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CM0001324 <br />Findings of Fact, Conclusions of Law, Judgment and Decree <br />Case Nos. 92CW233 and 92CW336 - Page 50 <br />to the Wills Tunnel and Pipeline water right provided that the provisions of this paragraph 6.1.3 <br />are met. This water may be fully consumed by use, reuse, and successive use, and may thereby <br />be treated as a credit against otherwise out-of-priority depletions. The consumptive use of this <br />water, or use as a credit against otherwise out-of-priority depletions under Applicant's Tenmile <br />Creek water rights, shall be credited towards the depletion limitations contained in subparagraph <br />6.1.2.a. above. To the extent that the Wills Tunnel and Pipeline water right is out-of-priority <br />during the period of May 1 through July 31, the consumptive use credit for the right of 54 acre- <br />feet per month shall be proportionately reduced during the subsequent period of August 1 <br />through April 30. The formula to define "proportionately reduced" shall be (648 of x <br />days out-o'& July (i.e., 92 days) <br />total # o days May - July ). References hereafter to 54 acre-feet per month are <br />• <br />subject to this proportionate reduction. <br />b. When a call senior to the Wills Tunnel and Pipeline water right is <br />in effect: <br />(1) In order to compensate for tributary inflow into the Climax <br />Mine Underground Levels while the senior call is in effect, Applicant shall deliver and relinquish <br />to Tenmile Creek at the Climax Mine Property Line Flume an additional 21.0 acre feet per month <br />(0.69 acre feet per day) from the Climax Mine Underground Levels. Said 21.0 acre feet of water <br />pumped from the Climax Mine Underground Levels shall be in addition to the 54.0 acre feet of <br />water which Applicant may pump and fully consume under the Wills Tunnel and Pipeline water <br />right. Applicant may elect to retain the 21.0 acre feet of water in the Climax Mine Underground <br />• <br />56642.WPD:5 <br />