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With respect to the December 31, 1980 date associated with SB 120, this is photo is closest in time of any photo that I have been able to find. An estimate can be made concerning the configuration and size of the MMM lake on December 31, 1980. Using the May 3, 1980 aerial photograph as a starting point, we can either use the photograph as it is or make modifications to adjust the surface area of this lake for the gravel that would have been excavated during the 1980 construction season. An aerial photograph of the pit, was taken by United Companies at the end of 2001, as part of our inventory control procedure. By adjusting the scales of the aerial photographs with a photocopier the estimated size and shape of the December 31, 19801ake's surface can be compazed to the lake as it existed at the end of 2001. By doing this exercise we can see that the lake surface has increased and that the configuration has changed since 1980. An estimate of the change in the lake's surface area is probably the best that we can do at this point. In the Amendment Application for this permit, filed by Custom Crushing, Inc. in 1998 water rights including Chambers Ponds No. 2, 3 and 4 were included. Also included in Exhibit G -Water Information for this Amendment Application was the Decree granted in the matter of Application W-2253 on August 22, 1974. The effects of these water rights on a water augmentation plan has not been evaluated at this time. B. Water Court Application No. 87CW279 The Referee's Decision that was issued for this Water Court Application was made final and became a decree of the Court on May 18, 1988. The date of initial appropriation for the Chambers Ponds 1, 2, 3 and 4 that are the subject of this was 1975. This decision and decree recognize the ponds and state in item 6 that "pond evaporation losses will be replaced by releases from Green Mountain Reservoir pursuant to Senate Document 80." United Companies has been under the impression that this document recognizes 2 of the ponds that exist at the MMM/ Chambers permit area and provides for compensating senior water rights located downstream. The attached map shows the location of Chambers Ponds 1, 2, 3 and 4. D. Active Mining_Areas A water augmentation plan has been devised for the active mining areas of this permit (Phase II and Phase III). This water augmentation plan (Application No. OOCW244) is in the Court's hands at the present time and United Companies is waiting for a decision in the matter. This water augmentation plan has been prepared by RHN Water Consultants of Montrose, CO and was submitted in the year 2000. A decision by the Court is expected in the near future. Conclusion United Companies recognizes our need to comply with the requirements of SB 120. We believe that we have been in compliance with those requirements in much of the permit area. Application No. 87CW279 resulted in a water rights decree that we have understood 2