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Mr. Richard Raines July 20, 2005 Page 2 the lagged depletions resulting from operation in 2005 and 2006. Subsequent approvals of this substitute water supply plan will be contingent upon adequate accounting of all operational depletions to the Boulder Creek system that have not been previously replaced. The proposed source of replacement for this pit is from 86.8 acre-feet of transferable consumable use associated with the dry-up of historically irrigated areas associated with 2.0 shares of Rural Ditch owned by Lafarge West, Inc. The Applicant has already committed 41.4 acre-feet of this amount to the existing Heaton Batch Plant. This leaves a total of 45.4 acre- feet available to offset the depletions associated with the Duckworth Pit. The Applicant proposes to store the available consumptive use credits in Heaton Reservoir for later release to offset non-irrigation season depletions. An application for a change of water right was filed with the Division 1' Water Court under Case No. 2001 CW 194 for two shares of the Rural Ditch water and an application for a water storage right was filed under Case No. 2001 CW 193 for the Heaton Reservoir. A SWSP was approved under 37-92-308(4) C.R.S. for this proposed water right change and storage right pending the Water Court process. The Heaton Batch Plant SWSP has an effective date of June 23, 2005 and expires on June 22, 2006. The lining of this reservoir was shown to meet the performance standard as stated by letter dated April 7, 2003 from David L. Nettles, P.E. (Office of the State Engineer) to Chris Weber (Bishop-Brogden Associates, Inc.). The monthly depletions and replacement requirements for this operation can be found on the attached Table No. 3. As required by Section 8 of Senate Bill 89-120, this substitute water supply plan has been provided to an outside consultant for review. The consultant has recommended approval of the plan by-way of_a-draft.of thislettec _ Based_upanstatutory_regLirements and the recommendations of the consultant, I hereby approve the proposed substitute water supply plan in accordance with Section 37-90-137(11), C.R.S., subject to the following conditions: This plan shall be valid through June 22, 2006, unless otherwise revoked or modified. This plan will automatically be extended through October 31, 2006 if a court decree or a 2006 Substitute Water Supply Plan for the Heaton Batch Plant change of water right is obtained prior to June 22, 2006. 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) by April 22, 2006 (August 31, 2006 if extended). 2. A well permit must be issued for the gravel pit in accordance with Section §37-90-137(2) and (11), C.R.S prior to the exposure or use of groundwater. A well permit application was submitted to this office under receipt no. 522471 and this application is pending evaluation. Until a gravel pit well permit is approved, consumptive use and exposure of groundwater on this site is prohibited. The provisions of §37-90-137(2) C.R.S. prohibit 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 well within 600 feet, verifying that they have no objection to your use of the proposed well. Should a new well permit be denied for reasons of 600 foot spacing, or any other legitimate reason, approval of this substitute supply plan will be cancelled.