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<br />. <br /> <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br /> <br />. <br /> <br />. <br /> <br />/ <br /> <br />13 <br /> <br />hear the motions for dismissal? <br /> <br />MR. MONTGOMERY: Well, my understanding is that <br />a motion to dismiss was filed by the federal defendants <br /> <br />yesterday. <br /> <br />VOICE: I got a copy yesterday. <br /> <br /> <br />MR. MONTGO~1ERY: And the plaintiffs have two weeks <br /> <br /> <br />to respond to that motion to dismiss. <br /> <br /> <br />MR. McDONALD: So that is procedurally where the <br /> <br />matter stands. Monte Pascoe has asked me in his absence <br /> <br />and incidentally he's got a conflict with Water Quality <br /> <br />Control -- has asked me to advise the Board that it is his <br /> <br /> <br />opinion, depending on the outcome of the motions for <br /> <br /> <br />dismissal and the depositions which have been taken of the <br /> <br /> <br />federal defendants, it is probable that the Department of <br /> <br /> <br />Natural Resources, and presumably the Department of Health, <br />at least, would seek intervention. <br /> <br />The question has not been carried to the Governor <br /> <br /> <br />with respect to whether or not the Governor should <br /> <br /> <br />instruct the Attorney General to intervene in behalf of the <br /> <br /> <br />State of Colorado. It would be my suggestion to the Board, <br /> <br />if the Board wants to adopt the position -- and I have a <br />resolution to offer in that regard if it's thought appropriat <br /> <br />that the Board urge the Governor to direct the Attorney <br /> <br />General to intervene on behalf of the State rather than havin <br /> <br />the Board in its independent capacity and a lot of other <br />