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 134
Page 136
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A. We didn't at that time discuss what
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WHEREUPON, the within proceedings
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1 was going to testify about.
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were concluded at the approximate hour of
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Q. Did you discuss subsequently with
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1:58 p.m. on March 12, 2002.
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him what you were going to testify about?
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1 do hereby certify that I have read
the foregoing deposition and that the same is a
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A. I may have discussed not subsequent
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true and accurate transcript of my testimony,
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to that conversation, but in conversation with
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except for attached amendments, if any.
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him and legal counsel about what I may testify
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and he may testify about.
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Q. Has Mr. Knox told you after his
TED KOWALSKI
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deposition that he was not going to testify in
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No changes ()Amendments attached
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this case?
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A. No.
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SUBSCRIBED AND SWORN TO before me
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Q. Have you been advised that
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this day of 1 2002.
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Mr. Knox -- by anybody that Mr. Knox is not
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going to testify in this case?
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MR. CYRAN: Objection to anything,
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NOTARY PUBLIC
Address
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any -- in any respect that a question would call
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for disclosure of attorney-client privileged
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My Commission Expires
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information.
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A. Then I should not answer.
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MR. CYRAN: And should not answer
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with respect to that. Any other conversations
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or -- you may answer.
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A. I have not discussed this with
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anyone other than my counsel and Mr. Knox in
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Page 135
Page 137
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conversation.
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CERTIFICATION
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Q. (BY MR. PORZAK) Well, you do have a
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duty to disclose -- update your disclosures, and
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1, Diane K. Scholl, Registered
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if a determination has been made to change your
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Professional Reporter, appointed to take the
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disclosures as to who your witnesses are going
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deposition of
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to be, that -- that's something we're certainly
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TED KOWALSKI,
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entitled to.
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certify that before the deposition the deponent
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A. Sure. I believe that our
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was duly sworn to testify to the truth; that the
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disclosures are accurate. They say that Ken
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deposition was taken by me on March 12, 2002;
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Knox may testify.
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then reduced to typewritten form, by means of
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Q. What evidence do either you or the
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computer-aided transcription; that the foregoing
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CWCB possess that the courses cannot operate
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is a true transcript of the questions asked,
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optimally at the requested flow rates?
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testimony given, and proceedings had.
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A. The evidence that I have indicated
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1 further certify that I am not
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before, testimony and expert reports of the
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related to any party herein or their counsel and
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applicants, as well as subsequent -- or as well
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have no interest in the result of this matter.
IN WITNESS WHEREOF, I have hereunto
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as testimony that Alan Martellaro or Ken Knox
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set my hand March 19, 2002.
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may provide based upon review of the applicants'
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expert reports and their testimony.
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MR. PORZAK: No other questions.
Diane K. Scholl
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MR. CYRAN: Thank you.
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Registered Professional Reporter
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Proofread by: S. Barrette
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35 (Pages 134 to 137)
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