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<br />, , <br /> <br />. <br /> <br />3 <br /> <br />BACKGROUND: <br /> <br />Over a period of seventy years, the Climax Mine (AMAX <br /> <br /> <br />Corp.) has mined and milled molybdenum atop Fremont Pass, <br /> <br /> <br />headwaters of the Eagle River, Arkansas River, and Tenmile <br /> <br /> <br />Creek. Peak productionoccur~ed in the years 1976 through <br /> <br /> <br />1981 (Wheeler, 1992) . Water ~ights owned by AMAX date from <br /> <br /> <br />1873 to 1951 and includes a t~ansbasin dive~sion from the <br /> <br />east slope to the west slope of the continental divide (See <br /> <br /> <br />Appendix 1). Reductions in demand for molybdenum caused AMAX <br /> <br /> <br />to approach the Summit and Gr~nd county government, and <br /> <br /> <br />others for potential purchase of water righCs associated with <br /> <br /> <br />the Clinton Reservoir, a flood control facility located on <br /> <br /> <br />Tenmile Creek. Summit County entities examined acquisition, <br /> <br /> <br />but without use of DWB facilities, the firm yield was zero. <br /> <br /> <br />In an attempt to utilize the reservoir, Summit County and <br /> <br /> <br />Climax approached the DWB (G. Porzak, personal communication, <br /> <br /> <br />May 1993). After analysis, DWB determined that potential' for <br /> <br /> <br />obtaining wet-water for their system was minimal. The gaging <br /> <br /> <br />uncertainties in the Dillon system are greater than potenCial <br /> <br /> <br />toCal yield from Clinton (4,250 AF capacity, 1200 AF reliable <br /> <br />". <br />yield"-see figure 3) and asking price per acre-fooC (AF) <br /> <br /> <br />relatively high. It was suggested that the reservoir be <br /> <br /> <br />pu~chased and allow the. west slope entities to use key DWB <br /> <br /> <br />facilities. In addition, Grand County was invited to <br /> <br /> <br />participate, also using DWB facilities. On July 31, 1992, <br /> <br /> <br />these parties and others signed the Clinton Reservoir-Fraser <br /> <br /> <br />River Water Agreement (Clinton Agreement), ensuring water <br />