuant to the terms and conditions of the decree entered in Case No. 10CW306, and the facilities described herein and in pending Case No. 16CW3195. In addition, ACWWA seeks to use the Beebe Seep Canal Water Rights for recharge (including aquifer storage and recovery and aquifer recharge and recovery) by delivering the water to any recharge facility to which ACWWA is legally permitted to recharge water or may be constructed or decreed in the future, including, but not limited to both alluvial and Denver Basin aquifer recharge. Any recharge credits generated by the Beebe Seep Canal Water Rights can be stored in any storage facility or re-diverted into any recharge facility in which ACWWA has the legal right to store and recharge, and as a source of substitute supply in any

27

pending exchange or substitution. 2.7.3. Use in ACWWA’s Exchanges and Substitution. ACWWA seeks to use the Beebe Seep Canal Water Rights either directly or following storage, as a source of substitute supply for the appropriative right of exchange currently pending in Case No. 16CW3195 and substitution claimed herein. ACWWA also seeks to use the Beebe Seep Canal Water Rights as a source of substitute supply in any future exchanges and/or substitutions operated or decreed for use by ACWWA. 2.7.4. Use to Meet Historical Return Flow Obligations. ACWWA seeks to use the Beebe Seep Canal Water Rights to meet its historical return flow obligations for ACWWA’s changed rights pending in Case No. 16CW3195, and future acquired or changed water rights in Water Division 1, and any other return flow obligations that it has agreed to replace by contract or agreement. 2.7.5. Storage. ACWWA seeks to store the Beebe Canal Water Rights in any existing or future storage facility in which ACWWA is legally permitted to store water. 2.7.6. All Municipal Uses. ACWWA seeks to use the Beebe Seep Canal Water Rights via direct delivery or by exchange, including exchange after recharge or storage, to ECCV’s water treatment plant for treatment and subsequent delivery for all municipal, industrial, and irrigation uses, including but not limited to domestic, irrigation, mechanical, manufacturing, commercial, industrial, drought protection, to meet future demands, exchange, augmentation and replacement, recharge, substitute supply, adjustment and regulation of water supply, including further exchange with other water systems and with other water users, and for all other beneficial uses within ACWWA’s current or future service area, and/or the service area of others with whom ACWWA may contract to provide water, water delivery, and water delivery infrastructure, including but not limited to the East Cherry Creek Valley Water and Sanitation District. 2.7.7. Right of Reuse, Successive Use, and Disposition. In addition to the uses described above, ACWWA claims the right to use, reuse, successively use and dispose of, by sale, lease, exchange, augmentation, or otherwise, to extinction, all water exchanged, lawfully diverted and/or impounded pursuant to the decree entered in this case. 3. Plan for Augmentation and Substitution. 3.1. Purpose of the Plan. ACWWA seeks approval of a plan for augmentation and substitution to replace the depletions to the South Platte River and tributaries resulting from the out-of-priority diversions of ACWWA’s Beebe Seep Canal Water Rights described in paragraph 2, above. ACWWA will provide adequate sources of replacement and/or substitute water to offset depletions to the South Platte River from ACWWA’s diversions from the Beebe Seep Canal into Bowles Seep Canal, Milton Lake, DeSanti Recharge Facility, or Highlands Reservoir that occur at times that the water rights claimed in paragraph 2 (and subparagraphs), above, are not in priority. 3.2. Out-of-Priority Diversions to be Replaced and/or Substituted. 3.2.1. Bowles Seep Canal. The Bowles Seep Canal extends approximately 7.4 miles from the NE1/4 of the NE1/4 of Section 6, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado, to the NE1/4 of the SW1/4 of Section 31, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. A water right for the Bowles Seep Canal is claimed in paragraph 2.1, above. 3.2.2. DeSanti Recharge Facility. The DeSanti Recharge Facility is located in the SE1/4 of the SE1/4 of Section 11, Township 1 South, Range 66 West of the 6th P.M., Weld County, Colorado. The center of the facility will lie at a point 450 feet from the east line and 240 feet from the south line of said Section 11. A water right for the DeSanti Recharge Facility is claimed in paragraph 2.2, above. 3.2.3. Milton Lake. Milton Lake is an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. A new water right for Milton Lake is claimed in paragraph 2.3, above. 3.2.4. Highlands Reservoir. Highlands Reservoir will be a lined off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. A new water right for Highlands Reservoir is claimed in paragraph 2.4, above. 3.3. Sources of Replacement and/or Substitute Water. The Beebe Seep Canal Water Rights claimed herein and the sources of replacement or substitute supplies described in Exhibit 3 shall be used to offset depletions to the South Platte River from A’s diversions from the Beebe Seep Canal into Bowles Seep Canal, Milton Lake, DeSanti Recharge Facility, and Highlands Reservoir that occur at times that the Beebe Seep Canal Water Rights are out-of-priority. ACWWA also intends to acquire and/or lease additional water supplies in the future for use as a source of replacement or substitute supply for the plan described herein. To the extent that this future acquired water is legally and physically available, ACWWA seeks to allow such sources to serve as replacement or substitute supplies. 3.4. Delivery of Replacement and/or Substitute Sources. 3.4.1. 70 Ranch Reservoir. Located in the S1/2 of

28

Section 3 and a portion of the NE1/4 of Section 10, all in Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. 70 Ranch Reservoir will make releases through a bi-directional pipeline, which point of release will be located on the South Platte River, within 500 feet (see C.R.S. 37-92-305(3.6)(b)) of a point in the NW1/4 of the SE1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado, approximately 1,596 feet from the East section line and 1,675 feet from the South section line of said Section 34 in Weld County, Colorado. Releases from the bi-directional pipeline may also be made to the South Platte River through a separate outlet located within 500 feet of a point in the SE1/4 of the SE1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado approximately 690 feet from the East section line and 270 feet from the South section line of said Section 34. The diversion structure will be a surface diversion. 3.4.2. Milliken Reservoir. Located within a part of Section 2, Township 3 North, Range 67 West and Sections 23, 26, 34, and 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. Milliken Reservoir has several outlets capable of returning water to the South Platte River at the following locations: (1) the SE1/4 of the NW1/4 of Section 2, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado; (2) the NW1/4 of the NW1/4 of Section 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado; (3) the SW1/4 of the NE1/4 of Section 26, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado; (4) North Diversion structure located on the South Platte River downstream of the confluence with the St. Vrain River in the NE1/4 of the SW1/4 of Section 26, Township 4 North, Range 67 West of the 6th P.M., Weld County Colorado; (5) Pump Station No. 1 located at SW1/4 of the SW1/4 of Section 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado; and (6) Pump Station No. 2 located in Section 34, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, near the confluence of the St. Vrain and South Platte Rivers. 3.4.3. Milton Lake. 3.4.3.1. Via the Gilmore Canal. The Gilmore Canal begins at Milton Lake and extends a distance of approximately 20 miles; approximately 10 miles of this total length are in the Beebe Draw drainage, and the remainder of the canal is in the Box Elder Creek drainage. The operating capacity of the Gilmore Canal is 125 c.f.s. from the Gilmore Canal water can be discharged to Box Elder Creek, which is a tributary to the South Platte River. 3.4.3.2. Milton Lake via Platte Valley Canal Bookover and Substitution. ACWWA may replace water diverted out-of-priority pursuant to the substitution and bookover described in paragraph 4, below. 3.4.4. Highlands Reservoir. Highlands Reservoir will be a lined off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. The exact location(s) of the outlet structure(s) for Highlands Reservoir have not yet been determined. The preliminary design anticipates that Highlands Reservoir will be gravity drained under Weld County Road 39 into the existing drainage that has pipe crossings of the railroad and Interstate 76, and then flows west on the south side of WCR 4 to the Beebe Draw in the NW1/4 of the NE1/4 of Section 31, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. Any of the diversion points in the Beebe Seep Canal described in paragraph 2.4.2, above, may also be outlet points for Highlands Reservoir. ACWWA may also develop outlet works to allow discharge to the Neres and East Burlington Canals. 3.4.5. Barr Lake. Barr Lake is located in portions of Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West, of the 6th P.M., Adams County, Colorado. 3.4.6. Toe of Barr Lake Dam. The toe of Barr Lake Dam is located in the NW1/4 of Section 23, Township 1 South, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 390 feet from the north section line and 930 feet from the west section line. 3.4.7. Upper and Lower Sand Creek Augmentation Station. Located in the SE1/4 of the NW1/4 of Section 27, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, and the NW1/4 of the NE1/4 of Section 16, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.4.8. Weldon Valley Ditch Augmentation Station. An augmentation station located at the end of Weldon Valley Ditch, in the SE1/4 of Section 7, Township 4 North, Range 58 West of the 6th P.M., Morgan County, Colorado. This augmentation station delivers water to the South Platte River below the Fort Morgan Canal headgate. 3.4.9. Weldon Valley Ditch Central/ACWWA Augmentation Station. An augmentation station located where the Weldon Valley Ditch crosses the west line of the NE1/4 of Section 3, Township 4 North, Range 60 West of the 6th P.M., Morgan County, Colorado. This augmentation station returns water south via a pipeline to a channel that discharges to the South Platte River in the NE1/4 of the NE1/4 of said Section 3.

29

3.4.10. Lower Latham End of Ditch Augmentation Station. Located in the SW1/4 of the SW1/4 of Section 3, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. 3.4.11. Additional Return Structures. ACWWA also claims the right to make replacements under this plan for augmentation by releasing to, returning to, or leaving in the South Platte River and its tributaries water from any facilities approved in ACWWA’s decrees for the water rights, recharge accretions, and leased water described in Exhibit 3. 3.5. Lack of Injury. ACWWA will propose terms and conditions in the final decree so that this application for water rights and for approval of a plan for augmentation and substitution will not injuriously affect the owner of or persons entitled to use of water under a vested water right or a decreed conditional water right to which the water rights, augmentation plan, and substitution claimed herein is junior. 4. Right of Substitution and Bookover. Pursuant to Colo. Rev. Stat. § 37-80-120, ACWWA may deliver a replacement supply to the South Platte River through means of a bookover and substitution by booking over any water stored in its Milton Lake storage accounts or space available capacity into others’ Milton Lake storage account(s) at the rate water is being released from Milton Lake on a direct-flow basis at a rate equal to the amount of substitute supply delivered to the South Platte River by means of a reduction in headgate diversions at the Platte Valley Canal. The rate of the bookover shall be limited to the lesser of the release capacity from Milton Lake or the amount returned delivered to the South Platte River pursuant to this substitution. The substitution and bookover claimed herein will be operated in accordance with the terms of ACWWA’s decrees entered in Case Nos. 10CW306 and 09CW283, and the final decree entered in pending Case No. 16CW3195, and the final decree entered in this case, and pursuant to the FRICO/EAU Settlement Memorandum of Agreement dated December 4, 2018. The date of appropriation for this substitution is April 17, 2019 based upon the Notice of Appropriation posted on April 17, 2019 and the publication of ACWWA’s Notice of its Intent to file this application in the Greeley Tribune, Fort Morgan Times, and Brighton Standard-Blade on April 17, 2019. 5. Name and Address of the Owners of the Diversion Structures Listed Above. 5.1. The Beebe Seep Canal, Bowles Seep Canal, Platte Valley Canal, Barr Lake, and Milton Lake are owned by Farmers Reservoir & Irrigation Company. 5.2. Highlands Reservoir will be owned by WAWDA, 8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111. 5.3. Highlands Equities, LLC holds legal title to the land on which Highlands Reservoir will be located as nominee of South Weld Holdings, LLC which holds beneficial title to the land (8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111). 5.4. The land where the DeSanti Recharge Facility is located is owned by United Water and Sanitation District, 8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111. 5.5. WAWDA holds an easement for the 70 Ranch Reservoir and its diversion and outlet facilities and the land underlying the easement is owned by 70 Ranch, LLC (8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111). 5.6. Milliken Reservoir is owned by the United Milliken Reservoir Enterprise, LLC, 8301 E. Prentice Ave, Suite 100, Greenwood Village, CO 80111. WHEREFORE, ACWWA respectfully request that the Court enter a decree granting the relief described herein and such other relief, which it deems proper. (11 pages, 3 exhibits).

19CW3075 East Cherry Creek Valley Water and Sanitation District (“ECCV”), c/o David Kaunisto, General Manager, 6201 South Gun Club Road, Aurora, Colorado 80016, Telephone: (303) 693-3800. APPLICATION FOR WATER RIGHTS AND PLAN FOR AUGMENTATION AND SUBSTITUTION in ADAMS, ARAPAHOE, DENVER, LARIMER, MORGAN, AND WELD COUNTIES. Please send all pleadings and correspondence to: Brian M. Nazarenus, Esq., Sheela S. Stack, Esq., William D. Wombacher, Esq., Stacy L. Brownhill, Esq., RYLEY CARLOCK & APPLEWHITE, 1700 Lincoln Street, Suite 3500, Denver, Colorado 80203. 2. Description of Beebe Seep Canal Water Rights. ECCV will divert water from the Beebe Seep Canal for recharge or storage at the locations and in the amounts described below (collectively referred to as the “Beebe Seep Canal Water Rights”). The locations are shown on the map attached as Exhibit 1. 2.1. Description of Bowles Seep Water Right. 2.1.1. Name of Structure: Bowles Seep Canal. The Bowles Seep Canal extends approximately 7.4 miles from the NE1/4 of the NE1/4 of Section 6, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado, to the NE1/4 of the SW1/4 of Section 31, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 2.1.2. Location of Diversion Facility. The Bowles Seep Canal diverts water from

30

the Beebe Seep Canal at an existing headgate, located in the NE1/4 of the SW1/4 of Section 31, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 2.1.3. Rate of Diversion Claimed. 30 cubic feet per second (c.f.s.). 2.2. Description of DeSanti Water Right. 2.2.1. Name of Structure: DeSanti Recharge Facility. The DeSanti Recharge Facility is located in the SE1/4 of the SE1/4 of Section 11, Township 1 South, Range 66 West of the 6th P.M., Weld County, Colorado. 2.2.2. Location of Diversion Facility. The headgate for the DeSanti Parcel diverts water from the Beebe Seep Canal at an existing headgate, located in the NE1/4 of the NE1/4 of Section 14, Township 1 South, Range 66 West, 6th P.M., Adams County, Colorado, 680 feet south of the North section line and 30 feet west of the East section line. Delivery to the DeSanti headgate will allow for delivery to the DeSanti Recharge Facility. 2.2.3. Rate of Diversion Claimed. 10 c.f.s. 2.3. Description of Milton Lake Water Storage Right. 2.3.1. Name of Structure: Milton Lake (a/k/a Milton Reservoir). Milton Lake is an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 2.3.2. Legal Description of Point of Diversion. The inlet to Milton Lake from the Beebe Seep Canal is located near the center of Section 22, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. 2.3.3. Amount Claimed. 3,000 acre-feet, fill and refill, conditional. 2.4. Description of Highlands Reservoir Water Storage Right. 2.4.1. Name of Structure: Highlands Reservoir. Highlands Reservoir will be a lined off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 2.4.2. Points of Diversion from the Beebe Seep Canal. The points of diversion from the Beebe Seep Canal for delivery of water to storage in Highlands Reservoir will be located at one or more of the following locations: 2.4.2.1. Highlands Diversion No. 1. In the SW1/4 of the SE1/4, or the NW1/4 of the SE1/4, or the NE1/4 of the SE1/4 of Section 30, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. A diversion facility on land owned by Public Service Company of Colorado will only be constructed and used by ECCV pursuant to an agreement with the owner. 2.4.2.2. Highlands Diversion No. 2. In the SE1/4 of NE1/4 of Section 30, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 2.4.2.3. Highlands Diversion No. 3. In the SW1/4 of the NW1/4 or the NW1/4 of the NW1/4 of Section 29, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. 2.4.2.4. Highlands Diversion No. 4. In the NE1/4 of the NW1/4 of Section 6, Township 1 South, Range 65 West of the 6th P.M. in Adams County, Colorado. 2.4.3. Amount and Rate Claimed. 3,000 acre-feet fill and refill, conditional. The maximum diversion rate of water accruing in the Beebe Seep Canal is 50 cfs for each of the diversion points identified in paragraph 2.4.2, above. 2.5. Source. Water arising in, flowing into, accumulating in and accruing to the Beebe Seep Canal, tributary to the South Platte River, including natural runoff, drainage, waste, stormwater, wastewater effluent, precipitation, return flows, and seepage water. 2.6. Date of Appropriation. April 17, 2019. 2.6.1. How Appropriation Was Initiated. The appropriation date for the Beebe Seep Canal Water Rights is based upon the Notice of Appropriation posted on April 17, 2019 and the publication of ECCV’s Notice of Intent to file this Application in the Greeley Tribune, Fort Morgan Times, and Brighton Standard-Blade on April 17, 2019. Proof of publication from the Greeley Tribune is attached as Exhibit 2. 2.6.2. Date Water First Applied to Beneficial Use. Not applicable. 2.7. Uses. 2.7.1. Use in ECCV’s Augmentation Plans. ECCV seeks to use the Beebe Seep Canal Water Rights as a source of replacement water in the ECCV Augmentation Plans decreed in Case Nos. 02CW403 and 02CW404/03CW442, as amended by the decree entered in Case No. 10CW306 Decree (“403 Decree as Amended”), including replacement of depletions caused by the wells added to the ECCV Augmentation Plan pursuant to the decree entered in Case No. 13CW3026, and the plan for augmentation sought herein. In addition, ECCV seeks to use the Beebe Seep Canal Water Rights as a source of replacement water in any future plans for augmentation. Specifically, the Beebe Seep Canal Water Rights may be used to replace depletions caused by the following wells to be added to the ECCV Augmentation Plan, or an independent plan for augmentation, pursuant to subsequent decree: 2.7.1.1. Well No. ECCV-4, located in Southwest corner of Section 30, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 2,300 feet east of the west line and 325 feet north of the south line. 2.7.1.2. Well No. ECCV-5, located in Southwest corner of Section 30, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 2,300 feet east of the west line and 968 feet north of the south line. 2.7.1.3. Well No. ECCV-6, located in Southwest

31

corner of Section 30, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 2,510 feet east of the west line and 1,611 feet north of the south line. 2.7.1.4. Well No. ECCV-7, located in Southwest corner of Section 30, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 4,525 feet east of the west line and 3,020 feet north of the south line. 2.7.1.5. Well No. ECCV-7A, located in Southwest corner of Section 30, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 3,476 feet east of the west line and 2,950 feet north of the south line. 2.7.1.6. Well No. ECCV-8, located in Southwest corner of Section 30, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 4,884 feet east of the west line and 3,581 feet north of the south line. 2.7.1.7. Well No. ECCV-8A, located in Southwest corner of Section 30, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 3,929 feet east of the west line and 3,543 feet north of the south line. 2.7.1.8. No. ECCV-9, located in Southwest corner of Section 30, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 5,153 feet east of the west line and 4,254 feet north of the south line. 2.7.1.9. Well No. ECCV-9A, located in Southwest corner of Section 30, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 3,983 feet east of the west line and 4,191 feet south of the north line. 2.7.1.10. Well No. ECCV-10, located in Southwest corner of Section 30, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 5,163 feet east of the west line and 4,908 feet south of the north line. 2.7.1.11. Well No. ECCV-10A, located in Southwest corner of Section 30, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 4,164 feet east of the west line and 4,894 feet south of the north line. 2.7.1.12. Well P-14-1 (also known as R-2), Well Permit No. 297521, approximately located in the SE1/4 of the SE1/4 of Section 11, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado, 242 feet from the South section line and 544 feet from the East section line. 2.7.1.13. Well P-14-2 (also known as R-3), Well Permit No. 297522, approximately located in the SE1/4 of the SE1/4 of Section 11, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado, 154 feet from the South section line and 269 feet from the East section line. 2.7.1.14. Well P-14-3, approximately located in the SE1/4 of the SE1/4 of Section 11, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado, 1,026 feet from the South section line and 604 feet from the East section line. 2.7.1.15. Well P-14-4, approximately located in the SE1/4 of the SE1/4 of Section 11, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado, 1,036 feet from the South section line and 41 feet from the East section line. 2.7.1.16. Well P-14-5, approximately located in the SE1/4 of the SE1/4 of Section 11, Township 1 South, Range 66 West of the 6th P.M., Adams County, Colorado, 1,352 feet from the South section line and 367 feet from the East section line. 2.7.2. Source for ECCV Recharge Projects, Including Aquifer Storage and Recovery and Aquifer Recharge and Recovery. ECCV seeks to use the Beebe Seep Canal Water Rights for recharge (including aquifer storage and recovery and aquifer recharge and recovery) by delivering the water to the recharge facilities located in the Beebe Draw and on 70 Ranch pursuant to the terms and conditions of the decree entered in Case Nos. 02CW404 and 03CW442 as amended in Case No. 10CW306, and the facilities described herein and in pending Case No. 16CW3196. In addition, ECCV seeks to use the Beebe Seep Canal Water Rights for recharge (including aquifer storage and recovery and aquifer recharge and recovery) by delivering the water to any recharge facility to which ECCV is legally permitted to recharge water or may be constructed or decreed in the future, including, but not limited to both alluvial and Denver Basin aquifer recharge. Any recharge credits generated by the Beebe Seep Canal Water Rights can be stored in any storage facility or re-diverted into any recharge facility in which ECCV has the legal right to store and recharge, and as a source of substitute supply in any pending exchange or substitution. 2.7.3. Use in ECCV’s Exchanges and Substitution. ECCV seeks to use the Beebe Seep Canal Water Rights either directly or following storage, as a source of substitute supply for the appropriative right of exchange currently pending in Case No. 16CW3196 and substitution claimed herein. ECCV also seeks to use the Beebe Seep Canal Water Rights as a source of substitute supply in any future exchanges and/or substitutions operated or decreed for use by ECCV. 2.7.4. Use to Meet Historical Return Flow Obligations. ECCV seeks to use the Beebe Seep Canal Water Rights to meet its historical return flow obligations for ECCV’s changed FRICO-Barr shares and Burlington-Barr shares in Case No. 02CW403, pending in Case No. 16CW3196, and future acquired or

32

changed water rights in Water Division 1, and any other return flow obligations that it has agreed to replace by contract or agreement. 2.7.5. Storage. ECCV seeks to store the Beebe Canal Water Rights in any existing or future storage facility in which ECCV is legally permitted to store water. 2.7.6. All Municipal Uses. ECCV seeks to use the Beebe Seep Canal Water Rights via direct delivery or by exchange including exchange after recharge or storage to ECCV’s water treatment plant for treatment and subsequent delivery for all municipal, industrial, and irrigation uses, including but not limited to domestic, irrigation, mechanical, manufacturing, commercial, industrial, drought protection, to meet future demands, exchange, augmentation and replacement, recharge, substitute supply, adjustment and regulation of water supply, including further exchange with other water systems and with other water users, and for all other beneficial uses within ECCV’s current or future service area, and/or the service area of others with whom ECCV may contract to provide water, water delivery, and water delivery infrastructure, including but not limited to the Arapahoe County Water and Wastewater Authority. 2.7.7. Right of Reuse, Successive Use, and Disposition. In addition to the uses described above, ECCV claims the right to use, reuse, successively use and dispose of, by sale, lease, exchange, augmentation, or otherwise, to extinction, all water exchanged, lawfully diverted and/or impounded pursuant to the decree entered in this case. 3. Plan for Augmentation and Substitution. 3.1. Purpose of the Plan. ECCV seeks approval of a plan for augmentation and substitution to replace the depletions to the South Platte River and tributaries resulting from the out-of-priority diversions of ECCV’s Beebe Seep Canal Water Rights described in paragraph 2, above. ECCV will provide adequate sources of replacement and/or substitute water to offset depletions to the South Platte River from ECCV’s diversions from the Beebe Seep Canal into Bowles Seep Canal, Milton Lake, DeSanti Recharge Facility, or Highlands Reservoir that occur at times that the water rights claimed in paragraph 2 (and subparagraphs), above, are not in priority. 3.2. Out-of-Priority Diversions to be Replaced and/or Substituted. 3.2.1. Bowles Seep Canal. The Bowles Seep Canal extends approximately 7.4 miles from the NE1/4 of the NE1/4 of Section 6, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado, to the NE1/4 of the SW1/4 of Section 31, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. A water right for the Bowles Seep Canal is claimed in paragraph 2.1, above. 3.2.2. DeSanti Recharge Facility. The DeSanti Recharge Facility is located in the SE1/4 of the SE1/4 of Section 11, Township 1 South, Range 66 West of the 6th P.M., Weld County, Colorado. The center of the facility will lie at a point 450 feet from the east line and 240 feet from the south line of said Section 11. A water right for the DeSanti Recharge Facility is claimed in paragraph 2.2, above. 3.2.3. Milton Lake. Milton Lake is an off-channel reservoir located in Sections 10, 11, 14, 15, 22, and 23, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. A new water right for Milton Lake is claimed in paragraph 2.3, above. 3.2.4. Highlands Reservoir. Highlands Reservoir will be a lined off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. A new water right for Highlands Reservoir is claimed in paragraph 2.4, above. 3.3. Sources of Replacement and/or Substitute Water. The Beebe Seep Canal Water Rights claimed herein and the sources of replacement or substitute supplies described in Exhibit 3 shall be used to offset depletions to the South Platte River from ECCV’s diversions from the Beebe Seep Canal into Bowles Seep Canal, Milton Lake, DeSanti Recharge Facility, and Highlands Reservoir that occur at times that the Beebe Seep Canal Water Rights are out-of-priority. ECCV also intends to acquire and/or lease additional water supplies in the future for use as a source of replacement or substitute supply for the plan described herein. To the extent that this future acquired water is legally and physically available, ECCV seeks to allow such sources to serve as replacement or substitute supplies. 3.4. Delivery of Replacement and/or Substitute Sources. 3.4.1. 70 Ranch Reservoir. Located in the S1/2 of Section 3 and a portion of the NE1/4 of Section 10, all in Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. 70 Ranch Reservoir will make releases through a bi-directional pipeline, which point of release will be located on the South Platte River, within 500 feet (see C.R.S. 37-92-305(3.6)(b)) of a point in the NW1/4 of the SE1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado, approximately 1,596 feet from the East section line and 1,675 feet from the South section line of said Section 34 in Weld County, Colorado. Releases from the bi-directional pipeline may also be made to the South Platte River through a separate outlet located within 500 feet of a point in the SE1/4 of the SE1/4 of Section 34, Township 5 North, Range

33

63 West of the 6th P.M., Weld County, Colorado approximately 690 feet from the East section line and 270 feet from the South section line of said Section 34. The diversion structure will be a surface diversion. 3.4.2. Milliken Reservoir. Located within a part of Section 2, Township 3 North, Range 67 West and Sections 23, 26, 34, and 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. Milliken Reservoir has several outlets capable of returning water to the South Platte River at the following locations: (1) the SE1/4 of the NW1/4 of Section 2, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado; (2) the NW1/4 of the NW1/4 of Section 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado; (3) the SW1/4 of the NE1/4 of Section 26, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado; (4) North Diversion structure located on the South Platte River downstream of the confluence with the St. Vrain River in the NE1/4 of the SW1/4 of Section 26, Township 4 North, Range 67 West of the 6th P.M., Weld County Colorado; (5) Pump Station No. 1 located at SW1/4 of the SW1/4 of Section 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado; and (6) Pump Station No. 2 located in Section 34, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, near the confluence of the St. Vrain and South Platte Rivers. 3.4.3. Milton Lake. 3.4.3.1. Via the Gilmore Canal. The Gilmore Canal begins at Milton Lake and extends a distance of approximately 20 miles; approximately 10 miles of this total length are in the Beebe Draw drainage and the remainder of the canal is in the Box Elder Creek drainage. The operating capacity of the Gilmore Canal is 125 c.f.s. from the Gilmore Canal water can be discharged to Box Elder Creek, which is a tributary to the South Platte River. 3.4.3.2. Milton Lake via Platte Valley Canal Bookover and Substitution. ECCV may replace water diverted out-of-priority pursuant to the substitution and bookover described in paragraph 4, below. 3.4.4. Highlands Reservoir. Highlands Reservoir will be a lined off-channel reservoir located in the NW1/4 of Section 32, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. The exact location(s) of the outlet structure(s) for Highlands Reservoir have not been determined. The preliminary design anticipates that the Reservoir will be gravity drained under Weld County Road 39 into the existing drainage that has pipe crossings of the railroad and Interstate 76 and then flows west on the south side of WCR 4 to the Beebe Draw in the NW1/4 of the NE1/4 of Section 31, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. Any of the diversion points in the Beebe Seep Canal described in paragraph 2.4.2, above, may also be outlet points for Highlands Reservoir. ECCV may also develop outlet works to allow discharge to the Neres and East Burlington Canals. 3.4.5. Barr Lake. Barr Lake is located in portions of Sections 15, 21, 22, 23, 26, 27, 28, and 33, Township 1 South, Range 66 West, of the 6th P.M., Adams County, Colorado. 3.4.6. Toe of Barr Lake Dam. The toe of Barr Lake Dam is located in the NW1/4 of Section 23, Township 1 South, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 390 feet from the north section line and 930 feet from the west section line. 3.4.7. Upper and Lower Sand Creek Augmentation Station. Located in the SE1/4 of the NW1/4 of Section 27, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, and the NW1/4 of the NE1/4 of Section 16, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado. 3.4.8. Weldon Valley Ditch Augmentation Station. An augmentation station located at the end of Weldon Valley Ditch, in the SE1/4 of Section 7, Township 4 North, Range 58 West of the 6th P.M., Morgan County, Colorado. This augmentation station delivers water to the South Platte River below the Fort Morgan Canal headgate. 3.4.9. Weldon Valley Ditch Central/ACWWA Augmentation Station. An augmentation station located where the Weldon Valley Ditch crosses the west line of the NE1/4 of Section 3, Township 4 North, Range 60 West of the 6th P.M., Morgan County, Colorado. This augmentation station returns water south via a pipeline to a channel that discharges to the South Platte River in the NE1/4 of the NE1/4 of said Section 3. 3.4.10. Lower Latham End of Ditch Augmentation Station. Located in the SW1/4 of the SW1/4 of Section 3, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. 3.4.11. Additional Return Structures. ECCV also claims the right to make replacements under this plan for augmentation by releasing to, returning to, or leaving in the South Platte River and its tributaries water from any facilities approved in ECCV’s decrees for the water rights, recharge accretions, and leased water described in Exhibit 3. 3.5. Lack of Injury. ECCV will propose terms and conditions in the final decree so that this application for water rights and for approval of a plan for augmentation and substitution will not injuriously affect the owner of or persons entitled to use of water under a vested water right or a decreed conditional water right to which

34

the water rights, augmentation plan, and substitution claimed herein is junior. 4. Right of Substitution and Bookover. Pursuant to Colo. Rev. Stat. § 37-80-120, ECCV may deliver a replacement supply to the South Platte River through means of a bookover and substitution by booking over any water stored in its Milton Lake storage accounts or space available capacity into others’ Milton Lake storage account(s) at the rate water is being released from Milton Lake on a direct-flow basis at a rate equal to the amount of substitute supply delivered to the South Platte River by means of a reduction in headgate diversions at the Platte Valley Canal. The rate of the bookover shall be limited to the lesser of the release capacity from Milton Lake or the amount returned delivered to the South Platte River pursuant to this substitution. The substitution and bookover claimed herein will be operated in accordance with the terms of ECCV’s decrees entered in Case Nos. 02CW403, 02CW404/03CW442, 10CW306, and 11CW285, and the final decree entered in pending Case No. 16CW3196, and the final decree entered in this case, and pursuant to the Amended and Restated Water Supply Agreement dated May 2007 and the FRICO/EAU Settlement Memorandum of Agreement dated December 4, 2018. The date of appropriation for this substitution is April 17, 2019 based upon the Notice of Appropriation posted on April 17, 2019 and the publication of ECCV’s Notice of its Intent to file this application in the Greeley Tribune, Fort Morgan Times, and Brighton Standard-Blade on April 17, 2019. 5. Name and Address of the Owners of the Diversion Structures Listed Above. 5.1. The Beebe Seep Canal, Bowles Seep Canal, Platte Valley Canal, Barr Lake, and Milton Lake are owned by Farmers Reservoir & Irrigation Company. Pursuant to Article XVI of FRICO’s Bylaws, ECCV provided notice to FRICO of this application on April 15, 2019. By providing this notice, ECCV is not acknowledging the validity or reasonableness of Article XVI and expressly reserves the right to challenge this bylaw in the future. Similarly, ECCV asserts that FRICO previously granted perpetual interests in the above described structures to ECCV pursuant to the Easement Agreement and Acknowledgement of Interest dated December 18, 2003 and recorded in Weld County Clerk and Recorder’s Office at Reception No. 3137268. 5.2. Highlands Reservoir will be owned by WAWDA, 8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111. 5.3. Highlands Equities, LLC holds legal title to the land on which Highlands Reservoir will be located as nominee of South Weld Holdings, LLC which holds beneficial title to the land (8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111). 5.4. The land where the DeSanti Recharge Facility is located is owned by United Water and Sanitation District, 8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111. 5.5. WAWDA holds an easement for the 70 Ranch Reservoir and its diversion and outlet facilities and the land underlying the easement is owned by 70 Ranch, LLC (8301 East Prentice Ave., Suite 100, Greenwood Village, Colorado 80111). 5.6. Milliken Reservoir is owned by the United Milliken Reservoir Enterprise, LLC, 8301 E. Prentice Ave, Suite 100, Greenwood Village, CO 80111. WHEREFORE, ECCV respectfully request that the Court enter a decree granting the relief described herein and such other relief, which it deems proper. (12 pages, 3 Exhibits). 19CW3076 SEDALIA WATER AND SANITATION DISTRICT, P.O. Box 222, Sedalia, CO 80135, (303) 688-0341, barbaraprice2016@msn.com. Attorneys: Paul F. Holleman and John D. Buchanan, Buchanan Sperling & Holleman PC, 1525 Spruce Street, Suite 200, Boulder, Colorado 80302, 303-431-9141, fholleman@tbvs.net, jbuchanan@tbvs.net. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN DOUGLAS COUNTY. Description of Water Rights from Previous Decree: 2. Name. Sedalia Water and Sanitation District Substitution and Exchange (“Exchange”). A. Original and Subsequent Decrees. By the District Court in and for Water Division No. 1, Case No. 93CW182, entered on November 16, 2001 (“93CW182 Decree”). A subsequent decree finding diligence and making a portion of the Exchange absolute was entered on April 16, 2013 in Case No. 07CW294. B. Location. The withdrawal of water from Sedalia Well No. 1 and Sedalia Well No. 2 (“Sedalia Wells”) owned by the District and located in the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of Section 13, Township 7 South, Range 68 West of the 6th P.M., Douglas County, Colorado, as described in the 93CW182 Decree, may result in depletions to East Plum Creek and Plum Creek. The uppermost point of stream depletion is in East Plum Creek in the NW1/4 of the NE1/4 (more particularly described as 700 feet from the north section line and 2,640 feet from the east section line) of Section 24, Township 7 South,

35

Range 68 West of the 6th P.M. The furthest downstream point of delivery of fully consumable water in Plum Creek is in the NW1/4 of Section 23, Township 7 South, Range 68 West of the 6th P.M. C. Source. The following water has been substituted and exchanged for the water depleted from East Plum Creek and Plum Creek by operation of the Sedalia Wells pursuant to the plan for augmentation described in the 93CW182 Decree: i. The fully consumable portion of return flows provided to East Plum Creek or Plum Creek pursuant to the Decree entered in Case No. 93CW182 on November 16, 2001; ii. The fully consumable portion of water provided directly to East Plum Creek or Plum Creek pursuant to the water rights decreed in Case No. 93CW181 on October 12, 1995 (“93CW181 Decree”), which permit the withdrawal and use of Denver Basin ground water underlying lands within the boundaries of the District; iii. The fully consumable portion of water provided directly to East Plum Creek or Plum Creek from those water rights associated with any agreements as may be entered into between the District and such entity as may sell or lease fully consumable water to the District as provided in the 93CW182 Decree; and iv. Any reusable return flows of water provided from the Denver Basin Aquifer Wells or Sedalia Wells pursuant to the plan for augmentation in excess of out-of-priority depletions to East Plum Creek as described in the 93CW182 Decree. D. Appropriation Date. December 7, 1993. E. Amount. 0.61 cfs total, of which 0.233 cfs was made absolute in the 93CW182 Decree and 0.377 cfs remains conditional. F. Use. The District supplies water to water users within the District’s boundaries. Water diverted pursuant to the Sedalia Water and Sanitation District Substitution and Exchange water right is used for municipal, domestic, industrial, commercial, irrigation, and livestock purposes within the District and used for immediate application to beneficial uses; for storage and subsequent application to beneficial uses; for substitution and exchange; for replacement of depletions; and for augmentation. 3. Detailed outline of work performed to complete application of water to beneficial use. Applicant’s efforts toward development of the Exchange during the subject diligence period include, but are not limited to, the following: A. Applicant has operated its alluvial and Denver Basin wells and associated augmentation plan to provide municipal water service within its boundaries, has provided the required accounting thereof, and has monitored stream conditions and water needs so that it may use the exchange when water is physically and legally available and needed by Applicant’s water users. B. Applicant has performed routine maintenance and repairs to its water supply system, including negotiating an access easement for the Sedalia Wells. C. Applicant has monitored the Division 1 water court resume and has participated in several water court cases to protect the Exchange and other water rights. D. Sedalia obtained entry of the decree in Case No. 10CW260, which added additional parcels and Denver Basin water rights to the well fields adjudicated in the 93CW181 Decree and which are a replacement source of water in the Exchange. 4. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. Not applicable. WHEREFORE, Applicant requests that the court issue a decree (i) finding that Applicant has been reasonably diligent with respect to the conditional portion of the Exchange (ii) continuing the conditional portion of the Exchange, and (iii) granting such other and further relief as may be appropriate. (4 pages) 19CW3077 (86CW397, 88CW267, and 89CW129; 96CW279, 04CW199, and 12CW115). City of Westminster, 4800 West 92nd Avenue, Westminster, Colorado 80031, (303) 658-2400. Lee H. Johnson, Mason H. Brown, Katrina B. Fiscella, Carlson, Hammond & Paddock, L.L.C., 1900 Grant Street, Suite 1200, Denver, Colorado 80203-4539. APPLICATION FOR FINDING OF REASONABLE DILIGENCE, ADAMS AND JEFFERSON COUNTIES. 1. Name, mailing address and telephone number of Applicant: City of Westminster, 4800 West 92nd Avenue, Westminster, Colorado 80031, (303) 658-2400. All correspondence and pleadings should be sent to undersigned counsel for the Applicant. 2. Names of structures: A. Westminster’s Big Dry Creek Wastewater Treatment Plant (now known as “Big Dry Creek Wastewater Treatment Facility”). B. Metro No. 1 Sewage Disposal Plant (now known as the “Robert W. Hite Treatment Facility”). C. Church Ditch. D. Farmers’ High Line Canal. E. Croke Canal. 3. Description of conditional water rights: In Consolidated Case Nos. 86CW397, 88CW267, and 89CW129, (the “Consolidated Cases”), Westminster obtained a decree (“Consolidated Cases Decree”) for conditional

36

exchanges of water between the outfall of Westminster’s Big Dry Creek Wastewater Treatment Plant, (n.k.a. Big Dry Creek Wastewater Treatment Facility), and the Church Ditch headgate, the Farmers’ High Line Canal headgate, and the Croke Canal headgate, as well as between the outfall of the Metro No. 1 Sewage Disposal Plant, (n.k.a. Robert W. Hite Treatment Facility), and the Church Ditch headgate, the Farmers’ High Line Canal headgate, and the Croke Canal headgate (the “Conditional Exchange”). Details concerning the Conditional Exchange are as follows: A. Date of Original Decree: November 5, 1990, Consolidated Case Nos. 86CW397, 88CW267, and 89CW129, Water Court, Division 1, State of Colorado. B. Subsequent Diligence Decrees:

Date Issued Case No. Court

July 14, 1998 Case No. 96CW279 Water Court, Division 1, State of Colorado.

May 4, 2006 Case No. 04CW199 Water Court, Division 1, State of Colorado.

April 2, 2013 Case No. 12CW115 Water Court, Division 1, State of Colorado.

C. Locations: i. Westminster’s Big Dry Creek Wastewater Treatment Plant (n.k.a. Big Dry Creek Wastewater Treatment Facility): The outfall from the Big Dry Creek Wastewater Treatment Facility (the “Big Dry Creek Plant”), is located at a point on the north bank of Big Dry Creek 400 feet east of Huron Street in the Northwest 1/4 of the Southwest 1/4 of Section 27, Township 1 South, Range 68 West, Adams County, Colorado. Westminster provides the following coordinates to identify the relevant location utilizing the Universal Transverse Mercator (UTM) grid system projection based on the North American Datum of 1983 (NAD83), Zone 13 North: (500574 E, 4420578 N). ii. Metro No. 1 Sewage Disposal Plant (n.k.a. Robert W. Hite Treatment Facility): The outfall from the Metro No. 1 Sewage Disposal Plant/Robert W. Hite Treatment Facility (the “Metro Plant”), is located at a point on the East bank of the South Platte River in Section 1, Township 3 South, Range 68 West, which lies 1,400 feet East of the SW corner of said Section 1, Adams County, Colorado. Westminster provides the following coordinates to identify the relevant location utilizing the Universal Transverse Mercator (UTM) grid system projection based on the North American Datum of 1983 (NAD83), Zone 13 North: (503898 E, 4406978 N). iii. Church Ditch: The headgate of the Church Ditch, also known as the Golden City and Ralston Creek Ditch, is located on the north bank of Clear Creek at a point in the NE1/4 of Section 32, Township 3 South, Range 70 West, Jefferson County, Colorado, 1450 feet S 69° 30' W from the northeast corner of said section. Westminster provides the following coordinates to identify the relevant location utilizing the Universal Transverse Mercator (UTM) grid system projection based on the North American Datum of 1983 (NAD83), Zone 13 North: (478991 E, 4400296 N). iv. Farmers’ High Line Canal: The headgate of the Farmers’ High Line Canal is located on the North bank of Clear Creek in the SW1/4 of Section 27, Township 3 South, Range 70 West, a short distance below the Ford Street Bridge across Clear Creek in the City of Golden, Jefferson County, Colorado. This point is approximately 1.5 miles upstream of the headgate of the Croke Canal. Westminster provides the following coordinates to identify the relevant location utilizing the Universal Transverse Mercator (UTM) grid system projection based on the North American Datum of 1983 (NAD83), Zone 13 North: (481286 E, 4400999 N). v. Croke Canal: The headgate of the Croke Canal is located on the north bank of Clear Creek in the NW1/4 NE1/4 of Section 26, Township 3 South, Range 70 West, 6th P.M., Jefferson County, Colorado. Westminster provides the following coordinates to identify the relevant location on Clear Creek utilizing the Universal Transverse Mercator (UTM) grid system projection based on the North American Datum of 1983 (NAD83), Zone 13 North: (483408 E, 4402089 N). Decreed points of diversion also include the following: At a point on Ralston Creek where the Croke Canal crosses Ralston Creek in Section 1, Township 3 South, Range 70 West, 6th P.M., Jefferson County, Colorado, at a point near the center of said Section 1. Westminster provides the following coordinates to identify the relevant location on Ralston Creek utilizing the Universal Transverse Mercator (UTM) grid system projection based

37

on the North American Datum of 1983 (NAD83), Zone 13 North: (485135 E, 4407840 N). D. Source: Under the Consolidated Cases Decree, the source of substitute supply for the Conditional Exchange is effluent generated at the Big Dry Creek Plant and Metro Plant. The decreed sources of water diverted by exchange are Clear Creek, Ralston Creek, and Leyden Creek. The Consolidated Cases Decree lists the following sources of effluent to be used as a substitute supply: (a) municipal return flows derived from exercise of the water rights changed in the Consolidated Cases upon which any required returns have been paid, or upon which municipal return flows exceed required returns; (b) municipal return flows derived from exercise of the water rights changed to municipal use in Case Nos. W-8743, 86CW398, 88CW266, and 90CW101 upon which any required returns have been paid, or upon which municipal return flows exceed historical returns, and which are therefore fully consumable; (c) municipal return flows derived from the exercise of the water rights changed in the Consolidated Cases that accrues at times when no required returns are owed to the stream because there are no unsatisfied senior demands or the call is junior to the priority date of the exchange. E. Appropriation Dates and Amounts: December 31, 1986, for 31 c.f.s. (conditional), December 30, 1988, for 15.4 c.f.s. (conditional), and August 31, 1989, for 1.0 c.f.s. (conditional). In Case No. 04CW199, Westminster obtained a Court determination that 2.0 c.f.s. of the original 31 c.f.s. of the December 31, 1986, appropriation was absolute. The decree in Case No. 04CW199 entered on May 4, 2006. In Case No. 12CW115, Westminster obtained a Court determination that a total of 5.0 c.f.s. of the December 31, 1986, appropriation from the Metro Plant and the Big Dry Creek Plant to the Farmers’ High Line Canal headgate and Croke Canal headgate as originally decreed in the Consolidated Cases had been made absolute (inclusive of the 2.0 c.f.s. previously made absolute in Case No. 04CW199). The remaining 29.0 c.f.s. from the Metro Plant and the Big Dry Creek Plant to the Church Ditch headgate, and 26.0 c.f.s. from the Metro Plant and the Big Dry Creek Plant to the Farmers’ High Line Canal headgate and Croke Canal headgate, remain conditionally decreed. In addition, the entirety of the December 30, 1988, Conditional Exchange in the amount of 15.4 c.f.s. and the entirety of the August 31, 1989, Conditional Exchange in the amount of 1.0 c.f.s. remain conditionally decreed. An exchange table setting forth the absolute and remaining conditional amounts is attached as Exhibit 1. F. Use: Pursuant to the Consolidated Cases Decree, the exchanged water will be used in Westminster’s Municipal Water Utility System for municipal, irrigation, domestic, commercial, industrial, recreational, exchange, replacement, and augmentation purposes. Consistent with, and to the extent authorized by the Consolidated Cases Decree, water diverted into Westminster’s system by exchange shall carry rights of use, reuse, successive use, and disposition, and may be fully consumed by Westminster, since such water will be fully replaced with effluent that derives from water that may be fully consumed. 4. Detailed outline of what has been done toward completion of the appropriation and application to a beneficial use. A. The Conditional Exchange is part of Westminster’s Clear Creek Water Supply System, an integrated system under § 37-92-301(4)(b), C.R.S. During the diligence period, Westminster has continued the development of its Clear Creek Water Supply System. Activities have included, among other things, acquisition of additional interests in water on Clear Creek and its tributaries and the South Platte River and participation in numerous Water Court cases for purposes of protecting, maintaining, and developing Westminster’s Water Supply System. Expenses associated with these activities have been incurred during the diligence period. B. During the diligence period, Westminster completed design and commenced construction on a new dewatering facility and other upgrades at the Big Dry Creek Plant to increase efficiency of operations. Costs associated with these activities were incurred during the diligence period. C. During the diligence period, Westminster initiated a pre-design study for various improvements to the Big Dry Creek Interceptor Sewer system to increase the capacity and efficiency of the existing infrastructure. Costs associated with these activities were incurred during the diligence period. D. During the diligence period, Westminster completed design and commenced construction on improvements to the Little Dry Creek Interceptor Sewer system, which ultimately delivers additional wastewater flows for treatment at the Metro Plant. A portion of these additional wastewater flows constitute a source of water for the Conditional Exchange. Costs associated with these activities were incurred during the diligence period. E. During the diligence period, Westminster negotiated and obtained a bypass agreement with certain water users on Clear Creek that increased the overall efficiency of Westminster’s Clear Creek Water Supply System. Costs associated with this activity

38

were incurred during the diligence period. F. During the diligence period, Westminster continued to operate under the carriage agreement with the Farmers’ High Line Canal and Reservoir Company for the use of excess capacity in the Farmers’ High Line Canal. This agreement allows Westminster to carry additional water through the Farmers’ High Line Canal, including water exchanged to the Farmers’ High Line Canal in accordance with the decree in the Consolidated Cases. Westminster is contractually obligated to pay an annual fee for use of the Farmers’ High Line Canal. Westminster has continually made these payments during the diligence period. G. During the diligence period, Westminster has paid substantial amounts in annual assessments to the Farmers’ High Line Canal and Reservoir Company, the Church Ditch Water Authority, and the Farmers Reservoir and Irrigation Company. Said assessments have been used in part to fund annual operations and maintenance activities associated with the Farmers’ High Line Canal, the Church Ditch and the Croke Canal. The exchange decreed in the Consolidated Cases directly involves these ditches. H. During the diligence period, Westminster has participated in a number of water court proceedings in an effort, in part, to protect and maintain return flows to Clear Creek and the South Platte River basin. I. Subsequent to the filing of the application in Case No. 12CW115 on May 29, 2012, Westminster continued to operate the Conditional Exchange when in priority and in accordance with the terms and conditions set forth in the Consolidated Cases Decree. The exchanged water was applied to beneficial use consistent with the terms of the Consolidated Cases Decree. These operations did not exceed amounts previously made absolute. 5. Water applied to beneficial use: N/A. Although Westminster has continued to operate the exchange during the diligence period, such operations did not exceed amounts already made absolute. 6. Names and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: N/A. The structures involved in the Conditional Exchange are all existing, not new, diversion structures. There was, and is, no need to modify said diversion structures in order to accomplish the Conditional Exchange. On information and belief, there are no current plans to modify the existing diversion structures at this time. As a result, additional notice requirements by certified or registered mail, as set forth in § 37-92-302(2)(b), C.R.S., do not apply in this instance. WHEREFORE, Westminster respectfully requests the Court to enter its decree and ruling finding reasonable diligence as to the Conditional Exchange originally decreed in Consolidated Case Nos. 86CW397, 88CW267, and 89CW129, and providing that a subsequent showing of diligence be made six years from the date of entry of a decree of diligence in this matter. 19CW3078 (Case Nos. 12CW232, 85CW480, 03CW349) TOWN OF CASTLE ROCK, Attn: Mark Marlowe, Utilities Director, 175 Kellogg Court, Castle Rock, CO 80109, (720)733-6002, mmarlowe@crgov.com. Serve all pleadings on: Jeffrey J. Kahn, Madoline Wallace-Gross, and Carey S. Smith,, Lyons Gaddis Kahn Hall Jeffers Dworak & Grant, P.C., P.O. Box 978, Longmont, CO 80502-0978, (303)776-9900 jkahn@lyonsgaddis.com, mwg@lyonsgaddis.com., csmith@lyonsgaddis.com. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE A CONDITIONAL WATER RIGHT PARTIALLY ABSOLUTE in DOUGLAS COUNTY. 2. Original Decree for All Conditional Water Rights in This Application: Case No. 85CW480, District Court, Water Division No. 1, entered April 13, 1993. 3. Subsequent Decree Awarding Findings of Diligence for All Conditional Water Rights in This Application: Case No. 03CW349, District Court, Water Division No. 1 entered October 24, 2006 and Case No. 12CW232, District Court, Water Division No. 1 entered April 2, 2013. 4. Request for Finding of Reasonable Diligence for Conditional Rights for Wells: 4.1. Names of Structures: Well Nos. AL-1 through AL-20, inclusive (aka Castle Rock Well Nos. 184 through 203) and exchanges. 4.2. Legal Descriptions of Wells, Estimated Depth and Proposed Pumping Rate: 4.2.1. Well No. AL-1 (aka Castle Rock Well No. 184), located in SE1/4 NE1/4 Section 28, T. 7 S., R. 67 W., 6th P.M., Douglas County, 2150 feet from the north section line and 200 feet from the east section line. Estimated Depth: 120 feet. Pumping Rate: 250 gpm 4.2.2. Well No. AL-2 (aka Castle Rock Well No. 185), located in SW1/4 NW1/4 Section 27, T. 7 S., R. 67 W., 6th P.M., Douglas County, 1700 feet from the north section line and 20 feet from the west section line. Estimated Depth: 200 feet. Pumping Rate: 250 gpm

39

4.2.3. Well No. AL-3 (aka Castle Rock Well No. 186), located in SW1/4 NW1/4 Section 27, T. 7 S., R. 67 W., 6th P.M., Douglas County, 1325 feet from the north section line and 350 feet from the west section line. Estimated Depth: 150 feet. Pumping Rate: 250 gpm 4.2.4. Well No. AL-4 (aka Castle Rock Well No. 187), located in NE1/4 NE1/4 Section 28, T. 7 S., R. 67 W., 6th P.M., Douglas County, 750 feet from the north section line and 600 feet from the east section line. Estimated Depth: 150 feet. Pumping Rate: 250 gpm 4.2.5. Well No. AL-5 (aka Castle Rock Well No. 188), located in NE1/4 NE1/4 Section 28, T. 7 S., R. 67 W., 6th P.M., Douglas County, 1200 feet from the north section line and 800 feet from the east section line. Estimated Depth: 220 feet. Pumping Rate: 250 gpm 4.2.6. Well No. AL-6 (aka Castle Rock Well No. 189), located in SE1/4 NE1/4 Section 28, T. 7 S., R. 67 W., 6th P.M., Douglas County, 1650 feet from the north section line and 1050 feet from the east section line. Estimated Depth: 180 feet. Pumping Rate: 250 gpm 4.2.7. Well No. AL-7 (aka Castle Rock Well No. 190), located in SW1/4 NW1/4 Section 27, T. 7 S., R. 67 W., 6th P.M., Douglas County, 2025 feet from the north section line and 1075 feet from the west section line. Estimated Depth: 180 feet. Pumping Rate: 250 gpm 4.2.8. Well No. AL-8 (aka Castle Rock Well No. 191), located in SW1/4 NW1/4 Section 27, T. 7 S., R. 67 W., 6th P.M., Douglas County, 2400 feet from the north section line and 750 feet from the west section line. Estimated Depth: 220 feet. Pumping Rate: 250 gpm 4.2.9. Well No. AL-9 (aka Castle Rock Well No. 192), located in NW1/4 SW1/4 Section 27, T. 7 S., R. 67 W., 6th P.M., Douglas County, 2550 feet from the south section line and 375 feet from the west section line. Estimated Depth: 140 feet. Pumping Rate: 250 gpm 4.2.10. Well No. AL-10 (aka Castle Rock Well No. 193), located in NW1/4 SW1/4 Section 27, T. 7 S., R. 67 W., 6th P.M., Douglas County, 2150 feet from the south section line and 1300 feet from the west section line. Estimated Depth: 160 feet. Pumping Rate: 250 gpm 4.2.11. Well No. AL-11 (aka Castle Rock Well No. 194), located in NW1/4 SW1/4 Section 27, T. 7 S., R. 67 W., 6th P.M., Douglas County, 1875 feet from the south section line and 900 feet from the west section line. Estimated Depth: 150 feet. Pumping Rate: 250 gpm 4.2.12. Well No. AL-12 (aka Castle Rock Well No. 195), located in NE1/4 SW1/4 Section 27, T. 7 S., R. 67 W., 6th P.M., Douglas County, 1700 feet from the south section line and 2400 feet from the west section line. Estimated Depth: 200 feet. Pumping Rate: 250 gpm 4.2.13. Well No. AL-13 (aka Castle Rock Well No. 196), located in NE1/4 SW1/4 Section 27, T. 7 S., R. 67 W., 6th P.M., Douglas County, 1400 feet from the south section line and 1950 feet from the west section line. Estimated Depth: 220 feet. Pumping Rate: 250 gpm 4.2.14. Well No. AL-14 (aka Castle Rock Well No. 197), located in SE1/4 SW1/4 Section 27, T. 7 S., R. 67 W., 6th P.M., Douglas County, 1150 feet from the south section line and 1550 feet from the west section line. Estimated Depth: 160 feet. Pumping Rate: 250 gpm 4.2.15. Well No. AL-15 (aka Castle Rock Well No. 198), located in SW1/4 SE1/4 Section 27, T. 7 S., R. 67 W., 6th P.M., Douglas County, 750 feet from the south section line and 2400 feet from the east section line. Estimated Depth: 200 feet. Pumping Rate: 250 gpm 4.2.16. Well No. AL-16 (aka Castle Rock Well No. 199), located in SE1/4 SW1/4 Section 27, T. 7 S., R. 67 W., 6th P.M., Douglas County, 500 feet from the south section line and 2425 feet from the west section line. Estimated Depth: 180 feet. Pumping Rate: 250 gpm 4.2.17. Well No. AL-17 (aka Castle Rock Well No. 200), located in NW1/4 NE1/4 Section 34, T. 7 S., R. 67 W., 6th P.M., Douglas County, 25 feet from the north section line and 1800 feet from the east section line. Estimated Depth: 220 feet. Pumping Rate: 250 gpm 4.2.18. Well No. AL-18 (aka Castle Rock Well No. 201), located in NW1/4 NE1/4 Section 34, T. 7 S., R. 67 W., 6th P.M., Douglas County, 300 feet from the north section line and 2250 feet from the east section line. Estimated Depth: 200 feet. Pumping Rate: 250 gpm 4.2.19. Well No. AL-19 (aka Castle Rock Well No. 202), located in NW1/4 NE1/4 Section 34, T. 7 S., R. 67 W., 6th P.M., Douglas County, 1050 feet from the north section line and 1500 feet from the east section line. Estimated Depth: 200 feet. Pumping Rate: 250 gpm 4.2.20. Well No. AL-20 (aka Castle Rock Well No. 203), located in NW1/4 NE1/4 Section 34, T. 7 S., R. 67 W., 6th P.M., Douglas County, 1250 feet from the north section line and 1950 feet from the east section line. Estimated Depth: 160 feet. Pumping Rate: 250 gpm 4.3. Legal Descriptions of Exchanges: 4.3.1. CR Meadows Exchange No. 1. Along East Plum Creek within a reach between the western most Alluvial Well, which is designated as AL-4 and is located in the NE1/4 NE1/4 of Section 28, T. 7 S., R. 67 W., 6th P.M., and the eastern most boundary of the Meadows Development located in the NW1/4 of Section 11, T. 8 S., R. 67 W., 6th P.M. 4.3.2. CR Meadows Exchange No. 2. Along East Plum Creek within a reach between the eastern most Alluvial Well, which is designated

40

as AL-20 and is located in the NW1/4 NE1/4 of Section 34, T. 7 S., R. 67 W., 6th P.M., and the outfall of the Plum Creek Wastewater Authority Wastewater Treatment Plant located in the SW1/4 SW1/4 of Section 21, T. 7 S., R. 67 W., 6th P.M. 4.3.3. CR Meadows Exchange No. 3. Along East Plum Creek and West Plum Creek within a reach between the Alluvial Well Field located in Sections 27, 28, and 34, T. 7 S., R. 67 W., 6th P.M., and a point on West Plum Creek located in the NW1/4 of Section 1, T. 8 S., R. 68 W., 6th P.M. Water so substituted and exchanged will be delivered to West Plum Creek and carried in West Plum Creek to the confluence with East Plum Creek, and substituting and exchanging the water delivered at the confluence of East Plum Creek and West Plum Creek located in the NE1/4 of Section 1, T. 8 S., R. 68. W., 6th P.M., for water diverted at the Alluvial Well Field at the point of confluence of East and West Plum Creeks. 4.4. Sources of Water: Alluvium of East Plum Creek. 4.5. Appropriation Dates: November 14, 1985. 4.6. Amounts for All Water Rights: 5,000 gpm through any combination of the wells and for rate of exchange, CONDITIONAL. 4.7. Uses for All Water Rights: Municipal, domestic, industrial, agriculture, commercial, irrigation, stock watering, recreation, fish and wildlife, fire protection, and other beneficial uses in connection with the Meadows Development, including storage, substitution and exchange, replacement of depletions, and for all other augmentation purposes. 5. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: During the most recent diligence period, Applicant has incurred more than $30 million to conduct the following work specific to these conditional water rights and on its integrated system. 5.1. Investigated, designed and constructed Castle Rock Well Nos. AL-1, AL-2, AL-8, AL-9, AL-16, AL-18, and AL-20 in the Central (Meadows) Well Field, at a cost of approximately $970,000. 5.2. Designed and constructed horizontal lateral arms for Castle Rock Well Nos. AL-16, AL-18 and AL-20 at a cost of approximately $1,999,000. 5.3. Conducted water quality studies of the alluvial groundwater aquifer in the Central (Meadows) Well Field, at a cost of approximately $21,000. 5.4. Participated in the Chatfield Storage Reallocation Project (“Project”) at a cost of approximately $4.1 million by: 5.4.1. Obtaining Corps of Engineers (“Corps”) approval of the Project, which reallocated 20,600 acre-feet of storage space in Chatfield Reservoir and authorized the Colorado Department of Natural Resources (“DNR”) to use the storage space for various uses, including municipal use. 5.4.2. Obtaining a Water Storage Agreement between the Corps and the DNR to allow the DNR to utilize the reallocated storage space and to assign the space to other water providers. 5.4.3. Obtaining an assignment of 461 acre-feet of storage space in Chatfield Reservoir from DNR through a Water Provider Agreement. 5.4.4. Obtaining an option from the Colorado Water Conservation Board (“CWCB”) to purchase 1539 additional acre-feet of storage space in Chatfield Reservoir. 5.4.5. Creating the Chatfield Reservoir Mitigation Company to complete work necessary to operate the Project. 5.4.6. Defending against litigation filed by the Audubon Society related to the Project. 5.5. Rehabilitated and upgraded the metering vault, controls and pumping equipment for Castle Rock Well Nos. AL-78, AL-79 and AL-80, at a cost of approximately $78,000. 5.6. Studied water quality, studied alluvium characteristics, modified the vaults, replaced the flow meters and added variable frequency drives for Castle Rock Well No. 79 (Heckendorf Well No. 2) and Castle Rock Well No. 80 (Heckendorf Well No. 3), at a cost of approximately $86,000. 5.7. Rehabilitated Castle Rock Well No. 12R, including rebuilding the pump, installing a new flow meter, adding variable frequency drives, building a new control panel and programming the panel, at a cost of approximately $28,500. 5.8. Designed and constructed horizontal well replacements for Castle Rock Well Nos. 11R, 12R, 13R at a cost of approximately $1,221,600. 5.9. Rehabilitated and replaced alluvial well pumping equipment at a cost of approximately $123,500. 5.10. Designed and constructed Castle Rock Diversion 1 at a cost of approximately $750,000. 5.11. Completed the following work related to the Plum Creek Water Purification Facility: 5.11.1. Designed and constructed the Plum Creek Water Purification Facility with a treatment capacity of 4 MGD at a cost of approximately $2,941,000. 5.11.2. Purchased and installed an additional Pall membrane equipment rack with a treatment capacity of 2 MGD at a cost of approximately $1,006,000. 5.11.3. Conducted a Plum Creek Water Purification Facility Planning Study with jar testing at a cost of approximately $20,000. 5.11.4. Created a Basis of Design Report for the Plum Creek Water Purification Facility advanced treatment project (including biologically active carbon (BAC) filtration system) at a cost of approximately $87,000. 5.11.5.

41

Hired consultants for negotiating and implementing contracts related to the advanced treatment project at a cost of approximately $25,000. 5.11.6. Completed pilot testing related to the advanced treatment project, including BAC filtration, as required by Colorado Department of Health and the Environment at a cost of approximately $200,000. 5.11.7. Began design of the Plum Creek Water Purification Facility’s advanced treatment with a treatment capacity of 12 MGD at a cost of approximately $1,300,000. 5.11.8. Relocated generator from PS Miller Water Treatment Plant to Plum Creek Water Purification Facility at a cost of approximately $120,000. 5.11.9. Conducted an aquifer storage and recovery pilot study associated with Plum Creek Water Purification Facility at a cost of approximately $500,000. 5.12. Conducted studies, designed and constructed the expansion to Plum Creek Water Reclamation Authority’s wastewater treatment plant at a cost of approximately $3,000,000. 5.13. Purchased and designed upgrades to the Plum Creek Diversion and Castle Rock Reservoir Nos. 1 and 2 (also known as Sedalia Reservoir) at a cost of approximately $11,300,000. 5.14. Began and/or continued to adjudicate Water Court applications in Case Nos. 09CW166, 12CW296. 13CW3028, 16CW3178, 16CW3102, 17CW3044, 17CW3128, 17CW3161 and 17CW3211, at a cost of more than $376,700. 5.15. Opposed applications that could injure Applicant’s water rights, including this water right, in Case Nos. 04CW292, 04CW293, 05CW270, 09CW262, 09CW275, 09CW279, 10CW261, 10CW263, 11CW18, 11CW180, 11CW215, 12CW75, 14CW3045, 14CW3054, 15CW3016, 15CW3148, 15CW3181, 16CW3112, 16CW3138, 17CW3122, 17CW3176, 18CW3038, 18CW3039 and 18CW3066. 5.16. Conducted legal and engineering work to determine whether to acquire certain senior water rights for use in Applicant’s municipal water system. 6. Claim to Make Conditional Water Rights Absolute. 6.1. Water Rights Claimed Absolute, including Dates and Amounts: 6.1.1. Well No. AL-1 (AKA CR 184): 138 gpm (0.31 c.f.s.) on November 3, 2013. 6.1.2. Well No. AL-2 (AKA CR 185): 81 gpm (0.18 c.f.s.) on July 8, 2015. 6.1.3. Well No. AL- 8 (AKA CR 191): 72 gpm (0.16 c.f.s.) on November 2, 2014. 6.1.4. Well No. AL-9 (AKA CR 192): 121 gpm (0.27 c.f.s.) on September 13, 2013. 6.1.5. Well No. AL-16 (AKA CR 199): 39 gpm (0.09 c.f.s.) on June 9, 2017. 6.1.6. Well No. AL-18 (AKA CR 201): 84 gpm (0.18 c.f.s.) on December 21, 2016. 6.1.7. Well No. AL-20 (AKA CR 203): 41 gpm (0.09 c.f.s.) on January 14, 2017. 6.1.8. CR Meadows Exchange No. 2 (as such is described in ¶ 4.3.2 herein): 467 gpm (1.04 c.f.s.) on September 17, 2016 6.2. Uses: Municipal, domestic, industrial, agriculture, commercial, irrigation, stock watering, recreation, fish and wildlife, fire protection, and other beneficial uses in connection with the Meadows Development, including storage, substitution and exchange, replacement of depletions, and for all other augmentation purposes. 6.3. Place of use: The Meadows Development, as such is described in ¶ A.4.d. and Exhibit B of the decree in Case No. 85CW480. 7. Map of Structures: A map showing the location of the structures is attached hereto as EXHIBIT A. 8. Integrated Water Supply System. The conditional water rights are component parts of Applicant’s integrated water supply system, which consists of tributary water rights, augmentation plans, appropriative rights of exchange, conditional water rights and non-tributary groundwater rights. Pursuant to C.R.S. § 37-92-301(4)(B), work on one component of the system shall be considered in finding that reasonable diligence has been shown for all components of the system. 9. Owners of land upon which the structures are or will be located: Castle Rock Well Nos. 184 through 203 are located on land owned by Castle Rock Land Co. LLC, c/o Castle Rock Development Co., 3033 E. First Avenue, Suite 410, Denver, CO 80206. The outfall of the Plum Creek Wastewater Treatment Plant is located on land owned by Plum Creek Water Reclamation Authority, 4255 NW Highway 85, Castle Rock, CO 80108.WHEREFORE, Applicant respectfully requests the Court enter a decree finding that: A) Applicant has made the groundwater rights and exchanges described in ¶ 6 herein partially absolute; and B) Applicant has been reasonably diligent in perfecting the remaining conditional water rights described herein. Number of pages in application: 9 19CW3079 (82CW425, 89CW100, 96CW68, 2002CW282, 2012CW245) Town of Morrison (“Morrison” or “Applicant”), Kara Winters, Town Administrator, 321 Highway 8, Morrison, CO 80465, Telephone: (303) 697-8749, Email: kara@morrisonco.us. Direct pleadings to Cynthia F. Covell, Andrea L. Benson, and Gilbert Y. Marchand, Jr., Alperstein & Covell P.C., 1600 Broadway, Suite 1070, Denver, CO 80202, telephone (303) 894-8191. Application to Make Water Right Absolute or in the Alternative for Finding of Reasonable Diligence (Morrison Operating Reservoir), in JEFFERSON

42

COUNTY. 2. Name of structure: Morrison Operating Reservoir. 1. 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: July 19, 1985, Case No.: 82CW425, Court: Water Court, Water Division 1; b. Location: The decreed location of the Morrison Operating Reservoir is in the center of the NW1/4 Section 2, T5S, R70W of the 6th P.M. in Jefferson County, Colorado, being 1,250 feet from the West section line and 1,437 feet from the North section line of said Section 2, as shown on Exhibit A; c. Source: Bear Creek and runoff from unnamed gulches that are intercepted by the reservoir; d. Appropriation date: December 13, 1982; e. Amount: 28.8 acre-feet, conditional; f. Use: Municipal purposes, including domestic, fire protection, and for augmentation purposes pursuant to Applicant’s decreed plans for augmentation.; g. Point of Diversion: The off-channel reservoir is filled through a pipeline connected to Applicant’s intake on Bear Creek, which is more particularly described as a point on the south bank of Bear Creek in the SW1/4 SE1/4, Section 34, T4S, R70W of the 6th P.M. in Jefferson County, Colorado at a point whence the SE corner of said Section 34 bears South 79 ̊28’ East 2,452.5 feet. Water may also enter the reservoir in the form of runoff from unnamed gulches which are intercepted by the reservoir. 3. Previous finding of diligence: Diligence was awarded to Morrison Operating Reservoir in Case Nos. 89CW100 (March 30, 1990), 96CW68 (November 18, 1996), 2002CW282 (October 13, 2006), and 2012CW245 (April 14, 2013), in Water Court, Division No. 1. 4. Provide a detailed outline of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: The Morrison Operating Reservoir is an existing structure. Water to fulfill the storage right decreed to the Morrison Operating Reservoir is diverted from Bear Creek and stored for subsequent municipal and augmentation uses. The Morrison Operating Reservoir water right is an integral part of Morrison’s integrated municipal water supply system, which provides water within the Town of Morrison and extraterritorially by agreement. 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. As described below in paragraph 6, during the last diligence period, the Town diverted and stored the Morrison Operating Reservoir water right in priority. In addition, during this diligence period, the Town staff spent significant time maintaining, repairing and operating the reservoir, including but not limited to: (1) pulled all weeds, trees and brush from reservoir bank that was requested by the State; (2) cleared overflow from debris; (3) installed signage around reservoir; (4) drained the reservoir to clean debris; (5) fixed slide gate located at the bottom of reservoir; (6) excavated overflow path; (7) mowed and weed whacked reservoir bank and surrounding area; (8) documented flow to reservoir daily; (9) read and checked gage daily; and (10) participated in and completed state inspections each year. Morrison expended legal fees for its water rights counsel in the amount of approximately of $50,000 during this diligence period to assist with development and to defend Morrison’s water rights, including but not limited to the Morrison Operating Reservoir, in cases filed by others when Morrison determined that injury to its water rights could occur in the absence of appropriate terms and conditions. Morrison also expended approximately $22,000 on engineering services provided by its water resource consulting engineers, including required accounting for storage in and use of the Morrison Operating Reservoir and for use of the Town’s other water rights and supplies, as required by its water court decrees, analysis of the Town’s water rights yield, protection and development of the Town’s water rights, engineering analysis and design of reservoir improvements, and other water engineering services related to utilization of the Town’s water supply and storage capabilities. 5. Claim to make absolute in part: a. Date water applied to beneficial use: Various dates throughout Water Year 2014 (November, 2013 through October, 2014). B. Amount:

Month Amount March, 2014 18.46 acre-feet April, 2014 0.25 acre-feet June, 2014 2.14 acre-feet July, 2014 6.39 acre-feet August, 2014 1.00 acre-feet

43

September, 2014 0.56 acre-feet TOTAL 28.80 acre-feet

c. Supporting Evidence. Table 1 attached hereto summarizes the amounts stored pursuant to the Morrison Operating Reservoir water right during Water Year 2014. Table 2 summarizes the daily call records for the months in which Applicant stored the Morrison Operating Reservoir water right in priority. This information was compiled from the annual accounting submittals to the State and Division Engineers Offices by Applicant. Also attached is a more detailed accounting of the daily call records and storage of the Town’s water rights. WHEREFORE, Applicant, Town of Morrison, having demonstrated that it has placed the Morrison Operating Reservoir water storage right decreed in Case No. 82CW425 to beneficial use in the amount of 28.80 acre-feet, respectfully requests this court find that the Morrison Operating Reservoir water storage right has been made absolute. In the alternative, if the Court does not find that all or a portion of the Morrison Operating Reservoir water storage right has been made absolute, having demonstrated that Applicant has steadily applied effort to complete the appropriation of any conditional portion of water right in a reasonably expedient and efficient manner under all the facts and circumstances, respectfully requests this Court to find that it has exercised reasonable diligence in putting to beneficial use the water storage right conditionally decreed in Case No. 82CW425, and to continue the conditional decree for any portion or all of the Morrison Operating Reservoir water storage right for another six years, or such period as may otherwise be permitted by law. (5 pages). 19CW3080 TOWN OF ESTES PARK, PO Box 1200, Estes Park, CO 80517. Frederick A. Fendel, III, Matthew S. Poznanovic, Eric K. Trout, Petrock Fendel Poznanovic, PC., 700 17th St., Suite 1800, Denver, CO, 80202. Application for Appropriative Right of Exchange in LARIMER COUNTY. 1. Summary of application: Estes Park’s potable water supply is derived in part from a 1994 renewal of an agreement with the United States Bureau of Reclamation for 500 acre feet per year from the Colorado Big Thompson (“CBT”) project (“Reclamation Contract”), 1217 CBT units (“CBT Water”) under an allotment contract with the Northern Colorado Water Conservancy District, and 3 Windy Gap (“Windy Gap Water”) units under an allotment contract with the Municipal Subdistrict, Northern Colorado Water Conservancy District. Transmountain water is or will be delivered to Estes Park out of CBT project facilities directly to the Mary’s Lake Water Treatment Plant, and by exchange to the Glacier Creek water treatment plant at its existing Glacier Creek Pipeline intake and its proposed Big Thompson Intake. 2. Exchange of Windy Gap water from Lake Estes and exchange of return flow to the Glacier Creek pipeline was decreed in Case No. 97CW126, and is the subject of pending Case No. 19CW3065. Exchange from all three sources to the Big Thompson Intake from Lake Estes and the two wastewater treatment plants serving Estes Park’s service area, and exchange of Reclamation Contract water and CBT water to the Glacier Creek Pipeline are the subject of Case No. 18CW3229. 3. From time to time, the Bureau of Reclamation releases water for Estes Park downstream near the mouth of the Big Thompson canyon. This application seeks to confirm two rights of exchange from two downstream locations to the Big Thompson Intake (conditional) and the Glacier Creek Pipeline (an existing exchange). The sources of substitute supply for the exchanges from the downstream locations are direct releases of CBT Water, Windy Gap water, and Reclamation Contract water. 4. Estes Park claims an appropriative right of exchange as follows: Points of diversion: Big Thompson Intake, located in the NE 1/4, Section 4, Township 4 North, Range 73 West of the 6th P.M., Larimer County, Colorado, generally within a reach approximately 200 feet downstream of the confluence with Glacier Creek. Glacier Creek Pipeline, located on the south bank of Glacier Creek in the NE 1/4 SE 1/4 NW 1/4, Section 5, Township 4 North, Range 73 West of the 6th P.M., Larimer County, Colorado. Points of release of substitute supply: Bottom of Big Thompson Canyon 1 (“BBTC 1”), located in the SE 1/4 SW 1/4, Section 3, Township 5 North, Range 70 West of the 6th P.M., Larimer County, Colorado, at Lat: 40°25'17.38"N, Long: 105°13'31.37"W. Bottom of Big Thompson Canyon 2 (“BBTC 2”), located in the NW 1/4 NE 1/4, Section 10, Township 5 North, Range 70 West of the 6th P.M., Larimer County, Colorado, at Lat: 40°25'16.56"N, Long: 105°13'24.84"W. Sources of substitute supply: Reclamation Contract Water: Estes Park has Contract No. 4-07-60-W1075 with the Bureau of Reclamation to be supplied 500 acre-feet of water annually during the 12-month period from November 1 through October 31. CBT Water: Estes

44

Park owns 1217 units of Colorado Big Thompson Project water. Windy Gap Water: Estes Park owns 3 units of Windy Gap project water. Return flow of Windy Gap water after prior use by Estes Park. Return flow accrues as wastewater treated and discharged by the Estes Park Sanitation District and the Upper Thompson Sanitation District. Amounts: 10 c.f.s. conditional exchange to Big Thompson Intake. 4 c.f.s. absolute exchange to Glacier Creek Pipeline. 5.3 c.f.s. conditional exchange to Glacier Creek Pipeline. Priority dates: Conditional exchange to the Big Thompson Intake: April 30, 2019. This appropriation was initiated by planning by Estes Park including the development of a Water System Master Plan in 2015, acquisition of an easement for the intake in 2019, action of the Board of Trustees, and filing of this application. Absolute exchange to Glacier Creek Pipeline: The appropriation was initiated by operation of the exchange on or before July 13, 1998. This is an existing exchange entitled to have its original priority date recognized and reserved pursuant to C.R.S. § 37-92-305(10). Conditional exchange to the Glacier Creek Pipeline: April 30, 2019. This appropriation was initiated by planning by Estes Park including the development of a Water System Master Plan in 2015, acquisition of an easement for the Big Thompson Intake in 2019, action of the Board of Trustees, and filing of this application. Use: All uses for which the substitute supply is decreed, including municipal, irrigation, industrial, and recreational uses. 5. Owners of land on which facilities are located: Glacier Creek Pipeline: Estes Park. Big Thompson Intake: Estes Park owns an easement for the subject property. BBTC 1: United States of America, c/o Bureau of Reclamation, Eastern Colorado Area Office, 11056 West County Road 18E, Loveland, Colorado, 80537; BBTC 2: Sisters of the West, LLLP., 529 South 31st Street, Colorado Springs, Colorado, 80904. Estes Park prays for a decree approving its claimed rights of exchange, and for such other and further relief as is justified by the evidence and the law. 5 Pages. 19CW3081, CITY OF BOULDER (“Boulder”), c/o Joe Taddeucci, P.E., Water Resources Manager, P.O. Box 791, Boulder, Colorado 80306-0791, Telephone: (303) 441-3200, email: taddeuccij@bouldercolorado.gov. Attorneys: Jessica L. Pault-Atiase, CITY OF BOULDER, COLORADO, OFFICE OF THE CITY ATTORNEY, P. O. Box 791, Boulder, Colorado 80306-0791, Telephone: (303) 441-3020, email: pault-atiasej@bouldercolorado.gov and Douglas M. Sinor, Esq., TROUT RALEY, 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203, Telephone: (303) 861-1963, email: dsinor@troutlaw.com. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE CONDITIONAL WATER RIGHT ABSOLUTE IN PART, IN BOULDER COUNTY, COLORADO 1. Name, Mailing Address, Email Address and Telephone Number of Applicant: see above. 2. Introduction: By this application, Boulder seeks a determination of reasonable diligence in the development of the conditional water rights decreed in Case No. 1999CW217, District Court, Water Division No. 1, on April 5, 2013 for Barker Meadow Reservoir (“99CW217 Decree”), and to make absolute in part such conditional water rights based on in-priority diversions to storage during 2013 through 2018. 3. Name of reservoir: Barker Meadow Reservoir 4. Describe conditional water rights: a. Date of original decree: April 5, 2013 b. Case No.: 1999CW217 c. Court: District Court, Water Division No. 1 d. List of all subsequent decrees awarding findings of diligence: Not applicable. e. Legal description of location of storage: Barker Meadow Reservoir is located on the mainstem of Middle Boulder Creek in the W 1/2 of Section 17 and in Section 18, Township 1 South, Range 72 West, of the 6th P.M. and in the E 1/2 of Section 13, Township 1 South, Range 73 West, of the 6th P.M., Boulder County, Colorado. f. Source: Middle Boulder Creek, a tributary of Boulder Creek. g. Date of appropriation: November 17, 1999. h. Amount: 3,687 acre-feet per year fill, CONDITIONAL; 1,307 acre-feet per year refill, CONDITIONAL. i. Uses: All municipal purposes, including, without limitation, domestic, storage, irrigation, commercial, industrial, power generation, fire protection, recreation, fish and wildlife preservation and propagation, exchange, substitution, augmentation, replacement and recharge, within the Boulder service area and outside the Boulder service area for such extra-territorial customers as Boulder may serve from time to time pursuant to Boulder’s City Charter and contracts. Such use shall include the right to make a fully consumptive first use of the water and to use, reuse and successively use the water to extinction for the purposes described in the forgoing sentence. 5. Integrated system: These water rights are part of Boulder’s integrated water supply system. Pursuant to C.R.S. § 37-92-301(4)(b), when an integrated system is composed of several features,

45

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. 6. 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, Boulder continued to plan for and pursue the use of the subject conditional water rights as a component of its integrated water supply system. In furtherance of such use, Boulder has expended approximately $38.4 million on its integrated water supply system during the diligence period on work related to exercise and use of the subject conditional water rights. The work undertaken by Boulder during the diligence period includes but is not limited to the following, all of which relates to the completion of the appropriations and application of the subject conditional water rights to beneficial use as decreed: (1) inspection, design and rehabilitation of the Barker Gravity Pipeline (also known as the Boulder City Pipeline #3) at a cost of approximately $4,725,000; (2) inspection, design, testing and rehabilitation of the Barker Meadow Reservoir dam outlet and spillway gates at a cost of approximately $108,000; (3) completion of a seismic analysis for Barker Meadow Reservoir dam at an approximate cost of $65,000; (4) design and re-facing of the Kossler Reservoir southeast dam at a cost of approximately $680,000; (5) development of a hazard classification for the Island Lake dam in the Silver Lake Watershed at a cost of approximately $11,000; (6) inspection and rehabilitation of the outlet works for Silver Lake Reservoir, Goose Lake Reservoir, and Green Lakes Reservoirs at a cost of approximately $72,000; (7) rehabilitation and solar power upgrades of the Silver Lake Diversion structure at a cost of approximately $257,000; (8) rehabilitation of the diversion gates for Lakewood Reservoir at a cost of approximately $2,000; (9) repair of the outlet works and alternatives analyses for rehabilitation of the Lake Albion dam at a cost of approximately $225,000; and (10) design and construction of facility and treatment process upgrades at the Betasso Water Treatment Plan at a cost of approximately $32,180,000. During the diligence period, Boulder also spent in excess of $1.5 million for legal and engineering services in connection with the water rights that are part of its integrated water supply system and for participating as an objector in various Water Court cases to protect its water rights, including the subject substitutions and exchanges, from injury due to claims of other water users. 7. Claim to make absolute: a. Date and amount of water applied to beneficial use: i. 99CW217 Decree First Fill Right: Barker Meadow Reservoir completed storing under the 99CW217 Decree first fill right in the total decreed amount of 3,687 acre-feet during the flood event in fall 2013. The 99CW217 Decree first fill right was fully exercised again in May 2014, May 2015, April 2016, May 2017 and May 2018 in the total decreed amount of 3,687 acre-feet. ii. 99CW217 Decree Refill Right: During the diligence period, Boulder also stored water in each year pursuant to the 99CW217 Refill Right. All diversions under the 99CW217 Refill Right were made after Barker Meadow Reservoir reached a complete fill and physical space became available through a release of stored water. On March 31, 2015, Boulder stored a maximum of 784 acre-feet under the 99CW217 Decree refill right. iii. Attached to the application as Exhibit 1 are annual and monthly summaries of Boulder’s Barker Meadow Reservoir accounting submittals documenting operation of the diversions to storage. b. Use and description of place of use: Boulder diverted water to storage in Barker Meadow Reservoir under the 99CW217 Decree for the municipal uses described in paragraph 4(i) above. According to C.R.S. §§ 37-92-103(4)(a), 37-92-301(4)(e) and 37-92-301(4)(d), a decreed conditional water right shall be made absolute for all decreed purposes to the extent of the volume of the appropriation that has been captured, possessed and controlled at the decreed storage structure. 8. Name and address of owner of 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, including any modification to the existing storage pool: No new diversion or storage structures or modification to any existing diversion or storage structure or existing storage pool is or will be constructed. Applicant is the owner of the land upon which water is or will be stored. WHEREFORE, Boulder requests the Court to enter a decree finding and determining that Boulder has exercised reasonable diligence in the development of the subject conditional water rights, that the subject conditional water rights for Barker Meadow Reservoir have been made absolute in the amounts stated in paragraph 7 above, and continuing the remaining portion of the subject conditional water rights in full force and effect for an additional diligence period. (6 pages)

46

19CW3082, Robert and Mary Simpson, 11919 Tomahawk Road, Parker, CO 80138 (James J. Petrock, Petrock Fendel Poznanovic, 700 17th Street, #1800, Denver, CO 80202), Nontributary groundwater in DOUGLAS COUNTY, 19.4 acres located in the N1/2NE1/4NE1/4 of Section 18, T6S, R65W of the 6th P.M., Douglas County, as shown on Attachment A. Estimated Annual Amounts: Lower Dawson: 3.9 acre-feet (includes amount associated with Permit No. 185346); Denver: 9.3 acre-feet; Arapahoe: 9 acre-feet; Laramie-Fox Hills: 6.6 acre-feet. Uses: domestic, including in-house use, irrigation, stockwatering, and augmentation, including storage, on and off the Subject Property. Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (4 pages). WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED.

YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of JUNE 2019 (forms available on www.courts.state.co.us or in the Clerk’s office) and must be filed as an Original and include $192.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.