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Application for Water Rights of the Eagle River Water & Sanitadon <br />Mazch 12, 2002 <br />Ted Kowalski <br />Page 10 <br />1 on the -- whether these structures actually <br />2 control the water. I believe that was your <br />3 question. <br />4 Q. Do you intend to offer any lay <br />5 opinions with respect to any of the issues that <br />6 I just articulated? <br />7 A. I may be asked to provide lay <br />8 opinionso It's really a question of my <br />9 attorneys to decide that, but -- <br />10 Q. Let me ask this. Do you have any <br />11 lay opinions with respect to the construction, <br />12 design, and/or operation of the subject <br />13 white-water courses? <br />14 A. I have an opinion that -- a couple <br />15 of opinions with regard to specifically the <br />16 structure and design of these structures or <br />17 these boat chutes. <br />18 Q. What are those opinions? <br />19 A. One opinion is that the structures <br />20 do not divert the water. One opinion. <br />21 Another opinion is that these <br />22 structures do not impound the water, and <br />23 therefore are not able to be decreed for <br />24 recreational purposese <br />25 Another opinion is that these <br />Fsquire Deposition Services (303) 316-0330