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RECEIVED <br /> • <br /> OCT 12 2004 <br /> Colorado Water <br /> Conservation Board <br /> DISTRICT COURT, WATER DIVISION 5, <br /> COLORADO <br /> Court Address: 109 Eighth St. #104, Glenwood Springs, <br /> CO 81601 <br /> Phone Number: (970) 945-5075 <br /> Concerning the Application of Water Right of: <br /> BULL CREEK RESERVOIR CANAL AND POWER <br /> COMPANY <br /> IN MESA COUNTY <br /> A COURT USE ONLY A <br /> Rosemarie Heidenreich Parker Case No: <br /> Attorney for Protestant 01CW337 and Consolidated Case <br /> PO Box 489, Mesa, CO 81.643 Nos. 02CW158 and 02CW 1.59 <br /> Phone Number: (970) 268-5085 <br /> Fax Number: (970) 268-5086 Div.: 5 Ctrm.: <br /> Atty. Reg. #: 31750 <br /> AMENDMENT TO STIPULATION AND AGREEMENT __— <br /> WHEREAS the State and Division Engineer and the Protestant, Bull Creek Reservoir <br /> Canal and Power Company, have entered into a Stipulation and Agreement dated October 31, <br /> 2003; <br /> WHEREAS pursuant to Paragraph 8(e) of the Stipulation and Agreement dated October <br /> 31, 2003, the Division Engineer has determined that Protestant has diligently performed all. <br /> actions necessary to complete said project, but due to actions (or inactions) of third parties, has <br /> been unable to complete said project; <br /> WHEREAS the Protestant has requested an extension in writing to the Stipulation and <br /> Agreement dated October 31, 2003 from the Division.Engineer by no later than October 1, 2004; <br /> and <br /> WHEREAS the Protestant has submitted a new timeline acceptable to the Division <br /> Engineer to complete said project attached as Exhibit A; <br /> NOW THEREFORE the parties have agreed to amend the Stipulation and Agreement as <br /> follows: <br /> 1. The Division Engineer has agreed to amend this Stipulation and Agreement to extend the <br /> October 31, 2004 deadline, for another year to October 31, 2005. <br /> �? Lied <br />