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CM0001321 <br />Findings of Fact, Conclusions of Law, Judgment and Decree <br />Case Nos. 92CW233 and 92CW336 - Page 47 40 <br />and any consumption of the water pumped shall be governed by the provisions of paragraph 6.1.3 <br />below an shall count toward the depletion limits set forth in subparagraph 6.1.2.a. above. <br />C. The Subject Water Rights were appropriated to enable the <br />diversion of water from various sources at the Climax Mine, with diversions to be made from <br />each source based upon the water requirements at the Climax Mine, physical supply, and <br />operational flexibility. Diversions were not necessarily made based upon seniority of particular <br />water rights - i.e., when in priority, junior Climax Mine water rights were often diverted instead <br />of senior Climax Mine water rights divertable from separate tributaries. Accordingly, future <br />diversions and depletions shall be credited against Applicant's particular Tenmile Creek water <br />rights in accordance with the amounts listed in Table A below, and shall be allocated among <br />Applicant's Tenmile Creek water rights based on the following principles: <br />(1) Diversions and depletions maybe allocated to a water right <br />only at times when it is in priority. <br />(2) Water rights previously transferred to the 300 South Water <br />Raise shall be credited with diversions and depletions against the most senior right first, then <br />against successively junior rights. <br />(3) Diversions and depletions under the Wills Tunnel and <br />Pipeline water right shall be credited as provided in paragraph 6.1.3 below. <br />(4) Diversions and depletions under all other Tenmile Creek <br />water rights shall be allocated as appropriate for the current hydrological cycle; provided, <br />however, that to the extent Applicant is leasing consumptive use credit from Applicant's Tenmile <br />• <br />56642. WPD:5