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Westexn Fuels-Colorado, LLC <br />Case No.. O 1 CW 114 <br />Page 6 <br />that reasonable diligence has been shown in the development of water nights for all <br />features of that integrated system, including but not limited to the subject conditional <br />water nights fbz New Horizon Mine Pond Nos. 008 through 015, inclusive <br />7.. New Horizon Mine Pond Nos. 008 and 009 have already been constructed by Western. <br />Fuels, Based on the executed mining leases between Western Fuels and the owners of <br />land on which the subject reservoirs have been or will be constructed, proof of which <br />leases has been submitted to the Court, the Referee finds that Western Fuels has the right <br />to construct New Horizon Mine Pond Nos. 008 through 015, inclusive, at the locations <br />described in paragraph S.B.. al•~ove <br />8.. The evidence indicates and the Referee fords that Westexn Fuels has demonstrated a <br />specific plan and intent to divert and otherwise capture, possess and control water in the <br />amounts set forth in paxagr~aph S.B.. above, and that such watex• can and will be <br />beneficially used for irrigation, stockwatering and mining uses in and around the New <br />Horizon Mine as described in paragraph S.F. above. The Referee further finds that water <br />is available for appropriation of the subject conditional water storage nights for New <br />Horizon Mine Pond Nos.. 008 through 015, inclusive, and that Westexn Fuels can and will <br />complete the appropriation of those conditional water rights with diligence and within a <br />x•easonable time.. <br />CONCLUSIONS OF LAW <br />9. The application in this case was filed with the Water Clerk in accordance with C.R.S.. <br />§ 37-92-302(1)(a), Timely and adequate notice of the application was given in the <br />mannex• required by C.R..S . § 37-•92.-302(.3), and this Court has jurisdiction over all <br />persons or entities affected hereby, whether they have appeared or not in this proceeding., <br />10., The application herein is one contemplated by law, and this Court has exclusive <br />,jurisdiction oven the subject matter of this proceeding. C.R.S. §§ 37-92-203 and .37-92.- <br />302 <br />11 the time for filing statements of opposition and motions to intervene has expix•ed as a <br />matter of~law., C.R.S.. §§ 37-92-.302.(1)(c) and 37-92-.304(.3}.. <br />12.. Westexn Fuels has complied with and satisfied all legal requirements, standards and <br />burdens of proof that apply to the subject application, and is therefore entitled to entry of <br />this decree as a matter of law., <br />