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<br />4. The source of the water is:
<br />
<br />Little Snake River and its tributaries, including Willow
<br />Creek, Spring Creek, Cottonwood Creek, Roaring Creek, Deer Creek,
<br />and the North, Middle and South Forks of the Little Snake River.
<br />
<br />5. The location for the dam is:
<br />
<br />Dam Axis: Beginning at a pOlnt which lies North 1200 feet,
<br />more or less, and West 2450 feet, more or less, from the Southeast
<br />corner of Section 18, T12N, R87W in Colorado, and running thence
<br />South 56 degrees 30 minutes West 550 feet, more or 1 ess; thence
<br />South 19 degrees 27 mi nutes West 645 feet, more or 1 ess, thence
<br />South 11 degrees 00 minutes East 140 feet, more or less, to a pOlnt
<br />which is North 160 feet, more or less, and West 3100 reet, more Qr
<br />1 ess, from the southeast corner of Sect i on 18, T 1 2N, R87W, in
<br />Colorado,
<br />
<br />6, On December 27, 1972, in Case No. W-172, Dlstrict Court, Water
<br />Division No, 6, the Court awarded to Kemmerer Coal Company a
<br />cond It i ona 1 storage ri ght for 75,000 acre-feet to be used for
<br />industrial purposes with an appropriation date of 6/5/1972.
<br />
<br />7, The Applicant was directed to file an APplication
<br />of Reasonab 1 e 0 i 1 i gence in the deve 1 opment of tl1 i s
<br />water right in May, 1974 to maintain the conditional
<br />in full force and effect.
<br />
<br />for Finding
<br />conditional
<br />water right
<br />
<br />8. 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 conditional
<br />water right, and the Court has ruled that said water right be
<br />co~tinued in full force and effect. The last previous finding of
<br />reasonable diligence was made by the Water Court, Division NO.6
<br />inCase No. 84-CW-190 by decree entered June 13, 1985, In that
<br />decree, the Water Court directed the Applicant to file an
<br />Application for Quadrennial ~inding of Reasonable Diligence on or
<br />before December 31, 1988.
<br />
<br />S. On December 27, 1S88, as direct.ed by the Court. in the last
<br />previous finding of reasonable diligence, the APplicant filed an
<br />Application for Quadrennial Finding of Reasonable Diligence in the
<br />development of this conditional water right.
<br />
<br />10. In support of the present Application, the Applicant has done
<br />the following:
<br />
<br />The Sheep Mountain Reservoir water right is part of a series
<br />of water rights in the Little Snake River Basin which are owned by
<br />the Applicant and are contemplated to be used for t.he purpose of
<br />supp 1 y i ng water needed in the deve 1 opment of 1 and and coa 1
<br />resources which are owned or controlled or are being investigatea
<br />by the App 1 i cant for product ion, process i ng, transportat i on and
<br />treatment of coal for manufacturing and prOduction of synthetic
<br />
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