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<br />~-`f r^ <br />turbance to the hydrologic balance? <br />STATEMENT OF TAE FACTS AND THE CASE <br />The Board is an agency of the State of Colorado created by <br />§ 34-32-105, C.R.S. (1988 Supp.) and charged with the power to, <br />among other things, issue reclamation permits under the Colorado <br />Mined Land Reclamation Act (the "Act"), §§ 34-32-101 to 135, <br />C.R.S. (1984 & 1988 Supp.). Section 34-32-105, C.R.S. (1988 <br />Supp.) also creates the Mined Land Reclamation Division (the <br />"Division") which is charged with the administration of the Act. <br />Section 34-32-104, C.R.S. (1988 Supp.). <br />On November 10, 1988, Battle Mountain Resources, Inc. <br />("Battle Mountain") filed an application for a reclamation permit <br />pursuant to § 34-32-112, C.R.S. (1984 b 1988 Supp.) (r. v. 6A, <br />pp. 954-1111). The permit application was subjected to an exten- <br />sive review by the Division. The contents of the application and <br />the extent of the Division's review is well summarized in the <br />statement of facts contained in Battle Mountain's Response Brief. <br />In January 1989, the application came before the Board for <br />its consideration. Pursuant to §S 34-32-114 and 115(1), C.R.S. <br />(1984), the Board elected, in its discretion, to schedule the <br />application for a more elaborate hearing. The hearing was held <br />on February 23 and March 22, 1989. <br />At the hearing, the Board heard ample testimony on a number <br />-2- <br />