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' Chris Weber Page 3 September 29, 2003 2. The total combined amount of exposed ground water and dewatered area at the Pueblo East pit may not exceed 12 acres. 3. Excavation and/or washing an excess of 667,000 tons of material at the Pueblo East pit will require a new well permit. 4. Release of the Pueblo waters must be under the division engineer's direction and approval. 5. All pumping for material washing or dust suppression must be measured in a manner approved by the division engineer. 6. Accounting of all waters in this plan must be provided to the water commissioner and division engineer on forms and at times acceptable to them. Said accounting must be received by the 10'" of the month following the month being reported. The name, mailing address, and phone number of the contact person who is responsible for operation and accounting of this plan must be provided on the accounting forms. 7. Transit Mix must diligently pursue its application with the water court in case no. 03CW8 for a permanent plan for augmentation for the Pueblo West pit to ensure the permanent replacement of all depletions, including long term evaporation losses after the mining operations have ceased. Approval of this substitute supply plan does not imply a position by this office on any related litigation. 8. Should a request for renewal of this plan be needed, such renewal request must be submitted to this office with the statutory fee of $217 at least 45 days prior to the expiration date of this plan (by December 16, 2004). 9. This plan shall be valid through January 31, 2005, unless otherwise revoked or modified. 10. This plan may be 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 the operation of this plan. 11. 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 pits, must cease immediately. 12. In accordance with amendments to Section 25-8-202-(7), C.R.S. and "Senate Bill 89-181 Rules and Regulations" adopted on February 4, 1992, the state engineer shall determine whether or not the substitute supply is of a quality to meet requirements of use to senior appropriators. As such, water quality data or analysis may be requested at any time to determine if the water quality is appropriate for downstream water users. 13. Acceptance of these conditions is assumed unless a letter to the contrary is received by this office, the division engineer (Steve Witte, 310 E. Abriendo, Suite B, Pueblo, CO 81004), and the Water Commissioner (Joe Flory, 1877 West Acomita, Pueblo West, CO 81007) within two weeks of your receipt of this letter.