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PERMFILE45475
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PERMFILE45475
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Entry Properties
Last modified
8/24/2016 10:47:50 PM
Creation date
11/20/2007 12:22:45 PM
Metadata
Fields
Template:
DRMS Permit Index
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
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Case Na. 94CW036, Findings of Fact, Conclusions afLaw end <br />Decrse otthe Court Approving Absolute and Conditional Ground <br />Water Rights, Plan of Augmentation and for Change of W ater Rights, <br />Application of the City of Black Ftawk, <br />Page 37 <br />Station) is senior to the CWCB's instream flow water rights in North Clear Creek decreed in Case <br />No. 87C W273. <br />34.g.(6) So alto assure the operation ofthe augmentation and exchange <br />plan, Applicant will install and maintain such water measuring devices, implement such accounting <br />procedures, and provide such calculations as may be required by the State or Division Engineer to <br />administer the terms of this decree; but, Applicant shall not be required to install and/or maintain <br />measuring devices as may be required by the decree in Case No. 87CW273. The Colorado Water <br />Conservation Board shall have access to any such measuring device(s) at reasonable times in order to <br />make readings therefrom. <br />34.h. Nothing herein shall be construed to create any right ofApplicant to utilize <br />land or structures owned by parties other than Applicant for the diversion ofwater. Further, the entry <br />ofthis decree shall neither enlarge nor diminish any right to use lands, structures or facilities curcently <br />possessed by Applicant. Applicant may utilize existing water diversion, carriage, and storage <br />structures only to the extent it has acquired the right to so use such structure from the appropriate <br />entities, by purchase or by other appropriate means. Similarly, Applicant may utilize land for the <br />construction and operation of such structures only to the extent it has acquired the right to so use <br />such land from the appropriate entities, by purchase or by other appropriate means. <br />34.i. Required return flows under this decree shall be maintained by making releases <br />of replacement water directly to Clear Creek and its tributaries, Big Dry Creek or the South Platte <br />River. Applicant shall not maintain required return flows by releases of replacement water, or <br />otherwise introduce any water from any source, directly into the Croke Canal, the Church Ditch, the <br />Fanners' High Line Canal, or Standley Lake without the written consent of the relevant ditch <br />company. No releases from Fairmont Reservoir, Maple Grove Reservoir or Welton Reservoir <br />directly to the Croke Canal, the Church Ditch, the Farmers' High Line Canal or Standley Lake are <br />authorized by this decree without the written consent of the relevant ditch company. <br />34 j. Applicant's storage in Standley Lake is limited to its pro rata share of existing <br />FRICO storage. Applicant has no present independent storage space in Standley Lake nor does it <br />have the right to store any water that is not derived from its FRICO share ownership in Standley <br />Lake. <br />34.k. The decreed uses for the absolute and conditional ground water rights <br />described in paragraphs 13.a, 13.6, 13.c, and 13.d, above, are alt municipal purposes, including <br />domestic, irigation, industrial, commercial, fire protection, stockwatering, recreation, piscatorial, <br />
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