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Western Fuels- Colorado, LLC <br />Case No. IOCW208 <br />Page 9 <br />V. Appropriation date: December 3, 2008. <br />vi. Decree: Claim pending in Case No. 09CW 171. <br />vii. Amount: 2.0 cfs, CONDITIONAL. <br />viii. 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 />f. Cyprus Well Field. <br />i. Permit No.: Applicant must obtain a well permit in order to operate wells <br />in the Cyprus well field. <br />ii. Legal description of point of diversion: Well field defined as the NWIA <br />of the NE 1 /4, the NE 1 A of the NE 1 /4, the SE 1 /4 of the NE 1 A and the <br />NE1 /4 of the SE1 /4 of Section 14, Township 46 North, Range 16 West of <br />the N.M.P.M. <br />iii. Type: Groundwater. <br />iv. Source: Groundwater and seepage tributary to the San Miguel River or <br />Calamity Draw, tributary to the San Miguel River. <br />V. Appropriation date: December 3, 2008. <br />vi. Decree: Claim pending in Case No. 09CW 171. <br />vii. Amount: 50 gpm (0.111 cfs), CONDITIONAL. <br />viii. Uses: Industrial, including but not limited to dust suppression, sediment <br />control, and mine - related in- building uses, including potable water supply, <br />and irrigation purposes. <br />00053058 -7 <br />