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Application of Bowie Resources, LLC <br />Case No. 02CW77 <br />Ruling of Referee and Decree <br />Page 5 <br />ix. Bowie Stockpile Sedimentation Pond: 0.35 acre feet, absolute <br />x. Bowie Loadout Sedimentation Pond: 1.80 acre feet, absolute <br />xi. Bowie Sedimentation Pond J: 2.47 acre feet, absolute <br />xii. Bowie Sedimentation Pond K: 0.71 acre feet, absolute <br />xiii. Bowie Sedimentation Pond F:3.95 acre feet, absolute <br />B. The total amount claimed for all of the Bowie Sedimentation Ponds is <br />14.76 acre feet, absolute. <br />C. ht addition to the amounts shown in Paragraphs 7.A. and 7.B., above, <br />Applicant also claims the tight to fill and refill each of the ponds when water is available in <br />priority. <br />D. The rate of filling the Bowie Sedimentation Ponds will vary depending on <br />the timing and amount of runoff that occurs above the ponds. <br />8. The water in the Bowie Sedimentation Ponds is used for industrial purposes and <br />other purposes incidental to the operation of the Bowie Mine Nos. 1 and 2, described in <br />Paragraph 14.A., below, including without limitation use for intercepting and detaining area <br />surface runoff to allow any suspended pollutants to settle out prior to returning water to the North <br />Fork of the Gunnison River and evaporation from the ponds. <br />9. The dam and reservoir information for the Bowie Sedimentation Ponds is set forth <br />on Table 1, attached hereto. <br />10. The places of storage and use for the Bowie Sedimentation Ponds are located on <br />land owned as follows: <br />A. Bowie Sedimentation Ponds I, 2, 3 and 4, Bowie Sedimentation Ponds W- <br />1 and W-2, and Bowie Refuse Pile Sedimentation Pond are located on lands owned by the <br />United States Bureau of Land Management ("BLM"), Montrose District Office, 2505 S. <br />Townsend Ave., Montrose, CO 81401. <br />B. All remaining structures are located on lands owned by Applicant. <br />11. Water is available for appropriation under these priorities. Applicant has <br />established that the waters have been diverted, stored, and/or otherwise captured, possessed, and <br />controlled and have been applied to beneficial use. <br />