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DISTRICT COURT, WATER DIVISION 1, COLORADO JUNE 2012 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of JUNE 2012 for each County affected. 12CW128 PROTEST TO REVISED ABANDONMENT LIST INVOLVING WATER RIGHT IN LARIMER COUNTY. Protestant: Roland Dixon, PO Box 105, Bellvue, CO 80512. Lambert South Well. 12CW129 COMPLAINT. Plaintiffs: Daniel Beauvais, Linda Beauvais, Walter Brink, Janice Brink, Craig Corey, Nancy Corey, Steve Gardner, Karen Gardner, William Gill, Cheryl Gill, Craig Grotness, Ann Grotness, Richard Johnson, Becky Johnson, Wade Kisch, Joseph Klickna, Pat Klickna, Nicholas Monteleone, Maryanne Monteleone, Stanton Murray, Judy Murray, Craig Perry, Linda Perry, Steve Pierce, Rhonda Pierce, Timothy Rohrbacher, Carol Rohrbacher, Janet Russell, JackSchneider, Beverly Schneider, Warren Seiler, Rose Anne Seiler, Nicholas Shaver, Timothy Shaver and The Baldridge Subdivision Homeowner’s Association of Weld County, Colorado v. Defendant: Franklin Lake Farms, LLC. 12CW130 PROTEST TO REVISED ABANDONMENT LIST INVOLVING WATER RIGHT IN WELD COUNTY. Protestant: Evert (Jack) L. and Ila Mae Larson, 29470 WCR 66, Gill, CO 80624. Telephone: 970-396-0508. 12CW131 APPLICATION WITHDRAWN 12CW132 PVIC Augmentation Group, LLC, 14460 County Road 40, Platteville, CO 80651, attorney: P. Andrew Jones, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534, Telephone: (970) 622-8181, [email protected], APPLICATION TO ADD WELLS TO THE PLAN FOR AUGMENTATION DECREED IN CASE NO. 08CW71, WELD COUNTY. Purpose of Application. Paragraph 28.1.1 of the decree in Case No. 08CW71, District Court, Water Division No. 1 (“PVIC Aug Group Decree”), allows Applicant to add wells to the Plan for Augmentation by filing an Application with the Water Court. By this application, Applicant intends to add five (5) new water rights to be withdrawn from existing Member Wells (the “Industrial Rights”) to the Plan for Augmentation. The wells from which the Industrial rights are withdrawn are currently owned and used by PVIC Augmentation Group, LLC members. An application to adjudicate the Industrial Rights, filed by Green Water Resource Alliance, LLC, PVIC Augmentation Group, LLC and A&W Water Services, Inc. in Case, is pending in Case No. 12CW133, District Court, Water Division No. 1. 3. Augmented Water Rights. 3.1 Name of Water Right: Sandau 5 Star Turf 8522 Industrial Right. 3.1.1 Source and Point of Diversion. Alluvial ground water formation in the Southeast Quarter of the Southwest Quarter of Section 25, Township 4 North, Range 66 West of the 6 th P.M., Weld County, Colorado, at a point 50 feet North and 1380 feet East of the SW Corner of said Section 25. 3.1.2 Depth of Well: 60 feet. 3.1.3 Date of appropriation: May 31, 2012. 3.1.4 How appropriation was initiated: Formation of intent to appropriate water to a beneficial use, engineering analysis, filing of this application. 3.1.5 Amount Claimed: 696 g.p.m. (1.55 c.f.s.), 1122 acre feet, conditional. 3.1.6 Uses: Industrial, equipment washing, oil and gas exploration, development, and reclamation, and dust suppression in Larimer, Weld, Boulder, Jefferson, Broomfield, Morgan, Adams, Arapahoe, Douglas, Elbert and El Paso counties. 3.1.7 Augmentation Plan: Pending, Case No. 2008CW71. 3.2 Name of Water Right: Hunt RF-371 Industrial Right 3.2.1 Source and Point of Diversion. Alluvial ground water formation in the Northwest Quarter of Section 33, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. GPS Coordinates: NAD 83, Easting 518099, Northing 4458318. 3.2.2 Depth of

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Page 1: DISTRICT COURT, WATER DIVISION 1, COLORADO JUNE 2012 … · DISTRICT COURT, WATER DIVISION 1, COLORADO JUNE 2012 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS

DISTRICT COURT, WATER DIVISION 1, COLORADO JUNE 2012 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of JUNE 2012 for each County affected. 12CW128 PROTEST TO REVISED ABANDONMENT LIST INVOLVING WATER RIGHT IN LARIMER COUNTY. Protestant: Roland Dixon, PO Box 105, Bellvue, CO 80512. Lambert South Well. 12CW129 COMPLAINT. Plaintiffs: Daniel Beauvais, Linda Beauvais, Walter Brink, Janice Brink, Craig Corey, Nancy Corey, Steve Gardner, Karen Gardner, William Gill, Cheryl Gill, Craig Grotness, Ann Grotness, Richard Johnson, Becky Johnson, Wade Kisch, Joseph Klickna, Pat Klickna, Nicholas Monteleone, Maryanne Monteleone, Stanton Murray, Judy Murray, Craig Perry, Linda Perry, Steve Pierce, Rhonda Pierce, Timothy Rohrbacher, Carol Rohrbacher, Janet Russell, JackSchneider, Beverly Schneider, Warren Seiler, Rose Anne Seiler, Nicholas Shaver, Timothy Shaver and The Baldridge Subdivision Homeowner’s Association of Weld County, Colorado v. Defendant: Franklin Lake Farms, LLC. 12CW130 PROTEST TO REVISED ABANDONMENT LIST INVOLVING WATER RIGHT IN WELD COUNTY. Protestant: Evert (Jack) L. and Ila Mae Larson, 29470 WCR 66, Gill, CO 80624. Telephone: 970-396-0508. 12CW131 APPLICATION WITHDRAWN 12CW132 PVIC Augmentation Group, LLC, 14460 County Road 40, Platteville, CO 80651, attorney: P. Andrew Jones, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534, Telephone: (970) 622-8181, [email protected], APPLICATION TO ADD WELLS TO THE PLAN FOR AUGMENTATION DECREED IN CASE NO. 08CW71, WELD COUNTY. Purpose of Application. Paragraph 28.1.1 of the decree in Case No. 08CW71, District Court, Water Division No. 1 (“PVIC Aug Group Decree”), allows Applicant to add wells to the Plan for Augmentation by filing an Application with the Water Court. By this application, Applicant intends to add five (5) new water rights to be withdrawn from existing Member Wells (the “Industrial Rights”) to the Plan for Augmentation. The wells from which the Industrial rights are withdrawn are currently owned and used by PVIC Augmentation Group, LLC members. An application to adjudicate the Industrial Rights, filed by Green Water Resource Alliance, LLC, PVIC Augmentation Group, LLC and A&W Water Services, Inc. in Case, is pending in Case No. 12CW133, District Court, Water Division No. 1. 3. Augmented Water Rights. 3.1 Name of Water Right: Sandau 5 Star Turf 8522 Industrial Right. 3.1.1 Source and Point of Diversion. Alluvial ground water formation in the Southeast Quarter of the Southwest Quarter of Section 25, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, at a point 50 feet North and 1380 feet East of the SW Corner of said Section 25. 3.1.2 Depth of Well: 60 feet. 3.1.3 Date of appropriation: May 31, 2012. 3.1.4 How appropriation was initiated: Formation of intent to appropriate water to a beneficial use, engineering analysis, filing of this application. 3.1.5 Amount Claimed: 696 g.p.m. (1.55 c.f.s.), 1122 acre feet, conditional. 3.1.6 Uses: Industrial, equipment washing, oil and gas exploration, development, and reclamation, and dust suppression in Larimer, Weld, Boulder, Jefferson, Broomfield, Morgan, Adams, Arapahoe, Douglas, Elbert and El Paso counties. 3.1.7 Augmentation Plan: Pending, Case No. 2008CW71. 3.2 Name of Water Right: Hunt RF-371 Industrial Right 3.2.1 Source and Point of Diversion. Alluvial ground water formation in the Northwest Quarter of Section 33, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. GPS Coordinates: NAD 83, Easting 518099, Northing 4458318. 3.2.2 Depth of

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Well: 82 feet. 3.2.3 Date of appropriation: May 31, 2012.3.2.4 How appropriation was initiated: Formation of intent to appropriate water to a beneficial use, engineering analysis, filing of this application. 3.2.5 Amount Claimed: 500 g.p.m. (1.11 c.f.s.), 803 acre feet, conditional.3.2.6 Uses: Industrial, equipment washing, oil and gas exploration, development, and reclamation, and dust suppression in Larimer, Weld, Boulder, Jefferson, Broomfield, Morgan, Adams, Arapahoe, Douglas, Elbert and El Paso counties. 3.2.7 Augmentation Plan: Pending, Case No. 2008CW71. 3.3 Name of Water Right: Thompson 1502 Industrial Right 3.3.1 Source and Point of Diversion. Alluvial ground water formation in the Southwest Quarter of the Southeast Quarter of Section 6, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado at a point 692 feet north and 2575 feet West of the Southeast corner of said Section 6. 3.3.2 Depth of Well: 41 feet. 3.3.3 Date of appropriation: May 31, 2012. 3.3.4 How appropriation was initiated: Formation of intent to appropriate water to a beneficial use, engineering analysis, filing of this application. 3.3.5 Amount Claimed: 600 g.p.m. (1.33 c.f.s.), 967 acre feet, conditional. 3.3.6 Uses: Industrial, equipment washing, oil and gas exploration, development, and reclamation, and dust suppression in Larimer, Weld, Boulder, Jefferson, Broomfield, Morgan, Adams, Arapahoe, Douglas, Elbert and El Paso counties. 3.3.7 Augmentation Plan: Pending, Case No. 2008CW71.3.4 Name of Water Right: Thompson 1503 Industrial Right 3.4.1 Source and Point of Diversion. Source and Point of Diversion. Alluvial ground water formation in the Southwest Quarter of the Southeast Quarter of Section 6, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado at a point 964 feet north and 2575 feet West of the Southeast corner of said Section 6. 3.4.2 Depth of Well: 39 feet. 3.4.3 Date of appropriation: May 31, 2012. 3.4.4 How appropriation was initiated: Formation of intent to appropriate water to a beneficial use, engineering analysis, filing of this application. 3.4.5 Amount Claimed: 600 g.p.m. (1.33 c.f.s.), 967 acre feet, conditional.3.4.6 Uses: Industrial, equipment washing, oil and gas exploration, development, and reclamation, and dust suppression in Larimer, Weld, Boulder, Jefferson, Broomfield, Morgan, Adams, Arapahoe, Douglas, Elbert and El Paso counties. 3.4.7 Augmentation Plan: Pending, Case No. 2008CW71.3.5 Name of Water Right: Thompson 1504 Industrial Right 3.5.1 Source and Point of Diversion. Source and Point of Diversion. Alluvial ground water formation in the Southwest Quarter of the Southeast Quarter of Section 6, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado at a point 1310 feet north and 2575 feet West of the Southeast corner of said Section 6. 3.5.2 Depth of Well: 39 feet. 3.5.3 Date of appropriation: May 31, 2012. 3.5.4 How appropriation was initiated: Formation of intent to appropriate water to a beneficial use, engineering analysis, filing of this application. 3.5.5 Amount Claimed: 801 g.p.m. (1.78 c.f.s.), 1289 acre feet, conditional. 3.5.6 Uses: Industrial, equipment washing, oil and gas exploration, development, and reclamation, and dust suppression in Larimer, Weld, Boulder, Jefferson, Broomfield, Morgan, Adams, Arapahoe, Douglas, Elbert and El Paso counties. 3.5.7 Augmentation Plan: Pending, Case No. 2008CW71. 4. Statement of Plan for Augmentation. The Wells will be augmented pursuant to the terms and conditions of the PVIC Aug Group Decree. 5. Names and addresses of owners or reputed owners of land/structures. 5.1 Bruce Sandau, 18446 County Road 31, Platteville, CO 80651. 5.2 David and Kayleen Hunt, 14460 WCR 40, Platteville, CO 80651. 5.3 Tim Thompson, 17295 US Highway 85, Platteville, CO 80651. This application consists of 6 pages. 12CW133, Green Water Resource Alliance, LLC, c/o Regenesis Management Group, LLC, 2442 S. Downing Street #250, Denver, CO 80210, Phone: 303-777-4000, PVIC Augmentation Group, LLC, 14460 County Road 40, Platteville, CO 80651, Phone: 970-737-2437, A&W Water Services, Inc., 3770 Puritan Way, Suite E, Frederick, CO 80516, Phone: 303-654-8414, attorney: P. Andrew Jones, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534, Telephone: (970) 622-8181, [email protected], APPLICATION FOR WATER RIGHTS IN WELD COUNTY, 1. Name of Water Right: Sandau 5 Star Turf 8522 Industrial Right. 1.1 Source and Point of Diversion. Alluvial ground water formation in the Southeast Quarter of the Southwest Quarter of Section 25, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, at a point 50 feet North and 1380 feet East of the SW Corner of said Section 25. 1.2 Depth of Well: 60 feet. 1.3 Date of appropriation: May 31, 2012. 1.4 How appropriation was initiated: Formation of intent to appropriate

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water to a beneficial use, engineering analysis, filing of this application. 1.5 Amount Claimed: 696 g.p.m. (1.55 c.f.s.), 1122 acre feet, conditional. 1.6 Uses: Industrial, equipment washing, oil and gas exploration, development, and reclamation, and dust suppression in Larimer, Weld, Boulder, Jefferson, Broomfield, Morgan, Adams, Arapahoe, Douglas, Elbert and El Paso counties. 1.7 Augmentation Plan: Pending, Case No. 2008CW71. 2. Name of Water Right: Hunt RF-371 Industrial Right 2.1 Source and Point of Diversion. Alluvial ground water formation in the Northwest Quarter of Section 33, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. GPS Coordinates: NAD 83, Easting 518099, Northing 4458318. 2.2 Depth of Well: 82 feet. 2.3 Date of appropriation: May 31, 2012. 2.4 How appropriation was initiated: Formation of intent to appropriate water to a beneficial use, engineering analysis, filing of this application. 2.5 Amount Claimed: 500 g.p.m. (1.11 c.f.s.), 803 acre feet, conditional. 2.6 Uses: Industrial, equipment washing, oil and gas exploration, development, and reclamation, and dust suppression in Larimer, Weld, Boulder, Jefferson, Broomfield, Morgan, Adams, Arapahoe, Douglas, Elbert and El Paso counties. 2.7 Augmentation Plan: Pending, Case No. 2008CW71. 3. Name of Water Right: Thompson 1502 Industrial Right 3.1 Source and Point of Diversion. Alluvial ground water formation in the Southwest Quarter of the Southeast Quarter of Section 6, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado at a point 692 feet north and 2575 feet West of the Southeast corner of said Section 6. 3.2 Depth of Well: 41 feet. 3.3 Date of appropriation: May 31, 2012. 3.4 How appropriation was initiated: Formation of intent to appropriate water to a beneficial use, engineering analysis, filing of this application. 3.5 Amount Claimed: 600 g.p.m. (1.33 c.f.s.), 967 acre feet, conditional. 3.6 Uses: Industrial, equipment washing, oil and gas exploration, development, and reclamation, and dust suppression in Larimer, Weld, Boulder, Jefferson, Broomfield, Morgan, Adams, Arapahoe, Douglas, Elbert and El Paso counties. 3.7 Augmentation Plan: Pending, Case No. 2008CW71. 4. Name of Water Right: Thompson 1503 Industrial Right 4.1 Source and Point of Diversion. Source and Point of Diversion. Alluvial ground water formation in the Southwest Quarter of the Southeast Quarter of Section 6, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado at a point 964 feet north and 2575 feet West of the Southeast corner of said Section 6. 4.2 Depth of Well: 39 feet. 4.3 Date of appropriation: May 31, 2012. 4.4 How appropriation was initiated: Formation of intent to appropriate water to a beneficial use, engineering analysis, filing of this application. 4.5 Amount Claimed: 600 g.p.m. (1.33 c.f.s.), 967 acre feet, conditional. 4.6 Uses: Industrial, equipment washing, oil and gas exploration, development, and reclamation, and dust suppression in Larimer, Weld, Boulder, Jefferson, Broomfield, Morgan, Adams, Arapahoe, Douglas, Elbert and El Paso counties. 4.7 Augmentation Plan: Pending, Case No. 2008CW71. 5. Name of Water Right: Thompson 1504 Industrial Right 5.1 Source and Point of Diversion. Source and Point of Diversion. Alluvial ground water formation in the Southwest Quarter of the Southeast Quarter of Section 6, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado at a point 1310 feet north and 2575 feet West of the Southeast corner of said Section 6. 5.2 Depth of Well: 39 feet. 5.3 Date of appropriation: May 31, 2012. 5.4 How appropriation was initiated: Formation of intent to appropriate water to a beneficial use, engineering analysis, filing of this application. 5.5 Amount Claimed: 801 g.p.m. (1.78 c.f.s.), 1289 acre feet, conditional. 5.6 Uses: Industrial, equipment washing, oil and gas exploration, development, and reclamation, and dust suppression in Larimer, Weld, Boulder, Jefferson, Broomfield, Morgan, Adams, Arapahoe, Douglas, Elbert and El Paso counties. 5.7 Augmentation Plan: Pending, Case No. 2008CW71. 6. Name and Address of Owners of Structures: 6.1 Bruce Sandau, 18446 County Road 31, Platteville, CO 80651. 6.2 David and Kayleen Hunt, 14460 WCR 40, Platteville, CO 80651. 6.3 Tim Thompson, 17295 US Highway 85, Platteville, CO 80651. This application consists of 7 pages. 12CW134 Pamela Dyan Oredson (Robert H. Weinstein, Esq , #20025, 17011 Lincoln Ave #367, Parker CO 80134) APPLICATION FOR UNDERGROUND WATER RIGHTS FROM THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS AND THE NOT NON TRIBUTARY UPPER DAWSON, ELBERT COUNTY. One lot comprising of 40.055 total acres. Property is located in the SE/4 Section 34, T 6 S, R 65 West of the 6th P.M., Elbert County, Colorado. No well is located on the property. Source of Water Rights: Upper

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Dawson (12.1) Lower Dawson (5.2) Denver (26.0), Arapahoe (14.5) and Laramie-Fox Hills (11.3) aquifers Proposed uses: unified municipal water systems, municipal, domestic, industrial, commercial, irrigation, augmentation, stock watering, recreational, fire protection, water feature ponds and piscatorial habitat less than 1000 square feet, and wildlife. 4 pages. 12CW135 PAUL AND LINDA BERTEAU, 957 Aspen Drive, Evergreen, CO 80439. Telephone: 303-679-3025. APPLICATION FOR ABSOLUTE UNDERGROUND WATER RIGHT IN CLEAR CREEK COUNTY. Hyland Hills Well, permit 31115-A, located NE1/4, SW1/4, S11, T4S, R72W of the 6th PM. Northing 4395945.8. Easting 464224.4. Source: All unnamed aquifers. Depth: 600’. Date of appropriation: 02-06-06. How appropriation was initiated: Purchase of property. Date water applied to beneficial use: 02-06-06. Amount: 5 gpm, Absolute. Use: Single family dwelling. 12CW136 PROTEST TO REVISED ABANDONMENT LIST INVOLVING WATER RIGHT IN ARAPAHOE COUNTY. Protestant: Kenneth J. Freund, 505 S. Biloxi Street, Aurora, CO 80018. Telephone: 303-361-9100. Beilhartz Well, Permit No. 11192-F. WDID 0205345. 12CW137 PROTEST TO REVISED ABANDONMENT LIST INVOLVING WATER RIGHT IN DOUGLAS COUNTY. Protestant: The Mountbridge Farm LTD Partnership LLLP, 6221 S. Perry Park Blvd., Larkspur, CO 80118. Telephone: 303-681-3404. Sinclaire Well 1. 12CW138 PROTEST TO REVISED ABANDONMENT LIST INVOLVING WATER RIGHT IN DOUGLAS COUNTY. Protestant: The Mountbridge Farm LTD Partnership LLLP, 6221 S. Perry Park Blvd., Larkspur, CO 80118. Telephone: 303-681-3404. Sinclaire Well 2. 12CW139 PROTEST TO REVISED ABANDONMENT LIST INVOLVING WATER RIGHT IN WELD COUNTY. Protestant: Joe D. Martinez, 804 S. Denver Avenue, Ft. Lupton, CO 80621. Stonier Well No. 1. 12CW140 DALE ANDERSON, 20481 CR 34, Sterling, CO 80751. Telephone: 970-522-3939. APPLICATION FOR CHANGE OF WATER RIGHT IN LOGAN COUNTY. Decreed water right for which change is sought: Well no. 1-03853-F. Date of original decree: 11-30-62 in case no. W-655 in Water Div. 1. Decreed location: SE1/4, SE1/4, S9, T8N, R52W of the 6th PM at a distance 600 ft. from N and 2220 ft from E. Actual location: SE1/4, SW1/4, S9, T8N, R52W of the 6th PM at a distance 526 ft. from S and 2604 ft. from W. Source: Groundwater. Appropriation date: 11-30-62. Amount: 4.008 cfs. Use: Irrigation. 12CW141 PROTEST TO REVISED ABANDONMENT LIST INVOLVING WATER RIGHT IN LOGAN COUNTY. Protestant: Lee Roy and Marlene Rothe and Rothe Family Trust, 19727 Factory Road, Sterling, CO 80751. Rothe Well 11103-F and Sterling Irrigation Co. No. 1 Ditch. 12CW142 PROTEST TO REVISED ABANDONMENT LIST INVOLVING WATER RIGHT IN YUMA COUNTY. Protestant: George Homm and Helen Homm Meek, 36574 US Hwy. 385, Burlington, CO 80807. Scherrer Ditch, Ebeler Well Nos. 1 & 2. 12CW143 PROTEST TO REVISED ABANDONMENT LIST INVOLVING WATER RIGHT IN DOUGLAS COUNTY. Protestant: Doug Brauer and Scott Brauer, 8405 E. Via De Sereno, Scottsdale, AZ 85258. Anderson Well 3 (WDID #0805158). 12CW144 PROTEST TO REVISED ABANDONMENT LIST INVOLVING WATER RIGHT IN WELD COUNTY. Protestant: Lynn and Leslie Fagerberg, 18271 WCR 70, Eaton, CO 80615. Haythorn Farms W 1-14647.

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12CW145 PROTEST TO REVISED ABANDONMENT LIST INVOLVING WATER RIGHT IN DOUGLAS COUNTY. Protestant: Ice Tong Land & Cattle, LLC, PO Box 349, Sedalia, CO 80135. Hier Sump 1-5895-F (decreed as H.C. Hier Sump) (WDID #0809346). 12CW146 TOWN OF JAMESTOWN, P. O. Box 298, Jamestown, Colorado 80455-0298, [email protected], 303-449-1806. Attorneys: Veronica A. Sperling and Eric R. Potyondy, Buchanan and Sperling, P.C., 7703 Ralston Road, Arvada, Colorado 80002, 303-431-9141, [email protected], [email protected]. APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE IN BOULDER COUNTY. 2. Names of structures: Main Street Diversion and Mesa Street Diversion. 3. Describe conditional water rights (as to each structure) giving the following from previous decrees: A. Date of Original Decree, Case No. and Court: December 1, 1982, Case No. 1979CW333, District Court for Water Division 1. B. Subsequent decrees awarding findings of diligence: Dates of Decrees, Case Nos. and Court: March 10, 1989, Case No. 1986CW273, District Court for Water Division 1; June 2, 1999, Case No. 1995CW52, District Court for Water Division 1; June 2, 2006, Case No. 2005CW169, District Court for Water Division 1. C. Legal descriptions: Main Street Diversion (Registration Permit No. 46189F): Located in the NE1/4 NE1/4 NW1/4 of Section 30, Township 2 North, Range 71 West of the 6th P.M., 2600 feet east of the west section line and 200 feet south of the north section line of Section 30. Mesa Street Diversion (Registration Permit No. 46190F): Located in the NW1/4 SW1/4 SW1/4 of Section 19, Township 2 North, Range 71 West of the 6th P.M., 300 feet east of the west section line and 700 feet north of the south section line of Section 19. D. Source of water: The source of water is groundwater and surface water in James Creek and Little James Creek, tributaries of Left Hand Creek, a tributary of St. Vrain Creek, which is a tributary of the South Platte River. E. Appropriation date: February 10, 1958. Amount: Main Street Diversion: 0.209 cfs (95 gpm) CONDITIONAL, 0.121 cfs (55 gpm) ABSOLUTE. Mesa Street Diversion: 0.385 cfs (175 gpm) CONDITIONAL, 0.275 cfs (125 gpm) ABSOLUTE. F. Use: Irrigation, commercial, recreation, fire protection, stockwatering, industrial, fishery, domestic and all municipal purposes. G. Depth: The Main Street Diversion is constructed to a depth of 28 feet and the Mesa Street Diversion is constructed to a depth of 21 feet. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: The subject conditional water rights are part of the Jamestown Water Supply System and, during the subject diligence period, Applicant has continued to plan for and pursue development and use of the subject conditional water rights in its municipal water supply system. During the subject diligence period, Applicant has expended in excess of $115,216 to develop its municipal water supply system. The work undertaken by Applicant during the subject diligence period includes the following, all of which is related to the completion of the appropriations and application of the subject conditional water rights to beneficial uses as conditionally decreed: A. Distribution system improvements: replaced broken sections of pipes (approximate cost $18,694); deepened water main to avoid freezing; and repositioned fire hydrant ($5,693). Total: $24,387. B. Activated and repaired service hookups at the Fire Hall and a residence. Total: $1,826. C. Improvements to treatment plant on Mesa Street: removed 3M finishing filters pursuant to Colorado Department of Public Health and Environment and Clean Drinking Water Act regulations; completed an engineering study of the water plant operations for 1 year by collecting and recording data for the Applicant’s disinfection profile; completed a preliminary engineering report through a grant provided by the Colorado Water Resources and Power Development Authority and the Water Quality Control Division; replaced a backflow prevention device; developed improved operating procedures for slow sand operations and filter scraping; added 24-mesh screen on the outfall of the combined overflow and drain line; improved water intake to reduce freezing and improve automatic operation; added HACH 1720 turbidity meter and telephone service to treatment plant with chatterbox alarm system to notify plant operators when plant has gone off-line or when turbidity levels are high; installed new meters at the treatment plant for more accurate readings of a variety of variables; and added two new variable frequency drives to reduce electrical consumption. Total: $43,954. D. Added one new

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water tap. E. Payments on loans for water tank storage ($30,607) and treatment plant upgrade ($14,442). Total: $45,049. 5. If claim to make absolute in whole or in part: Not applicable. 6. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion structure or storage structure, or modification to an 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. Not applicable. No new diversion or storage structures will be constructed and no existing diversion structures will be modified. 7. Remarks or any other pertinent information: The Main Street Diversion and the Mesa Street Diversion structures are augmented under Applicant’s decree in Case No. 1979CW333. WHEREFORE, Applicant requests the Court to enter a decree finding and determining that Applicant has exercised reasonable diligence in the development of the subject conditional water rights, and continuing the subject conditional water rights in full force and effect for an additional six-year diligence period. 4 pages. 12CW147 PROTEST TO REVISED ABANDONMENT LIST INVOLVING WATER RIGHT IN WELD COUNTY. Protestant: City of Ft. Lupton, 130 S. McKinley Street, Fort Lupton, CO 80621. Ft. Lupton W 11-13153-R (WDID #0206250); Ft. Lupton W 12-13633-R (WDID #0206251); Ft. Lupton W 2-19493-S (WDID #0206253); Ft. Lupton W 8-9280-R (WDID #0206259); Ft. Lupton W 9-6510-R (WDID #0206260). 12CW148 PROTEST TO REVISED ABANDONMENT LIST INVOLVING WATER RIGHT IN WELD COUNTY. Protestant: City of Greeley, acting by and through its Water and Sewer Board, % James Hall, 1100 10th Street, Greeley, CO 80631. Linn Grove Cemetery Well (Greeley Well 3-4505); Island Grove Park Wells (Greeley Well 1-4503; Greeley Well 2-4504; Greeley Well 6-4738-F) 12CW149 PROTEST TO REVISED ABANDONMENT LIST INVOLVING WATER RIGHT IN BOULDER COUNTY. Protestant: Gary and Jennie Horton, 9134 Woodland Rd., Longmont, CO 80503. Darby Well 1-1165R and Darby Well 2-1166R. 12CW150 PROTEST TO REVISED ABANDONMENT LIST INVOLVING WATER RIGHT IN DOUGLAS COUNTY. Protestant: Carla Pollock, Andy Holst and Pollock, Ltd. 2361 N. Perry Park Road, Sedalia, CO 80135. Pollock Well #2-8866F (WDID #0805085). 12CW151, Donald C. and Laura J. Orris, 8325 Harbortown Place, Lonetree, CO 80124 (James Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS AND 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. Subject Property: 40 acres located in the W1/2 of Section 6, T8S, R64W of the 6th P.M., as described and shown on Attachment A hereto ("Subject Property"). Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Upper Dawson: 7 acre-feet (reduced for Well Permit No. 192701), Lower Dawson: 7.8 acre-feet (includes water in Well Permit No. 47702-F), Denver: 16 acre-feet, Arapahoe: 16 acre-feet, Laramie-Fox Hills: 12 acre-feet. Proposed Use: domestic, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Description of plan for augmentation: Groundwater to be augmented: All of the not nontributary Upper Dawson aquifer groundwater as requested herein and available under the Subject Property. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Upper Dawson aquifer groundwater will be used for inhouse use in up to two residences (0.4 acre-feet per residence), irrigation (1 to 2 acre-feet per irrigated acre), stockwatering,

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and storage, through wells to be located at any location on the Subject Property, including through the existing Upper Dawson aquifer well. Sewage treatment for inhouse use will be provided by non-evaporative septic systems. Return flows associated with in-house use will be approximately 90% of water used for that purpose and return flow associated with irrigation use will be approximately 15% of water used for that purpose. Water used for other purposes requested herein are considered to be 100% consumed. During pumping Applicants will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions occur to the Running Creek stream system. Return flows accrue to the South Platte River stream system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an equal amount of nontributary groundwater requested herein to meet post pumping augmentation requirements. Request Pursuant to Section 37-92-602(4), C.R.S.: Well Permit No. 192701 (Attachment B); Priority and Appropriation Date: February 5, 1996; Source and Well Depth: Upper Dawson aquifer/257 feet deep; Amount: 15 gpm/4 acre-feet (absolute); Use: Household use in up to three single family dwellings, irrigation of up to one acre of home gardens and lawn, and watering of domestic animals and livestock on farm or ranch; Legal Description: Located in the SW1/4NW1/4 of Section 6, T8S, R64W of the 6th P.M., approximately 2105 feet from the north and 260 feet from the west section lines. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (9 pages).

12CW152 PROTEST TO REVISED ABANDONMENT LIST INVOLVING WATER RIGHT IN YUMA COUNTY. Protestant: Colorado Division of Parks and Wildlife and the Parks and Wildlife Board, % Water Unit, 6060 Broadway, Denver, CO 80216. Bishop Property Irrigation Pipeline; Bishop Property Wildlife Ponds. 12CW153 PROTEST TO REVISED ABANDONMENT LIST INVOLVING WATER RIGHT IN WELD COUNTY. Protestant: Bruce M. and Julie A. Victor, 16435 WCR 18, Ft. Lupton, CO 80621. Flader Industries, Inc. Well No. 4-013328F. 12CW154 PROTEST TO REVISED ABANDONMENT LIST INVOLVING WATER RIGHT IN DOUGLAS COUNTY. Protestant: The Joyce E. Hier Revocable Trust, 4233 Platte Avenue, Sedalia, CO 80135. Hier Sump 1-5895-F (decreed as H.C. Hier Sump) (WDID 0809346); Hier Sump 1-5894-F (decreed as A.R. Hier Sump) (WDID 0809347). 12CW155 COORS BREWING COMPANY, PO Box 4030, Ste. 400, Colden, CO 80301. Telephone: 303-927-3680. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN ADAMS, CLEAR CREEK, AND JEFFERSON COUNTIES. Name: Sarah M. Shechter (#40478) Address: Burns, Figa & Will, P.C. 6400 South Fiddler’s Green Circle, Suite 1000 Greenwood Village, CO 80111 Phone: (303) 796-2626. Name, address, and telephone number of Applicant: Coors Brewing Company (“Coors”), c/o Mr. Benjamin Moline, Manager, Water Resources & Real Estate, Molson Coors Brewing Co., PO Box 4030, Suite 400, Golden, CO 80301, (303) 927-3680. Name of structures from and to which water is to be exchanged: Coors’s Jefferson Storage System Reservoirs (as described in Case Nos. 88CW272 and 88CW206), Standley Lake Reservoir, Croke Canal, Farmers Highline Canal, Agricultural Ditch, Wannamaker Ditch, Rocky Mountain Ditch, Coors Industries Ditch, and Lower Clear Creek Ditch. Description of Decreed Conditional Appropriative Rights of Substitution and Exchange: Original Decree: Case No. 88CW272, entered July 20, 1990, Water Division 1. Location: The reach of Clear Creek throughout which water will be exchanged is between the point of diversion of the Agricultural Ditch at the uppermost end of that reach and, downstream, to the point of diversion of the Lower Clear Creek Ditch at the lower end of that reach. Exchanges may be made to intermediate points within that reach of Clear Creek. Source: The sources of supply for the exchanges to be made in the exercise of the conditional appropriative rights of exchange decreed in Case No. 88CW272 are from waters diverted or stored in the exercise of the water rights decreed to the structures listed in paragraph 0 of this Application

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that Coors has a right to use or the waters diverted to or stored in those facilities in Coors’s exercise of the rights decreed in Case Nos. W-8036(75) and W-8256(76) (consolidated), as modified by decrees in Case Nos. 88CW271 and 89CW234. Appropriation Date: December 15, 1988. Amount: 759 acre-feet during the period from November 1 through the next succeeding March 31 at a maximum rate of flow of 5.0 c.f.s., conditional. Use: For all of the purposes for which water may lawfully be used through the structures to which the exchanges are to be made. Irrigation, domestic, mechanical, manufacturing, generation of power, power generally, fire protection, sewage treatment, street sprinkling, watering of parks, trees, lawns, and grounds, recreation, golf club, storage reserves, replacement, adjustments to and regulation of the Jefferson Storage System with other uses, ground water storage and recharge, and exchange. Further Description of Exchange: The conditional appropriative rights of substitution and exchange described in this Application were decreed in Case No. 88CW272 to be exercised in conjunction with the rights adjudicated in Case No. 88CW268, and in Consolidated Case Nos. W-8036(75) and W-8256(76), as modified by decrees entered in Case Nos. 88CW271 and 88CW206. This substitution and exchange allows Coors, rather than curtailing its diversion from Clear Creek, to provide a supply of water to protect “Croke Season yield,” as that term is defined in 88CW272, and which may be required under paragraphs 7 and 9 of the Agreement dated May 23, 1988 and recorded at Reception Number 88049909, also known as the Cosmic Agreement (and filed with this Court in Case No. 88CW268), to make available for storage in Standley Lake Reservoir to the account of the City of Westminster or the account of the Farmers Reservoir and Irrigation Company (“FRICO”) Irrigators for the benefit of the City of Northglenn a substitute supply under the decree in Case No. 88CW272 for such purposes from other sources, controlled by Coors as described in paragraph 13 of the decree in Cases Nos. W-8036/W-8256 and the decree in Case No. 88CW271. In exchange for providing this substitute supply, Coors may divert water from Clear Creek upstream from the headgate of the Croke Canal that would otherwise be available for diversion into that canal in the exercise of the March 4, 1902 water rights decreed to the Standley Lake Reservoir. To the extent return flows resulting from the exchanges described in this Application exceed requirements for replacement flows below the Croke Canal, but no more than an average taken weekly of 11.0 c.f.s., and no more than a maximum instantaneous flow rate of 13.2 c.f.s., Coors may divert through the Lower Clear Creek Ditch or other subsequently approved facilities and store all such increased flow that is not required to discharge its replacement flow obligations under the decree in Consolidated Cases No. W-8036(75) and W-8256(76) as modified in Case No. 88CW271 in the West Gravel Lakes lying below the Lower Clear Creek Ditch. The exchange from West Gravel Lakes to Coors’s exchange delivery points of diversion (the Agricultural Ditch, the Farmers High Line Canal, the Wannamaker Ditch, the Rocky Mountain Ditch, and the Coors Industries Ditch Alternate Point of Diversion #3) was separately decreed in Case No. 88CW268. Description of Exchange Structures: Structures from which Water are Supplied in Substitution for Diversions by Exchange from Clear Creek: Coors Jefferson Storage System Reservoirs: Lake B-2 (from 88CW206): Located on a parcel of land in the SW1/4 of Section 24, T3S, R70W of the 6th P.M., Jefferson County, Colorado, more particularly described as follows: Beginning at the Northeasterly corner of said parcel from whence the Center quarter corner of said Section 24 bears N 62° 37' 40" E for a distance of 398.86 feet: thence S 00° 08' 36" W for a distance of 207.41 feet; thence S 00° 10' 24" E for a distance of 412.72 feet; thence S 22° 15' 36" W for a distance of 188.40 feet to a point on the Northerly right-of-way of State Highway 58; thence S 76° 05' 36" W along said right-of-way for a distance of 922.20 feet; thence continuing along said right-of-way S 78° 13' 06" W for a distance of 114.01 feet to the intersection on the Southerly right-of-way of the Croke Canal; thence N 32° 38' 36" E along said Croke Canal right-of-way for a distance of 120.72 feet; thence continuing along said right-of-way N 57° 21' 24" W for a distance of 75.00 feet; thence N 32° 38' 36" E along said Canal right-of-way for a distance of 915.58 feet to the intersection of the Southerly right-of-way of West 44th Avenue; thence N 69° 45' 00" E along said right-of-way for a distance of 368.45 feet to the Point of Beginning, containing 14.82 acres more or less. Point of diversion: On the left bank of Clear Creek at a point whence the NE Corner of Section 27, T3S, R70W of the 6th P.M., bears N 38° 17.5' E, 2099.64 feet (more commonly known as the headgate of the Wannamaker Ditch). Source: Clear Creek. Amount: 300 acre-feet, absolute. Appropriation Date: October 1965

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(Duke’s Lake Reservoir). B-6 Lake (from 88CW206): Located on a parcel of land in the NE1/4, SE1/4, Section 23, T3S, R70W of the 6th P.M., Jefferson County, Colorado, and more particularly described as follows: Beginning at a point on the Southeasterly corner of said parcel and the Northerly right-of-way of the Burlington Northern Railroad from whence the East quarter corner of said Section 23 bears N 08°03'04" E for a distance of 947.43 feet; thence S 59°44'42" W along said Northerly railroad right-of-way for a distance of 1044.52 feet to a point of intersection of the Northerly right-of-way of West 44th Avenue; thence S 73°54'56" W along said right-of-way for a distance of 177.45 feet to the intersection on the Easterly right-of-way of Salvia Street; thence N 01°51'49" E for a distance of 243.86 feet to a point of intersection on the Southeasterly right-of-way of the Farmers Highline Canal; thence N 42°32'36" E along said Canal for a distance of 69.81 feet to a point of curve; thence on a curve to the left which curve has a central angle of 81°56'00" a radius of 408.20 and an arc length of 134.86 feet to a point of tangent; thence N 23°36'37" E along said Canal right-of-way for a distance of 347.63 feet to a point of curve to the left which curve has a central angle of 19°30'40" a radius of 360.66 feet and an arc length of 122.79 feet to a point of tangent; thence N 04°05'57" E along said Canal right-of-way for a distance of 344.40 feet to a point of curve to the right which curve has a central angle of 05°02'00" a radius of 1067.53 feet and an arc length of 93.75 feet to a point of tangent; thence N 09°07'56" E along said Canal right-of-way for a distance of 231.32 feet to a point of curve which curve has a central angle of 24°11'37" a radius of 316.61 feet and an arc length of 133.67 feet to a point of tangent; thence N 33°19'34" E along said Canal right-of-way for a distance of 164.26 feet to a point of curve which curve has a central angle of 14°49'45" a radius of 316.07 feet and an arc length of 81.79 feet to the point of tangent; thence N 48°09'19" E along said Canal right-of-way for a distance of 517.59 feet; thence S 27°26'14" E for a distance of 623.40 feet; thence S 00°00'00" E for a distance of 964.32 feet to the Point of Beginning, containing 34.48 acres more or less. Point of Diversion: Through the Wannamaker Ditch at a point on the North bank of Clear Creek in the NE1/4 of Section 27, T3S, R70W of the 6th P.M., whence the NE Corner of said Section 27 bears N 38º17.5' E, 2099.64 feet. Source: Clear Creek. Amount: 700 acre-feet, absolute. Appropriation Date: October 1965 (Summers Reservoir). B-7 Lake (from 88CW206): Located on a parcel of land in the SW 1/4 of Section 24 and in the SE1/4 of Section 23, T3S, R70W of the 6th P.M., Jefferson County, Colorado, and more particularly described as follows: Beginning at the Northwesterly corner of said parcel which is on the Southerly right-of-way of 44th Avenue, from whence the Southeast corner of said Section 23 bears S 14°28'29" E a distance of 1418.70 feet; thence S 28°21'00" E for a distance of 225.71 feet to a point on the Northerly right-of-way of the Croke Canal to a point of curve to the right which curve has a central angle of 05°17'53" a radius of 974.12 feet and an arc length of 90.08 feet to a point of reverse curve to the left which curve has a central angle of 06°15'17" a radius of 1392.30 feet and an-arc length of 147.94 feet to a point on the East line of said Section 23; thence N 02°51'17" W for a distance of 10.00 feet to a point of curve to the left which curve has a central angle of 03°54'43" a radius of 1382.37 feet and an arc length of 94.38 feet to a point of compound curve to the left which curve has a central angle of 15°45'00" a radius of 768.45 feet and an arc length of 211.24 feet to a point of reverse curve; thence continuing along said Canal right-of-way on said reverse curve to the right which curve has a central angle of 11°40'00" a radius of 909.42 feet and an arc length of 185.18 feet to a point of tangent; thence continuing on said Canal right-of-way N 79°09'00" E for a distance of 545.77 feet to a point of curve to the left which curve has a central angle of 46°30'24" a radius of 514.36 feet and an arc length of 417.50 feet to a point of tangent; thence N 32°38'36" E for a distance of 718.13 to a point on the Southerly right-of-way of West 44th Avenue; thence along said 44th Avenue right-of-way S 69°45'00" W for a distance of 772.28 feet; thence continuing on said right-of-way N 20°15'00" W for a distance of 20.00 feet; thence S 69°45'00" W for a distance of 355.03 feet to the Easterly property line of Public Service Company property; thence along said property S 20°15'00" E for a distance of 259.72 feet; thence continuing along said property S 69°45'00" W for a distance of 294.26 feet; thence continuing along said property N 27°25'00" W for a distance of 261.76 feet to the Southerly right-of-way of West 44th Avenue; thence along said right-of-way S 69°45'00" W for a distance of 308.56 feet; thence continuing along said right-of-way S 38°14'36" E for a distance of 27.46 feet to a point of curve to the left which curve has a central angle of 04°58'00" a radius of 1919.57 feet and an arc length of 166.41 feet to a point of tangent; thence continuing along said

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right-of-way S 59°44'00" W for a distance of 344.28 feet to the Point of Beginning, containing 18.25 acres more or less. Point of diversion of the structure used to fill the Reservoir: Through the Wannamaker Ditch at a point on the North bank of Clear Creek in the NE1/4 of Section 27, T3S, R70W of the 6th P.M., Jefferson County, Colorado, whence the NE Corner of said Section 27, bears N 38°17.5' E, 2099.64 feet. Source: Clear Creek. Amount: 280 acre-feet, absolute; 220 acre-feet, conditional. Appropriation Date: October 1965 (Summers Reservoir). Clinton Reservoir (from W-152): Said reservoir is located in the SE1/4, SW1/4 of Section 24, and in the NE1/4, NW1/4 of Section 25, T3S, R70W of the 6th P.M., Jefferson County, Colorado. Point of diversion: from the right bank of Clear Creek at a point whence the SW Corner of Section 24, T3S, R70W of the 6th P.M. bears S 0º E, 700 feet. Amount: 1,100 acre-feet, conditional. Source: Clear Creek. Appropriation Date: October 1965. Crawford Reservoir (from W-152): Said reservoir is located in the SW1/4, SW1/4 of Section 24 and in the NW1/4, NW1/4 of Section 25, T3S, R70W of the 6th P.M., Jefferson County, Colorado. Water for said reservoir will be diverted from the right bank of Clear Creek at a point whence the SW Corner of Section 24, T3S, R70W of the 6th P.M. bears S 0º W, 700 feet. Amount: 1,000 acre-feet, conditional. Source: Clear Creek. Appropriation Date: October 1965. Wanemaker (Wannamaker) Reservoir (from W-152): Said reservoir is located in the SE1/4, SE1/4 of Section 23 and in the NE1/4, NE1/4 of Section 26, T3S, R70W of the 6th P.M., Jefferson County, Colorado. Water for said reservoir will be diverted from the right bank of Clear Creek at a point whence the SE Corner of Section 23, T3S, R70W of the 6th P.M. bears N 90º E, 1,300 feet. Amount: 530 acre-feet, conditional. Source: Clear Creek. Appropriation Date: October 1965. Hawley Reservoir (from W-152): Said reservoir is located in the E1/2, NW1/4, Section 30, T3S, R69W of the 6th P.M., Jefferson County, Colorado. Water for said reservoir will be diverted from the right bank of Clear Creek at a point whence the SW Corner of Section 19, T3S, R69W of the 6th P.M. bears S 0° W, 1,100 feet. Amount: 570 acre-feet, conditional. Source: Clear Creek. Appropriation Date: May 27, 1966. Lee Reservoir (from W-152): Said reservoir is located in the W1/2, NE1/4, Section 30, T3S, R69W, 6th P.M., Jefferson County, Colorado. Point of diversion of the structure used to fill the Reservoir: From the right bank of Clear Creek at a point whence the SW Corner of Section 19, T3S, R69W, 6th P.M. bears S 0° W, 1,100 feet. Amount: 310 acre-feet, conditional. Source: Clear Creek. Appropriation Date: May 27, 1966. Frost Reservoir (from W-152): Said reservoir is an on-channel reservoir located in Sections 10 and 15 of T5S, R75W, 6th P.M., Clear Creek County, Colorado. The height of the dam is 44 feet. The dam axis bears S 87º 26' W, 646 feet from a point whence the NW Corner of Section 1, T5S, R75W, 6th P.M. bears N 29º 24' E, 11,200 feet. Amount: 400 acre-feet, conditional. Source: Leavenworth Creek. Appropriation Date: October 28, 1965. Waldorf Reservoir (from W-152): Said reservoir is an on-channel reservoir located in the SW1/4, NE1/4 of Section 2, T5S, R75W, 6th P.M., Clear Creek County, Colorado. The height of the dam is 60 feet. The dam axis bears S 56º57' E, 922 feet from a point whence the NW Corner of Section 1, T5S, R75W, 6th P.M. bears N 40º 17' E, 2,582 feet. Amount: 400 acre-feet, conditional. Source: Leavenworth Creek. Appropriation Date: October 28, 1965. Summers Reservoir (from W-152): Said reservoir is located in the SE1/4, SW1/4, of Section 19 and in the NE1/4, NW1/4 of Section 30, T3S, R69W, 6th P.M., Jefferson County, Colorado. Water for said reservoir will be diverted from the right bank of Clear Creek at a point whence the SW Corner of Section 19, T3S, R69W, 6th P.M. bears S 0º W, 1,100 feet. Amount: 700 acre-feet, conditional. Source: Clear Creek. Appropriation Date: October 1965. Eskins Reservoir (from W-152): Said reservoir is located in the SW1/4, SE1/4, Section 19, and in the NW1/4, NE1/4, Section 30, T3S, R69W, 6th P.M., Jefferson County, Colorado. Water for said reservoir will be diverted from the right bank of Clear Creek at a point whence the S1/4 Corner of Section 19, T3S, R69W, 6th P.M., bears S 0º E, 1,300 feet. Amount: 1,500 acre-feet, conditional. Source: Clear Creek. Appropriation Date: October 1965. Pearson Reservoir No. 1, a/k/a/ Lake B-5 (from W-152): Said reservoir is located in the NE1/4, NE1/4, Section 30, and in the SE1/4, SE1/4, Section 19, T3S, R69W, 6th P.M., Jefferson County, Colorado. Water for said reservoir will be diverted from the Pearson Ditch at a point whence the Corner common to Sections 19, 20, 29, and 30, T3S, R69W, 6th P.M., bears N 77º E, 1,310 feet. Amount: 101 acre-feet, conditional, of which 39.3 acre-feet is requested to be made absolute in Case No. 12CW67. Source: Clear Creek. Appropriation Date: October 1, 1965. Pearson Reservoir No. 1 Enlargement (from W-152): Said reservoir is located in

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the SE1/4, SE1/4, Section 19, and in the NE1/4, NE1/4, Section 30, and in the NW1/4, NW1/4, Section 29, all in T3S, R69W, 6th P.M., Jefferson County, Colorado. Water from said reservoir will be diverted from the right of Clear Creek at a point whence the SW Corner of Section 19, T3S, R69W, 6th P.M. bears S 64ºW, 2,800 feet. Amount: 700 acre-feet, conditional. Source: Clear Creek. Appropriation date: January 16, 1968. B-4 Lake (from 88CW206): Located on a parcel of land in the NE1/4 of Section 25 and the SE1/4 of Section 24, T3S, R70W, 6th P.M., Jefferson County, Colorado, and more particularly described as follows: Commencing at the Northeast corner of said Section 25 which point is also the Point of Beginning; thence S 00º09'02" W along the East line of said Section 25 for a distance of 2294.00 feet; thence N 87º57'37" W for a distance of 2618.35 feet to the Easterly right-of-way of McIntyre Street; thence N 00º01'20" E along said right-of-way for a distance of 2,065.10 feet; thence S 89º43'46" E for a distance of 920.81 feet; thence N 56º12'36" E for a distance of 1379.95 feet; thence N 79º51'11" E for a distance of 563.94 feet to the East line of the Southeast 1/4 of said Section 24; thence S 00º04'01" W along said line for a distance of 726.75 feet to the Point of Beginning, containing 147.26 acres more or less. Points of diversions of the structures used to fill the Reservoir: On the right bank of Clear Creek at a point whence the South 1/4 Corner of Section 24, T3S, R70W, 6th P.M., Jefferson County, State of Colorado, bears S 0° E, 900 feet. On the right bank of Clear Creek at a point whence the SE Corner of Section 24, T3S, R70W, of the 6th P.M., Jefferson County, State of Colorado, bears S 60° E, 1,900 feet. On the South side of Clear Creek, which is on the South side of the diversion dam common to the Croke Canal and the Rocky Mountain Ditch, in the NE1/4, NE1/4, NW1/4 of Section 26, T3S, R70W, of the 6th P.M., Jefferson County, Colorado, and which bears S 18°12'25" W a distance of 401.11 feet from the North 1/4 Corner of said Section 26. On the Miles & Eskins Drainage, Seepage, and Waste Water Ditch at a point whence the NW Corner of Section 30, T3S, R69W, of the 6th P.M., Jefferson County, Colorado, bears N 18°46' W 1,621 feet. Source: Clear Creek

Amounts (per decree in 05CW186) Appropriation Dates

250 acre feet October, 1965 (absolute)

840 acre feet October, 1965 (absolute)

938 acre feet March 22, 1968 (absolute)

68 acre feet March 22, 1968 (conditional)

1200 acre feet March 22, 1968 (conditional)

720 acre feet March 22, 1968 (conditional) B-5 East Lake (from 88CW206): Located on a parcel of land in the SW1/4 of Section 20, and in the NW1/4 of Section 29, and in the NE1/4 of Section 30, and in the SE1/4 of Section 19, T3S, R69W, 6th P.M., Jefferson County, Colorado, and more particularly described as follows: Beginning at the Northeast corner of said parcel from whence the Southwest corner of said Section bears S 44°54'15" W for a distance of 1411.34 feet; thence S 00°29'44" E along the Westerly right-of-way of Colorado Interstate 70 for a distance of 1587.97 feet; thence S 41°42'18" W to a point on the Northeasterly right-of-way of the Denver Water Board for a distance of 354.31 feet; thence N 48°17'42" W along the Northeasterly right-of-way for a distance of 2671.15 feet; thence S 89°53'13" E for a distance of 333.32 feet; thence N 65°11'47" E for a distance of 177.70 feet; thence S 89°26'41" E to the East line of the SE1/4, SE1/4 of said Section 19 for a distance of 731.27 feet; thence N 89°31'56" E for a distance of 990.00 feet to the Point of Beginning, containing 52.28 acres more or less. Points of diversions of the structures used to fill the Reservoir: On the right bank of Clear Creek at a point whence the SW Corner of Section 19, T3S, R69W, 6th P.M., Jefferson County, Colorado, bears S 64° W, 2,800 feet. On the Pearson Ditch at a point whence the corner common to Sections 19, 20, 29, and 30, T3S, R69W, 6th P.M., Jefferson County, Colorado, bears N 77°E, 1,310 feet. Source: Clear Creek.

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Amounts Appropriation Dates

105 acre feet October 1, 1965 (conditional)

200 acre feet May 27, 1966 (conditional)

420 acre feet January 1, 1968 (conditional)

530 acre feet January 16, 1968 (conditional) B-9 Lake, alternate place of storage for the Frost and Waldorf rights (from 88CW206): Location: Located on a parcel in the N1/2, SE1/4, Section 19, T3S, R69W, 6th P.M, Jefferson County, Colorado, lying South of Highway 58, East of the Denver Water Board R.O.W., and North of Clear Creek. Points of diversions of the structures used to fill the Reservoir: On the North side of Clear Creek in the NW1/4 SE1/4 of Section 19, T3S, R69W, of the 6th P.M., Jefferson County, Colorado, at a point that is approximately 1,700 feet from the East Section line and 1,400 feet from the South Section Line of said Section 19. Through the Slough Ditch at a point on the North bank of Clear Creek in the NW1/4, SE1/4 of Section 19, T3S, R69W, of 6th P.M., Jefferson County, Colorado, at a point, that is approximately 2,400 feet from the East section line and 1,320 feet from the South Section Line of said Section 19. Through the Reno and Juchem Ditch at a point on the North bank of Clear Creek in the SE1/4 SW1/4 of Section 19, T3S, R69W, of the 6th P.M., Jefferson County, Colorado, approximately 1,320 feet from the West Section Line and 1,250 feet from the South Section Line of said Section 19. Source: Clear Creek. Amount: Up to 400 acre-feet each from the Frost Reservoir and Waldorf Reservoir rights as an alternate place of storage under Case No. 88CW206. Appropriation Date: October 28, 1965. West Lake (from 88CW206): Located on a parcel of land in the S1/2 of Section 20 and the N1/2 of Section 30, T3S, R69W, 6th P.M., Jefferson County, Colorado, and more particularly described as follows: Beginning at a point whence the South Quarter Corner of said Section 20 bears S 66º33'50" E for a distance of 269.53 feet; thence S 64º29'14" W for a distance of 616.53 feet to a point on the Wheatridge Greenbelt Lease Line; thence N 00º51'09" W along said Lease Line for a distance of 1741.97 feet; thence N 77º15'36" E for a distance of 48.75 feet; thence N 64º33'16" E for a distance of 75.03 feet; thence N 61º42'11"E for a distance of 231.53 feet; thence N 66º11'47" E for a distance of 170.34 feet; thence N 68º16'03" E for a distance of 81.95 feet; thence N 75º41'01" E for a distance of 106.98 feet; thence N 81º43'17"E for a distance of 133.28 feet; thence N 89º17'40" E for a distance of 121.73 feet; thence S 81º21'39"E for a distance of 238.19 feet; thence along a curve to the right which curve has a central angle of 75º10'02", a radius of 193.61 feet and an arc length of 254.00 feet to a point of tangent; thence S 01º22'40"W for a distance of 47.08 feet; thence N 85º19'46"E for a distance of 286.64 feet; thence S 71º20'44" E for a distance of 32.45 feet; thence S 87º08'26" E for a distance of 34.66 feet; thence N 89º01'29"E for a distance of 131.24 feet; thence N 83º04'26" E for a distance of 84.59 feet; thence S 85º03'23" E for a distance of 105.15 feet; thence S 76º32'17" E for a distance of 147.73 feet; thence S 70º37'40"E for a distance of 27.85 feet; thence S 48º02'50"E for a distance of 22.33 feet; thence S 27º44'13" E for a distance of 43.26 feet to the East line of the W1/2 of the SE1/4 of said Section 20; thence S 00º07'43"E along said Section line for a distance of 611.14 feet; thence S 84º54'43"W for a distance of 35.00 feet to a point on the Wheatridge Greenbelt Lease Line; thence S 43º29'10"W along said Lease Line for a distance of 358.76 feet; thence S 86º27'46" W for a distance of 558.63 feet; thence S 68º07'07" W for a distance of 618.11 feet; thence S 68º07'06" W for a distance of 87.22 feet; thence S 58º51'52" W for a distance of 193.77 feet; thence S 00º04'29"W for a distance of 180.00 feet to the Point of Beginning, containing 64.06 acres more or less. Point of diversion: At a point on the South side of Clear Creek in the SW1/4 of Section 20, T3S, R69W, of the 6th P.M., Jefferson County, State of Colorado, whence the South Quarter Corner of said Section 20, bears S. 1° E, 1,920 feet. Source: Clear Creek. Amount: 400 acre-feet, conditional. Appropriation Date: January 16, 1968 (Pearson Res. No. 1 Enlargement). Bass Lake (from 88CW206): Located on a parcel of land in the S1/2 of Section 20 and the N1/2 of Section 30, T3S, R69W, of the 6th P.M., Jefferson County, Colorado, and more particularly described as follows:

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Beginning at a point whence the South Quarter Corner of said Section 20 bears S 66º33'50" E for a distance of 269.53 feet; thence S 64º29'14" W for a distance of 616.53 feet to a point on the Wheatridge Greenbelt Lease Line; thence N 00º51'09" W along said Lease Line for a distance of 1741.97 feet; thence N 77º15'36" E for a distance of 48.75 feet; thence N 64º33'16" E for a distance of 75.03 feet; thence N 61º42'11"E for a distance of 231.53 feet; thence N 66º11'47" E for a distance of 170.34 feet; thence N 68º16'03" E for a distance of 81.95 feet; thence N 75º41'01" E for a distance of 106.98 feet; thence N 81º43'17"E for a distance of 133.28 feet; thence N 89º17'40" E for a distance of 121.73 feet; thence S 81º21'39"E for a distance of 238.19 feet; thence along a curve to the right which curve has a central angle of 75º10'02", a radius of 193.61 feet, and an arc length of 254.00 feet to a point of tangent; thence S 01º22'40"W for a distance of 47.08 feet; thence N 85º19'46"E for a distance of 286.64 feet; thence S 71º20'44" E for a distance of 32.45 feet; thence S 87º08'26" E for a distance of 34.66 feet; thence N 89º01'29"E for a distance of 131.24 feet; thence N 83º04'26" E for a distance of 84.59 feet; thence S 85º03'23" E for a distance of 105.15 feet; thence S 76º32'17" E for a distance of 147.73 feet; thence S 70º37'40"E for a distance of 27.85 feet; thence S 48º02'50"E for a distance of 22.33 feet; thence S 27º44'13" E for a distance of 43.26 feet to the East line of the West 1/2 of the SE1/4 of said Section 20; thence S 00º07'43"E along said Section line for a distance of 611.14 feet; thence S 84º54'43"W for a distance of 35.00 feet to a point on the Wheatridge Greenbelt Lease Line; thence S 43º29'10"W along said Lease Line for a distance of 358.76 feet; thence S 86º27'46" W for a distance of 558.63 feet; thence S 68º07'07" W for a distance of 618.11 feet; thence S 68º07'06" W for a distance of 87.22 feet; thence S 58º51'52" W for a distance of 193.77 feet; thence S 00º04'29"W for a distance of 180.00 feet to the Point of Beginning, containing 64.06 acres more or less. Point of diversion: At a point on the South side of Clear Creek in the SE1/4 of Section 20, T3S, R69W, of the 6th P.M., Jefferson County, Colorado, whence the South Quarter Corner of said Section 20 bears S. 30°W., 1880 feet. Source: Clear Creek. Amount: 100 acre-feet, conditional. Appropriation Date: May 27, 1966 (Lee Reservoir). Tabor Lake (from 88CW206): Located on a parcel of land in the E1/2 of Section 20, T3S, R69W, 6th P.M., Jefferson County, Colorado, and more particularly described as follows: Beginning at a point on the East-West Center Line of said Section 20 from whence the East Quarter Corner of said Section 20 bears N 89º37'13" E for a distance of 836.84 feet; thence S 00º10'30" E for a distance of 132.00 feet; thence N 89º21'26"E for a distance of 165.00 feet; thence S 00º01'30"E for a distance of 803.67 feet; thence N 84º49'19" W for a distance of 1432.87 feet; thence N 00º02'08" W for a distance of 790.37 feet; thence N 89º21'26" E for a distance of 306.90 feet; thence N 00º02'40" W for a distance of 238.36 feet; thence N 89º38'20" E for a distance of 325.18 feet; thence N 00º06'13" W for a distance of 58.89 feet; thence N 89º21'26"E for a distance of 469.74 feet; thence S 00º09'28" E for a distance of 295.65 feet; thence N 89º21'25" E for a distance of 157.38 feet to the Point of Beginning, containing 26 acres more or less. Point of diversion: Through the Slough ditch at a point on the North side of Clear Creek in the NW1/4, SE1/4, Section 19, T3S, R69W, 6th P.M., Jefferson County, Colorado, at a point that is approximately 2,400 feet from the East section line and 1,320 feet from the South Section Line of said Section 19. Source: Clear Creek. Amount: 500 acre-feet, conditional. Appropriation Date: October 1965 (Eskins Reservoir). Prospect Park Lake (from 88CW206): Located on a parcel of land in the W1/2 of Section 21, T3S, R69W, 6th P.M., Jefferson County, Colorado, and more particularly described as follows: Beginning at the Southwest Corner of said parcel which point is on the West Line of the SW1/4 of said Section 21 from whence the West quarter corner of said Section bears N 00º13'17" W for a distance of 666.42 feet; thence continuing along said West line of the NW1/4 of said Section 21 for a distance of 213.93 feet; thence N 89º19'08" E for a distance of 821.7 feet; thence S 00º20'57" E for a distance of 881.80 feet; thence S 89º25'14" W for a distance of 823.61 feet to the Point of Beginning, containing 10 acres more or less. Point of diversion of the structure used to fill the Reservoir: Through the Slough ditch at a point on the North side of Clear Creek in the NW1/4, SE1/4, Section 19, T3S, R69W, 6th P.M., Jefferson County, Colorado, at a point that is approximately 2,400 feet from the East Section Line and 1,320 feet from the South Section Line of said Section 19. Source: Clear Creek. Amount: 100 acre-feet, conditional. Appropriation Date: October 1965 (Summers Reservoir). West Gravel Lakes, alternate places of storage for the Frost and Waldorf rights (from 88CW206): These facilities are owned by the City of Thornton. Coors may not store water

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in these facilities from the Frost Reservoir and Waldorf Reservoir conditional water storage rights without Thornton’s prior approval. Location: located just West of the South Platte River about 1/2 mile East of the intersection E 80th Avenue and North York Street in Thornton, Colorado; in Sections 25 and 36, T2S, R68W, 6th P.M., Adams County, Colorado. Point of diversion of the structure used to fill the Reservoir: Lower Clear Creek Ditch, which point of diversion is located on the North bank of Clear Creek at a point 1,400 feet West and 1,200 feet North of the SE corner of Section 4, T3S, R68W, 6th P.M., Adams County, Colorado. Source: Clear Creek. Amount: Up to 400 acre-feet each from the Frost Reservoir and Waldorf Reservoir rights as changed to alternate places of storage in Case No. 88CW206. Appropriation Date: October 28, 1965. Standley Lake Reservoir: In the Coors/Thornton Agreement dated May 23, 1988, recorded in Jefferson County, Colorado, reception no. 88049908, Coors acquired from Thornton the perpetual right to the use of a portion of the storage capacity Thornton owns in Standley Lake Reservoir together with a similar right to have Thornton operate that storage capacity in Standley on behalf of Coors. Thornton has granted Coors the right acquire firm yield water rights as a part of that agreement, as described in paragraphs 3 and 4 of the Agreement. Place of Storage: Standley Lake or Enlargement of Kinnear Reservoirs (Reservoir Nos. 89 and 90 in the Decree of May 13, 1936, District Court in and for City and County of Denver). Source: From water lawfully stored in Standley Lake Reservoir from Clear Creek and decreed for use for exchange purposes by Coors. The Standley Lake Reservoir structure is more fully described in the decree in Case No. 88CW268. Structures to which Substitute Supplies Will Be Made Available Are Described as Follows: Structure to Receive Substitute Supplies: Standley Lake Reservoir through the Croke Canal and the Farmers High Line Canal. Substitute Supply Delivery Points: Deliveries of substitute supplies from the Coors Jefferson Storage System Reservoirs to Standley Lake Reservoir will be made at the following points: A point on the Croke Canal located in the NE1/4 of Section 24, T3S, R70W, 6th P.M. A point on the Croke Canal located in the SE1/4 of Section 23, T3S, R70W, 6th P.M. A point on the Croke Canal located in the SW1/4, Section 24, T3S, R70W, 6th P.M. A point on the Farmers High Line Canal located in the SE1/4 of Section 23, T3S, R70W, 6th P.M. Description of Coors Exchange Diversion Points at which Exchanged Water Will Be Diverted by Coors from Clear Creek: The Agricultural Ditch with a point of diversion in the City of Golden, Jefferson County, Colorado, located on the South bank of Clear Creek in the SW1/4 of Section 27, T3S, R70W; or The Wannamaker Ditch with point of diversion located on the North bank of Clear Creek in the NE1/4 of Section 27, T3S, R70W, Jefferson County, Colorado, whence the NE corner of Section 27, T3S, R70W, 6th P.M. bears N 38°17'17.5" E, 2099.64 feet; or The Rocky Mountain Ditch with point of diversion located on the South bank of Clear Creek, which is on the south side of the Croke Dam in the NE1/4 NE1/4 NW1/4 of Section 26, T3S, R70W, 6th P.M., and which bears S 18°12'25" W, a distance of 401.11 feet from the North Quarter Corner of said Section 26; or Coors Industries Ditch Alternate Points of Diversion #3, with point of diversion located on the South bank of Clear Creek in the SE1/4 of Section 24, T3S, R70W, 6th P.M., whence the South Quarter Corner of said Section 24 bears S 47°51'47" W, a distance of 1375.04 feet. The Point at which Increased Flows Resulting from the Substitution/Exchange Operations Will Be Diverted from Clear Creek is Described as Follows: Lower Clear Creek Ditch: Point of diversion located on the north branch of Clear Creek at a point 1,400 feet West and 1,200 feet North of the Southeast corner of Section 4, T3S, R68W, 6th P.M., Adams County, Colorado. Source: Clear Creek. Description of Program of Exchange and Substitution: Delivery of Substitute Supplies: During the Croke Season of November 1 through March 31, Coors may provide substitute supplies for storage in Standley Lake Reservoir to the account of the City of Westminster or to the account of the FRICO Irrigators for the benefit of the City of Northglenn as described in paragraph 0 of this Application by either one or both of the following described methods: By withdrawing water as described in paragraph 0 above from storage in the Coors Jefferson Storage System Reservoirs, described in paragraph 0, and delivering it to the Croke Canal or Farmer High Line Canal through the Substitute Supply Delivery Points, described in paragraph 0, for delivery to Standley Lake Reservoir; or By assigning the right as described in paragraph 0 to the use of up to 759 acre-feet of water less transit and evaporation losses, if any, lawfully held in Standley Lake Reservoir for Coors’s use and benefit and decreed for use by Coors for exchange purposes to either the City of Westminster or the FRICO Irrigators for the benefit of the City of Northglenn. Diversion of

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Exchange Supplies: In exchange for the provision of the substitute supplies, Coors may divert from Clear Creek at any one or more of the upstream Coors Exchange Diversion Points described in paragraph 0 of this Application at a combined rate of diversion not exceeding the rate of flow of 5 c.f.s. without being required to provide replacement flows for such exchange diversions that would otherwise be required under the provisions of the Decree of this Court in Consolidated Case Nos. W-8036(75) and W-8256(76) as modified by decree in Case No. 88CW271. To the extent that the use by Coors of such exchange supplies results in an increase in the rate of flow of Clear Creek, but no more than an average taken weekly of 11.0 c.f.s., and to no more than a maximum instantaneous flow rate of 13.2 c.f.s. below the headgate of the Croke Canal in excess of the rate of flow which, but for such use, would otherwise have occurred in that stream at that location, and to the extent such water is decreed for successive use or exchange use, Coors may cause to be diverted at the diversion point described in paragraph 0 and deliver through the Lower Clear Creek Ditch for storage in the West Gravel Lakes lying under the Lower Clear Creek Ditch described in paragraph 0 all of such increased flow that is not required to discharge Coors’s replacement flow obligations under this Court’s decree in Consolidated Case Nos. W-8036(75) and W-8256(76) as modified by decree in Case No. 88CW271. Development of Conditional Water Rights: During this diligence period, in continuing the development of the conditional water rights that are integral point of Coors’s water supply system, Applicant has been engaged in use, construction, and completion of some of the diversion and exchange facilities and water rights involved. In addition, Applicant has been engaged in the legal defense and protection of said water rights and has continued in the planning, designing, and exploration of the physical and business arrangements associated with the construction and use of the diversion and storage facilities and water rights involved. An outline of work done during the diligence period toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed includes the following activities: In its decree in Case No. 96CW167, this Court found that the subject exchanges are an integral part of Coors’s unified water system developed by Coors for beverage and food production, malting, irrigation, domestic, and other commercial and industrial uses. Other components of the unified water system include: the Straight Creek Tunnel Drainage and Effluent System (Case Nos. W-1665 in Water Division No. 5 and W-7097 in Water Division No. 1); Jefferson Storage System (Case Nos. W-152 and 88CW206); Coors Golden Milling Right (Civil Action No. B-9675, Jefferson County District Court), Coors’s Underground Springs (Case Nos. W-7809-74, 90CW064 and 95CW081); Augmentation Plan Springs (Case No. 81CW110), Idaho Springs Reservoir (Case No. 84CW671); the nontributary wells that are the subject of Case No. 85CW051, Coors Industries Ditch (Case Nos. W-224 and W-7585), the Coors Augmentation Plans I, II, and III, decreed in Case Nos. W-8036(75), W-8256(76), 88CW271, 89CW234, and 99CW236; the Cosmic Decree (Case No. 88CW271), and related exchanges decreed in Case Nos. 88CW268, and 96CW1117 (all cases are decrees entered in Water Division No. 1, except where otherwise noted); as well as a complete water treatment, cooling, and distribution system at the plant site in Golden, Colorado. During the diligence period Molson Coors Brewing Company (Coors’s parent company) and SABMiller PLC entered into a joint venture known as MillerCoors LLC. In 2008 Coors entered into a long-term water lease (“2008 Water Lease”) to supply water for MillerCoors LLC’s brewing and commercial operations in Golden, Colorado. Coors has continuously operated its unified water system, including use of the structures and water rights associated with this Application, to support its obligations under the 2008 Water Lease and to support its own commercial operations and other contractual obligations. As described below, Coors, its affiliated entities, and MillerCoors (by agreement with Coors) have expended substantial effort in the development of Coors’s overall unified system of which the rights identified in this Application are integral components. During this diligence period, Coors has continued the development of the unified water supply system of which the exchanges that are the subject of this Application are an integral part. This Court has determined that continued development and maintenance of Coors’s unified water system constitutes diligence for the individual water rights associated with that system as found by this Court in paragraph 13 of the decree entered in Case No. 96CW167. Coors has also been engaged in the legal defense and protection of said water rights and has continued in the planning, design, and exploration of the physical and business problems associated with the construction

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and use of the diversion facilities and water rights involved. During this diligence period, Coors, its affiliates, and MillerCoors (by agreement with Coors) have undertaken the following activities and expended at least $3,400,000 for the development and maintenance of Coors’s unified water supply system: Expenditures in excess of $235,000 for contractual obligations under the Cosmic Agreement and related agreements, including expenditures for Standley Lake improvements; Engineering costs in excess of $200,000 relating to Coors’s water rights and water supply system; Expenditures in excess of $690,000 for ditch companies supporting Coors’s unified water system; Expenditures of approximately $1,055,000 for pump installation and replacement, operation, maintenance, and repairs to Coors’s underground springs; and Expenditures in excess of $1,267,000 on other capital projects in support of Coors’s unified water system. During the diligence period, Coors has also participated in a number of water cases adjudicating matters required for the production of water used in Coors’s unified water system, including but not limited to following cases: Case No. 99CW236 (Coors’s Augmentation Plan III); Case Nos. 04CW078, 05CW154, and 05CW159 (diligence on exchanges relating to the Cosmic Agreement); Case No. 12CW67 (diligence on Coors’s Jefferson Storage); Case No. 06CW083 (diligence on Coors’s Augmentation Plan II) Exchange Rights; Case No. 06CW188 (diligence on Coors’s Idaho Springs Reservoir Exchange); and Case No. 11CW172 (diligence on Coors’s Underground Springs). Coors has also filed statements of opposition to a number of water court applications to prevent injury to Coors’s water rights, including those that are the subject of this Application. Coors’s legal expenses in pursuing these applications and filing statements of opposition to continue and protect the unified system water rights exceeded $570,000 during the diligence period. The appropriative rights of substitution and exchange described in this Application are to be exercised in conjunction with the water rights adjudicated in Case No. 88CW268 and in Consolidated Case Nos. W-8036-75 and W-8256-76, as modified by decrees entered in Case No. 88CW271 and 88CW206. This substitution and exchange allows Coors, rather than curtailing its diversions from Clear Creek, to provide a supply of water to protect “Croke Season yield” as that term defined in the 88CW272 Decree and that may be required under paragraphs 7 and 9 of the Agreement dated May 23, 1988 and recorded at Reception No. 88049909, also known as the Cosmic Agreement (88CW268), to make available for storage in Standley Lake Reservoir to the account of the City of Westminster or the account of FRICO for the benefit of the City of Northglenn a substitute supply under the decree in this case for such purposes from other sources controlled by Coors. To date, conditions have been such that Coors has not had to exercise the appropriative rights of substitution and exchange that are the subject of this Application. Coors can and will exercise such rights when conditions so require. The conditional water rights decreed in this case are part of a series of exchanges implementing the above-referenced “Cosmic Agreement” for which measuring devices are in place at each location necessary to account for these exchange water rights. Upon implementation of any portion of the conditional decreed rights of exchange and consistent with the reporting requirement for these exchange rights first decreed in Case No. 88CW272, Applicant will maintain such measuring devices and maintain such records as the Division Engineer or Water Commissioner may reasonably require for administration of these water rights and shall report the amounts and dates of the water diversions under this Application on at least an annual basis, upon implementation of any portion of the conditionally decreed exchange water rights, consistently with the reporting requirements for these rights first decreed in Case No. 88CW272. 12CW156 PROTEST TO REVISED ABANDONMENT LIST INVOLVING WATER RIGHT IN YUMA COUNTY. Protestant: Dennis and Laura Lengel, 27343 CR 2, Burlington, CO 80807. Scherrer Ditch. 12CW157 PROTEST TO REVISED ABANDONMENT LIST INVOLVING WATER RIGHT IN ARAPAHOE COUNTY. Protestant: City of Greenwood Village, 6060 S. Quebec St., Greenwood Village, CO 80111. CG Richardson D 2-5, 8-12 (WDID #0801320).

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12CW158 PROTEST TO REVISED ABANDONMENT LIST INVOLVING WATER RIGHT IN ARAPAHOE COUNTY. Protestant: The D.L. Crown Farm Trust, 5300 S. Colorado Blvd., Greenwood Village, CO 80121 and the Taylor Family Residence LLC., 700 17th St., #2350, Denver, CO 80202. C.G. Richardson Reservoirs Nos. 9, 10, 11 and C.G. Richardson Ditches Nos. 9, 10, 11. 12CW159 PROTEST TO REVISED ABANDONMENT LIST INVOLVING WATER RIGHT IN DOUGLAS COUNTY. Protestant: Dave and Ethel Evans, 10190 Gayou Gulch Road, Parker, CO 80134. Rothschopf Well #1-13927 (WDID #0807429) 12CW160 PROTEST TO REVISED ABANDONMENT LIST INVOLVING WATER RIGHT IN DOUGLAS COUNTY. Protestant: Harmony Land and Cattle LLC, % Silver Spur Operating Co., LLC, PO Box 714, Encampment, WY 82325. The Evergreen Ditch No. 2, The West Ditch, The Eastside Ditch, The Greenland Ditch and The Williams Ditch. 12CW161 PROTEST TO REVISED ABANDONMENT LIST INVOLVING WATER RIGHT IN DOUGLAS COUNTY. Protestant: Harmony Land and Cattle LLC, % Silver Spur Operating Co., LLC, PO Box 714, Encampment, WY 82325. The Lake Gulch Ditch (WDID No. 0801424). 12CW162 PROTEST TO REVISED ABANDONMENT LIST INVOLVING WATER RIGHT IN DOUGLAS COUNTY. Protestant: Ted Smith, 14058 E. Cherry Creek Rd., Larkspur, CO 80118. Smith Well 1-MF19766 (WDID 0805152). 12CW163 Ground Water Management Subdistrict of the Central Colorado Water Conservancy District (GMS), 3209 West 28th Street, Greeley, Colorado 80631. (970) 330-4540. Bradley C. Grasmick, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534, Phone: (970) 622-8181 APPLICATION FOR CHANGE OF WATER RIGHT IN WELD AND LARIMER COUNTIES. 1. Decreed Name of Structure: Greeley Irrigation Company (2.9 shares). 2. Previous Decrees: a. decree was entered in Civil Action No. 320 in the District Court, County of Larimer, State of Colorado on April 11, 1882. The headgate of Canal No. 3 is located on the south side of the Cache La Poudre River in the Northeast Quarter of the Northwest Quarter of the Southeast Quarter of Section 32, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado at a point 1900 feet West and 2200 feet North of the southeast corner of said Section 32. The source of water is the Cache La Poudre River. The decreed use is for irrigation and domestic with the following appropriation dates and amounts: Priority No. Appropriation Date Decreed Amount 35 04/01/1870 52.0 cfs 45 10/01/1871 41.0 cfs 50 07/15/1872 63.13 cfs 58 05/15/1873 16.67 cfs Canal № 3 and the above water rights are jointly owned, with 5/8ths interest belonging to Greeley Irrigation Company and 3/8ths interest belonging to the City of Greeley. Greeley Irrigation Company also owns 60 preferred rights in Fossil Creek Reservoir. Fossil Creek Reservoir was decreed in Civil Action No. 1591 in the District Court of Larimer County, State of Colorado on December 4, 1909 and Case Nos. 2031 and 11217 in the District Court, County of Larimer, State of Colorado on April 22, 1922 and September 10, 1953. Fossil Creek Reservoir stores water from the Cache la Poudre River and is located in Section 10, Township 6 North, Range 68 West of the 6th P.M. in Larimer County, Colorado. The water rights decreed to Fossil Creek Reservoir are as follows:

Priority No. Appropriation Date Decreed Amount (acre feet) Original Constr. 3/5/1901 12,052 (Priority No. 40) First Enlargement 6/1/1904 1,545

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(Priority No. 66) Second Filling 3/5/1901 12,052 (Priority No. 136E) b. A decree was entered in Case No. 96CW658 on June 15, 1998 (hereinafter the “Poudre Prairie Decree”) based on a ditch wide analysis of the Greeley No. 3 Ditch and quantified the consumptive use of each share under the Ditch. The Poudre Prairie Decree changed certain shares of the Greeley Irrigation Company and the prorata portion of Fossil Creek Reservoir for multiple uses including augmentation, replacement, exchange, irrigation, domestic, commercial, industrial fire protection, water of livestock, recreational, piscatorial and wildlife propagation. c. GMS previously changed 20 shares of the Greeley Irrigation Company (hereinafter “GIC”) in Case No. 97CW078, 65.75 shares of GIC in Case No. 03CW348 and 12 shares of GIC in Case No. 05CW54. 3. Proposed Change: GMS provides augmentation water to allow the continued operation of alluvial wells during times of call, which wells are the subject of Class B, C and D contracts with GMS pursuant to §37-45-101 et. seq. C.R.S. GMS has a decreed plan for augmentation, Case No. 2002CW335 (hereinafter the “Augmentation Plan”) and a decreed recharge and exchange plan, Case No. 2005CW331 (hereinafter “REP”). GMS seeks approval to use the 2.9 shares for augmentation and replacement of out of priority depletions from the wells included in the Augmentation Plan and as a replacement source in the operation of exchanges decreed in REP whether by first use or successive use, either directly or after re-diversion to storage and/or recharge. GMS may also lease the water to others for the uses decreed herein including leases to the Well Augmentation Subdistrict of the Central Colorado Water Conservancy District for use in their augmentation plan decreed in Case No. 03CW99. 4. Historic Use. The 2.9 GIC shares that are the subject of this application were identified in the Poudre Prairie Decree as owned Thomas and Mary Stevens (1.5 shares), Verna and Fred Franklin (1 share) and T.C. and Fay Burrous (0.4 shares). The Thomas and Mary Stevens Shares (1.5 shares) , Verna and Fred Franklin Share (1.0 share) and the T.C. and Fay Burrous Shares (0.4 share) are identified in the Poudre Prairie Decree as being used on Farm Id. No. W-01, Farm Id. No. E-56 and Farm Id No. W-50, respectively. The historical use of the Greeley No. 3 Ditch was previously quantified and decreed in Case No. 96CW658 using a ditch wide analysis based on the period of 1950 through 1979. This period encompassed wet years, dry years and years of average supply and the court found it to be representative of the historic use of the rights. During that study period, the average annual diversion of the GIC direct flow water rights was 11,400 acre-feet. The amount of those diversions attributable to the 2.9 GIC Shares was 63.63 acre-feet. GMS proposes to limit their future use of the 2.9 GIC shares consistent with the Poudre Prairie Decree. GMS proposes to limit future deliveries of GIC direct flow water associated with the 2.9 GIC shares to an annual maximum farm headgate delivery of 73.28 acre feet and a maximum cumulative 10 year farm headgate delivery of 540.68 acre feet. The average consumptive use of the 2.9 GIC shares equals 29.89 acre feet which equals 10.31 acre feet per share as decreed in the Poudre Prairie Decree. 5. Return Flows. GMS will replace the historic return flow obligation which includes both a surface and subsurface component. GMS intends to utilize the surface and subsurface return flow factors as determined in the Poudre Prairie Decree and applied to the GIC direct flow and Fossil Creek Reservoir water, respectively. These return flow factors are based on the ditch wide analysis. The return flows are hereby reappropriated by GMS and will be maintained only for calls senior to the date of the filing of this application. 6. Administration and Delivery. GMS will continue diverting the 2.9 shares through the Canal No. 3 headgate. The 2.9 shares will be returned to the Cache la Poudre River at the F-Street Release Structure, the 35th Avenue Drainage Ditch, the 23rd Avenue Spillway, or the 16th Street Release Structure. All of these structures, except the 35th Avenue Drainage Ditch, are currently equipped with measuring and continuous recording devices. 7. Name and Address of Owners of Structures: Applicants, and Greeley Irrigation Company, c/o Ms. Donna Coble, 1025 9th Avenue, #309, Greeley, CO 80632. 12CW164 PROTEST TO REVISED ABANDONMENT LIST INVOLVING WATER RIGHT IN WELD COUNTY. Protestant: East Cherry Creek Valley Water and Sanitation District, acting by and through the East Cherry Creek Valley Water and Sanitation District Water Activity

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Enterprise, Inc. (“ECCV”), % David Kaunisto, District Manager, 6201 S. Gun Club Road, Aurora, CO 80016. Peterson Well No. 1 (Well permit No. 012751). 12CW165 PROTEST TO REVISED ABANDONMENT LIST INVOLVING WATER RIGHT IN LARIMER COUNTY. Protestant: Terry and Karen Swink, 92 Stagecoach Trail, Lyons, CO 80540. Firkins Hope Sump No. 1. AMENDMENTS 01CW273, PETITION TO MODIFY ABANDONMENT DECREE, Blue Mountain Livestock, LLC, c/o Christie Haas, Manager, P.O. Box 787, Lyons, CO 80540, 720- 273-0391. Jeffrey J. Kahn, Scott E. Holwick, Lyons Gaddis Kahn & Hall, PC, P.O. Box 978, Longmont, CO 80502-0978. WELD COUNTY. Blue Mountain Livestock, LLC (“Petitioner”) petitions the Court to modify the abandonment decree entered in the above-referenced case because the division engineer did not afford Petitioner’s predecessors-in-interest with appropriate due process in noticing that their water right had been placed on the decennial abandonment list. In support of this petition, Petitioner states as follows: 2. In Case No. 01CW273, the revised abandonment list was approved by judgment and decree entered by this court on February 1, 2007. That decree was revised and this court entered the corrected judgment and the final decree on June 25, 2007 (the “Decree”). The Decree is attached as Exhibit A. 3. The Decree purported to abandon the Sosey Ditch (the “Ditch”). See page 14 of 16 of Exhibit A, 8th listing from the top. 4. The Ditch was decreed in a general stream adjudication for St. Vrain Creek in the amount of 2 cfs in Civil Action No. 4790 by the District Court, Boulder County on March 13, 1907. The claimants were James Lowe and L.C. Lyons. The source of water was identified as the North Fork of St. Vrain Creek. The appropriation date was May 1, 1877. The use was for agricultural purposes on 35 acres in Section 12, T3N, R70W. A copy of the relevant portion of the decree in Civil Action No. 4790 is attached as Exhibit B. 5. On August 4, 2006, Petitioner acquired an undivided 3/4 interest in the Ditch (the “Water Right”) through a Personal Representative’s Deed from the Estate of Esther May Sisk, which was recorded in the Office of the Boulder County Clerk on August 24, 2006, bearing Reception No. 2800305. See Affidavit of Eric L. Szaloczi, Principal of Blue Mountain Livestock, LLC, attached as Exhibit C. 6. On August 4, 2006, Petitioner acquired the real property, including the 35 acres on which the Sosey Ditch water right was historically used (the “Property”) through a Personal Representative’s Deed from the Estate of Esther May Sisk, which was recorded in the Office of the Boulder County Clerk on August 24, 2006, bearing Reception No. 2800303. See Exhibit C. 7. Both Petitioner and Petitioner’s predecessors-in-interest, C.D. Sisk and Esther May Sisk, leased the Property to Charlie Paswaters, who for at least the last 15 years, dating back before Case No. 01CW273 was filed and continuing through the present, routinely diverted the Water Right during the St. Vrain Creek’s high run-off, for the purpose of flood irrigating the lower hay field on the Property. See Exhibit C; and see also Affidavit of Charlie Paswaters, attached as Exhibit D. 8. On July 1, 2000, the then Division Engineer provided notice via certified mail that the Water Right had been placed on the 2000 abandonment list to: (a) the County of Boulder, at P.O. Box 471, Boulder, Colorado 80306-0471; and (b) James E. Lowe, at 1832 Manchester Drive, Ft. Collins, Colorado 80526. See the Division Engineer’s file contents on the purported abandonment of the Ditch, forwarded to Petitioner’s attorney via email on April 17, 2012, attached as Exhibit E. 9. Exhibit E demonstrates that both the County of Boulder and James E. Lowe received the certified notice on July 5, 2000 and on July 10, 2000, respectively. See Exhibit E. 10. Exhibit E also demonstrates that the Division Engineer did not provide notice of the purported abandonment to any person or entity other than the County of Boulder and James E. Lowe. 11. Section 37-92-401(2)(b), C.R.S. requires that: No later than July 31, 1990, and every tenth anniversary thereafter, the division engineer shall mail a copy of the respective decennial abandonment list by certified mail, return receipt requested, to the owner or last-known owner or claimant, if known, of every absolute water right which the division engineer has found to have been abandoned in whole or in part. The division engineer shall make such examination as is reasonably appropriate to determine the owner or claimant of such

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absolute water rights. [emphasis added] 12. A review of the chain of title for the section of land identified in the 1907 decree for the Water Right reveals that James (no middle initial identified) Lowe purchased the Property from William Sosey in October of 1901. 13. As noted in No. 4, above, the division engineer sent notice of abandonment of the Water Right to James E. Lowe nearly 100 years after James (no middle initial) Lowe acquired the Property and 93 years after James (no middle initial) Lowe adjudicated the Water Right. 14. As evidenced on the final page of Exhibit E, James E. Lowe’s wife returned the notice to the division engineer on July 31, 2000, with a handwritten message stating “You have the wrong party for this as far as we know!” 15. Illustrative of the reason that the division engineer should have made a more thorough examination to determine who was the owner or claimant of the Water Right in 2000, an April of 2012 internet search of names in Colorado provided 23 individuals who share a common name with Mr. Lowe, none of whom, at present, reside at the Property in Lyons, Colorado. See Exhibit F. 16. Exhibit E does not contain any indication as to why the division engineer chose to send the notice to James E. Lowe, at 1832 Manchester Drive, Ft. Collins, Colorado 80526, instead of, for instance, to James D. Lowe who resides in Loveland, Colorado. 17. The absence of any criteria that the division engineer may have considered in choosing to send the notice to the wrong person, and the absence of evidence that the division engineer took any additional action after being expressly informed that he sent the notice to the wrong person, supports Petitioner’s claim that the division engineer failed to fulfill his statutory obligation to make a reasonable examination to determine the owner or claimant of the Water Right. 18. A review of the chain of title for the section of land identified in the 1907 decree for the Water Right does not reveal that the County of Boulder ever owned any portion of the Water Right or any portion of the Property except for a right of way intended to be used for road construction. 19. Exhibit E does not contain any indication as to why the division engineer chose to send the notice to the County of Boulder. 20. A cursory review of the chain of title for the Property reveals that, at the time the division engineer sent out the abandonment notice, there were two, separate owners of the Water Right: (a) C.D. Sisk and Esther May Sisk (C.D. Sisk acquired the Property and the Water Right by Deed in March, 1946); and (b) David E. & Pamela Goranson (who acquired the remaining, undivided 1/4 interest in the Sosey Ditch water right by Deed in December of 1982). 21. While the relevant statutes do not expressly direct the division engineer to examine chains of title to ascertain the owners of a private ditch, the effort invested by the division engineer in this instance in “determining” the owners or claimants of the Water Right does not pass the “reasonableness” threshold, particularly in light of the immediate response from one of the “owners” that the division engineer was “wrong”. 22. Petitioner cannot find any evidence of, and has no knowledge of, any notice of this purported abandonment given to either C.D. Sisk or Esther May Sisk (per Nos. 5 and 6, above, Petitioner acquired the Property and the Water Right from the Estate of Esther May Sisk, and the Personal Representative who executed the conveyance documents has passed away). See Exhibit C. 23. To the contrary, Charlie Paswaters, a neighbor of C.D. and Esther May Sisk, and their close friend and long-time tenant farmer, states in his affidavit that he had no knowledge of any such notice. See Exhibit D. 24. David E. Goranson, the other interest owner (per No. 20, above, of an undivided 1/4 interest in the Sosey Ditch water right), and long-time neighbor and friend of C.D. and Esther May Sisk, similarly states in his affidavit that he no knowledge of any such notice. See Affidavit of David E. Goranson, attached as Exhibit G. 25. Petitioner had no notice of the purported abandonment, but notes that Charlie Paswaters, Petitioner’s tenant farmer, continued to divert the Water Right, until Petitioner began to investigate, in April of 2012, the status of the portfolio of the water rights, including the undivided 3/4 interest in the Sosey Ditch water right, that it acquired with the Property. See Exhibits C and D. 26. The results from Petitioner’s investigation were the first indication to Petitioner that the Water Right that it believed it acquired had been purported to be abandoned. 27. Petitioner’s belief that it acquired a legal water right in August of 2006 derived, in part, because of Charlie Paswaters continual use of the Water Right. The continued use of the Water Right by C.D. and Esther May Sisk, through Charlie Paswaters, is contrary to the required finding for abandonment under Section 37-92-103(2), C.R.S., that the owner of the water right intended to permanently discontinue the use of the water right. 28. Beyond the owners’ obvious intent to continue to use the Water Right, the abandonment decree could not have abandoned the Water

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Right as the division engineer did not give notice to the owners of the Water Right that it was placed on the decennial abandonment list. Because of this obvious failure of due process, the purported abandonment of the water right was ineffective and a nullity. 29. Petitioner is not subject to the four-year statute of limitations contained in Section 37-92-401(10), C.R.S., as such statute limits actions to correct clerical mistakes or substantive errors in the abandonment decree. Petitioner’s claim here is that the Court did not have jurisdiction to abandon the water right for the Ditch, and the abandonment, if not reversed, violates due process rights as a taking of property without constitutional notice. WHEREFORE, Petitioner requests the Court to modify the Decree entered in Case No. 01CW273 and to remove the Sosey Ditch from the list of water rights abandoned in that Decree. 10CW184, EAST CHEYENNE GAS STORAGE, LLC, c/o James Hoff, 10901 West Toller Drive, Suite 200, Littleton, Colorado 80127, [email protected], 720-351-4006, and NORTH STERLING IRRIGATION DISTRICT, c/o James T. Yahn, Manager, P.O. Box 103, Sterling, Colorado 80751, [email protected], 970-522-2025. Attorney: Veronica A. Sperling, Buchanan and Sperling, P.C., 7703 Ralston Road, Arvada, Colorado 80002, 303-431-9141,[email protected]. AMENDED APPLICATION FOR CONDITIONAL UNDERGROUND WATER RIGHT AND FOR APPROVAL OF PLAN FOR AUGMENTATION IN LOGAN, MORGAN AND WASHINGTON COUNTIES. PURPOSE OF AMENDMENT. The purpose of the amendment to the application is to correct the legal description of the location of the proposed Well EC-PW01 to conform to the actual location at which the well is now planned to be constructed and to more fully describe the source of water to be used for augmentation. The complete amended application is as follows: GENERAL DESCRIPTION OF PROJECT. 3. Applicant, East Cheyenne, is developing an interstate natural gas storage facility approximately 23 miles north of Sterling, in Logan County, Colorado, in Section 7, Township 11 North, Range 52 West of the 6th P.M. The new project is known as the East Cheyenne Gas Storage Project (AProject@). The Project will provide natural gas storage to meet the existing peak day and load growth needs in markets throughout the Midwest and Western United States. The Project will require a water supply source in the amount of up to twenty one (21) acre feet per year for industrial use, including potable water supply, fire protection and facility washdown. CONDITIONAL UNDERGROUND WATER RIGHT. 4. Name of well: Well EC-PW01. 5. Legal description of point of diversion: Well EC-PW01 will be located in the SW1/4 NE1/4 of Section 7, Township 11 North, Range 52 West of the 6th P.M., Logan County, Colorado, at a point approximately 2,647 feet from the East section line and 2,468 feet from the North section line. UTM Format: UTM Zone 13; Easting 2132045.29 and Northing 14874885.94 (Datum set to NAD83). 6. Source: Groundwater tributary to Lewis Creek, tributary to the South Platte River. 7. Depth of well, if completed: N/A. 8. Date of appropriation: May 21, 2009. 9. How appropriation was initiated: By forming the intent to initiate the Project and demonstrating such intent by posting and public meetings regarding the Project, together with physical work on the ground. 10. Date water applied to beneficial use: N/A. 11. Amount claimed: 25 gpm (0.056 cfs), not to exceed 21 acre feet per year, CONDITIONAL. 12. Proposed use: Industrial, including potable water supply, fire protection and facility washdown. 13. Name and address of owner 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: Applicant, East Cheyenne Gas Storage, LLC. PLAN FOR AUGMENTATION. 14. Name of structure to be augmented: Well EC-PW01, the location of which is described in paragraph 5 above. 15. Water rights to be used for augmentation: East Cheyenne has contracted with North Sterling to lease up to twenty one (21) acre feet per year of fully consumable water available to North Sterling under its decree in Case No. 96CW1034, entered on July 21, 2006 (96CW1034 Decree). The term of the agreement is for 30 years, commencing June 8, 2012. The leased water, which may be excess recharge accretions under the 96CW1034 Decree and/or a portion of the North Sterling Reservoir water storage rights changed in the 96CW1034 Decree, will be used to replace out-of-priority depletions resulting from use of Well EC-PW01. A. Date, Case No. and Court for all original and all relevant subsequent decrees: July 21, 2006, Case No. 96CW1034, District Court, Water Division 1. B. Type of water right: Recharge,

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storage. C. Legal description of each point of diversion or storage structure: 1. North Sterling Inlet Ditch: The headgate of the North Sterling Reservoir Inlet Ditch is located at a point whence the corner common to Sections 28, 29, 32 and 33, in Township 5 North, Range 55 West of the 6th P.M., bears North 4,077 feet, in Morgan County, Colorado. The North Sterling Inlet Ditch diverts water out of the South Platte River and the water is carried to North Sterling Reservoir. The North Sterling Inlet Ditch is approximately 59 miles in length from the point of diversion at the headgate to North Sterling Reservoir. 2. North Sterling Outlet Canal: The North Sterling Outlet Canal extends from the dam on the east side of North Sterling Reservoir, northeasterly along the north boundary of the North Sterling Irrigation District for a distance of 63 miles. 3. North Sterling Reservoir: North Sterling Reservoir is located on parts of Sections 2, 3, 4, 5, 6, 8, 9, 10, 15, 16 and 17, all in Township 9 North, Range 53 West of the 6th P.M., and Sections 27, 28, 29, 33, 34 and 35, all in Township 10 North, Range 53 West of the 6th P.M., in Logan County, Colorado. D. Source of water: 1. North Sterling Recharge Water Right and North Sterling Recharge Water Right, First Enlargement: South Platte River. 2. Changed Amount of North Sterling Reservoir Water Right: South Platte River, Springdale Creek, Pawnee Creek and Cedar Creek. E. Appropriation date: 1. North Sterling Recharge Water Right: May 8, 1996. 2. North Sterling Recharge Water Right, First Enlargement: December 31, 2002. 3. Changed Amount of North Sterling Reservoir Water Right: South Platte River, Springdale Creek, Pawnee Creek and Cedar Creek, June 15, 1908; South Platte River, August 1, 1915. F. Amount decreed: 1. North Sterling Recharge Water Right: 600 cfs, 294 cfs of which is absolute and 306 cfs of which is conditional, up to a maximum of 7,800 acre feet in a single water year, and not to exceed a maximum of 46,600 acre feet over any twenty (20) consecutive years. 2. North Sterling Recharge Water Right, First Enlargement: 600 cfs conditional, up to a maximum of 24,000 acre feet in a single water year, and not to exceed a maximum of 138,600 acre feet over any twenty (20) consecutive years. 3. Changed Amount of North Sterling Reservoir Water Right: 15,000 acre feet per year changed in Case No. 96CW1034. 4. Amount to be included in this plan for augmentation: A maximum of 21 acre feet per year total from all of the above-described sources. G. Decreed uses: 1. North Sterling Recharge Water Right and North Sterling Recharge Water Right, First Enlargement: Recharge of groundwater alluvium of the South Platte River, or its tributaries, for use for augmentation, replacement, exchange and substitute supply, including use of excess recharge credits for such purposes, both inside and outside the boundaries of the North Sterling Irrigation District. 2. Changed North Sterling Reservoir Water Right: Irrigation, recreational, wildlife and piscatorial purposes, industrial, commercial and fire protection, augmentation and exchange. 16. Complete statement of plan for augmentation: Pumping from Well EC-PW01 will result in depletions to Lewis Creek, a tributary of the South Platte River. Pumping from Well EC-PW01 will be metered. Consumptive use shall be assumed to be 100% of the amount pumped. The timing of depletions to Lewis Creek from such pumping shall be calculated using the analytical equations described by Glover (Glover, Robert E., 1977, Transient Ground Water Hydraulics, Water Resources Publications) and others, by applying the method described by Glover that represents a boundary condition for the alluvial aquifer indicating that the boundary constitutes a Ano-flow@ condition. The alluvial aquifer setting of the Alluvial Water Accounting System (AWAS), or another program which incorporates the Glover no-flow boundary method, shall be used to calculate the timing of such depletions. The location of such depletions will be to Impact Reach 4 as described in the 96CW1034 Decree, which is from the Iliff and Platte Valley Ditch headgate on the South Platte River to the Harmony Ditch No. 1 headgate on the South Platte River. All out-of-priority depletions will be replaced by East Cheyenne using fully consumable water leased from North Sterling. 17. Name and address of owner 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: No new diversion or storage structures will be constructed and no existing diversion or storage structures will be modified. The land on which North Sterling Reservoir is located is owned by Applicant, North Sterling Irrigation Company. WHEREFORE, applicants, East Cheyenne Gas Storage, LLC and North Sterling Irrigation District, request the Court to enter a decree confirming and approving the conditional underground water right and plan for augmentation described herein.

Page 23: DISTRICT COURT, WATER DIVISION 1, COLORADO JUNE 2012 … · DISTRICT COURT, WATER DIVISION 1, COLORADO JUNE 2012 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS

11CW254 DAVID WALDEN, 1269 Highland Park Drive, Broomfield, CO 80020. Telephone: (303) 460-9538. APPLICATION FOR UNDERGROUND WATER RIGHT IN LARIMER COUNTY. Julie Well, permit 202560, located NE1/4, NE1/4, S32, T10N, R73W of the 6th PM at a distance 610 ft from North and 1310 ft from East. Piney Knolls subdivision; lot 13. Source: all unnamed aquifers. Depth of well: 125’. Date of appropriation: 4/18/1997. How appropriation was initiated: Application. Date water applied to beneficial use: 9/22/1998. Amount claimed: 7.5 gpm, Absolute. Household use only. 12CW84, William and Jeanette Frazier, Jerome and Susan Kalamen, Thomas and Gertrude Summers, Patrick and Karen Friesen, Michael and Virginia Rodman, Kimberly Carlson, Kurt and Delcie Lemoine, Bryan Freng, and Paul and Carole Dubois, c/o 42099 Madrid Drive, Parker, Colorado 80138 (Kara N. Godbehere, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), AMENDED APPLICATION FOR NONTRIBUTARY DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AND NOT NONTRIBUTARY UPPER DAWSON AQUIFER WATER RIGHTS ELBERT COUNTY, The original application was filed with this Court on April 23, 2012 and requested adjudication of groundwater rights underlying 9 lots in Parker Hylands Subdivision, Filing 2, generally located in parts of the SW1/4 of Section 35, T6S, R65W, and the NW1/4NW1/4 of Section 2, T7S, R65W of the 6th P.M. (Attachment B). The application is amended to request the same types of groundwater underlying an additional 6.4 acre lot being Lot 84 owned by Jerome and Susan Kalamen. The total acreage in the application in now 52.9 acres. Further, Applicants pray that this Court grant the amended application and for such other relief as seems proper in the premises. (6 pages). THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED. YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of AUGUST 2012 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $130.00 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.