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 or Fact, Conclusions of Law and
Decrce or the Court Approving Absolute and Conditional G round
Water Rights, Plan of Augmentation and for Change of Water Rights,
Application of the City of Black Hawk,
Page 27
23. Conditions on Water Rights Changed in Paragraph 19.b.
23.a. Church Ditch inches.
23.a.(i) Average Year or Less than Average Year Determination:
Black Hawk shall Iletermine 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 of April; (2) If an April-September flow of
more than 105,000 acre-feet (adjusted as set forth above) is forecast, then the "Average Year"
percentage shall be used for the month of April; 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 of acre-feet of natural flow water passing the Clear Creek Gauge near Goiden
(adjusted as set forth above} during the preceding month; if the flaw is equal to or less than the
amount set forth below for that month, then the "Less than Average Year" percentage shall be used
for the following month; if the amount is greater than that amount for that month, then the "Average
Year" percentage shall be used for the following month.
Monthly Clear Creek Flows
Ai Golden Gaug~Acre-Feetl
April Mav June J~ AUEUSY September
4,100 20,000 41,000 23,500 11,500 5,900
23.a.(2) Volumetric Limitations: In orderto prevent Black Hawk's future
use of the changed water rights from exceeding the historical use, the maximum volume of water
which may be diverted must also be limited. The maximum river headgate diversions which Black
Hawk may receive, use, or take credit for under the Church Ditch water rights identified in paragraph
19.6 during the irrigation season of April 1 through October 31 and during any period of twenty
consecutive seasons are set forth in the following table:
Maximum annual river headgate diversions = 62
20 year maximum river headgate diversions = 841