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Mr. John F. Scott Page 2 Timnath Pit-M89-056AM-Substitute Water Supply Plan to the river. The historic return flow obligation from the net dry-up of the 151.7 acres of irrigated pasture will continue to be diverted onto the farm and return to the stream. Surface return flows will be routed to the Cache La Poudre River via Mallard Creek. Subsurface return flows will be diverted into the unlined pond along with the consumptive use credits resulting from dry-up of 151.7 acres identified above. Since the replacement water is delivered to the same pond where the depletions occur, it was assumed that the amount and timing of the depletions and subsurface return flow are met automatically for each month after the first month in which replacements exceed depletions. Therefore, for the period of May 2004 through April 2005, depletions will be met by delivery of replacement water from May 2004 through October 2004. For the period of May 2005 through April 2006, depletions will be met by delivery of replacement waterfrom May 2005 through October 2005. In order to replace the lagged depletions to the river for the period of May 2004 through April 2005 a minimum of 65.2 acre-feet of the 77 acre-feet will be required to be diverted into the unlined pond. An application for a change of water right (to allow the applicant's Box Elder Ditch shares to be used in addition to irrigation for augmentation, replacement, exchange, inigation, domestic, municipal, commercial, industrial, fire protection, livestockwatering, recreational, piscatorial and wildlife propagation), approval of a plan for augmentation, and storage water right was filed with the Water Court and is pending in Case No. 2004CW006. The monthly depletions, replacement requirements and the amount of timing of diversions are found on the attached Table I. I hereby approve the proposed substitute water supply plan in accordance with §37-90- 137(11), C.R.S. subject to the following conditions: 1. Unless otherwise revoked or modified, this plan shall be valid through April 30, 2006. 2. 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 $217) by March 15, 2006. 3. A well permit must be obtained for the gravel pit in accordance with §37-90-137(2) and (11), C.R.S. in conjunction with this plan. Any application will be evaluated subsequent to approval of 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 will be cancelled. 4. The total surface area of the groundwater exposed at the Timanth Pit site after December 31, 1980 must not exceed 19.1 acres resulting in 47.3 acre-feet peryearof evaporative loss.