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2~ <br />1 is no violation today because the Tatums have <br />i 2 withdrawn their citizen's complaint and so the <br />3 division is incapable of offering its own <br />4 independent view that there is a violation or as <br />5 determined as a matter of fact as Mr. Berry said in <br />6 his testimony at the March hearing, "In our <br />i <br />7 <br />opinion, this agency has no violation to pursue," <br />8 then you should vacate the NOV with prejudice and <br />9 <br />i make a finding of fact that there is no violation <br />~ 10 because that's the current view of the division. <br />11 I don't know the answer to that <br />12 question. I'd like the opportunity to ask that <br />I <br />I 13 <br />question and get an answer. Whatever answer he <br />14 gives me, your pending motion should not be carried <br />15 because you have to reach a different result. <br />~ 16 You either have to accept what you did <br />17 the first time and let us adjudicate this violation <br />18 or dismiss it with prejudice based on the finding <br />19 of fact that there's no violation. Either remedy <br />20 <br />i would be acceptable to Basin. We're happy to go <br />21 forward on either basis. <br />i 22 <br />I Simply vacating your earlier decision <br />23 and putting us back in limbo is not an acceptable <br />24 result to us, and we will look for whatever <br />~ 25 remedies we can because that's not a good place to <br />