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DISTRICT COURT, WATER DIVISION 5 <br />COLORADO <br />109 S Street, Suite 104 <br />Glenwood Springs, Colorado 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 />A, COURT USE ONLY <br />Ken Salazar, Attorney General <br />Case Numbers: OOCW259 and <br />John Cyran, #23144, Assistant Attorney General* <br />OOCW281 <br />1525 Sherman Street, 5 t ' Floor <br />Denver, CO 80203 <br />Division: 5 <br />(303) 866 -5358 <br />- <br />*Counsel of Record <br />NOTICE OF WITHDRAWAL OF WITNESS <br />Objectors Colorado Water Conservation Board (the "CWCB ") and the State and <br />Division Engineers (the "Engineers "), through their undersigned counsel, hereby submit <br />this Notice of Withdrawal of Witness. The CWCB and the Engineers state as follows: <br />1. The CWCB and the Engineers, through their Rule 26(a)(2) Expert Witness <br />Disclosures, originally named Rod Kuharich as an Expert Witness who would be <br />testifying at trial on behalf of the CWCB and the Engineers. <br />2. Based upon their evaluations of the evidence, the CWCB and the <br />Engineers believe it will be unnecessary to call Mr. Kuharich as either an expert or as a <br />factual or lay witness. Accordingly, the CWCB and the Engineers have negotiated an <br />agreement with the applicants whereby the CWCB and the Engineers have agreed not to <br />call Mr. Kuharich as a witness, and the applicants have agreed not to depose Mr. <br />Kuharich. A copy of a letter from the CWCB and the Engineers to the applicants <br />outlining this agreement is attached hereto as Appendix A. <br />3. By this Notice, the CWCB and the Engineers wish to inform the court of <br />this agreement regarding Mr. Kuharich, and further to notify the court that, provided the <br />