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5. On November 14, 2024, the Board, through a prehearing officer, <br /> conducted a prehearing conference. The prehearing officer issued a draft <br /> prehearing order. Among other things, the draft prehearing order stated that the <br /> objections submitted had failed to identify any jurisdictional issues to be presented <br /> to the Board. <br /> 6. Two objectors retained party status by attending the November 14, <br /> 2024, prehearing conference. <br /> 7. At the hearing, the Division presented information about the <br /> Application, the mining plan, and the application process, including that no <br /> jurisdictional issues had been raised by any of the objectors. <br /> 8. No objectors attended the hearing to retain party status or present <br /> arguments to the Board. <br /> CONCLUSIONS OF LAW <br /> 9. The Board has jurisdiction over Applicant and this matter pursuant to <br /> the Act. <br /> 10. Under section 34-32.5-115(4), C.R.S., "the applicant must comply with <br /> the requirements of this article and section 24-4-105(7), C.R.S." <br /> 11. Under Rule 1.4.1(10), the Applicant "has the burden of demonstrating <br /> that the application meets the minimum requirements of the Act, Rules, and <br /> Regulations." <br /> 12. Under Rule 2.8.1(1) and section 24-4-105(7), C.R.S., "the proponent of <br /> an order shall have the burden of proof." As the party initiating this matter by <br /> filing the Application, the Applicant was the "proponent of an order" at the hearing <br /> and, therefore, has the burden to prove that the Application is consistent with <br /> applicable laws and rules, and should be approved by the Board. <br /> 13. Under the Act, the Division and the Board shall grant a permit to an <br /> applicant who complies with section 34-32.5-115(4), C.R.S. The Application <br /> complies with section 34-32.5-115(4), C.R.S. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board <br /> hereby approves the Application. <br /> DONE AND ORDERED this_13 day of March 2025. <br /> Central Colorado Water Conservancy District <br /> Sweet Valley Pit/M-2024-015 2 <br />