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• "A concrete pad 6' by 6' by 4' shall be constructed on the surface around <br />the well casing with the top of the last section of casing to be a minimum <br />of 6" above the finished grade." <br />• "GUARANTEE. The water well to be constructed by the contractor for <br />the landowner shall produce a minimum of four gallons of water per <br />minute. The Contractor guarantees the water production from the well <br />from the date hereof until one year after the gravel pit area reclamation is <br />completed according to applicable governmental regulations. If at any <br />time the water production is reduced to a level below that of four gallons <br />of water per minute, the Contractor at Contractor's expense shall <br />immediately take such action as shall be necessary to increase the water <br />production to the four gallon per minute standard." <br />Presently, the output of the well is well below the above stated guarantee. I have <br />been renting the ranch house since the fall to a single occupant. The well has gone dry <br />multiple times and water has had to be trucked in. The tenant has hauled in 400 gallons <br />of water and it "dissipates" within 20 minutes. Gary Gline, who owned the ranch until <br />the early 2000's, never ran out nor had to haul water. The agreement states that "the <br />depth of the water of the water well shall exceed the depth of the Contractors anticipated <br />gravel pit excavation on the adjoining property by at least six feet and shall have a <br />minimum depth of thirty feet." The present well is only 17' deep and certainly is not <br />deeper than the pit excavation by six feet. It also guarantees a minimum of four gallons <br />of water per minute. The aquifer has obviously been disrupted. <br />My research has divulged that the previous owner of the property, Christopher <br />Brown, notified Duckels Construction via letter (Exhibit B) on February 9, 2007, that <br />their gravel operation at the Bettger Pit had caused the well constructed by them by the <br />1990 agreement to fail and that remediation needed to be done immediately. My <br />understanding is that Duckles Construction never responded to that letter - choosing to <br />ignore the problem rather than address it. Mr. Brown has told me that to pursue the <br />matter in the legal system would have cost him in excess of $ 25,000 and he just did not <br />have the funds so he did not pursue it. However, that still leaves a dry well or one that is <br />totally inadequate. <br />We feel very strongly that Duckels Construction should not be allowed further <br />operation or expansion until the issues of their gravel operation affecting our water rights <br />and well be addressed. In our opinion, this is no different than another rancher diverting <br />water for their use - in this case they have no use for the water -just there operation has <br />robbed our property of water. <br />Mr. Czapla, as you are aware, we reside in New Hampshire but we are more than <br />willing to attend any meetings or meet any other requests that you might have reference <br />this very significant issue that affects our property in Steamboat Springs. We look <br />forward to working with you. <br />Sincerely yours, <br />Harry and Susan Brown