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Rant Ry: OXROW SAT NT••N.. nAA''r111N C..; a;n aaa St'7; rah~tn-aa <br />.-, ~ , <br />• ULS'1'R1C'T COURT', WATER LIVISION NO. 4, COLORADO <br />Case NO. 9'! CW 138 <br />7:.ina~7; Fapa aiF. <br />RECElVED•Ff6 0 s 1999 <br />per.~¢ 1~~8 <br />FIIiDIN08 AND RIILINO OF REF8RE8 4rJ~ 78.Gf+Ef ' <br />is <br />Concerning the Applicaticn for water Rights of <br />OXBOW CARBON b MINERALS, INC., <br />as successor of SOMERSET MINING COMPANY <br />In Junnieon and Delta Counties. <br />Applicant, Oxbow Carbon and Minerals, Inc., whose address is <br />P.O. Box 535, Somer9eL, Colorado 81436, seeks amendment of its <br />plan for augmentation for water diverted from Somerset water <br />Supply System to permit the use of storage water from Eaet <br />Beckwith Reservoir No. 1 ae augmentation water, in the place of <br />water previously stored in Beach Pond. <br />FINDINGIB <br />1. Referee finds that due and proper notice of this <br />proceeding has been given and that the Referee has jurisdiction <br />over this matter. <br />• 2. The time for filing atatemwnte of opposition hat <br />expired and the only statement of opposition filed is that of <br />Harold D. (Hal) Simpson, 9tatn Rngineer and Kenneth W. Knox, <br />Division Engineer for Water Division No. 4, filed on or about <br />October 30, 1997. <br />3. The 6omnrpret Water Supply System ie a r~tructurc located <br />at a point on the North bank of the North Fork of the Gunnison <br />River whence thv SW~ corner of Seotion 9, Township 13 South, <br />Range 90 Weat, 6th P.M, bears South 65°20' West 1,820 feet. The <br />structure has been adjudicated foz .9p c.f.a for municipal use <br />under priority no. J-91 and for .90 c.f.a for municipal and <br />mining urea under priority no. J-329. <br />d. fiaat Beckwith Reocrvoir is commonly knvwu an Lvnt Lake <br />Slough and is located in Section 3, Township 14 South, Range 88 <br />bleat of the 6th p.M., on the Loat Lake water shed, tributary to <br />Ruby Anthracite Creek, a branch of Anthracite Creek; the initial <br />point of survey of oaid reservoir is at a poii:t whence the <br />Southeast corner of Section 34, Township 13 South. Range 88 bleat <br />of the 6th P.M., bearp N 31°57• E, 1,627.2 feet. <br />5. Applicant obtained approval of a plan for augmentation <br />in Caae No. 93 CW 97, water Division No. 4 for augmentation for <br />diversions from F,omeraat Water Supply using dry up credits from <br />the removal of orchard lands from irrigation under the Doer Trail <br />Ditch and from waters stored in Beach Fund No. 1. Applicant's <br />• <br />