2014-01-24_PERMIT FILE - C2010089 (5)

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TIATR RUT VT) DISTRICT COURT, WATER DIVISION NO. 4, COLORADO 1200 North Grand Avenue, Bin A Montrose, Colorado 81401 -3146 CONCERNING THE APPLICATION FOR WATER RIGHTS OF WESTERN FUELS - COLORADO, LLC ♦ COURT USE ONLY IN MONTROSE COUNTY Case Number: I OCW208 FINDINGS OF FACT, CONCLUSIONS OF LAW, JUDGMENT AND DECREE The above - entitled application was filed with the Court on December 31, 2010. The Court, having made such investigations as are necessary to determine whether the statements in the application are true, being fully advised with respect to the subject matter of the application, and having considered the pleadings, the evidence presented and stipulations of the parties, hereby enters the following Findings of Fact, Conclusions of Law, Judgment and Decree: FINDINGS OF FACT Name, address and telephone number of applicant: Western Fuels - Colorado, A Limited Liability Company ( "Applicant') Attn: Michael G. Sorensen Senior Manager, Fuel and Water Resources Tri -State Generation and Transmission Association, Inc. 1100 West 116"' Avenue Westminster, Colorado 80234 (303) 452 -6111 2. Application, notice, and jurisdiction: Applicant initiated this matter by filing its application for change of water rights and approval of plan for augmentation with the Court on December 31, 2010. Timely and adequate notice of the application was given in the manner required by law. The Court finds that the application is complete and covers all matters required by law. The Court has jurisdiction over the subject matter of this proceeding and over all persons and property affected hereby, whether those persons or owners of property have appeared or not. 3. Statements of opposition: Statements of opposition were filed by TSG Ski & Golf, LLC and Town of Mountain Village; Colorado Cooperative Company; Frank and Mary Lou 00053058 -7 :16 AM