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Ms. Michelle Johnson 25` Ave SWSP July 20, 2012 Page 4 90- 137(2), C.R.S., prohibit the issuance of a permit for a well to be located within 600 feet of any existing well, unless the State Engineer finds that circumstances so warrant after a hearing in accordance with the procedural rules in 2CCR402 -5. The hearing will be waived if you are able to obtain statements from the owners of all wells within 600 feet, verifying that they have no objection to your use of the proposed well. Should a new well permit be denied for reasons of 600 foot spacing, or any other legitimate reason, approval of this substitute supply plan may be cancelled. 3. The total surface area of the groundwater exposed after December 31, 1980 covered under this plan must not exceed 30.5 acres, which results in an evaporative loss of 114.38 acre - feet per year. Should the total consumption to be covered by this plan exceed this amount prior to the expiration date of this plan, an amendment will need to be filed with this office. 4. The area receiving credit as being exposed prior to January 1, 1981 is tied to Reservoir 5 and cannot be reallocated to any other areas either inside or outside of the mining permit boundary. Upon backfilling Reservoir 5, the site will have no areas qualifying as pre -81. 5. Total consumption at the Site must not exceed the amounts herein unless an amendment is made to this plan 6. Approval of this plan is for the purpose as stated herein. Any additional uses for which the water may be used must first be approved by this office. 7. All releases of replacement water must be sufficient to cover all out -of- priority depletions in time, place, and amount and must be made under the direction and /or the approval of the water commissioner. The release of replacement water may be aggregated to maximize beneficial use. The water commissioner and /or the division engineer shall determine the rate and timing of an aggregated release. 8. The replacement water that is the subject of this plan cannot be sold or leased to any other entity during the term of this approval. Dewatering accretions may not be used as replacement water outside of this SWSP. As a condition of subsequent renewals of this substitute water supply plan, the replacement water must be appurtenant to this site until a plan for augmentation is obtained. A copy of this approval letter should be recorded with the County Clerk and Recorder. All replacement water must be concurrent with depletions in quantity, timing and location. 9. The name, address, and phone number of the contact person who will be responsible for the operation and accounting of this plan must be provided on the accounting forms submitted to the division engineer and the water commissioner. 10. Adequate accounting of depletions and replacement must be provided to the division engineer in Greeley (Div1Accountinq(c�state.co.us) and the water commissioner (Mark Simpson, Mark.Simpson @state.co.us) on a monthly basis. All amounts shall be in acre -feet. All submitted accounting shall conform to the Administration Protocol "Augmentation Plan Accounting, Division One — South Platte River" (attached). 11. This substitute water supply plan may be revoked or modified at any time should it be determined that injury to other vested water rights has or will occur as a result of this plan. Should this supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all use of ground water must cease immediately. 12. If reclamation of the mine site produces a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court at least three years prior to the completion of mining to include, but not be