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Application of Bowie Resources, LLC <br />Case No. 02CW77 <br />Ruling of Referee and Decree <br />Page 6 <br />Findings Re: Second Claim for Relief <br />(Plan for Augmentation, Change of Water Rights and Exchanges) <br />12 Names of structures to be augmented: <br />A. Deer Traii Ditch (refereed to herein as the "Deer Trail Industrial Right") <br />i. Decree Information: Decree entered March 20, 1954, Case No: <br />3503, Delta County District Court. <br />ii. Legal description of point of diversion: a point on the west bank of <br />Hubbard Creek, a tributary of the North Fork of the Gunnison <br />River, whence the SE corner of Section 11, Township 13 South, <br />Range 91 West, 6th P.M. bears south 20° 49' East 2191.1 feet <br />iii. Source: Hubbard Creek, tributary to North Fork of the Gunnison . <br />River. <br />iv. Amount: 0.50 cubic feet per second, absolute. <br />v. Appropriation Date: February 15, 1907. <br />vi. Decreed use: Power and mining purposes. <br />vii. Owner: The Deer Trail Industrial Right is owned by the Deer Trail <br />Ditch Company. Applicant is entitled to utilize the water right.as a <br />shareholder in the Ditch Company. <br />B. The Bowie Sedimentation Ponds, described in [he Findings Re: First <br />Claim for Relief, above. <br />13. The water rights to be used for augmentation purposes are the following: <br />A. The Applicant owns or leases the following Class 1 shares of the capital <br />stock of the Deer Trail Ditch Company: <br />Shares owned by Applicant 600 <br />Shares leased by Applicant 3y750 <br />TOTAL 4,350 <br />The Deer Trail Ditch Company has 4,800 Class 1 shares outstanding. Accordingly, Bowie owns <br />or controls 90.625% of the Class 1 shares. Water produced under the Class 1 shares owned and <br />controlled by Applicant will be used for augmentation under the plan described below. The Deer <br />Trail Ditch Company owns water rights adjudicated to the Deer Trail Ditch. These water rights <br />