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DISTRICT COURT, WATER DIVISION 5, STATE OF <br />COLORADO <br />109 - 8th Street, Suite 104 <br />Glenwood Springs, CO 81601 <br />CONCERNING THE APPLICATION FOR WATER <br />RIGHTS OF THE EAGLE RIVER WATER AND <br />SANITATION DISTRICT, <br />IN EAGLE COUNTY, COLORADO. <br />AND <br />CONCERNING THE APPLICATION FOR WATER <br />RIGHTS OF THE TOWN OF BRECKENRIDGE, <br />IN SUMMIT COUNTY, COLORADO. <br />COURT USE ONLY <br />Ken Salazar, Attorney General <br />Case No.: OOCW259 and <br />Susan J. Schneider, 19961, Assistant Attorney General* <br />OOCW281 <br />John Cyran, 23144, Assistant Attorney General* <br />Shana Smilovits, 32186, Assistant Attorney General * <br />Div.: 5 <br />1525 Sherman Street, 5 th Floor <br />Denver, CO 80203 <br />(303) 866 -3782 <br />*Counsel of Record <br />MOTION TO QUASH OR MODIFY SUBPOENA <br />Objectors the Colorado Water Conservation Board and the State and Division <br />Engineers (collectively, the "State "), through undersigned counsel, reluctantly file this <br />Motion to Quash or Modify Subpoena. The State recognizes the Court's time constraints in <br />ruling on pre -trial motions. However, the State prays the Court will recognize the <br />compelling circumstances requiring.the State to bring this matter to the Court's attention. <br />I. BACKGROUND. <br />1. On April 5, 2002, Counsel for all parties submitted Proposed Trial <br />Management Orders in each of these matters. In their witness lists attached to these orders, <br />Applicants Eagle River Water and Sanitation District and the Town of Breckenridge <br />(collectively, the "Applicants ") stated that they planned to call Assistant State Engineer, Mr. <br />{ r --,Fi <br />