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07/03/2003 10:53 3038665417 DIV 7 WATER RESOURCE PAGE 03 t <br />4. All notices required-by law were complied with and this Court has jurisdiction over the subject <br />matter of this proceeding. <br />5. The waste water rights which are the subject of this Application and are owned by the <br />Applicant are: <br />'NAME: Leland Hill Waste Water and Pond. <br />LOCATION: At the point of outlet into a pond being approximately 100'feet in width by 300 feet <br />in length with a maximum depth of 8 feet on a slope with 0.66 acre feet of surface, <br />a total capacity of 5.5 acre feet, and dead storage of approximately 1.37 acre feet, <br />located in the S-W SW of Section 5, Townsbip 34 North, Range .8 West, N.M.P.M., <br />being 50 feet Am the West section line and 2,000 feet from the South section line. <br />The point of diversion being at the point of outlet into the pond from which 3Y 8 <br />gallons per minute (0.085 a -fs.) is captured from gas wells on the Applicant's <br />property. The storage capacity of the pond. being 5.50 acre feet to irrigate <br />approximately 15 acres, as identified on the attached Exhibits A and A -1- <br />SOURCE: Waste water that is a byproduct produced from gas wells being Hill Well No. 5 -2, <br />5 -3, 8 -2, 8 -3. <br />APPROPRIATION DATE_ November' 0; 2001. <br />AMOUNT: 38 g.p.m. (0.085 c.fs.) Conditional. <br />Storage: 1.60 acre feet <br />USE: Stock water and irrigation, see Exhibit A attached hereto and made a part hereof. <br />6, The Applicant shall comply with the Orders of the Division Engineer to install necessary <br />measuring devices, and shall keep records and make reports as reasonably requested by the Division <br />Engineer. <br />7, The total amount of water diverted at any one point or combination of points cannot exceed <br />the decreed amount pertaining to this priority or the amount available at the original point of <br />diversion. <br />8. The water, which is the subject matter or this Application, is a by- product of the gas wells, <br />which is not expected to create a permanent water source. If all the gas wells referred to in this <br />Application cease to produce but are expecting to continue in the near future, the Applicant shall not <br />irrigate during the time that all wells are not producing. If all of the gas wells referred to fail. are <br />tapped or are taken out of production, then this water right shall cease to exist. <br />2 <br />