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CM0001284 <br />Findings of Fact, Conclusions of Law, Judgment and Decree <br />Case Nos. 92CW233 and 92CW336 - Page 10 <br />• <br />2.3.4 The Wills Tunnel and Pipeline (a.k.a. the Phillipson Tunnel). The Wills <br />Tunnel and Pipeline is a structure that diverts water from the mine workings of the Climax Mine, <br />including the Phillipson Level of the mine. The Wills Tunnel and Pipeline water right was <br />decreed on August 22, 1932 by the Summit County District Court in Civil Action No. 1698, <br />a. Source: Water encountered as a result of the development of the <br />Climax Mine, including the Phillipson Level. <br />b. Appropriation date: Not applicable. The Wills Tunnel and <br />Pipeline water right is a decreed as a developed water right outside the priority system. <br />C. Amounts: 55.0 cfs <br />d. Historic use: Not applicable. However, water diverted under the <br />Wills Tunnel and Pipeline water right has historically been used for mining, milling, processing, <br />and domestic purposes at the Climax Mine <br />2.4 The Middle Tenmile Creek and Upper Eagle River System. The Middle Tenmile <br />Creek and Upper Eagle River System was an integrated water supply system for the Climax Mine <br />consisting of the following water rights: <br />2.4.1 The Supply Canal No. 1. The water rights for the Supply Canal No. 1 <br />were decreed as follows on October 26, 1937 by the Summit County District Court in Civil <br />Action 1710: <br />a. Sources: Humbug Creek, Mayflower Creek, Clinton Gulch Creek, <br />and run-off, surface flow, and underground flow from the area above the Supply Canal No. 1, all <br />of which are tributary to Tenmile Creek. <br />b. Points of diversion: <br />• <br />56642. WPD:5