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November 12, 2010 <br />Dear Dave: <br />BACKGROUND <br />Approach <br />BBA <br />water consultants <br />B ISHOP-B ROGDEN ASSOCIATES, INC. <br />Dave Bailey, Esq. <br />Carver, Schwarz, McNab & Bailey, LLC <br />1600 Stout Street, Suite 1700 <br />Denver, Colorado 80203 <br />RURAL DITCH HISTORIC USE ANALYSIS <br />Michael A. Sayler <br />Christopher J. Sanchez <br />Jeffrey A. Clark <br />Charles E. Stanzione <br />Ray Dunn <br />Daniel 0. Niemela <br />Laurel E. Stadjuhar <br />As you requested, we have reviewed the historic use of water at the Heaton Pit property. This review <br />included a historic use analysis of Lafarge West Inc.'s (Lafarge, formerly Western Mobile, Inc.) two shares <br />of the Rural Ditch that have historically been used on the Heaton Pit property. The purpose of this task is <br />to determine the historic use of the two shares of Rural Ditch water in order to assess its potential for <br />augmentation use. These uses have been requested in Case Nos. 2001 -CW -194. <br />The Heaton property is located in the N1/2 of the NE1/4 of Section 9, Township 2 North, Range 68 West, <br />Weld County, Colorado, as shown in Figure 1. The property historically consisted of approximately 80 <br />acres, including about five acres of farm houses and residential area and a Eve acre parcel that was sold in <br />1970. The majority of the property was historically irrigated with the Rural Ditch shares; however, <br />irrigation declined some over the years due to mining and the sale of the five acre parcel. Significant <br />irrigation continued until 1999, when the mining operation took the land out of agricultural production. <br />Lafarge has used these shares under various Substitute Water Supply Plans at this property since this time. <br />The Rural Ditch diverts from Boulder Creek in Section 20, Township 2 North, Range 68 West, and was <br />originally decreed for 22.75 cfs on June 2, 1882 with an appropriation date of May 10, 1862. The Rural <br />Ditch was also awarded a second priority in the same adjudication for an additional 175.54 cfs with an <br />appropriation date of March 10, 1863. In Case No. 84CW204, 115.29 cfs of the junior priority was <br />abandoned, leaving 60.25 cfs of the junior right remaining. The Rural Ditch has a total of 50 shares and an <br />average annual river headgate diversion rate for the 1911 through 1998 study period of 5,105 acre -feet (ac- <br />ft). <br />The first step in this analysis was to obtain a general background of the historic use of the water and the <br />irrigated lands. This was accomplished by interviews with Rosie Heaton, who farmed the land with her <br />husband from around 1950 through 1975, and with Tom Adams, whose family has farmed the property <br />from the early 1980's through about 1999. The next step was to measure the irrigated lands on aerial <br />