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\; • • • • Duane D. Helton Page 2 March 4, 1999 augmentation water. In 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. The total surface area of exposed ground water may not exceed 4.25 acres, 2.25 of which consists of post-1980 area. 2. No water may be pumped from the pit for any purpose 3. An amended agreement with LAWMA must be obtained and submitted to this office and the Division Engineer by March 31, 1999. 4. All releases of water by LAWMA from John Martin Reservoir must be under the direction and approval of the Division Engineer. 5. Accounting of water in this plan, including acres of ground water exposure, amount of mined product, total consumption, stream depletions, and replacement water deliveries must be provided to the Water Commissioner and Division Engineer on forms and at times acceptable to them. 6: The approval of this substitute water supply plan does not relieve the applicant 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 offce on any related litigation. 7. Should a request for renewal of this plan be needed, such renewal request must be submitted to this office at least 45 days prior to the expiration date of this plan (February 15, 2000). 8. This plan shall be valid through March 31, 2000, unless otherwise revoked or modified. 9. 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. 10. Should this substitute water supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all mining of wet product must cease immediately. 11. 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.