2003-08-13_REVISION - M2001090 - Laserfiche WebLink

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KLAUZER & TREMAINE, LLC Attorneys at Law P.O. $ox 774525, Steamboat Springs, Colorado 80477 320 Lincoln Avenue -Second Floor Randall W. Klauzer Phone: (970) 879-5003 Fax: (970) 879-1131 Member, enmmao Bar ktLlw.com 7. Richard Tremaine Member, Colorado, D.C. and V¢ginia Bars July 25, 2003 State of Colorado Division of Minerals and Geology Atten: Tom Schriener 1313 Sherman St., Room 215 Denver, CO 80203 RECEIVED JUL 2.8 2003 Division ~f Minerals and Geology Claire E. Sollars Member, Colorado and Wyoming Bars James "Sandy" Homer Member, Colorado and Wyoming Bam Re: River Valley Res~qurce, Permit No. M-2001-090; Amendment A plication Package AM-1 tab, jec¢fon ~eYltr•' c/ass: 72etfs;on ~Pe=SeB t ~iihl Deaz Mr. Schriener: This law firm represents Jane and Ervin O'Dell, and their living trust, the owner of real property which is immediately adjacent to that property which is the subject of the above-referenced permit application. Based upian my review of the package of information. that was forwazded to this office by you, please note the following objections and concerns on behalf of the O'Dells: 1. The O'Dells are concerned about the impact of the-p;oposed gravel operation on their water supplies. -They have a domestic water well, that will likely have both its quality and its quantity impacted by the LaFazge industrial operation. In addition, the O'Dells have water rights on the.Suttle Ditch. LaFazge proposes to relocate the Suttle Ditch on the property that it proposes to purchase, but has not obtained the approval of the O'Dells, or others, who have an interest in this ditch. In the fall of 2001, the Colorado Supreme Court issued a ruling, with respect to a property owner who had relocated.an irrigation ditch, without the consent of its downstream neighbor, and without approval of a court. That ruling appeazs to require either an agreement with downstream owners, or a court order, before such relocation can properly occur. See, Roarin¢ Fork Club. L.P. v. St. Jude's Company, 36 P.3rd 1229, 1231 (Colo. 2001). 2. From my review of the materials submitted to your office, by LaFazge, it still does not appeaz that LaFazge has fully responded to the issue of its "right to enter and initiate a mining operation on the affected land," as raised in the,April 11, 2003, letter (Bazbaza D. Chiappone to Gary J. Tuttle). Although LaFazge subsequently provided a letter (June 2, 2003, John W. Rozelle to Bazbaza D. Chiappone) and attached a document from the More family purporting to authorize entry, this document fails to address the cloud on the Move's title that is reflected in other documentation that was provided to you.