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UNDERSTANDING <br />Both parties have specific and separate statutory responsibilities to review mining permit <br />applications, monitor and inspect mine sites, and take enforcement action. The parties' <br />exercise of their respective responsibilities has the potential for duplicative and <br />conflicting actions by the parties in the management of the hydrologic balance and water <br />quantity, specifically mining impacts on water rights. <br />DMG and the Mined Land Reclamation Board (1vII.,RB) are empowered by the Mined <br />Land Reclamation Act, and the Construction Materials Act to ensure that disturbances to <br />the hydrologic balance are min;m;zed. Specifically, 3432-116(7)(g), and 3432.5- <br />116(4}(h) state, "Disturbances to the prevailing hydrologic balance of the affected land <br />and of the surrounding area and to the quality and quantity of water in surface and ground <br />water systems both during and after the mining operation and during reclamation shall be <br />m;n;m;~ed: ' According to 2CCR 407-1, and 2CCR 407-4, Subsection 3.1.6(1}(a) <br />m;,,ir<,i~.ation means "compliance with applicable Colorado water laws and regulations <br />governing injury to existing water rights;... " <br />The State Engineer is empowered by the Water Right and Administration Act of 1969 and <br />shall administer, distribute, and regulate the waters of the State in accordance with the <br />Constitution of the State of Colorado, the provisions of Title 37 C.RS. and other <br />applicable laws. Specifically, Section 37-90-137(11)(a)(n states, `No person shall, in <br />connection with the exffaction of sand and gravel by open mining as defined in Section <br />3432-103(9), C.R.S., expose ground water to the atmosphere unless said person has <br />obtained a well permit from the State Engineer pursuant to this Section. A well permit <br />shall be issued upon approval by the Water Court of a plan for augmentation or upon <br />approval by the State En~rteer of a plan of substitute supply: ' <br />Given the potentially overlapping nature of these statutory and revelatory requirements, <br />the parties agree to conduct their business in the following manner. This MOU addresses <br />each area of responsibility separately. <br />Review of Permit Applications: <br />The parties will coordinate the review of hydrologic information submitted within the <br />scope of the Minerals Proeram Acts, and Rules and Regulations for new applications and <br /> <br />• <br />