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f Sept 6, 1994 RECEIVED . SEP - 91994 Ms. Pam Acre Tuttle Applegate Inc. 11990 Grant Street, Suite 410 Denver, Colorado 80233 -- -- ----_Dear--Ma-~~- ---- -- --- - --------- ----- --- -- ------------_ _.__ __ _---- ----- - I am in basic agreement with your plan regarding the Kehn Pit, with the exception of the following comments and questions. How will it be shown conclusively that the dewatering is the cause of the lower water table? What evidence or conditions would have to be presented or what conditions met? My position is that if the water table is lower than normal, then it would be up to Mr. Kehn to prove that the dewatering operation is NOT the cause of the lower water table. That is of course, that we are applying the historical amounts of water to the field, and we are not in some prolonged drought. With regard to recording amounts, dates etc of water used... There are no weirs or gauging stations on the Arthur Ditch so I can not provide you with precise amounts of water applied to this field. I can ask the farmer to record the days that he irrigates with a normal head of water, but that is as close as I can come to a measurement. Since our interest is to grow corn or similar crops, we will be applying whatever it takes to grow the crop. Limited of course by the amount of water available to us as our share for that particular year. We can accumulate data (No. of days irrigated), correlate that with weather data, and the water table, and thus draw some conclusions from this history. Some language should be put in this document assuring access by Mr. Kehn's people to monitor the well on my property. As well as access by me for the two wells on the Kehn property. I also need to approve the exact location of the well on my property so as to impact the farming as little as possible while at the same time locating the well where it will give us the required information. Also the drilling of the well should take place after the corn has been harvested. This will likely be in mid to late October this year. Please call my pager when you have faxed me a response to this letter. My pager No. is 581-7243. My fax No. is 303-667-3087.