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DISTRICT COURT, WATER DIVISION NO. 5, STATE OF <br />COLORADO <br />109-8 th Street, Suite 104 <br />Glenwood Springs, CO 81601 <br />CONCERNING THE APPLICATION FOR WATER <br />RIGHTS OF THE EAGLE RIVER WATER & <br />SANITATION DISTRICT <br />IN EAGLE COUNTY, COLORADO <br />♦ COURT USE ONLY <br />Porzak Browning & Bushong LLP <br />Case Number: 08CW72 <br />Glenn E. Porzak ( #2793) <br />(00CW259) <br />Eli A. Feldman ( #36871) <br />929 Pearl Street, Suite 300 <br />Boulder, CO 80302 <br />Water Division: 5 <br />Tel: 303 -443 -6800 <br />Fax: 303 -443 -6864 <br />Email: rzak bblaw.com <br />RULING OF THE REFEREE AND DECREE OF THE WATER COURT <br />The application in this case was filed on June 25, 2008, and was referred to the Water <br />Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court in <br />accordance with Article 92 of Chapter 37, Colorado Revised Statutes, known as the Water Right <br />Determination and Administration Act of 1969. <br />The undersigned Referee, having made such investigations as are necessary to determine <br />whether or not the statements in the application are true, and having become fully advised with <br />respect to the subject matter of the application, does hereby enter the following as the Ruling of the <br />Referee in this matter: <br />1. Apl2lic_ ation This matter involves the Application to Make Conditional Rights <br />Absolute and for a Finding of Reasonable Diligence filed by the Eagle River Water & Sanitation <br />District (the "District "), c/o Manager, 846 Forest Road, Vail, Colorado 81657. <br />2. Jurisdiction All notices required by law have been duly given and the District <br />Court in and for Water Division No. 5 (the "Water Court") has jurisdiction over the application <br />and all parties affected thereby, whether or not they have chosen to appear. <br />EXHIBIT <br />