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<br />Application of Bowie Resources, Limited <br />Case No. 99 CW 263 <br />Ruling of Referee and Decree <br />Page 14 <br />26. The Plan for Augmentation described in the Findings Re: Third Claim for Relief, <br />above, meets the statutory criteria for a plan for augmentation asset forth in Sections 37-92-103(9), <br />-302(1), and -305(8), C.R.S., and other applicable statutes, and is one contemplated bylaw. If the <br />Plan for Augmentation is operated and administered in accordance with the conditions hereof, such <br />Plan and the changes of water rights requested by Applicant will not cause material injury to any <br />vested water rights or decreed conditional water rights on Terror Creek, Hubbard Creek, the North <br />Fork of the Gunnison River, or their tributaries. <br />27. The changes of water rights described in the Findings Re: Third Claim for Relief, <br />above, meet the statutory criteria for changing water rights, as set forth in Sections 37-92-103(5), <br />-302(1), and -305, C.R.S., and the changes of water rights requested by Applicant should be <br />approved as set forth below. <br />RULING <br />28. The Findings of Fact and Conclusions of Law set forth above aze hereby approved • <br />and confirmed, and aze incorporated into this Ruling by reference. <br />29. The application for water storage rights for the Bowie Sedimentation Ponds set forth <br />in the First Claim for Relief of the Application filed herein is hereby approved. Absolute water <br />rights aze hereby awarded to Bowie Sedimentation Pond C and Bowie Sedimentation Pond D in the <br />amounts and for the uses specified for such Ponds in the Findings Re: First Claim for Relief, above, <br />together with the right to fill and refill each of the Ponds when water is available in priority or <br />pursuant to the augmentation plan set forth above. A conditional water right is hereby awazded to <br />Bowie Sedimentation Pond B in the amount and for the uses specified for such Pond in the Findings <br />Re: First Claim for Relief, above, together with the right to fill and refill such Pond when water is <br />available in priority or pursuant to the augmentation plan set forth above; provided always that the <br />award of said conditional water right is on the condition that said quantity of water be diverted and <br />applied to beneficial use within a reasonable time. All of such water rights are subject to all earlier <br />priority rights of others and to the integration and tabulation by the Division Engineer of such <br />priorities and in accordance with law. <br />30. The application for surface water rights for the Bowie Resources Springs set forth in <br />the Second Claim for Relief of the Application filed herein is hereby approved, as follows: <br />Conditional water rights aze hereby awazded to the Bowie Resources Springs listed on Table 2, <br />attached hereto, in the amounts shown for each Spring on Table 2, and for the uses specified for such <br />Springs in the Findings Re: Second Claim for Relief, above; provided always that the awazd of said • <br />conditional water rights is on the condition that said quantities of water be diverted and applied to <br />beneficial use within a reasonable time. All of such water rights are subject to all earlier priority <br />