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Frank C Healy • <br />June 26, 2001 <br />• Page <br />subject to the terms and conditions below, the replacement supply is of a quality to meet the <br />requirements of use to senior appropriators. <br />This substitute water supply plan is hereby approved pursuant to Section 37-80-120, <br />C.R.S., subject to the following conditions: <br />1. The total surface area of exposed ground water may not exceed 4.3 acres, 2.3 acres of <br />which consists of post-1980 area. <br />2. No water may be pumped from the pit for any purpose <br />3. LAW MA will provide the replacement water by delivering fully consumable water to the <br />Offset Account in John Martin Reservoir. If LAWMA delivers water from its Article II <br />accounts, a corresponding delivery of return flow and return flow transit loss water shall also <br />be delivered to the offset account. <br />4. Accounting of water in this plan, including acres of ground water exposure, amount of mined <br />product, total consumption, stream depletions, and replacement water deliveries must be <br />provided to the Water Commissioner and Division Engineer on forms and at times <br />acceptable to them. <br />5. The approval of this substitute water supply plan does not relieve the applicant of the <br />requirement to obtain a Water Court approved permanent plan for augmentation to ensure <br />the permanent replacement of all depletions, including long-term evaporation losses after <br />the gravel mining operations have ceased. Application for an augmentation plan should be <br />made three years prior to the completion of mining with the intent of obtaining a decreed <br />plan by the completion of mining. Approval of this substitute supply plan does not imply a <br />position by this office on any related litigation. <br />6. Any request for renewal of this plan must include new or additional long term supplies of <br />water sufficient to cover the evaporative depletions from the pit. <br />7. Should a request for renewal of this plan be needed, such renewal request must be <br />submitted to this office at least 45 days prior to the expiration date of this plan (February 15, <br />2002). <br />8. This plan shall be valid through March 31, 2002, unless otherwise revoked or modified. <br />9. This plan may be revoked or modified at any time should it be determined that injury to other <br />vested water rights has or will occur as a result of the operation of this plan. <br />10. Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all mining of wet product must cease <br />immediately. <br />11. In accordance with amendments to Section 25-8-202-(7), C.R.S. and "Senate Bill 89-181 <br />Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine <br />whether or not the substitute supply is of a quality to meet requirements of use to senior <br />appropriators. As such, water quality data or analysis may be requested at any time to <br />determine if the water quality is appropriate for downstream water users. <br />