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AFFIDAVIT <br />I, Garrett C. Varra, Vice-President of Varra Companies, Inc. do swear and depose as follows: <br />1. The Durham Pit (DMG No. M-78-056) is located in portions of Sections 3, 9, and <br />10, Township 5 North, Range 65 West, 6* P.M., Weld County, Colorado. <br />2. The Kurtz Resource Recovery Project (DMG No. M-99-006) is located in <br />portions of Sections 28 and 29, Township 3 North, Range 67 West, 6"i P.M., <br />Weld County, Colorado. <br />3. The Heintzelman Mine (DMG No. M-09-18) is located in a portion of Section 32, <br />Township 3 North, Range 67 West, 6d' P.M., Weld County, Colorado. <br />4. The Western Sugar Mine (to be permitted) is located in portions of Sections 4 and <br />9, Township 5 North, Range 65 West, 6'" P.M., Weld County, Colorado. <br />5. Five (5) shares of Greeley Irrigation Company, four (4) shares of Rural Ditch <br />Company, and portions of the water rights decreed in Case No. OICW274 are or <br />will be approved for use in Substitute Water Supply Plans for the sites listed in 1. <br />through 4. above. <br />6. The water listed in 5. above is dedicated solely for use in the Substitute Water <br />Supply Plans for the sites listed in 1. through 4. above. <br />7. Any additional use of the water listed in 5. above will be only with the Division of <br />Water Resources' and/or the Division One Water Court's approval. <br />Further Affiant sayeth naught. <br />Garrett Varra ??- <br />8120 Gage Street Affiant (Signature) <br />Frederick, CO 80516 <br />STATE OF COLORADO ) <br />) ss. <br />COUNTY OF WELD ) <br />The foregoing instrument was subscribed and sworn to before me this L day of November <br />2010 by Garrett C. Varra. <br />Witness my hand and official seal. <br />My commission expires: 10///311 ;t, <br />Qr M <br />Notary <br />