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did recognize that Protestant may request an extension of the October 31, 2004 deadline <br /> to October 31, 2005 by making such a request in writing to the Division Engineer no later <br /> than October 1, 2004. <br /> 5. Although consistent bi-monthly reporting had not been submitted to the <br /> Engineers and no progress made on the project, under a Stipulation dated October 1, <br /> 2004, the Engineers did agree to allow the Protestant an additional year to October 31, <br /> 2005 in which to complete construction of the project. <br /> 6. On or about December 6, 2005, the Engineers agreed to again delay seeking <br /> an order of abandonment of the subject water rights and allowed Protestant until July 31, <br /> 2006, to produce preliminary engineering sufficient to outline the costs of the proposed <br /> project, to demonstrate they have completed the requisite environmental review and <br /> permitting processes, and to submit a timeline for completion of the project. The <br /> Engineers support that agreement. <br /> 7. For the duration of this case the Engineers have worked with the Protestant <br /> in an effort to allow them to move forward with their reservoir project, recognizing that <br /> Protestant has spent a significant amount of money and that significant water rights are at <br /> stake. However, the Engineers are not willing to allow this case to remain unresolved <br /> indefinitely to the detriment of potential water users while the Protestant attempts to put a <br /> project together. <br /> 8. The Engineers support the Protestant's Motion to Approve Second <br /> Amendment to the Stipulation and Agreement and entry of the Second Amendment to <br /> Stipulation and Agreement by this Court. However if Protestant fails to produce the <br /> submittals required under the terms of that Stipulation by July 31, 2006, the Engineers <br /> will move for an order of abandonment of the water rights for Bull Creek Reservoir Nos. <br /> 1, 2, 3 and 4. <br /> WHEREFORE the State and Division Engineers request that the Court enter the <br /> Second Amendment to Stipulation and Agreement and allow the Protestant until July 31, <br /> 2006 to demonstrate compliance with the terms of that Stipulation. <br /> Submitted this 6th day of February, 2006. <br /> JOHN W. SUTHERS <br /> Attorney General <br /> Signed original on file with the Office of the Attorney <br /> General for the State of Colorado <br /> /sâś“Jenhiffrr 019, #30720 for <br /> AMy STENGEL, No. 34565 <br /> Assistant Attorney General <br /> Water Rights Unit <br /> Natural Resources & Environment Section <br /> Attorneys for the State and Division Engineers <br />