2012-03-07_PERMIT FILE - C2010088A (20)

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Central Appalachia Mining L.L.C, ei at. 02CW92 Page S decreed purposes. The Court finds that the efforts,. activities and expenditures of CEt_kt C12SS, L,;c. or their predecessors in interest to the Mines and associated lands, facilities and water rights during the diligence period demonstrate the steady and. application of effort to place ISO cSs. of the conditional water right adjudicated to the Mack PuatplAs Pipeline to beneficial use forits decreed purposes in an expedient and. efficient manner. The Court finds that the outer 150 c.f_ al s. of the condition water right should be: cancelled, provided that the cancellation oft SO c.f s. ofthe conditional waterright shall not inchbde any part of the conditional water right owned by CAM or which CAM has the right to use, up to an amount of 150 c.f-CL s. Continuing plan and inten #: The Court finds that CAM leas the intent to, and can and will, apply 150 c.fs, ofthe conditional water right adjudicated ro the Mack pumping Pipeline to beneficial use with diligence and within a reasonable time. 9. 1ntee=ted 5vst!tm: "Me water system for the Minest-sncluding the-Mack pumping Pipelinc and the conditional water right adjudicated thereto, aW attendant diversion, distribution, delivery, collection and treatment systems ecmprise an integrated water supply system. Efforts, activities and expenditures on the components of the Mines' water system may be considered evidence ofdiligeuce on the Mach Pumping Pipeline_ bNCL'U,SIONS OF LAW 10. fIlcomoratiort of liYiddina s of Fact: The foregoing Findings of Pact arc incorporated herein to the intent they tray constitute conclusions of lave. I1. Diotice and Jura fiction: The Court has jurisdiction over the subject matter of this proceeding and over all persons and property affected hereby, regardless of whether those persons or owners of property have appeared 12. Ileotsn9tration Qf Ujligence: CAM has demonstrated reasonable diligence toward piecing I50 e.Ls. of the 300 c.f s. conditional wgtcrright adjudicated to the M=k Pumping Pipeline to beneficial use for its decreed purposes in an expedient and efficient manner. The other 150 c, f s. of the 300 cS s. conditional water right adjudicated to the Mack Pumping Pipeline is cancelled. The part ofthe conditional water right cancelled hereby shall not include any patt of the conditional water right owned by CAM or which CAM has the right to use, up to an amount of 150 a.fs. 13. Caatinuine Intent Sad Ability: CAM has the continuing intention to, and can and will, apply 150 c.fs. of the conditional water right adjudicated to the Mack Pumping Pipeline to beneficial use with diligence and within a reasonable time- X Ud+,.J, u.;v A x i 6 -,J ar.� kw-iJ%n$r -"v ems} /f.. t- - VJ,13,V Afff