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1.1 "Subsequent Water Court Cases": shall mean water quality aspects ofcases <br />filed in the future by Black Hawk, Central City, and/or Gilpin County inwhich watercorirtapproval <br />is sought for ;urgmcnlation plans and/or water exchmigcs in which effluent h~catrd and discharged <br />(in an amount nut to exceed 4.0 MGD in [Dial) at the Black l~l:nvk-Central Cily $anitatio~n Disurict's <br />Ncw Plant (as defined herein) is used to offset out-of-priority diversions or cffechrue cschanges of <br />water from Clear Creek and/or its tributaries and where the water diverted will be used by water <br />customers (including the applic:mt itself) within the respective aj~plicanPs potable waterdistribulion <br />system, and the water so used will be treated, after use, at the Black Hawk-Central City Sanitation <br />District's 4vaslewater treatment plant on North Clear Creek. <br />1.2 "2000 dollars": shall mean dollars benchntarked to the second quarter 2000 <br />ENR Construction Cost Index, or the index that has been published for the time period closest to <br />July 1, 2000, for Denver (or the I;NR 20-City Construction Cost Index if the Denver Index is not <br />available). AsareCerence,theAugust1999secondquarterENRConstructionCostIndexforDenver <br />1999 stood at 4,425.IS (1913=100). <br />1.3 '. .The two "Seasons" are defined as: November 1 tluough March 31 and April <br />1 through October 31. The "Year" is defined as November ] through October 31. <br />1.4 The "Fwiding Parties" are defined as the City of Black Hawk, the City of <br />Central, the Cormty of Gilpin, the B Iac]:Hawk-Central City Sanitation District, the Cily ofThornton, <br />the City of Wcsunins[er and the Coors Brewing Company. <br />2. The District will design, construct and begin operation by December 31-, 2005 of a <br />new wastevvaler treatment plan[ with an initial capacity of2.0 million gallons per day at a location <br />downstream of the District's current plant on North Clear Creek (the "New Plant"). The Stipulation <br />addresses a lreatmeut capacity of up to 4.0 million gallons per day. If the commencement of <br />operation oCthe New Plant is delayed by issuance or review ofpennits or other matters outside of <br />.the control of the D istrict, under the Stipulation (Bxhibit A hereto) the Funding Pmties agree to meet <br />and to use their best efforts to establish a new schedule. <br />3. The New Plantwi]lincorf~oratebiologicalnutrien[removal("BNR").In~addition to <br />BNR, the New Plant will i ncorporate additional Tertiary Wastewater Treatment processes to include <br />filtration (flocculatiai 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, if the Funding Parties have fulfilled their obligations under paragraph 5. <br />4. ~ The District will be responsible for the design of fire New Plant and. will use sound <br />engineering practices and principles in the design, which may include pilot testing of.~UV and/or <br />other technologies where appropriate. The signators (the "stipulators") of the Stipula[ibn O;xhibit <br />A hereto) shall be given the opporhtnity to review and comment upon all phases ofithe design <br />process prior to the bidding process For the construction ofTWT facilities at the New Plant. <br />S. As stated in the Stipulation, the FundingParties anticipate that the additional design <br />and construction cost of the TWT processes at the New Plant will not exceed $1.5 million in 2000 <br />dollars. The District is solely responsible for all costs of design and construction of the Nc4v Plunl <br />escent those costs ofTWT specifically allocated to other Funding Parties by this paragraph no. 5. <br />•2- <br />