Laserfiche WebLink
<br />Case No. 94CW036, Findings of Fact, Conclusions of Lew snd <br />Derree or the Court Approving Absolute and Conditional Ground <br />Water Rights, Plan or Augmentation and for Cbange of Water Rights, <br />Application of the City of Black Hawk, <br />Page 35 <br />34.a. Withdrawals from wells will be metered and recorded. <br />34.b. Direct diversions of surface water and of ground water will be measured and <br />recorded. <br />34.c. Diversions of water into and from storage will be measured and recorded. <br />34.d. Applicant shall install and maintain such measuring and recording devices <br />necessary to operate the water rights and water right transfers decreed herein as may be required by <br />the Division Engineer. Applicant shall maintain such records of diversions, depletions and water right <br />operations as may be required by the Division Engineer. Such records shall include, at a minimum, <br />the diversions and/or deliveries ofall water rights herein, the points ofdiversion where said diversions <br />and/or deliveries are made, return flow obligations by stream basin, the location, amount and source <br />of water used to meet said return flow obligations, a tracking of volumetric limitations for changed <br />water rights, the total water use and stream depletion made by Slack Hawk's municipal water system <br />including inside and outside uses, and the source, location and amount of substitute supply used to <br />replace said depletions. The accounting used for this decree shall be integrated with the other water <br />right components and decrees operated by Applicant and shall be made available to Objectors at their <br />request upon payment of reasonable costs therefor. <br />34.e. Applicant will make required return flows for the water rights described m <br />paragraphs 18,b.(2)(a)(i) and 19 above, except during times of free river conditions or when the water <br />right calling for water is junior to April 14, 1994, to replicate historic return flows from the water <br />rights to be changed. Applicant will make required return flows for the water rights described in <br />paragraph 18.b.(2){a){ii) above, except during times of free river conditions or when the water right <br />calling for water is junior to March 28, 2002, to replicate historic return flows from the water rights <br />to be changed. <br />34.f. When Public Service Company's exchange decreed in Case No. 95CW 157 is a <br />calling right, or would be able to operate but for Black Hawk's out-of-priority depletions, Black <br />Hawk shall make replacements above the Farmers' High Line diversion dam on Clear Creek for its <br />out of priority depletions that occur upstream of the Farmers' High Line dam. <br />34.g. Applicant ackttowledges that the Colorado Water Conservation Board has the <br />following instream flow water right to preserve the natural environment to a reasonable degree, which <br />was appropriated prior to the filing of the application in Case No. 94CW036: <br />