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Donald E. Frick, E.I.T. South Platte Combined Replacement Plan November 14, 2006 Page 8 of 12 New Brantner Ditch Through a lease with Todd Creek, Aggregate has the right to the use of 5.75 shares in the New Brantner Ditch Company. The Brantner Ditch is divided into Old Brantner water and New Brantner water with the Old Brantner being senior to the New Brantner. The historic use analysis is based on the understanding that the Old Brantner shares are delivered first and the New Brantner shares get delivery of any remaining water. Therefore it is assumed the New Brantner system is water short. The 5.75 shares of New Granter ditch were historically used to irrigate the 72.1 acre Haake property in conjunction with the 0.371 shares of the Brighton Ditch. The Haake Property will be dried up as a part of this plan. Using aBlaney-Griddle analysis the potential crop consumptive use for the 72.1 acres was determined to be 130.75 acre-feet. Assuming a 10% ditch loss and 55% farm efficiency the dry year consumptive use for the 5.75 Brighton ditch shares was determined to be 55.37 acre-feet. Old Brantner Ditch Aggregate current has use of 11 shares of Old Brantner Ditch, however they do not propose to utilize those shares in this plan. Dewatering Credit The Hazeltine Pit will commence dewatering during this plan period. Until such time as a steady state condition occurs, whereby the depletions to the river resulting from dewatering are equal to the water returned to the stream from the dewatering well, there will be a net accretion to the river. This plan will take credit for the net increase to the river resulting from the dewatering process to offset depletions under this plan. The credit is estimated in the attached tables for the Hazeltine Pit, based on an estimated dewatering rate of 500 GPM. Prior to claiming any credit for the water returned to the stream system from dewatering the applicant must install an adequate measuring device to measure the quantity of water being pumped for dewatering purposes. Conditions of Approval I hereby approve this substitute water supply plan, in accordance with Section 37-90- 137(11), C.R.S., subject to the following conditions: 1. This SWSP shall be valid for the period of January 1, 2006 through December 31, 2006, unless otherwise revoked, modified, or superseded by decree. Should a request for renewal of this plan be needed, such renewal request must be submitted to this office by December 15, 2006. 2. A well permit must be obtained for the current use and exposed pond surface area for the Lawrence Wash Plant, North Dahlia Pit, Brighton Pit, Tucson Pit, Platte Valley Pit, Distel Pit, Larson Pit, F-Street Pit and East 8th Street Pit. The provisions of Colorado Revised Statute 37-90-137(2) prohibits 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 wells within 600 feet, verifying that they have no objection to your use of the proposed welt. 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 canceled.