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~. ~`l~ GALE A. NORTON Attorney General SrEFImN K. ERKENBRACK Chief Deputy Attorney General 77MOTHY M. 7YAHCOVICH Solicitor General July 23, 1996 Marion E. Shaw ~II 588 Rambling Road ~~Q Grand Junction, CO 81503 RE: West End Gravel Company permit Dear Mr. Shaw: ~~- ~- ~ „~ S___ STATE SERVICES BUILDING 1525 Sherman Sveet - 5th Floor Denver, Colorado 80203 Phone (303) 866-4500 FAX (303) 866-5691 ^Gr.F-vED Jul 2 4 1986 Division ut minerals a ~eoiogy Attorney General Norton has referred your May 10, 1996, letter to me. We appreciate you bringing this matter to our attention. Our office represents the Division of Minerals and Geology, and we have requested and received the background information you have given to the Division regarding the Montrose County district court case involving your minerals rights in the land being mined by West End Gravel Company. The concerns raised in your letter regard Judge Brown's ruling in favor of West End Gravel Company and the presence of apparently erroneous information on West End's permit application. Judge Brown has issued an extensive order which sets forth your ownership rights to minerals and West End's right to mine the gravel. By statute, the authority of Division and the Mined Land Reclamation Board is limited to issuing reclamation permits to ensure that land affected by a mining operation is reclaimed. See Section 34-32-101, et sea., C.R.S. The Division and the Board have no authority to resolve property disputes or to construe deeds. Such legal matters are left exclusively to the courts. O'Connor v. Rolfes, 899 P.2d 227 (Colo. App. 1994). Since neither the Attorney General's Office nor the Board 999 #* l* STATE OF COLORADO DEPARTMENT OF LAW OFFICE OF 71ffi ATTORNEY GENERAL has any authority in regard to the court's ruling, you may want to consult with your attorney about the legal options available to you at this time.