2011-03-14_REVISION - M1977493 (40)

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CM0001315 Findings of Fact, Conclusions of Law, Judgment and Decree Case Nos. 92CW233 and 92CW336 - Page 41 a. The Wills Tunnel and Pipeline water right was originally decreed as a developed mine water right. Pursuant to the water right, Applicant pumped water from deep within the Climax Mine Underground Levels and delivered it to the surface, where the water was generally used in the milling process. Applicant's consultant engineers have determined that the amount of water historically consumed at the Climax Mine under the Wills Tunnel and Pipeline water right was 648 acre feet per year at a relatively steady rate (i.e., 54 acre feet per month, 1.78 acre feet per day). b. According to Applicant's consultant engineers, the Climax Mine Underground Levels are hydrologically separated from Tenmile Creek by the Mosquito Fault, which is a 100 feet thick impermeable clay barrier generally located on the western edge of the mine workings. As a result, Applicant's consultant engineers have determined that the actual pumping of water from the Climax Mine Underground Levels does not cause depletions to 40, Tenmile Creek. Rather, depletions to Tenmile Creek occur as a result of run-off flows into the Climax Mine Open Pit, which percolate down to the Climax Mine Underground Levels, and are impounded therein. Also, due to the Mosquito Fault, said water impounded in the Climax Mine Underground Levels does not percolate back to Tenmile Creek. Some of the Objectors disagree with the findings and conclusions of Applicant's engineers. However, the parties have agreed to the terms and conditions to address the Wills Tunnel and Pipeline water right as set forth below in paragraph 6.1.3 of this Decree as a compromise. C. In general, most of the inflow into the Climax Mine Underground Levels of water tributary to Tenmile Creek occurs during the snowmelt run-off in May through • 56642.WPD:5