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., <br />Mr. Ray Dunn <br />May 10, 2004 <br />Page 2 <br />1. The ultimate losses associated with this mining operation must not exceed a total of 121.4 <br />acre-feet (evaporation from 40 acres of exposed water) for the duration of this plan approval. <br />For the 2004-05 plan year losses include 15.2 acre-feet of evaporation from the proposed <br />exposure of 5 acres of water, 5.8 acre-feet of water used for dust suppression and 4.9 acre- <br />feet of water lost in 165,000 tons of mined aggregate. <br />2. A gravel pit permit application, Form No. GWS-27, must be submitted for all of the proposed <br />uses (dewatering, evaporation, loss in product, etc.) prior to use of any water. The filing fee <br />for this permit is $480. The proposed well may be within 600 feet from existing wells. The <br />provisions of Colorado Revised Statufe 37-90-137(2} prohibits fhe issuance of a permit for <br />a well to be located within 600 feet of any existing well, unless the state engineer finds that <br />circumstances so warrant after a hearing held in accordance with the procedural rules in <br />2CCR402-5. This hearing may be waived if you are able to obtain statements from the <br />owners of all wells within 600 feet, verifying that they have no objection to your use of the <br />proposed well. Should a new well permit be denied for reasons of 600 foot spacing, or any <br />other legitimate reason, approval of this substitute supply plan will be canceled. Once <br />obtained all follow up documentation and forms must be provided so as to keep the permit <br />valid. <br />3.' Approval of this plan is for the purposes as stated herein. Any additional uses of this water <br />must first be approved by this office. Any future additional historic consumptive use credit <br />given (e.g., agricultural water transfer) for this site must•consider all previous credits given. <br />All pumping for dust control shall be measured in a manner acceptable to the division <br />engineer. <br />4. An augmentation station must be constructed in order to provide a means of measurement <br />acceptable to the Division Engineer and Water Commissioners to quantify the amount of <br />replacement water delivered to Arkansas River, after direct diversion through the Lester <br />Attebery Ditch. Construction of an augmentation station shall be equivalent to a parshall <br />flume with a continuous recorder. <br />5. Applicant shall record a copy of this approval.letter, acopy of the 40 acre area monumented <br />to be dried up, and a copy of the stock certificate for the 60 shares of Twin Lakes Reservoir <br />ahd Canal Company with the Fremont County Clerk and Recorder's Office. The 60 shares of <br />Twin Lakes dedicated to this plan may not be sold, leased or othervvise legally encumbered <br />during the term of this plan. <br />6. Adequate accounting of depletions and replacements (in acre-feet) must be provided to the <br />water commissioner and/or division engineer on forms and at times acceptable to both of <br />them. The accounting form(s) shall be sufficient to demonstrate that the net effective <br />replacement equaled or exceeded the total depletion on a monthly basis. All replacement <br />water must be concurrent with depletions in quantity, timing and location, except that <br />releases aggregated at the discretion of the division engineer mar occur in a later month <br />than the depletions. Said accounting must be received by the 10 of the month following <br />the reporting period. <br />7. For all sources of dry-up the following conditions apply related to fields containing alfalfa: <br />a. Credit from dry-up fields containing alfalfa will be assessed in the following manner: <br />