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.a� <br />District Court, Water Division No.5 Colorado FOR COURT USE ONLY <br />Court Address: 109 8 Street, Glenwood Springs, <br />Colorado <br />Phone: 970-945-5075 <br />IN THE MATTER OF THE APPLICATION OF <br />BUYLL CREEK RESERVOIR CANAL AND <br />POWER COMPANY <br />IN MESA COUNTY, COLORADO <br />ORDER <br />Case Number: 02CW158 <br />A,�VD��/O�@ ONLY * <br />By a stipulation filed November 6, 2003, one of the Protestants, Bull Creek Reservoir and <br />Power Company, filed a stipulation setting forth a mandatory timeline that required reservoirs to be <br />constructed on or before October 31, 2004. On October 4, 2004, a second amended stipulation was <br />filed to extend the deadline for completion to October 31, 2005. October 31, 2005 passed without <br />any court filings. Over five weeks after the October 31, 2005 deadline, the protestant on December <br />9, 2005 filed a Motion to approve another extension for completion to Ju1y 31, 2006. This Motion <br />is out of time. <br />The Court concludes that CRCP 6(b)(2) applies, because the current Motion comes after the <br />October 31, 2005 deadline. Therefore, the Court directs the Protestant Bull Creek Reservoir Cana1 <br />and Power Company to demonstrate excusable neglect as that term is used in Rule 6(b)(2). The <br />Protestant's Rule 6(b) motion is due 7anuary 6, 2006. <br />Dated: Wednesday, December 14, 2005. <br />BY THE COURT: <br />Copy of the foreyoing maii�d to aii Couns�l, <br />or Fiecord, Water Referee, Div. Engineer <br />and State Engiwaer Date ;� <br />Depury Cl��c �tpr 8i�; 9, <br />�����. <br />� �`�;��( T. PETER CRAVEN <br />DISTRICT JUDGE <br />� , <br />-' I <br />� I <br />;' <br />� <br />� <br />� <br />� <br />� <br />.. �! <br />� <br />, <br />' <br />, <br />� <br />' <br />' <br />