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i • <br />Mr. Jim Stevens <br />November 2, 1995 <br />Page 2 <br />property. More importantly, the many adjudicated springs which <br />supply water for the trout farm business lie to the south of the <br />gravel pit. Those springs arise along the west and south <br />boundaries of the Ganns' property. <br />My clients expect that in the near future there will be filed <br />with your offices an application for a new Corey gravel pit to be <br />located directly to the south of the area covered by the above- <br />noted permit. I believe that the land to be mined under the new <br />permit will be shown as lying within the southwest quarter of said <br />section 19. I understand that the land to be stripped and mined is <br />presently irrigated farm ground and that it is the precise area of <br />Spring Creek Mesa from which many of my clients' adjudicated springs <br />derive their source of water. While detailed geohydrological <br />studies are presently being conducted on the Ganns' property, it is <br />my clients' belief and understanding that the conversion of that <br />irrigated farm ground into a mine for gravel extraction will have <br />an immediate detrimental effect on their adjudicated springs. <br />Those effects are expected to include a decreased flow of water, <br />contamination of the springs and an increase in water temperature <br />due to removal of overburden. Any one of these circumstances will, <br />in turn, have a negative impact on Ganns' trout farming business and <br />on their livelihood. <br />In addition to the above-described concerns, the Coreys in <br />their February 6, 1980 Agreement of Purchase and Sale, a copy of <br />which has been placed of record in Montrose county in book 903, <br />pages 706 th ough 723, specifically agreed to avoid any form of <br />damage to th adjudicated springs. That agreement is also useful <br />in its listi g of all of the adjudicated water rights conveyed to <br />my clients a part of the transaction, and confirms in paragraph <br />3(D) that the land and water rights were valued at $60,000 in 1980. <br />I have enclos d a copy of this agreement for your review and would <br />especially in ite your attention to paragraph 22, captioned "Use of <br />Irrigation W ter by Sellers". <br />In addi <br />offices, I ~ <br />name to be <br />hearings the <br />application. <br />Thank <br />important <br />n to placing my clients' concerns on record with your <br />ld appreciate it very much if you were to cause my <br />:luded in all mailings of documents or notices of <br />may relate to the Coreys' impending mining permit <br />in advance for your courtesy and cooperation in this <br />~r . <br />r y~/~~V ` <br />L a <br />S phen M. Mathis <br />enc. <br />