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the right to make absolute based upon flows and use that occur while this application is <br /> pending. <br /> Given the fact that the next six-year diligence period will begin after a decree is <br /> entered in this case,there is no legal basis to deny Breckenridge the right to claim <br /> absolute water rights that it is entitled to based on recorded stream flow and Whitewater <br /> Park use. § 37-92-301(4)(a)(I). Moreover, there is no legal requirement or precedent to <br /> require Breckenridge to amend and republish when it has already clearly stated in its <br /> application, as published, its claim to make additional amounts absolute. <br /> Respectfully submitted this / day of January, 2009. <br /> PORZAK BROWNING &BUSHONG LLP <br /> Glenn E. Porzak(#270) <br /> Katherine A.D. Ryan(#38873) <br /> Attorneys for the Town of Breckenridge <br /> 28062 3 <br />