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MOSES, WITTEMYER, IiARRISON AND WOODRUFF, P.C. <br />Maureen 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 es "free river" conditions. <br />Since tha existing gravel 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 todevelop asecure,year-round <br />supplyforthe expended gravel operation, it is reasonable to assume thatthe currentmining operation <br />can continue with thereletivelysmell amountofwaterneeds beingmet through freeriverdiversions. <br />To the extent that water is available to any of Angus Investment's small storage reservoirs under free <br />river conditions, water could also be stored for Eater pumping and use for dust suppression. <br />Angus Investmant LLC has asked my firm to analyze the water rights 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 rights engineers, to assist with this project. Martin and Wood is evaluating tho <br />water rights acquired with the King Mountain Ciravel property, as well as othea water rights on <br />Angus Investment's Kiag Mountain Ranch for potential use as arr augmentation source a exnect- <br />tofile aWater Court application as soon as Martin and Wood's evaluation is complete. Ifnecessary, <br />once the W star Court application is filed, we will also apply to the office of We State Engineer for <br />approval ofa temporarysubstilute watersupptyplan to provide a sotttce ofwatersupplytothe gravel <br />opeation until a decree is obtained in the Waur Court case. <br />L In summary, Angus Investment LLC acknowledges that it will ultimately neod W star <br />Court approval of a change of water rights or plan for augmentation to provide a full, legal water <br />supply for its expanded gravel operation. However, while the Water Court application is pending, <br />I- limited gravel mining•operation may.continue at the site wilt water supplies provided by diversions <br />L from Smith Creek under free river conditions andJor under a substitute water supply 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 />