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Ms. Michelle Johnson December 3, 2004 Page 3 ~f 5. The annual total product mined at the St. Barbara Sand and Gravel Pit shall not exceed 325,000 tons per year resulting in 9.57 acre-feet of water lost with the mined aggregate and an additional 9.57 acre-feet of water lost due to dust suppression. 6. Total consumption at the St. Barbara Sand and Gravel Pit must not exceed these aforementioned amounts unless an amendment is made to this plan. 7. Approval of this plan is for the purposes as stated herein. Any additional uses of this water must first be approved by this office. Any future historic consumptive use credits sought for this site (e.g., agricultural water transfer) must consider all previous credits applied. 8. All pumping for.dust control must be measured in accordance to the Amended Measurement Rules. A totalizing flow meter (TFM) or equivalent measurement device must be installed and approved by the Division Engineer. 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 replacements must be provided to the Division 2 Engineer in Pueblo (Steve Witte, 310 E. Abriendo Avenue, Suite B, Pueblo, CO. 81004, 719-542-3368) and the District 14 Water Commissioner (Joe Flory, 1877 West Acomita, Pueblo West, CO. 81007, 719-547-9839) by the 10'~ of each month. The accounting provided with your application is subject to modification and approval by the Division Engineer. All amounts shall be in acre-feet 11. The name, mailing address, and phone number of the contact person who will be responsible for 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 2 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. This substitute water supply plan may be revoked or modified at any time should it be determined that injury to other water rights has or will occur as a result of this plan. 14. Should this substitute water supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all excavation of product from below the water table, and all other use of water at the pit, must cease immediately.