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<br />01CW89 <br />SENECA COAL <br />RULING/DECREE <br />Page 2 of 3 <br />conditionally on January 6, 1989 in Case No. 88CW89, in District <br />Court for Water Division No. 6 in the amount of 29.32 acre-feet for <br />non-potable uses at the Seneca II W coal mine of dust suppression, <br />equipment washing, reclamation and flood control, with a date of <br />appropriation October 1, 1983. <br />4. In Case No. 95CW13, 22.4 acre feet was decreed absolute and <br />the 6.92 acre foot remainder was continued conditional. Applicant <br />in this case is seeking to make the remaining conditional 6.92 acre <br />feet absolute. <br />5. The legal description for the point of diversion is: <br />NW 14 of the NW 1-4, Section 22, TSN, R88W, of the 6th P.M., 1050 <br />feet from the North line and 150 feet from the West line of <br />said Section. <br />6. The source of the water is: <br />Unnamed tributary to Hubberson Gulch, tributary to Dry Creek, <br />tributary to Yampa River. <br />7. The water was applied to beneficial use on: <br />December 31, 1999. <br />8. The amount of water awarded is: <br />6.92 acre-feet absolute. <br />9. The use of water is: <br />Non-potable uses at the Seneca II W coal mine of dust <br />suppression, equipment washing, reclamation and flood control. <br />10. 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 this Ruling shall be filed with <br />the Water Clerk subject to Judicial review. <br />It is further ORDERED that a copy of this Ruling shall be <br />filed with the appropriate Division Engineer and the State <br />Engineer.