district court, water division 1, colorado march 2014 ... · march 2014 water resume publication...

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DISTRICT COURT, WATER DIVISION 1, COLORADO MARCH 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 MARCH 2014 for each County affected. 14CW7 DAVID J. LIDKE, 1011 Pierce St., #16, Lakewood, CO 80214. 303-445-0092. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 11-13-01 in case 96CW419, WD1. Date of Subsequent decree: 03-25-08 in case 07CW252, WD1. Lidke Well located SE1/4, NW1/4, S21, T9S, R75W of the 6 th PM at a distance 2500 ft. from N. and 1600 ft. from W., Indian Mountain Subdivision. Source: Groundwater. Appropriation date: 05-31-73. Amount: 15 gpm, Conditional. Use: In house, single family dwelling. 14CW8 BRADFORD D. SHAW, 3895 W. Union Ave., Denver, CO 80236. 303-794-3849. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 11-16-01 in case 96CW391, WD1. Shaw Well located NE1/4, SE1/4, S34, T9S, R75W of the 6 th PM at a distance 1900 ft. from S. and 195 ft. from E., Indian Mountain Subdivision. Source: Groundwater. Appropriation date: 05-31-73. Amount: .033 cfs. Use: Household use only. 14CW9 LORETTA A. CRAWFORD AND KELLI L. DUFFY, 15703 Cayenne Circle, Morrison, CO 80465. 303-514-8237. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 12-04-01 in case 96CW1086 in WD1; Date of subsequent decree: 02-29-08 in case 07CW276 in WD1. Crawford Well located NE1/4, SW1/4, S23, T9S, R75W of the 6 th PM at a point of approximately 2200 ft. from W and 2200 ft. from S, Indian Mountain Subdivision. Source: Groundwater. Appropriation date: 05-31-73. Amount: 15 gpm, Conditional. Use: Household use only inside a single family dwelling not including irrigation. 14CW10 JERRY D. AND D. JEAN HANES, 42180 London Drive, Parker, CO 80138. 303-895- 0660. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 10-16-01 in case 96CW380, WD1. Date of subsequent decree: 03-19-08 in case 07CW211, WD1. Hanes Well located NW1/4, NW1/4, S14, T9S, R75W of the 6 th PM at a point approximately 100 ft. from N and 330 ft. from W, Indian Mountain Subdivision. Source: Groundwater. Appropriation date: 05-31-73. Amount: 15 gpm. Use: Household use only in a single family dwelling, not including irrigation. 14CW11 GREGORY L. LUCAS, 7680 Crestmont Ave., Newark, CA 94560. 510-825-8165. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 11-08-01 in case 96CW988 in WD1. Lucas Well located NW1/4, NW1/4, S2, T10S, R75W of the 6 th PM at a distance 150 ft. from N. and 650 ft. from W, Indian Mountain Subdivision. Source: Groundwater. Appropriation date: 05-31-73. Amount: 15 gpm. Use: Household use only in a single family dwelling not including irrigation. 14CW12 TED B. MELOTT, 162 Sara Lane, Livermore, CO 80536. 970-530-0148. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN LARIMER COUNTY. Date of original decree: 03-06-08 in case 07CW46 in WD1. Melott Spring #1 and Spring #2 both located SE1/4, SW1/4, S21, T9N, R71W of the 6 th PM. Appropriation date: 03-22-07. Amount: 75 gpm, Conditional. Use: Irrigation of 20 acres. 14CW13 NORLAN AND NIKI STEVENSON, 51984 CR 19, Nunn, CO 80648. 970-897-2213. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN WELD COUNTY. Date of original decree: 03-25-08 in case 07CW179 WD 1. Stevenson Well 263308 located NW1/4 NW1/4, S15,

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Page 1: DISTRICT COURT, WATER DIVISION 1, COLORADO MARCH 2014 ... · MARCH 2014 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S

DISTRICT COURT, WATER DIVISION 1, COLORADO MARCH 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 MARCH 2014 for each County affected. 14CW7 DAVID J. LIDKE, 1011 Pierce St., #16, Lakewood, CO 80214. 303-445-0092. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 11-13-01 in case 96CW419, WD1. Date of Subsequent decree: 03-25-08 in case 07CW252, WD1. Lidke Well located SE1/4, NW1/4, S21, T9S, R75W of the 6th PM at a distance 2500 ft. from N. and 1600 ft. from W., Indian Mountain Subdivision. Source: Groundwater. Appropriation date: 05-31-73. Amount: 15 gpm, Conditional. Use: In house, single family dwelling.

14CW8 BRADFORD D. SHAW, 3895 W. Union Ave., Denver, CO 80236. 303-794-3849. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 11-16-01 in case 96CW391, WD1. Shaw Well located NE1/4, SE1/4, S34, T9S, R75W of the 6th PM at a distance 1900 ft. from S. and 195 ft. from E., Indian Mountain Subdivision. Source: Groundwater. Appropriation date: 05-31-73. Amount: .033 cfs. Use: Household use only.

14CW9 LORETTA A. CRAWFORD AND KELLI L. DUFFY, 15703 Cayenne Circle, Morrison, CO 80465. 303-514-8237. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 12-04-01 in case 96CW1086 in WD1; Date of subsequent decree: 02-29-08 in case 07CW276 in WD1. Crawford Well located NE1/4, SW1/4, S23, T9S, R75W of the 6th PM at a point of approximately 2200 ft. from W and 2200 ft. from S, Indian Mountain Subdivision. Source: Groundwater. Appropriation date: 05-31-73. Amount: 15 gpm, Conditional. Use: Household use only inside a single family dwelling not including irrigation.

14CW10 JERRY D. AND D. JEAN HANES, 42180 London Drive, Parker, CO 80138. 303-895-0660. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 10-16-01 in case 96CW380, WD1. Date of subsequent decree: 03-19-08 in case 07CW211, WD1. Hanes Well located NW1/4, NW1/4, S14, T9S, R75W of the 6th PM at a point approximately 100 ft. from N and 330 ft. from W, Indian Mountain Subdivision. Source: Groundwater. Appropriation date: 05-31-73. Amount: 15 gpm. Use: Household use only in a single family dwelling, not including irrigation.

14CW11 GREGORY L. LUCAS, 7680 Crestmont Ave., Newark, CA 94560. 510-825-8165. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN PARK COUNTY. Date of original decree: 11-08-01 in case 96CW988 in WD1. Lucas Well located NW1/4, NW1/4, S2, T10S, R75W of the 6th PM at a distance 150 ft. from N. and 650 ft. from W, Indian Mountain Subdivision. Source: Groundwater. Appropriation date: 05-31-73. Amount: 15 gpm. Use: Household use only in a single family dwelling not including irrigation.

14CW12 TED B. MELOTT, 162 Sara Lane, Livermore, CO 80536. 970-530-0148. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN LARIMER COUNTY. Date of original decree: 03-06-08 in case 07CW46 in WD1. Melott Spring #1 and Spring #2 both located SE1/4, SW1/4, S21, T9N, R71W of the 6th PM. Appropriation date: 03-22-07. Amount: 75 gpm, Conditional. Use: Irrigation of 20 acres.

14CW13 NORLAN AND NIKI STEVENSON, 51984 CR 19, Nunn, CO 80648. 970-897-2213. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN WELD COUNTY. Date of original decree: 03-25-08 in case 07CW179 WD 1. Stevenson Well 263308 located NW1/4 NW1/4, S15,

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T9N, R67W of the 6th PM at a point approximately 300 ft. from N and 165 ft. from W. Source: Groundwater. Appropriation date: 05-05-05. Amount: 9 gpm, Conditional. Depth: 720 ft. Use: Domestic in two additional single family dwellings.

14CW3031 The Well Augmentation Subdistrict of the Central Colorado Water Conservancy District (WAS), 3209 West 28th Street, Greeley, Colorado 80634 c/o Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO, 80534 (970)622-8181. Application to Delete Member Wells from and Add Wells to the WAS Augmentation Plan in WELD, ADAMS AND MORGAN COUNTIES. 2. Augmentation Plan Deletions. Applicant operates an augmentation plan decreed in Case No. 03CW99 (the Plan). ¶11.1.3 of the decree in Case No. 03CW99 (Decree) allows the deletion of Member Wells from the Plan subject to notice and terms and conditions. The Contracts of 8 Member Wells, hereinafter the “Wells,” shown on Table 1 have been terminated by action of the WAS Board of Directors. Applicant now seeks approval of the Court to delete the Wells from the Plan. Table 1 provides for each Well the 1) Contract No.; 2) WDID; 3) WAS Reach; 4) Owner; 5) future depletions from past pumping in 2003, 2004 and 2005 and pumping authorized in 2013. No pumping was authorized for the 8 wells for the years 2006 through 2012 and no groundwater was diverted.

Table 1-WAS Wells to be Deleted

Contract No. [1] WDID Reach Owner [1]

Future Depletions from Authorized

Pumping (ac-ft) [2] Current Prior 103 -- 0109095 B Zabka Farms, Inc. 67.97 830 49 0108312 E Foos, Raymond H. & Roline M. 16.04 847 29 0207382 C Mosier, Russell L. & Kathryn E. 49.3 888 174 0205087[3] C W.C.L. Partnership 0.4

890 212 0108687 E Church of Jesus Christ of Latter Day Saints 0

891 213 0108683 E Church of Jesus Christ of Latter Day Saints 0

901 88 0206612 F Horiuchi, Eigoro et al 0 929 199 0207357 C Baier, John H. & Vicki L. 0

Total 133.31 [1] Refers to the Contract Number when the Decree was entered. [2] Represents the depletion amount that will continue to be replaced by WAS from March of 2014 forward. [3] WDID 0205087 to be replaced by WDID 0208531 as described in Section 1.2. The contract allocation will not change. 3.Proposed Terms and Conditions for Deletions. ¶11.1.3 of the Decree requires that “WAS shall continue to replace all out-of-priority depletions caused by predeletion pumping of the well that occurred while the well was covered under the WAS plan or associated substitute supply plan.” White Sands Water Engineers Inc., (WSWE) has computed the total amount of the future depletions from past pumping in 2003, 2004 and 2005 and 2013 for each Well as shown in Table 1. WSWE has also computed the replacement obligation by Reach and by Well on an annual and monthly basis for all future years in which there is post-pumping depletion which results are attached hereto as Exhibit 1, the WSWE Report dated March 6, 2014. Applicant proposes to replace all the depletions in Exhibit 1, Attachment 3 at any time such depletions are out of priority. Applicant requests the Court approve Attachment 2 which is Revised Exhibit 1 to the Decree and which reflects the proposed deletions and additions requested in this application. 4. Augmentation Plan Additions. ¶11.1.2 of the Decree in Case No. 03CW99 allows the addition of Member Wells to the Plan subject to notice and terms and conditions. 5. Structures to be Added and Augmented. 5.1. Decreed Name of Structure to be Added and Augmented. Bernhardt Dairy Well, Permit 42519-F, WDID 0205536 (BD Well). 5.1.1. Name and Address of Well Owners. Reuben, Hester, David and Timothy Bernhardt,

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12281 Hwy 60, Milliken, Colorado 80534 a/k/a Bernhardt Farms, LLC. 5.1.2. Decree W-905. A decree was entered in Water Court, Water Division No. 1, Case No. W-905 on May 18, 1972 adjudicating Well No. 5-85 at a point 2240 feet West and 2610 feet South of the NE corner of Section 24, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, in the amount of 2.22 c.f.s with an appropriation date of January 9, 1956 for irrigation of land in Section 18, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. Exhibit 2. In 1989, a replacement well permit was issued (Permit No. 85-RF, WDID 0205392, “replacement well” Exhibit 3) for a location approximately 200 feet North (2410 feet from the North section line and 2240 feet from the East section line of said Section 24) of the original well. As the distance between the replacement well and the original well was 200 feet, no change of use for the water right was required. Further, the replacement well permit approval waived the requirement to abandon the original well and approved the use of the original well as a supplemental well to the replacement well. In 1994, a supplemental well permit was issued under the aforementioned water right (Permit No. 42519-F, WDID 0205536, “supplemental well permit” Exhibit 4). The supplemental well permit allows for the combined withdrawal of alluvial groundwater by the original well, located in the originally decreed and permitted location, and the replacement well of 1,000 gallons per minute. The supplemental well permit requires the supplemental well be operated as “junior to all vested water rights until such time as the change in water right has been approved by the Division Water Court.” An application will be filed by Bernhardt in the Water Court to decree the permit change. 5.1.3. WAS Contract 870. The original well, Permit 85-RF is covered by GMS Contract 870 dated October 17, 2006, Exhibit 5, but the supplemental well Permit No. 42519-F has not been added to the Contract. The purpose of the application is to allow the supplemental well to be added to Contract 870. 5.2. Decreed Name of Structure to be Added and Augmented. Weld County Lumber Co. Well No. 1-11995, Permit 11995R-R, WDID 0208531 (WCL Well). 5.2.1. Name and Address of Well Owners. W.C.L. Partnership, Harry Strohauer, 19595 WCR 50, LaSalle, Colorado 80645. 5.2.2. Decree W-4838. A decree was entered in Water Court, Water Division No. 1, Case No. W-4838 on April 10, 1975 adjudicating Weld County Lumber Co. Well No. 1-11995 in the SE1/4 SE1/4 Section 5, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado at a point 0 feet North and 400 feet West of the SE corner of Section 5, in the amount of 2.22 c.f.s with an appropriation date of June 30, 1937 for irrigation of 39 acres in in the SE1/4 SE1/4 Section 5, Township 4 North, Range 65 West of the 6th P.M. Exhibit 6. Permit R-11995-RF is attached as Exhibit 7. 5.2.3. WAS Contract 888. WCL Well will be covered by WAS Contract 888, Exhibit 8. WCL Partnership Well, WDID 0205087 will be deleted from existing Contract 888 as proposed in Table 1, above. The Contract allocation of quota will not change. 6. Proposed Terms and Conditions. 6.1. The terms and conditions for the BD Well and WCL Well will be the same as for the other Covered Wells in the Decree. The consumptive use factors will be 60% for flood irrigated acres and 80% for sprinkler irrigated acres. The method for determining future Well depletions will be those set out in the Decree at ¶¶16-19. The wells will be subject to all the terms and conditions for operation as for other Covered Wells in the Decree. 6.2. Net Stream Depletions. Depletions resulting from the consumptive use of groundwater and accretions resulting from deep percolation of groundwater applied for irrigation will be lagged back to the South Platte River using the Glover alluvial aquifer method and the following parameters. 6.2.1. BD Well. Transmissivity (gallons/day/foot) T = 60,169. Specific Yield = 0.2. Total Distance of Alluvial Aquifer Boundary from River W = 3,752 feet. Distance of Well from River X = 1,252 feet. 6.2.2. WCL Well. Transmissivity (gallons/day/foot) T = 173,422. Specific Yield = 0.2. Total Distance of Alluvial Aquifer Boundary from River W = 16,926 feet. Distance of Well from River X = 11,683 feet. 6.3. Out of priority depletions from pumping of the added wells shall be augmented by WAS. 7. Correction of Clerical Error to Revised Exhibit 1 to the Decree. Revised Exhibit 1 approved by the Order entered in Case No. 13CW3038 contains a clerical error Applicant seeks to correct. The report filed in 13CW3038 shows that Well WDID 0207104 depletions impact Reach F, not Reach C. Revised Exhibit 1 filed in 13CW3038 did not reflect this change. Applicant requests the Court approve a further revision to revised Exhibit 1 to the Decree that makes this correction. This correction shown in Attachment 1, to Exhibit 1, the WSWE report. 8. Distribution of Future Well Depletions. The Decree requires WAS to distribute well depletions between river reaches. ¶22.2 of the Decree states: “In

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the event of the addition or deletion of a well under this plan pursuant to ¶¶11.1.2 and 11.1.3, the Court shall approve and order such adjustments to the percentages set forth in ¶¶22.2.1, 22.2.2, and 22.2.4 as necessary to ensure that depletions continue to be replaced at locations necessary to prevent injury.” The distribution of well depletions was amended by the decree entered in Case No. 11CW106. The addition and deletion of wells in this application as well as the deletion of wells by the decree entered in Case No. 13CW3038 requires adjustment to the percentages used to distribute stream depletions in Reaches F, A, and C as follows and as described in detail in the WSWE report, Exhibit 1. ¶¶22.2.1, 22.2.2, and 22.2.4 of the Decree should be revised as follows. 8.1. “Reach F: Nine percent of the stream depletions from Covered Wells and Augmentation Wells located in Reach F shall be considered to occur immediately above the headgate of the Platteville Irrigating and Milling Ditch located in the NE1/4 NE1/4 SE1/4, Section 31, Township 2 North, Range 66 West of the 6th P.M., Weld County Colorado. The remaining ninety-one percent of the stream depletions from Covered Wells and Augmentation Wells located in Reach F shall be considered to occur immediately above the headgate of the Western Mutual Ditch located in the SE1/4 SW1/4 of Section 11, Township 3 North, Range 67 West of the 6th P.M.” The respective percentages approved in Case No. 11CW106 were 10% and 90%. 8.2. “Reach C: Fifty percent of the stream depletions from Covered Wells and Augmentation Wells located within Reach C shall be considered to occur immediately above the headgate of the Union Ditch located in the SW1/4 NE1/4 of Section 18, Township 4 North, Range 66 West of the 6th P.M. The remaining fifty percent of the stream depletions from Covered Wells and Augmentation Wells located within Reach C shall be considered to occur immediately above the headgate of the Lower Latham Ditch located in the NW1/4 NE1/4 of Section 31, Township 5 North, Range 65 West of the 6th P.M.” The respective percentages approved in Case No. 11CW106 were 48% and 52%. 8.3. “Reach A: Forty-three percent of the stream depletions from Covered Wells located in Reach A shall be considered to occur immediately above the headgate of the Fort Morgan Canal located in the NE1/4 SE1/4 of Section 31, Township 5 North, Range 59 West of the 6th P.M., Morgan County, Colorado. The remaining fifty-seven percent of the stream depletions from Covered Wells located in Reach A shall be considered to occur immediately above the Upper Platte and Beaver Canal headgate, located in the NE1/4 NE1/4 of Section 35, Township 4 North, Range 58 West of the 6th P.M, Morgan County, Colorado.” The respective percentages approved in Case No. 11CW106 were 40% and 60%. 14CW3032, Dean, Loretta, Sharon and Ty Barrett, 36600 County Road 13, Elizabeth, CO 80107 (James Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR PLAN FOR AUGMENTATION, ELBERT COUNTY. Groundwater to be augmented: 18.7 acre-feet per year of not nontributary Upper Dawson aquifer groundwater as decreed in Case No. 05CW133, District Court, Water Division 1, underlying 80.2 acres of land located in part of the NW1/4 of Section 31, T7S, R64W and the NE1/4 of Section 36, T7S, R65W of the 6th P.M., Elbert County, as shown on Attachment A hereto (Subject Property). Applicants are the owners of the groundwater decreed in Case No. 05CW133 and the Subject Property. Water rights to be used for augmentation: Return flows from the use of not nontributary Upper Dawson aquifer water and return flows and direct discharge of nontributary groundwater underlying the Subject Property as also decreed in Case No. 05CW133. Applicants are the owners of 30.7 acre-feet, 32 acre-feet, and 22.9 acre-feet per year of nontributary Denver, Arapahoe, and Laramie-Fox Hills aquifer groundwater, respectively. Statement of plan for augmentation: The Upper Dawson aquifer groundwater will be used for use in up to two single family residences (0.7 acre-feet), irrigation of lawn, garden, trees, hay and pasture (16.6 acre-feet), stock watering of up to 32 large domestic animals (0.4 acre-feet) and storage (1 acre-foot). Applicants reserve the right to revise these amounts and uses without having to amend or republish this application. Sewage treatment for in house use will be provided by a non-evaporative septic systems. Return flows associated with in house use will be approximately 90% of water used for that purpose and return flow associated with irrigation use will be approximately 15% of water used for that purpose. During pumping Applicants will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c.5), C.R.S. The majority of depletion occurs to the Running Creek stream system. Return flows from use of the subject water rights

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from in house and irrigation use will accrue to the South Platte River system via Running Creek and those return flows will be sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an equal amount of nontributary groundwater as decreed in Case No. 05CW133 to meet post-pumping augmentation requirements. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (4 pages). 14CW3033 City of Arvada, 8101 Ralston Road, Arvada, CO 80002 (Steven P. Jeffers, Madoline Wallace-Gross, Lyons Gaddis Kahn Hall Jeffers Dworak & Grant, PC, P.O. Box 978, Longmont, CO 80502-0978, (303) 776-9900). APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN JEFFERSON COUNTY. 2. Name of structures: Arvada Reservoir/Tucker Lake Exchange. 3. Description of conditional water right: A. Date of original decree, Case No. and Court: The original decree was entered on March 21, 1995, in Case No. 93CW162, by the District Court for Water Division No. 1. B. Subsequent diligence decrees: A finding of reasonable diligence was entered in Case No. 01CW30 on September 14, 2001. A finding of reasonable diligence was entered in Case No. 07CW214 on March 12, 2008. C. Decreed Location: i. Point of diversion (exchange-to point): ii. Haines & Piquette Ditch on Ralston Creek, for delivery to Tucker Lake. The point of diversion of the Haines & Piquette Ditch is located on the north bank of Ralston Creek in the SE1/4 of the SW1/4 of Section 33, Township 2 South, Range 70 West, 6th P.M., Jefferson County, Colorado. Tucker Lake is located in the S1/2 of the SW1/4, Section 35, Township 2 South, Range 70 West, 6th P.M., and in the N1/2 of the NW1/4 of Section 2, Township 3 South, Range 70 West of the 6th P.M., Jefferson County, Colorado. ii. Point of introduction of substitute supply (exchange-from point): Arvada Reservoir outlet on Ralston Creek. Arvada Reservoir is located in Section 3, Township 3 South, Range 70 West of the 6th P.M. and the SE1/4 of Section 34, Township 2 South, Range 70 West of the 6th P.M., Jefferson County, Colorado. The centerline of the dam is described as follows: commencing at the northeast corner of Section 3, Township 3 South, Range 70 West of the 6th P.M., Jefferson County; thence at an angle to the right of 17°34’59” from the east line of said Section 3, a distance of 200.75 feet to the true point of beginning; thence at a deflection angle to the right of 4°52’48” a distance of 1,683.374 feet to a point of curvature; thence along a curve to the right, having a radius of 2,585.813 feet and a delta of 26°7’37” a distance of 1,179.134 feet to point of tangency; thence along the tangent of the before described curve a distance of 819.242 feet to the point of ending. The Arvada Reservoir outlet is located on Ralston Creek approximately 1980 feet south and 575 feet west of the northeast corner of Section 3, Township 3 South, Range 70 West of the 6th P.M. D. Decreed Source: i. The source of water diverted by substitution and exchange: Ralston Creek. ii. Water used for substitution and exchange supply: Water stored in Arvada Reservoir pursuant to the decrees in the following Case Nos.: W-8083-75, entered on January 30, 1981; W-8762-77 entered on January 30, 1981; 82CW359 entered on December 31, 1987; 85CW409 entered on December 31, 1987; 85CW410 entered on September 13, 1988 and 88CW105 entered on February 13, 1991; all by the District Court for Water Division No. 1. E. Decreed Appropriation Date: August 24, 1993. F. Decreed Amount: 9.26 cfs. ABSOLUTE; 5.74 cfs. CONDITIONAL. Only the conditional amount is involved in this diligence proceeding. G. Decreed Uses: All municipal purposes, including but not limited to domestic, irrigation, commercial, industrial, recreational, fish and wildlife propagation and augmentation. H. Map: A map showing the location of the relevant structures is attached as EXHIBIT A. 4. Detailed outline of what has been done toward completion or for completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: The subject conditional water right is part of an integrated water system for the City of Arvada. Arvada has, during the subject diligence period, conducted the following work at a cost in excess of $1,179,545: A. Constructed a new diversion facility on the Farmers High Line Canal in 2010 at a cost of $160,000. B. Replaced Croke Canal pump station gate structures in 2012 at a cost of $130,000. C. Conducted riprap improvements at Arvada Reservoir in 2013 at a cost of $48,000. D. Adjudicated water court cases including Case No. 05CW112 for change of water rights, exchanges and a plan for augmentation including these structures; 07CW214 for diligence on the Arvada Reservoir/Tucker Lake Exchanges; 10CW39 for diligence on the Blunn Lake Reservoir Seepage Control System; 10CW291 for diligence on

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Arvada Reservoir; 11CW202 for diligence on Highway 93 Lakes; 11CW237 for change of water rights, exchanges and a plan for augmentation including these structures; 12CW251 for diligence on the Arvada Reservoir Refill; and 12CW293 for diligence on other Arvada exchanges involving these structures. E. Opposed numerous water court cases filed by other water users to protect from injury Applicant’s water rights, including the subject conditional water rights, and incurred legal and engineering expenses in defense of these water rights. F. Paid legal and engineering expenses associated with the development and protection of Arvada’s water rights totaling approximately $822,000. G. Conducted work on headgate and ditch to repair damage caused by September 2013 floods at a cost of $19,545. 5. If a claim to make absolute, date water applied to beneficial use: No additional amounts are claimed absolute in this application. 6. Names and addresses of owners of land upon which water is or will be stored: Arvada does not propose to construct any new structures or to modify any existing structures or modify the storage pool. Water will be stored by this exchange in Tucker Lake. Tucker Lake is owned by Denver-View Reservoir and Irrigation Company, P.O. Box 8101, Arvada, CO 80001-8101. 14CW3034 Bernhardt Farms, LLC, 12281 State Highway 60, Milliken, Colorado 80543 c/o Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO, 80534, (970)622-8181). APPLICATION FOR SUPPLEMENTAL POINT OF DIVERSION IN WELD COUNTY. 2. Name of Structure. Bernhardt Farms Well, Permit 42519-F, WDID 0205536 (BF Well). 3. Previous Decree. Decree W-905. A decree was entered in Water Court, Water Division No. 1, Case No. W-905 on May 18, 1972 adjudicating Well No. 5-85 at a point 2240 feet West and 2610 feet South of the NE corner of Section 24, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, in the amount of 2.22 c.f.s with an appropriation date of January 9, 1956 for irrigation of land in Section 18, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. Exhibit 1. In 1989, a replacement well permit was issued (Permit No. 85-RF, WDID 0205392, “replacement well” Exhibit 2) for a location approximately 200 feet North (2410 feet from the North section line and 2240 feet from the East section line of said Section 24) of the original well. As the distance between the replacement well and the original well was 200 feet, no change of use for the water right was required. Since the new replacement well did not provide the decreed flow rate, the permit was modified to waive the requirement to abandon the original well and approved the use of the original well as supplemental to the replacement well. In 1994, a supplemental well permit was issued under the aforementioned water right (Permit No. 42519-F, WDID 0205536, “supplemental well permit” Exhibit 3). The supplemental well permit allows for the combined withdrawal of alluvial groundwater by the original well, located in the originally decreed and permitted location, and the replacement well of 1,000 gallons per minute. The supplemental well permit requires the supplemental well be operated as “junior to all vested water rights until such time as the change in water right has been approved by the Division Water Court.” 4. Historic Use. Applicant has used the BF Well, in combination with Well No. 85-RF, subject to authorized quota from the Well Augmentation Subdistrict of the Central Colorado Water Conservancy District (WAS) for the irrigation of land in the E1/2 Section 13 and the NE1/4 Section 24, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado along with 4.5 shares of the Consolidated Hillsborough Ditch Company, 4.5 shares of the Hillsborough Extension Company and 18 shares of the Extension Irrigation Company. 5. Augmentation. Well No. 5-85 is augmented by WAS pursuant to Contract No. 870. WAS approved a Petition to add the BF Well to Contract 870 on March 18, 2014, Exhibit 4. An application to add the BF Well to the WAS augmentation plan decreed in Case No. 03CW99 has been filed and is pending in the Water Court, Water Division No. 1 in Case No. 14CW3031, Exhibit 5. 6. Claim. The purpose of this application is to adjudicate the BF Well as a supplemental point of diversion to Well No. 5-85 in the amount of 2.22 c.f.s combined for both wells, with an appropriation date of January 9, 1956 for irrigation of land in the E1/2 Section 13 and the NE1/4 Section 24, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. 7. Name and Address of Owners of Structures. Applicant.

14CW3035 The Groundwater Management Subdistrict of the Central Colorado Water Conservancy District (District), 3209 West 28th Street, Greeley, Colorado 80634. C/O Lawrence

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Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd., Suite 1, Johnstown, CO, 80534, (970)622-8181. APPLICATION TO ADD WELL TO AUGMENTATION PLAN IN WELD COUNTY. 2. Augmentation Plan. Applicant operates an augmentation plan decreed in Case No. 02CW335. ¶14.5 of the decree in Case No. 02CW335 (Decree) allows the addition of wells to the plan subject to notice and terms and conditions. 3. Structure to be Added and Augmented. 3.1. Decreed Name of Structure to be Added and Augmented. Well No. NFC-W4, Permit No. 44033-F (WDID 0109964). 3.2. Name and Address of Well Owner. 70 Ranch LLC, Robert Lembke, 8301 E. Prentice Ave., Suite 100, Greenwood Village, Colorado 80111 (70 Ranch). 3.3. Decree. A decree was entered in Water Court, Water Division No. 1, Case No. 88CW264(B) on August 20, 1996, adjudicating Well No. NFC-W4 in the NE1/4 NE1/4 Section 7, Township 4 North, Range 62 West of the 6th P.M., Weld County, Colorado at a point 1293 feet from the north section line and 468 feet from the east section line of Section 7, in the amount of 2500 gpm (5.57 c.f.s) absolute with an appropriation date of June 22, 1992 The uses for the Well are domestic, stock watering, agricultural production and processing, irrigation, industrial and fire protection. 3.4. Augmentation. The Well is included and may divert groundwater pursuant to two plans for augmentation decreed in Case No. 88CW264(B) and Case No. 02CW404/03CW442. The diversion of groundwater under 88CW264(B) and/or 02CW404/03CW442 is separate and independent from any diversions or augmentation proposed in this application for the Well pursuant to the Decree. GMS will not replace any depletions from the Well when pumped under the 88CW264(B) or 02CW404/03CW442 plans. 3.5. GMS Contract. The Well is covered by GMS Contract 1090 approved January 21, 2014 which allows 315.77 acre feet of depletion per year at 100% quota for the irrigation of no more than 640 acres. Exhibit 1. 70 Ranch filed a Petition to Transfer Water Allotment Contracts with GMS pursuant to GMS Policy Regarding the Exchange and Transfer of Water Allotment Contracts adopted March 20, 2012. The transfers are from GMS Contracts 671, 805, 995, 996, 997, 998 which allow 315.77 acre feet of depletion per year at 100% quota. Exhibit 2. As a result of the transfers GMS Contracts 671, 805, 995, 996, 997, 998 have been terminated and the wells are in process of being deleted from the Decree by a Motion to be filed with the Court and served on all parties in Case No. 02CW335. 4. Proposed Terms and Conditions. 4.1. The terms and conditions for the Well will be the same as for the other Member Wells in the Decree. The consumptive use factors will be 60% for flood irrigated acres and 80% for sprinkler irrigated acres. The method for determining future Well depletions will be those set out in the Decree at ¶17.3.3.2. The Well will be subject to all the terms and conditions for operation as for other Member Wells in the Decree. 4.2. Net Stream Depletions. Depletions resulting from the consumptive use of groundwater and accretions resulting from deep percolation of groundwater applied for irrigation will be lagged back to the South Platte River using the Glover alluvial aquifer method and the following parameters for the Well: Transmissivity (gallons/day/foot) T =162,478 gallons per day per foot; Specific Yield = 0.2%; Total Distance of Alluvial Aquifer Boundary from River W = 8,909 feet; Distance of Well from River X = 6,221 feet. 4.3. Out of priority depletions from pumping of the Well will be augmented by GMS. Due to the transfer of allotment the Well’s depletion will be no greater than those allowed under the deleted Contracts and will not impact GMS ability to augment depletions for 2014

14CW3036 Pete Lien & Sons, Inc., c/o Danielle Wiebers, P.O. Box 1961, Fort Collins, Colorado 80522. Stephen C. Larson, David F. Bower, Johnson & Repucci LLP, 2521 Broadway, Suite A, Boulder, Colorado 80304. First Amended Application for Approval of Plan for Augmentation IN LARIMER COUNTY, COLORADO. Overview. Applicant owns and operates the Owl Canyon Quarry, located just east of Livermore, in Larimer County, Colorado. By this application, Applicant is seeking a plan for augmentation to operate a well or wells on the property for dust control, industrial, commercial, and other miscellaneous uses associated with quarry operations. A map of the current property boundaries and depicting the location of the current well is attached hereto as Exhibit A. Name and Description of Structure to be Augmented. The Owl Canyon Quarry Well No. 1 (“Well OC-1”) will be located in the NE1/4 of Section 1, Township 9 North, Range 70 West, of the 6th P.M. The well is anticipated to be approximately 350 feet deep and will produce from the Ingleside Formation. Depletions from the well will impact the North Fork of the Cache la Poudre River in the NE1/4 of the NW1/4 of Section 32,

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Township 10 North, Range 70 West, of the 6th P.M. A water right is not claimed for Well OC-1. Additional wells may be completed on the property in the future should Well OC-1 not have sufficient production to satisfy the Owl Canyon Quarry water demands. Water Rights to be Used for Augmentation. Depletions from Well OC-1 and any other additional wells drilled to satisfy the Owl Canyon Quarry water demands will be replaced using augmentation water provided by the City of Greeley, pursuant to a perpetual augmentation lease dated September 5, 2013, which lease provides Applicant with water decreed for augmentation use to be stored in Milton Seaman Reservoir directly, or by substitution and/ or exchange pursuant to the cases listed on the attached Exhibit B (the “Perpetual Lease”). Replacement water under the Perpetual Lease will be released from the outlet of Milton Seaman Reservoir, located in Section 33, T9N, R70W, of the 6th P.M. In the unlikely event that depletions are not able to be replaced to the calling water right from Milton Seaman Reservoir, Applicant will deliver replacement water by truck. Applicant also reserves the right to use additional or alternative sources of replacement water in this plan for augmentation pursuant to C.R.S. § 37-92-305(8)(c). Complete Statement of Plan for Augmentation. Applicant anticipates pumping approximately 9.47 acre-feet/year from Well OC-1 and any additional wells completed on the property for dust control, industrial, commercial, and other miscellaneous uses associated with quarry operations. Based on a stream depletion analysis performed using the AWAS program, maximum predicted stream depletions for Well OC-1 are expected to be 0.42 acre-feet/year, or approximately 0.035 acre-feet/month, accruing to the North Fork of the Cache la Poudre River. Beginning with the first month of pumping and continuing until all post-pumping depletions are fully replaced, Applicant will deliver 0.035 acre-feet/month of replacement water to the stream system above the calling water right that is senior to the date of this application, utilizing the augmentation sources identified in paragraph 4 above. Applicant will install measuring devices and implement such accounting procedures as may reasonably be required by the State or Division Engineer to ensure that depletions are fully replaced in time, place, and amount under this plan. Applicant will submit accounting information to the Division Engineer on an annual basis, or such other basis as may be required by the State or Division Engineer. Name of Owner of Land Upon Which Structures are Located. Well OC-1 and any additional structures constructed pursuant to this application are or will be on land owned by Applicant. (6 pages including exhibits) 14CW3037 RIVERSIDE IRRIGATION DISTRICT AND RIVERSIDE RESERVOIR & LAND COMPANY, 221 East Kiowa Street, Fort Morgan, Colorado 80701, Telephone: (970) 867-6586, c/o Peter J. Ampe, Hill & Robbins, P.C., 1660 Lincoln Street, Suite 2720, Denver, CO 80264, 303.296.8100. CONCERNING THE APPLICATION FOR WATER RIGHTS OF RIVERSIDE IRRIGATION DISTRICT AND RIVERSIDE RESERVOIR AND LAND COMPANY, IN WELD AND MORGAN COUNTIES 1. Purpose of application: This application is for a change of use for two wells owned by Riverside Reservoir and Land Company (“Riverside”). CHANGE OF USE. 1. Decreed water right for which change is sought: i. Riverside Reservoir Company Well No. 6596-F, SEO WDID 0108092, decreed in Case No. W-2919-48. ii. Riverside Reservoir Company Well No. 5907-F, SEO WDID 0108091, decreed in Case No. W-2919-48. a. Legal description of wells: i. Riverside Reservoir Company Well No. 6596-F is located in the NW1/4 NW1/4 of Section 17, Township 4 North, Range 61 West of the 6th P.M., Weld County Colorado, at a point 533 feet South from North section line and 31 feet East from West section line, said Section 17. ii. Riverside Reservoir Company Well No. 5907-F is located in the SW1/4 SW1/4 of Section 8, Township 4 North, Range 61 West of the 6th P.M., Weld County, Colorado, at a point 296 feet North from South section line and 979 feet East from West section line, said Section 8. b. Decreed source of water: Groundwater tributary to the South Platte River c. Appropriation date: i. Riverside Reservoir Company Well No. 6596-F: March 31, 1965 (irrigation); April 17, 2003 (augmentation) ii. Riverside Reservoir Company Well No. 5907-F: July 31, 1964 (irrigation); April 17, 2003 (augmentation) d. Total amount decreed to structures: i. Riverside Reservoir Company Well No. 6596-F: 5.56 c.f.s. ii. Riverside Reservoir Company Well No. 5907-F: 5.56 c.f.s. e. Decreed use or uses: Supplemental irrigation to all lands within the Riverside Irrigation District; Conditional augmentation pursuant to the Riverside Augmentation Plan decreed in Case No. 02CW86. f.

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Amount of water that Riverside intends to change: Riverside intends to add industrial and well field use for the entire decreed amount for both wells (conditional). 1. Detailed description of proposed change: In Case No. W-2919-48 wells 6596-F and 5907-F were decreed for use as supplemental irrigation for lands within the Riverside Irrigation District. In the Riverside Augmentation Plan, Case No. 02CW86, the wells were decreed as both augmentation and augmented wells pursuant to the terms of that plan. In this case, Riverside seeks a decree to add a conditional right for industrial and well field uses for both wells. All previously decreed uses will not be modified. Contemporaneously with this application, Riverside has filed an application to change the 02CW86 Plan of Augmentation to recognize the new uses for these two wells and add the uses to the Plan of Augmentation with a consumptive use of 100%. 2. Names and addresses of owners of land on which structures are or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. There is no change in the point of diversion and no new structures or storage facilities will be constructed. Water will be placed to beneficial use on lands identified by the lessees or purchasers of the water. 14CW3038 RIVERSIDE IRRIGATION DISTRICT AND RIVERSIDE RESERVOIR & LAND COMPANY, 221 East Kiowa Street, Fort Morgan, Colorado 80701, Telephone: (970) 867-6586, c/o Peter J. Ampe, Hill & Robbins, P.C., 1660 Lincoln Street, Suite 2720, Denver, CO 80264, 303.296.8100, CONCERNING THE APPLICATION FOR WATER RIGHTS OF RIVERSIDE IRRIGATION DISTRICT AND RIVERSIDE RESERVOIR AND LAND COMPANY, IN WELD AND MORGAN COUNTIES. 1. Purpose of application: This application is for modification of an augmentation plan owned by Riverside Irrigation District (“Riverside”), previously decreed in Case No. 02CW86, decreed on May 9, 2012, nunc pro tunc, August 20, 2008 (“Riverside Augmentation Plan”), and also to add two new wells to the Riverside Augmentation Plan. MODIFICATION OF AUGMENTATION PLAN IN 02CW86 1. Description of Modification: The Riverside Augmentation Plan, Case No. 02CW86, decreed various conditional rights, appropriative rights of exchange, and a plan for augmentation subject to certain terms and conditions. The Riverside Augmentation Plan decreed Wells 6596-F and 5907-F as covered wells, and depletions from those wells are augmented pursuant to the terms of the Plan. Riverside seeks to modify the Riverside Augmentation Plan to allow Applicant to replace depletions for Wells 6596-F and 5907-F caused by industrial and well field use. Contemporaneously with this application, Riverside has filed an application to add the new uses to those wells. Applicant also seeks to modify paragraph 11.5.2 regarding wellhead depletion factors to state that industrial and well field use will be 100% consumptive. ADDITION OF NEW WELLS TO AUGMENTATION PLAN 1. Addition of New Wells. Pursuant to paragraph 9.3 of the Riverside Augmentation Plan, Applicant must file an application with the Water Court to add two new wells. 2. Wells to be added to Riverside Augmentation Plan. Applicant seeks to add two wells to the Riverside Augmentation Plan. Applicant seeks to add an existing well with well permit No. 9425-F and also a new well to be built on a farm within the Riverside Irrigation District. Neither well is decreed. The new wells will be augmented pursuant to the terms of the Riverside Augmentation Plan. 3. Legal description of wells: a. Well No. 9425-F is located on the NW1/4 of the SE1/4 of Section 19, Township 4 North, Range 56 West of the 6th P.M., Morgan County, Colorado. b. The new well will be located on NE1/4 of the SW1/4 of Section 2, Township 4 North, Range 56 West of the 6th P.M. 3. Source of water: Ground water tributary to the South Platte River. 4. Names and addresses of owners of land on which structures are or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use. a. Well No. 9425-F is located on land currently owned by Charles Feldpausch. b. The new well will be located on land currently owned by Adra A and Candice L Loomis. 5. Proposed uses for new wells: Irrigation. Consumption will be determined pursuant to the wellhead depletion factors outlined in the Riverside Augmentation Plan and reflected in the modified accounting.

14CW3039 Castle Pines Metropolitan District; Castle Pines North Metropolitan District. Castle Pines Metropolitan District, 5880 Country Club Drive, Castle Rock, CO 80108, (303) 688-8330; c/o Scott A. Clark and Sarah M. Shechter, Attorneys for Applicant, Castle Pines Metropolitan District; Burns,

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Figa & Will, P.C., 6400 S. Fiddlers Green Circle, Suite 1000, Greenwood Village, CO 80111, (303) 796-2626. Castle Pines North Metropolitan District, 7404 Yorkshire Drive, Castle Rock, CO 80108, (303) 688-8550; c/o of Austin Hamre and Ryan P. McLane, Attorneys for Applicant, Castle Pines North Metropolitan District; Duncan, Ostrander & Dingess, P.C., 3600 S. Yosemite Street, Suite 500, Denver, CO 80237, (303) 779-0200. 1. Type of Application: Application for Findings of Reasonable Diligence in DOUGLAS COUNTY, Colorado. 2. Structures: Castle Pines Well No. G-1; Castle Pines Well No. G-2; Castle Pines Well No. T-1; Castle Pines Well No. T-2; Castle Pines Well No. T-3. 3. Date of Original Decree: Case No. 85CW479 filed on December 12, 1993. 4. Conditional Water Rights: Castle Pines Well No. G-1. Appropriation Date: December 17, 1985, subject to paragraph 16.d of the Decree in Case No. 85CW479. Location: SE1/4, SW1/4, Section 21, Township 7 South, Range 67 West, 6th P.M., 565 feet from the South Section Line, 1911 feet from the West Section Line, in Douglas County, Colorado. Source: The alluvium of East Plum Creek. Depth and Construction: Vertical depths of not less than 40 feet or more than 110 feet from the ground surface to the bottom of the well with horizontal pipe, which extends along and generally parallel to East Plum Creek for a distance not to exceed 2,250 feet. The portion of the horizontal pipe that is along and generally parallel to East Plum Creek shall be perforated; the vertical portion of the well and any portion of the horizontal pipe that is not along and generally parallel to East Plum Creek shall not be perforated. Pumping Rate: 2,000 g.p.m., conditional. Castle Pines Well No. G-2. Appropriation Date: December 17, 1985, subject to paragraph 16.d of the Decree in Case No. 85CW479. Location: SE1/4, SW1/4, Section 21, Township 7 South, Range 67 West, 6th P.M., 465 feet from the South Section Line, 2,183 feet from the West Section Line, in Douglas County, Colorado. Source: The alluvium of East Plum Creek. Depth and Construction: Vertical depths of not less than 40 feet or more than 110 feet from the ground surface to the bottom of the well with horizontal pipe, which extends along and generally parallel to East Plum Creek for a distance not to exceed 1,000 feet. The portion of the horizontal pipe that is along and generally parallel to East Plum Creek shall be perforated; the vertical portion of the well and any portion of the horizontal pipe that is not along and generally parallel to East Plum Creek shall not be perforated. Pumping Rate: 2,000 g.p.m. Castle Pines Well No. T-1. Appropriation Date: April 14, 1985. Location: SW1/4, NE1/4, Section 4, Township 7 South, Range 67 West, 6th P.M., 1,455 feet from the North Section Line, 2,155 feet from the East Section Line, in Douglas County, Colorado. Source: Happy Canyon Creek (tributary to Cherry Creek). Depth and Construction: Vertical depth up to 30 feet; there will also be horizontal pipe not more than 100 feet in length, which extends along and generally parallel to Happy Canyon Creek. The portion of the horizontal pipe that extends along and generally parallel to Happy Canyon Creek shall be located between the vertical portion of the well and the stream and shall be the only perforated pipe in the well. Pumping Rate: 150 g.p.m. Castle Pines Well No. T-2. Appropriation Date: April 14, 1985. Location: SE1/4, NE1/4, Section 32, Township 6 South, Range 67 West, 6th P.M., 1,490 feet from the North Section Line, 278 feet from the East Section Line in Douglas County, Colorado. Source: Unnamed tributary to Happy Canyon Creek (tributary to Cherry Creek). Depth and Construction: Vertical depth up to 30 feet; there will also be horizontal pipe not more than 100 feet in length, which extends along and generally parallel to the unnamed tributary to Happy Canyon Creek. The portion of the horizontal pipe that extends along and generally parallel to the unnamed tributary to Happy Canyon Creek shall be located between the vertical portion of the well and the stream and shall be the only perforated pipe in the well. Pumping Rate: 150 g.p.m. Castle Pines Well No. T-3. Appropriation Date: April 14, 1985. Location: NE1/4, NW1/4, Section 33, Township 6 South, Range 67 West, 6th P.M., 340 feet from the North Section Line, 2,221 feet from the West Section Line, in Douglas County, Colorado. Source: Unnamed Tributary to Happy Canyon Creek (tributary to Cherry Creek). Depth and Construction: Vertical depth up to 30 feet; there will also be horizontal pipe not more than 100 feet in length, which extends along and generally parallel to the unnamed tributary to Happy Canyon Creek. The portion of the horizontal pipe that extends along and generally parallel to the unnamed tributary to Happy Canyon Creek shall be located between the vertical portion of the well and the stream and shall be the only perforated pipe in the well. Pumping Rate: 150 g.p.m. Conditional Appropriative Rights of Exchange. The decree in Case No. 85CW479 confirmed conditional rights of exchange that enable replacement of out-of-priority depletions to the East

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Plum Creek system resulting from out-of-priority diversions from Well Nos. G-1 and G-2. The rights of exchange are described as follows: Exchange Reach: The upstream point of exchange is Well No. G-3 (originally decreed in Case No. 85CW479), proposed to be located in the SE1/4, SW1/4, Section 21, Township 7 South, Range 67 West, 6th P.M., and the downstream point of exchange is the confluence of the unnamed tributary with Plum Creek in the SW1/4, NW1/4, Section 19, Township 7 South, Range 67 West, 6th P.M. Maximum Rate of Exchange: 13.36 c.f.s. Appropriation Date: December 17, 1985. Sources of Substitute Supply: The initial source of replacement water for daily out-of-priority depletions from use of Well Nos. G-1 and G-2 will be reusable return flows from use of certain nontributary and not-nontributary water rights described in paragraphs 12 and 13 of the Decree in Case No. 85CW479. The return flows accrue to East Plum Creek from both the Plum Creek Wastewater Treatment Plant and from outdoor use. If the total adjusted reusable return flows to the East Plum Creek System, as defined in paragraph 16.f. of the Decree in Case No. 85CW479, are less than the Applicants’ daily out-of-priority depletions, the Districts shall release reusable water form storage or deliver reusable water from one or more of the nontributary or not-nontributary wells identified in paragraphs 12 and 13 of the Decree in Case No. 85CW479 directly to East Plum Creek to satisfy the Districts’ depletion replacement obligation, all as decreed in Case No. 85CW479. Change Decrees: Case No. 96CW174: This decree, entered on June 3, 2002, authorized Castle Pines Metro to store the Subject Water Rights by injection in the Denver Basin aquifers and to recapture and use such stored water for all previously decreed beneficial purposes. Case No. 98CW426: This decree, entered March 29, 2000, changed the decreed point of diversion for the T-1 Well to a point approximately 1,226 feet north-northwest of the originally decreed location. Case No. 02CW297: This decree, entered on November 26, 2004, authorized Castle Pines North to store the Subject Water Rights by injection in the Denver Basin aquifers and to recapture and use such stored water for all previously decreed beneficial purposes. Case No. 03CW079: This decree, entered December 30, 2003, changed the decreed point of diversion for the T-3 Well to a point approximately 594 feet east-northeast of the originally decreed location. Case No. 04CW293: This decree, entered on March 13, 2013, authorized the Districts to divert the Subject Water Rights at the Alternate Points of Diversion described below and to store the Subject Water Rights at the Alternate Places of Storage, as described below. The Applicants will pump/divert the Subject Water Rights through any combination of Wells No. G-1 and G-2 and the Alternate Points of Diversion, so long as the total rate of pumping/diversion pursuant to the Subject Water Rights does not exceed the amounts allowed in Case No. 04CW293. Alternate Points of Diversion: Well No. G-4: Located in the SE1/4, SW1/4, Section 21, Township 7 South, Range 67 West, 6th P.M., 90 feet from the South Section Line, 1,480 feet from the West Section Line, Douglas County, Colorado; with a depth approximately 100 feet; and a pumping rate of 1,000 g.p.m. Well No. G-5: Located in the SW1/4, SW1/4, Section 21, Township 7 South, Range 67 West, 6th P.M., 450 feet from the South Section Line, 1,120 feet from the West Section Line, Douglas County, Colorado; with a depth approximately 100 feet; and a pumping rate of 1,000 g.p.m. Well No. G-6: Located in the SW1/4, SW1/4, Section 21, Township 7 South, Range 67 West, 6th P.M., 480 feet from the South Section Line, 790 feet from the West Section Line, Douglas County, Colorado; depth approximately 100 feet; with a pumping rate of 1,000 g.p.m. Well No. G-7: Located in the NE1/4, SW1/4, Section 20, Township 7 South, Range 67 West, 6th P.M., 2,370 feet from the South Section Line, 2,130 feet from the West Section Line, Douglas County, Colorado; depth approximately 100 feet; with a pumping rate of 1,000 g.p.m. Well No. G-8: Located in the NE1/4, SW1/4, Section 20, Township 7 South, Range 67 West, 6th P.M., 2,300 feet from the South Section Line, 1,790 feet from the West Section Line, Douglas County, Colorado; depth approximately 100 feet; with a pumping rate of 1,000 g.p.m. Castle Pines Diversion Point S-1: Located in the SE1/4, SW1/4, Section 21, Township 7 South, Range 67 West, 6th P.M., 20 feet from the South Section Line, 1,530 feet from the West Section Line, Douglas County, Colorado; rate of diversion of 8.9 c.f.s.; source is surface water from East Plum Creek. Castle Pines Diversion Point S-2: Located in the NE1/4, SW1/4, Section 20, Township 7 South, Range 67 West, 6th P.M., 2,540 feet from the South Section Line, 2,590 feet from the West Section Line, Douglas County, Colorado; rate of diversion of 8.9 c.f.s.; source is surface water from East Plum Creek. Alternate Places of Storage: Plum Creek Reservoir: Located in the N1/2, SW1/4, the SE1/4, SW1/4, and

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the W1/2, W1/2, SW1/4, Section 20, Township 7 South, Range 67 West, 6th P.M., Douglas County, Colorado; 1,700 acre-feet all active; rate of fill of 4,000 g.p.m. (8.9 c.f.s.); depth of 50 feet; area at high water line is 50 acres. Rueter-Hess Reservoir as Enlarged: In Section 36, the SE1/4 of Section 25 and the SE1/4 SE1/4 of Section 35, Township 6 South, Range 67 West; in Section 31 and the SW1/4 of Section 30, Township 6 South, Range 66 West; in the N1/2, the SW1/4 and the NE1/4 SE1/4 of Section 1 and the E1/2 of Section 2, Township 7 South, Range 67 West; in the NW1/4 and NW1/4 NE1/4 of Section 6, Township 7 South, Range 66 West, all of the 6th P.M., Douglas County, Colorado. The axis of the dam intersects the thread of Newlin Gulch at a point in the SE1/4 SW1/4 of Section 30, Township 6 South, Range 66 West of the 6th P.M., which point is approximately 98 feet north of the south section line and 2,348 feet east of the west section line of said Section 30; rate of fill of 4,000 g.p.m. (8.9 c.f.s.); area at high water line is 1,180 acres; maximum dam height of 196 feet; total active capacity is 71,920 a.f. Uses: The Subject Water Rights can be used for municipal, domestic, agricultural, commercial, irrigation, stock watering, recreation, fish and wildlife, fire protection, and other beneficial uses within the Castle Pines Development. These water rights will be withdrawn and used for immediate application to beneficial use, storage, and subsequent application to beneficial use, substitution and exchange, replacement of depletions resulting from use of water from other sources, and for all other augmentation purposes. Castle Pines Well Nos. G-1 and G-2 are decreed as alternate points of diversion for one another. Castle Pines Well Nos. T-1, T-2, and T-3 are decreed alternate points of diversion for one another, for a total appropriation of 300 g.p.m. out of the alluvium of Happy Canyon Creek or the unnamed tributary of Happy Canyon Creek may be withdrawn through those wells. Prior Diligence: The Districts’ reasonable diligence toward completion of the appropriations described in this Application was confirmed by the Water Court, Water Division 1, on June 13, 2001 in Case No. 99CW194, and on March 21, 2008 in Case No. 07CW139. Outline of Diligence Activities: The Districts have been making orderly and systematic progress on their development plans, continuing to develop their water supply systems and to plan for and pursue the use of the conditional ground water rights and exchanges in their overall water supply systems. The Districts have devoted a substantial amount of money and many hours to the development, operation, maintenance, and improvement of their integrated municipal water supply systems. Specifically, the Applicants have undertaken the following work during the diligence period, all of which is related to completion of the subject appropriation and application of water to beneficial use. During the diligence period, the Districts adjudicated Case No. 04CW293, which changed the Subject Water Rights identified in Section 2.1.1., and 2.1.2., above. In Cases No. 04CW292, 04CW308 and 09CW275, Applicants adjudicated additional surface water rights, ground water rights, storage rights, rights of exchange, and a plan for augmentation which, together with the Subject Water Rights, form an integrated project. These rights significantly enhance the economic feasibility of the Subject Water Rights, as well as the reliability of the integrated water supply systems of both Districts. The adjudication of these rights was completed in March, 2013. Protection of the Subject Water Rights: To protect the Subject Water Rights, the Applicants have hired water attorneys and consultants to monitor Water Court resumes for Notice of Applications potentially affecting the subject rights and have filed Statements of Opposition where necessary to protect the rights. The Applicants have filed Statements of Opposition to various applications filed in Water Division 1, including applications for nontributary and not-nontributary ground water rights in the Denver Basin aquifers and for approval of plans for augmentation involving Plum Creek. Rights to Use Land and Facilities: The North District completed its purchase of storage space for the subject water rights in Rueter-Hess Reservoir. The Districts engaged in continuing negotiations with the Town of Castle Rock to enter into an Intergovernmental Agreement for joint development of various structures, including structures to divert and store the water rights described in Sections 2.1.1. and 2.1.2. above. Integrated Diligence: The conditional water rights, exchanges and plans for augmentation confirmed in Case No. 85CW479 were determined, in that case, to be part of an integrated water supply system for the Castle Pines Development. Therefore, the water rights decreed in Case No. 85CW479 and the other water rights in which the Districts have a legal interest, as described in the Case No. 85CW479 Decree, are part of a single integrated water system for purposes of diligence requirements. Components of those systems include, among other elements, Denver Basin Wells, water

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treatment plants and distribution lines. Work on other components of the integrated water systems included: Metro District: Repairs, maintenance and improvements to Denver Basin wells, pipelines, the District treatment plant, meters, pump stations, lift stations, leak detectors, and a telemetry system; drilling and redrilling wells; design of a new storage tank; long range planning; membership in and payment of fees to the Chatfield Watershed Authority; membership and payment of fees to South Platte Water Related Activities Program (SPWRAP); participation in the Chatfield Reservoir re-allocation project. North District: Repairs, maintenance and improvements to Denver Basin wells, pipelines, the North District’s treatment plant, meters, pump stations, lift stations, leak detectors, and a telemetry system; drilling and redrilling wells; design of a new storage tank; membership in and payment of fees to the Chatfield Watershed Authority; membership and payment of fees to South Platte Water Related Activities Program (SPWRAP); participation in the Chatfield Reallocation Project, negotiation of an agreement for, and construction of, its Interconnect Pipeline Project for delivery of North District water wheeled through the Centennial Water & Sanitation District system, and acquisition of additional sources of surface water to use in conjunction with the Subject Water Rights. Expenditures: During the Diligence Period, the Metro District’s expenditures on all the activities described above have been in excess of $16,700,000.00 and the North District’s expenditures have been in excess of $39,200,000. Can and Will: The Districts still intend to develop and use the subject water rights, as demonstrated by the diligence activities described herein. Both Districts currently rely on Denver Basin water for all of their water supply. The Districts intend to use the Subject Water Rights to reduce their reliance on Denver Basin supplies. Current and projected demand in the Districts exceeds the volumetric limits placed on the Subject Water Rights in Case No. 04CW293. The decree in Case No. 04CW293 found a reasonable probability existed the Districts would be able to acquire the land needed to construct Wells G-1 and G-2, and the decree in Case No. 04CW292 found the Districts can and will complete the Project that includes the originally decreed points of diversion and the wells that may serve as alternate points of diversion for the Subject Water Rights. Therefore, the Districts’ planned use of the water is not speculative and they can and will use the Subject Water Rights. Names and Addresses of Owners of the Land on which Structures will be Located, upon which Water is or will be Stored, or upon which Water is or will be Placed to Beneficial Use: Plum Creek Water Reclamation Authority, 5880 Country Club Drive, Castle Rock, CO 80108, owns the land on which G-1, G-2, G-7, G-8, S-2, and Plum Creek Reservoir will be located. Parker Water and Sanitation District, 19801 E. Main Street, Parker CO 80138, owns the land on which Rueter-Hess Reservoir is located. Douglas County Board of County Commissioners, 100 Third Street, Castle Rock, CO 80104, owns the land on which the following structures will be located: G-4, G-5, G-6, and S-1. Water Stored in Denver Basin Aquifers and Placed to Use within the Service Areas of the Applicants: The water involved herein may be used on lands or placed in storage under lands owned by any landowner within the Applicants’ corporate boundaries, or others to whom water may be supplied by Applicants pursuant to agreement. The names of such landowners are too numerous to list. Number of Pages in Application: 13.

14CW3040 Pamela Daiss, Douglas Sitzmann, and John Shook, c/o 3120 Bears Den Drive, Sedalia, CO 80135 (James J. Petrock, 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: 30 acres being Lots 1, 2, and 4, Pike View Farms 5 Minor Development, generally located in the S1/2 of Section 10, T9S, R65W of the 6th P.M., Elbert County, as shown on Attachment A hereto ("Subject Property"). Applicants Daiss and Sitzmann are the owners and Shook has an agreement to purchase the Subject Property. No notice is required pursuant to Section 37-92-302(2), C.R.S. Upper Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S. Estimated Amount: In Case No. 02CW246, the Upper Dawson aquifer groundwater underlying the Subject Property was decreed, except for 7.2 acre-feet per year which was reserved for use through exempt wells. This application requests that the 7.2 acre-feet previously reserved be decreed herein. Proposed Use Domestic, including inhouse use, commercial, irrigation,

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livestock watering, fire protection, and augmentation purposes. Description of plan for augmentation: Groundwater to be augmented: 3 acre-feet per year over a 300 year period of not nontributary Upper Dawson aquifer groundwater to be decreed herein or as decreed in Case No. 2002CW246, District Court, Water Division 1. Water rights to be used for augmentation: Return flows from the use of not nontributary Upper Dawson aquifer water and return flows and direct discharge of nontributary groundwater underlying the Subject Property as also decreed in Case No. 2002CW246. Statement of plan for augmentation: The subject Upper Dawson aquifer groundwater may be used withdrawn and used through up to four individual wells on Pike View Farms 5 Minor Development for a 300 year period. Each well will require approximately 0.75 acre-feet per year for in house use (0.4 acre-feet per year), irrigation of 5000 square-feet of home lawn and garden (0.3 acre-feet per year), and stock watering of four large domestic animals (0.05 acre-feet per year). Applicants reserve the right to amend these values without having to amend the application or republish the same. Sewage treatment for in house use will be provided by a non-evaporative septic system and return flow from in house and irrigation use will be approximately 90% and 15% of that use, respectively. Water used for stock watering is considered to be 100% consumed. During pumping Applicants will replace actual depletions to the affected stream system pursuant to Section 37-90-137(9)(c), C.R.S. Applicants estimate that depletions occur to the Cherry Creek stream system. Return flows from use of the subject water rights from in house use through nonevaporative septic systems and from irrigation use, will accrue to the South Platte River system and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet augmentation requirements. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (6 pages). 14CW3041, Estate of Glen K. Hollingsworth, c/o Patricia Neely, 8545 Moss Rock Road, Colorado Springs, CO 80908 (James J. Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY DENVER, ARAPAHOE, AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY DAWSON AQUIFERS, EL PASO COUNTY. Subject Property: 445.4 acres generally located in parts of Sections 4, 5, 8 and 9, T11S, R65W of the 6th P.M., El Paso County, as described and shown on Attachment A hereto ("Subject Property"). Applicant is the owner of the Subject Property and no notice is required pursuant to C.R.S. § 37-92-302(2)(b). Source of Water Rights: Dawson aquifer is not nontributary as described in Sections 37-90-103(10.7), C.R.S. The Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in Section 37-90-103(10.5), C.R.S. Estimated Amounts: Dawson: 410 acre-feet, Denver: 303 acre-feet, Arapahoe: 207 acre-feet, Laramie-Fox Hills: 129 acre-feet. Proposed Use The water may be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: domestic, industrial, commercial, fire protection, irrigation, livestock watering, recreational, fish and wildlife, and augmentation purposes. Said water will be produced for immediate application to said uses, both on and off the Subject Property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. Description of plan for augmentation: Groundwater to be augmented: 30 acre-feet per year of Dawson aquifer groundwater as requested herein. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Dawson aquifer water will be used for inhouse use in four single family residences (1.2 acre-feet), use in barns and stables (0.5 acre-feet), stockwatering of 32 large domestic animals (0.4 acre-feet), storage (2 acre-feet), and irrigation of lawn, garden, pasture, hay and trees on the Subject Property (estimated to be 2 to 2.5 acre-feet per irrigated acre using the remaining amount). Applicant reserves the right to revise these uses without having to amend the application or republish the same. Sewage treatment for inhouse use will be provided by a non-evaporative septic system and return flow from inhouse and irrigation use will be approximately 90% and 15% of that use, respectively. During

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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 Cherry Creek stream systems. 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 underlying the Subject Property to meet post pumping augmentation requirements. Further, Applicant prays that this Court grant the application and for such other relief as seems proper in the premises. (5 pages). 14CW3042, Michael and Jacqueline Moore, 6099 Millbridge Avenue, Castle Rock, CO 80104 (Bradford R. Benning, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, ELBERT COUNTY. Subject Property Lot 3, Fox Ridge Minor Development, comprised of 9.7 acres and generally located in the NE1/4NE1/4 of Section 20, T7S, R64W of the 6th P.M., Elbert County, as shown on Attachment A hereto ("Subject Property"). Applicants are the owners of the Subject Property and no notice is required pursuant to C.R.S. § 37-92-302(2)(b).Source of Water Rights: The Upper Dawson aquifer is not nontributary as described in C.R.S. § 37-90-103(10.7), and the Lower Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers are nontributary as described in C.R.S. § 37-90-103(10.5), Estimated Amounts: Upper Dawson: 2.7 acre-feet, Lower Dawson: 1.1 acre-feet, Denver: 4.3 acre-feet, Arapahoe: 4.4 acre-feet, Laramie-Fox Hills: 2.5 acre-feet. Proposed Use: The water may be used, reused, successively used, leased, sold, or otherwise disposed of for the following beneficial purposes: domestic, industrial, commercial, fire protection, irrigation, livestock watering, recreational, fish and wildlife, and augmentation purposes. Said water will be produced for immediate application to said uses, both on and off the Subject Property, for storage and subsequent application to said uses, for exchange purposes, for replacement of depletions resulting from the use of water from other sources, and for augmentation purposes. Description of plan for augmentation: Groundwater to be augmented: All available Upper Dawson aquifer groundwater as requested herein. Water rights for augmentation: Return flows from the use of not nontributary and nontributary groundwater and direct discharge of nontributary ground water. Statement of plan for augmentation: The Upper Dawson aquifer water will be used for in-house use in one residence (0.4 acre-feet), irrigation of lawn, garden, and trees located anywhere on the Subject Property (1.75 acre-feet), stock watering of up to 4 large domestic animals (0.05 acre-feet), and storage and fire protection (0.5 acre-feet) through a new well or wells on the Subject Property. Applicant reserves the right to revise these uses and amounts without having to amend the application or republish the same. Sewage treatment for in-house use will be provided by a non-evaporative septic system and return flow from in-house and irrigation use will be approximately 90% and 15% of those uses, respectively. During pumping Applicants will replace actual depletions to the affected stream system pursuant to C.R.S. § 37-90-137(9)(c.5). Depletions occur to the Running Creek stream system. Return flows accrue to the South Platte River stream systems via Running Creek, and those return flows are sufficient to replace actual depletions while the subject groundwater is being pumped. Applicants will reserve an equal amount of nontributary groundwater underlying the Subject Property to meet post pumping augmentation requirements. Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (6 pages). 14CW3043 Paradise Valley Association (“PVA” or “Association”), P.O. Box 466, Black Hawk, CO 80422, Tel: 303-345-3467. Direct pleadings to Cynthia F. Covell and Andrea L. Benson, Alperstein & Covell P.C., 1600 Broadway, Suite 900, Denver, CO 80202. Application for Finding of Reasonable Diligence and to Make a Portion of the Water Right Absolute in GILPIN COUNTY. Name of structures: Paradise Valley Reservoir No. 2 and Paradise Valley Reservoir No. 3. Describe conditional water rights giving the following from the Referee=s ruling and judgment and decree: Date of original decree:

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October 18, 1996; Case No.: 1994CW295; Court: Water Division 1; Location: Paradise Valley Reservoir No. 2 is located in the NW1/4 SE1/4 of Section 35, Township 2 South, Range 73 West of the 6th P.M., at a point approximately 1800 feet from the east section line and 1900 feet from south section line of said Section 35, Gilpin County, Colorado. Paradise Valley Reservoir No. 3 is located in the SW1/4 SE1/4 of Section 35, Township 2 South, Range 73 West of the 6th P.M., at a point approximately 1400 feet from the east section line and 500 feet from the south section line of said Section 35, Gilpin County, Colorado. The locations of the Reservoirs are depicted on the attached Exhibit A. Source: Pickle Gulch, a tributary to North Clear Creek, tributary to Clear Creek, tributary to the South Platte River, seepage and runoff. Appropriation date: October 21, 1994. Amount: 50 acre-feet, total cumulative storage in any one or in combination of both reservoirs, each reservoir being an alternate place of storage for the other reservoir. Uses: Each reservoir will be used for recreation, wildlife and fish propagation, replacement, augmentation, storage, exchange, and reuse to extinction on the Subject Property as described in the Decree of the Water Court entered in Case No. 94CW295. Name and Address of Owner of Land on which Structures are located: The PVA owns the property on which the Paradise Valley Reservoir No. 2 and Paradise Valley Reservoir No. 3 are located. Previous finding of diligence: Case No. 2002CW237, decreed on March 4, 2008, in Water Division 1. Provide a detailed outline of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures: The Paradise Valley Reservoir No. 2 and Paradise Valley Reservoir No. 3 are part of the PVA=s integrated water supply system, which provides augmentation and replacement water to augment PVA members’ well depletions. The reservoirs also provide recreational amenities and fish and wildlife propagation opportunities to the PVA members. Pursuant to C.R.S. ' 37-92-301(4)(b), when an integrated system is composed of several features, as is the case here, work on one feature of the system is considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire system. See paragraph 4.2.1 of the 02CW237 Decree. During this diligence period, the Association has continued to improve, operate and maintain the Paradise Valley Reservoir No. 2 and related infrastructure, of which these conditional water rights are a part. In particular, the PVA has posted no-trespass signs and has conducted weed mitigation in and around the reservoir site. The labor was performed on a voluntary basis by members of the Association. The costs for materials spent for same were approximately more than $300.00. During this diligence period, following litigation with the prior owner, the Association acquired title to the water rights and lands associated with the Paradise Valley Reservoir No. 2 and Paradise Valley Reservoir No. 3 by deeds dated January 15, 2013 (copies attached as Exhibit B). The PVA spent approximately $89,132.14 in legal fees and costs pertaining to legal representation related to protecting and acquiring title to the water rights and land during the last diligence period. In 2012, PVA stocked the Paradise Valley Reservoir No. 2 with approximately 350 pounds of trout. Cost for the purchase of trout was approximately $1,500. Water Applied to Beneficial Use: Date Water Applied to Beneficial Use: PVA has owned the water rights and the Paradise Valley Reservoir only since 2013, and does not have complete records of reservoir operations. PVA acquired the water rights and the reservoir with water stored in it. PVA understands that water was stored in priority, and has beneficially used the stored water as described in this application. Amount: 9.0 acre-feet for augmentation and replacement purposes; 22.4 acre-feet for fish and wildlife propagation and recreational purposes. Use of Water: Construction of the Paradise Valley Reservoir No. 2 was completed during the pendency of the last diligence proceeding, and water was stored. During this diligence period, additional water has been stored by means of runoff into this reservoir. The reservoir has been operated under the direction of the water commissioner to provide for augmentation releases and releases of out of priority storage. Augmentation and replacement. PVA records (included in Exhibit C), demonstrate that reservoir releases for augmentation purposes during the diligence period from April 2008 through February 2014, totaled 9.0 acre-feet. Reservoir releases during this diligence period were made as requested by the water commissioner. Fish and Wildlife Propagation. During this diligence period, PVA stocked the Paradise Valley Reservoir No. 2 with trout. Moreover, PVA residents observe wildlife in the vicinity of the reservoir, which facilitates wildlife propagation. The entire 22.4 acre-foot capacity of Paradise Valley Reservoir No. 2 should be made absolute for fish and wildlife propagation purposes. Recreation. PVA

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residents engage in recreational boating on Paradise Valley Reservoir No. 2, fishing, picnicking and observation of wildlife at the reservoir, and use the trail around the lake for biking and walking. Therefore, the entire 22.4 acre-foot capacity of Paradise Valley Reservoir No. 2 should be made absolute for recreational purposes. Description of Place Where Water is Applied to Beneficial Use: The water stored in Paradise Valley Reservoir No. 2 is released to meet augmentation obligations to North Clear Creek, Clear Creek and the South Platte River. Water used for fish and wildlife propagation, and recreational uses remains in the reservoir. WHEREFORE, Applicant, having demonstrated that it has applied a portion of the Paradise Valley Reservoir No. 2 water right to beneficial uses, and has steadily applied effort to complete the appropriation of the remaining portions of the Paradise Valley Reservoir No. 2 and Paradise Valley Reservoir No. 3 water rights in a reasonably expedient and efficient manner under all the facts and circumstances, respectfully requests this Court to find that 9.0 acre-feet of Paradise Valley Reservoir No. 2 water right has been placed to beneficial use for augmentation and replacement purposes and has been made absolute for those uses; that 22.4 acre-feet have been placed to beneficial use for fish and wildlife propagation and recreational uses and have been made absolute for those uses; and that the Applicant has exercised reasonable diligence in the development of the remaining conditional portions of the Paradise Valley Reservoir No. 2 and Paradise Valley Reservoir No. 3 water rights (being 41.0 acre-feet for augmentation and exchange purposes; 27.6 acre-feet for fish and wildlife propagation and recreational purposes; and 50 acre-feet for reuse and exchange purposes) be continued for another six years, or such period as may otherwise be permitted by law. (6 pages, plus exhibits). 14CW3044 GILAD SHWARTZ and MIRIAM SALVAY SHWARTZ. Henry D. Worley, Worley Law Office LLC, 611 North Weber, Suite 104, Colorado Springs, CO 80903. Application for Denver Basin Water Rights and for Approval of Plan for Augmentation IN DOUGLAS COUNTY. The name, address, telephone number of applicant: Gilad Shwartz and Miriam Salvay Shwartz, 21441 North Elbert Road, Elbert CO 80106, phone: 303.408.3841., e-mail address [email protected], I. APPLICATION FOR DENVER BASIN WATER RIGHTS. 1. Names of wells and permit, registration, or denial numbers: Permit No. 178351 2. Legal description of wells: Permit No. 178351 is constructed in the Dawson aquifer in the NE1/4 SE1/4 Section 30, T. 10 S., R. 66 W., 6th P.M., 1650 feet from the south section line and 150 feet from the east section line. One well in each of the Denver, Arapahoe and Laramie-Fox Hills aquifers is contemplated, plus all necessary additional and/or replacement wells, to be located anywhere on Applicant’s 5.0 acre property, the legal description of which is Lot 12, Block 2 Assembly Estates in Douglas County (the “Property”). The address of the Property is 3672 Estates Circle, Larkspur, CO 80118. A map showing the location of the property is attached as Figure 1. 3. Sources: not nontributary Dawson aquifer; nontributary Denver aquifer; nontributary Arapahoe aquifer; nontributary Laramie-Fox Hills aquifer. 4. A. Date of appropriation: Not applicable. 4.B. How appropriation was initiated: Not applicable.4.C. Date water applied to beneficial use: Not applicable. 5. Amount claimed: Dawson aquifer - 15 gpm, 395 acre feet absolute; Denver aquifer - 15 g.p.m., 476 acre feet absolute; Arapahoe aquifer - 150 g.p.m., 247 acre feet, absolute; Laramie-Fox Hills aquifer - 150 g.p.m., 158 acre feet, absolute. The water court will be asked to retain jurisdiction over such decree to enter a final determination of the amount of water available for appropriation from each aquifer based on geophysical logs for such wells.6. Proposed uses: Drinking, cooking and sanitary purposes inside a primary house and a guest house/detached home office; commercial for indoor drinking and sanitary purposes; stock water; hot tub/spa and/or swimming pool; lawn and garden irrigation; other landscaping features; fire suppression; augmentation. 7. Name and address of owner of land on which wells are/will be located: Same as Applicants. II. APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION. 8. Name of structures to be augmented: Well permit 178351. No other water rights are or will be diverted from that well. After entry of a decree, permit 178351 will be re-permitted consistent with the provisions of the augmentation plan. 9. Previous decrees for water rights to be used for augmentation: None. 10. Historic use: Not applicable.11. Statement of plan for augmentation: Well permit 178351 is only permitted for indoor residential uses. Applicants seek approval of a plan for augmentation which will allow multiple

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uses from this structure, including without limitation indoor residential and commercial uses (drinking and sanitary purposes only), a detached home office or guest house, livestock water, landscape, orchard and garden (including greenhouse) irrigation, hot tub and/or swimming pool, and augmentation of the depletions caused by such uses. Indoor use for the primary house is conservatively expected to be no less than 0.2 acre foot annually. Treatment of waste water from indoor uses will be achieved using a nonevaporative individual septic tank and leach field system (“ISDS”); the State Engineer conservatively estimates than annual return flows from water so treated will no be less than 0.18 acre foot. Such return flows will accrue to tributaries of the South Platte River. This plan for augmentation will allow annual pumping not to exceed 0.75 acre foot over a 300 year period, based upon estimated depletions of 24 percent of pumping in the 300th year. By observing that pumping limitation, ISDS return flows will equal or exceed the 0.18 acre foot of maximum stream depletions during the pumping period. Change of the type of wastewater treatment to a central sewage treatment with direct discharge to any tributary of the South Platte River shall not require an amendment to this plan for augmentation, but change to any other type of waste water disposal shall require an amendment. Applicants propose to replace depletions during pumping with return flows from the ISDS, and to replace post-pumping depletions with the nontributary Denver aquifer water decreed herein, approximately 202 acre feet of which will be reserved for that purpose. Applicants will reserve the right to replace such depletions with any other judicially acceptablesource of augmentation water, upon judicial approval after appropriate notice. 12. Miscellaneous provisions. (1) There is one lien against the Applicants’ property. The lienor has been notified of this application as required by C.R.S. 37-92-302(2)(b). See Exhibit A. (2) This application is being filed in Water Divisions 1 and 2. After the period for filing statements of opposition has expired, Applicants will seek to consolidate the two cases in Division 1, where the Property is located. (3) Applicants reserve the right to make minor changes in the amounts claimed for appropriation and in the allowable amounts to be pumped annually under the augmentation plan, based on variations in the information currently available to Applicants and the information contained in the Determinations of Facts and the Consultation Report. 14CW3045 CPV, Inc., 858 Happy Canyon Road, Suite 200, Castle Rock, CO 80108, Telephone: 303-688-6300. Please send all pleadings and correspondence to Applicants counsel: Wayne F. Forman and Geoffrey M. Williamson, Brownstein Hyatt Farber Schreck LLP, 410 17th Street, Suite 2200, Denver, CO 80202: Phone Number: (303) 223-1100; Fax Number: (303) 223-1111; E-mail: [email protected], [email protected]. APPLICATION FOR FINDING OF DILIGENCE, IN DOUGLAS COUNTY. (1) Names of Structures: Castle Pines Well No. G-3. (2) Description of Conditional Water Rights: (2.1) Original Decrees: The conditional water rights for which findings of continued diligence are sought were originally decreed by the Division 1 Water Court in Case No. 85CW479 on December 12, 1993 as follows: (2.1.1) Castle Pines Well No. G-1. (2.1.1.1) Location: In the SE1/4, SW1/4, Section 21, Township 7 South, Range 67 West, 6th P.M., 565 feet from the South Section Line, 1911 feet from the West Section Line, Douglas County, Colorado. (2.1.1.2) Source: The alluvium of East Plum Creek. (2.1.1.3) Pumping Rate: 2,000 g.p.m., conditional. (2.1.2) Castle Pines Well No. G-2. (2.1.2.1) Location: In the SE1/4, SW1/4, Section 21, Township 7 South, Range 67 West, 6th P.M., 465 feet from the South Section Line, 2,183 feet from the West Section Line, Douglas County, Colorado. (2.1.2.2) Source: The alluvium of East Plum Creek. (2.1.2.3) Pumping Rate: 2,000 g.p.m., conditional. (2.1.3) Castle Pines Well No. G-3. (2.1.3.1) Location: SE1/4, SW1/4, Section 21, Township 7 South, Range 67 West, 6th P.M., 373 feet from the South Section Line, 2,445 feet from the West Section Line, Douglas County, Colorado. (2.1.3.2) Source: The alluvium of East Plum Creek. (2.1.3.3) Depth and Construction: Vertical depth of not less than 40 feet or more than 110 feet from the ground surface to the bottom of the well with horizontal pipe which extends along and generally parallel to East Plum Creek for a distance not to exceed 3,250 feet. The portion of the horizontal pipe that is along and generally parallel to East Plum Creek shall be perforated; the vertical portion of the well and any portion of the horizontal pipe that is not along and generally parallel to East Plum Creek shall not be perforated. (2.1.3.4) Pumping Rate: 2,000 g.p.m., conditional. (2.1.4) Castle Pines Well Nos. G-1, G-2 and G-3 were

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decreed as alternate points of diversion for one another in Case No. 85CW479. Through conveyances from the Castle Pines North Metropolitan District (“North District”), and Stipulations in Case Nos. 04CW292, 04CW293, 04CW308 and 09CW275, CPV’s interest in these rights was severed and CPV owns 2,000 g.p.m. (with first priority as against the North District) decreed to the G-1, G-2, G-3 wells, to be withdrawn from the point of diversion of the G-3 right (the “G-3 Right”). The North District and the Castle Pines Metropolitan District own the remaining 4,000 g.p.m. of the G-1, G-2 and G-3 conditional water rights, to be diverted at the locations decreed in Case No. 85CW479, as changed by Case No. 04CW293. (2.1.5) The G-3 Right may be used for municipal, domestic, agricultural, commercial, irrigation, stock watering, recreation, fish and wildlife, fire protection, and other beneficial uses. This conditional water right will be withdrawn and used for immediate application to beneficial use, storage and subsequent application to beneficial use, substitution and exchange, replacement of depletions resulting from use of water from other sources, and for all other augmentation purposes. (2.1.6) Appropriation Date: December 17, 1985, subject to paragraph 16.d. of the Decree in Case No. 85CW479. (2.2) Prior Diligence: The Applicant’s reasonable diligence toward completion of the appropriations was confirmed by the Water Court, Water Division 1, in Case Nos. 99CW194 and 07CW139. (3) Diligence: (3.1) During the relevant diligence period, CPV and its affiliates have expended in excess of $2 million and invested thousands of hours of staff, consultant and attorney time, in protecting and developing the G-3 Right and obtaining entitlements to develop the lands on which the G-3 Right will be used. These expenditures and activities include the following. (3.1.1) CPV has participated in the applications filed by the North District and the Castle Pines Metropolitan District with respect to the G-1, G-2 and G-3 water rights and other rights, in Case Nos. 04CW292, 04CW293, 04CW308 and 09CW275, in order to protect CPV’s interest in the G-3 Right. CPV participated as an opposer in those cases and entered into stipulations relating to the exercise of the parties’ respective interests in the G-rights. CPV engaged legal counsel and water resources consultants in connection with evaluating those applications and stipulations, in addition to the time spent by CPV’s in-house engineer and counsel. (3.1.2) CPV has opposed other water rights applications in the East Plum Creek watershed for the purpose of protecting CPV’s interest in the G-3 Right. (3.1.3) Overall, CPV has expended in excess of $2 million in outside costs and thousands of hours of in-house staff time pursuing entitlements and development-related approvals for the Castle Pines Town Center PD project (the “Project”), which will depend in part on the G-3 Right for its water supply. These activities include pursuing and obtaining approval of annexation, rezoning and a master plan for the Project. The Project is approved for 355 residential units and approximately 500,000 square feet of commercial and hotel development over 176 acres. CPV also caused and funded the formation of a special district, including development of a district service plan, to provide water, sewer and other services to the Project. (3.1.4) CPV spent approximately $144,000 to install two separate portions of the pipelines needed to deliver the G-3 Right to the Project. (3.1.5) CPV has engaged the law firm of Brownstein Hyatt Farber Schreck, LLP (“BHFS”) to assist with opposing and analyzing water rights applications, and negotiating stipulations, for the purpose of protecting CPV’s interest in the G-3 Right, and to conduct other tasks related to the use and development of said right. During the relevant diligence period, CPV has incurred approximately $87,000 in fees and costs associated with BHFS’s work. (3.1.6) CPV has engaged Bishop Brogden Associates (“BBA”) to assist with opposing and analyzing water rights applications, and negotiating stipulations, for the purpose of protecting CPV’s interest in the G-3 Right. BBA has also performed other tasks including evaluation well construction for the G-3 Right, analyzing the yield of the G-3 Right, and researching easements and the status of property rights associated with the exercise of the G-3 Right. CPV has incurred approximately $65,000 in fees and costs associated with BBA’s work on the G-3 Right during the relevant diligence period. 14CW3046, Sorin Natural Resource Partners, LLC, a Colorado limited liability company, c/o Byron Levkulich, 1530 16th Street, Suite 300, Denver, CO 80202 and Big Thompson Investment Holdings LLC, a Colorado limited liability company, c/o Mark Goldstein, PO Box 273180, Fort Collins, CO 80527 (c/o Timothy J. Flanagan, 1640 Grant Street, Denver, Colorado 80203). CONCERNING THE APPLICATION FOR CHANGE OF WATER RIGHTS OF SORIN NATURAL

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RESOURCE PARTNERS, LLC AND BIG THOMPSON INVESTMENT HOLDINGS, LLC IN THE CACHE LA POUDRE RIVER OR ITS TRIBUTARIES, TRIBUTARY TO THE SOUTH PLATTE RIVER IN WELD AND LARIMER COUNTIES. APPLICATION: The following are the purposes of this Application: 1) change the use of certain senior agricultural water rights recently acquired by Sorin when it purchased several farms in 2012 and 2013 (see Figure 1, Farm Location Map); 2) file conditional underground rights for two new wellfields; 3) file a Plan of Augmentation to augment out-of-priority diversions associated with the two new wellfields, including use of the “consumptive use component” of the changed water rights described in this Application as well as changed water rights in Case No. 12CW179; 4) file conditional recharge rights; and 5) file conditional storage rights. The water rights being changed in this application will be used to augment pumping from commercial/industrial groundwater structures known as the “Coulson Wellfield,” and available credits in excess of those needed to augment Coulson Wellfield diversions will be used to augment pumping from commercial/industrial groundwater structures known as the “Rumsey Wellfield.” Additionally, to the extent that extra consumptive use credits are available from the changed rights, Sorin proposes to apply the credits, either directly or indirectly, to the plan for augmentation currently pending in Case No. 12CW179, as well as other industrial/commercial operations that Sorin may operate or develop in the South Platte Basin. The Coulson Wellfield is to be located on the Benson Farm owned by Applicants, consisting of approximately 71 acres, which is generally located as follows: in the E1/2 of the NE1/4 of Section 2, Township 5 North, Range 65 West, 6th P.M, in Weld County Colorado (see Figure 2) just east of the City of Greeley, Colorado. Currently, one well has been permitted under a monitor well permit (#292857); this well will be converted to a production well following permitting with the State Engineer’s Office. The Coulson Farm will be developed into a heavy industrial use property and has been rezoned by Weld County to industrial/commercial uses in 2013. The Rumsey Wellfield is to be located on the Rumsey Property, which is located in the NW1/4 of Section 35, Township 5 North, Range 66 West, 6th P.M., in Weld County Colorado (see Figure 3) approximately 2 miles west of La Salle, Colorado. The Rumsey Wellfield will be located 400 feet from the West Section Line, and 2,200 feet from the South Section Line. The wellfield has not been permitted or constructed, but will be permitted with the State Engineer’s Office. This application is for a change of use of certain water rights associated with the New Cache La Poudre Irrigation Company (NCLPIC) and the Cache la Poudre Reservoir Company (CLPRC), and involves share ownership historically associated with five separate parcels as further described below. Those two mutual ditch organizations have a “Catlin Bylaw” and the Board of Directors of those ditch companies have given Applicants’ permission to proceed in March, 2014. HISTORICAL USE: A. Subject Farms: The NCLPIC and CLPRC ownership subject of this application was used for irrigation purposes on five separate farms identified as the Tipton, Martin, Davis-West, Bickling, and Kirby Farms. Historically, approximately 523.9 acres were historically irrigated on the subject farms. In total, 54.5 shares of the NCLPIC and 58.0 shares of CLPRC are the subject of this application.

Farm Shares (Certificate #) Irrigated Acreage (ac) Historical Use Location NCLPIC CLPRC

Tipton 19 shares (#4874)

24 shares (#4108) 77.6

SW1/4 of Section 26, Township 6 North, Range 65 West

Martin 4.5 shares (#4876) 0 shares 40.0

W1/2 of the NW1/4 of and the W 80 feet of the E1/2 of the NW1/4 of Section 2, Township 5 North, Range 65 West

Davis-West

15 shares (#4875)

10 shares (#4107) 86.3

Parts of the NE1/4 of Section 4, Township 5 North, Range 65 West

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Bickling 12 shares (#4872)

24 shares (#4106) 109.0

E1/2 NW1/4 and W1/2 E1/2 SW1/4 of Section 34, Township 6 North, Range 65 West

Kirby 4 shares (#45741) 0 shares 211.02

Portion of Section 16, Township 6 North, Range 67 West

Total 54.5 58.0 523.9

a. Tipton Farm: The Tipton property is located in the SW1/4 of Section 26, Township 6 North, Range 65 West. In total, the property encompasses 84.77 acres of which, approximately 77.6 acres were irrigated with the shares identified in the table above. Surface water deliveries have been made from the Bryant Lateral via the Divide Line Lateral that receives deliveries from the Greeley No. 2 Ditch. Ownership also includes 19 shares of the Divide Line Lateral/Bryant Lateral. Corn was the crop historically grown on the Tipton Farm. b. Martin Farm: The Martin property is in the W1/2 of the NW1/4 and a portion of the E1/2 of the NW1/4 of Section 2, Township 5 North, Range 65 West. The Martin property encompasses a total of approximately 40 acres. The Martin property receives NCLPIC water from the Bryant Lateral via the Divide Line Lateral. Crops historically grown on the Martin Farm included wheat, onions, beans, and corn. c. Davis-West Farm: The Davis-West property is in the NE1/4 of Section 4, Township 5 North, Range 65 West. The Davis-West property encompasses a total of approximately 98 acres. The Davis-West property receives NCLPIC water from the McCall Drain and Irrigation Co. (aka Bliss Lateral, Greeley No. 2 lateral headgate No. 401). Crops historically grown on the Davis-West Farm included wheat, onions, beans, and corn. d. Bickling Farm: The Bickling property is made up of three parcels located east of Greeley in Weld County, Colorado. In total, the parcels encompass 118.39 acres which includes irrigated and non-irrigated areas. The northernmost parcel (Bickling North) encompasses the E1/2 of the NW1/4 of Section 34, Township 6 North, Range 65 West, and consists of approximately 70 acres irrigated by the NCLPIC and CLPRC shares. The southernmost parcel (Bickling South) encompasses a portion of the W1/2 of the E1/2 of the SW1/4 of Section 34, Township 6 North, Range 65 West, and consists of approximately 36 acres irrigated by the New Cache la Poudre Irrigation Company and the Cache la Poudre Reservoir Company. In total, approximately 109 acres have been historically irrigated on the Bickling Farm. Crops historically grown on the Bickling Farm included beans, sugar beets, and corn. e. Kirby Farm: Historically, the Kirby Farm was irrigated with 4 shares of Lake Canal, 8 shares of New Cache La Poudre Ditch, 4 shares of Windsor Reservoir and 30 shares of Kern Reservoir. From this farm, Central Colorado Water Conservancy District purchased 2 shares of Lake Canal and 4 shares of New Cache La Poudre Ditch. The Kirby Farm is located in a portion of Section 16, Township 6 North, Range 67 West and was historically situated adjacent to Windsor Lake (aka, Kern Reservoir). In 2005, the Groundwater Management Subdistrict (GMS) of the Central Colorado Water Conservancy District filed an application in Water Court (Case No. 05CW074) to among other things, change the use of four (4) shares of the New Cache La Poudre Ditch Company. GMS no longer owns the Lake Canal shares and in 2013, Sorin purchased the four New Cache La Poudre Ditch Company shares from GMS. Sorin also received a recorded dry-up covenant for 15.33 acres, referenced by Real Covenant Agreement dated February 25, 2004, between GMS and Water Resources, LLC. In support of the application filed in Case No. 05CW074, GMS’ engineers completed a historical use analysis of the four shares that was provided in a report by Leonard Rice Engineers, Inc. dated August 2013. This report and information will be used by Sorin in furthering its change of use of the four shares historically associated with the Kirby

1 The stock certificate number will be updated for the Kirby Farm shares when new stock certificates are issued to reflect the October 2013 purchase of those shares by Sorin. Stock Certificate Number 4574 reflects the previous ownership by Central Colorado Water Conservancy District. 2 Total acreage of the Kirby Farm, included additional sources of supply.

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Farm. Crops historically grown on the Kirby Farm included grain corn, silage corn, alfalfa, dry beans and wheat. 4. PROPOSED CHANGE OF USE: Sorin seeks to change the use of the subject shares to include agricultural, irrigation, commercial, industrial, augmentation, recharge, replacement, and exchange, by direct release or storage for later release, with the right to totally consume the consumable portion of the water, either by first use, successive use, or disposition. Specifically the shares will be used in the plan for augmentation proposed by this application and the plan for augmentation currently pending in Case No. 12CW179. Sorin may also apply available consumptive use water in other plans and operations that it may develop. A. Previous Decrees: a. The New Cache La Poudre Ditch (Structure ID #01030929) was decreed for irrigation uses as summarized below. The decreed headgate location is in the SW1/4 of the SE 1/4 of the NE1/4 of Section 11, Township 6 North, Range 68 West of the 6 P.M., Larimer County, Colorado.

b. The Cache La Poudre Reservoir, aka, Timnath Reservoir, (Structure ID #01033775) was decreed water rights for filling and storage as summarized below. All of the decreed points of diversion and storage are located in Township 7 North, Range 68 West, 6th P.M., in Larimer County, Colorado. The headgate for the inlet ditch is located on the north bank of the Cache La Poudre River in the NE1/4 of Section 18, Township 7 North, Range 68 West. Cache La Poudre Reservoir is located in portions of Sections 23, 24, 25, and 26, Township 7 North, Range 68 West.

B. The Applicants’ engineer is studying the historical irrigation practices on the subject farms and is determining the total historical consumptive use credit for the total 54.5 NCLPIC shares and the 58.0 CLPRC shares on the five farms described above. This study will include a representative study period, review of diversion records, interviews with ditch officials, irrigators and water administrators, review of historical use affidavits, climate data, cropping patterns, soil characteristics, irrigation efficiencies, other relevant engineering studies, examination of groundwater tables, USGS groundwater maps, aerial photography and computer modeling. Based on this study, appropriate terms and conditions will be provided to protect other waters from injury if the change in uses is granted. Those terms and conditions will include: monthly and annual volumetric limits on both the NCLPIC and CLPRC diversions, return flow obligations, operational limitations, measurement and reporting requirements, and accounting forms. a. For the Cache la Poudre Irrigation Company, there are a total of 2,499.69 shares. The Applicant’s ownership of 54.5 shares historically associated with the Tipton, Martin, Davis-West, Bickling, and Kirby Farms equates to the following pro-rata decreed amounts for the rights described in ¶4(A)(a) above:

Structure Case No. Adjudication Date

Appropriation Date

Amount Source

Greeley Canal No. 2 CA-320 4/11/1882 10/25/1870 110 cfs Cache La Poudre RiverGreeley Canal No. 2 CA-320 4/11/1882 9/15/1871 170 cfs Cache La Poudre RiverGreeley Canal No. 2 CA-320 4/11/1882 11/10/1874 184 cfs Cache La Poudre RiverGreeley Canal No. 2 CA-320 4/11/1882 9/15/1877 121 cfs Cache La Poudre RiverGreeley Canal No. 2 W-8059-75 6/13/1977 5/27/1974 65 cfs Cache La Poudre River

Structure Case No. Adjudication Date

Appropriation Date Amount Source

CLPR Inlet Ditch CA-320 4/11/1882 4/15/1867 60 cfs Cache La Poudre RiverCLPR Inlet Ditch & CLPR CA-1591 12/9/1904 3/17/1892 8379 ac-ft Cache La Poudre RiverCLPR Inlet Ditch & CLPR CA-2031 4/22/1922 12/1/1902 1740 ac-ft Cache La Poudre RiverCLPR Inlet Ditch & CLPR CA-11217 9/10/1953 12/31/1923 5948 ac-ft Cache La Poudre River & tributariesCLPR Inlet Ditch & CLPR CA-11217 9/10/1953 12/31/1903 4171 ac-ft Cache La Poudre River & tributariesCache La Poudre Reservoir W-1103 6/8/1971 3/17/1892 110 cfs West DrainageCache La Poudre Reservoir W-1103 6/8/1971 3/17/1892 50 cfs Middle DrainageCache La Poudre Reservoir W-1103 6/8/1971 3/17/1892 90 cfs East DrainageCache La Poudre Reservoir 80CW415 9/3/1982 3/17/1892 15 cfs 1st DiversionCLPR Outlet Ditch 80CW415 9/3/1982 7/31/1893 10 cfs 2nd Diversion

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Cache la Poudre Irrigation Company

Decree Adjudication

Date Appropriation

Date Total Amount

(cfs) Pro-rata

Amount (cfs) CA-320 1882-4-11 1870-10-25 110 2.398 CA-320 1882-4-11 1871-9-15 170 3.706 CA-320 1882-4-11 1874-11-10 184 4.012 CA-320 1882-4-11 1877-9-15 121 2.638

W-8059-75 1977-5-24 1974-5-27 65 1.417 Total 650 14.17

b. For the Cache la Poudre Reservoir Company, there are a total of 3,000 shares. The Applicant’s ownership of 58 shares historically associated with the Tipton, Davis-West, and Bickling Farms equates to the following pro-rata decreed amounts for the rights described in ¶4(A)(b) above:

Cache la Poudre Reservoir Company

Decree Adjudication

Date Appropriation

Date Total Amount

(cfs/ac-ft)

Pro-rata Amount

(cfs/ac-ft) CA-320 1882-4-11 1867-4-15 60 cfs 1.160 cfs CA-1591 1904-12-09 1892-3-17 8,379 ac-ft 161.99 ac-ft CA-2031 1922-4-22 1902-12-1 1,740 ac-ft 33.64 ac-ft

CA-11217 1953-9-10 1923-12-31 5,948 ac-ft 114.99 ac-ft CA-11217 1953-9-10 1903-12-31 4,171 ac-ft 80.64 ac-ft W-1103 1971-6-08 1892-3-17 110 cfs 2.127 cfs W-1103 1971-6-08 1892-3-17 50 cfs 0.967 cfs W-1103 1971-6-08 1892-3-17 90 cfs 1.740 cfs

80CW415 1982-9-03 1892-3-17 15 cfs 0.290 cfs 80CW415 1982-9-03 1893-7-31 10 cfs 0.193 cfs

C. Sorin will continue to pay all ditch company assessments on its NCLPIC and CLPRC shares and ownership and will be subject to normal system losses. Applicant will continue to take delivery of all water it will use for agricultural irrigation at its current points of diversion from the ditches unless other delivery points are allowed by the ditch companies. D. Applicant will quantify the historical consumptive use of the water rights and the time, quantity, and amount of return flows resulting from the historical use of the water rights, and will use, reuse, successively use, and fully consume all water diverted on the rights changed herein for which it has replaced all historical return flows. Until the water is needed for delivery and use by Sorin, whether by direct diversion, or as a source of augmentation for out of priority depletions, the water will be used to irrigate the historically-irrigated lands or other lands within the service areas of the respective ditch system. E. Sorin will quantify the historical consumptive use of the water rights based upon the actual delivery of water to the subject farms and/or the use of the pro rata share of river headgate diversions delivered on such ownership on the historically-irrigated lands (parcel-specific analysis). Applicant may continue to farm the historically-irrigated lands to the extent that water is available, but will not irrigate any such lands required to be removed from irrigation to allow the change of use absent Water Court approval. 5. PLAN OF AUGMENTATION: Sorin proposes to use its ownership in the water rights described in ¶4(A) above for the uses more fully described in ¶4 to augment out-of-priority diversions made by withdrawals from the Coulson Wellfield as described in ¶2, or any

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replacement or other wells that may be constructed within the Coulson Farm property (see Figure 2, General Vicinity Map). Credits from the changed water rights in excess of those needed to augment diversions from the Coulson Wellfield will be used to augment out-of-priority diversions from the Rumsey Wellfield as described in ¶2, or any replacement or other wells that may be constructed within the Rumsey Farm property. Furthermore, the changed rights may be used for augmentation or replacement, either directly or indirectly, of out of priority depletions associated with the plan for augmentation currently pending in Case No. 12CW179 or other plans and operations that may be developed by Sorin in the South Platte Basin. Additionally, the changed rights may be used for agricultural, irrigation, commercial, industrial, augmentation, recharge, replacement, and exchange, by direct release or storage for later release, with the right to totally consume the consumable portion of the water, either by first use, successive use, or disposition. In addition to use of the Sorin’s ownership in the water rights described in ¶4(A) above, Sorin may also use other water supplies from changed rights under the NCLPIC or CLPRC system to augment out-of-priority diversions made by withdrawals from the Coulson and Rumsey wellfields. Separate engineering will be completed for those other water supplies, and the water rights will be decreed separately. The Coulson Wellfield and the Rumsey Wellfield are new underground conditional water rights being sought in this case (see ¶8). This plan will account for all pumping and corresponding augmentation requirements from any constructed wells used in the contemplated industrial operations by Sorin. Replacements will be made in time, amount, and location in coordination with the Division Engineer or the Water Commissioner. A. Applicant will make available to the Cache La Poudre or South Platte River, fully consumable water to offset stream depletions associated with withdrawals from the Coulson Wellfield, Rumsey Wellfield, or other wells that may be developed within the Coulson Farm or Rumsey Farm properties; replacement of depletions associated with the plan for augmentation currently pending in Case No. 12CW179; or other plans and operations that may be developed by Sorin. Replacement of those depletions will accrue to the same reach of the river from any one or combination of the following augmentation locations, or any other augmentation stations currently owned or operated by the respective ditch companies or that may exist in the future: a. New Cache La Poudre Irrigation Company or Cache La Poudre Reservoir Company located as described in ¶4(A) above. i. Lower Sand Creek return station located in the SE1/4 of the NW1/4 of Section 27, Township 6 North, Range 65 West, 6th P.M. ii. Water may also be delivered to the Cache La Poudre River or South Platte River via existing or new return structures that are or will be located along the respective ditch system. b. Development of one or more recharge sites within the Tipton, Martin, Davis-West, Bickling, or Kirby Farm property as described in ¶3(A) above to offset stream depletions or replacement obligations. Additionally, Sorin may develop other recharge sites adjacent to or proximate to the Greeley No. 2 Ditch to facilitate delivery and recharge of its ownership in the NCLPIC and CLPRC companies. Development of recharge will be used to facilitate replication of historical irrigation return flows as well as augmentation of stream depletions associated with withdrawals from the Coulson Wellfield or other wells that may be constructed within the Coulson property, replacement of depletions associated with the plan for augmentation currently pending in Case No. 12CW179, or other plans and operations that may be developed by Sorin. i. Recharge sites may be developed to fully utilize the available consumptive use credits associated with the ditch ownerships as described in ¶4, and to develop credits from direct diversions as described in ¶3. ii. Application is made herein for a junior conditional direct flow right of 10 cfs to fill recharge facilities or storage facilities following construction of such facility. c. Application is made herein for a junior conditional storage right of 10 cfs in the amount of 2,000 acre-feet to fill storage facilities following construction of same. d. Fully consumable water may be recaptured and be delivered into storage facilities following release to the stream after diversion at the respective NCLPIC river headgate, release from existing or new augmentation structures, or recapture of excess recharge credits. Storage may be developed or be acquired adjacent to the NCLPIC system or adjacent to the Cache La Poudre River. Following recapture and storage, releases of fully consumable water may then be applied to this plan for augmentation, the plan for augmentation currently pending in Case No. 12CW179, or other plans Sorin may develop. e. Development of one or more recharge sites within the Rumsey Farm property as described in Case No. 12CW179 above to offset stream depletions

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or replacement obligations, or other plans and operations that may be developed by Sorin. B. Sorin will maintain historical return flows, including non-irrigation season return flows by a combination of direct release at the respective ditch river headgates or return structures described above, and by recharge that will be developed within the farm boundaries as further described above. Furthermore, Sorin may develop other recharge sites along the Greeley No. 2 system. C. Other sources of replacement. Sorin may use other fully consumable water supplies that it may purchase or lease to offset stream depletions or replacement obligations including but not limited to municipal effluent, consumable water released from storage, transbasin water, or nontributary groundwater sources. a. Other sources of replacement water can be provided to the replacement location required, at the time required, provided that the amount of credit for such other sources shall have been previously determined by a decree for a changed water right or plan for augmentation or as allowed by the State or Division Engineer. In the case of transbasin or foreign sources, water imported into the South Platte River Basin by a transmountain diversion will be credited, absent such decree, at 100% of its volume. CONDITIONAL RECHARGE RIGHT a. Name of Structure: Benson Pond Recharge Facility. i. Legal Description: Benson Pond Recharge Facility will be constructed within the Benson Property located in the E1/2 of the NE1/4 of Section 2, Township 5 North, Range 65 West, 6th P.M.. Figure 3 identifies potential locations of recharge sites; however, the final location of such facilities may be modified to accommodate operations. ii. Source: Water available from the Cache La Poudre River and its tributaries. iii. Point of Diversion: NCLPIC Ditch: located as described in ¶4.A above, capacity 650 cfs. b. Name of Structure: Bickling North Pond Recharge Facility. i. Legal Description: Bickling North Recharge Facility will be constructed within the Bickling Property as described above, located in the E1/2 of the NW1/4 of Section 34, Township 6 North, Range 65 West. Figure 3 identifies potential locations of recharge sites; however, the final location of such facilities may be modified to accommodate operations. ii. Source: Water available from the Cache La Poudre River and its tributaries. iii. Point of Diversion: NCLPIC Ditch: located as described in ¶4.A above, capacity 650 cfs. c. Appropriation i. Date of Initiation of Appropriation: March 31, 2014 ii. How appropriation was initiated: By completion of related engineering studies and analysis and publication of the Application herein in the January, 2014 Water Division No. 1 Resume. iii. Beneficial Use: Not Applicable. d. Amount Claimed: 2,000 acre-feet per year, CONDITIONAL e. Uses: augmentation, replacement, recharge, and exchange for irrigation, commercial, and industrial purposes. Applicant will use the water to extinction. CONDITIONAL STORAGE RIGHT Applicant intends to construct storage facilities within the Bickling or Benson Property and has identified two potential locations for such facilities as described below. Since these structures have not been constructed, final configuration of the reservoirs may be modified, combined, or otherwise changed within the limitations provided herein. a. Name of Reservoir: Benson Reservoir No. 1 i. Legal Description: Benson Reservoir will be constructed within the Benson Property E1/2 of the NE1/4 of Section 2, Township 5 North, Range 65 West, 6th P.M., in Weld County, Colorado. See Figure 3. ii. Source: Water available from the Cache La Poudre River and its tributaries. iii. Name and capacity of ditch or ditches to fill reservoir and legal description: NCLPIC Ditch: located as described in ¶4.A above, capacity 650 cfs. iv. Date of Initiation of Appropriation: March 31, 2014 v. How appropriation was initiated: By completion of related engineering studies and analysis and filing the application herein. vi. Beneficial Use: Not Applicable. vii. Amount Claimed: 2,000 acre-feet, CONDITIONAL, fill and refill throughout the year, in combination with Bickling Reservoir as described below, or other structures that may be developed on the Benson Property. viii. Rate of diversion: 10.0 cfs, in combination with Bickling Reservoir. ix. Uses: irrigation, commercial, and industrial uses, including augmentation, exchange and reuse, storage, and recharge. Applicant will use the water to extinction. x. Surface Area: approximately 30 acres 1. Vertical height of dam: N/A, lined reservoir will be constructed in place and will be below grade and will be a non-jurisdictional dam. Benson Reservoir will be constructed as to not intercept ground water and will comply with the State Engineer’s Office lining criteria. 2. Length of dam: N/A xi. Total Capacity of Reservoir: 1,000 acre-feet CONDITIONAL 1. Active capacity: 1,000 acre-feet 2. Dead storage: 0 acre-feet b. Name of Reservoir: Bickling Reservoir i. Legal Description: Bickling Reservoir will be constructed within the Bickling Property as described above, or within the E1/2 of the NW1/4 of Section

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34, Township 6 North, Range 65 West, in Weld County, Colorado. ii. Source: Water available from the Cache La Poudre River and its tributaries. iii. Name and capacity of ditch or ditches to fill reservoir and legal description: NCLPIC Ditch: located as described in ¶4.A above, capacity 650 cfs. iv. Date of Initiation of Appropriation: March 31, 2014 v. How appropriation was initiated: By completion of related engineering studies and analysis and publication of the Application herein in the March, 2014 Division No. 1 Resume. vi. Beneficial Use: Not Applicable. vii. Amount Claimed: 2,000 acre-feet, CONDITIONAL, fill and refill throughout the year, in combination with Benson Reservoir as described above, or other structures that may be developed on the Bickling Property. Viii. Rate of diversion: 10.0 cfs, in combination with Benson Reservoir. ix. Uses: irrigation, commercial, and industrial uses, including augmentation, exchange and reuse, storage, and recharge. Applicant will use the water to extinction. x. Surface Area: approximately 20 acres 1. Vertical height of dam: N/A, lined reservoir will be constructed in place and will be below grade and will be a non-jurisdictional dam. Bickling Reservoir will be constructed as to not intercept ground water and will comply with the State Engineer’s Office lining criteria. 2. Length of dam: N/A xi. Total Capacity of Reservoir: 1,000 acre-feet CONDITIONAL 1. Active capacity: 1,000 acre-feet 2. Dead storage: 0 acre-feet CONDITIONAL UNDERGROUND RIGHT a. Name of Well: Coulson Wellfield i. Legal Description: The Coulson Wellfield will be developed by construction of one or more wells, including any replacement or additional wells to achieve the desired capacity, and will be constructed within the Coulson Property as described in ¶2 above, within the E1/2 of the NE1/4 of Section 2, Township 5 North, Range 65 West, 6th P.M, in Weld County Colorado. ii. Source: Groundwater tributary to the Cache La Poudre and South Platte River. iii. Depth of Well or Wells: approximately 75 feet. iv. Appropriation 1. Date of Initiation of Appropriation: March 31, 2014 2. How appropriation was initiated: By completion of related engineering studies and analysis and publication of the Application in the March, 2014 Water Division No. 1 Resume. 3. Beneficial Use: Not Applicable. v. Amount Claimed 1. 1,000 gpm, CONDITIONAL, not to exceed 1,600 acre-feet per year. vi. Uses: Agricultural, irrigation, commercial and industrial, augmentation and replacement, including storage and recharge. 1. Area to be irrigated: The area to be irrigated will not exceed 50 acres including landscaping on the Coulson Farm property as described in ¶2. b. Name of Well: Rumsey Wellfield i. Legal Description: The Rumsey Wellfield will be developed by construction of one or more wells, including any replacement or additional wells to achieve the desired capacity, and will be constructed within the Rumsey Property as described in ¶2 above, within the NW1/4 of Section 35, Township 5 North, Range 66 West, 6th P.M, in Weld County Colorado ii. Source: Groundwater tributary to the South Platte River. iii. Depth of Well or Wells: approximately 75 feet. iv. Appropriation 1. Date of Initiation of Appropriation: March 31, 2014 2. How appropriation was initiated: By completion of related engineering studies and analysis and publication of the Application in the March, 2014 Water Division No. 1 Resume. 3. Beneficial Use: Not Applicable. v. Amount Claimed 1. 1,000 gpm, CONDITIONAL, not to exceed 1,600 acre-feet per year. vi. Uses: Agricultural, irrigation, commercial and industrial, augmentation and replacement, including storage and recharge. 1. Area to be irrigated: The area to be irrigated will not exceed 50 acres including landscaping on the Rumsey Farm property as described in ¶2. NAMES AND ADDRESSES OF OWNERS OR REPUTED OWNERS OF LAND UPON WHICH STRUCTURES INVOLVED IN THIS APPLICATION ARE OR WILL BE CONSTRUCTED. a. Tipton, Martin, Davis-West, Bickling Farm c/o Sorin Natural Resource Partners LLC, 619 N. Cascade Ave. Suite 200, Colorado Springs, CO 80903 (Applicant). b. Benson Farm Mile Hi Investments, LLC, c/o Attn: Mark Goldstein, P.O. Box 273180, Fort Collins, CO 80527. c. The New Cache La Poudre Irrigation Company: The New Cache Ditch is owned by the New Cache La Poudre Irrigation Company, P. O. Box 104, Lucerne, CO 80646. Applicant is a shareholder. d. The Cache La Poudre Reservoir Company: The Greeley No. 2 Ditch is owned by the Cache La Poudre Reservoir Company, P. O. Box 104, Lucerne, CO 80646. Applicant is a shareholder. e. Sand Creek Augmentation Station: Central Colorado Water Conservancy District, 3209 West 28th Street, Greeley, CO 80634-7554. f. Coulson Farm c/o Big Thompson Investment Holdings, LLC, 1205 West Elizabeth Street, PMB 134, Fort Collins, CO 80521 (Applicant). g. Coulson Wellfield c/o Sorin Natural Resource Partners LLC, 619 N. Cascade Ave. Suite 200, Colorado Springs, CO 80903 (Applicant). h. Rumsey Farm c/o Sorin

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Natural Resource Partners, LLC, 619 North Cascade Avenue, Suite 200, Colorado Springs, CO 80903 (Applicant). i. Rumsey Wellfield c/o Sorin Natural Resource Partners, LLC, 619 North Cascade Avenue, Suite 200, Colorado Springs, CO 80903 (Applicant). MISCELLANEOUS MATTERS: A. A table of diversion records for the New Cache La Poudre Irrigation Company over the period of 1950 through 2012 is attached (Exhibit D). B. A copy of the Share Certificates for the subject shares of this proceeding is attached (Exhibits A and B). C. A copy of the Weld County plat re-zoning the Coulson Farm to Industrial/Commercial uses (PUDF13-001) (Exhibit C). E. The Applicants herein are the Applicants in Case No. 12CW179 in Water Division No. 1. AMENDMENTS 07CW30, The Consolidated Mutual Water Company, 12700 W. 27th Ave, Lakewood, CO 80215, (303) 238-0451. Evan D. Ela, Esq. and Joseph W. Norris, Esq., Collins Cockrel & Cole, P.C., 390 Union Blvd., #400, Denver, CO 80228, (303) 986-1551. First Amended Application for Change of Water Rights in ADAMS AND WELD COUNTIES. 1. Purpose of the First Amendment. The purpose of the original application in this matter is to establish Well Nos. 1-3, alluvial wells adjacent to the South Platte River, as alternate points of diversion for the originally decreed points of diversion for Perry Pit Reservoir. A significant issue is whether Well Nos. 1-3, which are permitted as “headgate wells,” are indeed headgate wells as determined by the Court that have no lagged multi-day depletive effects when pumping ceases. Applicant has conducted additional investigations into the depletive effects of Well Nos. 1-3 and desires to amend the Application to include an alternative claim for an augmentation plan in the event that it is determined, through the pendency of this case, that replacement of lagged depletions is necessary for the operation of any one, or more, of the subject wells. To accommodate the additional alternative claim for an augmentation plan, and in compliance with Rule 5 of this Court’s Administrative Order No. 12-04, this First Amended Application is a restatement of the original Application with the added additional alternative claim for an augmentation plan, and completely supersedes the original Application. Sections 6-8 of this First Amended Application contain the alternative claim for a plan for augmentation. 2. Name of Water Rights and Structure. Perry Pit East Reservoir (formerly known as Wattenburg Reservoir). 3. Description of the subject conditional water rights: a. Previous Decrees: (1) Perry Pit East Reservoir was originally decreed on June 14, 2000 in Case No. 97CW390, Findings and Ruling of the Referee and Decree of the Water Court, District Court, Water Division No. 1. (2) An amended final decree was issued on August 5, 2000, Amended Decree of the Water Court, by the District Court, Water Division No. 1. (3) Findings of reasonable diligence were granted by this Court in Case No. 06CW133 on May 25, 2007, by the District Court, Water Division 1. The name of the water right was changed in that decree to Perry Pit East Reservoir. (4) An application for findings of reasonable diligence is pending before this Court in Case No. 13CW3052. b. Description of Conditional Water Storage Rights: Perry Pit East Reservoir (fka Wattenburg Reservoir). (1) Legal Description of Reservoir Structure. Located in the NE/4 of Section 25, Township 1 North, Range 67 West of the 6th P.M. and the NW/4 of Section 30, Township 1 North, Range 66 West of the 6th P. M., Weld County, Colorado. The approximate centroid of the Perry Pit East Reservoir is located in Section 25, Township 1 North, Range 67 West of the 6th P.M. at a point 862 feet south of the north section line and 78 feet west of the east section line of said Section 25; UTM Easting of 514520.9 and Northing of 4430772.8, Zone 13 North, NAD83. (2) Points of Diversion for Filling Perry Pit East Reservoir. (a) Wattenburg Reservoir Pump Station: On the west bank of the South Platte River in the NW/4 of Section 30, Township 1 North, Range 66 West of the 6th P. M., Weld County, Colorado. The approximate location of this point of diversion is 1,075 feet east of the west section line and 875 feet south of the north section line of said Section 30. (b) Brighton Ditch Headgate: The Brighton Ditch headgate is located on the west bank of the South Platte River in the SE/4 of the SE/4 of the SE/4 of Section 11, Township 1 South, Range 67 West of the 6th P.M., Adams County, Colorado. (c) Point of Diversion of Slough Ditch No. 1: In the NE/4 of Section 25, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado, at a point located approximately 350 feet west of the east section line and 1,545 feet south of the north section line of said

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Section 25. (d) Point of Diversion of Slough Ditch No. 2: In the NE/4 of Section 25, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado, at a point located approximately 2,462 feet west of the east section line and 2,670 feet north of the south section line of said Section 25. (3) Source. (a) Wattenburg Reservoir Pump Station, and the Brighton Ditch: South Platte River. (b) Slough Ditch Nos. 1 and 2: Wastewater, drainage water and overland flow. (4) Date of Appropriation. December 31, 1997. (5) Storage Amount. 1,400 acre-feet active capacity, CONDITIONAL. (6) Filling Rates. (a) Wattenburg Reservoir Pump Station: 30 cfs. (b) Brighton Ditch: 60 cfs. (c) Slough Ditch No. 1: 5 cfs. (c) Slough Ditch No. 2: 3 cfs. (d) Uses. Augmentation, including replacement of evaporation from gravel pits, irrigation, industrial use in gravel mining operations, on-site recreation, fish propagation, wildlife habitat, dust suppression, and replacement and exchange for the above-referenced uses. Any augmentation or replacement use may only occur under a separate decreed augmentation plan or State Engineer approved substitute water supply plan. Any exchange of water released from the Perry Pit East Reservoir must be approved by the State Engineer, the Division Engineer or their employees or agents. Lands to be irrigated consist of 40 acres in the NE/4 of Section 25, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado. 5. Proposed Change: Three wells were constructed to divert water from the South Platte River at locations that vary slightly from the decreed location of the Wattenburg Reservoir Pump Station. This First Amended Application seeks to conform to the locations of actual construction by authorizing use of the three wells as alternate points of diversion for the conditional storage right. Consolidated does not seek to enlarge, expand or increase the decreed quantity of water which may be applied to beneficial use, nor to change the character, purpose or place of use of the subject water right. The three wells will operate as the Wattenburg Reservoir Pump Station was originally intended. The source of water for the wells remains the South Platte River. The originally decreed points of diversion are unaffected by this application. The locations of the proposed alternate points of diversion for the Wattenburg Reservoir Pump Station are: a. Well No. 1 (Permit No. 62953-F). At a point on the West bank of the South Platte River in the NW1/4 NW1/4 of Section 30, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 120 feet south of the north line and 975 feet east of the west line of said section. b. Well No. 2 (Permit No. 62954-F). At a point on the West bank of the South Platte River in the NW1/4 NW1/4 of Section 30, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 445 feet south of the north line and 1040 feet east of the west line of said section. c.Well No. 3 (Permit No. 62955-F). At a point on the West bank of the South Platte River in the NW1/4 NW1/4 of Section 30, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, approximately 710 feet south of the north line and 920 feet east of the west line of said section. d. Filling Rates. Diversion rate of 5 cfs for each well; 15 cfs combined. Claim for Alternative Plan for Augmentation 6. Structures to be Augmented. If delayed depletive effects to the South Platte River are proven to cause injury to other water rights with respect to the use of Wells No. 1, 2 or 3, the Applicant will operate a plan for augmentation to replace any such injurious lagged depletions. 7. Water Rights to be Used for Augmentation. a. Water stored in the Perry Pit East Reservoir by exercise of the water rights decreed for Perry Pit Reservoir. b. Reusable water available to Applicant in the South Platte River after such water is diverted and stored in the Perry Pit East Reservoir. c. Reusable effluent available to Applicant in the South Platte River after release from the Robert W. Hite Wastewater Reclamation Facility (Metro). 8. Description of Plan for Augmentation. a. Consolidated Mutual Water Company will use Well Nos. 1-3 to divert water available to it from the South Platte River. Well Nos. 1-3 have been permitted as headgate wells by the Office of the State Engineer, and Applicant believes that some, if not all, the wells can continue to operate as headgate wells without injurious lagged depletive effects. However, this Court has recognized that mere permitting of a headgate well is not dispositive when seeking a decree for a headgate well, and therefore the Applicant makes this alternative claim for a plan to replace any injurious lagged depletions proven to result from the subject wells during the adjudication of this Application. b. If lagged depletions do occur by the operation of Well Nos. 1-3, the depletions are expected to occur to the South Platte River in the vicinity of the wells and Perry Pit East Reservoir. Any depletions to the South Platte River resulting from well pumpage under this plan will be based on measured well withdrawals and will be lagged in accordance with the Glover analytical approach and site

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specific aquifer parameters. c. Out-of-priority depletions will be replaced by water provided to the South Platte River from the replacement sources listed in paragraph 7 above in timing and amount to match the injurious depletions. Applicant will submit daily accounting of such depletions and replacements as required by the Division Engineer. d. To the extent that operation of Well Nos. 1-3 do not cause injurious lagged depletions, this proposed plan for augmentation will not be needed and may be stricken from the final decree if not needed. (7 pages). 08CW175 City of Evans (“Evans”), 1100 37th Street, Evans, CO 80620, Telephone: 970-339-5344. Amended Application For Change Of Water Rights And Approval Of Plan For Augmentation in LARIMER AND WELD COUNTIES. Name, address, and telephone number of the Applicant, City of Evans (“Evans”), 1100 37th Street, Evans, CO 80620, Telephone: 970-339-5344. Pursuant to C.R.C.P. 15(a) and Rule 4 of the Uniform Local Rules for All State Water Court Divisions, Evans hereby amends its Application for Change of Water Rights and Approval of Plan for Augmentation (“Original Application”) filed in this matter on August 20, 2008, and published in the Division No. 1 August 2008 Water Resume. The Original Application sought a change of water rights and approval of plan of augmentation for 23 shares of the Godfrey Ditch Company. Evans has since acquired an additional share of the Godfrey Ditch Company and now includes that share in this Amended Application. I. CHANGE OF WATER RIGHTS. I.I. Decreed name of structures for which changes are sought from previous decree: The water rights for which changes are sought in this application are represented by Evans’ ownership of 24 shares in the Godfrey Ditch Company. The Godfrey Ditch Company is a mutual ditch company that owns the water rights decreed to Section No. 3 Ditch (commonly referred to as the Godfrey Ditch). A. Decree Information: The Godfrey Ditch was originally decreed in Case No. CA6009 with an original priority dated of March 10, 1870 for 26.88 cfs and an enlargement in the amount of 30.83 cfs with a priority date of March 15, 1873. The combined decreed diversion capacity is 57.71 cfs. The following table summarizes the Godfrey Ditch priorities.

Water Right Name

TS RNG SEC Q160 ADJ. DATE

APRO. DATE

CASE NO

USE TYPE

RATE (cfs)

Section No. 3 Ditch

4N 66W 3 SE 4/28/1883 3/10/1870 CA6009 IRR 26.88 cfs

Section No. 3 Ditch

4N 66W 3 SE 4/28/1883 3/15/1873 CA6009 IRR 30.83 cfs

B. Decreed point of diversion: Section 3, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. C. Source: The South Platte River. D. Use: Irrigation. A map showing the approximate location of the historical use of the shares is included as Exhibit A to this application, and a summary of diversion records is attached as Exhibit B to this application. 1.2 Proposed Changes. The shares included in this application were historically used to irrigate 193 acres of land under the Godfrey Ditch. Evans will not change the points of diversion at which water is diverted under the Godfrey Ditch rights; however, Evans seeks approval to change the place of use of the water rights represented by its 24 Godfrey Ditch Company shares so that it may utilize the consumptive use credit from the shares for storage, replacement, and augmentation uses. Evans proposes to secure the removal of 196.9 acres from irrigation. It is anticipated the subject 24 Godfrey Ditch Company shares will provide approximately 285.6 acre-feet of consumptive use credit on an annual basis. Pursuant to the augmentation plan described in section II below, Evans proposes to store this consumptive use credit in Nissen Reservoir, or alternate storage within the Central Colorado Water Conservancy District (CCWCD), to augment of depletions from pumping Well No. 1-1335 and a newly developed well owned by EnviroTech. In addition, the consumptive use credit may be used to satisfy return flow obligations associated with the change of shares in the Greeley and Loveland Irrigation Company, the Seven Lakes Reservoir Company and contract rights in the Loveland and Greeley Reservoir in Evans’ Case Nos. 96CW958 and 03CW314,

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and for lease and/or exchange to third parties, including EnviroTech and CCWCD for use as replacement supplies. 1.3. Names and addresses of owners of land on which structures are located: The Godfrey Ditch diversion structure is owned by the Godfrey Ditch Company, PO Box 607, 18269 WCR 394, La Salle, CO 80645. Nissen Reservoir is owned by Central Colorado Water Conservancy District, 3209 West 28th Street, Greeley, CO 80634. Well No. 1-1335 is located on lands owned by the City of Evans and the proposed EnviroTech well will be located on lands owned by EnviroTech 910 54th Ave, Suite 230, Greeley, CO 80634. II. PLAN FOR AUGMENTATION 2.1 Name of Structure to be augmented: Evans non-potable Well No. 1-1335 and proposed EnviroTech well. 2.2 Other water rights diverted from the structure?: No. 2.3 Previous decrees for water rights to be used for augmentation: Godfrey Ditch: See paragraph 1.1 above. Windy Gap Water Rights: Pursuant to allotment contracts with the Municipal Subdistrict of the Northern Colorado Water Conservancy District, the City of Evans is entitled to a portion of the yield from the Windy Gap transmountain water diversion project (“Windy Gap Water Rights”). The Windy Gap Water Rights, which are more particularly described in the decrees entered by the District Court, Water Division No. 5, on October 27, 1980, in Civil Action No. 1768 and in Case Nos. W-4001 and 80CW108, and/or on July 19, 1990, in Case No. 89CW298, are as follows: A. Decree Information: 1. Windy Gap Pump, Pipeline, and Canal. a. Date of Original Decree: October 27, 1980. b. Case No: District Court, Water Division No. 5, Civil Action No. 1768. b. Appropriation Date: June 22, 1967 c. Amount: 300 cfs, conditional. 2. Jasper Pump and Pipeline. a. Date of Original Decree: October 27, 1980. b. Case No: District Court, Water Division No. 5, Civil Action No. 1768. c. Appropriation Date: June 22, 1967. d. Amount: 300 cfs, conditional. 3. Windy Gap Reservoir. a. Date of Original Decree: October 27, 1980. b. Case No: District Court, Water Division No. 5, Civil Action No. 1768. c. Appropriation Date: June 22, 1967. d. Amount: 1,546.14 acre-feet, conditional. 4. Jasper Reservoir. a. Date of Original Decree: October 27, 1980. b. Case No: District Court, Water Division No. 5, Civil Action No. 1768. c. Appropriation Date: June 22, 1967. d. Amount: 11,291.58 acre-feet, conditional. 5. Windy Gap Pump, Pipeline, and Canal - First Enlargement. a. Date of Original Decree: October 27, 1980. b. Case No: District Court, Water Division No. 5, Case No. W-4001. c. Appropriation Date: July 9, 1976. d. Amount: 100 cfs, conditional. 6. Windy Gap Pump, Pipeline, and Canal - Second Enlargement. a. Date of Original Decree: October 27, 1980. b. Case No: District Court, Water Division No. 5, Case No. 80CW108. c. Appropriation Date: April 30, 1980. d. Amount: 200 cfs, conditional. The conditional decrees for the Windy Gap Pump, Pipeline and Canal and the Windy Gap Pump, Pipeline and Canal - First and Second Enlargements were made absolute in District Court, Water Division 5 Case No. 89CW298, on July 19, 1990. B. Decreed Locations or Points of Diversion: 1. Windy Gap Pump, Pipeline and Canal and Windy Gap Pump, Pipeline and Canal - First and Second Enlargements: A point on the north bank of the Colorado River whence the northwest corner of Section 25, Township 2 North, Range 77 West of the 6th P.M. bears north 17º30' west a distance of 2,380 feet. 2. Jasper Pump and Pipeline: A point on the North Bank of Willow Creek whence the southeast corner of Section 16, Township 2 North, Range 76 West of the 6th P.M. bears south 62º30' east a distance of 2,730 feet. 3. Windy Gap Reservoir: The Windy Gap reservoir is an onstream reservoir located in Sections 25 and 26, Township 2 North, Range 77 West of the 6th P.M. 4. Jasper Reservoir: Jasper Reservoir is an onstream reservoir located in portions of Sections 8, 16, 17, and 21, Township 2 North, Range 76 West of the 6th P.M. C. Source: 1. Windy Gap Pump, Pipeline and Canal and Windy Gap Pump, Pipeline and Canal - First and Second Enlargements: The Colorado River. 2. Jasper Pump and Pipeline: Willow Creek, a tributary of the Colorado River, through Jasper Reservoir. 3. Windy Gap Reservoir: The Colorado River. 4. Jasper Reservoir: The Colorado River and Willow Creek, a tributary of the Colorado River. D. Uses (for all structures): Municipal, irrigation, industrial, and recreational. 2.4 Statement of Plan for Augmentation: The subject Well No. 1-1335 was formerly operated pursuant to substitute water supply plans by the Groundwater Appropriators of the South Platte (GASP) and has been inactive since 2002. The EnviroTech well will be drilled under a newly issued well permit. The following table summarizes the location and decree information for Well No. 1-1335 and the proposed location for the EnviroTech well.

Well Name Permit Location Case Approp. Decreed

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Sect

Q40

Q160

T-R No. Date Amount

Well No. 1-1335 1335-R

29 NW

NE T5N-R65W

W-2258

1/19/1960 1.11 cfs

EnviroTech Well n/a 2 SW T4N-R66W

n/a n/a n/a

Evans proposes to include Well No. 1-1335 in a non-potable irrigation system serving the newly developed Riverside Meadows subdivision. The annual non-potable demand is estimated to be 51 acre-feet based upon the permitted irrigated area of 17 acres and an estimated gross annual demand of 3 acre-feet per acre. Net stream depletion is estimated at 42.3 acre-feet annually, assuming an irrigation efficiency of 83 percent. The non-potable irrigation system utilizes sprinkler application methods. Therefore, it is estimated that 15 percent of the total well pumping will return to the river by deep percolation and 2 percent will return by surface runoff. Depletions from the well will impact the South Platte River about 0.4 miles above the 37th Street bridge. The location of the stream depletions is approximately 1.6 miles above the Patterson Ditch river headgate and 4.0 miles above the Plumb Ditch river headgate. Evans will limit the amount of pumping from its non-potable irrigation well to 51 acre-feet of pumping annually. The ultimate pumping demand for the newly developed EnviroTech well is estimated at 45 acre-feet annually. The uses of the pumped water will include primarily the production of road base stabilization and de-icing products, which will result in 100 percent of the water being delivered off-site within the finished product. A small percentage of the groundwater diversion may be used for irrigation at the plant site. Diversions for commercial production will be 100 percent consumptive. Diversions for non-potable irrigation are estimated to be 83 percent consumptive. The irrigation system is expected to utilize sprinkler application methods. Because the well and irrigation are located a significant distance from the river, it is estimated that 17 percent of the total well pumping will return to the river by deep percolation and 0 percent will return by surface runoff. Replacement of injurious out-of-priority depletions will be achieved by the permanent dry-up of 196.9 acres of land historically irrigated by Evans’ shares of the Godfrey Ditch water right and by use of wholly consumable municipal return flow from Evans’ use of Windy Gap Project water supplies. It is anticipated the subject 24 Godfrey Ditch Company shares will provide approximately 285.6 acre-feet of consumptive use credit on an annual basis. Evans intends to divert its interest in the Godfrey Ditch water rights through the Godfrey Ditch river headgate, at the original point of diversion. After diversion through the headgate, Evans will release the deliveries to the South Platte River through the existing augmentation station owned by CCWCD pursuant to an agreement to use the station. A portion of the consumptive use credit will be delivered into Nissen Reservoir pursuant to agreement with CCWCD for storage and later release to the South Platte River for replacement. All replacement deliveries to the river will be reduced for conveyance losses calculated as one-half percent per mile from the point of delivery to the point of stream depletion caused by the well pumping. The distance from the Hill ‘N Park wastewater treatment facility (the uppermost wastewater treatment facility) to the point of furthest downstream stream depletion is 3.88 miles. The distance from the point of Godfrey Ditch water delivery to the point furthest downstream stream depletion is approximately 2 miles. Therefore, a conveyance loss of 2 percent is included for all Windy Gap water rights replacement deliveries and a conveyance loss of 1 percent is included for all Godfrey Ditch replacement deliveries. For replacement supplies delivered into Nissen Reservoir, an additional 2 percent conveyance loss will be included for the conveyance along 4 miles of river. Pursuant to an Intergovernmental Agreement (IGA) between the Applicant and CCWCD, CCWCD will be entitled to use up to 11 Shares out of the 24 shares of the Godfrey Ditch Company during the period of 2009 through 2023. In exchange, the Applicant will receive up to 70 acre-feet of storage space within Nissen Reservoir, or an alternate storage location within the CCWCD. Pursuant to the IGA, CCWCD is responsible for obtaining approval for the use of the 11 Shares and maintaining the historical return flows associated with those Shares. Applicant shall install and maintain such measuring devices and implement

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such accounting and reporting procedures as may be reasonably required by the Division Engineer for adequate administration of the water rights and plan for augmentation described in this application. 14CW3000, 303 Investments, LLC, 10374 E. Black Forest Drive, Parker, CO 80138 (James Petrock, Petrock & Fendel, 700 17th Street, #1800, Denver, CO 80202), AMENDED APPLICATION FOR UNDERGROUND WATER RIGHTS FROM NONTRIBUTARY AND NOT NONTRIBUTARY SOURCES AND FOR APPROVAL OF PLAN FOR AUGMENTATION, IN THE NONTRIBUTARY LOWER DAWSON, DENVER, ARAPAHOE AND LARAMIE-FOX HILLS AND THE NOT NONTRIBUTARY UPPER DAWSON AQUIFERS, DOUGLAS COUNTY. 257.4 acres generally located in the E1/2 of Section 16, T7S, R65W of the 6th P.M., Douglas County, as described and shown on Attachment A hereto (Subject Property). The original application was filed with this Court on January 10, 2014 and requests adjudication of Denver Basin groundwater associated with the 257.4 acres and approval of a plan for augmentation for use of up to 51 acre-feet per year of not nontributary Upper Dawson aquifer groundwater through up to 51 individual wells. By this amended application Applicant requests that the augmentation plan be amended to allow withdrawal of 60 acre-feet per year of Upper Dawson aquifer through up to 60 individual wells. No other parts of the original application are being changed. Further, Applicants pray that this Court grant the application and for such other relief as seems proper in the premises. (6 pages). 14CW3017 The Groundwater Management Subdistrict of the Central Colorado Water Conservancy District (District), 3209 West 28th Street, Greeley, Colorado 80634. C/O Lawrence Jones Custer Grasmick LLP, 5245 Ronald Reagan Blvd, Suite 1, Johnstown, CO, 80534 (970)622-8181. Amended Application to Add Wells to Augmentation Plan in WELD COUNTY. 2. Augmentation Plan and Amendment. Applicant operates an augmentation plan decreed in Case No. 02CW335. ¶14.5 of the decree in Case No. 02CW335 (Decree) allows the addition of wells to the plan subject to notice and terms and conditions. This Amendment replaces the original Application in its entirety. The amendment is to correct the Glover factors for Wagner Well 1-R11720 set out in Table 1. 3. Structures to be Added and Augmented. 3.1. Decreed Name of Structures to be Added and Augmented. Schott Well No. 13597 (WDID 0108313); Born Farms Well No. 10523 (WDID 0105781); Born Farms Well No. 10524 (WDID 0105782); Wagner Well No. 1R11720 (WDID 0208475); Rosenbrock Well No. 2-11656 (WDID 0207836). 3.2. Name and Address of Well Owners. Roline M. Foos 2613 52nd Avenue, Greeley, CO 80634 (R-13597); Steven, Paul and Lisa Foos 23435 WCR 61, Kersey, CO 80644 (10523, 10524); Greg and Sheree Johnson, 22455 WCR 49, LaSalle, CO 80645 (1R11720); Sakata Farms, Inc. P.O. Box 508 Brighton, CO 80601 (11656). 3.3. Schott Well No. 13597 Decree. A decree was entered in Water Court, Water Division No. 1, Case No. W-1667 on October 15, 1987, adjudicating Schott Well No. 13597 in the SE1/4 SW1/4 Section 11, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado at a point 1501 feet east of the SW corner of Section 11, in the amount of 1.74 c.f.s absolute with an appropriation date of July 31, 1954 for irrigation of 80 acres on one-half of the SW1/4 of Section 11. 3.4. Born Farms Well No. 10523 Decree. A decree was entered in Civil Action No. 16704, Claim No. 373, Decree No. 467 on March 26, 1971, adjudicating Born Farms Well No. 10523 in the NE1/4 SE1/4 Section 27, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado at a point 1100 feet West and 1335 feet North of the SE section corner, in the amount of 900 g.p.m. (2.00 c.f.s.) absolute with an appropriation date of Spring, 1938 for agricultural purposes. 3.5. Born Farms Well No. 10524 Decree. A decree was entered in Civil Action No. 16704, Claim No. 373, Decree No. 468 on March 26, 1971, adjudicating Born Farms Well No. 10524 in the NW1/4 SE1/4 Section 27, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado at a point 1506 feet West and 1342 feet North of the SE section corner, in the amount of 900 g.p.m. (2.00 c.f.s.) absolute with an appropriation date of Spring, 1938 for agricultural purposes. 3.6. Wagner Well No. 1R11720 Decree. A decree was entered in Water Court, Water Division No. 1, Case No. W-1630 on August 29, 1974, adjudicating Wagner Well No. 1R11720 in the SW1/4 SE1/4 Section 10, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado at a point 200 feet North and 10 feet East of the S1/4 corner of Section 10, in the

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amount of 2.2 c.f.s absolute with an appropriation date of June 20, 1954 for irrigation of 160 acres in the SE1/4 of Section 10. 3.7. Rosenbrock Well No. 2-11656 Decree. A decree was entered in Water Court, Water Division No. 1, Case No. W-3747 on January 31, 1974, adjudicating Rosenbrock Well No. 2-11656 in the SW1/4 SW1/4 Section 32, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado at a point 35 feet North and 110 feet East of the SW corner of Section 10, in the amount of 3.02 c.f.s absolute with an appropriation date of July 18, 1955 for irrigation of 120 acres in the S1/2 and the NE1/4 SW1/4 of Section 32. 3.8. Schott Well No. 13597, Contract 1086. This well is covered by GMS Contract 1086, Exhibit 1, approved January 21, 2014 and allows 25 acre feet of depletion per year at 100% quota for the irrigation of no more than 125 acres also irrigated by surface water. A Petition to Transfer Water Allotment Contract was filed with GMS on July 2, 2013, Exhibit 2, pursuant to GMS Policy Regarding the Exchange and Transfer of Water Allotment Contracts adopted March 20, 2012. The transfer was 25 acre feet of depletion per year at 100% quota from GMS Contract 539. 3.9. Born Farms Wells Nos. 10523, 10524, Contract 1087. These wells are covered by GMS Contract 1087, Exhibit 3, approved January 21, 2014 which allows 26.33 acre feet of depletion per year at 100% quota for the irrigation of no more than 220 acres also irrigated by surface water. A Petition to Transfer Water Allotment Contract was filed with GMS on July 2, 2013, Exhibit 4, pursuant to GMS Policy adopted March 20, 2012. The transfer was 26.33 acre feet of depletion per year at 100% quota from GMS Contract 539. 3.10. Wagner Well No. 1R11720, Contract 1088. This well is covered by GMS Contract 1086, Exhibit 5, approved January 21, 2014 and allows 76.78 acre feet of depletion per year at 100% quota for the irrigation of no more than 65 acres. A Petition to Transfer Water Allotment Contract was filed with GMS on July 30, 2013, Exhibit 6, pursuant to GMS Policy adopted March 20, 2012. The transfer was 66.73 acre feet of depletion per year at 100% quota from GMS Contract 554. 3.11. Rosenbrock Well No. 2-11656, Contract 1089. This well is covered by GMS Contract 1086, Exhibit 7, approved January 21, 2014 and allows 10 acre feet of depletion per year at 100% quota for the irrigation of no more than 110 acres also irrigated by surface water. Two Petitions to Transfer Water Allotment Contracts were filed with GMS on September 30, 2013, Exhibit 8, pursuant to GMS Policy adopted March 20, 2012. The transfer was 5 acre feet of depletion per year at 100% quota from GMS Contract 481, and a transfer of 5 acre feet of depletion per year at 100% quota from GMS Contract 479. 4. Proposed Terms and Conditions. 4.1. The terms and conditions for the Wells will be the same as for the other Member Wells in the Decree. The consumptive use factors will be 60% for flood irrigated acres and 80% for sprinkler irrigated acres. The method for determining future Well depletions will be those set out in the Decree at ¶17.3.3.2. The Wells will be subject to all the terms and conditions for operation as for other Member Wells in the Decree.

4.2. Net Stream Depletions. Depletions resulting from the consumptive use of groundwater and accretions resulting from deep percolation of groundwater applied for irrigation will be lagged back to the South Platte River using the Glover alluvial aquifer method and the following parameters.

Well GMS Depletions

Permit No. WDID Well Name Glover Factors

Reachx (ft) w (ft) sy T (gpd/ft)

13597-R 0108313 Schott Well 13597 2,754 9,676 0.2 77,617 E

10523-R 0105781 Born Farms Well 10523 707 4,579 0.2 88,113 E

10524-R 0105782 Born Farms Well 10524 47 4,579 0.2 93,131 E

11720-R 0208475 Wagner Well 1-R11720 500 3,000 0.2 200,000 D

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4.3. Out of priority depletions from pumping of the Wells will be augmented by GMS. Due to the transfer of allotment the Wells depletions will be not be increased and will not impact GMS ability to augment depletions for 2014 or future years.

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 MAY 2014 (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. **BOULDER COUNTY** Notice of National Register Nomination for the Cherryvale Ranch District, Cherryvale Road between Baseline Road and Marshall Drive, Boulder vicinity (5BL.12809), BOULDER COUNTY, which includes the following ditch segments: Anderson Extension Ditch Segment (no ID), Church Mine Ditch #1 (no ID), Church Mine Ditch #2, (no ID) Davidson Ditch Segment (WDID 6 567), Davidson Ditch Culvert E-16-FD (no ID), East Boulder Ditch Segment (WDID 6 575), Enterprise Ditch Segment (WDID 6 576), Goodhue Ditch Segment (WDID 6 650), Howard Ditch Segment (WDID 6 580), Marshalville Ditch Segments (no ID), McGinn Ditch Segment (WDID 6 586), New Dry Creek Carrier Ditch Segment, also known as New Dry Creek Ditch Segment, (WDID 6 902), Schearer Ditch Segments (WDID 6 592), and South Boulder Canyon Ditch Segment (No ID). Applicant: Edward C. Nichols, State Historic Preservation Officer, History Colorado, 1200 Broadway, Denver, CO (contact: Heather Peterson, State & National Register Historian, History Colorado, 303-866-4684 or [email protected]) Owners of private property nominations to the National Register have an opportunity to concur with or object to listing in accord with the National Historic Preservation Act and 36 CFR 60. Any owner or partial owner of an individually nominated property who chooses to object to National Register listing may submit to the State Historic Preservation Officer (SHPO) a notarized statement certifying that the party is the sole or partial owner of the private property and objects to the listing. Each owner, be it individual or corporation, has one vote. In a historic district, each owner or partial owner of the property in the district may also object to the district listing by submitting a notarized statement to the SHPO that the party is the sole or partial owner of the private property within the boundaries of the historic district. Each owner or partial owner within a historic district has one vote regardless of the number of properties owned in the district. If the majority of owners in a historic district object, the district will not be listed. However, the SHPO shall submit the nomination to the Keeper of the National Register for a determination of eligibly of the property for listing in the National Register. If the property is determined eligible for listing, although not formally listed, Federal agencies will be required to allow the Advisory Council on Historic Preservation the opportunity to comment before the agency may fund, license, or assist a project which will affect the property. If you choose to object to the listing of your property, the notarized objection must be submitted by May 13, 2014, to: Edward C. Nichols, State Historic

11656-R 0207836 Rosenbrock Well 2-11656 4,297 6,321 0.2 75,008 F

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Preservation Officer, History Colorado, 1200 Broadway, Denver, CO 80203. If you wish to comment on the nomination of the property to the National Register, please send your comments to the State Historic Preservation Office before the Colorado Historic Preservation Review Board considers this nomination on May 16, 2014.