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DISTRICT COURT, WATER. DNISION NO. 7, STATE OF <br />- <br />t I <br />COLORADO <br />FILED <br />IN DISTRICT COURT WATE R DIVISION 7 <br />10602 ,d Avenue, P.O. Box 3340 <br />Y w; <br />Durango, CO 81302 <br />f <br />t <br />CONCERNING THE ABANDONMENT OF WATER RIGHTS BY: <br />DUR.ANGO MOUNTAIN LAND COMPANY <br />COURT USE ONLY A <br />IN LA PLATA COUNTY, COLORADO <br />Porzak Browning & Bushong LLP <br />CASE NUMBERS: W -434, <br />Steven J. Bushong ( #21782) <br />81CW144, 84CW123, and <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 />DNISION 7 <br />NOTICE OF INTENT TO ABANDON CERTAIN <br />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 declare and advise the District Court in and for Water Division No. 7 <br />of its intent to abandon fourteen (14) conditional storage rights as more particularly described <br />below. <br />1. Intent to Abandon. For more than twenty years, DMLC and its predecessors in <br />interest have invested substantial time and money in legal and engineering work in an effort to <br />perfect conditional water storage rights decreed by the Water Court in Case Nos. W -434, <br />81CW144; 84CW123, and 84CW202 in the Hermosa Creek drainage ("Storage Rights "). <br />Notwithstanding those efforts, DMLC, in cooperation with the Colorado Water Conservation <br />Board ( "CWCB "), does hereby notify the Water Court of its intent to abandon those water rights <br />in order to help protect the riparian environment in Hermosa Park. The Storage Rights total <br />1,351 acre -feet and are all senior to the CWCB in- stream flow rights on the East Fork of <br />Hermosa Creek decreed in Case No. 84CW278. <br />2. Orijzinal Decrees. The Storage Rights were decreed by the Water Court in the <br />following cases: <br />A. Case No. W -434. By Decree dated April 13, 1972, a conditional water <br />right of 300 acre -foot was granted for Hermosa Park Reservoir from the East Fork of Hermosa <br />AB0265 <br />EXHIBIT <br />B <br />A <br />