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PERMFILE107950
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PERMFILE107950
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Entry Properties
Last modified
8/24/2016 10:00:25 PM
Creation date
11/24/2007 4:02:16 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2004067
IBM Index Class Name
Permit File
Doc Date
11/21/2005
Doc Name
Master List: Exhibits 1-209 Exhibits 20-25
From
City of Black Hawk
To
DMG
Media Type
D
Archive
No
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Case No. 93CW055, Findings of Fact, Conclusions of Law and <br />Decree of [he Water Court Approving Conditional Direc[ Flow Wa[er Righ[ <br />Application of The City of Black Hawk <br />Page 4 <br />ORDER. JUDGMENT AND DECREE <br />Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby adjudged, <br />ordered and decreed that: <br />15. Each of the Findings of Fact and each of the Conclusions of Law set forth <br />above is incorporated herein by this reference. <br />16. The conditional direct flow water rightdescribed above is hereby granted and <br />approved as requested, subject to the following changes and the following terms and conditions: <br />16.a. The name and the locations of the City of Black Hawk Effluent <br />Diversion are as set forth above in Paragraph Nos. S.a. and 8.6. <br />16.b. The source of water for the City of Black Hawk Effluent Diversion is <br />as set forth above in Paragraph No. 8.c. <br />16.c. The amount of water decreed to the City of Black Hawk Effluent <br />Diversion is 5.0 c.f.s., conditional. <br />16.d. The uses of water decreed to the City of Black Hawk Effluent <br />Diversion are all municipal purposes, including domestic, irrigation, industrial, commercial, fire <br />protection, stockwatering, recreation, piscatorial, storage and all other municipal purposes. The <br />water may also be used by exchange for the foregoing purposes, for replacement, and for <br />augmentation purposes. Additionally, Applicant shall have the right to use and reuse, for all of the <br />aforesaid purposes, including reuse by exchange for all said purposes, all water lawfully diverted <br />and/or stored under this decree and shall account for such uses on accounting forms reasonably <br />acceptable to the Division Engineer. Applicant is entitled to reuse to extinction water diverted <br />pursuant to this decree, or diverted based on use of water diverted under this decree as a source of <br />substitute supply for exchange or augmentation. Black Hawk is not entitled to any right of successive <br />use or rights of disposition, as those terms are defined in City & County of Denver v. Fulton <br />Irrigating Drtch Co., 506 P.2d 144, 146-47 (Colo. 1972), of the water diverted pursuant to this <br />decree. <br />16.e. Based upon the Court's Order of January 16, 2003, the date of the <br />appropriation for the City of Black Hawk Effluent Diversion is May 28, 1993. <br />
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