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 Ted Kowalski
March 12, 2002
Page 62
Page 64
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Q. Do you agree that the Breckenridge
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A. It's my belief that the other
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course contained structures that change and
2
structures did not alter the flow of water at
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control the flow of water through the course?
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that flow level, in that the water seemed to
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MR. CYRAN: Objection to foundation.
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flow down the channel much in the same way that
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THE DEPONENT: Can you read that
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it had prior to construction.
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question back. I'm sorry.
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Q. (BY MR. PORZAK) But you have taken
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(The last question was read back.)
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no measurements or conducted any observations to
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A. No, I don't agree that they are
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specifically determine whether the flow level
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necessarily structures, but I do believe that
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pre- and post-construction has changed?
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these, as I refer to them, drop structures do
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A. I've taken no measurements or
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alter the flow at some flow levels.
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collected no data with regard to how the flow
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Q. (BY MR. PORZAK) At what flow levels
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changed prior to construction and
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do the course structures not control the flow of
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post-construction, that's correct.
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water?
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Q. Do you agree that the Breckenridge
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MR. CYRAN: Objection to foundation.
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course structures alter the water so that it
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A. I don't know all the flow levels at
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flows in a different manner than it did in the
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which they do not control.
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natural channel?
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Q. (BY MR. PORZAK) Do you know any
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MR. CYRAN: Objection to foundation.
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flow levels at which the structures do not
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A. Again, it depends on the flow level,
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control the flow?
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but I think it tends to flow in much the same
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A. I know that when I visited the
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way at the higher flows, especially.
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course in May and in June, there were some
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Q. (BY MR. PORZAK) You referenced two
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structures that appeared not to control or not
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structures that you didn't feel controlled the
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to alter the flow at those flow levels.
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flow, is that correct, in particular?
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Q. What were the flow levels in May and
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A. In particular, yeah, I referenced
Page 63
Page 65
I
June, 2001?
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two structures that certainly did not control
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A. They were in the 200 efs range.
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the flow.
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Q. And what structures did not appear
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Q. And you indicated that those
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to alter or control the flow?
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structures caused the water to flow outside the
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MR. CYRAN: Objection to form and
5
stream channel, correct?
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foundation.
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A. That's correct.
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A. I would say some -- well, I don't
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Q. If the water is flowing outside the
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have specific numbers that I can refer to at
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stream channel
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this time as to which structures, but there
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A. Or
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certainly was a structure where the water was
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Q. -- has it not been are not those
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flowing up, around, and over the bank, and it's
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structures diverting the water?
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in the middle of the course, and I think that
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A. No, the structures aren't diverting
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one certainly did not alter the flow at that
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the water.
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flow level that was flowing in May or June.
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Q. So the stream would have naturally
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Similarly, there was -- the next
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flowed outside its stream channel in that
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structure down clearly did not alter the flow,
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section?
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in that the flow was going up and around the
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A. It may have flowed outside the
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structure and around some bushes there. Those
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stream channel in that section, yeah.
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are two structures, certainly, where the flow
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Q. Do you know one way or another?
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was not being altered at that flow level.
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A. I don't know absolutely, no.
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Q. (BY MR. PORZAK) Did the other
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Q. If it would not naturally flow
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course structures alter or control the flow of
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outside the stream channel, what was causing it
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water?
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to flow outside the stream channel?
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MR. CYRAN: Objection to foundation
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MR. CYRAN: Objection to foundation.
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and to form.
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A. I don't know.
17 (Pages 62 to 65)
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