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<br /> <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO RECEIVED <br />-------------AUG-6 7 1995------------------------ <br />DECLARATORY ORDER <br />_____________________Division of Minerals & Geofogk_______________ <br />IN THE MATTER OF HOMESTAKE MINING COMPANY <br />PERMIT NO. M-77-215 <br />Order: <br />THIS MATTER having come before the Mined Land Reclamation <br />Board ("Board") on July 26, 1995, for a hearing pursuant to section <br />24-4-105, C.R.S. and 2 CCR 407-1, Rule 2.5, on Homestake Mining <br />Company's Petition for Declaratory Order, the Board hereby enters <br />the following Findings of Fact, Conclusions of Law, and Declaratory <br />FINDINGS OF FACT AND CONCLUSION3 OF LAW <br />1. In 1989, the Colorado General Assembly amended section 25- <br />8-202, C.R.S. and clarified that the Division of Minerals and <br />Geology ("Division") is an implementing agency under the Colorado <br />Water Quality Control Act. The legislature provided that the Water <br />Quality Control Commission shall adopt water quality standards and <br />classifications which shall be implemented by the implementing <br />agencies through their own programs. Section 25-8-202(7)(a), <br />C.R.S. <br />The legislature further provided that implementing agencies <br />shall adopt points of compliance through rule-making for state <br />waters other than surface water so as to protect present and future <br />beneficial uses of water. Section 25-8-202(7)(a), C.R.S. <br />2. Pursuant to its authority under the Colorado Water Quality <br />Control Act and under the Mined Land Reclamation Act, the Board in <br />1993 promulgated rules governing standards and conditions <br />applicable to classified and unclassified groundwater. See <br />generally 2 CCR 407-1, Rule 3.1.7. These rules set forth a <br />procedure to impose permit conditions for new and existing permits <br />regarding protection of groundwater, including the authority of the <br />Division to require an operator to submit necessary information. <br />2 CCR 407-1, Rule 3.1.7(3)(b)(ii)(A). <br />In addition, Rule 3.1.7(8), specifies that prior to release <br />from reclamation liability, an operator shall demonstrate, to the <br />satisfaction of the Division, that reclamation has been achieved so <br />that existing and reasonably potential future uses of groundwater <br />~., .~ G <br />