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CM0001319 <br />Findings of Fact, Conclusions of Law, Judgment and Decree <br />Case Nos. 92CW233 and 92CW336 - Page 45 <br />March 0 of <br />April 116 of <br />May-July 5,807 of <br />August 847 of <br />September 538 of <br />October 419 of <br />November 0 of <br />December 0 of <br />Total: 7,727 of <br />The above amounts of water may be fully consumed by use, reuse, and successive use, as limited <br />by the provisions of subparagraph 6.1.2.a. below. <br />b. Notwithstanding the cumulative diversion limitations described <br />above, water may be temporarily detained by the Applicant as is necessary for water pollution <br />and flood control emergencies at the Climax Mine. Such water shall be released, without <br />diminution in volume, after temporary detention and/or treatment. For the purposes of this <br />subparagraph, temporary detention shall mean the detention of water for a period of 30 days or <br />less. Accounting of such temporary detention and releases shall be required. In the event that <br />such temporary detention occurs when Applicant's Tenmile Creek water rights are out-of- <br />priority, Climax shall: i) notify the Denver Water Department, the Clinton Ditch and Reservoir <br />Company, the Copper Mountain Water and Sanitation District, and the Division Engineer for <br />Water Division 5; ii) provide replacement water from sources reasonably available to it to offset <br />the injurious effects of such temporary detention; and iii) count such temporary detention against <br />E <br />• <br />• <br />56642. WPD:5