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1 <br />...--~_ <br />;~' a <br />occurring risks. Terror Ditch and Reservoir Company does not participate, financially or otherwise, in <br />the extraction of coal associated with Bowie Resources Limited mining operations. Any risks created <br />by such mining operations cannot be born by Terror Ditch and Reservoir Company. They must be born <br />by the entities deriving benefit from coal extraction. In this instance, those entities include Bowie <br />Resources Limited via operating income from coal extraction, and the State of Colorado via severance <br />and other taxes, and the County of Delta via severance, property and other taxes. ', <br />Should these benefiting entities elect to proceed over our objections, Tenor Ditch and Reservoir <br />Company must be protected fmm damage by an appropriate water augmentation/mitigation plan that at <br />a minimum: <br />Provides for monitoring of water loss from all affected portions of the watershed, <br />impoundment facilities, and conveyance facilities. ~, <br />Provides for the immediate replacement of water in the event of damage, and/or just <br />compensation for loss due to failure to deliver irrigation water. ~~ <br />Provides for the repair, and/or reconstruction of any damaged portions of our watershed, <br />impoundment facilities, or conveyance facilities. <br />Provides for [he continuation of these protections through any change of ownership', <br />bankniptcy, etc., affecting Bowie Resources Limited or any subsequent operator in the <br />affected area. <br />Provides for the extension of these protections well beyond the date of closure and <br />reclamation of the mine. ~i <br />These were the tenets of prior negotiations between Bowie Resources Limited and Terror Ditch and <br />Reservoir Company. These negotiations have not, as yet, come to closure. Again, Terror Ditch and <br />Reservoir Company strongly opposes any subsurface mining activity within 1 mile of our dam and <br />reservoir. <br />Sincerely, <br />John Ma ewson Brent Helleckson <br />President Secretazy <br />For the Terror Ditch and Reservoir Company Board of Directors <br />