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I, <br />11a <br /> <br /> 1 in your testimony. <br /> 2 Is it your contention that the Mined <br /> 3 Land Reclamation Board is the forum in which <br />' 4 identification and the analysis pertaining relates <br /> 5 to water use to be adjudicated under State law? <br />' 6 A N <br /> o. <br />' 7 Q I think your statement was that that's <br /> 8 up to the water court judge to determine. <br />' 9 A The MLRB doesn't have the power to grant <br /> 10 water rights. There are issues that go beyond the <br /> 11 damage to junior or senior appropriators or facts <br /> 12 that are addressed in a mining application that are <br /> 13 not addressed in water court, and it was a <br /> 14 contention that if those are to be addressed at all, <br />' 15 d b <br />MLRB <br />th <br />h <br />ld b <br />dd <br />th <br /> ey s <br />resse <br />y <br />ou <br />e a <br />e <br />. <br />' 16 Q Do you have evidence concerning those <br /> 17 kinds of environmental impacts to present? <br /> 18 A No. <br /> 19 Q Okay. You also stated that -- I believe <br /> 20 you stated that under Colorado water law Battle <br /> 21 Mountain will not be able to run its mine without <br />r 22 having secured the use through an adjudication or <br /> 23 temporary substitute supply plan; is that correct? <br /> 4 <br /> 2 A That was my statement, yes. <br />' 25 MR. MASSEY: Okay. That`s real:.y all I <br />' AGREN, BLANDO & BILLINGS <br /> <br />