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hereto and incorporated herein. This decree provides that in the event of specific water quality <br />exceedences at the Plant, Black Hawk will not be able to utilize effluent in its augmentation plan, <br />which could result in curtailment of water diversions by Black Hawk. Thus, Black Hawk will suffer <br />direct injury to its water rights if there are violations at the Plant. <br />Further, the City's commitment and duty to respond to calls for emergency services along the <br />Highway 119 Corridor, as shown by the Consent Judgment in Case No. O1CV15, Black Hawk's <br />Exhibit 23, attached hereto and incorporated herein will be directly affected, potentially at great <br />expense to the City, by the proposed quarry. Under the Consent Decree, the City is required to <br />respond to any emergencies at the Plant, which would include hazardous material incidents that <br />occur as a result of the potential yet unknown impacts of Applicant's blasting on Plant elements such <br />as fixed chemical storage tanks; to respond to any emergencies at the mine itself; to respond to <br />emergencies along Highway 119; and to review and approve the Applicant's blasting plan. <br />Therefore, regardless of when the City articulated its legitimate legal interests in water rights, <br />the Black Hawk-Central City Sanitation District Wastewater Treatment Plant and the Highway 1 19 <br />Corridor and expressed the threat posed thereto by the application, the City's standing to participate <br />in this proceeding cannot be denied. <br />Moreover, the Boazd has an affirmative statutory authority to consider the impact that an <br />application will have on the prevailing hydrologic balance under C.R.S. § 34-32.5-116(4)(h) and as <br />part of its diligent confirmation that an application will not violate federal, state, or local laws as is <br />prohibited by C.R.S. § 34-32.5-115(4)(d). It would be a plain violation of state law for the Board to <br />approve an application with an acknowledged potential impact on water rights, as this application <br />has according to the Response of the Office of the State Engineer dated September ] 5, 2005. <br />6 <br />