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Rule 25(a)(2) Expert Witness Disclosure of Opposers: Animas Water Comany, Animas Consolidated Ditch Company, Edwin Zink, Michael Smead, and Edna Kennedy
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Rule 25(a)(2) Expert Witness Disclosure of Opposers: Animas Water Comany, Animas Consolidated Ditch Company, Edwin Zink, Michael Smead, and Edna Kennedy
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7/29/2010 12:34:20 PM
Creation date
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Water Supply Protection
Description
Durango RICD
State
CO
Basin
San Juan/Dolores
Water Division
7
Date
1/4/2007
Author
McDaniel, Baty, Miller, Argo & Robbins LLC; Nancy Argo
Title
Rule 25(a)(2) Expert Witness Disclosure of Opposers: Animas Water Comany, Animas Consolidated Ditch Company, Edwin Zink, Michael Smead, and Edna Kennedy
Water Supply Pro - Doc Type
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other uses in the future upstream of the RICD, insufficient water will remain available in the <br />Animas and its tributaries for other future uses such as agricultural, domestic and commercial. <br />Those needing dependable water supplies will first need to seek and obtain approval of a Water <br />Court approved augmentation plan. Some amount of current non - decreed uses will also be <br />eliminated or require development of augmentation plans. <br />Water flow gages for large amounts of water in the stream such as the RICD sites, <br />measure accurately within 5% to 10% of the water flows. For this reason the flow rates claimed <br />by the Applicant, particularly at the higher flows of 1200 to 1400 cfs, will only be accurate plus <br />or minus 60 to 140 cfs at the highest flow and 9 to t8 cfs at the lowest flows. Use of water for <br />future projected domestic, commercial and other uses upstream within La Plata County consume <br />very small amounts of water in comparison to the claimed flows of the RICD and have limited <br />future potential to measurably impair the use of the flows due to the limited land area available <br />for development within the county upstream of the RICD. <br />The limitation of the RICD to 12 hours per day, while a benefit to upstream potential <br />water users, is of limited utility because most uses, such as domestic and commercial require <br />water availability 24 hours per day and most of the irrigation uses occur during the 12 hours that <br />the RICD would be utilized. While storage of water can be constructed, cycling diversions so <br />that the depletions occur at the RICD during nighttime hours only is very labor intensive and of <br />limited use in making water available for other uses. <br />These opinions are based upon study of water rights and water right administration on the <br />Animas River, physical inspection of the RICD corridor and upstream reaches, data available <br />through the State Division of Water Resources, City of Durango, La Plata County and <br />Southwestern Water Conservation District. <br />Mr. Stenzel may also provide expert testimony at trial. as necessary in response to or in <br />explanation of expert opinions and /or testimony disclosed prior to or given at trial by applicant <br />experts, including the necessity for additional terms and conditions proposed by any party. <br />1vlr. Stenzel will be compensated at his regular hourly rate for his testimony in this matter. <br />Mr. Stenzel's qualifications, publications within the preceding 10 years, and expert testimony <br />within the preceding four years are as stated on his resume, a copy of which is attached to these <br />disclosures. <br />
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