Statement Regarding Tubing Experience of Mr. Thomas R. Sharp

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? STATEMENT REGARDING TUBING EXPERIENCE ON YAMPA RIVER I, Thomas R. Sharp, of Steamboat Springs, Colorado, do hereby state and swear as follows: I have been a resident of Steamboat Springs, Colorado, for almost 32 years. For at least 30 of those years, I have tubed the Yampa River through the City of Steamboat Springs each summer at least once, often several times each summer. I commenced my tubing either at the slow stretch on or adjacent to the Walden Pond development originally owned by Fred Bucci and now owned by Curt Weiss, in the up-river southern portion of Steamboat Springs, or at the bend in the Yampa adjacent to Rotary Park which is a short distance downstream from Walden Pond, or at the Tree Haus Bridge crossing the Yampa River which is a further short distance downstream. I would almost always tube ride the river through the City and past the 13`h street bridge past the Werner Memorial Library, and would exit on the north side of the river into Steamboat Park located westerly from 13`' street and across the river from the old Depoi. My customary exit point from the tubing ride is located a very short distance down-river from the newly-constructed D-Hole structure, and approximately 200 yards down-river from the newly-constructed C-Hole structure. Those two structures are the structures which are the diversion points claimed by the City of Steamboat Springs in its RICD filing on the Yampa River. Up-river several blocks from the C-Hole structure is another rock structure that narrows the river channel, adjacent to the Ambulance Barn near the intersection of 9'' Street and Yampa Street, such rock structure being known locally as the "A-Hole," or "Ambulance-Hole." While the GHole and D-Hole have only existed for one or two summers, the A-Hole has existed for approximately a decade. It was not constructed by the City, but to the best of my knowledge through efforts of the local fly fishertnen. I tubed down the Yampa River a couple of times in the summer of 2003, going through the A-Hole, GHole, and D-Hole each time and exiting into Steamboat Park, as I have done for many years. I have tubed through the A-Hole many times in the past. During low flows in the Yampa when inner tubing activity is active, the northerly portion of the A-Hole acts very similarly to the C- Hole and D-Hole. That is, the stream flow is narrowed, runs over rocks, and creates a back-flow, churning wave. A tuber can be caught in such wave, and the dropping water hits the back side of the tube causing the tube to flip over, dumping the person into the wave. During the low flow tubing activity, the depth of water at the churning wave at the A-Hole, GHole, an3 D-Ho1e is not over 5 feet, so that a tube rider can swim/walk out from the churning wave and try to catch his or her tube, but the buffeting of the churning water can be a scary experience. From my personal experience and observation as a result of these many tube rides, the enjoyment of the tube ride down the Yampa River is the totality of the trip, including some slow portions, riffles and fast portions, bouncing off boulders placed in the middle of the stream by the fly fishermen, going through the kayak course adjacent to Weiss Park near 151 street (not included in the City claim), which has existed for a couple of decades now, and spending time at the hot springs that comes into the River at about ls` Street. The usual length of the trip is perhaps a couple of miles, and usually takes about an hour and a half. I have been with people who have refused to tube through the A-Hole and the GHole and D-Hole out of fear of being dumped off of their tube. My wife always exits the River above the A-Hole. My daughter-in-law does the same, and had a terrifying experience being dumped in the back flow churning water of the A-Hole several years ago. -1- ?