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Class: s _-_____----- Type-Se.,,.:----- <br />From: r~,.~~q 'i c. <br />Doc. Name-- - --- _` ~-- -~(f,~l <br />~DOC._Date (if no ate stamp): / OS' ___ <br />BEFORE THE MINED LAND RECLAMATION BOARD, RECE! VED <br />COLORADO DIVISION OF MINERALS AND GEOLOGY, <br />DEPARTMENT OF NATURAL RESOURCES DEC ~ ~ ZOOS <br />Board Address: 1313 Sherman Street, Room 318 Division sf Miaarats and f;eatagy <br />Denver, Colorado 80203 <br />Applicant: CLEAR CREEK DISTRICT WATER <br />PROVIDERS, LLC <br />Objector: BLACK HAWK GAMING ASSOCIATION, <br />County of Gilpin, State of Colorado Permit Application No.: <br /> M-2004-067 <br />Attorneys for Black Hawk Gaming Association: <br />Norman F. Kron <br />Lisa K. Mayers <br />Grimshaw & Harring, P.C. <br />1700 Lincoln Street, Suite 3800 <br />Denver, Colorado 80203 <br />Phone Number: (303) 839-3800 <br />FAX Number: (303) 839-3838 <br />E-mail: rickkron@grimshawharring.com <br />lmayers@grimshawhan•ing.com <br />Atty. Re . #: 16930, 23335 <br /> <br />BLACK HAWK GAMING ASSOCIATION'S RESPONSE TO APPLICANT CLEAR <br />CREEK DISTRICT WATER PROVIDERS' MOTION TO DENY PARTY STATUS <br />AND TO STRIKE PARTICULAR OBJECTIONS, WITNESSES AND EXHIBITS <br />The Black Hawk Gaming Association through counsel Grimshaw & Harring, P.C., submits <br />the following as its Response to Applicant Clear Creek District Water Providers' Motion to Deny <br />Party Status and to Strike Particulaz Objections, Witnesses and Exhibits: <br />1. The Applicant has challenged the party status ofthe Black Hawk Gaming Association <br />("BHGA") on the basis that the BHGA did not appeaz at the November 21, 2005 Pre-hearing <br />Conference. The BHGA did in fact appear, through counsel Norman F. Kron, as reflected in the <br />transcript of the Pre-Hearing Conference which an excerpted of which is attached hereto as Exhibit <br />A. <br />2. The BHGA timely filed an objection and petition for heazing in response to the <br />application. This objection is contained in the Office files. A copy is also attached hereto as Exhibit <br />B. <br />3. The BHGA continues to maintain its objection as previously filed. <br />WHEREFORE, the BHGA requests that the Applicant's motion to deny party status on the <br />