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Application for Water Rights of the Eagle River Water & Sanitation <br />March 12, 2002 <br />Ted Kowalski <br />Page 26 <br />Page 28 <br />1 <br />water was appropriated for a recreational use <br />1 <br />the purposes of these two cases, he's not <br />2 <br />without being impounded, then that would be an <br />2 <br />necessarily qualified as a 30(b)(6) <br />3 <br />improper use of water according to the Colorado <br />3 <br />representative to speak as to the board's <br />4 <br />Water Conservation Board? <br />4 <br />position with respect to snow - making, and so I <br />5 <br />A. Yes. <br />5 <br />guess that's a foundation objection, is what I <br />6 <br />Q. I take it from that answer that <br />6 <br />should say. <br />7 <br />prior to Senate Bill 213, the Colorado Water <br />7 <br />Q. (BY MR. PORZAK) Okay. Go ahead and <br />8 <br />Conservation Board believes the use of water to <br />8 <br />answer. <br />9 <br />manufacture artificial snow to create a <br />9 <br />A. I believe I did say that prior to <br />10 <br />recreational ski experience is an improper use <br />10 <br />Senate Bill 216, a -- the seeking of a water <br />11 <br />of water? <br />11 <br />right for recreational use that does not impound <br />12 <br />MR. CYRAN: Objection to form. <br />12 <br />the water would be improper, except to the <br />13 <br />A. A couple -- <br />13 <br />extent that it's an incidental use. <br />14 <br />MR. CYRAN: You meant 216, not -- <br />14 <br />Q. And what is considered an incidental <br />15 <br />A. You said 213. <br />15 <br />use? <br />16 <br />Q. (BY MR. PORZAK) 216. Right. <br />16 <br />A. I believe there may be decrees out <br />17 <br />A. Right. You said 213. You meant <br />17 <br />there for a ditch that runs through a golf <br />18 <br />216. But I think the water conservation board <br />18 <br />course, for example, where the water user may <br />19 <br />would believe that that isn't an improper use, <br />19 <br />have claimed a recreational use, and I think <br />20 <br />because that is not a recreational use. Rather, <br />20 <br />that would be an incidental use, for example. <br />21 <br />I believe it's decreed for either commercial or <br />21 <br />Q. Is it the position of the Colorado <br />22 <br />industrial use, which would be a recognized use <br />22 <br />Water Conservation Board that the diversion and <br />23 <br />according to the Colorado Water Conservation <br />23 <br />use of water for snow - making is a recreational <br />24 <br />Board. <br />24 <br />use of water? <br />25 <br />Q. If the use of water for snow - making <br />25 <br />MR. CYRAN: Same objection as to <br />Page 27 <br />Page 29 <br />1 <br />is not an industrial or commercial use according <br />1 <br />foundation. <br />2 <br />to the decree, is it the position of the <br />2 <br />A. As I said before, I believe that the <br />3 <br />Colorado Water Conservation Board that such a <br />3 <br />diversion of water for the use of snow - making <br />4 <br />use would be improper? <br />4 <br />would qualify as a commercial or an industrial <br />5 <br />A. If it is decreed for that, the board <br />5 <br />use of water. <br />6 <br />would recognize that decree as res adjudicata, <br />6 <br />Q. (BY MR. PORZAK) Do you know of any <br />7 <br />and -- <br />7 <br />instance where water adjudicated for snow - making <br />8 <br />Q. Is it the position of the Colorado <br />8 <br />is actually termed an industrial or commercial <br />9 <br />Water Conservation Board that the initiation of <br />9 <br />use of water? <br />10 <br />new appropriations for snow - making is a <br />10 <br />A. I cannot give you a specific <br />11 <br />recreational use of water that would fall under <br />11 <br />example, but it would not surprise me if that's <br />12 <br />the requirements of Senate Bill 216? <br />12 <br />the use according to a number of decrees. <br />13 <br />A. I don't believe the board would <br />13 <br />Q. But you know of no decree where that <br />14 <br />agree that the initiation of a new appropriation <br />14 <br />is the use accorded? <br />15 <br />for snow - making would fall within Senate Bill <br />15 <br />A. I can't give you a specific example, <br />16 <br />216, because it's not an in- channel recreational <br />16 <br />no. <br />17 <br />diversion. <br />17 <br />Q. Is not the end use of water diverted <br />18 <br />Q. I believe you told me a moment ago <br />18 <br />to make snow a recreational experience? <br />19 <br />that it was the position of the Colorado Water <br />19 <br />A. I think it is a recreational <br />20 <br />Conservation Board that prior to Senate Bill <br />20 <br />experience associated with a commercial industry <br />21 <br />216, any recreational use of water that was not <br />21 <br />or industrial industry, yes. <br />22 <br />impounded was improper, correct? <br />22 <br />Q. If a fee was charged to use either <br />23 <br />MR. CYRAN: I'm going to object to <br />23 <br />the Breckenridge or Vail white -water courses, <br />24 <br />asked and answered, and also object that while <br />24 <br />would that use then become a commercial or an <br />25 <br />he's qualified as a 30(b)(6) representative for <br />25 <br />industrial use? <br />8 (Pages 26 to 29) <br />Esquire Deposition Services <br />(303) 316 -0330 <br />