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Jeffrey A. Clark Pa e 9 2 August 10. 2006 water from IAWMA which would be used for replacement at the Lamar East Pil if water is ever insufficient from the above sources. Lastly, the applicant will use 25 shares of the Canon City and Oil Creek Ditch which you have estimated a yield of 38.34 acre-feet annually. Rocky Ford Ditch credits will first be applied to depletions at the Rocky Ford Pit, with excess credits carried down stream and applied to depletions at the Lamar East Pit site. Depletions at each site that cannot be covered by ditch credits, and depletions caused by elimination of return flows due to dry-up under the 2 ditches, will be replaced using releases of the Pueblo water from Clear Creek Reservoir (or from another reservoir delivered as if released from Clear Creek Reservoir). The operational scenario giving monthly depletions and replacements is detailed on your attached table. Valco has requested that it be allowed to de-water excavations at each of these pits as operations require. At the Rocky Ford East pit, water pumped from the de-watered excavation will tx3 discharged into another excavation resulting in ground water recharge. Both the excavation that is being de-watered and the excavation that serves as recharge are within the MLRD permit boundary for the Rocky Ford East pit and are located similar distances from the Arkansas River, resulting in no net affect on the river. Water pumped from excavations within the Canon City East and Lamar East pits will be routed through an adjacent excavation, but will reach the river as surface flow. You contend that the excavations being de- watered at these two sites are sufficiently close to the Arkansas River that lagged stream depletions are not of concern. We believe that this will be the case so long as the de-watered pits are within 100 feet of the river. The State and Division Engineers have reviewed the plan and the adequacy of each source of water provided for use as augmentation water, including, where necessary, the historical consumptive use of each water right, and return (lows from diversion of waters imported into the Arkansas River Basin or other fully consumable waters proposed for use as augmentation water. In accordance with Section 25-8-202(7), C.R.S. and Senate Bill 89-181 Rules and Regulations adopted on February 4, 1992, the State Engineer has determined that subject to the terms and conditions below, the replacement supply is of a quality to meet the requirements of use to senior appropriators. This substitute water supply plan Is hereby approved pursuant to Section 37-90-137(11), C.R.S., subject to the following conditions: 1. This SWSP shall be valid for the period of June 1, 2006 through May 31, 2007, unless otherwise revoked, modified, or superseded by decree. Should an additional SWSP be requested, such renewal request must be submitted to this office with the statutory fee of $257 at least 45 days prior to the expiration date of this plan. Operation of this plan since the date of the last approval letter is also adopted by this plan approval. 2. No more than 29.6 acres (14.2 acres of post-1981 exposure) of ground water may be exposed at the Canon City East Pit, nor more than 46.3 acres (28.9 acres of post-1981 exposure) of ground water may be exposed at the Rocky Ford East Pit nor more than 35.4 acres (22.2 acres of post-1981 exposure) may be exposed at the Lamar East Pit during this plan year without first obtaining an amendment to the plan. The above acreage totals include any surface areas in ponds to which de- watering water is delivered. Documentation of pond sizes may be required by the Division Engineer in the form of an aerial photo evaluation or survey by a Professional Land Surveyor during the plan year or in years covered by subsequent renewals of this plan. 3. All diversions Ior concrete hatching and any dust suppression done at the sites must be measured in accordance with the "Amendments to Rules Governing the Measurement of Tributary Ground Water Diversions Located in the Arkansas Rwer Bann". It should be noted that no approved metehng method exists for Well Id. 1205640 designated to be used for concrete production at the Canon City East Pit and that the metering method for Well Id. 1705985 designated to be used for concrete production at the Rocky Ford East Pit expires in October 2006.