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Case No. 94CW076, Findings of Fact, Conclusions of Law and Dccree of the Court Approving Absolute and Conditional Ground Water Rights, Plan of Augmentation and for Change of Water Rights, Application of the City of Black Hawk, Page 36 22.e.(I) Pursuant to the June 18, 2002 Stipulation by the Applicant with the City of Northglenn and the Church Ditch Company, the following provisions shall apply to the Church Ditch water rights changed in paragraph 18.b: 22.e.(1)(a) As between the City of Black Hawk and the Church Ditch Company and the City of Northglenn, the City of Black Hawk agrees that the City of Black Hawk will not challenge the validity of the Church Ditch Company rule existing on the date of this stipulation which requires that water be first diverted into the Church Ditch for measurement and payment of pro rata ditch losses assessed by the Church Ditch Company before discharge through an augmentation station on Church Ditch back to Clear Creek to allow diversion at other points of diversion for the 72.35 inches changed in this case so long as the Church Ditch Company fa'vly and uniformly enforces this rule (unless precluded from doing so by a subsequent final order of a court of competent jurisdiction issued in an action brought against the owners of the Church Ditch and/or the Church Ditch Company by a third party) against all Church Ditch inches diverting at other points of diversion, whether those other points are upstream or downstream ofthe Church Ditch Clear Creek point of diversion. The Court shall retain continuing jurisdiction hereunder to resolve any disputes that may arise among the parties hereto regarding the uniformity of enforcement of this rule by the Church Ditch Company. 22.e.(I)(b) Black Hawk will allow to remain in the Church Ditch such percentage of its Church Ditch inches as may be from time to time determined by the Church Ditch Company board of directors to be required to compensate for the reduction in the ability ofthe Church Ditch to carry water to its inchholders caused by the removal of Black Hawk's inches from carriage by the ditch, provided that percentage shall be equal to that imposed upon all inchholders, 22.e.(1)(c) For purposes ofresolving the issues among the parties in this case, and in order to reach a compromise thereon, Northglenn and the Church Ditch Company agree that Black Hawk may divert its Church Ditch inches at the points claimed in this case even if they are denominated as alternate points of diversion for the decrees of the Church Ditch. Black Hawk has completed the trial in Case No. 92CW059, and received an interim order of the Court, dated June 4, 2002, and on June 5, 2002, Black Hawk submitted the proposed final decree requested by the interim order. In the event of any appeal after the decree is entered in Case No. 92CW059, Black Hawk agrees that it will diligently defend the decree in said appeal. ]n reaching this compromise, neither Northglenn or Church Ditch Company intend that such compromise shall set a precedent that other inchholders may divert their Church Ditch inches at altemate points ofdiversion to those decreed to the Church Di[ch.