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
21 (Pages 78 to 81)
I Esquire Deposition Services [phone]
Page 78
Page 80
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A. I think recreational use can be a
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water is not a beneficial use?
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beneficial use of water, yeah.
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MR. CYRAN: Objection to foundation.
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Q. (BY MR. PORZAK) Where can
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A. As I've said, I don't know that it
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recreational use be a beneficial use of water?
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absolutely lists or doesn't list municipal use,
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MR. CYRAN: Objection to foundation.
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so I can't answer that question.
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A. The statutes provide that an
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Q. (BY MR. PORZAK) Do you consider
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impoundment of water for recreational purposes
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this to be a frivolous argument that was filed
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can be a beneficial use.
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by the Colorado Water Conservation Board?
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Q. (BY MR. PORZAK) Does the statute
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A. Absolutely not.
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limit the recreational use of water to
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Q. Let me just understand this one more
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impoundment situations?
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time. You're authorized to speak on behalf of
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MR. CYRAN: Objection, foundation.
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the Colorado Water Conservation Board with
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A. Arguably.
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respect to these cases, correct?
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Q. (BY MR. PORZAK) What is the
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A. That's correct.
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argument?
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Q. And you're the person in charge of
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A. There's this
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these applications on behalf of the Colorado
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MR. CYRAN: Objection to foundation.
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Water Conservation Board, correct?
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A. -- little known phrase called
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A. In large part, yes, that's correct.
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expressio unus, dah, dah, dah, dah, dah, dah,
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Q. And are you telling me that prior to
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where the listing of one to the exclusion of
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authorizing the filing of the most recent motion
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others permits it to the one, and I think that's
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that you did not review the statutory language
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more clearly stated in the motion that was
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of beneficial use?
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recently filed by the board.
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A. No, that's not what I'm telling you.
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Q. (BY MR. PORZAK) The statute has
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Q. Are you telling me that prior to the
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express language that the listing of water
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filing, you did not know whether or not the
Page 79
Page 81
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rights is not meant to be an exclusionary list,
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statute had words to the effect, "including
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does it not?
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without limitation"?
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A. I don't know that it does.
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A. That's not what I'm saying.
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Q. It doesn't?
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Q. What are you saying, then?
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A. I don't know that it does.
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A. I'm saying I can't tell you today
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Q. It has words to the effect,
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absolutely, without looking at the statute, what
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"including without limitation," does it not?
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the statute says.
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MR. CYRAN: Objection to foundation.
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Q. At the time the motion was filed and
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A. I would need to look at the statute
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you authorized the filing of that motion, had
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to be certain of that.
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you read the statute?
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Q. (BY MR. PORZAK) You've never looked
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A. I have read the statute, yeah.
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at the statute prior to authorizing the filing
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Q. Did you know at the time you
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of the recent motions?
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authorized the filing of that motion whether or
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A. I've looked at the statute, yes, but
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not it had language, the statute -- the
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1 can't tell you today absolutely what the
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statutory definition of beneficial use had
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statute says.
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language to the effect that it was not an
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Q. Does the statute list municipal uses
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exclusionary list?
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of water?
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MR. CYRAN: Objection, foundation.
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MR. CYRAN: Objection to foundation.
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Objection, relevance. I think at some point
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A. I don't recall.
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that -- well, go ahead. Answer the question.
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Q. (BY MR. PORZAK) It doesn't, does
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THE DEPONENT: What was the
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it?
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question, again?
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A. I don't know that it does or it
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(The last question was read back.)
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doesn't.
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A. I don't recall, but I knew at the
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Q. Does that mean a municipal use of
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time that I authorized the filing of that
21 (Pages 78 to 81)
I Esquire Deposition Services [phone]