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Case No. 92-C W-059, Findings of Fac[, Conclusions of Law and <br />Decree of the Court Approving Conditional Appropriative Righ[s of <br />Substitution and Exchange, Application of The City of Black Hawk, <br />Page 10 <br />28. The conditional appropriative rights of substitution and exchange described <br />above are granted, confirmed, and approved, subject to the terms and conditions described in the <br />decrees associated with the sources of substitute supply listed herein as follows: <br />28.a. The names, legal locations and sources of said structures through which <br />or into which water will be diverted and/or stored by exchange ("exchange-to points")areas set forth <br />above in paragraphs nos. 13.a. to 13.m., inclusive. <br />28.b. The sources of substitute supply for the conditional appropriative rights <br />of substitution and exchange are as set forth above in paragraph no. 14, and are limited thereby. No <br />other sources of substitute supply may be used in the conditional appropriative rights of substitution <br />and exchange decreed herein. Exchanges made under this decree from the exchange-from point <br />described in paragraph 15.g, above, shall be limited to a volumetric limit of 700 acre feet in any <br />calendar year from said exchange-from point. <br />28.c. The points ("exchange-from points') at which Applicant shall make <br />substitute supplies available to allow diversion by exchange are as set forth above in paragraphs nos. <br />15.a to 15.g, inclusive. Substitute supplies shall be delivered to the stream above the calling right. <br />28.d. The date of the initiation of the appropriation is May 29, 1992. <br />28.e. The amount of water decreed is: 14 c.f.s., conditional, when being <br />exchanged for storage or for a combination of storage and direct flow use; 7 c.f.s., conditional when <br />being exchanged for direct use only. Black Hawk is limited to 14 c.f.s. total diversions at all <br />exchange-to points at any given time. Of this total, no more than 7 c.f.s. may be diverted for direct <br />use at any given time. <br />28.f. The decreed uses are all municipal purposes, including domestic, <br />irrigation, industrial, commercial, fire protection, stockwatering, recreation, piscatorial, storage, <br />sewage treatment, street sprinkling, irrigation of parks, lawns and grounds, maintenance and <br />preservation of wildlife and aesthetic values, lake and reservoir evaporation, augmentation and <br />replacement, adjustment and regulation of Applicant's water supply system, including exchange <br />within Applicant's system and with other water users. Applicant also shall have the right to use, <br />reuse, successively use and dispose of, by sale, exchange or otherwise to extinction all water lawfully <br />diverted and/or impounded pursuant to this decree subject to the following provisions. Applicant is <br />entitled to fully consume the same amount of water diverted by exchange as the amount of decreed <br />fully-consumable water being simultaneously delivered to or made available at the exchange-from <br />points under the subject water rights. Applicant shall have the right to divert by exchange based upon <br />