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EXHIBIT C - part I <br /> EXHIBIT 1 <br /> INTERGOVERNMENTAL AGREEMENT <br /> This Intergovernmental Agreement is made this tday of 0141o138-+"" , 2004, <br /> by and between the City of Northglenn, Colorado, a Colorado home municipal <br /> corporation ("Northglenn") and the City of Westminster, Colorado, a Colorado home <br /> municipal corporation ("Westminster"). The parties shall be referred to collectively as <br /> the "Cities." <br /> RECITALS <br /> A. Northglenn incorporated the Church Ditch Company (the "Company"), a <br /> Colorado corporation, formed to operate and maintain the Church Ditch (the "Ditch"), a <br /> carrier ditch organized pursuant to C.R.S. § 7-42-101, et seq. The Company owns <br /> miscellaneous real and personal property interests associated with the Ditch; <br /> B. Northglenn owns a two-thirds interest and Westminster owns a one-third interest <br /> as tenants in common in the water rights, and diversion structures associated with the <br /> Ditch, fee title of certain easements, rights-of-way, licenses and other real property <br /> interests associated with the Ditch, as well as certain prescriptive rights associated with <br /> the Ditch. The water rights and diversion structures owned by the Cities are those <br /> identified in Exhibit A, attached hereto and incorporated herein by this reference. An <br /> index of those known interests in property is attached hereto as Exhibit B, and <br /> incorporated herein by this reference; <br /> C. The financial interest and control of the assets of the Company is vested in <br /> Northglenn; <br /> D. The Company is currently responsible for the delivery of water via the Ditch to <br /> certain interest holders known by the Company as "Inch-holders." Said Inch-holders <br /> have the contractual right to receive the water rights owned by the Cities, and put the <br /> water to beneficial use in order to protect the Cities' interest in the water rights contracted <br /> to the Inch-holders. Said Inch-Holders are further responsible for paying sufficient rates <br /> to cover the cost of developing and operating the Ditch; <br /> E. The Ditch is operated and maintained by the Company with revenues received <br /> through carriage rates pursuant to the Company's water delivery contracts with the Inch- <br /> holders; <br /> F. The Cities hold certain contractual rights as "Inch-holders", which gives each of <br /> the Cities the right to use that amount of water stated in their respective contracts, but the <br /> contractual right to use such water does not govern the amount of control allowed each <br /> City, and is separate and distinct from the financial interest, control of the assets, and <br /> management of the Company and the various rights associated with the Ditch as <br /> described in Paragraph C. above; and <br /> 1 <br />