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~j~ . • F,ece'r~ed <br />/ AU'G 13 '~'~ <br />Stephen M. Davis <br />6 Willow Place a,ran~oF;:>:~a;;~ <br />Durango, CO $1301 ~°°'~~'-'~'~''~°~Gac~ery <br />Phone: (970)247-54=15 FAX (8-5 Mountain Time): (970)247••5445 <br />TO: COLONEL JOHN N. JtEESE <br />DISTRICT ENGINEER l]ENVER <br />U. S. ARMY CORPS OF ENGINEERS, SACRAMENTO DISTRICT OFFICE <br />1325 "J" STREET <br />SACRAMENTO, CA 958]4-2922 <br />FROM: STEVE DAMS <br />RE: Iv40UNTAIN REDI NJIX APPLICATION (PUBLIC NOTICE NUMBER: 199475260) <br />APRIL ] 6, 1996 <br />This comment is written in opposition to allowing the applicant to continue mining aggregates <br />from the Animas River from what is known as the Thomas Pit, under the extended period for <br />public comment per my telephone conversation with Ken Jacobson on April 15th. <br />I am a property owner (Tract B-], Chamberlain Subdivision), located downstream an~i on the <br />East Side of the river. I own 35 acres as does my mother who owns the adjoining 35 acre tract, <br />for which I am the trustee (Tract B-2, Chamberlain Subdivision). Together, we own 1 c.f.s. of <br />imgation water from the Wallace Ditch. <br />It is the degradation of the river, specifically the drying up of the channel of the river which <br />historically fed the Wallace Ditch for over 100 years, which is at issue here. In addition to the <br />loss of this river channel, the affect on crops, seasonal sloughs and other riparian damz.ge has <br />been huge. And, I believe it can be directly attributed to the Thomas Pit operations. <br />Byway of offering a brief historic background, this water was first appropriated on January 1, <br />1876 and was adjudicated November 8, 1923. It is one of the oldest water rights in ~llater <br />District 30 aad carries a priority number of A-3. This water had been continuously used by its <br />previous owners for over a century, from the same historic headgate, located due east ~~f the <br />Thomas Pit. A Wallace Ditch Diversion Summary 1970-1987 (Exhibit 1), taken from ~a/ater <br />commission records, indicates that the ditch received an~ average of 673 acre feet of water per <br />year over an average of 90 days throughout this period. Also, it received flow when the flow in <br />the Animas has been as low as 188 cfs (measured in Durango). And such ditch flow ha.s been as <br />early as April 20 and as late as October 31st. <br />However, this ditch has been dry for the past 10 years. And, it will never flow again ~v:thout <br />-more- <br />