2008-03-10_REVISION - C1996083 (2)

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