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 oT Law and
Decree of the Court Approving Absolute and Conditional Ground
Water Rights, Plan of Augmentation and for Change of W ater Rights,
Application of the City of Slack Hawk,
Pagc 31
received by Black Hawk into Standley Lake and alternate points of diversion and places of storage
during the previous May 1 through April 30 period from its interests in the water rights listed in
paragraph 19.b(1). That total amount shall be distributed according to the monthly return flow
schedule given below:
January 0°/a
Febmary 0%
March 0%
April 0%
May 10°/a
June 27°/a
July 26%
August 22°/a
September 1S%
October 0°/a
November 0%
December 0%
Total 100%
All required return flows will be delivered to the South Platte River at or above its confluence with
Big Dry Creek. Water which is diverted or divertible as quantified to the satisfaction of the Water
Commissioner under the changed water rights which is not used to meet historic return flow
obligations for the changed water rights shall be completely consumable. No return flow
replacements will be required during free river conditions or when the calling right in effect on the
affected stream segment is junior to April 14, 1994. Black Hawk shall meet its return flow
obligations by making discharges of Black Hawk's interest in the changed water rights in amounts set
forth herein and/or from any other decreed sources available to it.
23.b.(5) Diversion Seasons for Direct Flow and Storage Rights.
Black Hawk shall be entitled to divert its pro rata entitlement to water from its FRICO shares,
previously decreed for direct flow and changed herein, during the period commencing Apri] ]and
ending October 31 each year. Nothing in this paragraph, however, shall be deemed to affect the
relationship between Black Hawk and FRICO with respect to the rights of Black Hawk as a
shareholder to request FRICO to commence or terminate diversions for use by Black Hawk. Black
Hawk shall be entitled to divert its pro rata entitlement to water from its FRICO shares decreed for