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City of Golden <br />2/2/2001 <br />Edward R Kowalski <br />Page 38 <br />1 Q. Okay. I'm not -- my question wasn't <br />2 in the cdntext of settling the case. My <br />3 question was in the context of the -- meeting <br />4 the interests that the board is seeking to <br />' 5 protect, and the only one is withdrawal of the <br />I'I 6 application; is that correct? <br />, 7 A. I don't know if that's the only one. <br />8 I-- that's a decision for the board to make. <br />9 Q. But you just testified a moment ago <br />10 that your role is to fashion terms and <br />11 conditions, is it not? <br />12 A. Yes, it is. <br />13 Q. And what terms and conditions have <br />19 you fashioned? <br />15 A. That's the one, would be withdrawal <br />16 of the case as a term and condition that I've <br />17 fashianed, and I haven't fashioned any other <br />18 terms and conditions that I know the board would <br />19 accept. <br />20 Q. What interests are the board seeking <br />21 to protect by its opposition in 98CW448? <br />22 A. It's seeking to protect its <br />23 exclusive authority to appropriate instream <br />24 flows for any purpose whatsoevere It's seeking <br />25 to protect its duty pursuant to the statutes to <br />Esquire Deposition Services <br />3f3997e1-db77-11c9-a133-0060942e0c51