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
29 (Pages 110 to 113)
Esquire Deposition Services [phone]
Page 110
Page 112
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courses, to the extent that that would be
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Q. (BY MR. PORZAK) And you have no
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operating it.
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knowledge as to the amount of water that
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Q. You've gone through the Boulder
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provides a reasonable recreational experience
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course --
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with respect to either of the Vail or
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A. Right.
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A. Breckenridge.
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Q. -- is that correct?
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Q. -- Breckenridge courses; is that
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A. Right.
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correct?
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Q. And you do not intend to testify on
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A. I have some knowledge, but no expert
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the issue of what amount of water would be
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testimony that III be giving in that regard,
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reasonable; is that correct?
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that's correct.
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A. I may offer an opinion as to what
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Q. Would you agree that every
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amount is reasonable and appropriate.
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recreational boating right is unique?
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Q. But that opinion would be a lay
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MR. CYRAN: Objection, foundation.
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opinion; is that correct?
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A. I believe every one that I've seen
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A. That's correct.
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so far is unique, yes.
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Q. You have no independent knowledge of
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Q. (BY MR. PORZAK) Would you agree
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the design capacity of the -- either the
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that there's no standard quantification as to
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Breckenridge or the Vail courses; is that
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the amount of water that may be reasonable with
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correct?
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respect to a given boating course?
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A. I have just the evidence that I've
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MR. CYRAN: Objection, foundation.
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reviewed.
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A. I think there could be some
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Q. But you have no independent
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standard, but it wouldn't be a specific number
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knowledge of the design capacity of either the
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that applies across the board. It would be a
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Breckenridge or Vail
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standard methodology to come at that number.
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A. No.
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Q. (BY MR. PORZAK) And would you agree
Page ill
Page 113
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Q. courses; is that correct?
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that what amount is reasonable or what amount is
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A. I think that's correct, no
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beneficially used is fact-driven?
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independent knowledge.
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MR. CYRAN: Objection, foundation.
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Q. And you've performed no engineering
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A. Is
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on -- no engineering examination of either the
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Q. (BY MR. PORZAK) Fact-driven.
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Breckenridge or Vail courses; is that correct?
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A. I believe it's a question of fact
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MR. CYRAN: Let me just object to
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and law.
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form, again. This "you," I assume, is Ted
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Q. But in order to determine the law,
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Kowalski, and not --
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you'd have to know what the particular facts are
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MR. PORZAK: Yes.
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in a given case, correct?
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MR. CYRAN: Okay.
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A. Well, perhaps, if I was to determine
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A. Yes, I've performed no engineering
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that these types of water rights could not be
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analysis of those courses.
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granted, then that would just be legally driven,
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Q. (BY MR. PORZAK) And you do not
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but to the extent that they could be granted,
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intend to rebut any of the opinions expressed in
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the facts might be relevant, yes.
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Mr. Lacy's disclosures with respect to the
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Q. Do you admit that the claimed water
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Breckenridge or Vail courses; is that correct?
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rights in connection with both the Breckenridge
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MR. CYRAN: Objection, form. Just
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and Vail white-water courses are nonconsumptive?
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clarify it's Ted Kowalski.
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MR. CYRAN: Object to the
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MR. PORZAK: It's all these are
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foundation.
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Ted Kowalski.
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A. I don't know the answer to that.
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MR. CYRAN: Okay. Thank you. 1
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Q. (BY MR. PORZAK) Is it the CWCB's
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appreciate that.
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position that the water rights claimed in
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A. I may offer testimony with regard to
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connection with the Breckenridge and Vail
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that, but not expert testimony, that's correct.
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courses consume water?
29 (Pages 110 to 113)
Esquire Deposition Services [phone]