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Upper Gunnison River Water Conservancy District <br />Case No. 02CW038, District Court, Water Division No. 4 <br />Colorado and in particular how it relates to Senate Bill 216 or complying with Senate <br />Bill 216." This appears to be no more than a reiteration of his claimed expertise <br />regarding the legal interpretations and applications of the statute, rules, policies and <br />procedures of the Colorado Water Conservation Board discussed above. As stated <br />above, to the extent Mr. Kowalski, as an employee of the CWCB, will testify <br />regarding the CWCB's own view of the legal interpretations and applications of the <br />statute, rules, policies and procedures, Applicant has no objection. Applicant <br />maintains that Mr. Kowalski has no expertise of any sort to testify as to "use" of <br />whitewater courses. <br />C. Applicant objects to the qualifications of Rick McLaughlin as an "experienced <br />kayaker and an expert on the use of constructed whitewater parks for recreation and <br />competitive purposes." Mr. McLaughlin testified in deposition that he is an <br />intermediate kayaker, that only three of the whitewater parks with which he has had <br />involvement as a designer have actually been constructed, and he has boated'on only <br />two. He does not participate in whitewater competitions. <br />Furthermore, Applicant objects to Mr. McLaughlin as an expert on the recreational <br />experiences that may be provided by the Gunnison Whitewater Park, and whether <br />Gunnison Whitewater Park satisfies the requirements of Senate Bill 216 if the design <br />fails to provide a reasonable recreation experience at 250 - 350 cfs. Mr. <br />McLaughlin's resume shows no education or training regarding "recreational <br />experiences," generally. He has not previously given any expert opinion on <br />"recreational experiences." He boated the Gunnison Whitewater park one day when <br />the flow rate was approximately 1400 cfs, and had what he described as an <br />"interesting" experience for an intermediate boater. Nothing in his report or <br />deposition testimony indicates he is qualified to render an opinion on recreation <br />experiences. <br />13 <br />