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<br />were created that i rese:rved aII'Dl.lI1ts of Colorado water necessary 11=0 I
<br />operate and main . these various public areas. After oonsolida~ of
<br />,these cases applic t intervened therein in May of 1977 and therea.f :
<br />participated as an ctive litigant in these oonsolidated cases. ~ . s
<br />'action as well as e hereinafter described, the oonrr=ny has andi is
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<br />,incurring legal fee and oosts. "
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<br />2. the late sunrrer or ear y fall of 1977, applicant
<br />:protested an appli tion by Colorado-ute Electric Association, InC. .
<br />Water Division No. (Case No. W-l091-76) because applicant belieVed
<br />: that the granting the relief SOlJ:Jht by Colorado-Ute in this caSe
<br />'oould adversely af the conditional decrees that are the subject 0 ,
<br />this Application, that Colorado-Ute soug~t extensive changes iJ;i I
<br />points of divers' , exchanges and changes J.n places of use of nurrero
<br />'cx:mdi.tional water ees held by it in Water Division 6. In add1!tio I
<br />,to ~ sub7tantial. unt of legal ~rk, it ~ necessary to engag71i1:l"l7 !
<br />'englIleen.ng seIV1- of Ieonard Rice & AsSOCl.ates, Inc. for SbJdiesl.
<br />'COllllection with elopiIlg eviderJce in support of applicant's proPo :
<br />!protest. Sub t thereto various stipulations were entered into
<br />: a final decree has ON entered. ;i
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<br />3. October of 1977 applicant deteDnined it adviilab
<br />: to oppose an appli tion for a change of water right by Energy Fuihs
<br />,Corporation in the Yanpa River or its tributaries in Water DivisiOn
<br />.6 (Case No. W-1l86 77). As in the other actions described hereinl)
<br />. applicant deterrnin it necessary to protest in order to protect the
<br />, conditional decree which are the subject of this application. 4P -
<br />: cant's protest has been on file for nearly a year and this litigati
<br />. still pe11ding. :'
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<br />4. pt.ernber 13, 1978 a Statatent of Opposition ~
<br />. forwarded to the C erk of the District Court for Water Division NO. J.n
<br />; connection with Ca No. W-l464-78, which is an additional appli&ti4n1
<br />, of Colorado-Ute El ic Association, Inc. for a change of water !ri~ts
<br />, in the Yanpa River or its tributaries. This involves eight ditciJks in:
<br />the Yarrpa River in and applicant's protest arose because of a:Jh I
<br />: over its conditi 1 decrees which are the subject of this Appli~ti ,
<br />It is exFeCted tha this litigation will oonsume substantial addi:ti
<br />tiIre and expense. i:
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<br />5. ing a substantial portion of the past four ykar
<br />applicant's 00 in Craig, Colorado, R. H. Peck, Esq., has made al '
<br />detailed review of1 all water applications filed in Water Division, No,. 6
<br />so that applicant Can determine, based upon his reocmrendatians,\Nhether
<br />it is necessary 1file protests to the sane in order to protectl,:thei '
<br />oonditional deer that are the subject of this Application. p,ppliFCl11t
<br />of course incurs -goiIlg expense because of the oontinuing perforrrahck
<br />of this irnportan~function. ';! :
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<br />G. As . denced by Exhibits A and B attached hereto and nabe
<br />part hereof, appl. t has incurred the expenses set forth on S"HiO' '
<br />Exhibits, which ~its include various specific expenses set fin'
<br />various paragraph!f of this Application.: ,: :
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<br />\'lHEREFORE, a licant states that in view of all the fOrego~9, jreasonabie
<br />diligence has derronstrated by it insofar as the Saddle M::lI.nln' . Purrp Sta-
<br />tions water right is ooncemed, and it is acoordingly requested :tha a findiilg
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