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permit. The MLRB's Rules and Regulations contemplate a permit <br />process in which the permit applicant is required to submit <br />certain technical information set forth in Rule 2 in <br />sufficient detail to allow the MLRB to determine whetfier the <br />proposed operation can comply with the performance standards <br />set forth in Rule 6. This regulatory framework requires that <br />the information requirements of Rule 2 must be read and <br />understood in conjunction with the obligations imposed by the <br />Rule 6 performance standards. The regulations at issue in <br />this case is Rule 2.1.2(8) which requires the submission of <br />abroad spectrum of water-related information pertinent to the <br />proposed project. Among the requirements of Rule 2.1.:!(8) is <br />the following subsection: <br />d. The Operator shall indicate the water rights <br />and sources of water to supply the project <br />water requirements. The sources and rights <br />shall be investigated by the Board, utilizing <br />available sources to obtain the necessary <br />information in a timely manner prior to the <br />board's consideration of the application. <br />MLRB Rule 2.1.2(8)(d), 2 C.C.R. 407-1 <br />This rule is generally worded and leaves the Board <br />with broad discretion to determine; on a case by case basis, <br />the nature and detail of information which is required. The <br />requirements that the Board utilize "available sources" and <br />obtain "necessary information" reflect the discretion accorded <br />to the Board's analysis and findings under this rule. <br />Further, such a general approach is essential from a practical <br />- ~5 - <br />