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 82
Page 84
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motion.
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efficiently could have accomplished the same
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Q. (BY MR. PORZAK) Does the CWCB, claim
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purposes.
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that the water controlled by the Breckenridge
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Q. What evidence does the CWCB or you
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and Vail white-water courses is not being used
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have that the course structures were not
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for recreation purposes?
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designed efficiently?
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MR. CYRAN: Objection, form.
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A. That -- the evidence that I've
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A. We're not contending that the claims
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referred to earlier in this deposition.
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are being used for recreational purposes.
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Q. Which is what?
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Q. (BY MR. PORZAK) Does the CWCB claim
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A. The deposition testimony of Gary
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that the Breckenridge and Vail courses waste
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Lacy that the structures could have been
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water?
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constructed differently and accomplish the same
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A. CWCB does contend that.
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purposes with lower flow amounts, and perhaps
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Q. How much water does it claim is
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deposition -- or perhaps testimony of Alan or
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being wasted?
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Ken.
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A. I believe that's a determination
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Q. Does the CWCB; have an amount that it
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ultimately to be made by the water court.
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believes would be reasonable for the
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Q. Does the CWCB; intend to offer any
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Breckenridge and Vail white-water courses?
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evidence as to the amount of water it believes
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A. I don't believe that the board has a
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is being wasted?
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specific amount that it believes is reasonable
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A. I don't know specifically. It's
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and appropriate to accomplish the uses. It's
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ultimately a decision for -- of counsel.
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ultimately a decision to be made by the water
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Q. Do you have any evidence that the
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court.
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Breckenridge and Vail courses waste water?
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Q. Do you or anyone else with the CWCB;
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A. There's the evidence that I've
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intend to offer guidance to the Court as to what
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referred to earlier in this deposition.
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amount it believes or what amount you believe
Page 83
Page 85
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Q. Do you have any evidence as to the
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would be reasonable?
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amount of water that is being wasted by the
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A. I or the CWCB may offer testimony as
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Breckenridge and Vail courses?
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to what an amount should be that's reasonable
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MR. CYRAN: Objection to form. It's
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and appropriate, but I don't know of a specific
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unclear whether you're referring to you, Ted
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amount that I or the CWCB would advance at this
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Kowalski, or you, the CWCB.
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time.
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Q. (BY MR. PORZAK) I'm referring to
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Q. Just for the record, if there is
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y on, Ted Kowalski, at this juncture.
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going to be testimony as to an amount, then we
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A. The evidence that we would have
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want the right to
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would be only the evidence that I've referred to
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MR. CYRAN: To get that amount.
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earlier in the deposition.
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MR. PORZAK: -- reconvene the
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Q. But you have no expertise as to what
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deposition as to acquire it.
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amount of water is wasted, correct?
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MR. CYRAN: You mean from Ted?
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A. That -- that's absolutely correct.
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MR. PORZAK: You bet. I mean, if
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Q. Does the Colorado Water Conservation
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the CWCB's going to offer evidence as to an
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Board contend that the amount of water claimed
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amount, but it does not have an amount at this
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by the Breckenridge and Vail courses are
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juncture, then that's a supplement to its
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unreasonable?
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disclosures, it's a supplement to its
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A. Yes, the board contends that.
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interrogatory answers, and I have a right to
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Q. What's the basis of that contention?
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certainly inquire as to that.
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A. The basis of that contention is, in
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MR. CYRAN: Okay.
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part, the flow amounts sought, the flow amounts
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MR. PORZAK: Should
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that have occurred or do occur on those
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MR. CYRAN: Before we convene, give
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stretches of the river, the amounts that if
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me a few minutes to discuss this with Ted, and
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those structures had been designed more
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then we'll get back on.
22 (Pages 82 to 85)
Esquire
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