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Western Fuels - Colorado, LLC <br />Case No. l OCW208 <br />Page 13 <br />iii. Source: Cyprus Mine Pump, Calamity Draw Pump Station 003, direct <br />delivery or pumping of Colorado Company Ditch shares and surface <br />water, storm water runoff, seepage and wastewater tributary to the San <br />Miguel River. <br />iv. Appropriation date: December 3, 2008. <br />V. Decree: Claim pending in Case No. 09CW 171. <br />vi. Amount: 75 acre -feet, CONDITIONAL, with right to fill and two refills <br />of 25 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 />1. Cyprus Pond 003. <br />i. Location of pond: The pond will be located in the SETA of the NEIA of <br />Section 11, Township 46 North, Range 16 West of the N.M.P.M., at a <br />point 1,711 feet from the North section line and 229 feet from the East <br />section line. <br />ii. Type: Storage. <br />iii. Source: Cyprus Mine Pump, Calamity Draw Pump Station 003, direct <br />delivery or pumping of Colorado Company Ditch shares and surface <br />water, storm water runoff, seepage and wastewater tributary to Calamity <br />Draw, tributary to the San Miguel River. <br />iv. Appropriation date: December 3, 2008. <br />V. Decree: Claim pending in Case No. 09CW 171. <br />vi. Amount: 120 acre -feet, CONDITIONAL, with right to fill and two refills <br />of 40 acre -feet each. <br />00053058 -7 <br />