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

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Granted The moving party is hereby ORDERED to provide a copy of this Order to any pro se parties who have entered an appearance in this action within 10 days from the date of this order. 1876 James B. Boyd District Court Judge CO Garfield County District Court 9th JD i m Date: Nov T DISTRICT COURT, WATER DIVISION 5, COLORADO g Filing 1D: 40743484 109 8th Street, Suite 104 Review Clerk: Kathy Hall Glenwood Springs, Colorado 81601 (970) 945 -5075 CONCERNING THE WATER APPLICATION OF: CAM - COLORADO, LLC A COURT USE ONLY A Case No. 2009CW 166 In Mesa County, Colorado FINDINGS OF FACT, CONCLUSIONS OF LAW, RULING OF THE REFEREE AND DECREE OF THE WATER COURT The original application in this Case was filed on November 19, 2009 by Tavistock ) Partners, LLC ( "Tavistock" . On August 20, 2010, Tavistock conveyed to CAM - Colorado LLC ("CAM" or "Applicant') an interest in the Subject Water Rights, with the understanding that CAM would be responsible for prosecuting the application herein. By Order of the Court dated September 27, 2010: (1) CAM was substituted as the applicant herein in place of Tavistock; (2) legal counsel for CAM was substituted in place of legal counsel for Tavistock; and (3) the application herein was amended to clarify the uses of the water rights that are the subject of this application and to correct the legal description of the diversion point for Tavistock Diversion No. 2. The original application and the amendment thereto are referred collectively in this Decree as the "Application." The Application was referred to the Water Referee for Water Division 5, State of Colorado, by the Water Judge of this Court in accordance with C.R.S. § 37 -92 -101, et seq., known as the Water Right Determination and Administration Act of 1969. The undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the Application are true, and having been fully advised of the subject matter of the Application, does hereby make the following determination and Ruling as the Referee in this matter: FINDINGS OF FACT 1. Verification of Statements in Ai nlication. The statements in the Application are true, except as may be otherwise stated herein. 2. Name and Address of Applicant. CAM - Colorado LLC, c% Corey Heaps, 2352 N. 7th Street, Unit B, Grand Junction, Colorado 81501. CAM and its parent company, Rhino Energy LLC, are engaged in coal mining in Central and Northern Appalachia, the Illinois Basin and the western United States, including western Colorado.