DISTRICT COURT, WATER DIVISION 1, COLORADO NOVEMBER 2018 WATER RESUME PUBLICATION

TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of NOVEMBER 2018 for each County affected.

18CW27 MARTHA L. CECIL FEW TRUST, By Martha L. Cecil Few, Trustee, 7748 Newman St., Arvada, CO 80005. 303-362-4900. APPLICATION FOR CHANGE OF WATER RIGHT IN PARK COUNTY. Applicant’s decree states that the well may only operate pursuant the Indian Mountain water augmentation plan decreed in W-7389. Applicant seeks to change this provision to indicate that the well may operate pursuant to a water augmentation plan approved by the Colo. Div. of Water Resources and applicable to subject well. The subject well is now enrolled in the HASP plan, 02CW389 and 12CW50. 18CW28 BRENNA AND SHANE THOMAS, 21473 Idyllwilde Dr., Parker, CO 80138. 720-284-2430. APPLICATION FOR CHANGE OF WATER RIGHT IN PARK COUNTY. Applicant’s decree states that the well may only operate pursuant the Indian Mountain water augmentation plan decreed in W-7389. Applicant seeks to change this provision to indicate that the well may operate pursuant to a water augmentation plan approved by the Colo. Div. of Water Resources and applicable to subject well. The subject well is now enrolled in the HASP plan, 02CW389 and 12CW50. 18CW29 OVERHOLT FAMILY TRUST, 685 Planet Place, Thornton, CO 80260-4870. 303-428-3032. APPLICATION FOR CHANGE OF WATER RIGHT IN PARK COUNTY. Applicant’s decree states that the well may only operate pursuant the Indian Mountain water augmentation plan decreed in W-7389. Applicant seeks to change this provision to indicate that the well may operate pursuant to a water augmentation plan approved by the Colo. Div. of Water Resources and applicable to subject well. The subject well is now enrolled in the HASP plan, 02CW389 and 12CW50. 18CW30 KAREN BABCOCK, RICHARD SALLEE, 4131 W. Tufts Ave, Denver, CO 80236. 303-778-7022. APPLICATION FOR CHANGE OF WATER RIGHT IN PARK COUNTY. Applicant’s decree states that the well may only operate pursuant the Indian Mountain water augmentation plan decreed in W-7389. Applicant seeks to change this provision to indicate that the well may operate pursuant to a water augmentation plan approved by the Colo. Div. of Water Resources and applicable to subject well. The subject well is now enrolled in the HASP plan, 02CW389 and 12CW50. 18CW31 JEAN A. BOMEISL, 314 Persian Way, Jefferson, CO 80456. 520-437-5902. APPLICATION FOR CHANGE OF WATER RIGHT IN PARK COUNTY. Applicant’s decree states that the well may only operate pursuant the Indian Mountain water augmentation plan decreed in W-7389. Applicant seeks to change this provision to indicate that the well may operate pursuant to a water augmentation plan approved by the Colo. Div. of Water Resources and applicable to subject well. The subject well is now enrolled in the HASP plan, 02CW389 and 12CW50. 18CW32 TIMOTHY P. AND GINGER K. SHERLOCK, 4442 S. Zenobia St., Denver, CO 80236. 303-916-6203 or 303-358-6038. APPLICATION FOR CHANGE OF WATER RIGHT IN PARK COUNTY. Applicant’s decree states that the well may only operate pursuant the Indian Mountain water augmentation plan decreed in W-7389. Applicant seeks to change this provision to indicate that the well may operate pursuant to a water augmentation plan approved by the Colo. Div. of Water Resources and applicable to subject well. The subject well is now enrolled in the HASP plan, 02CW389 and 12CW50. 18CW33 CLIFFORD AND KAROL ROVELTO, 1512 Yorktown Circle, Manhattan, KS 66503. 785-341-3324. APPLICATION FOR CHANGE OF WATER RIGHT IN PARK COUNTY.

Applicant’s decree states that the well may only operate pursuant the Indian Mountain water augmentation plan decreed in W-7389. Applicant seeks to change this provision to indicate that the well may operate pursuant to a water augmentation plan approved by the Colo. Div. of Water Resources and applicable to subject well. The subject well is now enrolled in the HASP plan, 02CW389 and 12CW50. 18CW34 LESTER A. YOUNGER, 6788 Granite Peak Drive, Colorado Springs, CO 80923. 303-956-7223. APPLICATION FOR CHANGE OF WATER RIGHT IN PARK COUNTY. Applicant’s decree states that the well may only operate pursuant the Indian Mountain water augmentation plan decreed in W-7389. Applicant seeks to change this provision to indicate that the well may operate pursuant to a water augmentation plan approved by the Colo. Div. of Water Resources and applicable to subject well. The subject well is now enrolled in the HASP plan, 02CW389 and 12CW50. 18CW35 NEILUS AND MARY ANN ROME, 1985 Alkire St., Golden, CO 80401. 303-237-1021. APPLICATION FOR CHANGE OF WATER RIGHT IN PARK COUNTY. Applicant’s decree states that the well may only operate pursuant the Indian Mountain water augmentation plan decreed in W-7389. Applicant seeks to change this provision to indicate that the well may operate pursuant to a water augmentation plan approved by the Colo. Div. of Water Resources and applicable to subject well. The subject well is now enrolled in the HASP plan, 02CW389 and 12CW50. 18CW36 LAURENCE E. HAHN, 1202 Settlement Way, Luling, TX 78648. 817-404-4161. APPLICATION FOR CHANGE OF WATER RIGHT IN PARK COUNTY. Applicant’s decree states that the well may only operate pursuant the Indian Mountain water augmentation plan decreed in W-7389. Applicant seeks to change this provision to indicate that the well may operate pursuant to a water augmentation plan approved by the Colo. Div. of Water Resources and applicable to subject well. The subject well is now enrolled in the HASP plan, 02CW389 and 12CW50. 18CW37 JOHN C. AND JULIE A. BARLOCK, PO Box 102, Jefferson, CO 80456. 719-836-0674. APPLICATION FOR CHANGE OF WATER RIGHT IN PARK COUNTY. Applicant’s decree states that the well may only operate pursuant the Indian Mountain water augmentation plan decreed in W-7389. Applicant seeks to change this provision to indicate that the well may operate pursuant to a water augmentation plan approved by the Colo. Div. of Water Resources and applicable to subject well. The subject well is now enrolled in the HASP plan, 02CW389 and 12CW50. 18CW38 ROBERT AND MARY CHRISTINE DUNIVANT, 7007 W. Jewell Dr., Lakewood, CO 80227. 720-891-2005. APPLICATION FOR CHANGE OF WATER RIGHT IN PARK COUNTY. Applicant’s decree states that the well may only operate pursuant the Indian Mountain water augmentation plan decreed in W-7389. Applicant seeks to change this provision to indicate that the well may operate pursuant to a water augmentation plan approved by the Colo. Div. of Water Resources and applicable to subject well. The subject well is now enrolled in the HASP plan, 02CW389 and 12CW50. 18CW3189 Mike Veeman, Veeman Dairy, 7001 N. I-76 Frontage Rd., Wiggins, CO 80654; Telephone: 970-580-1888. Please send all future correspondence and pleadings to: Kelly J. Custer, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534, Phone: (970) 622-8181, APPLICATION FOR FINDING OF REASONABLE DILIGENCE, in LOGAN COUNTY. 2. Name of Structure: Veeman Dairy Well. 2.1 Decrees: Original Decree, Case No. 03CW211, dated April 26, 2006, Water Division No. 1; Diligence Decree, Case No. 12CW85, dated November 21, 2012. 2.2 Legal Description of Diversion Point: In the NW1/4 SW1/4 SE1/4 of Section 6, Township 8 North, Range 51 West of the 6th P.M., Logan County, Colorado. 2.3 Source of Water: Ground water tributary to the South Platte River. 2.4 Date of Appropriation: April 23, 2003. 2.5 Amount: 4.0 c.f.s., 250 acre-feet per year, conditional. 2.6 Use. Commercial dairy, livestock watering and dust suppression. 3. Detailed outline of what has been done toward completion of the appropriation,

including expenditures. During the diligence period, Applicant undertook several actions toward completion of the appropriation, including but not limited to the following: Applicant obtained a renewed well permit for the Veeman Dairy Well, and constructed the well. The new well permit is number 82492-F. The well was constructed on or about October 29, 2018. The Applicant incurred expenses for legal fees and well drilling. The total amount spent was approximately $40,000. 4. Remarks: The Veeman Dairy Well is included as an augmented well in the decreed plan for augmentation of the Lower Logan Well Users, Inc., Case No. 03CW208. 5. Applicant owns the land where the well is located. 3 pages, no exhibits. 18CW3190 Kevin LaFleur, 4051 Roaring Fork Dr., Loveland, CO 80538. Please send correspondence and pleadings to: David P. Jones, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534, Phone: (970) 622-8181; david@ljcglaw.com. CONCERNING THE APPLICATOIN FOR FINDING OF REASONABLE DILIGENCE, in LOGAN COUNTY. 2. Description of Water Rights from Previous Decree dated April 26, 2006. 2.1. Name of Structure. Ramsey Ditch Recharge Project 2.1.1. Original Decree: Case No. 03CW211, decree dated April 26, 2006, Water Division No. 1. (Previous Diligence decree, Case No. 12CW85 dated November 21, 2012.) 2.1.2. Legal Description of Diversion Point. In the SE1/4 of Section 33, Township 10 North, Range 50 West of the 6th P.M., Logan County, Colorado at the diversion works of the Ramsey Ditch. 2.1.3. Source of Water. The South Platte River. 2.1.4. Date of Appropriation. April 23, 2003. 2.1.5. Description of Recharge. 2.1.6. Amount: 34 c.f.s. (12.15 c.f.s., absolute, and 21.85 c.f.s. maintained as conditional in 12CW85) 2.1.7. Use. Augmentation of water rights used for irrigation, commercial, livestock, fire protection, recharge, replacement, wildlife and wildlife recovery pursuant to the terms and conditions of the Lower Logan Well Users, Inc. plan for augmentation decreed in Case No. 03CW208. 3. Detailed Outline of Work Toward Completion of the Appropriation and Application of Water to a Beneficial Use as Conditionally Decreed: Applicant purchased the Ramsey Ditch Recharge Project water right and other associated real property in November 2012. During the diligence period, Applicant operated and maintained the Ramsey Ditch Recharge Project, diverted water to recharge when water was available for purposes of developing recharge accretions for augmentation of well depletions in the 03CW208 plan for augmentation. Additionally, Applicant has been in discussion with Ducks Unlimited regarding development of an additional recharge/wetland facility for the Ramsey Ditch Recharge Project. Applicant anticipates entering into an agreement in the near future. 4. Claim for Finding of Reasonable Diligence. Applicant seeks a finding that it has been reasonably diligent in the development of the subject conditional water rights, and to maintain the right as conditional for another six years and such other relief as is just and proper. The original format of this application is three (3) pages in length. 18CW3191 (08CW208, 98CW295) Applicant: District 64 Reservoir Company, c/o Joe Frank, P.E., 100 Broadway Plaza, Suite 12, Sterling, Colorado 8071. Attorneys: Bennett W. Raley, and William Davis Wert, Trout Raley, 1120 Lincoln St., Suite 1600, Denver, CO 80203, (303) 861-1963, braley@troutlaw.com, dwert@troutlaw.com. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN SEDGWICK COUNTY, COLORADO. 1. Name, mailing address, email address, and telephone number of Applicant: District 64 Reservoir Company c/o Joe Frank, P.E. 100 Broadway Plaza, Suite 12 Sterling, CO 80751, jmfrank@lspwcd.org, 970-522-1378. 2. Name of Structure: Ovid Reservoir. 3. Description of Conditional Water Right: A. Original Decree: Date of Decree: September 5, 2002. Case No.: 98CW295. Court: Water Court, Division 1. B. Subsequent Decree Finding Diligence: Date of Decree: November 6, 2012. Case No.: 08CW208. Court: Water Court, Division 1. C. Decreed Point of Diversion: Peterson Canal a/k/a the Peterson Ditch a/k/a the Petersen Canal a/k/a the Petersen Ditch (“Peterson Canal”), an existing canal owned and operated by the Petersen Canal and Reservoir Company and the Julesburg Irrigation District. The point of diversion of the Peterson Canal is located on the north bank of the South Platte River in the NE1/4 NW1/4 Section 24 Township 11 North Range 47 West of the 6 PM Sedgwick County Colorado from which the NW Corner of said Section bears N 77° 2’ W 1,815.2 feet. The decreed capacity of the Peterson Canal is 184 cfs. Water will be diverted through the Peterson

Canal to a new structure to be built by Applicant on the south bank of the canal at a location near and above the reservoir. D. Location: Ovid Reservoir is an off channel reservoir that will be located in the N1/2 and N1/2 S1/2 of Section 6, Township 11 North, Range 45 West of the 6th P.M. lying north of Highway No. 138, Sedgwick County, Colorado. E. Source: South Platte River. F. Appropriation Date: June 30, 1998. G. Amount: 5,772 acre feet, conditional, with the right to fill and refill the reservoir whenever water is physically available in priority. H. Uses: Water stored in Ovid Reservoir will be released to the South Platte River through the outlet pipe for replacement of out of priority depletions to senior surface water rights in Colorado caused by diversions of ground water through wells owned by members of Applicant and replacement of depletions caused by diversions of ground water through wells owned by members of Applicant under water rights having dates of priority subsequent to June 14, 1897, which will diminish the flow of the South Platte River at the Interstate Station between April 1 and October 15 below a mean flow of 120 cfs. Ovid Reservoir may also be used by the Applicant or others under contract with the Applicant to reregulate flows of the South Platte River for lawful purposes, including fish and wildlife purposes. I. Map: A map depicting the location of Ovid Reservoir is attached as Exhibit 1. 4. Detailed outline of what has been done toward completion of the appropriation: A. Applicant has been actively working on developing, operating, and using Ovid Reservoir for the benefit of its shareholders since it was incorporated in 2006. Applicant currently does not own any other water rights or water diversion or storage structures. All of its business activities during the diligence period have been undertaken in an effort to complete appropriation of the Ovid Reservoir water right in a reasonably expedient and efficient manner. B. During the diligence period, Applicant spent approximately $48,694.60 in operating, administrative, and other costs related to Ovid Reservoir’s development and construction. C. During the diligence period, and continuing to the date of this filing, Applicant has been engaged in negotiations with the Julesburg Irrigation District (“JID”) to potentially contribute to the financing of the rehabilitation of the Peterson Ditch diversion structure. The Peterson Ditch will be used to convey water to Ovid Reservoir. The current estimated total cost of the Peterson Ditch diversion structure rehabilitation project is approximately $3.3 million. Applicant and JID also are negotiating the terms of a conveyance agreement to allow Applicant to convey water diverted under the subject water right through the Peterson Ditch to Ovid Reservoir. To date, Applicant’s board members and general manager have expended in excess of 100 hours working on or engaged in these ongoing negotiations. D. In 2017 and 2018, Applicant issued assessments to its shareholders of $300 per share to raise funds to help cover Applicant’s potential financial commitment to rehabilitate the Peterson Ditch diversion structure, and for other potential future costs. Applicant will levy the same assessment in 2019, bringing the total amount of assessment revenue to approximately $508,000. E. During the diligence period, Applicant continued to operate a groundwater monitoring plan and to take readings from its monitoring wells in the vicinity of the Ovid Reservoir site for the purposes of studying existing groundwater levels in the area of Ovid Reservoir and assessing feasibility. 5. List of 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. District 64 Reservoir Company (Applicant) Julesburg Irrigation District 315 Cedar Street, Suite 150 Julesburg, CO 80737. WHEREFORE, Applicant respectfully requests that the Court enter an order which finds that reasonable diligence has been exercised in the development of the conditional water storage right decreed to Ovid Reservoir and described herein. (6 pages.) 18CW3192 City and County of Denver, acting by and through its Board of Water Commissioners (“Denver Water” or “Applicant”), 1600 West 12th Avenue, Denver, Colorado 80204, Email: casey.funk@denverwater.org, Telephone: 303-628-6460. APPLICATION FOR CONDITIONAL WATER STORAGE RIGHT AND FOR APPROVAL OF PLAN FOR AUGMENTATION WITH CONDITIONAL RIGHTS OF EXCHANGE, 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 COUNTY, District Court, Water Division 1, Colorado, Weld County

Courthouse, 901 9th Avenue, P.O. Box 2038, Greeley, Colorado 80632. I. Name, Mailing Address, Email Address and Telephone Number of Applicant(s) and Description of Application 1. City and County of Denver, acting by and through its Board of Water Commissioners (“Denver Water” or “Applicant”), 1600 West 12th Avenue, Denver, Colorado 80204, Email: casey.funk@denverwater.org, Telephone: 303-628-6460. II. First Claim for Relief: Application for Water Storage Right. 2. Name of Structure: Foothills Pumpback System. 3. Legal Description of Structure: The Foothills Pumpback System is located at a point in the NE1/4 of the SE1/4 of Section 1, Township 7 South, Range 69 West of the 6th P.M., in Douglas County, Colorado, approximately 1,330 feet from the South section line and approximately 1,230 feet from the East section line. The Foothills Pumpback System will divert water to the Foothills Water Treatment Plant that is collected from the approximately 30.5 acre Precipitation Intercept Area generally located in the S1/2 of Section 1 and the N1/2 of Section 12, Township 7 South, Range 69 West of the 6th P.M., in Douglas County, Colorado. The Precipitation Intercept Area includes the Solids Drying Beds, Ponds Nos. 1 and 2 and the Wastewater Recovery Basins. A map showing the approximate location of the Precipitation Intercept Area and Foothills Pumpback System is attached hereto as Exhibit A. 4. Source: On-site precipitation falling on the Precipitation Intercept Area located on an un-named tributary of Willow Creek, which is tributary to the South Platte River. 5. Amount Claimed: Conditional: 81.5 acre feet, with the right to continuously refill, along with the right to reuse and successively reuse. Absolute: 0 acre feet. 6. Appropriation Date: 6.1. Date of Appropriation: October 31, 2017. 6.2. How Appropriation was Initiated: The appropriation date is based on the date of the as-built engineering drawings for the Foothills Pumpback System. 6.3. Date water applied to beneficial use: N/A. 7. Uses: The water diverted under the water right proposed herein will be used for non-agricultural irrigation, commercial, industrial and all municipal uses; including, but not limited to, domestic, mechanical, manufacturing, industrial, power generation, fire protection, sewage treatment, street sprinkling, irrigation of parks, lawns, grounds, open spaces, recreation, piscatorial, maintenance and preservation of wildlife and aesthetic values, replacement of lake and reservoir evaporation, and augmentation and/or replacement. Such water may be fully consumed through subsequent storage and release, and by reuse, successive use, further exchange and disposition. 8. Surface Area: 30.5 acres. 8.1. Vertical height of dam: N/A. 8.2. Length of dam: N/A. 9. Total capacity of Precipitation Intercept Area: 81.5 acre feet, Active capacity: 81.5 acre feet, Dead storage: 0 acre feet. 10. Location of Use: The water diverted and stored under the water right proposed herein will be placed to beneficial use wherever Denver Water may, now or in the future, legally provide water. The place of use includes Denver Water’s service area as it exists now as approximately shown on the map attached hereto as Exhibit B or may exist in the future, within Denver, Arapahoe, Douglas, Jefferson, Adams, and Broomfield Counties, Colorado. 11. Remarks: Denver Water modified Foothills Treatment Plant with the Foothills Pumpback System to recapture a portion of the on-site wastewater that is produced as a part of the normal treatment process, effectively increasing the water use efficiency of the treatment process. The Foothills Pumpback System incidentally captures precipitation falling on portions of the Foothills Treatment Plant. The collected precipitation is the subject of the conditional water right and augmentation plan including conditional right of exchange in this application. The recovery of the on-site wastewater is considered part of the water treatment operations that takes place within the confines of the Foothills Treatment Plant operations and is not a subject of this application. III. Second Claim for Relief: Application for Approval of Plan for Augmentation Including Exchange. 12. Name of Structures to be Augmented: Foothills Pumpback System. 12.1. Is the Structure decreed: An application for a conditional storage water right is pending as part of this application in the first claim for relief. 13. Legal Descriptions: 13.1. Foothills Pumpback System: Described in Paragraph 3 above. 14. Statement of Plan for Augmentation: The Foothills Pumpback System incidentally captures precipitation falling on portions of the Foothills Treatment Plant Precipitation Intercept Area, including the Solids Drying Beds, Pond Nos. 1 and 2 and the Wastewater Recovery Basins. Runoff resulting from large precipitation events are designed to bypass the Foothills Pumpback System and return to the stream system through the Pond No. 2 overflow. Under this augmentation plan Denver Water will quantify out-of-priority depletions resulting from collected precipitation in the Foothills Pumpback System and make replacements in time, location and amount to

the South Platte River and/or its tributaries when there is a valid downstream call. The Applicant desires to adjudicate an exchange to maintain a priority for this plan for augmentation including exchange, against all other appropriators between the point of diversion at the Solids Drying Beds, and the point of replacement, including appropriators on Willow Creek. The approximate location of the Foothills Pumpback System, Precipitation Intercept Area, and Pond No. 2 overflow are shown on Exhibit A, attached hereto. 15. Timing, Amount, and Location of Depletions: 15.1. Timing of Depletions: Depletions caused by the Foothills Pumpback System are instantaneous. Replacement of out-of-priority depletions will occur after the accounting quantifies the amount of the depletion. 15.2. Amount of Depletions: Depletions resulting from operation of the Foothills Pumpback System may average approximately 48.1 acre-feet per year and can be as high as approximately 81.5 acre-feet in a 2015 type year, assuming the junior Foothills Pumpback System water right is out-of-priority year round and no precipitation is bypassed through the Pond No. 2 overflow. Actual depletions resulting from operation of the Foothills Pumpback System may be less due to periods the water right is in-priority and runoff from larger precipitation events are designed to be bypassed. 15.3. Location of Depletions: For purposes of administration, depletions from operation of the Foothills Pumpback System are assumed to accrue in the NE1/4 of the SE1/4 of Section 1, Township 7 South, Range 69 West of the 6th P.M., on the un-named tributary of Willow Creek, tributary to Willow Creek and the South Platte River. 16. Water rights to be used for augmentation: Denver Water owns water rights in the South Platte River basin that were originally adjudicated or changed to include augmentation uses. Denver Water also owns water rights in tributaries to the Colorado River, which Denver imports to the South Platte River basin for beneficial use. In addition, Denver Water owns water rights in not-nontributary Arapahoe and Upper Arapahoe Aquifer formations and water rights in the nontributary Arapahoe and Upper Arapahoe, Laramie-Fox Hills, and the Lower Arapahoe Aquifer formations. Water from these sources will be made available in the amounts and at locations necessary to replace out-of-priority depletions pursuant to the plan for augmentation decreed herein. Water from these sources that is once or successively used through Denver Water’s potable water system and returned to the South Platte River, and its tributaries, will be made available in the amount and at locations, including, but not limited to, outfalls of the various wastewater treatment plants that discharge effluent attributable to Denver Water’s service area, necessary to replace out-of-priority depletions pursuant to the plan for augmentation decreed herein. The locations of the points of replacement of the augmentation sources are depicted in Exhibit C. The Applicant does not intend to change a water right to provide a source of augmentation. These water rights include, but are not limited to: 16.1. Beery Ditch Case No. W-7739-74 WD1, July 14, 1976 as modified on July 13, 1983; appropriation date of June 15, 1861. Source: Four Mile Creek. 16.2. Four Mile Ditch, Case No. 80CW313 WD1, November 12, 1982; appropriation date of June 1, 1868. Source: Four Mile Creek. 16.3. Brown Ditch, Case No. 86CW014 WD1, April 17, 1990; appropriation date of November 30, 1862. Source: South Platte River. 16.4. Nevada Ditch, Case No. 90CW172 WD1, August 17, 1992; appropriation dates of August 30, 1861- Priority No. 4; December 30, 1865 - Priority No. 19. Source: South Platte River and its tributaries. 16.5. Last Chance Ditch, Case No. 92CW014 WD1, February 24, 1993; appropriation dates of December 30, 1863 - Priority No. 14; - March 3, 1868 - Priority No. 39. Source: South Platte River and its tributaries. 16.6. Pioneer Union Ditch, Case No. 91CW100 WD1, May 13, 1998; appropriation dates of December 10, 1861 - Priority No. 5; September 1, 1862 - Priority No. 11. Source: Bear Creek and its tributaries. 16.7. Hodgson Ditch, Case No. 91CW102, May 13, 1998; appropriation date of June 1, 1861 – Priority No. 3. Source: Bear Creek and its tributaries. 16.8. Harriman Ditch, Case No. 91CW103, May 13, 1998; appropriation dates of March 16, 1869 - Priority No. 23; May 1, 1871 - Priority No. 25; March 1, 1882 - Priority No. 30. Source: Bear Creek and its tributaries. 16.9. Robert Lewis Ditch, Case No. 91CW105, May 13, 1998; appropriation date of October 1, 1865 - Priority No. 19. Source: Bear Creek and its tributaries. 16.10. Simonton Ditch, Case No. 91CW106, May 13, 1998; appropriation date of December 25, 1860 - Priority No. 2. Source: Bear Creek and its tributaries. 16.11. Warrior Ditch, Case No. 91CW109 WD1, May 13, 1998; appropriation dates of December 1, 1861 - Priority No. 4; April 16, 1862 - Priority No. 8; October 31, 1864 - Priority No. 14; Source: Bear Creek, Turkey Creek and their tributaries. 16.12. Blue River Diversion Project, Water

District No. 36, Summit County Case Nos. 1805 and 1806 and Consolidated Case Nos. 2782, 5016, and 5017, U.S. District Court, October 12, 1955; appropriation date of June 24, 1946; Source: Blue River and its tributaries. 16.13. Straight Creek Conduit of the Roberts Tunnel Collection System, Water District No. 36, C.A. No. 2371, January 21, 1987; appropriation date of January 21, 1957. Source: Straight Creek a tributary of the Blue River. 16.14. Fraser River and Williams Fork Diversion Projects, Water District No. 51, Grand County, C.A. No. 657, November 5, 1937; appropriation date of July 4, 1921. Source: Fraser and Williams Fork Rivers and their tributaries; This source may be used as a replacement supply under this plan to the extent allowed by the 1940 Agreement except as otherwise modified. 16.15. Darling Creek Extension of the Williams Fork Diversion Project, Water District 51, Grand County, C.A. No. 1430, November 7, 1974 nunc pro tunc as of May 30, 1972; appropriation date of August 26, 1953. Source: West Branch of Darling Creek, North Fork of Darling Creek, South Fork of Darling Creek, Eleventh Creek, and tributary and intervening tributary drainage thereto. 16.16. Moffat Tunnel Collection System, Water District No. 51, Grand County, C.A. No. 1430, November 7, 1974 and September 13, 1974 nunc pro tunc as of May 30, 1972; appropriation date of August 30, 1963. Source: Tributaries of the Fraser River and intervening drainage thereto. 16.17. Hamilton-Cabin Creek Ditch, Extension and Enlargement of Hamilton-Cabin Creek Ditch, Meadow Creek Reservoir, Water District No. 51, Grand County, C.A. No. 657 November 5, 1937 as confirmed in W-750-78, February 21, 1980; appropriation Date of July 2, 1932. Source: Hamilton Creek, Cabin Creek and all Intermediate Drainage channels or slopes between Hamilton Creek and North Ranch Creek including Cabin Creek, Little Cabin Creek, and all unnamed and other named streams but not from North Ranch Creek itself. 16.18. Laramie Fox Hills-1 Well, Case No. 88CW149 WD 1, February 28, 1990 and Permit Nos. 32363-F and 35393-F. 16.19. South and North Reservoir Complex Storage Rights, Case No. 2001CW286 WD1, August 8, 2011 as amended in Case No. 2013CW3056 WD1, September 16, 2014, appropriation date of December 28, 2001. Source: South Platte River and streams and wastewater tributary thereto. 16.20. Denver Metro Wells, Case No. 2003CW186 WD1, March 25, 2010 for right to withdraw nontributary and not-nontributary water from the Arapahoe, Upper Arapahoe, and Laramie-Fox Hills Aquifers. 16.21. Farmers and Gardeners Ditch Water Right, Case No. 2009CW084 WD1, September 29, 2012; appropriation date of March 15, 1863. Source: South Platte River. 16.22. Lupton Lakes Storage Complex Water Right, Case No. 2007CW322 WD1, February 21, 2014; appropriation date of December 28, 2007. Source: South Platte and its tributaries. 16.23. South Reservoir Complex Enlargement Water Right, Case No. 2009CW264 WD1, July 25, 2013; appropriation date of December 29, 2009. Source: South Platte River, effluent wastewater, and streams and tributaries thereto. 16.24. Lawn Irrigation Return Flows, Case No. 2004CW121 WD1, May 15, 2012. Source: return flows from reusable sources identified in Exhibit A of the Decree. 16.25. Denver Water can also release water from the above-referenced sources stored in Antero Reservoir, Eleven Mile Reservoir, Cheesman Reservoir, Chatfield Reservoir, Soda Lakes Reservoirs, Harriman Reservoir, Ralston Reservoir, and Gross Reservoir, or discharged from wastewater treatment plants, including the Metro Wastewater Reclamation District Treatment Plants (Hite Treatment Plant and Northern Treatment Plant) or Littleton/Englewood (“Bi-City”) Wastewater Treatment Plant. 17. Other Replacement Sources: 17.1. Additional Supplies of Augmentation Water: Pursuant to C.R.S. § 37-92-305(8)(c), the Court may authorize the Applicant to utilize additional or alternative sources of augmentation water for replacement in the plan for augmentation sought herein, including water leased by the Applicant, if such sources are part of a substitute water supply plan approved pursuant to C.R.S. § 37-92-308 or if such sources are decreed for such use. 17.2. Additional Water Rights Separately Decreed for Augmentation Use: If a water right is decreed or lawfully available for augmentation use and not already approved for such use under this Application, Applicant may add the water right by notice, subject to a reasonable opportunity for Opposers to object on the grounds of injury. This paragraph shall apply to all separately decreed sources, whether they are permanent additions to this plan for augmentation or of limited duration. 17.3. Other Additional Water Rights: If a water right is not decreed or otherwise lawfully available for augmentation use, and Colorado statutes or other governing authority provide a mechanism for using such water right without the need of a decree or well permit, Applicant shall provide written notice to the Opposers of its request for approval of the State Engineer pursuant to C.R.S. § 37 92-308 or other applicable statute.

Applicant may use such water rights in the plan for augmentation upon the State Engineer’s approval of the administrative application for the term of such approval, unless such approval is reversed or modified on appeal or under retained jurisdiction. 18. Means of Replacement: 18.1. Augmentation – First Use: Sources identified in Paragraph 16 above are available to the South Platte River to replace to a calling water right point of administration on the mainstem of the South Platte River above or below the point of depletion identified in paragraph 15.3. 18.2. Augmentation – Successive Uses. 18.2.1. Successive Uses. Each of the sources identified in Paragraph 16 above can be reused and successively used to extinction absent prohibitions preventing such reuse. Currently, as a result of the ruling entered in Case No. 81CW405, reuse of the source identified in Paragraph 16.4 is limited. This Application does not modify the decree entered in Case No. 81CW405, but Denver Water reserves the right to reuse water from this source beyond the limitations of such ruling if such decree is modified to permit such usage. This Application also does not modify the decrees in any of the other cases identified in Paragraph 16. 18.2.2. Locations. Denver Water will account for and identify water once used, reused or successively used through its municipal system that is returning to the South Platte River, and deliver such water from one or more of the following sources to replace depletions pursuant to the plan for augmentation decreed herein: 18.2.2.1. From the point of release to the South Platte River at the Littleton/Englewood Bi-City Wastewater Treatment Plant; 18.2.2.2. By deliveries from storage facilities identified in Paragraph 16.25; 18.2.2.3. From the Farmers and Gardeners Ditch Water Right point of diversion and alternate points of diversion decreed in 2009CW084 WD1; 18.2.2.4. LIRFs quantified under the decree entered in Case No. 2004CW121 WD1; 18.2.2.5. From the point of release into the South Platte River at the Metro Wastewater Reclamation District Hite Plant Outfall; 18.2.2.6. From the point of release into the South Platte River at the Metro Wastewater Reclamation District Northern Treatment Plant Outfall; and/or 18.2.2.7. By deliveries from storage from the South Gravel Pit Complex, North Gravel Pit Complex, and Lupton Lakes Reservoir Complex of fully consumable water or water decreed for augmentation having been stored in these facilities. 18.3. Location of Replacements: When a valid call is being administered on the South Platte River below the point of depletion identified in paragraph 15.3, Denver Water will deliver augmentation water to the South Platte River in an amount equal to out-of-priority depletions above the location where the calling water right, including an adjudicated exchange, is being administered on the South Platte River. 18.4. Conditional Right of Exchange. 18.4.1. Description of Exchanges. When the replacement water is provided below the place of diversion and storage in the Foothills Pumpback System, the plan for augmentation will include exchanges, for which Denver Water seeks confirmation of an appropriation date of October 31, 2017, for the reaches described below. 18.4.2. Exchange Reaches. From the locations identified in paragraph 18.2.2 above to the Foothills Pumpback System. 18.4.3. Delivery points of Substitute Supply. Delivery of substitute water for the purpose of exchanges will be made at the outlet works or outfalls for the structures listed in paragraph 18.4.2 as depicted on Exhibit C. 18.4.4. Sources of Substitute Water Supply. Denver Water will utilize the augmentation sources listed in paragraph 16 above for the operation of the exchanges. 18.4.5. Rate: The total combined rate of diversions by exchange from any of the sources will be limited to 3.0 cubic feet per second. 19. Proposed Terms and Conditions: 19.1. Transit Losses: Transit losses from the delivery of replacement water to the point of replacement shall be assessed by the Division Engineer pursuant to statute, from the point at which replacement(s) are introduced to the natural stream to the confluence of the South Platte River and the point of depletion identified in paragraph 15.3. 19.2. Operation of Plan for Augmentation: Denver Water will operate the plan for augmentation in accordance with the final decree entered in this matter so as to not injuriously affect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right. 20. Augmentation Plan Accounting: Denver Water shall install and properly maintain such measuring devices and recorders acceptable to the Division Engineer for administration and accounting of the plan for augmentation to determine precipitation falling on the Precipitation Intercept Area. 20.1. Accounting Details: Denver Water shall account daily for Foothills Pumpback System depletions and replacements under this decree and shall submit its accounting to the Division Engineer monthly or more frequently if requested by the Division Engineer and shall provide copies of accounting to any Opposer to this case upon request. Denver Water’s accounting shall include

the: (1) daily amount of precipitation falling on the Precipitation Intercept Area; (2) daily amount of out-of-priority depletion resulting from the Foothills Pumpback System (3) name, location and date of the calling water right on the South Platte River; (4) source(s) of water used for replacement; (5) amount of water from each source used for replacement; (6) location from which replacement water is introduced to the stream; and (7) transit losses, if any, in conveying replacement water in the natural stream. 21. Name and address of owners or reputed owners of the land upon which any new or existing diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool other than the Applicant. Name of Owner, Mailing Address, Metro Wastewater Reclamation District, 6450 York St. Denver CO 80229. South Platte Water Renewal Partners, 2900 S Platte River Dr, Englewood, CO 80110. US Army Corps of Engineers, Omaha District, 1616 Capitol Ave., Ste. 9000, Omaha, NE 68102. 18CW3193 City of Loveland, Colorado, c/o Larry Howard, Senior Civil Engineer/Water Resources, 500 East 3rd Street, Loveland, Colorado 80537, Telephone: (970) 962-3703. APPLICATION TO QUANTIFY AND USE RETURN FLOWS IN LARIMER COUNTY. Please send all pleadings and correspondence to: Brian M. Nazarenus Esq., Sheela S. Stack, Esq., Ryley Carlock & Applewhite, 1700 Lincoln Street, Suite 3500, Denver, Colorado 80203, Telephone: (303) 863-7500. 2. Background. The City of Loveland (hereinafter “Loveland”) is a municipal corporation of the State of Colorado, and is responsible for providing water and wastewater services to approximately 25,000 customers in the Big Thompson River basin in Larimer County, Colorado. The approximate present Loveland water service area boundary is shown on Exhibit 1. 3. Purpose of the Application. In Case No. 02CW392, Loveland obtained a decree for changes of senior water rights on the Big Thompson River. As part of that decree, Loveland reserved the right to file an application at a later time to quantify its return flows resulting from irrigation of lawns, parks, golf courses, and other areas (“LIRFs”) derived from the changed water rights, and to fully use, reuse, and successively use those LIRF credits. The purpose of this Application is to quantify the LIRFs that Loveland is entitled to claim from Loveland’s municipal water system for water delivered in its current and future service area, and to obtain approval to use those LIRFs for the purposes described in paragraph 5, below. In addition, Loveland seeks to quantify effluent return flows from the Loveland Wastewater Treatment Plant (“Loveland WWTP”) (“Effluent Return Flows”) and return flows from the decant pond from the Loveland Water Treatment Plant (“WTP Return Flows”) which are attributable to the fully consumable portion of Loveland’s water rights described below. The LIRFs, Effluent Return Flows, and WTP Return Flows are collectively referred to herein as “Return Flows”. Return flows from Loveland’s municipal water service accrue to the Big Thompson River. Loveland’s water service area has been divided into drainage basins for purposes of analysis and quantification of the amount and location of the return flows. The return flow basins are shown on Exhibit 1. Loveland’s LIRFs accruing to the Big Thompson River will be calculated by Loveland based on surface runoff and deep percolation return flow percentages established in the decree entered in this case. The deep percolation portion of the LIRFs will be quantified based on the “Cottonwood Curve,” first approved in Case No. 81CW142, Water Division 1. Loveland claims return flows from reusable water applied prior to this Application that are now accruing to the Big Thompson River, as well as return flows that result from future application. 4. Sources of Return Flows. Water derived from the following sources listed in this paragraph is fully reusable to extinction by Loveland. Unless otherwise noted, Loveland claims all return flows from the following sources in its quantification claimed herein: 4.1. Fully consumable first use water and reusable return flows attributable to the water rights decreed in Case No. 02CW392. 4.2. Fully consumable first use water and reusable return flows attributable to those water rights stored pursuant to the decree entered in Consolidated Case Nos. 00CW108 and 03CW354. 4.3. Loveland’s fully consumable direct flow water right for the Loveland Pipeline pursuant to the decrees entered in Case Nos. 04CW358 and 13CW3090. 4.4. Reusable return flows attributable to Windy Gap Project Water in which Loveland currently holds or hereafter acquires an interest. The Windy Gap Project Water is water that is diverted pursuant to the Windy Gap decrees for the Windy Gap water rights which includes the following: (1) Windy Gap Reservoir, decreed in Case Nos. CA1768, 84CW112, 88CW169, 95CW33,

01CW203, and 08CW92; (2) Windy Gap Pump, Pipeline, and Canal, decreed in Case Nos. CA1768, 84CW112, 88CW169, and 89CW298; (3) Windy Gap Pump, Pipeline, and Canal, First Enlargement, decreed in Case Nos. W 4001, 84CW110, 88CW170, and 89CW298; (4) Windy Gap Pump, Pipeline, and Canal, Second Enlargement, decreed in Case Nos. 80CW108, 84CW111, 88CW171, and 89CW298; (5) Jasper Reservoir decreed in Case Nos. CA1768, 84CW112, 88CW169, 95CW33, 01CW203, and 08CW92; and (6) Jasper Pump and Pipeline, decreed in Case Nos. CA1768, 84CW112, 88CW169, 95CW33, 01CW203, and 08CW92. 4.5. Loveland’s portion of the fully consumable Gard Water Right pursuant to the decree entered in Case No. 07CW325. 4.6. Fully consumable water exchanged under the appropriative rights of exchange decreed in Case Nos. 02CW393 and 02CW394. 4.7. Such other fully consumable and reusable sources of water that Loveland now holds or may hereafter acquire an interest in. 5. Proposed Uses of LIRFs and Effluent Return Flows. The Return Flows quantified herein are those deliveries of the sources described above that result in both surface return flows and sub-surface return flows. Loveland intends to use Return Flows as they accrue to the Big Thompson River for: (1) replacement of return flow obligations associated with Loveland’s changed water rights in Case Nos.00CW108/03CW354 and 02CW392; (2) use as a substitute supply by exchange or substitution pursuant to decreed substitutions and exchanges and exchanges approved by the State Engineer under then-current statutory authority; and (3) as a replacement source in decreed augmentation plans. Loveland may also use the Return Flows for all municipal purposes including, domestic irrigation, watering of lawns, parks and grounds, commercial, industrial, mechanical, manufacturing, fire protection, sewage treatment, street sprinkling and cleaning, recreational, storage for later use, maintenance of operating detention, replacement, augmentation, exchange, and operation of the municipal water and sewage system Finally, the Return Flows may be used, reused, successively used, and disposed of to extinction for all lawful purposes, including but not limited to use as a substitute source of supply for augmentation and/or exchange, and including uses outside of Loveland’s service area by lease, trade, exchange, sale or such other arrangement entered into by Loveland. 6. Request for Relief. Loveland respectfully requests the following relief: 6.1. Quantification of the amount, timing and location of all of the above-described Return Flows; 6.2. Confirmation that Loveland has retained dominion and control and continues to retain dominion and control over such water after its prior use; and 6.3. Such additional relief that this Court deems just and proper. (5 pages, 1 exhibit)

18CW3194 Lower Latham Reservoir Company (“LLRC” or “Applicant”), 8209 W. 20th Street, Suite A, Greeley, Colorado 80634, (970) 353-6611. Please forward all future correspondence and pleading to Daniel K. Brown, Esq., and Whitney Phillips, Esq., Fischer, Brown, Bartlett & Gunn, P C., 1319 E. Prospect Road. Fort Collins, CO 80525. APPLICATION FOR FINDING OF REASONABLE DILIGENCE ON CONDITIONAL WATER RIGHTS AND EXCHANGES, AND TO MAKE ABSOLUTE IN PART IN WELD COUNTY. 2. Application. With this Application, LLRC seeks findings of reasonable diligence and to make absolute portions of the conditional water rights adjudicated in Consolidated Cases 03CW047 and 06CW291 (“Original Decree”). The Original Decree authorized a plan for augmentation (“Augmentation Plan”), the change of 29.5 shares in the Lower Latham Ditch, and three conditional water rights, which are the subject of this Application. The conditional rights are: ground water rights for two augmentation wells (“Augmentation Wells”), surface water rights used for augmentation and replacement of well-pumping depletions (“Latham Augmentation Right”), and appropriative rights of substitution and exchange (“Latham Exchange Rights”) on the South Platte River and Beebe Draw. 3. Original Decree: Structure(s) and Water Rights. 3.1. Date of Original Decree: November 25, 2012, Consolidated Case Nos. 03CW047/06CW291, District Court Water Division 1, State of Colorado. 3.2. Ground Water Rights for the Augmentation Wells 3.2.1. Jurgens Well 1-12253. 3.2.1.1. Location. The Jurgens Well 1-12253 is an existing well located in the SW1/4 of Section 8, Township 5 North, Range 64 West, 6th P.M., at a distance of 1,565 feet from the west section line and 198 feet from the south section line of said Section 8. 3.2.1.2. Depth. 48 feet. 3.2.1.3. Source. Ground water tributary to the South Platte River. 3.2.1.4. Date of appropriation. November 30, 2007. 3.2.1.5. Amount. 2.67 cfs,

CONDITIONAL. 3.2.1.6. Use. Augmentation and replacement of depletions from wells included in the Augmentation Plan. 3.2.2. Jurgens Well 3-6606. 3.2.2.1. Location. The Jurgens Well 3-6606 is an existing well located in the SE1/4 of Section 8, Township 5 North, Range 64 West, 6th P.M., at a distance of 2,624 feet from the east section line and 193 feet from the south section line of said Section 8. 3.2.2.2. Depth. 67 feet. 3.2.2.3. Source. Ground water tributary to the South Platte River. 3.2.2.4. Date of appropriation. November 30, 2007. 3.2.2.5. Amount. 1.56 cfs, CONDITIONAL. 3.2.2.6. Use. Augmentation and replacement of depletions from wells included in the Augmentation Plan. 3.3. Latham Augmentation Right 3.3.1. Name of structure used for diversion: Lower Latham Ditch. 3.3.2. Location: The location of the diversion is the location of the existing headgate of the Lower Latham Ditch on the east bank of the South Platte River in the NW1/4 of the NE1/4 of Section 31, Township 5 North, Range 65 West, 6th P.M. 3.3.3. Source: South Platte River. 3.3.4. Date of appropriation: November 30, 2007. 3.3.5. Amount: 180 cfs, CONDITIONAL. 3.3.6. Use: Augmentation and replacement of depletions from wells included in the Augmentation Plan approved in the Original Decree by delivering water diverted under the Latham Augmentation Right pursuant to ¶32.9 of the Original Decree to generate accretions, and such accretions will either be placed to direct use or use by substitution and exchange in the appropriative rights of substitution and exchange decreed in the Original Decree. Applicant’s rights to reuse and successively use the water diverted pursuant to the this water right shall be limited to the diversion by exchange of Excess Recharge Accretions from the delivery of this water right to recharge sites determined in accordance with ¶29.3 of the Original Decree. Excess Recharge Accretions attributable to this water right may also be stored in Lower Latham Reservoir by operation of the exchange to Lower Latham Reservoir described in ¶10 of the Original Decree. 3.4. Latham Exchange Rights 3.4.1. Exchange reaches. The exchange reaches for the Latham Exchange Rights are described by the following Exchange-From Points and Exchange-To Points. An exchange matrix showing the exchanges is attached to the Original Decree as Exhibit E. 3.4.2. Exchange-From Points: 3.4.2.1. A point on the South Platte River immediately upstream from the Patterson Ditch river headgate located in the NE1/4 of the NE1/4 of Section 21, Township 5 North, Range 65 West, 6th P.M. 3.4.2.2. A point on the South Platte River immediately upstream from the Highland Ditch (aka Plumb Ditch) river headgate in the E½ of Section 14, Township 5 North, Range 65 West, 6th P.M. 3.4.2.3. A point on the South Platte River immediately upstream from the Empire Inlet Canal River Headgate in the SW1/4 of the SW1/4 of Section 19, Township 5 North, Range 63 West, 6th P.M. 3.4.2.4. A point on the South Platte River immediately upstream from the Riverside Inlet Canal river headgate in the SW1/4 of the SW1/4 of Section 20, Township 5 North, Range 63 West, 6th P.M. 3.4.2.5. A point on the South Platte River immediately upstream from the Bijou Canal river headgate in the NE1/4 of the NE1/4 of Section 13, Township 4 North, Range 63 West, 6th P.M. 3.4.3. Exchange-To Points: 3.4.3.1. The river headgate of the Lower Latham Ditch located in the NW1/4 of the NE1/4 of Section 31, Township 5 North, Range 65 West, 6th P.M. 3.4.3.2. The Lower Latham Reservoir, located in parts of Section 34, and Section 35, Township 5 North, Range 65 West, and Sections 2 and 3, Township 4 North, Range 65 West, 6th P.M. 3.4.4. Source: The Latham Exchange Rights appropriate exchange potential in the South Platte River and the Beebe Draw in the exchange reaches described in ¶3.4.1 above. 3.4.5. Date of appropriation: November 30, 2007. 3.4.6. Amounts: 3.4.6.1. For exchanges to the Lower Latham Ditch: 35 cfs, CONDITIONAL. 3.4.6.2. For exchanges to the Lower Latham Reservoir: 21 cfs, CONDITIONAL. 3.4.7. Sources of substitute water supply: The sources of substitute water supply for the Latham Exchange Rights are Excess Recharge Accretions (as defined in ¶29.3 of the Original Decree) derived from water diverted pursuant to the LLDC Shares (as defined in ¶7 of the Original Decree), the Latham Augmentation Right, and the UDC Shares (as described in ¶14.2.6.2 of the Original Decree), as well as water delivered directly to the Cache la Poudre and/or South Platte River attributable to the GIC Shares (described in ¶14.2.6.1 of the Original Decree). Applicant shall not use the UDC Shares or the GIC Shares in the Latham Exchange Rights unless and until they have been approved for such use by a decree of this Court or, if available pursuant to the terms of C.R.S. §37-92-308(4), a substitute water supply plan approved by the State Engineer, and added to the augmentation plan pursuant to ¶32.3 of the Original Decree. 3.4.8. Use: Augmentation and replacement of depletions from wells included in the

Augmentation Plan approved in the Original Decree. 4.0 Claim to Make Absolute: Latham Augmentation Right. 4.1. Date Applied to Beneficial Use: April 11, 2016 4.2. Amount: 7.83 cfs 4.3. Use: Augmentation and replacement uses described in ¶3.3.6 above. 4.4. Location: diverted at the Lower Latham Ditch river headgate and delivered to the Schmidt Recharge Facility. 5. Claim to make absolute: Latham Exchange Rights. 5.1.From Bijou Canal Headgate to Lower Latham Reservoir (Exchange E-2) 5.1.1. Date applied to beneficial use. August 7, 2016 5.1.2. Amount. 16 cfs 5.1.3. Use. Augmentation and replacement uses by exchange as described ¶3.4.8 above. 5.1.4. Location. Reach E-2 (in the Exchange Matrix attached as Exhibit E to the Original Decree): from a point on the South Platte River immediately upstream from the Bijou Canal river headgate in the NE1/4 of the NE1/4 of Section 13, Township 4 North, Range 63 West, 6th P.M. (Reach E) to the Lower Latham Reservoir located in parts of Section 34, and Section 35, Township 5 North, Range 65 West, and Sections 2 and 3, Township 4 North, Range 65 West, 6th P.M. 6. Claim to Continue Remaining Conditional Rights: Applicant seeks to continue the following rights and portions of rights as conditional: Conditional Ground Water Rights for the Augmentation Wells; remaining conditional 172.17 cfs of the Latham Augmentation Right; remaining conditional 5 cfs for the Latham Exchange Right for Reach E-2 described above in ¶5 above; and Conditional Latham Exchange Rights for remaining reaches shown in Exhibit E of the Original Decree. In addition, if for any reason the Court concludes that any of the amounts claimed above as absolute are not made absolute, Applicant requests said amounts also be continued as conditional. 6.1. Detailed Outline of Continued Diligence: All of the conditional water rights decreed in the Original Decree are to be used in and as part of the Augmentation Plan. During this diligence period, Applicant has not only diverted the amounts set forth above in ¶¶4 and 5, and operated the Augmentation Plan each year, but also in numerous ways has continued to develop and improve the Augmentation Plan. Applicant has obtained final decrees for augmentation supplies to be used in the Augmentation Plan and referenced in ¶14.2.6 of the Original Decree (Case No. 12CW96 and Case No. 06CW292). In Case No. 13CW3057, Applicant also obtained a final decree changing the use of water represented by 3 shares in the Lower Latham Ditch Company in Case No. 13CW3057 for use in the Augmentation Plan. Applicant has filed and is presently prosecuting the change of shares in the Highland Ditch (a/k/a Plumb Ditch) in Case No. 17CW3018, for use in the Augmentation Plan. Applicant is also prosecuting Case No. 18CW3149 seeking to modify the Original Decree to remove the WCR 69 Spillway and to add the Hardin Return Structure as augmentation stations in the Original Decree, both of which revisions were necessitated by the construction of the 70 Ranch Reservoir in Section 3, Township 4 North, Range 63 West of the 6th P.M. In Case No. 18CW3062, Applicant obtained a decree to remove certain wells from the Augmentation Plan. In addition, Applicant has done numerous things during the diligence period in furtherance of the operation of the Augmentation Plan including but not limited to: (1) the preparation and filing of numerous quota reports and projection, and updates to the same; (2) notices to add water rights, including the water represented by the shares changed in 06CW292 and 13CW3057; and (3) the filing of substitute water supply plans for the inclusion of replacement sources for use in the Augmentation Plan, including SWSPs in Cases 06CW292, 12CW96, 13CW3057, and 17CW3018. Specifically, but not by way of limitation, Applicant has been or is involved in no less than 45 court cases for the purpose of protecting and defending its water rights and irrigation system, including the water rights and Augmentation Plan decreed in the Original Decree. In all of these matters, Applicant has, since 2013, expended no less than $267,400 in legal fees and $573,000 in engineering fees related both to the defense of these water rights and to efforts to make these rights absolute. Applicant has expended an additional $700,000 in legal, professional, and other fees to develop the additional water sources and assess potential water sources and has spent an additional $2.5 million to develop augmentation water supplies and structures. Applicant has continued to maintain the ditch channels and recharge facilities, including in particular the Schmidt Recharge Facility, described a recharge structure in the Original Decree. Further, Applicant has completed construction on two new recharge ponds: the 1.4 acre-foot Lower Latham Recharge Pond No. 1, developed in 2013 and approved in 2014; and the 9.5 acre-foot, dual-cell Kersey Recharge Facility, developed and approved in 2014. Applicant also initiated construction on a third recharge facility, the Kersey Recharge Facility No. 2, in June of 2018. That 4-cell facility with a combined capacity of about 21.6 acre feet is expected to be

completed by mid-2019. For the development of these structures/facilities, Latham has incurred expenses related to surveying, geotechnical investigations, design engineering, construction, instrumentation/SCADA installation, maintenance, and ongoing groundwater monitoring. Applicant has also investigated the development of other recharge and lined storage facilities. 7. Proof and Additional Details. Applicant will provide additional details and proof as requested or deemed necessary by the Court. 8.Right to Supplement. Applicant reserves the right to supplement this Application with additional information on Applicant’s work and expenses related to its continued diligence toward making absolute the conditional rights described herein. 9. Notice Requirement, Section 37-92-302(2)(b). 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. Not applicable. 8 pages.

18CW3195 City of Brighton, 500 South 4th Avenue, Brighton, Colorado 80601, Attn: Philip Rodriguez, City Manager, (303) 655-8747. All future correspondence and pleadings to Brent A. Bartlett, Esq., and Sara J.L. Irby, Esq., Fischer, Brown, Bartlett & Gunn, P.C., 1319 E. Prospect Road, Fort Collins, Colorado 80525, (970) 407-9000. APPLICATION FOR CHANGE OF WATER RIGHTS, APPROPRIATIVE RIGHTS OF EXCHANGE AND CONDITIONAL APPROPRIATION OF RETURN FLOWS IN ADAMS, WELD, DOUGLAS AND JEFFERSON COUNTIES. 2. Description of Application. The City of Brighton (“Brighton” or “Applicant”) operates a municipal water and sewer system that obtains a portion of its raw water supply from tributary ground water in the South Platte and Beebe Draw basins, treats the water, and supplies the water to its customers. Out-of-priority depletions resulting from the pumping of Brighton’s South Platte wells and Beebe Draw wells are augmented through Brighton’s decreed South Platte and Beebe Draw well augmentation plans (Case Nos. 2000CW202 and 2003CW320). Brighton supplements the augmentation water utilized in these plans with additional sources of water described in Case Nos. 2004CW174, 2009CW144 and 2015CW3012. Collectively these decree(s) operate in an integrated fashion to augment depletions from all of Brighton’s tributary wells. The principle purposes of this Application are to change the water rights represented by Applicant’s ownership in the Spickerman Ditch (Upper and Lower) and the Robert Lewis Ditch, and to appropriate the return flows associated with Brighton’s interest in the Spickerman and Robert Lewis water rights. CHANGE OF WATER RIGHTS 3. Description of water rights for which change is sought: A. Upper Spickerman Ditch: 3.14 cubic feet per second of Priority No. 12, decreed by the District Court of the Second Judicial District on February 4, 1884, with an appropriation date of November 1, 1862. The Upper Spickerman Ditch is located in the NW1/4 of Section 7, Township 5 South, Range 69 West, 6th P.M., Jefferson County, Colorado, and the source of the water is Turkey Creek, as previously changed and quantified in Case No. 1982CW473 and Case No. 2004CW197, District Court, Water Division No. 1, State of Colorado. B. Lower Spickerman Ditch: 5.13 cubic feet per second of Priority No. 18, decreed by the District Court of the Second Judicial District on February 4, 1884, with an appropriation date of June 1, 1865. The Lower Spickerman Ditch is located in the SW1/4 of Section 6, Township 5 South, Range 69 West, 6th P.M., Jefferson County, Colorado, and the source of the water is Turkey Creek, as previously changed and quantified in Case No. 1982CW473 and Case No. 2004CW197, District Court, Water Division No. 1, State of Colorado. C. Robert Lewis Ditch: 179.525 inches (4.675 cfs) of the 652.8 inches (17.0 cfs) of Priority No. 19 originally decreed by the District Court of the Second Judicial District in Civil Action No. 6832 on February 4, 1884, with an appropriation date of October 1, 1865 originally decreed for irrigation from Bear Creek with the original point of diversion located in the NW1/4 NW1/4 of Section 1, Township 5 South, Range 70 West of the 6th P.M. and was changed to the Arnett Ditch (a/k/a Harriman Ditch, a/k/a Arnett-Harriman Ditch) by decree entered February 13, 1912, in Civil Action No. 51248, as previously changed and quantified in Case No. 1984CW221, District Court, Water Division No. 1, State of Colorado. 4. Detailed description of proposed change: A. The location of the change is to any area within the service area of Brighton as such area now exists or may exist in the future, within the counties of Adams and Weld. B. The changed uses, in addition to the existing decreed uses, are for all municipal, augmentation, recharge, replacement,

exchange and substitution, either directly or following storage. Municipal uses include, but are not limited to, domestic, mechanical, manufacturing, industrial, fire protection, sewage treatment, street sprinkling, irrigation of parks, lawns, gardens and grounds, augmentation and replacement, recharge, use as a substitute supply, adjustment and regulation of municipal water systems, including further exchange with other municipal water systems and with other water users, within the City of Brighton’s service area as it may exist both now and into the future and meeting contractual obligations outside of Brighton’s service area. Applicant has quantified their percentage of historic diversions of the water rights described in paragraph 3, and the historical consumptive use derived therefrom, and seeks the right to fully consume such percentage when the changed water is used for the above changed purposes, including by reuse or successive use. Such right of reuse and successive use shall be conditioned upon Applicant’s ability to maintain legal dominion and control over such water, and upon such notification, identification and reporting as the Division Engineer may require. C. The amount of water to be changed is the entire volume of water to which the water rights described in paragraph 3 of this application are entitled. D. Applicant seeks the right to store the water rights to be changed. The identified places of storage include the Ken Mitchell Lakes, the 124th Avenue Storage Pond, Erger’s Pond, Barr Lake, Soda Lakes, and Bear Creek Lake as well as any other storage site that might be available to Brighton. The locations of these structures are as follows: 1. Ken Mitchell Lakes, located in parts of Sections 11, 12, 13, and 14, Township 1 South, Range 67 West, of the 6th P.M. 2. 124th Avenue Reservoir, located in the NE1/4 of the SW1/4 and the NW1/4 of the SE1/4 of Section 35, Township 1 South, Range 67 West of the 6th P.M. 3. Erger’s Pond, which is adjacent to Cell 1 of Ken Mitchell Lakes in Section 12, Township 1 South, Range 67 West of the 6th P.M. 4. Barr Lake is within parts of Sections 15, 21, 22, 23, 26, 27, 28, 33 and 34, Township 1 South, Range 66 West of the 6th P.M. 5. Soda Lakes Reservoirs 1 and 2, located in the NW1/4, SW1/4 and SE1/4 of Section 1, Township 5 South, Range 70 West of the 6th P.M. 6. Bear Creek Lake, located in portions of Sections 31 and 32, Township 4 South, Range 69 West of the 6th P.M.; portions of Sections 5 and 6, Township 5 South, Range 69 West of the 6th P.M.; and portions of Section 1, Township 5 South, Range 70 West of the 6th P.M. E. The proposed plan of operation is to use that portion of the changed rights that the court determines historically returned to the stream system to duly replace such historically received return flows to the extent necessary to prevent injury to water rights senior in priority to the date of the filing of this application. The fully consumed portion as determined by the court shall, either on an immediate basis following diversion, or following storage, be used for all municipal purposes as above described, including contractual obligations with other municipalities, and the use for augmentation and replacement water under the Decrees for 2000CW202, 2003CW320, 2004CW174, and 2009CW144, or as substitute supply water in substitute water supply plans that may be approved by the State Engineer in regard to those four cases. APPROPRIATIVE RIGHTS OF EXCHANGE 5. Brighton seeks a decree for conditional appropriative rights as to the following exchanges and the providing of substitute supplies in accordance with the provisions of Sections 37-80-120(2)(3) and (4), and 37-83-104, C.R.S. 5.1. Exchanges Up Bear Creek A. The upstream and downstream exchange points of the reaches of the exchanges up Bear Creek are as follows: 1. Downstream Points for the Exchanges (Exchange From Points): a. Point A - The confluence of Brighton’s North Storm Drain Outfall and the South Platte River, located in the SE1/4 of the SW1/4 of the SW1/4 of Section 31, Township 1 North, Range 66 West, of the 6th P.M. This is the most downstream point of the exchange reach. b. Point B - The confluence of Brighton’s South Storm Drain Outfall and the South Platte River located in the SE1/4 of the NW1/4 of the NE1/4 of Section 12, Township 1 South, Range 67 West, of the 6th P.M. c. Point C - The outfall of Ken Mitchell Lake, which is located near the point where the South Platte River crosses the west line of Section 12, Township 1 South, Range 67 West, of the 6th P.M. d. Point H - The outfall of Brighton’s South Platte WWTP, which is presently located in the NW1/4 of the NW1/4 of the SW1/4 of Section 6, Township 1 South, Range 66 West, of the 6th P.M. e. Point H-1 - Northern Treatment Plant located in the SE1/4 of the SW1/4 of Section 31, Township 1 North, Range 66 West, of the 6th P.M. f. Point J - 124th

Avenue Reservoir Outfall, located in the NW1/4 of the SE1/4 of Section 35, Township 1 South, Range 67 West, of the 6th P.M. g. Point N – The outfall of Erger’s Pond, which is located in the N1/2 of Section 12, Township 1 South, Range 67 West, of the 6th P.M. h. Point P - Bear Creek Dam and Reservoir, located in

portions of Sections 31 and 32, Township 4 South, Range 69 West, of the 6th P.M.; portions of Sections 5 and 6, Township 5 South, Range 69 West, of the 6th P.M.; and portions of Section 1, Township 5 South, Range 70 West, of the 6th P.M. i. Point Q - The Upper Spickerman (aka Spickerman) Ditch historical headgate located in the NW1/4 of Section 7, Township 5 South, Range 69 West, of the 6th P.M., Jefferson County, Colorado, and the source of the water is Turkey Creek, as previously changed and quantified in Case No. 2004CW197, District Court, Water Division No. 1, State of Colorado. This headgate is no longer administered, so the water will be measured and administered at a new USGS streamgaging station located on Turkey Creek in the SW1/4 of Section 6, Township 5 South, Range 69 West, of the 6th P.M. j. Point R - The Lower Spickerman Ditch historical headgate is located in the SW1/4 of Section 6, Township 5 South, Range 69 West, of the 6th P.M., Jefferson County, Colorado, and the source of the water is Turkey Creek, as previously changed and quantified in Case No. 2004CW197, District Court, Water Division No. 1, State of Colorado. This headgate is no longer administered, so the water will be measured and administered at a new USGS streamgaging station located on Turkey Creek in the SW1/4 of Section 6, Township 5 South, Range 69 West, of the 6th P.M. 2. Upstream Points for the Exchanges (Exchange To Points): a. Point P - Bear Creek Dam and Reservoir, located in portions of Sections 31 and 32, Township 4 South, Range 69 West, of the 6th P.M.; portions of Sections 5 and 6, Township 5 South, Range 69 West, of the 6th P.M.; and portions of Section 1, Township 5 South, Range 70 West, of the 6th P.M. b. Point S – Arnett-Harriman Ditch, located on the south bank of Bear Creek, NE1/4 of the NE1/4 of Section 2, Township 5 South, Range 70 West, of the 6th P.M. B. Sources of Substitute Supply. Water made available by operation of Brighton’s plan for augmentation decreed in Case No. 2000CW202, water made available by operation of Brighton’s plan for augmentation decreed in Case No. 2003CW320, water available pursuant to the change of water rights decreed in Case No. 2004CW174, water available pursuant to the change of water rights decreed in Case No. 2009CW144, water stored in Ken Mitchell Lakes under Case No. 1992CW018, water stored in 124th Avenue Storage Pond under Case No. 2002CW234, water stored in Erger’s Pond under Case Nos. 1998CW257 and 2008CW105, water made available to Brighton under contractual agreements, water made available to Brighton under free river conditions, and water available pursuant to the change of waters decreed herein. C. Date of Appropriation. November 30, 2018. D. Amount Claimed. The maximum simultaneous exchange rate to Bear Creek Dam and Reservoir will be limited to 226.9 c.f.s CONDITIONAL. The maximum simultaneous exchange rate to the Arnett-Harriman Ditch headgate will be limited to 60.0 cfs. The individual exchanges and claimed amounts are shown in the exchange matrix attached hereto as Exhibit A. E. Claimed uses. Those uses described in paragraph 4, above. 5.2. Exchanges on the South Platte River A. The upstream and downstream exchange points of the reaches of the exchanges along the South Platte River are as follows: 1. Downstream Points for the Exchanges (Exchange From Points): a. Point B - The confluence of Brighton’s South Storm Drain Outfall and the South Platte River located in the SE1/4 of the NW1/4 of the NE1/4 of Section 12, Township 1 South, Range 67 West, of the 6th P.M. b. Point C - The outfall of Ken Mitchell Lake, which is located near the point where the South Platte River crosses the west line of Section 12, Township 1 South, Range 67 West, of the 6th P.M. c. Point H - The outfall of Brighton’s South Platte WWTP, which is presently located in the NW1/4 of the NW1/4 of the SW1/4 of Section 6, Township 1 South, Range 66 West, of the 6th P.M. d. Point H-1 - Northern Treatment Plant located in the SE1/4 of the SW1/4 of Section 31, Township 1 North, Range 66 West, of the 6th P.M. e. Point J - 124th Avenue Reservoir Outfall, located in the NW1/4 of the SE1/4 of Section 35, Township 1 South, Range 67 West, of the 6th P.M. f. Point N – The outfall of Erger’s Pond, which is located in the N1/2 of Section 12, Township 1 South, Range 67 West, of the 6th P.M. 2. Upstream Points for the Exchanges (Exchange To Points): a. Point D-1 - Ken Mitchell Reservoir Pump Station Inlet Pipe, located on the east bank of the South Platte River, in the SE1/4 of Section 11, Township 1 South, Range 67 West, of the 6th P.M., at a point whence the Southwest Corner of said Section 11 bears approximately South 86o West, approximately 4,160 feet, in Adams County. B. Point D-2 – Ken Mitchell Reservoir Pump Station Inlet Pipe, located on the east bank of the South Platte River, in the NW1/4 of the SE1/4 of Section 14, Township 1 South, Range 67 West, of the 6th P.M., at a point whence the Southwest Corner of said Section 14 bears approximately South 69o West, approximately 4,000 feet, in Adams County. c. Point E –

Ken Mitchell Reservoir Inlet, located on the east bank of the South Platte River, in the SE1/4 of Section 14, Township 1 South, Range 67 West, of the 6th P.M., at a point whence the Southwest Corner of said Section 14 bears approximately South 88o30’ West, approximately 3,190 feet, in Adams County. d. Point F – A point where the South Platte River crosses the South line of Section 23, Township 1 South, Range 67 West, of the 6th P.M., in Adams County. This is an approximation of the upstream limit of the reach of the South Platte River that is depleted by pumping of applicant’s South Platte wells. e. Point G – The Fulton Ditch headgate located in the NE1/4 of the NE1/4 of the SE1/4 of Section 17, Township 2 South, Range 67 West, of the 6th P.M., in Adams County. f. Point I - the United Diversion Facility No. 3, located on the east bank of the South Platte River in the SW1/4 of Section 26, Township 1 South, Range 67 West, of the 6th P.M., in Adams County. g. Point M - the Burlington Canal Headgate, located on the east bank of the South Platte River in the SW1/4 of the NE1/4, Section 14, Township 3 South, Range 68 West, of the 6th P.M., in Adams County, Colorado, at a point approximately 3,084 feet east of the West line and 2,327 feet south of the North line of Section 14; latitude 039o47’30.97”N, longitude 104o58’0.92”W. In Case No. 2002CW403, affirmed by the Colorado Supreme Court in Case No. 2009SA133, the Court determined that the Globeville Area Flood Control Project structure constituted a new point of diversion for the Burlington Ditch at a point on the east bank of the South Platte River in the NE1/4 of the SW1/4 of Section 14, Township 3 South, Range 68 West, of the 6th P.M. The headgate is located at approximately latitude 039o47’24.69”N, longitude 104o58’9.97” W. The UTM coordinates are approximately NAD 1983 UTM Zone 13N 502616.89E 4404471.42N. B. Sources of Substitute Supply. Water made available to Brighton under contractual agreements, water made available to Brighton under free river conditions, and water available pursuant to the change of water rights decreed herein. C. Date of Appropriation. November 30, 2018. D. Amount Claimed. The maximum simultaneous exchange rate for Brighton's exchanges on the South Platte River using the water rights that are the subject of this change application will be limited to 99.5 c.f.s CONDITIONAL. The individual exchanges and claimed amounts are shown in the exchange matrix attached hereto as Exhibit B. E. Claimed uses. Those uses described in paragraph 4, above. CLAIM OF APPROPRIATION OF RETURN FLOWS 6. Claim of Appropriated Return Flows. When the calling right downstream of the water rights described in paragraph 3 are junior to November 30, 2018, or there is no call from downstream of the headgates of the water rights described in paragraph 3, Applicant seeks the rights to use, reuse, successively use, and use to extinction, for all of the purposes described in paragraph 4, above, the historical return flow portion of water rights described in paragraph 3. A. Appropriation Information. 1. Date of Appropriation. November 30, 2018. 2. How Appropriation was Initiated. The appropriation date is based upon the date the Application in this case was filed. 3. Date Water First Applied to Beneficial Use. Not applicable. 4. Source. Turkey Creek and Bear Creek. 5. Amount Claimed. Any and all amounts of returns determined to be attributable to Brighton’s water rights described in paragraph 3, CONDITIONAL. 6. Claimed uses. Those uses described in paragraph 4, above. 7. Names and addresses of owners of land on which structures are located. All structures are owned by Brighton except as follows: The Robert Lewis Ditch rights are carried in the Arnett-Harriman Ditch, and the Arnett-Harriman Ditch is owned by the Denver Water Board, 1600 W. 12th Avenue, Denver, CO 80209. Soda Lakes Reservoir and Mineral Water Company is the owner and operator of Soda Lakes and is managed by the Denver Water Board, 1600 W. 12th Avenue, Denver, CO 80209. The Upper Spickerman Ditch headgate is located on property owned by the United States of America, Deed #2852-238, Jefferson County, Colorado. The Lower Spickerman Ditch headgate is located on property owned by Jefferson County, Colorado, Alice M. Risley, and Colorado Christian University and Hilltop Investments. Barr Lake Reservoir is owned by the Farmers Reservoir and Irrigation Company, 80 South 27th Avenue, Brighton, CO 80601. Bear Creek Lake is owned by the Army Corps of Engineers, Omaha District, 1616 Capital Avenue, Suite 9000, Omaha, NE 68102 and is under a 50-year lease with the City of Lakewood, 480 S. Allison Pkwy.Lakewood, CO 80226. WHEREFORE, Brighton requests the Court enter a decree granting the change of water rights, the conditional appropriation of rights of exchange, conditional appropriation of return flows, and for such other relief as the Court deems proper. 11 pages.

18CW3196 (2002CW345) Fort Morgan Reservoir and Irrigation Company, 218 East Kiowa, Fort Morgan, Colorado 80701, Telephone: (970) 867-7561; and Kennedy et al. Investment, LLC, c/o Gale Kennedy, 21949 WCR 3, Berthoud, CO 80513. Communications, including pleadings regarding this application should be directed to counsel for the Applicants, Cynthia F. Covell, Andrea L. Benson, and Gilbert Y. Marchand, Jr., Alperstein & Covell P.C., 1600 Broadway, Suite 1070, Denver, CO 80202. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE PORTION OF WATER RIGHTS ABSOLUTE, in WELD AND MORGAN COUNTIES. SURFACE WATER RIGHT. Name of Water Right. Fort Morgan Company/Kennedy Augmentation Water Right. Description of Conditional Water Right and Original Decree. a. Date of original decree: November 2, 2012, Case No. 02CW345, District Court, Water Division No. 1. Legal Point of Diversion: The headgate of the Fort Morgan Canal is located at a point on the South Bank of the South Platte River 1,518 feet North and 330 feet West of the Southeast Corner of Section 31, Township 5 North, Range 59 West of the 6th P.M., Morgan County, Colorado. A map depicting the location of the Fort Morgan Canal is attached as Exhibit A. Source. South Platte River. Date of Initiation of Appropriation: November 1, 2002. Amount: 50 c.f.s., Conditional, but not more than a total of 1,300 acre-feet during any period from November 1 to October 31 of the succeeding year. Uses: he water will be diverted at the Fort Morgan Canal headgate and delivered to the Kennedy Recharge Ponds described in the decree entered in Case No. 02CW345 and subsequent Notice of New Pond filed on March 18, 2014 in Case No. 02CW345. The recharge accretions generated by this water right shall be limited to use by Fort Morgan Company and Kennedy for augmentation to replace depletions from pumping wells described in Case Nos. 02CW345, W-2692, 91CW035, W-9383-78, 94CW186, 96CW017, 00CW261, and 01CW102, all decreed in Water Division 1. Excess recharge accretions may be substituted and exchanged pursuant to the Appropriative Right of Substitution and Exchange described below in paragraph 4 and in the decree entered in Case No. 2002CW345. APPROPRIATIVE RIGHT OF SUBSTITUTION AND EXCHANGE. Name of Water Right: Fort Morgan Company Substitution and Exchange. Description of Conditional Water Right and Original Decree. Date of original decree: November 2, 2012, Case No. 02CW345, District Court, Water Division No. 1. Legal Description of the Exchange-to Point: The Fort Morgan Canal headgate described in paragraph 3.b. above. Legal Description of the Exchange-from Point: A point on the South Platte River in the SE1/4 of the NE1/4 of Section 5, Township 4 North, Range 55 West, 6th PM, approximately 1,910 ft. from the North Section line and approximately 95 ft. from the East Section line of said Section 5. Date of Initiation of Appropriation. November 1, 2002. Amount claimed. 2 c.f.s., Conditional. Total diversions pursuant to this appropriative right of substitution and exchange in any period from November 1 to October 31 of the succeeding year shall not exceed 500 acre-feet. Use. Water diverted pursuant to this appropriative right of substitution and exchange shall be limited to use for augmentation as described in Case No. 2002CW345. Source of Supply. The source of substitute supply is limited to those excess recharge accretions from the Fort Morgan Company/Kennedy Augmentation Water Right described above. 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: Pursuant to paragraph 59 of the 02CW345 Decree, the Recharge and Exchange Rights are part of a unified water system so that work done on any one part of the system may be considered in evaluating reasonable diligence in the development of the Recharge and Exchange Rights. During the subject diligence period, Applicants have continued to plan for and pursue development and use of the Fort Morgan Company/Kennedy Augmentation Water Right and Fort Morgan Company Substitution and Exchange (“Recharge and Exchange Rights”), including but not limited to preparing and filing a Notice and Certificate of Service of (1) Surveys of Kennedy Recharge Pond #1 West and Kennedy Recharge Pond #2 East; and (2) Notice of New Pond, on March 18, 2014. In Case No. 2002CW345, the court authorized Applicants to use as evidence of completion of the appropriation in a subsequent application to make all or a portion of the water rights absolute, the beneficial use of diversions made pursuant to the water right decreed therein commencing on April 14, 2005. Since April 14, 2005, Applicants have diverted water under the Fort Morgan Company/Kennedy Augmentation Water Right when available in priority for delivery to the Kennedy Recharge Sites for recharge of the South Platte alluvial aquifer and replacement of well

pumping depletions. Kennedy has pumped the Kennedy Wells under the augmentation plan decreed in the 02CW345 Decree. When the projection of depletions from such wells as decreed in the 02CW345 Decree indicates that they will be replaced under the augmentation plan, they have been so replaced by the Fort Morgan Company/Kennedy Augmentation Water Right. Since April 14, 2005, Applicant Fort Morgan Company has diverted water under the Fort Morgan Company Substitution and Exchange when available in priority for delivery to Fort Morgan Canal and Kennedy Recharge Sites described in the 02CW345 Decree for purposes of replacement of depletions through recharge of the South Platte aquifer, and has engaged in routine operation and maintenance of the ditch and ditch laterals to permit delivery of recharge water to the Kennedy Recharge Sites. Applicant Fort Morgan Company has also reviewed the water court resume to determine if applications had been filed which might adversely affect the subject conditional water rights and has continued participation as an opposer in numerous water court cases within Water Division No. 1 in the interest of protecting the subject conditional water rights. Applicant Fort Morgan Company has expended approximately $261,944 in costs for legal and engineering fees for defense and protection of the subject conditional water rights. Applicants have expended $794,538 for the routine operation and maintenance of the infrastructure necessary to develop these water rights. Claim to make absolute in part: Fort Morgan Company/Kennedy Augmentation Water Right. Date water applied to beneficial use: April 22, 2009. Amount: Applicant Fort Morgan Company diverted 15.6 cfs at the headgate of the Fort Morgan Canal for delivery to the Kennedy Recharge Sites described in the Case No. 02CW345 decree. Therefore, Applicant Fort Morgan Water Company claims 15.6 cfs of the Fort Morgan Company/Kennedy Augmentation Water Right as absolute, with 34.4 cfs remaining conditional. Supporting Evidence: The April 2009 Water Commissioner’s Report on page 7 shows diversion of the Fort Morgan Company/Kennedy Augmentation Right on April 22, 2009, in the amount of 15.6 cfs, which report is attached to the Application as Exhibit B. Description of place of beneficial use: The 15.6 cfs of water diverted under the Fort Morgan Company/Kennedy Augmentation Water Right was delivered to the Kennedy Recharge Pond #2 described in paragraph 19.b.ii. of the Case No. 02CW345 Decree. The Kennedy Recharge Ponds are shown on the map attached to this Application as Exhibit A. Accretions of water to the South Platte River pursuant to the diversion of 15.6 cfs of the Fort Morgan Company/Kennedy Augmentation Right were used to augment depletions of wells under the augmentation plan(s) described in that case. Fort Morgan Company Substitution and Exchange. Date water applied to beneficial use: August 30, 2017. Amount: Applicant Fort Morgan Company exchanged 0.3 cfs of the Fort Morgan Company Substitution and Exchange right and delivered such water to the headgate of the Fort Morgan Canal for delivery to groundwater recharge sites described in the Case No. 02CW345 decree. Therefore, Applicant Fort Morgan Company claims 0.3 cfs of the Fort Morgan Company Substitution and Exchange right as absolute, with 1.7 cfs remaining conditional. Supporting Evidence: The August 2017 accounting completed by Applicant Fort Morgan Company shows excess accretions generated from the Kennedy Recharge Sites in August 2017 as being in the amount of 18.38 acre-feet or 0.3 cfs/day. The Water Commissioner’s August 2017 accounting shows 9.16 cfs total exchanged by Applicant Fort Morgan Company to the Fort Morgan Canal. Excerpts of those accountings are attached to this Application as Exhibit C. Description of place of beneficial use: The 0.3 cfs of water exchanged under the Fort Morgan Company Substitution and Exchange right was delivered to the recharge sites described in 02CW345 decree for purposes of replacement of depletions through recharge of the South Platte aquifer and augmentation purposes pursuant to the augmentation plans described in the Case No. 02CW345 Decree. 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: No 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 pursuant to this Application. However, all related structures are located on lands owned or controlled by Applicants or on which Fort Morgan Company owns an easement. WHEREFORE, Applicants, Fort Morgan Water Company and Kennedy, having demonstrated that they have steadily applied effort to complete the appropriation of these water rights in a reasonably expedient and efficient manner under all the facts and circumstances, respectfully request that this Court find that

they have exercised reasonable diligence in putting to beneficial use the conditional water rights decreed to the Fort Morgan Company/Kennedy Augmentation Water Right and the Fort Morgan Company Substitution and Exchange, that 15.6 cfs of the Fort Morgan Company/Kennedy Augmentation Water Right shall be made absolute, with 34.4 cfs remaining conditional, and 0.3 cfs of the Fort Morgan Company Substitution and Exchange right as absolute, with 1.7 cfs remaining conditional, and to continue the conditional decree for those portions of the subject water rights another six years, or such period as may otherwise be permitted by law. 18CW3197 Sean and Judith Pavlich, 10279 Inspiration Drive, Parker, CO 80138 (James Petrock, Petrock Fendel Poznanovic, P.C., 700 17th Street, #1800, Denver, CO 80202), APPLICATION UNDERGROUND WATER RIGHTS AND APPROVAL OF PLAN FOR AUGMENTATION, ELBERT COUNTY. 2.A. Pavlich Well No. 1, located in the SW1/4SW1/4 of Section 19, T7S, R64W of the 6th P.M., at a point 13 feet from the South and 1080 feet from the West section lines of said Section 19, as shown on Attachment A. 2.B. Pavlich Well No. 2, located in the SE1/4SW1/4 of Section 19, T7S, R64W of the 6th P.M., at a point 1110 feet from the South and 1600 feet from the West section lines of said Section 19, as shown on Attachment A. 3. Source: Groundwater, tributary to Running Creek, tributary of the South Platte River. 4. Rate of flow and annual amount: 350 g.p.m. (conditional) for each well and up to 90 acre-feet total annually through one or a combination of the two wells (conditional). 5. Date of appropriation: October 16, 2018.6. How appropriation initiated: Intent to appropriate water for beneficial use by verification of well locations and proposed irrigated areas. 7. Uses: Applicants are the owners of 139.7 acres of the land generally located in the S1/2 of Section 19 and the NW1/4 of Section 30, T7S, R64W, Elbert County, Colorado as described and shown on Attachment A hereto (Subject Property). The subject water rights will be used for irrigation of approximately 45 acres located on the Subject Property. Applicants reserve the right to increase or revise, without re-publication or amendment, the amount of irrigated acreage based on final and actual irrigation of the land. 8. Name of owner of land upon which structures will be located: Applicants. 9. Structures to be augmented: Pavlich Well No. 1 and 2 requested herein, and Miller Sump No. 1, as decreed in Case No. W-3120, in Water Court, Water Division 1, on October 15, 1975. The decreed location of the Miller Sump No. 1 is at a point in the NE1/4SW1/4 of Section 19, T7S, R64W of the 6th P.M., whence the SW corner of said Section 19 bears South 48°28’ West, 2249 feet (actual location of center of the sump is in the NE1/4SW1/4 of Section 19, at a point 1350 feet from the South and 1600 feet from the West section lines of said Section 19, as shown on Attachment A). 10. Source of augmentation water: Return flows from irrigation use from Pavlich Well No. 1 and 2 and return flow from use or direct discharge of nontributary groundwater underlying the Subject Property as decreed in Case No. 07CW270, Water Division 1. Applicants are the owners of nontributary Lower Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifer groundwater as evidenced by the deed attached as Attachment B hereto. 11. Statement of Plan for Augmentation: Applicants seek approval of this plan for augmentation to replace out of priority depletions to Running Creek or its alluvium from pumping of the Pavlich Well No. 1 and 2, using direct discharge or credit for return flows from use of the nontributary Denver Basin groundwater owned by Applicants as decreed in Case No. 07CW270. Out of priority diversions and any lagged depletions associated with use of these wells will be properly accounted for and replaced in the correct time, location, and amount using the augmentation sources described above. Pumping and use of the wells will be limited as necessary to ensure depletions do not exceed available augmentation supplies. Miller Sump No. 1 is a sump which exposes groundwater at its surface and evaporative loss will be augmented. The surface area of the sump is approximately 0.23 acres, and the estimated replacement of evaporation will be 0.7 acre-feet per year. The Miller Sump No. 1 will not be used for irrigation use under this plan for augmentation. Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (11 pages). 18CW3198, 44 Delbert, LLC, 10860 Democrat Road, Parker, CO 80134 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR AMENDMENT OF

AUGMENTATION PLAN, ELBERT COUNTY. Decree information for which amendment is sought: Case No. 17CW3183, decreed on May 21, 2018. Proposed amendment: Applicant is the owner of approximately 160 acres being the SW1/4 of Section 22, T6S, R65W of the 6th P.M., Elbert County, as shown on Attachment A (Subject Property), including groundwater in the Upper Dawson aquifer underlying the entire 160 acres as decreed in Case No. 05CW80. In the original decree, an augmentation plan was approved for use of 5.25 acre-feet per year of not nontributary Upper Dawson aquifer groundwater as decreed in Case No. 05CW80, for use through seven individual wells (0.75 acre-feet per well) on 74.9 acres of the Subject Property. By this application, Applicant requests that the seven Upper Dawson aquifer wells approved in Case No. 17CW3183 be located at any location on the Subject Property. No other provisions of the original decree will be changed. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. 18CW3199, Jeffery and Amber Michael, 23522 Glenmoor Drive, Parker, CO 80138 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, ELBERT COUNTY. 12 acres generally located in the W1/2 of Section 31, T7S, R64W of the 6th P.M., Elbert County, as described and shown on Attachment A hereto ("Subject Property"). Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S., and the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Upper Dawson: 3.7 acre-feet, Lower Dawson: 1.9 acre-feet, Denver: 4.6 acre-feet, Arapahoe: 4.9 acre-feet, Laramie-Fox Hills: 3.5 acre-feet. Proposed Use: Domestic, commercial, irrigation, livestock watering, fire protection, and augmentation purposes, including storage, both on and off the Subject Property. Groundwater to be augmented: All available Upper Dawson aquifer groundwater 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 use in one residence, irrigation of lawn, garden, and trees, fire protection, and stockwatering use. Applicants reserve the right to amend these uses without amending the application or republishing the same. 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 Applicants will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions occur to the Running Creek stream system. Return flows accrue to the South Platte River via Running Creek and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post pumping augmentation requirements. Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (6 pages). 18CW3200 United States Department of the Interior, National Park Service Rocky Mountain National Park 1000 U.S. Highway 36 Estes Park, CO 80517 Phone: (970) 586-120. c/o James J. DuBois, U.S. Dept. of Justice, 999 18th Street, South Terrace, Suite 370, Denver, CO 80202. Phone (303) 844-1375.CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE UNITED STATES OF AMERICA IN LARIMER COUNTY, COLORADO - 1. Name, address, telephone number of applicant: United States Department of the Interior, National Park Service Rocky Mountain National Park 1000 U.S. Highway 36 Estes Park, CO 80517 Phone: (970) 586-120. c/o James J. DuBois, U.S. Dept. of Justice, 999 18th Street, South Terrace, Suite 370, Denver, CO 80202. Phone (303) 844-1375. 2. Description of points of diversion for changes in exchanged water: A. Alpine Visitor Center Surface Diversion (decreed in Case No. 10050, Boulder County District Court). This structure is located on the north side of a nameless tributary at the headwaters of Fall River in the NE1/4 of the NE1/4 of

Section 1, T 5 N, R 75 W, 6th P.M., and from which point the NE corner of said Section 1 bears north 21° 48′ east 549 feet (the corner being a scribed stone of GLO survey of 1882). See location maps attached hereto as Exhibit 1. B. Glacier Basin Campground Well (permit no. 80824-F). This well is located in the SE1/4 of the NW1/4 of Section 8, T 4 N, R 73 W, 6th P.M. This well is a point of diversion for a portion of the 150 acre-feet of water for future consumptive use decreed to the Rocky Mountain National Park in Case No. W-8439-76 (W-8788-77). 3. Previous decree of water right to be changed: A. Date entered: June 14, 2001. B. Case No.: 2009CW263. C. Court: Water Division 1, State of Colorado. D. Type of water right: Appropriative rights of exchange. E. Legal description of points of diversion or places of storage: Numerous points of diversion and places of storage in the Colorado River basin. F. Source of exchange water to be changed: Colorado River via Alva Adams Tunnel. G. Amount of exchange water to be changed: Up to 23.35 acre-feet per year at a rate not to exceed 0.184 c.f.s. H. Appropriation: October 20, 2009. I. Decreed uses of exchange water to be changed: Irrigation, sanitary, domestic, power, industrial, fisheries, and recreation. 4. Historical Use of Appropriative Right of Exchange: The United States of America (“United States”) acquired water rights for the Colorado-Big Thompson Project (“C-BT”) in a United States District Court action in the nature of a quiet title suit, and the Decrees were entered on October 12, 1955, and supplemented by a Decree dated April 16, 1964. Those water rights are subject to the 1938 contract between the United States and the Northern Colorado Water Conservancy District (the “District”). Article 24 of the 1938 Contract between the United States and the District states: “There is hereby understood and agreed that the United States shall have the right to permit the release of a sufficient amount of water made available by the project works, without charge to the National Park Service, not to exceed a total of three second-feet of water at Granby Reservoir pumping plant No. 1 or other points on the project works, said releases to be made to permit the use in Rocky Mountain National Park of a like amount of water for irrigation, culinary, domestic, or related purposes; provided that additional project water shall be released at the same points without charge to permit the use of additional water if needed for culinary, domestic, or related uses in said park; and provided further that the United States through the National Park Service may make, without objection by the District, such additional non-consumptive uses of water as it deems necessary so long as such use does not render the water unavailable to the project, allowing for slight consumptive loss unavoidably incident to such non-consumptive uses.” Pursuant to Memoranda of Understanding and Agreements dated April 28, 2003 and October 20, 2009, and a Second Addendum and Appendix to Agreement dated October 20, 2009, among the National Park Service, the United States Bureau of Reclamation (“Bureau”) and the District, the District and the Bureau have agreed to release C-BT Project water for the exchanges described herein, provided said water is charged against and deducted from the 3.0 c.f.s. referenced in Article 24. Water is pumped from Granby Reservoir Pumping Plant No. 1 to Shadow Mountain Lake, thence flows by gravity into Grand Lake and is diverted through the Alva B. Adams Tunnel to Water Division No. 1. 5. Statement of proposed changes in decreed appropriative rights of exchange: Since the entry of the Decree in Case No. 2009CW263, withdrawals of groundwater from Glacier Basin Campground Well have increased and surpassed the amount (3.4 acre-feet per year) set forth in paragraph 14.C. of the aforementioned Decree. Conversely, the diversion of surface water by the Alpine Visitor Center Surface Diversion has declined as a result of its conversion to a backup water supply source for the Alpine Visitor Center Well. Therefore, the National Park Service requests that the amount of groundwater withdrawal allowed from the Glacier Basin Campground Well pursuant to exchange be increased from 3.4 acre-feet per year to 6.0 acre-feet per year. This increase will be offset by a reduction of 2.6 acre-feet per year, from 16.947 acre-feet per year to 14.347 acre-feet per year, in the amount of surface water that can be diverted pursuant to exchange at the Alpine Visitor Center Surface Diversion. The maximum rates of exchange for each of these two points will remain the same as decreed in paragraphs 14.A. and 14.B. of Case No. 2009CW263. The combined maximum annual volume of diversions and/or withdrawals by these two points will be limited to 20.347 acre-feet per year. At such times when the diversion and/or withdrawal of water by the Alpine Visitor Center Surface Diversion and/or the Glacier Basin Campground Well would be curtailed by the Division Engineer or Water Commissioner, the National Park Service will ask the Division Engineer or Water Commissioner to request that C-BT Project water be

released in order to allow diversions and/or withdrawals to continue by exchange of C-BT Project water. The C-BT Project water to be exchanged will be released by the Bureau from C-BT Project facilities (Lake Estes) to the Big Thompson River, and diverted by exchange on a one-for-one basis by diversions and/or withdrawals by the Alpine Visitor Center Surface Diversion and/or the Glacier Basin Campground Well. The Alpine Visitor Center Surface Diversion is located on the north side of a nameless tributary at the headwaters of Fall River in the NE1/4 of the NE1/4 of Section 1, T 5 N, R 75 W, 6th P.M., and from which point the NE corner of said Section 1 bears north 21° 48′ east 549 feet (the corner being a scribed stone of GLO survey of 1882). The Glacier Basin Campground Well is located 1,247 feet from Glacier Creek and withdraws groundwater that is tributary to Glacier Creek. C-BT Project water may be exchanged only to the extent that there is a continuous live stream in the Fall River below the Alpine Visitor Center Surface Diversion and/or in Glacier Creek below the Glacier Basin Campground Well. The exchange appropriation date as decreed in Case No. 2009CW263 shall remain October 20, 2009, the date of the Memorandum of Understanding and Agreement and Second Addendum and Appendix to Agreement among the National Park Service, the Bureau, and the District regarding the use of Article 24 water for this appropriative right of exchange. The appropriative right of exchange will only be operated with prior approval of the Division Engineer or Water Commissioner and may be subject to transit loss charges, if necessary, to prevent injury to other water rights. The National Park Service will account for its exchange of C-BT Project water and report this information to the Division Engineer using such accounting forms as may be reasonably acceptable to the Division Engineer. 6. Name and address of owner of lands upon which points of diversion for exchanged C-BT Project water are located: United States of America, National Park Service, Rocky Mountain National Park, 1000 U.S. Highway 36, Estes Park, CO 80517. WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED.

YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of JANUARY 2019 (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.