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.. ~~ <br />-". . <br />/' <br />' ' Stipulation <br />Cases Nas. 92-CW-059, 92_CW-163, 94-CW-036 <br />Page 7 <br />exceeds 20 mg/1. <br />4. Gilpin County Case. <br />4.1 In Case No. 94-CW-277, GApin County, Thornton, Westminster, the Farmer's High Line <br />Canal and Reservoir Company and the Farmers' Reservoir and Irrigafion Company stipulated to a <br />settlement that included the following provision: <br />"Gilpin agrees not to apply to use its wastewater as a substitute supply in any <br />exchange or augmentation plan or to lease or otherwise dispose of its wastewater <br />until after the earlier of (1) a final determination of whether wastewater from the <br />Black Hawk/Central City Sanitation District Plant meets or can be made to meet the <br />quality requirements of C.R.S. § 37-92-305(5) and § 37-80-120, or (2) final decrees <br />in the pending application of the City of Black Hawk in Case No. 94-CW-036 and <br />the City of Central in Consolidated Cases Nos. 91-CW-125, 92-CW-168, and 94- <br />CW-063." <br />Northglenn, Thomton, and Westminster and the Farmers' HighLine Cana! and Reservoir Company <br />hereby agree that they will not assert that the quality of the water from the Existing Plant (until the <br />New Plant is operational or December 31, 2005, whichever comes fizst) or the New Plant (when it <br />is constructed and in operation) is not incompliance with the quality requirements of C.R.S. § 37- <br />92-305(5) and § 37-80-120; and agree that GilpinCounty may use e$luent fromthe applicable plant <br />as a substitute supply in a future exchange or augmentation plan, and may otherwise dispose of its ' <br />wastewater, so long as it is treated and dischazged incompliance with the terms of this stipulation. <br />Any ruling or decree in a Subsequent Water Court Case using Gilpin County's. effluent as an <br />augmentation source or substitute supply pursuant to this stipulation shall contain the following <br />finding: . <br />"Any fmdings regazding the qualibj of effluent as an augmentation, source or <br />substitute supply made herein, and in accordance with the stipulation in Cases Nos. <br />92-CW-059, 94-CW-036, 92-CW-168, and 94-CW-277 among B1ackHawk, Central <br />City, Gilpin County, the cities-of Thomton, Westminster and Northglenn, the <br />Farmers' High Line Canal and Reservoir Company, et al., dated January _, 2000, <br />are the result of compromise and settlement among the parties in the specific <br />circumstances of these cases." <br />4.2 The stipulators agree thatthis stipulation does not supercede the prior stipulation entered <br />into beriveen Coors and Gilpin County on September 5, 1997 in Case No. 94CW277 and that the <br />September 5, 1997 stipulations remain in full force and effect. <br />t <br />