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<br />LEAVENWORTH & CALOIA, P.C. <br />ATTORNEYS AT LAW <br />LOYAL E. LEAVENWORTH <br />SHERRY A. CALOIA <br />SAMUEL J. LIGHT <br />JEFFERSONV HOUPT <br />PERRY ROSENSWEIG <br />Eastside Coal Company, Inc. <br />Stephen B. Self, General Manager <br />P. O. Box 161 <br />Silt, CO 81652 <br />November 1, 1994 <br />~IIII~II~II~II~~~~~ <br />sss <br />1011 GRAND AVENUE <br />P.O. DRAWER 2030 <br />GLENWOOD SPRINGS. COLORAD061602 <br />TELEPHONE: (303) 945-2261 <br />FAx:(303) 945-7336 <br />Re: Case No. 91CW081: Concerning the Application for Water Rights of Eastside <br />Coal Company. Inc. <br />Dear Steve: <br />Enclosed please find a wpy of the Findings of Fact, Conclusions of Law and Judgment <br />and Decree entered in the above-referenced matter on July 6, 1993. Also enclosed is a copy of <br />your contract with the West Divide Water Conservancy District for ten acre-feet of water per <br />yeaz. This contract was issued pending the annexation into the District. As you mentioned, you <br />will be taking care of the annexation of the property into the District. <br />We are in the process of re-submitting the well permit denials for the Eastside Well No. <br />1 and the Eastside Mine Well to the State Engineer. Once they have been approved, we will <br />forwazd copies of the permits to you. <br />It has come to our attention that the Decree entered in Case No. 91CW081 does not <br />specify the month and yeaz in which a finding of reasonable diligence is due to be filed for the <br />conditional water rights awarded to the Eastside Well No. 1 and the Eastside Mine Well. We <br />have prepared a Motion to Amend the Decree in which we request that the Court enter an order <br />to reflect that the diligence deadline for these structures is July of 1999. We have prepared this <br />Motion at no cost to Eastside Coal Company. <br />Please let me know your progress with the annexation into the West Divide Water <br />Conservancy District. If you need any assistance in this regard, please let me know. <br />Very truly yours, <br />LEAVENWORTH & CALOIA, P.C. <br />~~,~ <br />S erry A. C is <br />SAC:eg <br />A:\SELF.7LT <br />Nwmbcr 1, 1994 <br />