Colorado River Division 5 Silverthorne RICD 04CW217 State's Expert Disclosures

• File Number: 04CW217
• Description: State's Expert Disclosures Pursuant to C.R.C.P. Rule 26‎(A)‎ ‎(2)‎
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 8/25/2006
• Author: Susan Schneider, #19961 Assistant Attorney General Natural Resources and Enviornment Section
• Title: State's Expert Disclosures Pursuant to C.R.C.P. Rule 26‎(A)‎ ‎(2)‎ Silverthorne RICD
• Water Supply Pro - Doc Type: Court Documents

EXPERT WITNESS REPORT OF
Mark L. Uppendahl
Physical Science Researcher/Scientist III
lnstream Flow Program Coordinator
Colorado Division of Wildlife/Water Unit
6060 Broadway
Denver, Colorado 80216
Phone: [phone] Fax: [phone]
Regarding Water Court Case No.: 04CW217 Town of Silverthorne
Materials Examined
• Town of Silverthorne's August 8th, 2006, proposed decree in Case 04CW217;
• 26(a)(1) Disclosures prepared for the Town of Silverthorne by Mark T. Richards, P.E.
and Leo M. Eisel, P.E., PhD.
• CWCB's Recommended Findings of Fact and Recommendations to the Water Court
regarding Case No. 04CW217—Town of Silverthorne;
• CWCB Staffs Recommended Findings of Fact and Recommendations.
• All Prehearing statements submitted prior to the CWCB's RICD Hearing;
• USGS topographic quadrangle maps associated with the river segment proposed.
• Stream gage records associated with the river segment subject of this application;
• All available CDOW/CWCB instream flow data associated with the affected Blue
River instream flow segments.
• All available CDOW Biological Data associated with the affected Blue River
instream flow segments.
Opinions and Basis for Opinions
With specificity, Mr. Uppendahl's testimony and opinions are based upon all the exhibits
listed above and he may rely on any and all during trial. Mr. Uppendahl is qualified to
give an expert opinion due to his education and experience.
1. It is the opinion of the Colorado Division of Wildlife (CDOW) that there is a
natural environment being preserved to a reasonable degree by the Blue
River instream flow water rights appropriated by the Colorado Water
Consevation Board (CWCB). It is also the opinion of the Colorado Division
of Wildlife that the Silverthorne RICD will not cause material injury to the
Blue River instream flow reaches if the Town of Silverthorne agrees to the
following terms:
• The RICD structures will not affect the "Fishing is Fun" habitat improvement
structures and the "course" will be located in a reach of the Blue River that has
not received any significant enhancements designed to improve fishing or fish
habitat;
5