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Case No. 94CW036, Findings of Fact, Conclusions of Law and Decree of the Court Approving Absolute and Conditional Cround Water Rights, Plan of Augmentation and for Change of Water Rights, Application of the City of Black Hawk, Page 28 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 20 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. 23.a.(3) 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: Month Avera eg Year Less Than Avera eg Year April 56% 55% May 10% 8% June 8% 8% • July 10% 8% August 19% 17% September S.i% 52% October 56% 56% All required irrigation season return flows for said Church Ditch inches 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 retum flow obligations for the changed water rights shall be completely consumable, No return flow replacements will be required during free river conditions or when the calling right in effect on the affected stream segment is junior to April 14, 1994. Black Hawk shall meet its retum 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, so long as said decreed sources enable the obligations to be met to the satisfaction of the Water Commissioner. 23.a.(4) Winter Obligations: Black Hawk shall make available up to 2,78 acre-feet to the South Platte River during the period of November 1 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 ] 9.b. changed in this case. Releases shall be made at a continuous return rate of 0.02 acre-foot per day for each day that there is a call associated with a downstream water right senior to April 14, 1994. If Black Hawk and the Water Commissioner agree, Black Hawk may release water at a rate in • excess of 0.02 acre-foot per day. Black Hawk shall make these releases at or above the affected