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<br />Csse No. 94CW036, Findings of Fact, Conclusions of law and <br />Decree of the Court Approving Absolute and Conditional Ground <br />Water Rights, Plen of Augmentation and for Change of W ater Rights, <br />Application of the City of Btack Hawk. <br />Page 33 <br />23.c.(1)(c) For purposes of resolving the issues among the parties <br />in this case, and in order to reach a compromise thereon, Northglenn and the Church Ditch Company <br />agree that Black Hawk may divert its Church bitch inches at the points claimed in this case even if <br />they are denominated as altemate points of diversion for the decrees of the Church Ditch. Black <br />Hawk has completed the trial in Case No. 92CW059, and received an interim order of the Court, <br />dated June 4, 2002, and on June 5, 2002, Black Hawk submitted the proposed final decree requested <br />by the interim order. In the event of any appeal after the decree is entered in Case No. 92CW059, <br />Black Hawk agrees that it will diligently defend the decree in said appeal. In reaching this <br />compromise, neither Northglenn or Church Ditch Company intend that such compromise shall set a <br />precedent that other inchholders may divert their Church Ditch inches at altemate points of diversion <br />to those decreed to the Church Ditch. <br />24. Plan for Augmentation: Whenever a call is made in priority for the benefit of water <br />rights, the priorities of which are senior to the priorities of water rights under which diversions are <br />then being made through Black Hawk's junior structures listed in paragraph 15, above, which are to <br />be augmented hereunder, then, to the extent that net depletions from such diversions reduce the <br />availability of water to the right for which the call is being made, Black Hawk will, if it chooses to <br />continue such diversions, provide, at or above the point of diversion of the right for which the call <br />shall have been made, and in time to avoid injury to [hat tight, after first taking credit for return flows <br />of 95°/a of diverted water being used in-house on a direct flow basis, and of 10% of diverted water <br />being used for irrigation on a direct Flow basis, replacement flows from the sources described above in <br />paragraph 17 which are equal to and in substitution for the depletions resulting from Black Hawk <br />junior diversions. <br />CONCLUSIONS OF LAW <br />25. The Court incorporates the foregoing Findings of Fact to the extent that these may <br />constitute conclusions of law. <br />26. This Court has jurisdiction over all persons who could have appeared but did not and <br />over all parties who did appeaz. <br />27. The Court determines as a matter of law, that the application for absolute and <br />conditional ground water rights, plan of augmentation and for change of water rights proposed by the <br />Applicant meets the standazds described in C.R.S. § 37-92-305, and other applicable provisions of <br />