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
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Page 4
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APPEARANCES:
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WHEREUPON, the following proceedings
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GLENN E. PORZAY, Attorney at Law,
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were taken pursuant to the Colorado Rules of
from the Law Firm of Porzak Browning & Bushong
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Civil Procedure:
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LLP, 929 Pearl Street, Suite 300, Boulder,
Colorado 80302, appearing on behalf of the
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TED KOWALSKI,
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Applicants.
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having been duly sworn to state the whole truth,
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JOHN J. CYRAN, Assistant Attorney
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testified as follows:
General, Natural Resources Section, State of
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EXAMINATION
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Colorado, Office of the Attorney General,
1525 Sherman Street, 5th Floor, Denver, Colorado
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BY MR. PORZAK:
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80203, appearing on behalf of Objector State of
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Q. Can you please state your name and
Colorado.
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address for the record.
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A. It's Ted Kowalski, and my working
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10
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address is 1313 Sherman, 7th floor, Denver,
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Colorado 80203.
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Q. Mr. Kowalski, this deposition is
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being taken pursuant to subpoena duces tecum.
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Did you bring any documents pursuant to that
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subpoena?
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A. I did.
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Q. Okay. Could I see those.
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MR. CYRAN: And, for the record, 1
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just want to note that we would object insofar
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as the subpoena duces tecum has -- did not
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provide 30 days as required by 37 -- Rule 37.
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That being the case, we still believe Ted's
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brought everything in his files.
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Page 5
I
INDEX
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THE DEPONENT: Right.
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EXAMINATION: PAGE
By Mr. Porzak 4,131
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Q. (BY MR. PORZAK) Okay. Great.
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By Mt. Cyran 127
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Well look at those during a break.
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INITIAL
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Are you the official with the
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REFERENCE
APPLICANTS' DEPOSITION EXH03rFS:
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Colorado Water Conservation Board that has
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18 Statement of Opposition, Colorado
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primary responsibility for the subject cases
Water Conservation Board, OOCW259,
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OOCW259 and OOCW281?
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2-27-01 6
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A. Yes, I am the ...
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19 Statement of Opposition, Colorado
Water Conservation Board, 00CW281,
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Q. And what is your job title with the
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2-27-01 6
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Colorado Water Conservation Board?
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20 CWCB Response to Applicant's
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A. I'm the legal protection specialist
First Interrogatories, Requests for
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for the water conservation board.
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Admissions, and Requests for Production
of Documents, OOCW259, 1-28-02 47
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Q. And what are your duties as the
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legal protection specialist?
21 CWCB Response to Applicant's
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A. My duties are to review the monthly
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First Interrogatories, Requests for
Admissions, and Requests for Production
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resumes for all seven divisions and determine if
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of Documents, OOCW281, 1-28-02 47
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the CWCB; should file a statement of opposition.
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(Enclosed, with copies to Mr. Cyran.)
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My duties include, once statement of opposition
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is filed, to work with the Colorado Attorney
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General's Office to develop terms and conditions
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that will protect the CWCB's interests and, if
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terms and conditions cannot be developed, to
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work with the attorney general's office to
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develop a litigation strategy and to participate
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in the litigation to protect the CWCBs
2 (Pages 2 to 5)
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