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4 ` • • <br />5. The Bookers are the owners of 480 acres, more or less, <br />within Section 1, T13S, R63W, E1 Paso County, and 1,240 acres, more <br />or less, within Sections 17, 18 and 20, T145, R62W, E1 Paso County. <br />The former property lies immediately up-gradient in the same allu- <br />vial system as Applicant's property, and the latter property lies <br />immediately down-gradient in the same alluvial system as Appli- <br />cant's property. The Bookers own and utilize on each of these <br />properties numerous ground water rights, many of which are senior <br />and some of which are junior to Applicant's three water rights. <br />Some or all of the water rights located on both of the Bookers' <br />properties may be unreasonably impaired or materially injured by <br />the granting of Applicant's application without: (1) adherence to <br />the procedural requirement that the Commission first authorize <br />Applicant to make either a new appropriation of designated ground <br />water pursuant to §37-90-107, C.R.S. or to change the types of use <br />of his existing water rights pursuant to §37-90-111(g), C.R.S. to <br />allow mining and recreational uses of designated ground water, and <br />(2) imposition of adequate protective terms and conditions in any <br />permit granted by the Board to preclude any such unreasonable <br />impairment, material injury and disturbance to the prevailing <br />hydrologic balance. <br />WHEREFORE, the Bookers pray the Board to deny the referenced <br />application, without prejudice, so that Applicant may first obtain <br />the necessary authorizations from the Commission (which, of course, <br />has exclusive jurisdiction over designated ground water). Alterna- <br />tively, the Bookers pray the Board to condition the effectiveness <br />of any permit upon the receipt of such necessary authorizations <br />from the Commission. Finally, the Bookers respectfully petition <br />the Board to hold an evidentiary hearing hereon at which the <br />Bookers may present expert testimony as to the actual maximum <br />consumption and/or depletion to the Upper Black Squirrel Creek <br />alluvium that will result from Applicant's proposed mining and <br />reclamation activities and so that the Bookers may have an oppor- <br />tunity to review any evidence subsequently advanced by Applicant <br />concerning the proper amount and administration of such "augmenta- <br />tion" or "exchange" water. <br />-3- <br />