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Richard T Raines October 7, 2004 Page 3 6. Monthly accounting of water in this plan, including amount of exposed water, evaporation, stream depletions, and replacement water deliveries must be provided to the Water District 14 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. The applicant agrees to replace out of priority depletions to senior surface water rights in Colorado occurring after the expiration date of this plan which are caused by diversion prior to March 31, 2005. To guarantee that sufficient replacement water will be provided to replace such depletions, a financial warranty in the amount of $150.00 per acre-foot must be provided to this office within 30 days of receipt of this letter to be reserved for purchase of 18.72 acre-feet of future replacement water. 8. The approval of this substitute water supply plan does not relieve the applicant and/or the 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 and lagged depletions after gravel mining operations have ceased. 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 (3) years prior to the completion of mining, to include, but not be limited to, long-term evaporation losses and lagged depletions. If a lined pond results after reclamation, replacement of lagged depletions from mining and dewatering shall continue until there is no longer an effect on stream flow. 9. Dewatering at the sites 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 sites ceases the delayed depletions must be addressed. At least three years prior to completion of dewatering, a plan must be submitted that specifies how the post pumping dewatering depletions will be replaced, in time, place and amount. 10. This plan may be revoked or modified at any time should it be determined that injury to other vested water rights has or will occur as a result of the operation of this plan. 11. Should this substitute water supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, Lafarge West, Inc. shall continue to dewater the pit, immediately stop all excavation of product below the water table and all other use of the water from the pit, and within 30 days Lafarge West, Inc. must obtain and present to this office an alternate source of replacement water. 12. In accordance with amendments to §25-8-202(7), C.R.S., and "Senate Bill 89-181 Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine if this substitute water supply plan is of a quality to meet requirements of use to which the senior appropriation receiving the substitute supply has normally been put. As such, water quality data or analyses may be requested at any time to determine if the requirement of use of the senior appropriator is met.