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Re~~V~ 2`~ 1~~4 J~l o~je~dO&~o\09'1 d,~<a~9~rno~\s O~5`oo0 La Plata County Commissioners l OtiO Fast Second Avenue I tAw oFFlce ofn~ ~r~ ~ /~inedi P. O. IIOX 2165' 6I5 EASE SECOND AVENUE, SUITE 220 DURANGO,COLORADO 61302 (970) 27.9246 FAX (970j 259.2793 I. November 13, 2003 Hand Delivery p ~~C~OM[~ ~o~ ,4 ~3 D lA PLATA COUNTY PLANNING DEPT. Durango, Colorado 81301 ~ I RE: Dillon Ranches LLLP Map Amendment to Animas Valley Land Use Plan Project No.203-00189 i Dear Commissioners. ; i This letter is sent in response to the letter to you from Tony tiartzerla, as a member of the Board of Directors of the Animas Valley Ditch and Water Company (AVOW) end some of the late letters in opposition to the project. Some of Mr. Ganzerla's sfatements may cause confusion with regardto the water rights that the Di!lons have for their property. In the Narrative with the application, I stated that the Dillons would have the right to convert a portion of their wafer rights for imgation into storage rights, if necessary. At the time I wrote the Narrative, I had talked to one of the Board of Directors of AVOW and he advised me that the Oil Ions had the right to use the AVOW water for storage. That apparently is not the case according oo Mr. Cranzerht It is my understanding, however, that there are several ponds on the East side of the valley whose source of water is from the AVOW. Notwithslandingwhetherthe Dillonshave aright to ionvert A VDW water [o storage water, I failed to me~ion in the Narrative that the Dillons own other water rights in addition fo their shares in the AVOW. I am eaclosing a copy of the quit claim deed from Dalton Land and Cattle Company to Dillon Ranches which shows the water and ditch rights that were' conveyed to the Dillons_ As you can see, in addition to the shazes in the AVOW, they received one-half of two-thirds of what is referred to as the "hee° water out of the Reid Ditch They are in the process of reetiving the other one-half of the two-thirds interest in the "free" water from Dalton Land and Cattle Company. I am enclosing a copy of the Decree for the Reid Ditch which is also referred to as the Animas Valley Ditch and a copy of an agreement between the AV DW and one Charles Idle dazed 1696. Mr. Idle was a predecessor in title to the Dillon propetty as well as~'soroe other property in the Animas Valley. 1 believe the reference to the term "tree" water came about mouse of Mr. Idle's agreement with AVD W. That is, in exchange for granting a right ofway to the AVD W for the Reid Ditch, Mr. Idle was aot required to pay for any repair or assessments to the ditch. Also, as part of the exchange, the "free" water is senioz in right to other AVOW water. i