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CM0001326 <br />Findings of Fact, Conclusions of Law, Judgment and Decree <br />Case Nos. 92CW233 and 92CW336 - Page 52 <br />• <br />C. When a senior call is not in effect, the balance of water pumped <br />from the Climax Mine Underground Levels (i.e., water in excess of the 54.0 acre feet per month <br />attributable to the Wills Tunnel and Pipeline water right) shall be credited against Applicant's <br />other Tenmile Creek water rights, to the extent said water rights are in-priority and as limited by <br />their applicable maximum annual diversion limits under subparagraph 6.1. La. above. The net <br />volume of inflow (i.e., the amount of inflow minus the total amount of water pumped out of the <br />Climax Mine Underground Levels) into the Climax Mine Underground Levels when a senior call <br />is not in effect shall be credited as a diversion into storage of consumptive use water under the <br />Climax Mine Tenmile Creek water rights and shall count towards the depletion limits contained <br />in subparagraph 6.1.2.a. above. Except for storage in accordance with the formula contained in <br />subparagraph 6.1.3.a., Applicant shall not store water in the Climax Mine Underground Levels <br />when its Tenmile Creek water rights are out-of-priority, until such time as adequate <br />measuring equipment has been installed to verify the amount of stored water. <br />d. Notwithstanding any provision herein to the contrary, water may be <br />pumped from the Climax Mine Underground Levels on a year-round basis and, after treatment, <br />discharged to Tenmile Creek at an unlimited rate, as is necessary in the opinion of mine <br />personnel to dewater the underground mine workings. <br />6.1.4 Method to Determine Future Tenmile Creek Depletions. Total depletions <br />to Tenmile Creek under Applicant's Tenmile Creek water rights shall be determined on a <br />monthly basis by adding together the following categories of use (in acre feet): <br />• <br />56642.WPD:5 <br />