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FLOOD10313
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Last modified
1/26/2010 10:12:49 AM
Creation date
2/7/2007 11:10:45 AM
Metadata
Fields
Template:
Floodplain Documents
County
Montezuma
Community
Dolores
Stream Name
Dolores River
Basin
San Juan/Dolores
Title
Dolores River Field Report
Date
11/1/2001
Prepared For
Dolores
Prepared By
CWCB
Floodplain - Doc Type
Project
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<br />I' <br />I <br />I <br />I <br />I <br />,I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />MAY-22-2001 18:01 FROM MAILROOM <br /> <br />TO 17208902700 <br /> <br />P.05/06 <br /> <br />. . <br /> <br />Expert Witness Testimonial Experience <br />Robert W. Blair, Jr. <br /> <br />1. November 1998. Federal Court, CoWlty of La Pla1a, State of Colorado Case No. 97 CV <br />149, E. T. Barker vs. Board of County Commissioners, et al. <br />I was an expert witness for the Board of County Commissioners, et aI.The case <br />involved a dispute over ownership and use of an old trail and mining road to the top of <br />Eagle Pass in the La Plata Mountains. This road at the turn of the century was deemed a <br />public access, but Barker claims that his family later purchased the surrounding land, and <br />thus, the road became private, subject to no trespass. The U.S. Forest Service and county <br />claim the road. is public domain. I presented a deposition and was an expert witness <br />during court proceedings. I was able to show using old maps and aerial photographs that <br />400iO of the mining road followed the old trail. This was used to uphold the public domain <br />argument. Judge Lewis Babcock later issued a decision that indicated the lower 90% of <br />the road was indeed public domain and only the upper lOOIG could be deemed private. <br /> <br />2. May and June 1989. District Court, County of La Plata, State of Colorado Case No. <br />88CV312. Larry White and Jennifer White, Plaintiffs, vs.Mark Buono, Joe Bob <br />McGuire, John Wells, and the Wells Group, a Partnership. Defendants. " <br />I was engaged as an expert witness for the Plaintiffs. As I recall the case. Larry <br />and Jennifer White purchased land upon which to build their future home at Sailing <br />Hawks. The Whites were unaware at the time of purchase that the lot was part of a <br />prehistoric landslide and that part of this landslide moved within the past five years. I <br />don't recall how they found out about the landslide, but 1 believe it was from either <br />neighbors or the architect. The Whites wanted their money back from the sale, claiming <br />that they paid premium dollar 'for land on stable ground and that trying to sell this same <br />land now on known landslide would result in a large depreciation in value. Wells Group <br />claimed that the land was stable because the landslide was prehistoric, thus should have <br />no effect upon their future home.! was called in to examine the stability of the purchased <br />lot (Sailing Hawks site # S). I was able to show from field evidence and photo <br />documentation, that the ground surface showed signs of instability because of its <br />proximity to the 'recently active adjacent secondary landslide. I gave a deposition that laid <br />out the evidence and my opinion. The case was settled out of courl <br /> <br />3. August 1987. State of New Mexico COmity of San Juan in the District Court case # CV <br />86-00154-4, Flora Vista Water Users association Plaintiff, vs. Manana Gas, Inc., <br />DefendantlThird Party Plaintiff, vs. El Paso Natural Gas Co. Third Party Defendant. <br />I was contacted by a Mr. Richard Cheney, President Brewer Associated of <br />Farmington. NM to represent The Flora Vista Water Users Association and to observe on <br />their behalf fieldwork being conducted with the expressed purpose of determining the <br />source and responsible party for me hydrocaroon contamination of domestic water wells , <br />use~ by Flora Vista Estates. Thirteen trenches were excavated at strategic places across . <br />
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