NLLAPP00357

• Case Number: W-2806-76
• Lake Name: MIRROR LAKE
• Watershed: Taylor River
• Water Division: 4
• Water District: 59
• County: Gunnison
• NLL App - Doc Type: Final Decree/Stipulations

III IHE DISTRICT COURT IN NiU !Oil

STATE OF COLORADO

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IJATER DIVISION NO.4

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Case No. II -2806

HI THE HATTER OF THE APPLICATION FOR I'IATER' )
RIGHTS OF COLORADO WATER CONSERVATION BOARD,)

IN THE GUNNISON RIVER OR ITS TRIBUTARIES; )
TRIBUTARY INVOLVED: r~IRROR LAKE, IN GUNNISON)
COUNTY. )

SW'J,'1ARY JUDGI,jEIIT MID DeCReE

This matter came on this 10th day of Auqust , 1977 , upon the rl"
by the united States of Ameri ca toareferee' s rul i ng; and the Dil,;:t be i nJ ad'! i ..ed ,
DOTH FIIID:

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amended The application is for a VI ater storage right; the Uni led States filed opposition
opposltion to the applicat~on; the referee entered a t'uling and in effect denied
the "relief" requested by the United States; The United States tnen filed a prot"sl
to the ruling; the protestant "concedes that diligence has. been shm,"" by the applicant;
tha t the protes tant has no 1 ego 1 gr.ounds for a protes t; that there is no subs ten t i a 1
controversy nor material fact controverted and a summary judgr.1ent should enter to save
time and expense to the litigants and to keep from cluttering the court's docket; that
any decree entered is automatically subject to any reserved Federal I-later rignts, if
such is found; that protestant claims the language requested is to put the applicent
on notice of the pending clai,ms; that the statement of opposition serves the "",e
purpose; that there is no statutory provision reqlriring an applic~nt to get c sr2cial
use permit f}~om the United States and the inclusion of such langu2ge is superfluous
and in addition is a thinly veiled threat 'lhicn cannot be enforced by the Court; that
the referee's ruling should be affirmed, as is,

a:ld

CONCLUSImlS OF LAH

1. Summary Judgment can enter if there is no genuine issue as to any material
fact and there is no substantial legal controversy.

2. These matters are controlled by C.R.C.P.

3, A protest shall clearly identify the ruling being contestod and shall
state the factual and legal grounds for'the protest. There are no legal grounds iccl uded
in the protest. ---

ruling.

4. The I-later Judge may con 'Ii rm, modify, reverse, or reverse and remand a

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5. Tha t even tnougn C. R. C. P. does not provi de for a s u:cne.t"y .i udgmen t on I'!ot ion
of the Court> the Court may enter the- same in a case vlhere the protest does not mc~t. ~he
requirements of the laiN.

\'IHEREFORE, IT IS THE ORDER OF niE COUHT:

1. Thilt the protest of the' United Stat.es be SlIl"lIlarily dis",is~.(er!, and

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2. The ruling of the referee is hereby APPROVED, adopted by 1:n2 Court, and
made a DECREE.

DONE IN OPEN COURT THIS JQtb....day of _~__,19JL.

BY TIlE COURT:

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