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CMO001297 <br />Findings of Fact, Conclusions of Law, Judgment and Decree <br />Case Nos. 92CW233 and 92CW336 - Page 23 <br />• <br />and subsequent use of the water for those purposes. Combined, these systems constituted a <br />single, integrated water supply system that met the water needs of the Climax Mine. <br />3.1.2 Change of Circumstances. However, years of mining and milling since the <br />water rights were appropriated have substantially changed the geography of the Climax Mine <br />and, consequently, the configuration of the water supply systems. Furthermore, the imposition of <br />various water quality regulations during the past twenty years has caused changes in the <br />configuration of the water supply systems. <br />3.1.3 The Change Applications. Consequently, the Applicant seeks to make the <br />points of diversion and places of storage of the Subject Water Rights formally consistent with the <br />Climax Water Supply System as described below. The Applicant also seeks to have decreed <br />alternate types and places of use for the historic consumptive use component of the Subject <br />Water Rights. Accordingly, pursuant to and consistent with the applications it filed with the <br />Water Clerk for Water Division No. 5, Applicant requests that the Subject Water Rights be <br />changed as described below. <br />3.2 Changes in Points of Diversion: the "Climax Water Supply System". The Climax <br />Water Supply System is a fully integrated system that will deliver water diverted under any of the <br />Subject Water Rights to any place of use at the Climax Mine. Because of the unique site of the <br />Climax Mine, the Climax Water Supply System generally controls water tributary to Tenmile <br />Creek and the East Fork of the Eagle River in its natural course or location. Therefore, in order <br />to divert water under the Subject Water Rights and apply the water to a beneficial use, the <br />Climax Water Supply System generally does not require a series of diversions through separate <br />structures acting as separate and independent points of diversion. Nevertheless, calculation of <br />r <br />56642. WPD:5