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Mark McLean, P.E. <br />April 16, 2008 <br />Page 3 <br />form of an aerial photo evaluation or survey by a Professional Land Surveyor during <br />the plan year or in years covered by subsequent renewals of this plan. <br />3. Pumping from the pit during this plan is limited to 0.91 acre-feet for dust suppression <br />purpose and 2.04 acre-feet for material washing. All pumping must be metered in a <br />manner acceptable to the Division Engineer, and meter reads must be included in the <br />monthly accounting. No pumping can occur until a measuring method in compliance <br />with the Amended Measurement Rules is established. <br />4. Replacement water provided for this plan from Cherokee must be input into the <br />Fountain Creek Transit Loss Model for delivery to the appropriate stream reaches <br />on Fountain Creek. Transit loss from the treatment plant discharge on Sand Creek <br />to Fountain Creek shall be assumed to be 10% unless measured flows at the Sand <br />Creek stream gage indicate higher transit losses should be applied by the Division <br />Engineer. Transit loss on Fountain Creek shall be as determined by the Fountain <br />Creek Transit Loss Model. <br />5. AGUA/Beltramo agree to replace out-of-priority depletions to senior surface water <br />rights in Colorado and depletions to usable Stateline flows occurring after the <br />expiration date of the Plan (March 31, 2009) that are caused by diversions of <br />groundwater during the life of the Plan. To guarantee that sufficient augmentation <br />water will be provided to replace such depletions, a current financial warranty from <br />AGUA/Beltramo is to be provided to and held by the State of Colorado sufficient to <br />allow for the purchase of 5.37 acre-feet of replacement water. Therefore, a letter of <br />creditor some other acceptable form of security, in the total amount of $64.44 (5.37 <br />acre-feet times $12 per AF) must be provided by 5:00 PM, April 30, 2008). Financial <br />Warranties must be in a form acceptable to the Division; approved documents for <br />Financial Warranties are available from the Division Engineer's office. A commitment <br />of other renewable resources may also be made by AGUA/Beltramo to offset a portion <br />of these depletions. <br />6. Wet aggregate production from the pit during this plan is limited to 70,000 tons. <br />7. Releases of water by AGUA pursuant to this plan shall be coordinated with the <br />Division Engineer and the Augmentation Coordinator and shall equal or exceed the <br />depletions to be replaced on a monthly basis. <br />8. Accounting of water in this plan, including exposed surface area, aggregate <br />production and water lost on aggregate, pumping for dust suppression, and <br />replacement water deliveries must be provided to the Water Commissioner <br />(John.VanOort@state.co.us) and Division Engineer <br />(Div2Ground.WaterCa~state.co.us) on forms and at times acceptable to them. Said <br />accounting must be received by the 10~h of the month following the month being <br />reported. The name, mailing address, and phone number of the contact person who <br />is responsible for operation and accounting of this plan must be provided on the <br />accounting forms. <br />