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Western Fuels - Colorado Will Suffer Irreparable Harm; No Other <br />Plain, Speedy and Adequate Remedy at Law <br />50. As discussed above, Western Fuels- Colorado will suffer irreparable harm if it is <br />not promptly permitted to conduct reclamation activities upon the Subject Lands and comply <br />with Exhibits J and L and Colorado statute. <br />51. For these same reasons, Western Fuels - Colorado has no other plain, speedy and <br />adequate remedy at law. <br />{00105064.1 ; 9 <br />An Injunction Will Not Disserve the Public Interest <br />52. The public interest favors the enforcement and protection of legal rights. It also <br />favors the timely, responsible and efficient reclamation of properties following mining activities. <br />E.g., C.R.S. § 34- 33- 120(2)(p) (requiring reclamation to be conducted "as contemporaneously as <br />practicable" with mining operations). <br />The Balance of Equities Favors Injunctive Relief <br />53. The balance of equities favors the entry of injunctive relief in favor of Western <br />Fuels- Colorado. As discussed above, Western Fuels- Colorado will suffer great, irreparable harm <br />if injunctive relief is not promptly entered in its favor. In contrast, defendant will not suffer <br />damage should an injunction issue, because the reclamation activities will benefit defendant. <br />Preservation of Status Quo <br />54. The status quo here is the legal relationship between the parties before a dispute <br />arose, as discussed above. It is the defendant, and not Western Fuels - Colorado, that proposes to <br />change the status quo by denying Western Fuels- Colorado the right to conduct reclamation <br />through its challenge to access to the Subject Lands and by its attempts to re- establish operation <br />of water and water rights on the Subject Lands. <br />55. For the foregoing reasons, this Court should determine that Western Fuels - <br />Colorado is entitled to permanent mandatory injunctive relief pursuant to C.R.C.P. 65. <br />PRAYER FOR RELIEF <br />WHEREFORE, for the foregoing reasons, this Court should: <br />(a) Pursuant to C.R.C.P. 57, enter a declaratory judgment declaring that the Mining <br />Lease is valid and that Western Fuels- Colorado may enjoy and freely exercise all of its rights <br />under the Mining Lease, including rights for Western Fuels- Colorado and its contractors and <br />agents to access the Subject Lands for purposes of conducting reclamation activities upon the <br />Subject Lands and all other activities authorized by the Mining Lease; <br />(b) Pursuant to C.R.C.P. 57, enter a declaratory judgment that, as agreed in the <br />Mining Lease, defendant shall not interfere with Western Fuels- Colorado's use of water on the <br />