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6 <br />1 relating to it, and so it's not a new matter. It's <br />2 the old matter with a procedural question that's <br />3 been raised. <br />4 The second point I'd like to make is <br />5 that in a conference call where all the parties <br />6 participated, Mr. Held raised the question of <br />7 whether or not the division had the authority to <br />8 vacate the NOV once Basin filed its petition to <br />9 have the NOV reviewed by the board. <br />10 Deciding that this is a new matter <br />11 prejudges the answer to that question, and I spent <br />12 a fair amount of time going through the rights and <br />13 looking for cases, and I filed a supplemental <br />14 authorities motion on Tuesday by noon as requested <br />15 indicating Basin's view that a close reading of the <br />16 statutes, especially the APA and the Colorado <br />17 regulations indicate that, in fact, it would be <br />18 proper for the board to vacate the NOV and not the <br />19 division given the particular facts of this case. <br />20 And so I think it's an important <br />21 question about exactly what the board's doing here, <br />22 and prejudging it saying this i s a new matter, not <br />23 the old matter really does make a difference, and, <br />24 you know, I think there's some interesting <br />25 procedural questions and i t's going to plow new <br />