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La Plata County Commissioners <br />1060 East Second Avenue <br />Durango Colorado 81301 <br />October 31, 2003 <br />Subject: Dillon Land Use Project. <br />~~CI~Lil4~~ <br />NOV - 3 2003 D <br />LA PLATA COUtJTY PLANNIWG DEPT. <br />J(/~ <br />Re~~~~ <br />2~ 204 <br />~n <br />Commissioners OM'si~~of BoFje~ <br />The Animas Valley Ditch & Water Company (AVOW) wishes to include comments M~~2~ $~ ologj, <br />pertaining to the Dillon Ranch and Sand & Gravel Co land use proposal. Excuse these <br />late comments as the AVOW has been attempting to gather professional opinions and <br />answers to our concerns. <br />The Board of Directors expresses no official position for or against the Dillon proposal. <br />We do have legitimate concerns of how AVOW water it might presently be considered <br />within the proposed gravel operation or lake projects. We are against any AVOW water <br />shares used for any purpose other than its historic uses. We aze an irrigation company. <br />AVOW was incorporated in the 1880s and has been exclusively used for <br />irrigation and agricultural purposes. We are against the re-designation or usage of <br />any AVOW water shazes to any other classification, including storage or <br />industrial use. <br />2. All AVOW water shazes aze the property of the ditch company. Certificated <br />shazeholders own the right to utilize said shazes according to the AVOW by-laws <br />and amendments. <br />a. All water shazes are delivered from within the AVOW canal and <br />easement. <br />b. No water shazes can be sold or transferred outside the AVOW ditch and <br />easement. <br />3. In drought years any water source can be placed on call by the State of Colorado. <br />Depending upon water priority and usage, water maybe unavailable or its use <br />restricted. The proposed 40 surface-acre lake will be subject to significant water <br />losses through normal evaporation. Such losses aze taken into account by the <br />State Water Resources when water priorities may be put on call. If any or all of <br />the Dillon water shaze aze re-designated as "storage water" then these shazes <br />would be the first placed on call ahead of "irrigation water". As explained to us <br />by the definition of "critical use". <br />If AVOW "irrigation" water shares are used to maintain the proposed lake then <br />evaporation losses are subsequently calculated by the State Water Resources and <br />counted against all water still available to the ditch company. Unfairly, all <br />