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Gary Thompson Page 2 September 25, 2001 1. Diversions from Fountain Creek is limited to 2 cfs, and 300 acre-feet annually. All diversions must be measured in a manner acceptable to the Division Engineer. 2. Diversions may not occur at a rate greater than replacement water is made available. No diversions may occur at times where there is no excess replacement water available from the City's replacement sources. 3. Accounting of water in this plan, including diversions and replacement water deliveries must be provided to the Water Commissioner and Division Engineer on forms and at times acceptable to them. The city's current accounting, which is being provided on a weekly basis, must continue. The name, mailing address, and phone number of the contact person who is responsible for operation and accounting of this plan must be provided on the accounting forms. 4. Up to nine annual renewals of this plan are anticipated. The need for this plan is not anticipated to extend beyond September 30, 2011. Should a need for this plan extend beyond that date an application must be made in Water Court for a permanent plan for augmentation for the uses herein allowed. 5. Requests for renewal of this plan must be submitted to this office at least 45 days prior to the expiration date of this plan (by August 15, 2002). 6. This plan shall be valid through September 30,2002, unless otherwise revoked or modified. 7. This plan may be 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 the operation of this plan. 8. Should this substitute water supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all diversions must cease immediately. 9. In accordance with amendments to Section 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 or not 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. 10. Acceptance of these conditions shall be assumed unless a letter to the contrary is received by this office, the Division Engineer (310 E. Abriendo, Suite B, Pueblo CO 81004), and the Water Commissioner (Eddie Taylor, 2126 North Weber, Colorado Springs, CO 80907) within two weeks of your receipt of this letter. Should you have any questions, please contact Keith Vander Horst of this office or Brian Boughton, Augmentation Coordinator, in our Division 2 office in Pueblo at (719) 542-3368. Sincerely, Kenneth W. Knox Assistant State Engineer cc: Steve Witte, Division Engineer Eddie Taylor, Water Commissioner DMG, File no. M-87-171 KWK/KVH:fountain-kiewit gravel pit.doc