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IOLGORE L� MAEAK <br /> TER/AtS <br /> October 26, 2018 <br /> RECEIVE[ <br /> Ms.Amy Yeldell OCT 2 91018 <br /> Colorado Division of Reclamation,Mining and Safety DIVISION OF RECLAMATION <br /> 101 South 31d St.,Suite 301 MINING AND SAFETY <br /> Grand Junction,CO 81501 <br /> Water Right Application Update <br /> Highway 50 Borrow Area No.2(Permit No.M-1999-076) <br /> Dear Ms. Yeldell: <br /> Elam Construction(Elam),on behalf of the property owners,is in the process of acquiring a groundwater right and decreed plan <br /> for augmentation for Highway 50 Borrow Area No. 2. The water right is being pursued to ensure compliance with Colorado <br /> Division of Water Resources requirements regarding exposed groundwater. Because evaporative depletions from the exposed <br /> groundwater within the borrow area ultimately impact the Gunnison River, a request for approval of a plan for augmentation is <br /> required to support the water right application. <br /> Elam's contractor,Western Water&Land,Inc., has completed a hydrology report to support the water right application and <br /> request for approval of a plan for augmentation. The report was submitted to Elam's water attorney who has prepared a draft <br /> application for submittal to the water court in Water Division 4. The plan for augmentation requires the annual purchase of water <br /> in Blue Mesa Reservoir to offset potential out-of-priority depletions attributed to evaporation from the exposed groundwater <br /> surface within the borrow area. <br /> Elam is pursuing an agreement with the landowners to obtain the water right and decreed plan for augmentation. A draft <br /> agreement has been prepared and discussed with property owners Rodney and Donna Whiting(Whiting Land Legacy,LLC). <br /> Whiting Land Legacy,LLC is the owner of one of the two parcels within which the borrow area is located. The other parcel was <br /> owned by John Whiting, who is deceased. Rodney and Donna Whiting are working with their realtor to reopen the John Whiting <br /> probate case to allow transfer of the parcel to Whiting Land Legacy,LLC. Until the probate case is reopened and the parcel <br /> properly transferred to Whiting Land Legacy,LLC,Elam is unable to execute the agreement and submit the application to the <br /> water court. <br /> Elam appreciates your understanding of this delay and will notify you as soon as the property transfer is complete and the <br /> application has been submitted to the water court. In the meantime,please do not hesitate to contact me if you have any questions <br /> or need additional information. <br /> Sincere;Jim <br /> C <br /> Doody <br /> Environmental Manager <br /> Elam Construction <br /> 970-712-6634 <br />