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III. THIS IS AN ACTION CONTESTING THE JURISDICTION OR AUTHORITY <br />OF THE BOARD BROUGHT FOR THE PURPOSE OF DELAY AND THE BOARD IS <br />ENTITLEA TO ITS COSTS AND EXPENSES, INCLUDING ATTORNEY FEES <br />In addition to being entitled to costs, expenses and attomey fees pursuant to § .4-33- <br />128(4), C.R.S., the Boazd is also entitled to such costs and attomey fees under the APA because <br />the Plaintiffs have appazently challenged the Boazd's jurisdiction and authority solely for the <br />purpose of delaying the agency process. § 24-4-106(8), C.R.S. <br />Up until March 8, 2001, the Plaintiffs were satisfied to use the agency enforcement <br />process to obtain a favorable finding against Basin that they could then use to obtain a financial <br />judgment against Basin in a later civil action. On Mazch 8, 2001, however, the Plaintiffs <br />suddenly decided that they "did not wish to waste their time or resources by proceeding as <br />parties to a fundamentally ftawed admimsuative adjudication ...." As a result of that <br />determination, and because the Plaintiffs had decided to seek relief in this Court in a civil action, <br />they decided to withdraw their complaint and request that the Division vacate the NOV without <br />prejudice. Complaint for Judicial Review, ¶ 24. In short, the Plaintiffs decided they did not like <br />the forum in which they found themselves and they decided to go elsewhere to seek their <br />fortunes. Unfortunately, they mistakenly believed that they had the right or ability to shut down <br />the agency's enforcement action. Now, the Board has reviewed the Division's vacation of the <br />NOV and has found it to be an improper exercise of authority, and the $oazd has therefore <br />reinstated the NOV and scheduled it for a hearing. <br />The Board's action on its face is rather innocuous, merely a weighing and determination <br />of the interleaved authority and jurisdiction of the Division and Board. Under most <br />circumstances it would not receive much attention from anyone but the Boazd and the Division. <br />16 <br />