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23 <br />1 front of us to determine whether new or old. The <br />2 motion we're looking at is intervention -- is <br />3 limited intervention. <br />4 MR. HELD: For Mr. Morris. <br />5 MR. JAVERNICK: For Mr. Morris. <br />6 MR. HELD: Yes. That's true. The <br />7 problem being that he doesn't want to intervene if <br />8 the proceeding is going to be considered an -- a <br />9 continuation of the prior proceeding, and so <br />10 unfortunately, that means the board has to, I <br />11 think, reach some conclusion as to how it sees what <br />12 is before it from Basin and the division and then <br />13 Mr. Morris will be able to make a decision whether <br />14 to withdraw his motion to intervene or not. <br />15 MR. JAVERNICK: Before we can determine <br />16 whether it's an old or a new matter don't we have <br />17 to determine whether the vacation was proper? <br />18 MR. HELD: I think that's probably a <br />19 very good idea. <br />20 MR. JAVERNICK: To me that makes the <br />21 most sense in the world. <br />22 MR. MORRIS: No. The new proceedings -- <br />23 this is Walt Morris again. The new proceedings <br />24 that I speak of would be a proceeding to determine <br />25 whether the vacation is proper. What I'm <br />