2011-08-09_HYDROLOGY - M1987049

• Permit No: M1987049
• IBM Index Class Name: HYDROLOGY
• Doc Date: 8/9/2011
• Doc Name: SWSP
• From: OSE
• To: Bishop-Brogden Associates, Inc.
• Permit Index Doc Type: Hydrology Report
• Email Name: DB2
• Media Type: D
• Archive: No

AFFIDAVIT OF USE. OF RMCC .FULTON SHARES'
E.W. Timmons, 111, being first duly Sworn upon oath, does state as follows: •
1. I am an individual whose, businessaddress: is 145$5 Brighton Road; Brighton, :Colorado,
80601. I am over the a8e of "1 "8years,old.
2. 1 am the. Genera Manager.— Aggregate Operations for Ready Mined Concrete Company:
1 have been employed by Ready Mixed Concrete, Company, since 1
3. Through my employment,1 am familiar with the past, ourrent and future use of certain
shares. of Tiie Fulton. Irrigation Ditch Company owned. by Ready Mixed Concrete Company or its
affiliated corporations identified below, all'.of which are .collectively..rcforred to herein for
convenience as' "RMCC; These shares arc :descnkitd.as fgllows to herein aa.'the
"RMCC Fulton Shares ":
a. CeitificateNo..37 "20 gn'11 shares; issucdto RMCC;,
b. Certificate;No..3168; for '19 shares issuedto Aggrcgate.Investments, Lte;.
c Certificate1419.3709; for54liares, issued to Sprat- PiatteRahch.Co.,ILLF;:and;
d.. Certificate No: 3711, fir 15 shares, issued to Sprat -Platte Ranch .Co. .LLLP.
4. The RMCC Fuiton.Shares have historically.been used forirrigation of lands. located in
the vicinity of.the.City ofBrightori. The shares covered byCertificate Nos: 3120,.:3708 and 3711
irrigated lands.located in T..1 67 W:, 6 Theshitret covered. by Cer'tiflcate No 3709
were used to irrigate lands In T.. 1. N., R. 66 P. M..Portions .ofthe .historically irrtgated•acr'eagc
are owned by RMCC and portions of these lands are: owned bythird- patties.
5. Substantial portions of the lands historically irrigated by the RMCC'Fulton Shares,
whether owned by RMCC or by third - parties have been mined for and and gravel by RMCC and
permanently removed from irrigation:
6. At the present time, none of the RMCC Fulton Shares are used for irrigation and all of-
them are committed to augmentation and replacement purposes through a•substitute water supply
plan ( "SWSP ") approved by the Colorado State Engineer's Office. The SWSP replaces depletions
from past and present mining operations conducted by RMCC. These mining operations are
described below and referred to herein as the "RMCC Mining Operations ":
a. North Tower Pit,.mined under MLRB Permit No. 1977- M-436;
b. Bromley Lakes Pit, mined under MLRB Permit No. M- 1987 -049, as amended;
and
c. Ready Mixed Pit 1, mined under MLRB Permit No. M -1985 -017.