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<br />~ <br /> <br />. :~ <br /> <br />. <br /> <br />. <br /> <br />~7 <br /> <br />~ <br /> <br />DISTRICT COURT, WATER DIVISION 5, COLORADO <br /> <br />Case No. W-3626 <br /> <br />FINDINGS OF FACT, JUDGMENT AND DECREE <br /> <br />IN THE MATTER OF THE APPLICATION OF THE COLORADO WATER <br />CONSERVATION BOARD FOR WATER RIGHTS TO PRESERVE THE <br />NATURAL ENVIRONMENT <br /> <br />IN WEST BRUSH CREEK <br /> <br />IN EAGLE COUNTY <br /> <br />THIS MATTER, having come before the court on applicant's <br />motion for summary judgment, and the court having read the motion <br />and being otherwise fully apprised of the matters at issue <br />herein, llereby issues the following order: <br /> <br />FINDINGS <br /> <br />l. The above-entitled application was filed on December <br />30, 1977, and was referred to the water referee for Water Divi- <br />sion 5 on January 13, 1978. <br /> <br />2. The ruling of the referee was entered on October 7, <br /> <br />1981. <br /> <br />3. The referee's ruling was timely protested by objector <br />Brush Creek & Eagle River Company. Neither applicant nor any <br />other objector filed a protest to the ruling. <br /> <br />4. On July 18, 1985, objector withdrew its protest to <br />the referee's ruling. <br /> <br />ORDER <br /> <br />There being no objectors to this application, applicant is <br />~lerefore entitled to judgment as a matter of law. <br />