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Mr. Paul Bruss, E.I. Page 3 <br />April 30, 2012 <br />ditch, will be replaced using releases of the Pueblo water (from Pueblo reservoir or other <br />equivalent source such as Clear Creek reservoir). Two replacement scenarios may be <br />implemented over the course of this plan period. Scenario A represents the current operations <br />where PBWW cannot store Hamp -Bell Ditch credits. Scenario B represents possible future <br />operations that will take effect once PBWW has the right to store Hamp -Bell Ditch credits. The <br />operational scenario giving monthly depletions and replacements is detailed on your Tables 5A <br />& 5B, which are attached. <br />The State and Division Engineers have reviewed the plan and the adequacy of each <br />source of water provided for use as augmentation water, including, where necessary, the <br />historical consumptive use of each water right, and return flows from diversion of waters imported <br />into the Arkansas River Basin or other fully consumable waters proposed for use as augmentation <br />water. In accordance with Section 25 -8- 202(7), C.R.S. and Senate Bill 89 -181 Rules and <br />Regulations adopted on February 4, 1992, the State Engineer has determined that subject to the <br />terms and conditions below, the replacement supply is of a quality to meet the requirements of <br />use to senior appropriators. <br />CONDITIONS OF APPROVAL <br />I hereby approve the proposed substitute water supply plan in accordance with Section <br />37 -90- 137(11), C.R.S., subject to the following conditions: <br />1. This plan shall be valid through January 31, 2014, unless otherwise revoked or modified. <br />The previous plans covering the period February 1, 2008 — January 31, 2012 have been <br />approved. <br />2. Transit Mix shall provide this office and the Division office in Pueblo a copy of the extended <br />water lease (through January 31, 2014) with the PBWW prior to the expiration of their <br />current lease, September 30, 2012. <br />3. The total surface area of exposed ground water and total consumption at the pit may not <br />exceed the amounts given in the attached tables. <br />4. The total combined amount of exposed ground water and dewatered area at the Pueblo <br />East pit may not exceed 19.7 acres. Documentation of pond size may be required by the <br />Division Engineer in the form of an aerial photo evaluation or survey by a Professional Land <br />Surveyor during the plan year or in years covered by subsequent renewals of this plan. <br />Should the combined exposed surface area of Phases 1 and 2 exceed 12 acres (as <br />allowed by permit no. 61509 -F), the operator shall apply for a new permit for the <br />increased exposed surface area. <br />5. Release of the Pueblo waters must be under the Division Engineer's direction and approval. <br />6. All diversions for dust suppression must be metered in compliance with the "Amended Rules <br />Governing the Measurement of Tributary Ground Water Diversions Located in the Arkansas <br />River Basin." <br />7. Dewatering at this site will produce delayed depletions to the stream system. As long as the <br />pit is continuously dewatered, the water returned to the stream system should be adequate <br />to offset the depletions attributable to the dewatering operation. Once dewatering at the site <br />ceases, the delayed depletions must be addressed. Accordingly, dewatering is required to <br />