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Rent;Ry: IACrIRTR I+CI~d nFFTf:F; Rnd?R:~9R11 ; 4Pr•9'-n1 a:dnPAl; Papa :~/5 <br />',.~ ~i <br />Thu Cuurt convened a hearing on the '!'atums' applicaliun liar lempc~rary relief nn April 2i, <br />2001. The Roard and Basin appcattd by counsel and opposad the application. DMG Itad previously' <br />advised the Court that it did not intend to participate in the hearing on temporary relief. <br />At the hearing, the Tatums filed the certified administrative record upon which the Board <br />issued the order iu question. At the outset of the hearing, all parties present stipulated (t) that each <br />party to this proceuling ha; been nolilied of the Tatums application for temporary relief and has been <br />given an opportunity w he heard on that request and (2) that lha temporary relief requested in this <br />instance will not adversely affect the public health or safety or cause significant imminent <br />cm'ironmental harm to land, air, or water resources. 'fhe Court proceeded to hear argtunettt regardutg <br />the Court's jurisdiction of this action and whether there is a substantial likelihood that tlte'1'atums will <br />prevail on the merits of the fatal de[ermination of this case. <br />Based upon the Court's initi al review ofthe administrative record and the .trguntents ol'counsel <br />on the application for temporary relief; the Court rinds and concludes as follows: <br />1. Culu. Rev. Star. § 34.33-128 provides this Court wilt jurisdiction to review a decision <br />conccming any order or decision nfthe Roard under the Colorado Surface Coal Mining Reclamation <br />Act; not only a final order. Accordingly, the Court finds that it does have jurisdiction to entertaiu this <br />proceeding. <br />Z. Based tin the parties' stipulation, (a) all parties to this proceeding have lrccn notified <br />attd given an opportunity to be heard on the Tatunu' request fur tempurary reliefand (b) the temporary <br />-2- <br />