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MOSES, WITTEMYER, HARRISON 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 as "free river" conditions. <br />Since tho 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 frce river conditionsexist inthe Egeria/Smith Creek basins for a good <br />part of a normal water supplyyear. While Angus Investment intends to develop a secure, year-round <br />supplyfortheexpandedgraveloperatian, itisreasonabktoassumethatthecurrentminingoperation <br />can continuewith therelatively smell amount ofwaterneeds beingmet through free river diversions. <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 later pumping and use for dust suppression. <br />Angus Investment 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 meat 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 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 potential use as ari augmentation source~ssapt~t_ <br />to file a Water Court application as soon as Martin artd Wood's evaluation is comalete. Ifnecessary, <br />once the Water Court application is filed, we will also apply to the office of the State Engincer for <br />approvalofatempotarysubstitutewatersupplyplantoprovideasoutt:eofwatersuppiytothe gravel <br />I . operation until a decrcx is obtained in the Water Court case. <br />L r» summary, Angus Investment LLC acmowleages that it will ultimately need Water <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 W star Court application is pending, <br />C limited gravel mining~operation may continue at the site with water supplios provided by diversions <br />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 Imow. <br />