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CM0001325 <br />Findings of Fact, Conclusions of Law, Judgment and Decree <br />Case Nos. 92CW233 and 92CW336 - Page 51 <br />Levels and instead deliver to the Climax Mine Property Line Flume an equivalent amount of <br />consumptive use water from elsewhere in the Climax Mine Water Supply System. <br />(2) Applicant may in its discretion pump water from the <br />Climax Mine Underground Levels in excess of 75.0 acre feet per month (2.47 acre feet per day).3 <br />To the extent that the water level in the Mine is not lowered as a result of such pumping, any <br />water pumped in excess of 75.0 acre feet per month (2.47 acre feet per day) shall be delivered <br />and relinquished by the Applicant to Tenmile Creek at the Climax Mine Property Line Flume. <br />Conversely, to the extent that the water level in the Mine is lowered and the withdrawal of <br />consumptive use water from storage actually occurs as a result of pumping, such withdrawal <br />shall be accounted for as a withdrawal of consumptive use water from storage under the Climax <br />Mine Water Supply System; provided, that Applicant has stored consumptive use water in the <br />Climax Mine Underground Levels pursuant to subparagraph 6.1.3.c. below. Except for storage <br />in accordance with the formula contained in subparagraph 6.1.3.a. above, the Applicant shall not <br />store water in the Climax Mine Underground Levels when its Tenmile Creek water rights are <br />out-of-priority. In addition, Applicant shall not lower the water level in the mine until such time <br />as Applicant has installed adequate measuring equipment and accounting to verify that <br />consumptive use water is being pumped from storage. All consumptive use water stored by <br />applicant in the Climax Mine Underground Levels shall count towards the depletion limitations <br />contained in subparagraph 6.1.2.a. above. <br />375.0 acre feet per month (2.47 acre feet per day) is the sum of Climax's 54.0 acre feet per <br />month (1.78 acre feet per day) consumptive use entitlement under the Wills Tunnel and Pipeline <br />water right plus Climax's obligation to deliver and relinquish 21.0 acre feet per month (0.69 acre feet <br />per day) to the Climax Mine Property Line Flume when a senior call is in effect. • <br />56642.WPD:5