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'~ Mr. Richard T. Raines December 2, 2004 Page 3 2. tf fhis plan will not be made absolute by a wafer court action by the plan's- expiration date, a renewal request must be submitted to this office with the statutory fee (currently $217) no later than September 15, 2005 or September 15, 2006 subject to the requirement of condition 1. 3. A well permit was obtained for the current use and exposed pond surface area for the Home Office Pit and the Overland Ponds Site. A new well permit must be obtained for the current use and exposed pond surface area for the North Taft Hill Expansion Site since the exposed pond surface area exceeds the amount currently permitted. The provisions of Colorado Revised Statute 37-90-137(2) prohibits the issuance of a permit for a well to be located within 600 feet of any existing well, unless the State Engineer finds that circumstances so warrant after a hearing held in accordance with the procedural rules in 2CCR402-5. This hearing may be waived if you are able to obtain statements from the owners of all wells within 600 feet, verifying that they have no objection to your use of the proposed well. Should a new well permit be denied for reasons of 600 foot spacing, or any other legitimate reason, approval of this substitute supply plan will be canceled. 4. The total area of pond surface exposed after December 31, 1980 for each of the pits shall not exceed those values listed in Table A of this approval. Should the total surface area exposed exceed those amounts, an amendment will need to be filed with this office. 5. The total amount of ground water to be appropriated from each of the pits shall not exceed the values listed in Table B of this approval. 6. Approval of this plan is for the purposes as slated herein. Any additional uses of this water must first be approved by this office. Any future additional historic consumptive use credit given (e.g., agricultural water transfer) for this site must consider all previous credits given. All pumping for dust control shall be measured in a manner acceptable to the division engineer. 8. All releases of replacement water must be sufficient to cover all out of priority depletions and be made under the direction and/or approval of the water commissioner. The replacement may be aggregated to maximize beneficial use. The watercommissioner and/or division engineer shall determine the rate and timing of an aggregated release. 9. The replacement water, which is the subject of this plan cannot be sold or leased to any other entity. As a condition of subsequent renewals of this substitute water supply plan, the replacement water must be appurtenant to this site until a plan for augmentation is obtained. A copy of this approval letter should be recorded with the county clerk and recorder. All replacement water must be concurrent with depletions in quantity, timing, and locations. 10. The name, address, and phone number of a contact person who wilt be responsible for the operation and accounting of this plan must be provided on the accounting forms submitted to the division engineer and the water commissioner.