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Application of Bowie Resources, LLC <br />Case No. 02CW77 <br />Ruling of Referee and Decree <br />Page 16 <br />uses specified for such Ponds in the Findings Re: First Claim for Relief, above, together with the <br />right to fill and refill each of the Ponds when water is available in priority. <br />26. The application for approval of the plan for augmentation set forth in the Second <br />Claim for Relief of the Application filed herein is hereby approved. The structures and water <br />rights to be augmented, as described in Paragraph 12, above, may divert and store water in <br />accordance with this Ruling of Referee and maybe operated in accordance with this Ruling of <br />Referee. Applicants shall have the right to divert and store water out of priority from and at the <br />structures described in Paragraph 12, above, so long as adequate water is available and provided <br />to augment depletions from such diversions and storage, as set forth in the plan for augmentation <br />described above. The Division Engineer for Water Division 4 shall curtail all out of priority <br />diversions from the water rights described in Pazagraph 12, the depletions from which are not so <br />replaced as to prevent injury to vested water rights. <br />27. The application for approval of change of water rights set forth in the Second <br />Claim for Relief of the Application filed herein is hereby approved, as follows: <br />A. The water rights represented by the shares of the Class 1 capital stock of <br />the Deer Trail Ditch Company identified in Paragraph 13.A., above, and by the shares of the <br />capital stock of the Farmer's Ditch Association identified in Paragraph 13.B., above, are hereby <br />changed to allow the following uses, in addition to the original decreed uses: Industrial purposes, <br />domestic purposes, and other purposes incidental to Applicant's ownership and operation of the <br />Bowie No. I and No. 2 Mines, by augmentation, replacement, and/or exchange in the manner <br />provided in the plan for augmentation and under the exchanges approved in this decree. <br />B. The water right for the water leased by Applicant in the East Beckwith <br />Reservoir No. I is hereby changed to allow the following uses, in addition to the original decreed <br />uses: Industrial purposes, domestic purposes, and other purposes incidental to Applicant's <br />ownership and operation of the Bowie No. 1 and No. 2 Mines, by augmentation, replacement, <br />and/or exchange in the manner provided in the plan for augmentation and under the exchanges <br />approved in this decree. <br />C. The Deer Trail Industrial Right is hereby changed to include domestic uses <br />as a decreed purpose. <br /> <br />