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TO~DMG MRY 5. 1994 5~17PM 11817 P.B3 <br />FROM natural ~~-~- <br />\~ <br />e. On Maroh 16, 1994, the blvlsion received a written tnqupt ftWU a teprtrsntaUve Of Raton <br />Wet for a formal puhtic Maring. The ttqueat wu teceivtd during the associated public <br />aanmtnt period In a timely tnanne(, <br />The Division eohadulod a formal public h'oarirtt for April 2g, 1944. All fatties that had <br />submitteJ ootomeote wen ptgtraly notified. 'lltopnbllc ootlx annvunciog the hraring was <br />publitlhed on April 4, 1944. <br />g- 'lire five lssoea cvntalned in the Match Ili, 1994 triter from Raton Wert ware: <br />(1} Conewction of pew roads (Qr the putposea of aooess to pxplosatloa <br />drill situ mould cause lrtepatabie Ja~oage and unoccuraty anvlton- <br />mental 4tum; <br />(1) Rather than building new roads, caieting subdivision reds shtxihl be <br />used; <br />(3) Dri11 hole sites should be relocated from the proposed locations, so <br />that across b those sites oottld bo accomplished via existing tools; <br />(4) 1hW holes that ate located on Raton Wet property should be <br />troclaimcd ttpcm wmpltxion of clrif]ing; and <br />(S) Basin does not. Law the right b otter Rama West ptopeRy to areas <br />drill sites that are located On adjaceatt proptvty. <br />h. With regard b issues 1 tlnvugh 4, the Division was s'Wtiied wtt6 the p~uposod plane for <br />mutimising surface disntttances and for rec)aimine drill hots~ <br />alSO <br />i. Iran 5 was not within the jurit-liction of (he Dinsi or the ltoud to conxidcr. The <br />D)rlsion stated that the operator had complied witl Rtde 2.03.6(1) by ldcatUying and <br />describing its tight-of-entry dowttN;tda. 7]10 Di ~ stated thu Rub 2.03.6(3) and Secdon <br />34-33-110(2)(j) of the Act, tptevent the Board or .Dirlaion from at$udicatiag <br />property rights dltputes. . <br />2. Rash pfteented evidence and/or teairoony that: <br />a. Raton roost had stated rhat it would ad allow Basta aetxae actors lot 3C/14 to order to drill <br />wploradan hole NM•Z5, looted on a differwt parcel of lend. Baaln aryned that lot 3CJ14 <br />was no longer ownatl by Ratoa West end dW1 Raton Wat had no right to speak fp[ the <br />owners of lot 3C/14. t ,`I, 1 ~~ ~~ <br />b. Although Basin was wilting to relopta drill hoes whore neccaeory to mioin etrvLottmcn- ~ ) <br />rat dunsEe, it had the tight w entK and the fight to driU.whettsVet It ctto B uteri a~ <br />that it was wUllng to work with the Board and Dirislou va eovitatmoapl wrs t that AS <br />property rights irsuw belonged in civil court and were caul matters for the rnttsldet ,~ <br />with regard to the Lirieion's pnsaxd derision segardiog 7echuiCSt1 Keviai TR•28. C~ Q <br />a_,W' <br />