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Mr. Richard T. Raines December 2, 2004 Page 4 11. Adequate accounting of depletions and replacement must be provided to the division engineer in Greeley and the water commissioner on a monthly basis or other interval acceptable to both of them. The accounting form provided with your application is subject to modification and approval by the division engineer. All amounts shall be in acre-feet. 12. The amount and location of the dry-up of the irrigated acreage associated with the applicant's 5.75 shares of the Taylor and Gill Ditch was documented and approved by the division engineer and water commissioner. A map and legal description of the dry-up was submitted to the water commissioner, division engineer and the state engineer in a report dated July 13, 1990 as part of the documentation process. 13. This substitute water supply plan may be revoked or modified at any time should it be determined that injury to other vested water rights has or will occur as a result of this plan. 14. If reclamation of the mine site produces a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court at least three years prior to the completion of mining to include, but not be limited to, long-term evaporation losses. If a lined pond results after reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow. Lafarge West, Inc. has obtained a decreed storage right for the Home Office Pit and North Taft Hill Expansion Site in case no. 92CW157. An application for storage water right at the Overland Ponds Site was also filed, in case no. 2001CW251. Granting of this plan does not imply approval by this office of any such court application(s). 15. North Taft Hill Expansion Site and Overland Ponds Site Pit will be continuously dewatered. Also the Home Office Pit has been continuously dewatered. Dewatering at these sites will produce delayed depletions to the stream system. As long as the pits are continuously dewatered, the water returned to the stream system should be adequate to offset the depletions. However, once dewatering at the sites ceases the delayed depletions must be addressed. According to the information provided, the North Taft Hill Expansion site will stop dewatering at the end of January 2005. A plan that specifies how the post pumping dewatering depletions will be replaced, in time, place and amount along with the evaporation from groundwater exposed at the site after the dewatering stops was presented in the renewal request. At least three years prior to completion of dewatering at the Overland Ponds Site and Home Office Pit, a plan must be submitted that specifies how the post pumping dewatering depletions will be replaced, in time, place and amount. 16. If the dewatering of these sites is discontinued, the pits would fill creating additional depletions to the stream system due to increased evaporation. To assure that additional depletions to the river does not occur, a bond for $470,124 for North Taft Hill Expansion Site, $1,984,000 for the Overland Ponds Site and $117,600 for the Home Office Pit through DMG for lining or backfilling of the lakes has been obtained. Therefore, if the dewatering is discontinued these bonds can finance the completion of the lining of these pits or the backfilling, thus preventing depletions to the stream system.