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<br />e <br /> <br />e <br /> <br />present and future, for irrigation, mining, manufacturing, and domestic purposes within said <br />districts." C.R.S. S 37-47-107(1)(c) (2005). <br /> <br />37. The Applicant has exercised reasonable diligence in its efforts during this <br />diligence period (August 1995-2001) to put its decreed conditional water rights to beneficial use <br />in the manner required by Colorado law. To establish diligence, an applicant must show "the <br />steady application of effort to complete the appropriation in a reasonably expedient and efficient <br />manner under all the facts and circumstances. See C.R.S. ~ 37-92-301 (4)(b); Munici?al <br />Subdistrict v. Oxv USA. Inc.. 990 P.2d 701 (Colo. 1999); Municipal Subdistrict v. Chevron <br />Shale Oil Co., 986 P.2d 918 (Colo. 1999). The water court's determination of reasonable <br />diligence is a case by case detennination, considering all the relevant evidence, and the following <br />nonexclusive list of factors: 1) economic feasibility; 2) the status of required pennits and <br />governmental approvals; 3) expenditures made to develop the appropriation; 4) the ongoing <br />conduct of engineering and environmental studies; 5) the design and construction of facilities; <br />and 6) the nature and extent ofland holdings and contracts demonstrating the water demand and <br />beneficial uses which the conditional right is to serve when perfected. OXY USA, 990 P.2d at <br />706; Chevron Shale Oil, 986 P.2d at 921. In considering these factors, the Court will take into <br />consideration, as relevant here, the size and complexity of the project and the intervention of <br />outside delaying factors. OxvUSA. 990 P.2d at 706 (citation omitted). Work on one feature of <br />the project may be sufficient to demonstrate diligence towards development of the entire project. <br />Jd. An individual applicant's financial efforts may be considered as part of the diligence finding. <br />Id. at 707. <br /> <br />38. The "can and will" test must be met by an applicant for a finding of reasonable <br />diligence. Municipal Subdistrict. Northern Colorado Water Conservancy Dist. v. Getty Oil <br />Exploration Co., 997 P.2d 557, 564 (Colo.2000); OXY USA. 990 P.2d 701, 707 (CoJo.1999). <br />The legislative intent implied in C.R.S. ~ 37-92-305(9)(b), in diligence proceedings, is to require <br />that the Applicant demonstrate: <br /> <br />that the decreed conditional appropriation is being pursued in a manner which affirms <br />that capture, possession, control, and beneficial use of water can and will occur in the <br />state, thereby justifying continued reservation of the antedated priority pending perfection <br />of a water right. <br />Dallas Creek Water Co. v. Huey, 933 P.2d 27, 37 (CoJo.1997) (footnote omitted). <br /> <br />Conditions which are to some extent dependent on future developments not within the applicant's <br />control, are denominated as "factors" in determining whether the "can and will" statute has been <br />satisfied, rather than as elements of the applicant's proof. See Public Servo Co. v. Board of Water <br />Works, 831 P.2d 470,478-79 (Colo. 1992). <br /> <br />39. Work allegedly done in development of a conditional water right must be <br />evaluated under the circUll1stances in existence at the time it is performed. Application ofTalco. <br />Ltd., 769 P.2d 468, 475 (Colo. 1989). Thus, the Court properly considers only that evidence <br /> <br />17 <br /> <br />