Laserfiche WebLink
Application for Water Rights of the Eagle River Water & Sanitation <br />March 12, 2002 <br />Ted Kowalski <br />Page 94 <br />Page 96 <br />I <br />the requisite intent to appropriate the water <br />1 <br />either. <br />2 <br />they have claimed in connection with the Vail <br />2 <br />In the testimony or in the expert <br />3 <br />white-water course? <br />3 <br />reports of the experts, they've stated that <br />4 <br />A. I don't believe that we're disputing <br />4 <br />there is no natural environment because of the <br />5 <br />that the Eagle River Water & Sanitation District <br />5 <br />building of these structures, and to the extent <br />6 <br />has the requisite intent. <br />6 <br />that that statement is true, removal of those <br />7 <br />Q. Does then the CWCB admit that <br />7 <br />structures would be a term and condition that I <br />8 <br />Breckenridge has formed the requisite intent to <br />8 <br />believe would protect the CWCBs instrearn. flow <br />9 <br />obtain the claimed water right? <br />9 <br />water right from injury. <br />10 <br />A. Assuming that they can get this type <br />10 <br />Q. In the materials that you brought <br />11 <br />of water right, yes, they -- we don't dispute <br />11 <br />today pursuant to the subpoena duces; tecum, you <br />12 <br />that Breckenridge has formed the requisite <br />12 <br />have a number of documents in -- relating to <br />13 <br />intent. <br />13 <br />Eagle County District Court Case No. 2000CV322 <br />14 <br />Q. Does the CWCB then admit that the <br />14 <br />in the matter of the Village Center Association <br />15 <br />Eagle River Water & Sanitation District has <br />15 <br />versus the Town of Vail and others, correct? <br />16 <br />formed the requisite intent to obtain the <br />16 <br />A. Yes, that's correct. <br />17 <br />claimed water right? <br />17 <br />Q. Do you intend to offer any testimony <br />18 <br />A. I would say the same answer. <br />18 <br />with respect to any of those documents? <br />19 <br />Q. Have you or anyone with the Colorado <br />19 <br />MR. CYRAN: Objection to form. Is <br />20 <br />Water Conservation Board reviewed <br />20 <br />it Ted or the CWCB? <br />21 <br />Mr. Williamsen's hydrology reports? <br />21 <br />MR. PORZAK: Well, let's say Ted at <br />22 <br />A. Yes, I've reviewed those. <br />22 <br />this juncture. <br />23 <br />Q. Do you -- do you or the CW -- <br />23 <br />A. I don't know. That's ultimately a <br />24 <br />anybody within the CWCB disagree with his <br />24 <br />decision of counsel, and ... <br />25 <br />findings that water is available for <br />25 <br />Q. (BY MR. PORZAK) Same question with <br />Page 95 <br />Page 97 <br />1 <br />appropriation in the amounts claimed in <br />1 <br />respect to anybody within the CWCB. <br />2 <br />connection with the Breckenridge course? <br />2 <br />A. Again, that's a determination that <br />3 <br />A. I don't believe we dispute the <br />3 <br />counsel will have to make. <br />4 <br />amounts sought are available for appropriation. <br />4 <br />Q. If you or anyone with the CWCB <br />5 <br />Q. Same question with respect to the <br />5 <br />intends to offer testimony with respect to those <br />6 <br />Vail white-water course. <br />6 <br />documents, what testimony would you offer? <br />7 <br />A. And I would say the same answer. <br />7 <br />A. I think there are statements in <br />8 <br />Q. What terms and conditions does the <br />8 <br />those documents that talk about whether these <br />9 <br />CWCB contend are necessary to protect the CWCBs <br />9 <br />drop structures are structures or not. There's <br />10 <br />water rights? <br />10 <br />statements in there, these documents, about <br />11 <br />A. In the Vail case? <br />11 <br />whether the channel is altered or changed. And <br />12 <br />Q. In the Vail case. <br />12 <br />then there's some other statements in there that <br />13 <br />A. I don't know. <br />13 <br />may be relevant that I'm not thinking of at this <br />14 <br />Q. Is the only term and condition that <br />14 <br />exact moment. <br />15 <br />would be acceptable to the CWCB with respect to <br />15 <br />Q. Do you have any specific knowledge <br />16 <br />both the Breckenridge and Vail white-water <br />16 <br />yourself as to whether or not any of the <br />17 <br />courses the dismissal of both those applications <br />17 <br />statements contained in the documents you <br />18 <br />or withdrawal of those applications? <br />18 <br />provided are true or accurate? <br />19 <br />A. On the Breckenridge case, I don't <br />19 <br />A. I don't have any personal knowledge <br />20 <br />believe that we're asserting injury to our CWCB <br />20 <br />about that, no. <br />21 <br />instream flow, so I don't know that that would <br />21 <br />Q. Do you have any specific knowledge <br />22 <br />be an appropriate term and condition with regard <br />22 <br />or expertise with respect to the Town of Vail <br />23 <br />to the Breckenridge case. <br />23 <br />code? <br />24 <br />On the Vail case, I don't know if <br />24 <br />A. I've looked at the Town of Vail <br />25 <br />that term and condition would be appropriate, <br />25 <br />code. <br />25 (Pages 94 to 97) <br />Esquire <br />Deposition Services <br />(303) 316-0330 <br />