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Attachment A, Technical Revision to the May Day Mine Permit September 12, 2008. 8 of 19
<br />DISTRICT COURT, WATER DIVISION Igo, 7,
<br />COLORADO.
<br />Court Address: 1060 E. 2n Ave„ Durango, CO
<br />ErtLED Document
<br />W01
<br />Co La Plata County District Court dth JD
<br />t �� 39P14 MDT .
<br />Er 4 KIA
<br />CONCERNING WA. M' R RIGHTS O><
<br />Case 1�I OIfi,
<br />WILDCAT MIIVMNG, IN C. IN THE LA
<br />PLATA RIVER WATERSHE D XN LA, .PLATA
<br />COUNTY.
<br />Div- Cttm.
<br />FINDINGS Or FACT CONCLUSIONS OF LAW, JU.GGMCNT AND DECREE
<br />TFIIS 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 considared the pleadings, and (lie
<br />stipulation of the parties, hereby enters the following Findings of Fact, Conclusions of Law,
<br />Judgment and Decree,
<br />General Findings
<br />FINDINGS OF F ACT
<br />I. Applicant herein is Wildcat Mining Corp,, 3643 Balser St., San Diego, CA 92117, 8'8-
<br />483 -4808 (phone), 5,58- 483 -4809 (fax), adant@ivjldcatminJn,&,,.corn (crnail).
<br />2. The Application in this case was filed on Novernber 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 properly have appeared or -not, The Iands and waters affected hereby
<br />arc not within the boundaries of n Designated Groundwater Basin,
<br />3. A timely statement of opposition was tiled by the La Plata Wttter Conservancy Distri
<br />( "District'), c% Brlce.F. Lee, President, 940'CR 100, Hesperus, CO 81326, through its attorrcy
<br />Janice, C. Sheftol, May.nes, 13Tadford, Shipps and Sheflel, 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 th,> 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, bused on an agreement with the Applicant that cerinin
<br />conditions protecting CWC`s instrcam flow right on the L
<br />B a Plata River would be added to .my
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