Laserfiche WebLink
A <br />~~ <br />DISTRICT COURT, WATER DIVISION N0. 4, COLORADO <br />Casa No. 86CW38 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, JUDGMENT AND DECREE <br />CONCERNING THE APPLICATION FOR WATER RIGHTS OF: <br />WEST ELK COAL COMPANY <br />IN GUNNISON AND DELTA COUNTIES. <br />THIS MATTER came on before the Court on the Application <br />for Approval of Plan for Augmentation filed by West Elk Coal <br />Company (hereinafter Applicant). The Court, having consider- <br />ed the pleadings, the files, and the evidence presented <br />herein, together with this offered consent decree, and being <br />fully advised in the premises, does make and render its <br />Findings of Fact, Conclusions of Law, Judgment and Decree, as <br />follows: <br />FINDINGS OF FACT <br />1. Applicant West Elk Coal Company, a Delaware <br />corporation and wholly-owned subsidiary of Atlantic Richfield <br />Company, a Delaware corporation, initiated this matter by <br />filing with the Clerk, Water Division No. 4, its "Application <br />for Approval of Plan for Augmentation" on April 30, 1986. <br />2. A timely statement of opposition was filed by <br />Jeris A. Danielson, Colorado State Engineer, and <br />Thomas A. Kelly, Division Engineer for Water Division No. 4. <br />3. Upon motion of the Applicant, duly granted, this <br />cause was rereferred to the Court for disposition. <br />4. Timely and adequate notice of these proceedings has <br />been given in the manner required by law. The time for <br />filing statements of opposition and for seeking leave to <br />intervene has expired. The Court has jurisdiction over the <br />subject matter of these proceedings and over all-persons <br />affected hereby whether they have appeared or not. <br />5. Applicant is the owner of fee lands and the holder <br />of federal coal leases for the production of coal from lands <br />shown on Exhibit A, attached hereto and incorporated herein <br />by this reference. The lands to be mined are hereafter <br />referred to as the mine block. Extraction of coal from the <br />-1- <br />