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Michelle Matthews Page 3 <br />September 29, 2003 <br />ft is estimated that an additional 125.7 acre-feet of stream depletions will occur after the <br />March 31, 2004 expiration date of this plan due to diversions of ground water from under <br />previous plan years. Replacement of these depletions, to the extent they cause out-of-priority <br />depletions, is proposed to be accomplished by the commitment of sufficient funds to purchase <br />future supplies of replacement water. <br />The state and division engineers have reviewed the plan and the adequacy of each <br />source of water provided for use as augmentation water, including, where necessary, the <br />historical consumptive use of each water right, and return flaws from diversion of waters <br />imported into the Arkansas River basin or other fully consumable waters proposed for use as <br />augmentation water. In accordance with Section 25-8-202(7), C.R.S. and Senate Bill 89-181 <br />Rules and Regulations adopted on February 4, 1992, the state engineer has determined that <br />subject to the terms and conditions below, the replacement supply is of a quality to meet the <br />requirements of use to senior appropriators. <br />Based on stream depletions determined in accordance with the Rules, and consistent <br />with other provisions of the Rules, the state and division engineers have determined that, <br />subject to the terms and conditions.set forth below, it appears the plan to divert tributary ground <br />water will provide sufficient augmentation water in amount, time, and location to replace out-of- <br />prioritydepletions to senior surface water rights in Colorado and all depletions to usable <br />stateline flow caused by such diversions and may therefore be approved pursuant to Rule 7 of <br />the Rules. <br />This plan is hereby approved pursuant to the following conditions: <br />1. The operation of this plan through March 31, 2003 is adopted and approved as part of <br />this renewal. <br />2. This plan shall be valid through March 31, 2004 unless otherwise revoked or modified. <br />3. The 18 active wells in this plan shall not divert more than 165.7 acre-feet of ground <br />water without obtaining an amendment to the plan. The R.B.K. Baxter Road Pit and <br />Lafarge Evans #2 Pit shall not operate unless individual substitute water supply plans <br />are approved for those operations. Additional wells may only be included in this plan if <br />an amendment to the plan is obtained. Any request for amendment must include <br />identification of the subject wells an estimate of the amount of water each well will pump <br />by month, an update of the total stream depletions by reach and month including post- <br />plan depletions, and identification of the source of additional replacement water. <br />Approval of an amendment will be contingent upon the association demonstrating it has <br />sufficient replacement water to cover the additional well depletions. Requests for the <br />emergency activation of wells covered by this plan or the emergency inclusion of new <br />wells may be submitted with information indicating that a valid measurement method is <br />in place and with current information required by Rule 13 of the Rules. Temporary <br />approval for pumping can be made pending a complete request for amendment of the <br />plan, which must follow within 30 days of the approval of the emergency request. <br />4. Approval of this plan does not guarantee that the amount of replacement water made <br />available pursuant to this plan will replace out-of-priority depletions to senior surface <br />water rights in Colorado, to the extent required by Rule 11 of the Rules, or depletions to <br />usable stateline flows caused by post-compact ground water diversions pursuant to the <br />