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I I' I I I I I I I I I I I I I I I I I C1 C:' ~ N a> en P-" Frank C. Healy December 30, 1998 Page 2 subject 17 acre-feet. The water is to be put into the Offset Account in John Martin Reservoir and then regulated on behalf of this plan. Taek Hui Jensen and Andy Jensen, owners of the pit site, have dedicated 50 shares from the Hyde Ditch as an additional source of long term renewable supply of replacement water. You estimate the yield of these shares to average about 35 acre-feet of consumption annually. This substitute water supply plan is hereby approved pursuant to Section 37-80-120, CR.S., subject to the following conditions: 1. The pit's well permit, no. 49444-F, is due to expire on January 30, 1999. Either a statement of beneficial use, a request for extension, or an application for a new permit must be submitted by that date. 2. The total surface area of the groundwater exposed must not exceed 3.0 acres. The combined consumption due to evaporation, pumping for dust suppression, and water lost in product may not exceed 13.6 acre-foot annually. 3. LAWMA shall cause water to be delivered and credited to the Offset Account in John Martin Reservoir (or make releases from its Article II Storage Account in John Martin Reservoir) to replace the gravel pit's current depletions. Releases or deliveries of all water shall be coordinated with and under the direction of the Division Engineer and the Augmentation Coordinator. 4. Adequate accounting of depletions and replacements must be provided to the Water Commissioner and/or Division Engineer on a monthly basis or other interval acceptable to both of them, on forms acceptable to them. The accounting form must show, at a minimum: . The three categories of consumption . Total actual monthly lagged deplelions to be replaced (monthly and cumulative year-to- date), . The amounts of replacement water released to the Arkansas River or credited to the Offset Account in John Martin Reservoir, respectively, to replace the depletions due to the Prowers County Gravel Pit (monthly and cumulative year-to-date). 5. The accounting form shall be sufficient to demonstrate that the net effective replacement equaled or exceeded the total depletion on a monthly basis. All replacement water must be concurrent with depletions in quantity, timing and location, except that credits to the Offset Account may precede the depletions. 6. In accordance with amendments to Section 25-8-202-(7), C.R.S. and "Senate Bill 89-181 Rules and Regulations" adopted on February 4,1992, the State Engineer shall determine whether or not the substitute supply is of a quality to meet requirements of use to senior appropriators. As such, water quality data or analysis may be requested at any time to determine if the water quality is appropriate for downstream water users. 7. Prowers County must make application to the Water Court for a permanent plan for augmentation within three years before completion of mining, to ensure the permanent replacement of all depletions, including long-term evaporation losses after the gravel mining operations have ceased.