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Mr. Thomas K. Snodgrass, Esq. February 5, 2004 Page 2 the mining site to offset out-of-priority depletions during the irrigation season. The monthly depletions and replacement requirements for this year are found on the attached table. As required by Section 8 of Senate Bill 89-120, this substitute water supply plan has been provided to an outside consultant for review. The consultant has recommended approval of the plan by way of a draft of this letter. Based upon statutory requirements and the recommendations of the consultant, 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: 1. Unless otherwise revoked or modified, this plan shall be valid through December 31, 2005. 2. 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 (currently $217) no later than November 16, 2005. 3. A well permit must be issued for the gravel pit in accordance with Section §37-90-137(2) and (11), C.R.S prior to the exposure or 4se of groundwater. A well permit application was submitted to this office under receipt no. 516740, and this application is pending evaluation. The provisions of §37-90-137(2) C.R.S. 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 well within 600 feet, verifying that they have no objection to your use of the proposed well. 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 cancelled. 4. According to the information submitted, there appears to be 21.5 acres of exposed water surface within the permit boundary that was created by another gravel operator after January 1, 1981. As a result, the depletions associated with the evaporation from the exposed groundwater surface are the responsibility of the operator/land owner if the pit is located within the mining permit boundary. The applicant in this substitute water supply plan will not be held responsible for the depletions associated with the evaporation from this surface area under this plan approval. However, subsequent renewal of this plan will be contingent upon developing a plan to either remove this historic pit from the current permit boundary or provide a replacement source for this depletion. 5. The total surface area of the groundwater exposed (including the pit lake, conveyance channels, and the sump area) at the Una Gravel Pit, in addition to the 21.5 acres described above, must not exceed 8.0 acres resulting in a maximum annual evaporative loss from this area of 24.3 acre-feet. 6. The annual water used for dust control at the Una Gravel Pit shall not exceed 2.8 acre- feet, the total product mined at the Una Gravel Pit shall not exceed 75,000 tons per year resulting in 2.2 acre-feet of water lost with the mined aggregate and the total water used far concrete production shall nat exceed 2.8 acre-feet.