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95CW13 (88CW89) <br />PEABODY WESTERN COAL CO. RULING/DECREE <br />PAGE 'T'HREE <br />12. The water was applied to beneficial use on: <br />December 31, 1993. <br />13. The amount of water awarded is: 22.4 acre feet, absolute. <br />14. The use of water is: Industrial. <br />15. Water shall not be impounded, except pursuant to the operation <br />of a lawful exchange, unless entitled to do so by virtue of the <br />priority herein awarded. At all other times, all inflow of water <br />into the reservoir from any source, including precipitation, shall <br />be removed by the applicant or the applicant's successors in <br />interest by draining, pumping or other means, and released into the <br />nearest natural watercourse or below the reservoir, and not <br />utilized by the applicant in any manner. Applicant shall install <br />and maintain such meters, measuring devices or other structures as <br />may be required by the Division Engineer of Water Division 6. <br />16. The water right herein awarded is awarded absolutely and <br />unconditionally; subject, however, to all earlier priority rights <br />of others and to the integration and tabulation by the Division <br />Engineer of such priorities and changes in accordance with law. <br />It is accordingly ORDERED that a copy of this Ruling shall be <br />filed with the Water Clerk subject to Judicial review. <br />It is further OR that a copy of this Ruling shall be <br />filed with the appropriate Division Engineer and the State <br />Engineer. <br />Dated r'vca =,ez " ??-Q- I ei <br />BY THE REFEREE <br />Daniel R%-s??Cn <br />Water Referee <br />Water Division No. 6 <br />State of Colorado