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<br /> <br />District Court, Water Division 1 <br />Weld County Combined Courts <br />P.O. Box C <br />Greeley, Colorado 80632 <br />(970)356-4000 <br />CONCERNING TIC APPLICATION FOR WATER <br />RIGHTS OF CEMEX, INC. AND THE CTT'i' OF <br />LONGMONT, <br />IN BOULDER COUNTY, COLORADO • COURT USE ONLX a <br />Raymond L. Petrol, Jr., No, 6763 Case No.: 04CW34 <br />]enniferL. Soice,No.34052 (97CWi89) <br />Petrol & White, LLC (84CW177). <br />73017ih Street, Suite 820 <br />Denver, CO 80202 <br />Phone: (303) 825-1980 <br />Fax: (303) 825-1983 <br />E-Mail: metrosna.oetros-white.com <br />RULING OF REFEREE AND bECREE OF THE WATER COURT <br />The above-captioned application was filed on February 27, 2004, and was referred to the <br />undersigned as Water Referee for Water Division No. 1, State of Colorado, by the Water Judge <br />of said Courtin accordance with Article 92 of Chapter 37, Colorado Revised Statutes (2003), <br />known as the Water Right Determination and Administration Act of 1969. <br />The undersigned Referee having made such investigations as are necessary to determine <br />whether or not the statements in the application are true, and having become fully advised with <br />respect to the subject matter of the application, does hereby make the following Findings of Fact <br />and Ruling as the Referee in this master: <br />1. Application. This matter involves the Application for Finding of Reasonable <br />Diligence (the "Application's filed by co-applicants Cemex, Inc. ("Cemex"), c/o Mr. John W. <br />Loht, Division Vice President and Lyons Plant.l,4anager, Si34.Ute Highway, P:O. Box 529; <br />Lyons, Colorado .80540, and the City of Longmont ("Longmont', cJo Ken S. Huson, VTater <br />Resources Engineer, Water/Wastewater Utilities, 1100 South Sherman Street, Longmont, <br />Colorado 80501. <br />2. Jurisdiction. All notices required by law have been duly given and the Court has <br />jurisdiction over the.Application and over all parties affected thereby whether or not they have <br />chosen to appear: All persons affected by the Application, whether appearing or not, are parties <br />hereto and are bound by this Ruling and Decree. See §§ 37-92-302, 37-92-203, 10 C.R.S. . <br />(2003). <br />3. Obiectors. No statements of opposition have been filed in this case, and the time <br />