2008-01-03_REVISION - C1981008 (8)

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W T In the beginning, the New Horizon Mine used my water to irrigate land that was dry. I am referring in particular to the 80 acres belonging to San Miguel Power. Now as they progress westward, they are declaring that I do not have enough water to irrigate my land; therefore they are asking it to be designated as dry land. How can it be right to continue to irrigate dr?land property with my water - vet request that my land which had previously been irrigated by that same water be declared as dry land? The Mine says that San Miguel Power has a water right out of Calamity Draw that will irrigate the 80 acres. We have enough water in our 44 shares to irrigate all of our property. Thus, the Mine should have enough water to irrigate all of the reclaimed property. But, if the problem is that there is not enough water in the Calamity Draw water right to irrigate the 80 acres that belong to San Miguel Power, then that eighty acres should be returned to its original condition as dry land so that our eighty acres can be returned to its original condition as irrigated farm land. Our contract with New Horizon Mine states that our land will be put back under a gravity fed sprinkling system to be irrigated with our 44 shares of water. We have every right, including a contractual right, to expect that our land be returned to the same use as it was before being mined. New Horizon has done a good job of reclaiming the first portion of our land. We are asking only that our last eighty acres be put back under irrigation and not be turned into dry land. We feel strongly that allowing this land to be designated dry land is a violation of our contract with the mine to return the land to the same use (irrigated) that it was before being mined. I would be glad to meet with you any time. There must be a better way to solve this problem than to declare previously irrigated land as dry land. Sincerel Bud Benson (480) 488-1230 Home (602) 363-9663 Cell