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-zz- <br />• rules, you are not permitted to consider a mining application until you have <br />considered the source of water for the mine, for the mining operation, and the <br />water rights that are available for that operation. I'71 point you exactly to <br />your rule which says that. <br />MR. BARRY: I'm familiar with the rules. <br />you--started on the track that you had a ques <br />guess I disagree with your characterization. <br />water rights and source of water, and I think <br />time to time over the years. I don't believe <br />criteria or requirement. <br />MR. CDHEN: Well-- <br />I think my comment to <br />ti on about jurisdiction. And I <br />I understand your argument about <br />this Board has heard that from <br />that is a jurisdictional <br />MR. BARRY: That's an issue of compliance with the rules and regulations, <br />not a jurisdictional precondition. That's -- A jurisdictional problem, I <br />want to hear it up front, that's not a jurisdictional requirement in my views, <br />Luke, don't know whether your -- <br />MR. DANIELSDN: I haven't had a chance to look at it. I thiink we ought <br />to proceed -- <br />MR. CDHEN: That's not my presentation on the issue (scrambled <br />discussion). <br />MR. BARRY: The reason I asked up front is that if you were going to tell <br />us in your closing argument, we had no jurisdiction to do, to hear this <br />application do or doing, I want to get that up front. <br />MR. CDHEN: I understand. <br />MR. BARRY: And I do not characterize the argument, I'm not expressing an <br />opinion on the merits of the question about water rights issue. I just don't <br />. think it's jurisdictional. <br />