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• JAMES K KREUTZ & ASSOCIATES; P.C. ' <br />- Attorneys at Law ~ , ,~ <br />Denver Tech Center M _ 2 p0 'S~ - O 7 C~ <br />i. 5655 South Yosemite Street, Suite 200' ~ <br />~~ Greenwood Village, Colorado -80111 .~~u s~ ~ D ~ ~ 5 ~ ~ _ <br />• ~ Telephone: (303) 779-8214 <br />• Fax: (303) 793-0913 •' - <br />July 10, 2006 ~ <br />fGsl rmu~,c~rn ~ ,. <br />Colorado Division of Mineralsand Geology ~/ CE~V~D <br />Minerals Program Inspection Division " - ~ JU~ ~ ~ ?Q(~ <br />Attn: Tom Schreiner i ~~Y1g10n0rM;neja~$and <br />1313 Sherman St., Suite, 215, ~ ~°0~0sy <br />Denver, CO 80202 ` <br />'Re: Chavers`v. TKO ~ • <br />i .. <br />_ • <br />Dear Mr. Schreiner: \ . ~ ~ - <br />.~ <br />,This letter is a follow-up toff our telephone conversation wherein I advised that my office <br />represents Mr. and Mrs. Chavers, the owners of,the property adjacent to US Highway 85, i:e. <br />SWTKO. I have had an opportunity.to review your inspection report dated May 9; 2006 and I am- <br />anxious to learn whether or not the operator, SWTKO Joint Venture, has complied with your <br />corrective actions. It is my_understandingyouu will be making a subsequent review next week with <br />regazd to their,operation. '~, ~, ~ ~ ~ - <br />Ibelieve itimportant that I place your department on notice that my clients, the Chavers, have <br />not consented, nor will they consent; to dischazge of water through their property. It is my <br />,~ - <br />understanding the applicants, SWTKO, have taken a position that they somehow have rights to <br />discharge their water through my cliff nts property via the Ogilive and Porter seepage ditches. ~ This <br />is not the case. <br />~We are not speaking here ofiirrigation ditches which are adjudicated, and-which have great <br />historical significance to allow for irrigation of not only Waal Colorado but now urban Colorado. <br />~ , <br />These ditches aze•seepage ditchesifor which a permit was acquired in the'very early 1900s for <br />purposes of drainage into the Platt River. ' <br />It is myunderstanding from talking with the Water Commissioner, Mr. Stahl,.Commissioner <br />ofDistrict 2; and according to his records, that these two seenaee ditches, the Ogilive and Porter, are <br />not on his official maps, nor have they ever been adjudicated., •. <br /> • ~ _ <br /> ! <br /> ~. <br /> ,~ - <br /> { - <br />