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Gary Thompson Page 2 February 3, 2003 This plan is hereby approved pursuant to Section 37-92-308(4) C.R.S. and the following conditions: 1. Diversions from Fountain Creek are limited to 2 cfs, and 300 acre-Feet for the 2003 calendar year. All diversions must be measured in a manner acceptable to the Division Engineer. 2. Diversions may not occur at a rate greater than replacement water is made available. No diversions may occur at times where there is no excess replacement water available from the City's replacement sources. 3. Accounting of water in this plan, including diversions and replacement water deliveries must be provided to the Water Commissioner and Division Engineer on forms and at times acceptable to them. The city's current accounting, which is being provided on a weekly basis, must continue. The name, mailing address, and phone number of the contact person who is responsible for operation and accounting of this plan must be provided on the accounting forms. 4. This plan shall be valid through December 31, 2003, unless otherwise revoked or modified. 5. This 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 the operation of this plan. 6. Should a request for renewal of this plan be needed, such request must comply with Section 37-92-308(4) C.R.S. and 37-92-308(8) C.R.S., which requires a fee of $300. Any renewal request must be submitted 45 days prior to expiration of this plan (by November 15, 2003). 7. Should this substitute water supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all diversions must cease immediately. 8. Approval of fhis substitute supply plan does not imply a position by this office on any related litigation, or concurrence with any conclusions of law or engineering methodologies used by the applicant. The approval of this plan shall not create any presumptions, shift the burden of proof, or serve as a defense in the pending water court case or any other legal action that may be initiated concerning this plan. 9. In accordance with amendments to Section 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 or not 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 of any time to determine if the water quality is appropriate for downstream water users. 10. Acceptance of these conditions shall be assumed unless a letter to the contrary is received by this office, the Division Engineer (310 E. Abriendo, Suite B, Pueblo CO 81004), and the Water Commissioner (Eddie Taylor, 2126 North Weber, Colorado Springs, CO 80907) within two weeks of your receipt of this letter.