Laserfiche WebLink
CM0001333 <br />Findings of Fact, Conclusions of Law, Judgment and Decree <br />Case Nos. 92CW233 and 92CW336 - Page 59 <br />6.3 Terms and Conditions Regarding the Lease or Sale of Consumptive Use Water <br />From the Subject Water Rights. In addition to the terms and conditions contained above in <br />sections 6.1 and 6.2, Applicant's right to lease or sell water under the Subject Water Rights shall <br />be limited as follows: <br />6.3.1 Applicant may lease on a long-term or short-term basis consumptive use <br />credit associated with the Subject Water Rights; provided, however, that the total, combined <br />depletions attributable to mining, milling, reclamation, and other operations at the Climax Mine <br />("Climax Mine depletions') and the amount of consumptive use credits delivered to lessees shall <br />not exceed: a five-year running average of 4,418 acre feet per year from Applicant's Tenmile <br />Creek water rights and 243 acre feet per year from Applicant's Eagle River water rights; and a <br />single year depletion limitation of 5,463 acre feet per year from Applicant's Tenmile Creek water <br />rights and 398 acre feet per year from Applicants Eagle River water rights. Furthermore, the <br />volume of water available for lease shall not exceed the amount of water physically available for <br />diversion at the originally decreed points of diversion for the Subject Water Rights. For <br />Applicant's Tenmile Creek water rights, said amount shall be calculated as follows: <br />S = (0.814xV) + E + A - D <br />WHERE: <br />S is the volume of water available for lease; and <br />V is the virgin flow at the Climax Mine Property Line <br />Flume on Tenmile Creek. Said virgin flow equals <br />measured flows at the Climax Mine Property Line <br />Flume, plus depletions to Tenmile Creek under <br />Applicant's Tenmile Creek water rights, minus <br />deliveries of water into Tenmile Creek from the <br />Arkansas and Eagle River basins; and <br />• <br />56642. WPD:5