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Mr. Paul Bruss, E.I. Page 3 <br />February 11, 2014 <br />The excess credits from the Hamp -Bell Ditch water rights were changed in Case No. <br />03CW8 to commercial and augmentation uses. Depletions at the site that cannot be covered <br />by ditch credits, and depletions caused by elimination of return flows due to dry -up under the <br />ditch, will be replaced using releases of the Pueblo water (from Pueblo reservoir or other <br />equivalent source such as Clear Creek reservoir). Two replacement scenarios may be <br />implemented over the course of this plan period. Scenario A represents the current operations <br />where PBWW cannot store Hamp -Bell Ditch credits Scenario B represents possible future <br />operations that will take effect once PBWW has the right to store Hamp -Bell Ditch credits. The <br />operational scenario giving monthly depletions and replacements is detailed on your Tables 5A <br />& 5B, which are attached. <br />The State and Division Engineers have reviewed the plan and the adequacy of each <br />source of water provided for use as augmentation water, including, where necessary, the <br />historical consumptive use of each water right, and return flows from diversion of waters imported <br />into the Arkansas River Basin or other fully consumable waters proposed for use as augmentation <br />water In accordance with Section 25 -8- 202(7), C.R.S. and Senate Bill 89 -181 Rules and <br />Regulations adopted on February 4, 1992, the State Engineer has determined that subject to the <br />terms and conditions below, the replacement supply is of a quality to meet the requirements of <br />use to senior appropriators. <br />CONDITIONS OF APPROVAL <br />I hereby approve the proposed substitute water supply plan in accordance with Section <br />37 -90- 137(11), C.R.S., subject to the following conditions: <br />1. This plan shall be valid through January 31, 2016, unless otherwise revoked or modified. <br />2. The total surface area of exposed ground water and total consumption at the pit may not <br />exceed the amounts given in the attached tables. <br />3. The total combined amount of exposed ground water and dewatered area at the Pueblo <br />East pit may not exceed 21.7 acres. Documentation of pond size may be required by the <br />Division Engineer in the form of an aerial photo evaluation or survey by a Professional Land <br />Surveyor during the plan year or in years covered by subsequent renewals of this plan. <br />4. According to the submittal, the combined exposed surface area of ground water <br />associated with Phases 1 and 2 is 16.7 acres; however, Well Permit No. 61509 -F only <br />allows for exposure of up to 12 acres. Should the operator be incapable of reducing <br />the exposed surface area of Phases 1 and 2 to 12 acres within 60 days of this approval, <br />they shall apply for a new well permit for the increased exposed surface area. <br />5. Release of the Pueblo waters must be under the Division Engineer's direction and approval. <br />6. All diversions for dust suppression must be metered in compliance with the "Amended Rules <br />Governing the Measurement of Tributary Ground Water Diversions Located in the Arkansas <br />River Basin." <br />7. Dewatering at this site will produce delayed depletions to the stream system. As long as the <br />pit is continuously dewatered, the water returned to the stream system should be adequate <br />to offset the depletions attributable to the dewatering operation. Once dewatering at the site <br />