LA PLATA CONSERVANCY DISTRICT RULE 26(a)(1) DISCLOSURES

Transcription

1 DISTRICT COURT, WATER DIVISION 7, COLORADO 1060 East Second Avenue Durango, Colorado DATE FILED: May 7, :45 PM FILING ID: B0D894E02253B CASE NUMBER: 2013CW3011 CONCERNING THE APPLICATION FOR WATER RIGHTS OF SOUTHWESTERN WATER CONSERVATION DISTRICT IN LA PLATA COUNTY Attorneys for (New Mexico) Sarah A. Klahn, #28706 Alan E. Curtis, #34571 Mitra M. Pemberton, #37833 Adam D. Davenport, #45342 WHITE & JANKOWSKI, LLP 511 Sixteenth Street, Suite 500 Denver, Colorado Tele: (303) Fax: (303) Court Use Only Case No. 13CW3011 (07CW55, 01CW54, 94CW51, 88CW48, 84CW59, 80CW237, 80CW101, W-190) LA PLATA CONSERVANCY DISTRICT RULE 26(a)(1) DISCLOSURES of New Mexico ( LPCD ) by and through its attorneys White & Jankowski, LLP, hereby submits the following disclosures pursuant to C.R.C.P. 26(a)(1) and Rule 11 of the Uniform Local Rules for All State Water Court Divisions: 1. INDIVIDUALS WHO ARE LIKELY TO HAVE DISCOVERABLE INFORMATION RELEVANT TO DISPUTED FACTS ALLEGED WITH PARTICULARITY IN THE PLEADINGS. a. Steve Dunn President and Chairman (505)

2 Mr. Dunn has been the President and Chairman of the LPCD since October Mr. Dunn may have discoverable information regarding: (1) claims in the application filed in this case; (2) LPCD s interest in and to water from the Animas-La Plata Project and other water rights; (3) the hydrology of the San Juan River and its tributaries, including the Animas and La Plata Rivers; (4) the necessity of protective terms and conditions in any decree that may be entered in this case; and (5) all related matters. b. Charlie Blassingame Vice-President (505) Mr. Blassingame is the current Vice-President of the LPCD. Mr. Blassingame may have discoverable information regarding the same subjects as Mr. Dunn. c. Chad King Secretary-Treasurer (505) Mr. King is the current Secretary-Treasurer of the LPCD. Mr. King may have discoverable information regarding the same subjects as Mr. Dunn. d. Elbert Hamblin Member (505) Mr. Hamblin is a current member of the LPCD. Mr. Hamblin may have discoverable information regarding the same subjects Mr. Dunn. 2

3 e. Stan Harris Member (505) Mr. Harris is a current member of the LPCD. Mr. Harris may have discoverable information regarding the same subjects as Mr. Dunn. f. Holly Shelton Water Master (505) Ms. Shelton is the current Water Master of the LPCD. Ms. Shelton may have discoverable information regarding the same subjects as Mr. Dunn. g. Cindy Arrington Recording Secretary (505) Ms. Arrington is the Recording Secretary of the LPCD. Ms. Arrington may have discoverable information regarding the same subjects as Mr. Dunn. h. Mike Sayler P.E., Principal Bishop-Brogden Associates, Inc. 333 West Hampden Avenue, Suite 1050 Englewood, CO (303) Mr. Sayler is the primary consulting engineer on behalf of the LPCD on water rights matters related to the Animas-La Plata Project and represents LPCD in this matter. Mr. Sayler may have discoverable information regarding: (1) LPCD s water rights and water right permits; (2) LPCD s water supply and distribution system; (3) present and future operation of and accounting for LPCD s water rights and water system; (4) the 3

4 hydrology and operation of the San Juan River system and its tributaries, including the Animas and La Plata Rivers; (5) the structures and water right operations described in the application; (6) administration of water rights on the San Juan River and its tributaries; and (7) related matters. Mr. Sayler may provide further information concerning the opinions, materials considered, and matters to which he may be expected to testify when LPCD makes its Rule 26(a)(2) disclosures in this case. i. Kristina Wynne Hydrologist Bishop-Brogden Associates, Inc. 333 West Hampden Avenue, Suite 1050 Englewood, CO (303) Ms. Wynne may have discoverable information regarding the same subjects as Mr. Sayler. Ms. Wynne may provide further information concerning the opinions, materials considered, and matters to which she may be expected to testify when LPCD makes its Rule 26(a)(2) disclosures in this case. j. State Engineer s Office ( SEO ) Present and Former Personnel Colorado Division of Water Resources 1313 Sherman Street, Room 818 Denver, CO (303) Present and former personnel of the SEO may have discoverable information regarding all aspects of the water rights operations and administration on the Colorado River and its tributaries including the San Juan River, Animas River, and La Plata River. The SEO may have discoverable information including but not limited to the operations and administration of the Colorado River and its tributaries. k. Division Engineer s Office for Water Division 7 ( DEO ) Present and Former Personnel 160 Rockpoint Drive, Suite E Durango, CO (970)

5 Present and former personnel of the DEO may have discoverable information regarding the same subjects as the personnel of the SEO. l. Persons and entities listed in Southwestern Water Conservancy District s ( SWCD ) C.R.C.P. 26(a)(1) disclosures and persons listed in other Opposers C.R.C.P. 26(a)(1) disclosures. m. Persons or entities described in SWCD s Application. n. Other parties in this case and their present and former officials, witnesses, consultants and representatives are likely to have discoverable information relevant to the allegations made by them in this case. The listing of any person above who may have discoverable information does not constitute an endorsement of any such person as a witness, nor does it constitute a waiver of any applicable privilege or of the necessity to follow appropriate procedures to obtain information from such individuals. LPCD request that anyone wishing to speak with any of its current or former members or representatives contact LPCD s attorneys rather than make direct contact with such individuals. 2. CATEGORIES OF DOCUMENTS, DATA COMPILATIONS AND TANGIBLE THINGS IN THE POSSESSION, CUSTODY OR CONTROL OF LPCD THAT ARE RELEVANT TO DISPUTED FACTS ALLEGED WITH PARTICULARITY IN THE PLEADINGS. LPCD has gathered materials relevant to the diligence claims in the application in this case. The materials that LPCD has gathered are grouped generally into the following categories: a. LPCD New Mexico water rights and water permits; b. LPCD water use records; c. Engineering documents related to hydrology of the Animas and San Juan Rivers in New Mexico and the Colorado River; d. LPCD planning documents; e. LPCD documents related to the Animas-La Plata Project; f. LPCD documents not related to the Animas-La Plata Project; g. LPCD formation documents; h. Historical Animas-La Plata documents; i. Documents regarding LPCD s involvement in the Animas-La Plata Project including: i. U.S. Bureau of Reclamation contract negotiations ii. Statutory negotiations iii. Other correspondence with the U. S. Bureau of Reclamation iv. Documents regarding construction and development of the Animas-La Plata Project 5

6 LPCD continues to collect and review documents that it may use in this case. If these documents do not come within the forgoing categories, LPCD will supplement this disclosure. The listing of or reference to any document above does not constitute a waiver of any applicable privilege or protective doctrine, and LPCD will withhold from disclosure any document which is protected by the work product, attorney-client, deliberative process, joint defense, trade secret, or other applicable privilege. These documents are located at the LPCD offices in Farmington, New Mexico, the offices of Bishop-Brogden Associates, Inc., or the offices of White & Jankowski, LLP and may be made available for inspection on reasonable notice. Please contact the undersigned counsel to arrange for document review or copying. 3. COMPUTATION OF DAMAGES: At this time no party to this case has made a claim for monetary damages. 4. INSURANCE AGREEMENTS: LPCD is not aware of any applicable insurance agreement at this time. 5. SUPPLEMENTATION: These disclosures are based upon LPCD's current understanding of the disputed facts alleged with pat1icularity by the pleadings. As the issues and the applicable facts and law are developed during the progress of this case, other information may become relevant. LPCD reserves the right to supplement this 26(a)(l) disclosure, and acknowledges its obligation to do so in accordance with C.R.C.P. 26(e). Respectfully submitted this 7th day of May, WHITE & JANKOWSKI, LLP By:*S/ Sarah A. Klahn Alan E. Cut1is Mitra M. Pemberton *Adam D. Davenport E-filed per C.R.C.P. 121 Duly signed original on file at W h ite & Jankowski, LLP Attorneys (New Mexico) for 6

7 CERTIFICATE OF SERVICE I hereby certify that on this i h day of May, 2014, a true and correct copy of La Plata Conservancy District Rule 26(a)(l) Disclosures for Case 2013CW3011, division 7 was served by e-filing via ICCES and addressed to the following: I'"'' Typ< II.,.,,.,., N m I 1 i m r A a s L A a l at a o 1R s s ociation P Colorado Water Conservation Board I s opp o e r O PP"" I i c 1 r, arolyi Bur J aj e N s 1oble """" R<>O O'Dooowo n. Divi s ion 7 Engineer Southern Ute Indi an Tribe Division Engineer I Oppo A I pphoru>o Southwestern Water Conserv ation Di s trict I I S "" Eogiom """ Eo gi " United St ates Dept Of Justice I Opp<>o Division 7 Water Engineer, Scott Steinbrec h er I ''""McElroy, Mruy Coodoo II P<ggy Momooo II C s Colorado Division Of Water Re ou rce s, Scott Steinbrecher A odcowg""""' Ute Mo ntain _ u _ L te _ u _T_ ribe JI o pp oser _ L _ l w Ho i k rn 7