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CM0001335 <br />Findings of Fact, Conclusions of Law, Judgment and Decree <br />Case Nos. 92CW233 and 92CW336 - Page 61 <br />is <br />the end of the thirty (30) day period. All leases by the Applicant of consumptive use credit from <br />the Subject Water Rights shall expressly state that deliveries to the lessee shall be limited to <br />ensure that the depletion limitations contained in paragraph 6.3.1 will not be exceeded by the <br />total, combined amount of Climax Mine depletions and the consumptive use credits to be <br />delivered to the lessee. All such leases shall also expressly state that they are subject to the terms <br />and conditions set forth in this Decree. <br />6.3.4 Actual diversion or beneficial use of water leased to other water users shall <br />be conducted with notice and approval by the Division Engineer for Water Division No. 5 under <br />a substitute supply plan pursuant to C.R.S. § 37-80-120, or pursuant to a court decreed plan for <br />augmentation, substitution, or exchange. <br />6.3.5 The provisions of this section 6.3 shall govern any of the Subject Water <br />Rights sold by Applicant for permanent transfer from the Climax Mine. If such transfer would <br />result in a change in point of diversion or place of use, an appropriate application permitting such <br />change shall be filed with the Water Court. The terms and conditions entered in a decree in such <br />proceeding shall be no less restrictive than those contained in this Decree. Once Climax sells any <br />portion of the Subject Water Rights, the limits of paragraph 6.3.1 shall apply on a permanent <br />basis; provided, however, that the sale by Climax of only Eagle River basin water rights shall not <br />cause the limits of paragraph 6.3.1 to apply to Climax's retained Tenmile Creek water rights, and <br />the sale by Climax of only Tenmile Creek water rights shall not cause the limits of paragraph <br />6.3.1 to apply to Climax's retained Eagle River basin water rights. All documents conveying the <br />Subject Water Rights or a portion thereof shall include covenants running with the water rights <br />which shall expressly state that use of the water rights shall be subject to the depletion limitations <br />• <br />56642.WPD:5