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3. One surface diversion point is in the vicinity of the mining site. The diversion for the Cogan Ditch, <br />adjudicated in Civil Action 5141 in Chaffee County, is in Section 26. The mining operation could <br />potentially present a problem for diverting this veryjunior surface water right. However, review of <br />the map and filing statement for the ditch indicates that historic irrigated lands would have been in <br />an area in the SW '/+ of the SW '/. of Section 26 and in the SE'/, of the SE'/. of Section 27. These <br />lands are apparently now owned by Mr. Maltz per his statement on the day of the field visit. <br />Additionally, there is no diversion record history for this ditch, likely due to water not being available <br />for diversion at the headgate. Due to these circumstances there appears to be minimal risk of a <br />water rights problem with this point of diversion due to mining operations. <br />iA <br />With respect to dam safety issues, the excavation is expected to be entirely below the natural ground <br />surface and no storing of water is anticipated, therefore there are no issues with construction of a dam or the <br />related safety issues. <br />3368 <br />If you need further information regarding our field visit to this site, feel free to contact either of us at 719-542- <br />Sincerely, <br />Mike Graber, P.E. Bill W. Tyner, P.E. <br />Dam Safety Engineer Assistant Division Engineer <br />Cc: Bruce Smith, WD 11 <br />Dave Kelly, WD 11 <br />Paul Maltz <br />Heidi Frey <br />