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Both parties have specific and separate statutory responsibilities to review mining permit <br />applications, monitor and inspect mine sites, and take enforcement action. The parties' exercise <br />of their respective responsibilities has the potential for duplicative and conflicting actions by the <br />parties in the management of the hydrologic balance and water quantity, specifically mining <br />impacts on water rights. <br />DMG and the Mined Land Reclamation Board (MI,RB) aze empowered by the Mined Land <br />Reclamation Act, and the Construction Materials Act to ensure that disturbances to the <br />hydrologic balance aze minimized. Specifically, 34-32-116(7)(8), and 34-32.5-116(4)(h) state, <br />"Disturbances to the prevailing hydrologic balance of the affected land and of the surrounding <br />azea and to the quality and quantity of water in surface and ground water systems both during and <br />after the mining operation and during reclamation shall be minimized." According to 2CCR <br />407-1 and 2CCR 407-4 u , " <br />applicable Colorado water laws and regulations governing injury to existing water rights;... " <br />The State Engineer is empowered by the Water Right and Administration Act of 1969 and shall <br />administer, distribute, and regulate the waters of the State in accordance with the Constitution of <br />the State of Colorado, the provisions of Title 37 C.R.S. and other applicable laws. Specifically, <br />Section 37-90-137(11)(a)()) states, "No person shall, in connection with the extraction of sand <br />and gravel by open mining as defined in Section 34-32-103(9), C.R.S., expose ground water to <br />the atmosphere unless said person has obtained a well permit from the State Engineer pursuant to <br />this Section. A well pemut shall be issued upon approval by the Water Court of a plan for <br />augmentation or upon approval by the State Engineer of a plan of substitute supply." <br />Given the potentially overlapping nature of these statutory and regulatory requirements, the <br />parties agree to conduct their business in the following manner. This MOU addresses each azea <br />of responsibility sepazately. <br />Review of Permit Auplications: <br />The parties will coordinate the review of hydrologic information submitted within the scope of <br />the Minerals Program Acts, and Rules and Regulations for new applications and modifications to <br />existing permits required to address prevention of injury to water rights. The coordination_will __ <br />entail the following: <br />1. During any pre-application meetings with applicants or operators, each party will <br />advise the applicant or operator of the need to contact the other party where mining or injury to <br />water rights are indicated. <br />2. DMG will notice the SEO of any new mineral mine pemut applications and <br />modifications to existing permits where potential impacts to water resources may occur. The <br />notice will be sent to a designated person by the SEO. if the DMG receives continent back from <br />2 <br />