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DISTRICT COURT, WATER DIVISION 5, COLORADO <br /> Court Address: 109 Eighth Street#104, Glenwood Springs, <br /> CO 81601 <br /> Telephone: (970) 945-5075 <br /> Concerning the Application of Water Right of: <br /> BULL CREEK RESERVOIR CANAL AND POWER <br /> COMPANY <br /> ♦ COURT USE ONLY <br /> IN MESA COUNTY. <br /> Attorney for Protestant: Case Number: <br /> Rosemarie Heidenreich Parker <br /> PO Box 125 01CW337 and Consolidated <br /> Freeburg, IL 62243 Case Nos. 02CW158 and <br /> Phone Number: (618) 539-9956 02CW159 <br /> Fax Number: (618) 539-9954 Div.: 5 Ctrm: <br /> Atty. Reg. #: 31750 <br /> PROTESTANT'S MOTION FOR RELIEF FROM ORDER <br /> Protestant, Bull Creek Reservoir Canal and Power Company, by and through its counsel, <br /> Rosemarie Heidenreich Parker, (hereinafter"Counsel), respectfully requests that this Court <br /> pursuant to CRCP 60 relieve the Protestant of the Order of January 17, 2006 on the grounds of <br /> excusable neglect and accept the Protestant's Rule 6(b) Motion filed with the Court on January 3, <br /> 2006,to approve the Second Amendment to Stipulation and Agreement filed by the parties on <br /> December 9, 2005 on the grounds of excusable neglect. <br /> 1. The State and Division Engineer and the Protestant, Bull Creek Reservoir Canal <br /> and Power Company, entered into a Stipulation and Agreement dated October 31, 2003. <br /> 2. Said Stipulation was amended on October 1, 2004 for another year. <br /> 3. On September 1, 2005, the State and Division Engineer and the Protestant <br /> verbally agreed to extend the Stipulation until July 31, 2006 with certain requirements. <br /> 4. The Motion to Approve Second Amendment to Stipulation and Agreement was <br /> filed on December 9, 2005 after the October 31, 2005 deadline. <br /> 5. The Court, by Order of December 14, 2005, directed that the Protestant <br /> demonstrate excusable neglect as that term was used in Rule 6(b)(2) in the late filing of the <br /> Motion to approve the Stipulation. Protestant's Rule 6(b)Motion was due on January 6, 2006. <br /> 5. On January 3, 2006,Protestant filed by facsimile transmission its Protestant's <br /> Rule 6(b) Motion with this court. <br />