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Tom Hatton Page 2 October 12, 2004 I hereby approve this amendment in accordance with §37-90-137 (11), C.R.S. subject to the following conditions: 1. This plan shall be valid through July 31, 2005 unless otherwise revoked or modified. 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 fete (currently $217) at least 45 days prior to the expiration date of this plan. 2. A well permit must be obtained for the gravel pit in accordance with §37-90-137(2) and (11), C.R.S. prior to the exposure or use of groundwater. Any application will be evaluated subsequent to approval of this plan. The provisions of §37-90-137(2) C.R.S. prohibit 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 wells 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. 3. The total surface area of the groundwater exposed after December 31, 1980 must not exceed 48 acres from August 2004 through December 2004 and 1(I acres from January 2005 through July 2005, resulting in 69.4 acre-feet per year of evaporativE; loss. The total amount of product mined at this pit shall not exceed 800,000 tons per year, which results in 23.6 acre-feet of water lost with the product. 4. Approval of this plan is for the purposes as stated herein. l'otal consumption at the pit must not exceed the amounts identified above unless this office has first approved an amendment to this plan. 5. 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, or the pit has been lined. 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. 6. 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 to the division engineer and water commissioner. 7. The Water Commissioner responsible for the administration of this plan is Mr. Robert Stahl, 9378 WCR 25, Fort Lupton, CO 80621, phone no. (303) 857-0742. The applicant shall maintain daily records of all diversions, replacements, and the amount of water used for each particular purpose. The applicant shall provide a report of thiese records to the Division Engineer and the Water Commissioner on a monthly basis on a form approved by them. The accounting must be submitted within five (5) calendar days of the end of the month for which the accounting is being made.