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� � did recognize that Protestant may request an extensian of the October 31, 2004 deadline to October 31, 2005 by making such a request in wriking to the Division Engineer no later than October 1, 2004. 5. Although consistent bi-monthly reporting had not been submitted to the Engineers and no progress made on the project, under a Stipulation dated October l, 2004, the Engine�ers did agree to allow the Protestant an additional year to October 31, 2005 in which to complete construction of the project. 6. On or about December 6, 2005, the Engineers agreed to again delay seeking an order of abandonment of the subject water rights �nd allowed Protestant unril July 31, 2006, to produce preliminary engineering sufficient to outline the costs of the proposed project, to demonstrate they have completed the reqt►isite environmental review and permitting processes, and to submit a timeline for completion of the project. The Engineers suppo��t that agreement. 7. For the duration of this case the Engineers have worked with the Protestant in an effort to allow them to move forward with their reservoir project, recognizing that Protestant has spent a significant amount of money and that significant water rights are at stake. However, the Engineers are not willing to allow this case to remain unresolved indefinitely to the detriment of potential water users while the Protestant attempts to put a project together. 8. The Engineers support the Protestant's Motion to Approve Second Amendment to the Stipulation and Agreement and entry of the Second Amendment to Stipulation and Agreement by this Court. However if Protestant fails to produce the subinittals requu•ed under the terms of that Stipulation by July 31, 2006, the Engineers will move for an order of abandonment of the water rights for Bull Creek Reservoir Nos. 1, 2, 3 and 4. WHERE:EORE the State and Division Engin.eers request that the Court enter the Second Amendrnent to Stipulation and Agreement and allow the Protestant until July 31, 2006 to demonstrate compliance with the terms of that Stipulation. Submitted this 6�' day of February, 2006. JOHN W. SUTHERS Attorney General Signed wiginal on fde with the Ofice of fhe Attomey General (orfhe State ofCobrado /s/JenniferMele, #30720 for AMY S'�ENGEL, No. 34565 Assistant Attorney General Water Rights Unit Natural Resources & Environment Section Attorneys for the State and Division Engineers