2012-03-07_PERMIT FILE - C2010088A ‎(20)‎

• Permit No: C2010088A
• IBM Index Class Name: Permit File
• Doc Date: 3/7/2012
• Doc Name: Right of Entry and Water Rights
• Section_Exhibit Name: Exhibit 01
• Media Type: D
• Archive: Yes

Water Division 5, Colorado
Case No. 2009CW 166
RULING OF REFEREE/DECREE OF COURT
Page 4
10. Notice and Juris¢iedon. All notices required by law have been properly made,
including as required under C.R.S. § 37- 92- 302(3). The Court has jurisdiction over the
subject matter of these proceedings and over all entities, persons, owners of property and
water rights who had standing to appear even though they did not do so. The Application
and the resume publication of the Application placed such entities and persons on notice
of the relief requested by CAM and granted by this Decree.
11. Application Complete. The Application is complete, covering all applicable matters
required pursuant to the Water Right Determination and Administration Act of 1969.
C.R.S. §§ 37- 92- 101 -602.
12. All Legal Requirements Met. CAM has fulfilled all legal requirements for a decree for
the requested water rights.
13. Consistent with Law. The water rights decreed herein are contemplated and authorized
by Iaw. See C.R.S. § 37- 92- 302(1)(a).
14. Surface Water Rights Contemplated by Law. The Application for the surface water
rights herein is contemplated by and satisfies the requirements of Colorado law and
should be granted subject to the terms of this Decree. The appropriations for the water
rights were lawfully initiated on the dates shown in the foregoing Findings of Fact, and
were pursued with reasonable diligence from the date of initiation. CAM has established
that it is entitled to the conditional water rights for Tavistock Diversion No. 1 and
Tavistock Diversion No. 2 and that the conditional water rights for Tavistock Diversion
No. 1 and Tavistock Diversion No. 2 can and will be diverted and controlled and the
water will be beneficially used and the projects can and will be completed with diligence
within a reasonable time.
15. Integrated System. Pursuant to paragraph 9 of the Ruling of the Water Referee and
Findings of Fact, Conclusions of Law Judgment and Decree entered by the District Court
in and for Water Division 5 in Case No. 02CW92 on April 30, 2004, the water supply
system for CAM's Colorado mining operations and attendant diversion, distribution,
delivery, collection and treatment systems comprise an integrated water supply system.
The Court finds that, pursuant to C.R.S. § 37- 92- 301(4)(b), efforts, activities and
expenditures on other components of CAM's integrated water supply system shall be
considered evidence of diligence on the water rights for Tavistock Diversion No. 1 and
Tavistock Diversion No. 2.
16. Retention of Dominion. Dominion over water depends on a water user's intent and
ability to quantify and use, by recapture or other proper means, a certain quantity of water
which may be distinguished by volume from other water in a stream. Public Service Co.
v. Willows Water Dist., 856 P.2d 829 (Colo. 1993). CAM has the intent and ability to
maintain dominion over, and to use for the purposes adjudicated by this Decree, all
augmentation and replacement water released for replacement of out -of- priority