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• <br />-100- <br />MR. N. COHEN: I think this is directly relevant. Actually, Chip to the <br />point you made earlier about when do you buy the baby's clothes? I think the <br />issue here as, I intend to present it in my argument and as Mr. Barter (Banta) <br />talked about earlier, the real question here is sequencing of permits. At <br />least that's the argument that I want to present to the Board, and the <br />position, at least of the Division, seems to be that the Board can go forward <br />and issue it's mining permit irrespective of arty other action from any other <br />regulatory agency, even though its regulations seem to require that water <br />rights already be established. I think that the rules make it very clear <br />that, in fact, there is a certain sequence. And the sequence does call for <br />water rights to be obtained before the mining permit can go forward. And I <br />think that the reasoning behind that sequence is good reasoning and it makes <br />sense, and it has to do with your point as to when you start and when -- what <br />comes first. Maybe it's the chicken and the egg, but I don't even think it's <br />really a chicken and the egg. <br />• MR. BARRY: I have to guess my response would be fine, ask 'em questions <br />about water rights, not what you are going to do next six months. <br />MR. N. COHEN: Because, the point is if what he's -- if what's going to <br />happen in the next 6 months is that they begin building a mill, if they <br />begin... <br />MR. DODSON: I didn't say that. <br />MR. N. COHEN: I'm just -- well, I -- because I didn't get a chance to <br />get the answer to my question, I'm going to just suppose a few things. But, <br />you're going to begin to plan a mill, and perhaps 3 months down the road they <br />will begin construction of the mill. They may begin same preliminary <br />excavation work, they may begin some work to prepare the leach pad. This is <br />all physical work to this property. If it turns out that they don't get water <br />rights, number 1, it's an incredible waste of time, energy and r^esources and <br />• money for Battle Mountain as well for the people of Colorado. And that <br />