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Stevan L. O'Brian September 26, 2003 Page 2 agreement referenced above). The availability of the 65 acre-feet of replacement water from Denver was confirmed by a letter dated September 25, 2003 from Michael Walker of Denver to Anne J. Castle. The September 25, 2003 letter indicates that Denver is preparing an agreement to lease water to Campbell's C-Ment Contracting for use at the Road Runner Rest II gravel pit. A copy of the lease has not been submitted. According to your letter of July 22, 2002, the gravel pit operator, Suburban, has sold this site to Denver for possible future conversion to a water storage reservoir. Your letter also indicates that the sales agreement between Suburban and Denver allows Suburban to continue mining at this site through 2006. Denver will operate the site after 2006. It is our understanding the reclamation plan filed with the Colorado Division of Minerals and Geology ("DMG") has not yet been modified to reflect the proposal to line the pit. If the pit will be lined, DMG should be contacted regarding the filing of an amendment to the reclamation plan. hereby approve the proposed substitute water supply plan in accordance with C.R.S. §37-90- 137(11), subject to the following conditions: 1. Unless otherwise revoked or modified, this plan shall be valid through August 31, 2004. 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) no later than July 15, 2004. 2. A well permit must be obtained for the gravel pit in accordance with §37-90-137(2) and (11 ), C.R.S., for the use of ground water from this site due to evaporation, dust control, and product moisture loss. 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. If a new well permit is denied for reasons of 600 foot spacing, or any other legitimate reason, approval of this substitute supply plan will be cancelled. Application receipt no. 314941 needs to be resubmitted to this office within 10 days of the date of this approval for final processing. 3. The total surface area of the groundwater exposed after December 31, 1980 must not exceed 19 acres resulting in 52.6 acre-feet per year of evaporative loss. In the event that the dewatering pumps are stopped for any reason, Suburban is required to notify the water commissioner and division engineer within 72 hours. Within 10 business days of the dewatering pumps being stopped for any reason, Suburban is required to provide a copy of an approved lease with Denver for the additional replacement water needed to offset depletions resulting from evaporation from the increased pond surface area. Such lease is to be obtained in accordance with the previously referenced letter of May 14, 2002 from Denver. Copies of the lease shall be provided to this office, the division engineer, and the water commissioner. 4. The total amount of product mined at this pit shall not exceed 250,000 tons per year, which results in 7.38 acre-feet of water lost with the product. Water used for dust control shall not exceed 2 acre-feet per year. All pumping for dust control purposes shall be measured in a manner acceptable to the division engineer. 5. Approval of this plan is for the purposes as stated herein. Total consumption at the pit must not exceed the amounts identified above unless this office has first approved an amendment to