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Frank C. Healy Page August 7, 2006 The State and Division Engineers have reviewed the plan and the adequacy of each source of water provided for use as augmentation water, including, where necessary, the historical consumptive use of each water right, and return flows from diversion of waters imported into the Arkansas River Basin or other fully consumable waters proposed for use as augmentation water. This approval acknowledges the operation of Midwestern Farms Resources Gravel Pit (M-93-59) since the,date of the last approval by this office. This substitute water supply plan is hereby approved pursuant to Section 37-90-137(11), C.R.S., subject to the following conditions: 1. Consumption at the pit may not exceed 317.81 acre-feet during the life of this plan. Total surface area of exposed ground water in the pit may not exceed 66.5 acres unless a plan amendment has been approved. 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. 2. Any pumping out of the pit under this plan is limited to dust suppression, unless otherwise permitted. A metering method in compliance with the "Amendments to Rules Governing the Measurement of Tributary Ground Water Diversions Located in the Arkansas River Basin" must be in place prior to any pumping for dust suppression. Under a separately approved plan entitled "Midwestern Farms Wells", the pit is approved as an alternate point of diversion for well numbers 6705785 and 6705786 for irrigation with all depletions covered under the IAWMA Pre-1986 Rule 14 Plan. 3. Any request for amendment must include identification of the subject well (pit), an estimate of the amount of water that will be lost, an update of the total stream depletions by reach and month including post-plan depletions, and identification of the source of additional replacement water. Approval of an amendment will be contingent upon demonstrating it has sufficient replacement water to cover the additional well depletions. 4. Monthly accounting of water in this plan, including evaporation, pumping to dust suppression, amounts of water removed via product, stream depletions, and replacement water deliveries must be provided to the Water Commissioner and Division Engineer by the 10"' of the following month on forms and at times acceptable to them. The name, phone number, and mailing address of the contact person who is responsible for operation of this plan must be provided on the accounting forms. 5. The approval of this substitute water supply plan does not relieve Midwestern of the requirement to obtain a water court approved permanent plan for augmentation to ensure the permanent replacement of all depletions, including long-term evaporation losses after the gravel mining operations have ceased. Application for an augmentation plan should be made three years prior to the completion of mining with the intent of obtaining a decreed plan by the completion of mining. Approval of this substitute supply plan does not imply a position by this office on any related litigation. ~ 1, 6. Should a request for renewal of this plan be needed, such renewal request must be submitted to this office, along with the required statutory fee of $257, at least 45 days prior to the expiration date of this plan (March 16, 2007).