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IV. CONCLUSION. <br />The State advanced non - frivolous arguments at trial concerning large <br />appropriations of a type that had not previously been recognized by the Supreme Court. <br />The State attempted to reduce the costs to all parties by requesting a continuance, by <br />initiating settlement negotiations, and by filing motions intended to the narrow, issues <br />at trial. There is no evidence the State acted frivolously or vexatiously. Accordingly, the <br />Applicants' Joint Motion for Costs and Fees should be denied. <br />Dated this 2 day of August 2002. <br />KEN SALAZAR <br />Attorney General <br />cio�� �­_ - - <br />J C , 2 144* <br />SUSAN SC ER, 19961* <br />Assistant Attorneys General <br />Water Rights Unit <br />Natural Resources and Environment Section <br />Attorneys for State of Colorado <br />*Counsel'of Record <br />15 <br />