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28 <br />1 be. That's why the line of questioning. <br />~ 2 MR. BROWN: Steve Brown for the <br />~ 3 division. I'll reiterate what I said at the <br />i <br />4 <br />earlier hearing and that is that -- and will be <br />5 said in our briefs and that is that there is no <br />6 guarantee that at any point in the future we might <br />i <br />7 <br />or might not -- we might or might not bring an NOV <br />8 against Basin Resources based on something that <br />9 might be happening at the Tatums' house. <br />i <br />10 <br />That is an enforcement discretion <br />~ 11 authority that the division has through the <br />i <br />12 program. Whether we vacated this NOV with <br />~ 13 prejudice or without prejudice doesn't really <br />~ 14 matter because we can bring another NOV based on <br />~ 15 another citizen's complaint at any time. It <br />16 <br />I doesn't matter whether we did it with or without <br />17 prejudice. <br />~ 18 These are arguments that we presented to <br />~ 19 <br />I the board already and we're starting rehash these <br />20 arguments. I don't think we need to do that, <br />~, 21 but -- and obviously where Mr. Anderson is going <br />22 <br />I with this is that he believes that Basin has been <br />23 adversely affected by the division's vacation of <br />24 the NOV. We don't think that Basin can show an <br />25 adverse effect, and there's no evidence on the <br /> <br />