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<br />. <br /> <br />Dy-----:-"UEPUTi--. <br /> <br />Case No. W -2918 <br /> <br />IN THE l'lATTER OF THE APPLICATION FOR WATER ~ <br />RIGHTS OF THE COLORADO WATER CONSERVATION <br />BOARD, IN THE DOLORES RIVER OR ITS TRI8UTARI , <br />TRIBUTARY INVOLVED: LITTLE CREEK, IN ) <br />MESA COUNTY. ) <br /> <br />SUMMARY JUDGI~ENT AND DECREE <br /> <br />This matter came on this '?/~4-ay of m",<c..e~ 19-ZL, upon the protest <br />by the United States of America to a referee's rUling; and the Court being advised, <br />DOTH FIND: <br /> <br />The application is for a surface water right; the United States filed <br />opposition to the application; the referee entered a ruling and in effect denied <br />the "relief" requested by the United States; The United States then filed a protest: <br />'to the ruling; the protestant "concedes that diligence has been shown" by the applicant; <br />that the protestant has no legal grounds for a protest; that there is no substantial <br />controversy nor materi al fact controverted and a summary judgment shoul d enter to save <br />time and expense to the litigants and to keep from cluttering the court's docket; that <br />any decree entered is automatically subject to any reserved Federal water rights. if <br />such is found; that protestant claims the language requested is to put the applicant <br />on notice of the pending claims; that the statement of opposition serves the same <br />purpose; . that there is no statutory provision requiring an applicant to get a special <br />use permit from the United States and the inclusion of such language is superfluous <br />and in addition is a thinly veiled threat which cannot be enforced by the Court; that <br />the referee's ruling should be affirmed, as is. <br /> <br />CONCLUSIONS OF LAW <br /> <br />" <br /> <br />1. Summary Judgment can enter if there is no genuine issue as to any material <br />fact and there is no substantial legal controversy. <br /> <br />2. These matters are controlled by C.R.C.P. <br /> <br />3. A protest shall clearly identify the ruling being contested and shall <br />state the factual and legal grounds for the protest. There are no legal grounds included <br />in the protest. ---- . <br /> <br />4. The Water Judge may confirm, modify, reverse, or reverse and remand a <br /> <br />ruling. <br /> <br />, <br /> <br />5. That even though C.R.C.P. does not provide for a summary judgment on Motion <br />of the Court, the Court may enter the same in a case where the protest does not meet the <br />requirements of the law. <br /> <br />WHEREFDRE, IT IS THE ORDER OF THE COURT: <br /> <br />1. That the protest of the United States be summarily dismissed, and <br /> <br />made a <br /> <br />2. The ruling of the referee. is hereby APPRDVED, adopted by the Court, <br />DECREE. <br />-2,~ <br />DONE IN OPEN COURT THIS~ay of <br /> <br />and <br /> <br />/7/ ro. "< ' 197.:,. <br /> <br />BY THE COURT: <br /> <br />~~<-v7d~ <br />/ H er Judge <br />( _, lvision No.4 <br /> <br />_. ~ ."~..:::.~, .!I ~ <br /> <br />~~~ ~ ~. L ,-- ..' <br /> <br />- <br />