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Objector's Motion to Dismiss Permit Application <br />Permit Application No. M-2005-080 <br />Page 2 of 4 <br />Objector, Kent Rolf is "fully authorized and empowered to deal with the Reserved Interests in any <br />manner necessary to protect Cargill's interests and/or prove up Cargill's ownership of Reserved <br />Interests including, but not limited to, filing and prosecuting quiet title actions on Cargill's behalf <br />and in Cargill's name." <br />2. On August 8, 2006, Neighbors and Robert Cargill, individually and as Trustee of the Cargill <br />Family Trust, filed a Complaint to Quiet Title to One-Half of the Oil, Gas, and Other Mineral <br />Interests in Real Property under Rule 105, Case No. 06-CV-214, in District Court in Park County, <br />Colorado, against Jack R. Allen, and others. By this complaint (Exhibit C attached hereto), Mr. <br />Cargill and Neighbors seek a decree determining that Mr. Robert Cargill "is the owner in fee simple <br />and is entitled to possession of one-half of all the oil, gas, and other minerals, including sand and <br />gravel, in the real property...and Neighbors is the owner in fee simple and is entitled to possession <br />with respect to one-half of all the oil, gas, and other minerals, including sand and gravel, in the real <br />property...". <br />The Board cammot determine ownership to minerals. The Mined Land Reclamation Act, <br />C.R.S. § 34-32-101, et seq., does not "purport to grant the Reclamation Board jurisdiction to <br />construe deeds or to determine ownership of mineral estates. Such legal matters lie exclusively <br />within the province of the courts." O'Connor v. Rolfes, 899 P.2d 227, 229 (Colo. App. 1995). This <br />application should be dismissed pending the outcome of the quiet title action in Park County. <br />