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rAil N(), ..::!UJL383.I99 whenever the CWCB emers a settlement with a palty who has followed procedures outlined in the Rules, 3, P~lcific/Desert's failure to file fl timely Notice of Party Status should not be eonsiuered excusable neglect, The ewcs's noticing anu public palticipatiOl~ process is extensive, In addition to the eWCB's subscl'iption mailing list, notice of the proposeu action on Horsel1y Creek has appeared in multiple CWCB meeting agendas in 2004 and 2005, and nOlice has been posted on the CWCB websitc for more than a year, Horsefly Creek has been on the eWCB work plan for more than 3 years, and this is ,,1so posted on the website, In addition, the CWCR has notified county commissioners, local governments, and 10c,11 water commissioners of the proposed action, Finally, the CWCB has held mcetings wilhin the basin to uiseuss the proposcd appropl'iation. Thc Rules do not require notification of each potentially aJfccted water lights owner, became the State of Colorudo does not muintain ownership records for water rights, As wilh wllter court proceedings, it is lhe duty of water rights owners to peruse public notices to identify actions that may Ilrfeet their water rights, In addition, at the time of property acquisition, the hurc1en is upon buyers to exercise due uiligence in investigating pending actions that may affcct water rights that llrc pllrt of the transaclion. 4. COllnsel for Pacifie/I)esert asselts that her client's water rights may be affecled by the proposed approprialion, hut provides no comprehenslveliRt of the water rights owned by hcr client, !lnu no analysis of how those water righls may be adversely affected, The burdon is upon the potential intervenor to provide uetailed information about how their Wllter rights may be injured, or the eWCB has no basis upon which to grant a motion\() intervene. If Pacific/Desert claims historic and llnadjudicated water uses, the Instl'enm Flow Rules allow for recognition of historic uses. The appropriate time for recognition of these uses would be in the formulation of an application and prOposed decree fOl' the instrelllll flow appropriation. Pacific/Desert has the opPOltunity to request recugnition 6f these historic uses, because counsel for CWCB has not yet drafted a water rights application and a proposed dccree, 5, The proposed appropriation on Horselly Creek wa.~ already tabled once by the CWeB to allow the staffto negotiate torms ~mcl conditions with water users in the basin, Tn addition, the proposed amounts llnu timing of the proposed decree have becn reduced in responsc to input from water users. Purlher delay of the proposed appropriation will unuclt'lninc the eredibilily of Instremll Flow Rules, It will also devalue the extensive coopel'llliOll by staff and recommending agencies in developing tcrms, condition, timing, nnd amounts with parlies who participated in the proceedings as set forth in the Rules, BLM is confident (hut the CWCB starr can address PacificlDesert's concerns during the wutcr court process and preserve the credibility of the new appropriation process, P,uDa . . .