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Bruce A. Lytle January 24, 2001 Page 2 •- ti The State and Division Engineers have reviewed the plan and the adequacy of each source of water provided for use as augmentation water, including, where necessary, the historical consumptive use of each water right or other fully consumable waters proposed for use as augmentation water. In accordance with Section 25-8-202(7), C.R.S. and Senate Bill 89- 181 Rules and Regulations adopted on February 4, 1992, the State Engineer has determined that subject to the terms and conditions below, the replacement supply is of a quality to meet the requirements of use to senior appropriators. This substitute water supply plan is hereby approved pursuant to Section 37-80-120, C.R.S., subject to the following conditions: 1. Pumping from the recovery wells is limited to 400 acre-feet during the life of this plan (November 1, 2000 through October 31, 2001). All well pumping must be metered in manner acceptable to the Division Engineer. 2. All wells used for ground water recovery pumping must be permitted for this use. Well permits have been obtained, permit nos. 52740-F through 52748-F, and the Statements of Beneficial Use have been submitted timely, however, many of these files have insufficient data to accept the Beneficial Use Forms. A memo had been sent to Peter Barkman of your office on October 19, 2000 outlining the required information for the wells associated with this plan (copy attached). 3. Replacement water must be provided to Rito Seco so as to match depletions on a weekly basis, with lagging of depletions due to well pumping computed pursuant to the methodology given in case no. 89CW32. 4. Accounting of water at the mine site, including recovery well pumping, discharge of treated water, water transferred to the tailings ponds, and replacement water deliveries must be provided to the Water Commissioner and Division Engineer on forms and at times acceptable to them. Where water pumped from the West pit well is evaporated or transferred to the tailings facility, replacement will be made on aone-for-one basis, on the assumption that all water evaporated or transferred to the tailings facility will be fully consumed. 5. Sufficient dry-up to produce 400 acre-feet of consumptive use credits must be maintained through the year 2001 growing season. 6. The limitations on consumptive use of the Rocky Mountain Farm and Columbian Ranch rights as given in 89CW32, including 4 year rolling average limits, must remain in effect. An application for determination of underground water rights and for amendment of existing plan for augmentation has been submitted to the Division 3 Water Court, Case No. 99CW57. The applicant must remain diligent at obtaining a final decree in this case. Approval of this plan does not imply approval by this office of any such court application. 8. Should a request for renewal of this plan be needed, such renewal request must be submitted to this office at least 45 days prior to the expiration date of this plan (September 16, 2001). 9. This plan shall be valid through October 31, 2001, unless otherwise revoked or modified.