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MOSES, WITTEMYER,1[iARRISONRND WOODRUFF, P.C. <br />Maarten Jacoby <br />Paul Gesso <br />March 8, 2005 <br />Page 2 <br />unappropriated water is available and no priority call is being administered on a stream system is <br />sometimes referred to as "free rivet" conditions. <br />Since the existing grave] extraction operation on the King Mountain property has <br />continued from year to year with diversions from Smith Creek sanctioned by the Water <br />Commissioner, it appears that free river conditionsexist inthe Egeria/Smith Creek basins for a good <br />part of a normal water supply year. While Angus Investment intends to develop a secure, year-round <br />supplyforthe expanded gravel operation, it is reasonable to assumethatthe currentmining operation <br />can continue with the relativelysmall amountofwaterneedsbeingmetthrough free riverdiversions. <br />To the extent that water is available to any ofAngus Investment's small storage reservoirs under free <br />river conditions, water could also be stored for later pumping and use for dust suppression. <br />Angus Investment LLC has asked my firm to analyze the water rigbts and to develop <br />an application for change of water rights or a plan for augmentation to meet the water supply <br />demands of the expanded gravel operation. We have retained the services of Martin and Wood, <br />consulting water tights engineers, to assist with this project. Martin end Wood is evaluating the <br />water rights acquired with the King Mountain Gravel property, as well as other water rights on <br />Angus Investment's King Mountain Ranch for potrntial use as an augmentation source Wei <br />to file a Water Court anoliration as soon as Martin and Wood's evaluation is comalete. If necessary, <br />once the W star Court application is filed, we will also apply to the office of the State Engineer for <br />approval ofa tempotttry substitute wat¢ supply plan to provide a source ofwater supply to the grovel <br />operation until a decree is obtained in the Water Court case. <br />In summary, Angus Investment LLC aclmowledges that it will ultimately need Water <br />Court approval of a change of water rights or plan for augmentation to provide a full, ]egal water <br />supply for its expanded gravel operation. However, while the Water Court application is pending, <br />_ limited gravel mining~olxration maycontinoe at the site with water supplios provided by diversions <br />L from Smith Creek under free river conditions and/or under a substitute water strpply plan to be <br />approved by the State Engineer's office. If I can answer any questions or provide additional <br />~ information, please let me know. <br />