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The Board has presented its regulatory interpretation of what <br />constitutes minimizing disturbance to the hydrologic balance in <br />Rule 6.2(1). This Rule provides the following performance <br />standards which must be followed by an operator during the course <br />of its operations to ensure minimization of disturbances to the <br />hydrologic balance: <br />(1) Hydrology and Water Quality: Disturbances to the <br />prevailing hydrologic balance of the affected land <br />and of the surrounding area and to the quantity of <br />water in surface and ground water systems both <br />during and after the mining operation and during <br />reclamation shall be minimized by measures such as: <br />(a) Compliance with applicable Colorado water laws <br />and regulations governing injury to existing <br />water rights; <br />(b) Compliance with applicable federal and Colorado <br />water quality laws and regulations; <br />(c) Compliance with applicable federal and Colorado <br />dredge and fill requirements; and, <br />(dj Removing temporary or large siltation <br />structures from drainageways after disturbed <br />areas are revegetated and stabilized, if <br />required by the reclamation plan. <br />MLRB Rule 6.2, 2 C.C.R. 407-1 <br />The Rule's language clearly indicates that the Board`s <br />determination regarding minimizing disturbance to the <br />hydrologic balance is based on manly factors, only some of <br />which are enumerated in the rule. The operators compliance <br />with applicable Colorado water laws is only one factor that <br />may be considered by the Board. The Rule also indicates that <br />the Board will defer to the standards and provisions of other <br />- 11 - <br />