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Western Fuels- Colorado, LLC <br />Case No. l OCW208 <br />Page 23 <br />a. New Horizon North Tuttle Draw Exchange. <br />L Description of exchange: The exchange will be operated in priority from <br />the point of diversion at the confluence of that unnamed tributary to Tuttle <br />Draw and Tuttle Draw, to the point of replacement at the New Horizon <br />North Southeast Pump Station. <br />ii. Location of lower terminus: The lower terminus of the exchange will be <br />located in the NE1/4 of the SE1/4 of Section 35, Township 47 North, <br />Range 16 West of the N.M.P.M., at a point 1,998 feet from the South <br />section line and 239 feet from the East section line. <br />iii. Location of upper terminus: The upper terminus will be located in the <br />SE1 /4 of the SW 1/4 of Section 25, Township 47 North, Range 16 West of <br />the N.M.P.M., at a point 297 feet from the South section line and <br />2,625 feet from the West section line. <br />iv. Source: Water will be exchanged and released consistent with the terms <br />and conditions of this plan for augmentation and the decree entered in <br />Case No. 09CW 171. <br />V. Appropriation date: December 28, 2009. <br />vi. Decree: Claim is pending in Case No. 09CW 171. <br />vii. Amount: 0.16 cfs. <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 North Pond 001, New Horizon <br />North Pond 002, New Horizon North Pond 003, and /or New Horizon <br />Mine Pond 006. 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 />00053055 -7 <br />