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Western Fuels - Colorado, LLC <br />Case No. l OCW208 <br />Page 5 <br />vi. Case No. C.A. 4641; the pro rata diversion rate changed by this decree <br />associated with the 34 Tranche Two shares is 0.366 cfs. <br />b. Legal description of point of diversion of CC Ditch: 4,350 feet South 72 degrees <br />59 minutes West of the Northwest corner of Section 20, Township 46 North, <br />Range 15 West, N.M.P.M.; corrected in C.A. 3785, Montrose County District <br />Court, February 26, 1929 to a point whence the SE corner of Section 19, <br />Township 46 North, Range 13 West, N.M.P.M. bears North 73° East 4,350 feet. <br />In case 79CW256, after a re- survey, the point of diversion, was clarified to be in <br />the NE /4, SWA of Section 30, Township 46 North, Range 13 West in the <br />N.M.P.M., at a point 2,250 feet from the South section line and 2,500 feet from <br />the West section line. <br />C. Source: San Miguel River. <br />10. Diversion, direct use and storage: No change in point of diversion from the river is sought <br />as to Applicant's CC Ditch shares by this application. The historical consumptive use <br />associated with Applicant's 34 Tranche Two shares may be used directly by delivery <br />through established CC Ditch laterals to Tuttle Draw, Calamity Draw or Coal Canyon as <br />needed for replacement, or may be stored in pond structures associated with Applicant's' <br />mining operations for the new uses. The change of Applicant's 34 Tranche Two shares <br />will not cause injury to other water rights subject to the protective terms and conditions in <br />subparagraphs ii -v. of paragraph 13.a. <br />Third Claim: Plan for Augmentation <br />11. Water diversion structures to be augmented: This decree provides for augmentation <br />and/or replacement of out -of- priority depletions associated with diversions, pumping or <br />storage of water at the structures listed below. A map of the water structures to be <br />augmented is attached as Exhibit B. <br />a. New Horizon North SE Pump Station. <br />L Location of structure: The Pump Station will be located in the SETA of <br />the SW1A of Section 25, Township 47 North, Range 16 West of the <br />N.M.P.M., at a point 297 feet from the South section line and 2,625 feet <br />from the West section line. <br />Alternate point of diversion: An alternate point of diversion will be from <br />New Horizon Mine Pond 001, located in the SWIA of the NW1 /4 of <br />Section 36, Township 47 North, Range 16 West of the N.M.P.M., at a <br />00053058 -7 <br />