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Richard T. Raines Page 2 April 15, 2004 historical consumptive use of each water right, and return flows from diversion of waters imported into the Arkansas River Basin or other fully consumable waters proposed for use as augmentation water. This substitute water supply plan is hereby approved pursuant to Section 37-90-137(11), C.R.S., subject to the following conditions: 1. Operation of the plan through March 31, 2004 is adopted and approved as part of this renewal. 2. This plan shall be valid through March 31, 2005, unless otherwise revoked or modified. 3. Active mining of the site may resume only after approval of an amendment to this plan. 4. The mined cell must be maintained in a de-watered state. 5. The actual allowed water surface exposure may not exceed 0.5 acres. 6. The consumption associated with this mining operation is limited to evaporation, which must not exceed 1.8 acre-feet during the plan year. 7. Releases of water by Pueblo pursuant to this plan shall be under the approval of the Division Engineer and the Augmentation Coordinator and shall equal or exceed the depletions to be replaced on a monthly basis. 8. Accounting of water in this plan, including excavated area, area of actual ground water exposure, pumping, stream depletions, and replacement water deliveries must be provided to the Water Commissioner and Division Engineer on forms and at times acceptable to them. Said accounting must be received by the 10~' of the month following the month being reported. The name, mailing address, and phone number of the contact person who is responsible for operation and accounting of this plan must be provided on the accounting forms. 9. The approval of this substitute water supply plan does not relieve the applicant and/or landowner of the requirement to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to ensure the permanent replacement of all depletions, including long-term evaporation losses after the gravel mining operations have ceased. Application to water court must be submitted prior to expiration of this plan Approval of this substitute supply plan does not imply a position by this office on any related litigation. 10. A request for renewal of this plan must be submitted with the statutory fee then in effect at least 45 days prior to the date of expiration (by February 14, 2005). Evidence that a water court application has been submitted to water court for a permanent plan for augmentation must be submitted with the renewal request. 11. This substitute water supply plan may be revoked or modified at any time should if be determined that injury to other water rights has or will occur as a result of this plan. 12. 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. However, once dewatering at the site ceases, the delayed depletions must be addressed. A plan must be submitted in the water court plan for