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Richard T Raines October 7, 2004 Page 2 modeling shows that 18.72 acre-feet of depletions will accrue to the river after the expiration date of this plan. The source of the replacement water has been obtained by MAGUA from the Cherokee Metropolitan District wastewater treatment plant. Transit losses are estimated to be 10 percent from the Cherokee Metropolitan District wastewater treatment plant on Sand Creek to Fountain Creek and an additional 7 percent to the point of depletion on the Arkansas River. Table 5 shows monthly depletions and transit losses attributable the Rich Pit and the required replacements. The lease agreement with MAGUA has been submitted to this office to show that 33.57 acre-feet of replacement water is available to Lafarge West, Inc., which will cover both depletions and the transit loss. The source of renewable long-term replacement water sufficient to cover evaporative depletions has not been secured for this plan. Lafarge West, Inc maintains a bond with the Division of Minerals and Geology for reclamation of the site, but the bond is not of sufficient amount to backfill the excavations to a level above the ground water table. Your letter of August 16, 2004 discusses your plan to resolve this issue. You state that Lafarge West, Inc. is negotiating with the City of Aurora and that Aurora has filed amendments to Case Nos. 99CW169 and 99CW 170 to include the Rich Pit for water storage. You state that if Aurora purchases this site, then Aurora will provide the long-term commitment of water supply from its Arkansas Basin water rights and would ultimately construct a slurry wall liner. You have further stated that the decision with Aurora should occur before the end of the diligence period for this option, which is July 31, 2005. If Aurora does not purchase the site, Lafarge West, Inc. will include the Rich Pit in MAGUA's long-term augmentation plan, as stated in the previous approvals of this plan. I hereby approve the proposed substitute water supply plan in accordance with §37-90- 137(11), C.R.S., subject to the following conditions: Operation of this plan through March 31, 2004 is hereby approved as part of this renewal. 2. This plan shall be valid through March 31, 2005 unless otherwise revoked or modified. If this plan will not be made absolute by a water court action by the plan's expiration date, a rehewal request must be submitted to this office with the statutory fee (currently $217) by February 15, 2005. 3. The exposed ground water surface areas, consumption of water, and river depletions due to operation of this plan may not exceed those listed in Tables 1, 2, 3, and 5 unless an amendment is approved in advance by this office. 4. No more than 5 acres of new excavations below the ground water table may occur unless an amendment to this plan is approved in advance. 5. All releases of replacement water must be sufficient to cover depletions as given on the attached tables and made under the direction and/or approval of the Division Engineer. Reporting from the Cherokee Metropolitan District must specifically identify releases for this plan.