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i1AR 1 9 1990 <br />F1LED'~/ATER DIV 6 <br />STATE OF COLORADO <br />WATER COURT, WATER DIVISION NO. 6, <br />Case No. 83-C'r1-62 <br />STATE OF COLORA`GG~ 2 6 1990 <br />REFEREE'S RULING - UNDERGROUND WATER RIGHT (CONDITIONAL) <br />IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF: <br />Peabody Coal Company <br />L~ <br />IN ROUTT COUNTY, STATE CF COLORADO <br />The above captioned Application was filed on June 15, 1989 <br />and was referred to the water referee in accordance with Sections <br />37-92-101, et seq., C.R.S. The Application seeks approval of a <br />conditional underground water right in connection with a plan for <br />augmentation. The plan for augmentation is Case No. 89-CW-63. <br />On September 14, 1989 the Division Engineer submitted a Summary of <br />Consultation recommending that approval not be granted unless the <br />plan for augmentation in Case No. 89-CW-63 is approved and further <br />recommending that the Applicant submit a well permit, denial of <br />well permit, or evidence of six months inaction by the State <br />Engineer. On January 5, 1990 the Rer"eree received copies of the <br />findings of the State Engineer and denial of the Applicant's weii <br />permit application. Such denial by the State Engineer was based <br />on a conclusion that the proposed diversion from the well would <br />cause depletion to Sage Creek at times when it is overappropriated. <br />Simultaneous with the submission of this Ruling, the undersigned <br />water referee has submitted a Ruling in Case No. 89-CW-63, <br />approving the plan for augmentation. <br />No Statement of Opposition to the Application has been filed <br />and..the time for filing such statement has expired. <br />The Rer"eree has made such investigations as are necessary <br />to determine whether the statements in the Application are true and <br />has become fully advised with respect to the subject matter of the <br />Application. <br />IT IS HEREBY THE RUL_TNG OF THE WATER REFEREE: <br />The name and address of the Applicant are: <br /> <br />Peabody Coal Company <br />'1300 Sourh Y31e <br />.Flagstaff, AZ 86001 <br />2. The name of the well is: <br />=NVIflONtvMCi3Ti+~_ '\?-t=.',;r .;; <br />",1AR '' . <br />`NCST~F;N i. I`:r.~ V <br />. '." -,~~ ~Gr.- ., <br />Peabody Seneca II-w well No. t <br />16-1-17 <br />