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AFFIDAVIT <br /> I, Garrett C. Varra, Vice-President of Varra Companies,Inc. do swear and depose as follows: <br /> l. The Durham Pit(DMG No. M-78-056)is located in portions of Sections 3,9;and <br /> 10,Township 5 North, Range 65 West, 6`s P.M.,Weld County, Colorado. <br /> 2. The Kurtz Resource Recovery Project(DMG No. M-99-006)is located in <br /> portions of Sections 28 and 29,Township 3 North, Range 67 West, 6`'P.M., <br /> Weld County, Colorado. <br /> 3. The Heintzelman Mine (DMG No, M-09-18)is Iocated in a portion of Section 32, <br /> Township 3 North,Range 67 West, 60'P.M.,Weld County, Colorado. <br /> 4. The Western Sugar Mine(to be permitted)is located in portions of Sections 4 and <br /> 9, Township 5 North,Range 65 West, 6a'P.M.,Weld County, Colorado. <br /> 5` Five(5)shares of Greeley Irrigation Company, four(4)shares of Rural Ditch <br /> Company, and portions of the water rights decreed in Case No.0ICW274 are or <br /> will be approved for use in Substitute Water Supply Plans for the sites listed in 1. <br /> through 4. above. <br /> 6. The water listed in 5.above is dedicated solely for use in the Substitute Water <br /> Supply flans for the sites listed in 1, through 4. above. <br /> 7. Any additional use of the water listed in 5. above will be only with the Division of <br /> Water Resources' and/or the Division One Water Court's approval. <br /> Further Affiant sayeth naught. <br /> Garrett VarraiP t <br /> 8120 Gage Street Affiant(Signature) <br /> Frederick,CO 80516 <br /> STATE OF COLORADO ) <br /> )ss. <br /> COUNTY OF WELD } <br /> The foregoing instrument was subscribed and sworn to before me this day of November <br /> 2010 by Garrett C.Varra_ <br /> Witness my hand and official se/al. <br /> My commission expires: <br /> QJ <br /> Notary <br /> s <br />