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' ~ Stipulation Cases Nos. 92-CW-059, 92-C1Y-163, 94-CW-Oi6 Pale 5 borne by the District. Copies of sampling results will be provided to Black Hawk and Central City; who will be responsible forproviding copies, as received, to any stipulator that wishes to receive the results. Results may be provided in hazd copy by mail, electronic format by e-mail or other manner that is convenient and satisfactory. Black Hawk, Central City, Gilpin County, or the District may elect at any time to sample more frequently at the requestor's cost. With reasonable notice, any stipulator may request split samples from the District. Any stipulatoz may collect and analyze flow weighted composite samples independently at its own ebst. 2.8.1 In deterrn;n;ng the number o£ days of TP and TIN excursions, the day on which a sample shows a TP or TIN excursion shall be counted, and every subsequent day until' a subsequent sample does not show an excursion shall also be counted. For example, if a sample taken on a Monday shows an excursion, while the next sample, taken on the ensuing Friday, does not, then Monday, Tuesday, Wednesday, and Thursday shall all be counted as excursions. Further, all samples collected and analyzed by a certifiedlaboratory and meeting acceptable quality assurance and quality control procedures shall be included in the calculation of seasonal poundage results. 2.9 Any ruling or decree in this case or in a Subsequent Water Court Case using Black Hawk or Central City's effluent as an augmentation source or substitute supply shall contain the following finding: "Any findings regarding the quality of effluent as an augmentation source or substitute supply made herein, and in accordance with the stipulation in Cases Nos. 92-CW-059, 94-CW-036, 92-CW-168 and 94-CW-277 among B1ackHawk, Central City, GIlpin County, the cities of Thornton, Westminstex and Northglenn, the Farmers' High Line Canal and Reservoir Company, et a1., dated January _, 2000, are the result of compromise and settlement among the parties in the specific circumstances oftfiese cases." 3. Remedies. Remedies for the failure or failures' of the parties to comply with the Terms and Conditions set forth in Section 2 above shall be incorporated into the final decrees in each of the above captioned cases and in Subsequent Water Court Cases, as follows: 3.1 After December 31, 2005, effluent from the Existing Plant shall not be used to offset out-of- priority diversions or to effectuate exchanges (whether pursuant to decrees in the instant cases ~ 92CW059,92CW168,and94CW036,in5ubsequentWater'CourtCases,orinTemporaiySubstitute Supply Plans). 3.2 If the Funding Parties, or any ofthem, fail to comply with the terms of Paragraph 2.3 above, (escroev/funding agreement for $1,500,000); then the final decrees in the instant cases, as well as in ~.