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~ ,~ <br />' ~ Stipulation <br />Cases Nos. 92-CW-059, 92-CW-168, 94-CW-036 <br />Page Z <br />1.1 "Subsequent Water Court Cases": shall mean water quality aspects of cases filed in the <br />future by Black Hawk, Central City, and/or Gilpin County in which water total approval is sought <br />for augmentation plans and/or water exchanges in which effluent treated and discharged (in an <br />amount not to exceed 4.0 MGD in total) at the Black Hawk-Central City Sanitation District's New <br />'Plant (as defined herein) is used to offset out-of-priority diversions or effectuate exchanges ofwater <br />from Cleaz Creek and/or its tributaries and where the water diverted will be used by water customers <br />(including the applicant itself) within the respective applicant's potable water distribution system, <br />and the water so used will be treated, after use, at the Black Hawk/Central City Sanitation District's <br />wastewater treatment plant on North Clear Creek. <br />1.2 "2000 dollars": shall mean dollazs benchmazked to the second quarter 2000 BNR <br />Construction Cost Index, or the-index that has been published for the time period closest to July 1, <br />2000, for Denver (or the ENR 20-City Construction Cost Index if the Denver Index is not available). <br />As areference, the August 1999 second quarterENR Construction Cost Index forDenver 1999 stood . <br />at 4,425.18 (1913=100). <br />1.3 The two "Seasons" are defined as: November 1 through Mazch 31 and April 1 through <br />October 31. The "Year" is defined as November 1 through October 31. <br />1.4 The "Finding Parties" aze defined as the City of Black Hawk, the City of Central, the County <br />of Gilpin, the Black Hawk Central City Sanitation District, the City of Thornton, the City of <br />Westminster and the Coors Brewing Company. <br />2. Water Oualiiy Terms and Conditions. This stipulation resolves all concerns and issues <br />regarding water quality in the above captioned cases, and Subsequent Water Court Cases, as among <br />the stipulators listed above. This stipulation shall be subj ect to approval by the water court by an <br />order mandating that the following provisions be included in the final decrees which may enter in <br />each of the above captioned cases and in Subsequent Water Court Cases: ' <br />2.1 The Black Hawk-Central City Sanitation District (the "District") will design, construct and <br />begin operation by December 31, 2005 of a new wastewater treatment plant with an initial capacity <br />of 2.0 million gallons per day at a location downstream of the District's cttrreat plant on North Clear <br />Creek (the"NevvPlant"): Thisplantmayhaveanultimatetreatrnnentcapacibjof4.Omilliongallons <br />per day under this stipulation. If the commencement of operation of the New Plant is delayed by <br />issuance or review of permits or other matters outside of the control of the District, the Funding <br />Parties agree to meet and to use their best efforts to establish a new schedule. <br />2.2 The New Plant will incorporate biological nutrient removal ("BNR"). In addition to BNR, <br />1 <br />