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Frank C. Healy • • Page 2 May 21, 2001 As an additional source of long term renewable supply of replacement water Midwestern is committing to this plan 92 shares of its stock in the Buffalo Mutual Irrigation Company, which you have estimated yield an average of about 1.82 acre feet per share, or a total of 167.15 acre-feet annually. The State and Division Engineers have reviewed the plan and the adequacy of each source of water provided for use as augmentation water, including, where necessary, the historical consumptive use of each water right, and return flows from diversion of waters imported into the Arkansas River Basin or other fully consumable waters proposed for use as augmentation water. !n accordance with Section 25-8-202(7), C.R.S. and Senate Bill 89-181 Rules and Regulations adopted on February 4, 1992, the State Engineer has determined that subject to the terms and conditions below, the replacement supply is of a quality to meet the requirements of use to senior appropriators. This substitute water supply plan is hereby approved pursuant to Section 37-80-120, C.R.S., subject to the following conditions: 1. A current contract between the Colorado Springs Utilities and the Lower Arkansas Water Management Association shall be provided before gravel pit operations may be resumed under this Substitute Water Supply Plan. 2. Consumption of water by the gravel pit operations may not exceed 167.15 acre-feet during the life of this plan. Total surface area of exposed ground water in the pits may not exceed 28.5 acres. 3. Any removal of water from the pit or the well approved under permit number 054629-F, under this plan is limited to dust suppression, concrete batching and water removed via mined product, unless otherwise permitted. It is recognized that the applicant has obtained approval of a separate plan allowing irrigation waters to be discharged into and pumped from the pit, and allowing pumping from the pit as an alternate point of diversion to 2 irrigation wells. 4. Monthly accounting of water in this plan, including evaporation, pumping to concrete batching and dust suppression, water removed via product, stream depletions, and replacement water deliveries must be provided to the Water Commissioner and Division Engineer by the 10'h of the following month on forms and at times acceptable to them. The name, phone number, and mailing address of the contact person who is responsible for operation of this plan must be provided on the accounting forms. 5. The approval of this substitute water supply plan does not relieve Midwestern of the requirement to obtain a Water Court approved permanent plan for augmentation to ensure the permanent replacement of all depletions, including long-term evaporation losses after the gravel mining operations have ceased. Application for an augmentation plan should be made three years prior to the completion of mining with the intent of obtaining a decreed plan by the completion of mining. Approval of this substitute supply plan does not imply a position by this office on any related litigation.