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60. By its Order requiring Fontanari to remove irrigation infrastructure and facilities, <br /> and to reclaim them, such Order could be construed to either order or require the abandonment of <br /> water rights within the meaning of Colorado law. <br /> 61. Issues concerning the administration of water rights within Colorado is within the <br /> purview of the Office of the State Engineer ("SEO") and all matters concerning the adjudication, <br /> use and quantification of water rights, including their abandonment, lies within the exclusive <br /> jurisdiction of the Colorado Water Courts. The Act generally applicable is the "Water Rights <br /> Determination and Administration Act" and its amendments. <br /> 62. The issue raised in the Board's hearing of August 21, 2019 and as fully contained <br /> in its Order dated September 26, 2019 (the "Order") concerns whether irrigation by Fontanari <br /> within the permit area violates specific terms of his 112 Permit. <br /> 63. Without a declaratory order, there will exist controversy and uncertainty as to <br /> whether Fontanari is being ordered to abandon, in whole or part, decreed water rights. <br /> 64. Such uncertainty or controversy could be eliminated by an appropriate declaratory <br /> order that the Board is not either ordering or decreeing the abandonment of water rights owned <br /> by Fontanari, and that any corrective actions being ordered in a final Board Order are not an <br /> instruction or command that Fontanari abandon decreed water rights. <br /> WHEREFORE Fontanari petitions for the following relief from the Board: <br /> A. For a re-opening of the record of the August 21, 2019 Board hearing for <br /> the presentation of the defense case and all appropriate rebuttal; <br /> B. To set a pre-hearing conference with appropriate time for preparation to <br /> define the issues, witnesses and exhibits for the re-opened hearing and <br /> hearing record and for the appointment of a hearing officer; <br /> 12 <br />