2014-10-10_PERMIT FILE - C1996083 (4)

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Application of Bowie Resources, LLC Case No. 02CW77 Ruling of Referee and Decree Page 15 CONCLUSIONS OF LAW 19. The Application herein is one contemplated bylaw, and this Court has jurisdiction over the subject matter of this proceeding. 20. Timely and adequate notice of the filing and of the contents of the Application was given as required bylaw, and this Court and the Referee have jurisdiction over all persons or entities affected hereby, whether they have appeared or not. 21. The Applicant has initiated valid appropriations of the water rights and conditional rights of exchange for which application has been made herein, as of the dates claimed in the Application. Water is available for appropriation under these priorities. With respect to the absolute water rights claimed, the waters have been diverted, stored, and/or otherwise captured, possessed, and controlled and have been applied to beneficial use. With • respect to the conditional rights of exchange claimed, water can and will be diverted, stored, andlor otherwise captured, possessed, and controlled and will be beneficially used, and the exchanges can and will be completed with diligence and within a reasonable time. 22. The plan for augmentation described in the Findings Re: Second Claim for Relief, above, meets the statutory criteria for a plan for augmentation as set forth in Sections 37-92- 103(9), -302(1), and -305(8), C.R.S., and other applicable statutes, and is one contemplated by law. If the plan for augmentation is operated and administered in accordance with the conditions hereof, such plan and the changes of water rights requested by Applicant will not cause material injury to any vested water rights or decreed conditional water rights on Hubbard Creek, the North Fork of the Gunnison River, the Gunnison River, or their tributaries: 23. The changes of water rights described in the Findings Re: Second Claim for Relief, above, meet the statutory criteria for changing water rights, as set forth in Sections 37-92- 103(5), -302(1), and -305, C.R.S., and the changes of water rights requested by Applicant should be approved asset forth below. RULING 24. The Findings of Fact and Conclusions of Law set forth above are hereby approved and confirmed, and are incorporated into this Ruling by reference. 25. The application for water storage rights for the Bowie Sedimentation Ponds set forth in the First Claim for Relief of the Application filed herein is hereby approved. Absolute water rights are hereby awarded to the Bowie Sedimentation Ponds in the amounts and for the