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WATER COURT, WATER DIVISION NO. 6, STATE OF COLORADO <br />Case No. 96CW18 (89CW62) <br />REFEREE'S RULING - UNDERGROUND (ABSOLUTE FROM CONDITIONAL DECREE) <br />IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF: <br />SENECA COAL COMPANY <br />IN ROUTT COUNTY, STATE OF COLORADO <br />The above captioned Application was filed on February 26, <br />1996, and was referred to the Water Referee in accordance with <br />C.R.S. 37-92-101, et seq. On May 15, 1996, the Division Engineer <br />submitted a Summary of Consultation. The Division Engineer has <br />recommended 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 Referee has made such investigations as are necessary to <br />determine whether the statements in the Application are true and <br />has become fully advised with respect to the subject matter of the <br />Application. <br />IT IS HEREBY THE RULING OF THE WATER REFEREE: <br />1. The name and address of the Applicant are: <br />Seneca Coal Company <br />Drawer D <br />Hayden, CO 81639 <br />2. The name of the structure is: <br />Peabody Seneca II-W Well No. 1. <br />3. Peabody Seneca II-Well No. 1 was decreed conditionally on <br />March 8, 1990 in Case No. 89CW62, in District Court for Water <br />Division No. 6. <br />4. The legal description for the point of diversion is: <br />SW 1/4 NW 1/4 of Section 22 Township 5 North, Range 88 West of <br />the 6th P.M. at a point 1720 feet from the North Section line <br />and 550 feet from the West Section line of said section. <br />//-/-4/9