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<br />GREGORY D. THOMAS <br />February 20, 2008 <br />GREGORY D. THOMAS, P.G. <br />ATTORNEY AT LAW <br />81 O1 E. PRENTICE AVE., SUITE 800 <br />GREENWOOD VILLAGE, CO 801 1 1 <br />VOICE: 303.407.0486 <br />FAx: 303.322.9574 <br />EMAIL: GREGORYDTHOMAS@YAHOO.COM <br />Carolyn Parkinson <br />Elbert County Community Development <br />P.O. Box 7 <br />Kiowa, CO 80117 <br />Re: Miller Gravel Pit Water Use <br />Section 28, T6S, R64W, 6th PM <br />District Court, Water Division No. 1, Case No. 92CW106 <br />Dear Ms. Parkinson: <br />As you know, I represent Rick Hunt in his legal matters. In our telephone conversation yesterday, we <br />discussed water usage at the Miller Gravel Pit ("Pit") in the context of the letter dated December 13, 2007 <br />you received from Kevin G. Rein, P.E. of the Office of the State Engineer ("Letter"). The purpose of my <br />letter is threefold: first, to provide you with a copy of the existing water lease between Mr. Hunt and the <br />Town of Elizabeth ("Town") dated June 22, 2004 ("Existing Lease" or "Agreement"}; second, to assure <br />you Mr. Hunt continues to replace water depletions from Pit operations in accordance with the Decree in <br />Case No. 92CW 106 ("Decree") and third, to allay any concerns you may have regarding the sufficiency <br />of water available for use at the Miller Gravel Pit now and in the future. <br />1. Existing Lease <br />In his Letter, Mr. Rein noted the augmentation plan approved by the Water Court in Case No. 92CW 106, <br />utilized replacement water from the Town under a 15-year lease which expired in 2004. The 15-year lease <br />was entered into between the Town and Robert Miller, the prior property owner. Mr. Rein advised you <br />that the Applicant (Mr. Hunt) should provide evidence that the augmentation plan decreed in Case No. <br />92CW 106 is still operational. The Existing Lease is the evidence Mr. Rein is referring to. <br />Pursuant to the Agreement, Mr. Hunt purchases 100 acre=feet of water annually from the Town (see <br />Paragraph No. l of the Existing Lease). The Agreement is automatically renewed each January 1 st unless <br />either party gives the other ninety (90) days written notice of its intent not to renew (see Paragraph No. 8 <br />of the Existing Lease). I can confirm no such notice has been tendered by either party since the <br />Agreement's inception. <br />2. Replacement of Water Devletions <br />The water purchased from the Town under the Existing Lease is used by Mr. Hunt to replace depletions <br />from Pit operations in accordance with the Decree. As you can see below, there is more than enough <br />water to replace the Pit's water requirements now and in the future. <br />3. SufficiencX of Available Water <br />The Decree describes four sources of water depletions associated with the Pit operations. They are: <br />evaporation, washing, dust control, and stream and transportation losses. In total, the Decree expects Pit <br />