Exhibit A. Water Quality Improvement Practices in the ADEQ Nutrioso Creek TMDL for Turbidity Report (2000). See link http://ecbarranch.com/adeq%202002/tdml.htm.

"Nutrioso Creek TMDL For Turbidity" Report dated July 2000 - Summary of recommendations.
Nutrioso Creek, above Nelson Reservoir, is a degraded perennial stream that has been negatively impacted by the construction of housing in the town of Nutrioso, an old wagon trail, historic homesteads in annual cropping, State Highway 180, livestock and elk grazing. Nutrioso Creek is important because it is one of the few perennial riparian habitats along the east side of the White Mountains at the 7500 feet elevation. Nutrioso Creek feeds Nelson Reservoir. Currently the Reservoir has water quality problems related to the low water quality in the Creek, specifically the waters are eutrophic (overloaded in nutrients) causing fish kills in winter. AZ Game & Fish Department (AGFD) has harvested aquatic weeds for many years in an attempt to clean the waters and maintain the fishery. Below Nelson Reservoir, part of Nutrioso Creek has been designated "critical habitat" for the Little Colorado (LC) spinedace (Lepidomeda vittata), listed as threatened by the U.S. Fish and Wildlife Service in 1987. The "Nutrioso Creek TMDL For Turbidity" Report was completed in July 2000. Excerpts describing the location of the turbidity problems and recommendations to address them are quoted below.

"Identification and Description of Pollutant Sources"
"In order to verify and identify a turbidity impairment on Nutrioso Creek, a watershed wide sampling effort was undertaken in November of 1999. One hundred and twelve turbidity readings were obtained at 32 sampling stations over a 3 day period using a Hach brand turbidity meter. The turbidity values for each station were averaged and then plotted over a USGS topographic map cover using ArcView Geographic Informational Systems (GIS). Other more specialized sampling efforts were conducted in January 2000 and March 2000 to further identify and describe the turbidity and its sources and values and the condition of the stream itself."

"In the 1998 303(d) list, Nutrioso Creek is listed as "impaired" by turbidity from the headwaters all the way to the confluence with Picnic Creek, and from Picnic Creek to the confluence of the Little Colorado River (a total distance of about 27 miles). The November 1999 sampling effort defined the area of observed impairment to be approximately seven stream miles long occurring from slightly below the Town of Nutrioso to Nelson Reservoir, with the primary area of exceedences occurring in the middle portion of about three miles. There are three primary landowners within this three mile portion of stream" (James Crosswhite, EC Bar Ranch, 2 miles of Creek; Terry Reidhead Ranch, 1/2 mile of Creek; *Merlyn Rogers Ranch, 1/2 mile of Creek). "No discernable point sources of turbidity were located. All of the loading is due to non-point source impacts on the area. This three mile central portion is where historic overgrazing occurred in conjunction with poor range management strategies. Grazing in the area dates back to the late 1800s."

"Portions of the Nutrioso Valley experienced heavy grazing since the late 1800s. The highest measured turbidity values occur in an area where the current landowner (James Crosswhite) has actively undertaken efforts to implement improved grazing practices. The property in question was purchased by the current landowner (James Crosswhite) in 1996 and renamed the EC Bar Ranch. He has changed Range Management practices and has been actively seeking grant monies to protect the riparian corridor, help restore the stream, and implement Best Management Practices. The Arizona Water Protection Fund (AWPF), the ADEQ, and other agencies have awarded Mr. Crosswhite grant money. He has entered into a Cooperative Stewardship Agreement with AGFD and has received matching funding through the Environmental Quality Incentive Program (EQIP) and Stewardship Incentive Program (SIP). The NRCS has developed a conservation plan and provides on-going assistance. The other two adjacent landowners (*Merlyn Rogers and Terry Reidhead), within the three mile section of particular concern, are currently seeking funding to implement BMPs and improved range management strategies on their lands". *Mr. Crosswhite purchased 84 acres from Merlyn Rogers in October 2000 for treatment by the ADEQ Grant 2-008 Phase II Project.

"There has been about a 75% reduction in cattle numbers in the Nutrioso Creek area since 1993. In addition there has also been a 45% decrease in the number of elk in the watershed from 1993 to 1998. Also the EC Bar Ranch (located within the 3 mile section of stream with higher turbidity readings) was the subject of a study by Wight Consulting to determine the Bureau of Land Management (BLM) Proper Functioning Condition (PFC) score. In 1996 it was found to be Functional-at risk with a downward trend. In 1999, after implementation of some best management practices, the same are was found to be Functional-at-risk with an upward trend."

In addition to the Identification and Description of Pollution Sources from the TMDL report, there are other sources of pollution in the Nutrioso Creek watershed as stated by Tom Subirge, Riparian Coordinator, ASNF. "The entire watershed of Nutrioso Creek is not unique from other perennial drainages in the White Mountains in that it has a mixed ownership pattern, with homesteaded private lands across the bottoms, and all available surface waters have been fully allocated, if not over allocated. The private lands are impacted with various degrees of settlement, all of which use septic systems for sewage disposal. In rare cases, the old cesspool style of disposal may even still be in use. However, ADEQ has noted that due to lack of maintenance or proper installation, septic systems and their associated leach fields quite often do not perform up to expectations. As a result, high levels of nutrients saturate soils in the vicinity leach fields, which eventually make their way into surface waters. The eutrophication of Nelson Reservoir is largely a function of excessive nitrogen and phosphorus, which originates from septic systems. This is a common problem to all perennial waters in the White Mountains, including Nutrioso Creek, and improvements to riparian vegetation within drainages can help to alleviate eutrophication by absorbing these readily available plant nutrients. If healthy riparian vegetation were growing all along Nutrioso Creek, the water quality problem in Nutrioso Creek could be solved, and cleaner water would enter Nutrioso Reservoir, benefiting the fishery."

"If large-scale impacts are considered, then healthy riparian vegetation along Nutrioso Creek would also benefit the town of Springerville downstream. Springerville gets its municipal water from wells, located near Nutrioso Creek, and at least partial recharge from Nutrioso Creek can be anticipated. Maintaining water quality of surface waters can ultimately impact water quality of well water, and avoid water treatment costs to remove various pollutants. Currently, nitrates are not problematic in Springerville's municipal water, however if trends continue to input elevated levels of nitrates into the groundwater, problems might be anticipated in the future."

The TMDL report continues: "Implementation. Best Management Practices. A variety of Best Management Practices (BMPs) can be utilized as part of the implementation strategy to help reduce sediment loading to Nutrioso Creek."

"Cattle grazing in the riparian corridor could be confined to only the dormant winter months, which will allow for the emergent plants in the spring to grow and take hold."

"Other Possible Projects" (Numbering is not part of the TMDL Report but is added for reference purposes)
(1) "The areas where historic overgrazing occurred may have the riparian corridor fenced off on private land to keep out cattle and elk during critical growing periods." Mr. Crosswhite met this recommendation by installing livestock and elk proof fencing and adopted an Integrated Livestock Management Plan for rotational grazing recommended by the Natural Resources Conservation Service (NRCS).

(2) "Stream grade stabilization structures (SGSS) can be installed to help protect the at risk banks during high critical flow events. SGSS can also be used to help dissipate stream velocities and thus dissipate stream energy and erosional forces during high flows." Mr. Crosswhite met this recommendation by installing wicker weirs that helped dissipate flows and create floodplains.

(3) "Off channel water wells and wildlife drinkers would allow for more water to remain in the stream itself and allow for the riparian corridor to be fenced off without water-gaps for wildlife and cattle to access the stream for drinking water purposes. This would allow for irrigation of the revegetation projects along the stream corridor." Mr. Crosswhite met this recommendation by installing off-channel water wells and drinkers for livestock and elk, both inside and outside riparian and elk proof fencing.

"The riparian corridor could be revegetated with (4) willow plantings and (5) grass seeds using a Critical Area Planting (CAP) method as outlined by the National Resources Conservation Service (NRCS) as a guideline. These plantings could be supplemented with sprinkler irrigated waters until they take hold on the established banks and stream course. (6) The plantings on the upland areas beyond the stream corridor would be sprinkler irrigated until the root systems are established enough to reach the moisture in the soils. These plantings will help protect the erosive soils and act to dissipate stream energy during critical flow." Mr. Crosswhite met these recommendations by planting willow poles, cottonwood trees, and seeding streambanks. He created natural conditions favorable to the growth of woody vegetation along the riparian corridor inside riparian fencing. Sprinkler irrigation was used to help establish and maintain vegetation in riparian and upland pastures.

(7) "Sprinkler irrigation systems combined with a poly pipe to line the irrigation ditch would increase irrigation efficiencies and allow for more water to stay in the stream and thus increase the stream-flow year round. Combined with other projects and aspects of implementation these tools allow for effective revegetation and removal of cattle and wildlife from the stream course for the majority of the year by creating more forage in the managed rangeland and an alternative water source created from the groundwater wells." Mr. Crosswhite met this recommendation by installing steel pipe in earth irrigation ditches, a sprinkler irrigation system, and off-channel wells for supplement surface water used for irrigation purposes.

(8) "Rabbitbrush eradication projects are currently underway on some properties (EC Bar Ranch). By removing the Rabbitbrush and replacing it with grass seeding more grass per acre is created for cattle consumption, reducing their reliance on the riparian vegetation of the stream corridor and allowing for their removal from the riparian corridor with the use of fences and range management plans. From a watershed standpoint the removal of Rabbitbrush and reintroduction of grasses improves species diversity and composition. Also, the grasses provide a more stable root mass than the Rabbitbrush -thus increasing the soil stability of the rangelands and decreasing the amount of sediment contributed from sheet flow and wind erosion over these rangelands." Mr. Crosswhite met this recommendation by Rabbitbrush and invasive noxious weed eradication and control in all pastures. Combined with seeding and sprinkler irrigation, forage production increased in many pastures from 300 lbs/acre in 1996 to 4,000 lbs/acre.

TMDL Goals. The TMDL report set a goal of implementing all water quality improvement practices within five years, e.g. by 2006, and reducing soil entering Nutrioso Creek that created turbidity by 50 tons per year over seven miles. Mr. Crosswhite met the goal to implement all practices recommended in the TMDL report within five years and has installed streambank erosion control practices resulting in soil reductions of over 200 tons per year, thus meeting the TMDL goals.