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4. The Board reconsidered its April 10, 2001, order on May 23, 2001. As a result <br />of the reconsideration hearing, the Boazd vacated the April 10, 2001, order, and entered a <br />new order, issued June 11, 2001. In its June 11, 2001, order, the Boazd found that "the <br />Division had the authority to vacate the NOV without prejudice in this case ..." and that <br />"Basin Resources does not have standing to challenge the Division's vacation of the NOV <br />because it has not shown harm." See Board Order In the Matter of Basin Resources, Inc., <br />Notice of Violation No. CV-2000-009, Reconsideration of the Board's April 10, 2001 Order <br />on Remand from the District Courl, Las Animas County, June 11, 2001 (attached hereto as <br />Exhibit B). <br />Because the Boazd has reconsidered its April 10, 2001, order as directed by the <br />Court, it is appropriate for the Court to re-assume jurisdiction over that order, as well as its <br />replacement, the June 11, 2001, order attached hereto. <br />WHEREFORE, the Board respectfully requests that this Court re-assume jurisdiction <br />over the above-captioned judicial review action, and that the Court accept the new Boazd <br />order in the agency action below, dated June 11, 2001, and attached hereto. A draft order is <br />enclosed for the Court's convenience. <br />DATED this ~~ day of July, 2001. <br />KENSALAZAR <br />Attorney neral <br />P. LD, 28987* <br />Assistant Attorney General <br />