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<br />Booker v. Pained Land Reclamation, et al. <br />Case No. <br />Page 4 <br />the Colorado Supreme Court in Cherokee [dater District v. State, <br />196 Colo. 192, 585 P.2d 586 (1978). <br />14. Neither the above-described final permits r.or the <br />August 13, 1976 Findings of Fact, Conclusicr.s, and Order of the <br />Commission currently authorize Goss to make either mining, <br />reclamation, or recreational beneficial uses of the designated <br />ground water rights covered thereby. <br />15. Section 37-90-111(1)(8), C.R.S., enables Goss to <br />seek the Commission's authorization of a charge of type of use of <br />his ar.istinq water rights so as to permit their use in his <br />proposed mining operation and reclamation program. Such a chance <br />can be approved by the Commissicr. "only upon such terms ar.cl <br />conditions as will not cause material injury to the vested rights <br />of other appropriators." § 37-9C-111(1)(8), C.R.S. <br />1G. As of November 25, 1985, the date of the Board's <br />approval of the Goss Application, Goss had not obtained the <br />authorization of, or made application to, the Commission for a <br />change of type of use of his existing water rights. <br />17. Section 34-32-115(4)(8), C.R.S., provides that the <br />Board shall not deny a permit except for, inter clad, the reason <br />that "the proposed mining operation and reclamation could not be <br />carried cut in conformance with the requirements of Section <br />34-32-116." See also, Rules and Regulations for h'ir.ing of All <br />Minerals Other Than Coal, 2 CCR 407-1, Rule 1.56(8). <br />18. Section 34-32-116(1)(h), C.R.S., provides that the <br />following requirement, inter clad, must be met by the operator of <br />a permitted mining operation: <br />Disturbances to the prevailiny h}•drologic <br />balance of the affected land and of the <br />surrounding area and to the quality ar.d <br />quantity of water in surface and ground caater <br />systems both during and after the mining <br />operation and during reclamation shall be <br />minimized. <br />19. Rule 6.2.a.1. of the Rules and Reyulatior.s for <br />Mining of All Minerals Other Than Coal, 2 CCR 407-1, provides: <br />Hydrology and I4ater Quality: Disturbances to <br />the prevailing hydrologic balance of the <br />