2011-03-14_REVISION - M1977493 (40)

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CM0001334 Findings of Fact, Conclusions of Law, Judgment and Decree Case Nos. 92CW233 and 92CW336 - Page 60 E is the volume of water delivered into Tenmile Creek from the Eagle River basin as calculated pursuant to paragraph 6.2.3 above; and A is the volume of water delivered into Tenmile Creek from the Arkansas River; and D is the depletion of Tenmile Creek for mining and milling purposes under Applicant's Tenmile Creek water rights. 6.3.2 Unless otherwise approved by the Colorado Water Conservation Board ("CWCB") pursuant to C.R.S. §37-92-102(4)(b), Applicant shall not deliver water attributable to its Tenmile Creek water rights to lessees in basins other than the Tenmile Creek basin if said deliveries would cause the flow of Tenmile Creek to drop below the CWCB's Tenmile Creek minimum stream flows decreed in Case No. 86CW209; provided, however, that this term and condition shall not constitute a subordination of Applicant's Tenmile Creek water rights to the CWCB's 86CW209 minimum stream flows, nor shall it be interpreted by State water administration officials as such. Nothing in this decree constitutes a waiver of any right of the CWCB to enter statements of opposition to applications for plans of augmentation that seek to use water from the Subject Water Rights as a source of substitute supply, provided that the determinations made in this decree regarding the quantification of the Subject Water Rights shall be binding and not subject to collateral attack. 6.3.3 Applicant shall provide the Objectors and the Division Engineer for Water division No. 5 with notice of all leases of water under the Subject Water Rights. Copies of proposed water accounting forms pertaining to the lease shall accompany the notice. The Objectors shall then have thirty (30) days to provide State Water Officials with comments . regarding the proposed water accounting forms. Water shall not be delivered to the lessee until 56642. WPD:5