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<br />r <br /> <br />,1' <br /> <br />e <br /> <br />e <br /> <br />fs0306 <br /> <br />CON F IDE N T I A L <br />M E M 0 RAN DUM <br /> <br />TO: <br /> <br />Bob Hykan <br />Gene Jencsok <br /> <br />Ruth Yeager ~ <br /> <br />March 6, 19:=:1', <br /> <br />FROM: <br /> <br />DA TE: <br /> <br />SUBJECT: <br /> <br />National Forests Reserved Rights Technical Studies: <br />Interview with Bishop, Brogden & Rumph <br /> <br />On March 5, 1986, we met with Bob Brogden, Gene Rump.h, Steve Abt, <br />and Ray Alvorado of Bishop, Brogden & Rumph. This interview was part of <br />the selection process for hiring technical experts to perform technical <br />studies for the State of Colorado. The following are my comments on the <br />interview. <br /> <br />~~j19Ql111~_9~_~~egrl_Wl10g~~g2 <br />The firm as a whole has excellent credentials in courtroom <br />experience, both in quantity of experience and in strength of <br />recommendations. Bob Brogden is obviously the strong man on the team in <br />terms of expert testimony. He appears to have not only a good grasp of <br />the technical concepts, but also of the way in which they are applicable <br />to a case. He is also a convincing, dynamic speaker. <br /> <br />Steve Abt does not have the force of Bob Brogden, <br />way he comes across as very knowledgeable in his field. <br />seemed to be well-reasoned, and I don't believe he would <br />statements that he could not back up with fact. Once on <br />testimony may look even better than that of Bob Brogden. <br /> <br />but in his quiet <br />His comments <br />make any <br />paper, his <br /> <br /> <br />I see Gene Rumph as more of a liability than of an asset to the <br />team. While there is a lot of uncertainty in hydraulic and hydrologic <br />calculations, we do not want our witnesses to speak of them as numbers to <br />be negotiated. (We want our experts to come up with the most accurate <br />numbers they can, not with what they think is a good bargaining <br />position.) I also thought that his extensive comments on Keystone were <br />not well considered, especially since he knows that the cweB has been <br />active on the side of instream flows in this area. He gave away some of <br />his strategy on an on-going case - a mistake we would not want repeated <br />in the Forest Service cases. <br /> <br />ag[!)i!1i~1r:9UQ!1 <br />I think that BB&R would be easy to work with and responsive to our <br />needs. The only potential problem I foresee is that they may wish to <br />play more the part of an advocate than that of disinterested technical <br />experts. <br />