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%C'c~' 1. oa I <br />• DISTRICT COURT, WAFER DIVISION 6, STATE OF COLORADO TE OF ~O~ORADp <br />Case No. 91 CW 55 , ; SEC ~ 8 i391 <br />MOTION TO WITHDRAW APPLICATION <br />Applicant, Peabody Coa! Company, moves the Court enter an order allowing the withdrawal of <br />the application in this case, on the following grounds: <br />1)' The application was filed on June 13, 1991, and notice was duly published. <br />2) No statements of opposition were filed to the application. <br />3) The application was filed in response to a reouest by the Colorado Mined Land <br />Recla~rlation Division, made in connection with amid-term review of the reclamation permit for <br />Applicant's Seneca II-W mining plan. <br />4) Upon further study, it has been determined that no beneficial use will made of the claimed <br />water until mining has been completed at some time in the distant future. Applicant has therefore <br />determined that it would be inappropriate to claim a water right at this time. <br />Dated: December ~, 1991. <br />~J <br />Respectfully submitted <br />FRASCONA AND JOINER. P.C <br />~~ ~~ .. _ <br />Joseph Adams Cope, 7633 <br />Oak Bay Building <br />4750 Table Mesa Drive <br />Boulder, Colorado 80303-5575 <br />Telephone: (303) 494-3000 <br />MOTION TO WITHDRAW APPLICATION Case No. 91 CW 55 1 <br />