2009-05-26_REVISION - M1993041 (3)

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2. Ongoing operation of the Exchange. a. Introduction Cemex proposes to continue to collect and store water in the three quarry pits currently used for this purpose, or in pits that may be excavated in the future by mining operations, and provide substitute water to the St. Vrain. The stored water will be used for dust suppression at Dowe Flats and the plant site. Cemex will release its C-BT units classified for multipurpose use in substitution of water stored in the quarry pits out-of=priority. Cemex requests that the Exchange operate until the cessation of mining and reclamation at the Dowe Flats site, expected to be no later than 2024. b. Measurement and Reporting Obligations To obtain an accurate accounting of the water stored out-of-priority and lost to evaporation, Cemex will maintain monthly records of: (1) The surface area of each of the three pits and/or pits that may be excavated and utilized for water storage in the future, based on GPS-based approximations; (2) The volume of water stored in each of the pits and/or pits that may be excavated and utilized for water storage in the future; and (3) The volume of water removed for use in dust suppression from each of the three pits and/or any pits that may be excavated and utilized for water storage in the future. Cemex will transmit these records to the Water Commissioner on a monthly basis or as requested by the Water Commissioner. The volume of any water stored out-of-priority in the quarry pits shall be determined by (1) the difference between the volume of water stored in the pits on the first and last day of each month, plus (2) the volume of water removed from the pits for use in dust suppression, plus (3) evaporation loss. Evaporation loss will be calculated by multiplying the total quarry pit surface acreage as calculated on the last day of each month by the rates listed in the evaporation loss chart, see supra. c. Re lp acement From June 15 to October 31, when C-BT water is available and can be delivered to the St. Vrain, surface water runoff captured and stored when Cemex's Dowe Flats Storage Right is not in priority will be replaced by a substitutions of C-BT water at a one-to-one ratio. To accomplish real time one-to-one replacement, Cemex shall provide on or before June 15 of each year, C-BT units corresponding to 13 acre-feet of water at the Water Commissioner's disposal to be released by the Water Commissioner as necessary for replacement purposes during the summer months (from June 15 to October 31). If at any time, additional substitute water is necessary as demonstrated by the monthly accounting reports, Cemex shall, at the Water 4