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III lillllllllilllll ~ ~ <br />999 -~--- <br />a <br />STEPHEN M. DAVIS <br />6 WILLOW PLACE <br />DL~ilNGO, CO 81301 <br />~~ <br />1303) 247-5445 <br />~~'~ <br />May 12, 1989 ~ '~~ <br />/~ ~~ ~h ~~ <br />Mr. Dan Hernandez ~/f~a <br />Colorado Division of Mined Reclamation 'YtL,: ,'"y~,^t,~ ~~q~g. <br />1313 Sherman Street, Room 215 ~'i~..,. <br />DeareDanCO 80203 ~r%{~.~~1~/ $,b <br />w <br />I appreciate your prompt attention per my telephone conversation with <br />you on April 25th. I am writing on behalf of myself and others with <br />an interest in The Wallace Ditch (See Exhibit "A"). This water was <br />first appropriated on January 1, 1876 and was adjudicated November 8, <br />1923. It is one of the oldest water rights in Water District 30 and <br />carries a priority number of A-3. (See Water Rights Report attached <br />as Exhibit "B") <br />This water has been used continuously by its previous owners for over <br />a century, from the same historic headgate, located due east of <br />Animas Aggregates dredge pit. (See Map drawn by C. R. Nofsinger <br />and submitted to Mined Reclamation, dated June 22, 1976; with my <br />additions to show the location of the Wallace Ditch and headgate, <br />attached as Exhibit "C-1".) Also, you will find (as attached Exhibit <br />"C-2") the same map as "Amended 24 Aug 81" This map clearly shows <br />that the excavation area allowed was within 200' of the Wallace Ditch <br />as a man-made permanent structure. Yet, The Wallace Ditch Headgate <br />was not shown on the map (although you will note that the Animas <br />Valley Consolidated Ditch is clearly marked on all maps). <br />In addition, I am enclosing a "Wallace Ditch Diversion Summary 1970- <br />1587", taken from water commission records. (Attached as Exhibit <br />"D") This documentation indicates that the ditch has received an <br />average of 673 acre feet of water per year over an average of 90 days <br />throughout this period. Also, it has received flow when the flow in <br />the Animas has been as low as 188 cfs (measured in Durango). During <br />this time frame, the flow has been as early as April 20, and as late <br />as October 31. <br />It is highly unlikely that water will ever flow through this ditch <br />again. This is due to the fact that an entire channel of the river <br />has been dried up, due to streambed alteration by Animas Aggregates. <br />To document this statement, I refer to two documents in the Bureau of <br />Mined Reclamation file. First is an Inspection Report signed by <br />Robert C. Campbell, and dated April 27, 1976 (Exhibit "E"). In it <br />Mr. Campbell states: "There are 3 channels in the river here. The <br />westernmost channel is man made and flows water in to their operation <br />for processing." The second substantiating document is Minerals <br />_.... -_. n._ ,. _..... ,.-~%[~~ ~ ,~ ti:i-~vs~-: is - <br />