Laserfiche WebLink
CM0001336 <br />• <br />Findings of Fact, Conclusions of Law, Judgment and Decree <br />Case Nos. 92CW233 and 92CW336 - Page 62 <br />contained in paragraph 6.3.1 and the restrictions of paragraph 6.3.2. Nothing in this paragraph <br />6.3.4 shall be construed as restricting or otherwise limiting Applicant's right to lease water from <br />the Subject Water Rights in accordance with this decree. <br />6.3.6 This Court in this proceeding has jurisdiction to quantify and determine <br />• <br />the historic use of the Subject Water Rights. By this Decree, the Court does quantify and <br />determine such historic use. This Court further finds it appropriate that persons with notice of <br />the application that is the subject of this Decree be bound by this Court's quantification and <br />determination of the historic use of the Subject Water Rights. Accordingly, any future <br />proceeding involving an application for change of the Subject Water Rights (as contemplated by <br />paragraph 6.3.5) shall follow, in a manner consistent with Williams v. Midway Ranches Property <br />Owners Ass'n, 938 P.2d 515, 524-26 (Colo. 1997), this Court's quantification and determination <br />of the historical usage of the rights. <br />6.4 Summary of Limitations on Total Depletions. In summary, depletions under the <br />r <br />Subject Water Rights shall be limited as follows: <br /> For Years Water is Used For Years Some or All of the <br /> Only at the Mine Water is Leased or Sold <br /> Five-Year <br /> Single Year Five-Year Single Year Average <br /> Depletion Limit Depletion Limit Depletion Limit Depletion Limit <br />Tenmile Creek 7,727 5,090 5,463 4,418 <br />Water Rights <br />Eagle Basin 398 243 398 243 <br />Water Rights <br />TOTAL 8,125 5,333 5,861 4,661 11 <br />56642. WPD:5 <br />