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JoEllen Turner <br />Division of Reclamation, Mining, and Safety <br />1313 Sherman Street Room 215 <br />Denver, Colorado 80203 <br />January 23,2013 <br />Dear Mr. Berry: <br />970 -864 -7682 <br />RECEIVED <br />JAN 232013 <br />Division of Reclamation, <br />Mining & Safety <br />p,1 <br />We are requesting an informal hearing regarding Phase three Bond release. Your rules and regulations <br />state that any portion of an area that has a bond release request on it can have bond release. It does <br />not have to be an entire area where the bond release is requested. Bond release can be partial or <br />entirely. information has been provided that if objections are filed on any of the area requiring Bond <br />release, that the rest of the areas will have to wait. This is not correct. All of the ranchers and farmers <br />in this area are individuals. And according to permit requirements each land owners property is to be <br />treated as "site specific". Example, if Smiths property has a problem and does not satisfy bond release <br />requirements, that does not have any bearing on Jones and peters, and pauls property. So, we are <br />requesting an informal hearing to know after 20 years why Peter can't have bond release just because <br />you don't like Pauls. <br />Also, Mr. Richards is absolutely correct. We would all like to know how the Division allowed for WFC to <br />submit a TECHNICAL revision that only allows a 10 day comment period to change the land he purchased <br />from historically irrigate and cropped to DRYLAND. Technical revision 49 was illegally submitted and <br />illegally approved. In a technical revision, no major changes can be made that affects the reclamation <br />of a persons property. WFC would like you to believe that there was no water. Richards and Richards <br />are the SECOND largest stockholders of the CCC ditch. WFC at no time asked them if they would like to <br />lease water for this property, nor was they ever informed that this property was going from irrigated to <br />DRYLAND. This made major changes to Dirks property and he was NEVER informed. <br />Also, what is the purpose of augmentation plans or WFC having their water? The rules state that <br />historically irrigated and cropped means any 5 out of a ten year period. This property had been <br />historically irrigated and cropped all of it's life. Also this property was cropped for TWO years after I <br />reclaimed it producing tons s and tons of hay. WFC had the capability of keeping this property irrigated as <br />it had always been. WFC also came to us and told us to shut the water off and move the sideroll <br />because THE STATE ORDERED THEM TO DO SO. <br />Dirks property should have also been up for bond release and as you have it set up now, bond release <br />will never be successful on this property because it must match the reference area of the airport and <br />this will never happen and this man will never get his property back. And while he is waiting for bond <br />release, he will never get any production from this property tike he witnessed when l was cutting, baling, <br />and stacking the hay. BECAUSE you allowed it to be classified as DRYLAND which should have never <br />happened. <br />f , ! <br />