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only from subsidence, but also from groundwater problems of several types. The potential for mine water intrusion into any of several of the major aquifers in the area, as well as drainage into the Yampa River present a very serious liability concern for us as landowners within the current permit area. We are stakeholders without access to the underground workings of the Cyprus Eagle Mine complex, and without the ability to see into the future, but we aze very concerned about a possible situation where the State releases Empire in 2004 from all liability for damages to our lands occasioned by Empire's past mining operations, and, for example, five years from now damage to our lands caused by the current flooding of the Mine complex is discovered. When Congress enacted the Surface Coal Mining and Reclamation Act in 1978, and when the State of Colorado's statutory and regulatory scheme was approved and Colorado assumed primacy for enforcement in this area, one of the primary concerns was protection of surface owners from the kinds of degradations to their properties that had been caused historically by coal mining operations. When making its decision to grant or deny Empire's request that it be released from all future liability for potential damages to our property, we ask the State of Colorado to consider the past activities of the companies that have operated the Cyprus Eagle Mine complex over the years, as well as the disparity in power between us as landowners and those companies. By way of further example of our concerns, we are aware that in 2003 RAG International was allowed to abandon underground worn-out long wall equipment. Although RAG Intemational claims to have extracted and disposed of all hydraulic fluids associated with the abandoned equipment, to our knowledge no outside inspection of the equipment was ever performed and the equipment was allowed to be flooded by the rising water in the mine workings. We have tried, but have not been able, to confirm the proper and legal disposal of a large quantity of hydraulic fluids in 2003 by RAG International. Although the equipment was not abandoned on property for which Empire is currently seeking a release of liability, the azea where the equipment was abandoned is connected underground through the mine workings to property for which release is being sought. The amount of hydraulic fluid contained in each long wall shield, the hydraulic lines and the associated pumps is considerable, creating the potential for a major pollution problem affecting our property if the abandonment of this equipment was not handled properly. Before Empire is granted a release from liability as to our property, we believe that there should be confirmation of the proper handling of the hydraulic fluid associated with the abandonment of the long-wall equipment, and that sufficient time following dewatering activities should pass. Numerous surface openings exist on the property for which Empire is currently seeking a release of liability. A reasonable assumption is that these openings aze exploration boreholes, created by one or more of Empire's predecessors. If these surface openings were created in the early 1970s or earlier, there may have been no required procedure for sealing these openings. In more recent times, however, these exploration boreholes have been undermined by the mine workings. Today these openings create a direct connection between the surface and the abandoned mine shafts, some less than 45 feet below the surface. Although Empire denies responsibility for the creation of the boreholes, it is the underminine of these exploration boreholes that is currently creating the potential for