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Frank C Healy Page 2 <br />July 1, 2003 <br />imported into the Arkansas River Basin or other fully consumable waters proposed for use as <br />augmentation water. In accordance with Section 25-8-202(7), C.R.S. and Senate Bill 89-181 <br />Rules and Regulations adopted on February 4, 1992, the state engineer has determined that <br />subject to the terms and conditions below, the replacement supply is of a quality to meet the <br />requirements of use to senior appropriators. <br />This substitute water supply plan is hereby approved pursuant to Section 37-90-137(11), <br />C.R.S., subject to the following conditions: <br />1. The total surface area of exposed ground water may not exceed 4.3 acres, 2.3 acres of <br />which consists of post-1980 area. <br />2. No water may be pumped from the pit for any purpose. <br />3. LAWMA will provide the replacement water by delivering fully consumable water from <br />LAW MA's Article II accounts in John Martin Reservoir. <br />4. Operation of the plan from April 1, 2002 through June 30, 2003 is adopted as part of this <br />renewal approval. A current copy of the lease agreement with LAW MA should be provided <br />by July 15, 2003. Prior to the expiration of this lease agreement, a copy of a lease <br />agreement must be submitted to cover next year's depletions. <br />5. Accounting of water in this plan, including acres of ground water exposure, amount of mined <br />product, total consumption, stream depletion's, and replacement water deliveries must be <br />provided to the water commissioner and division engineer on farms and at times acceptable <br />to them. <br />6. The approval of this substitute water supply plan does not relieve the applicant of the <br />requirement to obtain a water court approved permanent plan for augmentation to ensure <br />the permanent replacement of all depletions; including long-term evaporation losses after <br />the gravel mining operations have ceased. Application for an augmentation plan should be <br />made three years prior to the completion of mining with the intent of obtaining a decreed <br />plan by the completion of mining. Approval of this substitute supply plan does not imply a <br />position by this office on any related litigation. <br />7. Any request for renewal of this plan must include new or additional long-term supplies of <br />water sufficient to cover the evaporative depletions from the pit. <br />8. Should a request for renewal of this plan be needed, such renewal request must be <br />submitted to this office at least 45 days priorJlto the expiration date of this plan (June 16, <br />2004). <br />9. This plan shall be valid through July 31, 2004, unless otherwise revoked or modified. <br />10. This plan may be revoked or modified at any time should it be determined that injury to other <br />vested water rights has or will occur as a result of the operation of this plan. <br />11. Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all mining of wet product must cease <br />immediately. <br />~. <br />'~ 1 <br />