Deposition of Ted Kowalski

• 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

Application for Water Rights of the Eagle River Water & Sanitation
March 12, 2002
Ted Kowalski
Page 58
Page 60
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A. Depends on what you define as the
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Q. Okay. Let's go to the -- to your
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entirety of the structure.
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observations of the Breckenridge course. Again,
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Q. How do you define the entirety of
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what -- when were you there after course
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the structure?
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construction?
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A. Well, I believe that there is part
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A. I was there in May, in June, in
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of the structure that is designed for bank
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November of 2001, and in -- actually, that's it.
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stabilization and seeding, and to the extent
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Q. Okay. And how long were you there
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that that part of the structure is part of the
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in May and June of 2001?
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structure in which you refer in your question, 1
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A. Approximately an hour each time.
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don't believe that that was overtopped, but to
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Q. And what time of day were you there?
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the extent that you're referring to the
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A. In the late afternoon, both times.
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structure that isn't the bank stabilization or
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Q. Okay. And in May, June, were there
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the seeding, I believe that if that's what you
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any boaters present?
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mean by structure, I believe that was
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A. There were boaters present in June,
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overtopped.
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and there were boaters present, but not on the
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Q. How do you know what portion of the
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course, at the May time.
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structure was for bank stabilization or seeding?
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Q. Okay. And did you take any
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A. Observation.
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measurements either of those times, or in
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Q. Is that based on any expertise as to
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November, for that matter?
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the design or construction of the course
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A. No, I took no measurements any of
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structures?
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those three times.
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A. No.
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Q. And did you collect any data at any
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Q. Let's turn to Deposition Exhibit 21.
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of those field inspections?
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Okay. And first one is Interrogatory Answer
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A. I didn't collect any data any of
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No. 6. There is a reference to the testimony of
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those three field inspections, no.
Page 59
X
Page 61
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Ted Kowalski as the basis for the CWCBs answer
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Q. Are the facilities that have been
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to Interrogatory No. 5 regarding the requests
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constructed as part of the Breckenridge boating
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for admission that the diversion structures in
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course devices or structures?
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the boating course that have been built to date
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A. I would call them --
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alter the natural channel of the Blue River.
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MR. CYRAN: Objection to foundation.
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What is your testimony in that regard?
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A. I would call them drop structures.
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A. Can I refer back to my answer in the
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Q. (BY MR. PORZAK) And do these drop
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Vail --
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structures operate as dams?
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Q. Yes. I'm sorry.
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MR. CYRAN: Objection to foundation.
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A. -- as it relates to Answer No. 6,
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A. I don't believe that they operate as
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that I think it would be the same.
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dams.
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Q. In Interrogatory Answer No. 8, 10
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Q. (BY MR. PORZAK) Is the Breckenridge
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and 12, there is a reference to your testimony
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course fully constructed?
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with respect to the same interrogatory answers
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MR. CYRAN: Objection to foundation.
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given in the Vail case, the only difference
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A. I don't know.
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being that we're talking about the Blue River as
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Q. (BY MR. PORZAK) When you visited
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opposed to Gore Creek. What is the basis of
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the Breckenridge course in November of 2001, did
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your testimony?
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you observe the course enlargement?
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A. I think certainly with regard to
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A. I did not observe their course
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Answer 8, it would be the same as my Answer 8 in
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enlargement.
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the Vail case. Answer 10, it would be the same
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Q. So you've never been to the course
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as in the Vail case, the answer that I gave for
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enlargement, then, at Breckenridge?
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Answer 10 in the Vail case. And 12, again, it
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A. As it's constructed now?
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would be the same as my answer in the Vail case
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Q. Right.
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for Answer 12.
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A. Certainly as constructed now, no.
16 (Pages 58 to 61)
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