WSP07855

• File Number: 8200.765
• Description: Little Snake River General
• State: CO
• Basin: Yampa/White
• Water Division: 6
• Date: 8/23/1990
• Author: Western Water Consul
• Title: Draft Appraisal of P and M Conditional Water Rights for Three Forks Reservoir Project - Little Snake River Basin
• Water Supply Pro - Doc Type: Report/Study

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WATER COURT, WATER DIVISION NO.6,

STATE OF COLORADO
FILED WATER DIV' 6
STATE OF COLORADO

OEC'261989

Case No. 88-CW-163

REFEREE'S RULING - DUE DILIGENCE

IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF:

Pi~tsburg & Midway Coal Mining Co.

IN ROUTT COUNTY, STATE OF COLORADO

The above captioned Application was filed on December 27, 1988
and was referred to the water referee in accordance with Sections
37-92-101, et seq., C.R.S. On March 16, 1989 the Division Engineer
f i 1 ed a Summary of Consul tat i on express 1 ng concerns that the
App 1 i cant had not demonstrated that the work wh i ch ,had been
accomp 1 i shed const i tuted reasonabl e d i 1 i gence. On' June:' 19, 1989
the Referee met with the Division Engineer. counsel,- for the
App 1 i cant and counse 1 for the Nature Conservancy to discuss the
Engineer's concerns. As a result of the meetlng and the'additional
materials provided by the Applicant, on June 22, 1989 the Division
Engineer submitted a Supplemental Consultation recommending
approval of the Appl ication and continuation of the- conditional
water right. " ":',,,,

No Statement of Opposition to the Application has been filed
and the time for filing such statement has expired.

The water referee, havi ng made such invest i gat ions as are
necessary to determl ne whether or not the statements in the
Application are true and having become fully advised with respect
to the subject matter of the Appl ication does hereby make the
following determlnations and Ruling:

1. The statements in the Application are true.

2. The name of the structure is:

....,.., ..
-..Sheep ..Mounta in Reservoi r

3, The name and address of the Applicant are:

The Pittsburg & Midway Coal Mining Co.
6400 S. F1ddler's Green Circle
Englewood, CO 80111-4991