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Case No. 94Cw'036, 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 24 Month Averaee Year Less Than Averase Year April 56% 55% May 10% $% June 8% g% July 10% 8% August 19% 17% September 53% 52% October 56% 56% • All required irrigation season return flows for the Church Ditch inches described in paragraph 18.b.(2)(a)(i) above will be delivered to Big Dry Creek. All required irrigation season return flows for the Church Ditch inches described in paragraph 18.b.(2)(a)(ii) above will be delivered to Clear Creek. Water which is diverted or divertible as quantified to the satisfaction of the Water Commissioner under the changed water rights, which is not used to meet historic return flow obligations for the changed water rights, shalt be completely consumable. No return flow replacements will be required for the Church Ditch inches described in paragraph 18.b.(2)(a)(i) above during free river conditions or when the calling right in effect on the affected stream segment is junior to April 14, 1994. No return flow replacements will be required for the Church Ditch inches described in paragraph 18.b.(2)(a)(ii) above during free river conditions or when the calling right in effect on the affected stream segment is junior to March 28, 2002. Black Hawk shall meet its return flow obligations by making discharges of Black Hawk's interest in the changed water rights in amounts set forth herein and/or from any other decreed sources available to it. 22.c. Volumetric Limitations: In order to prevent Black Hawk's future use ofthe changed water rights from exceeding the historical use, the maximum volume of water which may be diverted must also be limited. The maximum river headgate diversions which Black Hawk may receive, use, or take credit for under the changed water rights during the irrigation season of April I through October 31 for the Church Ditch water rights identified in paragraph 18.c. and during any period of twenty consecutive seasons are set forth in the following table: U