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In the 1985 Agreement, Flatiron agreed to provide augmentation water to the <br />Water Users Association to the extent that the surface area of exposed ground water <br />resulting from mining operations exceeded the historic 14.2 acres. <br />As you are aware, C.R.S. 37-990-137(l 1)(a)(1) provides that: <br />...no increased replacement of water shall be required by the water court or the <br />state engineer whenever the operator or owner of land being mined has, prior to <br />January 15, 1989, entered into and continually thereafter complied with a written <br />agreement with a water conservancy district or water users' association to replace <br />or augment the depletions in connection with or resulting from open mining of <br />sand and gravel. <br />The 1985 Agreement constitutes such an agreement. <br />The 2010 aerial photograph attached hereto as Exhibit D evidences that the <br />remaining lakes on the Deepe Farm consist of two remnant ponds having 2.26 and 1.73 <br />surface acres, for a total surface area of 3.99 acres. This is far less than the 14.2 surface <br />acres that pre-existed mining operations. Thus, pursuant to the 1985 Agreement, and <br />C.R.S 37-90-137(11), no augmentation or replacement of evaporative losses from these <br />Deepe Pit ponds is required. Moreover, the current reclamation plan for the Deepe Pit <br />calls for exposed water surface areas of no more than 4.2 acres, which is also far less than <br />the historic 14.2 acres. <br />In conclusion, the University submits that it is in full compliance with Colorado <br />water law and has no obligation to augment or replace the evaporative losses from the <br />remaining ponds on the South Campus. If you disagree, please contact me so that we can <br />pursue this discussion. Otherwise, the Regents will assume that the issues raised by your <br />April 30, 2010 letter have been adequately addressed. <br />V11 ours, <br />Browning <br />cc with encl. via email: Jeff Lipton <br />Gary Thompson <br />00041904