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CM0001314 <br />Findings of Fact, Conclusions of Law, Judgment and Decree <br />Case Nos. 92CW233 and 92CW336 - Page 40 <br />b. Uses that Vary in Relation to Production Rate. The amount of <br />trapped water in tailing impoundments, waste rock dumps, and various activities related to mine <br />development varies in relation to production rates. The average amount for this category of <br />consumptive use during the production period of 1976 through 1981 was 3,968 acre feet per year, <br />or 77.13 gallons per ton of ore. The peak year consumption for this category of consumptive use <br />was 4,269 acre feet in 1981. <br />C. Evaporation from Ponds and Reservoirs. The annual rate of <br />consumption for this category of consumptive use varies with the method of operating the <br />Climax Mine reservoirs and tailing impoundments. The average amount for this category of <br />consumptive use during the production period of 1976 through 1981 was 1.3 acre feet per acre <br />for reservoirs and 1.8 acre feet per acre of tailing impoundment beaches, for a total of 1,589 acre <br />feet per year. The peak year consumptive use was 1,800 acre feet in 1977. <br />4.3.2 Diversions into Storage. In the course of operating the Climax Mine, <br />Applicant diverts water under its storage rights. The stored water is then consumptively used <br />pursuant to the three categories of consumptive use described above in paragraph 4.3.1. The <br />amounts historically diverted into storage have varied from year to year, depending upon <br />available, decreed storage capacity. Applicant's consultant engineers have determined that in the <br />drought year of 1977 total consumptive use exceeded total diversions by 2,526 acre feet, and that <br />in 1978 diversions for storage refill exceeded total consumptive use by 2,526 acre feet. <br />4.3.3 The Climax Mine Underground Levels, the Wills Tunnel and Pipeline <br />Water Right. <br />• <br />56642. WPD:5 <br />