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CM0001286 <br />Findings of Fact, Conclusions of Law, Judgment and Decree <br />Case Nos. 92CW233 and 92CW336 - Page 12 <br />d. Appropriation date: August 15, 1935 <br />e. Historic use: mining, milling, manufacturing, and domestic <br />purposes at the Climax Mine, depicted as Exhibit 1. <br />2.4.2 The Supply Canal No. 2. The water rights for the Supply Canal No. 2 <br />were decreed on October 26, 1937 by the Summit County District Court in Civil Action 1710. In <br />addition, the decreed points of diversion for Supply Canal No. 2 were changed on June 14, 1962 <br />by the summit County District Court in Civil Action 2122. <br />a. Sources: Searle Creek, Kokomo Creek, and run-off, surface flow, <br />and underground flow of the area above the Supply Canal No. 2, all of which are tributary to <br />Tenmile Creek. <br />b. Points of diversion: <br />® <br />O 1 on the west bank of Searle Creek at a point whence <br />U.S.L.M. Kokomo bears South 45°58' east 3740 feet (located in the Southwest 1/4 of the <br />Southeast 1/4 of Section 15, Township 7 South, Range 79 West, 6`h P.M.); <br />(2) on the south bank of Kokomo Creek at a point whence <br />U.S.L.M. Kokomo bears North 39°36' East 2635 feet (located in the Southwest 1/4 of Section 22, <br />Township 7 South, Range 79 West, 6' P.M.); and <br />(3) run-off, surface flow, and underground flow of the area <br />above the Supply Canal No. 2 as it runs between the above-described points of diversion and to <br />the Climax Mine. <br />C. Amounts: <br />• (1) Searle Creek: 35.0 cfs <br />56642. WPD:5