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~usan L. McIntosh, P. <br />Post Office Box 1019, Ouray, Colorado 81427 <br />970.318.72151elephone/970.325.9844 facsimile <br />smci niosh C~montfose. ne} <br />January 8, 2004 <br />:G4N 0 9 ZiD04 <br />Tyson Powell, Esq. <br />State of Colorado Department of Law ®ii• ' <br />Office of the Attorney General 'r <br />1525 Sherman St. 5fh Floor <br />Denver, CO 80203 <br />Re: In the Matter of the Application of <br />Haldorson and Sons, Inc. <br />MLRB File No. M-2003-037 <br />Dear Tyson: <br />Thank you for taking the time to talk with me today about procedural matters <br />relating to the Haldorson Petition for Reconsideration in the above referenced <br />case. Today I represented to you that l did intend to file a response and <br />objection to the Haldorson Petition. I indicated that my objections are factual, <br />legal and technical jhydrology) and both procedural and substantive. We <br />agreed that while I will have an opportunity to object to the Petition and to its <br />substance, the time for doing so is, at this moment, premature. I understand that <br />the State and the Board in particular still need to consider and determine their <br />own position on the appropriate process to follow in this situation. <br />Accordingly, I will not file a written response to the Haldorson Petition until the <br />State determines what its process will be, and whether that process will be a two <br />stage inquiry, with a threshold determination of the appropriateness of the <br />Board's consideration of the Petition. I expect to hear back from you or one of <br />your colleagues regarding the Board's determinations in this regard. You <br />indicated to me that such Contact may not occur until after the MLRB January <br />hearing this month. I have no objection to waiting to file a response, and I agree <br />with you that doing so is the most efficient path at this point. Nevertheless, I want <br />to make certain that I do not prejudice my clients' right and opportunity to <br />communicate their objections to the Board prior to any decision the board may <br />make specifically regarding the Haldorson Petition. I appreciate you assurances <br />that no prejudice will occur as the result of delay until the Board determines its <br />preferred procedure. <br />