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Attachment A. Technical Revision to the May Da Mine Permit September 12, 2009. 8 of 19 <br /> <br />i <br />DISTRICT COURT, WATER DIVISION No. 7, <br />COLORADO. <br />Court Address: 1060 E. tad Ave., Durango, CO EFILED Document <br />81301 CO La Plata County District Court 6th JD <br />CONCERNING WATER RIGHTS OF 6FiitRS" '9PM MDT . <br />WILDCAT MINING, INC. IN THE LA Case No. 0fiQ0jerk: N/A <br />PLATA RIVER WATERSHED IN LA PLATA <br />COUNTY. <br /> Div: Ctrm: <br />FINDINGS OF FACT CONCLUSIONS OF LAW JUDGMENT AND DECREE <br />THIS MATTER came before the Court on the application of Wildcat Mining, Inc., for a new <br />surface water right, storage rights, and approval of a plan for augmentation for water rights on <br />the La Plata River, in Water Division 7. The Court, having considered the pleadings, and the <br />stipulation of the parties, hereby enters the following Findings of Fact, Conclusions of Law, <br />Judgment and Decree. <br />FINDINGS OF FACT <br />General Findings <br />1. Applicant herein is Wildcat Mining Corp., 364:3 Baker St., San Diego, CA 92117, 8f 8- <br />4834808 (phone); 858-4834809 (fax); adam@wildcatminin&coni (email). <br />2. The application in this case was filed on November-30,2006. Timely and adequate <br />notice of the application was given as required by law, and the Court has jurisdiction over the <br />subject matter of this proceeding and over all persons and property affected hereby, whether <br />those persons or owners of property have appeared or not. The lands and waters affected hereby <br />arc not within the boundaries of a Designated Groundwater Basin. <br />3. A timely statement of opposition was filed by the La Plata Water Conservancy Distri,-,t <br />("District"), c% Brice F. Lee, President, 940 CR 100, Hesperus, CO 81326, through its atiorrey <br />Janice C. Sheftel, Maynes, Bradford, Shipps and Shefl.el, LLP, P.O. Box 2717, Durango, CO <br />81301. <br />4. Applicant has entered into a stipulation with the District, such stipulation incorporating <br />the terms and conditions herein to prevent injury to the, District's water rights. <br />5. The Colorado Water Conservation Board ("CVVCB") holds a minimum instream flow <br />water right on the La Plata River, approved in Water Division 7, Case No. 84CW270. CWCB did <br />not file a statement of opposition herein, based on an agreement with the Applicant that certain <br />conditions protecting CWCB's instream flow right on the La Plata River would be added to :uiy <br />• 1