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3, <br />JIM TATUM <br />ATTORNEY AT LAW <br />Telephone (719) 846-0149 Facsimile (719) 846-0159 <br />February 10, 2004 S~pNN~ <br />Mr. David Berry <br />Colorado Division of Minerals & Geology <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Iv71. Berry: <br />Thanks for your letter of February 4, 2004. <br />RECEII/ED <br />FEB 1 i 2004 <br />Division a/Minerals and Geolou~~ <br />The well that supplied water for the domestic use of the house located south of <br />Highway 12 is as follows: <br />1. Well in question was drilled long before any permit was required as to the <br />State Engineer. Everyone got side tracked on this in the initial <br />investigation. The wells pre-dating the water act do not have to be <br />permitted. <br />2. The well in question was the sole source of domestic water for many yeazs <br />at our house on the highway. It was in continuous use for years until the <br />drainage of our water bearing formation by the airshaft depleted the <br />water strata. Well has very limited production capability now as <br />opposed to before drilling the uncased airshaft through the water strata. <br />Please note that the destruction of the water bearing strata is just as compensable <br />as an existing well. , <br />What about the airshaft? Fourteen (] 4) years have now gone past. <br />Very truly yours, <br />AW OFFICE JIM ATUM <br />Tatum <br />JT/ah <br />129 North Commercial Street Trinidad, Colorado 81082 <br />