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CMO001308 <br />Findings of Fact, Conclusions of Law, Judgment and Decree <br />Case Nos. 92CW233 and 92CW336 - Page 34 <br />• <br />that the total amount of water stored under said storage rights shall not exceed the decreed <br />amount of storage. <br />3.3.3 Continued Impoundment of Process Water. Applicant proposes to <br />continue impounding water diverted under its direct flow water rights in Mayflower Pond, <br />Tenmile Pond, and Robinson Pond for the beneficial use of settling tailing particles out of the <br />water prior and subsequent to its reuse in the mill process water circuit or discharge after <br />treatment into Tenmile Creek. <br />3.4 Changes to Include Alternate Types of Use. <br />3.4.1 Requested Uses. Applicant requests that the time and manner of use of the <br />Subject Water Rights be modified so that the historic consumptive use component of the rights <br />may be used, reused, successively used, and after use leased, sold, or otherwise disposed of for <br />the following beneficial purposes: mining, milling, industrial, snowmaking, municipal, domestic, <br />stock watering, recreational, fish and wildlife (including endangered species mitigation), <br />irrigation, agricultural, and any other beneficial purpose. Additionally, Applicant requests that <br />the historic consumptive use component of the Subject Water Rights may be produced for an <br />immediate use, for storage and subsequent use, for exchange purposes, for replacement of <br />depletions resulting from the use of water from this or other sources, and for augmentation <br />purposes; provided, however, that any such exchanges or augmentation plans shall be approved <br />by the Division Engineer or otherwise decreed by the Water Court. Applicant also requests the <br />right to sell or lease the historic consumptive use component of the Subject Water Rights, with or <br />without prior use by Applicant, to other water users for all of the above uses and purposes. <br /> <br />56642. WPD:5