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<br />98CW278 - <br />Water Div. 1 ., <br /> <br />The viability of the portion of the water right that remains conditional claimed herein depends in <br />part upon the Corps of Engineers final reallocation of storage space in Bear Creek. <br /> <br />CONCLUSIONS OF LAW <br /> <br />G. The foregoing Findings of Fact are incorporated in these Conclusions ofLaw. <br /> <br />H. The Referee concludes that this Pinding of Reasonable Biligence is one <br />contemplated by law and that this Court has exclusive jurisdiction over this proceeding pursuant to <br />937-90-137(6) and ~37-92-203, C.R.S. (1998). <br /> <br />1. This Finding of Reasonable Diligence was filed with the Court pursuant to ~37-92- <br />301 and 37-92-302(I)(a), C.R.S. (1998). <br /> <br />J. The applicant has demonstrated reasonable diligence pursuant to 937-92-305, <br />C.R.S. (1998.), and is entitled to conditional water right sought herein as a matter oflaw. <br /> <br />K. The Division Engineer has entered a Summary of Consultation pursuant to 937-92- .- <br />302(4), C.R.S. (1998), apprllving the finding of reasonable diligence. _ <br /> <br />RULING OF THE REFEREE <br /> <br />NOW, THEREFORE IT IS HEREBY THE RULING OP THE WATER REFEREE: <br /> <br />1. The Pindings of Fact and Conclusions of Law set forth in paragraphs A through J <br />above are incorporated into the terms of this Ruling as if the same were fully set forth herein. <br /> <br />M Applicant shall install and maintain such meters, measuring devices or other <br />structures as may be required by the Division Engineer. Applicant shall also annually prepare and <br />provide accounting reports to the Division Engineer to determine its diversions into storage, <br />releases, evaporative losses, deliveries and bypass of out-of-priority inflow. To accomplish this, <br />Applicant agrees to employ an appropriate accounting form to record operations at Bear Creek <br />Reservoir. At such time that the Applicant seeks findings of continue! diligence or perfection of <br />the subject water right from this court, the adequacy and format of the required accounting reports <br />shall be subject to the review of the parties and the court. <br /> <br />e <br /> <br />3 <br />