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<br />Application for Finding of Reasonable Diligence <br />Grand Junction Concrete Pipe Company <br />Case No. 06CW 140, Ruling of Referee and Decree <br />Page 4 <br />5. Applicant is continuing its mining activities at the Arcuby gravel pit, and Applicant <br />intends to continue the development of the Water Right in connection with its mining activities. <br />6. The Referee further finds that the Applicant has made a steady application of effort <br />to complete the appropriation of the remaining conditional Water Right (96.48 acre feet) in a <br />reasonably expedient and efficient manner under all the facts and circumstances. Applicant has <br />established that water can and will be diverted, stored, and/or otherwise captured, possessed, and <br />controlled under the Water Right and will be beneficially used, and that the appropriation can and <br />will be completed with diligence and within a reasonable time. Accordingly, Applicant has been <br />reasonably diligent in the Current Diligence Period with respect to the development of the remaining <br />conditional portion of the Water Right. <br />CONCLUSIONS OF LAW <br />7. The Application herein was timely filed and is one contemplated by law, and this <br />Court has jurisdiction over the subject matter of this proceeding. <br />8. Timely and adequate notice of the filing and of the contents of this Application was <br />given as required by law, and this Court and the Referee have j urisdiction over all persons or entities <br />affected hereby, whether they have appeared or not. <br />9. The Applicant has shown reasonable diligence in developing the remaining <br />conditional Water Right. Therefore, the remainder of the Water Right should be continued in full <br />force and effect. <br />RULING <br />IT IS THEREFORE ADJUDGED AND DECREED as follows: <br />10. The Findings of Fact and Conclusions of Law set forth above are hereby approved <br />and confirmed, and are incorporated into this Ruling by reference. <br />11. The remaining conditional portion of the Water Right (96.48 acre feet) shall continue <br />in full force and effect as a conditional water right. <br />12. Applications for reasonable diligence shall be filed by the owner or user of the <br />conditional portion of the Water Right at the times and in the manner specified by C.R.S. §37-92- <br />301(4)(a), if the owner or user desires to maintain the same, or until a determination has been made <br />that such remaining conditional portions have been made absolute by reason of the completion of