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SAY r, Application of Grand Junction Concrete Pipe Co. <br />Case No. 04CW 129 <br />Ruling of Referee and Decree <br />Page 5 <br />12. The Applicant has diverted and applied to beneficial use a portion of the Water Right, <br />as set forth in Paragraph 7, above, and is entitled to have the Water Right made absolute to such <br />extent. The Applicant has shown reasonable diligence in developing the remainder of the Water <br />Right. Therefore, the remainder of the Water Right should be continued in full force and effect. <br />RULING <br />IT IS THEREFORE ADJUDGED AND DECREED as follows: <br />13. The Findings of Fact and Conclusions of Law set forth above are hereby approved and <br />confirmed, and are incorporated into this Ruling by reference. <br />14. The Water Right is hereby made absolute in the amount of 90.94 acre feet for its <br />decreed industrial purposes. <br />15. The remaining portion of the Water Right (34.46 acre feet) shall continue in full force <br />and effect as a conditional water right. <br />16. Applications for reasonable diligence shall be filed by the owner or user of the <br />remaining conditional portion of the Water Right (identified in Paragraph 15, above) at the times <br />and in the manner specified by C.R.S. 137-92-301(4)(a), if the owner or user desires to'maintain the <br />same, or until a determination has been made that such remaining conditional portion has been made <br />absolute by reason of the completion of the appropriation. The date for filing the next application for <br />a finding of reasonable diligence shall be set forth in the judgment and decree of the Court <br />confirming this Ruling. <br />17. This Ruling shall, be filed with the Water Clerk subject to judicial review. A copy of <br />this Ruling shall be mailed by the Water Clerk by certified or registered mail to the Applicant, to the <br />State Engineer, and to the Division Engineer for Water Division No. 5. <br />Dated: April 6, 2005. <br />NUNC PRO TUNC to March 31, 2005. <br />,opy of the foregoing mailed to all Counsel <br />of Record, Water ?Pferse, D' . gineer <br />and State Engineer Date- I <br />L% <br />#,FklnG{ti'45 fill <br />BY THE REFEREE: <br />Water Referee