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V11111 VIA f' DISTRICT COURT, WATER DIVISION 1 2011CNVI07 STATE OF COLORADO CO Weld CountN District Court 19th J Weld County Courthouse Filing Date: Dec 07 2012 09:24AN/I NIS1 Filing ID: 48241183 901 9th Avenue Greeley, Colorado 80632 ♦ COURT USE ONLY CONCERNING THE APPLICATION FOR WATER RIGHTS OF FREUND INVESTMENTS, LLC Case Number: 11 C W 107 IN ELBERT COUNTY, COLORADO Water Division 1 FINDINGS OF FACT, CONCLUSIONS OF LAW, RULING OF THE REFEREE AND DECREE OF THE WATER COURT The above - captioned application was referred to the Water Referee for Water Division 1, State of Colorado, by the Water Judge of said Court in accordance with Article 92 of Title 37 of the Colorado Revised Statutes, known as the Water Right Determination and Administration Act of 1969. The undersigned Referee, having made such investigations as are necessary to determine whether or not the statements in the application are true, and having become fully advised with respect to the subject matter of the application, does hereby make the following Findings of Fact, Conclusions of Law, and Ruling of the Referee in this matter: I. FINDINGS OF FACT 1. Application. The above - captioned application was filed on July 12, 2011, by Freund Investments, LLC (referred to herein as "Applicant "), c/o Mr. Phil Pasion, 15460 East Batavia Drive, Aurora, Colorado 80110. Applicant is represented in this matter by Stephen C. Larson and David F. Bower of the firm Johnson & Repucci LLP, 2521 Broadway, Suite A, Boulder, Colorado 80304. The Court hereby finds that the Application is complete, covering all matters required by law, and that the statements in the application are true. The claim of the application is set forth in paragraph 6 below. 2. Notice and Jurisdiction. All notices required by law have been duly given and the Court has jurisdiction over the subject matter of the application and over all persons affected thereby, whether or not they have chosen to appear. The Water Clerk has caused the publication of said application as provided by statute, and the publication costs have been paid. The land and water rights that are the subject of the application are not included within the boundaries of a designated groundwater basin.