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Kimberly K. Frick Page 2 <br />June 30, 2008 <br />from dry-up, and monthly requirements for leased replacement water are shown on your <br />attached Table 4, Estimated Replacement Schedule. Monthly releases of leased water <br />may be aggregated for.release at the discretion of the Water Commissioner. <br />CONDITIONS OF APPROVAL <br />This substitute water supply plan is hereby approved pursuant to CR.S. § 37-90- <br />137(11), subject to the following conditions: <br />This plan is valid through April 30, 2009, unless otherwise revoked or modified. <br />2. This substitute water supply plan may be revoked or modified at any time should it <br />be determined that injury to other water rights has or will occur as a result of this <br />plan. <br />3.- A copy of the water lease agreement with Dolores Water Conservancy District <br />must be submitted to the Water Commissioner and this office within 2 weeks of <br />.„receipt of this letter. <br />4. If this plan will not be made absolute by a water court action by the plan's <br />expiration date, an extension request must be submitted to this office at least 45 <br />days prior to the expiration date of this plan (by March 16, 2009). Thereafter, <br />annual renewals must be submitted to this office with the statutory fee of $257, <br />unless the plan is made absolute in that year by a water court action. <br />5. The exposed surface area may not exceed 4.1 acres and water consumed by <br />operations associated with this mining operation must not exceed those identified <br />on Table 2 unless a prior amendment is approved by this office. <br />6. Approval of this plan is for the purposes as stated herein. Any additional uses <br />for this water must first be approved by this office. <br />7. All pumping for dust control shall be measured in a manner acceptable to the <br />Division Engineer. <br />8. Adequate accounting of depletions and replacements (in acre-feet) must be <br />provided to the Water Commissioner and Division Engineer on forms and at <br />times acceptable to both of them. The accounting form(s) shall be sufficient to <br />demonstrate that the net effective replacement equaled or exceeded the total <br />depletion on a monthly basis. All replacement water must be concurrent with <br />depletions in quantity, timing and location, except that releases may be <br />aggregated at the discretion of the Division Engineer. Said accounting must be <br />received by the 10th of the month following the reporting period. <br />9. The name, mailing address, and phone number of the contact person who will <br />be responsible for operation and accounting of this plan must be provided on the <br />accounting forms to the Division Engineer and Water Commissioner. <br />10. Should this substitute water supply plan expire without renewal or be revoked prior <br />to adjudication of a permanent plan for augmentation, all excavation of product