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F' CO <br />~ ~O <br />~w~ ?9 <br />~e,~ ~o. <br />v~ zn, <br />+ ~+,~ h~F~ (~ <br />~,,. ~ <br />* , ~0~6 <br />* X876 ~ <br />JOHN w. SU'fIIER$ <br />Interim .Attonlcy General <br />ReNnv F ~C,tN <br />Interim Chief Deputy Attorney General <br />STATE OF COLORADO <br />DEPARTMENT OF I,AW <br />OFFICE, OF THE A.ITORNEI' GEN EItAL <br />STATE SERVICES f?;UILOING <br />1>25 Sherman Street - nth Floor <br />Denver, Colorado 80203 <br />Phone (,03 866-4500 <br />FAX (303 866-5691 <br />JOIIN J. KRAUSE <br />Interim Solicitor General <br />February 4, 2005 <br />Ross Bachofer <br />11566 WCR 18 <br />Fort Lupton, CO. 80621 <br />RE: Notice of Intent to Move to Exclude Testimony of Bob Stahl as an Expert Witness Sn <br />L. Everist, Inc., Fort Lupton Sand and Grnvel Mine Application, M-1999-120, Board <br />Hearing scheduled for February I5-16, 2005 <br />Dear Mt. Bachofer: <br />You have listed as a potential expert witness `Bob Stahl." You further identify him as "District <br />2 Water Commissioner, Expert on Groundwater in the area." If you intend to have Mr. State] <br />testify as an expert on groundwater, I will object to his testimony and move to have it excluded <br />from the record. The Division of Minerals and Geology has a Memorandum of Understanding <br />with the State Engineer's Office which establishes a protocol for DMG to notify that office of <br />pending applications that may have water quantity implications. The State Engineer, through <br />District Engineer when appropriate, then has the opportunity to submit comments on the pending <br />application based on that office's expertise in water issues. In this case, DMG notified the State <br />Engineer's Office of this application on October 12, 2004; and received a response from that <br />ofce on October 14, 2004. <br />In additon, it is a policy of the Colorado Department of Natural Resources (Department) that no <br />employee of that Department may testify at a hearing by another agency within the Depal2ment <br />absent approval by the Division Director and, in some cases, the Executive Director of the <br />Deparimeni. (Enclosure) <br />Mr. Stahl cannot testify as an expert in this hearing unless the State Engineer and/or the <br />Executive Director of the Department has given him clearance to do so. You have presented no <br />evidence that Mr. Stahl has received such clearance. Therefore, he may not testify as your expert <br />at the hearing. If you do not withdraw Mr. State( as a expert witness from your list of witnesses <br />