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95CW13 <br />PEABODY WESTERN COAL CO. RULING/DECREE <br />PAGE TWO <br />5. On January 6, 1989, in Case No. 88CW89, District Court in and <br />for Water Division 6, a conditional water storage right was decreed <br />for Peabody Seneca Mine Pond 006 for 29.32 acre feet of water, for <br />non-potable uses at the Seneca II W Coal Mine, including dust <br />suppression, equipment washing, reclamation and flood control. The <br />Applicant in that Case was directed to file an Application for <br />Finding of Reasonable Diligence in the development of this <br />conditional water right in January 1995, to maintain the <br />conditional water right in full force and effect. <br />6. On January 17, 1995, as directed by the Court in the Ruling and <br />Decree of the Water Court, the Applicant filed an Application for <br />Finding of Reasonable Diligence in the development of a portion of <br />this conditional water right and to make absolute a portion of this <br />conditional water right. <br />7. In support of this Application, the Applicant has constructed <br />the pond and the water stored therein has been beneficially used <br />and continues to be used for industrial purposes, including <br />evaporation. The amount water used beneficially is 22.4 acre feet. <br />8.. The Referee finds that the Applicant has shown reasonable <br />diligence in the development of a portion of the proposed <br />appropriation and therefore concludes that the Application should <br />be granted, and the conditional water right for 6.92 acre feet be <br />continued in full force and effect, and an absolute water right for <br />22.4 acre feet be granted. <br />9. The remaining conditional water right of 6.92 acre-feet is <br />continu g as conditional in full force and effect until the last <br />day of /2.x-4-? .?LG c° -z- , 2001. If Applicant desires to maintain <br />such conditional decree, an application for a finding of reasonable <br />diligence shall be filed on or before last day of <br />2001, or a showing made on or before such date that the conditional <br />water right has become an absolute water right by reason of the <br />completion of the appropriation. <br />10. The date of appropriation is: <br />October 1, 1983. <br />11. The appropriation was initiated by: <br />Industrial use.