PERMFILE66574 - Laserfiche WebLink

Home Browse Search

n~~pii~atiou of Mestern Slope Carbon Pag• 2 W-2716 • capacity to carry the venter decreed to Hawke Nast Pipeline No. 2 a distance of approximately 500 feet to Hawke Nest Mine owned by applicant. There era no other decreed points of diversion out of the North Fork of the Gunnison River between the present point of diversion of the Hawks Nest Pipeline No. 2 as described in paragraph three hareinebove end the new proposed point of diversion of Hawks Hest Pipe- line No. 3 described in this paragraph five. Appli- cant requests a decree granting an alternate point of diversion unto Hawks Nest Pipeline No. 3 for all rater decreed, both conditional and absolute, to Hawks Nest Pipeline No. 2 so as to permit applicant to divert all or any part of said decreed water at either or both of the points of diversion for Hawks Nest Pipeline No. 2 and Hawke Nest Pipeline No. 3, alternately. The granting of thi• alternate point of diversion for said venter will not injure or other- risa affect the rater rights or decres• o! any other user. i. The orignal decree in this case, K-2716, ras entered by the Mater Judge in the District Court in and for Water Division No. 4, State of Colorado. 7. The dais of appropriation as originally decreed ras July 22, 3975. 8. The date o! that decree to Rewkc Nest Pipeline No. 2 ras July ].9, 1976. 9. The error in the description in the original decree in thi• case as referred to in paragraph three hereinebove • rill, it not corrected es requested hereinabove, adverse- ly affect applicant's rights and applicant has not heretofore protested or contested that erroneous deserip- tion because they were not aware of that error until recently in 1978 and applicant's failure to file any protest or contest to acid ezroneo~as decree was due to mistake, inadvertence or excusahle neglect. C rl s F. Willett fll 6 Attorney for Applicant Municipal 8uildinq 4th and Main Streets Y. O. Box 42 Address of Applicant: Delta, Colorado &1416 Telephone: 574-4434 Neatern Slope Carbon, Ino. P. 0. Box 1526 Salt Laka City, Dtah 54110 STATE OF~COLORADO ~ ^s. COUNTY OF DELTA Donald Ray Henderson, Mining Superintendent for Western Slope Carbon, Inc., being first duly sworn upon oath, deposes and says that he has read the foregoing application, knows the~Sontents thereof and that the came is true., ,h `,'~J Il Subscribed and sworn to before me this 31st da of August, 1975. My commission expires: December 2, 1 78. e: ~ yN .~~.,~... 'NOTARY YUDL C