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Cheryl Signs, P.E. Page 2 Durham Pit, M-1978-056 applying the five shares of Greeley Canal No. 3 and the Fossil Creek Reservoir water, there will be 162.55 acre-feet of uncompensated depletions if dewatering on the site ceased. Additional replacements for depletions during the non-irrigation season and during months with insufficient credits will be made by releases of irrigation season credits (321.8 acre-feet of headgate deliveries and 139.3 acre-feet of return flow obligations) from five shares in the Rural Ditch Company. Four of the Rural Ditch Company shares were historically used to irrigate 158.9 acres on the 112-parcel site and these shares were used in the previous plan. In addition to the four shares, another Rural Ditch Company share will be used in this plan. The applicant acquired the property and this one share from Frank Sewald in 2003. This share was used to irrigate 31.8 acres (Sewald property) in Section 1, Township 2 North, Range 68 West, of the 6~" P. M. The historical use analysis for this share was done using the same criteria described in the previous plan for the four shares. Varra is proposing a storage program in a lined pit using the Rural Ditch irrigation season credits. Consumptive use credits from the 5 shares of the Rural Ditch that are not used to replace depletions during the irrigation season will be stored in the 112 Reservoir and subsequently released to replace non-irrigation season depletions. An application for a storage water right in the 112-lined pond was filed with the Water Court in Case No. 2001CW274. An application for a change of water right (to allow the applicant's Rural Ditch shares to be used in addition to irrigation for augmentation, replacement, exchange, commercial, industrial, recreational, piscatorial, wildlife propagation and storage) and approval of a plan for augmentation was filed with the Water Court in Case No. 2003CW306. The historical return flow obligation of the five Rural Ditch shares of 139.30 acre-feet will also be maintained by the plan. The monthly depletions and replacement requirements are found on the attached Table 1. I hereby approve the proposed substitute water supply plan in accordance with §37-90-137(11), C,R,S:_subjectao the following conditions: 1. This plan is approved with the effective date of January 1, 2006 and shall be valid through December 31, 2006 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 of $217 no later than November 15, 2006. 2. A well permit, no. 61773-F, was issued for a maximum total exposed surface water area in the pit of 79.2 acres, 7.8 acre-feet of water lost in the mined aggregate and 2.8 acre-feet of water used for dust control. Since the existing permit no. 61773-F does not cover the water used for the concrete batching and the increased in use of the water lost with the mined product, a new well permit must be obtained for the current use and exposed surface area of the gravel pit in accordance with §37-90. 137(2) and (11 ), C.R.S. in conjunction with this plan. The provisions of Colorado Revised Statute 37- 90-137(2) prohibits 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 this substitute supply plan may be cancelled. 3. The total surface area of the groundwater exposed after December 31, 1980 must not exceed 79.2 acres, which results in a maximum evaporative annual loss at the Dufiam Pit of 187.85 acre-feet. 4. The annual water used for dust control at the Dufiam Pit shall not exceed 2.8 acre-feet, the total product mined at the Dufiam Pit site shall not exceed 684,932 tons per year, which results in 20.14 acre-feet of water lost with the mined aggregate, and 3.32 acre-feet for concrete batching. 5. Total consumption at the Durham Pit must not exceed these aforementioned amounts unless an amendment is made to this plan.