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Mark McLean July 18, 2007 CONDITIONS OF APPROVAL Page 3 This plan is hereby approved pursuant to the Amended Rules and Regulations Governing the Diversion and Use of Tributary Ground Water in the Arkansas River Basin, Colorado ("Rules') approved in Case No. 95CW211, and the following conditions: 1. This plan shall be valid through March 31, 2008 unless otherwise revoked or modified. The 1 well in this plan (Permit No. 52194-F) shall not divert more than 74 acre-feet of ground water during the plan year, in accordance with the permit conditions of approval. A separate metering method to determine the amount of water used for dust control must be in place for the operation of this plan. Additional wells may only be included in this plan if an amendment to the plan is obtained. Any request for amendment must include identification of the subject wells, an estimate of the amount of water each well will pump by month, an update of the total stream depletions by reach and month including post-plan depletions, and identification of the source of additional replacement water. Approval of an amendment will be contingent upon Kirkland Construction, RLLP demonstrating it has sufficient replacement water to cover the additional well depletions. Requests for the emergency activation of wells covered by this plan or the emergency inclusion of new wells may be submitted with information indicating that a valid measurement method is in place and with current information required by Rule 13 of the Rules. Temporary approval for pumping can be made pending a complete request for amendment of the plan, which must follow within 30 days of the approval of the emergency request. 3. Kirkland Construction, RLLP must ensure that a change of water right application approving the use of the water right for augmentation use is submitted to water court by January 1, 2008 for all water rights used as permanent replacement sources in this plan that are not decreed for augmentation use. After January 1, 2008 a renewal request must be submitted per Section 37-92-308(4), C.R.S. 4. Replacement water provided for this plan from Cherokee Metropolitan District (Cherokee) must be input into the Fountain Creek Transit Loss Model for delivery to the appropriate stream reach on Fountain Creek. Transit losses from the treatment plant discharge on Sand Creek to Fountain Creek shall be assumed to be 10% unless measured flows at the Sand Creek stream gage indicate higher transit losses should be applied by the Division Engineer. Transit losses on Fountain Creek shall be as determined by the Fountain Creek Transit Loss Model. 5. The maximum amount of ground water exposed shall not exceed 7 acres without an amendment to this plan. 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 SWSPs. 6. Approval of this plan does not guarantee that the amount of replacement water made available pursuant to this plan will replace out-of-priority depletions to senior surface water rights in Colorado, to the extent required by Rule 11 of the Rules, or depletions to usable Stateline flows caused by post-compact ground water diversions pursuant to the plan; and, notwithstanding approval of this plan, should the plan prove insufficient, Kirkland Construction, RLLP shall be responsible for replacement of out-of -priority depletions to senior surface water rights in Colorado to the extent required by Rule 11 of the Rules, and depletions to usable Stateline flows caused by post-compact ground water diversions.