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Application of Bowie Resources, Limited Case No. 99 CW 263 Ruling of Referee and Decree Page 3 The water was applied to beneficial use on February 9, 1996, for Ponds C and D. 8. The amounts claimed by the Applicant for the Bowie Sedimentation Ponds aze as follows: Bowie Sedimentation Pond B: 4.72 acre feet, conditional. Bowie Sedimentation Pond C: 3.93 acre feet, absolute. Bowie Sedimentation Pond D: 0.53 acre feet, absolute. in addition to the amounts shown above, Applicant also claims the right to fill and refill each of the Bowie Sedimentation Ponds when water is available in priority. The rate of filling the Ponds will vary depending on the timing and amount of runoff which occurs above the Ponds. 9. The water in the Bowie Sedimentation Ponds will be used for industrial purposes and other purposes incidental to the operation of the Bowie Mine No. 2, described in Paragraph 22, below, including without limitation use for intercepting and detaining water to allow any suspended pollutants to settle out prior to returning water to the North Fork of the Gunnison River and evaporation from the ponds. 10. The dam and reservoir size and capacity information for the Bowie Sedimentation Ponds is set forth on Table 1, attached hereto. 11. Water is available for appropriation under these priorities. With respect to the absolute water rights claimed, Applicant has established that the waters have been diverted, stored, and/or otherwise captured, possessed, and controlled and have been applied to beneficial use. With respect to the conditional water rights claimed, Applicant has established that water can and will be diverted, stored, and/or otherwise captured, possessed, and controlled and will be beneficially used, and that the appropriations can and will be completed with diligence and within a reasonable time. Findings Re: Second Claim for Relief (Surface Water Rights for Bowie Resources Springs) 12. The names of the structures aze the Bowie Resources Springs, consisting of 37 springs. The names of each spring, consisting of the letter "S" followed by additional numbers and letters, are set forth on Table 2, attached hereto and incorporated herein by reference. I • 13. The legal descriptions of the points of diversion for each of the Bowie Resources Springs are set forth on Table 2. The locations of the points of diversion of the Bowie Resources Springs aze illustrated on the map attached hereto as Figure 2.