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~ - <br />Case No. 94CW036, Findings of Fact, Conclusions of Law and <br />Decree 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 Btack Hawk, <br />Page 39 <br />distribution system, and the water so used will be treated, after use, at the Black Hawk-Central City <br />Sanitation District's wastewater treatment plant on North Clear Creek. <br />35.a.(2) "Stipulators"shall mean the Applicant and the Cities of Central, <br />Northglenn, 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 />far Gilpin County. <br />35.a.{3) "2000 dollars": shall mean dollars benchmarked to the second <br />quarter 2000 ENR Construction Cost Index, or the index that has been published for the time period <br />closest to July 1, 2000, for Denver (or the ENR 20-City Construction Cost Index if the Denver Index <br />is not available). As a reference, the August 1999 second quarter ENR Construction Cost Index for <br />Denver 1999 stood at 4,425.18 (19]3=100). <br />3 S.a.(4) The two "Seasons" are defined as: November 1 through March <br />31 and April 1 through October 1. The "Year" is defined as November I through October 31. <br />35.x.(5) The Funding Parties are defined as the City of Black Hawk, the <br />City of Central, the County of Gilpin, the Black Hawk-Central City Sanitation District, the City of <br />Thomton, the City of Westminster, the City of Northglenn and the Coors Brewing Company. <br />35.6. The Black Hawk-Central City Sanitation District (the "Districf~ will design, <br />construct and begin operation by December 31, 2005 of a new wastewater treatment plant with an <br />initial capacity of 2.0 million gallons per day at a location downstream of the District's current plant <br />on North Clear Creek (the "New Plant"). This plant may have an ultimate treatment capacity of 4.0 <br />million gallons per day under this stipulation. If the commencement of operation of the New Plant is <br />delayed by issuance or review of permits or other matters outside of the control of the District, the <br />Funding Parties agree to meet and to use their best efforts to establish a new schedule. <br />35.c. The New Plant will incorporate biological nutrient removal ("BNR"). In <br />addition to BNR, the New Plant will incorporate additional Tertiary Wastewater Treatment processes <br />to include filtration (flocculation and/or sedimentation may be incorporated in other processes prior to . <br />filtration), and/or other technologies {"TWT") followed by UV disinfection or another appropriate <br />disinfection technology. <br />35.c.(1) The District will be responsible for the design ofthe New Plant <br />and will use sound engineering practices and principles in the design, which may include pilot testing <br />