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Western Fuels-Colorado, LLC <br />Case No O1 CW 114 <br />Page '7 <br />13, The Court concludes that Western Fuels has satisfied the standazd of C R.S.. § 37-92- <br />305(9}(b) by demonstrating that the water claimed in the application can and will be <br />diverted, stored or otherwise captuzed, possessed and controlled; that said water can and <br />will be beneficially used; and that the subject conditional water rights can and will be <br />completed with diligence and within a reasonable time., <br />14. For purposes of future diligence deterrninations, the subject conditional water rights for <br />New Horizon Mine Pond Nos., 008-015, inclusive, shall be governed by the standard set <br />forth in C.R,.S. § .37-92-301{4)(b); work on any pant of the integzated water supply system <br />for the New Hozizon Mine, which includes the subject conditional water rights decreed <br />herein together with the water rights decreed in Case Nos, 88CW055 and 94CW074, <br />shall be considered as evidence of reasonable diligence toward completion of the subject <br />conditional appropriations.. <br />JUDGMENT AND DECREE <br />15. 1?,ach of'the Findings of•Fact and Conclusions of Law contained in paragraphs 1 through <br />14 above is incorporated by reference as if' fully set forth herein and is hereby modified to <br />the extent necessary to make it part of this judgment and decree. <br />16. The conditional water storage rights for New Hozizon Mine Pond Nos. 008, 009, 010, <br />011, 012, 013, 014 and 015 are hereby decreed in the amounts and for the uses set forth <br />in paragraph 5 above, all with an appropriation date of•.lune I5, 2001., <br />17 The priority conditionally decreed herein to New Horizon Mine Pond Nos., 00$ through <br />015, inclusive, is based on the appropriation date confirmed herein and on the filing of <br />the application in this case in calendar year 2001.. Said priority shall be administered as <br />having been filed in calendar year 2001, and shall be ,junior to all water rights granted <br />pursuant to applications filed in previous years. As between all water rights applied for <br />in the same calendar year, priorities shall be detezrnined by historical dates of <br />appropriation and shall not be affected by the date of application or the date of entry of <br />Ealing or decree.. <br />