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environment from the adverse effects of surface coal mining operations," <br />C.R.S. § 34 -33 -102. In implementing the Act, MLRD must examine the <br />"probable consequences of the surface coal mining and reclamation <br />operations, both on and off the mine site, with respect to the hydrologic <br />regime and the quantity and quality of water in surface and groundwater <br />systems, including dissolved and suspended solids ... , " C.R.S. § 34 -33- <br />110(1)(1). Therefore. both statutes look closely to the degradation of water <br />quality caused by coal mining operations. and one cannot discern any real <br />difference in their policies in this area. [Emphasis supplied.] <br />WQCD cites United States v. Radio Corp. of America (RCA), 358 U.S. 334, <br />79 S. Ct. 457, 3 L. Ed. 354 (1959) to argue that MLRD did not have authority to bind <br />WQCD. That case is readily distinguishable. In RCA, the Federal Communications <br />Commission (FCC) had approved a television station exchange. Subsequently, the <br />Justice Department brought an antitrust action in which the exchange was at issue. <br />In response to RCA's argument that res judicata barred the Justice Department's <br />Mid - Continent Answer Brief <br />claim, the United States Supreme Court considered the extent to which Congress <br />authorized the FCC to pass on antitrust questions. The Court found that the FCC <br />did not have such authority because the enabling statute expressly provided that the <br />granting of a license by the FCC did not estop the United States from proceeding <br />against that person for unfair competition and monopolies. <br />No reservation of exclusive authority over effluent discharge violations by <br />coal mine operators is reserved to WQCD. Yet WQCD seems to believe that because <br />it can issue CDPS permits it is the ultimate authority to enforce an alleged discharge <br />violation. This belief is mistaken. <br />The CWQCA expressly requires the Water Quality Control Commission and <br />WQCD to recognize the water quality responsibilities of other state agencies, <br />including MLRD. See 11A COLO. REV. STAT. § 25 -8- 202(7) (1989 Repl. Vol.). <br />- 34 - Appeal No. 93 CA 297 <br />