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1'/- /9~~-06 ~ <br />o Jam" <br />Colorado Mined Land Resource Reclamation Board <br />~'b Division of Minerals and Geology <br />1313 Sherman Street, Room 12 <br />Denver Colorado 80203 <br />July 14, 2004 <br /> <br />JUL i g ~, <br />Oiuision otMinerals and Caoloy~ <br />Re: Sandco Inc: Regular 112 Construction Materials Operation Reclamation Permit. <br />~' Oi'x" " he Aromas Vallev Ditch & Water Company (AVDWCo),~bjects to any and all <br />applications submitted by Sandco Inc and Dillon LLP as currently indicating the <br />availability of water rights held by the ditch company for uses other than irrigation. <br />The AVDWCo is the non-profit irrigation company for which the applicants Sandco Inc <br />have mentioned within their land use and mining permit applications. These applications <br />imply or state the availability of AVDWCo water shares in the proposed operation of said <br />mining operations. The Board of Directors of the AVDWCo strongly objects to the <br />mention or subsequent use of any ditch company water shares by Sandco in any mining <br />or storage capacity. <br />1. The applicant is a shareholder within the ditch company and owns shares that <br />entitle use of irrigation water only. Water shares mentioned as A & B class <br />shares. The ditch company exclusively owns all real water rights. <br />2. We are historically and strictly an irrigation company with water rights solely for <br />the purpose of irrigation and livestock. Our water rights cannot be used or <br />converted to other uses including storage, nor for the compensation of <br />evaporation losses incurced by Sandco. <br />3. All shareholders are bound by the by-laws and regulations that govern the <br />company. No individual shareholder has the authority to change use or <br />designation of any shares or water rights. <br />4. The applicant's water shares entitles use for irrigation purposes only. <br />The Ditch Company has been in contact with the applicants personally and through <br />legal counsel. The Ditch Company insisting that all mention of AVDWCo water shares <br />and water rights be excluded from any mention in the application process that pertains <br />directly or indirectly to land use, mining, storage or compensation. That any use other <br />than irrigation is not permissible. As of this date the Ditch Company has received no <br />reply from the applicants, or their attorney. <br />