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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 R'a[er Rights, Application of the City of Black Hawk, Page 25 Maximum River Headgate Maximum Annual River Diversions for Twent~Years (AF) Headgate Diversion (AF) Church Ditch inches 2164 159 Until these changes have been in operation for a full 20 years, there will be no base period against which to measure Black Hawk's continuing, consecutive 20-year average diversion limitations; therefore, to avoid risk of injury during the first ZO years, Black Hawk may take credit for no more than one-half of the above amounts in the first ten years after entry of this decree. 22.d. Winter Return Obligations: Black Hawk shall make available up to 7.16 acre-feet to the South Platte River during the period of November l through March 31 to replace historic return flow obligations during periods when there are calls from water rights senior to April • 14, 1994 located downstream from the historic places of use of the water rights listed in paragraph 18.6. changed in this case. The 7.16 acre-feet is broken down as follows: 4.47 acre-feet for the 32.5 inches in the Church Ditch described in paragraph 18.b.(2)(a)(i) above and 2.69 acre-feet for the 19.6 inches in the Church Ditch described in paragraph 18.b.(2)(a)(ii) above. Releases shall be made at a continuous return rate of 0.03 acre-foot per day for the Church Ditch inches described in paragraph 18.b.(2)(a)(i) above for each day that there is a call associated with a downstream water right senior to April 14, 1994. Releases shall be made at a continuous return rate of 0.02 acre-foot per day for the Church Ditch inches described in paragraph 18.b.(Z}(a)(ii) above for each day that there is a call associated with a downstream water right senior to March 28, 2002. If Black Hawk and the Water Commissioner agree, Black Hawk may release water at a rate in excess of the above rates. Black Hawk shall make these releases at or above the affected senior water right from any and all decreed sources of water available to Black Hawk at the time of the calls, including but not limited to those sources listed in Paragraphs 18.b. and/or 19.b., above. 22.e. Applicant may not divert its Church Ditch inches described in paragraph 18 at an alternate point of diversion unless the rate at which water is to be diverted at the alternate point is physically and legally available at the original Church Ditch Clear Creek diversion point. Any call made by Applicant on the mainstem of Clear Creek shall be administered at the Church Ditch Clear Creek diversion point, not at the alternate point of diversion. Water diverted at the alternate point of diversion shall be considered to be part of the amount of water appropriated for diversion at the decreed Church Ditch Clear Creek diversion point. •