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CM0001280 <br />Findings of Fact, Conclusions of Law, Judgment and Decree <br />Case Nos. 92CW233 and 92CW336 - Page 6 <br />to or otherwise situated in the Tenmile Creek basin is hereinafter referred to as "Applicant's <br />Tenmile Creek Water Rights," or some variation thereof, and the portion of the Subject Water <br />Rights that is tributary or otherwise situated in the Eagle River basin is hereafter referred to as <br />"Applicant's Eagle River Water Rights," or some variation thereof. <br />2.3 The Upper Tenmile Creek System. The Upper Tenmile Creek System was an <br />integrated water supply system for the Climax Mine consisting of the following water rights: <br />2.3.1 The 300 South Water Raise. The 300 South Water Raise was located at a <br />point whence the West Quarter Corner of Section 12, Township 8 South, Range 79 West, 6th <br />P.M. bears south 85°55' west 3748.0 feet. The water rights for the 300 South Water Raise <br />consist of the following water rights that were transferred to the 300 South Water Raise in Civil <br />Action 1831, Summit County District Court, July 24, 1945: <br />a. The Tenmile Pipeline water right (changed to the 300 South Water <br />Raise from previous decree entered on November 26, 1921 in Civil Action No. 1565, Summit <br />County District Court): <br />(1) Source: Tenmile Creek <br />(2) Amount: 1.78 cfs <br />(3) Appropriation date: July 21, 1917 <br />(4) Historic use: mining, milling, manufacturing, and <br />domestic purposes at the Climax Mine, depicted in Exhibit 1. <br />'Unless otherwise stated herein, the term "Applicant's Tenmile Creek water rights" includes <br />0 within its scope the Wills Tunnel and Pipeline water right. <br />56642. WPD:5 <br />