2017-08-01_INSPECTION - M2008082

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Eric Scott August 1, 2017 Page 3 o Photo 3 -Holton Seep/drainage area aerial (mostly dry) dated June 26, 1993 We are also advised that in Colorado the owner of upstream property possesses a natural easement over land downstream for drainage of surface water flowing in its natural course like that in Holton Seep Ditch. As such, the Ruiz/Birmingham/Fort Lupton properties are serwient to the Holton Property and the water that flows from the Holton Seep Ditch. The Ruiz/ Birmingham/Fort Lupton properties are therefore obligated to receive drainage from the Holton Property and the Holton Seep Ditch, but they are not entitled to a permanent source of water supply from the Holton Seep Ditch absent a demonstrated right to the water. Our discussions with the Holtons and the attached decree in Case W-18 confirm that Ruiz, Binningham and Fort Lupton have no right to the water in or from the Holton Seep Ditch. We also know of no right the Cooks have to the Holton Seep Ditch water(or for that matter any right they have to access or use the Ruiz or Birmingham or Fort Lupton properties where the drainage area is located). Perhaps more important is the fact that flows to the drainage area from the Holton Seep Ditch are not perennial. They are just the opposite and depend on a variety of factors including the season and relative frequency of precipitation events. While the ditch can, it does not always feed and provide water to the drainage area. To the extent RMCC's current operations in Stage 3 on the west side of Highway 85 have had any impact on the drainage area, fluctuating water levels in the area are consistent with the prevailing hydrologic balance. That stated, any affects from Stage 3 will be temporary since stripping from Stage 4 will be placed in Stage 3. This backfilling is presently scheduled to commence on the east side of Stage 3 in late November and will consist of placing the backfill in compacted lifts. Additionally, dewatering of Stage 3 is expected to be completed on or about January 31, 2018. We appreciate this opportunity to present your office information concerning the July 19, 2017 complaint that we hope you find it useful in any discussions you may have with the Cooks. In that regard, I am available to further discuss the complaint with you at your convenience and/or to assist in any discussions you may have with the Cooks. Thank you. Joe Lamanna General Manager, Aggregates Attachments cc: Bob Kepford (w/atts.) Michael J. Hart (w/atts.)