Charles R. Dubuc, Utah Bar # 12079 Western Resource Advocates 150 South 600 East, Suite 2AB Salt Lake City, Utah 84102 Tel: 801-487-9911 rdubuc@westemresources.org

Attorney for Petitioner

F I LED JUN 22 2012

SECRETARY, BOARD OF (IlL GAS & MINING

BEFORE THE BOARD OF OIL, GAS AND MINING DEPARTMENT OF NATURAL RESOURCES

STATE OF UTAH

Living Rivers,

Petitioner

vs.

Division of Oil, Gas & Mining

Respondent.

) ) ) ) ) ) ) ) ) ) ) ) ) ) )

MOTION AND CONSENT OF SPONSORING LOCAL COUNSEL FOR PRO HAC VICE ADMISSION OF STEPHEN D. HARRIS

Case No. 2012-017

BOARD OF OIL, GAS & MINING

Pursuant to Rule 14-806 of the Utah Code of Judicial Administration, Charles R.

Dubuc moves the court for an order admitting Stephen D. Harris pro hac vice to act as

counsel in the above-captioned matter on the following basis: Petitioner has retained the

services of Stephen D. Harris who is neither licensed to practice law in the State of Utah

nor a resident of Utah. Stephen D. Harris is admitted to practice in the State of Colorado

where he is an attorney in good standing as evidenced by the original Certificate of Good

Standing and application submitted to the Utah State Bar.

As required by Rule 14-806, both a filing fee and Stephen D. Harris's original

Application have been submitted to the Utah State Bar. Charles R. Dubuc hereby agrees

to serve as designated local counsel for the subject case. He agrees to comply with all

applicable provisions of the Utah Rules of Civil Procedure and the Utah Code of Judicial

Administration, and to readily communicate with opposing counsel and the court

regarding the conduct of this case. He also agrees to accept papers when served as well

as recognize the responsibility to act for and on behalf ofthe clients in all case-related

proceedings, including hearings, pretrial conferences, and trials, should Stephen D. Harris

fail to respond to any court order.

A proposed order admitting Stephen D. Harris accompanies this motion.

DATED this 13th day of June 2012.

Charles R. Dubuc

CERTIFICATE OF SERVICE

I hereby certify that on this 13th day of June, 2012, I served a true and correct copy ofthe foregoing MOTION AND CONSENT OF SPONSORING LOCAL COUNSEL FOR PRO HAC VICE ADMISSION OF STEPHEN D. HARRIS by email and via flrst-class mail to Julie Ann Carter, Secretary to the Board of Oil, Gas and Mining as follows:

Julie Ann Carter Utah Oil, Gas and Mining 1594 W North Temple, Ste 12lO PO Box 145801 Salt Lake City, UT 84114 j uliecarter@utah.gov

and to each of the following persons via email:

Dana Dean Associate Director of Mining Division of Oil, Gas & Mining 1594 West North Temple, Ste 12lO Salt Lake City, UT 84116 danadean@utah.gov

Denise A. Dragoo Snell & Wilmer, LLP 15 West South Temple, Ste 1200 Salt Lake City, UT 84101 ddragoo@swlaw.com

Steven Alder Utah Assistant Attorney General 1594 West North Temple Salt Lake City, UT 84114 stevealder@utah.gov

ROB DUBUC

Charles R. Dubuc, Utah Bar # 12079 Western Resource Advocates 150 South 600 East, Suite 2AB Salt Lake City, Utah 84102 Tel: 801-487-9911 rdubuc@westemresources.org

Attorney for Petitioner

BEFORE THE BOARD OF OIL, GAS AND MINING DEPARTMENT OF NATURAL RESOURCES

STATE OF UTAH

Living Rivers,

Petitioner vs.

Division of Oil, Gas & Mining,

Respondent.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

ORDER

Case No. 2012-017

BOARD OF OIL, GAS & MINING

Based upon the Motion for Admission Pro Hac Vice of Stephen D. Harris and the

consent to appear as associate counsel by Charles R. Dubuc, it is hereby ordered that

Stephen D. Harris be admitted pro hac vice as counsel for Petitioner in the above entitled

matter.

DATED this __ day of June, 2012.

Board of Oil, Gas & Mining

John C. Baldwill EXOClJllvt) Dlrl)cl(lr

Board of Commissioners

f10dney G Snow Pres,dent Ctyde Snow & Se5~lons Sail Lake City

lOll W Nelson President elect

Janc's W~ldo Holbrook '" McDonough Snit L~ke City

Sleven R BUll. ,"<I,' P"bl".· Member E'nt~len Dflslgn·BlJIlrl

H Dickson Burton lraskBrltt Salt take City

S" J Chon Sail Lake County PlOflerty Rights Ornblldsmun Office Salt L ~ktJ CIty

Chllstlan W Clinger Clinger Lee Clinqer S~lt Lake City

!:vetyn.f Furse Salt Lake Cuy Attorney's Office Salt Lake City

.lames 0 Gilson Callister Nebekel !I. McCullough Sail Li1ke City

MHry K~y Gnllin. CPA P"bliC Mernber Mayer Hollman McCann

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Utah State Bar~ 645 South 200 East, Suite 310' Salt Lake City, Utah 84111-3834 Telephone: 801-531-9077' Fax: 801-531-0660 www.utahbar.org

Charles R. Dubuc, Esq, Western Resource Advocates 150 South 600 East, Suite 2AB Salt Lake City, Utah 84102

June 21,2012

Re: Pro Hac Vice Application for Stephen Donnell Harris Living Rivers vs. Division a/Oil, Gas & Mining The Board of Oil, Gas and Mining of the Department of Natural Resources, State of Utah Case No. 2012-017

Dear Mr. Dubuc:

Enclosed please find an Acknowledgement of Supporting Documentation and Receipt of Pro Hac Vice Filing Fee which I issued on behalfofStephen DOlmell Hams. Since you'rc listed as his local sponsoring counsel on his Pro Hac Vice application, I am sending the original acknowledgement to you. This acknowledgement needs to be filed with The Board of Oil, Gas and Mining of the Department of Natural Resources for the State of Utah along with your Motion for Admission for Pro Hac Vice, a copy of Mr. Harris' Pro Hac Vice application, a copy of his certificate of good standing as well as your proposed Order.

If you have any questions or concems, please do not hesitate to contact me. My direct dial telephone number is (801) 297-7057.

NARlnb Enclosure

G:\P RO _ HAC\Letters\Original Receipt

Very truly yours, )

---~7/ 'It/L'VL (:-. ,J] ~ J

Nancy A. Rosecrans Assistant to General Counsel

Do the Public Good, Volunteer for Pro Bono

John C. Baldwin Exm:ullvp. Director

Board of Commissioners

Ronney G Snow President Clyne Snow & Sossions S~lt l.ake City

Lon W Nelson President elecl .Jones Waldo Holbrook & McDonough Sail Lake City

Sleven R fl"rl. AlA Public Mombel Ente/un Oc:?5Ign-SuilrJ

H Dickson Rl,rloll rraskS,,11 Sail Lake Cily

Su J Chon Salt Lake County Property Rights Ombudsman OHIce Salt Lake Cily

Chnstian W Clinger Clingo, Lee Cling"r Salt Lake City

Evelyn J. Furse Salt Lake City Attorney's Ofllc€! Salt Lake City

Jflmp.s 0 Gilson Callister Nebekel &

MCCullough Salt Lake City

Marv Kay Grlft",. CPA Puhlic Member Ma'lf!l Hoffman MeCafill

::UriIS M Jensen Snow .Jensp.n t~ ReAce ,t Georl1r,

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Utah State Bar" 645 South 200 East, Suite 310 • Salt Lake City, Utah 84111-3834 Telephone: 801-531-9077' Fax: 801-531-0660 www.utahbar org

ACKNOWLEDGEMENT OF SUPPORTING DOCUMENTATION AND RECEIPT OF PRO HAC VICE FILING FEE

Date Issucd : Case Name:

Case Number:

Junc 21,2012 Living Rivers vs. Division or Oil, Gas & Minim! The Board of Oil, Gas and Mining of the Department of Natural Resources, State of Utah 2012-017

This letter serves as an acknowledgement that the $250.00 pro hac vice filing fee for STEPHEN DONNELL HARRIS in the above-referenced case has been paid to the Utah State Bar and that the required supporting documentation is complete and in good order. If you have any questions, please call the Bar at (80 1) 531-9077.

1

L'ld./lL. J. ~~'SL -~ J ' ------. Nancy A. Rosecrans Assistant to General Counsel

Note to Counsel: An original motion signed by a member of the Utah State Bar who expressly consents to appearing as associate counsel should be filed with the court along with: (I) copies of the Application and Certificate orGood Standing which were provided to the Bar; (2) this original Acknowledgement of Supporting Documentation and Receipt of Pro Hac Vice Filing Fee; and (3) a proposed order.

(i: .PRO HA(, Receipl

00 the Public Good' Volunteer (or Pro Bono

APPLICATION FOR ADMISSION PRO HAC VICE

NOTE: This is a Court generated and approved form tbat can Dot be altered in anv manner or it will not be accepted. This form cannot be submitted electronically because it requires an original signature and notarization. You must fill it out and print it for signature and notary purposes.

Name: Stephen Donnell Harris

Firm Name: Alpern Mvers Stuart LLC

Address: 14 North Sierra Madre Street. Suite A

I ~ 180903

~===============~ Telephone / Fax: .... 1 _7_19_-_47_1_-7_9_5_5 ______ -' I 719-630-1794

City, State, Zip: Colorado Springs

E-mail (if any): I . steve@coloradolawyers.net ~_~~ ________________________________________ -J

State(s) to Which Admitted Bar Number

1 Colorado 24178

Case in which Applicant wishes to appear: Case Name

Court

Case Number

Party on whose behalf Applicant seeks to appear

Living Rivers vs. Division of Oil, Gas & Mining

Board of Oil, Gas & Mining

Docket No. 2012-017 - Cause Ml047/0103

Living Rivers

Other cases in any state or federal court in Utah in which the applicant or member of applicant's flrm has appeared pro hac vice in the previous five years. (Attach additional sheets if necessary.)

Case Name Case Number Court

None

Are you (the Applicant) currently suspended or disbarred from the practice of law in any state?

If yes, please explain: L-______________________________________________________ ~

Have YT (the Ar licant) been disciplined by any state's or court's bar organization in the prior five (5) years? No

If yes, please explain: LI _ _________________________ __ ---'

Are you (the Applicant) the subject of any pending disciplinary proceedings by any state's or court's bar

organization? ~ Sponsoring Local Counsel: (must be a Utah resident)

Name: I Charles R. Dubuc

Firm Name: I Western Resource Advocates

Utah Bar Number: 12079

Address: 150 South 600 East, Suite 2A

City, State, Zip: Salt Lake City, UT 84102

Telephone I Fax: 801-487-9911 801-487-9911

E-mail (if any): rdubuc@westernresources.org

Applicant's Certification and Signature:

Applicant certifies the following:

• Applicant submits to the disciplinary authority and procedures of the Utah State Bar. • Applicant is familiar with the rules of procedure and evidence, including applicable local rules. • Applicant will be available for depositions, hearings and conferences. • Applicant will comply with the rulings and orders of the court. • All the information included in this application is accurate.

Applicant must attach to this application an original, current (issued within 60 days of the date of Application) Certificate of Good Standing from the licensing state in which the applicant resides. (Applicants may not reside in Utah.)

DATED this 12th day of June, 2~1 iJ ~C' I~ , Applicant's Signature: ~~_L...-:-j-\-CC_U_'l()-=----_________ _

STATE OF COLORADO ) ss

COUNTY OF EL PASO )

Signed and sworn to before me on the 121h day of June, 2012 by Stephen D. Harris.

My Commission Expi s:

2~~-"4

~ Ro'iilingat~~ ~~~~~

ST ATE OF COLORADO, 55:

I, Christopher T. Ryan Clerk of the Supreme Court of the State of

Colorado, do hereby certify thai

STEPHEN DONNELL HARRIS

has been duly licensed and admilled to practice as an

cATTORNEY AND COUNSELOR AT J:AW

within this State,' and thai his/her ~ame appears upon the Roll of Attorneys

1Uh

and Counselors at Law in my office 0/ date the _____ _____ _

day oJ ___ .l_u_n_e _____ _ A. D. 1994 and thai al the date hereof

the said ____ S_TE_l'_'ll_ "E_lV_D_O_'M_'N_ 'E_L_L_H_:A_R_RL_ S _ ____ _

is in good standing at this Bar.

IN WITNESS WHEREOF, I have hereunto Jublcribed my name and

affixed the Seal 0/ laid Supreme Court, at Denver, in laid State, thIS

1ih June 2012 ___ day of- A. D. __

Christopher T. Ryan

By ~~....L.!:::>"JV.~ L Clerk

Deputy Clerk