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~, ~-j~` <br />February 7, 2007 <br />Ronald Cattany, Director <br />~ Colorado Division of Reclamation, Mining, and Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Dear Mr. Cattany: <br />~~ <br />o Lll3~v~ <br />RECEIVED <br />FE8 13 2001 <br />Division of Reclamation, <br />Mining and Safety <br />This letter constitutes notice that the Montes Ditch members object to <br />the proposed Permit Amendment, DRMS Permit No. M-88- 112, filed by <br />Battle Mountain Gold on October 2006. <br />As Colorado certified water users, we believe the Mined Land <br />Reclamation Board has no authority to grant water use to Battle Mountain <br />Gold under any conditions. Our ditch uses water that comes from the Rito <br />Seco, and any action on this matter by your Department will have negative <br />impact on our historic surface water rights. It is our opinion that only <br />District Water Court has the authority to grant water rights in Colorado, not <br />your Board or Department. <br />Charlie Ja ez <br />member <br /> <br />Marcella Pacheco <br />member <br />Theresa Medina <br />member <br />member <br />