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;' <br />~r:K.<: -.-. <br />,:. <br />M _ <br />~ ~l r; r <br />,1. C.1 <br />DATE Of MAlLlt~lG ~'''~' '~`f'''~ "'` <br />7 -3/ ~~9 JUL 3 i ~ <br />DISTP.ICT COURT, WATER DIVISI?r7 NO. 4, COLORADO Kay Pftillips. C1erY. <br />CASE NO. &8CW125 (Ref.. 80CW~7 anG 84CW156) <br />FINDINGS AND RULING OF REFEREES AND DECREE <br />IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF: <br />COLORADO WESTMORELAND INC. <br />In the GUNNISON River, DEL'T'A County, Colorado. <br />Applicant, CCLORADO WESTMORELAND INC.,P.0. Bes 1299, <br />Paonia, Colorado 81428, by its attorney, Theodore E. Worcester of <br />Sherman & Howard, 633 Seventeenth St., Denver, Colorado 80202, <br />requests a Quadrennial Finding of Reasonable Diligence by <br />Application filed September 30, 1988. <br />FINDINGS OF FACT <br />1. All notices required by law of the filing of this <br />Application have been given. The Referee has jurisdiction of this <br />case. The time for filing of statements of opposition has expired <br />and ro such statements have been filed. <br />2. Applicant requests a finding of reasonable diligence in <br />the completion of the conditional water right for the TRAIN LOADO.'*; <br />WELL NO. 1, located at a point in the NW1/4SW1/4 of Section 29, <br />Township 23 South, Rango 91 West, 6th P.M., 2190 feet from the South <br />Section line and 2000 feet from the East Section Line of avid <br />Section 29, which is tributary to North Fork and the Gunnison River, <br />as decreed in case 80CW77 on October 14, 1980. In support of Chia <br />request, Applicant states that continued develop4ent of the seine has <br />been done. This decree has existed since 1980, and diligence <br />probably will not be granted again absent a showing o` ~ubatartial <br />progreos toward the perfection of the right.. The Court findo chat <br />the statements are true, and that this activity cronatitutea <br />reeeonnDla diligence in the completion of the diveralen. <br />RUL?NG <br />Tho conditional avatar rights decreed for 50 e.t.s. to the <br />