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Frank C Healy Page 2 1 <br />January 4, 2006 <br />Bent County Ready Mix is willing to commit its 12 shares of Fort Bent Ditch stock to the <br />pit as a source of long-term renewable supply of replacement water. These shares are <br />estimated to yield 11.0 acre-feet per year (0.92 of/share) on average, and 6.0 acre-feet per year <br />(0.50 of/share delivered) in a dry year. Because the dry year yield is insufficient to cover <br />evaporation loss, this proposed source is not sufficient to act as a long-term renewable source <br />of replacement water. Prior to renewal of this plan a new or additional source of such water <br />must be provided. <br />The State and Division Engineers have reviewed the plan and the adequacy of each <br />source of water provided for use as augmentation water, including, where necessary, the <br />historical consumptive use of each water right, and return flows from diversion of waters <br />imported into the Arkansas River Basin or other fully consumable waters proposed for use as <br />augmentation water. <br />CONDITIONS OF APPROVAL <br />This substitute water supply plan is hereby approved pursuant to Section 37-80-120, <br />C.R.S., subject to the following conditions: <br />The operation of this plan for July 1, 2004 -November 30, 2005 is formally approved by this <br />letter. This plan shall be valid through March 31, 2006, unless otherwise revoked or <br />modified. <br />2. The total surface area of exposed ground water may not exceed 4.3 acres, 2.3 acres of <br />which consists of post-1980 area. <br />3. No water may be pumped from the pit for any purpose. <br />4. tAWMA is a reliable source of replacement water and has agreed to provide the Division 2 <br />office with reports of replacement water released on behalf of the applicant. <br />5. To the extent that LAW MA provides replacement water for depletion to usable stateline flow <br />from its Article II accounts in John Martin Reservoir, LAWMA must agree to deliver the <br />appropriate fully consumable portion and the associated return flow portion and the return <br />transit loss portion associated with the Article II source to the Offset Account. Deliveries of <br />other sources of fully consumable water to the offset Account may also be made to replace <br />usable stateline depletions. <br />6. LAWMA must provide a letter to this office and the Division 2 office within 2 weeks of receipt <br />of this letter stating that LAW MA will provide replacement water to cover depletions under <br />this plan until a lease contract is secured. Contracts by LAWMA must specify an acre-foot <br />amount of water that has been leased for replacements in this plan. Bent County Ready Mix <br />must provide written contracts to this office and the Division office within 7 days of obtaining <br />the signed contracts; otherwise, all operations must cease. <br />7. Accounting of water in this plan, including acres of ground water exposure, amount of mined <br />product, total consumption, stream depletions, and replacement water deliveries must be <br />provided to the Water Commissioner and Division Engineer on forrns and at times <br />acceptable to them. <br />