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Western Fuels- Colorado, LLC <br />Case No. IOCW208 <br />Page 2 <br />Morgan, Michael Morgan, and JoEllen Turner; John S. Hendricks and Western Sky <br />Investments, LLC; Richards & Richards and Dirk Richards; and San Miguel Power <br />Association. On December 15, 2011, TSG Ski and Golf, LLC, and Town of Mountain <br />Village withdrew their statement of opposition. On February 21, 2012, 4/7, LLC filed a <br />notice of party substitution for San Miguel Power Association and became an opposer in <br />this case. The time for filing statements of opposition and motions to intervene has <br />expired by operation of law. C.R.S. §§ 37- 92- 302(1)(c) and 37 -92- 304(3). <br />4. Summary of consultation: The Water Referee consulted with the Division Engineer <br />regarding the application as required by law. The Division Engineer submitted his <br />summary of consultation on October 13, 2011 and submitted a supplemental summary of <br />consultation on February 10, 2012. The summary of consultation and supplemental <br />summary of consultation were properly served on all parties to the case. The Court has <br />considered the summary of consultation, the supplemental summary of consultation, and <br />Applicant's response thereto. <br />5. Stipulations: The Applicant has entered into stipulations with the following parties: <br />Colorado Cooperative Company; Richards & Richards and Dirk Richards; 4/7 LLC; <br />Frank and Mary Lou Morgan, Michael Morgan and JoEllen Turner; and John S. <br />Hendricks and Western Sky Investments, LLC. The Court finds that this decree is at <br />least as restrictive on applicant as the earlier versions to which those parties stipulated. <br />Those stipulations are hereby approved and are incorporated by this reference. <br />First Claim: Chance of Legal Description for Water Rights <br />6. Description of Change: The application seeks to make minor corrections to the legal <br />description for several storage structures associated with Applicant's New Horizon Mine. <br />Applicant holds first -fill rights in several storage structures that were decreed using <br />distance and bearing legal descriptions. In its application for refill rights for those same <br />structures, Case No. 09CW 171, Applicant used distance - from - section -line legal <br />descriptions. In some instances, the location of the refill structures is slightly different <br />from the first -fill rights because those locations are based on a survey of the as -built <br />locations measured at the center of the outlet structure. This decree accomplishes two <br />objectives with regard to the first -fill water rights for these structures: (1) conversion of <br />the legal descriptions to distance - from - section -line form; and (2) modification of the <br />legal description of the actual location based on GPS readings taken at the center of the <br />outlet structures, in order to conform to the Division Engineer's preference on place of <br />measurement. The Court finds that these changes are clerical in nature, do not represent <br />a significant change in the location or intended use of the structures, and will not cause <br />injury to junior water rights users under C.R.S. § 37- 92- 305(3)(a). A map showing the <br />correct structure locations is provided as Exhibit A. <br />00053058 -7 <br />