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THIS APPEAL <br /> Mid-Continent Resources, Inc. ("Mid-Continent" or MCR), by its attorneys, <br /> Delaney & Balcomb, P.C., files this answer brief in support of the Pitkin County <br /> District Court's decision(hereinafter the "District Court Decision") in Civil Action No. <br /> 91 CV 177 and in response to defendants-appellants' (Colorado Department of Health <br /> or CDH, or its agency Water Quality Control Division as WQCD) opening brief. <br /> This is an appeal of the District Court Decision (in 11 pages, contained in the <br /> Brief Appendix,'Appendix-1), reviewing an administrative decision by a CDH hearing <br /> officer contained in Findings of Fact, Conclusions of Law, Ruling and Order, dated <br /> November 10, 1990 (hereinafter the "Administrative Decision," in six unnumbered <br /> pages, contained in the Brief Appendix,Appendix-2). The Administrative Decision was <br /> affirmed by an Order Affirming Hearing Officer's [Administrative] Decision, dated <br /> April 16, 1991 but not served by mailing until May 30, 1991. <br /> The district court on res judicator grounds held that the Administrative <br /> Decision adverse to Mid-Continent was "void and of no binding effect." District Court <br /> Decision 11. The district court found that WQCD's civil penalty findings of Mid- <br /> Continent's alleged violation of CDH's Discharge Permit No. CO-0000396 was barred <br /> by Mined Land Reclamation Division's (MLRD) civil penalty assessment and <br /> subsequent settlement (after MRLD made pertinent adjudicatory findings of fact) <br /> ' By Order of this Court,dated September 17, 1993,Mid-Continent was granted leave <br /> both to file a brief in excess of 25-pages but not to exceed 50 pages and to file a Brief Appendix <br /> in this proceeding. <br /> By Order of this Court,dated September 21,1993,the time for filing Mid-Continent's <br /> answer brief was extended to and including October 27, 1993. <br /> Mid-Continent Answer Brief - 1 - Appeal No. 93 CA 297 <br />