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Christopher H. Weber <br />June 30, 2010 <br />REPLACEMENTS <br />Page 2 <br />The main source of replacement water is based on the 40 acres that is now removed from <br />agricultural production by the mining operation out of the total pro rata share of 89.47 acres of <br />alfalfa and silage corn historically irrigated with Lester Attebery Ditch water. A ditch wide analysis <br />has been completed and the calculated historic consumptive use for the Grisenti parcel was about <br />221 acre-feet per year (2.47 acre-feet per acre). The historic irrigation summary is attached as <br />Table 2. The 40 acres provide an annual stream depletion credit of 98.83 acre-feet (108.89 acre- <br />feet credit during April through October and a return flow obligation of 10.06 acre-feet during <br />winter months). 60 shares of Twin Lakes Reservoir water will cover the replacement water for the <br />winter months. The 60 shares are expected to yield 56.4 acre-feet minus a 7.81 percent transit <br />loss. <br />POST PLAN DEPLETIONS <br />Should the dewatering of the Phase 2 pit cease, Transit Mix shall dedicate the 60 shares of <br />Twin Lakes Reservoir water to this plan. These shares along with the historical consumptive use <br />credit will provide adequate replacement water to cover 35 acres of potentially exposed ground <br />water. <br />CONDITIONS OF APPROVAL <br />The state and division engineers have reviewed the plan and the adequacy of each source <br />of water provided for use as augmentation water, including, where necessary, the historical <br />consumptive use of each water right, and return flows from diversion of waters imported into the <br />Arkansas River Basin or other fully consumable waters proposed for use as augmentation water. <br />In accordance with C.R.S. § 25-8-202(7) and Senate Bill 89-181 Rules and Regulations adopted <br />on February 4, 1992, the state engineer has determined that subject to the terms and conditions <br />below, the replacement supply is of a quality to meet the requirements of use to senior <br />appropriators. <br />This substitute water supply plan is hereby approved pursuant to C.R.S. § 37-90-137(11), <br />subject to the following conditions: <br />1. Approval of this plan is for the purposes as stated herein. Any additional uses of this <br />water must first be approved by this office. Any future additional historic consumptive use <br />credit given (e.g., agricultural water transfer) for this site must consider all previous credits <br />given. <br />2. The ultimate losses associated with this mining operation must not exceed a total of 70.33 <br />acre-feet for the duration of this plan approval. Documentation of pond sizes may be <br />required by the Division Engineer in the form of an aerial photo evaluation or survey by a <br />Professional Land Surveyor during the plan year or in years covered by subsequent renewals <br />of this plan. <br />3. All diversions, including dust suppression, must be measured in a manner acceptable to the <br />division engineer and in accordance with the "Amendments to Rules Governing the <br />Measurement of Tributary Ground Water Diversions Located in the Arkansas River Basin".