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Letter of Transmittal, Line Camp SWSP, 17 Septernber 2004, Page 2
<br />In preparing this Plan, we attempted to follow the guidance as discussed above, even
<br />when the guidance was not in keeping with our judgment re;gazding good engineering
<br />practice or procedures as required to comply with other permits, regulations, or statutes
<br />applicable to the project, Where such a conflict appears to exist, we have attempted to
<br />point out the conflict, and assume that the Division will take no responsibility for any
<br />violation of local, state, or federal law, and therefore must reserve the right to make
<br />minimum essential changes to comply with other requirements upon demand by agencies
<br />enforcing those requirements, in order to remain in legal compliance with all laws.
<br />We understand that this Plan is subject to the Division's and State Engineer's review and
<br />approval, but until we receive that approval, will proceed to implement the Plan as best
<br />we are able.
<br />The Plan, as revised, varies in significant detail from the Plan as submitted in 2001 and
<br />approved by the Division. We wish to make cleaz, for the record, that those changes are
<br />expressly in accordance with instructions from the Division, and that many of the items
<br />changed were originally included in the Plan at the instructions of the Division, either
<br />directly or through the Division's consultant, and were approved by the Division at that
<br />time.
<br />We believe that this Plan does meet both the intent and the letter of the law, and that we
<br />have made adequate provision to prevent any harm to other water users of the Dolores
<br />River, and in fact, through the actions described in this Plan, have created a positive
<br />benefit to all other users of the water of the Dolores River.
<br />Some specific points as addressed in the letter and the Plan
<br />1. Attachment 1 to the 2001 Plan (Extracts from the Reclamation Permit
<br />Application) has not changed. If the Division requires, we will provide a copy
<br />of this Plan with that attachment.
<br />2. Attachment 2 to the 2001 Plan (Complete legal description of land involved)
<br />has not changed, and therefore, a new copy of this attachment is not included
<br />in this transmittal. If the Division requires, we will provide a copy of this Plan
<br />with that attachment.
<br />3. Attachment 3 to the 2001 Plan, the Tipton and Kalmbach study from 1986,
<br />obviously has not changed. The update to the study, for the years 1985-2003,
<br />as directed by the Division, has been made a separate document (see item #8
<br />below). Since the Division already has a copy of the study, attachment 3 is
<br />not included in the copy of the Plan being transmitted today. If the Division
<br />requires, we will provide a copy of this Plan with that attachment, but cannot
<br />guarantee the legibility of the document, as we; have only the copy of a copy
<br />of a copy of an 18-year-old document.
<br />4. Attachment 4 to the 2001 Plan, the Affidavit of Use by Mr. Duvall Truelsen,
<br />has not changed, but a new copy is included.
<br />5. Attachment 5 to the 2001 Plan, the Dry-Up Covenant by Mr. Duvall Truelsen
<br />has not changed, but a new copy is included. As in 2001, this document also
<br />serves as documentation of the lease of water from Mr. Tmelsen, the Owner
<br />of the Home Ditch, to Four States Aggregates LLC, as required by the letter.
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