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<br />WATER RIGHTS
<br />1. All water and water rights which maybe appurtenant to tbebelow described parcel ofland un the
<br />County of Garfield and State of Colorado which was acquired by Sheridan Fntaprises, Ittc. fiom
<br />William E. Wise and Dorn~a M. Wise by grit Claim Deed of Water Rights dated May 16,1979 as
<br />recorded in the Cleric's Office ofGarfield Cormty, Colorado, in Book 528, Page 925 and
<br />subsequently conveyed to Lodestar Energy, Inc. by Deed and Assignment dated July 14,
<br />i 999 and recorded in Book 2612, Page 976 of the Clerk's office of Mesa County,
<br />Colorado and in Book 1141, Page 7 of the Clerk's office of Garfield County Colorado.
<br />Being a fifty percent (50%) undivided interest in and to the
<br />following parcel:
<br />Resurveyed Tract 40 of Sections 22 and 23, being Lots 12, 14, 16,
<br />18, 20, 21, 23 and 25 of Section 22 and Lots 2 acrd 3 of Section 23,
<br />in Township 7 South, Range 102 West, and 6th P.M.
<br />2. SCMC Pump No. 1 for 3.0 c.fs. (conditional) as decreed in favor of Salt Creek Mining
<br />Company in the Ruling of Referee dated April 13, 1982, Case No. 81CW471 in the
<br />District Court in and for Water Division No. 5, with an appropriate date of September 21,
<br />1981, as recorded in the Clerk's Office of Mesa County, Colorado, in Book 1391, Page
<br />458. Said rights are also subject to the Ruling of Referee dated November 23, 1992,
<br />Application No. 92CW212 in the District CouR in and for Water Division No. 5, as
<br />recorded in the Clerk's Office of Mesa County Colorado in Book 1956, Page 1. The
<br />subject water rights were conveyed by Salt Creek Mining to Grand Valley Coal Company
<br />by Bargain and Sale Deed dated October 16, 1992 as recorded in Book 846, Page 524 of
<br />the Clerk's Office of Garfield County, Colorado and in Book 1935, page 775 of the
<br />Clerk's Office of Mesa County, Colorado, and subsequently assigned to Lodestar
<br />Energy, Inc. by Deed and Assignment dated July l4, 1999 and recorded in Book 2612,
<br />Page 976 of the Clerk's office of Mesa County, Colorado and in Book 1141, Page 7 of
<br />the Clerk's office of Garfield County Colorado.
<br />3. All water and water rights described in the Deed dated October 7, 1980 and recorded
<br />October 7, 1980 at Book 1279, Page 115 in the real property records of Mesa County,
<br />from Leonard C. Rich and Delores L. Rich to Sheridan Enterprises, Ina Said water and
<br />water rights were conveyed to Lodestar Energy, Inc. by Deed and Assignment dated
<br />July 14, 1999 and recorded in Book 2612, Page 976 of the Clerk's office of Mesa
<br />County, Colorado and in Book 1141, Page 7 ofthe Clerk's office of Garfield County
<br />Colorado.
<br />4. All of Grantors' interest in 10 afs. of water rights in the Mack Pumping Pipeline, a
<br />single, unified water system to provide water for development and use in connection
<br />with production of coal, power and other operations, as confirmed by the April 13, 1972
<br />Decree entered by Mesa County District Courtin Case No. 13368. A Decree finding
<br />reasonable diligence was entered by the Water Court "In the Matter of the Application
<br />for Water Rights of CRSS, Inc., and Grand Valley Coal Company," Case No.
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