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Mike Boulay -11- April 11, 2011 <br />In regard to potential impacts from the Grand Valley Canal, the person who <br />performs the monitoring will indicate when the Canal is flowing. <br />20. There was a water court application submitted by Tavistock Partners LLC to the <br />District Court, Water Division 5 on November 19, 2009 that proposes water <br />diversions for use in the same area as the proposed Fruita Loadout. An amended <br />application was submitted by CAM -Colorado, LLC in September 2010. After <br />reviewing this application it appears that CAM is proposing to divert water for <br />industrial uses on the Fruita Loadout site from both Loma Drain and Reed Wash. <br />This application is still in review with the Division 5 water court. There is no <br />discussion of these diversions in the current application. Please update all <br />appropriate sections of the PAP with this pertinent information including the <br />water rights discussion in Section 2.04.7. <br />This item refers to the last comment in Item 7 above. If construction operations <br />(or any other mining/industrial operations) might impede the flow of water in a <br />stream system CAM should contact the water commissioner to make sure they <br />are not preventing water from reaching downstream diversions. Also, if CAM <br />diverts out of priority they will be subject to administration by the Division of <br />Water Resources. The operation's location makes it unlikely that diversions <br />direct from the Colorado River will be out of priority, but it is a possibility in future <br />years and it is a possibility on Reed Wash and Loma Drain. The local water <br />commissioner contact information is provided in the SEO letter provided in <br />Attachment 2. Please address these concerns and provide a substantive <br />response. <br />CAM: The application your question refers to is Case No. 09CW166, Water <br />Division 5. The application was originally filed by Tavistock Partners LLC in <br />November 2009, but was defective and the court refused to publish it. During <br />CAM's acquisition of the Tavistock properties, their attorney's corrected the <br />defects and filed an amended application during September 2010. It was <br />published by the court, and no opposition was filed. The application claims the <br />right to divert from both Loma Drain and Reed Wash for industrial and other <br />uses, as listed in the application. Tavistock retains a 50% interest in the water <br />rights for its own uses, but CAM is responsible for the application. Please see <br />revised pages 2.04-26 & 27 and Map-18. <br />Rule 2.04.9 Soils Resource Information <br />21. It appears that a 1978 NRCS soil survey was used as the base map for the Exhibit <br />7 baseline soil survey, rather than the current NRCS soil survey for the Mesa <br />County Area, as provided in the USDA Web Soil Survey. Based on the Web Soil