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DISTRICT COURT, WATER DIVISION 1, COLORADO NOVEMBER 2014 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 2014 for each County affected.

14CW47 RICHARD A. SELLERS AND SUSAN J. MATLOCK, 16787 Beach Blvd., #141, Huntington Beach, CA 92647. 714-962-0939. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 4-26-02 in case 96CW964, WD1; Date of subsequent decree: 11-12-08 in case 08CW72, WD1. Undeveloped Well located SE1/4, NW1/4, S28, T9S, R75W of the 6th PM at a distance 2550 ft. from N and 1500 ft. from W. 480 Arapahoe Circle in Indian Mountain subdivision; Lot 10; Filing 2. Source: Groundwater. Appropriation date: 5-31-73; Amount: 15 gpm, Conditional. Use: Household in a single family dwelling, not including irrigation. 14CW3132 Dechant Farms Partnership c/o Alvin Dechant, Jr. 11521 WCR 49, Hudson, CO 80642. Please send correspondence and pleadings to Bradley C. Grasmick, Lawrence Jones Custer Grasmick, LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534, (970) 622-8181; brad@ljcglaw.com. CONCERNING THE APPLICATION FOR WATER RIGHTS IN WELD COUNTY. 2. Decreed Name of Structure for which Change is Sought: Well nos. 6379 and 15982, both of which were decreed in Case No. W-5322, as more fully described below. 3. Background: Applicant is the owner of two groundwater rights in Weld County, diverted by Well Nos. 6379 and 15982 (“Subject Wells”), both of which were decreed in Case No. W-5322 (“W-5322 Rights”). By this Application, Applicant seeks to (1) change the point of diversion of the W-5322 Rights to a separate groundwater well also owned by Applicant, and (2) change the place of use of the W-5322 Rights to irrigation of other lands owned by Applicant. 4. Description of W-5322 Rights: 4.1. Well no. 6379 was decreed on June 2, 1975 in Case No. W-5322: 4.1.1. Location: SW1/4 of SE1/4 of Section 24, Township 2 North, Range 65 West of the 6th P.M, Weld County, Colorado, at a point 360 feet North and 1555 feet West of the SE corner of said Section 24. 4.1.2. Date of Appropriation: June 27, 1955. 4.1.3. Amount: 1.78 cfs. 4.1.4. Source: Groundwater. 4.1.5. Use: Together with Well No. 15982, irrigation of 260 acres in part of the NE1/4 of Section 30 and part of the SW1/4 of Section 19, all in Township 2 North, Range 64 West of the 6th P.M. Weld County, Colorado. 4.2. Well no. 15982 was decreed on June 2, 1975 in Case No. W-5322: 4.2.1. Location: SW1/4 of SE1/4 of Section 24, Township 2 North, Range 65 West of the 6th P.M, Weld County, Colorado, at a point 90 feet North and 1550 feet West of the SE corner of said Section 24. 4.2.2. Date of Appropriation: June 30, 1955. 4.2.3. Amount: 1.44 cfs. 4.2.4. Source: Groundwater 4.2.5. Use: Together with well no. 6379, Irrigation of 260 acres in part of the NE1/4 of Section 30 and part of the SW1/4 of Section 19, all in Township 2 North, Range 64 West of the 6th P.M. Weld County, Colorado. 5. Requested Change: As described above, the W-5322 Rights were decreed and have historically been used for irrigation of 260 acres in Sections 30 and 19, Township 2 North, Range 64 West of the 6th P.M. in Weld County. Use of the W-5322 Rights on that land has been augmented by the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District (“GMS”). Applicant owns 260 acres in the W1/2 of Section 31, Township 3 North, Range 64 West (“Section 31 Lands”) that Applicant wishes to irrigate with the W-5322 Rights. Applicant is requesting that the W-5322 Rights currently diverted at the Subject Wells be changed such that the W-5322 Rights be diverted at Well no. 11186-F, located in the NE1/4 of SE1/4 of Section 36, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado, at a point 1350 feet North and 40 feet West of the SE corner of said Section 36, such that Applicant can irrigate 260 acres in the Section 31 Lands. 6. Proposed Terms and Conditions: To prevent an expansion of use and to prevent injury to other water users, Applicant proposes the following terms and conditions on the requested change: 6.1. Number and Location of Acres to be Irrigated. Once changed, the amount of acreage irrigated by the W-5322 Rights in the W1/2 of Section 31, Township 3 North, Range 64 West shall not exceed the 260 acres historically and lawfully irrigated by the

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W-5322 Rights by the Subject Wells. 6.2. W-5322 Rights Will Continue to be Fully Augmented. Applicant and GMS are parties to that certain Petition for Class D Irrigation Water Allotment Contract #239 dated April 3, 2012 (“Contract #239”). Pursuant to Contract #239, GMS provides up to 283.4 acre-feet of augmentation water annually to offset out-of-priority depletions resulting for Applicant’s use of the Subject Wells for irrigation of 260 acres. Applicant has initiated the process with GMS of transferring this annual allotment of augmentation water under Contract #239 from the Subject Wells to Well no. 11186-F. The post pumping depletions resulting from the use of the W-5322 Rights and the out-of-priority depletions resulting from use of the Well no. 11186-F for irrigation of the 260 acres in the Section 31 Lands shall be replaced pursuant to the augmentation plan decreed in Case No. 2002CW335. 7. Well no. 11186-F. Well no. 11186-F was decreed in Case No. W-4716 on November 6, 1974, as amended on August 29, 1979 for the irrigation of 125 acres in the SE1/4 of Section 36, Township 3 North, Range 65 West of the 6th P.M. in Weld County. Well no. 11186-F was decreed for 2.2 cfs with an appropriation date of October 27, 1966. Nothing in this Application is intended to modify, amend, or abandon this other water right associated with Well no. 11186-F. 8. Applicant is the owner of Well no. 11186-F and the lands upon which said well is situated. Applicant is the owner of the Section 31 Lands. The original format of this application is four (4) pages in length. 14CW3133, Anthony and Debra Falcone, 1750 Tomah Road, Larkspur, CO 80118 (James Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), NOT NONTRIBUTARY DENVER AND NONTRIBUTARY ARAPAHOE AND LARAMIE-FOX HILLS AQUIFERS, DOUGLAS COUNTY. 58.5 acres located in the E1/2W1/2 of Section 9, T9S, R67W of the 6th P.M., Douglas County, as described and shown on Attachment A hereto ("Subject Property"). Annual Amounts: Denver: 45 acre-feet; Arapahoe: 27 acre-feet; Laramie-Fox Hills: 15 acre-feet. Uses: Domestic, commercial, irrigation, stockwatering, and augmentation purposes, including storage, on and off the Subject Property. Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (4 pages). 14CW3134. Timbro Ranch Cattle Company, LLC, 4700 South 60th Avenue, Suite 4, Arvada, Colorado 80003, Telephone: 303.955.2534. Please address all correspondence to Applicant’s counsel: Steven O. Sims and John A. Helfrich, Brownstein Hyatt Farber Schreck LLP, 410 Seventeenth Street, Suite 2200, Denver, Colorado 80202-4437, Phone Number: 303-223-1100, Fax Number: 303-223-8006, E-mail: ssims@bhfs.com, jhelfrich@bhfs.com. APPLICATION FOR WATER RIGHTS IN WELD COUNTY. (1) Description of Wells: (a) Timbro Well No. 3. (i) Permit Number: N/A. (ii) Legal Description: (1) UTM format: UTM Zone 13; NAD83; Easting 585,296 meters; Northing 4,512,748 meters. (2) PLSS format: SW1/4 of the SW1/4 of Section 9, Township 9 North, Range 59 West, 6th P.M., 1,250 feet from the South section line, 810 feet from the West section line, Weld County, Colorado. (iii) Depth of Well: 1700 feet. Source: Upper Pierre Aquifer; (iv) Amount claimed: 300 gpm, 300 acre-feet per year, conditional; (b) Timbro Well No. 4. (i) Permit Number: N/A. (ii) Legal Description: (1) UTM format: UTM Zone 13; NAD83; Easting 583,516 meters; Northing 4,512,462 meters. (2) PLSS format: SW1/4 of the SW1/4 of Section 8, Township 9 North, Range 59 West, 6th P.M., 390 feet from the South section line, 170 feet from the West section line, Weld County, Colorado. (iii) Depth of well: 1700 feet. Source: Upper Pierre Aquifer. (iv) Amount claimed: 300 gpm, 300 acre-feet per year, conditional. (c) Timbro Well No. 5. (i) Permit Number: N/A. (ii) Legal Description: (1) UTM format: UTM Zone 13; NAD83; Easting 590,651 meters; Northing 4,512,674 meters. (2) PLSS format: SW1/4 of the SE 1/4 of Section 12, Township 9 North, Range 59 West, 6th P.M., 600 feet from the South section line, 2,490 feet from the East section line, Weld County, Colorado. (iii) Depth of well: 1700 feet. Source: Upper Pierre Aquifer. (iv) Amount claimed: 300 gpm, 300 acre-feet per year, conditional. (d) Timbro Well No. 6. (i) Permit Number: N/A. (ii) Legal Description: (1) UTM format: UTM Zone 13; NAD83; Easting 583,470 meters; Northing 4,513,894 meters. (2) PLSS format: NW1/4 of the NW1/4 of Section 8, Township 9 North, Range 59 West, 6th P.M., 190 feet from the North section line, 40 feet from the West section line, Weld County, Colorado. (iii) Depth of well: 1700 feet. Source: Upper Pierre Aquifer. (iv) Amount

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claimed: 300 gpm, 300 acre-feet per year, conditional. (e) Date of appropriation: November 13, 2014. (i) How was appropriation initiated: by filing this application. (ii) Date water applied to beneficial use: N/A, conditional right. (f) Proposed Uses: agricultural, stock watering, industrial, oil and gas development. 3. Plan for Augmentation. (a) Names of structures to be augmented: Timbro Wells No. 3 through No. 6, as described above in section 2. (b) Water rights to be used for augmentation: Excess recharge credits from the Riverside Irrigation District and Riverside Reservoir and Land Company recharge plan decree in 02CW0086. (i) Date and case number of original and subsequent decrees: 02CW0086. (ii) Type of water right: Recharge accretions. (iii) Legal description: The twenty six (26) recharge structures are described in 02CW0086. The point of diversion for all structures is the Riverside Inlet Canal which has a capacity of 1000 cfs and has a point of diversion located on the north bank of the South Platte River in the SW1/4 SW1/4 of Section 20 T5N R63W of the 6th PM in Weld County, Colorado. (iv) Source: South Platte. (v) Appropriation date: April 30, 2002 for recharge ponds identified as Site Nos. 501 through 514; April 17, 2003 for recharge ponds identified as Site Nos. 515 through 552. (vi) Amount: Diversions pursuant to the recharge rights are limited to a combined total maximum of 20,000 acre feet in a single water year as measured into the recharge ponds not to exceed 115,500 acre feet over any twenty (20) consecutive water years. (vii) Decreed uses: Augmentation either directly or by exchange by recharge of the South Platte alluvial aquifer, wildlife, and piscatorial, subject to the provisions of paragraph 25.1 of the 02CW0086 decree as to the lease of excess recharge credits. (c) Statement of Plan for Augmentation. Applicant calculated the delayed depletions from Timbro Wells #3 through #6 using the Alluvial Water Accounting System (AWAS). Applicant determined that the nearest point of hypothetical stream depletion is approximately 36 miles south of the Timbro Wells #3 through #6 near Weldona and the South Platte River. Applicant will cause the augmentation sources to be released to the South Platte River at this location at the time and in the amount necessary to match the depletion schedule determined by the AWAS analysis. 4. Names and addresses of owners or reputed owners of the land upon which any new or existing structure is or will be constructed: The Applicant owns the land upon which Timbro Wells No. 3 through No. 6 are located. See Figure 1. 5. Other Comments. Applicant is exploring the possibility that Timbro Wells #3 through #6 will not, within one hundred years of continuous withdrawal, deplete the flow of a natural stream, including a natural stream as defined in sections 37-82-101 (2) and 37-92-102 (1) (b), at an annual rate greater than one-tenth of one percent of the annual rate of withdrawal. In the event that groundwater modeling and/or geologic evidence supports a non-tributary claim, Applicant will seek to amend its application to request a non-tributary water right instead of the conditional tributary water rights and augmentation plan that Timbro is requesting through this Application. 14CW3135, Republican River Water Conservation District, acting by and through its Water Activity Enterprise (“RRWCD WAE”), 410 Main Street, Suite 8, Wray, Colorado 80758, deb.daniel@rrrwcd.com, (970) 332-3552. For RRWCD WAE, direct all pleadings to: David W. Robbins, Peter J. Ampe, Hill & Robbins, P.C., 1660 Lincoln St., Suite 2720, Denver, CO 80264, email davidrobbins@hillandrobbins.com, peterampe@hillandrobbins.com. Yuma County Water Authority Public Improvement District (“YCWA PID”), c/o Yuma County Board of County Commissioners, 310 Ash, Suite A, Wray, CO 80758. For YCWA, direct all pleadings to: Steven O. Sims, John A. Helfrich, Dulcinea Z. Hanuschak, Brownstein Hyatt Farber Schreck, LLP, 410 17th St., Suite 2200, Denver, CO 80202, Email: ssims@bhfs.com; jhelfrich@bhfs.com; dhanuschak@bhfs.com. APPLICATION FOR CHANGE OF WATER RIGHTS IN YUMA COUNTY. A. Applicants seek to change the use of the ten water rights set forth in Section 3 below (collectively “Subject Water Rights”) to add use for augmentation. B. Applicant Republican River Water Conservation District was created in 2004 by section 37-50- 103(1), C.R.S., to cooperate with and assist the State of Colorado to assist in the state’s duty to comply with the limitations and duties imposed upon the state by the Republican River Compact (the “Compact”). The RRWCD Board of Directors established a water activity enterprise pursuant to article 45.1 of title 37 of the Colorado Revised Statutes. C. Applicant Yuma County Water Authority Public Improvement District is a public improvement district formed by the Yuma County Board of County Commissioners pursuant to the County Public

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Improvement Act of 1968, section 30-20-501 et. seq. C.R.S. D. The RRWCD WAE currently leases the Subject Water Rights in the drainage basin of the North Fork of the Republican River from the YCWAPID to assist the State of Colorado to comply with the Compact. 3. Decreed Water Rights for Which Change is Sought. A. O’Donnell Ditch and O’Donnell Ditch Enlargement. 1. Date of original decree: July 3, 1912, Case No. 872, District Court, Phillips County. 2. Legal description of structure: The headgate of the O’Donnell Ditch is located on the right or south bank of the North Fork of the Republican River at a point where the center corner of Section 6 in Township 1 North, Range 43 West of the 6th P.M., Yuma County, bears south 58 degrees 20 minutes west, 1,314 feet. The source of the public land survey system (PLSS) information is the original decree for the water right. 3. Decreed source of water: North Fork of the Republican River. 4. Appropriation dates and amounts: June 1, 1887; 4 c.f.s. (Priority No. 1); December 31, 1893; 2 c.f.s. (Priority No. 8). 5. Total amount decreed to structure: 6 c.f.s., absolute. 6. Decreed use: Irrigation. 7. Amount of water that Applicants intend to change: 6 c.f.s., absolute. B. Laird Ditch. 1. Date of original decree: July 3, 1912, Case No. 872, District Court, Phillips County; February 11, 2010; Case No. 09CW27, District Court, Water Division No. 1. 2. Legal description of structure: The headgate of the Laird Ditch is located on the north bank of the Republican River in the Northwest Quarter of the Northeast Quarter of Section 3, Township 1 North, Range 43 West, 6th P.M., Yuma County, Colorado, at a point 425 feet south and 2,135 feet west of the northeast corner of said Section 3. The source of the PLSS information is the decree in Case No. 09CW27. 3. Decreed source of water: North Fork of the Republican River. 4. Appropriation date and amount: October 20, 1888; 12 c.f.s. (Priority No. 5). 5. Total amount decreed to structure: 12 c.f.s., absolute, of which the first 0.25 c.f.s. was changed to alternate points of diversion in Case No. 09CW27. 6. Decreed use: Irrigation. 7. Amount of water that Applicants intend to change: 11.75 c.f.s., absolute. C. Pioneer Ditch (a/k/a Haigler 2 Land & Canal Co. Ditch). 1. Date of original decree: July 3, 1912, Case No. 872, District Court, Phillips County. 2. Legal description of structure: The headgate of the Pioneer Ditch is located on the south bank of the Republican River in the Southwest Quarter of the Northeast Quarter of Section 2, Township 1 North, Range 43 West, 6th P.M., Yuma County, Colorado, at a point 1,390 feet west, 44 degrees 30 minutes north of quarter section corner between sections 1 and 2 in said township and range. The source of the PLSS information is the original decree for the water right. 3. Decreed source of water: North Fork of the Republican River. 4. Appropriation date and amount: April 4, 1890; 15 c.f.s. (Priority No. 6). 5. Total amount decreed to structure: 15 c.f.s., absolute. 6. Decreed use: Irrigation. 7. Amount of water that Applicants intend to change: 15 c.f.s., absolute. D. The Holy Joe Canal. 1. Date of original decree: July 3, 1912, Case No. 872, District Court, Phillips County. 2. Legal description of structure: The headgate of the Holy Joe Canal is located near the dam of the Holy Joe Reservoir in Northeast Quarter of Southwest Quarter of Section 31, Township 2 North, Ranger 43 West, 6th P.M., Yuma County, Colorado. The source of the PLSS information is the original decree for the water right. 3. Decreed source of water: Holy Joe Creek, a tributary to the North Fork of the Republican River. 4. Appropriation date and amount: March 23, 1899; 1.0 c.f.s. (Priority No. 14). 5. Total amount decreed to structure: 1.0 c.f.s., absolute. 6. Decreed use: Irrigation. 7. Amount of water that Applicants intend to change: 1.0 c.f.s., absolute. E. Holy Joe Reservoir. 1. Date of original decree: July 3, 1912, Case No. 872, District Court, Phillips County. 2. Legal description of structure: The reservoir is situated on the Northeast Quarter of the Southwest Quarter and the Southeast Quarter of the Northwest Quarter of Section 31, Township 2 North, Range 43 West, 6th P.M., Yuma County, Colorado. The dam of the reservoir runs in an easterly and westerly direction across Holy Joe Creek a short distance north of the line between the Northeast Quarter of the Southwest Quarter and the Southeast Quarter of the Northwest Quarter of Section 31. The source of the PLSS information is the original decree for the water right. 3. Decreed source of water: Holy Joe Creek, a tributary to the North Fork of the Republican River. 4. Appropriation date and amount: March 23, 1899; 22.96 acre feet (Reservoir Priority No. 2). 5. Total amount decreed to structure: 22.96 acre feet, absolute. 6. Decreed use: Irrigation. 7. Amount of water that Applicants intend to change: 22.96 acre feet, absolute. F. Pierce Miller Ditch. 1. Date of original and all relevant subsequent decrees: July 3, 1912, Case No. 872, District Court, Phillips County. 2. Legal description of structure: The headgate is located on the north bank of the Republican River at a point whence the northwest corner of the Southeast Quarter of Section 6, Township

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1 North, Range 42 West, 6th P.M., Yuma County, Colorado, bears north 45 degrees west, 1,890 feet. The source of the PLSS information is the original decree for the water right. 3. Decreed source of water: North Fork of the Republican River. 4. Appropriation date and amount: April 22, 1904; 2.5. c.f.s. (Priority No. 16). 5. Total amount decreed to structure: 2.5 c.f.s., absolute. 6. Decreed use: Irrigation. 7. Amount of water tha Applicants intend to change: 2.5 c.f.s., absolute. G. F.D. Johnson Ditch. 1. Date of original decree: July 3, 1912, Case No. 872, District Court, Phillips County. 2. Legal description of structure: The headgate is located on the south bank of the mill race of the Wray Mills Company, said mill race diverting water from the natural stream at a point 730 feet east and 64 feet north of the northwest corner of the Southwest Quarter of the Southwest Quarter of Section 6, Township 1 North, Range 43 West, 6th P.M., Yuma County, Colorado, and said F. D. Johnson Ditch having its headgate and diverting water at the point of over-flow of said mill race, whence the southwest 3 corner of the Northwest Quarter of the Southeast Quarter of Section 6, Township 1 North, Range 43 West, 6th P.M., Yuma County, Colorado, bears south 28 degrees, 40 minutes west, 446 feet, and whence the center corner of said Section 6 bears north 12 degrees, 10 minutes west, 950 feet. The source of the PLSS information is the original decree for the water right. 3. Decreed source of water: North Fork of the Republican River. 4. Appropriation date and amount: August 23, 1905; 4.0 c.f.s. (Priority No. 17). 5. Total amount decreed to structure: 4.0 c.f.s., absolute. 6. Decreed use: Irrigation. 7. Amount of water that Applicants intend to change: 4.0 c.f.s., absolute. H. Wiley No. 1. 1. Date of original decree: March 5, 1979, Case No. W-8194-76, Water Court, Water Division No. 1. 2. Legal description of structure: By means of movable pumps: at a point on the South bank of the North Fork of the Republican River in Section 6, Township 1 North, Range 42 West, 6th P.M., Yuma County, Colorado, approximately 1,940 feet from the West Section line and 686 feet from the South Section line. The source of the PLSS information is the original decrees for the water rights. The source of the PLSS information is the original decree for the water right. 3. Decreed source of water: North Fork of the Republican River. 4. Appropriation date and amount: March 30, 1976; 1.5 c.f.s. 5. Total amount decreed to structure: 1.5 c.f.s., absolute. 6. Decreed use or uses: Irrigation. 7. Amount of water that Applicants intend to change: 1.5 c.f.s., absolute. I. Wiley Spring. 1. Date of original decree: December 1, 1982, Case No. W-8696-77, Water Court, Water Division No. 1. 2. Legal description of structure: In the NW1/4, Section 7, Township 1 North, Range 42 West, 6th P.M., at a point approximately 15 feet South and 1,320 feet East of the NW Corner, Section 7. The source of the PLSS information is the original decree for the water right. 3. Decreed source of water: Natural spring, tributary to North Fork of the Republican River. 4. Appropriation date and amount: December 13, 1977; 1.0 c.f.s. 5. Total amount decreed to structure: 1.0 c.f.s., absolute. 6. Decreed use: Irrigation. 7. Amount of water that Applicants intend to change: 1.0 c.f.s., absolute. J. Wilson No. 1. 1. Date of original decree: December 30, 1975, Case No. W-7888- 75, Water Court, Water Division No. 1. 2. Legal description of structure: By means of movable pumps: the north and/or the south bank of the North Fork of the Republican River from a point where it flows across the West boundary line of the NW1/4 NE1/4 of Section 9, Township 1 North, Range 42 West of the 6th P.M., Yuma County, to a point where it flows across the East boundary line of the Southwest Quarter of the Northwest Quarter of Section 10, Township 1 North, Range 42 West of the 6th P.M., Yuma County. Alternative authorized diversion by means of a permanent sump: At a point approximately 546 feet from the East line and 3,291 feet from the South line of said Section 9. The source of the PLSS information is the original decree for the water right. 3. Decreed source of water: North Fork of the Republican River. 4. Appropriation date and amount: February 13, 1974; 4.0 c.f.s. (Priority No. 33). 5. Total amount decreed to structure: 4.0 c.f.s., absolute. 6. Decreed use: Irrigation. 7. Amount of water that Applicants intend to change: 4.0 c.f.s., absolute. Description of Proposed Change: Applicant YCWA PID owns the Subject Water Rights and currently leases the Subject Water Rights to Applicant RRWCD WAE. Applicants seek to change the use of the subject water rights to add use for augmentation for its members and the RRWCD WAE and to assist the State of Colorado to carry out the State’s duty to comply with the limitations and duties imposed upon the State under the Republican River Compact. Any augmentation use of Subject Water Rights shall be subject to the terms and conditions of plans for augmentation decreed and approved by the Water Court for Division 1 or the United States Supreme Court. Exhibit A shows the approximate location of the 4

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structures and the area of historical use of the Subject Water Rights. Names and addresses of owners of land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure or storage structure that water is or will be stored: None. YCWA-PID owns the right to use all existing diversion and storage structures required for the Subject Water Rights. 14CW3136 PETITION FOR REVIEW PURSUANT TO § 37-92-602(3)(F), C.R.S. Petitioner: Colorado Baptist General Convention, d/b/a the Ponderosa Retreat & Conference Center, a Colorado non-profit Corporation v. Defendants: Dick Wolfe, in his capacity as the Colorado State Engineer, and the Department of Natural Resources, Division of Water Resources, also known as Office of the State Engineer, an agency of the State of Colorado: John J. Homa, Jr. and Jaqueline R. Homa. 14CW3137 Carleton & DeJong, LLC, 1580 Lincoln Street, #1200, Denver, CO 80203, 303-825-1125 (P. Andrew Jones, Ryan M. Donovan, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO 80534, 970- 622-8181). APPLICATION FOR WATER RIGHTS, APPROVAL OF ADDITIONAL POINTS OF DELIVERY, AND FOR APPROVAL OF PLAN OF AUGMENTATION IN WELD COUNTY. 2. Background. This is a water court application for new (1) surface water rights; (2) groundwater rights; (3) recharge structures; (4) storage reservoirs; (5) approval of additional points of delivery for previously changed surface rights; (6) appropriation of historical return flows of previously changed ditch shares owned by Applicant; and (7) approval of plan for augmentation. The features in this water court application are components of Applicant’s integrated water system. Applicant is seeking a new junior surface appropriation from an unnamed slough tributary to the South Platte River in Weld County. Water from the unnamed slough will be diverted at a location on Applicant’s property and put to numerous uses, either directly or by storage and recharge, including irrigation, fish and wildlife habitat, recreation, fire suppression, augmentation, and replacement. Applicant is also claiming a new surface appropriation to be diverted from a separate slough at a location on Applicant’s property. Water diverted from both sloughs may be delivered to the recharge structures and storage reservoirs claimed in this Application, and to the Ream Pond that was decreed in Case No. 2000CW159 (2010CW274). Additionally, Applicant owns three shares in the Union Ditch Company (“Union Shares”) for which a change in use was decreed in Case No. 2000CW159. Applicant will maintain the changed uses, but by this application is seeking (i) approval of points of delivery of the Union Shares in addition to the Ream Pond, including the recharge structures, storage reservoirs, and habitat area claimed in this Application, and (ii) the appropriation of historical return flows associated with the Union Shares. Applicant also seeks approval of a plan for augmentation to use water from the new surface rights claimed herein, the Union Shares, the Ream Slough Diversion No. 1, as decreed in Case No. 2000CW159, and the augmentation wells claimed herein to replace return flows associated with the Union Shares, out-of-priority depletions resulting from the pumping of groundwater wells and evaporation from the Ream Pond. APPLICATION FOR WATER RIGHTS 3. Name of New Water Right: Cade Junior Right. 3.1 Source: Precipitation, runoff, waste, and seepage water accumulating in Sections 14, 15, 21, 22, 23, 26, 27, and 28 in Township 5 North, Range 65 West of the 6th P.M. in Weld County. 3.2 Point of Diversion: Unnamed Slough tributary to the South Platte River, at a point located in the SW1/4 of Section 14, Township 5 North, Range 65 West of the 6th P.M. 3.3 Date of appropriation: November 18, 2014. 3.4 How appropriation was initiated: Formation of intent to appropriate water to a beneficial use, engineering analysis, filing of this application. 3.5 Amount Claimed: 30 c.f.s., conditional. 3.6 Uses: Fish and wildlife, recreation, fire suppression, augmentation and replacement, irrigation of 233 acres in the W1/2 of the W1/2 of Section 13, Township 5 North, Range 65 West of the 6th P.M. and the S1/2 of Section 14, Township 5 North, Range 65 West of the 6th P.M., by direct use, storage and recharge. 3.7 Places of Storage and Recharge. 3.7.1 Ream Pond 3.7.1.1 WDID: 0203371. 3.7.1.2 Permit No: 68973-F. 3.7.1.3 Previous Decrees: 2000CW159, 2010CW274, and 2003CW404. 3.7.1.4 Location: SE1/4 of Section 14, Township 5 North, Range 65 West of the 6th P.M. 3.7.1.5 Capacity: 20 acre-feet, with right to fill and refill as sources are in priority. 3.7.2 Fort Recharge Structure 3.7.2.1 Location: S1/2

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of the SE1/4 of Section 14, Township 5 North, Range 65 West of the 6th P.M. 3.7.2.2 Surface Area at High Water Line: 5 acres. 3.7.2.3 Capacity: 45 ac-ft. 3.7.2.4 Comment: The Fort Recharge Structure will consist of one or more unlined infiltration basins or structures in the location described above. The Fort Recharge Structure will not intercept groundwater. 3.7.3 DeJong Farm Recharge Structure 3.7.3.1 Location: W1/2 of the SW1/4 of Section 13, Township 5 North, Range 65 West of the 6th P.M. 3.7.3.2 Surface Area at High Water Line: 5 acres. 3.7.3.3 Capacity: 45 ac-ft. 3.7.3.4 Comment: The DeJong Farm Recharge Structure will consist of one or more unlined infiltration basins or structures in the location described above. The DeJong Farm Recharge Structure will not intercept groundwater. 3.7.4 Cade Irrigated Waterfowl Habitat (the “Habitat Area”) 3.7.4.1. Location: W1/2 of the W1/2 of Section 13, Township 5 North, Range 65 West of the 6th P.M. and the S1/2 of Section 14, Township 5 North, Range 65 West of the 6th P.M. 3.7.4.2 Surface Area at High Water Line: 100 acres. 3.7.4.3 Capacity: 300 ac-ft. 3.7.4.4 Points of Delivery from The Habitat Area: Water stored in the Habitat Area may be released and delivered to Ream Pond or directly through an augmentation structure to the South Platte River in the W1/2 of the W1/2 of Section 13, Township 5 North, Range 65 West of the 6th P.M. or the S1/2 of Section 14, Township 5 North, Range 65 West of the 6th P.M. (the “Cade Augmentation Structure”). 3.7.4.5 Comment: The Habitat Area will include a series of moist-soil units. The Habitat Area will be flood irrigated to promote the growth of forage. The Habitat Area will not be excavated and will rely on a combination of above-surface impoundments to store water within the contours of the landscape from the Cade Junior Right; the Ream Slough Diversion No. 1 decreed in Case No. 2000CW159; the Ream Slough Diversion No. 2 described in ¶ 5 below; the Cade Habitat Well Nos. 1 and 2 described in ¶¶ 6 and 7 below, respectively, the Ream Well, and the DeJong Well described in ¶¶ 10.1 and 10.3 below, respectively. The Habitat Area will not intercept groundwater. 3.7.5 Fort Reservoir 3.7.5.1 Location: S1/2 of the SE1/4 of Section 14, Township 5 North, Range 65 West of the 6th P.M. 3.7.5.2 Surface Area at High Water Line: 5 acres. 3.7.5.3 Capacity: 45 acre-feet. 3.7.5.4 Points of Delivery from Reservoir: Water stored in the Fort Reservoir may be released from the Reservoir to the Fort Recharge Structure, the DeJong Farm Recharge Structure, the DeJong Farm Reservoir, the Ream Pond, the Habitat Area or the Cade Augmentation Structure. 3.7.5.5 Comment: Applicant is claiming the right to store precipitation accumulating to the Fort Reservoir when the Cade Junior Right is in priority. The Fort Reservoir will not intercept groundwater. 3.7.6 DeJong Farm Reservoir 3.7.6.1 Location: W1/2 of the SW1/4 of Section 13, Township 5 North, Range 65 West of the 6th P.M. 3.7.6.2 Surface Area at High Water Line: 5 acres. 3.7.6.3 Capacity: 45 acre-feet. 3.7.6.4 Points of Delivery from Reservoir: Water stored in the DeJong Farm Reservoir may be released from the Reservoir and delivered to the Fort Recharge Structure, the DeJong Farm Recharge Structure, the Fort Reservoir, the Ream Pond, the Habitat Area or the Cade Augmentation Structure. 3.7.6.5 Comment: Applicant is claiming the right to store precipitation accumulating to the DeJong Farm Reservoir when the Cade Junior Right is in priority. The DeJong Farm Reservoir will not intercept groundwater. 4. Name of New Water Right: Cade Union Shares Return Flows. 4.1 Source: South Platte River and waste and seepage, including direct flow rights, and seepage and waste rights decreed or transferred to Union Ditch Company, associated with Applicant’s proportional interest in Union’s water rights, represented by ownership of the three (3) Union Shares changed in Case No. 2000CW159. 4.2 Previous Decrees: 2000CW159 4.3 Date of appropriation: November 18, 2014. 4.4 How appropriation was initiated: Formation of intent to appropriate water to a beneficial use, engineering analysis, filing of this application. 4.5 Amount Claimed: Up to 383 acre feet annually. 4.6 Uses: Fish and wildlife, recreation, fire suppression, augmentation and replacement, irrigation of 233 acres in the W1/2 of the W1/2 of Section 13, Township 5 North, Range 65 West of the 6th P.M. and the S1/2 of Section 14, Township 5 North, Range 65 West of the 6th P.M., by direct use, storage and recharge. 4.7 Places of Storage and Recharge. Ream Pond, the Habitat Area, Fort Reservoir, Fort Recharge Structure, DeJong Farm Reservoir, DeJong Farm Recharge Structure, described above. 5 Name of New Water Right: Ream Slough Diversion No. 2. 5.1 Source: Tailwater, drain, and seep waters accumulating in Sections 14, 23, and 26, Township 5 North, Range 65 West of the 6th P.M. 5.2 Points of Diversion: 5.2.1 Ream Slough Diversion No. 2 West will divert in the SE1/4 of the SE1/4 of Section 14, Township 5 North, Range 65 West of the 6th P.M. 5.2.2 Ream Slough Diversion No. 2 East will divert in

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the SW1/4 of the SW1/4 of Section 13, Township 5 North, Range 65 West of the 6th P.M. 5.3 Date of appropriation: November 18, 2014. 5.4 How appropriation was initiated: Formation of intent to appropriate water to a beneficial use, engineering analysis, filing of this application. 5.5 Amount Claimed: 5.5.1 Ream Slough No. 2 West: 1 c.f.s., conditional 5.5.2 Ream Slough No. 2 East: 1 c.f.s., conditional 5.6 Uses: Fish and wildlife, recreation, fire suppression, augmentation and replacement and irrigation of 233 acres in the W1/2 of the W1/2 of Section 13, Township 5 North, Range 65 West of the 6th P.M and the S1/2 of Section 14, Township 5 North, Range 65 West of the 6th P.M., by direct use, storage and recharge. 5.7 Places of Storage and Recharge: Ream Pond, the Habitat Area, Fort Reservoir, Fort Recharge Structure, DeJong Farm Reservoir, DeJong Farm Recharge Structure, described above. 6 Name of New Underground Water Right: Cade Habitat Well No. 1. 6.1 Location: S1/2 of Section 14, Township 5 North, Range 65 West of the 6th P.M. 6.2 Source: South Platte River Alluvium. 6.3 Date of Appropriation: November 18, 2014. 6.4 Uses: Augmentation, replacement, fish and wildlife habitat, irrigation of 233 acres in the W1/2 of the W1/2 of Section 13, Township 5 North, Range 65 West of the 6th P.M and the S1/2 of Section 14, Township 5 North, Range 65 West of the 6th P.M., by direct use, storage and recharge. 6.5 Rate of Diversions: 3.33 c.f.s. (1,500 gpm). 6.6 Places of Delivery, Recharge and Storage: Ream Pond, the Habitat Area, Fort Reservoir, Fort Recharge Structure, DeJong Farm Reservoir, DeJong Farm Recharge Structure, the Cade Augmentation Structure, and direct delivery to the South Platte River. 7 Name of New Underground Water Right: Cade Habitat Well No. 2. 7.1 Location: W1/2 of the W1/2 of Section 13, Township 5 North, Range 65 West of the 6th P.M. 7.2 Source: South Platte River Alluvium. 7.3 Date of Appropriation November 18, 2014. 7.4 Uses: Augmentation, replacement, fish and wildlife habitat, irrigation of 233 acres in the W1/2 of the W1/2 of Section 13, Township 5 North, Range 65 West of the 6th P.M and the S1/2 of Section 14, Township 5 North, Range 65 West of the 6th P.M., by direct use, storage and recharge. 7.5 Rate of Diversions: 3.33 c.f.s. (1,500 gpm).7.6 Places of Delivery, Recharge and Storage: Ream Pond, the Habitat Area, Fort Reservoir, Fort Recharge Structure, DeJong Farm Reservoir, DeJong Farm Recharge Structure, the Cade Augmentation Structure, and direct delivery to the South Platte River. 8 Name and Address of Owners of Structures: 8.1 The Applicant owns all structures involved in this Application. Carleton & DeJong, LLC, 1500 Lincoln Street, #1200, Denver, CO 80203, 303-825-1125. APPLICATION FOR APPROVAL OF ADDITIONAL POINTS OF DELIVERY 9 Applicant is the owner of the Union Shares described in paragraph 2 above. The historical use of the Union Shares was quantified and their use changed in Case No. 2000CW159 from direct flow for irrigation to direct flow and storage for irrigation, recharge, augmentation, replacement, exchange, and recreation with the right to totally consume the consumable portion of the water, either by first use or successive use. By this Application, Applicant is not seeking approval for any additional change in the use of the Union Shares or proposing any amendment to the terms and conditions decreed in 2000CW159 other than the addition of points of delivery as described herein, all of which are located on Applicant’s property in the W1/2 of the W1/2 of Section 13, Township 5 North, Range 65 West of the 6th P.M., and the S1/2 of Section 14, Township 5 North, Range 65 West of the 6th P.M. 9.1 In addition to the Ream Pond and the lands historically irrigated with the Union Shares in the SE1/4 of Section 14, Township 5 North, Range 65 West of the 6th P.M., water attributed to the Union Shares may be delivered to Ream Pond, the Habitat Area, Fort Reservoir, Fort Recharge Structure, DeJong Farm Reservoir, DeJong Farm Recharge Structure, and the Cade Augmentation Structure. AUGMENTATION PLAN 10 Augmented Underground Water Rights. Applicant proposes to augment the out-of-priority depletions caused by the diversion and use of the following water rights (“Covered Water Rights”): 10.1 Name of Water Right: Ream Well (aka Jensen Well 2). 10.1.1 WDID: 0206686. 10.1.2 Source: South Platte River Alluvium. 10.1.3 Location: SW1/4 of the SE1/4 of Section 14, Township 5 North, Range 65 West of the 6th P.M. at a point 25 feet North and 2640 feet West of the Southeast Corner of said Section 14. 10.1.4 Decree: W-640 and 2003CW404. 10.1.5 Permit No: 8641-R. 10.1.6 Decreed Priority Date: July 12, 1954. 10.1.7 Amount: 3.33 cfs, absolute. 10.1.8 Uses: Irrigation in the SW1/4 of the SE1/4 of Section 14, Township 5 North, Range 65 West of the 6th P.M. 10.1.9 Additional Augmentation Plan: By agreement with the Union Well Augmentation Group (“UWAG”), all future out-of-priority depletions resulting from the use of the Ream Well through March 31, 2015 will be

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replaced by UWAG’s augmentation plan decreed in Case No. 2003CW404. Out-of-priority depletions caused by use of the Ream Well on and after April 1, 2015 will be replaced by this plan. 10.2 Name of Water Right: Ream Pond 10.2.1 As described in ¶ 3.7.1. 10.2.2 Additional Augmentation Plan: By agreement with UWAG, all future out-of-priority depletions resulting from evaporation of exposed groundwater in the Ream Pond through March 31, 2015 will be replaced by the UWAG’s augmentation plan decreed in Case No. 2003CW404. Out-of-priority depletions caused by evaporation from the Ream Pond on and after April 1, 2015 will be replaced by this plan. 10.3 Name of Water Right: DeJong Well (aka Grossiant Well No. 1). 10.3.1 WDID: 0206449. 10.3.2 Source: South Platte River Alluvium. 10.3.3 Location: SW1/4 of the SW1/4 of Section 13, Township 5 North, Range 65 West of the 6th P.M. at a point 234 feet North and 360 feet East of the SW Corner of said Section 13. 10.3.4 Decree: W-3079. 10.3.5 Permit: 20033-R-R. 10.3.6 Decreed Priority Date: July 31, 1940. 10.3.7 Amount: 2.22 cfs, absolute. 10.3.8 Uses: Irrigation of approximately 120 acres located in the W1/2 of the SW1/4 and SW1/4 of the NW1/4 of Section 13, Township 5 North, Range 65 West of the 6th P.M. 10.3.9 Additional Augmentation Plan: Out-of-priority depletions resulting from the pumping of the DeJong Well were replaced by substitute water supply plans in connection with the augmentation plan decreed in Case Nos. 2003CW47 and 2006CW291 (“LLRC Plan”) from 2003 to 2007. The DeJong Well was removed from the LLRC Plan prior to entry of a final decree; however, ongoing out-of-priority depletions caused by diversions of the DeJong Well while the DeJong Well was enrolled in the LLRC Plan are replaced pursuant to the terms of that plan. The DeJong Well has not been pumped since its removal from the LLRC Plan. Out-of-priority depletions resulting from the use of the DeJong Well on or after the date of this application will be replaced by this plan. 10.4 Name of Water Right: Cade Habitat Well No. 1. 10.4.1 As described in ¶6. 10.5 Name of Water Right: Cade Habitat Well No. 2. 10.5.1 As described in ¶7. 11 Water Rights to be used for augmentation. 11.1 Recharge Accretions: Applicant will divert water pursuant to the Cade Junior Right, the Ream Slough Diversion No. 1 , the Ream Slough Diversion No. 2, the three (3) Union Shares, and the Cade Habitat Wells No. 1 and 2 and deliver water from such sources to the Ream Pond, Fort Recharge Structure, and the DeJong Farm Recharge Structure to generate accretions to the South Platte River in the S1/2 of Section 14, Township 5 North, Range 65 West of the 6th P.M. and/or the W1/2 of the W1/2 of Section 13, Township 5 North, Range 65 West of the 6th P.M. 11.2 Deliveries from Storage: Applicant will divert water pursuant to the Cade Junior Right, the Ream Slough Diversion No. 1, the Ream Slough Diversion No. 2, the three (3) Union Shares, and the Cade Habitat Wells No. 1 and 2 and deliver water from such sources to storage in the Fort Reservoir, DeJong Farm Reservoir, and the Habitat Area for subsequent delivery to the South Platte River through the Cade Augmentation Structure. 11.3 Direct Deliveries: Applicant will divert water pursuant to the Ream Slough Diversion No. 1, three (3) Union Shares and the Cade Habitat Well Nos. 1 and 2 and deliver it directly to the South Platte River via the Cade Augmentation Station. The Cade Habitat Wells Nos. 1 and 2 may also be delivered directly to the South Platte River in the S1/2 of Section 14, Township 5 North, Range 65 West of the 6th P.M. and the W1/2 of the W1/2 of Section 13, Township 5 North, Range 65 West of the 6th P.M. 11.4 Additional Sources: Applicant may use additional and alternative sources and seeks a decree that allows incorporation of these sources into its ongoing plan of augmentation. 12 Plan for Augmentation: 12.1 Diversions and/or evaporation of groundwater from the Covered Water Rights cause depletions to the South Platte River. The purpose of this plan is to replace out-of-priority depletions in time, location and amount to the extent necessary to ensure that senior water rights are not deprived of their lawful entitlement to water. Applicant will replace depletions that affect South Platte River at times when there is a valid call for water senior to the priority date of the Covered Water Right. In addition to augmenting the out-of-priority depletions associated with the Covered Water Rights, Applicant’s plan for augmentation will be used to replace historical return flows associated with the three (3) Union Shares when the same are not in priority. 12.2 Method for Determination of Well Depletions: 12.2.1 Pre-Filing Depletions. Depletions caused by pumping that occurred prior to the filing of this application will not be augmented by the plan. The Ream Well and the Ream Pond are enrolled in the UWAG augmentation plan decreed in 2003CW404 through March 31, 2015; future out-of-priority depletions resulting from the pumping of the Ream Well and Ream Pond through March 31, 2015 have

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been quantified and will continue to be replaced by UWAG. The DeJong Well was enrolled in the Lower Latham Reservoir Company (“LLRC”) augmentation plan decreed in Case Nos. 2003CW47/2006CW291 from 2003 through 2007; LLRC will replace ongoing out-of-priority depletions caused by diversions of groundwater during this period. The DeJong Well has not diverted groundwater since its removal from the LLRC augmentation plan. The Cade Habitat Wells Nos. 1 and 2 and the Habitat Area are new water rights which have no pre-filing depletions. 12.2.2 Post-Filing Depletions. Consumptive use and resulting depletions from the operation of the Covered Water Rights under a State Engineer approved substitute water supply plan obtained in the context of this case or caused by the operation of the Covered Water Rights after the entry of a decree in this case will be quantified by the application of site, time and use specific presumption depletion factors, or similar methodology, to metered well pumping and published evaporation factors. Timing of depletions will be established via the application of the bounded alluvial aquifer approach developed by Glover. 12.2.3 Projection. At least annually, Applicant will perform a projection comparing anticipated replacement sources with anticipated depletions caused by the operation of the Covered Water Rights. This projection will be used to limit the pumping of wells included as Covered Water Rights to ensure that no more is pumped than can be replaced without injury to vested water rights and decree conditional water rights. The projection will include depletions from previous operation of the Covered Water Rights, projected well depletions and pond evaporation, recharge accretions, and additional or alternate supplies. The projection will include the following limitations: 12.2.3.1 Period of Call. The projection will assume a call senior to the Covered Water Rights will occur continuously for all years of the projection. 12.2.3.2 Projected Deliveries to Direct Flow Water Rights and Senior Storage Rights. Projected deliveries to Direct Flow Water Rights and Senior Storage Rights shall be based upon historical deliveries for all years of the projection. 12.2.3.3 Projected Deliveries to Junior Recharge and Storage Rights. Projected deliveries to junior recharge and storage rights, either included in this application or added to the augmentation plan claimed herein, shall be the amount actually placed into storage or recharge as of the date of the projection. Applicant may elect to apportion the amount in storage over the period of the projection, taking into account any evaporation, seepage or other losses occurring over the time the water is in storage. 12.2.3.4 Additional Leased Supplies. Applicant may assume deliveries from additional water supplies to the extent to which it has a fixed and definite right to delivery for the term of such delivery. 12.2.4 Metering. The groundwater wells included as Covered Water Rights will be metered. 12.2.5 Maximum annual depletions resulting from the operation of the Covered Water Rights are estimated to be 1,500 acre feet per year. However, pumping will be limited by the projection to assure that no more is pumped than can be replaced without injury to vested water rights and decree conditional water rights. 12.2.6 Accounting and Reporting. Applicant will account for its operation of the augmentation plan described herein and provide reports to the Division Engineer on a monthly basis. The Application consists of 15 pages. 14CW3138 Topaz Mountain Ranch, LLC, (TMR) c/o Dr. Randy Lortscher, 320 Vine Street, Denver, Colorado 80206. Please send future correspondence and pleadings to: Kim R. Lawrence, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Ste. 1, Johnstown, CO 80534. APPLICATION TO MAKE ABSOLUTE CONDITIONAL WATER RIGHTS, in PARK COUNTY. 2. TMR seeks to make absolute the following two conditional water rights decreed in Case No. 06CW231 on May 25, 2007 and which were continued as conditional in Case No. 13CW3040 on October 1, 2013. 3. South Park Spring. 3.1 Legal Description of Point of Diversion. In the Southeast 1/4 Southwest 1/4 of Section 8, Township 9 South, Range 74 West of the 6th Principal Meridian, Park County, Colorado at a point 190 feet from the South section line, 2050 feet from the West section line. 3.2 Source. Surface water tributary to Tarryall Creek. 3.3 Date of Appropriation. November 6, 2003. 3.4 Amount. 0.50 g.p.m., conditional 3.5 Use. Recreation, piscatorial, wildlife habitat. 4. South Park Pond. 4.1 Legal Description of Pond. In the Southeast 1/4 Southwest 1/4 of Section 8, Township 9 South, Range 74 West of the 6th Principal Meridian, Park County, Colorado at a point 200 feet from the South section line, 2050 feet from the West section line. 4.2 Structures used to fill Pond. South Park Spring and runoff upstream of the Pond. 4.3 Source. South Park Spring and runoff water tributary to Tarryall Creek. 4.4 Date of

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Appropriation. November 6, 2003. 4.5 Amount. 0.92 acre feet, conditional, with a right to fill and refill when in priority. 4.6 Use. Recreation, piscatorial, wildlife habitat. 5. Diversions to Make Absolute. Martin & Wood Water Consultants, Inc., determined diversions from the Spring and storage in the Pond were made in priority in the full amount of the conditional water rights, based on the Division of Water Resources call records. The diversions and storage occurred on September 12 and 13, 2013 and during an extended period of free river beginning September 17, 2013 and continuing until October 31, 2013. 6. Claim to Make Absolute. TMR seeks to make absolute the conditional water rights set out in ¶3 and ¶4. 7.Name and Address of Owner of Structures. TMR. No exhibits. 3 pages.

14CW3139 (2003CW141)(1995CW197) Public Service Company of Colorado, a Colorado Corporation (PSCo) 1800 Larimer Street, Suite 1300, Denver, Colorado 80202 (303) 294-2198 c/o Carolyn F. Burr, James M. Noble, WELBORN SULLIVAN MECK & TOOLEY, P.C., 1125 –17th Street, Suite 2200, Denver, Colorado 80202, Telephone: (303) 830-2500. Application for Finding of Reasonable Diligence in ADAMS, CLEAR CREEK, DENVER, AND JEFFERSON COUNTIES. 2. Introduction: This is an application for a finding of reasonable diligence for the conditional portion of an appropriative right of exchange on Clear Creek, South Clear Creek, Cabin Creek, and Leavenworth Creek, originally decreed in Division 1 Case No. 95CW157 (the “Fisher Ditch/Clear Creek Exchange” or the “Subject Water Right”). The 95CW157 decree authorized exchanges to seven different reservoirs. One of those reservoirs is Green Lake, which has its point of diversion on Leavenworth Creek, as more fully described below. PSCo has since conveyed Green Lake to others. Therefore, PSCo also seeks a determination that Green Lake is no longer an “exchange-to” point for the Subject Water Right. 3. Name of Structure and Conditional Water Right: Fisher Ditch/Clear Creek Exchange. 4. Description of Conditional Water Rights: 4.1. Description and Prior Decrees. The Fisher Ditch/Clear Creek Exchange was originally decreed on March 20, 1997 in Case No. 1995CW157. PSCo was found to have met the requirements of reasonable diligence and a portion was made absolute in Case No. 2003CW141 on November 23, 2008. The Subject Water Right is an exchange on Clear Creek and certain tributaries that extends from the Fisher Augmentation Station upstream to the South Clear Creek Reservoirs, which are described below. The sources of substitute water supply for the Subject Water Right are PSCo’s interests in the Fisher Ditch water right, which were changed from agricultural use to industrial uses, in Case Nos. 1991CW005 and 1995CW156. Under the Fisher Ditch/Clear Creek Exchange, PSCo’s pro rata interest in the Fisher Ditch water right is diverted and recorded at the Fisher Ditch headgate and is then measured and returned to Clear Creek through the Fisher Augmentation Station. Simultaneous with such returns from the Fisher Augmentation Station, diversions that would otherwise be out-of-priority are made in amounts equal to the consumptive use portions of the Fisher Augmentation Station returns at one or more of the upstream South Clear Creek Reservoirs. The streams on which the exchange is made are Clear Creek and its tributaries, South Clear Creek, Cabin Creek, and Leavenworth Creek. 4.2. Description of Locations and Facilities Involved in Exchange: The facilities and their locations involved in the exchange are described below. The locations of the facilities are also shown on the maps attached as Figure 1 and Figure 2. 4.2.1. Fisher Augmentation Station: The Fisher Augmentation Station is located near the Fisher Ditch headgate, which is on the South bank of Clear Creek in the Northwest quarter of Section 17, Township 3 South, Range 68 West, 6th P.M., Adams County, Colorado, at a point which is approximately 60 feet East and 200 feet South of the Northwest corner of said section, and for which the decreed point of diversion is in the Southwest quarter of Section 8, Township 3 South, Range 68 West, 6th P.M., Adams County, Colorado. 4.2.2. The South Clear Creek Reservoirs. The South Clear Creek Reservoirs consist of the following: 4.2.2.1. Green Lake Reservoir a. Green Lake Reservoir is an offstream reservoir located in Section 29, Township 4 South, Range 74 West, of the 6th P.M., Clear Creek County, Colorado. The active capacity of Green Lake Reservoir is 270.33 acre-feet. Green Lake Reservoir is more particularly described as follows: Beginning at the outlet whence the Northwest corner of Section 29, Township 4 South, Range 74 West, bears North 15°30’ West 1625 feet; then South 21°45’ West 160 feet; thence South 42°10’ East 235 feet; thence South 11°30’ West 530 feet; thence South 30°25’ West 150 feet; thence South 09°10’ East 290 feet; thence South 36°15’ West 82 feet; thence North 42°55’ West 120 feet;

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thence North 21°02’West 180 feet; thence North 28°00’ East 245 feet; thence North 22°40’ West 695 feet; thence North 04°50’ East 525 feet; thence South 74°40’ East 165 feet to the place of beginning. b. Water is delivered into Green Lake Reservoir from a 1.25 cfs pipeline that diverts from Leavenworth Creek, a tributary of South Clear Creek. The pipeline diverts from Leavenworth Creek at a point located 2,580 feet East of the West section line and 80 feet South of the North section line of Section 30, Township 4 South, Range 74 West, of the 6th P.M. in Clear Creek County. After storage, water is released from Green Lake Reservoir to South Clear Creek. 4.2.2.2. Clear Lake Reservoir. Clear Lake Reservoir is located on South Clear Creek in Sections 29 and 32, Township 4 South, Range 74 West, of the 6th P.M., Clear Creek County, Colorado. The active capacity of Clear Lake Reservoir is 590.00 acre-feet. Clear Lake Reservoir is more particularly described as follows: Beginning at the outlet whence the Northwest corner of Section 29, Township 4 South, Range 74 West, bears North 20°30’10” West 3,614 feet; thence North 70° West 57 feet; thence South 27°20’ West 326 feet; thence South 40°30’ West 233 feet; thence South 34°30’ West 283 feet; thence South 40°45’ West 210 feet; thence South 323 feet; thence South 11°40’ West 120 feet; thence South 64° East 471 feet; thence South 41°10’ East 125 feet; thence South 16°35’ East 254 feet; thence South 02°30’ West 130 feet; thence South 64° West 108 feet; thence North 84° West 161 feet; thence South 35°50’ West 155 feet; thence South 10° East 178 feet; thence South 27°50’ East 173 feet; thence South 07° West 128 feet; thence South 09°40’ West 130 feet; thence East 20 feet; thence North 29°30’ East 255 feet; thence North 42°30’ East 345 feet; thence North 29° East 150 feet; thence North 18° East 207 feet; thence North 21°25’ East 134 feet; thence North 05°30’ West 270 feet; thence North 20°25’ West 312 feet; thence North 01°20’ West 130 feet; thence North 24°40’ East 155 feet; thence North 12°09’ East 553.8 feet; thence South 81° West 170 feet; thence North 19°50’ West 127 feet; thence North 04°30’ East 153 feet; thence North 16° East 128 feet; thence North 70° West 64 feet to the place of beginning. 4.2.2.3 Silver Dollar Reservoir. a. Silver Dollar Reservoir is located at the headwaters of South Clear Creek in Section 23, Township 5 South, Range 75 West, of the 6th P.M., Clear Creek County, Colorado. The active capacity of Silver Dollar Reservoir is 440.00 acre-feet. Silver Dollar Reservoir is more particularly described as follows: Beginning at the East end of the dam whence the East quarter corner of Section 23, Township 5 South, Range 75 West, bears South 88°25’ East 853 feet; thence North 88°25’ West 450 feet; thence South 42°30’ West 668 feet; thence South 08°40’ West 206 feet; thence South 43°45’ East 407 feet; thence South 81° East 197 feet; thence South 74° East 340 feet; thence North 61°30’ East 412 feet; thence North 17°57’ to the place of beginning. b. Silver Dollar Reservoir directly captures and stores water from South Clear Creek. Additionally, water from South Clear Creek is delivered to Silver Dollar Reservoir by the Silver Dollar Ditch. The headgate of the Silver Dollar Ditch is located at a point whence the East quarter corner of Section 23, Township 5 South, Range 75 West, of the 6th P.M. bears North 86°04’ East 4,224.80 feet. The capacity of Silver Dollar Ditch is 20 cfs. 4.2.2.4. Murray Reservoir. Murray Reservoir is located at the headwaters of South Clear Creek in Section 23, Township 5 South, Range 75 West, of the 6th P.M., Clear Creek County, Colorado. The active capacity of Murray Reservoir is 80.00 acre-feet. Murray Reservoir is more particularly described as follows: Beginning at the South end of the dam at the outlet, whence the East quarter corner of Section 23, Township 5 South, Range 75 West, bears South 65° East 2,878.30 feet; thence North 27° West 210 feet; thence South 82° West 317 feet; thence North 88°15’ West 328 feet; thence South 69° West 280 feet; thence South 02° West 190 feet; thence South 50° East 143 feet; thence South 13°27’ East 251.40 feet; thence North 70°10’ East 502 feet; thence North 50°15’ East 475 feet to the place of beginning. 4.2.2.5. Lower Cabin Creek Reservoir. Lower Cabin Creek Reservoir is located on South Clear Creek in Sections 31 and 32, Township 4 South, Range 74 West, of the 6th P.M., Clear Creek County, Colorado. The active capacity of Lower Cabin Creek Reservoir is 1,958.50 acre-feet. Lower Cabin Creek Reservoir also stores water from Cabin Creek. Lower Cabin Creek Reservoir is interconnected with Upper Cabin Creek Reservoir as part of a pumped storage hydroelectric project. 4.2.2.6. Upper Cabin Creek Reservoir. Upper Cabin Creek Reservoir is located on Cabin Creek, a tributary of South Clear Creek, in Section 6, Township 5 South, Range 74 West, of the 6th P.M., Clear Creek County, Colorado. The active capacity of Upper Cabin Creek Reservoir is 1,576.80 acre-feet. Upper Cabin Creek Reservoir is interconnected with Lower Cabin Creek Reservoir as part of a

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pumped storage hydroelectric project. 4.2.2.7. Georgetown Forebay Reservoir. Georgetown Forebay Reservoir, a.k.a. Intake Reservoir, is located on South Clear Creek in Section 20, Township 4 South, Range 74 West, of the 6th P.M. in Clear Creek County, Colorado. The active capacity of Georgetown Forebay Reservoir is 7.85 acre-feet. Georgetown Forebay Reservoir is more particularly described as follows: Beginning at the outlet whence the Southwest corner of Section 20, Township 4 South, Range 74 West, bears South 30°23’ West 4,617 feet; thence North 59°50’ West 75 feet; thence South 21°30’ West 120 feet; South 18°30’ West 60 feet; thence South 12°50’ West 200 feet; thence South 25°30’ West 40 feet; thence South 10°40’ West 40 feet; thence South 12°45’ East 15 feet; thence South 51°50’ East 20 feet; thence North 88°30’ East 40 feet; thence North 44°25’ East 60 feet; thence East 40 feet; thence South 02°20’ West 80 feet; thence East 68 feet; thence North 34°25’ East 40 feet; thence North 14°20’ East 120 feet; thence North 01° East 160 feet; thence North 06°20’ East 28 feet; thence North 07°50’ East 48 feet; thence North 03°55’ West 80 feet; thence West 78 feet to the place of beginning. 4.3. Source of Substitute Supply: The sources of substitute supply for the Fisher Ditch/Clear Creek Exchange are the consumptive use credits attributable to PSCo’s pro rata portion of the Fisher Ditch water right that are subject to and governed by the decrees entered in Case Nos. 1991CW005 and 1995CW156. 4.4. Appropriation Date and Amount: 4.4.1. Date of Appropriation: July 31, 1995. 4.4.2. Amount: 12.50 cfs ABSOLUTE; 1.80 cfs CONDITIONAL (for a total of 14.30 cfs). Decreed Uses of Water Diverted by Exchange: Water that is exchanged pursuant to the Subject Water Right will be stored in one or more of PSCo’s South Clear Creek Reservoirs. Beneficial uses include replacement of evaporative depletions from the South Clear Creek Reservoirs; all industrial purposes associated with the generation of electrical energy at the Cherokee Station, including, without limitation, power generation, cooling, and evaporation replacement; and for the purpose of meeting return flow obligations required by PSCo’s decrees in 1991CW005, 1995CW156, and 2002CW054, either by release from the South Clear Creek Reservoirs, or by discharge after use in the Cherokee Station. 5. Evidence of Reasonable Diligence Towards Completing Appropriation. 5.1. PSCo has diligently monitored stream conditions, exchange potential and priority calls on Clear Creek to allow it to operate the Subject Water Right on an ongoing basis. PSCo has operated the Subject Water Right on numerous occasions during the diligence period. 5.2. PSCo has made substantial improvements to the Fisher Ditch and the water system at the Cherokee Station, thereby improving the ability of the Cherokee Station to divert and beneficially use the conditional water rights that are subject to this application for industrial purposes. 5.3. PSCo has performed work including engineering, construction, and equipment installation for improvements to the Cherokee Northwest Reservoir and pump station, improvements to yard piping at the Cherokee Station, and ancillary structures to support a new natural gas combined cycle generating unit at the Cherokee Station. The new generating unit is currently under construction and will beneficially use water exchanged pursuant to this water right for industrial purposes. 5.4. PSCo is a majority shareholder of the Fisher Ditch Company, which has obtained a $455,000 loan from the Colorado Water Conservation Board for the purposes of completing ditch improvements that will improve the capacity and reliability of the Fisher Ditch. During the diligence period, approximately $200,000 was spent on these improvements. This will give PSCo more opportunity to use its water rights in the Fisher Ditch as provided in the decrees entered in Division 1 Cases 1991CW005, 1995CW156, and 2002CW054, and to exchange water pursuant to this water right. 5.5.PSCo has performed work in preparation for rebuilding the Clear Lake Dam, and begun the construction of the new dam. This work includes: Obtaining a cost estimate for the project; obtaining Clean Water Act Section 401 certification and Section 404 permit from the US Army Corps of Engineers; coordination with Federal Energy Regulatory Commission for the dam design review and the Colorado Office of the State Engineer on dam safety issues; obtaining permits from the Colorado Department of Public Health and Environment for stormwater management and construction dewatering; obtaining permits from Clear Creek County for special use permit, grading permit, and floodplain permit; obtaining a watershed permit from Georgetown; and beginning work on constructing the project. PSCo has expended approximately $2,750,000 on this project during the diligence period. 5.6. PSCo applied for and obtained a diligence decree for the conditional storage water rights in Murray and Silver Dollar Reservoirs. On January 23, 2014, the Division 1 Water Court entered a decree in Case No. 2012CW217,

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making a finding of reasonable diligence with respect to the Murray Reservoir II and Silver Dollar Reservoir II storage water rights. Water exchanged pursuant to the Subject Water Right can be used as a source of evaporation replacement for the Murray Reservoir II and Silver Dollar Reservoir II storage water rights. 5.7. PSCo applied for and obtained a diligence decree for the conditional portion of a storage water right in Lower Cabin Creek Reservoir. On January 23, 2014, the Division 1 Water Court entered a decree in Case No. 2012CW218, making a finding of reasonable diligence with respect to the Lower Cabin Creek Reservoir Industrial Use Right. Water exchanged pursuant to the Subject Water Right can be used as a source of evaporation replacement for the Lower Cabin Creek Reservoir Industrial Use Right. 5.8. During the diligence period, PSCo participated as an objector in numerous Division 1 water court cases in order to protect its existing water rights on the South Platte River and its tributaries, including Clear Creek. Some of these cases have concluded, and others are ongoing. Some of the cases on Clear Creek in which PSCo has participated as an objector during the diligence period include Case Nos. 2004CW121; 2004CW326; 2004CW350; 2005CW112; 2008CW141; 2011CW237; 2012CW303; 2013CW28; and 2013CW3053. 5.9. PSCo performed routine maintenance and repair work on the facilities and structures necessary for the development of the Subject Water Right. 6. Names and Addresses of 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. As described above, Clear Lake Dam is currently being reconstructed. It is on land owned by a subsidiary of Applicant, Public Service Company of Colorado. WHEREFORE, PSCo requests that the Court enter a decree finding that PSCo has satisfied the statutory standard of steady application of effort to complete the appropriation in a reasonably expedient and efficient manner under all the facts and circumstances and that reasonable diligence was performed during the diligence period in development of the Subject Water Right, and that the conditional portion of the Subject Water Right should continue. PSCo also requests that the Court enter a decree indicating that Green Lake Reservoir is removed as an exchange-to structure pursuant to the Subject Water Right. 14CW3140 (88CW219, 98CW312, 05CW248) DREAM WEAVER HOLDINGS, L.L.C., c/o Jon P. File, P.O. Box 983, Broomfield, CO 80038 (Timothy J. Beaton and Andrea A. Kehrl, Moses, Wittemyer, Harrison and Woodruff, P.C., P.O. Box 1440, Boulder, CO 80306). APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE, WELD COUNTY. Name of structures: Stromquist Pond Nos. 1 and 2. Description of conditional water right: Date of Original Decree: July 8, 1992 Case No: 88CW219 Court: District Court, Water Division No. 1. All subsequent decrees awarding findings of diligence and/or making absolute in part: Date of decree: September 21, 1999. Case No.: 98CW312. Court: District Court, Water Division No. 1. Date of decree: November 12, 2008. Case No.: 05CW248. Court: District Court, Water Division No. 1. Legal descriptions: Pond No. 1: Stromquist Pond No. 1 is located in the SE1/4 of Section 20 and the SW1/4 of Section 21, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado; the center point of said Reservoir being approximately 590 feet west of the east section line of said Section 20 and 2,000 feet north of the south section line of said Section 20. Pond No. 2: Stromquist Pond No. 2 is located in the SE and NE quarters of Section 20 and the SW and NW quarters of Section 21, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado; the center point of said Reservoir being approximately 150 feet west of the east section line of said Section 20 and 3,000 feet north of the south section line of said Section 20. The locations of Stromquist Pond Nos. 1 and 2 are depicted on Exhibit A attached to the application. Sources: Boulder Creek and Idaho Creek via the Carr and Tyler Ditch and the Delehant Ditch. Water can be diverted from Boulder Creek into Idaho Creek at a point 100 feet south of the west one-quarter corner of Section 29, Township 2 North, Range 68 West, 6th P.M., Weld County, Colorado, and then can be diverted from Idaho Creek at the following locations: The headgate of the Carr and Tyler Ditch is located on Idaho Creek at a point in the NW1/4 of the NE1/4 of Section 29, Township 2 North, Range 68 West, 6th P.M., approximately 175 feet south of the north line of Section 29 and 1,475 feet west of the east line of Section 29. The headgate of the Delehant Ditch is located on Idaho Creek at a point in the SW1/4 of the NE1/4 of

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Section 29, Township 2 North, Range 68 West, 6th P.M., approximately 2,300 feet west of the east line of Section 29 and 1,400 feet south of the north line of Section 29, Township 2 North, Range 68 West, 6th P.M. Appropriation date: July 1, 1982. Amounts conditionally decreed and made absolute: Stromquist Pond No. 1: 406 acre-feet, conditionally decreed in Case No. 88CW219. In Case No. 98CW312, the water right for Stromquist Pond No. 1 was made absolute for 249.5 acre-feet per year for recreation and fish and wildlife propagation. The remaining 156.5 acre-feet as well as the irrigation, domestic, replacement, and augmentation uses decreed for Stromquist Pond No. 1 remain conditional and are referred to herein as the “Subject Conditional Water Rights,” collectively with the Stromquist Pond No. 2 conditional water rights described below at paragraph 3.F.ii. Stromquist Pond No. 2: 306 acre-feet, conditionally decreed in Case No. 88CW219. In Case No. 98CW312, the water right for Stromquist Pond No. 2 was made absolute for 306 acre-feet per year for recreation and fish and wildlife propagation. The irrigation, domestic, replacement, and augmentation uses decreed for Stromquist Pond No. 2 remain conditional and are referred to herein as the “Subject Conditional Water Rights,” collectively with the Stromquist Pond No. 1 conditional water rights described above at paragraph 3.F.i. Use: Irrigation, domestic, recreation, fish and wildlife propagation, replacement, and augmentation. The lands proposed to be irrigated are depicted on Exhibit B to the application and described as follows: The SE1/4 of the SE1/4, Section 20, Township 2 North, Range 68 West, lying east of the CB&Q Railroad right-of-way. The S1/2 of the N1/2 (lying west of the Weld County road) in Section 21, Township 2 North, Range 68 West, and the SW1/4, Section 21, Township 2 North, Range 68 West, and a triangular tract of land in the SW corner of the SW1/4 of the SE1/4 of said Section 21 lying west of the Weld County Road, one acre (more or less) excepting therefrom 8 acres conveyed to the Great West Sugar Company, also excepting a part of the SW1/4 of the SW1/4 lying west of the railroad consisting of approximately 10 acres. A part of the NE1/4 of the NE1/4 of Section 29, Township 2 North, Range 68 West, lying east of the railroad right-of-way and west of the Weld County Road, and north of the centerline of the farm lane. Approximately 7.49 acres in the N1/2 of the SW1/4 of Section 21, Township 2 North, Range 68 West, described as follows: Beginning at a point south and east of the centerline of the railroad whence the center of Section 21 bears N 64 degrees 20 minutes E 1,326 feet; S 61 degrees 20 minutes E 399 feet; S 32 degrees 50 minutes W 678 feet to the south line of the N1/2 of SW1/4, then N 88 degrees 13 minutes W to a point 50 feet from the centerline of the railroad, then N 34 degrees 49 minutes E 908 feet to the point of beginning. The SE1/4 of the NE1/4 and the NE1/4 of the SE1/4 of Section 20, Township 2 North, Range 68 West. Detailed outline of work and expenditures during the diligence period toward completion of the appropriation and application of the water to beneficial use: The diligence period for the Subject Conditional Water Rights is November 2008 through November 2014. Prior to Dream Weaver’s acquisition of the Subject Conditional Water Rights, Dream Weaver’s predecessor-in-interest, Charles Stromquist, expended resources to actively market the Subject Conditional Water Rights and the associated property. During the diligence period, Dream Weaver and its predecessor have worked diligently toward development of the Subject Conditional Water Rights, completion of the appropriation, and application of the water to beneficial use. Examples of such diligence are demonstrated by the following activities and expenditures: In May 2014, Dream Weaver purchased the water rights for Stromquist Pond Nos. 1 and 2, and associated lands, from the Stromquist Family Trust and Charles Stromquist. Significant land use planning, surveying, and other activities were conducted in connection with and prior to such conveyance, including surveying the bottom of Stromquist Ponds Nos. 1 and 2. The Subject Conditional Water Rights are part of Dream Weaver’s extensive integrated system to supply water in connection with its land and water development business and other activities. During the diligence period, Dream Weaver invested in and installed several new structures to work toward beneficial use of the Subject Conditional Water Rights in their entirety. In April and May 2014, Dream Weaver expended approximately $30,000 for a new headgate structure for the Carr & Tyler Ditch, to physically allow diversions up to a rate of 40 cfs. Dream Weaver installed a new 60-inch, broad-crested concrete weir, in order to manage the increased diversions available through the new headgate. Also, Dream Weaver installed (1) a new diversion structure on the Carr and Tyler Ditch in order to divert water separately to Stromquist Ponds Nos. 1 and 2, (2) two new 36-inch culverts to enlarge the inflow to Stromquist Pond No. 1, (3) one 36-inch culvert to enlarge the separate inflow into

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Stromquist Pond No. 2, and (4) staff gauges on Stromquist Ponds Nos. 1 and 2. Claim to make absolute: As described above in paragraphs 3.F.i and 3.F.ii, the water right for Stromquist Pond No. 1 was made absolute in the amount of 249.5 acre-feet per year for recreation and fish and wildlife propagation uses, and the water right for Stromquist Pond No. 2 was made absolute in the amount of 306 acre-feet per year for recreation and fish and wildlife propagation uses. Pursuant to C.R.S. § 37-92-301(e), this application seeks to make absolute the aforementioned 249.5 acre-feet per year decreed to Stromquist Pond No. 1 and the aforementioned 306 acre-feet per year decreed to Stromquist Pond No. 2 for all other decreed beneficial uses, in addition to the recreation and fish and wildlife propagation uses that are already absolute for those amounts. In addition, on October 10, 2014, Dream Weaver filled the structure known as Stromquist Pond No. 1 in priority in the amount of 386.76 acre-feet. As described in additional detail below at paragraph 7, under Request for Correction of Clerical Error, Stromquist Pond No. 1 should be renumbered Stromquist Pond No. 2 because a clerical error in the original adjudication transposed the numbering of Stromquist Pond Nos. 1 and 2. This error is evident because the actual constructed capacity of Stromquist Pond No. 1 is 306 acre-feet (not 406 acre-feet as decreed) and the actual constructed capacity of Stromquist Pond No. 2 is 406 acre-feet (not 306 acre-feet as decreed). Accordingly, based on the October 10, 2014 filling of the structure known as Stromquist Pond No. 1, which should be renumbered as Stromquist Pond No. 2 to have the proper capacity and other information associated with it, the application seeks to make absolute for all decreed beneficial uses 386.76 acre-feet of the total 406 acre-feet decreed to Stromquist Pond No. 1 (which should be renumbered Stromquist Pond No. 2). In the alternative to the claims to make absolute, the application seeks to continue all Subject Conditional Water Rights for an additional six-year diligence period. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Dream Weaver owns the relevant lands. Request for Correction of Clerical Error: In the decree in Case No. 88CW219, in which the Subject Conditional Water Rights were first adjudicated, Dream Weaver has determined that, due to a clerical error, the pond numbers for Stromquist Pond Nos. 1 and 2 were inadvertently transposed. As such, all information (amount storable, etc.) pertaining to Stromquist Pond No. 1 should pertain to Stromquist Pond No. 2 and all information pertaining to Stromquist Pond No. 2 should pertain to Stromquist Pond No. 1. This determination of the clerical error is clearly manifest by a physical review of the quantities storable in Stromquist Pond Nos. 1 and 2. Therefore, Dream Weaver requests that the Court correct this clerical error and allow Stromquist Pond Nos. 1 and 2 to be renumbered, such that the information corresponding to Pond No. 1 now pertains to Pond No. 2, and the information corresponding to Pond No. 2 now pertains to Pond No. 1. In addition, a notice of transfer of conditional water right was filed with this Court on October 2, 2014. Copies of the deeds evidencing Dream Weaver’s ownership of the Stromquist Pond Nos. 1 and 2 water rights were attached to the notice. 14CW3141 Michael Janeczko, 3920 Ogallala Rd., Longmont, CO 80503. APPLICATION FOR CONDITIONAL UNDERGROUND WATER RIGHT, IN WELD COUNTY. Please direct all correspondence to Paul J. Zilis, Aaron S. Ladd, Vranesh and Raisch, LLP, 1720 14th Street, Suite 200, Boulder, CO 80302, Phone: 303-443-6151, Email: pjz@vrlaw.com; asl@vrlaw.com. 2. Name(s) of well(s) and permit, registration, or denial number(s): Greenhead Ranch Well, Well Permit No. 14524-R. 3.Legal description of well: The Greenhead Ranch Well is located in Weld County, in the NE1/4 of the SW1/4 of Section 18, Township 4N, Range 66W of the 6th P.M., as shown on the map attached as Exhibit A, at a point described by the following UTM coordinate: Northing 4462194, Easting 515111, UTM Zone 13, NAD83. 4. Description of the well: Source of Water: Groundwater tributary to the South Platte River. Depth of Well: 40 feet. 5. Appropriation: Date of Appropriation: November 25, 2014, by filing this Application. Date water applied to beneficial use: N/A. Applicant seeks a conditional water right for use of the Greenhead Ranch Well. 6. The Subject Well withdraws tributary groundwater. Amount claimed in gallons per minute or cubic feet per second: 160 gallons per minute (0.36 cfs), CONDITIONAL. Amount claimed in acre-feet annually: 3.75 acre-feet, CONDITIONAL. 7. Decreed

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plan for augmentation. The Greenhead Ranch Well is located within the Groundwater Management Subdistrict (“GMS”) of the Central Colorado Water Conservancy District and has been approved by the GMS Board for inclusion in the GMS plan for augmentation, decreed in Case No. 02CW335, upon obtaining the water right decree sought herein. The Greenhead Ranch Well will not be pumped until it is included in said augmentation plan. 8. List all uses or proposed uses. Irrigation. Number of acres to be irrigated: Irrigation of not more than 7 acres. Legal description of irrigated acreage: The irrigated acreage is located in Section 18, Township 4N, Range 66W of the 6th P.M., as shown in the map attached as Exhibit A to the Application. 9. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new or existing diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing pool. Applicant. 10. Remarks: The Greenhead Ranch Well is associated with Well Permit No. 14524-R, and replaces the water right decreed in Case No. W-2268, Eaton Cattle Well No. 5-14524, which right was deemed abandoned on the Division Engineer’s Revised 2010 abandonment list. The property is being used in conjunction with a wildfoul augmentation plan for the “Big Bend” area of the South Platte River and irrigation of this area will support food plots and other habitat enhancements on the above-identified acreage. (4 pages, 1 exhibit) 14CW3142, Longhorn Circle, LLC, 1626 Thatch Circle, Castle Rock, CO 80109 (Kara N. Godbehere, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NOT NONTRIBUTARY SOURCE AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NOT NONTRIBUTARY UPPER DAWSON AQUIFER,ELBERT COUNTY. Subject Property: 13.1 acres being Lot 45A, Chisholm Amended, generally located in the SW1/4SE1/4 of Section 27, T8S, R65W of the 6th P.M., as shown on Attachment A hereto ("Subject Property"). Applicant is the owner of the 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. Annual Amount: 5 acre-feet. Uses: Domestic, including in house, commercial, irrigation, livestock watering, fire protection, including storage, and augmentation purposes. Groundwater to be augmented: 1 acre-foot per year for 100 years of not nontributary Upper Dawson aquifer groundwater as requested herein. Water rights for augmentation: Return flows from the use of not nontributary Upper Dawson aquifer and nontributary Laramie-Fox Hills aquifer groundwater decreed in Case No. 03CW054, located in the SE1/4SW1/4 of Section 10, T8S, R65W of the 6th P.M. Statement of plan for augmentation: The Upper Dawson aquifer groundwater will be used for inhouse use in one residence (0.35 acre-feet per year), irrigation of home lawn and garden and trees (0.5 acre-feet per year), stockwatering of four large domestic animals (0.05 acre-feet), and use in a water feature (0.1 acre-feet). Sewage treatment for inhouse use will be provided by a non-evaporative septic system. Return flows associated with in-house use will be approximately 90% of water used for that purpose and return flow associated with irrigation use will be 10% of water used for that purpose. During pumping Applicant will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. Depletions occur to the Running Creek stream system. Return flows accrue to the South Platte River stream system, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicant will reserve an equal amount of nontributary groundwater decreed in Case No. 03CW054 to meet post pumping augmentation requirements. Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (5 pages). 14CW3143 Groundwater Management Subdistrict of the Central Colorado Water Conservancy District (GMS), 3209 West 28th Street, Greeley, Colorado 80631 and the Platteville Irrigating and Milling Company (PIMC), 12994 WCR 28, Platteville, Colorado 80651, by and through their attorneys Lawrence Jones Custer Grasmick LLP and Krassa & Miller, LLC, (970)622-8181. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE CONDITIONAL WATER RIGHTS IN WELD COUNTY. 2. Conditional Recharge Water Right. 2.1. Name of Structure. Platteville Irrigating and Milling Ditch Recharge Project. 2.2. Decree. Case No.

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01CW48, Water Division No. 1. 2.3. Diversion Point. The headgate of the Platteville Irrigating and Milling Ditch, located in the NW1/4 NW1/4 SE1/4, Section 31, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado. 2.4. Source of Water. South Platte River and its tributaries. 2.5. Appropriation. March 20, 2001. 2.6. Amount. 150 c.f.s., conditional. 2.7. Use. Augmentation of the Member Wells included in the GMS Augmentation Plan Case No. 02CW335 or the Well Augmentation Subdistrict of the Central Colorado Water Conservancy District, Case No. 03CW099. Any augmentation use by PIMC or its shareholders for wells other than the wells in those two cases must be pursuant to a separate, decreed augmentation plan and no such plan is approved herein. All uses are conditional. 3. Outline of What Has Been Done Toward Completion. 3.1. White Sands Water Engineers, Inc., reviewed the State Hydrobase diversion records which show that Applicants diverted and recharged water for beneficial use in priority at a maximum rate of 37.52 c.f.s. on September 12, 2013. Exhibit 1. The recorded daily diversion rate of the Platteville Ditch (WDID 0200813) on September 12, 2013 was 65.4 c.f.s. Of that amount 34.16 c.f.s was diverted to the Herman No. 1 Recharge Pond (WDID 0202031); 2.53 c.f.s. to the Herman No. 2 Recharge Pond (WDID 0202084); 0.83 to the Herman Zechin Recharge Pond (WDID 0202085). Applicants claim 37.52 c.f.s., absolute. 3.2. At the time of the application in 2001 GMS and PIMC had an Agreement for use of the PIMC ditch dated March 14, 2001. GMS negotiated and subsequently entered into Agreements with PIMC on April 15, 2003, January 20, 2004 and April 18, 2006. On September 8, 2011 GMS, the Central Colorado Water Conservancy District, the Well Augmentation Subdistrict of the Central Colorado Water Conservancy District and PIMC entered into an Agreement consolidating the terms of all the prior agreements, amending the terms of those agreements and replacing the terms of the prior agreements. The 2011 Agreement, among other things, addresses the recharge of the conditional in the PIMC Ditch and the allocation of responsibilities between the parties. The Agreement is attached as Exhibit 2. 3.3. Applicant spent $121,500 for engineering expenses for improvements to divert water into the recharge sites. Applicants spent $9,259 for legal expenses. Applicant spent $444,649 for purchase of easements, construction and measuring and recording devices. 3.4. The Platteville Irrigating and Milling Ditch Recharge Project is part of the integrated system of water rights and supplies for the GMS augmentation plan decreed in Case No. 02CW335 (See ¶41 of the 01CW48 Decree). 4. Claim. Applicants seek to make absolute 37.52 c.f.s., the remainder of the conditional water right to remain conditional. 14CW3144 North Weld County Water District (District), P.O. Box 56, Lucerne, Colorado 80646. (970) 356-3020. Please send all future correspondence and pleadings to: Bradley C. Grasmick, Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Ste. 1, Johnstown, CO 80534. APPLICATION FOR CHANGE OF WATER RIGHTS AND CHANGE TO INCLUDE STORAGE, in LARIMER AND WELD COUNTIES. 2. Name of water rights to be changed. 90.79055 shares of The Arthur Irrigation Company, hereinafter “Shares.” 3. Previous decrees. 3.1. Decree, Case No. 320; Larimer County District Court. 3.1.1. Adjudication Date: April 11, 1882. 3.1.2. Location: The decreed point of diversion is the slough of the Cache La Poudre River called the “the John Brown Slough” on the south side of said river three miles above the Town of Fort Collins, in the SW1/4 of Section 34, Township 8 North, Range 69 West of the 6th P.M. as shown in Exhibit A attached hereto. 3.1.3. Source: Cache La Poudre River. 3.1.4. Appropriation Dates and Amounts: Original construction; June 1, 1869; 1.67 cfs, First enlargement, April 1, 1871,31.67 cfs; Second enlargement, July 20, 1872, 33.33 cfs; Third enlargement, September 1, 1873, 63.28 cfs 3.1.5. Uses: Irrigation and domestic. 3.2. Transfer Decree, Case No. 1584, Larimer County District Court. 3.2.1. Adjudication Date: June 7, 1907 3.2.2. Location: The point of diversion was decreed for the headgate of the Arthur Irrigation Company located on the south bank of the Cache la Poudre River in the SW1/4 of Section 34, Township 8 North, Range 69 West of the 6th P.M. in Larimer County, Colorado. 3.2.3. Source: Cache la Poudre River. 3.2.4. Appropriation Dates and Amounts: Watrous, Whedbee, and Secord Ditch original construction, (original adjudication dated April 11, 1882), June 1, 1861, 0.72 cfs; Watrous, Whedbee and Secord Ditch first enlargement, (original adjudication dated April 11, 1882), July 1, 1866, 2.165 cfs; Watrous, Whedbee, and Secord Ditch second enlargement, (original adjudication dated April 11, 1882), June 1, 1868, 2.165 cfs; 3.2.5. Use: irrigation. 3.3 Sherwood

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Reservoir Decree, Case No. W-9447-78, Larimer County District Court 3.3.1. Adjudication Date: March 3, 1980. 3.3.2. Location: N1/2 Section 30, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado with the outlet being at a point whence the NE Corner, Section 30, bears North 56°30' East 1968.5 feet. 3.3.3. Source: Cache La Poudre River. 3.3.4. Appropriation Date and Amount: August 4, 1906; Amount: 298 acre-feet 3.3.5. Use: Storage in Sherwood Reservoir a/k/a Nelson Reservoir for domestic, recreation and irrigation uses; and a change of water rights for the water rights decreed to the Arthur Ditch to include storage in Sherwood Reservoir with the right to fill and refill and release for irrigation uses. 3.4. Decree, 92CW129, District Court, Water Division 1 (hereinafter the “Southside Ditches Decree”) 3.4.1. Date Decree entered: October 2, 1996 3.4.2. Change Decreed. The City of Fort Collins changed 391.36420 shares of the Arthur Irrigation Company to all municipals uses, including but not limited to domestic irrigation commercial industrial, recreation fishery piscatorial and wildlife within the Fort Collins service and for augmentation, replacement and substitution and exchange including contract exchanges or water trades made by mutual agreement with other water users as described in that decree and adjudicated several alternate points of diversion and places of storage for the said rights. Fort Collins quantified the water rights of the Arthur Irrigation Company based on a ditch wide analysis of the Arthur Ditch system. 3.5. Decree, 05CW323 District Court, Water Division 1 3.5.1. Date Decree entered: April 23, 2014 3.5.2. Change Decreed. The City of Fort Collins changed an additional 154.675 shares in the Arthur Irrigation Company relying on and utilizing the ditch wide findings and corresponding terms and conditions determined in the South Side Ditches Decree. 4. Historic use. The Shares were historically used for irrigation. The historical use of the Arthur Ditch was previously quantified in the Southside Ditches Decree using a ditch wide analysis based on a study period of 1913 through 1970. This period encompassed wet years, dry years and years of average water supply and was found by the court to be representative of the historical use of the water rights. During that period, the average annual diversion of the direct flow water rights decreed to the Arthur Ditch was 5,219 acre feet, as shown in Exhibit B attached hereto. It was determined that water was allocated on a pro-rata basis for the irrigation of 2,700 acres. Conveyance losses averaged 15% and the average ditch wide farm irrigation efficiency was decreed as 58.3%. Return flows associated with use under the Arthur Ditch was found to consist of both a surface and subsurface component with 17.0 percent of irrigation deliveries returning to the stream as surface flows and 25.4 percent of irrigation deliveries returning as subsurface flows. 5. Proposed changes. 5.1. Change in Point of Diversion. In addition to diverting at the currently decreed point of diversion, Applicant seeks approval to divert its proportional interest in the Shares at the following alternate points of diversion, subject to approval of the owners of the structures for use of the structures: 5.1.1. Munroe Gravity Canal (a.k.a. North Poudre Supply Canal), the headgate of which located on the east bank of the Cache La Poudre River in the SW1/4, NE1/4 of Section 5, Township 8 North, Range 70 West, at a point whence the Southeast corner of Section 5 bears South 37º27’30” East 3,647.5 feet. 5.1.2. North Poudre Canal, the headgate of which located on the North Fork of the Cache La Poudre River at a point 170 feet North and 1,080 feet West of the Southeast corner of Section 12, Township 10 North, Range 71 West. 5.1.3. New Mercer Ditch, the headgate of which is located on the south side of the Cache La Poudre River approximately one mile above the Town of LaPorte SW1/4 of Section 29, Township 8 North, Range 69 West, at a place called Point of Rocks. 5.1.4. Larimer County Canal No. 2, the headgate of which is located on the south side of the Cache La Poudre River approximately one mile above the Town of LaPorte in the SW1/4 of Section 29, Township 8 North, Range 69 West, at a place called Point of Rocks. 5.1.5. Overland Trail Diversion Structure, with a point of diversion located on the South side of the Cache la Poudre River at a point 2,400 feet West and 1,500 feet North of the Southeast corner of Section 33, Township 8 North, Range 69 West. 5.1.6. North Poudre No. 16 (a/k/a Halligan Reservoir), as the same may be enlarged, which is located on the North Fork of the Cache la Poudre River, upon portions of Sections 29, 33 and 34, Township 11 North, Range 71 West. 5.2. Change to include storage. The Shares may be stored prior to subsequent beneficial use in addition to the existing direct flow use. The Shares may be stored in any reservoir to which the District currently possess or may in the future acquire storage rights, including but not limited to: 5.2.1. The Overland Trail Reservoirs, subject of the decree entered on December 6, 2013 in Case No. 00CW251, which will be a series of hydraulically connected, lined gravel

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pits located in parts of the SE1/4 of Section 32, the S1/2 of Section 33, Township 8 North, Range 69 West, the N1/2 of Section 4, and the E1/2 of the NW1/4, the SW1/4 of the NE1/4, and the NW1/4 of the SE1/4 of Section 3, Township 7 North, Range 69 West. Water from the Shares may also be exchanged after storage in the Overland Trail Reservoirs pursuant to the exchange decreed in Case No. 00CW251; 5.2.2. North Poudre No. 16 (a/k/a Halligan Reservoir), as the same may be enlarged, which is located on the North Fork of the Cache la Poudre River, upon portions of Sections 29, 33 and 34, Township 11 North, Range 71 West. (Collectively, the "Reservoirs") All Reservoirs identified in ¶5.1 and ¶5.2 above, are located in the 6th P.M., in Larimer County, Colorado. The District will not store the Shares in the Reservoirs unless they first obtain the right to use those structures from the appropriate persons or entities. The District reserves the right to carry over any stored water from year to year in the Reservoirs. 5.3. Change in use. The District seeks to add the following uses to the previously decreed irrigation use for the Shares: all water district uses, either directly or following storage, including but not limited to irrigation, domestic, municipal, mechanical, industrial, commercial, manufacturing, fire protection, sewage treatment, watering of parks, lawns and grounds, recreation, fish culture, maintenance and preservation of wildlife, exchange, augmentation, replacement, adjustment and regulation of the District water system. 5.4. Change in place of use. The new uses of the Shares will be made by the District within its service area as the same may exist now or from time to time may be expanded to serve proximate areas and outside the same pursuant to agreements between the District and others who take delivery of water from the District’s water system. 6. Diversions. The District will utilize the ditch wide determinations for the Arthur Ditch as found in the Southside Ditches Decree and propose to utilize the limits set forth in that decree. The District proposes to limit its future diversions to its pro-rata entitlement under the Arthur water rights. Future diversions shall be limited to 5.81 acre feet per share in any single year and 172.8 acre feet per share over any consecutive 40-year period. 7. Dry up. At least 203 acres, which are in addition to the 1,223 acres attributable to shares changed by Fort Collins in the Southside Ditches Decree and the decree entered in 05CW323 have been identified as removed from irrigation under the Arthur Ditch and shall be attributable to the Shares. 8. Historical return flows. The District will replace historical return flows from the Shares in time, location, and amount as necessary to prevent injury to other vested and conditional water rights senior to the date of this application with any water rights it has which are physically and legally available to the District. The return flows are hereby reappropriated by the District for diversion and use as previously stated in this application. 9. Name and Address of Owners of Structures are as follows: 9.1 The point of diversion for the Overland Trail Diversion Structure is on land owned by: (i) the City of Greeley, 1100 10th Street, 3rd Floor, Greeley, CO 80631; (ii) the Fort Collins – Loveland Water District, 5150 Snead, Fort Collins, CO 80525; (iii) the North Weld County Water District, 32825 WCR 39, P.O. Box 56, Lucerne, CO 80646; and (iv) East Larimer County Water District, 232 South Link Lane, Fort Collins, CO 80524. 9.2. The point of diversion for the Munroe Gravity Canal is on land owned by the Northern Colorado Water Conservancy District, 220 Water Ave., Berthoud, CO 80513. 9.3. The points of diversion for the New Mercer Ditch and the Larimer County Canal No. 2 are on land owned by James S. and Rose L. Brinks, 2405 N. Overland Trail, LaPorte, CO 80535. The structures themselves are owned by the New Mercer Ditch Company and the Larimer County Canal No. 2 Irrigation Company, whose addresses are P.O. Box 506, Fort Collins, CO 80522. 9.4. The Overland Trail Reservoirs will be located on lands owned by: (i) Deines Trust, Deines, Maurice L. and Alice J., Trustees, 9205 W. Indian Hills Drive, Sun City, AZ 85351; (ii) Kenneth C. Hilt, 1429 North Taft Hill Road, Fort Collins, CO 80521-1334; (iii) the City of Greeley, 1100 10th Street, 3rd Floor, Greeley, CO 80631; (iv) the Fort Collins – Loveland Water District, 5150 Snead, Fort Collins, CO 80525; (v) the North Weld County Water District, 32825 WCR 39, P.O. Box 56, Lucerne, CO 80646; and (vi) East Larimer County Water District, 232 South Link Lane, Fort Collins, CO 80524. 9.5. Halligan Reservoir is located on lands owned by: (i) State of Colorado, Division of Wildlife, 6060 Broadway Avenue, Denver, CO 80216; (ii) United States of America Bureau of Land Management, General Delivery, Washington, DC 20090; (iii) North Poudre Irrigation Company, whose address is P.O. Box 100, Wellington, CO 80549; (iv) the Landowners’ Association for Phantom Canyon Ranches, c/o Sandy Beardmore, 2212 Kiowa Court, Fort Collins, CO 80525; (iii) United States of America Bureau of Land Management, General Delivery,

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Washington, DC 20090; (v) Free Enterprises, Inc., c/o Lee Stark, 1803 Garfield Avenue, Loveland, CO 80537; (vi) City of Fort Collins, P.O. Box 580, Fort Collins, CO 80522; (vii) TJ Mac, Ltd., P.O. Box 9, Greeley, CO 80632- 0009; (viii) Gary C. and Mary J. Packard, 5142 Eagle Lake Drive, Fort Collins, CO 80524; and (ix) Meadow Creek Cabin Association, LLC, c/o Sandy Beardmore, 2212 Kiowa Court, Fort Collins, CO 80525. 9.6. The point of diversion for the North Poudre Canal is on land owned by the Landowners’ Association for Phantom Canyon Ranches, c/o Sandy Beardmore, 2212 Kiowa Court, Fort Collins, CO 80525. The structure itself is owned by the North Poudre Irrigation Company, whose address is P.O. Box 100, Wellington, CO 80549. 7 pages, 2 exhibits. 14CW3145 MICHAEL GEHRING AND LYNDA GEHRING. Henry D. Worley, Worley Law Firm LLC, 611 North Weber, Suite 104, Colorado Springs, CO 80903. Application for Underground (Denver Basin) Water Rights and for Approval of Plan for Augmentation IN EL PASO COUNTY. 1. Name and address of Applicants: Applicants are Michael Gehring and Lynda Gehring, 15010 Basin Drive, Colorado Springs, CO 80908; e-mail: lmgehring@wildblue.net. Applicants own 35.18 acres of land located mostly in the SW1/4 NE1/4 Section 32, T. 11 S., R. 65 W., 6th P.M. in El Paso County (the “Property”). A map showing the Property’s approximate boundaries is attached as Figure 1. The legal description of the Property is attached as Exhibit A. :2. Names of wells and permit, registration, or denial numbers permit no. 202466. This structure is currently permitted as an exempt well in the Dawson aquifer. A copy of that well permit is attached as Exhibit B. 3. Legal description of wells: Permit no. 202466 is located in the SW1/4 NE1/4 Section 32, T. 11 S., R. 65 W., 6th P.M., 2000 feet from the north section line and 2000 feet from the east section line. Applicants hereby waive the 600 foot spacing rule in regard to all Dawson aquifer wells constructed on the Property. 4. Source: Not nontributary Dawson aquifer. 5.A. Date of appropriation: Not applicable. 5.B. How appropriation was initiated: Not applicable. 5.C. Date water applied to beneficial use: Not applicable. 6. Amounts claimed: Not nontributary Dawson aquifer: 3,730 acre feet, absolute. Nontributary Denver aquifer: 2,680 acre feet, absolute. Nontributary Arapahoe aquifer: 1,480 acre feet, absolute. Nontributary Laramie-Fox Hills aquifer: 1,000 acre feet, absolute. These amounts may be adjusted upward or downward to correspond to the State Engineer’s Determinations of Facts. 7. Proposed use: all beneficial uses, including augmentation, except municipal. 8. Names and addresses of owners of land on which well is located: Same as Applicants. 9. Remarks: A. There is one lien against the Property. Applicants are giving notice of the application to the lienor pursuant to C.R.S. 37-92-302(2)(b). A copy of the letter is attached as Exhibit C. B. After entry of the decree adjudicating the water rights and approving the plan for augmentation described below, Applicants will apply for a new well permit for the existing well, the terms of which shall be consistent with the plan for augmentation and with applicable statutes and regulations. II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. 10. Name of structures to be augmented: Existing Dawson aquifer well 202466. No other water rights are or will be diverted from this well. 11. Previous decrees for water rights to be used for augmenta-tion: not applicable. 12. Historic use: Not applicable. 13. Statement of plan for augmentation: A. Water Demand. Applicants seek to pump 2.89 acre feet annually from their Dawson aquifer well for some or all of the following purposes: for indoor uses for drinking and sanitary purposes in a single family dwelling, for livestock watering, including commercial livestock, for landscape, garden and pasture irrigation, for commercial use including but not limited to a dog boarding facility, home office use, for a detached office or cottage, for a hot tub or swimming pools, fire suppression and for augmentation of depletions pursuant to the augmentation plan applied for herein. B. Water Consumption and Return Flows. Annual indoor water usage for a single family dwelling is assumed by the State Engineer to be at least 0.2 acre foot. It is generally accepted that no more than ten percent of water used indoors in residences using non-evaporative septic systems and leach fields for wastewater disposal is consumed, with 90 percent (0.18 acre foot per home, annually) returning to the stream system. Although there will be some return flows from other uses, Applicants will rely only on return flows from septic systems and leach fields for replacement of depletions during a proposed 100 year pumping period. C. Allowable Annual Pumping and Replacement of Stream Depletions During Pumping. Based on

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computer modeling, stream depletions will occur to tributaries of the South Platte and Arkansas Rivers. Applicants propose to aggregate and replace all stream depletions to East Cherry Creek, a tributary of Cherry Creek and the South Platte River. Computer modeling indicates that during pumping total stream depletions will gradually increase to a maximum of 6.227 percent of annual pumping in the 100th year. Based on that, Applicants will pump up to 2.89 acre foot annually for 100 years. This amount may be adjusted in the decree, to conform to the Division Engineer’s Consultation Report regarding depletions as a percentage of pumping over the proposed 100 year pumping period. D. Replacement of Stream Depletions After Cessation of Pumping. Applicants agree to replace depletions for the shortest of the following periods: the period provided by the Colorado Legislature, should it eventually specify one and if the Applicants obtain water court approval for such modification, the period determined by the State Engineer, should the State Engineer lawfully establish such a period; the period established through rulings of the Colorado Supreme Court in relevant cases; or until Applicants or their successors petition the water court and after notice to parties in the case prove that they have complied with all statutory requirements. Applicants will reserve approximately 285 acre feet from the Denver aquifer underlying the Property for the replacement of post-pumping depletions, unless and until such time as any of the above conditions occurs which terminates the obligation to replace post-pumping depletions, or unless Applicants obtain judicial approval of another source of replacement water for post-pumping depletions. Applicants shall make post-pumping replacements annually as required to replace modeled stream depletions. E. Miscellaneous. (1) After entry of this decree, Applicants shall apply for a new well permit for existing permit 202466 on terms consistent with the decree in this case and with applicable regulations and statutes. (2) Applicants will include in the decree provisions which (a) limit annual pumping from the proposed Dawson aquifer well to 2.89 acre feet annually and total pumping to 289 acre feet; (b) require the use of a non-evaporative septic system for wastewater treatment; (c) reserve adequate nontributary water for replacement of post-pumping depletions, which reservation may be voided upon the occurrence of any of the events specified above eliminating the need for such reservation; (d) inform future owners that utilization of water for indoor residential purposes is required in order to generate the necessary return flows for augmentation; and (e) indicate that the owners will be required to construct a well or wells into the Denver aquifer underlying the Property for replacement of post-pumping depletions if the source of augmentation water is unchanged. Provisions otherwise limiting the uses to which water may be used on the Property are unnecessary because the annual pumping limitations, and the requirement that non-evaporative septic systems be used, ensure that annual septic system return flows alone will equal or exceed annual depletions throughout the 100 year pumping period. (3) This application is being filed in both Water Divisions 1 and 2 because stream depletions will occur in both the South Platte and Arkansas drainages. After the time for filing statements of opposition has expired, Applicants will seek to consolidate the two applications in Water Division 1. (4) It is not uncommon in applications such as this for values for amounts of water available for appropriation, amounts which may be pumped annually pursuant to the plan for augmentation, depletion factors, and amounts required to replace post-pumping depletions to vary somewhat from the values determined by the Division of Water Resources. Applicants hereby give notice that they reserve the right to amend the figures set forth herein as necessary to conform to the State’s figures regarding such issues. 14CW3146 C. Luther Stromquist, 1649 Metropolitan Drive, Longmont, Colorado 80504, 303-678-6234; APPLICATION TO MAKE ABSOLUTE AND FOR FINDING OF DILIGENCE IN WELD COUNTY. Attorney for Applicant: Gilbert Y. Marchand, Jr., #19870, Gilbert Y. Marchand, Jr., P.C., 2737 Mapleton Avenue, Suite 202, Boulder, CO 80304, 303-444-4256, gym@gymlaw.com. 1. Name, mailing address, e-mail address, and telephone number of Applicant: C. Luther Stromquist, 1649 Metropolitan Drive, Longmont, Colorado 80504, 303-678-6234; no e-mail address at this time. 2. Names of structures: Stromquist Pond Nos. 3, 4, and 5. 3. Describe conditional water right (as to each structure) giving the following from the Referee’s Ruling and the Court’s Judgment and Decree: 3.A. Original Decree: The water rights for the Stromquist Pond Nos. 3, 4, and 5 (“Stromquist Pond water rights”) were decreed on July 8, 1992 in Case No. 88CW219, District Court, Water Division No. 1. On

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September 21, 1999, in Case No. 98CW312, District Court, Water Division No. 1, a decree finding diligence was entered for the Stromquist Pond water rights. On November 12, 2008, in Case No. 05CW248, District Court, Water Division No. 1, a decree was entered making portions of the Stromquist Pond water rights absolute, and continuing the remaining conditional portions of the water rights. 3.B. Legal Description: 3.B.(i). Stromquist Pond No. 3 is located in the NE1/4 of Section 20 and the NW1/4 of Section 21, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado; the center point of said Reservoir being approximately 0 feet west of the east section line of said Section 20 and 150 feet south of the north section line of said Section 20. 3.B.(ii). Stromquist Pond No. 4 is located in the NW1/4 and SW1/4 of Section 21, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado; the center point of said Reservoir being approximately 1400 feet east of the west section line of said Section 21 and 2150 feet south of the north section line of said Section 21. 3.B.(iii). Stromquist Pond No. 5 is located in the NE1/4 of the SW1/4 and SE1/4 of the NW1/4 of Section 21, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado; the center point of said Reservoir being approximately 1850 feet east of the west section line of said Section 21 and 2500 feet north of the south section line of said Section 21. 3.C. Sources: Boulder Creek and Idaho Creek via the Carr and Tyler Ditch and the Delehant Ditch. Water can be diverted from Boulder Creek into Idaho Creek at a point 100 feet south of the west one-quarter corner of Section 29, Township 2 North, Range 68 West, 6th P.M., Weld County, Colorado, and then can be diverted from Idaho Creek at the following locations: 3.C.(i). The headgate of the Carr and Tyler Ditch is located on Idaho Creek at a point in the NW1/4 of the NE1/4 of Section 29, Township 2 North, Range 68 West, 6th P.M., approximately 175 feet south of the north line of Section 29 and 1475 feet west of the east line of Section 29. 3.C.(ii). The headgate of the Delehant Ditch is located on Idaho Creek at a point in the SW1/4 of the NE1/4 of Section 29, Township 2 North, Range 68 West, 6th P.M., approximately 2300 feet west of the east line of Section 29 and 1400 feet south of the north line of Section 29, Township 2 North, Range 68 West, 6th P.M. 3.D. Appropriation Date: July 1, 1982. 3.E. Amounts conditionally decreed and made absolute: 3.E.(i). Stromquist Pond No. 3: 190 acre-feet, conditionally decreed in Case No. 88CW219. In Case No. 05CW248, the water right for Stromquist Pond No. 3 was made absolute for 97.2 acre-feet for recreation and fish and wildlife propagation, with 92.8 acre-feet remaining conditional for such uses. The entire amount remains conditional for irrigation, domestic, replacement and augmentation uses. 3.E.(ii). Stromquist Pond No. 4: 286 acre-feet, conditionally decreed in Case No. 88CW219. In Case No. 05CW248, the water right for Stromquist Pond No. 4 was made absolute for 74 acre-feet for recreation and fish and wildlife propagation, with 212 acre-feet remaining conditional for such uses. The entire amount remains conditional for irrigation, domestic, replacement and augmentation uses. 3.E.(iii). Stromquist Pond No. 5: 62.5 acre-feet, conditionally decreed in Case No. 88CW219. In Case No. 05CW248, the water right for Stromquist Pond No. 5 was made absolute for 62.5 acre-feet for recreation and fish and wildlife propagation. The entire amount remains conditional for irrigation, domestic, replacement and augmentation uses. 3.F. Use: Irrigation, domestic, recreation, fish and wildlife propagation, replacement and augmentation. The lands irrigated or proposed to be irrigated are described in the decrees in Case Nos. 88CW219, 98CW312, and 05CW248 as follows: 3.F.(i). The SE1/4 of the SE1/4, Section 20, Township 2 North, Range 68 West, lying east of the CB&Q Railroad right-of-way. 3.F.(ii). The S1/2 of the N1/2 (lying west of the Weld County road) in Section 21, Township 2 North, Range 68 West, and the SW1/4, Section 21, Township 2 North, Range 68 West, and a triangular tract of land in the SW corner of the SW1/4 of the SE1/4 of said Section 21 lying west of the Weld County Road, one acre (more or less) excepting therefrom 8 acres conveyed to the Great West Sugar Company, also excepting a part of the SW1/4 of the SW1/4 lying west of the railroad consisting of approximately 10 acres. 3.F.(iii). A part of the NE1/4 of the NE1/4 of Section 29, Township 2 North, Range 68 West, lying east of the railroad right-of-way and west of the Weld County Road, and north of the centerline of the farm lane. 3.F.(iv). Approximately 7.49 acres in the N1/2 of the SW1/4 of Section 21, Township 2 North, Range 68 West, described as follows: beginning at a point south and east of the centerline of the railroad whence the center of Section 21 bears N 64 degrees 20 minutes E 1326 feet; S 61 degrees 20 minutes E 399 feet; S 32 degrees 50 minutes W 678 feet to the south line of the N1/2 of SW1/4, then N

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88 degrees 13 minutes W to a point 50 feet from the centerline of the railroad, then N 34 degrees 49 minutes E 908 feet to the point of beginning. 3.F.(v). The SE1/4 of the NE1/4 and the NE1/4 of the SE1/4 of Section 20, Township 2 North, Range 68 West. 4. Provide a detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: During the diligence period from November 13, 2008 through November 2014, the following has been done. Pond Nos. 3, 4, and 5 completely filled during September of 2013, and have been used for recreation and fish and wildlife propagation since that time, as well as during the entire diligence period. Approximately 33,000.00 dollars of expenditures were incurred in connection with the following activities during the diligence period. A pipeline was installed to connect Pond Nos. 3, 4, and 5, and a pipeline was installed to release water from Pond No. 3 to Boulder Creek. A water tank was purchased to facilitate irrigation using water from the ponds. Trees were planted on the south side of Pond No. 3. Expenses were paid to the ditch rider for the Carr & Tyler Ditch, which is used to fill the ponds. The Carr & Tyler Ditch was cleaned with a backhoe. Water testing supplies were obtained, and water sample analyses were done for the ponds. 47 trees were irrigated during May through September in 2010, 2011, and 2012 from Pond No. 3. The ponds have been routinely maintained via weed mowing, spraying around banks, and use of grass carp. The diversion box off the Carr and Tyler Ditch that enables filling of Pond No. 3 has been used and maintained. An osprey nesting platform was installed on power lines adjacent to Pond No. 3. Applicant’s title to Pond Nos. 3, 4, and 5, including the associated water rights, was clarified via a correction deed in April of 2014. Correspondence took place during the diligence period with the Town of Frederick regarding possible use or dedication of one or more of the ponds in connection with annexation of neighboring land. Significant legal expenditures were incurred in connection with protection of the water rights for Pond Nos. 3, 4, and 5 by filing and prosecuting statements of opposition to applications affecting the water rights. Applicant also incurred attorney fees in connection with an application for change of water rights that involves the ponds as places of storage and that also involves augmentation and replacement water associated with the ponds’ decreed water rights. Applicant incurred legal fees in the amount of approximately $37,000.00, on water court cases and related matters. Applicant also incurred water resource engineering fees in the approximate amount of $16,104.61 related to the above-described application for change of water rights, the correspondence with the Town of Frederick, and infrastructure improvements for the ponds. Further and more detailed information concerning Applicant’s expenditures and concerning Applicant’s diligence activities is available from Applicant and is also claimed in support of this application. 5. If claim to make absolute: 5.A. Water applied to beneficial use: Pond Nos. 3 and 5 were filled in priority in June 2005 to their present capacities of, respectively, 97.2 acre-feet and 63.9 acre-feet, and were re-filled to such capacities in priority in September of 2013. Water stored in Pond Nos. 3 and 5 has been used for recreation and fish and wildlife propagation during the entire diligence period. Additionally, water from Pond No. 3 has been used for irrigation purposes during May through September in 2010, 2011, and 2012. Pond No. 4 was filled in priority in June 2005 in an amount of approximately 74 acre-feet, and was re-filled to its present capacity of 147.5 acre-feet in-priority in September of 2013. Water stored in Pond No. 4 has been used for recreation and fish and wildlife propagation during the entire diligence period. 5.B. Description of place of use where water is or was applied to beneficial use: Stromquist Pond Nos. 3, 4, and 5, whose locations are described in detail at section 3.B. herein, and depicted in Exhibit A, which is attached to the application and incorporated herein by this reference. The place of irrigation use of water from Pond No. 3 is at trees throughout Applicant’s property depicted in Exhibit A. 6. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure, is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: The names and addresses of the owners of the land upon which the Stromquist Pond Nos. 3, 4, and 5 are located is the same as Applicant. 7. Remarks: Attached to the application is the affidavit of C. Luther Stromquist, and a map (Exhibit A) depicting the location of Pond Nos. 3, 4, and 5, as well as the lands irrigated or proposed to be irrigated. WHEREFORE, pursuant to C.R.S. Sections 37-92-103(4)(a) and 37-92-301(4), specifically including 37-92-301(4)(e), Applicant requests the court to enter a decree making absolute the

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water rights for Stromquist Pond Nos. 3, 4, and 5 in the amounts, respectively, of 97.2 acre-feet, 147.5 acre-feet, and 62.5 acre-feet for all the decreed uses; or in the alternative, finding that diligence has been shown toward the completion of any remaining conditional portions of the appropriations associated with the water rights for said Ponds 3, 4, and 5; continuing said water rights in full force and effect; and granting such other relief as the court deems proper under the circumstances. AMENDMENTS 13CW3026 Arapahoe County Water and Wastewater Authority (“ACWWA”), East Cherry Creek Valley Water and Sanitation District (“ECCV”); and United Water and Sanitation District (“United”), (c/o Brian M. Nazarenus, Esq., Sheela S. Stack, Esq., and Susan M. Ryan, Esq., RYLEY

CARLOCK & APPLEWHITE, 1700 Lincoln Street, Suite 3500, Denver, CO 80203, Telephone: 303-863-7500, Attorneys for ACWWA and ECCV); and (c/o Tod J. Smith, Esq., LAW OFFICE OF TOD J. SMITH, LLC, 2919 Valmont Road, Suite 205, Boulder, Colorado 80301 Telephone: 303-444-4203, Attorney for United) (collectively “Applicants”). AMENDED APPLICATION FOR CHANGE OF WATER RIGHTS AND A PLAN FOR AUGMENTATION, IN ADAMS, ARAPAHOE, DENVER, DOUGLAS, ELBERT, LARIMER, MORGAN AND WELD COUNTIES. 2. Background and Relationship of the Applicants and Applicants’ Prior Decrees and Pending Cases. 2.1. Background. On December 15, 2009, ACWWA, United, and ECCV entered into an Intergovernmental Agreement (“IGA”) to provide for ACWWA’s participation with ECCV and United in an integrated system for the diversion, accretion, collection, storage, transmission, and treatment of their water rights. The integrated system, which is also referred to as the Water Supply Project or the Northern Project, is designed to provide ECCV and ACWWA with a long-term, sustainable municipal water supply for their respective service areas located in Arapahoe and Douglas Counties, Colorado. Maps of ACWWA’s and ECCV’s service areas are attached as Exhibit 1 and Exhibit 2, respectively. Pursuant to the IGA, United will provide ACWWA with 4,400 acre-feet of consumptive use water that will be delivered through ECCV’s water delivery facilities for use within ACWWA’s service area. 2.2. Decreed Components of the Water Supply Project. The Water Court has previously decreed various components of the Water Supply Project for ECCV and United’s use: 2.2.1. In Case No. 02CW403, the Water Court approved a plan for augmentation (“ECCV Augmentation Plan”) for ECCV’s Upper Beebe Draw wellfield (“ECCV Well Field”), as described in paragraph 15.1 of that decree. The ECCV Augmentation Plan allowed for the addition of wells to the augmentation plan and for the use of additional sources of substitute supply to replace the out-of-priority depletions resulting from pumping the ECCV Well Field. 2.2.2. In Case Nos. 02CW404 and 03CW442, the Water Court approved the addition of six (6) wells to the ECCV Well Field, additional sources of replacement water to the ECCV Augmentation Plan approved in Case No. 02CW403, and a recharge project in the Beebe Draw (the “Beebe Draw Recharge Project”). The Water Court also approved a plan for augmentation to replace the out-of-priority depletions created by the pumping of wells located on 70 Ranch (“70 Ranch Augmentation Plan”) and a recharge project on 70 Ranch (“70 Ranch Recharge Project”). 2.2.3. In Case No. 10CW306, the Water Court approved the ACWWA Augmentation Plan, ACWWA Beebe Draw Recharge Project, ACWWA 70 Ranch Augmentation Plan, and ACWWA 70 Ranch Recharge Project; and amended the ECCV Augmentation Plans decreed in 02CW403 and 02CW404/03CW442, and the Beebe Draw Recharge Project. 2.2.4. In Case Nos. 11CW285 and 09CW283 the Water Court approved the applications of ACWWA (09CW283) and ECCV (11CW285) for the appropriative rights of exchange to assure delivery of water available to ACWWA and ECCV’s for delivery to their service areas. 2.2.5. In Case Nos. 10CW312 and 11CW280, the Water Court approved the applications for a conditional water storage right in United Reservoir No. 3 (ACWWA) and conditional water storage rights in United Reservoir No. 3, Barr Lake, and Gilcrest igations. 6.1.12. For all municipal uses, incluchange (ECCV). 2.3. The purpose of this application is to to change the use of the decreed water rights associated with shares in the Cache la Poudre Reservoir Company and the New Cache la Poudre Irrigating Company (collectively “Subject Water Rights”) that were acquired by Applicants for use as a source of substitute supply for the ECCV Augmentation Plan

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decreed in Case No. 02CW403, Beebe Draw Recharge Project, 70 Ranch Augmentation Plan, 70 Ranch Recharge Project, and the South Platte River Exchanges adjudicated in Case Nos. 02CW404 and 03CW442. In addition, the subject water rights will be used as a source of substitute supply for the exchanges decreed in Case Nos. 09CW283 and 11CW285, as a source of substitute supply for the plans for augmentation and recharge projects decreed in Case No. 10CW306, and for storage in United Reservoir No. 3, Gilcrest Reservoir, and Barr Lake. 3. Summary of the Subject Water Rights. Applicants seek a change of type and place of use for 112 total shares out of 2,500 outstanding shares of the New Cache la Poudre Irrigating Company and 36 total shares out of 3,000 outstanding shares of the Cache la Poudre Reservoir Company. 3.1. The New Cache la Poudre Irrigating Company Shares. 3.1.1. ACWWA is changing 96 shares out of a total 2,500 outstanding shares for the New Cache la Poudre Irrigating Company, as represented by Stock Certificate Nos. 4788, 4789, 4801, and 4812. 3.1.2. ECCV and United are changing 16 shares out of a total 2,500 outstanding shares for the New Cache la Poudre Irrigating Company, as represented by Stock Certificate No. 4654. United has acquired the 16 shares for ECCV’s and has contractually agreed to convey the shares to ECCV. 3.2. Cache la Poudre Reservoir Company Shares. 3.2.1. ACWWA is changing 20 shares out of a total 3,000 outstanding shares for the Cache la Poudre Reservoir Company, as represented by Stock Certificate Nos. 4034, 4045, and 4058. 3.2.2. ECCV and United are changing 16 shares out of a total 3,000 outstanding shares for the Cache la Poudre Reservoir Company, as represented by Stock Certificate No. 3929. United has acquired the 16 shares for ECCV’s and has contractually agreed to convey the shares to ECCV. 4. Decreed Water Rights for Which Change is Sought and Structures Associated with the Decreed Water Rights. 4.1. Greeley No. 2 Canal (also known as New Cache la Poudre Irrigating Company Canal, the New Cache la Poudre Canal, the Cache la Poudre Irrigation Ditch, the Cache la Poudre Irrigating Ditch). 4.1.1. Previous Decrees. Case No. 320, Water District No. 3, Larimer County District Court, State of Colorado, decreed April 11, 1882; Case No. W-8059-75, District Court, Water Division No. 1, State of Colorado, decreed June 13, 1977. 4.1.2. Decreed Point of Diversion. Located in the SW1/4 of the SE1/4 of the NE1/4 of Section 11, Township 6 North, Range 68 West of the 6th P.M., Larimer County Colorado. 4.1.3. Source. Cache la Poudre River. 4.1.4. Appropriation Dates and Amounts. Date Amount October 25, 1870 110 cfs September 15, 1871 170 cfs November 10, 1874 184 cfs September 15, 1877 121 cfs May 27, 1974 65 cfs 4.2. Cache la Poudre Reservoir (also known as the Timnath Reservoir). 4.2.1. Previous Decrees. Case No. 1591, Larimer County District Court, Water District 3, Water Division No. 1, State of Colorado, decreed December 9, 1904, revised on October 28, 1909; Case No. 2031, Larimer County District Court, Water District 3, Water Division No. 1, State of Colorado, decreed April 22, 1922; Case No. 11217, Larimer County District Court, Water District 3, Water Division No. 1, State of Colorado, decreed September 10, 1953; Case No. W-1103, District Court, Water Division No. 1, State of Colorado, decreed March 21, 1972 nunc pro tunc June 8, 1971; and Case No. 80CW415, District Court, Water Division No. 1, State of Colorado, decreed September 3, 1982. 4.2.2. Decreed Location and Points of Diversion. The Cache la Poudre Reservoir is located in portions of Sections 23, 24, 25, and 26 in Township 7 North, Range 68 West of the 6th P.M. in Larimer County, Colorado. The inlet ditch headgate for the Cache la Poudre Reservoir is located on the northeast bank of the Cache la Poudre River in the NE1/4 of Section 18, Township 7 North, Range 68 West of the 6th P.M. in Larimer County, Colorado, at a point 1,618 feet South and 35 feet East of the quarter corner between Sections 7 and 18 in Township 7 North, Range 68 West of the 6th P.M. in Larimer County, Colorado. Case No. W-1103 adjudicates points of diversion for seepage and wastewater inflow into the Cache la Poudre Reservoir from the “West Drainage,” “Middle Drainage,” and “East Drainage.” The decreed point of diversion for the West Drainage outlet is the SW1/4 of Section 24, Township 7 North, Range 68 West of the 6th P.M., at a distance of 2,030 feet North and 1,400 feet East of the SW corner of said Section 24. The decreed point of diversion for the Middle

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Drainage outlet is the SE1/4 of Section 24, Township 7 North, Range 68 West of the 6th P.M., at a distance of 1,350 feet North and 3,290 feet East of the SW corner of said Section 24. The decreed point of diversion for the East Drainage outlet is the NE1/4 of Section 25, Township 7 North, Range 68 West of the 6th P.M., at a distance of 1,340 feet South and 60 feet West of the NE corner of said Section 25. Case No. 80CW415 decrees two additional points of diversion for the Cache la Poudre Reservoir. The First Diversion is located in the NE1/4 of Section 25, Township 7 North, Range 68 West of the 6th P.M. The Second Diversion is located in the SW1/4 of Section 36, Township 7 North, Range 68 West of the 6th P.M. 4.2.3. Sources. Cache la Poudre River and its tributaries, Dry Creek, Ames Slough, Cooper Slough, and Box Elder Creek. The source of supply for the West Drainage, Middle Drainage, and East Drainage is waste, seepage, and surface runoff waters tributary to the South Platte River arising from Sections 6, 7, 8, 17, 18, 19, and 30 in Township 7 North, Range 67 West of the 6th P.M.; Sections 1, 2, 11, 12, 13, 14, and 24 in Township 7 North, Range 68 West of the 6th P.M.; and Section 36 in Township 8 North, Range 68 West of the 6th P.M., all in Larimer and Weld Counties, Colorado. The source of supply for the First Diversion is runoff from natural precipitation, seepage water, and irrigation water runoff from Sections 19 and 30 in Township 7 North, Range 67 West of the 6th P.M. and Sections 24 and 25 in Township 7 North, Range 68 West of the 6th P.M., all in Larimer and Weld Counties, Colorado. The source of supply for the Second Diversion is runoff from natural precipitation, seepage water, and irrigation water runoff from Sections 22, 23, 26, 27, and 35 in Township 7 North, Range 68 West of the 6th P.M. in Larimer County, Colorado. 4.2.4. Appropriation Dates and Amounts. Date Amount April 15, 1867 60 cfs (inlet ditch) March 17, 1892 8,379 acre feet December 1, 1902 1,740 acre feet December 31, 1923 5,948 acre feet (refill) December 31, 1923 4,171 acre feet (refill) March 17, 1892 West Drainage 110 cfs Middle Drainage 50 cfs East Drainage 90 cfs March 17, 1892 First Diversion 15 cfs July 31, 1893 Second Diversion 10 cfs Exhibit 3 and Exhibit 4 contain “Structure Summary Reports” prepared by the State concerning the Greeley Canal No. 2 and the Cache la Poudre Reservoir that contain diversion records for said structures. 5. Historical Use. The Subject Water Rights were historically used to irrigate crops on lands depicted on the map attached as Exhibit 5. 5.1. Orr-Swift Farm. Fifty-four (54) shares of the New Cache la Poudre Irrigating Company, represented by Certificate Nos. 4788 and 4789 (Certificate Nos. 4788 an 4789 also include 22 shares for the Keirnes Farm and 8 shares for the Orr-Tollgate Farm in addition to the 54 shares for the Orr-Swift Farm.) were historically used to irrigate approximately 310 acres located about 1 mile west of Lucerne, in part of the W1/2 of Section 19, Township 6 North, Range 65 West, and in part of the NE1/4 of Section 24, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. The farm cropping consisted primarily of a mix of corn, alfalfa, and wheat. The New Cache la Poudre Irrigating Company shares were carried to the Orr-Swift Farm via a lateral ditch. 5.2. Orr-Tollgate Farm. Eight (8) shares of the New Cache la Poudre Irrigating Company, represented by Certificate Nos. 4788 and 4789 and eight (8) shares of the Cache la Poudre Reservoir Company, represented by Certificate No. 4034, were historically used to irrigate approximately 63 acres located about 6 miles west-northwest of Greeley, in the W1/2 of the SW1/4 of Section 29, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. The farm cropping consisted primarily of a mix of corn, alfalfa, sugar beets, and small grains. 5.3. Podtburg-Klaus Farm. Four (4) shares of the New Cache la Poudre Irrigating Company, represented by Certificate No. 4801 and four (4) shares of the Cache la Poudre Reservoir Company, represented by Certificate No. 4045, were historically used to irrigate approximately 63 acres on the Podtburg Farm located about 6 miles northwest of Greeley, in the W1/2 of the SW1/4 and W1/2 of the SE1/4 of Section 19, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado.

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From 2005 to 2010, the shares were used for irrigation on the Klaus Farm located in the E1/2 of the SW1/4 of Section 19, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. The farm cropping consisted primarily of a mix of silage corn, alfalfa, beans, and pasture grass. 5.4. Keirnes Farm. Twenty-two (22) shares of the New Cache la Poudre Irrigating Company, represented by Certificate Nos. 4788 and 4789 (formerly Certificate No. 4555), were historically used to irrigate approximately 186 acres located 2 miles west of Lucerne, in the E1/2 of Section 23, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. The farm cropping consisted primarily of a mix of corn, alfalfa, and pasture grass. 5.5. Goding Farm. Sixteen (16) shares of the New Cache la Poudre Irrigating Company, represented by Certificate No. 4654, sixteen (16) shares of the Cache la Poudre Reservoir Company, represented by Certificate No. 3929 were historically used to irrigate approximately 135 acres located in the NE1/4 of Section 28, Township 6 North, Range 64 West of the 6th P.M. in Weld County, Colorado. The farm cropping consisted primarily of a mix of small vegetables, alfalfa, and corn. The New Cache la Poudre Irrigating Company and the Cache la Poudre Reservoir Company shares were carried to the Goding Farm via a lateral ditch. 5.6. Donaldson Farm. Eight (8) shares of the New Cache la Poudre Irrigating Company, represented by Certificate No. 4812, eight (8) shares of the Cache la Poudre Reservoir Company, represented by Certificate No. 4058 were historically used to irrigate approximately 60 acres located in W1/2 of the SW1/4 of Section 22, Township 6 North, Range 65 West of the 6th P.M. in Weld County, Colorado. The farm cropping consisted primarily of a mix of silage corn, small vegetables, sugar beets, and dry beans. The New Cache la Poudre Irrigating Company and the Cache la Poudre Reservoir Company shares were carried to the Donaldson Farm via a lateral ditch. 5.7. Diversion summaries for the New Cache la Poudre Irrigating Company and the Cache la Poudre Reservoir Company from the Colorado Decision Support System are attached as Exhibit 6 and Exhibit 7. 6. Proposed Change of Use of the Subject Water Rights. The Applicants seek to use the historical consumptive use portion of the Subject Water Rights as follows: 6.1. Change in Type of Use. 6.1.1. ECCV seeks to use the Subject Water Rights directly or as a source of substitute Supply for the ECCV Augmentation Plan decreed in Case No. 02CW403 for pumping water for delivery to ECCV’s service area from the ECCV Well Field. ECCV will follow the procedures in paragraph 19 of the decree in Case No. 02CW403 and paragraph 25.5 of the decree entered in Case Nos. 02CW404 and 03CW442 to add the Subject Water Rights as an additional source of replacement supply. 6.1.2. ECCV seeks to use the Subject Water Rights for delivery to recharge in the Beebe Draw pursuant to the terms and conditions of the decree in Case Nos. 02CW404 and 03CW442. ECCV will follow the procedures in paragraph 19 of the decree in Case No. 02CW403 and paragraph 15.4 of the decree in Case Nos. 02CW404 and 03CW442 to include the Subject Water Rights as an additional source of recharge water for delivery to the Haren Recharge Site pursuant to Case Nos. 13CW3172 and 14CW3131. 6.1.3. ECCV seeks to use the Subject Water Rights as a source of substitute supply for the appropriative right of exchange decreed in Case Nos. 02CW404 and 03CW442, and 11CW285. 6.1.4. ECCV seeks to use the Subject Water Rights for storage in Barr Lake, United Reservoir No. 3, Gilcrest Reservoir, and 70 Ranch Reservoir and as a source of substitute supply for the appropriative right of exchange decreed in Case No. 11CW280. ECCV also claims the right to use the Subject Water Rights as a source to refill its storage capacity in Barr Lake, United Reservoir No. 3, Gilcrest Reservoir, and 70 Ranch Reservoir, and as part of this claim asserts its intent to use the Subject Water Rights for all purposes associated with a refill storage right under Colorado law, including but not limited to exclusion from any paper fill or carryover obligations. 6.1.5. ECCV and United seek to use the Subject Water Rights directly or as a source of substitute supply for the 70 Ranch Augmentation Plan decreed in Case Nos. 02CW404 and 03CW442, and as decreed in the amended application in Case No. 10CW306. The Applicants will follow the procedures in paragraph 25.6.1. of the decree in Case Nos. 02CW404 and 03CW442 to add the Subject Water Rights as an additional source of replacement supply. 6.1.6. ACWWA seeks to use the Subject Water Rights directly or as a source of substitute supply pursuant to the plan for augmentation decreed in Case No. 10CW306 for delivery to ACWWA’s service area from the ECCV Well Field. 6.1.7. ACWWA seeks to use the Subject Water Rights for delivery to recharge in the Beebe Draw pursuant to the recharge projects decreed in Case No. 10CW306. 6.1.8. ACWWA seeks to use the Subject Water Rights as a source of

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substitute supply for the substitution and exchange decreed, in Case No. 09CW283. 6.1.9. ACWWA seeks to use the Subject Water Rights directly or as a source of substitute supply pursuant to the plan for augmentation decreed in Case No. 10CW306 for delivery to ACWWA’s service area from the wells included in the United No. 2 Diversion Wells and the added wells decreed in Case No. 10CW306. 6.1.10. ACWWA seeks to use the Subject Water Rights for delivery to recharge on the 70 Ranch as decreed in Case No. 10CW306 for delivery to the Haren Recharge Site pursuant to Case Nos. 13CW3171 and 14CW3130. 6.1.11. ACWWA seeks to store the Subject Water Rights in its 500 acre-foot account in United Reservoir No. 3 pursuant to the IGA. ACWWA also claims the right to use the Subject Water Rights as a source to refill its storage capacity in United Reservoir No. 3, Gilcrest Reservoir, an 70 Ranch Reservoir, and as part of this claim asserts its intent to use the Subject Water Rights for all purposes associated with a refill storage right under Colorado law, including but not limited to exclusion from any paper fill or carryover obligations. 6.1.12. For all municipal uses, including but not limited to domestic, mechanical, manufacturing, commercial, industrial, exchange, augmentation and replacement, recharge, including recharge of the Denver Basin Aquifer supply, substitute supply, adjustment and regulation of water supply, including further exchange with other water systems and with other water users, storage including a refill storage right as described in paragraphs 6.1.4 and 6.1.11 above, and for all other beneficial uses within the service areas of ACWWA and ECCV, as they now exist or may exist in the future. 6.1.13. In addition to the uses described in paragraphs 6.1.1. through 6.1.11. above, ACWWA and ECCV claim the right, once all return flow obligations have been satisfied, to use, reuse, successively use and dispose of, by sale, exchange, augmentation, or otherwise, to extinction all consumptive use water exchanged, lawfully diverted and/or impounded pursuant to the decree entered in this case. 6.2. Change in Place of Use. ECCV and ACWWA seek to use the water attributable to the Subject Water Rights on lands within ECCV’s and/or ACWWA’s present and future service area. 7. Delivery of the Subject Water Rights. Applicants will take delivery of their pro-rata share of river headgate diversions through the Greeley No. 2 Canal and return the depletive portion and surface water returns via: 1) the Greeley No. 2 Canal headgate, as adjusted; 2) a new augmentation station to be constructed on the Greeley No. 2 Canal; 3) Headgate 88 which is located at such point where the Greeley No. 2 Canal intersects with Sand Creek in the NE1/4 of Section 16, Township 6 North, Range 65 West of the 6th P.M. in Weld County, Colorado, and the Sand Creek Spillway Augmentation Station located near the center of Section 27, Township 6 North, Range 65 West of the 6th P.M. in Weld County, Colorado pursuant to an agreement with the Central Colorado Water Conservancy District (“Central”); 4) the John Law Seepage Ditch which is located in the NW1/4 of the SW1/4 of Section 14, Township 6 North, Range 67 West of the 6th P.M. in Larimer County, Colorado; 5) at Cornish Plains Reservoir which is an off-channel reservoir located within portions of Sections 5, 8, and 9, Township 6 North, Range 63 West of the 6th P.M. in Weld County, Colorado; and/or the existing augmentation stations on the Greeley No. 2 Canal, subject to the approval of the New Cache la Poudre Irrigating Company. 8. Return Flow Obligations. Applicants shall meet their winter return flow obligations for the Subject Water Rights by any of the following means: 8.1. Applicants may release water from ECCV or ACWWA’s storage account in United Reservoir No. 3, from Gilcrest Reservoir, from Barr Lake, or from 70 Ranch Reservoir. 8.2. Applicants may deliver water from recharge facilities to be constructed along the Greeley No. 2 Canal. Applicants have secured easement agreements to construct recharge ponds on the Donaldson Farm and may acquire other sites in the future. Use of any recharge facilities on the Greeley No. 2 Canal is contingent upon obtaining the approval of the New Cache la Poudre Irrigating Company and the owners of the structures and shall be made pursuant to the operating policies and procedures of the New Cache la Poudre Irrigating Company. 8.3. Applicants may deliver water from recharge facilities to be constructed along the Cache la Poudre River and/or the South Platte River. 8.4. Applicants may deliver water from recharge accretions from the Beebe Draw and 70 Ranch recharge facilities decreed in Case Nos. 02CW404 and 03CW442, and 10CW306. Applicants may also deliver water from recharge accretions from the Haren Recharge Site. 8.5. Applicants may deliver water from recharge through facilities owned and operated by the Central pursuant to an agreement between Applicants and Central. 8.6. Applicants may release water from ECCV or ACWWA’s storage account in Cornish Plains Reservoir. 8.7. Applicants may deliver water

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from other fully consumable sources owned or controlled by the Applicants or any other available sources so long as the sources are decreed for augmentation purposes by the Water Court, or approved for replacement use under a Substitute Water Supply Plan approved by the State Engineer pursuant to sections 37-92-308 or 37-92-309 of the Colorado Revised Statutes, or successor statutes, or are otherwise lawfully available for such use. 9. Appropriation of Return Flows. When the calling water right downstream of the Greeley No. 2 Canal headgate is junior to October 31, 2014 or there is no call from downstream of the Greeley No. 2 Canal headgate, ACWWA and ECCV seek the right to use, reuse, successively use, and use to extinction, for all of the purposes described in paragraph 6 above, the historical return flow portion of its irrigation season delivery of its Subject Water Rights and the winter return flow portion of its previous irrigation season delivery of its Subject Water Rights.10. Methodology. Consumptive use credit allowed for the Subject Water Rights will be calculated as the amount delivered at the approved headgate on the Greeley Canal No. 2 minus the return flow obligations. Applicants will quantify and maintain the historical return flows from river headgate diversions based upon the historical use of the shares. 11. Plan for Augmentation. 11.1. Purpose of the Plan for Augmentation. Through this augmentation plan, ACWWA and ECCV will provide adequate sources of replacement water to maintain the historical return flows associated with the Subject Water Rights. 11.2. Replacement Sources. ACWWA and ECCV will use water derived from the sources described in paragraph 8 above to replace the historical return flow obligations associated with the Subject Water Rights in time, location, and amount in order to prevent injury to any owner of or persons entitled to use water under a vested water right or a decreed conditional water right. 11.2.1. Future Acquired Sources. Applicants intend to acquire and/or lease additional water supplies in the future for use as a source of replacement in the plan for augmentation described in the application. Those supplies may be acquired and/or leased to replace or supplement water from the sources identified in paragraph 8 above. Applicants will add future acquired sources to the plan for augmentation claimed in this application pursuant to section 37-92-305(8)(c) of the Colorado Revised Statutes. 12. Integrated System. The Subject Water Rights will be used pursuant to, and in accordance with the applicable terms and conditions of the plans for augmentation, exchanges, and recharge projects decreed in Case Nos. 02CW403, 02CW404 and 03CW442, 10CW306, 09CW283, 11CW285, 11CW280, and 10CW312. Augmentation use of the Subject Water Rights shall be made only under and in compliance with the terms and conditions of any applicable decree or Substitute Water Supply Plan approved by the State Engineer pursuant to sections 37-92-308 or 37-92-309 of the Colorado Revised Statutes, or successor statutes. 13. Bylaw Approval. The Subject Water Rights will not be used as a replacement supply in any plan for augmentation, decreed exchange, or recharge project until the Applicants complete the New Cache la Poudre Irrigating Company and Cache la Poudre Reservoir Company’s legally applicable requirements and procedures regarding approval of a change of water rights. This paragraph shall not prevent the Applicants from using the shares as a part of a Substitute Water Supply Plan approved by the State Engineer pursuant to section 37-92-308 or 37-92-309 of the Colorado Revised Statutes, or successor statutes, provided such Substitute Water Supply Plan complies with the New Cache la Poudre Irrigating Company and Cache la Poudre Reservoir Company’s legally applicable requirements and procedures regarding approval of such plans. 14. General Location Map. A map, generally showing the relationship of the area encompassed by the claims in this application is attached as Exhibit 8. 15. Name(s) and address(es) of owner(s) of land on which structure is or will be located, and upon which water is or will be stored. The Greeley Canal No. 2 and the Cache la Poudre Reservoir are owned by the New Cache la Poudre Irrigating Company and the Cache la Poudre Reservoir Company, whose address is 33040 Railroad Avenue, Lucerne, Colorado 80646, Attn: Mike Hungenberg. WHEREFORE, Applicants respectfully request that the Court enter a decree granting the change of water rights and for such other relief, which it deems proper. (15 Pages and 8 Exhibits) 13CW3125 DBS, LLC, 4501 S. Santa Fe Drive, Englewood, CO 80110 (Petrock & Fendel, P.C., Kara N. Godbehere, Atty. Reg. #36742, 700 Seventeenth Street, Suite 1800, Denver, Colorado 80202). AMENDED APPLICATION FOR APPROVAL OF CONDITIONAL WATER RIGHTS AND PLAN

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FOR AUGMENTATION, IN ARAPAHOE COUNTY. The original application was filed in October, 2013, and requested conditional water rights associated with 3 wells to be located on Applicant’s7.021 acres of land located in the NW1/4NE1/4 of Section 29, T5S, R68W of the 6th P.M. By this amended application Applicant requests an additional well location described as DBS Well No. 4: Located in the NW1/4NE1/4 of Section 29, T5S, R68W of the 6th P.M., Arapahoe County, Colorado, at a point 837 feet from the north and 2100 feet from the east section lines of said Section 29, as shown on Attachment A hereto. Applicant also requests the right to construct and use the four wells and/or additional wells to be located at any location on Applicant’s land described above, as shown on Attachment A (Subject Property), without having to amend or republish this application. No other changes are made to the application. Further, Applicant prays that this Court grant the amended application and for such other relief as seems proper in the premises. (5 pages). THE WATER RIGHTS CLAIMED BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE OR BE FOREVER BARRED.

YOU ARE HEREBY NOTIFIED that any party who wishes to oppose an application, or an amended application, may file with the Water Clerk, P. O. Box 2038, Greeley, CO 80632, a verified Statement of Opposition, setting forth facts as to why the application should not be granted, or why it should be granted only in part or on certain conditions. Such Statement of Opposition must be filed by the last day of JANUARY 2015 (forms available on www.courts.state.co.us or in the Clerk’s office), and must be filed as an Original and include $158.00 filing fee. A copy of each Statement of Opposition must also be served upon the Applicant or Applicant’s Attorney and an affidavit or certificate of such service of mailing shall be filed with the Water Clerk.