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MLRB <br />9/05/06 <br />Page 2 <br />parties become co-tenants with the Applicant. By statute, each co-tenant can mine the property <br />subject to certain requirements including the obligation to account to the other co-tenants. § 34- <br />44-103, C.R.S. Accordingly, the Division believes the Applicant has demonstrated its legal right <br />to enter. However, the Division recommends that as a condition fo the permit issuance, the <br />Applicant be required to notify the Division within 48 hours of any legal ruling or agreement <br />related to its legal right to enter. <br />Sincerely, <br />David Berry <br />Acting Director, Office of Mined Land Reclamtion <br />cc: Harvey W. Curtis <br />Joseph G. Middleton <br />Cheryl Linden and Tanya Light, AGO <br />AG File: DOCUMEM2 <br />