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Richard T Raines April 5, 2001 Page 2 This plan remains deficient in that a source of renewable long-term replacement water sufficient to cover evaporative depletions has not been provided. This source is to be used as a back-up supply should the Cherokee Metropolitan District water no longer become available, and possibly provide the basis for a permanent plan for augmentation. You state that MAGUA developed a water right plan in 2000, which MAGUA intends to file with the Water Court for augmentation of sites included in MAGUA's plan by the end of 2001. 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. 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: Total surface area of exposed ground water in the pit must not exceed those amounts shown on Table 1. 2. No water may be pumped from the pit for any purpose. 3. All releases of replacement water must be sufficient to cover depletions as given on the attached table and made under the direction and/or approval of the Division Engineer. Reporting from the Cherokee Metropolitan District must specifically identify releases for this plan. 4. Monthly accounting of water in this plan, including amount of exposed water, evaporation, stream depletions, and replacement water deliveries must be provided to the Water District 14 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. This approval is of a temporary nature where as the use of the well in this plan is of a permanent nature that will require a court decreed plan for augmentation. The plan has been approved with MAGUA as the administrator and provider of augmentation water, and the intent of the applicant is to maintain such affiliation with the association until the association obtains a court approved plan for augmentation which would include the Rich Pit. In order to continue operating in this manner the association must provide, with any request for renewal of this plan, written commitment to continue providing replacement water for the Rich Pit and to obtain an augmentation plan which will include the Rich Pit, and specify a target date by which application will be made with the water court for such a plan.