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7 ~ • <br />Booker v. Mined Land Reclamation, et al. <br />Case No. <br />Page 2 <br />(b) Guyer Ranch: t?~ and SEy of Section 1, T13S, <br />R63S9 of the 6th P.D1., E1 Paso County, <br />Colorado, comprising 480 acres, more or less. <br />The Guyer Ranch lies immediately upgradient of the Goss Property <br />in the same alluvial system and the Booker Sod Farm lies immedi- <br />ately downgradient of the Goss Property in the same alluvial <br />system. <br />3. The Bookers are the sole owners, as joint tenants, <br />of numerous ground water rights associated with and utilized on <br />the Guyer Ranch and the Booker Sod Farm. <br />4. On September 27, 1985, Goss filed an Application <br />for a Mining and Reclamation Permit ("Goss Application") with the <br />Board pursuant to § 34-32-101, et sue., C.R.S., seeking author- <br />ization from the Board to excavate ar.d operate an open pit on the <br />Goss Property for *_he purpose of sand ar.d Gravel removal and <br />sale. A copy of that application is attached hereto as Appendix <br />A and incorporated herein by this reference. <br />5. On November 12, 1985, the Bookers filed a timely <br />Protest and Petition for Hearing with the Board pursuant to <br />§ 34-32-114, C.R.S. A copy of that Protest and Petition for <br />Hearing is attached hereto as Appendix B and incorporated herein <br />by this reference. The Bookers requested a hearing on the Goss <br />Application for the purpose of presenting evidence to the Board <br />concerning the effect of the proposed mining and reclamation <br />activities on the prevailing hydrologic balance of the area <br />surrounding the Goss Property and on the quality and quantity cf <br />water in the surface and ground water systems in that area. <br />6. On November 25, 1985, the Board denied the <br />Bookers' request for hearir_g on the ground that the issues raised <br />by the Bookers would be resolved in the Division of Water <br />Resources. Immediately thereafter on the same date, November 25, <br />1985, the Board approved the Gess Application and instructed its <br />staff to issue the requested permit upon receipt of the required <br />performance and financial coarranties. See copy of November 25, <br />1985 letter from Camille M. Farrell, Reclamation Specialist, <br />Mined Land Reclamation Division, to Goss, attached hereto as <br />Appendix C and incorporated herein by this reference. <br />7. Goss stated in his application that he intends to <br />expose 8.0 acres of alluvial around water to atmospheric evapora- <br />tion during the period of mining and subsequently to devote said <br />