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In this particular case,and given Division's responsive concern that tail water from the <br /> middle field(although designed to leave on non-permitted areas)might,conceivably, re- <br /> enter the permit area to the northeast as per the red lines on the diagram we provided <br /> in May.Mr. Fontanari informs me that he re-oriented the piping to water furrows <br /> placed in a direction where any surviving tail water would continue to migrate off <br /> permit to the north,and to not re-enter the permit area by traveling NE.Your <br /> inspection reports contain several photographs of this activity.We have attached a <br /> different view of these historical fields and a photograph of the furrow orientation and <br /> cropping pattern on the parcel at issue. <br /> In addition to irrigating personally in this area since 1985, Mr. Fontanari,far from <br /> surprising Division, reported on his irrigation activities in detail, albeit to the coal side of <br /> Division(Reports by Fox June 2019; Beckwith on September 14, 2018).The first time <br /> Fontanari ever heard of an objection based on Exhibit G was at the August 2019 Board <br /> Hearing. Fontanari would also emphasizes that the lands being irrigated have not been <br /> mined. <br /> Fontanari has also heard, through the grapevine, as it were, that Division appears to be <br /> intent on taking his decreed water rights.We hope that this is simply untrue.We <br /> previously attempted to address this issue by seeking a Declaratory Order from the <br /> Board regarding water rights issues.That motion was denied, and the parties are now <br /> engaged in litigation. However, Fontanari does intend that Division understand the <br /> grave concerns he has about the value and integrity of his decreed water rights. <br /> But, as noted,this issue will not be resolved in this letter. <br /> Please identify any further concerns you have as to non-violation items in your two <br /> referenced inspection reports. <br /> W i re s, <br /> o n R. Henderson V\ <br /> Law Offices of John R. Henderson, P.C. <br /> Page o5 <br />