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Mr. Donald Frick 2004 Page 2 February 18, Lupton Bottoms Ditch and will return to the South Platte river via Dry Creek. According to the plan, there are no water rights located between the site and the confluence of Dry Creek and the South Platte River. In order to account for transit losses credit at the river will be taken for 85 percent of the measured discharge. As required by Senate Bill 89-120 in Section 8, this substitute water supply plan has been provided to an outside consultant for review. The consultant has recommended approval of the plan bywayof this letter. Based upon statutory requirements and the recommendations oftheconsultant, I hereby approve the proposed substitute water supply plan in accordance with §37-90-137(11), C.R.S., subject to the following conditions: 1. Unless otherwise revoked or modified, this plan shall then be valid through December 31, 2004. 2. 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 fee (currently $217) by November 15, 2004. 3. A well permit must be obtained for the gravel pit in accordance with §37-90-137(2) and (11), C.R.S. in conjunction with this plan. Any application will be evaluated subsequent to approval of this plan. The provisions of Colorado Revised Statute 37-90-137(2) prohibits 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 maybe 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. 4. The losses associated with this mining operation must not exceed a total of 27.03 acre-feet for the duration of this permit approval. These losses include 2.94 acre- feet of evaporation from the proposed exposure of 1 acre of groundwater, 2.0 acre- feet of water used for dust suppression, and 22.09 acre-feet of water lost in 750,000 tons of mined aggregate. Should the losses associated with the mining operation exceed 27.03 acre-feet or the lagged annual depletions to the South Platte River exceed 14.08 acre-feet, prior to the expiration date of this plan, an amendment will need to be filed with this office. 5. According to the plan water discharged from the pit during dewatering operations may be released to the South Platte River via the Huett Ditch. If the Huett Ditch is used, said use must be coordinated with the water commissioner. 6. According to the plan water discharged from the pit during dewatering operations may be discharged into existing wetlands. The applicant cannot claim replacement credit for any water discharged into the wetlands.