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State Forester to furnish the Board and its <br />designees, as Ear as practicable, whatever <br />data and technical assistance the Board may <br />request and deem necessary for the <br />performance of total reclamation and <br />enforcement duties. <br />C.R.S. $ 34-32-106. <br />Colorado law does not permit an agency to ignore its own <br />rules. <br />Every agency decision respecting the grant <br />. of a license (defined to include <br />permits] shall be based solely upon stated <br />criteria, terms, and purposes of the statute, <br />or regulations promulgated thereunder. <br />C.R.S. $ 24-4-104(2) (1988 Repl. Vol.) (empha:sis <br />added). Frank Johnson, Assistant Attorney General who <br />represented the Hoard at the hearings; concurred: "the Board has <br />to follow its own rules and procedures." (Vol. 3, p. !559.) <br />Although the Hoard conditioned its approval of the <br />Application on Battle Mountain's agreement not to commence <br />"actual leaching or processing of ore" until the operai:or obtains <br />water rights (Vol. 3, p. 580), tha8 agreement does not prohibit <br />Battle Mountain from building roads, bridges, the mill:.ng <br />facility, or from excavating the two open pits prior to obtaining <br />water rights. The Board is charged with the obligation to <br />protect the environment from such destructive activities until it <br />has assured itself that such activities will not be unF>roductive <br />or futile. The Board cannot unilaterally surrender that <br />obligation. <br />-12- <br />