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62 <br />1 hear this challenge is because it comes from an <br />2 opponent of the enforcement action in question. In <br />3 short, Basin is trying to set up -- to resurrect <br />4 this notice of violation as something of a straw <br />5 man that it can attack in the hopes, I suppose, <br />6 that the eventual outcome will favor Basin and will <br />7 give Basin some sort of a benefit. <br />e But that just simply isn't going to <br />9 happen because as everyone has conceded here in <br />10 argument to this point, the Tatums have a right to <br />11 pursue remedy in court. They have elected to do <br />12 so. They will file most likely this week an action <br />13 in the district court in Las Animas County seeking <br />14 damages from Basin. <br />15 A11 of this litigation will then proceed <br />16 in court . Whatever this board does will not, in my <br />17 view -- cannot affect the outcome of that <br />18 litigation. We asked for the DMG to vacate the <br />19 notice of violation so that we wouldn't be putting <br />20 this board to the task of sitting through what we <br />21 believe would have to be a multiple-day hearing on <br />22 the very same issues that we're about to try in <br />23 district court and then to reach a decision that is <br />24 really not going to finally determine or affect the <br />25 final outcome of our dispute with Basin. <br />