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<br />5. The location for the dam is:
<br />
<br />Dam Axis: Beginning at a point whcih lies North 700 feet,
<br />more or less, and West 1425 feet, more or less, from the South
<br />1/4 corner of Section 18, T12N, R86W in Wyoming, and running
<br />thence South 8 degrees 30 minutes West 1975 feet, more or less;
<br />thence South 27 degrees 30 minutes East 600 feet, more or less,
<br />to a point which is North 1610 feet, more or less and West 1600
<br />feet, more or less, from the southeast corner of Section 14,
<br />T12N, R87W, in Colorado.
<br />
<br />6. On December 15, 1972, in Case No. W-171, District Court,
<br />Water Division No.6, the Water Referee for Water Division No.
<br />6 awarded to Kemmerer Coal Company a conditional storage right
<br />for 75,000 acre-feet to be used for industrial purposes with
<br />an appropriation date of June 5, 1972. The Ruling of the Referee
<br />was confirmed and made a Decree of the Court on December 27,
<br />1972. The Applicant was directed to file an Application for
<br />Finding of Reasonable Diligence in the development of this
<br />conditional water right in May, 1974 to maintain the conditional
<br />water right in full force and effect.
<br />
<br />7. During the intervening years, at timely intervals as required
<br />by statute, the Applicant has shown to the Court that reasonable
<br />diligence has been exercised in the development of this
<br />conditional water right, and the Court has ruled that said water
<br />right be continued in full force and effect. The last previous
<br />finding of reasonable diligence was made by the Water Court,
<br />Division No.6 in Case No. 84-CW-191 by decree entered August
<br />8, 1985. In that decree, the Water Court directed the Applicant
<br />to file an Application for Quadrennial Fi~ding of ~easonable
<br />Diligence on or before May, 1988, Sl<.b:~'b~-'r\j 'b\\<a ~ ~rl Or6,'<.r
<br />--to r-.r--"-,,^,,,,~ \0,'28, Isl I'<\.~ \
<br />
<br />8. On Dece~ber 27, 1988, the Applicant filed an Application
<br />for Quadrennial Finding of Reasonable Diligence in the
<br />development of this conditional water right.
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<br />9. In support of the present Application, the Applicant has
<br />done the following:
<br />
<br />The Three Forks Reservoir water right is part of a series
<br />of water rights in the Little Snake River Basin which are owned
<br />by the Applicant and are contemplated to be used for the purpose
<br />of supplying water needed in the development of land and coal
<br />resources which are owned or controlled or are being investigated
<br />by the Applicant for production, processing, transportation
<br />and treatment of coal for manufacturing and production of
<br />synthetic fules and other by-products of coal, for thermal
<br />generation purposes, for related industrial domestic and
<br />municipal purposes, and6sr for instream flow maintenance
<br />purposes, recreation, a other public or private purposes.
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