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2013-01-29_REVISION - C1981008
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2013-01-29_REVISION - C1981008
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Entry Properties
Last modified
8/24/2016 5:12:31 PM
Creation date
2/20/2014 7:55:50 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981008
IBM Index Class Name
Revision
Doc Date
1/29/2013
Doc Name
Paintiffs Opening Brief 2010 CV 548
From
Christopher G. McAnany Dufford, Waldeck, Milburn & Krohn, LLP
To
District Court, Montrose County Colorado
Type & Sequence
PR6
Email Name
DAB
Media Type
D
Archive
No
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17. Because of the post- mining topography, gated pipe and furrow irrigation, as <br />was historically performed on the Morgan Property, will not be possible. Id. <br />18. The Morgans also objected that post- mining topography, coupled with the <br />removal of irrigation equipment owned by WFC at the conclusion of reclamation, <br />would leave them unable to irrigate. R. 7405. <br />19. In an independent technical review, OSM concluded that the yield standard <br />for agricultural productivity was not derived in a manner that is scientifically <br />supportable. R. 8914, et seq.; at 8923. <br />20. The OSM technical review found several deficiencies with PR6, and ordered <br />DRMS to implement a field investigation to address complaints by the Morgans <br />and determine whether further changes were required to the WFC permit. R. 8912- <br />8913. <br />III. ARGUMENT <br />C.R.S. § 34- 33- 119(9) provides "[i]f an applicant or any person with an <br />interest which is or may be adversely affected who has participated in the <br />administrative proceedings as an objector is aggrieved by the decision of the board <br />or if the office fails to act within the time limits specified in this article, as <br />applicant or person shall have the right to appeal in accordance with section 34 -33- <br />12 <br />
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