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Case No. 94CW036, Findings of Fect, Conclusions of t.aw and Decrec 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 12 storage at any time during the year when such rights are in priority. Black Hawk shall exercise its FRICO shares so as not to exceed the transferred divertible yields described in paragraph 23.b.(3) above. 23.c.. Applicant may not divert its Church Ditch inches or FRiCO shares described in paragraph 19 at an alternate point of diversion unless the rate at which water is to be diverted at the alternate point is physically and legally available at the original Church Ditch Clear Creek diversion point or the Croke Canal Clear Creek diversion point, respectively. Any call made by Applicant on the mainstem of Clear Creek shall be administered at the originally decreed diversion point, not at the altemate point of diversion. Water diverted at the alternate point of diversion shall be considered to be part of the amount of water appropriated for diversion at the originally decreed Clear Creek diversion point. 23.c.{ 1) 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 19.b(2): 23.c.{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 7235 inches changed in this case so long as the Church Ditch Company fairly 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 of the 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. 23.c.(])(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 of the Church Ditch to carry water to its inchholders paused by the removal of Black Hawk's inches from carriage by the ditch, provided that percentage shall be equal to that imposed upon al] inchholders.