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<br /> <br />The Costilla County Committee for Environmental <br />Soundness ("CES"), an objector to Application No. M-BB-112 filed <br />by Battle Mountain Resources, Inc. ("Battle Mountain"), <br />respectfully submits this memorandum of points and authorities in <br />support of its objection. <br />I. BECAUSE BATTLE MOUNTAIN'S APPLICATION IS INCOMPLETE, THE <br />BOARD IS REQUIRED TO DENY IT. <br />In requesting the Board to grant its application without <br />it first having procured water for its operation, Battle Mountain <br />not only places the cart before the horse; it asks the Board to <br />act beyond its jurisdiction and to disregard both Colorado law <br />and the Mined Land Reclamation Division ("NERD"). According to <br />such applicable authority, any permit application shall be denied <br />if, as here, it is incomplete. <br />A. The Application Fails To Address Either The Project <br />Water Requirements Or The Water Rights And Sources Of <br />Water For The Project. <br />MLRD rules require an operator to provide all the <br />information required by the Mined Land Reclamation Act ("Act") <br />and the rules promulgated thereunder, unless such information has <br />been previously provided. 2 C.C.R. 407-1, Rule 1.10.4. The <br />requirements for permit applications for regular operations, such <br />as Battle Mountain's proposed project outside of San Luis, <br />Colorado, are set forth in Rule 2 of the MLRD. In addition to <br />