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Apr;24 06 <br />Geoffrey M. Craig LLC <br />Attorney at Law <br />1075 Main Ave., Svite 215 <br />Durango, CO 61301 <br />(970)259-8978 <br />(970) 375-0262 fax gmcraigllc®durango.net <br />April 24, 2006 <br />Matt Carnahan <br />P.O. Box 1951 <br />Bayfield, CO 81122 <br />Re: GYater Supplies for Gravel, LLC's Proposed Gravel Operation <br />Dear Mr. Carnahan: <br />I represent Gravel, LLC ("Gravel") in relation to water and water rights issues. I have <br />practiced water law in Durango for over ten years and I am familiar with the water rights and water <br />supplies available to the Gravel properly ("the Property") for its proposed gravel operation. The <br />water supplies which can be utilized by Gravel for the gavel operation include the following: l) the <br />commercial well on the Property; 2) the existing nrigationrtghts on the Property, 3) a new surface <br />diversion on the Florida River, and 3) wells and surface diversions on the Rathjen property. <br />The commercial well on the Property produces 10 gallons per minute (gpm) according to the <br />well test report. If pumped continuously for five days par week, this well is capable of producing <br />11.5 acre-feet annually, more than the 7 acre-feet estimated to be required for the gravel operation. <br />The existing irrigation rights include the following: <br />1 afs. in the Dashner #1 Ditcb, adjudicated in Case No. 83CW58 (Water Division 7), and <br />all easements related thercto. <br />9/l6 c.fs. in the Tyner West Side Ditch, adjudicated in Case No. 1751 (Water Division 7) <br />with a priority date of 7/26/1918 (F-97), and ail easements related thereto. <br />1 c.fs. ofthe Tyner East Side Ditch, adjudicated in Case No. 1751 (Water Division 7) with <br />a priority date of 7/24!1918 (F-96), and all easements related thereto. <br />These water rights collectively are capable ofproduciag approximately 1153 gpm, and can <br />be changed through Water Court for use in the proposed gravel operation. Only a small portion of <br />this water would be required to meet the needs of the gravel operation. <br />The Florida River at the Property is not water critical and has not historically gone on call. <br />