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<br />....." ~ . ~
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<br />41
<br />
<br />IUhlllr'., or would you rather just hold?
<br />MR. HOLLEMAN: Your Honor, we can do It either
<br />'" I'm happy to hold, or I wlll arrange a conference call
<br />, ,1."1 again In 15 minutes If the other folks would prefer
<br />
<br />,.t
<br />
<br />MS, SOLLARS: Judge, this Is Claire Sollars.
<br />It I'll'h~r to reconvene tn 15 m\nutes.
<br />THE COURT: Well, what we can do -- are you
<br />tllll Iplltlng from your office or--
<br />MS. SOLLARS: Yes.
<br />THE COURT: Okay. So do you need to do
<br />,,,,,.t hlng else In between? I was going to say you could
<br />.1 1'..1 the phone down and come back at 11 :30.
<br />MR. PASCOE: Judge, this Is Monty Pascoe. I'll
<br />oj 1'''' the phone down and pick It up again In 15 minutes.
<br />THE COURT: Ms. Sollars, does that cause --
<br />MS, SOLLARS: Judge, I can do that too.
<br />THE COURT: Okay. Why don't we just do that. I
<br />n'..""e because I'm not going to be able to put you on
<br />hI tn'cause I'm afraid If I do, I'm going to lose 'you.
<br />
<br />MS. SOLLARS: So we're back at 11:30?
<br />THE COURT: Right. Give me 15 minutes to do
<br />, "I her case, and then we'll be back.
<br />MS. SOLLARS: Okay.
<br />
<br />k^>.l~9t
<br />4:3
<br />1 THE COURT: Hold on. Hold on. Beside the
<br />2 selective subordination portion?
<br />3 MS. SCHNEIDER: Yes. That's right.
<br />4 MR. PORZAK: Your Honor, I think It's Important
<br />5 -- It's a little of the cart before the horse. If we could
<br />6 just present our witness and present the stipulations, then
<br />7 that would provide a context In which to -- to consider her
<br />8 objections, but -- but, also, there's one really Important
<br />9 point here that -- that -- that I ftnd really Ironic, and
<br />10 that's the fact that the whole basis for the CWCB's request
<br />11 for a remand was so that they could consider the settlement
<br />12 stipulations, and now they're here In this court objecting
<br />13 to the settlement stipulation.
<br />14 Well, they shouldn't be able to have It both
<br />15 ways. If -- If they don't like the settlement, then, fine,
<br />16 let's go to trial.
<br />17 r MS. SCHNEIDER: Your Honor, the CWCS loves the
<br />18 settlement. They love It. The state engineer does not.
<br />19 Unfortunately, I represent both parties. We -~ we love the
<br />20 flow rates. They're great. Enter those right now.
<br />21 The selective subordination Issue I would like
<br />22 to at least just discuss. Give me under ten minutes. Give
<br />23 me eight minutes.
<br />24 THE COURT: No. I'll give you time. I'm not --
<br />25 I'm not trying to cut this off.
<br />
<br />
<br />42
<br />THE COURT: I guess, Ms. Schneider, If you want
<br />'y 10 make some phone calls, I don't mind folks
<br />"dpiltlng by telephone. It sounds like the way that
<br />"..Ileman has set up his conference call, If you had
<br />'''',n'e available, they could call in and participate In
<br />t ,.111 and be heard by everyone.
<br />MS. SCHNEIDER: Your Honor, I was --
<br />THE COURT: I'm not telJlng you to do that.
<br />MS. SCHNEIDER: I know that. And I just want
<br />t" know that the state engineer gave his regrets and
<br />that there was just nothing that they could do, but
<br />" " when I retum, make -- make' my objections on the
<br />
<br />1111.'
<br />
<br />THE COURT: Well, we've been on the record, I
<br />.." \ hi' whole time.
<br />MS. SCHNEIDER: Well, I mean when -- I am not
<br />""'''. .,nd, In fact, especially If you haven't read my
<br />..,.., I herets some --
<br />
<br />
<br />tHE COURT: Right.
<br />MS. SCHNEIDER: -- very Important positions and
<br />... '''.,1 lhls Court must consider In looking at these
<br />'.", ,...pecially, and the stipulations.
<br />, lIE COURT: Is there something specific that
<br />.. ..tljrlllng to?
<br />".;. SCHNEIDER: Many, many things.
<br />
<br />.~-
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<br />44
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<br />1 MS. SCHNEIDER: Okay. Thank you.
<br />2 THE COURT: I mean, actually, I had this thing
<br />3 down for the whole day starting at 10 o'clock. Yesterday,
<br />4 when I realized that I had Invited counsel to appear by
<br />5 phone, but that some may be appearing personally, 1 was
<br />6 afraid that I had caused a large problem.
<br />7 I called Mr. Porzak. He told me he was going to
<br />8 be here In person, but he had also arranged a telephone
<br />9 conference. That solved the problem.
<br />10 I asked him how long he thought the hearing was
<br />11 going to take. He thought about two hours total, Including
<br />12 his evidentiary presentation. But, I mean, within reason
<br />13 I've got time to hear whatever you want to tell me today.
<br />14 MS. SCHNEIDER: Thank you, Your Honor.
<br />15 THE COURT: You're welcome. All right. You can
<br />16 leave your things .- as much of It on the table as you'd
<br />17 like, but I'm going to need -- of course, people don't ha"c
<br />18 to clear the courtroom. You don't have to stay If you d,
<br />19 want to, but we will take this back up, I'm guessing, In
<br />20 about IS minutes .- 10 to 15 minutes.
<br />21 MR. KOWALSKI: Your Honor, this Is Mr. Ko,
<br />22 I'm going to actually sign off. 1 just wanted you to kn
<br />23 that.
<br />24
<br />25
<br />
<br />
<br />THE COURT: All right. Ms. Schneider, do 1
<br />need to talk to him, Mr. Kowalski? Okay. Thank vou
<br />~
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