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Application of Bowie Resources, Limited <br />Case No. 99 CW 263 <br />Ruling of Referee and Decree <br />Page 5 <br />21. The water rights to be used for augmentation purposes are the following: <br />A. Tenor Ditch Company Shazes. The Applicant owns seven shares of the capital stock <br />of the Terror Ditch and Reservoir Company ("Terror Ditch Company"). Water produced under the <br />seven Shazes owned by Applicant will be used for augmentation under the plan described below. <br />Applicant's seven Shazes represent 3.5% of the 200 total shares of the Terror Ditch Company which <br />aze issued and outstanding. The Tenor Ditch Company owns water rights adjudicated to the Tenor <br />Ditch, the Terror Ditch, Hubbard Creek Extension, and the Bruce Park Reservoir (also known as the <br />Terror Creek Reservoir). These water rights are described on Table 3, attached hereto. <br />B. DeerTrail Ditch Company Shazes. The Applicant owns or leases the following Shazes <br />of the capital stock of the Deer Trail Ditch Company: <br />Class 1 Shares Class 2 Shares <br />Shares owned by Applicant 600 960 <br />Shazes leased by Applicant 3 750 960 <br />TOTAL 4,350 1,920 <br />The Deer Trail Ditch Company has 4800 Class 1 shares and 1920 Class 2 Shazes outstanding. <br />Accordingly, Bowie owns or controls 90.625% of the Class I Shazes and 100% ofthe Class 2 Shazes. <br />Water produced under the Shazes owned and controlled by Applicant will be used for augmentation <br />under the plan described below. The Deer Trail Ditch Company owns water rights adjudicated to <br />the Deer Trail Ditch. These water rights are described on Table 4, attached hereto. <br />C. East Beckwith No. 1 Reservoir. The Applicant is the lessee of a 25% interest in the <br />East Beckwith No. 1Reservoir. AportionofthewaterproducedbyandavailabletoApplicantunder <br />such interest will be used for augmentation under the plan described below. The water rights for the <br />East Beckwith No. 1 Reservoir aze described as follows: <br />i. Decree Information: Decree entered May 28, 1937, Case No. 2563, Delta <br />County District Court. <br />ii. Legal description of place of storage: Located in Section 3, T. 14 S., R. 88 <br />W., 6th P.M., the initial point of survey of said reservoir being at a point <br />whence the Southeast Comer of Section 34, T. 13 S., R. 88 W., 6th P.M., <br />beazs N. 31° 57' E. 1627.2 feet distant. <br />. iii. Source: Anthracite Creek, tributary to the North Fork of the Gunnison River. <br />