January 13, 2014 Ms.

Susan Alden Public Records Officer City of Flagstaff

RE: Arizona Public Records Law request The Center for Biological Diversity (Center) is a non-profit, public interest, conservation organization with more than 625,000 members and online activists dedicated to the protection of endangered species and wild places. We have received information from multiple sources independently (1) witnessing the fact that residue from the City of Flagstaffs reclaimed effluentderived artificial snow at the Snowbowl is accumulating on cars parked overnight at the Snowbowl and is causing corrosion of the vehicles; and (2) observing that Snowbowl snow-tending equipment exposed to the artificial snow is experiencing significant and costly corrosion damage. Consistent with our mission, and consistent with A.R.S. Title 39-121, the Arizona Public Records Law, we respectfully request the following information: 1. Each and every document in the City of Flagstaffs possession, from December 21, 2012 to date, January 13, 2014, regarding corrosive damage to equipment exposed to reclaimed effluent-derived artificial snow delivered to the Snowbowl from the City of Flagstaff, and/or the composition of the water and/or chemicals found in the water, and/or chemicals added to the water being delivered to the Snowbowl. These documents should include all studies, all written correspondence, all email correspondence, all notes of telephone communications, all meeting notes, and any other forms of documentation regarding corrosive damage to equipment exposed to reclaimed effluentderived artificial snow delivered to the Snowbowl from the City of Flagstaff, and/or the composition of the water, and/or chemicals found in the water, and/or chemicals added to the water being delivered to the Snowbowl.

"Each and every document includes but is not limited to all forms of written or recorded matter, correspondence, minutes, memoranda, meeting notes, maps, drawings, emails, reports, databases, notes of phone calls, records of agency cell phone usage, data sheets, tabulations, reports, evaluations, summaries, opinions, journals, calendars, statistical records, notes, transcriptions, telegrams, teletypes, telex messages, telefaxes, recordings of telephone calls, and other communications, including but not limited to notes, notations, memoranda and other writings of or relating to telephone conversations and conferences, minutes and notes of transcription of all meetings and other communications of any type, microfiche, microfilms, dictobelts, tapes or other records, logs and any other information that is stored or carried electronically, by means of electronic equipment or otherwise, and that can be retrieved in printed, graphic or audio form, including but not limited to information stored in the memory of a computer device, data stored on removable magnetic or optical media, e-mail, data used for electronic interchange, audit trails, digitized pictures and audio (for example, data stored in MPEG, JPEG, and GIF), digitized audio and voice mail. Additionally, the term communication also refers to the exchange of text messages, electronic mails and computer files over a communication network, such as a local area network, intranet, extranet or public network like the Internet or an online service provider. By "complete" we mean that there should be no redactions and that all attachments should be included. Our ability to secure and protect sensitive data regarding endangered species has been secured by extensive litigation and has been established in practice. The litigation orders for the applicable controlling legal authorities are cited for your convenience. These include: (1) Maricopa Audubon Society and Dr. Robin Silver, Plaintiffs-Appellants, v. US Forest Service and Jack Ward Thomas, Chief, US Forest Service; No. 95-16919; United States Court of Appeals, Ninth Circuit, 108 F.3d 1082; March 7, 1997; and (2) The AUDUBON SOCIETY, a non-profit Arizona corporation (Maricopa County); Robin Silver, an individual, PlaintiffsAppellees, v. UNITED STATES FOREST SERVICE, Defendant-Appellant. No. 95-2210; United States Court of Appeals, Tenth Circuit; 104 F.3d 1201; March 10, 1997. The Center requests delivery of responsive information in SEARCHABLE ELECTRONIC FORMATS AND MEDIA, such as in the form of PDF documents on compact disc, whenever possible, to conserve paper and minimize shipping costs to the government. If delivery of electronic formats and media presents a hardship to the government, then hard copy paper duplicates are acceptable. This requested information will primarily benefit the general public. We intend to disseminate this requested information widely, except for the specific locations of endangered species, which will not be released. CBD does not intend to use this requested information in generating income. The requested information will be accessible to the general public, except for the specific locations of endangered species, which will not be released. The requested information is not requested for profit. It is not sought for and will not be used for commercial purposes. This information is sought for research and educational purposes. In addition, pursuant to A.R.S. Title 39-122, please waive all fees since this information will be used in connection with a claim to be presented to the United States for the benefit of protecting the endangered species found in the vicinity of the Snowbowl and for the benefit of the publics understanding and monitoring of applicable State and Federal law. Since we have already received some information independently, if information from City of Flagstaff employees is not forthcoming (especially given the problems we have had with

the City of Flagstaff Public Works Department in the past), please remind the employee(s) that ARS 39-101(C) states, [a] public officer charged with transcribing or keeping such public records who violates this section is guilty of a class 2 misdemeanor. In Arizona a Class 2 misdemeanor carries penalties of up to $750.00 fine and four months in jail. If there is a delay (ten working days is the customary A.R.S. Title 39-121 response time), please notify us immediately. Thank you in advance for your prompt reply. Please send all materials to Dr. Robin Silver, Center for Biological Diversity, PO Box 1178, Flagstaff, AZ 86002. Please contact me by phone at (602) 799-3275, or by email at rsilver@biologicaldiversity.org if you have any further questions about this request. Again, we prefer to receive the requested document(s) in searchable electronic form.

Sincerely,

Robin Silver, M.D. Co-Founder and Board Member