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±.T 1 <br />y <br />DISTRICT COURT, WATER DIVISION NO. 7, STATE <br />OF COLORADO <br />1060 East 2 °a Avenue, P.O. Box 3340 <br />FEB 1 9 208 <br />Durango, CO 81301 <br />Uu N UA wLOJ: uo <br />CONCERNING THE ABANDONMENT OF WATER <br />RIGHTS BY: DURANGO MOUNTAIN LAND <br />COMPANY <br />IN LA PLATA COUNTY, COLORADO <br />d COURT USE ONLY d <br />Porzak Browning & Bushong LLP <br />Case Number -434, <br />Steven J. Bushong (#21782) <br />(Q-1 d <br />929 Pearl Street, Suite 300 <br />84CW202 <br />Boulder, CO 80302 <br />Telephone: 303-443-6800 <br />Facsimile: 303 - 443 -6864 <br />Email: sjbushong @pbblaw.com <br />Division 7 <br />MOTION FOR ENTRY OF ORDER RECOGNIZING THE ABANDONMENT OF <br />CERTAIN CONDITIONAL STORAGE RIGHTS DECREED IN <br />CASE NUMBERS W -434, 81CW144, 84CW123, AND 84CW202 <br />Durango Mountain Land Company, LLC ( "DMLC "), by and through its undersigned <br />legal counsel, does hereby request an order of the Court recognizing the abandonment of fourteen <br />(14) conditional storage rights as more particularly described below. <br />1. For more than twenty years, DMLC and its predecessors in interest invested substantial <br />time and money in legal and engineering work in an effort to perfect certain conditional water <br />storage rights decreed by the Water Court in Case Nos. W -434, 81CW144, 84CW123, and <br />84CW202 in the Hermosa Creek drainage ( "Storage Rights "). <br />2. Notwithstanding past work to perfect the Storage Rights, DMLC agreed, as a condition to <br />certain land use approvals, to help protect the Hermosa Creek drainage and riparian environment <br />by relinquishing its control of the Storage Rights. Accordingly, in cooperation with the Colorado <br />Water Conservation Board ( "CWCB "), DMLC filed a Notice of Intent to Abandon Certain <br />Conditional Storage Rights Decreed in Case Numbers W -434, 81CW144, 84CW123 and <br />84CW202 on September 18, 2003 ( "Notice of Intent "), attached hereto as Exhibit A.. By fling <br />the Notice of Intent, DMLC sought to abandon the specific Storage Rights identified therein and <br />owned by DMLC, which represent 1,351 acre -feet of storage senior to the CWCB's in- stream <br />flow right on the East Fork of Hermosa Creek. <br />ri <br />by 20474 <br />