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examination and cross examination, to present expert testimony, to challenge exhibits, and to <br /> make proper objections. These include, but are not limited to: <br /> 13. Evidence concerning adjudicated irrigation water rights held by Fontanari, the <br /> areas allowed to be irrigated by those rights, and historic irrigation practices, including evidence <br /> concerning "historic pastures" and the correct interpretation of Exhibit G to the Permit. <br /> 14. The testimony of the water superintendent of the State of Colorado who <br /> supervised the diversion and use of water in the applicable division, and who had direct <br /> knowledge of the Fontanari construction and diversions, both as to timing and dates, but also as <br /> to the priority of water rights enjoyed by Fontanari, their historic use and use on the permit lands <br /> at issue; <br /> 15. Development of an irrigation plan under professional supervision and expert <br /> control which included areas inside of the permit area, including expert testimony; <br /> 16. The conduct and supervision of the implementation of the irrigation plan <br /> developed by the expert; <br /> 17. Whether Operator had a good faith belief that irrigation was allowed within the <br /> permit area pursuant to Exhibit G to the permit; <br /> 18. The conduct of seeding of the area which was ultimately placed under irrigation; <br /> 19. Lay and expert testimony regarding rockfall mitigation efforts by DOT, including <br /> testimony as to whether blasting, air bag removal and the use of heavy equipment to remove <br /> large rocks was, or was not, related to the Fontanari irrigation, or even related in any way, <br /> including testimony of rockfall mitigation in this area going back many years. <br /> 5 <br />