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<br />Case No. 94CW036, Findings of Fact, Conclusions of Law and <br />Decree of the Court Approving Absolute and Conditional Craund <br />W stet Rights, Plan of Augmentation and for Change of Water Rights, <br />Application of the City of Black Hawk, <br />Page 42 <br />the results. Results may be provided in hard copy by mail, electronic format by a-mail, or other <br />manner chat is convenient and satisfactory. Black Hawk, Central City, Gilpin County, or the District <br />may elect at any time to sample more frequently at the requestor's cost. With reasonable notice, any <br />stipulator may request split samples from the District. Any stipulator may collect and analyze flow <br />weighted composite samples independently at its own cost. <br />35.i.(1)In determining the number of days of TP and TIN excursions, the day <br />on which a sample shows a TP or TIN excursion shall be counted, and every subsequent day until a <br />subsequent sample does not show an excursion shall also be counted. For example, if a sample taken <br />on a Monday shows an excursion, while the next sample, taken on the ensuing Friday, does not, then <br />Monday, Tuesday, Wednesday, and Thursday shall all be counted as excursions. Further, all samples <br />collected and analyzed by a certified laboratory and meeting acceptable quality assurance and quality <br />control procedures shall be included in the calculation of seasonal poundage results. <br />36. Any findings regarding the quality of effluent as an augmentation source or substitute <br />supply made herein, and in accordance with the stipulation in Case Nos. 92CW059, 94CW036, <br />92CW 168 a»d 94CW277 among Black Hawk, Central City, Gilpin County, the cities of Thornton, <br />Westminster and Northglenn, the Farmers' High Line Canal and Reservoir Company, et al., filed on <br />January 31, 2000, are the result of compromise and settlement among the parties in the specific <br />circumstances of these cases. <br />37. Applicant has stipulated with Arvada that Applicant shall be entitled to use treated <br />wastewater from the Black Hawk -Central City Sanitation District's existing wastewater treatment <br />plant on North Clear Creek and/or the New Plant as a source of substitute supply in an exchange <br />and/or as credit against out-of-priority diversions or depletions in a plan for augmentation only at <br />times and to the extent such treated wastewater is discharged in compliance with an approved CDPS <br />or NPDES discharge permit (or equivalent, if the permitting agency changes) which includes <br />discharge limitations that are protective of water supply use from those portions of Clear Creek <br />downstream of the discharge point of the above-described wastewater treatment plants and from <br />which Arvada currently diverts water for municipal water supply uses. The Court shall retain <br />continuing jurisdiction hereunder to resolve all disputes that may arise among Arvada, Central City <br />and Black Hawk concerning this term and condition. This term and condition is enforceable only by <br />Arvada. <br />38. Administration of Ground Water Rights. The ground water rights priorities confirmed <br />in paragraphs 13.a and 13.b herein shall be administered based on the filing of the Application in 1994 <br />and shall bejunior in priority to water rights for which applications were filed in previous years. The <br />