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` = FEB 24 '92 15 23 COLOR DEPT OF LAW 303-8605001 ~ P.3i3 <br />4. Furthermore, pursuant to 524-4-105(12), C.R.S. and <br />Rule 1.14, declaratory orders shall be available in order to <br />"terminate controversies or to remove uncertainties as to the ap- <br />plicability to the etitioners of any statutory provision...." <br />(emphasis ad e ) Corley seeks a declaratory order determining <br />the applicability of statutory, regulatory and permit provisions <br />to a third party, Barrison Western Corp. ("BWC"). <br />5. Finally, the Board may not determine the applicability <br />of a regulatory or statutory provision to a person not a party <br />the hearing. Although HWC has received notice of, and has at- <br />tended, the hearing, it is not a party to the hearing. Rule <br />1.14(6) specifies the parties to a proceeding under that rule. <br />That subsection authorizes, but does not require, B'WC to inter- <br />vene in the proceeding. BWC has not intervened and has not been <br />joined as a party. Therefore, the Board may not now issue an <br />order determinative of its obligations. <br />ORDER <br />The request for a declaratory order is hereby denied. <br />DATED this day of <br />1992. <br />LUKE J. DANZELSON <br />Chairman <br />Mined Land Recldmation Board <br />AG Alphd NO. NR LR ICAAC <br />AG File No. E9216915.34 <br />-2- <br />