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 18
Page 20
1
structures. That's it.
I
Q. (BY MR. PORZAK) Was there anything
2
Q. And did you conduct any stream flow
2
different about the creek that would cause
3
measurements when you performed your examination
3
boaters to utilize that stretch of the river?
4
of the Breckenridge course?
4
A. Well, there were the rock structures
5
A. No.
5
that were put in place
6
Q. Did you take any measurements of any
6
Q. And did
7
sort?
7
A. -- which was
8
A. No.
8
Q. Did the rock structures create
9
Q. Did you measure velocity?
9
white-water features that would cause one to
10
A. No.
10
boat?
11
Q. Did you measure any of the physical
11
MR. CYRAN: Objection, foundation.
12
attributes of any of the course structures?
12
A. The rock features may have caused
13
A. No.
13
the white-water features that would allow or
14
Q. Did you measure whether or not there
14
encourage one to boat, yes.
15
was any deflection of any water by the course
15
Q. (BY MR. PORZAK) Do you -- have you
16
structures?
16
ever kayaked yourself?
17
A. I did not physically measure that,
17
A. Yes.
18
but I observed whether there was deflection.
18
Q. When and where?
19
Q. And what did you observe?
19
A. A number of occasions on the Blue
20
A. I observed how the water was
20
River, on Bodo Creek, on the Colorado River,
21
deflected or how the water reacted to the rocks.
21
from 1995 to the present.
22
Q. Were there people boating on the
22
Q. Are you an avid kayaker?
23
course when you performed your observations of
23
A. I wouldn't say I'm an avid kayaker,
24
the Breckenridge course?
24
no.
25
A. On one occasion, there were people
25
Q. Have you ever kayaked the
Page 19
Page 21
I
boating on the Breckenridge course when 1
1
Breckenridge white-water course?
2
observed it.
2
A. No, I have not.
3
Q. And when was that?
3
Q. Have you ever kayaked the Vail
4
A. June 8th.
4
white-water course?
5
Q. Of when?
5
A. No, I have not.
6
A. Of 2001.
6
Q. Have you ever kayaked any
7
Q. And how many other times have you
7
white-water course?
8
been to the -- to the course since it's been
8
A. I've kayaked the Boulder Creek
9
constructed?
9
white-water course.
10
A. The Breckenridge course, I was there
10
Q. When was that?
11
in two other times since it was constructed.
11
A. A number of times in 1995, '96, '97,
12
Q. And when was -- when was that?
12
through the present.
13
A. Once in May of 2001, and once in
13
Q. Do you have any knowledge of how
14
November of 2001.
14
white-water course structures affect the flow of
15
Q. In 2001?
15
a creek or a stream to create a boating
16
A. 2001.
16
experience?
17
Q. When you were at the Blue River
17
A. I would say I have some limited
18
prior to course construction, were there any
18
knowledge of that.
19
boaters?
19
Q. So at this juncture, you're not
20
A. I don't recall seeing any boaters.
20
going to offer any expert opinions at trial; is
21
Q. Why is it that there were boaters in
21
that correct?
22
the stream reach where the Breckenridge course
22
A. That's a question, really, for my
23
is located when you were there in June of 2001?
23
attorney to determine, but to the extent we
24
MR. CYRAN: Objection, foundation.
24
haven't filed a 26(a)(2), I would suspect that
25
A. I don't know.
25
I'm not going to be offering any expert
6 (Pages 18 to 21)
Esquire Deposition Services
[phone]