2011-03-14_REVISION - M1977493 (40)

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CM0001309 Findings of Fact, Conclusions of Law, Judgment and Decree Case Nos. 92CW233 and 92CW336 - Page 35 • 3.4.2 Use at the Climax Mine. Although Applicant requests the above changes in use for the historic consumptive use component of the Subject Water Rights, Climax nevertheless intends to retain the right to divert water under those rights for use at the Climax Mine pursuant to the water rights' historic rates of diversion, provided, however, that the historic amounts, rates, and timing of return flows are maintained. 3.5 Changes to Include Alternate Places of Use. In addition to the right to divert water under the Subject Water Rights at the Climax Water Supply System, Applicant also requests the right to deliver the historic consumptive use component of the Subject Water Rights to the following structures for the purpose of subsequently delivering the water pursuant to C.R.S. § 37-82-106(2) and § 37-83-101 to users in the Eagle, Colorado, Arkansas, and South Platte river basins for all of the uses described above in paragraph 3.4.1; provided, however, that to the extent exchanges are necessary for such deliveries, Applicant shall obtain Division Engineer approval of the exchange or shall obtain a decree from the Water Court for said exchange. 3.5.1 The Climax Mine Prolerty Line Flume.. The Climax Mine Property Line Flume is located on Tenmile Creek in the Southwest quarter of the Northeast quarter of Section 13, Township 7 South, Range 79 West, 6`h P.M. Historic consumptive use water delivered to the Climax Mine Property Line Flume would be transported downstream for use in the Colorado River basin via direct diversion or pursuant to separately decreed exchange, or for use in the South Platte River basin via delivery through the Roberts Tunnel. 3.5.2 The Roberts Tunnel Intake. The Roberts Tunnel Intake is located at a point whence the northeast corner of Section 18, Township 5 South, Range 77 West, 6`h P.M. 56642. WPD:5