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Donald E. Frick November 15, 2004 Page Z The water discharged from the pit during dewatering will be returned either directly to the South Platte River or will be returned to the South Platte River through the Huett Ditch. The lupton Bottoms Ditch intercepts water from Dry Creek at a point approximately 1,9 miles downstream of the location where the Huett Ditch discharges into Dry Creek. In the event that water is discharged into the Huett Ditch, the water will be bypassed at the headgate of the Lupton Bottoms Ditch and will return to the South Platte river via Dry Creek. According to the plan, there are no water rights located between the site and the confluence of Dry Creek and the South Platte River. In order to account for transit losses, credit at the river will be taken for 85 percent of the measured discharge. I approve the proposed substitute water supply plan in accordance with Section 37-90- 137(11), C.R.S., subject to the following conditions: 1. This plan is approved with an effective date of January 1, 2005, the expiration date of the current plan, and shall be valid until December 31, 2005. If this plan will not be made absolute by a water court action by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee (currenfly $217} by November 15, 2005. 2. The losses associated with this mining operation must not exceed a total of 22.45 acre- feet for the duration of this permit approval. These losses include 2.93 acre-feet of evaporation from the proposed exposure of 1 acre of groundwater, 1.65 acre-feet of water used for dust suppression, and 18.2 acre-feet of water lost in 618,368 tons of mined aggregate. Should the losses associated with the mining operation exceed 22.45 acre-feet or the lagged annual depletions to the South Platte River exceed 16.44 acre- feet, prior to the expiration date of this plan, an amendment will need to be filed with this office. 3. According to the plan, water discharged from the pit during dewatering operations may be released to the South Platte River via the Huett Ditch. If the Huett Ditch is used, said use must be coordinated with the water commissioner. 4. According to the plan, water discharged from the pit during dewatering operations may be discharged into existing wetlands. The applicant cannot claim replacement credit for any water discharged into the wetlands. All water discharged from the pit and utilized to offset depletions caused by the pit operation cannot be banked or credited to offset lagged depletions in subsequent years. All discharges will be available to offset depletions in the year when depletions are actually occurring. The existing lease of replacement water dedicated to long term replacement, and available for augmentation if it is deemed necessary, is evidenced by an agreement with the City of Westminster dated May, 1998. All replacement water must be concurrent with depletions in quantity, timing and location. 7. Approval of this plan is for the purposes as stated herein. Any additional uses of this water must first be approved by this office. 8. All pumping for dust control and dewatering discharges to the South Platte river shall be measured in a manner acceptable to the division engineer.