Laserfiche WebLink
the application must fully disclose water information to enable <br />the Board to determine the degree of disturbance. Although the <br />Board may have ignored its obligations in the past, it may not <br />continue to do so. <br />The Board's final justification for its conclusion is <br />that even with such information, it has no enforcement <br />authority. Mr. Harry explained: <br />i would agree that certainly based on my past <br />experience on this Board, the problem is even <br />if we receive detailed information about <br />somebody's water rights, what the law is, <br />what the average yield is, all that, we can't <br />do anything with that information. We have <br />absolutely no enforcement authority ability <br />or otherwise. <br />Id. Mr. Barry goes on to state as follows: <br />I think the fact that they're doing it is the <br />result of a water transfer arrangement <br />somewhere else means it's a state engineer's <br />job, and that's why -- that's -- for me -- is <br />the explanation why we've never gone into <br />depth into this. Because we can't do <br />anything with the information once we get it. <br />(Vol. 3, p. 561.) <br />(~ Contrary to the Board's justification that waver sources <br />and rights information is unnecessary because the Board is <br />powerless to do anything with it, the requirements of :Cxhibit G <br />J is consistent state policy and purpose. The express legislative <br />declaration of the Colorado Mined Land Reclamation Act ("Act") is <br />to make compatible the extraction of minerals and the .reclamation <br />of land affected by such extraction, for both are "necessary and <br />-10- <br />