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,Mark McLean • ~ Page 2 Aucust 30, 2000 . The proposed mining operations will create a situation causing permanent groundwater exposure, and permanent evaporation losses. RBK should explore options for how to provide permanent replacement of depletions. To provide assurance that, prior to obtaining a permanent decreed plan for augmentation, evaporation losses can be stopped, RBK should post a bond with the Division of Mineral and Geology sufficient to back fill up to 4.0 acres of excavation. 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. I hereby approve the proposed substitute water supply plan in accordance with Section 37-80- 120, C.R.S., subject to the following conditions: 1. The :actual allowed water surface exposure may not exceed 4.0 acres at any given time. 2. Prior to any groundwater exposure in the pit or any groundwater pumping for other uses associated with this plan, a well permit must be issued for the gravel pit in accordance with §37-90-137(2) and (11), C.R.S. The pending permit application (receipt number 457002) will be evaluated pursuant to this plan. As noted in your letter of July 25, 2000, there are no wells located within 600 feet of the proposed water surface of the pit. 3. Prior to issuance of a well permit under this plan, evidence must be provided that RBK has posted a bond with the Division of Minerals and Geology for purposes of back filling up to 4.0 acres of below water table excavation. 4. The consumption associated with this mining operation must not exceed 20.3 acre-feet per year as a result of operational uses for mining of wet aggregate and aggregate washing, and evaporation from exposed groundwater areas. Should the depletions to the Arkansas River exceed 20.3 acre- feetannually prior to the expiration date of this plan, an amendment will need to be filed with this office. 5. Releases of water by Cherokee Metropolitan District and Pueblo pursuant to this plan shall be under the approval of the Division Engineer and the Augmentation Coo`dinator and shall equal or exceed the depletions to be replaced on a monthly basis. 6. Accounting of water in this plan, including excavating area, area of actual groundwater exposure, pumping, stream depletions, and replacement water deliveries must be provided to the 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. The approval of this substitute water supply does not relieve the applicant and/or landowner of the requirement to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to ensure the permanent replacement of all depletions, including long-term evaporation losses after the gravel mining operations have ceased. Application for a decree 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 office on any related litigation.