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Lands in accordance with Colorado law, as well as to use the Subject Lands in all ways that may <br />be "reasonably necessary or helpful" (see Exhibit A If 3) in the efficient operation of Western <br />Fuels- Colorado's activities under the Mining Permit. <br />43. Further, pursuant to C.R.C.P. 57 and other law, this Court should enter a <br />declaratory judgment that, as agreed in the Mining Lease, defendant shall not interfere with <br />Western Fuels- Colorado's use of water on the Subject Lands and that the use of water rights on <br />the Subject Lands, including but not limited to NPDES Pond 007, the Furry Ditch, and the <br />Meander Ditch, through the term of the lease, must be subordinated to Western Fuels - Colorado's <br />use of water associated with mining, reclamation, and other activities related to Western Fuels - <br />Colorado' s operations. <br />SECOND CAUSE OF ACTION <br />(Permanent Injunction — C.R.C.P. 65) <br />44. Plaintiff incorporates and re- alleges all of the allegations set forth in paragraphs 1 <br />through 43 above. <br />45. C.R.C.P. 65 authorizes this Court, following notice and a hearing, to issue <br />injunctive relief. This injunction may be made mandatory and permanent if a party has been <br />ousted from Subject Lands or deprived of the use of Subject Lands through words or actions <br />inconsistent with the legal rights of the parties. C.R.C.P. 65(0. <br />46. This Court should enter and issue a permanent mandatory injunction directing the <br />defendant to permit Western Fuels- Colorado and its contractors and agents to enter, access and <br />use the Subject Lands for purposes of completing the activities ordered in the Mining Permit, and <br />specifically Exhibits J and L, or other activities as DRMS may require from time to time, upon or <br />involving the Subject Lands. <br />47. Pursuant to C.R.C.P. 65, this Court should enter and issue a permanent mandatory <br />injunction directing the defendant to abandon its prosecution of the application in Case <br />No. 12CW16 (Pond 007). <br />48. Further, pursuant to C.R.C.P. 65, this Court should enter and issue a permanent <br />mandatory injunction prohibiting use of defendant's water rights, including but not limited to the <br />Furry Ditch and the Meander Ditch, except as may be consistent with the Mining Lease and <br />Mining Permit. <br />Western Fuels - Colorado Will Succeed on the Merits <br />49. Western Fuels- Colorado has a reasonable probability of success on the merits. As <br />discussed above, Western Fuels- Colorado and its agents or contractors have the right to conduct <br />mining activities, including but not limited to uninterrupted use of water or water rights, upon the <br />Subject Lands. This right to conduct mining operations includes the right to conduct reclamation <br />as ordered by DRMS and as required by Colorado statute. <br />{00105064 1 1 8 <br />