Laserfiche WebLink
Application for Water Rights of the Eagle River Water & Sanitation <br />March 12, 2002 <br />Ted Kowalski <br />Page 130 <br />Page 132 <br />1 <br />provided by Alan Martellaro or Ken Knox after <br />1 <br />A. I can't respond -- recall specific <br />2 <br />reviewing the expert reports and listening to <br />2 <br />dates, but I know that I spoke with Mr. Knox a <br />3 <br />the testimony of the applicants' experts. <br />3 <br />couple of times, once just before he was coming <br />4 <br />Q. Is it a point -- possible that that <br />4 <br />up here for his deposition, I believe I gave him <br />5 <br />evidence you mentioned might point to a specific <br />5 <br />some photographs. I can't recall the other <br />6 <br />number less than that amount claimed by the <br />6 <br />time, but it was about this case in general, and <br />7 <br />applicant? <br />7 <br />I think it was -- and then the second -- or <br />8 <br />A. Yeah, that's true. <br />8 <br />the -- with Alan Martellaro, I've talked to him <br />9 <br />Q. And is that true for both cases? <br />9 <br />on the phone at least a couple of times about <br />10 <br />A. Yes. <br />10 <br />the case, and I can't recall specific dates. <br />11 <br />Q. Is there any -- do you know what <br />11 <br />Q. Have you spoken with either of them <br />12 <br />that specific number might be for either of the <br />12 <br />subsequent to having their depositions taken in <br />13 <br />two cases? <br />13 <br />these cases? <br />14 <br />A. I don't specifically know what that <br />14 <br />A. I don't recall having any specific <br />15 <br />number might be for either of the two cases. <br />15 <br />discussions with them after their depositions <br />16 <br />Q. Does the -- do you believe the CWCB <br />16 <br />were taken, no. <br />17 <br />will be able to produce evidence that the <br />17 <br />Q. What did -- first, Mr. Knox, what <br />18 <br />courses are not designed to operate optimally at <br />18 <br />was the nature of your conversations? <br />19 <br />400 cfs or 500 cfs? <br />19 <br />MR. CYRAN: I'm going to object if <br />20 <br />A. Yes, I think the CWCB could offer <br />20 <br />this conversation involves any attorney- client <br />21 <br />evidence in the form of the testimony and expert <br />21 <br />conversations. <br />22 <br />reports of the applicants' experts, as well as <br />22 <br />A. Yes, one -- one of the conversations <br />23 <br />testimony -- rebuttal testimony by Alan <br />23 <br />was with my counsel present about legal <br />24 <br />Martellaro or Ken Knox after reviewing the <br />24 <br />strategy, and another was without my counsel <br />25 <br />expert reports and listening to the testimony of <br />25 <br />present, and it was about the nature of certain <br />Page 131 <br />Page 133 <br />1 <br />the applicants' expert witnesses. <br />1 <br />photographs and about the Village Center <br />2 <br />MR. CYRAN: That's all I have. <br />2 <br />Association lawsuit. <br />3 <br />EXAMINATION <br />3 <br />Q. (BY MR. PORZAK) And what <br />4 <br />BY MR. PORZAK: <br />4 <br />specifically did you discuss with Mr. -- this <br />5 <br />Q. You indicated that the -- it is the <br />5 <br />was Mr. Knox? <br />6 <br />CWCB's position that neither courses control <br />6 <br />A. This was with Mr. Knox. <br />7 <br />water, correct? <br />7 <br />Q. -- with Mr. Knox about that lawsuit? <br />8 <br />A. That's right. <br />8 <br />A. I just -- <br />9 <br />Q. Do you or does anybody with the CWCB <br />9 <br />MR. CYRAN: And -- <br />10 <br />have any engineering or scientific data to prove <br />10 <br />A. -- provided him with the lawsuit <br />11 <br />this position? <br />11 <br />briefs. <br />12 <br />A. I believe that it is an item that <br />12 <br />Q. (BY MR. PORZAK) Did you discuss his <br />13 <br />has to be proven by the applicant, and we intend <br />13 <br />testimony? <br />14 <br />to hold them to strict proof. <br />14 <br />MR. CYRAN: I'm going to object. <br />15 <br />Q. That was not my question. Do you or <br />15 <br />I'm going to instruct you to answer the <br />16 <br />does anybody with the CWCB have any engineering <br />16 <br />question, Ted, but I am going to reserve our <br />17 <br />or scientific data to prove the CWCB's position <br />17 <br />right if, in fact -- if, in fact, we feel that <br />18 <br />of lack of control? <br />18 <br />we have a joint defense agreement with the -- <br />19 <br />A. We don't within the CWCB, but we may <br />19 <br />between the SEO and the CWCB to preserve our <br />20 <br />rely on testimony by Alan Martellaro or Ken Knox <br />20 <br />discussions as confident, but without waiver of <br />21 <br />to that effect. <br />21 <br />that right, allow Ted to answer this question. <br />22 <br />Q. Have you spoken with either Mr. Knox <br />22 <br />A. We didn't discuss what he's going to <br />23 <br />or Mr. Martellaro with respect to this case? <br />23 <br />testify about. <br />24 <br />A. Yes. <br />24 <br />Q. (BY MR. PORZAK) Did you discuss <br />25 <br />Q. When? <br />25 <br />what you're going to testify about? <br />34 (Pages 130 to 133) <br />Esquire <br />Deposition Services <br />(303) 316 -0330 <br />