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<br />to use water is beyond the authority of the CMLRB. Battle Mountain <br />will comply with the condition of its approved reclamation permit <br />requiring that it obtain water rights and the legal right to <br />utilize such rights prior to leaching or processing of ore. Since <br />that permit was issued, Battle Mountain has acquired adequate water <br />rights for its operation and has prepared and filed a temporary <br />substitute supply plan and an augmentation plan to adjudicate the <br />use of its water rights. In addition, Battle Mountain has filed <br />an application to adjudicate non-tributary ground water located <br />beneath land it owns in the San Luis Valley. These matters are <br />currently pending with the Colorado State Engineer's Off:~ce and the <br />Division III Water Court in Alamosa. <br />Conclusion <br />The Battle Mountain Permit Amendment application contains <br />several hundred pages of information and technical data which <br />describe a state of the art facility which meets and in most cases <br />exceeds the applicable requirements of the MLRB's governing statute <br />and regulations. The amendment application has been subject to one <br />of the most careful reviews ever conducted by the MLRD which has <br />confirmed that the application fully complies w_~th those <br />requirements. The MLRD has recommended approval of the amendment <br />and we urge the Board to follow that recommendation. <br />10 <br />