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CM0001295 <br />Findings of Fact, Conclusions of Law, Judgment and Decree <br />Case Nos. 92CW233 and 92CW336 - Page 21 <br />• <br />d. Historic use: transmountain diversion to the Arkansas River Basin <br />for irrigation, mining, and exchange purposes; mining, milling, manufacturing, and domestic <br />purposes at the Climax Mine, depicted as Exhibit 1. <br />2.5.2 Fremont Ditch No. 1. The portion of the Fremont Ditch No. 1 water right <br />that diverted water from the mainstem of Tenmile Creek was transferred to the 300 South Water <br />Raise on July 24, 1945 by the Summit County District Court in Civil Action 1831. See, <br />subparagraph 2.3.1.e above. The remaining decreed points of diversion for the Fremont Ditch <br />No. 1 are: the North Fork of McNulty Creek at a point whence the Northeast comer of Section 2 <br />in Township 8 South, Range 79 West, 6`' P.M. bears North 79°53' East a distance of 442 feet; <br />the Middle Fork of McNulty Creek at a point whence the Northeast corner of Section 2 in <br />Township 8 South, Range 79 West, 6`' P.M. bears North 30°41' East a distance of 1013 feet; and <br />the South Fork of McNulty Creek at a point whence the Northeast comer of Section 2 in <br />Township 8 South, Range 79 West, 6`h P.M. bears North 39°35' East a distance of 1350 feet. <br />The Fremont Ditch No. 1 was decreed as follows by the Summit County District Court on <br />February 27, 1931 in Civil Action No. 1671: <br />a. Sources: The North Fork of McNulty Creek, the Middle Fork of <br />McNulty Creek, the South Fork of McNulty Creek, and natural drainage into the ditch, all of <br />which are tributary to Tenmile Creek. <br />b. Amounts: <br />(1) North Fork of McNulty Creek: 20.0 cfs <br />(2) Middle Fork of McNulty Creek: 20.0 cfs <br />(3) South Fork of McNulty Creek: 20.0 cfs <br />56642.WPD:5