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Frank C. Healy September 19, Page 2 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. In accordance with Section 25-8-202(7), C.R.S. and Senate Bill 89-181 Rules and Regulations adopted on February 4, 1992, the state engineer has determined that subject to the terms and conditions below, the replacement supply is of a quality to meet the requirements ofluse to senior appropriators. This substitute water supply plan is hereby approved pursuant to Section 37-90-137(11), C.R.S., subject {o the following conditions: 1. Total surface area of exposed ground water in the pit may not exceed 4.6 acres with evaporative loss not to exceed 18.73 acre-feet and evaporative loss from 2 small concrete lined ponds not to exceed 0.08 acre-foot. Before initiating any mining or ground water pumping prior notice must be submitted to this office, the division engineer, and water commissioner. Such notice must include monthly and annual estimates of the amounts of product that will be produced and water consumed. 2. Total water consumption at the pit may not exceed 34.4 acre-feet annually. 3. Fort Bent Canal water attributable to the 50 shares associated with this plan must be released to the Arkansas River through the Clay Creek turnout structure. 4. Monthly accounting of water in this plan must be provided to the water commissioner and division engineer on forms and at times acceptable to them. 5. Operation of this plan from April 1, 2002 through June 30, 2003 is approved as part of this renewal and amendment approval. 6. All Rite has provided a copy of its agreement with LAW MA dated February 25, 2002 for operations through March 31, 2003. A copy of the current agreement with LAWMA should be provided by October 15, 2003 to cover operations through March 31, 2004. Prior to the expiration or that agreement, a copy of a lease agreement must be submitted to cover next year's depletions. 7. The approval of this substitute water supply plan does not relieve All Rite 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. 8. 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 $217, at least 45 days prior to the expiration date of this plan (June 16, 2004). 9. This plan shall be valid through July 31, 2004, unless otherwise revoked or modified.