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Mr. Donald E. Frick April 22, 2005 6 20% 7 15% 8 10% Page 5 12. This substitute water supply plan may be revoked or modified at any time should it be determined that injury to other vested water rights has or will occur as a result of this plan. 13. If reclamation of the mine site produces a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court at least three years prior to the completion of mining to include, but not be limited to, long- term evaporation losses. If a lined pond results after reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow. Granting of this plan does not imply approval by this office of any such court application(s). 14. Dewatering at the W,W. Farms and East 8°i Street Pits will produce delayed depletions to the stream system. As long as the pits are continuously dewatered, the water returned to the stream system should be adequate to offset the depletions. Once dewatering at these pits ceases the delayed depletions must be addressed. Accordingly, dewatering is required to continue at the W.W. Farms and East 8°i Street Pits during the terms of this approval. At least three years prior to completion of dewatering, a plan must be submitted that specifies how the post pumping dewatering depletions (including refilling of the pit) will be replaced, in time, place and amount. 15. The W.W. Farms Pit and the East 8'" Street Pit are currently being dewatered, however, if the dewatering of these sites is discontinued, the pits would fill creating additional depletions to the stream system due to increased evaporation. To assure that additional depletions to the river does not occur, a bond for $155,480 for. W.W. Farms Pit and $226,000 for the East 8'" Street Pit through DMG for lining or backfilling of the lakes has been obtained. Therefore, if the dewatering is discontinued these bonds can finance the completion of the lining .of these pits or the backfilling, thus preventing depletions to the stream system. In addition, the East 8`" Street Pit is owned by the City of Greeley. Pursuant to a lease agreement between Aggregate and the City of Greeley for the mining of the property, any long-term augmentation responsibilities for the site will be the responsibility of the City of Greeley. The City of Greeley is an established municipality with the financial and water resources and means to fully augment the site in the event that the site is abandoned by Aggregate. 16. The water attributable to the applicant's Boyd and Freeman Ditch shares and Whitney Ditch shares must continue to be diverted in-priority at the ditch then measured back to the Cache La Poudre. Adequate measuring devices acceptable to the water commissioner must be installed. 17. Should this supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all use of ground water must cease immediately. 18. In accordance with amendments to §25-8-202(7), C.R.S., and "Senate Bill 89-181 Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine whether the substitute supply is of a quality to meet requirements of use to senior appropriators. As such, water quality data or analysis may be requested at any time to determine if the water quality is appropriate for downstream water users.