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DISTRICT COURT, WATER DIVISION 1, COLORADO SEPTEMBER 2017 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 SEPTEMBER 2017 for each County affected.

17CW40 ROBERT AND CHRISTINE MUSSER, 1372 Royal Troon Dr., Castle Rock, CO 80104. 914-804-3760. APPLICATION FOR CONDITIONAL UNDERGROUND WATER RIGHT FOR AN EXEMPT WELL PURSUANT TO §37-92-602(4), C.R.S. IN DOUGLAS COUNTY. Applicant seeks to adjudicate exempt well, permit 219974, located NW1/4, NE1/4, S5, T9S, R68W of the 6th PM at a distance 165 ft. from N and 2475 ft. from E. Rock Estates Subdivision; Lot 4B. Street address: 3975 Majestic Mountain Lane, Sedalia. Amount: 6 gpm, Conditional. Source: Groundwater-Granite Formation next to Pikes National Forest. Depth: 590 ft. Use: Household use only for 1 single family dwelling. 17CW41 BRIAN K. MULLINS, 504 W. 64th St., Inglewood, CA 90302. 310-245-8266. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 03-11-05 in case 96CW852, WD1; Subsequent decree: 09-13-11 in case 11CW37, WD1. Mullins Well, permit 277880, located NW1/4, NW1/4, S20, T10S, R75W of the 6th PM at a distance 570 ft. from N and 810 ft. from W. 548 Santa Maria Drive, Como, CO. Santa Maria Ranch subdivision, Lot 22. Source: Groundwater. Appropriation date: 12-12-96. Amount: 15 gpm, Conditional. Use: Household use only in a single family dwelling not including irrigation.

17CW42 CECIL AND SHERI COLWELL, 38383 CR 13, Elizabeth, CO 80107. 303-748-1501. APPLICATION FOR UNDERGROUND WATER RIGHTS IN THE DENVER BASIN AQUIFERS IN ELBERT COUNTY. Applicant seeks to adjudicate the well, permit 177263, and to adjudicate the non tributary and not nontributary Denver Basin groundwater underlying a 35 acre tract of land lying in the NE1/4, SE1/4, S24, T7S, R65W of the 6th PM including the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers.

17CW3132 The Well Augmentation Subdistrict of the Central Colorado Water Conservancy District (WAS), 3209 West 28th Street, Greeley, Colorado 80634. c/o Lawrence Jones Custer Grasmick, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO, 80534 (970)622-8181. APPLICATION TO ADD A WELL TO THE WAS AUGMENTATION PLAN IN WELD COUNTY . 2. Augmentation Plan Addition. ¶11.1.2 of the Decree in Case No. 03CW99 allows the addition of Member Wells to the Plan subject to notice and terms and conditions. 3. Structure to be Added and Augmented. 3.1. Decreed Name of Structure to be Added and Augmented. Well No. 1-12561 (WDID 0207933) (Well). 3.1.1. Name and Address of Well Owners. Bella Farms LLC, Gary Hendrickson, 13278 WCR 32, Platteville, Colorado 80651. 3.1.2. Decree W-1040. A decree was entered in Water Court, Water Division No. 1, Case No. W-1040 on October 31, 1972 adjudicating Well No. 1-12561 at a point 2615 feet south and 2479 feet east of the Northwest corner of Section 7, Township 3 North, Range 66 West of the 6th P.M, Weld County, Colorado in the amount of 1.78 c.f.s with an appropriation date of May 31, 1948 for irrigation and domestic purposes on land in Section 7, Township 3 North, Range 66 West and Section 32, Township 4 North, Range 66 West of the 6th P.M, Weld County, Colorado. Exhibit 1. 3.1.3. Decree 11CW106. The Well was deleted from the WAS augmentation plan, Case No. 03CW99, by the Decree in Case No. 11CW106 entered January 17, 2013 and the purpose of this application is to add the Well back into the WAS plan. 3.1.4. WAS Contract 1157. Contract 1157 was approved January 17, 2017 allocating 1 acre-feet for the irrigation of 277 acres in part of the NW1/4 and part of the SW1/4, Section 7, Township 3 North, Range 66 West. Exhibit 2. 4. Proposed Terms and Conditions. 4.1. The terms and conditions for the Well will be the same as for the other Covered Wells in the 03CW99 Decree. The consumptive use factors will be 60% for flood irrigated acres and 80% for sprinkler irrigated acres. The

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method for determining future well depletions will be those set out in the Decree at ¶¶16-19. The Well will be subject to all the terms and conditions for operation as for other Covered Wells in the 03CW99 Decree. 4.2. Net Stream Depletions. Depletions resulting from the consumptive use of groundwater and accretions resulting from deep percolation of groundwater applied for irrigation will be lagged back to the South Platte River using the Glover alluvial aquifer method and the following parameters. Harmonic Mean Transmissivity (gallons/day/foot) T = 140,500. Specific Yield = 0.2. Total Distance of Alluvial Aquifer Boundary from River W = 12,385 feet. Distance of Well from River X = 9,140 feet. See WSWE Report, Exhibit 3. 4.3. Pre-2003 Depletions. When the Well was removed from the 03CW99 Decree by the Decree in 11CW106 that Decree did not require replacement of future depletions caused by pre-2003 pumping. Since Well No. 1-12561 is to added back into the 03CW99 Decree it is necessary to now replace any remaining net depletions from pre-2003 pumping. The WSWE Report shows the calculation of those future depletions which are shown in Table 1.

Table 1 (Net Depletions in acre-feet)

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total

2017 -0.02 -0.02 -0.02 -0.02 -0.08

2018 -0.01 -0.01 -0.01 -0.01 -0.02 -0.02 -0.02 -0.02 -0.02 -0.02 -0.02 -0.02 -0.20

2019 -0.01 -0.01 -0.01 -0.01 -0.01 -0.01 -0.01 -0.01 -0.01 -0.01 -0.01 -0.01 -0.12

2020 -0.01 -0.01 -0.01 -0.01 -0.01 -0.01 -0.01 -0.01 -0.01 -0.01 -0.01 -0.01 -0.12

2021 -0.01 -0.01 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -0.02

Total -0.54

4.4.In addition WAS will continue to replace net depletions as required by the Decree in Case No. 11CW106 which remaining net depletions are shown in Table 2.

Table 2 (Net Depletions in acre-feet)

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total

2017 -0.01 -0.01 -0.01 -0.01 -0.04

2018 -0.01 -0.01 -0.01 -0.01 -0.01 -0.01 -0.01 -0.01 -0.01 -0.01 -0.01 -0.01 -0.12

2019 -0.01 -0.01 -0.01 -0.01 -0.01 -0.01 -0.01 -0.01 -0.01 -0.01 -0.01 -0.11

Total -0.27

4.5.Out of priority depletions from pumping of the Well will occur in Reach F-3 and will be augmented by WAS. 5. Distribution of Future Well Depletions. The Decree requires WAS to distribute well depletions between river reaches. ¶22.2 of the Decree states: “In the event of the addition or deletion of a well under this plan pursuant to ¶¶11.1.2 and 11.1.3, the Court shall approve and order such adjustments to the percentages set forth in ¶¶22.2.1, 22.2.2, and 22.2.4 as necessary to ensure that depletions continue to be replaced at locations necessary to prevent injury.” The addition of the well in this application requires no adjustment to the percentages used to distribute stream depletions as described in the WSWE Report.

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17CW3133 VERIFIED COMPLAINT FOR QUIET TITLE AND DELCARATORY JUDGMENT. Plaintiff: DW EWING FARMS, LLC, a Colorado limited liability company, 2140 39th Avenue, Greeley, CO, 809634. V. Defendants: PLATTEVILLE IRRIGATING AND MILLING COMPANY, a Colorado mutual ditch organization and all unknown persons who claim any interest in the subject matter of this action, 12994 WCR 28, Platteville, CO 80651.

17CW3134 RUGLOSKI, RAYMOND J. AND CAROLINE E., 1455 County Club Drive, Lake Ozark, MO 65049. (Please forward all correspondence and pleadings to Monson, Cummins & Shohet, Attn: David M. Shohet, #36675, 319 N. Weber Street, Colorado Springs, CO 80903, dms@cowaterlaw.com, 719-471-1212). Application for Amendment of Plan for Augmentation, PARK COUNTY, COLORADO. Raymond J. Rugloski and Carolyn E. Rugloski (“Applicants”) are the owners of a contractual right in perpetuity to receive 20.0 acre feet of consumptive use water decreed for augmentation purposes from water rights owned by the City of Aurora, which is stored in Spinney Mountain Reservoir in Park County (“Augmentation Water”). In Case No. 96CW1038, District Court, Water Division 1, the Applicants obtained a plan for augmentation to replace the out-of-priority depletions caused by several water rights adjudicated in Case No. 96CW1038 as well as water rights adjudicated in Case No. 96CW129 (“96CW1038 Decree”). The Augmentation Water was dedicated as the source of water to replace the out of priority depletions under the 96CW1038 Decree. The Applicants have sold all of the water rights together with the plan for augmentation decreed in the 96CW1038 Decree. As part of this sale, the Applicants conveyed a portion of the Augmentation Water. The Applicants file this Application to confirm the amount of Augmentation Water dedicated to the 96CW1038 Decree and to allow the Applicants to utilize that portion of the Augmentation Water not assigned and needed by the 96CW1038 Decree for other augmentation purposes free and clear of the 96CW1038 Decree. The Applicants obtained the 96CW1038 Decree as part of an overall plan to develop a wildlife habitat on their property located in Park County, Colorado. The wildlife plan included the development of wetlands as well as ponds to maintain fish, wildlife, and livestock watering and the attendant riparian habitat enhancement resulting from the impoundment of the water for such storage purposes. To implement this plan, the Applicants constructed a series of small ponds and reservoirs within existing watercourses and the structures will contribute to erosion control. The Applicants have subsequently sold and conveyed a portion of their property along with the 96CW1038 Decree to David and Nancy Rogers and Rogers & Rogers Energy, LP, a Texas limited partnership (collectively, “Rogers”). As part of the sale and conveyance of property and water rights, the Applicants conveyed a total of 6.68 acre feet of the Augmentation Water to Rogers. Paragraph 23 of the 96CW1038 Decree states that “[a]ll or any portion of the [Augmentation Water]…will be released at the discretion of the Division Engineer…” Paragraph 23 of the 96CW1038 Decree further states “[a]ny portion of the Applicants’ [Augmentation Water] not dedicated to this plan for augmentation may be used by the Applicants in future plans of augmentation or amendments hereto.” As only 6.68 acre feet of the Augmentation Water has been conveyed to Rogers and the Applicants no longer have any ownership interests in the property and water rights subject of the96CW1038 Decree, the Applicants file this Application to confirm that only 6.68 acre feet of the Augmentation Water is dedicated to the 96CW1038 Decree. The Applicants seek further confirmation that the remaining portion of the Augmentation Water (13.32 acre feet) may be used by the Applicants or their successors in interest for future uses free and clear of the plan for augmentation decreed in the 96CW1038 Decree. The Applicants own 12.32 acre feet of the Augmentation Water. Rogers, whose address is P. O. Box 50368, Midland, TX 79710-0368, own 6.68 acre feet of the Augmentation Water, together with all of the water rights and the plan for augmentation decreed in the 96CW1038 Decree. Lynn A. Jacobson, 334 Whitman Court, Palo Alto, California 94301, owns 1 acre foot of the Augmentation Water, but does not own any water rights to be augmented under the 96CW1038 Decree. 17CW3135, Mark Schenecker and Saundra McNeil Schenecker, 1705 Rocky View Drive, Castle Rock, CO 80108 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202),

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APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, DOUGLAS COUNTY. 20.26 acres being Lot 4, Block 5, Castle Oaks Filing 1, generally located in the NW1/4 of Section 5, T8S, R66W of the 6th P.M., Douglas County, as shown on Attachment A hereto (Subject Property). Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Upper Dawson: 2.5 acre-feet, Lower Dawson: 3 acre-feet, Denver: 11 acre-feet, Arapahoe: 9.6 acre-feet, Laramie-Fox Hills: 5.4 acre-feet. Proposed Use: Domestic, commercial, industrial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Groundwater to be augmented: 2 acre-feet per year of Upper Dawson aquifer groundwater requested herein. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Upper Dawson aquifer groundwater will be used through two wells (one acre-foot per well), including the existing well (Permit No. 69064), for in house use (0.35 acre-feet), irrigation of 10,500 square-feet of lawn, garden, and trees (0.6 acre-feet), and stockwatering of up to 4 large domestic animals (0.05 acre-feet). Applicants reserve the right to amend these amounts and values without amending the application or republishing the same. Sewage treatment for inhouse use will be provided by a non-evaporative septic system and return flow from inhouse and irrigation use will be approximately 90% and 15% of that use, respectively. During pumping Applicants will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions occur to the Cherry Creek stream system and return flows accrue to the South Platte River via Cherry Creek and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Based on other similar cases in the area, Applicants estimate that the actual depletion at 100 years of pumping is less than 3% of the annual amount withdrawn. Applicants will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post pumping augmentation requirements. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (6 pages). 17CW3136 East Cherry Creek Valley Water and Sanitation District (“ECCV”); 6201 S. Gun Club Road; Aurora, CO 80016; Telephone: (303) 693-3800. APPLICATION FOR PERMISSION TO CONSTRUCT REPLACEMENT OR SUBSTITUTE WELL TO WITHDRAW NONTRIBUTARY ARAPAHOE FORMATION GROUNDWATER IN DOUGLAS COUNTY. Please direct all correspondence or inquiries regarding this matter to counsel for the Applicant: Sheela S. Stack, Esq.; RYLEY CARLOCK & APPLEWHITE; 1700 Lincoln Street, Suite 3500; Denver, Colorado 80203; Telephone: (303) 863-7500. 2. Introduction. ECCV owns certain decreed groundwater rights for the withdrawal of nontributary Arapahoe formation groundwater underlying Highlands Ranch in Douglas County, Colorado, including nontributary Arapahoe formation groundwater rights decreed to Well PA-8, Well Permit No. 22189-F, issued on March 31, 1977. Well PA-8 is the subject of the amended decree in Case No. 99CW163, entered August 31, 2001 (“99CW163 Decree”). Pursuant to paragraph 4.1.a. of the 99CW163 Decree, the owner of Well PA-8 may file an application with this Court for permission to construct a replacement or substitute well for Well PA-8 at such time as Well PA-8 cannot produce its final annual amount of withdrawal. Well PA-8 can no longer produce its final annual amount of withdrawal, 480 acre-feet per year. Accordingly, ECCV seeks permission to construct a replacement well for Well PA-8 (“Well PA-8R”). Construction of Well PA-8R will enable ECCV to withdraw the final annual amount of water decreed to Well PA-8. 3. Decreed Name of Structure for which the Replacement Well is Sought. Well PA-8, Well Permit No. 22189-F, issued on March 31, 1977. 4. Decree Information. 4.1. Original and Subsequent Decrees. The original decree for Well PA-8 was entered on October 1, 1984 in Case No. W-9310-78, and the conditional amount made final by the amended decree entered on July 9, 1992 in Consolidated Case Nos. W-8284-76, W-9310-78, 85CW163, 85CW170, and

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88CW079. The use and location of Well PA-8 were changed by the decree entered on September 28, 1995 in Case No. 90CW109. Certain terms of the decree entered in Case No. W-8284-76 were modified by the 99CW163 Decree. 4.2. Decreed Location. SW1/4 of the SW1/4 of Section 20, Township 6 South, Range 67 West of the 6th P.M., Douglas County, Colorado, 424.9 feet from the South section line and 426.2 feet from the West section line of Section 20. 4.3. Source. Nontributary Arapahoe Formation. 4.4. Appropriation Date. March 31, 1977. 4.5. Amount. 1.34 cfs (600 gpm), with an annual amount of withdrawal of 480 acre-feet per year, subject to the provisions of paragraphs 17 and 28 of the decree in Case No. W-9310-78, as modified by paragraphs 4.1 and 4.3 of the 99CW163 Decree. 4.6. Decreed Uses. Municipal, domestic, irrigation, power generation, mining, recreational, including fishery and wildlife, manufacturing, fire protection, commercial, and stock watering. 5. Proposed Location for Well PA-8R. SW1/4 SW1/4 of Section 20, Township 6 South, Range 67 West of the 6th P.M., Douglas County, Colorado. The UTM coordinates in Zone 13 South are as follows: Northing 4373196m, Easting 506731m. The proposed location for Well PA-8R is within Zone 2B-1 as required by paragraph 4.1.b(1) of the 99CW163 Decree and complies with the well spacing requirements of said paragraph 4.1.b(1). A map showing the location of Well PA-8, the proposed location of Well PA-8R, and the proposed location of Well PA-8R in relation to the zones and well spacing requirements in paragraph 4.1.b(1) of the 99CW163 Decree is attached as Exhibit 1. 6. Proposed Terms and Conditions. Well PA-8R will be operated in accordance with all applicable terms and conditions of the previous decrees described in paragraph 4.1, above. 7. Name and address of owner or reputed owner of land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure, is or will be constructed, or upon which water is or will be stored, including any modification to the existing storage pool. Applicant has an ownership interest in the well site for the Well PA-8R. WHEREFORE, ECCV requests the Court to approve the construction of a replacement well for Well PA-8 at the location described in paragraph 5, above. (5 pages, 1 exhibit). 17CW3137 (11CW44, 04CW243, 98CW234, 90CW032, 81CW074). Edward G. Hogan, William J. Hogan, and JoAnn Sharp (“Applicants”) c/o William J. Hogan, 11919 State Highway 93, Boulder, Colorado 80303. DISTRICT COURT, WATER DIVISION NO. 1, STATE OF COLORADO, Weld County Courthouse, 901 9th Avenue, Greeley, CO, 80631. CONCERNING THE APPLICATION FOR WATER RIGHTS OF EDWARD G. HOGAN, WILLIAM J. HOGAN JOANN SHARP IN JEFFERSON COUNTY. APPLICATION FOR FINDING OF REASONABLE DILIGENCE. 1. Name, address and telephone number of applicants: Edward G. Hogan, William J. Hogan, and JoAnn Sharp (“Applicants”) c/o William J. Hogan, 11919 State Highway 93, Boulder, Colorado 80303. Applicants have created trusts which hold a portion of the title to the Hogan Ranch and the subject water rights, as follows: Bill Hogan Living Trust, JoAnn T. Sharp Revocable Trust, Christopher R. Bergquist Sr., Revocable Trust, and John C. Hogan. The address for Applicants is unchanged. Direct all pleadings to: Steven J. Bushong (#21782), Cassidy L. Woodard (#48824), Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO, 80302. (303) 443-6800. 2. Name of structure: Hogan Reservoir. 3. Description of conditional water rights: A. Original decree. Findings and Ruling of the Referee and Decree of the Water Court dated April 12, 1982, in Case No. 81CW074, Water Division No. 1, State of Colorado. Findings of reasonable diligence were entered in Case Nos. 90CW032, 98CW234, 04CW243, and 11CW44. B. Decreed location of structure: Located in the NE 1/4 of Section 5 and the NW 1/4 of Section 4, Township 2 South, Range 70 West, of the 6th P.M., Jefferson County, Colorado. The outlet is a point South 3557'20" West 286.62 feet from the NE Corner of said Section 5. C. Decreed Source of water: Natural runoff tributary to Coal Creek. D. Decreed Appropriation date: February 7, 1981. E. Decreed Amount of water: 204 acre-feet conditional. F. Decreed Use: Irrigation, washing gravel, industrial, and augmentation. G. Portions Previously Made Absolute: 150 acre-feet was made absolute for washing gravel and industrial purposes in Case No. 04CW243, leaving 54 acre-feet conditional for washing gravel and industrial purposes, and 204 acre-feet conditional for irrigation and augmentation. H. Map: A map depicting the location of Hogan Reservoir and other structures is attached hereto as Exhibit A. 4. Detailed outline of work done to complete the project and apply water to beneficial use: The subject water rights

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were recognized in Case No. 11CW44 as components of Applicants’ integrated water supply system. Since that last diligence decree was entered in Case No. 11CW44, Applicants have undertaken the following specific activities that demonstrate ongoing diligence with regard to the subject conditional right: Applicants renewed their lease with Texas Industries, Inc. (“TXI”) and its successor-in-interest, Trinity Industries, Inc. (“Trinity”) to permit the continued extraction of aggregate materials from Applicant’s property. The mining activities are creating the water storage facility for Hogan Reservoir, the depletions from which may be augmented by the subject water rights in the future. A. All water diverted and stored by the subject water rights since the decree was issued in Case No. 11CW44 has been used by TXI and Trinity by agreement. Applicants continue to plan for the use of their integrated water supply system after Trinity’s work is completed. Trinity plans to excavate another roughly 225,000 tons of shale a year for the next several years and will rely upon the subject water rights and Hogan’s other water rights for that operation. B. Records show approximately 350 acre-feet of water from Applicants was used by TXI and Trinity during the diligence period, of which about 150 acre-feet came from Hogan Reservoir. C. Improvements, maintenance and operation needed to allow the delivery of the subject water rights and other water rights owned by Applicants to TXI and Trinity, such as pumps, valves, piping, pressure switches, and other infrastructure and actions have had a documented cost of $182,652 over the past roughly six years. D. Applicants have installed other improvements to maintain the infrastructure associated with utilizing the water from Hogan Reservoir and with regard to the associated infrastructure in Hogan Reservoir No. 2 and Hogan Ditch No. 2. E. Applicants pursued and received a diligence decree in Case No. 17CW3029 for the Hogan Reservoir No. 2 and Hogan Ditch No. 2. F. Applicants’ property has been encumbered with a deed of conservation easement that retains Applicants’ right to construct five residences, in addition to the two residences already in existence. Applicants have not yet finalized their plans for the development rights, but that will require use of the subject water rights. G. Applicants believe that the continued mining of the Hogan Reservoir facility will likely result in a storage facility larger than the decreed Hogan Reservoir. Applicants have corresponded with public water supply providers and received a letter of interest should any portion of the constructed Hogan Reservoir or other Applicant facilities be available. Applicants will finalize any such agreement prior to or upon completion of the mining by Trinity. All of the above activities demonstrate reasonable diligence in perfecting the remaining Hogan Reservoir conditional water rights. 6. Names(s) and Address(es) of Owner(s) of the Land upon which Any New Diversion or Storage Structure, or Modification to Any Existing Diversion or Storage Structure Is or Will be Constructed: Applicants own the land upon which the Hogan Reservoir is located. WHEREFORE, consistent with the foregoing, Applicants request that this Court enter a decree that (1) finds the Applicants reasonably diligent in perfecting the remaining conditional water rights decreed for the Hogan Reservoir, thereby retaining in full force and effect said conditional water rights in the amount of 204 acre-feet for irrigation and augmentation uses and 54 acre-feet for industrial and gravel washing uses; and (2) granting such other and further relief consistent with this pleading as this Court may deem proper. (5 pages + exhibit) 17CW3138 Marlin and Shirley Ness, 501 East 27th Street. Greeley, CO 80631. Please send correspondence and pleadings to: Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534. Phone: (970) 622-8181; david@ljcglaw.com. CONCERNING THE APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE WATER RIGHT ABOSLUTE, IN PART, in WELD COUNTY. 2. Description of Water Rights from Previous Decree dated August 10, 2011. 2.1. Name of Structure: Greeley RV Park Well 2.1.1. Previous Decree: Case No. 05CW47 2.1.2. Legal Description: NW1/4 of the NE1/4, Section 21, Township 5 North, Range 65 West, 6th P.M., 228 from the North line and 2290 from East line of said Section 21. 2.1.3. Date of Appropriation: August 19, 2008 2.1.4. How appropriation was initiated: formation of the intent to appropriate water to beneficial use, engineering study and the filing of the amended application. 2.1.5. Amount: 20 g.p.m. 2.1.6. Use: domestic water supply for commercial RV lot 2.1.7. Source: groundwater tributary to the South Platte River 3. Outline of Work Toward Completion of the Appropriation. Applicant constructed the well after obtaining a well permit to construct and has operated the well for the

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decreed beneficial use to supply its RV park under its plan for augmentation decreed in Case No. 05CW47. The current permit for this well is 77320-F. 4. Claim for Finding of Reasonable Diligence. Applicant seeks the following: to make the water right absolute in the amount of 6 g.p.m. for decreed uses, a finding that it has been reasonably diligent in the development of the subject water rights, and to maintain 14 g.p.m. as conditional for all decreed uses. The original format of this application is three (3) pages in length. 17CW3139 THE TOWN OF NEDERLAND c/o Chris Pelletier, Public Works Manager, P.O. Box 396, Nederland, CO 80466. Please direct all correspondence concerning this Application to: Aaron S. Ladd, Esq. and Leila C. Behnampour, Esq., Vranesh and Raisch, LLP, 1720 14th St., Suite 200, Boulder, CO 80302. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN BOULDER COUNTY. 2. Name of Structure: Nederland Reservoir. The water right decreed to Nederland Reservoir is also referred to below as the “Subject Conditional Water Right.” 3. Description of Subject Conditional Water Right: A. Date of Original Decree: Case No. W-9476-78, State of Colorado, District Court, Water Division 1, entered on July 29, 1980. B. Subsequent decrees awarding findings of reasonable diligence, in Water Division 1: 1. Case No. 84CW253, entered April 25, 1985. 2. Case No. 88CW107, entered February 10, 1989. 3. Case No. 95CW033, entered October 18, 1995. 4. Case No. 01CW191, entered December 7, 2004. 5. Case No. 10CW294, entered September 1, 2011. C. Legal description: Nederland Reservoir is decreed in the South 1/2, SE 1/4, Section 14, Township 1 South, Range 73 West, 6th P.M., Boulder County, Colorado at a point whence the SE corner of said Section 14 bears S 57° 15' E, a distance of 1,145 feet, more or less. See the map attached hereto as Exhibit A. D. Source of Water: Middle Boulder Creek. E. Appropriation Date and Amount: January 6, 1973; 100 acre-feet, CONDITIONAL, with the right to fill and refill. F. Uses: Municipal, recreational, piscatorial, fire protection, augmentation, exchange and irrigation. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to beneficial use as conditionally decreed, including expenditures, during the previous diligence period: A. Nederland Reservoir is part of an integrated system of water rights and facilities associated with the Town’s water and wastewater systems and its decreed Plan of Augmentation, decreed in Case No. W-8485-77. Pursuant to said plan, the reservoir may be used, in part, to store all or a portion of the augmentation water once constructed and will play a critical role in providing a secure water supply to the Town once constructed. Additionally, Nederland Reservoir will provide raw water supply and drought firming water supply to the Town. B. During the diligence period, the Town undertook significant steps to improve its intake, water treatment, and water delivery infrastructure. Among these, the Town spent approximately $70,000 to rebuild its raw water intake structure, and approximately an additional $10,000 to construct an infiltration gallery at that intake location. In addition, the Town expended approximately $190,000 on improvements to its water treatment plant and related processes, including a new backwash diversion project that allows water used to backwash filters to return directly to the river. Numerous upgrades were made to the Town’s distribution system at a cost of over $600,000, including upgrades to more than 750 water meters, replacement of Pressure Release Valves within the Town, upgrades to the pump house and flow model at the Big Spring subdivision, upgrades at the Caribou Pump Station, and the replacement of numerous hydrants. C. During the diligence period, the Town also undertook significant steps to modernize and upgrade its wastewater treatment facilities. These facilities are an integral part of the Town’s Plan of Augmentation to provide return flows. The Town built a new wastewater treatment plant at a cost of approximately $2,300,000. This upgrade allowed the Town to eliminate one of its holding ponds. The Town also improved its wastewater collection system in three phases at a total cost of approximately $1,000,000. The Town has also spent approximately $100,000 to design a wastewater plant expansion to date and has an additional $47,000 budgeted for final design. The total cost of the wastewater treatment plant expansion is estimated to be $2,000,000, with work planned to commence in 2018. D. The Town has also undertaken a number of studies concerning its raw water and wastewater systems during the diligence period. The Town expended approximately $120,000 on an infiltration and inflow study and engineering to, inter alia, reduce flow to the wastewater treatment plant and reduce the

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burden of treatment. The Town also expended approximately $30,000 for a biosolids study, the first step to wastewater upgrades that will allow the Town to eliminate its holding pond. And finally, the Town conducted a water rate study, costing approximately $24,000. E. The Town has also taken specific steps toward the development, design and construction of Nederland Reservoir including cost estimates and a phased plan of development. At a cost of more than $20,000, the Town engaged JVA, Inc. to conduct a Nederland Reservoir Feasibility Assessment to determine the feasibility and cost of developing Nederland Reservoir. The Town also contacted owners of property on which Nederland Reservoir will be constructed to discuss the project. F. Over the diligence period, the Town has engaged legal counsel to assist in the development of Nederland Reservoir. The Town has also engaged legal counsel to assist in matters concerning its water rights, operation of its augmentation plan, accounting, monitoring the water court resume, and filing statements of opposition to protect the Town’s water rights. The Town has expended more than $49,000 for said legal services during the diligence period. The Town has also paid approximately $18,500 to TZA Water Engineers for, among other things, water rights and augmentation plan accounting. G. The Town also developed a Comprehensive Plan, at a cost of $20,000, prioritizing the legal and engineering work needed to pursue Nederland Reservoir. Similarly, the Town’s Master Infrastructure Plan, developed at a cost of $40,000, also prioritizes development of Nederland Reservoir. H. Based on the work outlined above, the Town seeks a decree finding that it has exercised reasonable diligence in development of the Subject Conditional Water Right and continuing the Subject Conditional Water Right, and continuing the Town’s appropriation for an additional diligence period. 5. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: A. Applicant. B. Virginia H. Evans, Joseph M. Evans, Kayla Lee Evans, Tamara Evans, P.O. Box 100, Nederland, CO 80466-0100. C. Tamara Ann Evans Holmboe, Joseph Malcolm Evans, Kayla Lee Evans, 1250 Eldora Road, Nederland, CO 80466.

17CW3140 (05CW291, 98CW385, 93CW120, 80CW152). COLORADO DIVISION OF PARKS AND WILDLIFE AND THE PARKS AND WILDLIFE COMMISSION, Attn: Water Resources Section, 6060 Broadway, Denver, CO 80216, Email: ed.perkings@state.co.us, Telephone: 303-291-7466. c/o Heather A. Warren, Senior Assistant Attorney General; 1300 Broadway, 7th Floor, Denver, CO 80203. Telephone: 720-508-6761; Email: heather.warren@coag.gov and Nicholas Lopez, Assistant Attorney General; 1300 Broadway, 7th Floor, Denver, CO 80203. Telephone: 720-508-6429; Email: Nicholas.lopez@coag.gov. APPLICATION TO MAKE CONDITIONAL RIGHT ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE, in JEFFERSON AND DOUGLAS COUNTIES, COLORADO. 1. Name, mailing address, e-mail address, and telephone number of applicant: Colorado Division of Parks and Wildlife (“CPW”), Attn: Ed Perkins, Water Rights Administrator, 6060 Broadway, Denver, Colorado 80216, 303-291-7466. 2. Name of structure: Chatfield Fish Unit. 3. Description of project features: Chatfield Reservoir is a flood control structure located at the confluence of Plum Creek and the South Platte River. As part of the project, the United States Army Corps of Engineers reserved a site below the dam for construction of a fish hatchery to be managed and operated by the Colorado Division of Parks and Wildlife. The Chatfield Fish Unit is a multi-staged development. The first phase was the construction of the current planting base. The Fish Unit serves as a holding facility for fish hatched and reared at other CPW facilities. Fish held at this facility are stocked in the Denver Metro area and along the Front Range as well as in other waters in throughout the state. Later phases will expand the Fish Unit to include hatching and rearing fish. 4. Description of conditional water right to make absolute: A. Date of original decree: September 29, 1992, Case No. 80CW152, District Court, Water Division 1. B. Subsequent decrees awarding findings of diligence: Case No. 93CW120, entered on February 15, 1995, by the District Court in and for Water Division 1; Case No. 98CW385, entered on November 10, 1999, by the District Court in and for Water Division 1; Case No. 05CW291, entered on September 13, 2011, by the District Court in and for Water Division 1. C. Legal description: Chatfield Fish Unit diversion is located in the NW1/4 SE1/4 of Section

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1, Township 6 South, Range 69 West, 6th P.M., Jefferson County, at a point located 3102 feet from the East Section Line and 2971 from the South Section Line (Source: ArcGIS). The point of diversion and place of use are further described in Paragraph 6.D., below. D. Source: South Platte River and its tributaries at or above Chatfield Dam. E. Appropriation date: February 25, 1975. F. Use: Piscatorial, which includes raising and rearing fish, aquatic habitat, water treatment of the fish unit waters prior to discharge and recreational uses. The use of the water is on a continuous flow-through basis with the water returning to the South Platte River directly below the fish unit. G. Amount: 8.1 c.f.s. absolute. H. Remarks: Of the of 20 c.f.s. conditional water right confirmed by decree in Case No. 80CW152, 10 c.f.s. was made absolute in Case No. 93CW120; continuing diligence was granted for the remaining 10 c.f.s. conditional water right in Case Nos. 98CW385 and 05CW291; of the remaining 10 c.f.s. conditional water right, CPW currently seeks to make 8.1 c.f.s. absolute and to maintain diligence on 1.9 c.f.s. 5. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: A. Phase One of the Chatfield Fish Unit was completed and 10 c.f.s. of the original 20 c.f.s. conditional water right was made absolute in 1993. B. Presently, the Chatfield Fish Unit’s main function is to receive catchable trout from CPW’s fish hatcheries in order to allow those hatcheries to produce additional fish. During the past six years, the Fish Unit produced an average of approximately 88,000 fish annually. These fish have been stocked in waters in the Denver Metro area and along the Front Range. C. The Chatfield Fish Unit is one of three Colorado fish units that can accommodate and receive warm water species fish from out-of-state sources for holding and release in Colorado. The Fish Unit is also used for annual walleye spawning operations. D. During the present diligence period, CPW has continued to implement a policy which does not allow fish infected with whirling disease to be stocked in waters that are disease free. The Chatfield Fish Unit is necessary for the implementation of this policy. The Fish Unit has tested positive for whirling disease and therefore provides the needed holding facility for fish produced at whirling disease positive hatcheries, such as the Watson and Chalk Cliff hatcheries, allowing those facilities to produce the number of fish needed for stocking purposes. E. Development of the rearing and hatchery phases of the Chatfield Fish Unit is dependent on securing additional physical water supply for the hatchery. To accomplish this goal, CPW aquatic and water resource personnel have attended numerous meetings with representatives from the Division of Water Resources, the City and County of Denver, Centennial Water and Sanitation District, the United States Army Corps of Engineers and others to seek increased flow of water through the Chatfield outlet manifold. In addition, CPW has participated in the Chatfield Reallocation Project to firm additional storage space in Chatfield Reservoir, is a participant in the Reallocation Process, and has participated in numerous meetings with the Chatfield Reallocation Participants and the recently formed Chatfield Reservoir Mitigation Company for the purpose of firming up water supplies for the Fish Unit. CPW also participates in the Chatfield Reallocation Technical Advisory Group. The primary goal of CPW in this process is to ensure an increased and more consistent flow of water through the outlets without periods of dry-up to establish a permanent and consistent water supply for the Fish Unit to support current use as a holding facility for production of at least 100,000 fish annually and so that CPW can eventually expand the Fish Unit into a fully operational hatchery. F. During the previous and current diligence periods, CPW personnel has continued to review the monthly water court resume for applications that may affect the Chatfield Fish Unit water right and has opposed multiple applications for surface and storage water rights in Division 1 and specifically in Chatfield Reservoir and at the reservoir outlets. CPW also collaborated with the Division of Water Resources to improve the measuring structure at the Fish Unit and to install radio telemetry to obtain real time diversion data. G. CPW incurred the following expenses during the diligence period: (1) Annual salary for two full-time employees; (2) Annual salary for a seasonal employee; (3) $20,000.00 in 2014 for upgrades and remodeling of the main building to accommodate more personnel for walleye spawning; (4) $10,000.00 in 2017 for pipeline repairs; (5) $8,000 in 2014 for new windows at the main building; (6) $3,500.00 in 2014 for a new storage shed; (7) $3,500.00 in 2017 for gravel and rock for driveways and around the aeration tower; (8) $1,000.00 for railing inside and outside the aeration tower. H. CPW continuously monitors the water delivery system for structural

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integrity and performs monitoring and maintenance of erosion control structures and discharge outlets related to the water right. I. CPW continuously monitors the water conditions including ammonia and pH concentrations within the water delivery system discharge area. J. The hatchery ponds have three outlet structures within the dam that are made of red wood boards. These structures are each approximately 4 feet wide by 7 feet tall. The boards are 6 inches high when stacked in the outlets. Each year these boards are replaced as necessary. Additionally, the structures are continuously monitored for structural integrity. Hardware cloth is tacked onto the pond sides of each structure annually and mesh wire is installed on both sides of each structure to protect against beaver damage. K. Three pipeline sections are within the delivery system. These are monitored weekly and maintained to be free of debris in order to provide adequate water flows. L. During July, 2015, CPW diverted 18.1 c.f.s. of the Chatfield Fish Unit water right for piscatorial use, including raising and rearing fish, aquatic habitat, water treatment of the fish unit waters prior to discharge and recreational uses. Diversion records show that 18.1 c.f.s. was diverted for the claimed uses. A copy of the diversion records for 2015 is attached as Exhibit 1. 6. Claim to make conditional water right absolute: CPW requests that this Court determine and decree that 8.1 c.f.s. of the 10 c.f.s. remaining portion of the conditional water right for the Chatfield Fish Unit be made absolute. This is in addition to the 10 c.f.s. previously made absolute, for a total of 18.1 c.f.s. absolute for all uses listed herein. A. Date water applied to beneficial use: July 11-12, 2015. B. Amount: 18.1 c.f.s. C. Use: Piscatorial, which includes raising and rearing fish, aquatic habitat, water treatment of the Fish Unit waters prior to discharge and recreational uses. The use of the water is on a continuous flow-through basis with the water returning to the South Platte River directly below the Fish Unit. D. Description of place of use where water is applied to beneficial use: Chatfield Fish Unit is presently located in the NW1/4 of Section 6, Township 6 South, Range 68 West, 6th P.M., Douglas County. The outlet directing water to the Chatfield Fish Unit is described in UTM coordinates as follows: Northing = 4378605; Easting = 494595 (Datum is UTM Zone NAD - 83) (Source: ArcGIS). An aerial imagery map showing the location is attached to this Application as Exhibit 2. A USGS Topo Map showing these coordinates is attached to this Application as Exhibit 3. 7. Names of owners of land upon which structures are located: United States Army Corps of Engineers, 215 N. 17th Street, Omaha, NE 68102-4978. 8. Additional remarks: CPW will notify those persons and entities listed in Paragraph 7 above of its Application and certify to the Court that such notification has been made no later than 14 days after filing this Application. WHEREFORE, the Colorado Division of Parks and Wildlife respectfully requests that this Court find that 8.1 c.f.s. of the remaining 10 c.f.s conditional water right for the Chatfield Fish Unit has been put to beneficial use and enter a decree determining that said amount has been made absolute and determining that continuing diligence be maintained on the remaining 1.9 c.f.s. By entry of said decree, 18.1 c.f.s. of the Chatfield Fish Unit water right shall be confirmed absolute for all uses listed herein. 17CW3141 TELLER COUNTY WATER & SANITATION DISTRICT NO 1, P.O. Box 578, Woodland Park, Colorado 80866, 719-686-0225, c/o: the.bradys@q.com. Attorney for Applicant: Alperstein & Covell, P.C., Gilbert Y. Marchand, Jr., #19870, Of Counsel, 1600 Broadway, Suite 900, Denver, Colorado 80202, 303-444-4256, gym@gymlaw.com. APPLICATION FOR FINDING OF DILIGENCE AND TO MAKE AN ADDITIONAL AMOUNT ABSOLUTE IN TELLER COUNTY. 1. Name, mailing address, e-mail address, and telephone number of Applicant: Teller County Water & Sanitation District No. 1 (“District” or “Applicant”), c/o Kent Brady, Project Manager, P.O. Box 578, Woodland Park, Colorado 80866, District Office Phone: 719-686-0225, Home Phone: 719-686-0225, the.bradys@q.com. 2. Name of Structure: Well 11A (Permit Number: 62296-FR). 3. Description of conditional water right: 3.A. The water right for Well 11A was decreed in Case No. 97CW118, District Court, Water Division No. 1, on January 5, 2005 (“97CW118 Decree”). A decree finding diligence toward the completion of the appropriation was entered on September 19, 2011 in Case No. 11CW30, District Court, Water Division No. 1. 3.B. Legal description: The decreed location is in the NW1/4SW1/4 of Section 7, Township 12 South, Range 68 West of the 6th P.M., Teller County, Colorado, approximately 1359 feet from the south section line and approximately 28 feet from the west

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section line. The permitted location is 53 feet from the west section line, but is the same as the decreed location in all other respects. The location of the well is depicted on the map that was filed with the Court as Exhibit 1 of the application. 3.C. Source of water: ground water, tributary to Lovell Gulch, which is tributary to Trout Creek, which is tributary to Horse Creek, which is tributary to the South Platte River. 3.D. Appropriation date: March 19, 1997. 3.E. Amount: 8 gallons per minute (“GPM”), absolute; 27 GPM, conditional. 3.F. Use: municipal. 3.G. Depth: Approximately 600 feet. 3.H. Remarks: Well 11A is decreed and permitted as an alternate point of diversion for the District’s Well Nos. 2A (formerly known as Well No. 1), 10 (formerly known as Well No. 2), 3, 5, 8, and 9, which wells were the subject of decrees entered by this Court in Case Nos. W-1981 and 97CW118. When operated as an alternate point of diversion, the combined, instantaneous, maximum pumping rate of Well 11A and the other wells is 213 GPM (178 GPM being attributable to the District’s other water rights described above, and 35 GPM being attributable to the water right decreed for Well 11A). 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: During the diligence period from entry of the 97CW118 Decree through September 2017, the following has been done. As found in the 97CW118 Decree, the well was re-permitted in February 2005 and re-drilled in October 2005, and a decision was made in collaboration with the USFS to discontinue on-site water treatment and, instead, to construct a pipeline to carry the raw water pumped from the well approximately one mile to the District’s primary water treatment facility (the Piute Trail Treatment Facility). The project was then delayed to coincide with the District’s other distribution system upgrades which began during 2011. The District was obliged then to give priority to the repair of its failing water tank and to the replacement of five city blocks of old failing water mains before directional drilling of the raw water line for Well 11A to the Piute Trail Treatment Facility could be undertaken during 2015. This nearly five thousand-foot raw water line cost over $120,000. In addition, over $15,000 of costs were incurred to provide remote control of the pump and its automation integration with the District’s other wells at the Piute Trail Treatment Facility. The District’s wells, including Well 11A, are part of the City of Woodland Park’s augmentation plan decreed in Case No. 86CW376. The District has continuously operated and maintained some or all of its other wells which are alternate points of diversion for Well 11A and which can be diverted at Well 11A. The District has also continuously operated and maintained its water system, of which Well 11A is a part. 5. If claim to make absolute in whole or in part: 5.A. Date water applied to beneficial use, including amount and use: On the following dates, Well 11A was pumped at up to the following rates and the water was placed to its decreed municipal use: 13.1 GPM in February 2005; 11.2 GPM in March 2005; 12.5 GPM in April 2005; 12.9 GPM in June 2005; 11.9 GPM in July 2005; and 10.8 GPM in August 2005. See Applicant’s Well Use Report for November 2004 through October 2005 that was filed with the Court as Appendix 1 of the application. These rates are all in excess of the currently decreed absolute rate of 8 GPM, and such additional portions that were pumped in priority should be made absolute. 5.B. Description of place of use where water is or was applied to beneficial use: within the District’s service area, which is located in Sections 12 and 13, Township 12 South, Range 69 West, 6th P.M., Teller County, Colorado. The service area is depicted on the map that was filed with the Court as Exhibit 2 of the application. 6. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure, is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Not applicable. WHEREFORE, pursuant to C.R.S. Section 37-92-301(4), Applicant requests the Court to enter a decree making an additional amount - up to 13.1 GPM - of the water right for Well 11A absolute and finding that reasonable diligence has been shown toward the completion of any remaining conditional portion of the appropriation associated with the water right for Well 11A; continuing said water right in full force and effect; and granting such other relief as the court deems proper under the circumstances. 17CW3142 John And Laurie Wilkes Living Trust, James McGee and Marcia Kyral, Matthew and Patricia Flynn, David Sebesta, Brenda Paris, Michael and Tamara Tadlock, Vincent Nigro, Craig

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and Tina Bristowe, Derek and Heather Sams, Thomas Turner, Mitch McQueen and Sheryl Davis, Clayton and Patricia Devault, John Homa Jr. and Jacqueline Homa, William and Barbara Legg, Aaron Walgren, Clayton and Patricia Devault, William and Jean Utter, Michael and Julia Lindsey, Douglas Stroup, John and Beth Allis, Amy Lehn and Cari Rohan, Mark and Debra Oesterreich, J Jarret and Melissa Havercamp, John and Valorie Havercamp, Michael Adamson, Richard and Arlene Armstrong, Roger Bonham II and Samantha Bonham, Kenneth And Rosemary Shank, Dorothy Torza, Sidney Rains and Elizabeth Morris Rains, Diego Sarmiento Ortiz and Emily Sarmiento, Laura Scarbrough, Sandra and Ann Levin, Jack and Theresa Rooney, Mark and Alina Jencks, Scott and Nancy Mehring, Ponderosa Southern Baptist Conference Center, Rebecca Greer (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DAWSON AQUIFERS, DOUGLAS COUNTY. Subject Property: Applicants are the owners of approximately 44 lots in Bald Mountain Estates Subdivision as described on Attachment A, which are generally located in the E1/2SE1/4 of Section 36, T10S, R67W of the 6th P.M., as shown on Attachment A (Subject Property). The location of the lots satisfy the requirements of Local Rule 3(b)(1) as described in Attachment B. The Subject Property is comprised of a total of 49.51 acres and the legal description and acreage associated with each lot are more particularly described on Attachment A. Applicants will own a pro-rata interest in the total amount of groundwater requested herein underlying their respective lots. The wells which will withdraw the subject groundwater will be located at any location on the Subject Property. Applicants reserve the right to add additional lots located in Bald Mountain Estates Subdivision which are not described on Attachment A into this application, including the plan for augmentation requested herein, without having to amend or republish this application. The source of the groundwater to be withdrawn from the Denver, Arapahoe and Laramie-Fox Hills aquifers is nontributary groundwater as described in §37-90-103(10.5), C.R.S. and the Dawson aquifer is not nontributary groundwater as described in Section 37-90-103(10.7), C.R.S. Estimated Amounts: Dawson: 45.3 acre-feet, Denver: 45.7 acre-feet, Arapahoe: 24.1 acre-feet, Laramie-Fox Hills: 14.8 acre-feet. Proposed Use: domestic, including in house, commercial, irrigation, stockwatering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Groundwater to be augmented: Approximately 30.8 acre-feet per year of the Dawson aquifer groundwater requested herein, or the amount required to provide each lot described on Attachment A with a Dawson aquifer well which will withdraw 0.7 acre-feet per year as described below. Water rights to be used for augmentation: Return flows from the use of not nontributary Dawson aquifer groundwater herein and nontributary groundwater underlying the augmentation plan lots as requested herein. Statement of plan for augmentation: Applicants will use 0.7 acre-feet per year of the Dawson aquifer groundwater underlying the lots for in house use (0.35 acre-feet) and irrigation of up to 6000 square feet of lawn, garden, and trees (0.35 acre-feet), through new or existing wells. Applicants reserve the right to amend these amounts and values and to add additional lots in this plan without having to amend the application or re-publish the same. Sewage treatment for in house use will be provided by non-evaporative septic systems, and return flow from in house and irrigation use will be approximately 90% and 15% of those uses, respectively. During pumping Applicants will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c), C.R.S. Applicants estimate that depletions occur to the East Plum Creek stream system. Return flows from use of the water accrue to the South Platte River system via East Plum Creek and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an equal amount of nontributary groundwater to meet post pumping augmentation requirements. Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (11 pages). 17CW3143 (Division 2 case number 17CW3055) JAMES KREHBIEL AND TAMMY KREHBIEL, (Please direct all correspondence and inquires regarding this matter to Applicant’s attorney: Henry D. Worley, Worley Law Firm LLC, 611 North Weber, Suite 104, Colorado Springs, CO 80903, phone

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719.634.8330, email hank.worley@pcisys.net) Application for Adjudication of Denver Basin Ground Water and for Approval of Plan for Augmentation IN EL PASO COUNTY. The name, address, telephone number of applicants: James Krehbiel and Tammy Krehbiel, P.O. Box 2593, Monument, CO 80132, e-mail tammyLkrehbiel@gmail.com, phone no. 719.332.3797. I. APPLICATION FOR DENVER BASIN WATER RIGHTS. 1. Names of wells and permit, registration, or denial numbers: There are no wells on Applicants’ property. Applicants will construct one or two wells in the Denver aquifer and one well in each of the Arapahoe and Laramie-Fox Hills aquifers are contemplated, plus all necessary additional and/or replacement wells, to be located anywhere on Applicants’ 5.79 acre property. 2. Legal description of property: Applicants’ property consists of two contiguous lots located in the NW1/4 Section 15, T. 11 S., R. 67 W., 6th P.M. in El Paso County. The addresses of the two lots are: 1) 18302 Faulkner Street, the legal description of which is “Lot 2 Fontenelle Subdivision No. 2, except parcel by order and decree CV#66671, signed October 29, 1971,” and 2) an unassigned address on Peak View Boulevard, the legal description of which is “that part of Lot 2 Fontenelle Subdivision No. 2 by order and decree CV#66671, signed October 29, 1971" (the “Property”) A map showing its location is attached as Figure 1. The Property is located within Water Division 2. 3. Sources: not nontributary Denver aquifer; nontributary Arapahoe aquifer; nontributary Laramie-Fox Hills aquifer. 4. A. Date of appropriation: Not applicable. 4.B. How appropriation was initiated: Not applicable. 4.C. Date water applied to beneficial use: Not applicable. 5. Amount claimed: Denver aquifer - 15 g.p.m., 270 acre feet absolute; Arapahoe aquifer - 15 g.p.m., 408 acre feet, absolute; Laramie-Fox Hills aquifer - 50 g.p.m., 162 acre feet, absolute. The water court will be asked to retain jurisdiction over such decree to enter a final determination of the amount of water available for appropriation from each aquifer based on geophysical logs for wells on the property or nearby wells. 6. Decreed uses: All beneficial uses except municipal uses, and expressly including augmentation use. 7. Name and address of owner of land on which wells are/will be located: Same as Applicants. II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. 8. Name of structures to be augmented: one or two yet-to-be constructed Denver aquifer wells. 9. Previous decrees for water rights to be used for augmentation: None. 10. Historic use: Not applicable. 11. Statement of plan for augmentation: It is unclear whether El Paso County agrees that the Property consists of two lots. Applicants essentially seek approval of two alternative plans for augmentation herein, one of which will allow pumping of 0.9 acre foot annually for 300 years from one well in the Denver aquifer if the Property is treated as one lot, and another which will allow annual pumping of 1.35 acre feet for 200 years from two Denver aquifer wells if the Property is considered to be two lots. In the latter case, 0.85 acre foot annually would be allocated to a Denver aquifer well on the Faulkner Street property, and 0.5 acre foot annually would be allocated to a Denver aquifer well on the Peak View Boulevard property. If the Property is considered to be one lot, uses will include indoor residential and commercial uses (guest lodging) in one large residential structure and an existing 975 square foot guest cottage. The larger structure will serve as the Applicants’ residence and will include rooms for lodging. Uses for a one-lot scenario also include a hot tub and/or spa and landscape and garden irrigation. Under the two-lot scenario, the above uses will also exist, but one additional single family residence is contemplated, with accompanying hot tub and/or spa and landscape and garden irrigation. Though these are the anticipated uses, Applicants will be allowed to use the water for any beneficial use. Replacement of depletions during pumping. Indoor use for each of the two primary structures is expected to equal no less than 0.2 acre foot annually. Treatment of waste water from indoor uses will be achieved using nonevaporative individual septic tank and leach field system (“septic system”). Consumption of water so treated will not exceed 10 percent of uses, with 90 percent, or accruing to Monument Creek. With pumping limitations of 0.9 acre foot annually under the one-lot, one primary home and 1.35 acre foot annually under the two-lot, two residence home scenario, septic system return flows will always exceed depletions during the pumping period. Replacement of post-pumping depletions. Applicants propose to replace post-pumping depletions with a portion of the nontributary Arapahoe aquifer water decreed herein. Applicants will reserve 270 acre feet of the Arapahoe aquifer water for the replacement of post-pumping depletions. Applicants will also seek the right to replace such depletions with any other judicially acceptable source of augmentation water, upon judicial approval after

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appropriate notice. 12. Miscellaneous provisions. (1) There are no liens against the Applicants’ property. (2) This application is being filed in Water Divisions 1 and 2. After the period for filing statements of opposition has expired, Applicants will seek to consolidate the two cases in Division 2, where the Property is located. (3) Applicants reserve the right to make minor changes in the amounts claimed for appropriation and in the allowable amounts to be pumped annually under the augmentation plan, based on variations in the information currently available to Applicants and the information contained in the Determinations of Facts and the Consultation Report. 17CW3144 Varra Companies, Inc., Chris Varra, Peter Varra, Garrett Varra, 8120 Gage Street, Frederick, CO 80516, (303) 666-6657, through their attorneys: Petrock & Fendel, P.C., Matthew S. Poznanovic, Atty. Reg. #29990, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202, Telephone: (303) 534-0702. APPLICATION TO MAKE ABSOLUTE WATER RIGHTS, IN WELD COUNTY. 2. Decree Information: Originally decreed in Case No. 01CW274 on February 29, 2008. The decree in Case No. 14CW3026, entered on August 12, 2015, confirmed 1,903.2 acre-feet combined of the storage water rights for the Reservoirs described below had been made absolute for all decreed uses at the absolute flow rates described below and found diligence on the remaining conditional water rights. 3. Name of Structures/Conditional Water Rights: 3.1 VCI Godding Ditch Diversion from Idaho Creek 3.2 VCI Rural Ditch Diversion from Boulder Creek 3.3 VCI Rural Ditch Diversion from Idaho Creek 3.4 VCI Godding Hollow Diversion 3.5 VCI Last Chance Ditch Diversion 3.6 112 Reservoir 3.7 Dakolios Reservoirs 3.8 Von Ohlen Reservoir 3.9 Kurtz Reservoirs 4. Description of Conditional Water Rights from decree in Case No. 01CW274: 4.1 Appropriation Date: For VCI Godding Hollow Diversion - September 8, 2000. For all other appropriations - August 10, 2001. 4.2 Source: All reservoirs and direct diversions: Boulder Creek, Boulder Creek via Idaho Creek, and Godding Hollow. Alternate source for the Dakolios, Von Ohlen, and Kurtz Reservoirs: St. Vrain Creek. Water tributary to the reservoirs will be used directly or retained in the reservoirs when the water rights are in-priority or by exchange for releases from any or all of the reservoirs or any or all of the direct flow sources. 4.3 Amounts: 4.3.1 Filling Rates for Storage: 4.3.1.1 VCI Godding Ditch Diversion from Idaho Creek – The original decreed filling rate is 90 cfs conditional for storage. 4.3.1.2 VCI Rural Ditch Diversion from Boulder Creek - The original decreed filling rate was 90 cfs conditional for storage, of which 80.56 cfs remains conditional. 9.44 cfs was made absolute by decree in Case No. 14CW3026. 4.3.1.3 VCI Rural Ditch Diversion from Idaho Creek - The original decreed filling rate was 90 cfs conditional for storage, of which 64.81 cfs remains conditional. 25.19 cfs was made absolute by decree in Case No. 14CW3026. 4.3.1.4 VCI Godding Hollow Diversion - The original decreed filling rate was 10 cfs conditional for storage, of which 0.41 cfs remains conditional. 9.59 cfs was made absolute by decree in Case No. 14CW3026. 4.3.1.5 VCI Last Chance Ditch Diversion - The original decreed filling rate was 100 cfs conditional for storage, of which 97.22 cfs remains conditional. 2.78 cfs was made absolute by decree in Case No. 14CW3026. 4.3.1.6 Water tributary to properties – The original decreed filling rate was 190 cfs conditional. The 190 cfs was made absolute by decree in Case No. 14CW3026. 4.3.2 Storage Volumes: The original decreed amount was a total of 7,500 acre-feet conditional for storage in any of the following: 4.3.2.1 112 Reservoir 4.3.2.2 Dakolios Reservoirs 4.3.2.3 Von Ohlen Reservoir 4.3.2.4 Kurtz Reservoirs The four reservoirs identified in paragraphs 4.3.2.1 through 4.3.2.4 (‘the Reservoirs”) may each include more than one storage structure at each reservoir site. The total storage in the Reservoirs pursuant to the decree in Case No. 01CW274 shall not exceed 7,500 acre-feet. Of the original total decreed amount, 5,596.8 acre-feet remains conditional, and 1,903.2 acre-feet was made absolute in Case No. 14CW3026. The maximum capacity for each reservoir is as follows:

Reservoir

Active Capacity, a-f

Dead Storage, a-f

112

1,552

0

Dakolios

1,104

0

15

Von Ohlen 1,300 0 Kurtz

4,000

0

4.3.3 Refill Storage Volume: One refill in the total amount of 3,000 acre feet for storage in the Reservoirs, conditional (a total of 3,000 acre feet to be stored in one or more of the Reservoirs specified above). No portion of the conditional refill right is requested to be made absolute. 4.3.4 Direct Flow Water Rights: A total not to exceed 11 cfs, conditional, at any one or more of the points of diversion specified in paragraphs 4.3.1.1 through 4.3.1.5 above. No portion of the direct flow water rights are requested to be made absolute. 4.4 Legal Descriptions of the points of diversion and locations of dams for Structures: 4.4.1 VCI Godding Ditch Diversion from Idaho Creek is in the southwest quarter, Section 21, T2N, R68W, 6th PM, approximately 900 feet east of the west section line of said Section 21, and 2400 feet north of the south section line of said Section 21. 4.4.2 VCI Rural Ditch Diversion from Boulder Creek is in the northeast quarter of Section 20, T. 2 N., R. 68 W, 6th P.M., Weld County, Colorado, at a point that is located approximately 1,400 feet west of the east section line of said Section 20 and approximately 2,275 feet south of the north section line of said Section 20. 4.4.3 VCI Rural Ditch Diversion from Idaho Creek is in the southeast quarter of Section 16, T. 2 N., R. 68 W, 6th P.M. at a point that is located approximately 420 feet west of the east section line of said Section 16 and approximately 1,300 feet north of the south section line of said Section 16. 4.4.4 VCI Godding Hollow Diversion from Godding Hollow is in the southwest quarter of the northwest quarter of Section 1, T. 2 N., R. 68 W, 6th P.M. at the intersection of the Rural Ditch and Godding Hollow and is located at a point approximately 500 feet east of the west section line of said Section 1 and approximately 2,500 feet south of the north section line of said Section 1. 4.4.5 VCI Last Chance Ditch Diversion from St. Vrain Creek is in the southeast quarter of the northwest quarter of Section 3, T. 2 N., R. 68 W, 6th P.M. approximately 1,900 feet south of the north section line of said Section 3 and approximately 2,000 east of the west line of said Section 3. 4.4.6. The 112 Reservoir is in the south half of Section 2, T. 2 N., R. 68 W, 6th P.M., Weld County, Colorado. The center of the reservoir is decreed to be located approximately 2,600 feet west of the east section line of said Section 2 and approximately 1,300 feet north of the south section line of said Section 2. 4.4.7 The Dakolios Reservoirs are in the southwest quarter of Section 31, T. 3 N., R. 67 W, 6th P.M., Weld County, Colorado. The center of the reservoirs is decreed to be located approximately 1,230 east of the west section line of said Section 31 and approximately 1,400 feet north of the south section line of said Section 31. 4.4.8 Von Ohlen Reservoir is in the southeast quarter of Section 31, T. 3 N., R. 67 W, 6th P.M., Weld County, Colorado. The center of the reservoir is decreed to be located approximately 1,800 feet west of the east section line of said Section 31 and approximately 1,400 feet north of the south section line of said Section 31. 4.4.9 The Kurtz Reservoirs will be in the west half of Section 28, T. 3 N., R. 67 W, 6th P.M., Weld County, Colorado. The center of the reservoirs is decreed to be located approximately 2,000 feet south of the north section line of said Section 28 and approximately 1,300 feet east of the west section line of said Section 28. 4.5 Ditch or ditches used to fill reservoirs: All reservoirs: Rural Ditch. Alternate ditches for the Dakolios, Von Ohlen, and Kurtz Reservoirs: Last Chance Ditch and Godding Ditch. The attached Map 1 depicts these diversion systems. Water tributary to the Reservoirs will also be used to fill the reservoirs. 4.6 Uses and Places of Use: 4.6.1 Mining Uses: Water stored in the Reservoirs or diverted or used directly at the points of diversion identified in paragraphs 4.3.1.1 through 4.3.1.5 may be used at the mining sites adjacent to the Reservoirs, the Del Camino property and other mining sites owned or leased by Varra as identified on the lands described in the attached Exhibit A and shown on the attached maps 1, 2 and 3. Mining uses include all uses incident to mining including that water necessary to process gravel and rock products, the replacement of evaporation from not more than 533 acres of exposed groundwater and incidental domestic use for sanitary purposes at the mining sites identified in Exhibit A and as shown on the attached maps 1, 2 and 3. Water may be used directly, after release from storage, by exchange or by augmentation of and replacement of depletions from the claimed uses identified in this paragraph 4.6.1 as long as the use is on the lands described in Exhibit A and as shown on maps 1, 2 and 3 and, with respect to replacement of evaporation, is limited to replacement of evaporation from not more than 533 acres of

16

exposed groundwater. The lands described in the attached Exhibit A are all located in Weld County and generally described as follows: in the NE1/4 of Section 1, the W1/2 of Section 2, and in the NW1/4 NW 1/4 of Section 10, T. 2 N, R. 68 W, 6th P.M.; in Section 31, and in the E1/2 of the E1/2 of Section 32, T. 3 N, R. 67 W, 6th P.M.; in the NW1/4 and the N1/2 of the SW1/4 of Section 28, T. 3 N, R. 67 W, 6th P.M.; in the E1/2 of the NE1/4 and the NW1/4 of the NE1/4 of Section 29, T. 3 N, R. 67 W, 6th P.M.; in the SW1/4 of the SE1/4 and the SE1/4 of the SW1/4 of Section 3, the N1/2 of Section 10, and Section 9, all in T. 5 N, R. 65 W, 6th P.M.; in the SW1/4 SE1/4 and in the SE1/4 SW1/4 of Section 4, T. 5 N, R. 65 W of the 6th P.M.; and in Section 5, Section 7, Section 8, Section 17, Section 20, Section 21, Section 22, Section 23, all within T. 11 N, R. 67 W of the 6th P.M. 4.6.2 Out-of-Reservoir Uses Following Mining: Following the completion of mining at each of the Reservoirs, the stored water may be used for industrial use, commercial use, domestic use, irrigation use and stock watering use on the lands adjacent to the Reservoirs and at the Del Camino property as those lands are identified in Exhibit B and as shown on map 4. Following the completion of mining at each of the Reservoirs, water may continue to be used for mining uses at the sites identified in Exhibit A subject to the limitations set forth in paragraph 4.6.1 above, including a limitation on the replacement of evaporation to replacement of evaporation from not more than 533 acres of exposed groundwater. The stored water may be used directly, after release from storage, by exchange or by augmentation of and replacement of depletions from the claimed Out-of-Reservoir Uses Following Mining identified in this paragraph 4.6.2 as long as the use is on the lands described in Exhibit B and as shown on map 4, which are all located in Weld County and generally described as follows: in the W1/2 of Section 2, T. 2 N, R. 68 W, 6th P.M.; in Section 31, T. 3 N, R. 67 W, 6th P.M.; in the NW1/4 and the N1/2 of the SW1/4 of Section 28, T. 3 N, R. 67 W, 6th P.M.; in the E1/2 of the NE1/4 and the NW1/4 of the NE1/4 of Section 29, T. 3 N, R. 67 W, 6th P.M.. 4.6.3 In Reservoir Uses Following Mining: Following the completion of mining at each of the Reservoirs, the water may be used in the Reservoirs for piscatorial, fishing, fish culture, wildlife, aesthetic and recreational uses. APPLICATION TO MAKE ABSOLUTE 5. Applicants request an additional 1,670.8 acre-feet of the conditional water rights for the Reservoirs be made absolute for all decreed uses. The 1,670.8 acre-feet was diverted in priority and delivered into storage in one or more of the lined reservoirs pursuant to the conditional water rights on at least the following dates in the following delivered amounts from Boulder Creek, Boulder Creek via Idaho Creek, Godding Hollow, and St. Vrain Creek (“Creek”) and water tributary to the reservoirs (“Tributary”): Dates Creek Tributary October 2013 through March 2014 212.5 acre-feet 128.9 acre-feet April, May and June 2014 471.0 acre-feet 84.8 acre-feet July 2014 through October 2014 zero 69.3 acre-feet November 2014 through March 2015 232.7 acre-feet 37.8 acre-feet April and May 2015 292.2 acre-feet 141.6 acre-feet Applicants claim the in-priority diversion, capture, possession, control, and storage of this water provides a basis to make an additional 1,670.8 acre-feet of the conditional storage water rights absolute for all decreed uses pursuant to CRS § 37-92-301(4)(d) and (e). Pursuant to the Case No. 14CW3026 decree, an application for finding of reasonable diligence for the remaining conditional water rights shall be filed on or before August 31, 2021. The maximum in priority filling rates for storage that Applicants request be made absolute are as follows: VCI Rural Ditch Diversion from Boulder Creek – an additional 32.76 cfs in April, 2015. VCI Last Chance Ditch Diversion – an additional 4.25 cfs in May, 2016. 6. There are no modifications to existing diversion structures. Owners of land upon which storage structures for the water rights are or will be located: 6.1 112 Reservoir: Chris Varra, Peter Varra, Garrett Varra, 8120 Gage Street, Frederick, CO 80516 (303) 666-6657. 6.2 Dakolios East and West Reservoirs and Kurtz Reservoirs:Varra Companies, Inc., 8120 Gage Street, Frederick, CO 80516, (303) 666-6657. 6.3 Von Ohlen Reservoir: Pasquale Varra, 8120 Gage Street, Frederick, CO 80516. (303) 666-6657. WHEREFORE, Applicants pray that this Court enter a decree finding that Applicants have made an additional 1,670.8 acre-feet of the conditional water rights for the Reservoirs, including diversions at the

17

rates described in paragraph 5 above absolute for all decreed uses, and for such other and further relief as this Court deems just and proper in the premises. (31 pages, including attachments). 17CW3145 Andrew B. McWilliams and Heather A. McWilliams, 33000 Stagecoach Boulevard, Evergreen, Colorado 80439, North Fork Associates, LLC, 2686 South Yukon Court, Lakewood, Colorado 80227 and Mountain Mutual Reservoir Company, 6949 Highway 73, Suite 15, Evergreen, Colorado 80439. (c/o David C. Lindholm, Esq., P. O. Box 18903, Boulder, Colorado 80308-1903). APPLICATION FOR UNDERGROUND WATER RIGHT, APPROVAL OF A PLAN FOR AUGMENTATION AND PLAN OF SUBSTITUTION. IN JEFFERSON COUNTY. APPLICATION FOR UNDERGROUND WATER RIGHT: 1. Name of Well and Permit, Registration or Denial Number: McWilliams Well No. 1, (Permit No. 100905). 2. Legal Description of the Well: McWilliams Well No. 1 is located in the NW 1/4 NE 1/4 of Section 6, Township 5 South, Range 71 West, 6th P.M., Jefferson County, at a point approximately 550 feet from the North Section line and 1,520 feet from the East Section line of said Section 6. 3.A. Source of Water: Ground water that is tributary to an unnamed tributary of Bear Creek. 3.B. Depth of Well: 440 feet. 4.A. Date of Appropriation: June 5, 1978. 4.B. How Appropriation was Initiated: Submittal of a well permit application to the Colorado Division of Water Resources, followed by the issuance of a well permit by the State Engineer and completion of the well. 4.C. Date Water Applied to Beneficial Use: February 14, 1979. 5. Amount Claimed: 3.0 gallons per minute, Absolute. 6. Uses: Ordinary household purposes inside a single family dwelling and fire protection purposes. 7. Names and Address of Owners of Land on which the Well is Located: Andrew B. McWilliams and Heather A. McWilliams, as described above.. 8. Remarks: The Permit for the McWilliams Well No. 1 was issued pursuant to C.R.S. §37-92-602. Copies of the Permit and the Well Completion and Pump Installation Reports are attached as Exhibits “B” and "C." It has been determined that the legal description set forth in the Well Permit is not correct. Upon approval of the plan for augmentation being requested, a new well permit application for the Well will be submitted to the State Engineer, along with a request that Permit No. 100905 be canceled. APPLICATION FOR APPROVAL OF A PLAN FOR AUGMENTATION AND PLAN OF SUBSTITUTION: 1. Name of Structure to be Augmented: McWilliams Well No. 1. The rate of diversion for the Well will not exceed 15 gallons per minute. 2. Water Rights to be Used for Augmentation Purposes. a. Andrew B. McWilliams and Heather A. McWilliams (“McWilliams”), have entered into a contract with North Fork Associates, LLC to purchase 3 shares of the capital stock of the Mountain Mutual Reservoir Company, ("MMRC"). The 3 shares represent the right to receive 0.093 of an acre foot of augmentation water per year from the water rights and storage facilities MMRC holds for the benefit of its shareholders, as more particularly described below. b. The water rights which MMRC owns for the benefit of its shareholders (hereinafter referred to as the "Bear Creek/Turkey Creek water rights"), are summarized as follows: i. Harriman Ditch. 7.71 shares of the 400 shares of capital stock (1.93%), issued and outstanding in the Harriman Ditch Company. Said Company owns direct flow water rights decreed to the Harriman Ditch. Pursuant to the Decree entered in Civil Action No. 6832, on February 4, 1884, the Ditch was awarded the following direct flow priorities:

Appropriation Date

Priority Number Source Amount MMRC Entitlement

April 15, 1868 21 Turkey Creek 10.75 cfs 0.2072 cfs March 16, 1869 23 Bear Creek 7.94 cfs 0.1530 cfs

May 1, 1871 25 Bear Creek 25.54 cfs 0.4923 cfs March 1, 1882 30 Bear Creek 12.87 cfs 0.2481 cfs

The Bear Creek headgate of the Harriman Ditch is located on the South bank of Bear Creek in the NE 1/4 NE 1/4, Section 2, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Turkey Creek headgate of the Harriman Ditch is located on the South bank of Turkey Creek near the Southwest corner

18

of Section 6, Township 5 South, Range 69 West, 6th P.M., Jefferson County. The Ditch was originally decreed for irrigation, livestock watering, domestic and municipal purposes. ii. Warrior Ditch. 2.0 shares of the 160 shares of capital stock (1.25%), issued and outstanding in the Warrior Ditch Company. Said Company owns direct flow water rights decreed to the Warrior Ditch. Pursuant to the Decree entered in Civil Action No. 6832 on February 4, 1884, the Ditch was awarded the following direct flow priorities:

Appropriation Date

Priority Number Source Amount MMRC Entitlement

Dec. 1, 1861 4 Bear Creek 12.33 cfs 0.1541 cfs April 16, 1862 8 Turkey Creek 2.86 cfs 0.0358 cfs Oct. 31, 1864 14 Bear Creek 25.47 cfs 0.3184 cfs April 1, 1865 16 Bear Creek 11.49 cfs 0.1436 cfs

The headgates of the Warrior Ditch are the same as those of the Harriman Ditch, described above. The Ditch was originally decreed for irrigation purposes. iii. Soda Lakes Reservoir Nos. 1 and 2. 8.71 shares of the 400 shares of capital stock (2.18%), issued and outstanding in the Soda Lakes Reservoir and Mineral Water Company. Said Company owns storage water rights decreed to the Soda Lakes Reservoir Nos. 1 and 2. Pursuant to the Decree entered in Civil Action No. 91471 on September 24, 1935, the Soda Lake Reservoir Nos. 1 and 2 were adjudicated for 1,794 acre feet for irrigation purposes, and 598 acre feet for storage for supplying the City of Denver with water for municipal purposes, including the watering of lawns and gardens. The date of appropriation awarded the structures was February 11, 1893. The Soda Lakes Reservoirs are located in Section 1, Township 5 South, Range 70 West, 6th P.M., Jefferson County. The Reservoirs are filled through the Harriman Ditch. iv. Meadowview Reservoir. The structure is located in the NE 1/4 SW 1/4 and the NW 1/4 SE 1/4 of Section 26, Township 5 South, Range 71 West, 6th P.M., Jefferson County. The structure is located in the NE 1/4 SW 1/4 and the NW 1/4 SE 1/4 of Section 26, Township 5 South, Range 71 West, 6th P.M., Jefferson County. Meadowview Reservoir was awarded absolute water rights in Case No. 2009CW92 (2001CW294), in an amount of 20 acre feet, and in Case No. 2016CW3022 (94CW290), in an amount of 30 acre feet, for augmentation, replacement, exchange and substitution purposes. The source is North Turkey Creek and water tributary to North Turkey Creek. Harriman Ditch and Warrior Ditch direct flow water and water available to MMRC in the Soda Lakes Reservoirs are also stored in Meadowview Reservoir by exchange pursuant to the appropriative rights of substitution and exchange decreed in Case Nos. 94CW290, 2000CW060 and 2001CW293. c. The overall "firm" yield of consumptive use water available from the MMRC portfolio of Bear Creek/Turkey Creek water rights and storage facilities was quantified in the Decrees entered by the District Court for Water Division 1 in Case No. 2001CW293, dated July 16, 2003, and Case No. 94CW290, dated October 16, 2006. The terms and conditions under which the Bear Creek/Turkey Creek water rights are used for augmentation and replacement purposes are set forth in the Decrees in Case Nos. 2001CW293 and 94CW290, and are deemed to be res judicata in future proceedings involving such rights, pursuant to Williams v. Midway Ranches, 938 P.2d 515 (Colo. 1997). Reference is made to the Decrees in Case Nos. 2001CW293 and 94CW290 for more detailed information. 3. Statement of Plan for Augmentation, Covering all Applicable Matters under C.R.S. §37-92-103(9), §302(1)(2) and §305(8): a. The McWilliams are the owners of a 10.4 acre parcel of property located in the SW 1/4 SE 1/4 of Section 31, Township 4 South, and NW 1/4 NE 1/4 of Section 6, Township 5 South, all in Range 71 West, 6th P.M., Jefferson County. One single family residence currently exists on the property. The water supply for the residence is obtained from the McWilliams Well No. 1. Wastewater from all in-building uses of water is treated utilizing a non-evaporative septic system with a soil absorption leach field. Return flows are to an unnamed tributary of Bear Creek. The property is depicted on the attached Exhibit "A." b. The permit for the McWilliams Well No. 1 limits the use of water from the well to in-house purposes within a single-family residence. The McWilliams desire to expand the use of water from the well to include irrigation and the watering of horses. c. Based on prior engineering studies, it is

19

assumed that the maximum average occupancy of the single family residence will be 3.5 persons, and that the per capita daily water usage will not exceed 80 gallons as an annual average. The augmentation plan will also cover the irrigation of 1,000 square feet of lawn grass, or equivalent gardens and the watering of three horses or equivalent domestic animals. Gross irrigation requirements for lawn grass are no more than 1.25 acre-feet of water per irrigated acre at this location. Gross irrigation requirements for gardens are no more than 0.5 of an acre foot of water per irrigated acre. The water requirement for each horse, or equivalent domestic animal, is assumed to be 10 gallons per day. The total volume of water required is projected to be approximately 0.4 of an acre foot per year. d. Depletions associated with water that is used inside the single-family residence will be based on a ten percent (10%) consumption factor. Consumption of lawn grass at this location is 1.0 acre-foot per acre. Consumption of gardens is 0.4 of an acre foot per acre. All water supplied to horses or equivalent domestic animals is assumed to be consumed. Maximum stream depletions are not anticipated to exceed 0.093 of an acre foot per year, or a maximum of 0.08 of a gallon per minute. e. The required volume of augmentation water will be provided from the sources described in Paragraph No. 2, above. Due to the small volume of annual stream depletions projected to occur under this plan, instantaneous stream depletions may be aggregated and replaced by one or more releases from storage of short duration. f. Whenever possible, depletions to the stream system which occur during the period April through October, inclusive, will be continuously augmented by MMRC forgoing the diversion of a portion of its Warrior Ditch and/or Harriman Ditch direct flow water rights. During times when MMRC's direct flow water rights are not in priority and during the months of November through March, inclusive, depletions will primarily be augmented by periodically releasing water from the Soda Lakes Reservoirs. Water may also be released from Meadowview Reservoir. g. Since the point of depletion associated with water use under this augmentation plan is on a side tributary of Bear Creek and upstream of the Harriman Ditch headgate, McWilliams assert an appropriative right of substitute supply pursuant to C.R.S. §37-80-120 and §37-92-302(1)(a), (referred to herein as the "McWilliams Plan of Substitution"). The purpose of the McWilliams Plan of Substitution is to provide the McWilliams and their successors with a 2017 priority date for water administration purposes in the Bear Creek basin between the following locations, (referred to herein as the "McWilliams Substitution Reach"). The downstream location is the confluence of Bear Creek and Turkey Creek at Bear Creek Lake in Section 5, Township 5 South, Range 69 West, 6th P.M., Jefferson County. The McWilliams Substitution Reach extends up Bear Creek to its confluence with an unnamed tributary of Bear Creek located in the NW 1/4 SE 1/4 of Section 5, Township 5 South, Range 71 West, 6th P.M.; and thence up the unnamed tributary to the point where depletions from the McWilliams Well No. 1 impact the unnamed tributary in the SE 1/4 SE 1/4 of Section 31, Township 4 South, Range 71 West, 6th P.M. The McWilliams plan of substitution will operate to replace depletions to the flow of water in the unnamed tributary of Bear Creek, Bear Creek and the South Platte River as the depletions occur; and will be administered with a priority date of September 29, 2017, at a maximum flow rate of 0.001 of a cubic foot per second. 4. Name(s) and Address(es) of Owners or Reputed Owner(s) of the Land upon which any new Diversion or Storage Structure, or Modification to any Existing Diversion or Storage Structure is or will be Constructed or upon which Water is or will be Stored, Including any Modification to the Existing Storage Pool: Not Applicable. WHEREFORE, Applicants request the entry of a decree approving this Application, specifically determining that the source and location of delivery of augmentation water are sufficient to eliminate material injury to vested water rights. McWilliams also request a determination that the McWilliams Well No. 1 can be operated without curtailment so long as out-of-priority stream depletions are replaced as proposed herein. McWilliams further request the entry of an Order directing the State Engineer to issue a permit for the Well. (7 pages and three exhibits). AMENDMENTS 17CW3080 Lower Poudre Augmentation Company, New Cache La Poudre Irrigating Company and the Cache La Poudre Reservoir Company, 33040 Railroad Avenue, P.O. Box 104, Lucerne, CO 80646, (970) 352-0222. Please direct all future pleadings and correspondence to Daniel K. Brown and

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Donald E. Frick, Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Road, Fort Collins, CO 80525, (970)407-9000. FIRST AMENDED APPLICATION TO AMEND MEMBER WELLS AND TO DELETE A MEMBER WELL IN CONSOLIDATED CASES 2004CW25/2006CW295 IN LARIMER AND WELD COUNTIES. Note: this First Amended Application corrects the information on the well intended to be removed from the plan for augmentation. 1. Augmentation Plan: Applicant operates a plan for augmentation (“LPAC Plan”) decreed in Consolidated Case Nos. 2004CW25/2006CW295, Water Division No. 1, entered in this case on January 21, 2014 (“LPAC Decree”). Paragraph 24.1.1 of the LPAC Decree allows for the addition of Member Wells and paragraph 24.1.2 of the LPAC Decree allows for the deletion of Member Wells subject to certain terms and conditions. 2. Wells to be added to the LPAC Decree: The structures that are augmented in the LPAC Plan are listed on Exhibit C to the LPAC Decree. The following wells to be added were previously part of the LPAC Plan (see Exhibit D to the LPAC Decree) and Applicants propose to add these wells (“new wells”) back into the LPAC Decree as structures to be augmented.

LPAC No.

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

W172 JACK LARSON (VANNOY)

06N 64W 36 NE NW W-6150 11273 13940 2738 62251 0.2

W173 JACK LARSON (VANNOY)

06N 64W 36 NE NW W-6150 11274 13864 2835 59522 0.2

W174 JACK LARSON (VANNOY)

06N 64W 36 NE NW W-6150 11275 13849 2935 59181 0.2

W130 LARRY LANG 06N 65W 10 SWNW SW W-0675 6180 15844 15844 187437 0.2

The new wells will be operated and used, and all out-of-priority depletions replaced, including past depletions, in accordance with the terms and conditions of the LPAC Decree. No decreed priorities are sought, nor are any changes of water rights decreed for the wells sought by this application. 4. Well to be removed from the LPAC Decree: Applicants propose to delete the following well from Exhibit C of the LPAC Decree as a structure to be augmented.

LPAC No. Owner Twn Range Section 1/4/

1/4 1/4 Case

No. Permit.

W022 BLUE GRAMA (UHRICH) 6 N 65 W 27 NE NE W1586 8616R-R

Applicants shall continue to replace the out-of-priority depletions associated with the use of this well while it was operated under the LPAC Plan until the well is deleted from the LPAC Decree by the Court. 5. Names and Addresses of Owners of the Structures: a. Well Nos. 11273, 11274 and 11275 (LPAC Well Nos. W172, W173 and W174) are owned by Larson Farms, LLC, 29470 Weld County Road 66, Gill, Colorado 80624. b. Well No. 8616R-R (LPAC Well No. W022) is owned by Platte River Midstream, Inc., 1600 Broadway, Suite 2400, Denver, Colorado 80202-4921. C. Well No. 2-6180-R (LPAC Well No. W130) is owned by Larry Lang, 8054 Moore Street, Arvada, CO 80005. 3 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 NOVEMBER 2017 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be

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filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.