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Proposed Trial Management Order
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Last modified
6/14/2010 1:36:07 PM
Creation date
6/9/2010 11:46:41 AM
Metadata
Fields
Template:
Water Supply Protection
Description
Gunnison RICD
State
CO
Basin
Gunnison
Water Division
4
Date
1/1/2003
Author
Cynthia F. Covell, Gilbert Y. Marchand, Jr., J. Steven Patrick
Title
Proposed Trial Management Order
Water Supply Pro - Doc Type
Court Documents
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Upper Gunnison River Water Conservancy District <br />Case No. 02CW038, District Court, Water Division No. 4 <br />Colorado 81230. Approximately one -half hour. <br />C. Wayne Schieldt, Assistant Division Engineer, Water Division No. 4, P.O. Box 456, <br />Montrose, CO 81401, 970.249.6622. Approximately one -half hour. <br />D. Persons who testified as "members of the public" at September 10, 2002 CWCB <br />hearing. (Approximately one hour total.) <br />E. Any person identified or called by any other party. <br />F. Any person necessary for document authentication purposes. <br />G. Any person necessary for rebuttal or sur- rebuttal. <br />III. Objections to qualifications of CWCB expert witnesses <br />A. Applicant objects to the qualifications of Randy Seaholm as an expert in water <br />resources engineering and hydrology, pending completion of his deposition. On <br />August 12, 2003, Mr. Seaholm was identified as having two areas of expertise that <br />had not been previously disclosed. These areas of expertise have been added in <br />connection with the CWCB's July 29, 2003, Motion to Supplement CWCB's <br />Objectors' Disclosure Pursuant to C.R.C.P. 26(a)(2) and C.R.C.P. 26(e). CWCB has <br />agreed to make Mr. Seaholm available for deposition regarding his supplemental <br />report. That deposition has not yet been conducted, and Applicant has been unable <br />to determine if Mr. Seaholm has expertise in these areas. He does not have a degree <br />in engineering, and his resume does not show any engineering training. <br />B. Applicant objects to the qualifications of Ted Kowalski as an expert in the legal <br />interpretations and applications of the statute, rules, policies and procedures of the <br />Colorado Water Conservation Board, and.as an expert in the use of whitewater parks <br />in general and the Gunnison Whitewater Parkin particular. Applicant believes these <br />are the only areas in which Mr. Kowalski will be offered as an expert, based on the <br />State Objectors' Disclosure Pursuant to C.R.C.P. 26(E)dated August 13, 2003, <br />which amends earlier disclosures regarding Mr. Kowalski's areas of expertise. If this <br />understanding is incorrect, Applicant reserves the right to challenge Mr. Kowalski's <br />expertise in the other areas identified in the CWCB's C.R.C.P. 26(a)(2) Disclosures <br />filed June 24, 2003. (The State and Division Engineers did not file any C.R.C.P. <br />26(a)(2) Disclosures initially, although they appear to have joined in the August 13, <br />2003 filing.) <br />Mr. Kowalski is an attorney by education and training, with an undergraduate degree <br />11 <br />
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