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<br />• <br />00 C57 55 <br />Fe abody Coal Co. <br />Paqe 16 <br /> Enq in eer, including amount and location of water <br /> stored, Appl is an ['5 diversions for industrial, <br /> augmentation, and mitigation uses, and summary of <br /> historical consumptive us e.cred its used and <br /> remaining. <br />D.~ Zniury Prevented <br /> In light of the fo r, egoing £ind togs regarding <br />- Applicant's development and the hyd rolog is al <br /> situation, the Referee he reby finds that the <br /> operation of the plan for. augmentation will <br /> ade qua taly replace depletions caused by Applicant's <br /> operation of its plan; and that no owner of or person <br />~,~ entitled to use water under vested water rights or <br /> decreed conditional water r. ig hts will be injuriously <br /> affected by .the operation of Applicant's system ~~ <br /> without curtailment by State water officials, so long <br /> as the plan is administered in accordance with the <br /> terms of this Ruling.. <br /> RULING <br />£_ <br /> <br />IT IE HEREBY THE RULING OF THE WATER REFEREE THAT: <br />1. The foregoing Findings are incorpo ra ted into this <br />Ruling. <br />2. The Applicant's change of water rights and plan for <br />augmentation as set forth hereinabove are hereby approv ad, <br />subject to compliance wi [h and proper. administration of the <br />terms and cond itions`set forth in this Ruling. <br />3. The State Engineer and the Division Engineer. for <br />Water Division No. A, and their delegates, shall administer <br />this plan for augmentation in accordance with the terms of <br />this Ruling, and shall not curtail the Applicant's use of <br />water from the existing and proposed points of diversion and <br />Storage for irrigation, industrial, augmentation, maintenance <br />of storage rese rues, and mitigation uses so long as the plan <br />for augmentation is being operated in acco rd ance with the <br />terms of this Ruling. <br />4. The State Engineer, shall issue a we 11 permit for the <br />Nucla East Nine pit, conditional upon compliance with this <br />Ruling, when applied for by Applicant. <br />• <br />REVISED MARCH 2006 Attachment 2.05.3(3)-16-37 <br />