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1 <br /> & RECEIVED <br /> OCI 3 0 2020 <br /> MONSON, CUMMINS & SHOHET, LLC DIVISION OF RECLAMATION, <br /> 13511 NORTHGATE ESTATES DRIVE,SUITE 250 MINING AND SAFETY <br /> COLORADO SPRINGS,CO 80921 <br /> CHRISTOPHER D.CUMMINS* TELEPHONE:(719)471-1212 <br /> DAVID M.SHOHET FAX:(719)471-1234 <br /> RYAN W.FARR www.cowaterlaw.com <br /> EMILIE B.POLLEY* stmOcowaterlaw.com <br /> Of Counsel: STEVEN T.MONSON AILnD <br /> Uded�F(; <br /> October 27, 2020 S b f <br /> Colorado Division of Reclamation, Mining and Safety <br /> 1313 Sherman Street, Room 215 <br /> Denver, CO 80203 <br /> Re: Complaint for Violation of Mining Permit <br /> Aggregate Industries, Daniels Sand Pit 2, Permit M-1973-007-SG <br /> El Paso County, Colorado <br /> Dear Sir or Madam; <br /> I. Introduction <br /> Our law firm represents Fountain Mutual Irrigation Company, a Colorado mutual ditch <br /> company ("FMIC"). FMIC owns senior decreed water rights from Fountain Creek in El Paso <br /> County, Colorado, that are diverted by the Fountain Mutual Irrigation Company Ditch ("FMIC <br /> Ditch") for the use and benefit of its shareholders. The FMIC Ditch passes through the <br /> Aggregate Industries' permitted gravel mining operation under Daniels Sand Pit 2, Permit M- <br /> 1973-007-SG ("Mining Permit"), and the ditch is used by FMIC to deliver water into storage in <br /> Big Johnson Reservoir and for the use of FMIC shareholders for agricultural and augmentation <br /> purposes. The purpose of this letter is to lodge a formal complaint with the Colorado Division of <br /> Reclamation, Mining, and Safety ("DMRS") that the operations of Aggregate Industries under <br /> the Mining Permit are impairing and damaging the FMIC Ditch and its easement rights. <br /> II. Background <br /> A historical ditch easement for the FMIC Ditch exists under Colorado law as a result of <br /> long standing use of this ditch for 120 years. This historical ditch easement exists to the extent <br /> necessary for the operation, improvement, maintenance, repair, and protection of the FMIC <br /> Ditch. This easement well predates any use of the Aggregate Industries property for mining <br /> Also licensed in Wyoming _ <br /> �MmsaM,CWM"3 St�Llyr�„ <br /> ww.t�xnra.cer <br />