Advantage Feedyard Auction - DDP

25,000± head feed yard, state-of-the-art R&R flaking facility, 27,000± linear feet of bunk space, 934,000± bushels of grain storage, new office with scales, support buildings, facilities, pivot irrigated and much more located 6± miles southwest of Sterling, CO.

ADVANTAGE FEEDYARD AUCTION May 2, 2024

DUE DILIGENCE PACKET

reckagri.com | 970.522.7770

DUE DILIGENCE PACKET ADVANTAGE FEEDYARD AUCTION PRINTED: April 24, 2024

Bidding Opens: May 2, 2024, 8 am MT Bidding Closes: May 2, 2024, 12 noon MT

ADVANTAGE FEEDYARD AUCTION Logan County, Colorado

TO BE SOLD AT

SINGLE PARCEL AUCTION with RESERVE

Bidding Opens: Thursday, May 2, 2024, 8 am MT Bidding Closes: Thursday, May 2, 2024, 12 noon MT

FOR FURTHER INFORMATION OR FOR SHOWING BY APPOINTMENT CONTACT . . . Marc Reck, Broker or Ben Gardiner, Broker Associate

535 E Chestnut, P.O. Box 407, Sterling, CO 80751 (970) 522 - 7770 or 1 - 800 - 748 - 2589

marcreck@reckagri.com www.reckagri.com

Table of Contents

TERMS AND CONDITIONS ........................................................................... 1 - 2 LOCATION MAP ................................................................................................. 3 PLAT MAP & INFORMATION ........................................................................ 4 - 7 SOILS MAPS ................................................................................................... 8 - 9 GRASS MIX ....................................................................................................... 10 WATER CASE NO. 17CW3045 .................................................................. 11 - 19 WELL PERMIT #255340 ............................................................................ 24 - 25 WATER CASE NO. W - 2289 ........................................................................ 26 - 40 WELL PERMIT #R0125 .............................................................................. 41 - 43 WELL PERMIT #R0124 .............................................................................. 44 - 47 LOGAN WELL USER EXPENSES ................................................................ 48 - 54 SPECIAL USE PERMIT #199 - AMENDMENT ............................................ 55 - 56 RESPONSE TO SEPTEMBER 27, 2023 INSPECTION VIOLATIONS ........ 57 - 58 MAP—YEAR IMPROVEMENTS AND/OR PENS CONSTRUCTED ................. 59 MAP—FEEDLOT DRAINAGE TO PONDS ....................................................... 60 MAP—CONTINUOUS FLOW WATERER DRAINS .......................................... 61 MAP—LIVESTOCK FLOW TO PROCESSING FACILITY ................................. 62 MAP—PIPELINE FROM MAIN HOLDING POND TO NEW RETENTION POND TO PIVOTS ................................................................. 63 PEN DIMENSIONS & BUNK MEASUREMENTS ....................................... 64 - 67 RECHARGE CREDIT ASSIGNMENT .......................................................... 68 - 77 AUG POND LEGAL DESCRIPTION ........................................................... 78 - 80 SURVEY ............................................................................................................. 81 ASSESSOR ’ S RECORDS ............................................................................. 82 - 90 CAFO REGISTRATION & FACILITY MANAGEMENT PLAN ................... 91 - 148 TITLE COMMITMENT ............................................................................ 149 - 304 CONTRACT TO BUY & SELL REAL ESTATE (LAND) ............................ 305 - 325 BROKER DISCLOSURE .......................................................................... 326 - 327 SELLER ’ S PROPERTY DISCLOSURE ...................................................... 328 - 337

Terms & Conditions

Announcements made by Reck Agri Realty & Auction at the time of sale will take precedence over any previously printed material or other statements.

ONLINE BIDDING PROCEDURE: The Advantage Feedyard Auction will be offered for sale as one parcel. BIDDING WILL BE ONLINE ONLY. Bidding will begin @ 8:00 am MT on May 2, 2024. The auc- tion will “ soft close ” @ 12:00 noon, MT on May 2, 2024. Bidding remains open on the feedyard as long as there is continued bidding on the parcel. Bidding will close when 5 minutes have passed with no new bids. Bids will be taken for total purchase price. Seller agrees not to accept and nego- tiate any contracts to purchase prior to auction date. To bid at the online auction: 1.) Download RECK AGRI MOBILE APP through the Apple App Store or Google Play OR visit reckagri.com and click on the Advantage Feedyard Auction property page to register to bid. 2.) Your registration must be approved by Reck Agri Realty & Auction before you may bid. See Bidder Requirements below. 3.) If you have questions regarding the bidding process and/or registration, call Reck Agri Realty & Auction at 970 - 522 - 7770. BIDDER REQUIREMENTS: Requirements for Buyer(s) to be approved to bid online: 1.) Review and agree to the terms and conditions of the Due Diligence Packet; 2.) Provide Reck Agri Realty & Auc- tion verification of available funds to purchase the real property and/or bank loan approval letter with no contingencies. Reck Agri Realty & Auction reserves the right to refuse registration to bid and/or bids from any bid- der. Bidding increments are at the discretion of the Broker. Due Diligence Packet may be obtained by visiting Advantage Feedyard property page at reckagri.com or by calling Reck Agri Realty & Auc- tion. To register to bid, Buyer(s), prior to the auction, must review and accept the Due Diligence Packet with the full auction terms and conditions, property descriptions, pertinent information, title com- mitments, and sample contracts. TERMS: Upon the conclusion of the Feedyard Auction, the highest bidder(s) will sign Brokerage Dis- closure and will enter into and sign a Contract to Buy and Sell Real Estate (Land) for the amount of the bid. Required earnest money deposit to be in the form of a personal, business, corporate check or wire for 10% of the real estate price which is due upon the signing of the contract and to be de- posited with Reck Agri Realty & Auction. Earnest money deposit will be transferred to Northeast Colorado Title Company prior to closing and applied toward the total purchase price. Purchase con- tract will not be contingent upon financing. Terms and conditions in the Due Diligence Packet and announcements shall be incorporated and made a part of the contract. Sample contract is available within the Due Diligence Packet. CLOSING: Buyer(s) shall pay in good funds, the balance of purchase price of the feedyard plus their respective closing costs, and sign and complete all customary or required documents at closing, which is on or before June 7, 2024. Closing to be conducted by Northeast Colorado Title Company and the closing service fee to be split 50 - 50 between Seller and Buyer(s). TITLE: Seller to pass title by Warranty Deed free and clear of all liens, encumbrances, special as- sessments levied or assessed, and subject to all easements and restrictions or covenants now of record. Title commitments are available for review within the Due Diligence Packet and title com- mitment and exceptions will be incorporated and made a part of the Contract to Buy and Sell Real Estate (Land) . Title Insurance to be used as evidence of marketable title and cost of the premium to be split 50 - 50 between Seller and Buyer(s). The Buyer(s) to receive a TBD title commitment within Due Diligence Packet, updated title commitment with Buyer(s) name, lender, purchase price, and all supplements and additions thereto after auction, and an owner's title insurance policy in an amount equal to the Purchase Price after closing. Property to be sold subject to existing roads and highways; established easements and rights - of - way; prior mineral reservations, and minerals reserved by Seller as shown within these Terms and Conditions; and other matters affected by title documents shown within the title commitment; and zoning, building, subdivision, and other restrictions and regulations of record.

POSSESSION: Possession of property upon closing. PROPERTY CONDITION: The prospective Buyer(s) should verify all information contained herein. All prospective bidders are urged to fully inspect the property, its condition, and to rely on their own conclusions and the property is being sold AS IS - WHERE IS, without warranty, representation, or recourse to Seller. WATER RIGHTS & EQUIPMENT: Seller to convey all water rights, domestic & commercial livestock wells, irrigation wells and all easements and rights - of - way appurtenant to the property. The water rights are subject to the rules, regulations, and limitations of the Colorado Department of Water Re- sources, and Logan Well Users Group. Water rights and the irrigation equipment are being sold AS IS - WHERE IS without warranty or guarantee of any water right matters and pumping rates/ adequacy of domestic, livestock & irrigation wells. Irrigation assessments for the 2024 irrigation season to be paid by Buyer(s). Well permits #255340, and Wells identified within the Logan Well Users Augmentation plan as Well #350, #490, #351, #491 & #492, and together with their rights to the Logan Well Users Augmentation plan and agreement with North Sterling Irrigation District to use a recharge pond located in the N1/2NE1/4 of 27, T8N, R53W. Irrigation and feedyard watering equipment included. Logan Well Users Augmentation fees/expenses for the 2024 season to be pro- rated to the day of closing using the 2023 payment. FSA DETERMINATION: FSA base acres and yields to pass with the Parcel as designated within the Due Diligence Packet. Buyer(s) and Seller, at closing, to sign a memorandum of understanding stat- ing the base acres and yields as designated within the Due Diligence Packet. REAL ESTATE TAXES: 2024 real estate taxes due in 2025, to be prorated to the day of closing. LEGAL DESCRIPTION: Legal descriptions are subject to existing fence/field boundaries or land - use trades, if any. MINERALS: Seller to convey all their OWNED mineral rights to Buyer(s). ACREAGES, SQUARE FOOTAGE, GRAIN STORAGE, & LINEAR FEET: All stated acreages, square footage, grain storage, & linear feet, in the Color Brochure, Due Diligence Packet, and visual presen- tation are approximate and are obtained from reliable sources. Each of these sources may indicate different acreages, square footage, grain storage & linear feet. No warranty is expressed or implied as to the exact acreages, square footage, grain storage, & linear feet of the property. All bids are for the total parcel without regard to exact acreage, square footage, grain storage, and/or linear feet. There will be no adjustment in purchase price if acreage, square footage, grain storage, and/or line- ar feet is different than what is stated in this brochure. BIDDER REQUIREMENTS: To register to bid, Buyer(s), prior to the auction, must review and accept the Due Diligence Packet with the full auction terms and conditions, property description, pertinent information, title commitment, and sample contract. Due Diligence Packet may be obtained by visit- ing auction property page at reckagri.com, or by calling Reck Agri Realty & Auction. Bidding via cell phone, internet, and/or bidding on someone ’ s behalf, must be approved by Reck Agri Realty & Auc- tion 24 hours prior to auction. ANNOUNCEMENTS: The information contained herein has either been given to us by the owner of the property or obtained from sources that we deem reliable. We have no reason to doubt its accu- racy, but we do not guarantee it. Reck Agri Realty & Auction and the Seller assume no responsibility for the omissions, corrections, or withdrawals. The location maps are not intended as a survey and are for general location purposes only. Reck Agri Realty & Auction and all other agents of Broker are or will be acting as a Transaction Broker. Announcements made by Reck Agri Realty & Auction at the time of sale will take precedence over any previously printed material. Reck Agri Realty & Auc- tion does not offer broker participation for the "ADVANTAGE FEEDYARD AUCTION". Reck Agri Real- ty & Auction reserves the right to require bank references upon request and reserves the right to refuse bids from any bidder. Bidding increments are at the discretion of the Broker. COPYRIGHT: Photographs, videos, Color Brochure & Due Diligence Packets are property of Reck Agri Realty & Auction and cannot be reproduced without permission.

Location Map

Parcel Map

Parcel Information Legal Description: See Pages 149 - 304 for legal description, title commitment, and title exceptions. Please review the title commitment with exceptions. Acreage:

260.0± Ac Feedyard 152.0± Ac Pivot Irrigated 35.0± Ac Augmentation Site 447.0± TOTAL

Feeding, Receiving, Shipping & Hospital Pens 25,000± head capacity; 178 feed pens with 16’ drover alleys; 27,000± linear feet of cement continuous - pour bunk. Pens built in 2014 & 2015 have 20’ aprons, all other pens have 16’ aprons; 25%± of fence is pipe and cable fence; 75%± of fence is pipe and continuous fence; Johnson & Cancrete continuous - flow waterers with overflow into pipe, then drainage ditch; average pen size 240± head. See Page 59 for copies of aerial map showing what years the facilities were built. See Pages 64 - 67 for a copy of the spreadsheet with pen sizes. Processing/Shipping Facility Centrally located with all feedyard alleys leading to it. Processing building is 60’ x 90’ with 40’ x 60’ enclosed; includes 14’ x 28’ ground scale w/Bud box, R & R Tough Extended Version hy- draulic chute, Blatner double alley transition to single alley thru chute, drain in barn, heated with overhead door, 6 hospital pens. Can stage up to 1,500 head to process and/or ship. See Page 62 to show flow from pens to processing/shipping facility. Receiving Facility 6 pens to receive cattle 24 hours a day, and can hold up to 1,500 head at one time with water and feed while waiting to be processed. Office/Scales 3,000 sq ft office (Lester building) is 3 years old and has 4 offices, 3 baths, reception & con- ference room, employee break room, in - floor heat and forced central air. Scale area has 120,000 lb capacity Fairbanks Morse platform scale, with digital readout and grain moisture tester. Office equipment excluded except for built - ins. Waste Control CAFO Permit recently updated and certified for 25,000 head capacity. Feedyard effluent drains into 2 smaller retention ponds and one main holding pond. See Pages 60 - 61 drainage flow to ponds and continuous - flow water overflow drainage. A retention pond approximately 3+ times the size of the main holding pond was recently built in the SW corner of the north pivot to dewater the main holding pond. The main holding pond can dewater via pipeline to both pivots and/or the new retention pond. The new retention pond dewaters via evaporation and/or via the north pivot. See Page 63 for map showing the pipeline from main holding pond to new retention pond and/or to pivots.

Livestock control waste management plan and permitting has been completed by Settje Agri Services and Engineering, Inc. See Pages 91 - 148 for copy of report.

Parcel Information R & R State - of - the - Art Fully - Automated & Integrated Flaking Facility 2 Seller 300 HP boilers, 1 steam chest (room for additional steam chest), R & R 1000 control- ler, R & R Grain Cleaner, 2 temper bins & 1 dry bin (44,000± bu total, 6,000 bph legs. 24” x 56” R & R Flaker Mill processes 30 ton/hour, w/ processed flaked corn delivered to concrete bays. Facility is 4 years old. Included: Additional vaporizer and 24” x 56” roller located in Dalhart, TX . Micro Beef Technology System Integrates throughout the office, trucks, batch box, and feedyard to calculate, track, load, and deliver specific rations to each pen. Micro Technologies provides nutrient and health manage- ment. Currently flaked corn, ground straw and alfalfa, dried distillers grain, and CCDS (condensed corn distillers w/ solubles) and liquid supplements are loaded into and mixed in feed truck. Micro Beef Technology System is not owned by the Seller and as long as Seller uses their product they will provide the system. Grain/Liquid Storage: • (4) 60,000± bu grain cone bins w/ air – 3,350± bushel per hour leg • 6 - Liquid supplement tanks (total capacity 96,000 gallon) • 450,000± bushel flat storage w/in floor air, Hutchinson Loop System to load and unload grain. Seller to install the missing tarp prior to closing. • 200,000± bushel flat storage on cement Commercial Livestock Water: 3 commercial livestock wells are used to provide water for livestock. Logan Well Users Well #491 is near the processing barn and #492 is located near the office. Logan Well Users Well #490 is located within and in addition to the irrigation well (Logan Well Users Well #350) at the South Pivot point. All three wells are approved for commercial feedlot, stock watering, and fire protection via the Logan Well Users Augmentation Plan being Case #17CW3045 shown on Pages 11 - 19. The 3 commercial wells are VFD pumps, allowing on - demand pumping. The commercial wells and waterers are on a continuous pressured loop system. Irrigation Water: North Pivot - 116± acres pivot irrigated by 2015 8 - tower Reinke aluminum pivot via irrigation well permit #0125 as Well #16 in Water Court Case #2289 on pages 27 — 40 (aka Well #351 within the Logan Well Users Augmentation Plan). See pages 41 - 43 for copy of well log. Cur- rently planted to grass and see Page 10 for grass mix. Pivot is also used to dewater effluent. Pivot includes a corner system which is not connected to pivot. The corner system was get- ting stuck and the Seller unhooked it. GPS driven. South Pivot - 36± acres pivot irrigated by 2017 7 - tower Reinke poly - lined pivot via irrigation well permit #R0124 as well #17 adjudicated in Water Court Case #2289 on pages 27 - 40 (aka Well #350 within the Logan Well Users Augmentation Plan). See pages 44 - 47. Currently planted to grass and see Page 10 for grass mix. Pivot may also be used to dewater effluent.

Parcel Information Logan Well Users Augmentation Plan: See Pages 48 - 54 for the usage and billing statements from 2017 - 2023.

Additionally, please find below the links to the Colorado Division of Water Resources website that will take you directly to the original decree LWU 03CW195 and 17CW3045 decree which added the 3 commercial wells. (see pages 13 - 19)

https://dnrweblink.state.co.us/dwr/DocView.aspx?id=336724&dbid=0

https://dnrweblink.state.co.us/dwr/DocView.aspx?id=3127761&dbid=0

North Sterling Augmentation Credits: Seller owns 35± acres 3.5± miles north of feedyard with a recharge augmentation pond. The original agreement with North Sterling Irrigation District is shown on Pages 71 - 77. The assign- ment of this agreement to Seller is shown on Pages 68 - 70 and Seller receives 25% of earned credits. The 35± acres plus the rights to this agreement will be conveyed to the Buyer(s).

Land Tenure: See Soils Maps of pivot irrigated farmland on Pages 8 - 9.

Taxes: 2023 real estate taxes payable in 2024 are: Feedyard and irrigation: $71,747.10 North Sterling Augmentation site: $12.98 Employee housing - 11111 County Road 31, Sterling, CO 80751: $237.06 See Assessor ’ s Records Pages 82 - 90.

FSA Information: FSA base: 238.5 ac corn w/ 136 bu PLC yield

Employee Housing: 3 bedroom, 2 bath manufactured home w/4 - car garage. See Pages 24 - 25 for Domestic well Permit #255340. See Pages 328 - 337 for copy of Seller ’ s Property Disclosure. Copy of survey shown on Page 81.

Starting Bid: $5,750,000

Soils Map

North Pivot

Soils Map

South Pivot

Grass Mix

J.../rtLL.:, .llL.l,J.../. 01:,J:-lll:,lllUl:,l t, LVl / V.Jl rtlV.l

CASE NUMBER: 2017CW3045

DISTRICT COURT, WATER DIVISION NO. 1,

COLORADO

901 9 th Avenue P. 0. 2038 Greeley, CO 80632

CONCERNING THE APPLICATION FOR WATER RIGHTS OF:

.&COURT USE ONLY.&

LOGAN WELL USERS, INC.

IN LOGAN, MORGAN and WASHINGTON COUNTIES.

Case No. 17CW3045

FINDINGS OF FACT, CONCLUSIONS OF LAW, RULING AND DECREE OF WATER COURT

An Application for Water Rights and to Add Wells to Augmentation Plan was filed in this case in the Water Court, Water Division No. 1 by Logan Well Users Inc. The Court, having considered the pleadings and evidence presented, and being fully advised in the premises hereby finds, concludes, adjudicates and decrees as follows.

FINDINGS OF FACT

1. The Applicant. Applicant is Logan Well Users Inc., P.O. Box 1172, Sterling, Colorado, 80751. Applicant operates an augmentation plan decreed in Case No. 03CW195, Corrected Findings of Fact, Conclusions of Law and Decree of Water Court dated February 21, 2006 (03Decree) as supplemented by the Corrected Order on Calculation of Recharge Well Depletions and Order Vacating Hearing dated October 9, 2008 ("Recharge Well Order"). 1J49.6 of the 03Decree allows the addition of wells to the plan subject to notice and terms and conditions. Applicant seeks to adjudicate water rights for 5 Wells and to add those Wells to its plan for augmentation.

Logan Well Users Inc. 17CW3045

Page 1 of 9

2. The Application. Applicant filed the Application for Water Rights and Approval of Augmentation Plan on March 20, 2017. 3. Notice and Jurisdiction. All notices of this matter required by law have been fulfilled and the Court has jurisdiction over the subject matter of this application and all amendments and over all persons and property affected by it, irrespective of whether they or its owners have appeared. The water and lands that are the subjects of this Application are not located in a designated groundwater basin. 4. Statement of Opposition. No Statements of Opposition were filed and the time for filing Statements of Opposition has expired. 5. Summary of Consultation. The Division Engineer for Water Division No. 1 filed a Summary of Consultation dated June 30, 2017. The Court has duly considered the Summary of Consultation and the Response.

APPLICATION FOR WATER RIGHTS

Name of Structure. Mitchek/Sonneberg Well No. 17, (LWU No. 490). 6.1. Owner. Estate of Allen Mitchek, P.O. Box 512, Sterling CO 80751. 6.2. Location. In the SE1/4 NW1/4 of Section 9, Township 7 North, Range 53 West of the 6th P.M., Logan County Colorado, at a point 1375 feet from the North section line and 1,470 feet from the West section line of said Section 9.

6.3. Appropriation. March 17, 2017. 6.4. Amount. 1400 g.p.m., conditional.

6.5. Source. Groundwater tributary to the South Platte River. 6.6. Use. Commercial feedlot, stock watering and fire protection. 6.7. Prior decree. W-2289 for irrigation use, Permit No. 124-RR, (LWU ID No. 350). 7. Name of Structure. Mitchek/Advantage Feedyard Well No. 1, (LWU No. 491). 7.1. Owner. Estate of Allen Mitchek, P.O. Box 512, Sterling CO 80751. 7.2. Location. In the NE1/4 NW1/4 of Section 9, Township 7 North, Range 53 West of the 6th P.M., Logan County Colorado, 910 feet from the North section line and 1,890 feet from the West section line of said Section 9.

7.3. Appropriation. March 17, 2017. 7.4. Amount. 50 g.p.m., conditional.

7.5. Source. Groundwater tributary to the South Platte River. 7.6. Use. Commercial feedlot, stock watering and fire protection.

Logan Well Users Inc. 17CW3045

Page 2 of 9

8. Name of Structure. Mitchek/Advantage Feedyard Well No. 2, (LWU No. 492). 8.1. Owner. Estate of Allen Mitchek, P.O. Box 512, Sterling CO 80751.

8.2. Location. In the SE1/4NW1/4 of Section 9, Township 7 North, Range 53 West of the 6th P.M., Logan County Colorado, 2,040 feet from the North section line and 2,360 feet from the West section line of said Section 9.

8.3. Appropriation. March 17, 2017. 8.4. Amount. 50 g.p.m., conditional.

8.5. Source. Groundwater tributary to the South Platte River. 8.6. Use. Commercial feedlot, stock watering and fire protection. 9. Name of Structure. Knowles Well, (LWU No. 493). 9.1. Owner. Rob Knowles, 6530 CR 28.5 Rt. 3, Sterling CO 80751.

9.2. Location. In the SW1/4 NE1/4 of Section 30, Township 8 North, Range 54 West of the 6th P.M., Logan County Colorado, 1,790 feet from the North section line and 1,530 feet from the East section line of said Section 30.

9.3. Appropriation. March 17, 2016. 9.4. Amount. 20 g.p.m., conditional. 9.5. Source. Groundwater tributary to the South Platte River.

9.6. Use. Commercial industrial, feedlot, stock watering and fire protection. 10. Name of Structure. Chamberlain's Well, (LWU No. 494). 10.1. Owner. Chamberlain's, P.0. Box 831, Sterling CO 80751. 10.2. Location. In the SW1/4 NW1/4 of Section 33, Township 8 North, Range 52 West of the 6th P.M., Logan County Colorado, 1,465 feet from the North section line and 335 feet from the West section line of said Section 33. 10.3. Appropriation. March 17, 2016. 10.4. Amount. 500 g.p.m., conditional. 10.5. Source. Groundwater tributary to the South Platte River. 10.6. Use. Industrial use associated with a concrete plant and fire protection. Addition of Wells to Augmentation Plan 11. Augmentation Plan. Applicant operates the augmentation plan decreed in 03Decree. 1149.6 of the 03Decree allows the addition of wells to the plan subject to notice and terms and conditions.

Logan Well Users Inc. 17CW3045

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11.1. Description of the Plan. The wells to be added to the plan, hereinafter "Wells" are the 5 Wells described in ,t,t6-10. Figure 1, attached, shows the location of the Wells. 11.2. Aquifer Parameters. The aquifer parameters and other information required by the Decree for each Well are set out in Table 1.

Table 1

Well Location

Ac uifer Parameters 3

2nd LWUID No. 1

Well No.

Permit

Case

Abv/Bel

Lag to

sIc 2

Name

No.

WDID

Qtr/Qtr Sec Twn Roe

HarmT

0124-

350

Allen Mitchek Est. of Allen

6290 W2289

SENW

7N 53W

24,040 21,360 107,500

Mitchek

Pendinq

490

Est. of Allen

7N 53W

491

Mitchek

Pending

NENW

27,605 24,340 107,500

Est. of Allen

7N 53W

- -

492

Mitchek

Pendinq

SENW

26,790 23,155 108,300

8N 54W

493

Rob Knowles

SWNE

69,410 64,410 94,700

80966-F

494

Chamberlain's

SWNW

8N 52W

24,420 3,025 204,000

80965-F

The second LWUID No. is for the new priority decreed to the existing well. Abv/Bel SIC=Location of depletions with respect to Sterling No. 1 Ditch headgate. Above - a, Below- b. Aquifer Parameters

2 3

W=Width of aquifer on side of river where well is located (feet). X= Distance from the river to the location of structure (feet). HarmT=HarmonicTransmissivity of the aquifer in the vicinity of structure (gpd/ft). S =0.2 Lag to: R=River, PD=Pioneer Drain, PC=Pawnee Creek. None of the wells are located inside boundaries of Logan Irrigation District as of December 2008.

11.3. Consumptive Use and Depletions. The consumptive use factors used will be those set out in the Decree at ,t52.3.4. Out of priority depletions from use of the Wells that have occurred prior to the date the court allows the Wells to be added to the plan will be replaced by Applicant. Out of priority depletions from use of the Wells that may occur after the court decree adding the Wells to the plan, whether or not the depletions result from pumping before or after the date the court allows the Wells to be added to the plan, will be replaced by the Applicant.

Logan Well Users Inc. 17CW3045

Page 4 of 9

11.4. Water Rights to be used for Augmentation. All water rights decreed in Case Nos. 03CW195, 07CW300 and 13CW3162. 11.5. Operation of the Plan for Augmentation. Diversions from the 5 Wells described in ,t,t6-10 and listed in Table 1 cause depletions to the South Platte River and its tributaries. To the extent that those depletions are out of priority, the purpose of this plan is to provide for replacement of such out of priority depletions in time, location and amount, under the terms and conditions of this decree. The Court approves the Plan for Augmentation subject to the terms and conditions of this decree. 11.6. Incorporated Terms. The terms of the 03Decree are incorporated herein to the extent they are not in conflict with terms set out herein or to the extent a term is not addressed herein. 11.7. Curtailment. The plan for augmentation decreed in the 03Decree, as supplemented by this decree, is sufficient to permit the continuation of diversions by the 5 Added Member Wells when curtailment would otherwise be required to meet a valid senior call for water, to the extent Applicant complies with all the terms and conditions of the 03Decree and this decree including, but not limited to providing the necessary replacement water as required by the 03Decree and this decree. Pursuant to §37-92-305(8) C.R.S., the State Engineer shall curtail all out-of-priority diversions, the depletions from which are not so replaced as to prevent injury to vested water rights.

CONCLUSIONS OF LAW

12. Incorporation of Findings of Fact. The foregoing Findings of Fact are incorporated herein. 13. Notice and Jurisdiction. The Water Court for Water Division No. 1 has jurisdiction over the subject matter of these proceedings and over all persons, owners of property and water rights that may be affected hereby, whether or not they have chosen to appear. The application in this matter and the resume publication of the application placed such persons on notice of the relief requested by the application and granted by this decree. 14. Groundwater Rights Contemplated by Law. The application for groundwater rights in ,t,t6-10 of this decree are contemplated by law and satisfy the requirements of §37-92-103 (14)(a), 37-92-101 et seq., including but not limited to §§37-92-103, 37-92-302, 37-92-305(1), 37-92-305(9) and 37-92-305(12), C.R. S. The appropriations for the groundwater rights were lawfully initiated on the dates shown in the Findings of Fact, and were pursued with reasonable diligence from the date of initiation. 15. Addition of Wells to Plan for Augmentation Contemplated by Law. The application to add Wells to the plan for augmentation in ,r11 of this decree is

Logan Well Users Inc. 17CW3045

Page 5 of 9

contemplated by law and satisfies the requirements of §37-92-101 et seq., C.R. S., including but not limited to §§37-92-103, 37-92-302, 37-92-304(6), 37-92-305(3), 37-92-305(5), 37-92-305(8) and 37-92-305(12). Operation of the plan for augmentation will not injuriously affect any owner of or person entitled to use water under a vested water right or decreed conditional water right, so long as operated and administered in accordance with the terms of 03Decree and this decree. 16. Burden of Proof. Applicant has met its burden of proof and is therefore entitled to a decree approving its application herein, as amended. 17. Administrability. This decree is administrable by the officials of the State of Colorado.

RULING AND DECREE

18. Incorporation of Findings and Conclusions. The foregoing Findings of Fact and Conclusions of Law are incorporated herein as if set forth. 19. Approval of Water Rights and Plan for Augmentation. The groundwater rights set out in 11116-10, and the addition of wells to the 03Decree plan for augmentation set out in 1111 are hereby confirmed, approved, adjudicated and decreed. 20. Adequacy of Replacement and Augmentation Supplies. The replacement and augmentation supplies which Applicant will use for operation of the Plan for Augmentation for the Added Member Wells have been and shall be of a quality and continuity satisfactory to meet, in time, location and amount, the requirements for which the water of senior appropriators has normally been used. 21. No Material Injury. The terms and conditions provided for in this decree are adequate to assure that no material injury to any water users will result from the changes of water rights and addition of wells to the plan for augmentation approved herein. 22. Measuring Devices. The terms of the 03Decree with respect to the measurement of all well diversions are incorporated herein. In addition Applicant shall install and maintain, at Applicant's expense, such additional meters, gauges, or other measuring devices as are required by the Water Commissioner or Division Engineer, and shall report at the times required by the 03Decree to the Water Commissioner and/or Division Engineer the readings of such meters, gauges, or other measuring devices pursuant to §37-92-502(5)(a), C.R. S. subject to the Stipulation between Applicant and the State Engineer in Case No. 11CW292 regarding the Rules Governing Measurement of Tributary Ground Water in the South Platte River Basin in Colorado. 23. Satisfaction of Senior Water Rights. So long as operated and administered in accordance with this decree, the plan for augmentation for the Added Member Wells will be sufficient to permit the continuation of withdrawals, and resulting depletions, from the Added Member Wells without impairing the water rights of

Logan Well Users Inc. 17CW3045

Page 6 of 9

others, in the amounts and for the purposes adjudicated herein, when curtailment of such operations would otherwise be required to meet valid senior calls for water. Pursuant to §37-92-305(8) C.R.S., the State Engineer shall curtail all out of-priority diversions, the depletions from which are not so replaced as to prevent injury to vested water rights. 24. Accounting. Applicant shall account for the diversions and plan of augmentation in the same manner as required by the 03Decree. Accounting shall be added to or incorporated into the accounting for the 03Decree. 25. Binding Effect of Decree. Applicant shall record this decree with the clerk and recorder for Logan County within 10 days after the decree becomes final upon the expiration of the right of all parties to appeal this decree. The terms and conditions of this decree shall bind, and be enforceable against, the owners of the Added Member Wells, the water rights decreed to or otherwise associated with those wells, and the lands upon which the Added Member Wells included in this decree are located, and the successors and assigns of such owners, until all obligations under the 03Decree and this decree have been fulfilled. In the event Applicant is unable or unwilling, for any reason, fully to comply with the terms of the 03Decree and this decree, including, but not limited to, as a result of dissolution of the Applicant in accordance with the procedures required by law, the owners of such lands, wells and water rights, shall comply with the terms and conditions of the 03Decree and this decree, as it relates to the wells owned by that owner, and shall replace all out of priority well depletions which are occurring or which will occur from operation of that owners wells in the 03Decree and this decree. So long as the terms and conditions of the 03Decree and this decree are fully complied with, nothing in this paragraph is intended to prohibit the owners of the wells in this decree from adjudicating an additional plan for augmentation to replace depletions from the wells or from establishing another corporation for replacement of depletions under the 03Decree or this decree or an additional decree. Nor is anything in this paragraph intended to affect the exercise of any remedy which may be available to any person affected by the failure of the Applicant or the land owners to comply with the terms and conditions of the 03Decree and this decree. 26. Retained Jurisdiction. Pursuant to §37-92-304(6) C.R.S., the Court retains jurisdiction over the addition of the Added Member Wells to the plan for augmentation decreed in the 03Decree and herein on the issue of injury to vested water rights of others for one year from the date this decree is entered. Except to the extent subject to retained jurisdiction, the findings, conclusions and decree herein are final. The retained jurisdiction provisions of this paragraph are in addition to the retained jurisdiction provisions included in the 03Decree which are incorporated herein by reference. 27. Administration by State and Division Engineers. The State Engineer and Division Engineer shall administer this decree in accordance with the terms and

Logan Well Users Inc. 17CW3045

Page 7 of 9

conditions set forth herein.

28. Diligence. The conditional water rights herein are continued in full force and effect until September 30 , 2023. If Applicant desires to maintain such conditional rights, an application for finding of reasonable diligence shall be filed on or before September 30 , 2023, or a showing made on or before such date that the conditional water rights have become absolute water rights by reason of the completion of the appropriation. 29. Priorities. The priorities herein awarded to the Wells in ,r,r6-1O were filed in the Water Court in the year of 2017, and shall be administered as having been filed in that year; and shall be junior to all priorities filed in previous years. As between all rights, filed in the same calendar year, priority shall be determined by decreed date of appropriation and not affected by date of the entry of ruling.

DATED this fifteenth day of August 2017.

John Cowan Water Referee Water Division One

THE COURT FINDS: NO PROTEST WAS FILED IN THIS MATTER.

THE FOREGOING RULING IS CONFIRMED AND APPROVED, AND IS HEREBY MADE THE JUDGMENT AND DECREE OF THIS COURT.

Date: September 7, 2017

BY THE COURT:

James F. Hartmann Water Judge Water Division One

Logan Well Users Inc. 17CW3045

Page 8 of 9

Legend

Figure 1 Member Wells Logan Well Users

N;e;o.v ,,.. c•rcw._> tf,e,-N1''e., t l «:IWD:111\ toil er

LWU�I

-�'-,

- -

□

l'IPllroJfflliJ� CiJ�

Logan Well Users Inc. 17CW3045

Page 9 of 9

Blank Page

2 1

Blank Page

2 2

Blank Page

•

Well No. 20 - 5913: Irrigation of 157 acres in Lots 3 and 4 of Section l; and Lots 1 and 2 of Section 2; all in Township 8 North, Range 52 West of 6th P.M., Logan County, Colorado. Well No. 21 � 14715-F: Irrigation of 217 acres in S½SW¼ and SW\SE¼ of Section 23; and NW¼ and W½NE¼ of Section 26; all in Township 9 North, Range 51 West of 6th P.M., Logan County, Colorado. Well No. 22 - 14708-F, and Well No. 23 - 14934-F: Irrigation of 217 acres in SE¼ and S:¼NE¼ of Section 23; W½SW¼ and SW\Nlfll of Section 24; and NE\NE� of Section 26; all in Township 9 North, Range 51 West of 6th P.M., Logan County, Colorado. Well No. 24 - 14714-F: Irrigation of 158 acres in E½NE\, NW¼, N�S�, and NW\SE¼ of Section 24, Town ship 9 North, Range 51 West of 6th P.M., Logan County, Colorado. Well No. 25 - 14711-F: Irrigation of 132 acres in S½SE\ of Section 13; NE\ of Section 24; all in Town ship 9 North, Range 51 West of 6th P.M.; and SW\SW¼ of Section 18; and NW¼NW\ of Section 19; all in Township 9 North, Range SO West of 6th P.M., Logan County, Colorado. Well No. 26 - 14709-F: Irrigation of 217 acres in E½SE¼ and SE¼NE\ of Section 13, Township 9 North, Range 51 West of 6th P.M.; and S�NW¼, swi., and W½SE\ of Section 18, Township 9 North, Range 50 West of 6th P.M., Logan County, Colorado. Well No. 27 - 14710-F: Irrigation of 186 acres in NE\, E½NW¼, and N�SE� of Section 18; and W\NW¼ of Section 17, all in Township 9 North, Range 50 West of 6th P.M., Logan County, Colorado. Well No. 28 - 14712-F: Irrigation of 217 acres in S�NW\, SW\, and 1P,sSE� of Section 13; and N�NW¼ and NW\NE¼ of Section 24; all in Township 9 North, Range 51 West of the 6th P.M., Logan County, Colorado. Well No. 29 - 14713-F: Irrigation of 186 acres in S�SE\ of Section 12; NE\, E½N�, and N½SE¼ of Section 13; all in Township 9 North, Range 51 West of 6th P.M.; and W�NW¼ of Section 18, Township 9 North, Range 50 West of 6th P.M., Logan County, Colorado.

Well No. 30 - 14706-P:

Irrigation of 132 acres in

S�SW\ and SW\SE� of Section 7; and Nlf\NE¼ and N½NW\ of Section 18; all in Township 9 North, Range SO West of 6th P.M., Logan County, Colorado. Well No. 31 - 14707-F: Irrigation of 217 acres in SE\, S½NE¼, SE\NW¼, and E�S� of Section 7, Town ship 9 North, Range 50 West of 6th P.M., Logan County, Colorado.

-11-

.--.J

March 12, 2024

Tadd Thomas Advantage Feedyard, LLC P.O. Box 68 Sterling, CO 80751

Subject: Response to September 27, 2023 Inspection Violations

Dear Mr. Thomas:

On February 6, 2024, the Colorado Department of Public Health and Environment’s Environmental Agriculture Program (Ag Program) received a response from Advantage Feedyard LLC (facility) regarding the three violations identified during the State’s inspection of the facility on September 27, 2023.

After reviewing the responses, the Ag Program finds violations 31, 32, and 72 to be adequately addressed as described below:

 Violation 31 and 32 was addressed by providing documentation prepared by Derald Land, P.E., demonstrating that facility’s conveyance structures are appropriately sized for the designed storm event. This documentation is now being kept with the Facility Management Plan (FMP) documentation.  Violation 72 was addressed by providing photographs showing that the weeds observed during the inspection inside the embankments of Pond 1 and Pond 2 have been controlled through spraying so that the weekly inspections of the condition of the clay liner can be properly completed. The facility indicated in the response that the spraying of the weeds occurred the week of October 2, 2023. The facility must make control of the weeds around the impoundment embankments a priority so that visual inspections of the exposed portions of the liner can be consistently completed. These inspections allow the facility to identify physical changes or deficiencies that may affect the integrity of the liner. As a reminder, when physical changes or deficiencienes are identified during the inspections, corrections shall occur within 30 days of being identified, unless documentation of why the corrective action was not completed within 30 days is included in the facility records.

4300 Cherry Creek Drive S., Denver, CO 80246-1530

P 303-692-2000

www.colorado.gov/cdphe

Jared Polis, Governor

| Jill Hunsaker Ryan, MPH, Executive Director

March 12, 2024 Mr. Thomas Page 2 of 2

Additionally, the facility provided an update in their response to an observation that was included in the September 2023 inspection report, the wastewater depth of Pond 1 was returned below the pump-down level after the rain events in 2023.

The facility’s sub mittal of a complete response, addressing all the violations identified during the inspection, returns to the facility to compliance.

Thank you for your attention to these important matters. If you have any questions please feel free to contact me at 303-693-3523 or at thaine.kramer@state.co.us.

Sincerely,

Thaine Kramer Environmental Agriculture Program

ec: Dave Kucera, Regional Manager, Seetje Agri Services & Engineering, Inc. Chad DeVolin, Program Manager, Environmental Agriculture Program, CDPHE Permit File- CONPC0313

4300 Cherry Creek Drive S., Denver, CO 80246-1530

P 303-692-2000

www.colorado.gov/cdphe

Jared Polis, Governor

| Jill Hunsaker Ryan, MPH, Executive Director

Advantage Feedyard, LLC Pen Dimensions and Bunk Measurements

Head

Pen #

Width Depth

Sq. Ft

Bunk Length Count @ 12" Count @ 8" Count @ 200 sq. ft

1 2 3 4

200 220 210 200

350 350 320 190 170 140 120 100

70000 77000 67200 30268 30268 30268 30268 30268 30268 30268 28800 28800 28800 28800 27000 27000 27000 27000 27000 27000 27000 27000 27000 27000 30600 32000 32000 32000 32000 32000 32000 34000 30000 30000 30000 30000 30000 37400 33000 33000 33000 33000 33000 40000 30000 30000

186 220 210 200

279 330 315 300

350 385 336 151 151 151 151 151 151 151 144 144 144 144 135 135 135 135 135 135 135 135 135 135 153 160 160 160 160 160 160 170 150 150 150 150 150 187 165 165 165 165 165 200 150 150

40 40 40 40 40 40

60 60 60 60 60 60

B C D

E F

300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 500 501 502 503 504 505 506 507 508 509 510 511 600 601 602 603 604 605 606 607 608

160 160 160 160 150 150 150 150 150 150 150 150 150 150 170 160 160 160 160 160 160 170 150 150 150 150 150 170 150 150 150 150 150 200 150 150

180 180 180 180 180 180 180 180 180 180 180 180 180 180 180 200 200 200 200 200 200 200 200 200 200 200 200 220 220 220 220 220 220 200 200 200

160 160 160 160 150 150 150 150 150 150 150 150 150 150 170 160 160 160 160 160 160 170 150 150 150 150 150 170 150 150 150 150 150 200 150 150

240 240 240 240 225 225 225 225 225 225 225 225 225 225 255 240 240 240 240 240 240 255 225 225 225 225 225 255 225 225 225 225 225 300 225 225

Advantage Feedyard, LLC Pen Dimensions and Bunk Measurements

Head

Pen #

Width Depth Sq. Ft

Bunk Length Count @ 12" Count @ 8" Count @ 200 sq. ft

609 610 700 701 702 703 704 705 706 707 708 800 801 802 803 212 211 210 209 208 207 206 205 204 203 202 201 200

150 150 185 150 150 150 150 160 150 150 150 150 150 150 150 140 140 140 150 140 140 140 140 140 150 135 140 135 140 140 100 100 110 100 110 130 140 130 150 140 150 140 140 120 160 140

200 200 200 200 200 200 200 200 200 200 200 200 200 170 150 180 180 180 180 180 180 180 180 180 180 180 180 180 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200

30000 30000 37000 30000 30000 30000 30000 32000 30000 30000 30000 30000 30000 25500 22500 25200 25200 25200 27000 25200 25200 25200 25200 25200 27000 24300 25200 24300 28000 28000 20000 20000 22000 20000 22000 26000 28000 26000 30000 28000 30000 28000 28000 24000 32000 28000

150 150 185 150 150 150 150 160 150 150 150 150 150 150 150 140 140 140 150 140 140 140 140 140 150 135 140 135 140 140 100 100 110 100 110 130 140 130 150 140 150 140 140 120 160 140

225 225 278 225 225 225 225 240 225 225 225 225 225 225 225 210 210 210 225 210 210 210 210 210 225 203 210 203 210 210 150 150 165 150 165 195 210 195 225 210 225 210 210 180 240 210

150 150 185 150 150 150 150 160 150 150 150 150 150 128 113 126 126 126 135 126 126 126 126 126 135 122 126 122 140 140 100 100 110 100 110 130 140 130 150 140 150 140 140 120 160 140

40 41 42 43 44 45 46

100 101 102 103 104 105 106 107 108 109 110

Pen Dimensions and Bunk Measurements Advantage Feedyard, LLC

Head

Pen #

Width Depth Sq. Ft

Bunk Length Count @ 12" Count @ 8" Count @ 200 sq. ft

111 112

140 140 140 140 140 140 120 140 140 180 120 130 130 120 120

200 200 220 220 220 220 220 220 220 220 220 220 220 220 220 100 100 200 240 300 270 300 240 240 300 300

28000 28000 30800 30800 30800 30800 26400 30800 30800 39600 26400 28600 28600 26400 26400

140 140 140 140 140 140 120 140 140 180 120 130 130 120 120

210 210 210 210 210 210 180 210 210 270 180 195 195 180 180

140 140 154 154 154 154 132 154 154 198 132 143 143 132 132

1008 1007 1006 1005 1004 1003 1002 1001 1000

12 13 14 15 H5 H6

50 50

5000 5000

50 50

75 75

25 25

7 8 9

130 110 110 180 270 240 220 200 220 340 340 310 100 100 100 100 100 160 170 170 160 140 150 140 220

26000 26400 33000 48600 81000 57600 52800 60000 66000

100 110 110 135 260 200 200 200 200 320 280 270 100 100 100 100 100 160 170 170 170 170 170 170 170

150 165 165 203 390 300 300 300 300 480 420 405 150 150 150 150 150 240 255 255 255 255 255 255 255

130 132 165 243 405 288 264 300 330 510 408 279

10 11 16 17 18 19 20 21 22 R1 R2 R3 R4 R5 R6 R7

300 102000

240 180 160 160 160 160 160 400 400 420 360 300 240 200 200

81600 55800 16000 16000 16000 16000 16000 64000 68000 71400 57600 42000 36000 28000 44000

80 80 80 80 80

320 340 357 288 210 180 140 220

400 401 402 403 404 405

H7 H8

60 60

80 80

4800 4800

60 60

90 90

24 24

2000 2001

150 150

220 220

33000 33000

150 150

225 225

165 165

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