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Case No. 94CW036, Findings of Fact, Conclusions of Law and Decree of the Court Approving Absolute and Conditional Ground Water Rights, Plan of Augmentation and for Change of Water Rights, Application of the City of Black Hawk, Page 23 paragraph 18.b., above, and changed by this decree and will preclude injury to the vested and decreed conditional water rights of others. 22.a. Time Limitations: Black Hawk may divert, take credit for, and/or take delivery ofwater produced from the exercise ofthe water rights listed in paragraph 18.b., above, for direct use, storage, and/or replacement ofout-of-priority depletions resulting from the exercise ofthe water rights listed in paragraph ] 5. Said diversions, deliveries, or use of the subject water rights will be limited to seasonal limitations described in paragraph 22.c. of this Decree. Nothing in this paragraph, however, shall be deemed to affect the relationship between Black Hawk and the Church Ditch Company with respect to the rights of Black Hawk as an "inch-holder" to request said company to commence or terminate diversions for use by Slack Hawk. 22.b. Average Year or Less than Average Year Determination: Black Hawk shall determine whether to utilize the less than average or average return factors as follows: (1) If the • March water supply outlook by the United States Soil Conservation Service forecasts an April- September flow at Clear Creek Gauge near Golden of 105,000 acre-feet or less (adjusted to include only natural flow water, City of Golden diversions, and Church Ditch diversions less augmentation plan or change of water right returns upstream of the gauge), then the "Less than Average Year" percentage shall be used for the month of April; (2) If an April-September flow of more than 105,000 acre-feet (adjusted as set forth above) is forecast, then the "Average Year" percentage shall be used for the month of April; and (3) Thereafter, on the first days of May, June, July, August, September and October, the determination of which percentage to use shall be based upon the number of acre- feet of natural flow water passing the Clear Creek Gauge near Golden (adjusted as set forth above) during the preceding month; if the flow is equal to or less than the amount set forth below for that month, then the "Less than Average Year" percentage shall be used for the following month; if the amount is greater than that amount for that month, then the "Average Year" percentage shall be used for the following month. Monthly Clear Creek Flows At Golden Gauge (Acre-Feet] April Mav June J~~ August September 4,100 20,000 41,000 23,500 11,500 5,900 22.b.(1) Church Ditch Irrigation Season Return Flows. The percentage of water delivered by the Church Ditch to the account of Black Hawk to be returned to the stream • system at the times and locations specified below shall be as follows: