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I <br /> <br />WATER COURT, WATER DIVISION NO. 6, STATE OF COLORADOOC7 I ?15y? <br />Case No. 95CW13 (88CW89) <br />REFEREE'S RULING - DUE DILIGENCE AND ABSOLUTE WATER RIGHT (STORAGE) <br />IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF: <br />PEABODY WESTERN COAL COMPANY <br />IN ROUTT COUNTY, STATE OF COLORADO <br />The above captioned Application was filed on January 27, 1995, <br />and was referred to the Water Referee in accordance with C.R.S. 37- <br />92-101, et seq. On April 14, 1995, the Division Engineer filed a <br />Summary of Consultation recommending approval of the Application. <br />No Statement of Opposition to the Application has been filed <br />and the time for filing such statement has expired. <br />The Water Referee has made such investigations as are <br />necessary to determine whether or not the statements in the <br />Application are true and has become fully advised with respect to <br />the subject matter of the Application. <br />IT IS HEREBY THE RULING OF THE WATER REFEREE: <br />1. The name and address of the Applicant are: <br />Peabody Western Coal Company <br />1300 South Yale Street <br />Flagstaff, AZ 86001 <br />2. <br />3. <br />4. <br />The name of the structure is: <br />Peabody Seneca Mine Pond 006. <br />Attorney: Joseph Cope <br />4750 Table Mesa Drive <br />Boulder, CO 80303-5575 <br />The legal description of the structure is: <br />The center of the dam embankment is located in the NW 1/4 of <br />the NW 1/4 of Section 22, Township 5 North, Range 88 West of <br />the 6th P.M., at a point 1050 feet South of the North line and <br />150 feet East of the West line of said Section. <br />The source of the water for the structure is: <br />Unnamed tributary of Hubberson Gulch, tributary to Dry Creek <br />and the Yampa River. <br />// -1 -- V-s