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~~ <br />DISTRICT COURT, WATER DIVISION NO <br />,-,~- <br />Case No. 90 CW~ (W-1502-78) <br /> <br />6, STATE OF COLORADO AUG 1 ~ ":; <br />APPLICATION FOR APPROVAL OF AMENDMENT TO PLAN FOR AUGMENTATION <br />INCLUDING EXCHANGE <br />WATER D~`' 6 <br />STATE OF COL <br />IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF <br />CYPRUS WESTERN COAL COMPANY AUG - 8~g90 <br />IN THE YAMPA RIVER <br />TRIBUTARIES INVOLVED: <br />TROUT CREEK, FISH CREEK, MIDDLE CREEK, FOIDEL CREEK .,,':[;.. ~_._ <br />IN ROUTT COUNTY, COLORADO <br />Applicant Cyprus Western Coal Company, through its attorneys <br />Holland & Hart, respectfu~iy suh±r~its this application for <br />approval of an amendment to plan for augmentation including <br />exchange. This application requests an amendment to the plan for <br />augmentation approved by this Court on July 10, 1981 in Case <br />No. W-1502-78. This amendment does not alter, amend, or affect <br />in any manner whatsoever the terms and conditions of operation in <br />the previously approved plan for augmentation. The limited <br />purpose of this amendment is to include additional water rights <br />as structures to be augmented and as water rights to be used for <br />augmentation, and to clarify that releases of stored water can be <br />used to compensate for depletions caused by out-of-priority <br />diversions from the subject water rights. <br />1. Name, Address and Telephone Number of Applicant: <br />`Cyprus Western Coal Company <br />- 29587 Routt County Road #27 <br />_ Oak Creek, Colorado 80467 <br />Attention: Mr. Ronald W. Stucki <br />(303) 879-3800 <br />Cyprus Western Coal Company is the successor in interest to both <br />Getty Minerals Marketing, Inc. and Energy Fuels .Corporation with <br />respect to the water rights which are the subject of this <br />application and those which are the subject of the decree in Case <br />No. W-1502-78. <br />2. Additional Structures to be Auomented: <br />The following water rights and sources of water will be <br />added to the list of structures to be augmented which are <br />described as "Underground Rights" on page 4 of Exhibit A to the <br />Findings of Fact, Conclusions of Law and Decree date J ~10°,~ <br />yyY ~. o <br />