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April 18,2021 <br /> Page 2 <br /> such a decree or agreement. See, e.g., Roaring Fork Club, L.P. v. St.Jude's Co.,36 P.3d 1229(Colo. <br /> 2001). <br /> Moreover, these basic rules of Colorado property law are reinforced in the rules, <br /> regulations and statutes that govern the Mined Land Reclamation Board's and Hinsdale <br /> County's review of Crossfire's permit applications. See, e.g., § 34-32.5-115(4)(e), C.R.S. (2020) <br /> (providing for denial of permit application based on absence of an agreement with "persons <br /> having an interest" in irrigation ditches within 200 feet of affected area), Mined Land <br /> Reclamation Board Regulations for Extraction of Construction Materials,; § 34-32.5-115(4)(d), <br /> C.R.S. (providing for denial of permit application for operations contrary to Colorado law); <br /> Hinsdale County Zoning & Development Regulations, Rule 8.10-9.H (prohibiting special uses <br /> that "cause water pollution" or other "objectionable influences beyond the boundaries of the <br /> property on which such use is located" including, presumably, objectionable hydrologic <br /> effects); Rule 2.5-2.A(1)(a) (requiring that historical agricultural operations be protected within <br /> the Piedra District of Hinsdale County). <br /> Please take notice that our clients hold an easement in the subject irrigation ditch; that <br /> Crossfire does not have our clients' consent to alter the ditch;and that Crossfire's plans to alter <br /> the ditch would impermissibly interfere with our clients' rights as dominant estate holders in <br /> the ditch.In order for Crossfire to execute its mining plans without committing trespass,it must <br /> obtain our clients' express,written consent to alter the ditch or obtain an appropriate judgment <br /> from a Colorado court. Crossfire may not unilaterally construct a road over and culvert the <br /> ditch in the absence of such an agreement or judgment. <br /> Thank you for your attention to this letter. Please feel free to reach out to me to discuss <br /> this matter further if necessary. <br /> Sincerely, <br /> MAYNES,BRADFORD,SHIPPS&SHEFTEL,LLP <br /> Durango Office <br /> /s/ Adam T.Reeves <br />