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Caae No. 94CW036, Findings of Fact, Conclwions of Law and <br />Decret of the Court Approving Absolute and Conditional Ground <br />Water Rights, Plan of Augmentation and for Change of Water Rights, <br />Application of the City of Black Hawk, <br />Page J6 <br />Case No. <br />Stream <br />Amount (cfs~ Appropriation Date <br />87CW273 <br />North Pork of Clear Creek <br />I.5 12/11/87 <br />Notwithstanding the language in Paragraph 24, above, the Applicant agrees to the following terms <br />and conditions: <br />34.g.(1) The Applicant agrees not to divert the water rights changed <br />herein at the alternate points of diversion located in or above the protected stream segment at times <br />when the CWCB's instream flow water right for North Clear Creek is less than 1.5 cfs as decreed in <br />Case No. 87CW273. <br />34.g.(2) In connection with the diversion ofthe water through the Black <br />Hawk North Clear Creek Well, at any time the stream flow ofNorth Clear Creek (downstream from <br />where the diversions associated with this well impact North Clear Creek) is less than the amounts <br />decreed to the CWCB in Case No. 87CW273, Applicant agrees to replace its diversions from this <br />well in time and amount, upstream from the place where the diversions from this well impact the river <br />system. <br />34.g.(3) The Applicant agrees that it will not make any out-of-priority <br />diversions from the Black Hawk North Clear Creek Well until the Applicant is capable of replacing its <br />diversions upstream of the points where the diversions impact North Clear Creek. <br />34.g.(4) The Applicant also seeks to decree an augmentation plan to <br />permit it to make out-of-priority surface diversions. To the extent that the Applicant seeks to make <br />out-of-priority diversions at the Upper North Clear Creek Pumping Station and Pipeline, the Upper <br />North Clear Creek Pump Station No. 1, the Upper North Clear Creek Pump Station No. 2, the <br />Missouri Creek Reservoir, the Pickle Gulch Reservoir, the Black Hawk North Clear Creek Pump <br />Station (Infiltration Gallery No. 1), the North Clear Creek Pumping Station (Black Hawk Pumping <br />Station), the Applicant agrees that it will not divert from any of these points of diversion or store out- <br />of-priority unless: (a) the CWCB's instream flow water rights are met on North Clear Creek. <br />downstream from the diversion; or (b) Applicant replaces the diversions in time and amount upstream <br />of where those diversions impact North Clear Creek. <br />34.g.(5) The CWCB acknowledges that 0.222 c.f.s. (100 g.p.m.) <br />decreed in Case No. W-204 for the North Clear Creek Pumping Station (Black Hawk Pumping <br />