Deposition of Ted Kowalski - Laserfiche WebLink

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Application for Water Rights of the Eagle River Water & Sanitation March 12, 2002 Ted Kowalski Page 50 Page 52 1 aware. 1 A. Let me just look real quickly. 2 With regard to the denial that the 2 (A pause occurred in the 3 amounts are reasonably necessary for the use or 3 proceedings.) 4 reasonable and appropriate, I believe my 4 A. I believe that I did take some 5 testimony may encompass testimony about my 5 photographs after we submitted these 6 physical observations of the course and of other 6 interrogatories, and I believe that your 7 courses that may relate to that matter, as well 7 co-counsel has reviewed those photographs. 8 as my knowledge about the water rights sought in 8 Q. Okay. But other than that, there's 9 this application, as well as in other 9 no other additional evidence or supplements to 10 applications, and to the extent applicable, my 10 the CWCBs responses? 11 knowledge of the statutory responsibility or 11 A. Not that comes to mind at this time, 12 requirement that a water right has to put the 12 no. 13 water to beneficial use, which is only that 13 Q. Okay. Let's go back to the 14 amount which is reasonable and appropriate to 14 Breckenridge white-water course. When -- or, 15 accomplish the use without waste under 15 I'm sorry, let's go back to the Vail white-water 16 reasonably efficient practices for which the use 16 course. 17 is sought. 17 A. Sure. 18 Q. Anything else? 18 Q. And III ask you, Have you visited 19 A. I think those would be the main 19 that course since the construction? 20 things of which I'm aware that my testimony 20 A. Yes, I have visited the Vail course 21 Q. Okay. 21 since the construction. 22 A. -- may be about regarding that 22 Q. When? 23 question. 23 A. I believe on May 21st and June 7th, 24 Q. Let's turn to Interrogatory Answer 24 and also on -- excuse me. Those were in 2001. 25 No. 12, which lists your testimony as a basis 25 And then in 2002,1 did visit it in February of Page 51 Page 53 1 for the answer to Interrogatory No. 11 that 1 2002. 2 requests an admission that water is available in 2 Q. Is any flow being sought in February 3 Gore Creek for the absolute and conditional 3 in connection with the Vail course? 4 appropriations sought. What testimony do you 4 A. No. 5 intend to offer or do you have relative to that 5 Q. Did you take any measurements when 6 question? 6 you were there? 7 A. The testimony that I may be 7 A. I did not. 8 willing -- or may be able to offer with regard 8 Q. Did you collect any data? 9 to that answer would be any knowledge I may have 9 A. I did not collect any data. 10 about the flows that I've seen recorded. That 10 Q. How long were you at the Vail course 11 may be it. 11 on each of those two occasions that -- to which 12 Q. What flows have you recorded? 12 you testified, the first two, the I think it 13 A. I haven't recorded flows. I've 13 was May and 14 reviewed recorded flows. 14 A. And June. 15 Q. Do you have an opinion as to whether 15 Q. -- June 2001? 16 there's sufficient water available for 16 A. I would say approximately an hour 17 appropriation for the Vail white-water course? 17 each time. 18 MR. CYRAN: Objection to foundation. 18 Q. Okay. And what did you do while you 19 A. I don't believe I'm going to be 19 were there? 20 offering an opinion with regard to that matter. 20 A. I looked at the flows, observed the 21 Q. (BY MR. PORZAK) Are there any 21 flows. I took some photographs, as well as some 22 supplements to the responses offered by the 22 videotape. That's about it. 23 Colorado Water Conservation Board to the 23 Q. What time of day were you there? 24 interrogatories and requests for admissions in 24 A. Morning, both times. 25 Case No. OOCW259? 25 Q. Okay. And were there any boaters 14 (Pages 50 to 53) Esquire Deposition Services (303) 316-0330