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Page 2 of 3 Dan Hernandez, Division of Mined Reclamation Program Inspection Report by John T. Doerfer, Inspector, and dated August 19, 1988 (Exhibit "F"). In the narrative portion the inspector writes: "Most of the streamflow (2/3) now runs through the excavated channel, with 1/3 remaining to flow through the channel unaffected by mining." There is no mention of what was once another channel of the river. In walking this area with an engineer to see what restoration is possible, we discovered that the main channel elevation is now 4 to 5 feet lower at the point of intersection with the now-cut-off channel. The only way I will ever get irrigation water back on my property and to the properties of adjoining landowners with Wallace Ditch water is to change the point of diversion--drastically. This is likely to mean putting Wallace Ditch Water into the Reid Ditch, pulling it out at Ambold Ditch #1 (enlarging capacity required), bringing the water under C. R. 250, and bringing it to my property (I am the furthest upstream user of Wallace) via another ditch enlargement. Additionally, I would further call to your attention, the fact that this mining operation has never been monitored as to tonnage or volume, and this was one of the concerns raised by "MAK" in a file document titled "Reclamation Feasibility", dated March 9, 1977 (Exhibit "G"). In this document, under the heading "Mining Plan", the evaluation stated: "Totally inadequate! First of all, we should know the dimensions of the 'hole' they'll be mining, approximate tonnage, direction of mining, (if any) and some type of timetable." In the "Mining Plan", dated May 13, 1977 (Exhibit "H") which Animas Aggregates submitted as part of its permit process, it anticipates creating and using such accretion to its benefit: "This run-off deposits sand and gravel in the hole and channel." Animas Aggregates has been working this "hole" intensively since at least 1972. The volume that has come out of this "hole" has been replenished as accretion to Animas Aggregates. But this accretion has been at the expense of upstream erosion, largely man-made. They have been allowed to draw down the channel to the obvious detriment of Wallace Ditch users. And, their operation is now threatening the integrity of the two main Animas Valley ditch companies, whose headgates are located approximately .6 mile and .8 mile upstream. If the channel deepening continues, the ability to irrigate the entire Animas Valley for ten miles downstream will be endangered. To my knowledge no one has taken benchmark elevations as to channel depths in recent times. However, I am enclosing a letter from Cap Allen Engineering to John Wells, dated November 12, 1986 (Exhibit "I"). While this letter deals primarily with compliance with building restrictions as they relate to the 100-year flood plain, Allen's observations have direct bearing on this change in the