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Ruling of Referee/Decree of Court <br /> Case No.2019 CW 3023 <br /> Kilgore Companies,LLC <br /> Page 4 <br /> CONCLUSIONS OF LAW <br /> 9. To the extent they constitute legal conclusions, the foregoing Findings of Fact are <br /> incorporated herein. <br /> 10. All notices required by law have been properly made, including as required under C.R.S. <br /> §37-92-302(3). The Court has jurisdiction over the Application and over all entities or <br /> persons who had standing to appear, even though they did not do so. <br /> 11. The Application is complete,covering all applicable matters required pursuant to the Water <br /> Right Determination and Administration Act of 1969. C.R.S. §§37-92-101-602. <br /> 12. Elam has shown reasonable diligence in the development of the remaining conditional <br /> portions of the Delta Paving Pit Wells water rights described above in Paragraph 6 during <br /> this diligence period. Therefore, the Application should be granted and the remaining <br /> conditional portions of the Delta Paving Pit Wells water rights should be continued in full <br /> force and effect. <br /> 13. Elam has fulfilled all legal requirements for a decree for the requested water rights. <br /> RULING OF THE REFEREE <br /> AND JUDGMENT AND DECREE OF THE WATER COURT <br /> 14. The Findings of Fact and Conclusions of Law as set forth above are incorporated herein by <br /> reference and are hereby modified as necessary to constitute part of the Ruling and Final <br /> Judgment and Decree. <br /> 15. The remaining conditional portions of the Delta Paving Pit Wells water rights described in <br /> Paragraph 6 above are continued in full force and effect for all uses. <br /> 16. Applications for reasonable diligence for the conditional water rights decreed herein shall <br /> be filed by the owner or user of such right, at the times and in the manner specified by <br /> Section 37-92-301(4)(a), C.R.S., if such owner or user desires to maintain the same, or <br /> until a determination has been made that such conditional rights have been made absolute <br /> by reason of the completion of the appropriation. The applicant shall file an application <br /> for a finding of reasonable diligence in the same month six years from the date of the Water <br /> Judge's Order set forth in the judgment and decree of the Court confirming this Ruling. <br />