2011-03-14_REVISION - M1977493 ‎(40)‎

• Permit No: M1977493
• IBM Index Class Name: REVISION
• Doc Date: 3/14/2011
• Doc Name: Exhibit List, Exs. 39 to 43
• From: Climax
• To: MLRB
• Type & Sequence: AM6
• Media Type: D
• Archive: No

CM0001275
Findings of Fact, Conclusions of Law, Judgment and Decree
Case Nos. 92CW233 and 92CW336 - Page 1
FINDINGS OF FACT
Based upon a preponderance of the evidence, the Court finds the following:
1 Procedural Background
1.1 Name and Address. The name and address of the Applicant are:
Climax Molybdenum Company
Henderson Mine
P.O. Box 68
Empire, CO 80438
1.2 92CW233 Application. On September 30, 1992, Climax filed an Application for
Nontributary Underground Water Right or, in the Alternative, Change of Water Right with the
Water Clerk of Water Division No. 5 in Case No. 92CW233. The water right that is the subject
of the 92CW233 change application is the Wills Tunnel and Pipeline water right, described
below at paragraph 2.3.4.
1.3 92CW336 Application. On December 31, 1992, Climax filed an Application for
Change of Water Rights with the Water Clerk of Water Division No. 5 in Case No. 92CW336.
Except for the Wills Tunnel and Pipeline water right and the 92CW233 Application for
Nontributary Underground Water Right, all of the water rights described herein are the subject of
the 92CW336 application.
1.4 Consolidation. In response to an uncontested motion filed by the Applicant on
February 14, 1994, Case Nos. 92CW233 and 92CW336 were consolidated by the Court on
March 30, 1994.
1.5 Jurisdiction. Timely and adequate notice of the pendency of these proceedings in
rem has been given in the manner required by law. Time for filing statements of opposition and
for seeking leave to intervene has expired. This Court has subject matter jurisdiction over the
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56642. WPD:5