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08/18/2006 07:07 7192751715 CONST SERVICES BLDG PAGE 11 Ms. Kate Pickfozd Division of Reclstnation Mining and Safety August 17, 20Q6 Page 5 got included within the meaning of the word 'mineral' as that term is used in conveyances either granting or reserving mineral interests." Kinney v. Keith, 128 P.3d 297, 306 (Colo. App. 2005) (emphasis added). Unless the original parties to the conveyance possessed a specific, contrary intention, a minerals reservation of the kind found in the 1963 Warraztty Deed does not reserve any interest in sand and gravel. Id. No such cnntrary interest "will ordinarily be found absent language or circumstances specifically indicating such intention." Id. at 304. In fact, the Colorado courts have consistently held that minerals reservations and conveyances essentially identical to the 1963 reservation have no effect upon the sand and gravel is the properly conveyed. See Kinney, 128 P.3d at 306-7 (reservation of a "one-half interest in and to all oil, gas and minerals lying in, under or apes said premises" did sot reserve sand or gavel); Farrel v. Sayre, 270 P.2d 190,193 (Colo. 1954) (reservation of "all mineral and mineral rights" did not include sand or gravel); Morrison v. Socolofsky, 600 P.2d 121, 123 (Colo. App. 1979) (reservation of "an undivided one-half of all oil, gas and other minerals underlying the premises" did not reserve sand or gravel). Cargill's cnmplaint does not set forth any grounds for contradicting this long-standing Colorado precedent. To delay approval of or deny Allen's permit application based on Cargill's mero filing of an unsupported quiet title action would give inappropriate legal effect to the complaint, ignore Allen's own duly recorded deed to the property and subvert Cargill's legal obligation to establish by a preponderance of the evidence ownership to dle resources he claims. In summary, Allen has provided all the information required of it unties Rules 6.4.14 and 63.7, and has established its legal right to enter and conduct mining and reclamation on its property. Cargill's action to quiet title to 50 percent of the minerals in the property does not now, and would not, eves if successful, affect Allen's right to enter the property and extract sand and gravel from that property. Very truly yours, TENIICIN WI&I.GA HARDT & LONG KER LLP Scott t Joseph G. Middleton . Counsel for Allen Drilling and Excavating Co., Tnc. SWI3/JGM/csi