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~~ ~ - . <br />5. That it appears to the undersigned S+7ater Referee that <br />this applicatian_could have been entitled "PLAN POR AUGi~NTA.TION" <br />inasmuch as the Excelsior..Ir~igating Ditch Company had, and has, <br />certain surface water. rights which it diverts from the Arkansas <br />River. Obviously, water. from this source proved insufficient <br />and the company constructed the wells described.aerein sa as to <br />supplement, ar "A17GiYE1QT," the water derived from the surface <br />source. ~'urtheri had tae application been-so..entitled it would <br />nat have been assigned to a refe_ee (I48-21-23 ,{2) as amended}, <br />6 , That tYzere exists no .clear-cut clefiniti.on of what _ <br />constitutes. a °ELAN FOR AUG?~S:UITATION" except that an .application <br />be so entitled and, further, that this appiica.tion is not so <br />entitled. {148-21-8 {12) ). <br />IT I3, THEREFORE, ORDBRED AS FDLL04TS: That applicant {x} <br />be, and is (cast} herby, awarded certain absolute .- <br />underground water rights, to-wit: <br />NAME AND ADDRESS: <br />Sxcelaior Irrigating Coacpany, <br />a Colorado Co.~rata:on <br />c% G.C. Van Galder, President <br />Route 2, Box 231 <br />Pueblo, Colorado 81004 <br />Page 2-Ruling of Referee [$-651 <br />