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~/ <br />Frank C. Healy Page 2 <br />July 1, 2003 <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 />This substitute water supply plan is hereby approved pursuant to Section 37-92-137(11), <br />C.R.S., subject to the following conditions: <br />1. Totai surface area of exposed ground water in the pit may not exceed 4.6 acres, and ground <br />water use out of the pit is limited to evaporation, absent prior notice. Before initiating any <br />mining or ground water pumping prior notice must be submitted to this office, the division <br />engineer, and water commissioner. Such notice must include monthly and annual estimates <br />of the amounts of product that will be produced and water consumed. <br />2. Total water consumption at the pit may not exceed 34.4 acre-feet annually. <br />3. Fort Bent Canal water attributable to the 50 shares associated with this plan must be <br />released to the Arkansas River through the Clay Creek turnout structure. <br />4. Monthly accounting of water in this plan must be provided to the water commissioner and <br />division engineer on forms and at times acceptable to them. <br />5. Operation of this plan from April 1, 2002 through June 30, 2003 is approved as part of this <br />renewal approval. <br />6. All Rite has provided a copy of its agreement with LAWMA dated February 25, 2002, to this <br />office. A copy of the current lease agreement with LAWMA should be provided by July 15, <br />2003. Prior to the expiration date of this year's lease, a copy of a lease agreement must be <br />provided for next year's depletions. <br />7. The approval of this substitute water supply plan does not relieve All Rite of the requirement <br />to obtain a water court approved permanent plan for augmentation to ensure the permanent <br />replacement of all depletions, including long-term evaporation losses after the gravel mining <br />operations have ceased. Application for an augmentation plan should be made three years <br />prior to the completion of mining with the intent of obtaining a decreed plan by the <br />completion of mining. Approval of this substitute supply plan does not imply a position by <br />this office on any related litigation. <br />8. Should a request for renewal of this plan be needed, such renewal request must be <br />submitted to this office, along with the required statutory fee of $217, at least 45 days prior <br />to the expiration date of this plan (June 16, 2004). <br />9. This plan shall be valid through July 31, 2004, unless otherwise revoked or modified. <br />10. This plan may be revoked or modified at ariy time should it be determined that injury to other <br />vested water rights has or will occur as a result of the operation of this plan. <br />11. Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all ground water pumping and mining of <br />product from below the ground water table must cease immediately. <br />