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23 <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />and application of statutes, rules and policies and procedures <br />of the Colorado Water Conservation Board. And he may also act <br />as an agent for the CWCB testifying to procedures, hearings, <br />findings, determinations made by the CWCB, and to the Gunnison <br />White Water Park in particular, as well as other cases if <br />they're relevant. I would submit he is able to testify to <br />legal interpretations and applications of the statutes, rules, <br />policies, procedures of the Colorado Water Conservation Board <br />on recreational in-channel diversions. I'm also requesting he <br />be certified as an expert in the use of whitewater parks in <br />general and the Gunnison White Water Park in particular. <br />MS. COVELL: May I voir dire, Your Honor? <br />THE COURT: Yes. <br />VOIR DIRE EXAMINATION <br />15 BY MS. COVELL: <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />Q Mr. Kowalski, did you say you've testified in the <br />three cases that have dealt with recreational in-channel water <br />rights prior to Senate Bill 216? You weren't an expert <br />witness in those cases, were you? <br />A I was qualified to testify as an agent of the board <br />in those cases. <br />Q That's not an expert qualification, that's simply a <br />qualification to make statements of what the board itself had <br />done or thought; is that correct? <br />A That would be my understanding.