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extent possible using the best technology currently available, additional contributions <br />of suspended solids to streamflow, or runoff outside the permit area, but in no event <br />shall contributions be in excess of requirements set by applicable State or Federal <br />law[.]" Id. § 1265(b)(10)(B)(i). <br />This major concern to protect the hydrologic balance both on and off a mine <br />site is reflected in the Colorado Surface Coal Mining Reclamation Act in the following <br />language: <br />34 -33 -110. Application for permit. (1) Any person desiring to <br />obtain a permit to perform surface coal mining and reclamation operations <br />shall make [a] written application ... . <br />(2) The permit application shall include the following. <br />(1) A determination of the probable hydrologic consequences of <br />the surface coal mining and reclamation operations, both on and off' <br />the mine site, with respect to the hydrologic regime and quantity <br />and quality of water in surface and groundwater systems, including <br />the dissolved and suspended solids under seasonal flow conditions <br />and the collection of sufficient data for the mine site and <br />surrounding areas, so that an assessment can be made by the <br />division of the probable cumulative impacts of all anticipated <br />mining in the area upon the hydrology of the area and particularly <br />upon water availability[.] [Emphasis supplied.] <br />The Colorado Surface Coal Mining Reclamation Act, id. §§ 34 -33- 103(7) and <br />-123, made MLRD of the Colorado Department of Natural Resources, functioning in <br />connection with the Mined Land Reclamation Board, id. § 34 -32 -105, the enforcement <br />agency for that Act. <br />Like MLRD, WQCD's statutory authority to preserve the hydrological balance <br />by a permit process is derived ultimately from predicating federal legislation. <br />Mid - Continent Answer Brief <br />- 27 - Appeal No. 93 CA 297 <br />