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Michelle Austin Page 3 February 8, 2007 3. Well 1405128 shalt not pump more than 1.0 AF during the approval period without first submitting an amendment to the plan. 4. Lafarge shall submit a well permit application and obtain a well permit for use of well 1405128 under this plan. The provisions of Colorado Revised Statute 37-90-137(2) prohibit the issuance of a permit for a well to be located within 600 feet of any existing well, unless the State Engineer finds that circumstances so warrant after a hearing held in accordance with the procedural rules in 2CCR402-5. This hearing may be waived if you are able to obtain statements from the owners of all wells within 600 feet, verifying that they have no objection to your use of the proposed well. Should a new well permit be denied for reasons of 600 foot spacing, or any other legitimate reason, approval of use of the well under this substitute supply plan will be canceled. Once obtained, all follow up documentation and forms must be provided so as to keep the permit valid. 5. All releases of replacement water must be sufficient to cover depletions as given on the attached tables and as calculated monthly based on pumping of well 1405128 and made under the direction and/or approval of the Division Engineer. 6. Monthly accounting of water in this plan, including amount of exposed water, evaporation, meter readings, 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. Should this substitute water supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all ground water use must cease immediately. Therefore, the $51,542.00 bond must continue to be held with the Division of Reclamation, Mining and Safety to line or backfill the pit. 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. 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. 10. 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 obtain and present to this office an alternate source of replacement water.