Expected Motion for Continuance of Trial

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DISTRICT COURT, WATER DIVISION 4 MONTROSE COUNTY, COLORADO 1200 N. Grand Ave., Bin A Montrose, CO 81401 -3146 CONCERNING THE APPLICATION FOR WATER RIGHTS OF UPPER GUNNISON WATER CONSERVANCY DISTRICT IN GUNNISON COUNTY, COLORADO. COURT USE ONLY Attorneys for the State of 'Colorado: Case No. 02CW38 KEN SALAZAR, Attorney General SUSAN J. SCHNEIDER, Assistant Attorney General Div. /Crtrm. Attorney Reg. No. 19961 * LORI J. COULTER, Assistant Attorney General Attorney Reg. No. 17766* 1525 Sherman Street, 5 th Floor Denver, CO 80203 Telephone: (303) 866 -5046 & (303) 866 -5072 *Counsel of Record EXPEDITED MOTION FOR CONTINUANCE OF TRIAL The Colorado Water Conservation Board ( "CWCB ") and the State and Division Engineers, (collectively, "the State "), through the undersigned counsel, hereby submit their Motion for Continuance of Trial and as grounds therefor, state the following: 1. This matter is currently set for a one -week trial commencing September 15, 2003. 2. Pursuant to the Case Management Order entered March 24, 2003, the cut off date for discovery was to be August 6, 2003. On July 9, 2003 the Court entered an Order extending the cut -off deadline to and through August 13, 2003. 3. Despite the August 13, 2003 discovery cut -off deadline, discovery is continuing well beyond that date and the limits set forth in CRCP 30(d)(2), C.R.S. (2002) because of scheduling difficulties, absent reporters and depositions that have been continued beyond the originally scheduled dates. As of the date of this Motion, several depositions are continuing, and one was cancelled after the Applicant's reporter failed to appear, and has not yet been rescheduled. In sum, at least one deposition will occur as late as August 21, 2003. Until all the depositions are