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TABLE OF CONTENTS <br />ISSUES ON APPEAL 2 <br />STATEMENT OF THE CASE 2 <br />I. Parties 2 <br />A. Mined Land Reclamation Board 2 <br />B. Division of Reclamation, Mining and Safety 3 <br />C. Cotter Corporation (N.S.L.) 4 <br />II. Nature of the Case 4 <br />III. Course of Proceedings and Disposition in the Agency 5 <br />PREFACE 7 <br />STATEMENT OF FACTS 9 <br />Regulatory Background 9 <br />Water Users Statements 21 <br />Board Deliberations 32 <br />Cotter's Petition for Reconsideration 35 <br />SUMMARY OF THE ARGUMENT 36 <br />ARGUMENT 36 <br />I. Standard of Review 36 <br />II. The Board Made its Decision Based on Substantial Evidence and <br />Considered all Factors Required by the Act. 37 <br />A. Substantial evidence supports the Board's decision to order <br />Corrective Action No. 2. 38 <br />B. The Board evaluated the benefits expected to result <br />from dewatering the Mine. 45 <br />C. Although not required to do so, the Board considered the <br />economic reasonableness of ordering Cotter to dewater the <br />Mine.The Board evaluated the benefits expected to result <br />from dewatering the Mine. 50 <br />III. The Board has Statutory Authority to Order Dewatering and <br />Impose <br />Civil Penalties. 55 <br />A. The Board has authority to order Corrective Action No. 2 55 <br />B. The civil penalties levied against Cotter are withing the Board's <br />i <br />PAGE <br />