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I'll, <br />o Canyon Sand and ravel <br /> <br />P. O. Box 4362 <br />Pagosa Springs CO 81157 <br />/Y1,,LV 3l, Zola <br />DMG and CMLR Permit No. M-88-057 <br />Division of Reclamation, Mining and Safety <br />Department of Natural Resources <br />1313 Sherman St., Rm. 215 <br />Denver CO 80203 <br />J <br />Attention: Tony Waldron <br />Dear Mr. Waldron, <br />C V D <br />SUN 0 2 wo <br />Division of Reclamation, <br />Mining & Safety <br />it was good to speak with you about our water situation. I am sending copies of the approval of our Well <br />Permit Application back in 2004. Wright Water Engineers did the engineering for the Substitute Water <br />supply Plan for exposing ground water that satisfied all of the criteria for obtaining our permit. We applied <br />to the La Plata Water Court to have our plans approved and made into Colorado law, but our downstream <br />neighbors who also want to create a lake with a gravel pit, have held us up by first objecting that our project <br />might harm their downstream water. This has not happened, the water flow downstream has actually <br />improved by cleaning out all of the willows that sucked up the water where our Canyon Sand and Gravel <br />lake is. Then they wanted to be treated and approved as we were by the State, getting credit for removal of <br />phreatophytes. We had documentation and proof in aerial photos which they do not have as their <br />conditions are not the same as ours were. There has been a delay of years with them hanging us up in <br />completing the court process. At this time we are not really sure what their problem is and why they are <br />bringing us into it. We will get pro-active and see how we can move this along as we do not want them to <br />write us a decree, we have had all of the Durango located State Engineers out to see what we have done and <br />have consulted with the local water commissioners who all have approved of our project. Ken Beegles had <br />some concerns about taking out some more land out of irrigation and we all agreed that if there was a call <br />on the water, we would take an additional area out of irrigation and that area was identified to him. See <br />letter of his recommendation dated March 4, 2005. We expect to get this solved this year so we will be <br />fully completed by 2011. The Wright Water Engineers' Water Supply Plan should be on file in your offices <br />that was sent in July 2004. <br />Attached are copies of the cover of the Substitute Water Supply Plan, Co Division of Water Resources <br />Well Permit, Application to the La Plata Water Court, and a status report for the Objectors who are causing <br />this delay in finalizing our process. <br />Thank you for your attention to our process. Please get in touch with any questions or if you have any <br />information we should have. <br />Sincerely Yours, 1 <br />ci <br />Robert S. Scott <br />Owner/Operator <br />soiree T