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Fuel maintains this is not evidence of current agricultural practice. If the diversion had been successful in providing greater native grass productivity or in establishing a hay crop, it would not have been discontinued for the past 5 years (because the Bolton Draw drainage is used for grazing land by the Noffsinger Ranch). Page 111 of Section 2.06.8 (3) states "According to Mr. John Nuding, manager of the nearby Noffsinger Ranch, the soil in Bolton Draw is not suited for crops as hay because of its poor characteristics (mainly high clay content). This is evident from the obvious failure of the Bolton Ditch which could not even help native grasses to grow." ~J Additional supporting evidence that Bolton Draw is not suitable for growing cash crops may be found in the unpublished document entitled "Soil Survey of Jackson Count Colorado", by Louis A. Fletcher, United States Department of Agriculture, Soil Conservation Service. Mr. Fletcher shows the regions mapped as Qal on Exhibit C-2 to contain a Spicerton series soil type. A description of the soil type found on Page 45 of the report states: "The Spicerton. series consists of deep, well drained to moderately well drained soils that formed an alluvial sediment from the Coalmont Formation...The native vegetation is mainly westeri wheatgrass, saltgrass, alkali bluegrass, alkaligrass, squirreltail, winterfat, greesewood, big sagebrush and mat slatbush... In a representative profile the surface layer is pale bro~:n sandy loam about 2 inches thick. The subsoil is brown clay about 10 inches thick. The under- lying material is brown clay. Salts sufficient to affect plant growth have accumulated in the lower part of the subsoil and in the underlying material... Available water capacity is moderate; however, much of the soil moisture is not available for plants because of the salt content." Further documentation on Page 46 lists a descriptioh of a representative profile of the Spicerton sandy loam stating that the top 2 "of the sandy loam are strongly alkaline while all underlying clay zones are very strongly alkaline. Also stated (on Page 46) under the description for the Spicerton sandy loam is the following: "Included with this soil in mapping are a few areas of Spicerton soils that have an extremely high sodium content that prevents plant growth..." To the best of Wyoming Fuel's historically irrigated land in to attempt to increase native land grazing or to attempt to fact that the diversion usage past 5 years is a testimonial knowledge, the 55 acres of Bolton Draw were used either grass production for range- establish hay land. The has been abandoned for the to its failure. -10-