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III IIIIIIIIIIiII III 3 <br />Kelly/Haglund/Garnsey & Kahn LLc <br />sss <br />Arrorneys at Law <br />Tertance R. Kelly Steven C. Lass <br />Norman D. Haglund Lori Potter <br />Walter W. Gamsey, Jr. Valissa A. Tsoucaris OC <br />Edwin 5. Kahn David R. Fine CE~VEp <br />James W. Hubbell Manha h1. Tierney SUN 3 <br />Christine L. Murphy, of Counsel 0 1988 <br />Jeffrey C. Pearson, LLC, of Counsel ~1VIS10J10(IHjlIBlB <br />Kent E. Hanson. of Counsel y 8 Q~~O9y <br />June 25, 1999 <br />VIA FACSIMILE (303) 832-8106 <br />James Dillie <br />Division of Minerals and Geology <br />Colorado Department of Natural Resources <br />1313 Sherman <br />Denver, Colorado 80203 <br />Re: Costilla County Conservancy District (CCCD) -- San Luis Project <br />Dear Mr. Dillie: <br />Your letter dated June 22, 1999 references a June 7, 1999 letter to Bruce A. Lytle <br />received by the Division of Minerals and Geology from the Division of Water <br />Resources, Water Division Three regarding water rights issues. Please transmit a copy of <br />that letter to me via facsimile. Thank you very much. <br />Your letter of June 22, 1999 also states "CCCD, PAES and their consultants were <br />provided the opportunity to review and respond to BMRI's submittal (TR-26), however, <br />the Division did not receive any comments." This statement is clearly in error. CCCD <br />and its consultants submitted more than 30 pages of comments and attachments by letter <br />dated and hand-delivered April 30, 1999. As you may recall, CCCD's comments were <br />addressed to Michael Long, but Mr. Long did not pass these along to you until his return <br />from a trip out of the office. DMG subsequently acknowledged to me that it had <br />received CCCD's comments on a timely basis and proceeded to respond to them in its <br />adequacy letter. It simply is not accurate to state that the Division did not receive any <br />comments. Therefore, this ground for failing to notify CCCD of the application for <br />approval of, and adequacy determination with respect to, the evaporate system is not an <br />adequate or rational basis for the Division's decision. <br />• P U901.OOI~cmaV V Billie 03-]J-99 rpd <br />1411 Eighteenth Street / Suiie JIIO <br />Denver/Colorado 8030?-I'_55 <br />Ph /703/"_'96-911' Fas/303/'97-`7705 <br />~Pt' <br />