First Set of Interrogatories, Requests for Admissions and Requests for Production of Documents to Applicant

• Description: Case No. 00CW281 Breckenridge RICD
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 1/29/2002
• Author: Mark T. Pifher, Trout, Witwer & Freeman, P.C.
• Title: First Set of Interrogatories, Requests for Admissions and Requests for Production of Documents to Applicant
• Water Supply Pro - Doc Type: Court Documents

18. Please admit that the application does not seek to impound or store water for the
identified recreational purposes.
19. If your response to the preceding request for admission is anything other than an
unqualified admission, please state the factual basis for your response.
20. Please identify the minimum flow rates at which you contend the identified structures
begin to create whitewater features for the use of the contemplated boating activities. Explain the
factual basis for your response.
21. Please admit that the Whitewater Park could be redesigned so as to create comparable
whitewater features for use by boaters at lower flow rates.
22. If your response to the preceding request for admission is anything other than an
unqualified admission, please state the factual basis for your response.
23. Please identify the factual basis for your claim of a "piscatorial" beneficial use.
24. Please identify with particularity the "other recreational uses" as referenced in the
application, along with the factual basis for the amounts of water sought for such uses.
B. Request for Production of Documents.
1. Please produce all documents identified in response to any of the preceding discovery
requests.
2. Please produce all documents related or pertaining to the final design of the
whitewater course.
3. Please produce all documents, including historic flow records, upon which you relied
in establishing the requested flow amounts.
4. Please produce all documents related to those calculations made by or on behalf of
applicant to determine the requested flow amounts.
5. Please produce all documents which relate to:
a. The amount of water necessary to utilize the Whitewater Park for its intended
recreational purpose;
b. The intended time of day and season of use for the Whitewater Park; and
C:\ DATA \Piflier\HOMESTAK \OOCW281\First Interrogs.wpd 6
January 29, 2002 (3:15 pm)