PERMFILE122532

• Permit No: M2003091
• IBM Index Class Name: Permit File
• Doc Date: 1/19/2004
• Doc Name: Adequacy Review
• From: Bernard Lyons Gaddis & Kahn
• To: DMG
• Media Type: D
• Archive: No

DANffiLF. BERNARD
RICHARD N. LYONS,
JEFFREY 1. KAHN
JOHN W. GADDIS
BRADLEY A. HALL
STEVEN P. JEFFERS
WENDY SLEE RLBJNBC
ANTON V. DWOR.AK
ADELE L. REESTER
MADOLINE E.S. WALLACE
EVE I. CANFIELD
BERNARD LYON
S ~7, 303-776-9900
G A T1717C~ ,Q~ ~T77~T
Ei11111L7 w 111 po~ FAX [phone]
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A PROFESSIONAL CORPORATION Mailing address:
ATTORNEYS AND COUNSELORS ~~~ ~-.555 LONGMONTO, C080B020978
Street address:
SECOND FLOOR
515 KIMBARK STREET
/ [e-mail]
January 19, 2004
Ms. Erica Crosby
Division of Minerals and Geology
1313 Sherman Street, Rm. 215
Denver, CO 80203
Re: Application for Duckworth Pit Mining and Reclamation Plan (M-2003-091)
Dear Erica:
As you know, I represent the Smith & Emmons Ditch Company ("Ditch Company"),
which provided comments to Lafarge West, Inc.'s ("Lafarge") Application for
Duckworth Pit Mining and Reclamation Plan. I reviewed your Adrat-r'a"y R_ ~_i~
Letter dated January 16, 2004 and want to clarify a point regarding ¶43 related to
Idaho Creek on the Duckworth Property in the NE r/4 of Section 16, Township 2 North,
Range 68 West of the 6rh P.M.
To aid with my point, please find enclosed a map entitled "Locations of Ditches in
Relation to the Duckworth Pit." The map shows the Duckworth Property, Idaho Creek
and the headgates for the Rural Ditch Company, the Godding Ditch Company and the
Smith and Emmons Ditch Company ("Ditch Companies") on Idaho Creek as well as
the headgate for Idaho Creek on Boulder Creek.
The Ditch Companies own 130-foot-wide prescriptive easements to carry water for
irrigation from the Idaho Creek headgate on Boulder Creek to their individual
headgates on Idaho Creek. Because the Duckworth Property occurs downstream of the
Ditch Companies' headgates, the Ditch Companies do not own prescriptive easements
for the segment of Idaho Creek that crosses the Duckworth Property. As a result, the
Ditch Companies have no opinion regarding Lafarge's proposal to mine near Idaho
Creek on the Duckworth Property. However, please note that other water users may
own prescriptive easements for this segment of Idaho Creek.
Please do not construe the Ditch Companies' positions for the Duckworth Pit as
contradictory to the Ditch Companies' positions for the Shaw Pit. Because the
proposed relocation of Idaho Creek on the Shaw Property occurs upstream of the Ditch
G:ICLIENTS\S\SAEOC\DUCK\LT-CROSBY RE IDAHO CRE EK.DOC 1H9I04