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<br />~ <br /> <br />. <br /> <br />. <br /> <br />'. <br /> <br />I <br /> <br />( <br /> <br />continuing in full force and effect the conditional uses. <br /> <br />8. Work has been performed as follows toward completion <br />of the appropriation by application of water to the conditional <br />beneficial uses. During the period of time from May 1980 to <br />March 1984 applicant engaged in ongoing negotiations with the <br />United States Corps of Engineers inVOlving approximately 400 <br />hours of Department of Natural Resource staff time for the pur- <br />pose of developing a reservoir operating plan for Bear Creek <br />Lake. An operating plan for Bear Creek Lake is required by the <br />United States Army Corps of Engineers before storage of addi- <br />tional water can be permitted and the conditional uses perfected. <br />In addition, applicant engaged in discussions with various enti- <br />ties, including but not limited to the City of Lakewood, the Town <br />of Morrison, and Indian Hills Water District, to formulate a plan <br />whereby additional water could be stored in Bear Creek Lake. <br />These negotiations and discussions amount to diligent effort to <br />perfect the conditional uses. <br /> <br />9. Water stored pursuant to the water right decreed in <br />Case No. 79 CW 306 that is the subject of this application shall <br />first be used toward maintenance of a permanent pool in Bear <br />Creek Lake (including replacement of Bear Creek Lake permanent <br />pool evaporation losses) before being used for any other pur- <br />poses. <br /> <br />CONCLUSIONS OF LAW <br /> <br />10. This application was timely filed with the Water <br />Court pursuant to sections 37-92-302(1)(a) and 37-92-301(4), <br />C.R.S. (1973 , 1988 Supp.), and this court has jurisdiction over <br />the subject matter of this application and over all persons <br />affected hereby pursuant to section 37-92-203(1), C.R.S. (1988 <br />Supp.). <br /> <br />NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED <br />AS FOLLOWS: <br /> <br />11. This application for a quadrennial finding of reason- <br />able diligence is hereby approved. <br /> <br />l2. Each of the foregoing findings of fact and conclu- <br />sions of law are incorporated by reference herein, and are to be <br />considered a part of the decretal portion hereof as though set <br />out in full. <br /> <br />1936 <br /> <br />-3- <br /> <br />, <br />