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many sites scattered across Conejos County. Irrigation reservoirs are being <br />removed throughout Conejos County as landowners transition away from above- <br />ground irrigation reservoirs. Each site would likely involve the removal of about <br />13,000 cubic yards of material. The Division slid not oppose the petition. <br />5. Petitioner presented testimony regarding the benefit from the project <br />to both landowners and Conejos County, which will use the larger, potato -sized <br />rocks removed from the irrigation reservoirs to fix roads that have frost heaves. <br />Petitioner's current gravel pit has smaller gravel that is less efficient at repairing <br />this type of road damage than the rocks to be removed from irrigation reservoirs. <br />Removing above -ground irrigation reservoirs will also help landowners conserve <br />water and meet sustainability obligations by preventing substantial water loss to <br />evaporation. <br />CONCLUSIONS OF LAW <br />6. The Board has jurisdiction over this matter pursuant to the Colorado <br />Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of <br />Title 34, C.R.S. (2020). <br />7. Rule 2.5 governs declaratory order petitions. At the October 21, 2020 <br />meeting, the Board convened a non -evidentiary hearing on the petition in accordance <br />with Rule 2.5.4(c). Petitioners participated and testified at the hearing. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />hereby GRANTS the petition of Conejos County and ORDERS that Conejos County <br />Road and Bridge is exempt from the State Reclamation Permitting Requirements <br />under 34-32.5-101 et seq., C.R.S. for the deconstruction of irrigation reservoirs as <br />proposed as well as for future similar projects as they arise. <br />Conejos County shall submit written notification to the Division at least <br />thirty days prior to each new project covered under this Declaratory Order. <br />DONE AND ORDERED this 4 a day of 2020. <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />Nell Wareham -orris, air <br />Conejos County <br />File No. M-2018-039 <br />