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<br />Use: Domestic, commercial, and industrial to <br />include ventilation, coal emulsion and dust suppression, and all <br />other uses associated with mining operations. <br />structure. <br />3. <br />No other water rights are diverted through this <br />Applicant owns the following water rights which will be <br />added to the list of augmentation water rights described as <br />"Ditch Rights" on pages 1 and 2 of Exhibit A and on Exhibit B to <br />the Original Decree. The water rights described in this <br />application in this paragraph 3 and those water rights described <br />as "Ditch Rights" on pages 1 and 2 of Exhibit A and on Exhibit B <br />to the Original Decree will hereinafter collectively be referred. <br />to as "Ditch Rights." Water from the Ditch Rights may be used <br />directly to replace out-of-priority depletions or may be stored <br />directly or by exchange for later release and use. In accordance <br />with paragraph 14.A of the Original Decree, applicant requests <br />that the amount of historical consumptive use under the Ditch <br />Rights be changed to storage for later year-round use in mining, <br />reclamation, irrigation, electrical generation, fish propagation, <br />and all other beneficial uses. In accordance with paragraph 14.B <br />of the Original Decree, applicant requests that the Underground <br />Rights be permitted to be used as alternate points of diversion <br />for the various Ditch Rights. In accordance with paragraph 14.C <br />of the Original Decree, applicant requests that the places of <br />storage of the changed Ditch Rights be any or all of the storage <br />reservoirs described in paragraph 4 below. <br />a. Rawlinson Ditch: <br />Previous decrees entered: In the Matter of the <br />Adjudication of the Priority of Rights to the Use of Water for <br />Irrigation in Water District No. 57, District Court of the Ninth <br />Judicial District, Routt County, decree dated July 13, 1891; Case <br />No. $5CW12, Water Division No. 6, August 22, 1985, granting <br />alternate point of diversion for headgate; Case No. 89CW48, Water <br />Division No. 6, decree dated March 8, 1990, granting alternate <br />point of diversion for headgate and change in the place of use. <br />Type of Water Right: Surface <br />Legal Description: The original decreed location <br />of the headgate is on the right and east bank of Fish Creek in <br />the NW ;, Section 25, Township 5 North, Range 87 West, whence the <br />NE Corner of the NW'; of said Section 25 bears North 18~ 45' East <br />(var 15~ E) 33 chains in Routt County, Colorado. <br />-4- <br />