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Steven M. Maly <br />September 25, 2001 <br />Page 2 <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 37-80-120, <br />C.R.S., subject to the following conditions: <br />1. Diversions are limited to 0.374 acre-feet annuatly. All surface diversions must be measured <br />in a method acceptable to the Division Engineer. <br />2. A copy of a signed lease with the Upper Arkansas Water Conservancy District for the Twin <br />Lakes Water must be submitted to the Division Engineer and this office within 30 days. <br />The Twin Lakes water must be made available for release at the Division Engineer's <br />discretion. <br />4. Accounting of water in this plan, including diversions from each source and replacement <br />water deliveries, must be provided to the Water Commissioner and Division Engineer on <br />forms and at times acceptable to them. Said accounting must be received by the 10'" of the <br />month following the month being reported. The name, mailing address, and phone number <br />of the contact person who is responsible for operation and accounting of this plan must be <br />provided on the accounting forms. <br />5. Application must be made in Water Court for a permanent plan for augmentation for the <br />uses herein allowed by the expiration date of this plan (September 30, 2002). Approval of <br />this plan does not imply approval by this office of any such court application. <br />6. Should a request for renewal of this plan be needed, such renewal request must be <br />submitted to this office at least 45 days prior to the expiration date of this plan (by August <br />15, 2002). <br />7. This plan shall be valid through September 30, 2002, unless otherwise revoked or modified. <br />8. This plan maybe 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 />9. Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all diversions must cease immediately. <br />10. In accordance with amendments to 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 shall determine <br />whether or not the substitute supply is of a quality to meet requirements of use to senior <br />appropriators. As such, water quality data or analysis may be requested at any time to <br />determine if the water quality is appropriate for downstream water users. <br />11. Acceptance of these conditions shall be assumed unless a letter to the contrary is received <br />by this office, the Division Engineer (310 E. Abriendo, Suite B, Pueblo CO 81004), and the <br />Water Commissioner (Bruce Smith, 10,000 Cheyenne Circle, Salida CO 81201) within two <br />weeks of your receipt of this letter. <br />