PERMFILE45475

• Permit No: M2004067
• IBM Index Class Name: Permit File
• Doc Date: 12/9/2005
• Doc Name: District Court -Water Division 1 Findings Conclusions Decree - Approving GW Rights Plan of Augment
• From: City of Black Hawk
• To: DMG
• Media Type: D
• Archive: No

Case No. 94CW036, Findings of Fact, Conclusions of Law and
Decree of the Court Approving Absolute and Conditional Ground
Water Rights, Plan orAugmentation and for Change or Water Rights,
Application o! the City of Black hawk
Page 23
pazagraph 18.6., above, and changed by this decree and will preclude injury to the vested and decreed
conditional water rights of others. ,
22.a. Time Limitations: Black Hawk may divert, take credit for, and/or take
delivery of water produced from the exercise ofthe water rights listed in paragraph 18.6., above, for
direct use, storage, and/or replacement ofout-of-priority depletions resulting from the exercise of the
water rights listed in paragraph 15. Said diversions, deliveries, or use ofthe subject water rights will
be limited to seasonal limitations described in paragraph 22.c. of this Decree. Nothing in this
paragraph, however, shall be deemed to affect the relationship between Black Hawk and the Church
Ditch Company with respect to the rights of Black Hawk as an "inch-holder" to request said company
to commence or terminate diversions for use by Black Hawk.
22.6. Average Year or Less than Average Year Determination: Black Hawk shall
determine whether to utilize the less than average or average return factors as follows: (1) If the
March water supply outlook by the United States Soil Conservation Service forecasts an April-
September flow at Clear Creek Gauge near Golden of 105,000 acre-feet or less (adjusted to include
only natural flow water, City of Golden diversions, and Church Ditch diversions less augmentation
plan or change of water right returns upstream of the gauge), then the "Less than Average Year"
percentage shall be used for the month ofApril; (2) If an April-September flow of more than 105,000
acre-feet (adjusted asset forth above) is forecast, then the "Average Year" percentage shall be used
for the month ofApril; and (3) Thereafter, on the first days of May, June, July, August, September
and October, the determination of which percentage to use shall be based upon the number ofacre-
feet ofnatural flow water passing the Clear Creek Gauge near Golden (adjusted as set forth above)
during the preceding month; if the flow is equal to or less than the amount set forth below for that
month, then the "Less than Average Yeaz" percentage shall be used for the following month; ifthe
amount is greater than that amount for that month, then the "Average Year" percentage shall be used
for the following month.
Monthly Clear Creek filows
At Golden Gauge (Acre-Feet)
April Mav June J~ u ust September
4,]00 20,000 4],000 23,500 1],500 5,900
22.b.(1) Church Ditch Irrigation Season Return Flows. The percentage
of water delivered by the Church Ditch to the account ofBlack Hawk to be returned to the stream
system at the times and locations specified below shall be as follows: