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Ruling of the Referee 07CW089, Bumgarner Page 2 5• The point of diversion is located as follows; Section 12, Township 1 North, Range 80 West, 6th P,M., 3,500 feet North of South line, and 3,500 feet West of the East line of said Section. In SE1/4NW1/4 of said Section 12. 6. On November 29, 1979, in Case No. W-3956, the Water Referee for Water Division No. 5 awarded to Starr Gulch Halloween No. 1 Ditch, a conditional water right for 20.0 cubic feet of water per second of time, to be used for irr(gation, livestock water, Industrial and fish propagation purposes, with appropriation date of October 31, 1978. The Claimant was directed to file an Application for Quadrennial Finding of Reasonable Diligence in the development of this conditional water right in November of 1983 to maintain said conditional water right in full force and effect. This Ruling of Referee was confirmed and made a Decree of Court on January 29, 1980. During the intervening years, at timely intervals as required by statute, the Claimant has shown to the Court that reasonable diligence has been exercised in the development of this conditional water right, and the Court has ruled in Case Nos. 83CW295, 87CW249, 93CW248, and OOCW058 that said water right be continued in full force and effect. 7. On May 2, 2007, the Claimant filed, in Water Court for Water Division No. 5, an Application for Diligence. 8, A decree entered in a case to change the point of diversion of the water right (01CW249) had certain limitations that are incorporated herein by reference. Attached as Exhibit A is the previously decreed map of 320 acres that could be Irrigated. In support of this Application, the Claimant has submitted a detailed outline of the work.performed and the expenditures made during the last diligence period toward the development of this conditional water right. The Referee having examined the information submitted by the Applicant, and having completed the investigations necessary to make a determination in this matter, does find that the Claimant has shown reasonable diligence in the development of the proposed conditional water right; and therefore concludes that the above entitled Application should be granted, and the conditional water right be continued In full force and effect. Application for a Finding of Resonable Diligence shall be filed in the same month as the Decree herein is entered every six years after the entry of th eDecree herein so