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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />DISTRICT COURT, WATER DIVISION 2, COLORADO <br /> <br />Case No. 95 CW 211 <br /> <br />FILED IN THE OFFICE OF T~E CLERK <br />DISTRICT COURT W4TE.= Drl NO.2' <br />STATE OF CQi.\~':"Q0 <br /> <br />MAR B :c;.. <br />1-... , <br /> <br />ORDER GRANTING JOINT MOTION <br /> <br />MARDELL TRIVISQNNO <br />CLERK <br /> <br />IN THE MATTER OF AMENDED RULES AND REGULATIONS GOVERNING THE <br />DIVERSION AND USE OF TRIBUTARY GROUND WATER IN THE ARKANSAS RIVER <br />BASIN, COLORADO. <br /> <br />On March {...;, 1997, the State Engineer, Harold D. (Hal) Simpson. the Horse Creek W~lter <br /> <br />Users Association ("HCWUA") and the Box Springs Canal and Reservoir Company ("Box Springs") <br /> <br />(collectively, the "parties") filed their Joint Motion to Vacate Trial Dates and for Declaration That <br /> <br />Rules Are Effective in the Horse Creek Basin April 1, 1997 (the "Joint Motion"). In the Joint <br /> <br />Motion, the parties advised the Court that they have reached a settlement of the issues between them, <br /> <br />which will pernlit the Amended Rules Governing the Diversion and Use ofTributalY Ground Water <br /> <br />in the Arkansas River Basin, Colorado (the "Amended Rules"), to go into effect within the Horse <br /> <br />Creek Basin, and which makes the trial currently set for April 2 1, 1997, unnecessary. The parties <br /> <br />tendered a copy of their Settlement Agreement with their Joint Motion. <br /> <br />The Settlement Agreement contains certain contingencies, including among other things a <br /> <br />loan from the Colorado Water Conservation Board (approved by the Board and now pending in the <br /> <br />General Assembly), judicial approval of the applicability of the Amended Rules to the Horse Creek <br /> <br />Basin and approval ofa plan for augmentation to be filed by HCWUA. Upon satisfaction of these <br /> <br />contingencies, HCWUA will withdraw its protest in this case. <br /> <br />The parties seek an order that the Amended Rules will go into effect in the Horse Creek <br /> <br />Basin as of April I, 1997, and a determination that the Amended Rules are valid and applicable <br />