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1.1 "Subsequent Water Court Cases": shall mean water quality aspects of cases <br />filed in the future by Blaclc I-Iawl<, Central City, and/or Gilpin County in which water court approval <br />is sought for augmentation plans and/or water exchanges in which effluent treated and discharged <br />(in an amount no( to exceed 4.0 MGD in total) at.Otc IIlacl:l-lawl:-Central City Sanitation DisU•icl's <br />Ncw Plant (as defined herein) is used to offset out-oC'-priority diversions or ePfecluate excltangcs of <br />water from Clear Crcck and/or its tributaries mtd where fhe water diverted will be used by water <br />customers (including the applicant itself) within the respecti ve aj~plicant's potable waterdistribution <br />system, astd the wales so used will be treated, after use, at the Black Hawk-Central City Sanitation <br />District's wastewater treatment plant on North Clear Creek. <br />1.2 "2000 dollars": shall mean dollm's bencUmarked to the second quarter 2000 <br />GNR Construction Cost Index, or the index that has licen published for the time period closest to <br />July 1, 2000, for Denver (or the 1;NR 20-City Construction Cost Index if the Denver Index is not <br />available). As a reference, the August ] 999 second qum'terENR Constntcti on Cost Index forDenver <br />1999 stood at4,425.t8 (1913=100). <br />1.3 . .The two "Seasons" are defined as: November I through March 31 and April <br />1 through October 31. The "Year" is defined as November l through October 31. <br />1.4 The "Funding Parties" are defined as the City of Black 1-Iawl., the City of <br />Central, the County of Gilpin, the Blac]<Hawk-Central City Sanitation District, the City ofThontton, <br />the City of Westminster and the Coors Brewing Company. <br />2. The District will design, construct and begin operation by December 31, 2005 of a <br />new wastewater treatment plant with an initial capacity of 2.0 million gallons per day at a location <br />downslrcatitoftheDistric['scurrentplantonNorthClearCreek(dte"NewPlant"). ThcStipulalion. <br />addresses a treatment capacity of up to 4.0 million gallons per day. If the commencement of <br />operation oCthe New Plant is delayed by issuance or review of permits or other matters outside of <br />the conh•ol ofthc District, under the Stipulation (Tixltibit A hereto) the Funding Patties agree to meet <br />and to use their best efforts to establish a new schedule. <br />3. The New Plantwfl] incor(,orate biological nutrient removal ("BNR"). In addition to <br />BNR, the New Plant will incorporate additional Tertiary Wastewater Treatment processes to inslode <br />filtration (flocculation and/or sedimentation may be incorporated in other processes prior to <br />filtration), and/or other technologies ("TWT")`followed by UV disinfection or another appropriate <br />disinfection technology, if the Funding Parties have fulfilled their obligations under paragraph 5. <br />4. The District will be responsible for the design of the New Plattt and, will use sound <br />engineering practices and principles in the design, which may include pilot testing of.UV and/or <br />othe[ fechnologics where appropriate. The signalors (the "stipulators") of the Stipulation O;xhibit <br />A hereto) shall be given the opportunity to review and comment upon all phases of the design <br />process prior to the bidding process for the construction of TWT facilities at Ute New Plant. <br />5. As stated in the Stipulation, the FundingParties anticipate that the additional design <br />and construction cost ofthe TWT processes at the New Plant will not exceed $1.5 million in 2000 <br />dollars. The pisu ict is solely responsible for all costs of design and construction of the Ncw Plant <br />excettt those costs oFTWT specifically allocated to other Funding Pm~ties Uy this paragraph no. 5. <br />-2- <br />