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r' <br />WATER COURT, WATER DIVISIGN NO. 6, <br />Case No. 89-C'A-81 <br />~i~r~ ~ ~ <br />1890 <br />STATE OF COLt.3f~J`:'.';;;=_;? ~,1i1 3 <br />r <br />REFEREE'S RULING - STORAGE (CONDITIONAL) <br />IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF: <br />Peabody Coal Company <br />IN MOFFAT COUNTY, STATE OF COLORADO <br />The above captioned Application was filed on June 15, 1989 <br />and was referred to the water referee in accordance witn Sections <br />37-92-101, et seG., C.R.S. Cn August 30, 1989 a Statement cf <br />Oppositicn was filed by Axial basin Ranch Company. On September <br />12, 1989 the Division Engineer submitted a Summary of Consultation <br />reccmmer,ding approval of the 4pplication as requested. <br />The Referee !^as made such investigations as are necessary to <br />determine whether the statements tin the Application are true and <br />has become fully advised with respect to the subJect matter of the <br />Application. <br />IT IS HERESY THE RULICJG OF THE WATER REFEREE: <br />1. The name and address of the Applicant are: <br />Peabody Coal Company <br />100 South 'fate <br />Flagstaff, AZ 8E001 <br />2. The name of the reservoir is: <br />Peabody Pond `(-1 <br />3. The legal description for the location of the dam is: <br />The center of the dam embankment is located in the NE 1/a, NW <br />1J4, Section 19, T5N, R87'A, 8th P.M., at a point 270 feet from the <br />North section line and 2900 feet frcm the East section line of said <br />Section 19. <br />S. The scurce of the •Nater ts: <br />Unnamed tributary of Sage Creek, which is tributary Lo the <br />Yampa River . <br />5. The date of apPrcPriaticn is: <br />4/5!1989 <br />16-1-14 <br />