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<br />DISTRICT COURT, WATER DIVISION No. 7, <br />COLORADO. <br />Court Address: 1060 E. 2°a Ave., Durango, CO EFILED Document <br />81301 CO La Plata County District Court 6th JD <br />CONCERNING WATER RIGHTS OF t ftqqL4j39PM MDT <br />h <br />' <br />WILDCAT MINING, INC. IN THE LA :-N- A <br />Case No. (}6 91er <br />k <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 an <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 />General Findings <br />FINDINGS OF FACT <br />1. Applicant herein is Wildcat Mining Corp., 364:3 Baker St., San Diego, CA 92117, 85 8- <br />483-4808 (phone); 858-483,-4809 (fax); adarn@wildcatmininn?corn. (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 />are not within the boundaries of a Designated Groundwater Basin. <br />3. A timely statement of opposition was filed by t he La Plata Water Conservancy Distri.-,t <br />("District"), c% Brice F. Lee, President, 940 CR J 00, Hesperus, CO 81326, through its attorney <br />Janice C. Sheftel, Maynes, Bradford, Shipps and Sheftel, 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 ("CVJCB") 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 any