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e. <br />00053058 -7 <br />ii. Legal description of point of diversion: <br />New Horizon 2 Mine, as such area <br />application. <br />iii. Type: Groundwater. <br />Western Fuels - Colorado, LLC <br />Case No. IOCW208 <br />Page 8 <br />Well field to be located within the <br />is described in Exhibit C to this <br />iv. Source: Groundwater, surface water, storm water runoff, seepage and <br />wastewater tributary to Tuttle Draw, tributary to the San Miguel River. <br />V. Appropriation date: December 3, 2008. <br />vi. Decree: Claim pending in Case No. 09CW171. <br />vii. Date right put to beneficial use: December 3, 2008. <br />viii. Amount: 2.0 cfs, ABSOLUTE. <br />ix. Uses: (1) Industrial, including but not limited to dust suppression, truck <br />washing, and mine - related in- building uses; (2) irrigation; <br />(3) augmentation; and (4) diversions of water to storage for the previously <br />described uses. Any storage of water diverted from this structure shall be <br />limited to the following: New Horizon Mine Pond 013 and New Horizon <br />Mine Pond 015. Augmentation use shall occur only after diversion and <br />storage in these ponds, and release pursuant to the plan for augmentation <br />decreed in Case No. IOCW208, or as otherwise approved by a subsequent <br />decree of the Water Court. <br />Cyprus Mine Pump. <br />i. Permit No.: Applicant must obtain a well permit in order to operate the <br />Cyprus mine pump. <br />ii. Legal description of point of diversion: Well field defined as the NW1 /4 <br />of the NE 1 /4, the NE 1 A of the NE 1 /4, the SE 1 A of the NE 1 /4 and the <br />NEIA of the SETA of Section 14, Township 46 North, Range 16 West of <br />the N.M.P.M. <br />iii. Type: Groundwater. <br />iv. Source: Groundwater, surface water, storm water runoff, seepage and <br />wastewater tributary to Calamity Draw or the San Miguel River. <br />