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City oP Golden <br />83cw361 <br />r1 <br />.J <br /> <br />C <br />c. Pursuant to stipulation with Arvada, Golden shall <br />seek approval with the dater Quality Control Commission of an <br />alternate discharge point for the Golden/Coors wastewater <br />treatment plant. Such alternate point shall be to a location <br />downstream of the headgate of the Croke Canal during such periods <br />as the Croke Canal is not diverting all of the flow of Clear <br />Creek under its decreed 1y02 priority, or at any other time <br />during April through October when Arvada is exercising its <br />exchange to the Croke Canal (the "Summer Season"). In the event <br />such alternate discharge point is granted and water is discharged <br />below the Croke Canal during the Summer Season, such water shall <br />be considered as having been discharged above the Croke Canal <br />headgate only for purposes of administering Golden's water rights <br />in relation to the Arvada exchanges that are the subject of Case <br />Nos. W-8083, W-8762 and 82CW359. In such cases, credit snall be <br />given for the foregoing in-house, non-irrigation return flows <br />only when Clear Creek is a live stream between the point of <br />diversion of the Golden Water Works First Enlargement and the <br />point of discharge from the Golden/Coors wastewater treatment <br />plant upstream of the Croke Canal. This non-irrigation return <br />flow credit shall be equal to the lesser of (i) the quantity <br />determined pursuant to paragraph 9.b. above, ~ (ii) the minimum <br />quantity of flow in Clear Creek passing the headgates of senior <br />water rights in the stretch of the stream between the Golden <br />Water Works First Enlargement and the Golden/Coors wastewater <br />treatment pi ant discharge (including cre~it for the effluent as <br />if it were discharged upstream of the ;;roke Canal), provided, <br />however, that nothing herein shall prejudice the right of the <br />Croke to divert. However, if Golden files an application for an <br />alternate point of discharge below the Croke Canal headgate and <br />in good faith reasonably and diligently pursues that application, <br />then if the application is denied by the Water Quality Control <br />Division, Golden may apply to this Court for consideration of <br />additional terms and conditions. <br />10. Irrigation Depletion Criteria. So as to assure the <br />replacement of out-of-priority depletions resulting from <br />irrigation use of the Golden Water Works First Enlargement, the <br />following criteria shall be employed: <br />a. Depletions and return flow Credits shall be <br />calculated on a monthly basis and allocated to daily flow rates <br />using the following factors: <br />(1) Irrigation water use shall be equal <br />water production of the Golde <br />house, non-irrigation water us <br />9.a, above, plus the amount <br />irrigation purposes calculated <br />such water. This calculation <br />the previous i2 months. <br />n water treatment plant <br />to metered <br />minus in- <br />e calculated pursuant to paragraph <br />of any untreated water used for <br />based upon diversion records for <br />shall be based on the records for <br />-11- <br />