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and those water rights described as "Ditch Rights" on pages 1 and <br />2 of Exhibit A and on Exhibit B to the Original <br />Decree will hereinafter collectively be referred to as "Ditch <br />Rights." Water from the Ditch Rights may be used directly to <br />replace out-of-priority depletions or may be stored directly or <br />by exchange for later release and use. In accordance with <br />paragraph 14.A of the Original Decree, applicant requests that <br />the amount of historical consumptive use under the Ditch Rights <br />be changed to storage for later year-round use in mining, <br />reclamation, irrigation, electrical generation, fish propagation, <br />and all other beneficial uses. It is intended by Applicant, <br />however, that all such uses of these water rights will be in <br />connection with mining operations or in facilities located on <br />mine property. In accordance with paragraph 14.B of the original <br />Decree, applicant requests that the Underground Rights be <br />permitted to be used as alternate points of diversion for the <br />various Ditch Rights. T.n accordance with paragraph: 14.C of the <br />Original Decree, applicant requests that the places of storage of <br />the changed Ditch Rights be any or all of the storage reservoirs <br />described in paragraph 7 below. <br />Eckman Park Ditches Nos. 1. ~. 3. 4. and 5. <br />Previous decrees entered: In re the Ad}udication <br />of Water Rights in Water District No. 57, Routt County District <br />Court, decree dated October 6, 1908, awarding 13 1/3 c.f.s. <br />collectively to Eckman Park Ditch Nos. 1, 2, 3, 4, and 5, with an <br />appropriation date of June 10, 1905; Case No. 79CW132, Water <br />Division No. 6, decree dated July 10, 1981, correcting decreed <br />locations of h_adgates to actual points, and providing a <br />supplemental or alternate point of diversion for 360/937 interest <br />in Eckman Park Ditch Nos. 1-5; Case No. W-1186-77, Water Division <br />No. 6, decree dated November 18, 1982, addition of alternate <br />point of diversion, change in use from irrigation to commercial, <br />industrial, and mining, and from irrigation season to year-round <br />use, change in place of use, and correction to the original <br />decree with respect to actual location of the headgates for <br />5-77/937 interest in Eckman Park Ditch Nos. 1-5. <br />Type of Water Right: Surface <br />Legal Description: <br />(a) Eckman Park Ditch No. 1: The headgate is <br />located on the west bank of the West fork of Foidel Creek, at a <br />point whence the SE corner of Section 12, Township 4 North, Range <br />87 West, bears North 54° East, 3,450 feet, whi:h headgate is at <br />the initial point of survey for Eckman Park Reservoir No. 1. <br />(b) Eckman Park Ditch Nos, 2 and 3: The <br />headgates are located on the west bank and the east bank, <br />respectively, of Foidel Creek at a point whence the E~ corner of <br />-5- <br />