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09-27-2004 03;53PM FROM-DOL NATURAL RESOURCES 3038663558 T-244 P.003/011 F-454 <br />I <br />I have befcce me "Notiice Of Apparent PosiLional Bias And <br />Motion For Disqualification Of Justice Hobbs, With Authorities," <br />"Opposition To f9otion For Disqualification Of Justice I-lobbs," <br />and "Reply to C1,tC51s Opposition to Disqualification of JusLice <br />Hobbs." <br />When an in3tance of possible non-participation ari.ses, it <br />is the practice of the Colorado Supreme Court that each Justice <br />Individually deGermines whether she or he will or will not <br />participate in the Court`3 decision in any case. see Protoca_ls <br />of the Colorado Supreme Court, at, http:/Iwww.courts.state. <br />co,us/supcL/suYctprotocols.htm, <br />ordinarily, a Justice does not explain the reason for his <br />or her participation or non-parzicipation in a case. However, <br />in view of the briefs filed by Lhe atLorneys far Lhe Upper <br />Gunnison District and the State of Colorado in Chis case on the <br />disqualiFication a,ssue, I wish to sLate my reasons tor denying <br />the motion. <br />I intend t.o serve in this case. In doing so, I have <br />reviewed the p?eadings, affidavits, attachments, and applicable <br />law. Taking the all.eged facts as true, I determine Lhat triey do <br />noL constitute a basis for disqual.ificaLion. <br />The disquil.ificaci.on mori.an is based on zxpressions i have <br />made in public regarding issues of Colo.rado water law and this <br />Court's proceaure, exercising my tGaching, writing, and