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AFFIDAVIT OF USE OF RMCC FULTON SHARES <br />E.W. Timmons, 111, being,first duly sworn upon oath;-does state as follows: <br />1. I am an individual whose,business address is 14585 Brighton Road, Brighton, Colorado, <br />80601. 1 am over the age of 18 years, old. <br />2. 1 am the General Manager,— Aggregate Operations for Ready Mixed Concrete Company. <br />I have been employed by Ready Mixed Concrete Company since 1994. <br />3. Through my employment, I am familiar with the past, current and future use of certain <br />shares of The'Fulton Irrigation Ditch Company owned by Ready Mixed Concrete Company or its <br />affiliated corporations identified below, all of which are collectively referred to herein for <br />convenience as "RMCC." These shares are described as follows and referred to herein as the <br />"RMCC Fulton Shares ": <br />a. Certificate No. 3120, for'] I shares; issued to RMCC;. <br />b. CeftificateNo. 3708, for 3.9 shares, issued to Aggregate lnvestnients, LLC; <br />c. Certificate No. 3709, for 5 shares, issued to Sprat- Platte Ranch Co., IrLLP; and;' <br />d. Certificate No. 371 ]J or 15 shares, issued to Sprat -Platte Ranch Co., LLLP. <br />4. The RMCC Fulton Shares ,have historically been used for irrigation of lands located in <br />the vicinity of the City of-Brighton. The shares covered by Certificate Nos. 3.120, 3708 and 3711 <br />irrigated lands located iri,T. 1'S.,'R. 67 W. -, 6`h P.M.. Tlie'shares covered by Certificate No. 3709 <br />were used to irrigate. lands in T: 1 N., R. 66.W., 6" P.M. Portions rof the,historically =irrigated acreage <br />are owned by RMCC and poilioii's of these lands are. owned by third - parties. <br />5. Substantial portions of the lands historically irrigated by the RMCC Fulton Shares, <br />whether owned by RMCC or by third - parties, have been mined for sand and gravel by RMCC and <br />permanently removed from irrigation. <br />6. At the present time, none of the RMCC Fulton Shares are used for irrigation and all of <br />them are committed to augmentation and replacement purposes through a substitute water supply <br />plan ( "SWSP ").approved by the Colorado State Engineer's Office. The SWSP replaces depletions <br />from past and present mining operations conducted by RMCC. These mining operations are <br />described below and referred to herein as the "RMCC Mining Operations ": <br />a. North Tower Pit, mined under MLRB Permit No. 1977- M-436; <br />b. Bromley Lakes Pit, mined under MLRB Pefmit No. M -1987 -049, as amended; <br />and <br />c. Ready Mixed Pit 1, mined under MLRB Permit No. M- 1985 -017. <br />