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• <br /> rI ,f I, / <br /> • <br /> } <br /> RECEIVED <br /> District Court, Water Division No.5 Colorado <br /> Court Address: 109 8T" Street, Glenwood Springs, FOR COURT USE ONLY <br /> Colorado <br /> Phone: 970-945-5075 <br /> IN THE MATTER OF THE APPLICATION OF <br /> BUYLL CREEK RESERVOIR CANAL AND <br /> POWER COMPANY <br /> Case Number: 02CW158 <br /> IN MESA COUNTY, COLORADO DdoliktskiN ONLY <br /> ORDER <br /> By a stipulation filed November 6, 2003, one of the Protestants, Bull Creek Reservoir and <br /> Power Company, filed a stipulation setting forth a mandatory timeline that required reservoirs to be <br /> constructed on or before October 31, 2004. On October 4, 2004, a second amended stipulation was <br /> filed to extend the deadline for completion to October 31, 2005. October 31, 2005 passed without <br /> any court filings. Over five weeks after the October 31, 2005 deadline, the protestant on December <br /> 9, 2005 filed a Motion to approve another extension for completion to July 31, 2006. This Motion <br /> is out of time. <br /> The Court concludes that CRCP 6(b)(2) applies, because the current Motion comes after the <br /> October 31, 2005 deadline. Therefore, the Court directs the Protestant Bull Creek Reservoir Canal <br /> and Power Company to demonstrate excusable neglect as that term is used in Rule 6(b)(2). The <br /> Protestant's Rule 6(b)motion is due January 6, 2006. <br /> Dated: Wednesday, December 14,2005. <br /> BY THE COURT: <br /> Copy of the foreyoing mailed to aii Counsel <br /> or Necord, Water Referee, Div. Engineer <br /> and State Engineer Date 1,1-1,'s/i 5 <br /> el" <br /> Deputy Clerk avatar Piw;F <br /> T. PETER CRAVEN <br /> DISTRICT JUDGE <br />