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Heit Pit Substitute Water Supply Plan Page 3 of 5 April 25, 2024 period. These transit loss amounts are subject to review and modification by the Division Engineer or Water Commissioner. If a different transit loss is determined by the Division Engineer or Water Commissioner the Applicant must modify their accounting and replacements, as necessary, to be consistent with the determined transit loss. The monthly depletions and replacement deliveries are found on the attached Table 4. Conditions of Approval I hereby approve the proposed substitute water supply plan in accordance with section 37-90-137(11), C.R.S., subject to the following conditions: 1. This plan shall be valid for the period of April 3, 2024 through March 31, 2025, unless otherwise revoked or superseded by a decree. If this plan will not be made absolute by a water court action by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee of $257 no later than January 1, 2025. If a renewal request is received after the expiration date of this plan, it may be considered a request for a new SWSP and the $1,593 filing fee will apply. 2. Approval of this SWSP is for the purposes stated herein. Additional uses for the water that is the subject of this SWSP will be allowed only if a new SWSP is approved for those additional uses. 3. The total surface area of the groundwater exposed must not exceed 5.95 acres, which results in a maximum evaporative annual loss at the Heit Sand and Gravel Mine of 16.3 acre-feet. The annual amounts of water used at the Heit Sand and Gravel Mine shall not exceed 3.0 acre-feet for dust control. Total consumption at the Heit Sand and Gravel Mine must not exceed the aforementioned amounts unless an amendment is made to this plan. 4. All diversions must be measured in a manner acceptable to the Division Engineer. The Applicant must install and maintain measuring devices as required by the Division Engineer for operation of this SWSP. A Totalizing Flow Meter (TFM) is required for each of the subject well. 5. Conveyance loss for delivery of replacement water is subject to assessment and modification as determined by the Division Engineer. Currently 0.5% per mile conveyance loss is being assessed, subject to change depending upon current conditions. 6. All releases of replacement water must be sufficient to cover all out-of-priority depletions in time, place, and amount and must be made under the direction and/or the approval of the Water Commissioner. The release of replacement water may be aggregated to maximize beneficial use. The Water Commissioner and/or the Division Engineer shall determine the rate and timing of any aggregated release. 7. The Applicant must replace all out-of-priority depletions resulting from operation under this SWSP. including those return flows that are owed to the stream after the expiration date of this SWSP. Such return flows must be included in the Applicant's accounting and projection. The Applicant must maintain a valid SWSP approved under section 37-90-137(111), C.R.S. until all lagged return flow obligations resulting from the change of water rights approved by this SWSP have been fully replaced in time, location, and amount. 8. The replacement water that is the subject of this plan cannot be sold or leased to any other entity. 9. The Applicant shall replace the net evaporation depletions from the exposed groundwater surface area that may occur during the assumed ice-covered period (the months of January and December)