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Application for Water Rights of the Eagle River Water & Sanitation <br />March 12, 2002 <br />Ted Kowalski <br />Page 14 <br />Page 16 <br />1 <br />Q. Let me inquire into your background. <br />1 <br />Q. In the specific area of the course? <br />2 <br />Do you have any engineering credentials? <br />2 <br />A. Yes, I've observed the specific area <br />3 <br />A. No, I have no engineering <br />3 <br />of the course prior to the construction. <br />4 <br />credentials. <br />4 <br />Q. And what was the -- what caused you <br />5 <br />Q. Do you have any background in <br />5 <br />to be there and actually examine that course <br />6 <br />construction? <br />6 <br />reach prior to January 2001? <br />7 <br />A. I have no background in <br />7 <br />A. I had occasion to visit Breckenridge <br />8 <br />construction. <br />8 <br />for personal reasons, skiing, biking, jogging, <br />9 <br />Q. Do you have any background in <br />9 <br />vacationing, and that's the reason. <br />10 <br />hydrology? <br />10 <br />Q. When you were examining or observing <br />11 <br />A. I have a limited background in <br />11 <br />the Blue River where the Breckenridge <br />12 <br />hydrology, mostly as it applies to water court <br />12 <br />white -water course is now located, were you, in <br />13 <br />cases, and in particular injury to water rights, <br />13 <br />fact, biking or jogging? <br />14 <br />specifically. <br />14 <br />A. Some of that time, yes. <br />15 <br />Q. When did you acquire that background <br />15 <br />Q. Was there ever an occasion where you <br />16 <br />in hydrology? <br />16 <br />actually stopped and looked at the stream and <br />17 <br />A. Just over the last six years as <br />17 <br />studied it, the river flows? <br />18 <br />serving as counsel to the CWCB and to the State <br />18 <br />A. I think there were occasions where 1 <br />19 <br />Engineer, and then my current role as serving at <br />19 <br />did stop and look at the river flows, yes. I <br />20 <br />the Colorado Water Conservation Board. <br />20 <br />remember one time in particular there was an <br />21 <br />Q. So I take it, then, you did not have <br />21 <br />Ultimate Frisbee Tournament right at that exact <br />22 <br />that background in hydrology at the time you <br />22 <br />site, and I remember looking at the river. <br />23 <br />observed the stretch of the Blue River where the <br />23 <br />Q. And is it your opinion that the <br />24 <br />course is now constructed? <br />24 <br />river that it existed -- well, when was that <br />25 <br />A. I had viewed it while I was <br />25 <br />date, or approximate time frame? <br />Page 15 <br />Page 17 <br />1 <br />developing some knowledge about hydrology, yes, <br />1 <br />A. That was in August of 1998. <br />2 <br />but ... <br />2 <br />Q. And is it now your opinion that the <br />3 <br />Q. So did you observe the area where -- <br />3 <br />Blue River that existed in August of 1998 is <br />4 <br />the area of the Blue River where the <br />4 <br />identical to the Blue River that exists today in <br />5 <br />Breckenridge course is now located prior to <br />5 <br />the stretch of the white -water course? <br />6 <br />course construction, but subsequent to the time <br />6 <br />THE DEPONENT: Could you read that <br />7 <br />that the Colorado Water Conservation Board filed <br />7 <br />question back. <br />8 <br />. its statement of opposition? <br />8 <br />(The last question was read back.) <br />9 <br />A. Prior to course construction, but <br />9 <br />A. I would say it's not identical. <br />10 <br />subsequent to the board's filing a statement of <br />10 <br />Q. (BY MR. PORZAK) And what <br />11 <br />opposition. I may have, but I don't recall a <br />11 <br />differences do you believe exist? <br />12 <br />specific date that I did, and no specific date <br />12 <br />A. Well, there are these rocks that <br />13 <br />comes to mind. <br />13 <br />were placed in that stretch, and takes -- to the <br />14 <br />Q. Let me ask this. When you first -- <br />14 <br />extent that there are those rocks, it's not <br />15 <br />when did you first become aware of the <br />15 <br />identical to the stretch of river that existed <br />16 <br />Breckenridge white - water course? <br />16 <br />prior to the placement of those rocks. <br />17 <br />A. In January of 2001. <br />17 <br />Q. And have you examined the course, <br />18 <br />Q. Did you examine the course area <br />18 <br />Breckenridge course, since it has been <br />19 <br />prior to January 2001? <br />19 <br />constructed? <br />20 <br />A. You use the word "examine," and I <br />20 <br />A. Yes, I have. <br />21 <br />have to say that, yes, I did examine it, <br />21 <br />Q. And what did that examination <br />22 <br />although I think I would choose a different <br />22 <br />consist of? <br />23 <br />word. I think I would say observe. I observed <br />23 <br />A. It consisted of looking at the <br />24 <br />the Blue River prior to the construction of the <br />24 <br />course, looking at the structures, taking photos <br />25 <br />courses -- the course. <br />25 <br />of the structures, and taking some video of the <br />5 (Pages 14 to 17) <br />Esquire <br />Deposition Services <br />(303) 316 -0330 <br />