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r_ ,__., <br />Ruling of Referee and Decree of the Water Court <br />Case No. 04CW34, Water Division 1 <br />Page 3 of 4 <br />7. Activities During_Diligence f eriod. Activities to develop the eonditionai water <br />right, during the period between March 1998 and February 2004 ("Diligence Period"), include: <br />Cemex' continued use of A-Pit water for industrial purposes and other reclamation uses; Cemex' <br />negotiations with Boulder County for dedication of storage; numerous water rights change <br />applications filed by Longmont to enhance storage in A-Pit; Longmont's water quality testing <br />program; and Longmont's raw water master plan. <br />8. Ruline. The Referee concludes that the activities performed during the Iast six <br />yeazs demonstrate that Cemex and Longmont have exercised reasonable diligence in the <br />development of the conditional wafer right. Therefore, this conditional water right shall remain <br />in full force and effect. An application for finding of reasonable diligence shall be filed <br />SEPT. 30, ao / D and as required by statute or decree thereafter so Iong as Cemex and <br />Longmont desire to maintain this conditional water right or until tars conditional water right is <br />made absolute or otherwise disposed o£ <br />Water Division No. 1 <br />It is accordingly ORDERED that tlvs ruling shall be filed with the Water Clerk <br />subject to judicial review. <br />It is further ORDERED that this ruling shall be filed with the appropriate Division <br />Engineer and the State Engineer. <br />Dated this ~ day of ~ 2004. ~ <br />i <br />S. LIES <br />Water eferee <br />