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Mitch Albert, Ph. D. Page 3 <br />April 14, 1998 <br />this approval letter and the stock certificate or other acceptable evidence of title with <br />the county clerk and recorder. <br />5. In accordance with amendments to Section 25-8-202-(7), C.R.S. and "Senate Bill <br />89-181 Rules and Regulations" adopted on February 4, 1992, the State Engineer <br />shall determine whether or not the substitute supply is of a quality to meet <br />requirements of use to senior appropriators. As such, water quality data or analysis <br />may be requested at any time to determine if the water quality is appropriate for <br />downstream water users. <br />6. Neither the approval of this substitute supply plan nor any action by Twin Lakes <br />Reservoir and Canal Company relieves Agile Stone Systems, Inc. of the <br />requirement to make application to the Water Court for a permanent plan for <br />augmentation within three years of the date of completion of mining, to ensure the <br />permanent replacement of all depletions, including long-term evaporation losses (if <br />any) after the gravel mining operations have ceased. <br />7. This plan is valid through May 1, 2000, unless otherwise revoked or modified. If a <br />plan for augmentation is not obtained in the Water Court by the expiration date, an <br />annual renewal of this plan is required. Any request for renewal of this plan must <br />be submitted 45 days prior to the date of expiration, April 30, 2000. Since this plan <br />was modified from the original plan submitted and will not expose any groundwater, <br />the renewal request will not require any fee. Should this substitute water supply <br />plan expire without renewal or be revoked prior to adjudication of a permanent plan <br />for augmentation, all uses must cease immediately. <br />8. This substitute water supply plan may be revoked or modified at any time should it <br />be determined that injury to other water rights has or will occur as a result of this <br />plan. <br />9. Acceptance of these conditions must be made in writing to this office, the Division <br />Engineer (310 E. Abriendo Ave., Suite B, Pueblo, CO 81004), and the Water <br />Commissioner (Charlie Judge, P.O. Box 135, Wetmore, CO 81253) within two <br />weeks of your receipt of this letter. The name, address, and phone number of a <br />contact person who will be responsible for the operating and accounting of this plan <br />must be provided by Agile Stone Systems, Inc. <br />This office does not condone the eradication of native wetland vegetation. Likewise, <br />approval of this plan does not satisfy any federal laws or regulations or liability resulting <br />therefrom. <br />Please contact Dick Wolfe of this office or Steve Witte, Division Engineer, in Pueblo at <br />(719) 542-3368 if you have any questions concerning this approval. <br />Sincerely, <br />8t~%~ ~ ~ <br />Hal D. $imps~n <br />State Engineer <br />