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Case No. 94CW036, Findings of Fact, Conclusions of Law and <br />Decree otthc Court Approving Absolute and Conditional Ground <br />Water Rights, Plan of Augmentation end for Change of W stet Rights, <br />Application of the City of Slack Hewk, <br />Page 38 <br />storage and all other municipal uses, including the right to use and reuse the water for all of the <br />aforesaid purposes, including reuse by exchange for all of the aforesaid purposes, to extinction all <br />water lawfully diverted. The water may also be used for exchange, for replacement, and for <br />augmentation purposes. Black Hawk is entitled to use the water diverted for all municipal purposes, <br />for exchange, replacement and augmentation, and Black Hawk is entitled to reuse ofthis water for <br />the same purposes. Black Hawk is not entitled to any right of successive use or rights of disposition, <br />as those terms are defined in City & County ofDenver v. Fulton Irrigating Ditch Co., 506 P.2d 144, <br />146-47 (Colo. 1972), of the absolute or conditional groundwater rights decreed herein. <br />34.1. The plan of augmentation approved herein is limited to 614 acre feet ofout-of- <br />priority diversions in any one calendar year and to augmentation of 39 acre feet of net depletions <br />resulting from said 614 acre feet ofout-of-priority diversions in any calendar year. <br />34.m. Black Hawk is not entitled to use water initially diverted pursuant to the decree <br />in Case No. 93CW055 as a source of substitute supply in an augmentation plan that replaces <br />depletions from out-of-priority diversions by rights with priority dates senior to May 28, 1993. If <br />water diverted by Black Hawk pursuant to the decree in Case No. 93CW055 has been applied to a <br />beneficial use and remains in Black Hawk's dominion and control as reusable effluent, Black Hawk is <br />entitled to use this reusable effluent as a source of substitute supply in a plan for augmentation that <br />replaces depletions from out-of-priority diversions by rights with priority dates senior to May 28, <br />1993. <br />35. Pursuant to the water quality stipulations between the Applicant and Cities of Central, <br />Northgienn, Westminster, Thornton, the Coors Brewing Company, the Farmers' High Line Canal and <br />Reservoir Company, the Church Ditch Company, FRICO, and the Board of County Commissioners <br />for Gilpin County, the following provisions are made a part ofthis decree: <br />35.a. Definitions. The following terms shall have the following meanings: <br />35.a.(1) "Subsequent Water Court Cases": shall mean water quality <br />aspects of cases filed in the future by Black Hawk, Central City, and/or Gilpin County in which water <br />court approval is sought for augmentation plans and/or water exchanges in which effluent treated and <br />discharged (in an amount not to exceed 4.0 MGD in total) at the Black Hawk-Central City Sanitation' <br />District's New Plant (as defined herein) is used to offset out-of-priority diversions or effectuate <br />exchanges of water from ClearCreekand/or its tributaries and where the water diverted will be used <br />by water customers (including the applicant itsel#} within the respective applicant's potable water <br />