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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 14 discharged (in an amount not to exceed 4.0 MGD in total) at the Black Hawk-Central City Sanitation District's New Plant (as defined herein) is used to offset out-of-priority diversions or effectuate exchanges ofwater from Clear Creek and/or its tributaries and where the water diverted will be used by water customers (including the applicant itself) within the respective applicant's potable water distribution system, and the water so used will be treated, after use, at the Black Hawk-Central City Sanitation District's wastewater treatment plant on North Clear Creek. 33.b. "2000 dollars": shall mean dollars benchmarked to the second quarter 2000 ENR Construction Cost Index, or the index that has been published for the time period closest to July 1, 2000, for Denver (or the ENR 20-City Construction Cost Index ifthe Denver Index is not available). As a reference, the August 1999 second quarter ENR Construction Cost Index for Denver 1449 stood at 4,425.18 (1913=100). 33.c. The two "Seasons" are defined as: November 1 through March 31 and April 1 through October 31. The "Year" is defined as November 1 through October 31. 33.d. The Funding Parties are defined as the City of Black Hawk, the City of Central, the County ofGilpin, the Black Hawk Central City Sanitation District, the City ofThornton, the City of Westminster, the City ofNorthglenn and the Coors Brewing Company. 34. The Applicant has entered into stipulations with the following objectors as to the water quality portion of Case No. 92-CW-059 ("water quality stipulations"): the cities ofCentral, Westminster, and Thornton, and the Coors Brewing Company, which provide that the following provisions shall be incorporated herein: 34.a. The Black Hawk-Central City Sanitation District (the "District") will design, construct and begin operation by December 31, 2005 of a new wastewater treatment plant with an initial capacity of 2.0 million gallons per day at a location downstream of the District's current plant on North Clear Creek (the "New Plant"). This plant may have an ultimate treatment capacity of4.0 million gallons per day under the stipulation in Cases Nos. 92-CW-059, 94-C W-036, 92-CW-168 and 94-CW-277 between the City of Black Hawk, the City ofCentral and the Board of County Commissioners of the County of Gilpin and the City of Thomton, the City of Westminster, the Farmers' High Line Canal and Reservoir Company, the Coors Brewing Company, and the Church Ditch Company, filed January 31, 2000. If the commencement of operation of the New Plant is delayed by issuance or review of permits, or other matters outside of the control of the District, the Funding Parties agree to meet and to use their best efforts to establish a new schedule.