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Ms. Michelle Austin Page 2 January 18, 2005 A portion of the Greeley Canal #3 was changed in Division 1 Water Court case no. 96CW658. This case found that the 519.7 shares have been used to irrigate 3,501 acres with an average historic consumptive use of 5,358 acre-feet per year (resulting in an average consumptive use credit of 10.3 acre-feet per share or 1.53 acre-feet per acre). The original plan approved on August 8, 2000 allowed for 30.9 acre-feet of credit for three shares of Greeley Canal No. 3. This credit was based on 6.74 acres being irrigated by each share. In a letter dated April 25, 2002 the lands historically irrigated by the three shares of Greeley Canal No. 3 were identified as 14 acres. According to the information submitted with this renewal request the 14 acres were historically irrigated by 2.8125 shares of the Greeley Canal No. 3, therefore the consumptive use credit has been reduced to 21.4 acre-feet. The monthly depletions and replacement requirements are found on the attached Table I. I hereby approve the proposed substitute water supply plan in accordance with §37-90- 137(11), C.R.S., subject to the following conditions: 1. Unless otherwise revoked or modified, this plan shall be valid through October 31, 2005. li 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) no later than September 15, 2005. 2. A well permit was obtained for the current use and exposed pond surface area of the gravel pit, permit no. 54916-F in accordance with §37-90-137(2) and (11), C.R.S. However this permit does not account for the dewatering at the site. Therefore a new well permit must be issued for the gravel pit in accordance with Section §37-90-137(2) and (11), C.R.S. The provisions of §37-90-137(2) C.R.S. 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 well 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 cancelled. 3. The total surface area of the groundwater exposed at the Feit Pit after December 31, 1980 must not exceed 29.7 acres during the months of November through March resulting in 15.4 acre-feet of evaporative loss and 9.6 acres during the months of April through October resulting in 23.1 acre-feet of evaporative loss. 4. The total amount of product mined at the Feit Pit shall not exceed 100,000 tons per year, which results in 2.9 acre-feet of water lost with product, 0.8 acre-feet of water used for dust control, 3.1 acre-feet used for concrete production and 0.11 acre-feet for drinking and sanitary purposes. 5. Total consumption at the pit(s) must not exceed these aforementioned amounts unless an amendment is made to this plan. 6. Approval of this plan is for the purposes as stated herein. Any additional uses for which the water may be used must first be approved by this office. Any future additional historic consumptive use credit given (e.g. agricultural water transfer) for this site must consider all previous credits given.