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Case No. 94CW031i, Findings of Fact, Conclusions of Law and <br />Decree of the Court Approving Absolute and Conditional Ground <br />Water Rights, Plan or Augmentation and for Change of W ater Rights, <br />Application or the City of Black Hawk, <br />Page 24 <br />Month Averaee Year Less Than Averaee Year <br />April 56°/a 55% <br />May 10% 8% <br />June 8% g% <br />July 10°/a 8% <br />August 19°/a 17% <br />September 53°/a 52% <br />October 56% 56% <br />All required irrigation season return flows for the Church Ditch inches described in paragraph <br />18.b.(2)(a)(i) above will be delivered to Big Dry Creek. All required irrigation season return flows <br />for the Church Ditch inches described in pazagraph 18.b.(2)(a)(ii) above will be delivered to Clear <br />Creek. Water which is diverted or divertible as quantified to the satisfaction of the Water <br />Commissioner under the changed water rights, which is not used to meet historic return flow <br />obligations for the changed water rights, shall be completely consumable. No return flow <br />replacements will be required for the Church Ditch inches described in paragraph 18.b.(2)(a)(i) above <br />during free river conditions or when the calling right in effect on the affected stream segment is junior <br />to April 14, 1994. No return flow replacements will be required for the Church Ditch inches <br />described in paragraph 1$.b.(2)(a)(ii) above during free river conditions or when the calling right in <br />effect on the affected stream segment is junior to March 28, 2002. Black Hawk shall meet its return <br />flow obligations by making discharges of Black Hawk's interest in the changed water rights in <br />amounts set forth herein and/or from any other decreed sources available to it. <br />22.c. Volumetric Limitations; In orderto prevent Black Hawk's future use ofthe <br />changed water rights from exceeding the historical use, the maximum volume ofwater which maybe <br />diverted must also be limited. The maximum river headgate diversions which Black Hawk may <br />receive, use, or take credit for under the changed water rights during the irrigation season of April 1 <br />through October 31 for the Church Ditch water rights identified in paragraph 18.c, and during any . <br />period of twenty consecutive seasons are set forth in the following table: <br />