PUBLIC NOTICE

DIVISION 5 WATER COURT - AUGUST 2019 RESUME

11. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF AUGUST 2019. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred.

19CW3098 (09CW188) FREMONT PASS DITCH COMPANY, a Colorado Mutual Ditch Company (“FPDC” or “Applicant”), 15151 East Alameda Parkway, Suite 3600 Aurora, Colorado 80012-1555 E-Mail: tsimpson@auroragov.org, Telephone: (719) 254-7984. Attorneys John M. Dingess, Austin Hamre and Teri L. Petitt, Hamre, Rodriguez, Ostrander & Dingess, P.C., 3600 S. Yosemite Street, Suite 500, Denver, Colorado 80237-1829, phone (303) 779-0200, fax (303) 779-3662, mail@hrodlaw.com, jdingess@hrodlaw.com, ahamre@hrodlaw.com; poolteri@hrodlaw.com. APPLICATION FOR FINDING OF REASONABLE DILIGENCE IN ADAMS, ARAPAHOE, CHAFFEE, DOUGLAS, EAGLE, JEFFERSON, LAKE, PARK, SUMMIT AND WELD COUNTIES, COLORADO. This Application seeks a finding of reasonable diligence on direct flow and storage water rights originally decreed in Water Division 5, Case No. 09CW188 (hereinafter referred to as the “Original Decree”). The Fremont Pass Ditch Company (“FPDC” or “Applicant”) was formed pursuant to C.R.S. § 7-42-101, et seq. and § 7-121-101, et seq. The shareholders of the FPDC are the City of Aurora, Colorado, a municipal corporation of the Counties of Adams, Arapahoe and Douglas, acting by and through its Utility Enterprise (“Aurora”), and the Climax Molybdenum Company, a Delaware Corporation (“Climax”). 2. NAME OF STRUCTURE: Columbine Ditch. 3. DESCRIPTION OF CONDITIONAL WATER RIGHT (hereinafter, “Junior Columbine Water Right”): 3.1. Original Decree: Case No. 09CW188, Water Division No. 5, District Court, Colorado, dated August 4, 2013. 3.2. Source: Three unnamed branches of the East Fork of the Eagle River, as well as snowmelt, sheet flow and surface runoff tributary to the East Fork above the line of said ditch and from other water along the course of the ditch. 3.3. Amount: 60 cfs (average over a 24 hour period), conditional. 3.4. Appropriation Date: December 17, 2009. 3.5. Names and Legal Descriptions of Structures: 3.5.1. Columbine Ditch. The Columbine Ditch is located in portions of Sections 4, 5, 6 and 9, Township 8 South, Range 79 West, 6th P.M. in Eagle and Lake Counties, Colorado. As depicted in Exhibit A hereto, the Columbine Ditch starts at Headgate No. 1, which is the furthest northwest, and runs generally southeast to Headgate No. 2, then to Headgate No. 3, then across the Continental Divide at Columbine Pass and discharges the collected waters into the West Branch of Chalk Creek, a tributary of the Arkansas River. Surface runoff is diverted by the ditch along its entire course in Eagle County. Three unnamed branches of the East Fork of the Eagle River are intercepted by the ditch at the following points: 3.5.1.1. Headgate No. 1 is situate at a point from whence the southeast corner of Section 5, Township 8 South, Range 79 West of the 6th P.M. bears South 55°39' East a distance of 7127.6 feet. The UTM coordinates of this headgate are in Zone 13 North and are as follows: Northing 4360235m, Easting 392178m. 3.5.1.2. Headgate No. 2 is situate at a point from whence the said southeast corner of Section 5, Township 8 South, Range 79 West of the 6th P.M. bears South 57°29' East a distance of 4957.3 feet. The UTM coordinates of this headgate are in Zone 13 North and are as follows: Northing 4359871.841m, Easting 392690.277m. 3.5.1.3. Headgate No. 3 is situate at a point from whence the said southeast corner of Section 5, Township 8 South, Range 79 West of the 6th P.M. bears South 65°38' East a distance of 1091 feet. The UTM coordinates of this headgate are in Zone 13 North and are as follows: Northing 4359186.678m, Easting 393634.282m. 3.5.2. Following diversion, some of the water may be stored for subsequent use by Climax in various storage structures in Water Division 5, as more fully identified in the Decree entered in 09CW188. See map attached hereto as Exhibit B-1. 3.5.2.1. Robinson Reservoir. Robinson Reservoir is a 3,136 acre feet reservoir located in the Southeast ¼ of Section 33 and the Southwest ¼ of Section 34, both in Township 7 South, Range 79 West, 6th P.M. in Eagle County, Colorado. The UTM coordinates of this headgate are in Zone 13 South and are as follows: Northing 4361354m, Easting 395273m. 3.5.2.2. Chalk Mountain Reservoir. Chalk Mountain Reservoir is a 204.1 acre feet reservoir located in the Southwest ¼ of Section 34, Township 7 South, Range 79 West, 6th P.M. in Eagle County, Colorado. The UTM coordinates of this headgate are in Zone 13 South and are as follows: Northing 4361136m, Easting 395660m. 3.5.2.3. Buffehr’s Lake. Buffehr’s Lake is a 102.8 acre feet reservoir located in the Southwest ¼ of Section 2, Township 8 South, Range 79 West, 6th P.M. in Summit County, Colorado. The UTM coordinates of this headgate are in Zone 13 South and are as follows: Northing 4359679m, Easting 397255m. 3.5.2.4. Climax Mine Underground Levels. The Climax Mine Underground Levels have a storage capacity of approximately 1,223 acre feet and are located beneath the South ½ of Section 1, and the North ½, the Southeast ¼, and the North ½ of the Southwest ¼ of Section 12, all in Township 8 South, Range 79 West, 6th P.M., in Lake County, Colorado. The UTM coordinates of this headgate are in Zone 13 South and are as follows: Northing 4358458m, Easting 399164m. 3.5.2.5. Mayflower Pond. The Mayflower Pond presently is an approximately 7,960 acre feet tailings pond in the Southwest ¼ of Section 13, the Southeast ¼ of Section 14, the Northwest ¼ of Section 24, and most of Section 23, all in Range 79 West, Township 7 South, 6th P.M. in Summit County, Colorado. The size of the Mayflower Pond may be expanded or reduced in the future as a result of mining and milling operations. The UTM coordinates of this headgate are in Zone 13 South and are as follows: Northing 4365381m, Easting 398355m. 3.5.2.6. Tenmile Pond. Tenmile Pond presently is an approximately 4,730 acre feet tailings pond in most of Section 26, the East ½ of Section 27, the Northeast ¼ of Section 34, and the Northwest ¼ of Section 35, all in Township 7 South, Range 79 West, 6th P.M. in Summit County, Colorado. The size of Tenmile Pond may be expanded or reduced in the future as a result of mining and milling operations. The UTM coordinates of this headgate are in Zone 13 South and are as follows: Northing 4362782m, Easting 397101m. 3.5.2.7. Robinson Pond. Robinson Pond presently is an approximately 500 acre feet tailings pond in the Southwest ¼ of Section 27, the Northwest ¼ and the East ½ of Section 34, and the West ½ of Section 35, all in Township 7 South, Range 79 West, 6th P.M.; also in the East ½ of Section 3 and the West ½ of Section 2, both in Township 8 South, Range 79 West, 6th P.M. in Summit County, Colorado. The size of Robinson Pond may be expanded or reduced in the future as a result of mining and milling operations. The UTM coordinates of this headgate are in Zone 13 South and are as follows: Northing 4361422m, Easting 397036m. 3.5.3. Following diversion and export from Water Division 5, some of the water may be stored for subsequent use in various storage structures in Water Division 2. As more fully identified and described in the Decree entered in 09CW188, the structures identified below are included herein for advisory purposes only and shall not preclude storage at other locations in Division 2. These structures are identified on the map attached hereto as Exhibit B-2. 3.5.3.1. Jones Gravel Pit. The UTM coordinates of this headgate are in Zone 13 South and are as follows: Northing 4347225m, Easting 384726m. 3.5.3.2. Turquoise Reservoir. WDID 1103500, UTM X 381548, UTM Y 4345718. 3.5.3.3. Box Creek Reservoir. WDID 1103545, UTM X 384353, UTM Y 4331827. 3.5.3.4. Twin Lakes Reservoir. WDID 1103503, UTM X 387247, UTM Y 4326098. 3.5.3.5. Clear Creek Reservoir. WDID 1103504, UTM X 392180, UTM Y 4319897. 3.5.4. Following diversion and export from Water Division 5, some of the water may be stored for subsequent use in various storage structures in Water Division 1. As more fully identified and described in the Decree entered in 09CW188, the structures identified below are included herein for advisory purposes only and shall not preclude storage at other locations in Division 1. These structures are identified on the maps attached hereto as Exhibits B-3, B-4 and B-5. 3.5.4.1. Spinney Mountain Reservoir. WDID 2304013, UTM X 444400, UTM Y 4315300. 3.5.4.2. Strontia Springs Dam and Reservoir Complex. WDID 0803983, UTM X 488500, UTM Y 4364150. 3.5.4.3. Aurora Rampart Reservoir. WDID 0803504, UTM X 494400, UTM Y 4366800. 3.5.4.4. Quincy Reservoir. WDID 0203375, UTM X 519000, UTM Y 4387300. 3.5.4.5. Aurora Reservoir. WDID 0203379, UTM X 529000, UTM Y 4385000. 3.5.4.6. East Reservoir Complex. WDID 0203380. 3.5.4.7. Aquifer Recharge and Recovery Facility B (“ARR-B”) and Aurora Tucson South-South Platte Storage Facility Subunits (“Tucson South”). WDID 0200511 and WDID 0200512, UTM X 513894.1, UTM Y 4427060.5. 3.5.4.8. Challenger Gravel Pit Reservoir. WDID 0203930, UTM X 513700, UTM Y 4427500. 3.5.4.9. Kirby-Dersham Gravel Pit Reservoir. WDID 0203386, UTM X 513900, UTM Y 4428200. 3.5.4.10. Robert W. Walker Reservoir (“Walker South”). WDID 0203358, UTM X 514300, UTM Y 4428000. 3.5.4.11. Stillwater Ranch Reservoir (“Walker North”). WDID 0203358, UTM X 514300, UTM Y 4428000. 3.5.4.12. Aquifer Recharge and Recovery Facility A (“ARR-A"). WDID 0203042, UTM X 513750, UTM Y 4433000. 3.5.4.13. Fort Lupton Reservoir Complex No. 1. WDID 0203504, UTM X 515339.2, UTM Y 4433435. 3.6. Uses: 3.6.1. Types of Use: Municipal, domestic and industrial purposes including, but not limited to: fire protection; irrigation of lawns, gardens, parks, private and municipal facilities; sanitary; commercial; manufacturing; mining purposes; milling purposes, including but not limited to flotation, drying, and in scrubbers, and to transport tailing slurry to Climax’s Robinson, Tenmile and Mayflower tailings impoundments, and in processing waste rock and to settle out tailing in the decant water pool; concrete batching; mechanical use; recreational purposes; creation and maintenance of wetlands; stock watering; fish and wildlife propagation; snowmaking; reclamation; revegetation; dust suppression; reservoir evaporation replacement; augmentation; exchange; and replacement purposes, for use, reuse for successive uses, disposition following initial use, and reuse until extinction. 3.6.1.1. To the extent the water diverted pursuant to this appropriation is used in Water Division 5, FPDC’s shareholders have the intent and ability to use, reuse, successively use and use to extinction all such water, and have the ability to adequately distinguish return flows resulting from such use from other waters of the stream. 3.6.2. Places of Use: 3.6.2.1. The water diverted by the Columbine Ditch will be used by Climax Molybdenum Company at its Climax Mine and ancillary facilities, including the Jones Gravel Pit. The Climax Mine presently consists of approximately 22 square miles located at the headwaters of Tenmile Creek, the East Fork Arkansas River, and the East Fork of the Eagle River, in parts of sections 7, 18, 19, and 31, Township 7 South, Range 78 West, 6th P.M.; sections 12, 13, 14, 15, 21, 22, 23, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35, and 36, Township 7 South, Range 79 West, 6th P.M.; sections 6, 7, and 18, Township 8 South, Range 78 West, 6th P.M.; and sections 1, 2, 3, 4, 5, 10, 11, 12, 13, and 14, Township 8 South, Range 79 West, 6th P.M. in Lake, Summit and Eagle counties. The Jones Gravel Pit is located in the East half of Township 9 South, Range 80 West, of the 6th P.M., approximately two miles northwest of the town of Leadville, in Lake County, Colorado, as located in Exhibit B-2. After first use in Climax’s system, the unconsumed portion of the water can be reused through its existing facilities, directly or by exchange within its system, or such water may be released to meet Climax’s replacement obligations, if any. 3.6.2.2. The water diverted by the Columbine Ditch will also be used by the City of Aurora throughout its current and future service areas served by its municipal water supply and water reuse systems and any areas within the South Platte River Basin capable of being served by the existing and future infrastructure of Aurora’s municipal water supply system, including areas served by its connections with other systems, and to meet any water replacement obligations pursuant to Aurora’s water court decrees existing now or hereafter, as well as those water supply contracts of Aurora existing as of the date this decree is entered. Currently, Aurora is located in Township 3 South, Ranges 64, 65, 66 and 67 West, 6th P.M. in Adams County; Township 4 South, Ranges 64, 65, 66 and 67 West and Township 5 South, Ranges 65, 66 and 67 West, 6th P.M. in Arapahoe County; and Township 6 South, Ranges 65 and 66 West, 6th P.M. in Douglas County. Aurora’s service area has changed from time to time and will continue to do so. Aurora may also use the water to meet replacement obligations pursuant to Aurora’s water court decrees in Water Division 2 existing now or hereafter, as well as those water supply contracts of Aurora existing as of the date of the Original Decree. For purposes of this decree, existing contracts shall include new contracts extending or replacing contracts for existing obligations. 3.7. Remarks: A 60 cfs appropriation for the Columbine Ditch was decreed in Civil Case No. 963, District Court for Eagle County, on October 3, 1936. That senior Columbine Ditch water right was subsequently changed in WD-5, Case No. 90CW340, wherein volumetric limits were imposed to confine diversions pursuant to the original appropriation to historical levels prior to the change. Those volumetric limits remained intact when the senior Columbine Ditch water right was further changed in WD-5, Case No. 09CW187, adjudicated concurrently with the adjudication of the Junior Columbine Water Right. The purpose of the Junior Columbine Water Right is to divert and store water in excess of the single year, 20-year, and 60-year volumetric limits to which the original Columbine Ditch appropriation, as changed, is subject. 4. DETAILED OUTLINE OF WHAT HAS BEEN DONE TOWARD COMPLETION OR FOR COMPLETION OF THE APPROPRIATIONS AND APPLICATION OF WATER TO A BENEFICIAL USE AS CONDITIONALLY DECREED: During the diligence period of August 4, 2013 through August 31, 2019, FPDC and its shareholders performed the following work and made the following expenditures toward completion of the appropriations and application of the water rights decreed in the Original Decree to beneficial use (expenditure numbers are rounded to the nearest $1,000): 4.1. Project Specific Efforts: FPDC and its shareholders have done at least the following project specific work toward completion of the appropriations and application of the conditional water right decreed in Case No. 09CW188 to beneficial use: 4.1.1. Columbine Ditch Assessments. During the diligence period, the members of the FPDC paid $219,000 in ditch assessments for the Columbine Ditch. 4.1.2. Legal Constraints on Diversions. FPDC and its shareholders have taken all reasonable actions to be prepared to divert water under the Junior Columbine Water Right when water is legally available to it. The ditch is in existence, but cannot be enlarged. As indicated in Paragraph 3.7, above, water is not legally available to the Junior Columbine Water Right except at times diversions by the senior Columbine Ditch water right are precluded due to its volumetric limitations. Diversions occurring between the entry of the 90CW340 decree and the 09CW187 decree demonstrated that the existing ditch is capable of diverting water in greater long-term average annual volumes than the volumetric limits imposed in 90CW340. FPDC is taking all water legally and physically available under the senior Columbine Ditch Water Right, and must wait until the conditions allowing lawful diversions under the Junior Columbine Water Right naturally occur in order to make the latter water right absolute. 4.1.3. Legal Activities: During the subject diligence period, the members of the FPDC spent in excess of $10,000 on legal activities directly related to the water right at issue herein. Additionally, the members of the FPDC spent in excess of $18,000 on legal activities directly related to the subject mutual ditch company. 4.2. System-wide Efforts: Pursuant to the Original Decree, this water right is part of unified extensive systems operated by its shareholders for the collection, treatment and distribution of water. For the purposes of showing diligence as to completion of the appropriative rights originally decreed in Case No. 09CW188, diligence as to any part of the FPDC, or its shareholders’ water rights systems used to operate or benefiting from this water right shall be diligence as to the completion of this water right. During this diligence period, FPDC and its shareholders have done at least the following system-wide work that will be used to operate or benefit the remaining conditional water right: 4.2.1. Assessments Paid for Use of Twin Lakes Reservoir: During this diligence period $391,000 in annual assessments was paid by Aurora to the Twin Lakes Company, which allows for the storage of water diverted pursuant to the FPDC water rights. 4.2.2. Intergovernmental Agreement with SECWCD: On October 3, 2003, Aurora entered into an Intergovernmental Agreement with the Southeastern Colorado Water Conservancy District (“SECWCD”), replacing an agreement between the parties dated December 7, 2001. Under this new IGA, Aurora and SECWCD agreed to support proposed federal legislation relating to the Fryingpan-Arkansas Project to include, among other things, re-operations of the existing water storage facilities, studies for enlargements to Pueblo and Turquoise Reservoirs, and confirming the authority of the Bureau of Reclamation to enter into contracts with Aurora for use of the facilities including long-term contracts. Aurora’s ability to use Fryingpan-Arkansas facilities is expanded under this IGA and Aurora is obligated to make certain payments to SECWCD in consideration for the expanded use. Under this IGA, SECWCD also agrees not to oppose Aurora’s attempts to contract with the Bureau of Reclamation for use of the Fryingpan-Arkansas Project facilities, to facilitate delivery of Aurora’s water, and to settle opposition to each other’s water court applications, including this case. During this diligence period, Aurora made payments of more than $950,000 to SECWCD under this IGA. 4.2.3. Rampart Reservoir and Delivery System: More than $17,709,000 was spent by Aurora during this diligence period for improvements to the Rampart Reservoir delivery system. This reservoir is used to store the water pumped from the Arkansas River Basin and transported to the South Platte River before it is transported through parallel 54” and 40” pipelines to Aurora. Rampart Reservoir is important for regulation of the flow through these parallel pipelines. 4.2.4. Metro Wastewater Reclamation District Charges: Aurora expended at least $152,277,000 during this diligence period for fees for wastewater treatment of its water at the Metro Wastewater Reclamation facility. Such treatment is necessary for release of this water into the South Platte River Basin. This work is necessary for reuse within the South Platte River Basin of the water from the Columbine Ditch and also to comply with water reuse requirements. 4.2.5. Sand Creek Water Reuse Plant Improvements: Aurora operates this 5-million-gallon per day facility that provides treated water used for irrigation throughout the City and for discharge into Sand Creek. Improvements to this facility completed during this diligence period cost at least $2,801,000. Aurora also expended an additional $7,047,000 in operating costs for the Sand Creek plant. This work is necessary for reuse within the South Platte River Basin of the water from the Columbine Ditch and also to comply with water reuse requirements. 4.2.6. Griswold Water Treatment Plant Renovations: This facility treats a portion of the raw water from the Columbine Ditch and then transported to the South Platte Basin and to Aurora, before it is delivered to Aurora’s customers. More than $7,193,000 was spent by Aurora during this diligence period for improvements to this facility necessary to accommodate in part the water from the Columbine Ditch. This includes expenditures directly by Aurora for renovation of the facility. 4.2.7. Wemlinger Water Treatment Plant Expansion: During this diligence period, Aurora spent $38,990,000 for improvements to the Wemlinger Water Treatment Plant. This facility treats a portion of the raw water from the Columbine Ditch and then transported to the South Platte Basin and to Aurora, before it is delivered to Aurora’s customers. 4.2.8. Prairie Waters Project: The Prairie Waters Project is a large comprehensive water supply, storage and treatment project in which return flows to the South Platte River from Aurora’s water sources, including the water from the Columbine Ditch, may be rediverted for subsequent reuse. To facilitate this project Aurora obtained various decrees in Case Nos. 06CW104, 03CW414, and 03CW415, Water Division 1. This project allows further reuse of much of the water decreed to Aurora. During the diligence period, Aurora obtained a decree in Case No. 13CW3088, WD-1, finding reasonable diligence for the water rights decreed conditionally in 03CW414 (decreed April 22, 2014); Aurora obtained a decree in Case No. 14CW3065, WD-1, finding reasonable diligence for the water rights decreed conditionally in 03CW415 (decreed March 2, 2015), and Aurora obtained a decree in Case No. 15CW3064, WD-1, finding reasonable diligence and making absolute a portion of the rights decreed conditionally in Case No. 06CW104, WD-1. Aurora has expended at least $41,534,000 on several elements of the Prairie Waters Project during this diligence period. 4.2.9. Lawn Irrigation Return Flows (LIRFs) Credits: Aurora obtained a decree in WD-1, Case No. 02CW341, Water Division 1, on September 25, 2008, quantifying LIRFs from its municipal system (and subsequent requantifications as required by the Decree in 02CW341), generated as a result of use of transmountain water rights, fully consumable in-basin water rights, decreed and permitted non-tributary sources and any other fully consumable water available to Aurora. Aurora also installed seventeen new monitoring wells and expends manpower to monitor these wells every three months. Water from the Columbine Ditch and used in Aurora’s service area can be reused under the decree in Case No. 02CW341. During this diligence period, Aurora has expended spent significant sums for engineering and legal costs required to requantify the LIRFs adjudicated in Case No. 02CW341 available for reuse. 4.2.10. Improvements to Extend and Improve Water Service in and to Aurora: More than $26,565,000 was spent by Aurora during this diligence period for extension and upgrade of its water transmission system necessary to deliver the water from the Columbine Ditch herein to Aurora’s customers. 4.2.11. Improvements to Sanitary Sewer System: More than $48,360,000 was spent by Aurora during this diligence period for extension and upgrade of its sanitary sewer system necessary for wastewater treatment and reuse within the South Platte River Basin of the water from the Columbine Ditch. 4.2.12. Automated Meter Reading System: Aurora spent more than $1,408,000 during this diligence period for updates to its automated utility reading system. This is needed for efficient operation of Aurora’s water supply and delivery system, including use of the water from the Columbine Ditch. 4.2.13. Binney Water Purification Facility: This state-of-the-art water purification and recycling plant owned and operated by Aurora treats water for use throughout the City. Over $16,224,000 was spent by Aurora during the diligence period for improvements to this facility. An additional $666,000 was spent on the Binney Water Purification Facility filters addition. 4.2.14. Aurora Know Your Flow Program: During the diligence period, Aurora Water Conservation developed its voluntary Know Your Flow Program designed to help customers understand how efficiently they are using water. Through the program, Aurora Water Conservation estimates what a customer’s water use could be for a given billing cycle if the customer were using water efficiently. The Know Your Flow Program was designed by Aurora to encourage more efficient use of the water that is the subject of this application. 4.2.15. Property Discharge Water Treatment Plant: During this diligence period, at least $184,000,000 was spent by Climax for improvements to its Property Discharge Water Treatment Plant. This work was necessary in order to treat the water from the Columbine Ditch. 4.2.16. Mayflower Tunnel and Sidehill Riser: During this diligence period, at least $40,000,000 was spent by Climax for improvements to its Mayflower Tunnel and Sidehill Riser. This work was necessary to accommodate in part the water received from the Columbine Ditch. 4.2.17. Fremont Pass Ditch Company Operating Expenses: During this diligence period, at least $200,000 was spent by Climax and Aurora to operate the Fremont Pass Ditch Company. 4.3. Additional Efforts: 4.3.1. Study of Aurora’s Water Needs: During this diligence period, Aurora spent more than $4,315,000 toward engineering and planning studies to assist in determining the City’s future water needs and a plan to meet those need, including treatment and distribution studies, various conservation studies, and on developing its Non-Potable System Master Plan. 4.3.2. Aurora Raw Water System Model: During this diligence period, Aurora spent more than $567,000 for consultant fees to develop and support a computer model of Aurora’s raw water system. These costs are in addition to the modeling efforts included in the engineering and planning studies identified in paragraph 4.3.1., above. 4.3.3. Protection Efforts: During this diligence period, Aurora spent in excess of $1,400,000 participating in water cases in Water Divisions 1, 2 and 5 to protect the rights and interests of Aurora with regard to its water supply system, including the subject water rights. 4.3.4. FPDC reserves the right to identify additional relevant efforts that may be later discovered or to make upward adjustments to amounts expended on certain projects. The FPDC shareholders have an extensive water rights portfolio, extensive and complex water supply, collection, treatment and reuse systems, and extensive numbers of agreements, contracts, leases, etc. related to their facilities and the use, reuse and storage of their water rights. They are involved in many legal actions related to the collection, treatment, reuse and protection of their water rights. FPDC made diligent efforts with regard to this application to determine and quantify all efforts made by it and its shareholders toward completion of the appropriations and application of the water rights decreed in the Original Decree to beneficial use. However, it is reasonably possible that relevant efforts or expenditures may have been overlooked or need further upward adjustment. 5. NAMES AND ADDRESSES OF OWNERS OF THE LAND UPON WHICH ANY NEW DIVERSION OR STORAGE STRUCTURE OR MODIFICATION TO ANY EXISTING DIVERSION OR STORAGE STRUCTURE OR EXISTING STORAGE POOL IS OR WILL BE CONSTRUCTED OR UPON WHICH WATER IS OR WILL BE STORED. To the best of Applicant’s knowledge, the owners of the underlying land on which the structures listed above are currently as follows: 5.1. The Columbine Ditch is located on land owned by the United States Forest Service, White River National Forest, 900 Grand Ave. P.O. Box 948, Glenwood Springs, Colorado 81602, and Climax Molybdenum Company, 1742 County Road 202, P.O. Box 68, Empire, Colorado 80438. 5.2. Robinson Reservoir, Chalk Mountain Reservoir, Buffehr’s Lake, Climax Mine Underground Levels, Mayflower Pond, Tenmile Pond, Robinson Pond, and Jones Pit are located on land owned by Climax Molybdenum Company, 1742 County Road 202, P.O. Box 68 Empire, Colorado 80438. 5.3. Turquoise and Twin Lakes Reservoirs are located on land owned by the United States Department of Interior, Bureau of Reclamation, Eastern Colorado Area Office, 11056 West County Road 18-E, Loveland, Colorado 80537-9711. 5.4. The Box Creek Reservoir is proposed to be built on Hallenbeck Ranch lands, owned by the City of Aurora, c/o Director of Utilities, 15151 East Alameda Parkway, Suite 3600, Aurora, Colorado 80012. Depending on the final reservoir configuration and location, it may also inundate lands owned by: Bureau of Land Management, U.S. Dept. of Interior, 3028 East Main St., Canon City, CO 81212; U.S. Forest Service, P.O. Box 970, Leadville, CO 80461; State of Colorado, 1313 Sherman St, Rm 618, Denver, CO 80203; Dennis Smith, 4961 South Boston Street, Greenwood Village, CO 80111; Bobby and Jolene Wood, P.O. Box 1351, Leadville, CO 80461; Mt Elbert Mining Co. LLC, 32460 Inverness Drive, Evergreen, CO 80439. 5.5. Clear Creek Reservoir is located on land owned by the Board of Water Works of Pueblo, Colorado, Attn: Executive Director, 319 West Fourth Street, Pueblo, Colorado 81003, and the U.S. Forest Service, San Isabel National Forest, 2840 Kachina Drive, Pueblo, Colorado 81008. 5.6. The Strontia Springs Dam and Reservoir Complex are located on owned by the City and County of Denver, acting by and through its Board of Water Commissioners 1600 West 12th Avenue, Denver, Colorado 80204-3412. 5.7. Spinney Mountain Reservoir, Aurora Rampart Reservoir, Quincy Reservoir, Aurora Reservoir, ARR-A, Challenger Gravel Pit Reservoir, Kirby-Dersham Gravel Pit Reservoir, and Fort Lupton Reservoir Complex No. 1 are located on land owned by the City of Aurora, c/o Director of Utilities, 15151 East Alameda Parkway, Suite 3600, Aurora, Colorado 80012. 5.8. The East Reservoir sites are located on land owned by the parties listed on the attached Exhibit C. 5.9. The ARR-B and Tucson South sites are located on land owned by Aggregate Industries - WCR, Inc., 1707 Cole Boulevard, Suite 100, Golden, Colorado 80401 and the City of Aurora, c/o Director of Utilities, 15151 East Alameda Parkway, Suite 3600, Aurora, Colorado 80012. 5.10. Robert W. Walker Reservoir is located on land owned by HIBE, LLC, 301 Centennial Drive, Milliken, Colorado 80543. 5.11. Stillwater Ranch Reservoir is located on land owned by Carl F. Eiberger, 303 South Broadway B-200, Denver, Colorado 80209 and Aggregate Industries - WCR, Inc., 1687 Cole Boulevard, Suite 300, Lakewood, Colorado 80401-3318. Prayer for Relief: Wherefore, Applicant respectfully requests that the Court find diligence in the development of these appropriative rights and continue the conditional decree for said structures and conditional amounts for the statutory period and provide any other relief it finds just and appropriate in these circumstances. (Application and Attachments total 22 pages).

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of OCTOBER 2019 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.

Published in the Herald Democrat Sept. 19, 2019.

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