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 6
Page 8
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interests at trial.
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the Blue River or the Gore Creek.
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(Deposition Exhibits 18 and 19 were
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Q. Okay. And how about expertise on
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marked.)
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matters of hydrology?
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Q. I hand you that which has been
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A. I don't believe that I'm going to be
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marked as Deposition Exhibit 18. Can you
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providing expert opinion testimony with regard
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identify that document?
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to hydrology in these matters.
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A. Yes. This was a statement of
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Q. How -- same question with respect to
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opposition that the attorney general's office
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expertise or do you intend to offer opinion
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filed on behalf of the Colorado Water
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testimony on the construction, operation, and
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Conservation Board in the Eagle River
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design of boating or white-water courses?
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Water & Sanitation District in Division 5,
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A. I don't have any expertise with
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Case No. OOCW259.
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regard to the construction of white-water
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Q. And I hand you that which has been
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courses.
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marked as Deposition Exhibit 19. Can you
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Q. Okay. And do you have any expertise
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identify that document?
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on the design capacity of either the
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A. Yes. This is the statement of
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Breckenridge or the Vail white-water courses?
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opposition that the attorney general's office
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A. What do you mean by design capacity?
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filed on behalf of the CWCB in Case No. OOCW281
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Q. Do you know what design capacity is?
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the Town of Breckenridge.
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A. I believe it would be the capacity
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Q. And are you authorized to speak on
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for which a structure is designed.
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behalf of the Colorado Water Conservation Board
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Q. Okay. And do you have any expertise
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with respect to its statements of opposition in
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or do you intend to give any opinion testimony
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these two cases?
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with respect to that design capacity of the
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A. Yes, I am.
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Breckenridge and Vail white-water courses?
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Q. Do you intend to offer any opinion
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A. I don't believe I'm going to be
Page 7
Page 9
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testimony on behalf of the Colorado Water
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giving expert testimony with regard to the
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Conservation Board statements of opposition in
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design capacities in either of these two cases.
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either of these cases?
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Q. Do you intend to give any opinions,
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A. I may be asked to offer testimony
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render any opinions with respect to the ability
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regarding these statements of opposition, yes.
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of the structures that comprise either the
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Q. Okay. I -- my question was actually
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Breckenridge or Vail white-water courses to
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directed at this point with respect to opinion
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control the flow of water?
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testimony. Are you going to be qualified as an
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MR. CYRAN: Objection to form.
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expert or seek to be qualified as an expert and
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Glenn, I'm just concerned. Sometimes when you
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offer any expert testimony?
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say "opinion," you don't say, "expert
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A. Sure. I'm not qualified to --
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opinion"
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pursuant to 26(a)(2) to testify as an expert
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MR. PORZAK: Okay.
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opinion in either of these cases.
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MR. CYRAN: -- and he could offer a
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Q. Okay. So you have no particular
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lay opinion, but
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expertise or background that would offer --
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MR. PORZAK: I'm
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enable you to offer opinion testimony on water
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A. Certainly
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rights administration matters?
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MR. CYRAN: you want to clarify
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A. I wouldn't say that I have no
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that.
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expertise, but I'm not qualified to testify as
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Q. (BY MR. PORZAK) With that
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an expert in these two cases.
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clarification
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Q. How about with respect to expertise
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MR. CYRAN: Go ahead.
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on the water rights regime on either Gore Creek
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Q. (BY MR. PORZAK) -- my question is
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or the Blue River?
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directed at expert opinion.
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A. I don't believe I have expertise
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A. Certainly. I did not file a
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with regard to water rights administration on
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26(a)(2) with regard to providing expert opinion
3 (Pages 6 to 9)
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