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Ms. Michelle Johnson February 16, 2007 Page 2 This current plan anticipates dry mining of the St. Barbara Sand and Gravel Pit by dewatering. The operator proposes to continuously dewater and dry mine the site. Should the dewatering cease, the maximum exposed groundwater surface area will be no greater than approximately 10 acres. The applicant has obtained a bond (#M-204-013) to reclaim the site should dewatering cease. The proposed source of replacement for this pit is from a 5-year lease with the Pueblo Board of Water Works on an annually increasing delivery scale. The lease agreement specifies 51 acre-feet from April 1, 2007 to March 31, 2008, 66 acre-feet from April 1, 2008 to March 31, 2009, of reusable return flows from transmountain water rights or other fully consumable water. This amount is more than adequate to offset the 37.98 acre-feet of lagged depletions to the Arkansas River during 2007 and 37.27 acre-feet of lagged depletions in 2008. The monthly depletions and replacement requirements for this operation can be found on the attached tables 1 through 4. 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. Unless otherwise revoked or modified, this plan shall be valid through December 31, 2008. 2. 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 (currently $257) no later than November 15, 2008. 3. The maximum amount of ground water exposed shall not exceed 9.76 acres, in accordance with Permit No. 62251-F. Documentation of pond size may be required by the Division Engineer in the form of an aerial photo evaluation or survey by a Professional Land Surveyor during the plan year or in years covered by subsequent renewals of this plan. 4. The maximum annual evaporative loss shall not exceed 25.37 acre-feet, and the estimates are presented in the attached Tables 1 and 2 for years 2007 and 2008. 5. The annual total product mined at the St. Barbara Sand and Gravel Pit shall not exceed 352,000 tons per year resulting in 10.4 acre-feet of water lost with the mined aggregate and an additional 2.21 acre-feet of water lost due to dust suppression. 6. Total consumption at the St. Barbara Sand and Gravel Pit must not exceed these aforementioned amounts unless an amendment is made to this plan. 7. Approval of this plan is for the purposes as stated herein. Any additional uses of this water must first be approved by this office. Any future historic consumptive use credits sought for this site (e.g., agricultural water transfer) must consider all previous credits applied.