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Case No. 93C WO55, Findings of Fact, Conclusions of Law and <br />Decree of the Water Court Approving Conditional Direct Flow Water Right <br />Application of The City of Black Hawk <br />Page 5 <br />16.f. The place of use for the City of Black Hawk E8luent Diversion shall be <br />any place served in the present or in the future by the City ofBlack Hawk's treated water and/or raw <br />water systems. <br />16.g. Black Hawk's appropriation is ofthe "unappropriated" waters ofNorth <br />Clear Creek. Thus, it may divert effluent resulting from decreed "one-use" surface water or <br />groundwater. Black Hawk is not entitled to divert, or place a call on, any effluent that is subject, <br />either now or in the future, to a decreed right of reuse. Reusable effluent is not available for <br />appropriation until it has left the dominion and control of the party owning the reuse right. To the <br />extent that "one use" effluent is available for appropriation at the outfall of the Black Hawk-Central <br />City Wastewater Treatment Plant, either now or within a reasonable period in the future, Black Hawk <br />is entitled to divert such effluent up to its claimed amount of 5.0 c.f.s. Black Hawk may divert its <br />claimed 5.0 c.f.s. from the current or future wastewater treatment plant outfall. <br />16.h. Black Hawk is not entitled to use water initially diverted pursuant to <br />this decree as a source of substitute supply for an exchange with a priority date senior to May 28, <br />1993 unless the water right decreed herein is in priority at the time the exchange is operated. If water <br />diverted by Black Hawk under this decree has been applied to a beneficial use and remains in Black <br />Hawk's dominion and control as reusable effluent, Black Hawk is entitled to use this reusable effluent <br />as a source of substitute supply for an exchange with a priority date senior to May 28, 1993, <br />regardless of whether the right decreed herein is in priority at the time the exchange is operated. <br />16.i. Black Hawk is not entitled to use water initially diverted pursuant to <br />this decree as a source of substitute supply in a plan for augmentation that replaces out-of-priority <br />diversions by rights with priority dates senior to May 28, 1993. If water diverted by Black Hawk <br />under this decree has been applied to a beneficial use and remains in Black Hawk's dominion and <br />control as reusable effluent, Black Hawk is entitled to use this reusable effluent as a source of <br />substitute supply in a plan for augmentation that replaces out-of-priority diversions by rights with <br />priority dates senior to May 28, 1993. <br />17. Applicant shall install and maintain adequate measuring devices as may be <br />reasonably required by the Division Engineer. Applicant shall account for its operations under this <br />decree on a daily basis using accounting forms approved by the Division Engineer. The accounting <br />shall be reported to the Division Engineer or Water Commissioner on at least a weekly basis and shall <br />be made available to Objectors at their request upon the payment of reasonable costs therefor. All <br />diversions made by Applicant shall be measured and recorded on the forms, including the water right <br />and type of water diverted. Wastewater effluent shall be measured at the point of discharge to North <br />Clear Creek, and wastewater accounting shall include an accounting for wastewater inflows, type of <br />