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Members of the Mined Land Reclamation Board Page 4 The section of the MLRA which provides for the payment of annual fees is section 34-32-127(2)(a)(2)(IV), C.R.S. (1995 Supp.), which establishes a schedule for the payment of such fees. The part of that schedule which established annual fees for section 111 permits has been superseded by the new Construction Materials Act, 34-32.5- 125, which has established the following amounts for section 111 operations: (1) Fees shall be collected by the office according to the following schedule: *** (III) Section 34-32.5-111 ...............$625 No exception is established in subsection 34-32-127(2), C.R.S. for the payment of such annual fees by governmental subdivisions, including counties. The only exception is for application fees as established in § 34-32-111(7). 4 Because no exception exists for the statutory requirement to pay annual fees by section 111 operators in subsection 34-32-127(1)(b), subsection 34-32-111(7) or any other section of the MLRA for governmental subdivisions, including counties, it is clear that these entities are statutorily required to pay such annual fees by the MLRA. Moreover, the new Construction Materials Act does not alter this requirement for the payment of annual fees by counties which are section 111 operators. The Act by its terms applies to all existing and future permits, so that the annual fees required by 34-32.5-125, C.R.S. applies to existing section 111 permits, including counties. See § 34-32.5-109, C.R.S. (1995 Repl.) The opinion accompanying the Counties' letter also argues that "counties are 'government subdivisions' within the meaning of CRS 34-32-111(7)..." The memorandum quotes from Romer v. Board of County Commissioners Weld County, 19 Brief Times Reporter 942 (Colo. 1995) to support its conclusion that counties, as subdivis- ions of the State are "entitled to exemption from the fee and warranty expenses otherwise applicable to mine operators, under the terms of CRS 34-32.5-111." Weld County reaffirms the well-settled principle that counties are subdivisions of the State. See, e•a•, Board of County Commis v. Love, 470 P.2d 861, 862 (Colo. 1970). As political subdivisions of the State, the Counties are correct in concluding that they are exempt from the fee and warranty provisions otherwise applicable to them but waived in § 34-32-111(7). As discussed above, however, the waivers in § 34-32-111(7) and § 34-32.5-111(6) apply only to application fees and financial warranties, not to annual fees. -- ---- ------------------------------------------ 4 As explained above, the waiver of application fees in both § 34-32-111(7) and 34-32.5-111(6), C.R.S., extends to governmental subdivisions, including counties, which are constructing public roads.