Laserfiche WebLink
29 <br />1 noted this objection with our Trial Management -- we submitted <br />2 the Trial Management Order -- to Mr. Kowalski as an expert on <br />3 the matters -- many of the matters for which he's been <br />4 tendered here. I don't think he has any expertise in the use <br />5 of whitewater parks in general and the Gunnison White Water <br />6 Park in particular. As he's just testified, the other cases <br />7 in which he participated, he was not an expert witness, he was <br />8 an agent of an opposing party who testified in a court water <br />9 case. And I guess that would be sort of like maybe becoming <br />10 an expert on a Ford Pinto after trying a Ford Pinto case. And <br />11 I don't believe that that's really an appropriate <br />12 qualification for expertise in the use of whitewater parks in <br />13 general and the Gunnison White Water Park in particular. <br />14 He had no significant role with regard to <br />15 recreational in-channel diversions, while there was with the <br />16 Attorney General's office, as he testified in deposition. And <br />17 he has nothing to offer to this Court that's not already <br />18 available to you via the other experts in this case. The <br />19 State has identified an expert who does have expertise in the <br />20 design and construction and use of whitewater courses. And <br />21 they have an in-house expert who has expertise in the Colorado <br />22 River Compact and legislation and how the Water Conservation <br />23 Board, as I understand it, is looking at the concepts of <br />24 compact impairment and maximum utilization in connection with <br />25 Senate Bill 216.