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~~__ E,` • . APR 1 ~ ~~I"' oiviSi0t1 of Minet3b ~ GEOb9° WESTERN SLOPE FLAGSTONE QUARRY #2 3316 E.'/. ROAD CLIFTON, COLORADO 81520 (970)434-7948 April 7, 2000 Board of Directors Ute Water Conservancy District 560 25 Road Grand Junction, Colorado 81506 Dear Members of the Boazd: This letter is written to you regarding the existing Ute Water pipeline which traverses my property and regarding Ute Water's proposal to relocate and expand the existing line. I am the owner of parcel 2709-344-00-070, which is located north of the Ute plant. This parcel was previously owned by Public Service and was transferred to me in 1994. The property is burdened by a license agreement between Ute Water and Public Service Company dated April 30, 1962, a copy of which is attached to this letter. I purchased the property subject to this agreement. The Ute Water pipeline is located on my property by virtue of this license agreement. In 1978, pursuant to the requirements of C.R.S. § 34-1-301 - 305, the Colorado Geological Survey prepared a study showing the mineral resources of Mesa County. The study shows significant mineral deposits on virtually all of this parcel. As you are aware, I am conducting mining operations on this parcel for the extraction of mineral depusils, including quarry aggregate. As my operation expands, I will require access and the full use of all of the parcel for the extraction of the commercial mineral deposits. The existing Ute Water line and the proposed new Ute Water line across [his parcel are located within the commercial mineral deposit fields identified by the State Geological Survey. C.R.S. § 34-1-301 - 305 was enacted for the purpose of preserving commercial mineral deposits and ensuring that full access was maintained for the extraction of these commercial deposits. Accordingly, the statute prohibits the development of any lands with commercial deposits which prohibits or interferes with the extraction of the minerals.