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~ ~Sl~ LAW OFFICES OF <br />ALLEN ,1. KINCAID <br />ALLEN J. KINCAID <br />720-851-8713 <br />May 15, 2006 <br />MAILING ADDRESS: <br />POST OFFICE BOX 2913 <br />PARKER, COLORADO 80134 <br />Mr. Thomas Schreiner <br />State of Ccioraao <br />Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Re: Andrew H. and Jean Chavers <br />Deaz Mr. Schreiner <br />_, is W p <br />~IAY16~ <br />~iniga ai Miaeray and Ggq(ggr <br />PARKER <br />(720)851-6173 <br />RRUSH <br />(970) 842-5806 <br />~~~~9/ ~<21 /L/ ~S <br />By=way of intioductloii this office represents the `above named tndtviduals regarding: the ,illegal <br />dischargetof~water•~iihder U.S~~Hlghway`85 atid`Road 8: `'~1'uriderstand tliaf this dischazge is <br />caused through actions of the group known as Fort Lupton Lakes and the reason they are <br />discharging throtigti'the culvelt under U.S. Highway 85 is because CDOT'has reJfused to let them <br />dischazge at other proposed locations. <br />Mr. and Mrs. Chavers have had to remove their livestock from pastures where the stagnant water <br />is being dischazged due to the possibility that it would contain herbicides and insecticides that <br />can cause death and/or abortions in horses. The Chavers raise extremely valuable horses, some <br />mazes are carrying or have foals at their side for which very expensive stud fees have been paid. <br />The horses_owned,by, the Chavers are their means_of livelihood and you can readily_see,how such <br />actions by Fort Lupton Lakes can damage the Chavers and their source of earning a living. The <br />Chavers, due to the fact they had to remove their horses fmm the pastures, are required to feed <br />the horses hay that they did not have to do before. This has created a daily expense for my <br />clients and is caused by the actions of Fort Lupton Lakes. <br />I am sure you are aware that there were large volumes of water dischazged on May 5, 6 and 7, <br />2006. The Chavers'•-property does not contain dischazge ditches and the Fort Lupton. Lakes aze <br />in the process of turiting the Chavers' property into a undesireable, stagnant swamp, „ <br />il:~` :.~~ ~31 ",'.Jt it ~ ? I• ~__. ... _.: `ii _ ~i= .L .. .. _. ,.t .. <br />V1e=have been unable to=fiiid~through our'seatches'`of the records,Tariy ease1merit,allowmg~this <br />'of aeEivi and e'ven'tlie'oil~and' 'as~lease~'does~nof show`'ar ' e of easement or `an hin <br />t3'Pe .. tY... g Y tYP Yt g <br />that allows water to be dumped in the fashion in which it is being done. <br /> <br />j% ,~o o p~~y- v 7~ <br />l/aSf1. o~/L--G~ <br />3-ai-a~ <br />