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									Decision No. C07-0202

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO

DOCKET NO. 05A-376W

APPLICATION OF COLORADO WATER UTILITY INC. FOR A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO PROVIDE WATER SERVICE IN DESIGNATED
AREAS WITHIN ELBERT COUNTY, COLORADO.


DOCKET NO. 05S-491W

RE: THE INVESTIGATION AND SUSPENSION OF THE TARIFF SHEETS FILED BY
COLORADO WATER UTILITY, INC. WITH ADVICE LETTER NO. 1.


              ORDER GRANTING MOTION FOR EXTENSION OF TIME
                AND REQUEST FOR WAIVER OR RESPONSE TIME


                                Mailed Date: March 8, 2007
                              Adopted Date: February 28, 2007
I.     BY THE COMMISSION

       A.     Statement
       1.     This matter comes before the Commission for consideration of motion to further

extend the time period to make various compliance filings (Motion) and a request for waiver of

response time (Waiver) to the Motion, filed by Colorado Water Utility, Inc. (CWU) on February

26, 2007.

       2.     Now being duly advised in the matter we grant the Motion and Waiver as

discussed below.

       B.     Background and Discussion
       3.     On November 6, 2006, the Administrative Law Judge (ALJ) issued Decision No.

R06-1300, a Recommended Decision accepting, with certain modifications, the parties
                        Before the Public Utilities Commiss ion of the State of Colorado
Decision No. C07-0202                                                           DOCKET NO. 05A-376W, 05A-491W


Stipulation entered into in these proceedings as a comprehensive settlement of all issues that

were or could have been raised by the parties

        4.       On November 30, 2006, Staff filed exceptions to certain aspects of the

Recommended Decision No. R06-1300.

        5.       On December 27, 2006, the Commission mailed Decision No. C06-1495, wherein

the Commission granted in part and denied in part Staff’s exceptions.

        6.       Decision Nos. R06-1300 and C06-1495 each establish certain compliance filing

obligations with which CWU is required to comply with within 15 days of the effective date of a

Commission decision in these proceedings. Among the compliance filing obligations imposed

upon CWU is the requirement to file revised tariffs reflective of the settlement reached by the

parties, as modified by the ALJ’s Recommended Decision, as well as the requirement to file the

water supply agreement by and between CWU and Deer Creek Water LLC pursuant to which

CWU will access water supplies for service to its customers within the Deer Creek Area.

        7.       Although CWU made compliance filings of the tariff sheets, it requests that it be

granted a modest amount of additional time within which to submit the water supply agreement

by and between CWU and Deer Creek required by Decision Nos. R06-1300 and C06-1495 such

that same may be filed no later than March 7, 2007.

        8.       CWU also request that because time is of the essence in determining this Motion,

and because no party to these proceedings will be prejudiced by the relief requested herein, we

grant the Waiver. The attorney for CWU notes that he has advised Staff counsel of the relief

requested in this Motion and is authorized to state that Staff supports the granting of the same.

        9.       We find that CWU has shown good cause to grant the Motion and Waiver.




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                         Before the Public Utilities Commiss ion of the State of Colorado
Decision No. C07-0202                                                            DOCKET NO. 05A-376W, 05A-491W



II.     ORDER

        A.       The Commission Orders That:
        1.       Colorado Water Utility Inc.’s (CWU) motion to further extend the time period to

make various compliance filings (Motion) and a request for a waiver of response time to the

Motion, filed on February 26, 2007 is granted consistent with the discussion in Section B above.

        2.       CWU shall make its compliance filings required by Decision Nos. R06-1300 and

C06-1495 on or before March 7, 2007.

        3.       This Order is effective upon its Mailed Date.

        B.       ADOPTED IN COMMISSIONERS’ WEEKLY MEETING
                 February 28, 2007.



                                                     THE PUBLIC UTILITIES COMMISSION
                                                       OF THE STATE OF COLORADO



                                                       ________________________________



                                                       ________________________________



                                                       ________________________________
                                                                         Commissioners




                                        G:\commission draft orders\05A-376W_05A-491W_02-21-07.doc:MSC


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