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

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

                                                                                    January 24, 1996

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
Attention: James Mirabal,, P. E.
P. 0. Box 13087
Austin, TX 78711-3087


Dear Mr. Mirabal:

Re: Cause No.95-63
William B. Jones v. Udo Birnbaum
(Unauthorized Channel Modifications on Steve Creek In Van Zandt County)

I represent Mr. William B. Jones relative to the above referenced cause. Mr. Jones brought your letter dated November 27, 1996 to my office for response

Your correspondence indicates that Mr. Jones has modified the channel of Steve Creek. Such is entirely untrue. Mr. Birnbaum is using your office to harass Mr. Jones because of the pending litigation which began well before your letter. I request that you immediately provide a letter to Mr. Jones closing the actions which you have initiated. In addition, I strongly urge you to view Mr. Birnbaum's property with regard to the purported channel modification charges

If you Insist on pursuing this matter, please provide a more definitive statement with respect to the alleged channel changes. If you do not respond as requested, It is my intention to add your commission to the suit as a defendant and to Contact Mr. David Cain, State Senator and Dr. Bob Glaze, State Representative for an investigation of your actions.

Sincerely,

Richard L. Ray

Mr. William B. Jones