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12. Justice Hobbs recused himself or did not participate in the Golden cases. <br />Attachment N is a true and correct copy of Justice Hobbs' Notice of Non - Participation in <br />Golden, and attachment O is a true and correct copy of the notice to the parties of Justice Hobbs' <br />non - participation in Breckenridge and Eagle River. <br />13. Justice Hobbs opined about Golden and his recusal therein in an interview with <br />Dan Drayer on Colorado Public Radio during the Colorado Matters program that aired on <br />August 28, 2003. I have listened to this interview in its entirety. One is able to listen to the <br />interview on the Colorado Public Radio website, which can be accessed at the following internet <br />address: http: / /cpr.org /co_ matters /. Attachment P to this Affidavit is a true and correct copy of a <br />transcript of a portion of the August 28, 2003 interview, together with an affidavit of the <br />transcriptionist, Robert Clark, as to the accuracy of such transcription. <br />14. Justice Hobbs made a statement to an interviewer regarding prior appropriation <br />and recreational kayak courses, which statement was quoted in an article published in Legal <br />Affairs, entitled "There's an Old Saying in Colorado: You Can Steal My Wife, But Not My <br />Water," by Bruce Barcott. Attachment Q is a true and correct copy of that article. This article <br />was published in the July /August 2004 issue, approximately three years after SB 216 was <br />enacted, one year after the Colorado Supreme Court rulings in Golden, Eagle River, and <br />Breckenridge, and six months after Judge Patrick's Order and Decree were issued in the Upper <br />Gunnison case that is the subject of this appeal. <br />Further affiant sayeth naught. <br />Dated this yc day of August, 2004. <br />Cynthia F. Covell <br />The foregoing instrument was acknowledged before me thisC%(_lay of August, 2004 <br />by Cynthia F. Covell. <br />Witness my hand <br />My commission <br />rd <br />