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<br />Application of Bowie Resources, Limited <br />` Case No. 99 CW 263 <br />Ruling of Referee and Decree <br />Page 16 <br />D. The places of use for the waterrights described in Pazagraphs 32.A., 32.B., and 32.C., <br />above, aze hereby changed to add an additional place of use at and in the vicinity of the Bowie Mine <br />No. 2, the portal of which is located in Section 10, T. 13 S., R. 91 W., 6th P.M., Delta County, <br />Colorado. <br />33. The priority dates awazded to the water rights decreed herein aze as follows: <br />Water Rieht Priority Date <br />Bowie Sedimentation Pond B May 12, 1999 <br />Bowie Sedimentation Ponds C and D February 9, 1996 <br />Bowie Resources Springs October 31, 1997 <br />The Application was filed herein in 1999, and the water rights awarded herein shall be administered <br />as having been awazded on an application filed in such yeaz. <br />34. Applications for reasonable diligence shall be filed by the owner or user of the • <br />conditional water rights awarded herein, at the times and in the manner specified by §37-92- <br />301(4)(a), C.R.S., if such owner or user desires to maintain the same, or until a determination has <br />been made that such conditional rights aze made absolute by reason of the completion of the <br />appropriation. The date for filing the first application for a finding of reasonable diligence shall be <br />set forth in the judgment and decree of the Court confirming this Ruling. <br />35. The Court shall retain jurisdiction in this matter as follows: <br />A. The Court shall retain jurisdiction with respect to the approval of the plan for <br />augmentation and of the change of water rights for five years from the date this Ruling of Referee <br />is confirmed and made the judgment and decree ofthe Court. Insetting forth this period, the Referee <br />finds that such period is necessary to assure that no injury shall occur to vested rights of others by <br />the operation of the plan for augmentation or by the change of water rights. <br />B. Pursuant to Paragraph 22.B.iv, above, the Division Engineer may adjust the <br />transit loss factor applied to releases of water from East Beckwith Reservoir. Applicant shall have <br />the right to challenge any such adjustments in further proceedings in this case, and jurisdiction is <br />herebyretainedforsuchpurpose. NoticeofanysuchfurtherproceedingsshallbegivenbyApplicant <br />to the Division Engineer and to the Objectors, who shall have the opportunity to participate in such <br />proceedings. <br />