Vacate

03A-CDH034240-DWR · Department of Water Resources · 2004-01-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|In the Matter of the Investigation | |No. 03A-CDH034240-DWR | |of | | | |Violations of Title 45, Chapter 2, | |ORDER VACATING HEARING | |Arizona Revised Statutes | | | | | | | |Respondent: SCATTERDAY | | | |INVESTMENTS CO. | | | | | | | |Alleged Violations: A.R.S. § | | | |45-611, | | | |45-614, 45-616, 45-632 & 45-635 | | | | | | |

Pending before the Office of Administrative Hearings is the Arizona Department of Water Resources’ (the “Department”) January 22, 2004 Motion to Vacate Hearing, submitted through counsel. The Department requests that the hearing in the above-captioned matter be vacated for the reason that the parties have arrived at a settlement. Good cause appearing, IT IS HEREBY ORDERED that the hearing in this matter, currently scheduled for January 28, 2004, is vacated from the calendar of the Office of Administrative Hearings. IT IS FURTHER ORDERED remanding this matter to the Director of the Department for further action.

Done this day, January 26, 2004.

______________________________________ Daniel G. Martin Administrative Law Judge

Copy mailed this _____ day of January, 2004 to:

Herb Guenther, Director Department of Water Resources ATTN: Rose Mae Nokes 500 North Third Street Phoenix, AZ 85004

Nicole D. Swindle, Esq. Department of Water Resources 500 North Third Street, Fourth Floor Phoenix, AZ 85004

Scatterday Investments Co. 3836 E. Watkins St. Phoenix, AZ 85034

By _______________________________ -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826