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CM0001316 <br />Findings of Fact, Conclusions of Law, Judgment and Decree <br />Case Nos. 92CW233 and 92CW336 - Page 42 <br />• <br />July. During this period of time, the 1902 Shoshone Call is generally not in effect.2 However, <br />some inflow into the Climax Mine Underground Levels of water tributary to Tenmile Creek <br />occurs during the rest of the year, when the 1902 Shoshone Call is in effect. <br />4.3.4 Total Historic Stream Depletions Associated with the Subject Water <br />Rights. Depletions to the natural streamflows of Tenmile Creek and the Eagle River have <br />occurred as a result of diversions of water and subsequent consumptive use and storage. The <br />average annual total stream depletion during the production period of 1976 to 1981 was 5,635 <br />acre feet. Of this total amount, an average of 5,393 acre feet of stream depletions occurred <br />pursuant to the exercise of Applicant's Tenmile Creek water rights and 243 acre feet occurred <br />pursuant to the exercise of Applicant's Eagle River water rights. The maximum stream depletion <br />occurred in 1978, totaling 8,057 acre feet. Of this amount, 7,755 acre feet occurred pursuant to <br />the exercise of Applicant's Tenimile Creek water rights and 302 acre feet occurred pursuant to the <br />exercise of Applicant's Eagle River water rights. <br />5 Future Use of Water at the Climax Mine Under the Subject Water Rights <br />To determine appropriate terms and conditions for the change of water rights herein, <br />Applicant and its consultant engineers have analyzed Applicant's estimated future use of water at <br />the Climax Mine under the Subject Water Rights. This analysis establishes the following: <br />5.1 Future Molybdenum Production. <br />5. 1.1 Amount of Production. Long-term production analyses conducted by <br />Applicant have estimated that future annual production is likely to reach approximately <br />'The "1902 Shoshone Call" means the water right decreed for and associated with the <br />Shoshone Power Plant (a/k/a the Glenwood Power Canal), adjudicated for 1,250 cfs on December 9, <br />• 1907, with an appropriation date of January 1, 1902. <br />56642. WPD:5