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the standard Golden must satisfy. This greatly simplifies the issues before the Court. Allowing <br />the CWCB to intervene at this late date based upon nothing more than conclusory allegations, <br />will add significant cost and delay to these proceedings, and prejudice the adjudication of <br />Golden's water rights. <br />9. Finally, the CWCB asserts that it should be granted intervention because it is the <br />agency that, by statute, participates in applications to adjudicate new recreational in- channel <br />diversions. Motion at 14. When the CWCB was granted that authority, applications for <br />recreational water rights filed prior to. January 1, 2001, were specifically grandfathered. C.R.S. <br />37- 92- 102(6)(d). Golden's application in Case No. 98CW448 was filed in 1998. <br />10. In conclusion, the CWCB has not satisfied its burden of establishing the <br />prerequisites for intervention under § 37 -92- 304(3). Moreover, as explained above, allowing the <br />CWCB to intervene will prejudice Golden by forcing it to bear the costs of unnecessarily <br />defending its recreational water rights against the CWCB once again. <br />WHEREFORE, Applicant respectfully requests that the Court deny the CWCB's Motion <br />to Intervene. <br />Dated this 14th day of March, 2008. <br />PORZAK BROWNING & BUSHONG LLP <br />Glenn E. Porzak (#-V793) <br />Steven J. Bushong ( #21782) <br />Katherine A.D. Ryan ( #38873) <br />Attorneys for the City of Golden <br />18643 3 <br />