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Thomas A. Schreiner March 16, 2005 Page 6 statute treated all mining and reclamation under a single law; its language stated that the MLRB "shall not grant a permit in violation of city, town, county or city and county zoning or subdivision regulations ... unless a prior declaration of intent to change or waive the prohibition is obtained by the applicant from the affected political subdivision," and "nothing in this article shall be construed to preempt zoning and land use authority and regulation by political subdivisions pursuant to Article 20 of Title 29, Article 28 of Title 30, and Article 23 of Title 31." The Supreme Court in Colorado State Board of Land Commissioners v. Colorado Mined Lund Reclamation Board confirmed that MLRB's power to issue a permit under the 1984 statute was conditioned on "compliance with county zoning regulations in a manner consistent with the express purpose of the statute." 809 P.2d 986-87. However, the legislature changed the statute following that decision, and took construction materials out of the operation of the general mining reclamation statute. The 1995 language of Article 32.5 applies to construction materials operations, and makes it plain that MLRB can issue a permit before the operator has obtained a local government permit. The relevant section of Title 34 Article 32.5, [he "Colorado Land Reclamation Act for Construction Materials" says that no other office or political subdivision of the state shall have any authority to issue reclamation permits or impose reclamation standards or financial warranties on construction materials operations. It also states (as Title 34 Article 32 did not) that The operator shall be responsible for assuring that the mining operation and the post mining land use comply with city, town, county or city and county land use regulations and any master plan for extraction adopted pursuant to section 34-1-304 unless a prior