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<br />2. The State of Colorado Division of Minerals and Geology did not <br />participate in the District Court proceedings, as it was voluntarily dismissed by <br />Plaintiffs below pursuant to C.R.C.P. 41(a)(1) in a Notice dated March 20, 2006. <br />3. Appellants intended to name as Appellees only the State of Colorado <br />Mined Land Reclamation Board and Clear Creek District Water Providers, L.L.C. <br />4. The State of Colorado Division of Minerals and Geology has not filed <br />any pleadings in this matter. <br />5. Counsel for Appellants has conferred with counsel for the State of <br />Colorado Division of Minerals and Geology on the matter and has explained this <br />mistake. <br />6. Counsel for the State of Colorado Division of Minerals and Geology <br />has requested to be removed. <br />WHEREFORE, Appellants seek to correct their error by removing the State <br />of Colorado Division of Minerals and Geology as a party. <br />Respectfully submitted this day of February, 2007. <br />HAVES, PHILLIPS, HOFFMANN <br />& CARBERRY, P.C. <br />Corey Y. Hoffmann <br />Hilary Mogue Graham <br />3 <br />