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BEFORE THE STATE ENGINEER, STATE OF COLORADO <br />CASE NO. O7-SE-04 <br />ORDER <br />IN THE MATTER OF AN OBJECTION TO AN APPLICATION TO EXPAND THE USE <br />OF A GRAVEL PIT (COLONA) WELL LOCATED LESS THAN 600 FEET FROM AN <br />EXISTING WELL RECEIPT NO. 3615300. <br />OLD CASTLE SW GROUP INC, APPLICANT <br />1. On June 15, 2007, all parties of interest in this matter were served with an <br />Acknowledgment of an Objection to an Application to Expand the Use of a Gravel Pit <br />Well Located Less than 600 Feet from an Existing Well and Notice to Set for Hearing. <br />2. The Notice to Set for Hearing clearly indicated that the parties would be contacted by <br />telephone at 10:00 a.m. on Thursday, June 21, 2007, to set a hearing in the above <br />captioned matter. Further, in bold type, the Notice notified all parties of the necessity <br />of having someone authorized to confirm availability of dates whereby a hearing could <br />be set to accommodate all parties. <br />3. John i~ Yvonne Kuijvenhoven, (Objectors) did not respond to the setting conference <br />call on June 21, 2007. <br />4. On June 21, 2007, all parties of interest were served with a Notice of Hearing. The <br />notice set forth, in bold type, the date for the Hearing as well as dates for filing pre- <br />hearing statements, exchanging exhibits and listing witnesses. It further indicates in <br />bold type "Persons or parties who do not participate in these procedures shall be <br />presumed to have waived any objection to the proposed application(s)." <br />5. Objectors have failed to file any of the required and necessary pre-hearing documents <br />as ordered by the Hearing Officer. Failure to do so has prejudiced the Applicant and <br />Staff for the State Engineer (Staff) in the proper preparation of their respective cases. <br />6. The Hearing Officer finds the Objectors have waived their objections in this matter and <br />therefore vacates the hearing scheduled for July 17, 2007, dismisses this case, and <br />remands the Application to Staff for consideration pursuant to section 37-90-137(2), <br />C.R.S., without regard for the 600 foot spacing limitations set forth in subsection (2) of <br />the statute. <br />Dated this 13~h day of July 2007. <br />~ .. <br />Josep (Jody) rantham, Hearing Officer <br />1313 Sherman Street, Room 818 <br />Denver, CO 80203 <br />Telephone: (303) 868-3581 <br />Facsimile: (303) 866-3589 <br />E-Mail: jody.grantham(a~state.co.us <br />