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Court granted the Tatums' request for temporary relief, finding that they had a subst <br />likelihood of prevailing on the issues related to the authority of the Divi ' antial <br />NOV, and the standing of Basin Resources to challenge the Division's vacation tvacate the <br />of NOV. On April 27, 2001, the District Court issued its written order granting the the <br />request for temporary relief. g e Tatums' <br />i <br />7. On May 1, 2601, the Board filed a Motion to Stay and Re uest <br />Reconsider Board Order with the District Court. In its motion, he Board asserte <br />d to <br />"the interests ;of justice and economy of State resources would best be served b that <br />reconsideration of the April 10, 2001, order which led to this [judicial review) action." <br />8. On May 2, 20b1, the District Court issued an order staying the Tatums' 'udicia <br />action. The District Court also stated in its order that "The Board's April 10, 2001, review <br />is remanded to the Board's jurisdiction for the purpose of reconsideration." ' O1, order <br />The Board has the authority to reconsider the April Order based on the followin : a <br />pursuant to § 3,4-33-128(2), C.R.S., he District Court may "remand the proceedin s t <br />the board for such further action as it ma direc g ° <br />April Order to the Board "for the y and b) the District Court remanded the <br />purpose of reconsideration." <br />10. Upon consideration of the April Order and in light of the findings <br />of the istrict Co <br />its grant of temporary relief to the Tatums, the Board finds that he Div sion had hem in <br />authority to vacate the NOV without prejudice in this case. <br />11. Upon consideration of the April Order and. in light its grant of temporary relief to the Tatums, the Board of the findings of the finds that Basin Resources dos in <br />have standing to challenge the Division's vacation of the NOV because it has not s ho harm. ho wn <br />ORDER <br />i <br />WHEREFORE, based on the above Findings of Fact and Conclusions of Law, t <br />orders that: he Board <br />• The Board's order of April 10, 2001, issued in this matter is hereby vacated; and <br />• Notice of Violation No. CV-2000-009 is hereby vacated without prejudice. <br />Effective this -ZI day of June, 2001 <br />FOR THE MINED LAND RECLAMATION BOARD <br />By: <br />4HJa mi ,Chairman