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~~ <br />Rankle W. Case II Page 2 <br />February 13, 2003 <br />a month's depletions, until Pueblo provides notice that it will again being providing replacement <br />water with releases from its upstream sources, diversions in any given month may not exceed <br />the amount of water Agile has in storage under its Twin Lakes shares. <br />This plan is hereby approved pursuant to Section 37-92-308(4) C.R.S. and the following <br />conditions: <br />1. Operation of the plan during the period May 1, 2002 through the date of this letter, which <br />has been completed, is formally approved by this letter. <br />2. A full month's net evaporation from the pond shall be assessed for any month water is <br />discharged into the pond. <br />3. Monthly stream depletions shall be calculated as pumping minus lagged return flows. <br />4. Until Pueblo provides notice that it will again being providing replacement water with <br />releases from its upstream sources, pumping in any given month may not exceed the <br />amount of water Agile has in storage under its Twin Lakes shares. <br />5. The water attributable to the share of Twin Lakes stock must be made available for <br />release at the Division Engineer's discretion. <br />Accounting of water in this plan must be provided to the Water Commissioner and <br />Division Engineer on forms and at times acceptable to them. Said accounting must be <br />received by the 10"' of the month following the month being reported. The name, <br />mailing address, and phone number of the contact person who is responsible for <br />operation and accounting of this plan must be provided on the accounting forms. <br />Accounting shall contain, as a minimum, the following: <br />a. Pumping from the river. <br />b. Diversions to dust control. <br />c. Amounts of product washed and resulting water retained on product. <br />d. Amount of water discharged into the pond. <br />e. Net monthly evaporation. <br />f. Lagged stream accretions. <br />g. Net stream depletions. <br />h. Deliveries of replacement water by source. <br />i. Amounts of Twin Lakes Water in Storage. <br />7. This plan shall be valid through February 29, 2004, unless otherwise revoked or <br />modified. <br />8. This plan may be revoked or modified at any time should it be determined that injury to <br />other vested water rights has or will occur as a result of the operation of this plan. <br />9. Should a request for renewal of this plan be needed, such renewal request must comply <br />with Section 37-92-308(4) C.R.S., and Section 37-92-308(8) C.R.S., which requires a <br />fee of $300. Any renewal request must submitted to this office at least 45 days prior to <br />the expiration date of this plan (by January 15, 2004). <br />