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<br /> <br />permitting process. Mr. Hall was never consulted by Andesite to determine the <br />type of post-mining land use on the land. <br />13. Andesite proposes to reclaim affected land as "rangeland". The <br />affected land had previously been hay meadow. The hay meadow was flat land <br />which was easily traversed by farm machinery. <br />14. Failure to reclaim the land as hay meadow will result in a <br />failure to rehabilitate the land in relation to existing conditions of natural <br />vegetation, wildlife, air, water and soil. (see Regulation 2.12(5)(d)). <br />15. Andesite has failed to satisfactorily explain its choice of a <br />reclamation plan which is inconsistant with pre-mining use as required by <br />Section 34-32-116(1)(a), CRS 1973 as amended. <br />16. Failure to reclaim the land as hay meadow will injure the <br />landowner. <br />III. WATER RIGHTS <br />17. In Exhibit E, paragraph 8 of Andesite's application, Andesite <br />states: <br />"irrigation water from the ditch and pond which bisects the upper <br />area of the revegetated land will be available for the newly seeded <br />graze (sic) land." <br />18. In Exhibit G of Andesite's application, Andesite states: <br />"The water rights to divert .9 cubic feet per second are adjudicated <br />to the landowners. Use of this water for screening aggregated was <br />granted to Andesite Rock Compay (sic) by the land owners." <br />19. Mr. Hall owns the Hall North Ditch with a decreed capacity of <br />3.65 cfs. <br />20. Mr. Hall has never granted the Hall North Ditch right, or any <br />other water right to Andesite. The right has been used by Andesite and Mr. <br />Hall considers this use as a mere tenancy at sufferance. Andesite should not <br />rely on this right for any purpose, either for miniing or reclamation without <br />express written consent of Mr. Hall. <br />21. Mr. Hall alleges on information and belief that Andesite owns <br />no water rights and is relying on water rights owned by him for Andesite's <br />operations and reclamation. <br />22. In light of the foregoing, Andesite's Exhibit G, an integral <br />part of its application, is in error, is incomplete and misleading. <br />WHEREFORE: <br />Hallyn F. Hall respectfully requests relief as follows: <br />-3- <br />