BOARD01512

• Board Meeting Date: 8/26/1988
• Description: CWCB Meeting
• Board Meetings - Doc Type: Meeting

.

J. William McDonald
Page 3

.

to present testimony, and, in ~ny event, can be expected to
present argument and conduct cross-examination. Even with a
select number of streams, we would only save 2 to 3 weeks of
trial time at the most, as it !s the testimony concerning the
general principles of fluvial geomorphology, not the testimony
pertaining to quantification of a particular stream, that will
require the bulk of trial time.

The projected costs for a 2-month trial as to one or two streams
are $1.0 million, in addition to the $.5 million that has already
been spent to retain outside consultants in defense of these
claims. The costs are high due to the need for the experts to
participate heavily in trial preparation and trial. A proposed
trial budget was provided to tbe Board at its May 1988 meeting.
This projection does not include the costs of appellate proceed-
ings and proceedings on remand.

A trial, then, will be a major undertaking, involving technical
issues of unprecedented comple~ity. By way of comparison, adju-
dication of the reserved rights claims for the Wind River Indian
Reservation required 150 days of trial time. None the less, my
office is now and will remain prepared and willing to undertake
such a trial.

Since 1986, when the State first began its technical analysis of
the Forest Service Claims, "here has been extensive informal dis-
covery. The Forest Service has produced for our review literally
hundreds of documents, records, computer printouts, maps, and
photographs, and has made available several of its hydrologists
for a number of informal discussions, all of which have advanced
defense of the State's case. The experts retained by the State
have not only examined the materials furnished by the Forest Ser-
vice, but have conducted an extensive literature search and have
collected and analyzed much data pertaining to the streams in
issue. By November, the results of the technical analysis will
be summarized and made available to the Board and interested par-
ties in the form of an expert's report. In addition, the attor-
neys involved have spent hundreds of hours in investigation,
organization, and careful study of the law of reserved rights,
the legislative history of the Organic Act, and the factual
issues to be tried.

We expect to commence depositions early this fall. The timing of
formal discovery has been dictated by several constraints.
First, the State's consultants have required the past several

.