Free Declaration - District Court of Federal Claims - federal

Case 1:04-cv-00786-SGB

Document 42-20

Filed 08/15/2008

Page 1 of 2

EXHIBIT 19

Case 1:04-cv-00786-SGB

Document 42-20

Filed 08/15/2008

Page 2 of 2

Septemer 20., ll6 I

Mr. Fran Maez
Sacraen Rager

P.O. &x288
Cloudcroft N.M.

Dea Mr. Ma
We received your leter of Septembe 18,2001, and wanted to mae clea a:d concise

to keep the record strght. .

some points made in your leter. This letter is not only to tell you we ar complyi but
Sppce and Inns Lews, went along as the. Forest Serce monitored in the Noith pasreS

. before eatte wee moved in the pastures. There ha been no cattle gr in these

pastues for a yea. The el ha grazed them heaviy. Even thoug the Forest Serce had

previously told us we could graz 20% of our forage, now we are havi to move catte
before we gr our 20%.aitowed us by you. As the Forest Serce nioniored, Spike

agai. told them he did not feel their key sites were a fa showing of the condition of our
forage as a whole. When he asked th.Forest Serce to ine one.

area not more th

300 yards from the key site, the lealengt changed draticay. The points have bee
made verbaly but we are documenti them now. Also thoUgh we did ask theRlTF to
monitor for us, we asked them not to chose an altertive for us. When we

got thr

cal the only alterative we could even begi to coIily with was the one he reyed to us. so in essence we reay had no choice. "A considerng tle onl option th might work
for us, we asked to pipe water at our own exense from our own waer right, acss our

alotment omy 400 ret though a cuver benea the rOO tb would keep us frm havi
. to haul waer to the catte:, Even. though you told us you did, not ha a problem with t:
someone in the Fòrest Servce did and we were refuse ths request. We went to the State
W mer Engieer to ask some questions abóut our right and he did not see. th there wa
ary problem with the request. as we do indeed have the right of

benecial use for

liestock water from ths spnng. Afr your refsa we leased pase on Femûmore
Caon and .Karr Canyon adjoinig our Atkison pases and Sawmll Cayon and
purchased water to water oÙl cattle. We have move the cattle there; except for a few
stragglers. We have bee workig on a daily basis to keep eattle off

key sit and have

hied ext help to do ths. We ar complYig with 'your option to the be of our abilty
and as we always have are trg towork with you Gn our alotment. I thnk it is fu to

tell you th al these exta catei:óves and decisions tht ar .beig mae for us are at a
great monet expse to us as well as ver much added tnåI power to keep our catt opertion a float.

~~J: C~
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. PL 3589

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