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Western Fuels- Colorado, LLC <br />Case No. IOCW208 <br />Page 10 <br />g. New Horizon North Pond 001. <br />i. Location of pond: The pond will be located in the SW1/4 of the SWIA of <br />Section 25, Township 47 North, Range 16 West of the N.M.P.M., at a <br />point 83 feet from the South section line and 615 feet from the West <br />section line. <br />ii. Source: New Horizon North Mine Pump, direct delivery or pumping of <br />Colorado Company Ditch shares, New Horizon North Southeast Pump <br />Station, New Horizon Mine Pond 001, New Horizon Mine Pond 001 <br />Refill, New Horizon Mine Pond 006, New Horizon Mine Pond 006 Refill, <br />surface water, storm water runoff, seepage and wastewater tributary to <br />Tuttle Draw, tributary to the San Miguel River. <br />iii. Type: Storage. <br />iv. Appropriation date: December 3, 2008. <br />V. Decree: Claim pending in Case No. 09CW 171. <br />vi. Amount: 60 acre -feet, CONDITIONAL, with right to fill and two refills <br />of 20 acre -feet each. <br />vii. Uses: Industrial, including but not limited to dust suppression, truck <br />washing, and mine - related in- building uses; irrigation; and augmentation. <br />Augmentation use shall occur only after diversion and storage in these <br />ponds, and release pursuant to the plan for augmentation decreed in Case <br />No. 10CW208, or as otherwise approved by a subsequent decree of the <br />Water Court. <br />h. New Horizon North Pond 002. <br />Location of pond: The pond will be located in the SW 1/4 of the NW 1/4 of <br />Section 25, Township 47 North, Range 16 West of the N.M.P.M., at a <br />point 2276 feet from the North section line and 120 feet from the West <br />section line. <br />ii. Source: New Horizon North Mine Pump, direct delivery or pumping of <br />Colorado Company Ditch shares, and surface water, storm water runoff, <br />00053058 -7 <br />