district court, water division 1, colorado september 2015 … · september 2015 water resume...

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DISTRICT COURT, WATER DIVISION 1, COLORADO SEPTEMBER 2015 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 2015 for each County affected. 15CW23 FOUR X RANCH, INC. 22915 CR 23, Ft. Morgan, CO 80701. 970-867-5158. APPLICATION FOR ABSOLUTE WATER RIGHT IN MORGAN COUNTY. Four X Ranch Pond location of dam centerline NW1/4, SW1/4, S11, T4N, R57W of the 6 th PM at a distance 2602 ft. from S and 470 ft. from W. UTM coordinates Easting 607543.07m, Northing 4464747.97. Point of diversion SE1/4, NE1/4, S10, T4N, R57W of the 6 th PM at a distance 2658 ft. from N and 862 ft. from E. UTM coordinates Northing 4464785, Easting 607132m. Date of appropriation: 7-1-78. How appropriation was initiated: Pond was built and diversion pipe laid. Date water applied to beneficial use: 7-1-78. Amount 14 af, Absolute. Rate of diversion: Absolute 6.3 cfs. Uses: Irrigation as described in CA8492 pg. 1697. The Litch Seepage Ditch WDID 0100692. Number of acres historically irrigated; 130. Proposed to be irrigated: 130. Surface area of high water line: 3.1 acres. 15CW24 MARY WELTY, 11875 County Line Rd., Elbert, CO 80106. 719-220-0026. APPLICATION FOR CHANGE OF WATER RIGHT IN EL PASO COUNTY. Date of original decree: 7-3-72 case W6922, WD1. Spring #2 located SW1/4, NW1/4, S6, T11S, R64W of the 6 th PM at a distance 2340 ft. from N and 630 ft. from W. Source: Spring. Appropriation date: 12-31-16. Decree amount; .022 cfs. Decreed use; livestock. Change is to add domestic use. 15CW3107 VERIFIED COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF. Plaintiff: Sorin Natural Resource Partners, LLC, a Colorado limited liability company, 1530 16 th St., Ste. 300, Denver, CO 80202. V. Defendants: Godfrey Ditch Company, a Colorado corporation, Glenn Werning, as President of the Godfrey Ditch Company, 23822 WCR 33 1/4, LaSalle, CO 80645, Kathy Werning, as Secretary-Treasurer of the Godfrey Ditch Company and Charles “Chuck” Sylvester, as Vice President of the Godfrey Ditch Company. 15CW3108 Reed Hollow Ranch, LPA, 441 Russellville Road, Franktown, CO 80116 (Frederick A. Fendel, III, Petrock & Fendel, P.C., 700 17 th Street, Suite 1800, Denver, CO 80202, 303-534-0702) APPLICATION TO AMEND PLAN FOR AUGMENTATION, IN DOUGLAS COUNTY. 2. Introduction: An augmentation plan authorizing out-of-priority irrigation of the Reed Hollow Ranch was approved in Case No. 06CW72 (the “original plan”). The source of augmentation water is nontributary ground water underlying the ranch. This application seeks to add an additional source of augmentation water, nontributary ground water leased from a neighbor. The augmented structures and uses will not change. 3. Structures to be augmented: the augmented structures are those identified in the original plan: 3.1 FRN Well #5 (permit no. 68445-FR) and FRN Well #5 Supplemental Well (permit no. 68446-F). FRN Well #5 was decreed on August 25, 1975, in Case No. W-5422, District Court, Water Division 1; amount 1.34 cfs; use irrigation; priority date June 3, 1966. FRN Well #5 supplemental well (Permit No. 68446-F) is presently an undecreed, although permitted, supplemental point of diversion. Until a water right is decreed in an appropriate case, it shall be considered junior to any decreed water right, and in priority only in times of free river. 3.1.1 Locations: FRN Well #5: NW1/4SW1/4 of Section 12, T8S, R66W of the 6th P.M., approximately 2641 feet from the south and 561 feet from the west section lines. FRN Well #5 supplemental well is located in the NE1/4SE1/4 of Section 11, T8S, R66W of the 6th P.M., approximately 1800 feet from the south and 150 feet from the east section lines. 3.1.2 Source: groundwater tributary to Russellville Gulch, a tributary of Cherry Creek. 3.2 FRN Pond No. 1 (permit no. 67590-F), decreed August 25, 1975, Case No. W-5422, District Court, Water Division 1; amount 8.6 acre-feet; use irrigation; priority date April 4, 1971. 3.2.1 Location: SW1/4SW1/4 of Section 12, T8S, R66W of the 6th P.M., whence the southwest corner of said Section 12, bears S 20° W, approximately 1250 feet. 3.2.2 Source: water tributary to Russellville Gulch, a tributary of Cherry Creek. 3.2.3 Surface area: approximately 2.64 acres. 3.3 Von Osten Ditch, decreed December 2, 1912, District Court,

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Page 1: DISTRICT COURT, WATER DIVISION 1, COLORADO SEPTEMBER 2015 … · SEPTEMBER 2015 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant

DISTRICT COURT, WATER DIVISION 1, COLORADO SEPTEMBER 2015 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 2015 for each County affected.

15CW23 FOUR X RANCH, INC. 22915 CR 23, Ft. Morgan, CO 80701. 970-867-5158. APPLICATION FOR ABSOLUTE WATER RIGHT IN MORGAN COUNTY. Four X Ranch Pond location of dam centerline NW1/4, SW1/4, S11, T4N, R57W of the 6th PM at a distance 2602 ft. from S and 470 ft. from W. UTM coordinates Easting 607543.07m, Northing 4464747.97. Point of diversion SE1/4, NE1/4, S10, T4N, R57W of the 6th PM at a distance 2658 ft. from N and 862 ft. from E. UTM coordinates Northing 4464785, Easting 607132m. Date of appropriation: 7-1-78. How appropriation was initiated: Pond was built and diversion pipe laid. Date water applied to beneficial use: 7-1-78. Amount 14 af, Absolute. Rate of diversion: Absolute 6.3 cfs. Uses: Irrigation as described in CA8492 pg. 1697. The Litch Seepage Ditch WDID 0100692. Number of acres historically irrigated; 130. Proposed to be irrigated: 130. Surface area of high water line: 3.1 acres. 15CW24 MARY WELTY, 11875 County Line Rd., Elbert, CO 80106. 719-220-0026. APPLICATION FOR CHANGE OF WATER RIGHT IN EL PASO COUNTY. Date of original decree: 7-3-72 case W6922, WD1. Spring #2 located SW1/4, NW1/4, S6, T11S, R64W of the 6th PM at a distance 2340 ft. from N and 630 ft. from W. Source: Spring. Appropriation date: 12-31-16. Decree amount; .022 cfs. Decreed use; livestock. Change is to add domestic use. 15CW3107 VERIFIED COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF. Plaintiff: Sorin Natural Resource Partners, LLC, a Colorado limited liability company, 1530 16th St., Ste. 300, Denver, CO 80202. V. Defendants: Godfrey Ditch Company, a Colorado corporation, Glenn Werning, as President of the Godfrey Ditch Company, 23822 WCR 33 1/4, LaSalle, CO 80645, Kathy Werning, as Secretary-Treasurer of the Godfrey Ditch Company and Charles “Chuck” Sylvester, as Vice President of the Godfrey Ditch Company. 15CW3108 Reed Hollow Ranch, LPA, 441 Russellville Road, Franktown, CO 80116 (Frederick A. Fendel, III, Petrock & Fendel, P.C., 700 17th Street, Suite 1800, Denver, CO 80202, 303-534-0702) APPLICATION TO AMEND PLAN FOR AUGMENTATION, IN DOUGLAS COUNTY. 2. Introduction: An augmentation plan authorizing out-of-priority irrigation of the Reed Hollow Ranch was approved in Case No. 06CW72 (the “original plan”). The source of augmentation water is nontributary ground water underlying the ranch. This application seeks to add an additional source of augmentation water, nontributary ground water leased from a neighbor. The augmented structures and uses will not change. 3. Structures to be augmented: the augmented structures are those identified in the original plan: 3.1 FRN Well #5 (permit no. 68445-FR) and FRN Well #5 Supplemental Well (permit no. 68446-F). FRN Well #5 was decreed on August 25, 1975, in Case No. W-5422, District Court, Water Division 1; amount 1.34 cfs; use irrigation; priority date June 3, 1966. FRN Well #5 supplemental well (Permit No. 68446-F) is presently an undecreed, although permitted, supplemental point of diversion. Until a water right is decreed in an appropriate case, it shall be considered junior to any decreed water right, and in priority only in times of free river. 3.1.1 Locations: FRN Well #5: NW1/4SW1/4 of Section 12, T8S, R66W of the 6th P.M., approximately 2641 feet from the south and 561 feet from the west section lines. FRN Well #5 supplemental well is located in the NE1/4SE1/4 of Section 11, T8S, R66W of the 6th P.M., approximately 1800 feet from the south and 150 feet from the east section lines. 3.1.2 Source: groundwater tributary to Russellville Gulch, a tributary of Cherry Creek. 3.2 FRN Pond No. 1 (permit no. 67590-F), decreed August 25, 1975, Case No. W-5422, District Court, Water Division 1; amount 8.6 acre-feet; use irrigation; priority date April 4, 1971. 3.2.1 Location: SW1/4SW1/4 of Section 12, T8S, R66W of the 6th P.M., whence the southwest corner of said Section 12, bears S 20° W, approximately 1250 feet. 3.2.2 Source: water tributary to Russellville Gulch, a tributary of Cherry Creek. 3.2.3 Surface area: approximately 2.64 acres. 3.3 Von Osten Ditch, decreed December 2, 1912, District Court,

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Douglas County, priority date August 1, 1875, amount 1.65 cfs, use irrigation. 3.3.1 Location: the headgate of the ditch is located on the north bank of Russellville Gulch in the SW1/4 of Section 12, T8S, R66W of the 6th P.M., whence the southwest corner of said Section 12 bears S 37° W, approximately 2394 feet. 3.3.2 Source: Russellville Gulch, a tributary of Cherry Creek 3.4 Von Osten Ditch Pond (permit no. 67591-F), an on-channel pond on Russelville Gulch. 3.4.1 Location: NE1/4SW1/4 of Section 12, T8S, R66W, approximately 1610 feet from the south and 1850 feet from the west section lines of said Section 12. 3.4.2 Source: Russelville Gulch 3.4.3 Surface area: approximately 0.62 acres. 4. Present source of augmentation water: Return flows from fully augmented out-of-priority use of the subject water rights described above, and nontributary groundwater decreed in Case No. 93CW101, District Court, Water Division 1, and Case No. 03CW212, District Court, Water Division 1. Applicant has an existing Arapahoe aquifer well completed as permitted in Well Permit No. 59867-F, which is permitted for augmentation purposes. The well is located adjacent to Russellville Gulch in the NE1/4NE1/4 of Section 11, T8S, R66W of the 6th P.M. 5. Additional source of augmentation water added by this application: Kmieciak Well (aka LDA-1) (permit no. 39979-F). 5.1 Decreed Case No. 88CW156; 5.2 Source: nontributary Lower Dawson aquifer; 5.3 Amount: 89.1 acre feet per year; 5.4 Location: SW1/4SW1/4, section 11, T8S, R66W, 6th PM, Douglas County, 1220 feet from the south section line and 100 feet from the west section line. 5.5 Location of discharge for augmentation use: water is piped from the well to Cherry Creek and discharged at a point in the SE1/4SE1/4, section 10, T8S, R66W, 6th PM, Douglas County, roughly one-half mile upstream of Rusellville Gulch. A map showing the locations of the well and discharge point is filed with this application. 6. Statement of amended plan for augmentation: The original plan allows diversions by the structures identified in paragraph 3 for irrigation of up to 103 acres described therein, with replacement to Russellville Gulch within a specified reach, subject to certain terms and conditions. In addition, replacement may be made from the Kmieciak well at the location specified in paragraph 5.5, subject to the same terms and conditions. There are no intervening users. See Exhibit A, a map showing the features of the amended plan. 7. Owners of land on which structures are located: 7.1 Kmieciak well: Darie Kmieciak, 575 North Highway 83, Franktown, CO 80116. 7.2 All other structures: Applicant. 8. Other matters: Exhibit A, filed with this application, is a map showing features of the amended plan. (5 pages, including Exhibit A). 15CW3109, Jarrett Mahoney, 11669 Elk Head Range Road, Littleton, CO 80127 (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. 10.1 acres being Lot 36, Mesa Grande, generally located in the SW1/4NE1/4 of Section 8, T10S, R66W of the 6th P.M., Douglas County, as shown on Attachment A hereto ("Subject Property"). Source of Water Rights: The Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Dawson: 6.9 acre-feet, Denver: 8.4 acre-feet, Arapahoe: 7.3 acre-feet, Laramie-Fox Hills: 3.2 acre-feet. Proposed Use: Domestic, commercial, industrial, irrigation, agriculture, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Description of plan for augmentation: Groundwater to be augmented: 1.5 acre-feet per year of the Dawson aquifer groundwater as requested herein. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Dawson aquifer water will be used for in-house use (0.35 acre-feet), irrigation of 14,000 square feet of lawn, garden, and trees (0.8 acre-feet), stockwatering (0.05 acre-feet), and storage (0.3 acre-feet), through a new well on the Subject Property. Applicant reserves the right to amend the amount and values without having to amend the application or republish the same. The well will operate at a rate of flow not to exceed 15 gpm. Sewage treatment for in-house use will be provided by a non-evaporative septic system and return flow from in-house and irrigation use will be approximately 90% and 15% of that use,

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respectively. During pumping Applicant will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions may occur to the Cherry Creek stream system. Return flows accrue to the South Platte River stream systems, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicant will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post pumping augmentation requirements. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (6 pages). 15CW3110, Alice Munro, 188 Kelsey Place, Castle Rock, CO 80104 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NOT NONTRIBUTARY DENVER AQUIFER, DOUGLAS COUNTY. 10.1 acres generally located in the S1/2NW1/4 of Section 25, T8S, R68W of the 6th P.M., Douglas County, as described and shown on Attachment A hereto ("Subject Property"). Source of Water Rights: The Denver aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S. Estimated Annual Amount: 3.6 acre-feet. Proposed Use: Domestic, including inhouse use, irrigation, stockwatering, fire protection, and augmentation purposes. Description of plan for augmentation: Groundwater to be augmented: 1 acre-foot per year of Denver aquifer groundwater requested herein. Water rights to be used for augmentation: Return flows from the use of not nontributary Denver aquifer groundwater and and nontributary Laramie-Fox Hills decreed in Case No. 11CW49. Statement of plan for augmentation: The Denver aquifer groundwater will be used through a new well for inhouse use in two residences (0.65 acre-feet per year), irrigation of 5000 square-feet of home lawn, garden, and trees (0.3 acre-feet) and stockwatering (0.05 acre-feet). Applicant reserves the right to amend the annual amount and values without amending or republishing the application. The well will operate at a rate of flow not to exceed 15 gpm. Sewage treatment for in-house use will be provided by a non-evaporative septic system and return flow from in-house and irrigation use will be approximately 90% and 15% of that use, respectively. During pumping Applicant will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions may occur to the West Plum Creek stream system. Return flows accrue to the South Platte River stream systems, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicant will reserve an equal amount of nontributary groundwater decreed in Case No. 11CW49 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). 15CW3111 CHAD D. THURBER and CRYSTAL M. THURBER, Henry D. Worley, Worley Law Office LLC, 611 North Weber, Suite 104, Colorado Springs, CO 80903. APPLICATION FOR ADJUDICATION OF DENVER BASIN WATER RIGHTS AND FOR APPROVAL OF PLAN FOR AUGMENTATION IN EL PASO COUNTY. The name, address, telephone number of applicant: Chad D. Thurber and Crystal M. Thurber, 1474 Lily Lake Drive, Colorado Springs, CO 80921-4109, e-mail [email protected]; Mr. Thurber’s office phone no. is 719.534.0894. I. APPLICATION FOR ADJUDICATION OF DENVER BASIN GROUND WATER AND FOR APPROVAL OF PLAN FOR AUGMENTATION IN EL PASO COUNTY. 1. Names of wells and permit, registration, or denial numbers: none. 2. Legal description of wells/location of Applicants’ property: One well in each of the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers is contemplated, plus additional and/or replacement wells as necessary. All such wells shall be located anywhere on Applicants’ 6.49 acre property located at 8205 Lakeview Drive, Colorado Springs, CO 80908. The legal description of the Property is Lot 19 in Ponderosa Pines, subdivision no. 2, which is located in the NW1/4 Section 4, T. 12 S., R. 65 W., 6th P.M., in El Paso County (the “Property”). Applicants also claim the right to appropriate the water underlying the south half (30 feet) of Lakeview Drive where it is adjacent to the Property. A map showing the Property’s general location is attached as Figure 1; a second more detailed map is attached as Figure 2. The Applicant’s deed is attached as Exhibit A. The Property is located within

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Water Division 1. The Property, including the road area, is 6.89 acres. 3. Sources: not nontributary Dawson aquifer; 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: Dawson aquifer - 15 gpm, 698 acre feet absolute; Denver aquifer - 15 g.p.m., 479 acre feet absolute; Arapahoe aquifer - 150 g.p.m., 302 acre feet, absolute; Laramie-Fox Hills aquifer - 150 g.p.m., 192 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 such wells, or logs from nearby wells. 6 Proposed uses: Drinking, cooking and sanitary purposes inside a primary house and a guest house/detached home office; commercial for indoor drinking and sanitary purposes; stock water; hot tub/spa and/or swimming pool; lawn, orchard and garden (including greenhouse) irrigation; other landscaping features; fire suppression; augmentation. 7. Name and address of owner of land on which wells are/will be located: Chad D. Thurber and Crystal M. Thurber, 1474 Lily Lake Drive, Colorado Springs, CO 80921-4109. II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. Name of structures to be augmented: Thurber Well, which has not yet been constructed, but will be completed into the Dawson aquifer. 9. Previous decrees for water rights to be used for augmentation: None. 10. Historic use: Not applicable. 11. Statement of plan for augmentation: Applicants seek approval of a plan for augmentation which will allow indoor residential uses, commercial uses (drinking and sanitary purposes only), a detached home office or guest house, livestock water, landscape and garden/orchard (including greenhouse) irrigation, hot tub and/or swimming pool, fire fighting, dust suppression and augmentation. Indoor use for the primary house is expected to equal at least 0.2 acre foot annually. Treatment of waste water from indoor uses will be achieved using a nonevaporative individual septic tank and leach field system (“ISDS”); consumption of water so treated will not exceed 10 percent of uses, with 90 percent, or 0.18 acre foot annually, accruing to nearby streams. Annual pumping shall be limited to approximately 0.92 acre foot annually. ISDS return flows will equal or exceed the 0.18 acre feet of annual stream depletions during pumping. Applicants propose to replace depletions during pumping with return flows from the ISDS, and to replace post-pumping depletions with the nontributary Denver aquifer water decreed herein, approximately 255 acre feet of which will be reserved for that purpose. Applicants will reserve the right to replace such depletions with any other judicially acceptable source of augmentation water, upon judicial approval after appropriate notice. 12. Miscellaneous provisions. (1) There are no liens against the Applicants’ property, so the notice requirements of C.R.S. 37-92-302(2)(b) do not apply. (2) The El Paso County Board of County Commissioners has been notified of this application. See Exhibit B. (3) 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 1, where the Property is located. (3) Applicants reserve the right to make minor changes in the amounts claimed for appropriation, the amount of water reserved for replacement of post-pumping depletions, and in the allowable amounts to be pumped annually under the augmentation plan, based on the information contained in the Determinations of Facts and the Consultation Report. 15CW3112 NOBLE ENERGY, INC., IN WELD COUNTY. APPLICATION FOR PLAN OF AUGMENTATION, INCLUDING CHANGE OF WATER RIGHTS AND CONDITIONAL SURFACE AND UNDERGROUND WATER RIGHTS IN WELD COUNTY. 1. Name, Mailing Address, E-Mail Address, and Telephone Number of Applicant: Noble Energy, Inc., c/o Ken Knox, P.E., 1625 Broadway, Suite 2200, Denver, CO 80202 (303) 228-4000, [email protected]. Send copies to Zach C. Miller, Gail L. Wurtzler, Davis Graham & Stubbs LLP, 1550 Seventeenth Street, Suite 500, Denver, CO 80202 (303) 892-9400. APPLICATION FOR CONDITIONAL SURFACE WATER RIGHTS. 2. Conditional Water Right. Noble Energy, Inc. (“Noble”) claims a conditional surface water right of 10 cubic feet per second (“cfs”). When in priority, Noble would divert the 10 cfs from the South Platte River at the headgate of the Farmers Independent Ditch (the “Ditch”) and deliver the water for application to beneficial use and into recharge facilities in the SE/4 of Section 31, Township 4 North,

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Range 66 West of the 6th P.M., Weld County, Colorado, as depicted in Figure 3 (the “Sodbuster Parcel”) to recharge water to the alluvium of the South Platte River for use for augmentation in the augmentation plan described below. The Sodbuster Parcel contains Lots 1-3 and 5 of the Sodbuster Subdivision as well as additional lands within the SE/4 of Section 31, Township 4 North, Range 66 West. Noble will not use the Ditch for this purpose until it has entered into an agreement with the Farmers Independent Ditch Company to do so. (a) Legal Description of Point of Diversion. The Ditch’s headgate is located on the east bank of the South Platte River in the SW/4SW/4 of Section 19, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado, as depicted in Figure 1. Noble is currently seeking approval from the Farmers Independent Ditch Company (“FIDCO”) to use the Ditch to carry the 10 cfs. (b) Source. The South Platte River. (c) Date of Initiation of Appropriation. September 30th, 2013. (d) How Appropriation Was Initiated: By Noble entering into an Agreement for Sale and Purchase of Real Property and Water Rights with Western Equipment & Truck, Inc. and Craig Sparrow. (e) Proposed Use. Irrigation, commercial, industrial, augmentation, replacement, aquifer recharge, and exchange. (f) Amount Claimed. 10 cfs, conditional. (g) Legal Description of the Place of Use. When in priority, the 10 cfs would be delivered for application to beneficial use and to the recharge facilities located on the Sodbuster Parcel (the SE/4 of Section 31, Township 4 North, Range 66 West), as depicted on Figure 3. 3. Name and Address of Owners of the Property Upon Which Structures are Located. (a) Below is the name and address of the owner of the Sodbuster Parcel on which the recharge facilities will be located: Noble Energy, Inc., c/o Ken Knox, P.E.; Physical and Mailing Address: 1625 Broadway, Suite 2200, Denver, CO 80202. (b) Below is the name and address of the owner of the Ditch that will divert the conditional water right from the South Platte River: Farmers Independent Ditch Company; Physical and Mailing Address: 3005 West 29th Street, Suite G1, Greeley, CO 80631. APPLICATION FOR CONDITIONAL UNDERGROUND WATER RIGHTS. 4. Name of structures. Farr F Well 31-6 (Permit No. 13420-R), Farr F Well 31-7 (Permit No. 13418-R-R), Farr F Well 31-8 (Permit No. 13419-R), and Farr F Well 31-9 (Permit No. 13421-R) (collectively, the “Farr F Wells”) and new additional wells that may supplement or replace the aforementioned Farr F Wells that Applicant may drill in the future on the Sodbuster Parcel are described in Figure 3. The Farr F Wells were originally decreed for irrigation. Noble is now seeking additional conditional underground water rights from the Farr F Wells (and supplemental and replacement wells) for commercial and industrial use in addition to the existing irrigation rights. Copies of the permits and the well completion and pump installation reports will be supplied as soon as practicable. (a) Legal description of diversion. The Sodbuster Parcel is located on the SE/4 of Section 31, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. Currently, the Farr F Wells are all located in the SW/4SE/4 of Section 31, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. (b) Source. The alluvium of the South Platte River. (c) Date of Initiation of Appropriation. September 30th, 2013. (d) How Appropriation Was Initiated: By Noble entering into an Agreement for Sale and Purchase of Real Property and Water Rights with Western Equipment & Truck, Inc. and Craig Sparrow. (e) Date applied to Beneficial Use. n/a (f) Amount Claimed. A total of 170 acre-feet per year, conditional, on an average annual basis from all of the wells, which Noble will use for new commercial and industrial uses. (g) Proposed Use. Commercial and industrial. The proposed commercial and industrial use will be in addition to the existing irrigation rights for the above described wells. (h) Legal Description of the Place of Use. When in priority, the 170 acre-feet will be delivered for application to beneficial use and to the recharge facilities located on the Sodbuster Parcel (the SE/4 of Section 31, Township 4 North, Range 66 West) as depicted on Figure 3. (i) Below is the name and address of the owner of the Sodbuster Parcel, which is the location of the Farr F Wells and any future supplemental or replacement wells: Noble Energy, Inc., c/o Ken Knox, P.E.; Physical and Mailing Address: 1625 Broadway, Suite 2200, Denver, CO 80202. APPLICATION FOR CHANGE OF WATER RIGHTS. 5. Decreed Surface Water Right for Which Change is Sought. Noble seeks to change the use of 20 shares of stock in FIDCO. The 20 shares represent a 2.5 percent ownership of the 800 total shares in FIDCO. (a) Name of Structure. The Farmers Independent Ditch (the “Ditch”). (b) Date of Original and Relevant Subsequent Decrees. FIDCO owns water rights equivalent to 147 cfs, deriving from two separate rights that were both adjudicated in Case No. CA6009 on April 28, 1883. (c) Legal Description of the Ditch.

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The Ditch is approximately 14 miles long and diverts from the South Platte River in Water Division 1, Water District 2. More specifically, the Ditch’s headgate is located on the east bank of the South Platte River in the SW/4SW/4 of Section 19, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado, as depicted in Figure 1. (d) Decreed Source of Water. The South Platte River. (e) Appropriation Date. Out of FIDCO’s total right of 147 cfs, its right for 61.6 cfs has an appropriation date of November 20, 1865, and its right for 85.4 cfs has an appropriation date of November 20, 1876. (f) Total Amount Decreed to the Ditch. 147 cfs. (g) Decreed Uses. Irrigation. (h) Amount of Water to be Changed. Noble seeks to change 20 FIDCO shares, which are currently evidenced by Certificate Number 1043. The ownership of the 20 shares entitles Applicant to a pro rata interest in FIDCO’s water rights, as those rights are described in subparagraphs (b)-(g) of this paragraph, that is equivalent to 3.68 cfs. (i) Historical Use. The 20 FIDCO shares that Noble seeks to change historically irrigated approximately 150 farm acres within the SW/4 of Section 20, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 1.5 miles northwest of Gilcrest, Colorado (the “Sparrow Farm”). (j) Historic Point of Diversion. The 20 shares of FIDCO water have historically been delivered to the Sparrow Farm via one headgate location along the Ditch in Section 29, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, as shown in Figure 2. After diversion from the Ditch, a lateral carried the diverted water approximately half a mile to a holding pond on the Sparrow Farm. (k) Proposed Use. Augmentation, recharge, replacement, and exchange, in addition to the decreed irrigation use, with the right to totally consume the consumable portion of the water, either by first use, successive use, or disposition. The proposed recharge facilities will be located in the SE/4 of Section 31, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, as depicted in Figure 3 (the Sodbuster Parcel). The Sodbuster Parcel contains Lots 1-3 and 5 of the Sodbuster Subdivision as well as additional lands within the SE/4 of Section 31, Township 4 North, Range 66 West. 6. Statement of Proposed Change. FIDCO owns, operates, manages, and maintains the Ditch. Noble owns 20 shares in FIDCO, which represents approximately 3.68 cfs. The 20 FIDCO shares have historically irrigated approximately 150 acres in the Sparrow Farm, and Noble entered into a dry-up agreement on October 3, 2014, with the owner of Sparrow Farm to cease irrigation. Noble seeks to change the use of the 20 FIDCO shares to include, in addition to the decreed irrigation use, augmentation, recharge, replacement, and exchange, with the right to totally consume the consumable portion of the water through first use, successive use, or disposition. In particular, Noble proposes to use the water attributable to the 20 FIDCO shares and other water rights for recharge and augmentation to offset stream depletions from withdrawal wells located in the Sodbuster Parcel (the SE/4 of Section 31, Township 4 North, Range 66 West). The withdrawal wells on the Sodbuster Parcel (known as the Farr F Wells or any additional or replacement wells) are projected to have a cumulative groundwater withdrawal of 170 acre-feet per year on average and will provide water for industrial and commercial uses in connection with Noble’s oil and gas exploration and production operations in and around Weld County, Colorado. To help offset stream depletions from the withdrawal wells on the Sodbuster Parcel, Noble will dry up the approximately 150 acres of the Sparrow Farm that the 20 FIDCO shares historically irrigated and deliver a portion of the water attributable to the 20 FIDCO shares to recharge facilities located in the Sodbuster Parcel. To protect historical return flows from the Sparrow Farm, Noble will (1) deliver a portion of the 20 FIDCO shares to the Sodbuster Parcel’s recharge facilities to be lagged back to the South Platte River, (2) turn back headgate deliveries at the existing return structure (also known as the Camp Augmentation Station) (generally located in the SE/4NE/4 of Section 24, Township 3 North, Range 67 West, 6th P.M., Weld County, Colorado, as depicted in Figure 1) to the South Platte River (dependent upon first obtaining an agreement with the owners of the Camp Augmentation Station), or a combination of (1) and (2). 7. Name and Address of Owners of Property Upon Which Any Existing or New Diversion Structure or Storage Structure Is or Will Be Constructed . (a) Below is the name and address of the owner of the Sodbuster Parcel to which a portion of Noble’s 20 FIDCO shares will be diverted for recharge: Noble Energy, Inc., c/o Ken Knox, P.E.; Physical and Mailing Address: 1625 Broadway, Suite 2200, Denver, CO 80202. (b) Below is the name and address of the owners of the Ditch and the existing return structure (also known as the Camp Augmentation Station) to which a portion of Noble’s 20 FIDCO shares may be diverted for recharge: (i) Owner of the Ditch:

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Farmers Independent Ditch Company; Physical and Mailing Address: 3005 West 29th Street, Suite G1, Greeley, CO 80631. (ii) Owners of the Camp Augmentation Station: Farmers Independent Ditch Company; Physical and Mailing Address: 3005 West 29th Street, Suite G1, Greeley, CO 80631; and The Groundwater Management Subdistrict of the Central Colorado Water Conservancy District; Physical and Mailing Address: 3209 West 28th Street, Greeley, Colorado 80634. APPLICATION FOR PLAN OF AUGMENTATION. 8. Structure to be Augmented. (a) Name of Wells. The Farr F Wells that Noble will use to supply water for its oil and gas operations have been previously permitted and assigned the well permit numbers set forth in Table 1 below. The Farr F Wells were included in Central Colorado Water Conservancy District’s augmentation plan, which was decreed in Case No. 02CW335. Noble will use one or more of the Farr F Wells to obtain its supply water and may also drill additional wells in the Farr F Wells wellfield on the Sodbuster Parcel to supplement or replace the existing Farr F Wells.

Table 1 – Sodbuster Well Information

Well  Permit No. 

Permit Date 

Use  Depth  to Water (ft) 

Total  Depth (ft) 

Pumping Rate (gpm) 

Status 

Farr  F  Well 31‐6 

13420‐R  7/1985  Irrigation  27  89  1,200  Active 

Farr  F  Well 31‐7 

13418‐R‐R  8/1981  Irrigation  NR  NR NR  Active 

Farr  F  Well 31‐8 

13419‐R  5/2000  Irrigation  36  90  1,000  Active 

Farr  F  Well 31‐9 

13421‐R  3/1985  Irrigation  30  72  1,400  Active 

(b) Legal Description of Wells. All of the Farr F Wells are located in the SW/4SE/4 of Section 31, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, within the Sodbuster Parcel, as depicted in Figure 3. (c) Proposed Use. As set forth ¶ 4, Noble is applying for new underground water rights from the Farr F Wells (and supplemental and replacement wells) for commercial and industrial purposes, in addition to the decreed irrigation rights. 9. Water Rights to be Used for Augmentation. (a) The water rights associated with the 20 FIDCO shares as described in ¶5 above. (b) A conditional surface water right of 10 cfs for recharge, replacement, and augmentation, which Noble seeks as part of this Application. (c) Noble may obtain and lease additional water from a source or sources acceptable to the State Engineer to be used in connection with a Substitute Water Supply Plan (“SWSP”) sought by Noble and approved by the State Engineer during the pendency of this matter (“Leased Water”). 10. Statement of Plan for Augmentation. To aid in its oil and gas operations in and around Weld County, Colorado, Noble intends to divert approximately 170 acre-feet per year on average from the Farr F Wells and other future wells on the Sodbuster Parcel (as more fully described in ¶ 8). The diversions from such wells will cause depletions to the South Platte River, and these depletions may be out of priority. This augmentation plan will provide for replacement of all such out-of-priority depletions in time, location, and amount to the extent necessary to prevent injury to all vested water users by delivering the water rights described in ¶ 9 above to either (a) recharge facilities located on the Sodbuster Parcel or (b) an existing return structure on the Ditch. (a) Recharge Facilities on the Sodbuster Parcel. One or more recharge sites will be developed within the Sodbuster Parcel to generate consumptive use credits from the water rights described in ¶ 9 above. All recharge facilities will be constructed and located within the Sodbuster Parcel depicted on Figure 3. (b) Existing Return Structure on the Ditch. To replace out-of-priority depletions from the above-described wells, Noble may also deliver water to the South Platte River via an existing

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return structure (also known as the Camp Augmentation Station), which is generally located in the SE/4NE/4 of Section 24, Township 3 North, Range 67 West, 6th P.M., Weld County, Colorado, as shown on Figure 1. Noble is currently seeking approval from the owners of the Camp Augmentation Station for use of the existing return structure and will not use this structure without prior written approval. 11. Name and Address of Owners of the Property Upon Which Recharge Structures are or Will Be Located. (a) Below is the name and address of the owner of the Sodbuster Parcel, which is the location of both the Farr F Wells and the proposed recharge facilities: Noble Energy, Inc., c/o Ken Knox, P.E.; Physical and Mailing Address: 1625 Broadway, Suite 2200, Denver, CO 80202. (b) Below is the name and address of the owner of the Ditch and the Camp Augmentation Station: (i) Owner of the Ditch: Farmers Independent Ditch Company; Physical and Mailing Address: 3005 West 29th Street, Suite G1, Greeley, CO 80631. (ii) Owners of the Camp Augmentation Station: Farmers Independent Ditch Company; Physical and Mailing Address: 3005 West 29th Street, Suite G1, Greeley, CO 80631; and The Groundwater Management Subdistrict of the Central Colorado Water Conservancy District; Physical and Mailing Address: 3209 West 28th Street, Greeley, Colorado 80634. 12 page Application, plus 3 Figures.

15CW3113 PHILIP MORTENSEN AND JUDY MORTENSEN, 18633 County Rd 26 Brush, CO 80723, 970-842-2016. APPLICATION FOR CHANGE OF WATER RIGHT IN MORGAN COUNTY. Attorneys for Applicants: William A. Paddock, Reg. No. 9478, Johanna Hamburger, Reg. No. 45052, Carlson, Hammond & Paddock, LLC, 1900 Grant Street, Suite 1200, Denver, CO 80203; Phone Number: (303) 861-9000; Fax Number: (303) 861-9026. 1. Decreed water right for which change is sought: A. Name of structure: Mortensen Well A-57, Well Permit No. 8477-RR. B. Date of original and all relevant subsequent decrees: June 9, 1972, Case No. W-1351; September 10, 1978, Case No: W-2968; April 12, 1982, Case No. 79CW276; all entered by the District Court for Water Division No. 1. C. Legal description of structure as described in most recent decree that adjudicated the location: Located in the SW1/4 SE1/4, Section 32, Township 4 North, Range 56 West of the 6th P.M., Morgan County, at a point 1,476 feet south and 2,612 feet west of the NE Corner of Section 32. The location of the structure is shown on the USGS topographic map attach to this application as Exhibit A. D. Decreed source of water: groundwater. E. Appropriation Date: March 1, 1954. F. Total amount decreed to structure in gallons per minute (g.p.m.) or cubic feet per second (c.f.s.): 3.43 c.f.s. G. Decreed use or uses: Irrigation. H. Amount of water that applicant intends to change: 3.43 c.f.s. 2. Detailed description of proposed change: A. Complete statement of change, including a description of all water rights to be changed, a USGS topographic map showing the approximate location of historical use of the rights and proposed place of use, and records or summaries of records of actual diversions of each right the applicant intends to rely on to the extent such records exist. Applicants own the NE1/4 of section 32, T4N, R56W of the 6th P.M. The Upper Platte and Beaver Canal Company’s North Ditch crosses through the NW1/4 NE1/4 of section 32, so historically Applicants did not deliver water from the well to lands in the NE1/4 of section 32 lying north of the North Ditch. Accordingly, in Case No. W-2968 this well was decreed for the irrigation of 120 acres in the NE1/4 and 35 acres in the NW1/4 of Section 32, T4N, R56W of the 6th P.M. In Case No. 79CW276 the irrigated acreage in the NE1/4 of Section 32 was reduced to approximately 105 acres. In 2007 Applicants installed a center pivot irrigation system that crosses the North Ditch, thereby enabling them to serve lands located north of that ditch in the NE1/4 of section 32 with the well. This application seeks to change the place of use of the 35 acres authorized to be irrigated in the NW1/4 of Section 32 to the NE1/4 of Section 32, so that a total of up to 140 acres can be irrigated by the well in the NE1/4 of Section 32. A map showing the formerly and currently irrigated lands is attached to this Application as Exhibit A. The Applicants are now able to deliver their surface water through the sprinkler to irrigate the land. When the surface water is insufficient to meet the irrigation needs of the land, groundwater is used. This well is thus used to supplement Applicants’ surface water supply and to make-up any shortage is surface water, up to the full irrigation requirement for the land. All out-of-priority depletions caused by the operation of this well are replaced pursuant to the augmentation plan of the Upper Platte and Beaver Canal Company decreed in Cases No. W-2968, 02CW401, and 10CW298. Thus, the proposed change of water rights will not result in expanded use or injury to the vested water rights of others. Records of

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diversions of the well, to the extent they exist, are as follows: 2006: 255.2 acre-feet; 2007: 56.8 acre-feet; 2008: 28.2 acre-feet; 2009: 18.5 acre-feet; 2010: 24.2 acre-feet; 2011: 14.0 acre-feet; 2013: 47.7 acre-feet; 2014: 16.0 acre-feet. Location information in UTM format: Northing 4458753.7 Easting 613170.0, Zone 13, Street Address: 18633 County Road 26, Brush, CO 80723. Source of UTMs: Division of Water Resources Well Permit file for Well Permit 8477-R. Legal Description Using the Public Land Survey System (PLSS): Legal Description: Morgan County, SW1/4 of the NE1/4, Section 32, Township 4 N, Range 56 W, 6th Principal Meridian. Distance from section lines: 1,476 Feet from North and 2,612 feet from East. Source of PLSS information: Decree, Case No. W-1351, District Court, Water Div. No. 1. Street Address: 18633 County Road 26, Brush, CO 80723. 3. 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.: The Applicants are the owners of the land on which the well is located and their name and address is stated above. 15CW3114 (2009CW046, 2002CW094, 1995CW202, 1987CW087, 1980CW408) City and County of Denver acting by and through its Board of Water Commissioners, 1600 West 12th Avenue, Denver, Colorado, 80204-3412. Phone: 303-628-6460.APPLICATION FOR FINDING OF REASONABLE DILIGENCE CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE CITY AND COUNTY OF DENVER, acting by and through its board of water commissioners IN THE SOUTH PLATTE RIVER OR ITS TRIBUTARIES IN DOUGLAS AND JEFFERSON COUNTIES District Court, WATER DIVISION 1, Weld County, Colorado, 901 9th Avenue, Room 418, PO Box 2038 Greeley, CO 80632. 1. Name, mailing address, email address, and telephone number of applicant: City and County of Denver acting by and through its Board of Water Commissioners, 1600 West 12th Avenue, Denver, Colorado, 80204-3412. Phone: 303-628-6460. 2. Name of structure: Foothills Tunnel and Conduit 26. 3. Type of Structure: The Foothills Tunnel consists of a 10’6” finished inside diameter concrete line tunnel connecting an intake structure located within the Strontia Springs Reservoir to a cement-mortar lined steel pipeline (Conduit 26), which in turn connects to the headwork structure of the Foothills Water Treatment Plant. The Foothills Tunnel is 17,935 feet in length. Conduit No. 26 is 1,720 feet in length. The capacity of the Foothills Tunnel and Conduit No. 26, operating under the full head of the Strontia Springs Reservoir, is 750 mgd or 1,162 cfs. In Case No. 1995CW202, the court confirmed that 413 cfs was diverted and placed to beneficial use. 4. Description of conditional water right (as to each structure and previous decree): 4.1. Date of original decree: December 19, 1983 Case No. 1980CW408 Court: District Court Water Division 1. 4.2. List all subsequent decrees awarding findings of diligence and amounts placed to beneficial use: 4.2.1. Date of Decree: September 29, 1989 Case No. 1987CW0087 Court: Water Division 1. 4.2.2. Date of Decree: May 24, 1996 Case No. 1995CW0202 Court: Water Division 1. 4.2.3. Date of Decree: March 26, 2003 Case No. 2002CW0094 Court: Water Division 1. 4.2.4. Date of Decree: September 9, 2009 Case No. 2009CW0046 Court: Water Division 1. 5. Legal description: The Foothills Tunnel and Conduit 26 divert waters from the South Platte River by means of a dam across the channel of the South Platte River in the northwest quarter (NW 1/4) of the northwest quarter (NW 1/4) of Section 21, Township 7 South, Range 69 West of the 6th P.M. in Jefferson and Douglas Counties, State of Colorado. 6. Source of water: The South Platte River and its tributaries lying above the Strontia Springs Diversion Dam. 7. Appropriation date: March 21, 1962. 8. Amount: 361 cfs Conditional, 413 cfs Absolute, 774 cfs Total. 9. Use: All municipal uses including domestic use, irrigation, mechanical use, manufacturing use, generation of power, power generally, fire protection, use of sewage treatment, street sprinkling, watering of parks, lawns and grounds, recreation and for the replacement, adjustment, and regulation of the units of the Denver Municipal system within themselves and with other water users. 10. 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 previous diligence period: The Strontia Springs Diversion Facility includes the Strontia Springs Dam, Reservoir, Intake, Foothills Tunnel and Conduit 26. Strontia Springs Diversion Facility is an existing structure completed in 1983. Placing to beneficial use the remaining

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conditionally decreed amount of 361 cfs will depend upon the future demands, hydrologic conditions, and enlargement of the Foothills Water Treatment Plant. The determination when the Board will need to enlarge Foothills Water Treatment Plant will be evaluated in the Board’s Integrated Resource Plan, which is anticipated to be completed in 2017. The following work, undertaken during the diligence period, was necessary to maintain and operate the diversion of water from the South Platte at the Strontia Springs Diversion Facility: 10.1. Foothills Tunnel and Conduit: 10.1.1. Installed handrail on roof of the chlorine building and installed valve access platforms in the portal house for Conduit 26. 10.1.2. Replaced two 12-inch gate bypass valves and actuators on Conduit 26. 10.2. Strontia Springs Reservoir: 10.2.1. Performed a security vulnerability assessment. 10.2.2. Replaced a fixed cone valve at Strontia Springs dam. 10.2.3. Replaced the roof at the hydroelectric powerhouse and Strontia Springs valve house. 10.2.4. Made security upgrades at Strontia Springs Reservoir which included replacing access doors at SOS facilities, installed vehicle crash barriers at the top and base of the dam. 10.2.5. Completed updating the operability and control functions for the hydroelectric switchgear, replaced antiquated equipment and improved electrical safety at the power plant. 10.2.6. Repaired the spillway flip bucket. 10.2.7. Completed rock bolt assessment on dam. 10.2.8. Conducted Potential Failure Mode Analysis (PFMA) as a component of the Part 12 Independent Consultant Inspection of Strontia Springs Dam. A report documenting the study and results was completed. 10.2.9. On April 14, 2010, Denver Water awarded a contract to Sevenson Environmental Services to dredge 625,000 cubic yards of sediment in Strontia Springs Reservoir. The project involved the dredging, pumping the sediment to Kassler Sand Filter Beds, dewatering the slurry, treating and discharging carrier water, placing dewatering sediment in Kassler Sand Filter Beds and seeding and stabilizing the sediment spoil piles. In 2010, Sevenson completed extensive installation in preparation for dredging in 2011. In 2011 Denver Water approved a contract for various modifications to the contract which included: A. Eliminated original dredging dewatering plant discharge water treatment requirement. B. Added an alternate discharge conveyance to Platte Canyon Reservoir for final settling and discharge. C. Reimburse contractor for additional treatability studies completed on reservoir sediment to determine optimum slurry treatment process. This includes permit requirements, additional engineering and process design. D. Lead paint found at Kassler Filter Plant Pump Houses that were slated for demolition needed abatement. E. Maintain a skiff for engineer’s use during dredging operations to monitor work progress. F. The total contract was $29,783,691. 10.2.10. Created a report identifying private landowners within Area C of the Strontia Springs Zone of Concern interested in forest treatments. 10.3. Foothills Water Treatment Plant: 10.3.1. Continued to perform the groundwater monitoring statistical analysis to monitor monofill. 10.3.2. Designing in 2015 a pump station to recycle flow from the drying beds instead of discharging to Little Willow Creek. 10.3.3. Completed paving of roads and parking lots. 10.3.4. Constructed new ammonia and caustic chemical feed lines for the disinfection contact basin. 10.3.5. Installed evaporator equipment. 10.3.6. Completed improvements to the hydroelectric draft tube. 10.3.7. Installed new lighting at the filter building and pump station. 10.3.8. Replaced the rectifier and groundbed numbers 2 and 4. 10.3.9. Completed the fiber optic interconnection project and upgraded router. 10.3.10. Completed modifications to the flocculation drain line. 10.3.11. Installed new VHF trunked radio system as part of Denver Water’s city wide radio network. 10.3.12. Completed HVAC improvements at the treatment plant. 10.3.13. Relocated caustic pump. 10.3.14. Replaced PC system with rack mounted servers with redundant power supply for SCADA system. 10.3.15. Upgraded electrical service and main switchgear. 10.3.16. Replaced original drain piping and associated pipe supports in the flocculation and sedimentation basins. 10.3.17. Replaced washwater line in reservoir number 1. 10.3.18. Installed an additional chlorinator in the feed room. 10.3.19. Installed an electromagnetic flow meter on scrubber in the chlorine building. 10.3.20. Completed the installation of a slide gate at the chlorine contact basin. 10.3.21. Completed electrical cable replacement at the headworks building. 10.3.22. Replaced two rapid mixers in phase 1 channel and two rapid mixers in phase 2 channel. 10.3.23. Installed weir wall gates in the chlorine contact basin. 10.3.24. Replaced two 1600 amp breakers. 10.3.25. Replaced chain and flight equipment. 10.3.26. Completed the installation of safety railing around the perimeter of the chlorine building roof. 10.3.27. Conducted a vulnerability assessment of Foothills water treatment plant as required by the Public Health

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Security and Bioterrism Preparedness and Response Act for community drinking water systems serving populations of more than 3,300. 10.3.28. Replaced failing bolted stainless steel caustic tank. 10.3.29. Replaced phase 1 filter influent valves and backwash. 10.3.30. Installed 2 chlorinators in chlorine building. 10.3.31. Upgraded safety showers and eyewash systems. 10.3.32. Purchased spare submersible pump for sedimentation basin. 10.3.33. Added a chlorine flow measurement meter. 10.3.34. Completed construction of a potassium permanganate storage facility. 10.3.35. Completed construction of a lime storage facility. 10.3.36. Completed upgrade project construction, including the relocation of a yard valve, replacement of the surface wash, the addition of a third surface wash piping, the replacement of 8 sedimentation basin drain gates, construction of a walk-in entrance for a meter/ sampling vault and modifications to the fluoride feed system. 10.3.37. Completed the installation of notification devices for fire system. 10.3.38. Replaced 16 butterfly valves and actuators in the phase 2 filter boxes. 10.3.39. Updated base drawing of Foothills water treatment plant site. 10.3.40. Upgraded the Sodium Hydroxide System which included installing and furnishing sodium hydroxide piping, two welded stainless steel storage tanks and electrical and instrumental and control improvements. 10.3.41. Completed the Foothills water treatment plant roof drain storm sewer project. This included installing 200’ of 15” storm sewer and 50’ of 4” process water pipe. 10.3.42. Completed a study on upstream management practices at Strontia Springs. This included project included data collection, field assessments, and basin prioritization for sediment management practices to reduce sediment inflow, cost benefit analysis and recommendations for Emergency Response Plans for post fire conditions. 10.4. Denver Water South Platte River collection system: 10.4.1. Denver Water and the Colorado State Forestry Service (“CSFS”) have undertaken joint projects including: development and implementation of a vegetation recovery, restoration and management program for Cheesman Reservoir properties following the Hayman fire; long-term management of selected properties near Granby and Winter Park; extensive forestry assistance and wildfire mitigation at the Trumbull/Deckers demonstration sites; and forestry management on Denver Water lands in Jefferson and Douglas counties along the North Fork of the South Platte and the main stem of the South Platte Rivers. The CSFS continues management efforts to address the mountain pine beetle problem in Grand and Summit counties, thereby reducing fire danger in Denver Water’s watersheds. The CSFS has been very successful in leveraging past contract and project monies to obtain matching grants used to complete work on Denver Water lands. Since the Hayman Fire in 2002 through 2013, Denver Water has paid over $3,100,000 to the CSFS for their services. In 2010 Denver Water contracted with the CSFS for $1,552,315 over a five-year contract period (2010-2014) which includes CSFS personnel and operational costs, as well as direct support for project implementation. 10.4.2. Denver Water and the USFS signed an MOU in 2010 to work together to improve forest and watershed health by reducing the risk of wildfires. Under the MOU, the USFS and Denver Water agreed to develop and update annually a Five-Year Operating Plan that identifies joint projects in Denver Water’s priority watersheds for the years 2011-2015. The Operating Plan calls for Denver Water to spend $16.5 million, and for USFS to match that expenditure with $16.5 million of additional forestry work. The Board will determine each year whether to fund the next increment of the Operating Plan. The first contract with USFS committed Denver Water to spend $1 million during federal fiscal year 2011 (October 1, 2010 – September 30, 2011) in support of the first set of projects identified in the Operating Plan. The forestry work will be conducted in the Strontia Springs Zone of Concern in the Upper South Platte Watershed. For fiscal year 2012 and 2013 the Board spent $2,835,426 for project implementation. 10.4.3. In 2013, Denver Water initiated a watershed management program as part of the Strategic Plan, to provide a high quality water supply and a resilient and reliable system. As part of this, Denver Water contracted with Arcadis to design a watershed management program that will evaluate each watershed, coordinate watershed activities, prioritize watershed improvement projects and engage stakeholders. With over 40% of its water supply coming from the South Platte Collection System, Denver Water began by evaluating and characterizing the Upper South Platte River watershed. The project focused on water quality conditions and potential threats to water quality, specifically focusing on impacts to Denver Water’s treatment plants. Overall, the evaluation indicated that the water quality within the watershed has been stable over the past 13 years, with the exception of localized mine discharges, forest fires, and recreational impacts. Additionally,

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Denver Water’s watershed water quality monitoring program collects a significant number of water samples and generating high quality data that provide statistical information sufficient to evaluate water quality in the watershed. Denver Water spent $114,543.00. 10.4.4. Expenditures of approximately $688 million during the subject diligence period to prosecute the work necessary to complete Denver’s integrated water supply and treatment and distribution systems. 11. Names(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: Denver Water is the owner of the land upon which all structures that are the subject of this application are located.

15CW3115, Deana K. Blackwood, 8300 Fairmount Drive, Denver, CO 80247 (James Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHT AND UNDERGROUND WATER RIGHTS FROM NONTRIBUTARYAND NOT NONTRIBUTARY SOURCES IN THE NOT NONTRIBUTARY LOWER DAWSON AND DENVER AND NONTRIBUTARY ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS, DOUGLAS COUNTY. 8.4 acres generally located in the SW1/4NE1/4 and SE1/4NW1/4 of Section 26, T7S, R67W of the 6th P.M., as described and shown on Attachment A hereto ("Subject Property"). Estimated annual amounts: Lower Dawson: 3.4, Denver: 4.4 acre-feet, Arapahoe: 4.2 acre-feet, Laramie-Fox Hills: 2.2 acre-feet. Uses: domestic, commercial, industrial, irrigation, stockwatering, fire protection, municipal, augmentation, including storage, both on and off the Subject Property. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (5 pages). 15CW3116 Harry and Rose Marie Woods, Bradford and Joyce Remp, Monte and Parveen Malenke, Ronald Beyes, Michael and Lynn Monsees, Gerald and Lynn Michels, Christopher and Rebecca Jennings, Erick and Robbie Black, and Cathy Keasler Crooks and Grant Crooks, c/o 2254 Evans Way, Franktown, CO 80116 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AND NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, REQUEST FOR UNDERGROUND WATER RIGHTS AND REQUEST FOR APPROVAL OF PLAN FOR AUGMENATION, DOUGLAS COUNTY, Applicants are the owners of 11 lots in Russellville Subdivision Filing 4 and 5, which are generally located in the NW1/4 of Section 28 and the NE1/4 of Section 29, T8S, R65W 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 60.3 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. Estimated Amounts: Upper Dawson: 23 acre-feet; Lower Dawson: 13.8 acre-feet, Denver: 18.9 acre-feet; Arapahoe: 25.9 acre-feet; Laramie-Fox Hills: 20.3 acre-feet. Use: domestic, commercial, irrigation, stockwatering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Description of plan for augmentation: Groundwater to be augmented9 acre-feet per year of the Upper Dawson aquifer groundwater requested herein being 1.5 acre-feet per year underlying Lot 74, 77, 78, and 80, Filing 4, and Lot 103 and 109, Filing 5 (augmentation plan lots). Water rights to be used for augmentation: Return flows from the use of not nontributary Upper Dawson aquifer groundwater herein and nontributary groundwater underlying the augmentation plan lots as requested herein. Statement of plan for augmentation: Applicants will use 1.5 acre-feet per year of the Upper Dawson aquifer groundwater underlying each augmentation plan lot for in house use (0.4 acre-feet), irrigation of lawn, garden, and trees (1 acre-feet), and stockwatering of 4 large domestic animals (0.05 acre-feet), and use in a water feature or storage (0.55 acre-feet), through existing or new Upper Dawson aquifer wells located on each augmentation plan lot. Applicants reserve the right to amend these amounts and values without having to amend the application or re-publish the same. Sewage treatment for in house use is provided by non-evaporative septic systems. Return flow from in house and irrigation use will be approximately 90% and

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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 Cherry Creek stream system. Return flows from use of the subject water rights accrue to the South Platte River system via Cherry Creek and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an equal amount of nontributary groundwater underlying the augmentation plan lots 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. (8 pages). 15CW3117 Geertruda Van Zonneveld, Brent and Lynda Johnson, Caron Keefer, Ned and Winifred Gilardino, Darley Dodd Revocable Trust, Gary Dean McCarthy, Furberg Mor Family Trust, Theodore and Rebecca Major, Jackie Hawkes, Paul Hubbard, John and Bettina Arthur, Greg Lemke, Kevin and Wanda York, Scott Seperich, Siddell Family Trust, Gardner Family Trust, Leo and Joann Romero, Helen Maxine Ales Living Trust, and Randall and Theresa Collins, c/o 25779 E. Jamison Circle N., Aurora, CO 80016 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY ARAPAHOE, AND LARAMIE-FOX HILLS AQUIFERS, ARAPAHOE COUNTY. Applicants are the owners of 19 lots in Allred Subdivision, which are generally located in the N1/2NE1/4 of Section 32, T5S, R65W of the 6th P.M., Arapahoe County, as shown on Attachment A hereto (Subject Property). The location of the lots satisfy the requirements of Local Rule 3(b)(1) as described on Attachment B. The Subject Property is comprised of a total of approximately 44.2 acres and the legal descriptions and acreage associated with each lot are more particularly described on Attachment A hereto. Applicants will own a pro-rata interest in the total amount of groundwater requested herein underlying their respective lots. Estimated Amounts: Arapahoe: 20.2 acre-feet; Laramie-Fox Hills: 12.5 acre-feet. Use: domestic, commercial, irrigation, stockwatering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (9 pages). 15CW3118 (96CW020) The Riverside Irrigation District and Riverside Reservoir and Land Company, 221 E. Kiowa Street Fort Morgan, CO 80701, c/o Peter J. Ampe, Hill & Robbins, P.C., 1660 Lincoln Street, Suite 2720, Denver, CO 80264. APPLICATION FOR FINDING OF REASONABLE DILIGENCE in WELD and MORGAN COUNTIES. Names of Structures: 2.1. Greasewood Reservoir, 2.2 Riverside Reservoir 2.3 Riverside Inlet Canal, 2.4 Greasewood Canal., 3. Describe conditional water right giving the following from the Referee's Ruling and Judgment and Decree: 3.1. Date of Original Decree: September 16, 2009, Case No. 96CW020. 3.2. Location: 3.2.1. Greasewood Reservoir is an off-channel reservoir located in portions of Sections 8, 16, 17, 18, 19, 20, and 21, Township 5 North, Range 60 West of the 6th P.M. 3.2.2. Riverside Inlet Canal will be the point of diversion of the water right decreed herein. The Riverside Inlet Canal has a capacity of 1000 cfs and a point of diversion located on the north bank of the South Platte River near Kuner, Colorado in the SW1/4 SW1/4, Section 20, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. 3.2.3. Riverside Reservoir may be used as a temporary place of storage for water diverted pursuant to this water right prior to delivery of such water to Greasewood Reservoir. The dam of the Riverside Reservoir is located in Sections 5, 7, and 8, Township 4 North, Range 62 West of the 6th P.M. in Weld County, Colorado. 3.2.4. The Riverside Inlet Canal will be used to divert water from the South Platte River to Riverside Reservoir. Greasewood Canal will then be used to deliver water diverted pursuant to this water right from Riverside Reservoir to Greasewood Reservoir. Greasewood Canal will have the following approximate course: from Riverside Reservoir easterly through Sections 5, 4, 3 and 2, Township 4 North, Range 61 West of the 6th P.M., and continue through Sections 34, 35, 25, and 36, Township 5 North, Range 61 West of the 6th P.M., and continue through Sections 31, 30, and 29, Township 5 North, Range 60 West of the 6th P.M. 3.3. Source: South Platte River and all tributaries intersecting the Riverside Canal, Greasewood Canal, Greasewood Draw, and all of its tributaries, including Coal Bank Draw. 3.4.

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Appropriation Date: January 5, 1996. 3.5. Use: Irrigation, exchange, augmentation, recharge, replacement, domestic, municipal, industrial, stock water, recreational, and wildlife purposes. The water stored in Greasewood Reservoir or recharged to the alluvium of the South Platte River pursuant to this water right may be used directly or by exchange. The acreage that may be irrigated using the water right decreed herein is land now or in the future included within the boundaries of the Riverside Irrigation District in Weld and Morgan Counties under the Irrigation District Law of 1905. The District is presently located on the north side of the South Platte River in Townships 4 and 5 North, Ranges 55 through 63 West of the 6th P.M. in Weld and Morgan Counties. The exchange, augmentation, recharge, and replacement uses shall be made pursuant to the decree entered in Case No. 02CW086 and subject to the terms and conditions decreed therein. The recreation and wildlife uses shall be made in situ in Greasewood Reservoir. 3.6. Amount: 6000 acre-feet, CONDITIONAL to be diverted through the Riverside Inlet Canal at a maximum rate of 1000 cfs, CONDITIONAL, with the right to temporarily store water in Riverside Reservoir and to fill and refill and maintain Greasewood Reservoir at full capacity when water is legally available, CONDITIONAL. 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, Applicants have spent in excess of $1,965,000.00 on canal and inlet maintenance, reservoir maintenance, defense and prosecution of water right applications, spillway planning and construction, and river diversion maintenance, including over $3,400.00, related specifically to Greasewood Reservoir. The Riverside system is an integrated system with Riverside Reservoir and Canal being integral to the continued development of Greasewood Reservoir. The peak diversion rate at the Riverside headgate during the diligence period was 611 cfs on June 22, 2014. The peak storage in Riverside Reservoir was 63,303 acre-feet on March 17, 2014. 5. Names and addresses of owner(s) of land on which points of diversion place of use are located: 5.1. Greasewood Reservoir is located on land owned or controlled by: State of Colorado Board of Land Commissioners, 1313 Sherman St., Room 620, Denver, CO 80203, Wickstorm Land LLC, 33052 Rd. 3, Orchard, CO 80649, Orchard Ranch, LLC, 6716 Deer Run Trail, Castle Rock, CO 80108, Kimberly K Degenhart, Darrell D. Groves, Rodney R. Groves, Lauri L. Pate, 26247 Rd. 2, Orchard, CO 80649. 5.2. Riverside Reservoir is located on land owned or controlled by: Riverside Reservoir and Land Company, P.O. Box 455, Fort Morgan, CO 80701, Riverside Irrigation District, P.O. Box 455, Fort Morgan, CO 80701. 5.3.Riverside Canal is located on land owned or controlled by: Riverside Reservoir and Land Company P.O. Box 455,Fort Morgan, CO 80701, Riverside Irrigation District, P.O. Box 455, Fort Morgan, CO 80701. 5.4. Greasewood Canal is located on land owned or controlled by: Riverside Reservoir and Land Company, P.O. Box 455, Fort Morgan, CO 80701, Riverside Irrigation District, P.O. Box 455, Fort Morgan, CO 80701, Orchard Ranch, LLC,6716 Deer Run Trail Castle Rock, CO 80108, State of Colorado, Board of Land Commissioners, 1313 Sherman St., Room 620, Denver, CO 80203, Ruland Farms, PO Box 38, Orchard, CO 80649, DPG Farms 3300 S. Parker Rd., Ste 300, Aurora, CO 80014, David A. Clark, PO Box 12, Orchard, CO 80649, Fackler Rental Properties, LLC, PO Box 12, Orchard, CO 80649, Jeremy Coffelt 1013 W. Alton Ave, Santa Ana, CA 92707, James Michal Nachazel, 10584 Ashfield St. Highlands Ranch, CO 80126. 6. Request for finding of reasonable diligence: Applicant hereby requests the Court to enter a finding that, as to those portions of the right not made absolute, Applicant is proceeding in a reasonably diligent manner and that the waters claimed by Applicant can and will be diverted, or otherwise captured, possessed and controlled and will be beneficially used and the project can and will be completed with diligence and within a reasonable time. 15CW3119 (15CW3047 Div. 2) Morgan and Christine Brown, Gwilym and Lillian Brown, Marlene Brown, and Marshal and Sara Brown, c/o 17435 Roller Coaster Road, Monument, CO 80132 (James Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR CHANGE OF WATER RIGHT AND APPROVAL OF PLAN FOR AUGMENTATION, EL PASO COUNTY. Decree information for which change is sought: Case Nos. 08CW206, 08CW315, 08CW316, and 08CW319, Water Division 1, decreed on October 22, 2009. The parcels associated with the decrees are comprised of a total of 59.8 acres and are generally located in the NW1/4 of Section 21, T11S, R66W

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of the 6th P.M., as shown on Attachment A (Parcels 1, 2, 3 and 6). Said parcels are contiguous and the water decreed in these cases is owned by Applicants. The groundwater which is the subject of the decrees and this change are not nontributary Dawson and Denver and nontributary Arapahoe and Laramie-Fox Hills aquifer groundwater. Also, Case Nos. 08CW317 and 08CW318, decreed on October 22, 2009, are associated with a total of 95 acres also located in the NW1/4 of Section 21, as shown on Attachment A (Parcels 4 and 5). Proposed change: The decrees in Case Nos. Case Nos. 08CW206, 08CW315, 08CW316, and 08CW319, require that wells to withdraw the decreed groundwater be located on the land which is the subject of that specific decree. By this change, Applicants request that the combined decreed amounts be withdrawn through wells located on any of the parcels which are the subject of those decrees (Parcels 1, 2, 3, and 6). Applicants also request that 12.5 acre-feet per year of not nontributary Dawson aquifer groundwater decreed in Case Nos. 08CW317 and 08CW318, be withdrawn in combination with the Dawson aquifer groundwater decreed in Case Nos. 08CW206, 08CW315, 08CW316, and 08CW319 (57 acre-feet per year total), through wells located on any of the parcels which are the subject of those decrees (Parcels 1 through 6). No other parts of the original decrees will be changed herein. Description of plan for augmentation: Groundwater to be augmented: 14.25 acre-feet per year over a 300 year period and 14.25 acre-feet per year over a 100 year period of not nontributary Dawson aquifer groundwater decreed in Case Nos. 08CW206, 08CW315, 08CW316, 08CW317, 08CW318, and 08CW319, pursuant to the change requested above. Water rights to be used for augmentation: Return flows from the use of not nontributary Dawson aquifer water and return flows or direct discharge of nontributary Arapahoe and Laramie-Fox Hills aquifer groundwater decreed in Case Nos. 08CW206, 08CW315, 08CW316, 08CW317, 08CW318, and 08CW319. Statement of plan for augmentation: The 14.25 acre-feet per year of Dawson aquifer groundwater will be used to serve up to nineteen residential lots to be located on Parcels 1, 2, 3, and 6 as shown on Attachment A, through individual wells for a 300 year period. Each lot will require 0.75 acre-feet per year for in house use (0.4 acre-feet), irrigation of 5000 square feet of home lawn and garden (0.3 acre-feet), and use in a water feature (0.05 acre-feet). The second 14.25 acre-feet per year of Dawson aquifer groundwater will be used for irrigation and fire protection use for a 100 year period. Applicants reserve the right to amend these values without amending the application or republishing the same. Sewage treatment for in house use will be provided by non-evaporative septic systems. Return flows associated with in house and irrigation use will be approximately 90% and 15%, respectively. Water used in a water feature is fully consumed. During pumping Applicants will replace actual depletions to the affected stream systems pursuant to Section 37-90-137(9)(c), C.R.S. Because depletions may occur to stream systems in Water Divisions 1 and 2, this application is being filed in both divisions. Based on the location of the Subject Property, return flows from use of the water on the Subject Property may return to the South Platte River and the Arkansas River stream system and such return flows are sufficient to replace the total annual actual depletion. If not, Applicants request that the total actual depletion be returned to the South Platte River stream systems and for a finding that those replacements are sufficient. Applicants will reserve an equal amount of the nontributary groundwater 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). 15CW3120 Francis E. Gay, 20210 Smoky Hill Road, Centennial, CO 80015 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, DOUGLAS COUNTY. 60 acres being the SE1/4SE1/4 and the E1/2SW1/4SE1/4 of Section 21, T6S, R65W of the 6th P.M., 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: 14 acre-feet, Lower Dawson: 11 acre-feet, Denver: 39 acre-feet, Arapahoe: 24 acre-feet,

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Laramie-Fox Hills: 18 acre-feet. Proposed Use: Domestic, commercial, industrial, irrigation, agriculture, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Description of plan for augmentation: Groundwater to be augmented: All of the available Upper Dawson aquifer groundwater as requested herein. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Upper Dawson aquifer water will be used for inhouse use in up to three single family residences, irrigation of lawn, garden, trees, pasture and hay on the Subject Property, stockwatering, and storage. Applicant reserves the right to revise these uses without having to amend the application or republish the same. Sewage treatment for inhouse use will be provided by non-evaporative septic systems and return flow from inhouse and irrigation use will be approximately 90% and 15% of that use, respectively. During pumping Applicant will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Applicant estimates that depletions occur to the Cherry Creek and South Platte River stream systems. Return flows accrue to the South Platte River stream systems via Cherry Creek, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicant will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post pumping augmentation requirements. Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (5 pages). 15CW3121 (04CW28) TOWN CENTER METROPOLITAN DISTRICT (“Town Center”), c/o Charles Foster, District Manager. 5600 S. Quebec, #255C, Greenwood Village, CO 80111, telephone number: 303-740-7440. Attorneys: Douglas M. Sinor and April H. Killcreas, Trout, Raley, Montaño, Witwer & Freeman, P.C., 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203, telephone number: 303-861-1963. APPLICATION TO MAKE CONDITIONAL WATER RIGHT ABSOLUTE, AND FOR FINDING OF REASONABLE DILIGENCE, IN DENVER COUNTY, COLORADO. 1. Name, mailing address, and telephone number of Applicant: See above. 2. Names of structures: A. Green 15 Pond Well (Well Permit No. 61812-F). B. Green Valley Ranch Alluvial Well #1. C. Green Valley Ranch Alluvial Well #2. D. Green Valley Ranch Alluvial Well Field, including up to four proposed wells in the alluvial aquifer of First Creek. 3. Description of Conditional Water Rights: A. Date of Original Decree: September 9, 2009. Case No.: 2004CW28. Court: District Court, Water Division No. 1. B. Legal Description: i. Green 15 Pond Well: An existing unlined pond located in the NE1/4 of the SE1/4 of Section 15, T3S, R66W, 6th P.M., City and County of Denver, Colorado, the center of which is located at a point approximately 2,750 feet from the North section line and 1,090 feet from the East section line of said Section 15. ii. Green Valley Ranch Alluvial Well #1: A proposed well to be located in the NW1/4 of the NW1/4 of Section 15, T3S, R66W, 6th P.M., City and County of Denver, Colorado, within 200 feet of a point 1,050 feet from the West line and 1,100 feet from the North line of said Section 15. iii. Green Valley Ranch Alluvial Well #2: A proposed well to be located in the SW1/4 of the NE1/4 of Section 15, T3S, R66W, 6th P.M., City and County of Denver, Colorado, within 200 feet of a point 2,240 feet from the East line and 2,315 feet from the North line of said Section 15. iv. Green Valley Ranch Alluvial Well Field: Up to four additional wells are proposed to be located in the Green Valley Ranch North development, which is located in Sections 14, 15, 22 and 23, T3S, R66W, 6th P.M., City and County of Denver, Colorado. C. Source of water: Alluvial ground water tributary to First Creek, tributary to the South Platte River. D. Appropriation Date and Amount: i. Green 15 Pond Well: a. Date: February 1, 2003. b. Amount: 500 gpm, 1.1 cfs, conditional, not to exceed 450 acre-feet per year. ii. Green Valley Ranch Alluvial Wells #1 and #2: a. Date: February 13, 2004. b. Amount: 200 gpm, 0.45 cfs, each, not to exceed a total of 450 acre-feet per year, conditional. iii. Green Valley Ranch Alluvial Well Field: a. Date: February 13, 2004. b. Amount: Each well will have a maximum pumping rate of 200 gpm, 0.45 cfs, conditional. The total combined maximum pumping rate for all wells will be 1,200 gpm, 2.7 cfs, conditional, not to exceed 450 acre-feet per year. E. Use: For all wells: Irrigation of the Green Valley Ranch Golf Course and surrounding trails, parks, green belts, schools and streetscapes within the Green Valley Ranch North development; recreation; fish and wildlife propagation; replacement of evaporation

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and seepage; augmentation and replacement by direct use or storage. The Green Valley Ranch Golf Course and the Green Valley Ranch North development are located in Sections 14, 15, 22 and 23, T3S, R66W, 6th P.M., City and County of Denver, Colorado. F. Depth: i. Green 15 Pond Well: approximately 8 feet. ii. Green Valley Ranch Alluvial Well #1 and #2, and Green Valley Ranch Alluvial Well Field: unknown. 4. Detailed outline of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed including expenditures during the previous diligence period: A. Following entry of the decree in case no. 04CW28, Town Center began evaluating the design, location, cost, and, potential productivity of alluvial wells associated with the Green Valley Ranch Alluvial Well #1 and #2, and the Green Valley Ranch Alluvial Well Field conditional water rights. In 2010, Town Center consultants constructed a monitoring well at or near the location of Green Valley Ranch Alluvial Well #1, and performed pump tests on the well to determine the productivity of the well. Town Center consultants used this information to evaluate the potential location and cost of developing the Green Valley Ranch Alluvial Well #1 and #2, and the Green Valley Ranch Alluvial Well Field. Town Center consultants updated the cost evaluation work in 2015. Town Center expended a total of approximately $159,000 on engineering consultant costs and $113,000 on well drilling and installation costs associated with this work during the diligence period. B. During the diligence period, counsel and consultants for Town Center evaluated the availability of existing sources of augmentation water decreed in 04CW28 to replace out-of-priority depletions from the Green Valley Ranch Alluvial Well #1 and #2, and Green Valley Ranch Alluvial Well Field. Town Center also evaluated potential additional augmentation sources for the Green Valley Ranch Alluvial Well #1 and #2, and Green Valley Ranch Alluvial Well Field as part of ongoing water supply planning work. Engineering consultant costs for this work are included in $159,000 described above. In addition, Town Center expended approximately $7,000 on legal fees to conduct this work. C. During the diligence period, Town Center performed maintenance on, as well as improvements to, the Green Valley Ranch irrigation system and the Denver Basin, nontributary irrigation wells, which provide a source of augmentation water for the subject water rights, pursuant to the augmentation plan decreed in case no. 04CW28. Town Center steadily expanded the sprinkler irrigation system during the diligence period to cover additional areas. Town Center also enlarged and improved two storage ponds to increase forebay storage and regulation of irrigation water pumped from nontributary wells and the Green 15 Pond Well for the sprinkler irrigation system. Town Center expended approximately $80,000 on the storage improvements and $42,000 on improvements to the Green 15 Pond Well and other wells. Other improvements during the diligence period included replacement of well pumps and motors, replacement of water transmission pipes, replacement and upgrades of transducers, SCADA devices, and flow meters. Town Center has spent approximately $70,000 each year during the diligence period on maintenance, monitoring and reporting related to the Green Valley Ranch irrigation system. 5. Claim to Make Conditional Water Right Absolute: A. Water Right: Green 15 Pond Well. Dates water applied to beneficial use: Green 15 Pond Well was constructed in late-2004. The pump was installed and a pump test was performed in September 2005. Town has used the Green 15 Pond Well for irrigation of the Green Valley Ranch Golf Course and other decreed uses since that time. Amount: 1.1 cfs (500 gpm) absolute. Use: The uses described in paragraph 3.E above. D. Supporting evidence that Town Center diverted water in-priority and applied such water to the beneficial uses claimed in the amounts claimed: Water from the Green 15 Pond Well was first used in September 2005, based upon the pump installation and test report that is on file with the State Engineer’s Office. Water was used continuously for the decreed uses beginning on or before October 2007, pursuant to substitute water supply plan approval. Summaries of accounting records demonstrating use of this well since decreed in 2009, and the use of this well at the full decreed rate of 1.1 cfs (500 gpm), are attached to the application as Exhibit 1. E. Description of place of use where water is applied to beneficial use: Green Valley Ranch Golf Course and the Green Valley Ranch North development, as more fully described in paragraph 3.E above. 6. Name and address of owners of land upon which all structures will be located or upon which water will be placed to beneficial use: A. Oakwood Homes, Town Center Metropolitan District, and HC Development and Management Services, Inc., 4908 Tower Road, Denver, Colorado 80249. 7. Remarks or any other pertinent information: WHEREFORE, Town Center respectfully

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requests that the Court enter an order and decree: A. Finding that Town Center has been reasonably diligent in the development of the conditional water rights described herein; and B. Confirming that the conditional water right for decreed to Green 15 Well Pond has been made fully absolute for all decreed uses in the amount of 1.1 cfs (500 gpm), or in the alternative, continuing such conditional water right in full force and effect; and C. Continuing the conditional water rights decreed to the Green Valley Ranch Alluvial Well #1 and #2, and Green Valley Ranch Alluvial Well Field in full force and effect for another six-year diligence period; and D. Providing such other relief as the Court deems proper. (7 Pages) 15CW3122 Melecio and Margaret A. Chavez, 739 Weld County Road 47, Hudson, CO 80642. Telephone: 303-536-9656 c/o Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO, 80534 (970)622-8181. APPLICATION FOR CORRECTION OF ERRONEOUSLY DESCRIBED POINTS OF DIVERSION PURSUANT TO C.R.S. §37-92-305(3.6) in WELD COUNTY. 2. Decreed Names of Structures to be Corrected “Rock Well No. 1”. 2.1. Rock Well No. 1; Well No. 1-11652-R, WDID 0208572. 2.1.1. Previous Decree. 2.1.1.1. Case No. W-5661. 2.1.1.2. Adjudication date. September 21, 1978. 2.1.1.3. Decreed point of diversion. NE1/4 of the NE1/4 of Section 35, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado, at a point 1300 feet South and 650 feet West of said Section 35. 2.1.1.4. Source. Tributary groundwater. 2.1.1.5. Appropriation date. September 20, 1952. 2.1.1.6. Decreed flow rate. 1.67 c.f.s. 2.1.1.7. Decreed use. Irrigation of 157 in the NE1/4 Section 35, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado, along with Rock Well No. 2-11653 and Rock Well No. 3-11654. 3. Historical Use and Augmentation. Rock Well No. 1-11652 irrigates 60 acres on the land described above and is augmented pursuant to Contract No. 1112 of the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District (GMS) which augmentation plan is decreed in Case No. 02CW335. 4. Proposed Correction of Location of Well—Correction to an Established But Erroneously Described Point of Diversion. Applicant seeks to correct the decreed location of the Rock Well No. 1 to its actual location in accordance with C.R.S. §37-92-305(3.6). 4.1. Rock Well No. 1; Well No. 1-11652-R, WDID 0208572. 4.1.1. Original Decreed Location. NE1/4 of the NE1/4 of Section 35, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado, at a point 1300 feet South and 650 feet West of the NE corner of said Section 35. 4.1.2. Replacement Permit. A valid replacement well permit, 11652-R, with a more accurate location was issued on April 26, 1978 permitting the location of the well in the NE1/4 of the NE1/4 of Section 35, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado, at a point 1320 feet from the North section line and 330 feet from the East Section line. This location is within 25 feet of the actual physical location of the well. 4.1.3. Correct Well Location. The well is located in the NE1/4 of the NE1/4 of Section 35, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado, at a point 1,310 feet from the North section line and 350 feet from the East section line. It was confirmed that the well is at this location by GMS staff and White Sands Water Engineers. The water has been diverted from this point since the well was relocated in 1978. 4.1.4. Authority. C.R.S. §37-92-305(3.6) allows the owner of a well to file an application for the correction to an established but erroneously described point of diversion. An established but erroneously described point of diversion is one that is in the same physical location as when it was decreed or has been moved pursuant to a valid well permit, but is not within 200 feet of the location specified on the applicable decree. C.R.S. §37-92-305(3.6)(a, b). An applicant can apply for a correction to an established but erroneously described point of diversion if there is already a diversion at the corrected point of diversion and one or more water rights are diverted at the corrected point of diversion. C.R.S. §37-92-305(3.6)(d)(IV). 5. Alternative Proposed Correction of Location of Well. In the event that this court does not find sufficient authority in C.R.S. §37-92-305(3.6), Applicant alternatively seeks to correct the decreed location of Rock Well No. 1 to its correct location as described here, under this court’s authority and C.R.S. §37-92-305(3) which allows the approval of a change of water right when such a change does not injuriously affect other water rights holders. 6. Name and Address of Owners of Structures. Applicant owns the structure and the land upon which the structure is located.

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15CW3123 Soanes Investments, LLC, c/o "Thorneycroft", 17 Greenway Hutton Mount, Brentwood Essex, UK CM13 2NR. IN PARK COUNTY, COLORADO. APPLICATION FOR ABSOLUTE AND CONDITIONAL SURFACE WATER RIGHT. CONCERNING THE APPLICATION FOR WATER RIGHTS OF SOANES INVESTMENTS, LLC. DISTRICT COURT, WATER DIVISION NO. 1, STATE OF COLORADO, 901 9th Avenue, Room 418, Greeley, CO 80631. 1.  Name, address, telephone number and email of Applicant: Soanes Investments, LLC, c/o "Thorneycroft", 17 Greenway Hutton Mount, Brentwood Essex, UK CM13 2NR. Direct all pleadings to: Glenn E. Porzak, William D. Wombacher, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302. 2. Overview: The Applicant seeks surface water rights associated with the operation of a livestock ranch. 3. Claim for conditional surface water rights – ditch diversions a. Name of Structure: Eight Mile Ranch Headgate Nos. 1 – 4. b. Legal Description: i. Eight Mile Ranch Headgate No. 1: The point of diversion is described by the following UTM coordinates Zone 13, NAD 83, True North; Easting: 421141.00 m E and Northing: 4350820.00 m N. ii. Eight Mile Ranch Headgate No. 2: The point of diversion is described by the following UTM coordinates Zone 13, NAD 83, True North; Easting: 421323.00 m E and Northing: 4350568.00 m N. iii. Eight Mile Ranch Headgate No. 3: The point of diversion is described by the following UTM coordinates Zone 13, NAD 83, True North; Easting: 421668.00 m E and Northing: 4350221.00 m N. iv. Eight Mile Ranch Headgate No. 4: The point of diversion is described by the following UTM coordinates Zone 13, NAD 83, True North; Easting: 421663.00 m E and Northing: 4350214.00 m N. The map attached as Exhibit A shows the approximate location of Eight Mile Ranch Headgate Nos. 1 -4. c. Source: Surface water and drainage tributary to the South Fork of Park Gulch, intermittently tributary to Park Gulch, Tarryall Creek, and the South Platte River. d. Appropriation Date: August 28, 2015. The appropriation was initiated by the Applicant meeting with the water commissioner to identify and locate the points of diversion for Eight Mile Ranch Headgate Nos. 1 - 4. e. Amount: 1.25 cfs for each point of diversion, conditional. f. Uses: Irrigation and stock watering. Applicant proposes that irrigation shall be limited to on the lands described in Exhibit B in addition to lands in the NW1/4 NW1/4 of Section 5, Township 9 South, Range 76 West of the 6th P.M. Collectively, these lands include all those owned by the applicant. The map attached as Exhibit A shows a portion the described lands. 4. Claim for absolute and conditional surface rights – springs a. Name of Structures: Warm Spring, Old Homestead Spring, and Horseshoe Spring. b. Legal Description: i. Warm Spring: The point of diversion is described by the following UTM coordinates Zone 13, NAD 83, True North; Easting: 421306.35 m E and Northing: 4350611.26 m N. ii. Old Homestead Spring: The point of diversion is described by the following UTM coordinates Zone 13, NAD 83, True North; Easting: 421886.00 m E and Northing: 4350690.00 m N. iii. Horseshoe Spring: The point of diversion is described by the following UTM coordinates Zone 13, NAD 83, True North; Easting: 421822.78 m E and Northing: 4350763.12 m N. The map attached as Exhibit A shows the approximate location of Warm Spring, Old Homestead Spring, and Horseshoe Spring. c. Source: Natural springs intermittently tributary to the South Fork of Park Gulch, Park Gulch, Tarryall Creek, and the South Platte River. d. Appropriation Date: December 15, 2010 for the amounts claimed absolute and August 28, 2015 for the conditional amounts. The appropriation date for the conditional amounts is based on a meeting between the Applicant and the water commissioner to discuss water right options and to generate legal descriptions for the points of diversions for the subject springs. e. First Placed to Beneficial Use: The subject springs are natural features within the ranch and historical pictures indicate that the property has been used for raising livestock since the 1920s. Applicant received deeds for the ranch on December 15, 2010, and this purchase included livestock already residing on the property. While the subject springs were placed to use for livestock watering and irrigation long before 2010, the Applicant first placed the water to these uses on December 15, 2010. On that date and since that time livestock have utilized the subject springs as a source of water and the lands have been naturally irrigated by the subject springs. f. Amount: i. Warm Spring: 21.9 gpm absolute, 15 gpm conditional. ii. Old Homestead Spring: 5.6 gpm absolute, 15 gpm conditional. iii. Horseshoe Spring: 7.7 gpm absolute, 15 gpm conditional. g. Uses: Irrigation and stock watering. Applicant proposes that irrigation shall be limited to on the lands described in Exhibit B in addition to lands in the NW1/4 NW1/4 of Section 5, Township 9 South, Range 76 West of the 6th P.M. Collectively, these lands include all those owned by the applicant.

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The map attached as Exhibit A shows a portion the described lands. h. Remark: Horseshoe Spring fills a natural stock tank that is located at the point of diversion. 5. Names and addresses of owners of land upon which structures are or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant. (7 pages) 15CW3124 Feldpausch Holstein LLC, 20820 Morgan County Road 31, Fort Morgan, CO, 80701 c/o Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO, 80534 (970)622-8181. APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE IN MORGAN COUNTY. 2. Name Applicant seeks a finding of reasonable diligence for the following conditional exchange. 3. Conditional Exchange. 3.1. Name of Structure. T&M Exchange. 3.2. Decree. Case No. 04CW223, Water Division No. 1. 3.3. Legal Description of Termini. 3.3.1. Upstream Terminus (exchange to point). The headgate of the Deuel and Snyder Canal located in the NW1/4 SW1/4 of Section 26, Township 4 North, Range 58 West of the 6th P.M., Morgan County, Colorado. 3.3.2. Downstream Terminus (exchange from point). The NE1/4 of Section 31, T. 4 North, R. 57 West of the 6th P.M. (in the vicinity of Highway 52 as it crosses the South Platte River) to approximately the SE1/4 of Section 19, T. 4 North, R. 56 West of the 6th P.M. (at the point where Wildcat Creek enters the South Platte River), in Morgan County, Colorado. 3.4. Appropriation. October 22, 2008. 3.5. Amount. Applicant intends to exchange water at rate equal to the maximum rate of its excess recharge accretions. The rate of exchange is conditional and will not exceed 84 c.f.s. 4. Outline of What Has Been Done Toward Completion. Applicant purchased Doty Well No. 1-14163 (Well) and the property upon which the Well is located and used in a commercial feedlot for dust suppression and livestock watering. The Well is operated pursuant to the plan of augmentation decreed in Case No. 04CW223. The purpose of the exchange is to recapture recharge accretions or other replacement water delivered to the South Platte River that is in excess of the amount of water required to replace out of priority depletions associated with operation of the Well. The terms by which the exchange may be operated and must be accounted for are set out in the decree. Applicant has submitted accounting to the Division Engineer as required for operation of the plan for augmentation. Applicant has not had an opportunity to operate the exchange because there has been no “Excess Water,” as defined by the decree available to exchange, under this conditional exchange, during the diligence period. The Deuel and Snyder Improvement Company has a senior exchange decreed in Case No. 07CW122. 5. Claim for Finding of Reasonable Diligence. Pursuant to §37-92-304 C.R.S., Applicant seeks to continue the conditional exchange. 6. Name and Address of Owner of Structures. Applicant owns the Well. The Deuel and Snyder Improvement Company, P.O. Box 89, Fort Morgan, Colorado 80701, owns and operates the Deuel and Snyder Improvement Company Ditch. 15CW3125 (2008CW304, 2000CW102) SOUTH ADAMS COUNTY WATER AND SANITATION DISTRICT 6595 E. 70th Avenue, P.O. Box 597, Commerce City, CO 80022, (303) 288-2646 (c/o of Richard J. Mehren, Jennifer M. DiLalla, Alison I.D. Gorsevski, Moses, Wittemyer, Harrison and Woodruff, P.C., P. O. Box 1440, Boulder, CO 80306-1440. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN ADAMS, WELD, JEFFERSON AND CLEAR CREEK COUNTIES 1. Name, address, and telephone number of Applicant: See above. 2. Name of structure: SACWSD Well No. 80. 3. Description of Conditional Water Right: 3.1 Previous Decree: SACWSD Well No. 80 was originally decreed by this Court in Case No. 2000CW102 on December 31, 2002. 3.2 Decreed Location: SW1/4SE1/4 Section 29, Township 2 South, Range 67 West of the 6th P.M., Adams County, Colorado, at or within 200 feet of a point 916 feet from the South section line and 1,640 feet from the East section line of said Section 29. The decreed location of SACWSD Well No. 80 is depicted on the map attached hereto as Exhibit A. 3.3 Appropriation Date: May 30, 1996. 3.4 Amount: 2,000 gpm CONDITIONAL, subject to an annual volumetric limit of 1,600 acre-feet. 3.5 Source: Ground water tributary to the South Platte River. 3.6 Depth: Approximately 100 feet. 3.7 Use: Municipal water supply for South Adams County Water and Sanitation District (“District”) for domestic, commercial, industrial, fire protection, irrigation, recreation, fish and wildlife preservation and propagation and all other beneficial municipal uses of the District. 3.8 Well Permit: N/A. 4. Previous diligence decree: A

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timely application for a finding of reasonable diligence for the subject water right was filed in compliance with Colorado law, and a final decree finding reasonable diligence was entered on September 10, 2009 in Case No. 2008CW304, District Court, Water Division No. 1, State of Colorado. 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: The District provides water and wastewater services to approximately 50,000 customers in Commerce City and Adams County. The District maintains a diverse portfolio of water rights – both conditional and absolute – in order to provide potable and non-potable water to its present and future customers. SACWSD Well No. 80 is an integral piece of the District’s overall water supply system, and the District intends to pursue development and beneficial use of the water right as growth continues and water demands increase within District. The District’s 2011 Water System Master Plan anticipates that the District will need an additional 4,300 acre-feet of potable alluvial well supply by 2040, and identifies SACWSD Well No. 80 as a component of the District’s planned expansion of its potable water system that will be developed to meet this demand. Accordingly, the District continues to maintain ownership of the land on which Well No. 80 will be built and has secured all easements necessary for construction of the well and associated infrastructure. SACWSD Well No. 80 is part of the District’s integrated water system. During the diligence period, the District has engaged in the following activities and incurred the following costs in its efforts to develop, operate and maintain its municipal water system: 5.1 The District has incurred an average of approximately $1,360,000 per year in general costs and expenses in support of the municipal water supply system and for maintaining, protecting and expanding the system. 5.2 Over the diligence period, the District has incurred a total of $387,100 in engineering fees for engineering work in support of the municipal supply system. 5.3 On average during the diligence period, the District spent approximately $835,000 per year on capital improvement projects associated with its municipal supply system. Since 2009, the District’s improvements have been focused on increasing the availability of non-potable water, and beginning in 2019, the District intends to undertake an expansion of the potable alluvial well supply. The District estimates that it will ultimately spend more than $202 million for build-out of its municipal system by 2056. 5.4 The District incurred a total of $1,426,728 in engineering fees associated with maintenance of its existing water supplies, including but not limited to such activities as accounting for the District’s water use, operation of and accounting for the District’s plan for augmentation, protecting the District’s water rights from injury by opposing water court applications, and assisting the District with daily water operations. Of the total amount, $599,074 was spent on operating, maintaining and accounting for the District’s plan for augmentation, pursuant to which SACWSD Well No. 80 will be augmented. 5.5 The District has incurred a total of $1,884,926.93 in legal fees to obtain decrees for water rights that are part of the District’s integrated water system and for participating as an opposer in various Water Court cases to protect the District’s water rights against injury from other water users. 5.6 The District completed a comprehensive Water System Master Plan in 2011, which includes planning specific to SACWSD Well No. 80. Additionally, the District has and continues to work with the City of Commerce City on planning, growth projections and water supply demands, as the District’s service area is primarily within the City’s boundaries. In addition to in-house staff time at the District, the District incurred $505,180 in consultants’ fees for planning-related work during the subject diligence period. 6. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant. WHEREFORE, South Adams County Water and Sanitation District respectfully requests the Court to enter a decree finding that South Adams County Water and Sanitation District has proceeded with reasonable diligence toward the completion of the appropriation of the subject conditional water right and continuing the subject conditional water right in full force and effect for an additional diligence period.

15CW3126 The Groundwater Management Subdistrict of the Central Colorado Water Conservancy District (District), 3209 West 28th Street, Greeley, Colorado 80634. (970) 330-4540 c/o Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO, 80534,

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(970)622-8181. APPLICATION TO ADD MEMBER WELL TO AUGMENTATION PLAN IN WELD COUNTY. 2. Augmentation Plan. Applicant operates an augmentation plan decreed in Case No. 02CW335 (the Plan). ¶14.5 of the decree in Case No. 02CW335 allows the addition of wells, to the Plan subject to notice and terms and conditions. Johnson Well No. 1-0210 (R-129) (WDID 02006705), hereinafter the “Well,” was a Member Well of the District under former GMS Contract No. 691, and is located in Administrative Reach C. The Well was deleted from the augmentation plan by Order of the Court in Case No. 02CW335 on February 21, 2015. The purpose of this application is to add the Well back into the Plan. The Well has been issued a new GMS Contract No. 1134, Exhibit 1. 3. Structures to be Added and Augmented. 3.1. Name of Well to be Added and Augmented. Johnson Well No. 1-0210 (R-129) (WDID 02006705). 3.2. Name and Address of Member Well Owner. WPD Storage LLC, 3535 Wagon Train Rd, Greeley, Colorado 80634. 3.3. Decree. A decree was entered in Water Court, Water Division No. 1, Case No. W-4787 on April 15, 1974 adjudicating Johnson Well No. 1-0210 (R-129) in the NW1/4 SE1/4 Section 32, Township 4 North, Range 65 West of the 6th P.M., Weld County at a point 2620 feet North and 2628 feet West of the SE Corner of said Section 32 in the amount of 2.23 c.f.s with an appropriation date of June 20, 1925 for the irrigation of 60 acres in the N1/2 SE1/4 Section 32, Township 4 North, Range 65 West of the 6th P.M., Weld County. Exhibit 2. 4. Proposed Terms and Conditions. The terms and conditions for the Well will be the same as the other Member Wells in the Decree. The consumptive use factors will be 60% for flood irrigated acres and 80% for sprinkler irrigated acres. The method for determining historical Well depletions and future Well depletions will be those set out in the Decree at ¶17.3.3.1 and ¶17.3.3.2. The Glover Factors will be distance (X) of 12,800 feet from the river, transmissivity (T) of 90,640 gallons per day per foot, a storage coefficient (S) of 0.2 and a finite boundary distance from the river (W) of 21,180 feet. 5. Name and Address of Owners of Structure. WPD Storage LLC, 3535 Wagon Train Rd, Greeley, Colorado 80634. 15CW3127 The Regents of the University of Colorado ("Applicant") c/o Vice Chancellor for Administration, University of Colorado at Boulder, 024 UCB, 303 Regent Administrative Center, Boulder, CO 80309. IN BOULDER COUNTY, COLORADO. APPLICATION FOR WATER RIGHTS AND APPROVAL OF A PLAN FOR AUGMENTATION. CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE REGENTS OF THE UNIVERSITY OF COLORADO. DISTRICT COURT, WATER DIVISION NO. 1, STATE OF COLORADO, 901 9th Avenue, Greeley, CO 80632. 1. Name and Address of Applicant: The Regents of the University of Colorado ("Applicant") c/o Vice Chancellor for Administration, University of Colorado at Boulder, 024 UCB, 303 Regent Administrative Center, Boulder, CO 80309. Direct all pleadings to: Michael F. Browning, Porzak Browning & Bushong LLP, 2120 13th Street, Boulder, CO 80302. 2. Overview: Applicant owns and operates the Mountain Research Station (the "MRS") located in Section 23, Township 1 North, Range 73 West of the 6th P.M., north of Nederland, Colorado and west of Highway 72. The MRS is operated in conjunction with the University of Colorado and conducts scientific research regarding the alpine environment and related teaching activities. Water is used for domestic and sanitary purposes, including uses in cabins and other housing facilities, sinks at labs, cooking, bathrooms and clothes washing. No outdoor water use is made. Water is provided by an undecreed spring located on the property. This application seeks an absolute water right for the MRS spring. There are also two small ponds on the property with a combined surface area of 0.2 acres for which water storage rights are also sought in this application. The MRS spring and ponds are tributary to Como Creek, a tributary of North Boulder Creek. This Application seeks approval of an augmentation plan to replace all out-of-priority depletions associated with the above water uses, and the adjudication of associated rights of exchange. A map is attached hereto as Exhibit A that depicts the location of the MRS, the MRS spring and the ponds. 3. Water Right Claimed for MRS Spring. 3.1 Name of Spring: University of Colorado Mountain Research Station Spring ("MRS Spring") 3.2 Location: In the NE1/4 of the SW1/4 of Section 23, Township 1 North, Range 73 West of the 6th P.M at a point 1,400 feet north of the south section line and 1,385 feet east of the west section line of said Section 23. The UTM coordinates are Easting 454119.5 and Northing 4431506.2, Zone 13. 3.3 Source: A spring tributary to Como Creek, a tributary of North Boulder Creek.

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3.4 Appropriation Date: The spring was first used to provide water at the MRS no later than August 31, 1931. 3.5 Amount Claimed: 40 gpm absolute. 3.6 Uses: Domestic and sanitary purposes in connection with the Mountain Research Station. No irrigation use is claimed. 4. Water Storage Rights Claimed for MRS Ponds: 4.1 Name of Ponds: University of Colorado Mountain Research Station Large Pond and University of Colorado Mountain Research Station Small Pond (collectively, the "MRS Ponds"). 4.2 Locations: The MRS Large Pond is located in the SE1/4 of the SW1/4 of Section 23, Township 1 North, Range 73 West of the 6th P.M at a point 770 feet north of the south section line and 2,570 feet east of the west section line of said Section 23. The UTM coordinates are Easting 454491.7 and Northing 4431310, Zone 13. The MRS Small Pond is located in the SW1/4 of the SE1/4 of Section 23, Township 1 North, Range 73 West of the 6th P.M. at a point 735 feet north of the south section line and 2,665 feet east of the west section line of said Section 23. The UTM coordinates are Easting 454521 and Northing 4431298.7, Zone 13. 4.3 Source: Treated wastewater from the MRS Spring and groundwater and surface runoff in the vicinity of the Ponds that is tributary to Como Creek, a tributary of North Boulder Creek. There are no filling ditches. 4.4 Appropriation Date. MRS Large Pond: August 30, 1972 by construction and use of such pond. MRS Small Pond: August 30, 1972 by construction and use of such pond. 4.5 Amount Claimed: MRS Large Pond: 0.96 acre feet, with the right to fill and refill when in priority. MRS Small Pond: 0.09 acre feet, with the right to fill and refill when in priority. 4.6 Uses: Firefighting and a polishing pond for the wastewater treatment system. 4.7 Surface Areas: MRS Large Pond: 6,400 square feet. MRS Small Pond: 1,700 square feet, for a total of somewhat less than 0.2 acres. 4.8 Capacities: MRS Large Pond: 0.96 acre feet. MRS Small Pond: 0.09 acre feet. All capacity is dead storage. 5. Proposed Augmentation Plan: 5.1 Structures to be Augmented. The MRS Spring and MRS Ponds described above. 5.2 Water Rights to be Used as the Source of Augmentation Water. Pursuant to an Augmentation Water Lease Agreement between Applicant and the City of Boulder ("Boulder") dated September 1, 2015, a copy of which is attached hereto as Exhibit B (the "Aug Water Lease"), Applicant has the right to the annual delivery of up to 0.6 acre feet per year of water that is fully consumable and decreed for augmentation purposes (the "Augmentation Water"). The initial term of the Aug Water Lease is twenty years. A list of the possible augmentation water sources is set forth on Exhibit A of the Aug Water Lease and includes the following: (a) fully consumable return flows from the use of Windy Gap water for municipal purposes in Boulder's water supply system; (b) water rights represented by Boulder's ownership of shares in the North Boulder Farmers Ditch Company and changed for augmentation use in cases such as Case No. 94CW285; (c) water rights represented by Boulder's ownership of shares of stock, both common and preferred, in the New Consolidated Lower Boulder Reservoir and Ditch Company and its pro-rata share of the water rights decreed to Baseline Reservoir represented by shares of the Base Line Land and Reservoir Company changed for augmentation use in cases such as Case No. 94CW284; and (d) water diverted pursuant to the water rights decreed to the Barker Meadow Reservoir in Case No. 99CW217. The Augmentation Water may include other sources of supply owned or controlled by Boulder provided that such sources have already been decreed or changed to augmentation use, such use is approved by the Applicant, Boulder and the Division Engineer, and such water can be provided at one or more of the Points of Release. 5.3. Calculation of Depletions: Applicant proposes to augment out of priority depletions associated with the MRS Spring and MRS Ponds as follows: 5.3.1 Potable Water Depletions. The amount of water diverted by the MRS Spring will be measured by a totalizing flow meter installed in the water treatment facility that treats water from the MRS Spring. Water from the MRS Spring is treated after use by a central wastewater treatment plant located on the property that discharges to Como Creek. Five percent (5%) of the water so diverted and treated will be deemed consumed. It is estimated that current diversions from the MRS Spring are one acre foot per year, with a resulting depletion of 0.05 acre feet. Future development of the MRS facilities is not expected to more than double the amount of potable water use. 5.3.2 Pond Evaporation. The MRS Ponds have a combined surface area of 0.2 acres. Free water evaporation at the location of the Ponds is approximately 2.0 acre feet per surface acre during May through October, per NOAA Technical Report NWS-33, with snow or ice covering the Ponds the remainder of the year. Evaporative losses are thus computed to be 0.4 acre feet per year (0.2 surface acres times 2.0 acre feet/acre). 5.4 Provision of Augmentation Water. Pursuant to the Aug Water

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Lease, Boulder will make available to the Applicant Augmentation Water in the form of monthly releases in the amount of the out-of-priority depletions for that month associated with the MSR, subject to monthly maximums set forth in Exhibit B to the Aug Water Lease. The Augmentation Water will be released (a) to North Boulder Creek immediately below the outlet to Boulder's Silver Lake Reservoir; (b) to North Boulder Creek immediately below the outlet to Boulder's Lakewood Reservoir; (c) to Boulder Creek immediately below the outlet to Boulder's Barker Meadow Reservoir; (d) to Boulder Creek at a point immediately below the discharge of the Boulder Canyon Hydroelectric Plant at Orodell; (e) to Boulder Creek immediately below Boulder's Wastewater Treatment Facility outfall; or (f) at such point or points on which Boulder and Applicant mutually agree in writing and which is approved by this Court after publication of corresponding amendment to this augmentation plan (the "Point(s) of Release"). The Point of Release shall be at the discretion of Boulder provided that the chosen point of release satisfies the requirements of this augmentation plan decree; however, under no circumstances shall Boulder be required to release the Augmentation Water at a point or points other than those described in (a) through (f) above. The Applicant shall bear any transit losses charged by the State water officials below such point(s), if any. 5.5 Measurement Devices. Applicant will install and maintain such water measuring devices and implement such accounting procedures as may be required to verify that the amount of Augmentation Water provided equals or exceeds, on a monthly basis, the amount of out-of-priority depletions resulting from the use of water under the above proposed plan for augmentation. 6. Exchange Rights Claimed. The MRS Spring and MRS Ponds are located upstream of the Points of Release. Accordingly, Applicant claims appropriative rights of exchange from the various Points of Release to the MRS Spring and MRS Ponds as set forth in this Section 6 (the "Exchange Rights"): 6.1 Exchange To Points. The upstream points of the Exchange Rights are the locations of the MRS Pond and MRS Spring set forth in Sections 3.2 and 4.2 above. 6.2 Exchange From Points: The downstream points of the Exchange are the Points of Release described in Section 5.4 above. 6.3 Source of Exchange Water. The Augmentation Water is described in Section 5.2 above. 6.4 Rate and Volume of Exchanges. The Exchanges are claimed at the rate of 27 gpm, with an annual maximum of 0.6 acre feet. 6.5 Appropriation Date. The appropriation date claimed is the date of the filing of this application. 6.6 CWCB Rights. By Stipulation in Case No. 08CW162, the Colorado Water Conservation Board ("CWCB") acknowledged and agreed that the minimum stream flows rights of the CWCB in Como Creek decreed in Case No. 08CW162 and North Boulder Creek decreed in Case No. 94CW19 and 94CW20 were subordinate to the depletions associated with the MRS up to 0.9 acre feet per year. Accordingly, the Exchanges, in the amounts claimed in this application, are not subject to such instream flow rights. 7. Land Ownership. Applicant owns the land on which the MRS, MRS Spring and MRS Ponds are located. (7 pages + 2 exhibits) 15CW3128 Martin Marietta Materials, Inc., 2710 Wycliff Road, Raleigh, North Carolina 27607, Telephone: 919-781-4550. Please send all pleadings and correspondence to Applicant’s counsel Wayne Forman and Dulcinea Hanuschak, Brownstein Hyatt Farber Schreck, LLP, 410 17th Street, Suite 2200, Denver, CO 80202; Phone Number (303) 223-1100; Fax Number: (303) 223-1111; Email: [email protected], [email protected]. APPLICATION FOR WATER RIGHTS IN BOULDER COUNTY. (1) Name of Structure: Frontier-Lyons Reservoir. (2) Description of conditional water rights. (2.1) Date of original decree: Adjudicated March 31, 1981 in Water Div. 1 Case No. 79CW300 (with a clerical error corrected on October 1, 1984) (filed by Frontier Materials, Inc.). (2.2) Subsequent decrees: 95CW27 (filed by Frontier Materials, Inc.); 01CW171 (filed by Frontier Materials, Inc. c/o Henry Braly); 09CW55 (filed by Henry Braly). (2.3) Legal description: NW1/4SW1/4 and parts of the NE1/4SW1/4, and NW1/4SE1/4, of Section 21, and parts of the NE1/4SE1/4, Section 20, Township 3 North, Range 70 West of the 6th P.M., Boulder County. The high water line of said reservoir is described as follows: Beginning at a point whence the SW corner of Section 21, Township 3 North, Range 70 West of the 6th P.M. bears South 58°55’ West 2,800 feet; thence South 89°10’ West 3,250 feet; thence North 01°47’ West, 1,060 feet; thence North 80°30’ East 900 feet; thence South 85°20’ East 2,335 feet; thence South 52°10’ East 190 feet; thence South 05°30’ West 858 feet to the point of beginning,

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containing 82.8 acres, more or less. (Basis of bearings: the South line of Section 21 as being North 90°0’ East). The location of the subject water rights are shown on the map attached as Exhibit A. (2.4) Source: Surface water tributary to St. Vrain Creek. Date of appropriation: June 13, 1979. (2.5) Amount: 200 AF, conditional. (2.6) Uses: Agricultural, including leasing to others for irrigation use; industrial, including use in mining, washing and processing sand and gravel; and recreational, including boating, fishing and fish propagation. (3) Detailed outline of activity during the diligence period: During the diligence period, Applicant has taken steps to diligently develop the subject water rights including, without limitation, the activities described in the list below. This list may be supplemented with additional evidence: (3.1) The Applicant acquired this conditional water right from LaFarge West, Inc. in 2011. (3.2) The Frontier-Lyons Reservoir will result from sand and gravel mining. During the beginning of the diligence period, the mine site was inactive due to poor economic conditions in the sand and gravel mining industry. (3.3) Nonetheless, throughout the diligence period, the Applicant has maintained existing permits applicable to the mine site, including its permit with the U.S. Army Corps of Engineers. In connection with this permit, the Applicant performed vegetation management at the mine site and adjacent areas at a cost of approximately $6,000 to $8,000 annually. (3.4) The Applicant also maintained its Colorado Discharge Permit and applied for and obtained a modification to that Permit from Colorado Department of Health and the Environment in 2015. (3.5) In connection with the Applicant’s Special Use Permit with Boulder County, the Applicant performed water quality monitoring activities at a cost of approximately $4,500 annually. (3.6) The Applicant maintained its existing permit from the Colorado Division of Reclamation, Mining, and Safety by maintaining a bond of $1,684,500 at a cost of $6,738 annually and paying a permit fee of approximately $800 annually. The Applicant also applied for and obtained from the Division approval of revisions to its reclamation plan in 2012. (3.7) The Applicant expended approximately $42,500.00, manpower, and time to remediate the site, ditches that will be used to fill the Reservoir, and adjacent properties following the 2013 flood. (4) The land on which the subject structures are located, on which the water will be stored, or on which water will be placed to beneficial use is owned by: (4.1) Applicant. (4.2) County of Boulder, Colorado, c/o Director, Boulder County Parks and Open Space, 5201 St. Vrain Road, Longmont, Colorado 80503 and Boulder County Attorney’s Office, P.O. Box 471, Boulder, Colorado 80306. (4.3) Cemex, c/o Shane Wilson, 5134 Ute Road, Longmont, Colorado 80503. AMENDMENTS 12CW296 Town of Castle Rock, Mark Marlowe, Utilities Director, 175 Kellogg Court, Castle Rock, Colorado 80109. (303) 660-1015. (Jeffrey J. Kahn, Madoline Wallace-Gross, Lyons Gaddis Kahn Hall Jeffers Dworak & Grant P.C., P.O. Box 978, Longmont, CO 80502-0978. (303) 776-9900.) Applicant’s Second Amended Application for Conditional Rights of Appropriative Exchange and Surface Water Rights in DOUGLAS AND JEFFERSON COUNTIES. 2. Purpose of Amendment: The original application in this case sought conditional exchanges to structures, including wells with lagged depletions. The first amended application added a claim for a plan for augmentation and added a claim for additional conditional exchanges. The purposes of this second amended application are: 2.1. To withdraw the claimed plan for augmentation; 2.2. To withdraw certain claimed exchanges; 2.3. To legally describe certain upstream termini for the claimed exchanges; 2.4. To remove certain upstream termini from the claimed exchanges; 2.5. To remove certain sources of substitute supply from the claimed exchanges; 2.6. To add claims for conditional surface water rights; and 2.7. To add a claim for an additional exchange. 3. Structures in this Application: Unless specified herein, all structures are located in Douglas County, Colorado. 3.1. Castle Pines Diversion Point S-1: Located in SE1/4 SW1/4 Section 21, T. 7 S., R. 67 W., 6th P.M., 20 feet from the south section line and 1530 feet from the west section line, decreed in Case No. 04CW292. 3.2. Castle Pines Diversion Point S-2: Located in NE1/4 SW1/4 Section 20, T. 7 S., R. 67 W., 6th P.M., 2540 feet from the south section line and 2590 feet from the west section line, decreed in Case No. 04CW292. 3.3. Castle Rock Surface Diversion No. 1: Located in the SW1/4 NW1/4 of Section 2, T. 8 S., R. 67 W., 6th P.M. 2083 feet from the north section line and 1086 feet from the west section line. 3.4. Castle Rock Surface Diversion No. 2: Located in the SW1/4 SW1/4 Section 21, T. 7 S., R. 67 W.,

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6th P.M., 791 feet from the south section line and 45 feet from the west section line. 3.5. Castle Rock Surface Diversion No. 3: Located in NW1/4 SE1/4 Section 20, T. 7 S., R. 67 W., 6th P.M., 1602 feet from the south section line and 1678 feet from the east section line. 3.6. Plum Creek Diversion: Located in the NE1/4 SE1/4 of Section 15, T. 7 S., R. 68 W., 6th P.M. 760 feet from the east section line and 1672 feet from the south section line. 3.7. Chatfield Reservoir: An existing on-channel reservoir formed by Chatfield Dam located on the mainstem of the South Platte River. The right abutment of the dam is located in Douglas County, in Sections 6 and 7, T. 6 S., R. 68 W. of the 6th P.M. The left abutment of the dam is located in Jefferson County, in Section 1, T. 6 S., R. 69 W. of the 6th P.M. 3.8. Plum Creek Water Reclamation Authority (“PCWRA”) Wastewater Treatment Plant Outfall: Located in SW1/4 SW1/4 Section 21, T. 7 S., R. 67 W., 6th P.M., 770 feet from the south section line and 100 feet from the west section line. 3.9. Plum Creek Reservoir Outlet: Located in the NW1/4, SW1/4, Section 20, T. 7 S., R. 67 W., 6th P.M., 2,500 feet from the south section line, 500 feet from the west section line. CONDITIONAL RIGHTS OF APPROPRIATIVE EXCHANGE 4. Descriptions of Conditional Exchanges: In the original application, Applicant sought the following five conditional rights of appropriative exchange, which are depicted on the map attached hereto as EXHIBIT A. Applicant is amending these exchanges as described below. 4.1. Chatfield Reservoir to Castle Rock Surface Diversion No. 1 Exchange; 4.2. Chatfield Reservoir to Castle Rock Well No. 181 Exchange; 4.3. Confluence of East and West Plum Creeks to Castle Pines Diversion Point S-1 Exchange; 4.4. Plum Creek Water Reclamation Authority Wastewater Treatment Outfall to Castle Pines Diversion Point S-1 Exchange; and 4.5. Plum Creek Reservoir Outlet to Castle Pines Diversion Point S-1 Exchange. 5. Chatfield Reservoir to Castle Rock Surface Diversion No. 1 Exchange. 5.1. Downstream Terminus: Chatfield Reservoir described in paragraph 3.7 herein. 5.2. Upstream Termini: Plum Creek Diversion, Castle Pines Diversion Points S-1 and S-2 and Castle Rock Surface Diversion Nos. 1, 2 and 3 described in paragraphs 3.1 to 3.6 herein. 5.3. Sources of Substitute Supply: Any water or water rights owned, leased or otherwise available to Applicant and lawfully stored in Chatfield Reservoir, including but not limited to the following: 5.3.1. Effluent: Applicant’s effluent discharged from the PCWRA Outfall and stored in Chatfield Reservoir. Such effluent includes effluent derived from any fully-consumable, reusable source, including, but not limited to, non-tributary groundwater, fully-augmented not non-tributary groundwater, fully-augmented tributary water and deliveries from the Water Infrastructure System Efficiency (“WISE”) project. 5.3.2. Storage Right: 2,000 acre-feet, conditional, of water stored in priority pursuant to Applicant’s Chatfield Reservoir storage water right, which was decreed for all municipal uses in Case No. 89CW169, District Court, Water Division No. 1, entered on July 25, 1991, with an appropriation date of November 6, 1989. 5.3.3. Consumptive Use Credits: Consumptive use credits stored in Chatfield Reservoir pursuant to Applicant’s decree in Case No. 09CW166, District Court, Water Division No. 1, as described below. A. Consumptive Use Credits Associated with High Line Ditch Water Rights: Applicant owns 1.665 cfs of 20.0 cfs of the High Line Ditch water rights, which are described below. i. Original Adjudication: District Court, Douglas County, entered December 10, 1883. ii. Legal Description: NE1/4 NE1/4 § 4, T9S, R67W of the 6th P.M. iii. Source: East Plum Creek, tributary to South Platte River. iv. Appropriation Dates and Amounts:

Priority Appropriation Dates

Decreed Amounts (cfs/absolute)

Applicant’s Ownership (cfs)

57 September 1, 1871 3.52 0.585 73 June 30, 1873 1.4 0.233 102 June 30, 1878 15.08 0.848 TOTAL 20.0 1.665

v. Use: Irrigation. vi. Previous Change Decrees for Applicant’s Interest in the High Line Ditch Water Rights: In Case No. 81CW49, Applicant’s interest in the High Line Ditch water rights was quantified and the point of diversion changed to six alternate points of diversion for direct use for irrigation. In Case No. 95CW114 Applicant’s interest in the High Line Ditch water rights was further changed to allow for irrigation, storage and augmentation uses. In Case No. 00CW78, Applicant’s interest in the High Line Ditch water rights was further changed to allow use for augmentation purposes for Castle Rock Well No.

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205. In Case No. 09CW166, Applicant changed its interest in the High Line Ditch water rights to allow for all municipal, industrial, exchange and replacement uses and obtained the ability to store these water rights in Chatfield Reservoir. vii.Historical Use of Applicant’s Interest: The historical consumptive use of Applicant’s interest in the High Line Ditch water rights was quantified by the Water Court in Case No. 81CW49. B. Consumptive Use Credits Associated with Noe Ranch Water Rights: Applicant’s Noe Ranch water rights consist of water rights decreed to the Cook Creek Ditch and the Hillside Ditch. i. Cook Creek Ditch: 3.8 cfs of the Cook Creek Ditch water right. a) Original Adjudication: District Court, Douglas County, entered December 10, 1883. b) Legal Description: SE1/4 NW1/4 § 16, T10S, R67W of the 6th P.M. c) Source: Cook Creek, tributary to East Plum Creek and South Platte River. d) Appropriation Date: June 30, 1870; Priority No. 48. e) Original Amount: 3.8 cfs, absolute. f) Use: Irrigation. ii. Hillside Ditch: 3.65 cfs of the Hillside Ditch Water right. a) Original Adjudication: District Court, Douglas County, entered December 10, 1883. b) Legal Description: SE1/4 SW1/4 § 16, T10S, R67W of the 6th P.M. c) Source: Cook Creek, tributary to East Plum Creek and South Platte River. d) Appropriation Date: July 1, 1881; Priority No. 128. e) Original Amount: 3.65 cfs, absolute. f) Use: Irrigation. iii. Previous Change of Applicant’s interest in the Noe Ranch Water Rights: In Case No. 87CW240, Applicant’s Noe Ranch water rights were quantified and changed to use for irrigation, municipal, industrial, storage, augmentation, exchange and replacement purposes. Alternate points of diversion were also approved for these water rights at 18 wells and a surface diversion and a plan for augmentation was approved to utilize the historical consumptive use credits to replace out-of-priority depletions from such wells. In Case No. 09CW166, Applicant was granted the ability to store these water rights in Chatfield Reservoir. iv. Historical Use of Applicant’s Interest: The consumptive use attributable to Applicant’s interest in the Noe Ranch water rights was quantified in Case No. 87CW240. C. Consumptive Use Credits Associated with Douglas Park Water Rights: Applicant’s Douglas Park water rights consist of water rights decreed to the Benjamin Quick Ditch, the John Kinner Ditch, the John Kinner Ditch No. 2 and the Huntsville Ditch. i. Benjamin Quick Ditch: 3.8 cfs of the Benjamin Quick Ditch water right. a) Original Adjudication: District Court, Douglas County, entered December 10, 1883. b) Legal Description: SW1/4 NE1/4 § 34, T9S, R68W of the 6th P.M. Note the actual point of diversion is in § 24, and Applicant believes that this was a clerical error in the original case. c) Source: West Plum Creek, tributary to the South Platte River. d) Appropriation Date: June 15, 1866; Priority No. 24. e) Original Amount: 3.8 cfs, absolute. f) Use: Irrigation. ii. John Kinner Ditch: 3.52 cfs of the John Kinner Ditch water right. a) Original Adjudication: District Court, Douglas County, entered December 10, 1883. b) Legal Description: SW1/4 NW1/4 § 13, T9S, R68W of the 6th P.M. c) Source: West Plum Creek, tributary to the South Platte River. d) Appropriation Date: March 1, 1868; Priority No. 38. e) Original Amount: 3.52 cfs, absolute. f) Use: Irrigation. iii. John Kinner No. 2 Ditch: 3.52 cfs of the John Kinner No. 2 Ditch water right. a) Original Adjudication: District Court, Douglas County, entered March 3, 1890. b) Legal Description: SW1/4 NW1/4 § 13, T9S, R68W of the 6th P.M. c) Source: West Plum Creek, tributary to the South Platte River. d) Appropriation Date: April 1, 1885; Priority No. 150. e) Original Amount: 3.52 cfs, absolute. f) Use: Irrigation. iv. Huntsville Ditch: 4.0 cfs of the Huntsville Ditch water right. a) Original Adjudication: District Court, Douglas County, entered December 10, 1883. b) Legal Description: NE1/4 SW1/4 § 24, T9S, R68W of the 6th P.M. c) Source: West Plum Creek, tributary to the South Platte River. d) Appropriation Date: March 1, 1880. e) Original Amount: 9.12 cfs, absolute, reduced by 5.12 cfs to 4.0 cfs in Case No. W-5729, described below. f) Use: Irrigation. v. Previous Change Decrees for Applicant’s Interest in the Douglas Park Water Rights: In Case No. W-5729, the point of diversion for Applicant’s interest in the Douglas Park water rights was changed to wells and 5.12 cfs of 9.12 cfs of the Huntsville Ditch water right was abandoned. In Case No. 87CW309, Applicant’s interest in the Douglas Park water rights was quantified and changed to use for municipal and industrial purposes, including storage for later use, and augmentation, exchange and replacement purposes within Applicant’s municipal limits. The Court also approved use of the consumptive use credits to replace out-of-priority depletions from Applicant’s wells and storage of the remaining consumptive use credits in Chatfield Reservoir. In Case No. 09CW166, Applicant confirmed the ability to store these water rights in Chatfield Reservoir. vi. Historical Use of Applicant’s Interest: The consumptive use attributable to Applicant’s interest in the

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Douglas Park water rights was quantified in Case No. 87CW309. D. Consumptive Use Credits Associated with Applicant’s Ball Ditch Water Right: Applicant owns 0.1429 cfs of 3.0 cfs of the Ball Ditch water right, which is described below. i. Original Adjudication: District Court, Douglas County, entered December 10, 1883. ii. Legal Description: NW1/4 NW1/4 § 26, T8S, R68W of the 6th P.M. iii. Source: West Plum Creek, tributary to South Platte River. iv. Appropriation Date: April 19, 1872; Priority No. 59. v. Original Amount: 3.0 cfs, absolute. vi. Use: Irrigation. vii. Previous Change Decree for Applicant’s Interest in the Ball Ditch Water Right: In Case No. W-7604-74, an alternate point of diversion for Applicant’s interest in the Ball Ditch water right was approved at the Hounshell Sump No. 1 for irrigation use. The Court found that the water right had historically irrigated 10.75 acres. viii. Historical Use of Applicant’s Interest: In Case No. 09CW166, Applicant quantified and changed Applicant’s interest in the Ball Ditch water right to all municipal, industrial, exchange and replacement uses and for storage in Chatfield Reservoir. 5.4 Amount of Exchange: 15 c.f.s., conditional. 5.5 Date of Initiation of Appropriation: December 18, 2012. 5.5.1 How Appropriation was Initiated: By forming the requisite intent; by posting a notice and an agenda of Town Council’s special meeting; by passing a resolution authorizing the appropriation; and by filing this application. 5.5.2 Date Applied to Beneficial Use: Not applicable. 5.6 Proposed Uses of Exchanged Water: Direct use or storage for municipal, augmentation, replacement and exchange. 6. Chatfield Reservoir to Castle Rock Well No. 181 Exchange. This claim has been withdrawn. 7. Confluence of East and West Plum Creeks to Castle Pines Diversion Point S-1 Exchange. 7.1 Downstream Terminus: Confluence of East and West Plum Creeks in the SW1/4 NE1/4 Section 23, T. 7 S., R. 68 W., 6th P.M. 7.2 Upstream Termini: Castle Pines Diversion Points S-1 and S-2 described in paragraphs 3.1 to 3.2 herein. 7.3 Sources of Substitute Supply: 7.3.1. Consumptive Use Credits from Douglas Park Water Rights described in paragraph 5.3.3.C. 7.3.2 Consumptive Use Credit from Ball Park Water Right described in paragraph 5.3.3.D. 7.4 Amount of Exchange: 2.09 c.f.s., conditional. 7.5 Date of Initiation of Appropriation: December 18, 2012. 7.5.1 How Appropriation was Initiated: By forming the requisite intent; by posting a notice and an agenda of Town Council’s special meeting; by passing a resolution authorizing the appropriation; and by filing this application. 7.5.2 Date Applied to Beneficial Use: Not applicable. 7.6 Proposed Uses of Exchanged Water: Direct use or storage for municipal, augmentation, replacement and exchange. 8. Plum Creek Water Reclamation Authority Treatment Wastewater Treatment Outfall to Castle Pines Diversion Point S-1 Exchange. 8.1 Downstream Terminus: PCWRA Outfall described in paragraph 3.8 herein. 8.2 Upstream Terminus: Castle Pines Diversion Point S-1 described in paragraph 3.1 herein. 8.3 Sources of Substitute Supply: Applicant’s effluent discharged from PCWRA Outfall. Such effluent includes effluent derived from any fully-consumable, reusable source, including, but not limited to, non-tributary groundwater, fully-augmented not non-tributary groundwater, fully-augmented tributary water and deliveries from the WISE project. 8.4 Amount of Exchange: 10.8 c.f.s., conditional. 8.5 Date of Initiation of Appropriation: December 18, 2012. 8.5.1 How Appropriation was Initiated: By forming the requisite intent; by posting a notice and an agenda of Town Council’s special meeting; by passing a resolution authorizing the appropriation; and by filing this application. 8.5.2 Date Applied to Beneficial Use: Not applicable. 8.6 Proposed Uses of Exchanged Water: Direct use or storage for municipal, augmentation, replacement and exchange. 9. Plum Creek Reservoir Outlet to Castle Pines Diversion Point S-1 Exchange. 9.1 Downstream Terminus: Plum Creek Reservoir Outlet described in paragraph 3.9 herein. 9.2 Upstream Terminus: Castle Pines Diversion S-1 and Castle Pines Diversion S-2 described in paragraphs 3.1 and 3.2. 9.3 Source of Substitute Supply: Any water or water rights owned, leased or otherwise available to Applicant and lawfully stored in Plum Creek Reservoir, including but not limited to the following: 9.3.1. Effluent described in paragraph 8.3 herein. 9.3.2. Consumptive use credits described in paragraph 5.3.3. herein. 9.4 Amount of Exchange: 15 c.f.s., conditional. 9.5 Date of Initiation of Appropriation: December 18, 2012. 9.5.1. How Appropriation was Initiated: By forming the requisite intent; by posting a notice and an agenda of Town Council’s special meeting; by passing a resolution authorizing the appropriation; and by filing this application. 9.5.2. Date Applied to Beneficial Use: Not applicable. 9.6. Proposed Uses of Exchanged Water: Direct use or storage for municipal, augmentation, replacement and exchange. 10. Conditional Rights of Appropriative Exchange. In addition to the exchanges described in paragraphs 4

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through 9, Applicant sought the following four exchanges in the first amended application. A map showing the location of the exchanges is attached as EXHIBIT A. 10.1. Confluence of East and West Plum Creeks to Castle Rock Surface Diversion No. 1 Exchange; 10.2. Confluence of East and West Plum Creeks to Castle Rock Well No. 181 Exchange; 10.3. Plum Creek Water Reclamation Authority Wastewater Treatment Outfall to Castle Rock Surface Diversion No. 1 Exchange; and 10.4. Plum Creek Reservoir Outlet to Castle Rock Surface Diversion No. 1 Exchange. 11. Confluence of East and West Plum Creeks to Castle Rock Surface Diversion No. 1 Exchange. 11.1. Downstream Terminus: Confluence of East and West Plum Creeks in the SW1/4 NE1/4 Section 23, T. 7 S., R. 68 W., 6th P.M. 11.2. Upstream Termini: Castle Rock Surface Diversion Nos. 1, 2 and 3 described in paragraph 3.3 to 3.5. 11.3 Sources of Substitute Supply: Consumptive use credits associated with Douglas Park and Ball Ditch water rights described in paragraph 5.3.3.C. and 5.3.3.D. 11.4. Amount of Exchange: 2.09 c.f.s., conditional. 11.5. Date of Initiation of Appropriation: August 20, 2013. 11.6. How Appropriation was Initiated: By forming the requisite intent; by posting a notice and an agenda of Town Council’s meeting; by passing a resolution authorizing the appropriation; and by filing this application. 11.7. Date Applied to Beneficial Use: Not applicable. 11.8. Proposed Uses of Exchanged Water: Direct use or storage for municipal, augmentation, replacement and exchange. 12. Confluence of East and West Plum Creeks to Castle Rock Well No. 181 Exchange. This claim has been withdrawn. 13. Plum Creek Water Reclamation Authority Wastewater Treatment Outfall to Castle Rock Surface Diversion No. 1 Exchange. 13.1. Downstream Terminus: PCWRA Outfall described in paragraph 3.8 herein. 13.2. Upstream Termini: Castle Rock Surface Diversion No. 1 described in paragraph 3.3 herein. 13.3. Source of Substitute Supply: Effluent described in paragraph 8.3. herein. 13.4. Amount of Exchange: 10.8 c.f.s., conditional. 13.5. Date of Initiation of Appropriation: August 20, 2013. 13.6. How Appropriation was Initiated: By forming the requisite intent; by posting a notice and an agenda of Town Council’s meeting; by passing a resolution authorizing the appropriation; and by filing this application. 13.7. Date Applied to Beneficial Use: Not applicable. 13.8. Proposed Uses of Exchanged Water: Direct use or storage for municipal, augmentation, replacement and exchange. 14. Plum Creek Reservoir Outlet to Castle Rock Surface Diversion No. 1 Exchange. 14.1. Downstream Terminus: Plum Creek Reservoir Outlet described in paragraph 3.9 herein. 14.2. Upstream Termini: Castle Rock Surface Diversion Nos. 1, 2, and 3 described in paragraphs 3.3 to 3.5 herein. 14.3. Sources of Substitute Supply: Any water or water rights owned, leased or otherwise available to Applicant and stored in Plum Creek Reservoir, including but not limited to the following: 14.3.1. Effluent described in paragraph 8.3. 14.3.2. Consumptive use credits attributable to water rights described in paragraph 5.3.3. 14.4. Amount of Exchange: 15.0 c.f.s., conditional. 14.5. Date of Initiation of Appropriation: August 20, 2013. 14.6. How Appropriation was Initiated: By forming the requisite intent; by posting a notice and an agenda of Town Council’s meeting; by passing a resolution authorizing the appropriation; and by filing this application. 14.7. Date Applied to Beneficial Use: Not applicable. 14.8. Proposed Uses of Exchanged Water: Direct use or storage for municipal, augmentation, replacement and exchange. CONDITIONAL SURFACE WATER RIGHTS 15. Castle Rock Surface Diversion No. 1. 15.1. Legal Description of Structure: Castle Rock Surface Diversion No. 1 described in paragraph 3.3 herein. 15.2. Source: East Plum Creek. 15.3. Amount Claimed: 30.0 c.f.s., conditional. 15.4. Date of Appropriation: August 31, 2015. 15.5. How Appropriation was Initiated: By forming the requisite intent; by adopting a resolution; and by filing this application. 15.6. Date Applied to Beneficial Use: Not applicable. 15.7. Proposed Uses: Direct use or storage for municipal, augmentation, replacement and exchange, with the right to use, reuse and successively use the return flows to extinction. 15.8. Comments: Applicant intends to fully-consume this surface water right, and Applicant is appropriating the return flows generated from the surface water right. 16. Castle Rock Surface Diversion No. 2. 16.1. Legal Description of Structure: Castle Rock Surface Diversion No. 2 described in paragraph 3.4 herein. 16.2. Legal Descriptions of Alternate Points of Diversion: 16.2.1. Castle Rock Surface Diversion No. 3 described in paragraph 3.5. 16.2.2. Castle Pines Diversion Point S-1 described in paragraph 3.1. 16.2.3. Castle Pines Diversion Point S-2 described in paragraph 3.2. 16.3. Source: East Plum Creek. 16.4. Amount Claimed: 30.0 c.f.s., conditional, cumulative with all alternate points of diversion. 16.5. Date of Appropriation: August 31, 2015. 16.6. How Appropriation was

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Initiated: By forming the requisite intent; adopting a resolution; and by filing this application. 16.7. Date Applied to Beneficial Use: Not applicable. 16.8. Proposed Uses: Direct use or storage for municipal, augmentation, replacement and exchange, with the right to use, reuse and successively use the return flows to extinction. 16.9. Comments: Applicant intends to fully-consume this surface water right, and Applicant is appropriating the return flows generated from the surface water right. CONDITIONAL RIGHTS OF APPROPRIATIVE EXCHANGE 17. Chatfield Reservoir/ Plum Creek Water Reclamation Authority to Castle Rock Surface Diversion No. 1 Exchange. 17.1. Downstream Termini: Chatfield Reservoir and PCWRA Outfall described in paragraphs 3.7 and 3.8 herein. 17.2. Upstream Termini: Plum Creek Diversion, Castle Pines Diversion Points S-1 and S-2 and Castle Rock Surface Diversion Nos. 1, 2 and 3 described in paragraphs 3.1 to 3.6 herein. 17.3. Sources of Substitute Supply: See sources described in paragraphs 5.3, 15 and 16 herein. 17.4. Amount of Exchange: 15 c.f.s., conditional. 17.5. Date of Initiation of Appropriation: August 31, 2015. 17.5.1. How Appropriation was Initiated: By forming the requisite intent; and by filing this application. 17.5.2. Date Applied to Beneficial Use: Not applicable. 17.6. Proposed Uses of Exchanged Water: Direct use or storage for municipal, augmentation, replacement and exchange. 18. Owners of Land upon which Structures are Located. 18.1. Castle Rock Surface Diversion Nos. 1 and 2 are located on land owned by Applicant. 18.2. Castle Pines Diversion Point S-1 and the Plum Creek Water Reclamation Authority Outfall are located on land owned by Douglas County Board of County Commissioners, 100 Third Street, Castle Rock, CO 80104. 18.3. Castle Pines Diversion Point S-2, Castle Rock Surface Diversion No. 3, and the Plum Creek Reservoir Outlet are located on land owned by Plum Creek Water Reclamation Authority, 5880 Country Club Drive, Castle Rock, CO 80108. 18.4. Chatfield Reservoir is located on land owned by U.S. Army Corps of Engineers, 9307 S. Wadsworth Blvd., Littleton, CO 80128. 18.5. Plum Creek Diversion is owned by United Water and Sanitation District, 8301 E. Prentice Ave. Suite 120, Greenwood Village CO 80111. WHEREFORE, Applicant respectfully requests the Court enter a decree approving Applicant’s conditional water rights as described herein. 14CW3176 CITY OF FORT COLLINS, John Stokes, Director of Natural Areas Department, 1745 Hoffman Mill Road (80524), P.O. Box 580, Fort Collins, CO 80522. Attorneys for Applicant: Stuart B. Corbridge, Geoffrey M. Williamson, Leila C. Behnampour, Vranesh and Raisch LLP, 1720 14th Street, Suite 200, Boulder, CO 80302. FIRST AMENDED APPLICATION FOR CHANGES OF WATER RIGHTS, ABSOLUTE WATER RIGHTS, INCLUDING STORAGE OF SURFACE AND GROUND WATER, APPROVAL OF PLAN FOR AUGMENTATION, AND CONDITIONAL APPROPRIATIVE RIGHTS OF SUBSTITUTION AND EXCHANGE IN LARIMER COUNTY. 1. In its original application, Fort Collins requested approval of: (1) changes of water rights for Fort Collins’ portion of the water right decreed to the John G. Coy Ditch and the water rights represented by Fort Collins’ shares in the Box Elder Ditch Company; (2) absolute water rights for several off-channel unlined ponds that are reclaimed gravel mining pits, including the right to store surface and ground water; and (3) a plan for augmentation to replace the out-of-priority depletions that occur from Fort Collins’ ownership and use of those ponds. In this First Amended Application, Fort Collins amends its original claims to: (1) add additional alternate points of diversion for the requested changes of water rights; (2) add a request for approval of conditional appropriative rights of substitution and exchange; (3) add additional sources of replacement water to the plan for augmentation; and (4) amend the description of the plan for augmentation to address the replacement of out-of-priority depletions that may occur from periodic dewatering operations conducted by Fort Collins in some of the pond structures identified in the plan. Fort Collins continues its claims for approval of changes of water rights for its portion of the Coy Ditch water right and water rights represented by Fort Collins’ Box Elder Ditch shares, and its claims for absolute water rights. This First Amended Application includes a complete statement of the claims sought by Fort Collins in this matter, and it replaces the original application in its entirety. APPLICATION FOR CHANGES OF WATER RIGHTS. 2. Decreed water rights for which change is sought: a. John G. Coy Ditch. i. Name of structure: John G. Coy Ditch (also known as the “Coy Ditch”). ii. Date of original and all relevant subsequent decrees: The water right for the Coy Ditch was

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originally decreed by the Larimer County District Court on April 11, 1882, in Civil Action No. 320, having priority of appropriation No. 13 in Water District No. 3 of the State of Colorado. Paragraph 4 below describes decreed changes of other interests in the Coy Ditch that are not the subject of this application. iii. Legal description of structure: The decreed point of diversion for the Coy Ditch is from the Cache La Poudre River in the NW1/4 of Section 12, Township 7 North, Range 69 West, 6th P.M., Larimer County. iv. Decreed source of water: Cache La Poudre River. v. Appropriation date: April 10, 1865. vi. Total amount decreed to structure: 31.63 c.f.s., ABSOLUTE. vii. Amount that Fort Collins intends to change: Fort Collins’ undivided fifty percent (50%) interest in the 31.63 c.f.s. Fort Collins’ undivided fifty percent interest in the Coy Ditch will hereinafter be referred to as “Fort Collins’ Coy Ditch Water Right.” viii. Decreed uses: Irrigation, mechanical and domestic. b. Box Elder Ditch i. Name of structure: Box Elder Ditch. ii. Date of original and all relevant subsequent decrees: The water rights for the Box Elder Ditch were originally decreed by the Larimer County District Court on April 11, 1882 in Civil Action No. 320, having Priority No. 15, by construction of the Box Elder Ditch; Priority No. 23, by first enlargement and extension of the Box Elder Ditch; and Priority No. 30, by second enlargement of the Box Elder Ditch. Paragraph 4 below describes decreed changes of other interests in the Box Elder Ditch that are not the subject of this application. iii. Legal description of structure: 1. The point of diversion for the Box Elder Ditch was described in the decree entered in Civil Action 320 as being located on the south side of the Cache La Poudre River in the SE1/4 of Section 20, Township 7 North, Range 68 West, 6th P.M., Larimer County. 2. The actual location of the headgate is on the south bank of the Cache La Poudre River in the SW1/4 of the SE1/4 of the NE1/4 of Section 20, Township 7 North, Range 68 West, 6th P.M., Larimer County, as most recently described in the decrees entered in Case Nos. 09CW30, 00CW166, and 92CW165. iv. Decreed source of water: Cache La Poudre River. v. Appropriation dates and total amounts decreed absolute to structure:

Box Elder Ditch Water Rights Structure Name Appropriation Date Decreed Amount Box Elder Ditch March 1, 1866 32.5 c.f.s. Box Elder Ditch Enl. May 25, 1867 8.33 c.f.s. Box Elder Ditch Enl. #2 July 1, 1868 11.93 c.f.s.

vi. Amount that Fort Collins intends to change: Fort Collins seeks to change its pro rata share of the water rights decreed to the Box Elder Ditch based upon its ownership of five shares of the 64 outstanding shares in the Box Elder Ditch Company. The water rights associated with Fort Collins’ five shares will hereinafter be referred to as “Fort Collins’ Box Elder Ditch Water Rights.” vii. Decreed use: Irrigation. Fort Collins’ Coy Ditch Water Right and Fort Collins’ Box Elder Ditch Water Rights will collectively be referred to as the “Ditch Water Rights.” 3. Detailed description of proposed changes: a. Description of historical use: i. Fort Collins’ Coy Ditch Water Right: Fort Collins’ Coy Ditch Water Right was historically used to irrigate approximately 107 acres of land (the “Hoffman Property”), the location of which is generally depicted on Exhibit C. Summaries of records of diversions of the Coy Ditch water right are depicted on Exhibit D. ii. Fort Collins’ Box Elder Ditch Water Rights: Fort Collins’ Box Elder Ditch Water Rights were historically used to irrigate two parcels of land. Four of five Fort Collins’ shares in the Box Elder Ditch Company were used to irrigate approximately 208 acres of land (“Arapahoe Bend Property”), the location of which is generally depicted on Exhibit E. The remaining share was used along with other Box Elder Ditch Company shares to irrigate approximately 190 acres of land (the “Swift Property”), the location of which is generally depicted on Exhibit E. Summaries of records of diversions of the Box Elder Ditch water rights are depicted on Exhibit F. b. Change in point of diversion: Fort Collins is not changing the point of diversion for Fort Collins’ Box Elder Ditch Water Rights, and will continue to divert those rights at the Box Elder Ditch headgate described in Paragraph 2(b)(3). Fort Collins may continue to divert and/or account for its diversion entitlements for the Fort Collins’ Coy Ditch Water Right at the location of the decreed point of diversion described in Paragraph 2(a)(3) (also referred to as the Fort Collins Power Plant Dam), but also seeks approval to divert the Fort Collins’ Coy Ditch Water Right from the Cache La Poudre River at one or more of the following alternate points of diversion: i. Cache La Poudre Reservoir Inlet Canal (aka “Timnath Inlet Canal”), headgate located on the

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north bank of the Cache La Poudre River in the NW1/4 of the SW1/4 of the NE1/4 of Section 18, Township 7 North, Range 68 West, 6th P.M., Larimer County. ii. Greeley Canal No. 2, headgate located on the north bank of the Cache La Poudre River in the SW1/4 of the SE1/4 of the NE1/4 of Section 11, Township 6 North, Range 68 West, 6th P.M., Larimer County. iii. Fossil Creek Reservoir Inlet Ditch (“FCRID”), headgate located on the Cache La Poudre River, in the NE1/4 of the NE1/4 of the SE1/4 of Section 20, Township 7 North, Range 68 West, 6th P.M., Larimer County. iv. Box Elder Ditch, headgate located on the south bank of the Cache La Poudre River in the SW1/4 of the SE1/4 of the NE1/4 of Section 20, Township 7 North, Range 68 West, 6th P.M., Larimer County. v. Rigden Diversion Pump Station, located in the SW1/4 of the SW1/4 of Section 27, Township 7 North, Range 68 West, 6th P.M., Larimer County. vi. Rigden Inflow-Outflow Spillway, located in the SW1/4 of the SW1/4 of Section 27, Township 7 North, Range 68 West, 6th P.M., Larimer County. c. Change of type and place of use: Fort Collins will use the Box Elder Ditch Water Rights for continued irrigation use in the Box Elder Ditch system, and will use the Ditch Water Rights within Fort Collins’ service area as it now exists (as generally depicted on Exhibit G) or may from time to time be expanded, either directly or by exchange, for all municipal uses, including but not limited to domestic, irrigation (including, without limitation, agricultural irrigation), storage, commercial, industrial, hydroelectric power generation, stock watering, recreation, fish and wildlife propagation and maintenance, environmental mitigation and restoration, and both within and outside of its existing and future service area for augmentation, replacement, substitution, and exchange. Fort Collins will also use the Ditch Water Rights to serve water users located within and outside of Fort Collins’ current and future service area with whom Fort Collins has contracts to deliver water from its water system, and pursuant to contract exchanges, leases, or water trades made by mutual agreement with other water users, for the beneficial uses described above, and for any other uses described in the contracts, contract exchanges, leases, or mutual agreements. In addition, Fort Collins seeks approval to use the Ditch Water Rights for instream flow use exclusively by the Colorado Water Conservation Board pursuant to an agreement with the Colorado Water Conservation Board. Fort Collins seeks entry of a decree for the Ditch Water Rights that authorizes the right to use, reuse, successively use, and dispose of the water to extinction, subject to replacement of the historical irrigation return flows as needed to prevent injury to other water rights. When the Ditch Water Rights are used for municipal purposes, Fort Collins will maintain dominion and control over both the sewered and the non-sewered return flows resulting from this use using the accounting methodology set forth in the decree entered in Case No. 92CW129. d. Change to include storage: The Ditch Water Rights may also be stored at the following structures and subsequently released for the uses described in Paragraph 3(c): i. Fossil Creek Reservoir, located in portions of Sections 9, 10, 15, 16, and 17, Township 6 North, Range 68 West, 6th P.M., Larimer County. Deliveries to Fossil Creek Reservoir will be made through diversions at the FCRID, described in Paragraph 3(b) above. ii. Rigden Reservoir, located in the SW1/4 of the SW1/4 of Section 27 and the SE1/4 of Section 28, Township 7 North, Range 68 West, 6th P.M., Larimer County. Deliveries to Rigden Reservoir will be made through diversions at the FCRID, the Box Elder Ditch, and the Rigden Diversion Pump Station described in Paragraph 3(b) above. Diversions through the FCRID will be delivered approximately 1.5 miles down-ditch from the headgate to an in-ditch structure where the water will be removed from the FCRID and delivered to Rigden Reservoir. Diversions through the Box Elder Ditch will be delivered approximately 2.1 miles down-ditch from the headgate to an in-ditch diversion structure where the water will be removed from the Box Elder Ditch and delivered to Rigden Reservoir. Diversions through the Rigden Diversion Pump Station will be made directly from the Cache La Poudre River into Rigden Reservoir. iii. Certain former gravel pits, located in the SW1/4 of Section 3, Township 6 North, Range 68 West of the 6th P.M., Larimer County. Deliveries to the former gravel pits will be made through diversions at the Box Elder Ditch, described in Paragraph 3(b) above. Diversions through the Box Elder Ditch will be delivered into the Arthur Lateral of the Box Elder Ditch and will be delivered approximately 3.9 miles down-ditch from headgate of the Box Elder Ditch to an in-ditch diversion structure where the water will be removed from the Arthur Lateral and delivered to the former gravel pits. iv. Timnath Reservoir (aka “Cache La Poudre Reservoir”), located in portions of Sections 23, 24, 25, and 26, Township 7 North, Range 68 West, 6th P.M., Larimer County. Deliveries to Timnath

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Reservoir will be made through diversions at the Cache La Poudre Reservoir Inlet Canal, and through diversions at the Greeley No. 2 Canal and internal trade, both diversion structures described in Paragraph 3(b) above. e. Historical return flows: In order to protect against injury to other water rights, Fort Collins will maintain return flows from the historical use of the Ditch Water Rights in time and amount at or above any calling water right with a priority date senior to December 31, 2014 located downstream of the historical location of return flows, but not when the calling right is junior to that date. By this application, Fort Collins appropriates the historical return flows from the Ditch Water Rights for the uses described in Paragraph 3(c) above, and claims the right to use the full divertible yield of the Ditch Water Rights, as changed herein, whenever the call is junior to December 31, 2014 from a water right located downstream of the location of the historical return flows. Return flows will be replaced using the sources of replacement water described in Paragraph 12. 4. Remarks: a. Coy Ditch. East Larimer County Water District (“ELCO”) owns the other fifty percent (50%) interest in the water right decreed to the Coy Ditch. The Decree entered in Case No. 09CW282, Water Division No. 1, approved a change of thirty-five percent (35%) interest in the water right for the Coy Ditch by ELCO. In the Decree entered in Case No. 13CW3166, ELCO changed its remaining fifteen percent (15%) interest in the water right for the Coy Ditch. b. Box Elder Ditch. Other parties have changed their interests in water rights decreed to the Box Elder Ditch in the following cases in Water Division No. 1: Case Nos. 88CW213, 90CW71, 92CW165, 94CW15, 00CW166, and 09CW30. In Case No. 94CW15, the Water Court for Water Division No. 1 approved a change of water right for three shares in the Box Elder Ditch Company owned by Louis F. Swift. The three shares were used in conjunction with one of Fort Collins’ shares on the Swift Property, described in Paragraph 3(a)(ii). APPLICATION FOR ABSOLUTE WATER RIGHTS, INCLUDING STORAGE OF SURFACE AND GROUND WATER 5. Names and legal descriptions of structures: a. Homestead Pond (aka “Woodward Pond”), located in the SE1/4 of the SE1/4 of Section 12, Township 7 North, Range 69 West, 6th P.M., Larimer County. b. Big Pond (aka “Prospect North Pond”), located in the S1/2 of Section 17, Township 7 North, Range 68 West, 6th P.M., Larimer County. c. Milne Ponds, (aka “Milne Pits”) located in the S1/2 of the SE1/4 of Section 17, Township 7 North, Range 68 West, 6th P.M., Larimer County. d. Artist Point Pond (aka “Wren Pits”), located in the E1/2 of the NE1/4 of Section 20, Township 7 North, Range 68 West, 6th P.M., Larimer County. e. Pelican Pond, located in the SE1/4 of the NE1/4 of Section 20, Township 7 North, Range 68 West, 6th P.M., Larimer County. f. Running Deer Pond (aka “Resource Recovery Farm”), located in the W1/2 of the SE1/4, the E1/2 of the SW1/4, and the SW1/4 of the NE1/4 of Section 21, Township 7 North, Range 68 West, 6th P.M., Larimer County. g. Shields Pit (aka “Topminnow Pond”), located in the NE1/4 of the NW1/4 of Section 33, Township 7 North, Range 68 West, 6th P.M., Larimer County. h. Port of Entry Pit, located in the E1/2 of Section 28 and the W1/2 of Section 27, Township 7 North, Range 68 West, 6th P.M., Larimer County. Fort Collins may rename some or all of the above-described structures. The structures described herein are all unlined former gravel mining pits that have been or are in the process of being reclaimed. They are off-channel structures that fill by ground water infiltration from the alluvium of the Cache La Poudre River and capture of surface runoff inflows. These structures do not have specific fill ditches or dams. These structures will hereinafter be referred to as the “Fort Collins Ponds.” Fort Collins claims the right to fill and continuously refill these structures in accordance with their priorities. 6. Source: Ground water and surface runoff inflows tributary to the Cache La Poudre River. 7. Dates of appropriation: a. Homestead Pond: January 15, 2014. This appropriation was initiated by Fort Collins’ purchase of the property upon which the Homestead Pond is located. Water has been applied to beneficial use since January 15, 2014. b. Big Pond: April 1, 1983. This appropriation was initiated by Fort Collins’ purchase of the property upon which Big Pond is located. Water has been applied to beneficial use since April 1, 1983. c. Milne Ponds: October 25, 1988. This appropriation was initiated by Fort Collins’ purchase of the property upon which East Milne Pond is located. Water has been applied to beneficial use since October 25, 1988. d. Artist Point Pond: September 16, 1996. This appropriation was initiated by Fort Collins’ purchase of the property upon which Artist Point Pond is located. Water has been applied to beneficial use since September 16, 1996. e. Pelican Pond: September 16, 1996. This appropriation was initiated by Fort Collins’ purchase of the property upon which Pelican Pond is located. Water has been

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applied to beneficial use since September 16, 1996. f. Running Deer Pond: October 2, 1979. This appropriation was initiated by Fort Collins’ purchase of the property upon which Running Deer Pond is located. Water has been applied to beneficial use since October 2, 1979. g. Shields Pit: February 21, 2014. This appropriation was initiated by Fort Collins’ purchase of the property upon which the Shields Pit is located. Water has been applied to beneficial use since February 21, 2014. h. Port of Entry Pit: July 15, 2014. This appropriation was initiated by Fort Collins’ purchase of the property upon which the Port of Entry Pit is located. Water has been applied to beneficial use since July 15, 2014. 8. Amount, Capacity and Estimated Maximum Surface Area: a. Homestead Pond: i. Amount: 6.12 acre feet, ABSOLUTE. ii. Total estimated capacity: 6.12 acre feet. iii. Surface area: 2.16 acres. b. Big Pond: i. Amount: 75.77 acre feet, ABSOLUTE. ii. Total estimated capacity: 75.77 acre feet. iii. Surface area: 38.25 acres. c. Milne Ponds: i. Amount: 35.26 acre feet, ABSOLUTE. ii. Total estimated capacity: 35.26 acre feet. iii. Surface area: 9.0 acres. d. Artist Point Pond: i. Amount: 10.50 acre feet, ABSOLUTE. ii. Total estimated capacity: 10.50 acre feet. iii. Surface area: 20.2 acres. e. Pelican Pond: i. Amount: 28.08 acre feet, ABSOLUTE. ii. Total estimated capacity: 28.08 acre feet. iii. Surface area: 9.0 acres. f. Running Deer Pond: i. Amount: 9.36 acre feet, ABSOLUTE. ii. Total estimated capacity: 9.36 acre feet. iii. Surface Area: 6.24 acres. g. Shields Pit: i. Amount: 148.83 acre feet, ABSOLUTE. ii. Total estimated capacity: 148.83 acre feet. iii. Surface Area: 24.23 acres. h. Port of Entry Pit: i. Amount: 38.9 acre feet, ABSOLUTE. ii. Total estimated capacity: 38.9 acre feet. iii. Surface Area: 17 acres. The surface areas and capacities described herein are estimates based on available information at the time of filing this first amended application. The actual surface areas at the high water line may be larger or smaller. For the purposes of this application, as amended, the Fort Collins Ponds are considered to have no dead capacity. 9. Uses: Recreation, aesthetic, fishing, maintenance of wildlife and wildlife habitat, including piscatorial use, preservation of wetland areas and plant species, storage, augmentation, replacement, substitution and exchange, evaporation, and maintenance of ponds as natural areas, including the right to fill and continuously refill as depletions occur in accordance with the priorities for the structures. The uses will occur at and around the location of the ponds, which are shown on Exhibit H, in the Cache La Poudre River pursuant to the rights of exchange described in Paragraphs 14-21, or in Rigden Reservoir and the Cache La Poudre River, as part of the plan for augmentation described herein. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION 10. Under the plan for augmentation claimed in this application, Fort Collins will replace out-of-priority depletions resulting from evaporation losses from the structures described in Paragraph 11, and will also replace other out-of-priority depletions that result from Fort Collins’ management of water levels in these structures, as described below. 11. Names of structures to be augmented and approximate maximum surface acres for determining evaporation loss augmentation amounts: The Fort Collins Ponds, which are described as follows: a. Homestead Pond, as described in Paragraph 5(a). i. 2.16 acres of exposed ground water. Of this amount, 0.7 acres were exposed prior to December 31, 1980. b. Big Pond, as described in Paragraph 5(b). i. 38.25 acres of exposed ground water. Of this amount, 7.0 acres were exposed prior to December 31, 1980. c. Milne Ponds, as described in Paragraph 5(c). i. 9.0 acres of exposed ground water. d. Artist Point Pond, as described in Paragraph 5(d). i. 20.2 acres of exposed ground water. e. Pelican Pond, as described in Paragraph 5(e). i. 9.0 acres of exposed ground water. Of this amount, 3.0 acres were exposed prior to December 31, 1980. f. Running Deer Pond, as described in Paragraph 5(f). i. 6.24 acres of exposed ground water. g. Shields Pit, as described in Paragraph 5(g). i. 24.23 acres of exposed ground water. h. Port of Entry Pit, as described in Paragraph 5(h). i. 17 acres of exposed ground water. 12. Water rights to be used for augmentation: Water attributable to the water rights described below may be delivered for augmentation by direct use, release from storage, or discharge from Fort Collins’ wastewater treatment facilities. a. The Ditch Water Rights described in Paragraphs 2(a) and 2(b) above. b. Arthur Irrigation Company shares, Larimer County Canal No. 2 Irrigating Company shares, New Mercer Ditch Company shares, and Warren Lake Reservoir Company shares, which shares have been changed to include consumptive use and augmentation use in Case No. 92CW129, Water Division No. 1, by Decree dated October 2, 1996, and Case No. 05CW323, Water Division No. 1, by Decree dated April 23, 2014. The following information concerning these sources of substitute supply can be found in the decrees entered in Case Nos. 92CW129

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and 05CW323: date of original decree, legal description of each point of diversion, source of water, appropriation date, decreed amount, and decreed uses. c. The Michigan Ditch Supplement System. Water rights for the Michigan Ditch Supplement System were decreed to Fort Collins in Case No. 88CW206, Water Court for Water Division 6, on October 6, 1989. The following information concerning this source of substitute supply can be found in the decree entered in Case No. 88CW206: legal description of each point of diversion, source of water, appropriation date, decreed amount, and decreed uses. d. Joe Wright Reservoir. Joe Wright Reservoir is owned by Fort Collins, and it has several decrees. The water rights available for use as augmentation sources in this augmentation plan come from: the refill right, which is Priority No. 136-Q, decreed by the Larimer County District Court in Civil Action No. 11217 on September 10, 1953; and the enlargement right decreed by the Water Court for Water Division 1 dated June 6, 1972. These two water rights were changed to include fully consumptive use by decree in Case No. W-9322-78, Water Court for Water Division 1, on April 24, 1979. The following information concerning these sources of substitute supply can be found in the decrees entered in the above-described cases: legal description of each point of diversion, source of water, appropriation date, decreed amount, and decreed uses. e. Windy Gap Project Water. Windy Gap water is currently provided to Fort Collins each year by the Platte River Power Authority under terms and conditions of a detailed reuse agreement. Windy Gap water is transmountain water that is decreed as fully consumable. The reuse agreement has been previously approved by this Court in Case No. W-9322-78, by decree dated April 24, 1979. f. Water storage right for Rigden Reservoir. Fort Collins has an application pending in Case No. 14CW3158 for a fully consumable water storage right in Rigden Reservoir. The following information concerning this source of substitute supply can be found in the application filed in Case No. 14CW3158: legal description of each point of diversion, source of water, and claimed appropriation date, amount, and uses. g. Fort Collins’ shares in the Water Supply and Storage Company, which Fort Collins changed in Case No. 11CW265, Water Division 1. The following information concerning this source of substitute supply can be found in the decree entered in that case, dated July 17, 2015: date of original decree, legal description of each point of diversion, source of water, appropriation date, decreed amount, and decreed uses. h. Other water delivered to and stored in Rigden Reservoir. Fort Collins may use other water stored in Rigden Reservoir, including water delivered to Rigden Reservoir pursuant to the conditional appropriative rights of substitution and exchange described in Paragraphs 14-21 below. i. Fort Collins seeks entry of a decree that provides the ability to add additional or alternative sources of replacement water to the plan for augmentation pursuant to C.R.S. § 37-92-305(8)(c) or successor statutes. 13. Complete statement of plan for augmentation: The Fort Collins Ponds are all excavated former gravel pits that have been reclaimed, or are currently in the reclamation process. The sources of water for these ponds are ground water and surface runoff inflows. Fort Collins seeks approval of a plan for augmentation for these ponds, the purpose of which is to identify and replace the out-of-priority depletions that occur from Fort Collins’ ownership and use of the ponds, including the evaporation loss from the surface area of these ponds that was exposed by mining operations subsequent to December 31, 1980, and other depletions that result from Fort Collins’ management of water levels in the ponds. There is a total of approximately 126.08 surface acres of exposed ground water in the Fort Collins Ponds, based on the high water levels for the ponds. Of this total amount, 10.7 surface acres were exposed prior to December 31, 1980. Pursuant to C.R.S. § 37-90-137(11)(b), replacement of evaporation loss is not required for these surface acres. Replacement of out-of-priority depletions from the evaporation loss for the remaining 115.38 surface acres will be made in accordance with the requirements of the decree. Exhibit H shows the maximum surface acres for each pond, and the division between grandfathered and post-1980 surface acres. The maximum surface areas described herein may be modified upon final surveys or other methods. As necessary to prevent injury to other water rights, Fort Collins will replace out-of-priority depletions from evaporation loss based on monthly calculations of the actual post-1980 exposed surface acres, or in the alternative, Fort Collins will augment out-of-priority depletions from evaporation loss based on the maximum post-1980 exposed surface acres for each pond. As part of its management of the Fort Collins Ponds, Fort Collins also intends to alter water levels in certain ponds by removing water from them periodically. Such dewatering may result in out-of-priority depletions to the

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Cache La Poudre River that will be replaced under the plan for augmentation described in this application. The ponds that may be the subject of the water level management operations are: Shields Pit, Big Pond, Artist Point Pond, Pelican Pond, Running Deer Pond, and Port of Entry Pit. To the extent possible, Fort Collins intends to deliver the water removed from these ponds to Rigden Reservoir for storage and subsequent release for augmentation, replacement, substitution, and exchange uses, either directly by pipeline delivery or direct diversion from the Cache La Poudre River, or by exchange as described in Paragraphs 14-21. Fort Collins may also deliver water removed from the Fort Collins Ponds at the Greeley Canal No. 2 headgate, as described in Paragraph 3(b)(ii), for internal trade into Timnath Reservoir. Fort Collins will replace any out-of-priority depletions caused by the water level management operations. To the extent Fort Collins’ ownership and use of the Fort Collins Ponds results in other out-of-priority depletions, Fort Collins will also replace those depletions in accordance with the terms and conditions of the decreed plan for augmentation. Fort Collins will use the water rights listed in Paragraph 12 to replace the out-of-priority depletions. Time periods when the Fort Collins Ponds are frozen will be assumed to not result in any evaporation losses or replacement obligations for such losses. Replacements will be made above the headgate of the calling water right located downstream of the point of depletion for each of the Fort Collins Ponds. The administrative date for determining when depletions are out-of-priority for each of the Fort Collins Ponds will be the priority date for the water right claimed in this case for each pond. APPLICATION FOR CONDITIONAL APPROPRIATIVE RIGHTS OF SUBSTITUTION AND EXCHANGE 14. Appropriative rights of substitution and exchange. Fort Collins claims a water right to operate exchanges of water up to the flow rates listed below, including the right to provide substitute supplies in accordance with C.R.S. §§ 37-80-120(2), (3), and (4), and 37-83-104 using the following exchange-from and exchange-to points and substitute supplies (“Exchange Rights”). 15. Points of release of substitute supply (exchange-from points): a. Confluence of the Cache la Poudre River and the Prospect Drain, located in the NW1/4 of the SW1/4 of Section 21, Township 7 North, Range 68 West, 6th P.M., Larimer County. This includes water level management releases from Big Pond, Artist Point Pond, and Pelican Pond. b. Confluence of the Cache la Poudre River and the river delivery outlet for Running Deer Pond, located in the NW1/4 of the NE1/4 of Section 28, Township 7 North, Range 68 West, 6th P.M., Larimer County. c. Confluence of the Cache la Poudre River and the river delivery outlet for the Port of Entry Pit, located in the NW1/4 of the SW1/4 of Section 27, Township 7 North, Range 68 West, 6th P.M., Larimer County. 16. Points of diversion (exchange-to points): a. FCRID headgate, as described above in Paragraph 3(b)(ii); and b. Box Elder Ditch headgate, as described above in Paragraph 3(b)(iii). 17. Exchange reach: The upstream terminus of the appropriative rights of exchange claimed in this application is the Box Elder Ditch headgate described above in Paragraph 3(b)(iii). The downstream terminus of the appropriative rights of exchange claimed in this application is the confluence of the Cache la Poudre River and the river delivery outlet for the Port of Entry Pit described above in Paragraph 15(c). 18. Sources of substitute supply: Water from Big Pond, Artist Point Pond, Pelican Pond, Running Deer Pond, and Port of Entry Pit under the water rights for the Fort Collins Ponds described in Paragraphs 5-9 above and released to the Cache la Poudre River via the Prospect Drain, the river delivery outlet for Running Deer Pond, and the river delivery outlet for the Port of Entry Pit. 19. Date of appropriation: July 30, 2015. a. How appropriation was initiated: Fort Collins’ staff and special legal counsel studied and developed the details of the Exchange Rights. On July 29, 2015, John Stokes, Director of Fort Collins’ Natural Areas Department, issued a memorandum stating that Fort Collins had formulated the necessary intent to appropriate conditional rights of substitution and exchange, and directing staff and special legal counsel to take additional steps to provide notice to the public. On July 30 and 31, 2015, Fort Collins provided notice of the appropriation on the Natural Areas Department’s website, posted signs announcing the appropriation, and provided notice by publication in the Fort Collins Coloradoan. 20. Claimed Exchange Rate: Fort Collins claims a maximum rate of exchange from each exchange-from point to each exchange-to point of 6 c.f.s., CONDITIONAL. Fort Collins reserves the right to claim absolute any amount of water exchanged under the Exchange Rights prior to the Water Court entering a decree in this case, without the need for publishing another amendment to the application. 21. Proposed uses: Fort Collins will use the Exchange Rights by direct

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use or following storage within Fort Collins’ service area as it now exists (as generally depicted on Exhibit G) or may from time to time be expanded for all municipal uses, including but not limited to domestic, irrigation (including, without limitation, agricultural irrigation), storage, commercial, industrial, hydroelectric power generation, stock watering, recreation, fish and wildlife propagation and maintenance, environmental mitigation and restoration, and both within and outside of its existing and future service area for augmentation, replacement, substitution, and exchange. Fort Collins will also use the Exchange Rights to serve water users located within and outside of Fort Collins’ current and future service area with whom Fort Collins has contracts to deliver water from its water system, and pursuant to contract exchanges, leases, or water trades made by mutual agreement with other water users, for the beneficial uses described above, and for any other uses described in the contracts, contract exchanges, leases, or mutual agreements. In addition, Fort Collins seeks approval to use the Exchange Rights for instream flow use exclusively by the Colorado Water Conservation Board pursuant to an agreement with the Colorado Water Conservation Board. Fort Collins seeks entry of a decree for the Exchange Rights that authorizes the right to use, reuse, successively use, and dispose of the water to extinction. When the Exchange Rights are used for municipal purposes, Fort Collins will maintain dominion and control over both the sewered and the non-sewered return flows resulting from this use using the accounting methodology set forth in the decree entered in Case No. 92CW129. 22. After diversion at the exchange-to points described in Paragraph 16 above, the Exchange Rights will be delivered to the following structures, for storage and subsequent release for the uses described in Paragraph 21: a. Fossil Creek Reservoir, as described in Paragraph 3(d)(i) above. Deliveries to Fossil Creek Reservoir will be made through diversions from the FCRID, described in Paragraph 3(b)(ii) above. b. Rigden Reservoir, as described in Paragraph 3(d)(ii) above. Deliveries to Rigden Reservoir will be made through diversions from the FCRID and the Box Elder Ditch as described in Paragraph 3(d)(ii). Fort Collins may also deliver water removed from the Fort Collins Ponds described in Paragraph 11 to Rigden Reservoir for storage by delivering water from the ponds to the Cache La Poudre River and re-diverting it into Rigden Reservoir at the following locations without operating the Exchange Rights: a. Rigden Inflow-Outflow Spillway, located in the SW1/4 of the SW1/4 of Section 27, Township 7 North, Range 68 West, 6th P.M., Larimer County. b. Rigden Diversion Pump Station, located in the SW1/4 of the SW1/4 of Section 27, Township 7 North, Range 68 West, 6th P.M., Larimer County. 23. 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. Coy Ditch: The point of diversion for the Coy Ditch is on land owned by Fort Collins and Sonopro Power and Light, LLC, 4605 E. County Road 58, Fort Collins, CO 80524. b. Box Elder Ditch: The point of diversion for the Box Elder Ditch is on land owned by Fort Collins. The address for the Box Elder Ditch Company is c/o Rosanna Harris, 730 Ash Mesa Road, Delta, CO 81416. c. Cache La Poudre Reservoir Inlet Canal: The point of diversion for the Cache La Poudre Reservoir Inlet Canal is on land owned by Fort Collins. d. Fossil Creek Reservoir Inlet Ditch: The point of diversion for the Fossil Creek Reservoir Inlet Ditch is on land owned by North Poudre Irrigation Company, P.O. Box 100, Wellington, CO 80549, Fort Collins, and State of Colorado, Board of Agriculture, 102 Administration Building, Fort Collins, CO 80523. e. Rigden Diversion Pump Station and Rigden Inflow-Outflow Spillway: The points of diversion for the Rigden Diversion Pump Station and Rigden Inflow-Outflow Spillway are on land owned by Fort Collins. Fossil Creek Reservoir: f. Fossil Creek Reservoir is on land owned by North Poudre Irrigation Company, P.O. Box 100, Wellington, CO 80549. g. Certain Former Gravel Pits: The former gravel pits described in Paragraph 3(d)(iii) are on land owned by Firstier Bank Nebraska, 115 S. Walnut Street, Kimball, NE 69145. h. Timnath Reservoir: Timnath Reservoir is located on land owned by Cache La Poudre Irrigation Company, P.O. Box 356, Greeley, CO 80631. i. Rigden Reservoir, Homestead Pond, Big Pond, Milne Ponds, Artist Point Pond, Pelican Pond, Running Deer Pond, Shields Pit, Port of Entry Pit: These structures are located on land owned by Fort Collins. j. Greeley No. 2 Canal: The headgate for the Greeley No. 2 Canal is located on land owned by the New Cache La Poudre Irrigating Company, P.O. Box 356, Greeley, CO 80631. (21 pages) NOTE: This First Amended Application was filed with the

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Water Court, Water Division 1, in July 2015, and was included in the Water Division 1 Resume for cases filed in July, but was inadvertently not sent at that time to a newspaper of general circulation for publishing. The deadline for filing a statement of opposition to this First Amended Application has been extended until November 30, 2015.

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 2015 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.