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s .., ~ , J <br />7.5 ~ <br />yl~ti' <br />oberl R. Duncan <br />Donald M. Ostrander <br />]olm M. Dingess <br />Steven J. Niparko <br />Kristianna K. Riegle <br />DUNCA A,n II IIII I IIIIII III aI La ESS, P.C. <br />7800 E. Union Avenue, Suite 200 <br />Denver Colorado 80237 <br />Tclcpltone: (303) 779-0200 <br />Tclcfa~: (303) 779-3662 <br />dodpc n,is.netcom.com <br />February 18, 1998 <br />Larry Oehler <br />State of Colorado <br />Department of Natural Resources <br />Minerals and Geology Division <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Re: Valco, Inc. -Request for Release of Easement <br />Dear Mr. Oehler: <br />`~cecial Counsel <br />Ronald E. vonLembke <br />Lynn B. Obernyer <br />Stephanie J. Neitzel <br />RECEIVED <br />FEB 18 1998 <br />Division of Minerals 8 Geology <br />This firm represents the City of Aurora, Colorado, acting by and through its Utility <br />Enterprise, concerning water rights matters. [n the course of such representation I am familiar <br />with the request made by Valco, Inc. to Aurora for release of a certain easement held by the City <br />pertaining to lands in Otero County, Colorado, which Valco seeks to mine. In particular, Aurora <br />in the context of Water Division 2, Case No. 83CW I8 performs certain "revegetation" activities <br />upon property in Otero County. The underlying fee interest in approximately 107 arms of the <br />property subject to revegetation is owned by Valco. Valco previously gave Aurora ari easement <br />pertaining to this 107 acres which allows the City to control certain aspects of use of t he property <br />including non-interference with revegetated areas. <br />Valco recently approached Aurora seeking a release of the easement. Aurora has <br />completed revegetation activities on the 107 acres and I believe would be willing to release its <br />easement provided the Water Court first allows the subject property to be excluded from <br />revegetation activities. To that end and after receiving Valco's request, Aurora negotiated with <br />the major opposing parties in the Water Court case regarding removing the 107 acres from <br />revegetation activities. Those negotiations were amicable and pursuant thereto, Aurora filed a <br />motion with the Water Court to remove the subject property from the revegetation activities. <br />Aurora expects to receive an order from the Water Court concerning its motion in early March, <br />1998. <br />If the Court does indeed grant the motion, Aurora staff will then recommend to the <br />Aurora City Council that the City release the easement. While it is likely the City Council will <br />accept the staff's recommendation, that choice is of course left with the City Council. In any <br />