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Ms. Sira W. Sartori Page 3 <br />Stute Pit -M81 -007 and Timnath - Connell Pit -M99 -050 <br />December 15, 2009 <br />The pro -rata historical consumptive use credit for the 2.0 shares is 85.36 acre -feet and the <br />pro -rata return flow obligation for the 2.0 shares for October through April is 44.76 acre -feet. A <br />total of 239.45 acre -feet were diverted into the recharge site between April 3 and June 16, 2009 <br />(Table 6). Connell Resource will divert the full farm headgate delivery of the 2.0 shares starting in <br />April 2010. Accordingly, the monthly timing of 192.59 acre -feet (full farm headgate delivery of the <br />2.0 shares) was used in the recharge model to determine the recharge accretion credits for 2009. <br />The lagged accretions to the Cache la Poudre River are estimated to total 222:43 acre -feet for this <br />approval period (includes carry over from recharge in previous years). The summer and winter <br />return flow obligations from the 2.0 Box Elder Ditch shares will be maintained by this substitute <br />water supply plan. <br />The excess accretion credits associated with the recharge project involving 2.0 shares of <br />the Box Elder Ditch are also approved for replacement use in conjunction with the Applicant's two <br />new gravel pits identified as SerFerr Pit (M- 2008 -006) and Swets Pit (M- 2008 -007). <br />A monthly breakdown of the stream depletions from the mining operation as well as the <br />replacements made by the recharge accretion credits of the Box Elder Ditch shares are shown in the <br />attached Table 6. <br />Conditions of Approval <br />I hereby approve this substitute water supply plan, in accordance with Section 37 -90- <br />137(11.), C.R.S., subject to the following conditions: <br />This plan is approved with an effective date of November 1, 2009 and shall be valid through <br />October 31, 2010 unless otherwise revoked or modified. If this plan will not be made <br />absolute by a water court action by the plan's expiration date, a renewal request must be <br />submitted to this office with the statutory fee (currently $257) no later than September 15, <br />2010. <br />2. The flow into the recharge site must be metered and equipped with a continuous flow <br />recorder unless the water commissioner, in conjunction with the division engineer, <br />determines adequate records may be kept without such equipment. <br />3. The total surface area of the ground water exposed at the Timnath - Connell Pit must not <br />exceed 8.0 acres, resulting in 19.5 acre -feet per year of evaporative loss. <br />4. The total amount of ground water used for dust control shall not exceed 0.8 acre -feet per <br />year and the total product mined at the Timnath - Connell Pit site shall not exceed 200,000 <br />tons per year, resulting in 5.9 acre -feet per year lost with the mined product. <br />5. Total consumption at the Timnath - Connell Pit must not exceed 26.2 acre -feet unless an <br />amendment is made to this plan. For the term of this plan, the lagged stream depletions <br />from the Timnath - Connell Pit are estimated to be 29.9 acre -feet and the lagged stream <br />depletions from the Stute Pit are estimated to be 0.4 acre -feet. <br />6. Approval of this plan is for the purposes as stated herein. Any additional uses of water <br />. must first be approved by this office. Any future additional historical consumptive use <br />