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Michelle Austin Page 2 February 8, 2007 lagged depletions for this plan year are estimated to be 58.52 acre-feet. During the April 1, 2007 through March 31, 2008 plan year, the site excavations will not expose any additional ground water. You have submitted an analysis that shows the calculated evaporation, effective precipitation, and resultant net replacement obligation in the same tables above. You have also performed a depletion analysis based upon the net replacement obligation and the aquifer characteristics to show the lagged depletion schedule to the Arkansas River, as presented in your above referenced Table 3. The total lagged depletions for this plan year are estimated to be 58.22 acre-feet. No mining or dewatering will take place during these plan years unless an amendment to this plan is approved. Un-replaced depletions from previous yeas have been completely replaced. Your analysis shows that 23.168 acre-feet of depletions from the Active Pit will accrue to the river after the expiration date of this plan. The analysis for the unused wash pond from prior years' submittals shows that about 1.194 acre-feet of post plan depletions will accrue to the river from this pond.' Therefore, the total combined post plan depletions are approximately 24.362 acres-feet. REPLACEMENTS The source of replacement water is the Lower Arkansas Valley Water Conservancy District, and a 5-year lease agreement has been submitted as verification to this office. The terms of the lease are 99 shares of Twin Lakes water per year, commencing April 1, 2005. You have considered transit losses of 10% from Twin Lakes Reservoir to Pueblo Reservoir and 0.25 percent per mile for 18 miles to the Rich Pit. The total transit toss is 9.5 acre-feet. You estimate that the shares will provide in excess of 75.2 acre-feet per year of replacement water and will therefore be sufficient to replace depletions associated with the Rich Pit and transit losses, which total 75.2 acre-feet. The source of renewable tong-term replacement water sufficient to cover evaporative depletions has not been secured for this plan. Lafarge West, Inc. is negotiating with the City of Aurora and Aurora has filed amendments to Case Nos. 99CW169 and 99CW170 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. Aurora intends to construct a slurry wall liner and use the pit as a reservoir. CONDITIONS OF APPROVAL I hereby approve the proposed substitute water supply plan in accordance with §37-90- 137{11), C.R.S., subject to the following conditions: This plan shall be valid through March 31, 2008 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 renewal request must be submitted to this office with the statutory fee (currently $257) by February 15, 2008. 2. 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, and 3, unless an amendment is approved in advance by this office. Documentation of pond size may be required by the Division Engineer in the form of an aerial photo evaluation or survey by a Professional Land Surveyor during the plan year or in years covered by subsequent renewals of this plan.