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BB CW 89 <br />Peabody Coal Co. <br />Page 3 <br />' 11. Water shall not be impounded, except pursuant to the <br />operation of a lawful exchange, unless entitled to do so <br />by virtue of the priority herein awarded. At all other <br />times, all inflow of water into the reservoir from any <br />source, including precipitation, shall be removed by <br />applicant or applicant's successors in interest by <br />draining, pumping or other means, and released into the <br />nearest natural water course or below the reservoir, and <br />not utilized by applicant or applicant's successors in <br />interest in any manner. Applicant shall install and <br />maintain such meters, measuring devices or other struc- <br />tures as may be required by the Division Engineer of <br />Water Division No. 6. <br />12. It is also ordered that the conditional right herein <br />awarded is hereby continued in full force and effect <br />until T,h~,.u.r~~ 193 .. If Applicant desires to maintain <br />such conditional decree, an application for a quadrennial <br />finding of reasonable diligence shall be filed on or <br />before S„r~Anc~i ~~1`l~~ or a showing made on or before such <br />date that the conditional water right has become an abso- <br />lute water right by reason of the completion of the <br />appropriation. <br />13. The priority herein awarded said Peabody Seneca Mine Pond <br />006 was filed in the water Court in the year of 1988 and <br />shall be administered as having been filed in that year; <br />and shall be junior to all priorities filed in previous <br />years. As between all rights, filed in the same calendar <br />year, priorities shall be determined by historical dates <br />of appropriation and not affected by the date of entry of <br />ruling. <br />DATED this 2F~thday of November /, 1988 . <br />~~u .«`~- <br />ffh I <br />Water Re eree <br />Water Division No. 6 <br />THE COURT DOTH FIND: NO PROTEST WAS FILED IN THIS MATTER. <br />THE FOREGOING RULING IS CONFIRMED AND APPROVED, AND IS HEREBY <br />MADE THE JUDGMENT AND DECREE OF THIS COURT. <br />J~,rn. l9 ~ 1~~1 <br />Dated <br />FILED WATER D~V 6 <br />STATE OF COLOflADO <br />Ib <br />JAN - 61989 <br />j•,~ Rebecca Love Kour S <br />REBECCA LOVE KOURLIS <br />Water Judge <br />Water Division No. 6 <br />State of Colorado <br />-3- <br />