Laserfiche WebLink
Case No. 92-C W-059, Findings of Fact, Conclusions of Law and <br />Decree of [he Court Approving Conditional Appropriative Rights of <br />Substitution and Exchange, Application of The City of Black Hawk, <br />Page I2 <br />point <br />31.a. Water is physically available for diversion or storage at the exchange-to <br />31.6. Applicant shall operate the exchange when the exchange is in priority <br />and only at times when a live stream exists between the exchange-to point and the actual location <br />where substitute supply water is introduced to the stream at the exchange-from point involved; <br />provided, however, that notwithstanding the foregoing provision, the Division Engineer or his <br />representative, on a case-by-case basis, may authorize exchanges which command the entire flow of <br />the stream if he determines that there will be no injury to any other water user. <br />31.c. Subject to paragraph 14, the amount of water diverted at the exchange- <br />topoints is not greater than the amount ofwater delivered to the stream at the exchange-from points, <br />or is not greater than the amount ofwater legally and physically available to the exchanged water <br />rights priorities owned by the Applicant at the exchange-from points. <br />31.d. Applicant shall bear such stream losses incurred in operating the <br />exchanges, if any, assessed by the Division Engineer or Water Commissioner. <br />31.e. Applicant shall notify and obtain the approval of the Water <br />Commissioner prior to operating any of the exchanges decreed herein, and shall notify the Water <br />Commissioner upon the completion of such operation. <br />31.f. No exchanges shall occur using Church Ditch water as a substitute <br />supply to satisfy senior rights downstream of the point described in paragraph 15.g, above: (1) until <br />such time as Black Hawk secures a right to use existing augmentation structures or constructs its own <br />such structures on the Church Ditch, and (2) uses said structures in any such exchange. <br />31.g. Applicant understands that the rules and regulations imposed by Church <br />Ditch on its inchholders apply equally to Applicant. If Applicant's pro rata share of Church Ditch is <br />not in priority or becomes unavailable to Applicant for any reason, Applicant shall not be entitled to <br />operate the Church Ditch exchange respectively. <br />31.h. Should the water and water rights deliverable under the Lease <br />Agreement between the City of Black Hawk and Coors Brewing Company dated March 1D, 1992, <br />become unavailable for use by Applicant for any reason, Applicant shall not be entitled to use such <br />water as a source of substitute supply unless and until such water again becomes available for use by <br />