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<br />r CM0001346 <br /> <br />4 <br /> Findings of Fact, Conclusions of Law, <br /> Ruling and Decree <br /> Csae No. 92CW340 <br />4 <br />Upper Eagle Regional Water Authority <br /> 846 Forest Road <br /> Vail, CO 81657 <br /> Cyprus Climax Metals Company <br /> 1501 West Fountainhead Parkway <br /> Tempe, AZ 85285 <br /> <br /> 1.2 On December 31, 1992, VA, the District, and Cyprus Climax's predecessor in <br /> interest, the Cyprus Climax Molybdenum Company, filed with the Water Clerk for Water <br /> Division No. 5 the application for the water right that is the subject of this Decree, which is <br /> hereby referred to as the Eagle Park Reservoir Storage Right (5,300 acre feet, conditional). The <br />_i Regional Authority subsequently moved to intervene as a co-applicant on November 8, 1994, <br />1 which motion was granted by the Court on December 13, 1995. <br /> <br /> 1.3 Timely and adequate notice of the pendency of this proceeding in rem has been <br /> given in the manner required by law. Time for filing statements of opposition and for seeking <br /> leave to intervene has expired. This Court has subject matter jurisdiction over this proceeding <br /> and personal jurisdiction over all persons who would have standing to appear as parties, <br /> regardless of whether they have appeared. <br /> 1.4 The land and water rights involved herein are not included within the boundaries <br />. of any designated ground water basin. <br /> 1.5 Timely statements of opposition were filed by the Copper Mountain Water & <br />} Sanitation District, Copper Mountain, Inc., the Town of Silverthorne, the Board of Summit <br /> County Commissioners, the City and County of Denver, acting by and through its Board of <br /> Water Commissioners, the Colorado River Water Conservation District, and Kensington <br /> Partners, Stag Gulch Partners, and Galena Partners <br /> 1.6 The following parties have withdrawn their respective statements of opposition: <br />1.6.1 Copper Mountain Water & Sanitation District (Motion granted <br />February 24, 1994);, <br />1.6.2 Copper Mountain, Inc. (Motion granted February 24, 1994); <br />1.6.3 Kensington Partners, Stag Gulch Partners, and Galena Partners <br />(Stipulation dated January 14, 1998). <br />D01977 '2_ <br />• <br />• <br />0