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Rick Parsons M &G SWSP December 3, 2012 SACWSD's Fulton Ditch Shares Factors, Case No 01CW258 Page 3 of 5 irrigation seasons, the ditch shares can be delivered directly to the pit and used to generate recharge credits. A historical consumptive use (CU) analysis of the subject shares has not been completed. For 2012, the Applicant will use the monthly CU factors and wintertime return flow factors adjudicated in SACWSD's change of use of its Fulton Ditch shares in Case No. 01CW258 which for convenience is shown in the table below. This allowance is for the remainder of the 2012 irrigation season only. For these shares to be used in 2013 and future years, a CU analysis specific to the subject shares must be completed. November 2012 — March 2013 Winter replacements will come from a lease of fully consumable CU credits delivered to the South Platte River from the Greeley WWTP. This water will reach the South Platte River at the Cache la Poudre River confluence which is downstream of the M &G pit. Wintertime reservoir calls that could potentially be injured by this plan is a 1898 at the Union to fill lower Latham, a 1909 at the Evans Number 2 to fill Milton Reservoir, and a 1985 recharge call at the Western /Farmers Independent. Due to the stream regime this year, it is not expected for these rights to be sweeping the river and thus be injured by this SWSP. The Applicant is hereby noticed however that should these rights place a call and sweep the river that the Greeley WWTP lease will no longer suffice and alternative actions such as trucking that water to the point of depletions must be taken immediately. The Greeley WWTP is on the Cache la Poudre River, approximately 5.2 miles upstream of its confluence with the South Platter River. Therefore a transit loss of 1.3% (0.25% /mile) will be assessed on all releases for this plan. Long Term Augmentation Requirements In accordance with the letter dated April 30, 2010 (attached) from the Colorado Division of Reclamation, Mining, and Safety ( "DRMS "), all sand and gravel mining operators must comply with the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for protection of water resources. The April 30, 2010 letter from DRMS required that you provide information to DRMS to demonstrate you can replace long term injurious stream depletions that result from mining related exposure of ground water. The DRMS letter identified four approaches to satisfy this requirement. The final reclamation plan is to backfill the entire permit area so that no exposed ground water area remains exposed causing long term injurious depletions. The operator holds a bond in the amount of $9,700 through DRMS to cover the cost of final reclamation. This bond IS NOT sufficient to ensure backfilling or lining the pit to prevent long term ground water exposure in the event the operator walks away from the site. In order for this SWSP to be renewed, the Applicant must document what steps are being taken with DRMS, and document DRMS's approval of the plan of action to bring the site into compliance with the Colorado Reclamation Act and the Mineral Rules and Regulations for protection of water resources. Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec CU as % of Diversion - - - 18.1 68.7 75.8 78.6 76.4 68.8 46.5 - - Replacement as of Summer CU 2 2 2 1 1 8 - - - - - - - 2.0 2.4 Rick Parsons M &G SWSP December 3, 2012 SACWSD's Fulton Ditch Shares Factors, Case No 01CW258 Page 3 of 5 irrigation seasons, the ditch shares can be delivered directly to the pit and used to generate recharge credits. A historical consumptive use (CU) analysis of the subject shares has not been completed. For 2012, the Applicant will use the monthly CU factors and wintertime return flow factors adjudicated in SACWSD's change of use of its Fulton Ditch shares in Case No. 01CW258 which for convenience is shown in the table below. This allowance is for the remainder of the 2012 irrigation season only. For these shares to be used in 2013 and future years, a CU analysis specific to the subject shares must be completed. November 2012 — March 2013 Winter replacements will come from a lease of fully consumable CU credits delivered to the South Platte River from the Greeley WWTP. This water will reach the South Platte River at the Cache la Poudre River confluence which is downstream of the M &G pit. Wintertime reservoir calls that could potentially be injured by this plan is a 1898 at the Union to fill lower Latham, a 1909 at the Evans Number 2 to fill Milton Reservoir, and a 1985 recharge call at the Western /Farmers Independent. Due to the stream regime this year, it is not expected for these rights to be sweeping the river and thus be injured by this SWSP. The Applicant is hereby noticed however that should these rights place a call and sweep the river that the Greeley WWTP lease will no longer suffice and alternative actions such as trucking that water to the point of depletions must be taken immediately. The Greeley WWTP is on the Cache la Poudre River, approximately 5.2 miles upstream of its confluence with the South Platter River. Therefore a transit loss of 1.3% (0.25% /mile) will be assessed on all releases for this plan. Long Term Augmentation Requirements In accordance with the letter dated April 30, 2010 (attached) from the Colorado Division of Reclamation, Mining, and Safety ( "DRMS "), all sand and gravel mining operators must comply with the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for protection of water resources. The April 30, 2010 letter from DRMS required that you provide information to DRMS to demonstrate you can replace long term injurious stream depletions that result from mining related exposure of ground water. The DRMS letter identified four approaches to satisfy this requirement. The final reclamation plan is to backfill the entire permit area so that no exposed ground water area remains exposed causing long term injurious depletions. The operator holds a bond in the amount of $9,700 through DRMS to cover the cost of final reclamation. This bond IS NOT sufficient to ensure backfilling or lining the pit to prevent long term ground water exposure in the event the operator walks away from the site. In order for this SWSP to be renewed, the Applicant must document what steps are being taken with DRMS, and document DRMS's approval of the plan of action to bring the site into compliance with the Colorado Reclamation Act and the Mineral Rules and Regulations for protection of water resources.