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Therefore, the CWCB respectfully requests this Court to deny the requests of the <br />Applicant to force this Board to conduct its proceedings contrary to the Supreme Court <br />decision in Gunnison and contrary to the doctrine of separation of powers. <br />Respectfully submitted this 31 st day of May, 2005. <br />JOHN W. SUTHERS <br />Attorney General <br />E-filed pursuant to C.R.C.P. 121. Duly signed original on file at <br />the Office of the Attorney General. <br />/S/ <br />SUSAN J. SCHNEIDER, #19961 <br />Natural Resources and Environment Section <br />Attorneys for CWCB <br />3