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Schreiner, Tom <br />From: Cheryl A. Linden [cheryl.linden@state.co.us] <br />Sent: Friday, August 08, 2003 10:43 AM <br />To: tom.schreiner@state.co.us <br />Cc: bruce.humphries@state.co.us; carl.mount@state.co.us <br />Sub]ect: Re: Nissen Farm Resource, 2nd Adequacy Letter, File No M-2003-001 <br />Tom, on the legal right of entry issue specifically concerning whether <br />Hall-Irwin (HI) is attempting to mine just Lot B, or Lot B and <br />additional parcels, here's my take on the situation and what HI needs <br />to do: <br />1. In the original legal right of entry document, HI states that a <br />letter agreement from the landowner serves as HI's legal right of entry. <br />The letter agreement states that Water Resources grants HI the right of <br />entry as to the property described in Exhibit A to the letter agreement. <br />Exhibit A only refers to Lot B. <br />2. In HI's latest adequacy response, HI submits a new Exhibit A with <br />legal descriptions not only for Lot E but for additional property. <br />However, HI did not submit a new letter agreement from Water Resources <br />indicating that Water Resources agrees with the "new" Exhibit A and <br />thereby agrees that it is granting HI the right to mine both properties. <br />3. HI asserts that the original letter agreement grants legal right of <br />entry to both Lot B and the other property. However, that is not the <br />case. The letter agreement has Exhibit A attached and that exhibit does <br />not include property other than Lot B. I have no documentation that <br />Water Resources agrees with HI about adding property to Exhibit A and <br />thereby adding property that HI can mine. <br />4. Therefore, HI needs to submit a new letter agreement with Water <br />Resources with an exhibit that provides a legal description for both Lot <br />B and the other property so that it is evident that water Resources is <br />agreeing to permit HI to mine both parcels. <br />»> "Schreiner, Tom" <tom.schreinerOState.co.us> 08J08/03 08:42AM »> <br />Cheryl, <br />Here's a copy for your records. Thanks. TAS <br />«Nissen. l3.doc » <br />1 <br />