2011-08-09_REVISION - M1981185 (56)

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DISTRICT COURT, WATER DIVISION No. 7, COLORADO. Court Address: 1060 E. 2nd Ave., Durango, CO 81301 EFILED Document CO La Plata County District Court 6th JD I to L 39PM MDT gm:, d �'' CONCERNING WATER RIGHTS OF WILDCAT MINING, INC. IN THE LA PLATA RIVER WATERSHED IN LA PLATA COUNTY. Case No. OIGt(w,iGQ�erk: N/A Div: Ctrm: FINDINGS OF FACT, CONCLUSIONS OF L.AW, JUDGMENT AND DECREE Attachment A, Technical Revision to the May Day Mine Permit, September 12, 2009. General Findings FINDINGS OF FACT 1 • THIS MATTER came before the Court on the application of Wildcat Mining, Inc., for a new surface water right, storage rights, and approval of a plan for augmentation for water rights on the La Plata River, in Water Division 7. The Court, having considered the pleadings, and the stipulation of the parties, hereby enters the following Findings of Fact, Conclusions of Law, Judgment and Decree. 1. Applicant herein is Wildcat Mining Corp., 364:3 Baker St., San Diego, CA 92117, 858- 483-4808 (phone); 858-483-4809 (fax); adam @wildcatmining.corn (email). 2. The application in this case was filed on November 30, 2006. Timely and adequate notice of the application was given as required by law, and the Court has jurisdiction over the subject matter of this proceeding and over all persons and property affected hereby, whether those persons or owners of property have appeared or not. The lands and waters affected hereby are not within the boundaries of a Designated Groundwater Basin. 3. A timely statement of opposition was filed by the La Plata Water Conservancy District ( "District "), clo Brice F. Lee, President, 940 CR 300, Hesperus, CO 81326, through its attorney Janice C. Sheftel, Maynes, Bradford, Shipps and Sheflel, LLP, P.O. Box 2717, Durango, CO 81301. 4. Applicant has entered into a stipulation with the District, such stipulation incorporating the terms and conditions herein to prevent injury to the District's water rights. 5. The Colorado Water Conservation Board ("CWCB ") holds a minimum instream flow water right on the La Plata River, approved in Water Division 7, Case No. 84CW270. CWCB did not file a statement of opposition herein, based on an agreement with the Applicant that certain conditions protecting CWCB's instream flow right on the La Plata River would be added to any 8 of 19