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CM0001318 <br />Findings of Fact, Conclusions of Law, Judgment and Decree <br />Case Nos. 92CW233 and 92CW336 - Page 44 <br />production during the period of 1963 through 1982, water requirements under the Subject Water <br />Rights may average about 4,661 acre feet of consumptive use in many years. <br />5.2 Future Reclamation Obligations. The Climax Mine has reclamation obligations <br />while it is still operating or capable of operating. Additionally, the Climax Mine has reclamation <br />obligations that will arise upon the final shutdown of the facility. The exact amount of water <br />required to meet these obligations is unknown. However, the amount of water required for future <br />molybdenum production will be sufficient to also meet reclamation obligations while the mine is <br />still operating or capable of operating, and upon final shutdown. <br />6 Terms and Conditions <br />This Court finds that there will be no material injury to the owners or users of water under <br />vested water rights or decreed conditional water rights as a result of the requested change of the <br />Subject Water Rights described herein so long as there is compliance with and proper <br />administration of the protective terms and conditions set forth below. <br />6.1 Tenmile Creek Water Rights Terms and Conditions. <br />6.1.1 Tenmile Creek Cumulative Diversion Limitations. <br />a. With the exception of the pumping of water from the Climax Mine <br />Underground Levels, which is governed by the provisions of paragraph 6.1.3 below, cumulative <br />diversions of water from the Tenmile Creek drainage basin under Applicant's Tenmile Creek <br />water rights shall be limited on a monthly basis to the following amounts: <br />Month Amount <br />January 0 of <br />February 0 of <br />0 56642. WPD:5 <br />