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Janet Owens White Del Camino Sand and Gravel Pit (M-96-052) October 14, 2004 Page 2 1. This plan is approved with an effective date of August 1, 2004, the expiration date of the current plan, and shall be valid until October 31, 2004, unless othervvise revoked or modified. 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 (currently $217) by October 15, 2004. 2. A well permit must be obtained for the gravel pit in accordance with §37-90-137(2) and (11), C,R.S. in conjunction with this plan. Any application will be evaluated subsequent to approval of this plan. The provisions of Colorado Revised Statute 37-90-137(2) prohibits the issuance of a permit for a well to be located within 600 feet of any existing well, unless the State Engineer finds that circumstances so warrant after a hearing held in accordance with the procedural rules in 2CCR402-5. This hearing may be waived if you are able to obtain statements from the owners of all wells within 600 feet, verifying that they have no objection to your use of the proposed well. Should a new well permit be denied for reasons of 600 foot spacing, or any other legitimate reason, approval of this substitute supply plan will be canceled. 3. The total surface area of the groundwater exposed after December 31, 1980 must not exceed 6.45 acres (16.03 acre-feet of evaporative losses), the annual water used for dust control shall not exceed 2.0 acre-feet, and the total product mined shaA not exceed a total of 600,000 tons per year which results in 17.67 acre-feet of water lost with product. Total consumption at the pit must not exceed these amounts unless an amendment is made of this plan. 4. Diversions attributable to 0.1 shares of the Last Chance Ditch used for replacement during the irrigation season must continue to bediverted in-priority at the ditch then measured and returned unused back to the St. Vrain Creek in the vicinity of the Del Camino Pit. Adequate measuring devices acceptable to the water commissioner must be installed. 5. 1.5 shares in the Last Chance Ditch shall be committed to be used to cover groundwater evaporation in the unforeseen event, or events, that would lead to the abandonment of the pit. The 1.5 shares in the Last Chance Ditch has an estimated 134.3 acre-feet of historic net stream depletions. The maximum total mined area shall be limited to 54.9 acres so thatthe historical consumptive use attributable to the 1.5 shares in the Last Chance Ditch would cover the annual evaporation from the pit, in the case of abandonment. 6. Approval of this plan is for the purposes as stated herein. This office must first approve any additional uses forwhich the water may be used. Anyfuture additional historic consumptive use credit given (e.g., agricultural water transfer) for this site must consider all previous credits given. 7. All pumping for dust control shall be measured in a manner acceptable to the division engineer. 8. The replacement water that is the subject of this plan cannot be sold or leased to any other entity during the term of this approval. As a condition of the subsequent renewals of this substitute water supply plan, the replacement water must be appurtenant to this site until a plan for augmentation is obtained or there is no longer effect on the stream flow from the lagged depletions. A copy of this approval letter should be recorded with the county clerk and recorder. All replacement water must be concurrent with depletions in quantity, timing and location.