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Mr. Douglas Dowling Barlow Pit M-74-092 April 5, 2004 Page 5 12. This substitute water supply plan maybe revoked or modified at any time should it be determined that injury to other vested water rights has or will occur as a result of this plan. 13. All pumping of the batch plant well shall be measured in a manner acceptable to the division engineer. 14. A copy of the Water Orderregarding the Riverside Reservoirand Land Companyprivate rights and recharge credits applicable for 2004 must be submitted to the water commissioner and this office prior to renewal of this plan. 15. An analysis of the consumptive use associated with the applicant 16 shares (4 private rights) of the Riverside Reservoir and Land Company must be submitted to this office with the next plan renewal request. 16. The amount and location of the dry-up of the irrigated acreage associated with the applicant's Riverside Reservoir and Land Company private rights must be documented and approved by the division engineer and water commissioner before any consumptive use credits are available for use under this plan. A map and legal description of the dry-up must be submitted to the water commissioner, division engineer and the state engineer as part of the documentation process.. 17. Should this plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all excavation of product from below the water table and all other use of water at the pit must cease immediately. 18. If reclamation of the mine site produces a permanent water surface exposing ground water to evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court at least three (3) years prior to the completion of mining to include, but not be limited to, long-term evaporation losses and lagged depletions. If a lined pond results after reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow. Granting of this plan does not imply approval by this office of any such court application(s). 19. In accordance with amendments to §25-8-202(7), C.R.S., and Senate Bill 89-181 Rules and Regulations adopted on February 4, 1992, the State Engineer shall determine whether the substitute supply is of a quality to meet requirements of use to senior appropriators. As such, water quality data or analysis may be requested at any time to determine if the water quality is appropriate for downstream water users. 20. The dry year analysis required by this office for a permanent plan for augmentation may varyfrom the analysis approved in this substitute water supply plan. This substitute watersupply plan shall have no precedential or evidentiary force, and does not constitute an admission or statement of position in any other proceeding. This plan shall not be concurrence with any findings of fact or conclusions of law contained herein, or with the engineering methodologies used by the applicant.