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4. Description of ditch, pump, or pipeline: <br /> Settling pond located on tributary of Tuttle Draw <br /> 5. Source of water (River and tributary) : Tributary of Tuttle <br /> Draw - a tributary of the San Miguel River, Dolores Drainage <br /> System. <br /> 6. A. Date of initiation of the appropriation: 6/l/63 <br /> B. Date water first applied to beneficial use: 6/l/63 <br /> C. How appropriation was initiated: Construction of <br /> Settling Pond - pumped to water haulage truck for dis- <br /> tribution. <br /> 7. Amount of water claimed by diversion in cubic feet per <br /> second of time (Indicate whether conditional or absolute) : <br /> A. Portion absolute: cfs B. Portion conditional: <br /> 0.5 cfs <br /> 8. Use or proposed use of the water: Fugitive dust control <br /> and wildlife water purposes <br /> 9. In case of an irrigation priority, the number of acres <br /> being irrigated: N/A ; the number of acres historically <br /> irrigated: N/A and the number of acres proposed to <br /> be irrigated N/A by the decree sought. <br /> 10. Remarks: water will be beneficially and consumptively <br /> used and is necessary to comply with existing federal <br /> and state Fugitive Dust Control requirements <br /> Signature of applig,26ft or <br /> attorney for applicant <br /> Peabody Coal Company <br /> 12075 East 45th Avenue <br /> Denver. Colorado 802.39_ <br /> (303) 371-7990 <br /> Name, address and telephone <br /> number of a-Lorney for applicant. <br /> -2- <br />