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Aryol Brumley Page 2 June 30. 2006 Ditch. This plan authorizes the following credits to be generated by dry-up acreage under the Home Ditch: May 0.053 acre-feet per acre June 0.231 acre-feet per acre July 0.213 acre-feet per acre August 0.125 acre-feet per acre September 0.053 acre-feet per acre TOTAL 0.676 acre-feet per acre The consumption, lagged depletions. CU credits generated, dry-up area, and retum flow requirements are shown on Attachment A. To match the liming demands of the depletions and return flow requirements with the available credits, Four States Aggregates, LLC. has chosen to store the CU credits with the Montezuma Valley Irrigation Company (MVIC). A contract agreement between Four States Aggregates, LLC. and MVIC has been submitted to this office to verify the agreement. Four States Aggregates, LLC. must coordinate with MVIC to ensure that the appropriate credits are accounted for monthly and that monthly releases are made in accordance with this SWSP. CONDITIONS OF APPROVAL This substitute water supply plan is hereby approved pursuant to CR.S. § 37-90- 137(11), subject to the following conditions: 1. This plan is valid through April 30, 2007, unless otherwise revoked or modified. 2. This substitute water supply plan may be revoked or modified at any time should it be determined that injury to other water rights has or will occur as a result of this plan. 3. If this plan wdl not be made absolute by a water court action by the plan's expiration date, an extension request must be submitted to this office at Least 45 days prior to the expiration date of this plan (by March 16, 2007). Thereafter, annual renewals must be submitted to this office with the statutory fee of $257, unless the plan is made absolute in that year by a water court action. 4. Applicant must file an application to water court for the uses identified m this plan and the associated plan for augmentation by September 1, 2006. 5. The consumption and depletions associated with this mining operation must not exceed those identified on Attachment A unless a prior amendment is approved by this office. 6. Approval of this plan is for the purposes as stated herein. Any additional uses for this water must first be approved by this office. 7. All pumping for dust control shall be measured in a manner acceptable to the Division Engineer.