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GMS Land and Cattle, LLC <br />219 Palm Springs Ave <br />Cheyenne, WY 82009 <br />Division of Reclamation <br />Mining and Safety <br />1313 Sherman St Suite 215 <br />Denver, Colorado 80203 <br />Attention Eric Scott <br />RE: Carr Gravel Resource i f <br />M L R B Permit # M -1988 -048 <br />M z <br />OCT3 2011 <br />4,49ivision of Reclamation, <br />Mining and Safety <br />`We own a Cattle ranch and g dw — Teed ontTo'wnship IO - Range 66` West Sections <br />8 and 18. <br />We have water rights on Lone Tree Creek dating to March 20, 1930, and have been <br />granted priority as of January 23, 1975. The surface mineral operation up stream from us <br />also uses Lone Tree Creek as a water source and feel they can pump 50, 000 gallons per <br />day. At that rate Loan Creek dries up and we are denied our water right. We ask for <br />compliance from the water rider and water again begins to flow only to dry up before we <br />have filled our holding areas. <br />In the last 2 years, they have decreased their mining operation and water use to 10% of <br />previous years and the water in Lone Tree Creek has been sufficient to filled our holding <br />areas. We are concerned that the operation not be allowed to expand above their 2010 <br />production as we are reliant upon surface flow for our hay crop. <br />This has been an ongoing adversarial relationship and we have tried to be good <br />neighbors, but have been told by the onsite operators that water decisions are out of their <br />hands. <br />Perhaps the State of Colorado can have more influence than we do. Therefore, any <br />permit change we oppose. <br />