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��] <br />2��je �re�ai�r ��era�ri�tg �Contmcit�e <br />112 North 8th Avenue - P.O. Box 333 - Phone (970) 522-2025 <br />5TERLING, COI.ORPiDO 80751-0333 <br />. <br />�. <br />BOARD OF DIRECTORS <br />GERALD RUF, Chairman <br />ARTHIJR DEBUS, Vice-Chairman <br />BOB LINGREEN, Director <br />JOHN STIEB, Director <br />ROD MARI, Director <br />HAROLD KAUTZ, Director <br />ALLYN WIND, Director <br />LUCILLE KEMBEL, Director <br />PHIL MORTENSEN, Director <br />DON CHAPMAN, D'vector <br />JACK ODOR, Director <br />May 17, 2005 <br />Mr. Mike Serlet <br />Colorado Water Conservation Board <br />1313 Sherman Street, Suite 721 <br />Denver, CO 80203 <br />�AY � �? 2005 <br />�;%�!oraCO Wafer Conservation Etn�p,a <br />JAMES T. YAHN, P.E. <br />Manager <br />, <br />� - ` Dear Mike: <br />I am writing at the suggestion of Commissioner of Agriculture, Don Ament, concerning the <br />availability of funds from the Agricultural Emergency Drought Response Program. The Prewitt <br />Reservoir was unable to fill in the spring of 2004 and Commissioner Ament thought that we may <br />qualify for grant funds. Commissioner Ament suggested I write prior to your meeting scheduled for <br />May 24 in order for you to be apprised of the deta.ils of the situation. I also left a message with Hal <br />Simpson regarding this matter and as a result received a phone call from Division Engineer, Jim Hall, <br />who discussed the matter with me. <br />In the winter of 2003-2004 the amount of water available to the Prewitt Reservoir was very <br />limited, predominately due to drought conditions, but also in part due to unreplaced well depletions. <br />This shortfall in water caused the Prewitt to reach only 46% of its total capacity for the irrigation <br />season of 2004. In the spring of 2004 the Groundwater Appropriators of the South Platte (GASP) <br />through their engineer informed the Prewitt Operating Committee that in the reach of the river that <br />affected the filling of the Prewitt they had failed to replace 2,545 acre feet of water. No attempt was <br />made by GASP to address this shortage, so on July 28, 2004 a letter and an invoice was sent to GASP <br />requesting compensation far 2,545 acre feet of unreplaced depletions. The letter and invoice are <br />enclosed. GASP finally responded in November of 2004 with a letter from their attorney sta.ting that <br />Senate Bill 073 made no provision for remedying injury though agreements. We responded in <br />December stating that we disagreed and asked them to reconsider the July 28 invoice. Since that time I <br />have been in conta.ct with Jack Odor, GASP manager, he also suggested we seek compensation <br />through your drought program. <br />Ap��Hr�dix 1 to Contract C� 50213 <br />