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general assembly has granted MLRD the responsibility to determine the (14 COLO. <br />REV. STAT. § 34 -33- 110(2)(1) (1984 Repl. Vol.)): <br />EPlrobable hydrologic consequences of the surface coal mining operations <br />and reclamation operations, both on and off the mine site, with respect to <br />the hydrologic regime and quantity and quality of water in surface and <br />groundwater systems, including the dissolved and suspended solids under <br />seasonal flow conditions[.]" [Emphasis supplied.] <br />and mandates that, id. § - 114(2Xc): <br />(2) No application for a permit or for a revision of an existing permit <br />shall be approved unless the application affirmatively demonstrates and <br />the division or board finds in writing . . . that: <br />(c) The assessment of the probable cumulative impact of all <br />anticipated mining in the area on the hydrologic balance specified in <br />section 34- 33- 110(2X1) has been made by the division and the <br />proposed operation thereof has been designed to prevent material <br />damage to hydrologic balance outside the permit area[.] [Emphasis <br />supplied] <br />11A COLO. REV. STAT. § 25- 8- 202(7)(d) (1989 Repl. Vol.) states that it "is <br />intended to restate and clarify existing law and to provide a procedure for <br />coordination between state agencies which have responsibilities to implement water <br />quality protection of state waters." [Emphasis supplied.] We submit a fair reading <br />of this suggests that the general assembly did not intend "to grant additional <br />jurisdiction to any agency or to curtail the jurisdiction of any agency to fulfill its <br />statutory responsibilities[.]" Id. While the legislature made WQCD the exclusive <br />agency to issue and enforce point - source discharge permits, it clearly has not made <br />WQCD the exclusive agency to regulate all discharges into Colorado's waters, <br />particularly in the realm of coal- mine - specific legislation. By recognizing the state <br />agencies' need to coordinate their activities in implementing water quality protection, <br />Mid - Continent Answer Brief <br />- 43 - Appeal No. 93 CA 297 <br />