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3. Remarks: Applicant is filing, concurrently herewith, an Application for <br />Changes of Water Right to change the location of storage of the subject conditional water right <br />and other absolute water rights to accord with the reconfiguration of on-site water storage <br />infrastructure. The two applications should be considered together. <br />4. Names(s) and address(es) of owner(s) or reputed owners of the land upon <br />which any new diversion or storage structure, or modification to any existing diversion or storage <br />structure is or will be constructed or upon which water is or will be stored, including any <br />modification to the existing storage pool: <br />Mountain Coal Company, LLC <br />P.O. Box 591 <br />5174 State Highway 133 <br />Somerset, CO 81434 <br />(Fresh Water Pond No. 2) <br />WHEREFORE, Applicant requests that the Court enter a finding of reasonable diligence <br />in the development of the conditional water right that is the subject of this application. <br />DATED this day of August, 2009. <br />CARLSON, HAMMOND & PADDOCK, L.L.C. <br />By: yam-."'? <br />Mary Me ammond, Reg. No. 9851 <br />Karl D. Ohlsen, Reg. No. 32497 <br />ATTORNEYS FOR MOUNTAIN COAL <br />COMPANY, L.L.C. <br />-5-