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i1 <br /> <br /> <br /> <br /> <br /> <br /> <br />1 <br /> <br /> <br />1 <br /> <br /> <br />r <br /> <br /> <br /> <br /> <br /> <br />110 <br />1 approximately 170 acre-feet of consumptive use that <br />2 they are going to get from the tailings lining -- <br />3 the lined tailings area. <br />4 And, in part, my concern is that they <br />5 represent to the Board that that's taken care of, <br />6 let us worry about our water rights separately, and <br />7 then they qo before the water court and say, Don't <br />8 worry about the tailings area because MLRE~ approved <br />9 that. <br />l0 It's a little bit difficult for us to <br />it assess what to do and, in part, I think what Neil's <br />12 contention is, that perhaps that the Board is in the <br />13 best position to investigate the use and the sources <br />14 of water from that perspective. <br />15 And with that I'll -- <br />16 THE CHAIRMAN: Excuse me a minute. <br />17 Mr. Massey has his hand up. We are not ready for <br />18 rebuttal or cross-examination. <br />14 MR. MASSEY: I want to tell the Board we <br />20 have an entirely different view as to how those are <br />21 to be interpreted and we will raise that later. <br />22 THE CHAIRMAN: You will have an <br />23 opportunity to do that. <br />24 MR. HESS: That will close my statement <br />25 unless there are further questions. <br />AGREN, BLANDO S BILLINGS <br />