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DISTRICT COURT, WATER DIVISION NO. 5, STATE OF <br /> COLORADO <br /> 109— 81h Street, Suite 104 <br /> Glenwood Springs, CO 81601 <br /> CONCERNING THE APPLICATION FOR WATER <br /> RIGHTS OF THE EAGLE RIVER WATER & <br /> SANITATION DISTRICT <br /> IN EAGLE COUNTY, COLORADO <br /> • COURT USE ONLY • <br /> Porzak Browning & Bushong LLP Case Number: 08CW72 <br /> Glenn E. Porzak (#2793) (00CW259) <br /> Eli A. Feldman (#36871) <br /> 929 Pearl Street, Suite 300 <br /> Boulder, CO 80302 Water Division: 5 <br /> Tel: 303-443-6800 <br /> Fax: 303-443-6864 <br /> Email: gporzak @pbblaw.com <br /> RULING OF THE REFEREE AND DECREE OF THE WATER COURT <br /> The application in this case was filed on June 25, 2008, and was referred to the Water <br /> Referee for Water Division No. 5, State of Colorado,by the Water Judge of said Court in <br /> accordance with Article 92 of Chapter 37, Colorado Revised Statutes, known as the Water Right <br /> Determination and Administration Act of 1969. <br /> The undersigned Referee, having made such investigations as are necessary to determine <br /> whether or not the statements in the application are true, and having become fully advised with <br /> respect to the subject matter of the application, does hereby enter the following as the Ruling of the <br /> Referee in this matter: <br /> 1. Application. This matter involves the Application to Make Conditional Rights <br /> Absolute and for a Finding of Reasonable Diligence filed by the Eagle River Water& Sanitation <br /> District (the "District"), c/o Manager, 846 Forest Road, Vail, Colorado 81657. <br /> 2. Jurisdiction. All notices required by law have been duly given and the District <br /> Court in and for Water Division No. 5 (the"Water Court") has jurisdiction over the application <br /> and all parties affected thereby, whether or not they have chosen to appear. <br /> EXHIBIT <br /> 1 <br />