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06-05-2006 02:38PM FROM-DOL NATURAL RESOURCES 3036663555 T-5T2 P.006/027 F-633 12. Edith Cbaveta is as individual whose primary residence is in Weld Couary, Colorado, and who upon information and belief owns the real property described on Exhibit E. 13. CDOT is the Colorado Department of Traaspottatioa. The legislature reorganized highway maTters and created The Colorado Division of Highways, which became the Colorado Department of Transportation in 1991. CDOT connects and operates State Highway 8S. IV. BACTUAL ALLEGATIONS 14. Ia 1908, the Ogilvie Seepage Ditch was established to transport water from certain highpaints to the South Platte River. The Ogilvie Seepage Diteb bas been cotttinuottsly used since then as part and parcel of the operation and trsn of the Plaiat%ffs' PmP~'• 1S. In 1919, the Porter Seepage Ditch wa, established to transport water from certain high pouts m the South Platte River. The Porter Seepage Ditch has been continuously used since then as part and parcel of the operation and use of the Plaintiffs' property. 16. Oa August 26,1952, a Metooreadttm of Settlement was issued sad as agreement was reached between the then owner of Plaintiffs' parcel and the Department of Highways and the State of Colorado, for construction of State Highway 85 over the ditches, via culverts constructed by the highway department. Since then, the ditches have discharged water to tin= South Platte River under State Highway 85. Further, a-torm runoff from the highway median also uses the ditches bu! without legal tight. CDOT has installed a drain in the highway median sad a culvert under the southhound highway where water runs under the highway and iota the Porter Seepage Ditch. CDQT's right to use the Porter Seepage pitch is inferior to Plaintiffs' right and any right of CDOT to use the ditch tray be revoked at anytime. 17. In 2!105, Defendants Cbavers and Defendant CDOT were advised of the Plaintiffs' zequast to develop and permit the property arJd w use the Porter Seepage Ditch and the Ogilvie Seepage Ditch. Those deverlopaaent permits were issued using the same Lupton Lakes Project. in March of 2086, Mr. Cbavars requested a meeting with the Division of Minerals 8t Geology (DMCr) to discuss the Lupton Lakes Project He stared that he was concerned with the progeny looted at Road 8 and U5 85 and was primarily wncerrtad with water being pumped onto leis property as a result of the project. At no tithe have the Plaintiffs used or tbreatmed to ttse the Porter Seepage Ditch in excess of the emanate allowed by the declazatioa of the ditch: 1 S af9. 18. Prior to the request made by the Defendants Cbavers to the DMa, the Plaintiffs were granted a Use by Special Review PermiT by the Ciry of Fon Lupton and a Section l 12 Permit from the Mined Land lteclamatiaa Board. Following this grant, the Plaintiffs commenced work for the sand and gavel operations.