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<br />would not prevent the Applicant from using its whitewater course, which is already <br />being used. <br />9. Pursuant to C.R.C.P. 120 § 1-15, counsel for the State hereby certifies that she has <br />conferred with counsel for the Applicant regarding the continuance sought by this <br />motion. Although discussions are ongoing, the Applicant has not presently agreed to <br />such continuance. The Upper Yampa River Water Conservancy District, the Town <br />of Oak Creek, the Town of Yampa, Morrison Creek Metropolitan District, R& S <br />Ranch, VGS Enterprises, Wharton Development Group, Routt County <br />Commissioners do not object to this Motion. Accordingly, the State is filing this <br />motion in order to ensure that costs of litigation are kept to a minimum until the <br />Supreme Court resolves certain disputed issues. <br />WHEREFORE, the State hereby respectfully requests that the Court stay the <br />proceedings in this matter pending the Supreme Court ruling in Case 04SA44, which <br />wilJ provide the parties and this Court guidance on: (1) the constitutionality of SB <br />216; (2) the extent to which SB 216 limits RICDs; and (3) whether the CWCB was <br />acting outside of its authority in making certain determinations or considering certain <br />evidence. Further, a stay would allow the CWCB and other parties to pursue <br />meaningful settlement. Thus, allowing the Supreme Court to resolve the primary legal <br />issues in this case would promote judicial economy and conserve the parties' and State <br />resources. <br />A draft order is attached, for the Court's convenience. <br />Submitted this day of June, 2004. <br />KEN SALAZAR <br />Attarney General <br />SUSAN J. S EIDER, # 19961 <br />Assistant Attorney General <br />Natural Resources and Environment Section <br />vbAttorneys for CWCB