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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF THE PETITION OF CENTRAL COLORADO WATER <br /> CONSERVANCY DISTRICT FOR DECLARATORY ORDER, File No. M-2024-015 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> December 11, 2024 to consider a petition for declaratory order submitted by Central <br /> Colorado Water Conservancy District ("Petitioner"), file number M-2024-015. J.C. <br /> York, P.E., a consultant with J&T Consulting, Inc., appeared on behalf of Petitioner. <br /> Brock Bowles and Senior Assistant Attorney General Scott Schultz appeared on <br /> behalf of the Division of Reclamation, Mining and Safety ("Division"). <br /> The Board, having considered the parties' presentations and having been <br /> otherwise fully informed of the facts in the matter, hereby enters the following: <br /> FINDINGS OF FACT <br /> 1. Petitioner filed a 112(c) permit application for a sand and gravel site <br /> located in Section 30, Township 4 North, Range 66 West, 6th P.M. in Weld County. <br /> 2. On October 28, 2024, Petitioner filed a request for a declaratory order <br /> from the Board that, as a quasi-municipal corporation and political subdivision of <br /> the state of Colorado, it is exempt under Rule 4.1.2(2) of the Mineral Rules and <br /> Regulations of the Colorado Mined Land Reclamation Board for the Extraction of <br /> Construction Materials (the "Rules") from the requirement to submit a financial <br /> warranty. <br /> 3. At the hearing, the Division, presented testimony that Petitioner was a <br /> special district and that it had complied with the requirements for an exemption <br /> from the requirement to submit a financial warranty. The Division did not oppose <br /> the petition. <br /> CONCLUSIONS OF LAW <br /> 4. 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. (2024). <br /> 5. Rule 2.5 governs declaratory order petitions. At the December 11, 2024 <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 />