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STATE OF COLORADO <br />COUNTY OF MESA <br />) <br />) ss <br />) <br />AFFIDAVIT <br />1. Being first duly sworn, we, Thomas F. Latham and Ginger L. Latham, state that we <br />reside at 1915 U.S. Highway 6, DeBeque, CO 81650, are over eighteen years of age <br />and have personal knowledge of the facts stated herein. <br />2. We own the DeBeque Gravel Pit ( "Pit "), DRMS Permit No. M -81 -058. <br />3. We own 20.5 shares of the capital stock of the Larkin Irrigation Company ( "Larkin <br />Ditch Shares "). In District Court, Water Division No. 5, Case No. 05CW076, 2.0 of <br />our Larkin Ditch Shares were changed to allow the additional use of evaporation from <br />the Pit by augmentation and replacement and the 2.0 Larkin Ditch Shares were <br />dedicated to the augmentation plan approved therein. <br />4. We have dedicated the historical consumptive use credits from an additional 4.1 <br />Larkin Ditch Shares as replacement water solely for the Pit for as long as there are <br />depletions at the Pit above those accounted for in Case No. 05CW076, or until such <br />time as another approved replacement source is obtained. <br />5. The land identified as Dry-Up Area on Exhibit 1 attached hereto was not irrigated <br />during the 2011 irrigation season (April through October) by the Larkin Ditch Shares. <br />6. The land identified as Dry -Up Area on Exhibit 1 attached hereto will not be irrigated <br />during the 2012 irrigation season (April through October) by the Larkin Ditch Shares. <br />c,-1-0-7x.r..- ..-: t <br />Subscribed and sworn to before me this 1 day of December, 2011, by Thomas F. Latham <br />and Ginger L. Latham. <br />Witness my hand and official seal. <br />My commission expires: - -\ - "-. O t -). <br />Thomas F. Latham <br />E ._-0.„__ r- Q61-wk-Ncz,w <br />Notary Public <br />