C150240 Feasibility Study

• Contract/PO #: C150240
• Contractor Name: Bull Creek Reservoir, Canal & Power Company
• Contract Type: Loan
• Water District: 0
• County: Mesa
• Loan Projects - Doc Type: Feasibility Study

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,06 13:24 6185399954 HEIDENREICH F'AKKtrc raut e.�
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Protestant alleges excusable neglect on the filing of the �'rotestant's Rule 6(b) Mot�on as
follows:
1. Counsel prepared Protestazat's Rule 6(b) Motion and filed it by facsiz�xle
transmission wi�th t�uis Court on Januaay 3, 2006. The facsami�e cover sheet and transmission
verifiication report showing 8 pages received by the Court at the telephone number (970) 945-
8�56 are attached as Exhibit 1.
2. Upon seeing the transJZ�issioz� ve�i�cat�on zeport, Counsel believed that the
It�ouion had beez� zeceived by the Court. Counsel has prevlous�y filed many documents by
facsimile transmission with the Court without any difficulty, always rely�z�g on the tTansmission
veri�cabion repoxt that the doeument had been receaved. Ala documents pr�viously filed this way
had been received on a timely basis ar�d ��ed by tt�e Court on a timely basis.
3. Upon receiving the Court's Order of January � 7, 2006, Counsel spoke with the
Division 5 Watez Clezk who did not have a record of the filing of Pz'otestaz�t's Rule 6(b) Motion.
Counsel also spoke with the Garfield Combined Court Clerk conceming whether a log was kept
of facsimile transmissions received on January 3, 2006 and was told that if a�og was kept it
would ba.ve beeu destroyed by now.
4. Counsel was unable to determine the reason why tk�e Mot�oza was not received by
the Court and filed pzoperly.
WHEREFORE, Protestant respect�fu�ly zequests that this Court pursuant to CRCP 60
relieve the Pzotestant of the Order of January 17, 2006 on the gz�ounds o£ excusable neglect,
accept the Pmtestant's Rule 6(b) Motioz► filed with the Court on January 3, 2006, an�d approve
the Second Amendz��en�t to Stipulalion and Agr�eement filed by the parties ozz Decez�nnbez 9, 2005
on the grounds of excusable negtect.
Dated this 18th da.y of January, 2006.
Rosemarie Heidenreich Paxker
Attorney for Pzotestaint
PO Box 125
Freeburg, IL 62243
Phone: [phone]
Fax: [phone]
Copy of the io��egoing mailed to all Coun�el
of Record, Water Referee, Div ' eer
and State Engineer Date �; `
�- a..t:.L
Qeputy Clerk. Water Div. 5
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