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<br />IN THE DISTRICT COURT IN AND FOR <br />WATER DIVISION NO. 5 <br />STATE OF COLORADO <br /> <br />Case No. W-3186 <br /> <br />IN THE MATTER OF THE APPLICATION ) <br />FOR WATER RIGHTS OF THE COLORADO ) <br />WATER CONSERVATION BOARD ON ) <br />BEHALF OF THE PEOPLE OF THE ) <br />STATE OF COLORADO ) <br />) <br />IN MIDDLE LAKE ) <br />) <br />IN EAGLE COUNTY. ) <br /> <br />MOTION TO DISMISS <br /> <br />COMES NOW the State of Colorado Water Conservation Board <br />by and through its attorney. J. D. MacFarlane, Attorney General <br />of the State of, Colorado, and moves this honorable Court for <br />its order diamissing the above entitled action, <br />As grounds for such motion and request, the movant shows <br />unto the Court as follows: <br />1. That due to some administrative confusion, the subject <br />of this application, Middle Lake, had been previously filed <br />upon by the applicant and movant herein. <br />2, In light of the previously existing application in <br />this matter, the continuation of this particular case would <br />serve no useful purpose and should, therefore, be dismissed <br />without prejudice. <br />WHEREFORE, it is requested that this honorable Court enter <br />its order dismissing the above entitled action without prejudice. <br />FOR THE ATTORNEY GENERAL <br /> <br />rectlfV"e <br /> <br />d'l..6/11 <br /> <br />IQ(tJQLl~( <br /> <br /> <br />DAVID W. ROBBINS, 6112 <br />First Assistant Attorney General <br />Natural Resources Section <br />1525 Sherman, 3rd Floor <br />Denver, CO 80203 <br />Telephone: 892-3611 <br />