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Mr. Tony Waldron <br />May 11, 2009 <br />Page 2 <br />McCanne Ditch has no river headgate and was adjudicated in 1918 as a seepage ditch which took <br />its supply from springs and percolating groundwater in the area to be mined and what is now <br />Bromley Lakes. The McCann Ditch was awarded a priority of March 16, 1892 for irrigation of <br />300 acres, not to exceed 900 acre-feet per year at a flow rate of 4 cubic feet per second. Recently <br />the flow rate has been greatly diminished and we suspect that this relates to Ready Mixed's <br />mining activities. We are in the process of cleaning and maintaining the ditch to see if that <br />remedies the situation before we made public our concerns regarding the mining activity. <br />There is a pending application to change this McCann Ditch irrigation use to <br />augmentation and replacement in the Water Court in Greeley (Case No. 07CW320). Such a <br />change will require less water, but in order to maintain the historic regime of the river, the <br />McCann Ditch and Reservoir Company will need to deliver at least 900 acre-feet per year from <br />this structure to an augmentation station near the old Brighton Sugar Factory. <br />Ready Mixed cannot seriously question the rights of McCanne Ditch. As recently as 9 <br />years ago, the parties entered into a relocation agreement in order to accommodate Ready <br />Mixed's mining of Bromley Lakes (see Easement Agreement of August 30, 2000 enclosed). <br />Much more importantly, however, is the agreement that was entered into in conjunction with the <br />original mining permit back in 1987 (see Agreement of May 27, 1987 enclosed). <br />Accordingly, the McCann Ditch and Reservoir Company strongly objects to the <br />issuance of any new mining permit until the Applicant can demonstrate that the historic <br />groundwater regime which is the supply to the McCanne Ditch will not be impaired by Ready <br />Mixed's mining activities. <br />Respectfully submitted, <br />McCann Ditch and Reservoir Company <br />Enclosures <br />cc: Alan L. Howard, Brierley Associates, LLC <br />Bob Fleming, ADCO Consulting <br />Jim Landeck, City of Brighton <br />Jeff Schwartz, Esq. and David Bailey, Esq., Carver, Schwarz, McNabe & Bailey, LLC <br />Bill Timmons, Ready Mixed Concrete <br />Timothy J. Flanagan, Esq., Fowler, Schimberg & Flanagan, P.C.