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Mark A. Hermundstad July 12, 2005 Page 2 59594-F was issued by this office on May 16, 2003. The well permit file was completed by the submission of a Statement of Beneficial Use on February 26, 2004. SWSP Conditions of Approval This substitute water supply plan is hereby approved pursuant to CRS 37-90-137(11), subject to the following conditions: 1. If written objections to the following conditions are not received by this office and the Division Engineer within two weeks of this approval, it will be assumed that the Applic~3nt has accepted, and will operate this plan in accordance with, the following conditions. Unless otherwise revoked, modified or superceded by decree, this plan shall then be valid through May 16, 2006. Any renewal requests must be submitted to this office with the statutory fee (c;urrently $217) by April 1, 2006. 2. The total surface area of the groundwater exposed after December 31, 1980 must not exceed 6.0 acres, the annual water used for dust control shall not exceed 2.5 acre-feet, and the total product mined shall not exceed a total of 150,000 tons per year, which result:> in 4.4 acre-feet of water lost with product. Total consumption at the pit must not exceed these amounts unless an amendment is made to this plan. Additionally, monthly net water consumption and monthly effective stream depletion must not exceed the amounts specked in Table 9 (attached). 3. The amount and location of the dry-up of the irrigated acreage associated wi1:h the uses of the Larkin Ditch water must be documented and approved by the Division Engineer and Water Commissioner. 4. Approval of this plan is for the purposes as stated herein. This office must first approve any additional uses for which the water may be used. Anyfuture additional historic consumptive use credit given (e.g., agricultural water transfer) for this site must consider all previous credits given. 5. All pumping for dust control shall be measured in a manner acceptable to the: Division Engineer. 6. Replacement water shalt be made available to cover all out-of-priority depletions in time, place and amount and shall be made available under the direction and/or approval of the water commissioner. The replacement water that 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. This SWSP does not allow for offsite water deliveries. A copy of this approval letter should be recorded with the County Clerk and Recorder. All replacement water must be concurrent with ~epletioas-in-goantity,-timing; and-tecations-- ----- -- --------- 7. Adequate accounting of depletions and replacement must be provided to the Division Engineer in Glenwood Springs (Alan Martellaro, 50633 US Hwy 6 & 24, P.O. Box 396, Glenwood Springs, Colorado 81601) and the Water Commissioner (Don Mackey, P.O. Box 163, Debeque, CO 81630, 970-283-5338) 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. 8. The name, address, and phone number of a contact person who will be responsible for the operation and accounting of this plan must be provided on the accounting forms to the Division Engineer and Water Commissioner. 9. It is anticipated that a permanent 6-acre water surface, created by exposing ground water, will remain after cessation of mining. As such, the Applicant filed an application for a plan for augmentation with the Division 5 Water Court on May 12, 2005, to assure that out-of-priority depletions resulting from the ground water exposure will be replaced to the ;etream system. Additionally, in the event that mining ceases prior to such water court approval, the Applicant