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06-06-2006 02:38P11 FROIA-DOL RATURAL RESOURCES 3035663558 i-572 P.OOB/027 F-633 <br />water, the excess water is pooling rather than traveling through the ditch to the South Platte <br />River. The Plaintiffs and the Depatttnent of Minerals and Qeology era concerned that this will <br />erode the battles and walls of the lugbway_ Although CDOT has claimed that there is no bottom <br />to the box culvert, a Lafarge employee has personally dug through the earth and found the lined <br />botuttn of the culvert. Lafarge and the tenant farmer of the property have been concamed with <br />the pooling of water at the emrattce of the culvert and with the integrity of the area Lafarge and <br />the tenant farmer of the property are also concerned that there tnay be negative itrtpacrs at the <br />bo>< oulveR because of the ba:ricades. <br />26. Defendants Chavers have complained to the DMG e'tatiag that the discharge <br />through the culvert under Highway 85 has taken place because CDOT has refused to let <br />Plaintiffs discharge at other proposed locations. Aa a result, they are claiming that they have had <br />to remove their livestock from pastures where the stagnant water is being discharged and are <br />now required to feed the barren hay that they did not have to do before. Despite thn fact that the <br />ditches were recorded with the State Engineers Office, they further claim that they have been <br />unable to find arty eacemeAt allowing this type of activity. These claiuts are without regard to <br />Plartttiffs' property rights in the Porter Seepage Ditch. <br />27. The water which should pass throttglt the culvert and onw the Porter Seepage <br />Ditch has also become stagnant because of the cemetrt barricades placed in front of the culvert by <br />CDOT> which has restricted the natural sad historic flow of the water. The discharged water <br />would ttatttrally flow through fire box culvert and onto the Portrr Seepage Ditch, and, has Haver <br />exceeded the amowtt allowed by recorded docutaenu (15 cfD). <br />28. CDOT bas also uses the porter Seepage Ditch via a drain located on the rttadian on <br />Highway 85. The ~occdss water on the tttedian Rows toward and into the draitt in the median of <br />Highway 8S, under Highway 85, and then acits into the Porter Seepage Ditch. The Highway 85 <br />storm water flan travels through the Porter Seepage Ditch and iron the South Place River. <br />29. CDOT has also complained abcut use on the Ogilvie Ditch located on the Finley <br />property. The Ogilvie Ditch was established is 1909. In August 1452, the Colorado Department <br />of Highways issued a Memorandum of Settlement between the owners of the lead, the Ogilvies, <br />and the Colorado Deparuuent of Highways for the purchase of the easetttent for riglu-of-way <br />purposes.. The amount of the settlement was $3,650.00 and the purpose of the Settlement was to <br />allow the Departtueat to enter upon the easement to construct a channel for a surface ditch for <br />the use and bene5t of the owner. As a result, the Colorado Depamnent of Highways constructed <br />a culvert, which directs water under the Highway, and onto the Ogilvie Ditch and into the South <br />Platte River. <br />30. A culvert ie located on Plaintiff's pzoperty and under Highway 85, which allows <br />drainage of water (Q maximum 7 cfs) to pass thtnugb the culvert, to the Ogilvie Ditch, and into <br />