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Brannan Sand and Gravel Company Mazch Z, 1993 Page 3 I hereby approve the proposed substitute water supply plan in accordance with Section 37-80-120, C.RS. (1991) subject to the following conditions: 1. A well permit must be issued for the gravel pit in accordance with Section 37-90-137(2), C.R.S. (1991). According to our records, the gravel pit well permit application was returned to the Brannan Sand and Gravel Company on August 23, 1990 for failure to have a valid water supply plan. The well permit application must be returned to this office in a timely manner such that it may be processed. Please ensure that the application has an original signature, the receipt number (315447), and reference to this supply plan. No fees will be assessed for this process. 2. The total surface azea of the lake created afrer December 31, 1980 must not exceed 13.5 acres, and uses must not exceed 31.67 acre-feet of evaporative loss and 10.27 acre-feet of water in the product. Should the total consumption at the pit exceed these amounts prior to the expiration date of this plan, an amendment needs to be filed with this office. :. 3. There are a number of timing deficiencies with this plan. The consumptive use credits from the Fulton Ditch do not provide replacement water at all times when depletion actually occurs. Prior to renewal, the plan must be amended so that all depletions at times of call by senior water rights are replaced. The plan presently calculates delayed stream depletions assuming pit operations are just starting up. For purposes of renewal, delayed depletions will have to be calculated based upon the actual length of time the pit has been operating. Finally, rather than assuming instantaneous stream credits from Fulton Ditch diversions into Pit PIo. 27, actual delayed return flows will have to be accounted for. 4. The amount and location of the irrigated acreage associated with the use of the 17.9 shazes of Fulton Ditch must be documented and approved by the Division Engineer prior to approval of next year's plan. A map and/or legal description will be necessary. 5. Approval of this plan is for the purpose as stated herein. Any additional uses for which the water may be used must first be approved by this office. :" 6. The replacement water which is the subject of this plan cannot be sold or leased to any other entity. Prior to approval of next year's plan, the replacement must be tied to the land containing the ground water pond for evaporation losses for as long as the pond exists. This may be accomplished by recording a document with the county.