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w <br />DISTRICT COURT, WATER DIVISION 5, COLORADO <br />Court Address: 109 Eighth Street #1Q4, Glenwood Springs, <br />rn R 1 F(11 E� <br />945-5075 <br />Concerning the Application of Water Right of: <br />BULL CREEK RESERVOIR CANAL AND POWER <br />COMPANY <br />CO <br />Fili <br />IN MESA COUNTY. <br />JOHN W. SUTHERS, Attorney General <br />AMY STENGEL, #34565* <br />Assistant Attorney General <br />1525 Sherman Street, S Floor <br />Denver, CO 80203 <br />(303) 866-5361 <br />*Counsel of Record <br />:D Documene <br />iriield County District Court 9th JD <br />Date: Reb G 200b IO:SiA14 17ST <br />1 D: I 0504173 <br />v Clcrk: Kath�° H�11 <br />COURT USE ONLY ♦ <br />Case Number: <br />OlCW337 and Consolidated <br />Case Nos. 02CW158 and <br />n�nwi 59 A <br />Div.: 5 Cmn: <br />RESPONSE TO PROTESTANT'S MOTION FOR RELIEF FROM ORDER <br />The State and Division Engineers ("Engineers"), through undersigned counsel, <br />hereby submits this Response to Protestant's Motion for Relief from Order. <br />1. Pursuant to C.R.S. § 37-92-401 (2000), the Office of the Division Engineer <br />filed the decennial abandonment list ("2000 Revised Abandonment List") with the water <br />clerk on or about December 31, 2001, including portions of the Bull Creek Reservoir No. <br />1, No. 2, No. 3 and No. 4 water rights on that list. <br />2. Protestant filed a timely protest to the inclusion of those water rights on the <br />2000 Revised Abandonment List as well as an application for a change in a portion of the <br />subject water rights. <br />3. In a Stipulation dated October 31, 2003 between the parties, the State and <br />Division Engineers agreed to recommend that the Court withdraw certain portions of <br />those water rights from the 2000 Revised Abandonment List and Protestant agreed that <br />certain portions of those rights would be abandoned. Protestant also agreed to file an <br />application for a change in water rights with the Water Court within one year of entry of <br />the Stipulation and committed to putting the water rights to beneficial use within one year <br />of the change of water rights being decreed. <br />4. As part of the October 31, 2003 Stipulation, Protestant agreed to report in <br />writing to the Division Engineer on a bi-monthly basis on progress made toward fulfilling <br />each stop of the construction plan for the reservoir project, and included seven specific <br />deadlines for various stages of the project. Parties agreed that failure of the Protestant to <br />coinplete construction of the entire project by October 31, 2004 or otherwise failing to <br />comply with the terms of the Stipulation would result in abandonment of Bull Creek <br />Reservoir Nos. 1, 2, 3 and 4 without the need for further proceedings. The Stipulation <br />�i <br />�� <br />, I <br />u <br />' I <br />' I <br />❑ <br />' I <br />' I <br />��� <br />' I <br />�I <br />, I <br />�I <br />�I <br />, I <br />❑ <br />' I <br />1 <br />