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Western Fuels - Colorado, LLC <br />Case No. l OCW208 <br />Page 3 <br />a. Water rights ject to change in legal description: The first -fill water rights <br />associated with the structures known as New Horizon Mine Ponds 001 and 006, <br />adjudicated in Case No. 87CW 116, and New Horizon Mine Pond Nos. 009, 012, <br />013, and 015, adjudicated in Case No. O 1 CW 114. <br />b. The legal descriptions for the New Horizon Mine Pond water rights shall hereafter <br />be as follows: <br />i. New Horizon Mine Pond No. 001 is located in the SW1A of the NW 1/4 of <br />Section 36, Township 47 North, Range 16 West of the N.M.P.M., at a <br />point 1,914 feet from the North section line and 620 feet from the West <br />section line. <br />ii. New Horizon Mine Pond No. 006 is located in the SW1/4 of the NE1/4 of <br />Section 36, Township 47 North, Range 16 West of the N.M.P.M., at a <br />point 2109 feet from the North section line and 2,354 feet from the East <br />section line. <br />iii. New Horizon Mine Pond No. 009 is located in the NE1/4 of the SE1 /4 of <br />Section 36, Township 47 North, Range 16 West of the N.M.P.M., at a <br />point 2,383 feet from the South section line and 241 feet from the East <br />section line. <br />iv. New Horizon Mine Pond No. 012 is located in the NW1A of the SE 1/4 of <br />Section 36, Township 47 North, Range 16 West of the N.M.P.M., at a <br />point 2,518 feet from the South section line and 1,856 feet from the East <br />section line. <br />V. New Horizon Mine Pond No. 013 is located in the NW 1/4 of the SW 1/4 of <br />Section 36, Township 47 North, Range 16 West of the N.M.P.M., at a <br />point 1,916 feet from the South section line and 324 feet from the West <br />section line. <br />vi. New Horizon Mine Pond No. 015 is located in the SW 1/4 of the SW 1/4 <br />Section 36, Township 47 North, Range 16 West of the N.M.P.M., at a <br />point 487 feet from the South section line and 93 feet from the West <br />section line. <br />00053058 -7 <br />