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Kimberly K. Frick Page 2 <br />April 28, 2009 <br />• Specific yield of 0.2 (typical of alluvial aquifer) <br />The lagged depletions are provided in Table 2, "2009 Total Depletions". <br />Depletions associated with lagged dewatering are shown in Table 4. <br />REPLACEMENTS <br />The replacement water provided in this plan is from the consumptive use credits <br />associated with dry-up of 38 acres of lands that have previously been irrigated by the <br />Home Ditch and from a lease with the Dolores Water Conservancy District for 6.59 acre- <br />feet of replacement water. The consumption, lagged depletions,.CU credits generated <br />from dry-up, lagged dewatering depletions and monthly requirements for leased <br />replacement water are shown on your attached Table 4, Estimated Replacement <br />Schedule. Monthly releases of leased water may be aggregated for release at the <br />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, 2010, 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. 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, 2010). 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 />4. A new contract with Dolores Water Conservancy District showing the increased <br />amount of water to be leased must be submitted to this office within 3 weeks of the <br />date of this letter. <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