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Furthermore, WQCD has expressly recognized that its authority to protect the <br />hydrologic balance overlaps with MLRD's and that the two agencies need to cooperate <br />to prevent dual enforcement. In a Memorandum of Understanding (MCR Ex. 24, <br />Record 00791 - 00793, Brief Appendix, Appendix -8), the two agencies agreed that: <br />The purpose of this Memorandum of Understanding (MOU) is to define <br />the respective responsibilities of the Mined Land Reclamation Division <br />(MLRD) of the Colorado Department of Natural Resources and the Water <br />Quality Control Division (WQCD) of the Colorado Department of Health <br />regarding coal mining activities as they impact the hydrologic balance. <br />Enforcement <br />4. If an incident occurs that is a violation of requirements to <br />meet effluent standards under the jurisdiction of both MLRD and WQDD, <br />then the two agencies will meet to coordinate enforcement proceedings <br />and eliminate dual enforcement. <br />WQCD's belief that it possesses peculiar enforcement authority is also <br />contrary to actions taken by MLRD when it suspected that an unlawful discharge had <br />come from Outfall No. 016. Anthony Waldren, Reclamation Specialist for MLRD, <br />testified that on January 26, 1989 he inspected the Dutch Creek Mine and observed <br />that when he looked down into Coal Creek he could see "black" dirty water (2 Tr. <br />Waldren, 66, 74). He proceeded to trace the source of the "black" water upstream <br />until he eventually reached Outfall No. 016. He then collected a sample, labelled its <br />time, date and discharge point, and delivered it to the laboratory at CDH for analysis <br />(id. 66 -79). <br />That the authority of MLRD and WQCD over the transaction at issue is <br />Mid - Continent Answer Brief <br />- 35 - Appeal No. 93 CA 297 <br />