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COLORADO WATER CONSERVATION BOARD <br />1313 Sherman Street, Suite 721 <br />Denver, Colorado 80203 <br />IN THE MATTER OF THE CITY OF STEAMBOAT <br />SPRINGS FOR A RECREATIONAL IN-CHANNEL <br />DIVERSION A COURT USE ONLY A <br />IN ROUTT COUNTY, COLORADO <br />Porzak Browning & Bushong LLP Case Number: 6-03CW86 <br />Glenn E. Porzak (#2793) <br />P. Fritz Holleman (#21,888) Water Division: 6 <br />929 Pearl Street, Suite 300 <br />Boulder, CO 80302 <br />Tel: 303-443-6800 <br />Fax: 303-443-6864 <br />Email: aporzak(a?pbblaw.com <br />Lettunich & Vanderbloemen, LLC <br />Anthony B. Lettunich (#6896) <br />200 Lincoln Avenue, Suite 300 <br />P.O. Box 773990 <br />Steamboat Springs, CO 80477 <br />MOTION TO DISQUALIFY MR. SHARP <br />AND STRIKE THE SHARP TUBING STATEMENT <br />The City of Steamboat Springs ("Cit}?') hereby submits its motion requesting that <br />Colorado Water Conservation Board ("CWCB") member Tom Sharp disqualify himself from <br />participating in the CWCB's review of the City's RICD claim. The City further requests that the <br />Board strike and not consider Mr. Sharp's "Statement regarding Tubing Experience on Yampa <br />River," dated March 1, 2004 ("Statement"), and every reference to that Statement that appears in <br />the prehearing statements filed by parties opposed to the City's RICD claim. The specific <br />grounds for this motion are as follows: <br />1. Mr. Sharp's Statement offers his opinion concerning the value of the "C-Hole" and "D- <br />Hole" RICD structures at issue in this matter to the overall recreational experience for <br />tubing on the Yampa River. (See Affidavit of Counsel Supporting Motion to Disqualify, <br />15, filed currently herewith.) <br />2. Mr. Sharp's Statement is directly contrary to the City's position which is that the RICD <br />structures enhance the tubing experience in the stretch of the Yampa River at issue. <br />Tm1415