Laserfiche WebLink
to the Colorado Water Quality Control Act (CWQCA), 11A COLO. REV. STAT. §§ 25 -8- <br />101 through -701 (1989 Repl. Vol.), as amended, and was the subject matter of the <br />WQCD proceeding. The other, MLRD Permit No. C -81 -017, was issued pursuant to <br />the Colorado Mined Land Reclamation Act, 14 COLO. REV. STAT. §§ 34 -32 -101 through <br />-125 (1984 Repl. Vol.), as amended, and it was enforced by MLRD under the Colorado <br />Surface Coal Mining Reclamation Act of 1979 (CSCMRA), id. §§ 34 -33 - 101 through <br />-137, as amended. <br />Both permits overlapped and spoke concurrently as to the regulation of Mid - <br />Continent's Outfall No. 016 ponds, the root of the two NoVs issued, respectively, by <br />MLRD and WQCD. <br />STATEMENT OF LEGAL ISSUES <br />PRESENTED FOR REVIEW <br />1. Whether res judicator bars the State of Colorado, acting through <br />its Water Quality Control Division (WQCD), from prosecuting <br />alleged effluent discharge violations from Outfall No. 016 when <br />the State of Colorado, acting through its Mined Land <br />Reclamation Division (MLRD), had already made adjudicatory <br />findings of fact, determined the issues, and entered into a <br />settlement agreement with Mid - Continent regarding the same <br />cause of action? <br />2. Whether the district court abused its discretion applying the <br />res judicata doctrine when the enabling legislation for WQCD <br />expressly provides for judicial review of a final order by WQCD <br />and when the elements of res judicata are all met in the <br />instant case? <br />6 The MLRD Permit, revisions and renewal appear in the record as MCR Exhibits Nos. <br />4 -A through 4 -E, Record 00252- 00413. <br />Mid - Continent Answer Brief <br />5 Appeal No. 93 CA 297 <br />