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• Aa C) I <br />RPM, Inc. <br />permits. In any event, the Agreement is not a condition of a MLRB or DRMS permit. In <br />addition, as described below, Duckels construction performed on the agreement at the <br />time the original owner, Mr. Kline, owned the property. <br />• Duckels Construction did, in fact, install two new wells (#162892, on 12/23/1991, and <br />#162528, on 12/23/1991) when the property was owned by Mr. Kline (The Colorado <br />Division of Water Resources Detail Summary sheets, attached) and after the date of the <br />agreement, May 25, 1990. <br />The wells were drilled to depths of 21 feet into tight shale, have static water levels of 17 feet and <br />have pumping rates of 4 gals/minute each. (Division of Water Resources Well Detail Summary <br />sheets) The Agreement required a minimum of 4 gals/minute. Duckels Construction, therefore, <br />satisfied the terms of the Agreement since the Division of Water Resources Well Detail <br />Summary show pumping rates of 4 gals/minute. If there are legal issues surrounding the well's <br />production, we believe it is a civil court issue and not a matter for the DRMS or MLRB to <br />consider. <br />Duckels Construction thanks the Board and the DRMS for the opportunity to provide a response <br />• to the comment. <br />Encl: Division of Water Resources Well Detail Summary Sheets (2) <br />Respectfully <br />H. Bruce Humphries <br />Consultant for Duckels Construction <br />Cc: Duckels Construciton <br />Attn: Mr. Fred Duckels <br />3500 Duckels Ct. <br />Steamboat Springs, CO 80487 <br />• <br />2