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Cynthia L. Schmid and <br />Michael G. Erker <br />Case No. 11CW269 <br />Page 4 of 5 <br />and the court has jurisdiction over the subject matter of this proceeding and over all <br />persons and water rights affected thereby, irrespective of whether those persons or <br />owners of water rights have appeared. §§37-92-203 and 37-92-302, C.R.S. <br />4. The court concludes that under the facts and circumstances, Applicants have developed <br />this water right in a reasonably expedient and efficient manner, and have exercised <br />reasonable diligence pursuant to C.R.S. § 37-92-301(4)(IV)(b). <br />5. The Application is in accordance with Colorado Law and should be granted. <br />RULING, JUDGMENT AND DECREE <br />1. The Findings of Fact and Conclusions of Law, as set forth above, arc incorporated herein <br />by reference and are hereby modified as necessary to constitute part of the Ruling and <br />Final Judgment and Decree. <br />2. The Application for Finding of Reasonable Diligence is granted for the 13.9 acre-feet <br />conditional portion of the Erker Gravel Pit, decreed for the beneficial use of the <br />extraction of sand and gravel; and the subject water right is continued in full force and <br />effect. <br />3. If the Applicants wish to maintain the subject Erker Gravel Pit water right, they shall file <br />an application for a finding of reasonable diligence on or before the last day of June, <br />2018, or make a showing on or before that date that the subject water right has become <br />absolute by reason of the completion of the appropriation. <br />4. It is ORDERED that this Ruling shall be filed with the Water Clerk, subject to judicial <br />review. <br />5. It is further ORDERED that a copy of this Ruling shall be filed with the Division <br />Engineer for Water Division No. 1 and State Engineer. <br />Dated: May 11, 2012 <br />John S. Cowan <br />Water Referee <br />Water Division 1 <br />