RICHARD L. RAY, P.C.
A Professional Corporation
Attorney at Law

300 S. Trade Days Blvd.
(300 S. HWY 19)
CANTON, TEXAS 75103

                                                                                    December 7, 1994

Mr. Udo Birnbaum
Route 1
Eustace, TX 75124

                                        Re: Trespass by Water Invasion

Dear Mr. Birnbaum:

I have been retained to represent Mr. William B. Jones relative to water problems which you are allowing to be created on your land.  Apparently beavers have dammed up a stream flowing onto- your property. The trapped water now floods as much as 10-12 acres of Mr. Jones' property.

It is my further understanding that Mr. Jones has discussed the problem with you and you have refused to remedy the situation or allow him to do so.

Your nonfeasance in allowing the water build-up to invade Mr. Jones' property constitutes an indirect trespass. Mr. Jones prefers to avoid litigation to resolve this matter. However, he will have no choice unless you remove the beaver dam or allow someone else to remove it.

If damage is not removed within thirty (30) days or if an appropriate response is not received, Mr. Jones intends to proceed with suit seeking his damages as well as injunctive relief. If Mr. Jones is forced to pursue litigation, he will seek and be entitled to his attorney's fees.

Sincerely,

Richard L. Ray