2012-07-17_GENERAL DOCUMENTS - C1981008

Home Browse Search

Subject Lands and that the use of water rights on the Subject Lands, including but not limited to NPDES Pond 007, the Furry Ditch, and the Meander Ditch, through the term of the lease, must be subordinated to Western Fuels- Colorado's use of water associated with mining, reclamation, and other activities related to Western Fuels- Colorado's operations; (c) Pursuant to C.R.C.P. 65, enter and issue a permanent mandatory injunction directing the defendant to not further discourage, interfere with, hinder or prevent Western Fuels - Colorado and its contractors and agents from entering, accessing and using the Subject Lands for purposes authorized by the Mining Lease, including conducting reclamation activities required by law; (d) Pursuant to C.R.C.P. 65, enter and issue a permanent mandatory injunction directing the defendant to abandon its prosecution of the application in Case No. 12CW16 (Pond 007); (e) Pursuant to C.R.C.P. 65, enter and issue a permanent mandatory injunction prohibiting use of defendant's water rights, including but not limited to the Furry Ditch and the Meander Ditch, except as may be consistent with the Mining Lease and Mining Permit; (f) As part of the final judgment, enter an award of costs and, if permitted by law, an award of attorney fees pursuant to court rule and other law in favor of the plaintiff and against the defendant; and (g) and proper. Christopher Kamper ( #24629) Stewart McNab (#14667) Attorneys for Defendant Original on file pursuant to C.R.C.P. Rule 121, Section 1 -26(7) and (8) Plaintiff's Address: Western Fuels- Colorado 1100 W. 116`" Avenue Westminster, CO 80234 00105064.1 Enter such other and further relief in favor of the plaintiff as this Court deems just Respectfully submitted June 19, 2012. 10 CARVER SCHWARZ McNAB & BAILEY, LLC Duly executed original on file