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Plaintiffs, by and through undersigned counsel, submit the following <br />Opening Brief in support of their Complaint in this action. <br />I. FACTUAL BACKGROUND <br />This action is an appeal of final administrative action pursuant to C.R.S. <br />§24 -33- 119(9) and § 34 -33 -128 of the Colorado Surface Coal Mining Reclamation <br />Act ( SCMRA). Plaintiffs Frank Morgan, Mary Lou Morgan, Michael Morgan, and <br />JoEllen Turner (Morgans) appeal the decision of Defendant Colorado Mined Land <br />Reclamation Board (Board) which approved Permit Revision Number 6 (PR6) of a <br />surface coal mine permit issued by Defendant Colorado Division of Reclamation, <br />Mining & Safety (DRMS) to Defendant Western Fuels Colorado, LLC (WFC). <br />Plaintiffs challenged the approval of PR6 pro -se before the Board, and now request <br />that this Court overturn that decision as being contrary to SCMRA and its <br />regulations. <br />Frank and Mary Lou Morgan are farmers who own approximately 400 acres <br />of farmland west of Nucla, Colorado. Michael Morgan and JoEllen Turner are, <br />respectively, the son and daughter -in -law of the elder Morgans. For over 50 years <br />the Morgan family has grown corn, wheat, oats, and alfalfa on their property, <br />which is irrigated via the Colorado Cooperative Ditch. <br />