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DISTRICT COURT, WATER DIVISION 5, <br />STATE OF COLORADO <br />Court Address: <br />109 84 St Ste 104 <br />CONCERNDTO THE APPLICATION FOR 'WATER <br />RIGHTS OF CENTRAL A.PPAI.ACHIA MINING L.L.C. <br />AND CRSS, INC. <br />40�� <br />abt \ I <br />Use Only A <br />IN MESA COUNTY 1Case No, 02CW92 <br />D- UY..YNG OFTIXE WATIERREFEREE AN,DFINDINGS OF FACT, CONCLUSIONS OP LAW <br />JUDGMENT AND DECREE OF THE 'WATER COURT <br />THIS MATTER came before the Court on the application to for finding of reasonable diligence for <br />the conditional water rightadjudicated to the Mack PumpingPipeline_ The Court, havingeonsidered <br />the pleadings, evidence and argumeuts presented and the stipulations of the parties, and being fully <br />advised in the premises, hereby finds, concludes, adjudges and decrees as follows. <br />PTNWNGS OF FACT <br />1, Name ar7rlr=snd tetenbogenamberefAoulicmts: 'IheappiicantisCenwalAppalachia <br />;kli ning L.L.C. ( "CAKT T %Those address is P.O. Box 1169, Lexington. k Y 41502, (606) 432 - <br />3900. By this Court's August 21, 2003, order, CAM was substituted as the,applicant inplace <br />of L6destar Energy, Inc. CAM succeeded to all of Lodestar's right. title and interest in the <br />Mack Pumping Pipeline by deed, dated May 19,200-3. The deed was filed with this Court <br />on August 21, 2003, with CAM's Notice of Transfer of Conditional Water Right. The <br />caption to the application nominally idzriti fits CRSS, Tnc, as an applicant-, but the application <br />states that CRSS, Inc. no longer rerains minterest in the Muck Pumping Pipeline_ The Court <br />Finds than CAMis the only applicant having an interest in the ownership and use Qf the Mack <br />Pumping Pipeline. <br />2.' , Notice and juk isdiction_ The application herein was timely filed on April 22, 2002. All <br />notices of the application were given in the rnanner required by law and the Court has <br />jurisdiction over the subject matter of this proceeding and over all persons and property <br />affected hereby, regardless of whether those persons or owners of property have appeared. <br />The water and lands which are the subject of this decree are not located in a designated <br />groundwater basin. A timely statertierit of opposition was filed by the Grand Junction <br />