7. Procedural History

There were no evidentiary hearings in this proceeding. The record is the Applicants' initial filings, protests, the supplementary information filed in response to specific rulings by the Administrative Law Judge (ALJ) and the terms of the proposed settlement agreement. And all other filed and served documents.

Timely protests were filed by DRA, Town, Apple Valley Unified School District, and several private individuals: Peter W. Allan, Angelo Santo Cici, William Elbridge McDaniel Jr., and Christine Smith and James Smith. Only Town and DRA actively participated throughout the proceeding.

On July 22, 2011, DRA and applicants filed a joint motion for the adoption of a settlement after a duly noticed settlement conference. No timely comments were filed.

On October 24, 2011, Town filed out of time comments on the settlement which were rejected. We affirm that rejection.

The application appeared on the Commission's daily calendar; there was a duly noticed prehearing conference; and a duly noticed settlement conference. Only Town filed comments on the proposed settlement, addressing water rights and the standards of review.