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•: <br />socwes <br /> <br />(6) .Northern Pond C, 3 A.F., appropriation date of <br />August 2, 1979, decreed in Case No. 79CW342, located in the center <br />of 21, T. 2 N., R. 93 W. <br />(7) Northern Pond D, 5 A.F., to be constructed as <br />required when the mine is developed, located in the SE: of Section <br />29, T. 2 N., R. 93 W. • <br /> <br />(8) Northern Pond E, S A.F., to be constructed as required <br />when the mine is developed, located in the SE: of Section 29, T. 2 <br />N., R. 93 W. <br />f. The Applicant will pump mine water inflow to Northern <br />Ponds A,•B, C, D and E during mining operations ,. and discharge the" <br />water to Curtis Creek to balance the depletions which may result <br />to Curtis Creek from mine water inflow, as a~ay be required to meet <br />valid downstream senior calls. <br />g. The Applicant will release water stored in priority.in~ <br />Jensen Reservoirs Nos. 1, 2 and 3 to meet valid downstream senior <br />calls after mining operations to replace the depletions to Curtis _~_- <br />Creek which may result from its coal mining operation. <br />4. The Referee does therefore conclude that the application <br />for approval of a plan for augmentation should be granted, and the _`. <br />application is hereby approved. <br />5. The State Engineer is hereby directed to issue well <br />permits upon the request of the Applicant for the structures <br />v described in Paragraph No. 2 pursuant to G.R.S. 1973, 37-92-305(6). <br />6: The State Engineer shall curtail all out of priority <br />diversions, the depletions from which are not so replaced as to <br />prevent injury to vested water rights.. ' <br />~ . <br />7. The approval of this application for a plan for augmenta- <br />tion shall be subject to reconsideration by the Water Judge on the <br />question of injury to the vested rights of others for a period of <br />five years after the entry of this ruling, pursuant to C.R.SJ 1973, <br />37-92-304(6). •. <br />It is accordingly .ORDERED that tY)is ruling shall be filed <br />with the Water Clerk and shall become effective upon such filing, ,.- <br />subject to Judicial review pursuan to Section 37-92-304 C.R.S. 1973.. - <br />It is further ORDERED that a copy of this. ruling shall be ..~ ~'~~ <br />filed with the appropriate•Division Engineer and the State Engineer: <br />Done at the City of Glenwood .Springs, Colorado, this: ... ~,_ <br />. Wa per ll1v151on NO. S <br />. ~ State of Colorado <br />. :;; <br />. - _ • _ - .. <br />