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Mr. Thomas K. Snodgrass, Esq. February 5, 2004 Page 3 Total consumption at the Una Gravel Pit must not exceed 32.1 acre-feet per year (21.5 acre-feet per year of out-of-priority depletions) unless an amendment is made to this plan. 8. Approval of this plan is for the purposes as stated herein. This office must first approve any additional uses for which the water may be used. Any future historic consumptive use credits sought for this site (e.g., agricultural water transfer) must consider all previous credits applied. 9. All pumping for dust control shall be measured in a manner acceptable to the Division Engineer. 10. The replacement water that is the subject of this plan cannot be sold or leased to any other entity. As a condition of subsequent renewals of this substitute water supply plan, the replacement water must be appurtenant to this site until a plan for augmentation is obtained. A copy of this approval letter should be recorded with the County Clerk and Recorder. Atl replacement water must be concurrent with depletions in quantity, timing and locations. 11. A fully executed contract with the Colorado River Water Conservation District in the amount specified above shall be required prior to exposing groundwater as part of this aggregate operation. 12. Adequate accounting of depletions and replacements must be provided to the Division 5 Engineer in Glenwood Springs (Allan Martellaro, P.O. Box 396, Glenwood Springs, CO 81602, 970-945-5665) and the District 39 Water Commissioner (James R. Lemon, 6343 County Road 301, Parachute, CO 81635, 970-625-2317) on a monthly basis or other interval acceptable to both of them. The accounting provided with your application is subject to modification and approval by the Division Engineer. All amounts shall be in acre-feet 13. The name, mailing address, and phone number of the contact person who will be responsible for operation and accounting of this plan must be provided on the accounting forms to the Division Engineer and Water Commissioner. 14. If reclamation of the mine site will produce a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division 5 Water Court at least three years prior to the completion of mining to include, but not be limited to, long-term evaporation losses. If a lined pond results after recamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow. 15. Dewatering of the site will produce delayed depletions to the stream system. As long as the pit is continuously dewatered, the water returned to the stream system should be adequate to offset the depletions. However, once dewatering at the site ceases, the delayed depletions must be addressed. At least three years prior to completion of dewatering, a plan must be submitted that specifies how the post pumping dewatering depletions will be replaces, in time, place and amount.