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Kenneth Knox, as a hostile witness for approximately one -half to one hour in each case. <br />(Please see Applicants' Witness Lists, attached hereto as Exhibit A.) <br />2. On April 10, 2002, the State received a subpoena for Mr. Knox to appear as a <br />witness from May 6 through May 10, 2002. Counsel for the State immediately notified <br />counsel for the Applicants that Mr. Knox had previous responsibilities on behalf of the State <br />of Colorado on May 7 and May 10, 2002, but that Mr. Knox would be available May 6, 8, 9, <br />13 and 14, 2002. <br />3. On both May 7 and May 10, 2002, Mr. Knox must appear in his official <br />capacity as Assistant State Engineer. Mr. Knox in a unique position regarding both of these <br />appearances. <br />4. On May 7, 2002, Mr. Knox must appear in Pueblo, Colorado to give testimony <br />for the public rulemaking hearing for the Arkansas River Water Bank Pilot Program. The <br />notice for this rulemaking was published in the Colorado Register, and originally required <br />Mr. Knox's presence for both days of this two -day hearing. (Please see Notice of <br />Rulemaking, attached hereto as Exhibit B). The schedule for the rulemaking has been re- <br />arranged to accommodate the trials in these matters by requiring Mr. Knox's presence for <br />only one day out of the two -day hearing. <br />5. On May 10, 2002, Mr. Knox must attend a meeting in Alamosa of the Costilla <br />Creek Compact Commission. Mr. Knox has served as Colorado's Compact Coordinator for <br />four years, and has unique knowledge and experience regarding these matters. (Please see <br />Notice of Annual Meeting for the Costilla Creek Compact Commission, attached hereto as <br />Exhibit Q. The Costilla Creek Compact Commission meeting has urgent interstate <br />implications, and Mr. Knox's presence at this meeting, which must occur prior to the May 16 <br />start of the irrigation season, is necessary. <br />6. Due to Mr. Knox's previously scheduled appearances, Counsel for the State <br />requested that Mr. Knox's subpoena be limited to those three days he would be able to attend <br />the trial. Counsel for Applicants initially indicated they would accommodate Mr. Knox's <br />schedule, since Counsel only required Mr. Knox's testimony for one -half to one hour in each <br />case. <br />7. In a letter dated April 23, 2002, applicants' counsel noted their prior <br />willingness to accommodate Mr. Knox's schedule. (Please see April 23, 2002 letter from <br />Mr. Steve Bushong, attached hereto as Exhibit D at ¶2). However, in their April 23, 2002 <br />letter, applicants' counsel note that they now apparently have reconsidered their earlier <br />willingness to accommodate. Applicant's counsel now feel they will be unable to arrange <br />their trial schedule to fit Mr. Knox's one -half to one hour of testimony per trial within the <br />2 <br />