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Mr. Jeffrey Clark September 11, 2007 Page 3 well permit be denied for reasons of 600 foot spacing, or any other legitimate reason, approval of this SWSP will be cancelled. 4. The total surface area of the groundwater exposed after December 31, 1980 at the Bokelman/Walters Pit must not exceed 0.16 acres resulting in a maximum annual evaporative loss of 0.37 acre-feet. 5. The annual total product mined at the Bokelman/Walters Pit shall not exceed 200,000 tons per year resulting in 5.89 acre-feet of water lost with the mined aggregate. 6. Total consumption at the Bokelman/Walters Pit must not exceed these aforementioned amounts unless an amendment is made to this plan. 7. The existing lease of the replacement water is evidenced by an agreement with the City of Loveland dated January 13, 1998. A copy of the lease agreement was furnished to this office with this plan request. All replacement water must be concurrent with depletions in quantity, timing and location. 8. Approval of this plan is for the purposes as stated herein. This office must first approve any additional uses for which the water may be used. Any future plan that allows credit for historical consumptive use (e.g., agricultural water transfer) for this site must consider all previous credits given. 9. The replacement water that is the subject of this plan cannot be sold or leased to any other entity. As a condition of subsequent renewals of this substitute water supply plan, the replacement water must be appurtenant to this site until a plan for augmentation is obtained. 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 locations. 10. Adequate accounting of depletions and replacement must be provided to the division engineer in Greeley and the water commissioner on a monthly basis or other interval acceptable to both of them. The accounting form provided with your application is subject to modification and approval by the division engineer. All amounts shall be in acre-feet. In addition, the Applicant shall submit a report that includes an accounting of the 200 acre-feet of the fully consumable water leased from the City of Loveland. The accounting must include a list of locations and amounts of this leased water committed for replacement purposes. 11. The name, address, and phone number of the contact person who will be responsible for the operation and accounting of this plan must be provided on the accounting forms to the division engineer and water commissioner. 12. If reclamation of the mine site will produce 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. 13. Dewatering at this site will produce delayed depletions to the stream system. As long as the pit is continuously dewatered, the water returned to the stream system should be adequate to offset the depletions attributable to the dewatering operation. Once dewatering at the site ceases, the delayed depletions must be addressed. Accordingly, dewatering is required to continue during the term 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. 14. This site is currently being dewatered, however, if the dewatering of the site is discontinued, the pit would fill creating additional depletions to the stream system due to increased evaporation.