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Application of Bowie Resources, Limited Case No. 99 CW 263 Ruling of Referee and Decree Page I S rights of others and to the integration and tabulation by the Division Engineer of such priorities and in accordance with law. 31. The application for approval ofthe plan for augmentation set forth in the Third Claim for Relief of the Application filed herein is hereby approved. The structures and water rights to be augmented, as described in Pazagraph 20, above, may be constructed and may divert water in accordance with this Ruling of Referee and may be operated in accordance with this Ruling of Referee. Applicants shall have the right to divert water out of priority from'and at the structures described in Paragraph 20, above, so long as adequate water is available and provided to augment depletions from such diversions, as set forth in the Plan for Augmentation described above. The Division Engineer for Water Division 4 shall curtail all out of priority diversions from the water rights described in Pazagraph 20, the depletions from which aze not so replaced as to prevent injury to vested water rights. 32. The application for approval of change of water rights set forth in the Third Claim • for Relief of the Application filed herein is hereby approved, as follows: A. The water rights represented by the seven shares of the capital stock of the Terror Ditch Company owned by Applicant are hereby changed to allow the following uses, in addition to the original decreed uses: Uses incidental to the operation of the Bowie Mine No. 2, as specified in Paragraph 22, above, by augmentation, replacement, and/or exchange. B. The water rights represented by the shazes of the capital stock of the Deer Trail Ditch Company owned and/or leased by Applicant aze hereby changed to allow the following uses, in addition to the original decreed uses: Industrial purposes and other purposes incidental to the operation of the Bowie Mine No. 2, as specified in Paragraph 22, above, by augmentation, replacement, and/or exchange. C. The uses for up to 4.59 AF of the water leased by Applicant in the East Beckwith No. I Reservoir aze hereby changed to allow the following uses, in addition to the original decreed uses: Industrial purposes and other purposes incidental to the operation of the Bowie Mine No. 2, including without limitation replacement ofevaporation losses from the Bowie Sedimentation Ponds B, C and D, all by augmentation, replacement, and/or exchange. If the Division Engineer increases the transit losses for water released from East Beckwith No. 1 Reservoir pursuant to Pazagraph 22.B.iv, above, a corresponding additional amount of the water leased by Applicant in the East Beckwith No. 1 Reservoir shall be deemed to be changed to allow the above uses, in order to account for the additional transit losses.