My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
Deposition of Ted Kowalski
CWCB
>
Water Supply Protection
>
DayForward
>
4001-5000
>
Deposition of Ted Kowalski
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
7/15/2010 1:23:59 PM
Creation date
7/7/2010 2:58:40 PM
Metadata
Fields
Template:
Water Supply Protection
Description
Case No. 00CW259 Vail RICD and Case No. 00CW281 Breckenridge RICD
State
CO
Basin
Colorado Mainstem
Water Division
5
Date
3/12/2002
Author
District Court, Water Division No. 5
Title
Deposition of Ted Kowalski
Water Supply Pro - Doc Type
Court Documents
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
78
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
Show annotations
View images
View plain text
Application for Water Rights of the Eagle River Water & Sanitation Ted Kowalski <br />March 12, 2002 <br />Page 46 <br />Page 48 <br />1 <br />or the adjacent land, what is the basis of the <br />1 <br />Kowalski. What is the testimony to which that <br />2 <br />CWCB's antiinundation policy? <br />2 <br />statement refers? <br />3 <br />MR. CYRAN: Objection to foundation. <br />3 <br />A. That testimony would be with regard <br />4 <br />A. It's similar to the matter we just <br />4 <br />to my physical observations of the Gore Creek <br />5 <br />talked about. CWCB's decrees are to preserve <br />5 <br />boating course or Vail boating course, might be <br />6 <br />the natural environment to a reasonable degree, <br />6 <br />my testimony with regard to the photographs that <br />7 <br />and to the extent that inundation would abort or <br />7 <br />I took of the boating course or the videos I <br />8 <br />hinder the board's ability to obtain the <br />8 <br />took of the boating course, may be my testimony <br />9 <br />benefits for which it has a decreed water right, <br />9 <br />about other courses that I've seen, for example, <br />10 <br />the board can so claim that injury. <br />10 <br />the Fort Collins boating course or Fort Collins <br />11 <br />Q. (BY MR. PORZAK) Would not the claim <br />11 <br />structure, and it may be my testimony about <br />12 <br />of injury in the Vail white -water course case, <br />12 <br />Senate Bill 212. <br />13 <br />or the basis of that inundation policy that you <br />13 <br />Q. How is it that you would testify <br />14 <br />articulated, constitute a taking of someone's <br />14 <br />with respect to Senate Bill 212? <br />15 <br />property rights? <br />15 <br />A. I don't know that I would, but -- <br />16 <br />A. No, I don't believe so. <br />16 <br />Q. Do you intend to offer any expert <br />17 <br />Q. And why not? <br />17 <br />opinions on what the law is with respect to <br />18 <br />MR. CYRAN: Objection, foundation. <br />18 <br />recreational in- channel diversion? <br />19 <br />A. First of all, an entity doesn't have <br />19 <br />A. I don't believe I'm going to be <br />20 <br />a property right until they meet the legal tests <br />20 <br />offering expert opinions in this matter. <br />21 <br />of that. Secondly, they are not denied their <br />21 <br />Q. Anything else? <br />22 <br />ability to seek a property right, but are merely <br />22 <br />A. Merely relating to the testimony of <br />23 <br />required to include terms and conditions that <br />23 <br />Ted Kowalski as it relates to Interrogatory <br />24 <br />protect the board's water rights from injury. <br />24 <br />No. 6? <br />25 <br />(Deposition Exhibits 20 and 21 were <br />25 <br />Q. Correct. <br />Page 47 <br />Page 49 <br />1 <br />marked.) <br />1 <br />A. I don't believe so. <br />2 <br />MR. CYRAN: Is this something new? <br />2 <br />Q. Okay. Let's turn to Interrogatory <br />3 <br />MR. PORZAK: Yeah. <br />3 <br />Answer No. 8, where you are -- the testimony of <br />4 <br />Q. (BY MR. PORZAK) I hand you that <br />4 <br />Ted Kowalski is also listed as a basis for the <br />5 <br />which has been marked as Deposition Exhibit 20. <br />5 <br />denial in Answer No. 7 that the existing <br />6 <br />Can you please identify that document? <br />6 <br />structures are diversion structures. Again, <br />7 <br />A. Sure. This appears to be the CWCB's <br />7 <br />what is the -- what testimony do you intend to <br />8 <br />Response to the Applicant's First <br />8 <br />offer with respect to this issue? <br />9 <br />Interrogatories, Requests for Admissions, and <br />9 <br />A. I would believe that it would be the <br />10 <br />Requests for Productions of Documents. <br />10 <br />same testimony of which I just spoke with regard <br />11 <br />Q. I hand you that which has been <br />11 <br />to Answer No. 6. <br />12 <br />marked as Deposition Exhibit 21. Can you <br />12 <br />Q. Okay. And then let's go to <br />13 <br />identify that document? <br />13 <br />Interrogatory Answer No. 10, which says, "The <br />14 <br />A. Certainly. I should say, in <br />14 <br />testimony of Ted Kowalski is the basis for the <br />15 <br />Exhibit 20, that's in the OOCW259 case. <br />15 <br />admission that the boating course is sometimes <br />16 <br />Exhibit 21 is the CWCB's Response to the <br />16 <br />used for recreational boating purposes and the <br />17 <br />Applicant's First Interrogatories, Requests for <br />17 <br />denial that the water in the amounts claimed in <br />18 <br />Admissions, and Requests for Production of <br />18 <br />the application is used or is reasonably <br />19 <br />Documents in the OOCW281 case. <br />19 <br />necessary for the recreational and boating <br />20 <br />Q. Let's go first to Deposition <br />20 <br />purposes." <br />21 <br />Exhibit 20. <br />21 <br />A. I think with regard to the admission <br />22 <br />A. Um -hum. <br />22 <br />that the course is used for recreational and <br />23 <br />Q. And in Answer No. 6, I believe one <br />23 <br />boating purposes, if called to testify in that <br />24 <br />of the bases of the CWCB's answer to <br />24 <br />regard, I could testify about competitions that <br />25 <br />Interrogatory No. 5 is the testimony of Ted <br />25 <br />o -- may have occurred there, of which I'm <br />13 (Pages 46 to 49) <br />Esquire Deposition Services <br />(303) 316 -0330 <br />
The URL can be used to link to this page
Your browser does not support the video tag.