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Mr. Richard Raines Page 6 Middle Poudre Combined Plan -Lafarge West, Inc. January 26, 2007 Conditions of Approval 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 is approved with an effective date of November 1, 2006 and shall be valid through October 31, 2007 unless otherwise revoked or modified. 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 of $257 for each gravel pit no later than September 15, 2007. 2. The total area of pond surface exposed after December 31, 1980 for each of the pits shall not exceed those values listed in Table A of this approval. Should the total surface area exposed exceed those amounts, an amendment request shall be promptly filed with this office. 3. The total amount of ground water to be appropriated from each of the pits shall not exceed the values listed in Table B of this approval. 4. Approval of this plan is for the purposes as stated herein. Any additional uses of water must first be approved by this office. Any future additional historical consumptive use creditgiven (e.g., agricultural water transfer) for this-site must consider all previous . - credits given: 5. All pumping for dust control shall be measured in a manner acceptable to the division engineer. ' 6. The replacement water, which is the subject of this plan, cannot be sold or leased to any other entity. As a condition of subsequent renewals of this substitute water supply plan, the replacement water must be appurtenant to this site until a plan for augmentation is obtained. A copy of this approval letter should be recorded with the county clerk and recorder. All replacement water must be concurrent with depletions in quantity, timing, and location. 7. The name, address, and phone number of the contact person who will be responsible for the operation and accounting of this plan must be provided on the accounting forms submitted to the division engineer and the water commissioner. 8. Adequate accounting of depletions and replacement must be provided to the division engineer in Greeley and the water commissioner on a monthly basis or other interval acceptable to both of them. The accounting form provided with your application is subject to modification and approval by the division engineer. All amounts shall be in acre-feet. 9. By February 15, 2007, the Applicant is required to provide updated accounting to document the monthly amount and timing of releases to maintain the historical return flow obligations of the Gray Lakes water used for replacement purposes. 10. The applicant is advised that if a subsequent request to use Gray Lakes water for replacement purposes is submitted without a detailed historical consumptive use analysis being provided to substantiate a larger credit, the consumptive use credit allowed will be limited to 45% for the Gray Lakes water (55% assumed to be return flow).