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Its effect on the Plaintiffs, however, is to put them in the position of having to accept an agency <br />determination on the NOV that they aze no longer confident will be in their favor. If the Boazd <br />determines that Basin did not commit a violation at the conclusion of the NOV hearing on April <br />25, 2001, it would hurt [he Plaintiffs civil action before this Court. Because of the perceived <br />threat to [heir civil action, the Plaintiffs now view the result of the Boazd's legitimate statutory <br />interpretation exercise as a thorn in their sides. As a result, they appazently saw no choice but to <br />file a case for judicial review in order to delay the agency proceeding long enough to seek relief <br />in their civil action. Abtue of the time and resources of the Board and this Court in that fashion <br />is not permitted, and the Plaintiffs should be ordered to reimburse the Boazd for its costs, <br />expenses, and attomey fees incurred in defending this action. § 24-4-106(8), C.R.S. ("If the <br />court finds that any proceeding contesting the jurisdiction or authority of the agency is frivolous <br />or brought for the purpose of delay, it shall assess against the plaintiff in such proceeding costs <br />and a reasonable sum for attorney fees ...incurred by other parties, including the state."). <br />WHEREFORE, the Board moves the Court for an order dismissing the Plaintiffs' <br />Complaint for Judicial Review and denying the Plaintiffs' Application for Temporary Relief. <br />The Board further requests that the Court order the Plaintiffs to pay the Boazd's costs, expenses, <br />and attome~ fe?s incurred in defending againsr this action. <br />DATED this ~~ day of April, 2001. <br />KEN SALAZAR <br />Atto//mey Gener/al/ /I <br />/~i%//a/il./ <br />P.`MARK HELD, 28987' <br />l7 <br />