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r slr �' <br /> ; (t5 <br /> . 1 <br /> Et-ct (6 j <br /> 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 /> JOHN W. SUTHERS, Attorney General Case Number: <br /> AMY STENGEL, #34565* 01CW337 and Consolidated <br /> Assistant Attorney General <br /> 1525 Sherman Street, 5`h Floor Case Nos. 02CW158 and <br /> Denver, CO 80203 02CW 159 <br /> (303) 866-5361 <br /> *Counsel of Record Div.: 5 Ctrm: <br /> RESPONSE TO PROTESTANT'S MOTION FOR RELIEF FROM ORDER <br /> The State and Division Engineers("Engineers"), through undersigned counsel, <br /> hereby submits this Response to Protestant's Motion for Relief from Order. <br /> 1. Pursuant to C.R.S. § 37-92-401 (2000), the Office of the Division Engineer <br /> filed the decennial abandonment list ("2000 Revised Abandonment List") with the water <br /> clerk on or about December 31, 2001, including portions of the Bull Creek Reservoir No. <br /> 1, No. 2, No. 3 and No. 4 water rights on that list. <br /> 2. Protestant filed a timely protest to the inclusion of those water rights on the <br /> 2000 Revised Abandonment List as well as an application for a change in a portion of the <br /> subject water rights. <br /> 3. In a Stipulation dated October 31, 2003 between the parties, the State and <br /> Division Engineers agreed to recommend that the Court withdraw certain portions of <br /> those water rights from the 2000 Revised Abandonment List and Protestant agreed that <br /> certain portions of those rights would be abandoned. Protestant also agreed to file an <br /> application for a change in water rights with the Water Court within one year of entry of <br /> the Stipulation and committed to putting the water rights to beneficial use within one year <br /> of the change of water rights being decreed. <br /> 4. As part of the October 31, 2003 Stipulation, Protestant agreed to report in <br /> writing to the Division Engineer on a bi-monthly basis on progress made toward fulfilling <br /> each stop of the construction plan for the reservoir project, and included seven specific <br /> deadlines for various stages of the project. Parties agreed that failure of the Protestant to <br /> complete construction of the entire project by October 31, 2004 or otherwise failing to <br /> comply with the terms of the Stipulation would result in abandonment of Bull Creek <br /> Reservoir Nos. 1, 2, 3 and 4 without the need for further proceedings. The Stipulation <br />