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Case No. 92-CW-059, Findings of Fact, Conclusions of Law and Decree of the Court Approving Conditional Appropriative Rights of Substitution and Exchange, Application of The City of Black Hawk, Page I1 the delivery at the exchange-from points of water for which Applicant has the right to only a single use, provided that Applicant shall only be entitled to a single use ofwater diverted at the exchange-to points based upon delivery of single use water diverted at the exchange-from points. To the extent that Applicant has the decreed right to fully consume water diverted under the exchanges, Applicant shall be entitled to fully consume such water by direct use, storage and subsequent release, reuse, successive use, further exchange, and4r disposition. 28.g. Place of Use: The place of use is the service area of the City of Black Hawk as it presently exists and as it may exist in the future and any location capable of service from the exchange-to points. 28.h. If Black Hawk's diversion right decreed in Case No. 93CW055 is not in priority at the time Black Hawk operates the exchange decreed herein, Black Hawk is not entitled to use its initial diversion of water under the decree in Case No. 93C WO55 as substitute supply for the exchange. If Black Hawk's diversion right decreed in Case No. 93C WO55 is in priority when Black Hawk operates the exchange decreed herein, Black Hawk is entitled to use the water initially diverted under the decree in Case No. 93CW055 as substitute supply for the exchange. If the water diverted by Black Hawk under the decree in Case No. 93CW055 has been once used and remains in Black Hawk's dominion and control as reusable effluent, Black Hawk is entitled to use this reusable effluent as substitute supply for the exchange decreed herein, regardless of whether its direct diversion under the decree in Case No. 93CW055 is in priority when the exchange is operated. 29. Pursuant to the provisions of C.R.S. § 37-92-502(5)(a),Applicantshall install such measuring devices as are required by the Division Engineer to administer this decree prior to the implementation of any exchange contemplated by this decree. Applicant shall not be required to install and or maintain measuring devices as may be required by the decree in Case No. 87CW273. 30. The Applicant agrees to curtail and not operate the exchange in the protected stream segment at times when and to the extent that 1.5 c.f.s. is not available in North Clear Creek for the instream flow water right decreed in Case No. 87CW273 for said segment. The protected stream segment in Case No. 87CW273 is the natural channel of North Clear Creek with the upstream terminus at Pine Creek at latitude 39°50'31" North and longitude 105°34'24" West and with the downstream terminus at the confluence ofNorth Clear Creek at Chase Gulch (Quartz Valley) in the SW'/< NW'/a of Section 7, T.3.S., R.72W. of the 6'" P.M., in Gilpin County, Colorado at a point approximately 900 feet east of the west section line and 2,100 feet south of the north section line of said Section 7. 31. The exchanges described herein are subject to the following conditions: