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Mr. Richard T. Raines July 30, 2002 Page 2 2. This plan shall be valid through July 31, 2004, unless otherwise revoked or modified. Should this substitute water supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all excavation of product from below the water table and all other use of water at the pit must cease immediately. 3. 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) by June 15, 2004. 4. This substitute water supply plan maybe 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 this plan. 5. Acceptance of these conditions is assumed unless a letter to the contrary is received bythis office, the Division Engineer and the Water Commissioner, within two weeks after receipt of this letter. 6. The total surface area of the groundwater exposed after December 31, 1980 must not exceed 0.8 acres, the annual water used for dust control shall not exceed 4.0 acre-feet, and the total product mined shall not exceed 750,000 tons per year, which results in 22.1 acre-feet of water lost with the product. Total consumption at the pit must not exceed these amounts unless an amendment is made to this plan. 7. Approval of this plan is for the purposes as stated herein. Any additional uses forwhich the water may be used must first be approved by this office. Any future additional historic consumptive use credit given (e.g., agricultural water transfer) for this site must consider all previous credits given. 8. All pumping for dust control shall be measured in a manner acceptable to the Division Engineer. 9. 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. All replacement water must be concurrent with depletions in quantity, timing, and locations. 10. The amount and location of the dry-up of the irrigated acreage associated with the Applicant's share of the Smead Ditch must be documented and approved by the Division Engineer and Water Commissioner before any consumptive use credits are available for use under this plan. A map and legal description of the dry-up must be submitted to the Water Commissioner, Division Engineer and the State Engineer as a part of the documentation process. 11. Adequate accounting of depletions and replacement must be provided to the Division Engineer (810 9th Street, 2nd Floor, Greeley, Colorado 80631) and the Water Commissioner (Mr. Scott Edgar, 704 Apple Court, Windsor, CO 80550) on a monthly basis or other interval acceptable to both of them. The accounting form provided with your application is subject to modification and approval by the Division Engineer. All amounts shall be in acre-feet. 12. The name, address, and phone number of a contact person who will be responsible for the operation and accounting of this plan must be provided on the accounting forms submitted to the Division Engineer and Water Commissioner. 13. 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 1 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 reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow. Granting of this plan does not implyapproval bythis office of any such court application(s).