SAN JUAN WATER COMMISSION RULE 26(a)(1) DISCLOSURES

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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 San Juan Water Commission 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) sarahk@white-jankowski.com alanc@white-jankowski.com mitram@white-jankowski.com adamd@white-jankowski.com Court Use Only Case No. 13CW3011 (07CW55, 01CW54, 94CW51, 88CW48, 84CW59, 80CW237, 80CW101, W-190) SAN JUAN WATER COMMISSION RULE 26(a)(1) DISCLOSURES San Juan Water Commission ( SJWC or Commission ) 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. L. Randy Kirkpatrick Executive Director San Juan Water Commission

2 Mr. Kirkpatrick has been the Executive Director of the SJWC since Mr. Kirkpatrick is also the SJWC Representative on the Animas-La Plata Operation, Maintenance and Replacement Association ( ALP OM&R Association ) and was a SJWC Commissioner for the City of Aztec from 1990 to Mr. Kirkpatrick may have discoverable information regarding: (1) claims in the application filed in this case; (2) SJWC s interest in and to water from the Animas-La Plata Project ( ALP ) 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; (5) SJWC s water supply and distribution system; (6) the claims made in SJWC s statement of opposition; (7) injury to SJWC s interests in water by the claimed water rights and operations in this application; and (8) all related matters. b. Elwin Roark Commissioner City of Bloomfield San Juan Water Commission Mr. Roark has been the Commissioner to the SJWC for the City of Bloomfield since Mr. Roark may have discoverable information regarding the same subjects as the Executive Director. c. Cy Cooper Commissioner and Vice Chairman City of Farmington San Juan Water Commission Mr. Cooper was an Alternate Commissioner to the SJWC for the City of Farmington in Mr. Cooper has been a Commissioner to the SJWC for the City of Farmington since 2000, and is also the current Vice Chairman of the Commission. Mr. Cooper may have discoverable information regarding the same subjects as the Executive Director. d. Keith Johns Commissioner and Chairman San Juan County 2

3 San Juan Water Commission Mr. Johns has been the Commissioner to the SJWC for San Juan County and Chairman since Mr. Johns may have discoverable information regarding the same subjects as the Executive Director. e. Jim Dunlap Chairman, New Mexico Interstate Stream Commission Commissioner, San Juan Water Commission Mr. Dunlap is the Chairman of the New Mexico Interstate Stream Commission and has been a Commissioner to the SJWC for the Rural Water Users Association since Mr. Dunlap is also an Alternate Commissioner for the SJWC on the ALP OM&R Association. Mr. Dunlap may have discoverable information regarding the same subjects as the Executive Director. f. Robert Oxford Alternate Commissioner City of Aztec San Juan Water Commission Mr. Oxford has been an Alternate Commissioner of the SJWC for the City of Aztec since Mr. Oxford may have discoverable information regarding the same subjects as the Executive Director. g. Teresa Brevik Alternate Commissioner City of Bloomfield San Juan Water Commission 3

4 Ms. Brevik has been an Alternate Commissioner to the SJWC for the City of Bloomfield since Ms. Brevik may have discoverable information regarding the same subjects as the Executive Director. h. Jay Burnham Alternate Commissioner San Juan Water Commission Mr. Burnham has been an Alternate Commissioner to the SJWC for the City of Farmington since Mr. Burnham may have discoverable information regarding the same subjects as the Executive Director. i. Margaret McDaniel Alternate Commissioner San Juan County San Juan Water Commission Ms. McDaniel has been an Alternate Commissioner of the SJWC for San Juan County since Ms. McDaniel may have discoverable information regarding the same subjects as the Executive Director. j. Keith Lee Alternate Commissioner San Juan Water Commission Mr. Lee has been an Alternate Commissioner to the SJWC for the Rural Water Users Association since Mr. Lee may have discoverable information regarding the same subjects as the Executive Director. k. Aaron Chavez Alternate Commissioner ALP OM&R Association 4

5 Mr. Chavez is an Alternate Commissioner of the SJWC on the ALP OM&R Association. Mr. Chavez may have discoverable information regarding the same subjects as the Executive Director. l. Bill English Former Commissioner City of Aztec Mr. English was the Commissioner for the City of Aztec from 1986 to Mr. English may have discoverable information regarding the following subjects: (1) the organization, history and purpose of the SJWC; (2) SJWC s statutory and contractual entitlements in and to ALP water; (3) related matters. m. Ray Richardson Former Alternate Commissioner City of Aztec Mr. Richardson was an Alternate Commissioner in 1988 and Commissioner for the City of Aztec in Mr. Richardson may have discoverable information regarding the same subjects as Mr. English. n. Gordon Crane Former Alternate Commissioner City of Aztec Mr. Crane was an Alternate Commissioner for the City of Aztec in Mr. Crane may have discoverable information regarding the same subjects as Mr. Richardson. 5

6 o. Mike Belt Former Alternate Commissioner City of Aztec Mr. Belt was an Alternate Commissioner for the City of Aztec from 1993 to Mr. Belt may have discoverable information regarding the same subjects as Mr. Crane. p. Debi Lee Former Commissioner City of Aztec Ms. Lee was the Commissioner for the City of Aztec in Ms. Lee may have discoverable information regarding the same subjects as Mr. Belt. q. Mike Padilla Former Alternate Commissioner City of Aztec Mr. Padilla was an Alternate Commissioner for the City of Aztec from 1995 to Mr. Padilla may have discoverable information regarding the same subjects as Ms. Lee. r. Jerry Hanhardt Former Commissioner City of Aztec 6

7 Mr. Hanhardt was the Commissioner for the City of Aztec from 1996 to Mr. Hanhardt may have discoverable information regarding the following subjects: (1) the history of various iterations of ALP design, including the design authorized by the 2000 Ute Settlement Act Amendments; (2) ALP Endangered Species Act and water quality issues; (3) ALP construction, operation, and maintenance; (4) the organization, history, and purpose of SJWC; (5) SJWC s statutory and contractual entitlements in and to ALP water; and (6) related matters. s. R.T. Toliver Former Commissioner City of Bloomfield Mr. Toliver was the Commissioner for the City of Bloomfield from 1986 to Mr. Toliver may have discoverable information regarding the following subjects: (1) the organization, history, and purpose of SJWC; (2) SJWC s statutory and contractual entitlements in and to ALP water; (3) related matters. t. Chester Noland Former Alternate Commissioner City of Bloomfield Mr. Noland was the Alternate Commissioner for the City of Bloomfield in Mr. Noland may have discoverable information regarding the same subjects as Mr. Toliver. u. Julie Hunter Former Alternate Commissioner City of Bloomfield 7

8 Ms. Hunter was the Alternate Commissioner for the City of Bloomfield from 1990 to Ms. Hunter may have discoverable information regarding the same subjects as Mr. Noland. v. Lloyd Ayliffe Former Commissioner City of Bloomfield Mr. Ayliffe was the Commissioner for the City of Bloomfield from 1998 to Mr. Ayliffe may have discoverable information regarding the following subjects: (1) the history of various iterations of ALP design, including the design authorized by the 2000 Ute Settlement Act Amendments; (2) ALP Endangered Species Act and water quality issues; (3) ALP construction, operation, and maintenance; (4) the organization, history, and purpose of SJWC; (5) SJWC water rights; (6) SJWC s statutory and contractual entitlements in and to ALP water; and (7) related matters. w. Lynne Raner Former Commissioner City of Bloomfield Ms. Raner was the Commissioner for the City of Bloomfield from 2001 to Ms. Raner may have discoverable information regarding the same subjects as Mr. Ayliffe. x. Cas Rubalid Former Alternate Commissioner City of Bloomfield Mr. Rubalid was the Alternate Commissioner for the City of Bloomfield from 2001 to Mr. Rubalid may have discoverable information 8

9 regarding the following subjects: (1) the organization, history, and purpose of the SJWC; (2) SJWC s statutory and contractual entitlements in and to ALP water; (3) related matters. y. John Eckley Former Alternate Commissioner City of Bloomfield Mr. Eckley was the Alternate Commissioner for the City of Bloomfield from 2004 to Mr. Eckley may have discoverable information regarding the same subjects as Mr. Ruablid. z. Keith Johnson Former Alternate Commissioner City of Bloomfield Mr. Johnson was the Alternate Commissioner for the City of Bloomfield from 2007 to Mr. Johnson may have discoverable information on the following subjects: (1) the organization, history, and purpose of the SJWC; (2) SJWC s statutory and contractual entitlements in and to ALP water; (3) ALP construction, operation, and maintenance; (4) related matters. aa. Julie Baird Former Alternate Commissioner City of Bloomfield Ms. Baird was the Alternate Commissioner for the City of Bloomfield in Ms. Baird may have discoverable information on the same subjects as Mr. Johnson. 9

10 bb. David Sonnenbert Former Alternate Commissioner City of Bloomfield Mr. Sonnenbert was the Alternate Commissioner to the SJWC for the City of Bloomfield in Mr. Sonnenbert may have discoverable information on the same subjects as Ms. Baird. cc. Manuel Hastings Former Commissioner City of Farmington Mr. Hastings was the SJWC Commissioner for the City of Farmington in Mr. Hastings may have discoverable information on the following subjects: (1) the organization, history, and purpose; (2) SJWC s statutory and contractual entitlements in and to ALP water; (3) related matters. dd. Tom Taylor Former Alternate Commissioner and Commissioner City of Farmington Mr. Taylor was the Alternate Commissioner to the SJWC for the City of Farmington in 1986 and was the Commissioner for the City of Farmington from 1987 to Mr. Taylor may have discoverable information on the same subjects as Mr. Hastings. 10

11 ee. Charlie Hughes Former Alternate Commissioner City of Farmington Mr. Hughes was the Alternate Commissioner to the SJWC for the City of Farmington from 1987 to Mr. Hughes may have discoverable information on the same subjects as Mr. Taylor. ff. Bill Manchester Former Alternate Commissioner and Commissioner City of Farmington Mr. Manchester was the Alternate Commissioner to the SJWC for the City of Farmington in 1989 and the Commissioner for the City of Farmington from 1998 to Mr. Manchester may have discoverable information on the same subjects as Mr. Hughes. gg. Larry Brewer Former Alternate Commissioner, Commissioner, and Chairman City of Farmington and San Juan County Mr. Brewer was the Alternate Commissioner to the SJWC for the City of Farmington from 1990 to 1992 and Commissioner for the City of Farmington from 1993 to Mr. Brewer was also the Alternate Commissioner to the SJWC for San Juan County from 1998 to Mr. Brewer was Chairman of the SJWC from 1997 to Mr. Brewer may have discoverable information on the following subjects: (1) the history of various iterations of ALP design, including the design authorized by the 2000 Ute Settlement Act Amendments; (2) ALP Endangered Species Act and water quality issues; (3) San Juan River Basin Recovery Implementation Program; (4) the organization, history, and purpose of 11

12 SJWC; (5) SJWC water rights; (6) SJWC s statutory and contractual entitlements in and to ALP water; and (7) related matters. hh. Paul Martin Former Alternate Commissioner City of Farmington Mr. Martin was the Alternate Commissioner to the SJWC for the City of Farmington from 1993 to Mr. Martin may have discoverable information on the following subjects: (1) the organization, history, and purpose of the SJWC; (2) SJWC s statutory and contractual entitlements in and to ALP water; (3) related matters. ii. Bert Levine Former Alternate Commissioner City of Farmington Mr. Levine was the Alternate Commissioner to the SJWC for the City of Farmington in Mr. Levine may have discoverable information on the same subjects as Mr. Martin. jj. Bob Hudson Former Alternate Commissioner City of Farmington Mr. Hudson was the Alternate Commissioner to the SJWC for the City of Farmington from 2001 to Mr. Hudson may discoverable information on the same subjects as Mr. Levine. kk. Danny Carpenter Former Alternate Commissioner San Juan County 12

13 Mr. Carpenter was the Alternate Commissioner to the SJWC for San Juan County from 1990 to Mr. Carpenter may have discoverable information on the same subjects as Mr. Hudson. ll. Sherry Galloway Former Alternate Commissioner, Commissioner, and Chairman San Juan County Ms. Galloway was the Alternate Commissioner to the SJWC for San Juan County from 1992 to 1993 and Commissioner from 1994 to Ms. Galloway was also the Chairman of the SJWC in Ms. Galloway may have discoverable information on the same subjects as Mr. Carpenter. mm. Richard P. Cheney Former Chairman, New Mexico Interstate Stream Commission Former Alternate Commissioner and Commissioner, San Juan County 6310 Bunker Court (505) Mr. Cheney is the former Chairman of the New Mexico Interstate Stream Commission. Mr. Cheney was the Alternate Commissioner to the SJWC for San Juan County from 1994 to 1996 and the Commissioner for San Juan County in Mr. Cheney may have discoverable information on the same subjects as Ms. Galloway. nn. Mark Duncan Former Alternate Commissioner, Commissioner, and Chairman San Juan County 13

14 Mr. Duncan was the Alternate Commissioner to the SJWC for San Juan County in 1997 and Commissioner from 1998 to Mr. Duncan served as Chairman of the SJWC from 1999 to Mr. Duncan may have discoverable information on the following subjects: (1) the history of various iterations of ALP design, including the design authorized by the 2000 Ute Settlement Act Amendments; (2) ALP Endangered Species Act and water quality issues; (3) ALP construction, operation, and maintenance; (4) the organization, history, and purpose of SJWC; (5) SJWC water rights; (6) SJWC s statutory and contractual entitlements in and to ALP water; and (7) related matters. oo. Tony Atkinson Former Manager and Alternate Commissioner San Juan County Mr. Atkinson is the former San Juan County Manager and was Alternate Commissioner to the SJWC for San Juan County from 2004 to Mr. Atkinson may have discoverable information on the same subjects as Mr. Duncan. pp. Robert W. Johnson Former Commissioner U.S. Bureau of Reclamation Water Consult 535 North Garfield Avenue Loveland, CO (970) Mr. Johnson is the former Commissioner of the U.S. Bureau of Reclamation. Mr. Johnson may have discoverable information regarding: (1) the history of the ALP; (2) ALP construction; (3) the 1979 Bureau of Reclamation Definite Plan Report; (4) ALP Record of Decision; and (5) related matters. qq. Larry Walkoviak Upper Colorado Regional Director U.S. Bureau of Reclamation 125 South State Street, Rm 6107 Salt Lake City, UT (801)

15 Mr. Walkoviak is the current Upper Colorado Regional Director of the U.S. Bureau of Reclamation. Mr. Walkoviak may have discoverable information on the following: (1) the history of the ALP; (2) ALP construction; (3) the 1979 Bureau of Reclamation Definite Plan Report; (4) ALP Record of Decision; (5) ALP beneficiaries statutory and contractual entitlements to ALP water; (6) ALP construction, operation, and maintenance; and (7) related matters. rr. Rick L. Gold Former Upper Colorado Regional Director U.S. Bureau of Reclamation Gold H2O Pro 1886 S. Wasatch Dr. Salt Lake City, UT (801) Mr. Gold is the former Upper Colorado Regional Director of the U.S. Bureau of Reclamation. Mr. Gold may have discoverable information on the following: (1) the history of the ALP; (2) ALP construction; (3) the 1979 Bureau of Reclamation Definite Plan Report; (4) ALP Record of Decision; (5) ALP beneficiaries statutory and contractual entitlements to ALP water; (6) ALP construction, operation, and maintenance; and (7) related matters. ss. Pat Page Deputy Construction Engineer U.S. Bureau of Reclamation Four Corners Construction Office 2200 Bloomfield Highway Farmington, NM (505) Mr. Page is the current Deputy Construction Engineer for the U.S. Bureau of Reclamation. Mr. Page may have discoverable information on the following: (1) the history of the ALP; (2) the 1979 Bureau of Reclamation Definite Plan Report; (3) ALP Record of Decision; (4) ALP beneficiaries statutory and contractual entitlements to ALP water; (5) ALP construction, operation, and maintenance; and (6) related matters. tt. Rick Ehat Former Upper Colorado Regional Director U.S. Bureau of Reclamation La Plata Water Conservancy District 1362 CR

16 Hesperus, CO (970) Mr. Ehat is the former Upper Colorado Regional Director of the U.S. Bureau of Reclamation. Mr. Ehat may have discoverable information on the following: (1) ALP construction; (2) the history of the ALP; (3) ALP Record of Decision; (4) the 1979 ALP Definite Plan Report; and (5) related matters. uu. Barry Longwell Construction Engineer U.S. Bureau of Reclamation Four Corners Construction Office 130 Everette St. Durango, CO (970) Mr. Longwell is a Construction Engineer for the U.S. Bureau of Reclamation. Mr. Longwell may have discoverable information on the following: (1) the history of the ALP; (2) the ALP Record of Decision; (3) the 1979 ALP Definite Plan Report; (3) ALP beneficiaries statutory and contractual entitlements to ALP water; (4) ALP construction, operation, and maintenance; and (5) related matters. vv. Patrick Schumacher Former ALP Project Manager U.S. Bureau of Reclamation 51 Tanglewood Dr. Durango, CO (970) Mr. Schumacher was the Project Manager for the ALP for the U.S. Bureau of Reclamation. Mr. Schumacher may have discoverable information on the following: (1) ALP construction; (2) history of the ALP; (3) ALP Record of Decision; (3) 1979 Definite Plan Report; and (4) related matters. ww. Bruce Babbitt Former Secretary of the Interior 5169 Watson St. NW Washington, DC (202)

17 Mr. Babbit is the former Secretary of the Interior. Mr. Babbitt may have discoverable information on the following: (1) the history of the various iterations of the ALP design, including the design authorized by the 2000 Ute Settlement Act Amendments; (2) ALP Endangered Species Act and water quality issues; (3) ALP Record of Decision; and (4) related matters. xx. David J. Hayes Former Deputy Secretary U.S. Department of the Interior Stanford Law School 559 Nathan Abbott Way Stanford, CA (650) Mr. Hayes is the former Deputy Secretary of the U.S. Department of the Interior. Mr. Hayes may have discoverable information on the following: (1) history of the various iterations of the ALP design, including the design authorized by the 2000 Ute Settlement Act Amendments; (2) ALP beneficiaries statutory and contractual entitlements to ALP water; (3) ALP Endangered Species Act and water quality issues; and (4) related matters. yy. Mike Connor Deputy Secretary U.S. Department of the Interior 1849 C Street N.W. Washington, D.C (202) Mr. Connor is the Deputy Secretary of the U.S. Department of the Interior. Mr. Connor may have discoverable information on the following: (1) history of the various iterations of the ALP design, including the design authorized by the 2000 Ute Settlement Act Amendments; (2) ALP beneficiaries statutory and contractual entitlements to ALP water; (3) ALP Endangered Species Act and water quality issues; (4) San Juan River Basin Recovery Implementation Program; (5) ALP construction, operation, and maintenance; and (6) related matters. zz. Joe D. Hall Former Acting Commissioner and Deputy Commissioner U.S. Bureau of Reclamation W. Bayaud Ave. Golden, CO (303)

18 Mr. Hall is the former Acting Commissioner and Deputy Commissioner of the U.S. Bureau of Reclamation. Mr. Hall may have discoverable information on the following: (1) history of the various iterations of the ALP design, including the design authorized by the 2000 Ute Settlement Act Amendments; (2) ALP beneficiaries statutory and contractual entitlements to ALP water; (3) ALP construction, operation, and maintenance; and (4) related matters. aaa. Carol DeAngelis Former Western Colorado Area Manager U.S. Bureau of Reclamation 2054 Spur Cross Rd. Grand Junction, CO (970) Ms. DeAngelis is the former Western Colorado Area Manager for the U.S. Bureau of Reclamation. Ms. DeAngelis may have discoverable information on the following: (1) the history of the various iterations of the ALP design, including the design authorized by the 2000 Ute Settlement Act Amendments; (2) ALP construction, operation, and maintenance; and (3) related matters. bbb. Ed Warner Western Colorado Area Manager U.S. Bureau of Reclamation 445 West Gunnison Ave., Suite 221 Grand Junction, CO (970) Mr. Warner is the current Western Colorado Area Manager for the U.S. Bureau of Reclamation. Mr. Warner may have discoverable information on the following: (1) the history of the various iterations of the ALP design, including the design authorized by the 2000 Ute Settlement Act Amendments; (2) ALP beneficiaries statutory and contractual entitlements to ALP water; (3) ALP construction, operation, and maintenance; and (4) related matters. ccc. Wayne Cook Former Executive Director of the Upper Colorado River Commission U.S. Bureau of Reclamation 929 E. Raymond Road Fruit Heights, UT (801)

19 Mr. Cook was the Executive Director of the Upper Colorado River Commission from 1990 to 2004 and with the Bureau of Reclamation from 1961 to Mr. Cook may have discoverable information on the following: (1) the history of the various iterations of the ALP design, including the design authorized by the 2000 Ute Settlement Act Amendments; (2) ALP Endangered Species Act and water quality issues; (3) ALP beneficiaries statutory and contractual entitlements to ALP water; (4) organization, history, and purpose of the SJWC; and (5) related matters. ddd. Don Ostler Executive Director and Secretary Upper Colorado River Commission 355 South 400 East Salt Lake City, UT (801) Mr. Ostler is currently the Executive Director and Secretary of the Upper Colorado River Commission. Mr. Ostler may have discoverable information regarding the history of the ALP and related matters. eee. Pete V. Domenici Former U.S. Senator State of New Mexico c/o Bipartisan Policy Center 1225 Eye Street, NW, Suite 1000 Washington, DC (202) Mr. Domenici was formerly a U.S. Senator for the State of New Mexico. Mr. Domenici may have discoverable information regarding the following: (1) the history of the various iterations of the ALP design, including the design authorized by the 2000 Ute Settlement Act Amendments; (2) New Mexico s statutory entitlements in the ALP; and (3) related matters. fff. Jeff Bingaman Former U.S. Senator State of New Mexico c/o Stanford Law School Crown Quadrangle 559 Nathan Abbott Way Stanford, CA (650)

20 Mr. Bingaman was formerly a U.S. Senator for the State of New Mexico. Mr. Bingaman may have discoverable information on the same subjects as Mr. Domenici. ggg. Anne-Kathryn Ziehe Former Legislative Assistant Senator Pete V. Domenici P.O. Box 1810 Alamogordo, NM (575) Ms. Ziehe was formerly a Legislative Assistant to Senator Pete V. Domenici. Ms. Ziehe may have discoverable information on the same subjects as Mr. Domenici. hhh. Gary Zieh Former Legislative Assistant Senator Pete V. Domenici P.O. Box 1810 Alamogordo, NM (575) Mr. Ziehe was formerly a Legislative Assistant to Senator Pete V. Domenici. Mr. Ziehe may have discoverable information on the same subjects as Mr. Domenici. iii. Mark Edwards Former Legislative Assistant Senator Jeff Bingaman Mr. Edwards was formerly a Legislative Assistant for Senator Jeff Bingaman. Mr. Edwards may have discoverable information on the same subjects as Mr. Bingaman. jjj. Thomas C. Turney Former State Engineer State of New Mexico 1143 Camino San Acacio Santa Fe, NM (505) Mr. Turney was formerly the State Engineer for the State of New Mexico. Mr. Turney may have discoverable information on the following: (1) the history of the various iterations of the ALP design, including the design 20

21 authorized by the 2000 Ute Settlement Act Amendments; (2) ALP Endangered Species Act and water quality issues; (3) the organization, history, and purpose of the SJWC; (4) SJWC water rights; (5) New Mexico s statutory and contractual entitlements to ALP water; and (6) related matters. kkk. Eluid L. Martinez Former State Engineer State of New Mexico Former Commissioner U.S. Bureau of Reclamation 221 Villeros Santa Fe, NM (505) Mr. Martinez was formerly the State Engineer for the State of New Mexico, as well as a former Commissioner of the U.S. Bureau of Reclamation. Mr. Martinez may have discoverable information on the following: (1) the history of the various iterations of the ALP design, including the design authorized by the 2000 Ute Settlement Act Amendments; (2) New Mexico s statutory and contractual entitlements to ALP water; (3) ALP Record of Decision; and (4) related matters. lll. Estevan Lopez Director New Mexico Interstate Stream Commission Presidential Nominee U.S. Bureau of Reclamation P.O. Box Santa Fe, NM (505) Mr. Lopez is the Director of the New Mexico Interstate Stream Commission and is presently a Presidential Nominee for Commissioner of the U.S. Bureau of Reclamation. Mr. Lopez may have discoverable information on the following: (1) the history of the ALP; (2) ALP beneficiaries statutory and contractual entitlements in and to ALP water; and (3) related matters. mmm. John Whipple Former Manager Colorado River Basin Program New Mexico Interstate Stream Commission 7261 Assisi Hills Road NE 21

22 Rio Rancho, NM (505) Mr. Whipple is the former Manager of the Colorado River Basin Program of the New Mexico Interstate Stream Commission. Mr. Whipple may have discoverable information on the following: (1) the history of the ALP; (2) the San Juan River Basin Recovery Implementation Program; and (3) related matters. nnn. Kevin Flanigan Manager Colorado River Basin Program New Mexico Interstate Stream Commission P.O. Box Santa Fe, NM (505) Mr. Flanigan is the Manager of the Colorado River Basin Program of the New Mexico Interstate Stream Commission. Mr. Flanigan may have discoverable information on the following: (1) ALP beneficiaries statutory and contractual entitlements in and to ALP water; (2) ALP Endangered Species Act and water quality issues; (3) San Juan River Basin Recovery Implementation Program; (4) ALP construction, operation, and maintenance; and (5) related matters. ooo. James E. Brooks Project Leader New Mexico Fish & Wildlife Conservation Office U.S. Fish & Wildlife Service 3800 Commons Avenue NE Albuquerque, NM (505) Mr. Brooks is the Project Leader for the New Mexico Fish & Wildlife Conservation Office of the U.S. Fish & Wildlife Service. Mr. Brooks may have discoverable information on the following: (1) ALP Endangered Species Act and water quality issues; (2) San Juan River Basin Recovery Implementation Program; and (3) related matters. 22

23 ppp. David L. Propst Formerly with Conservation Services Division New Mexico Department of Game & Fish 607 Cedar St NE Albuquerque, NM (505) Mr. Propst formerly worked for the Conservation Services Division of the New Mexico Department of Game & Fish. Mr. Propst may have discoverable information on the following: (1) ALP Endangered Species Act and water quality issues; (2) San Juan River Basin Recovery Implementation Program; and (3) related matters. qqq. Tom Pitts Member Coordination Committee San Juan River Basin Recovery Implementation Program Water Consult 535 Garfield Ave. Loveland, CO (970) Mr. Pitts is a Member of the Coordination Committee of the San Juan River Basin Recovery Implementation Program. Mr. Pitts may have discoverable information on the following: (1) ALP Endangered Species Act and water quality issues; (2) San Juan River Basin Recovery Implementation Program; and (3) related matters. rrr. Ray Kogovsek Partner Kogovsek & Associates, Inc. 215 W. 2nd Street Pueblo, CO (303) Mr. Kogovsek is a Partner at Kogovsek & Associates, Inc. Mr. Kogovsek may have discoverable information on the following: (1) the history of the various iterations of the ALP design, including the design authorized by the 2000 Ute Settlement Act Amendments; (2) ALP Endangered Species Act and water quality issues; and (3) related matters. sss. Christine Arbogast Partner Kogovsek & Associates, Inc. 23

24 215 W. 2nd Street Pueblo, CO (303) Ms. Arbogast is a Partner at Kogovsek & Associates, Inc. Ms. Arbogast may have discoverable information on the following: (1) the history of the various iterations of the ALP design, including the design authorized by the 2000 Ute Settlement Act Amendments; (2) ALP Endangered Species Act and water quality issues; and (3) related matters. ttt. Roy Romer Former Governor State of Colorado Mr. Romer is a former Governor of the State of Colorado. Mr. Romer may have discoverable information on the following: (1) the history of the various iterations of the ALP design, including the design authorized by the 2000 Ute Settlement Act Amendments; and (2) related matters. uuu. Gail Schoettler Former Lt. Governor State of Colorado E. Daley Cir Parker, CO (303) Ms. Schoettler was Lt. Governor to Roy Romer. Ms. Schoettler may have discoverable information on the same subjects as Mr. Romer. vvv. D. Randolph Seaholm Former Chief of Water Supply Protection Section Colorado Water Conservation Board 6085 Nile Circle Golden, CO (303) Mr. Seaholm is the former Chief of the Water Supply Protection Section of the Colorado Water Conservation Board. Mr. Seaholm may have discoverable information on the following: (1) history of the various iterations of ALP design, including the design authorized by the 2000 Ute Settlement Act Amendments; (2) ALP construction, operation, and maintenance; (3) the water rights at issue in this matter; and (4) related matters. 24

25 www. Jim Lochhead Former Executive Director Colorado Department of Natural Resources CEO - Denver Water 1600 W. 12th Ave. Denver, CO (303) Mr. Lochhead is a former Executive Director of the Colorado Department of Natural Resources and current CEO of Denver Water. Mr. Lochhead may have discoverable information on the following: (1) the history of the various iterations of ALP design, including the design authorized by the 2000 Ute Settlement Act Amendments; (2) ALP Endangered Species Act and water quality issues; and (3) related matters. xxx. Rege Leach Division Engineer Water Division 7 Colorado Office of the State Engineer 160 Rockpoint Drive, Suite E Durango, CO (970) Mr. Leach is the Division Engineer for Water Division 7. Mr. Leach may have discoverable information on the following: (1) ALP construction, operation, and maintenance; (2) ALP beneficiaries statutory and contractual entitlements in and to ALP water; (3) the water rights at issue in this matter; (4) the organization, history and purpose of Southwestern Water Conservancy District ( SWCD ); and (5) related matters. yyy. Steve Harris Former President Animas-La Plata Water Conservancy District Harris Water Engineering, Inc. 954 East Second Ave., Suite 202 Durango, CO (970) Mr. Harris is the former President of the Anima-La Plata Water Conservancy District. Mr. Harris may have discoverable information on the following: (1) the history of various iterations of ALP design, including the design authorized by the 2000 Ute Settlement Act Amendments; (2) ALP Endangered Species Act and water quality issues; (3) ALP construction, operation, and maintenance; (4) the water rights at 25

26 issue in this matter; (5) the organization, history, and purpose of SWCD; and (6) related matters. zzz. Dan Law Former Executive Director Colorado Water Resources & Power Development Authority c/o CWRPDA 1580 Logan St., Suite 620 Denver, CO (303) Mr. Law is the former Executive Director of the Colorado Water Resources & Power Development Authority. Mr. Law may have discoverable information on the following: (1) the history of various iterations of ALP design, including the design authorized by the 2000 Ute Settlement Act Amendments; (2) ALP construction, operation, and maintenance; (3) ALP beneficiaries statutory and contractual entitlements in and to ALP water; and (4) related matters. aaaa. Michael Brod Executive Director Colorado Water Resources & Power Development Authority 1580 Logan St., Suite 620 Denver, CO (303) Mr. Brod is the Executive Director of the Colorado Water Resources & Power Development Authority. Mr. Brod may have discoverable information on the following: (1) ALP construction, operation, and maintenance; (2) ALP beneficiaries statutory and contractual entitlements in and to ALP water; and (3) related matters. bbbb. Russell D. Howard General Manager ALP OM&R Association 125 Smelter Place Durango, CO (970) Mr. Howard is the General Manager of the ALP OM&R Association. Mr. Howard may have discoverable information on the following: (1) ALP construction, operation, and maintenance; (2) ALP beneficiaries statutory and contractual entitlements in and to ALP water; (3) the water rights at issue in this matter; and (4) related matters. 26

27 cccc. Steven S. Dunn President La Plata Conservancy District Representative ALP OM&R Association P.O. Box 298 La Plata, NM (505) Mr. Dunn is the President of the La Plata Conservancy District and a Representative on the ALP OM&R Association. Mr. Dunn may have discoverable information on the following: (1) ALP construction, operation, and maintenance; (2) ALP beneficiaries statutory and contractual entitlements in and to ALP water; (3) related matters. dddd. Charles Blassingame La Plata Conservancy District Representative ALP OM&R Association P.O. Box 305 La Plata, NM (505) Mr. Blassingame is the La Plata Conservancy District Representative to the ALP OM&R Association. Mr. Blassingame may have discoverable information on the following: (1) the history of various iterations of ALP design, including the design authorized by the 2000 Ute Settlement Act Amendments; (2) ALP Endangered Species Act and water quality issues; (3) ALP construction, operation, and maintenance; (4) ALP beneficiaries entitlements in and to ALP water; (5) the water rights at issue in this case; and (6) related matters. eeee. Jason John Manager Water Management Branch Navajo Department of Water Resources Representative ALP OM&R Association P.O. Box 678 Fort Defiance, AZ (928) Mr. John is the Manager of the Water Management Branch of the Navajo Department of Water Resources and is also a Representative in the ALP OM&R Association. Mr. John may have discoverable information on the 27

28 following: (1) ALP construction, operation, and maintenance; (2) ALP beneficiaries statutory and contractual entitlements in and to ALP water; and (3) related matters. ffff. Manuel Heart Chairman Ute Mountain Ute Tribe Representative ALP OM&R Association P.O. Box 6 Towaoc, CO (970) Mr. Heart is the Chairman of the Ute Mountain Ute Tribe and is also a Representative in the ALP OM&R Association. Mr. Heart may have discoverable information on the following: (1) the history of various iterations of ALP design, including the design authorized by the 2000 Ute Settlement Act Amendments; (2) ALP Endangered Species Act and water quality issues; (3) ALP construction, operation, and maintenance; (4) ALP beneficiaries statutory and contractual entitlements in and to ALP water; (5) the water rights at issue in this case; and (6) related matters. gggg. Lena Atencio Representative of Southern Ute Indian Tribe ALP OM&R Association P.O. Box 737 Ignacio, CO (970) Ms. Atencio is a Representative of the Southern Ute Indian Tribe to the ALP OM&R Association. Ms. Atencio may have discoverable information on the following: (1) the history of various iterations of ALP design, including the design authorized by the 2000 Ute Settlement Act Amendments; (2) ALP construction operation and maintenance; ALP beneficiaries statutory and contractual entitlements in and to ALP water; and (3) related matters. hhhh. Chuck Lawler Representative of Southern Ute Indian Tribe ALP OM&R Association P.O. Box 737 Ignacio, CO (970)

29 Mr. Lawler is a Representative of the Southern Ute Indian Tribe to the ALP OM&R Association. Mr. Lawler may have discoverable information on the same subjects as Ms. Atencio. iiii. Tom Brossia Alternate Representative Animas-La Plata Water Conservancy District ALP OM&R Association 52 Basin Creek Circle Durango, CO (970) Mr. Brossia is an Alternate Representative of the Animas-La Plata Water Conservancy District to the ALP OM&R Association. Mr. Brossia may have discoverable information on the same subjects as Ms. Atencio and Mr. Lawler. jjjj. Tim Feehan Assistant Director Colorado Water Conservation Board Chairman ALP OM&R Association 1580 Logan St., Room 600 Denver, CO (303) Mr. Feehan is the Assistant Director of the Colorado Water Conservation Board and also the Chairman of the ALP OM&R Association. Mr. Feehan may have discoverable information on the following: (1) ALP construction, operation, and maintenance; (2) ALP beneficiaries statutory and contractual entitlements in and to ALP water; and (3) related matters. kkkk. Bruce Whitehead Executive Director SWCD 841 East Second Ave. Durango, CO (970) Mr. Whitehead is the Executive Director of SWCD. Mr. Whitehead may have discoverable information on the following: (1) the history of various iterations of ALP design, including the design authorized by the 2000 Ute Settlement Act Amendments; (2) ALP construction, operation, and maintenance; (3) ALP beneficiaries statutory and contractual entitlements 29

30 in and to ALP water; (4) the water rights at issue in this case; (5) the organization, history, and purpose of SWCD; and (5) related matters. llll. Fred Kroeger Former Director SWCD P.O. Box 2005 Durango, CO (970) Mr. Kroeger is the former Director of the SWCD. Mr. Kroeger may have discoverable information on the same subjects as Mr. Whitehead as well as the following: (1) ALP Endangered Species Act and water quality issues; (2) San Juan River Basin Recovery Implementation Program; (3) ALP construction, operation, and maintenance; (4) ALP beneficiaries statutory and contractual entitlements in and to ALP water; (5) the water rights at issue in this matter; (6) the organization, history, and purpose of the SWCD; and (7) related matters. mmmm. John Porter Director SWCD 613 North Colorado St. Cortez, CO (970) Mr. Porter is the current Director of the SWCD. Mr. Porter may have discoverable information on the same subjects as Mr. Kroeger. nnnn. Maggie Fox Former Deputy Executive Director Sierra Club Ms. Fox is the former Deputy Executive Director of the Sierra Club. Ms. Fox may have discoverable information on the following subjects: (1) the history of various iterations of ALP design, including the design authorized by the 2000 Ute Settlement Act Amendments; (2) ALP Endangered Species Act and water quality issues; (3) litigation initiated by the Sierra Club regarding various aspects of the ALP; and (4) related matters. oooo. Phil Doe Colorado Registered Citizen Lobbyist 30

31 Mr. Doe is a Registered Citizen Lobbyist in the State of Colorado. Mr. Doe may have discoverable information on the following subjects: (1) the history of various iterations of ALP design, including the design authorized by the 2000 Ute Settlement Act Amendments; (2) ALP Endangered Species Act and water quality issues; and (3) related matters. pppp. Jack Scott Former Commissioner City of Aztec Mr. Scott is a former Commissioner for the City of Aztec. Mr. Scott may have discoverable information on the following subjects: (1) the history of various iterations of ALP design, including the design authorized by the 2000 Ute Settlement Act Amendments; (2) ALP Endangered Species Act and water quality issues; (3) Ute Tribe change cases for water rights associated with the ALP; and (4) related matters. qqqq. Mike Sayler P.E., Principal Bishop-Brogden Associates, Inc. 333 West Hampden Avenue, Suite 1050 Englewood, Colorado (303) Mr. Sayler is the primary consulting engineer on behalf of the SJWC on water rights matters related to the ALP and represents SJWC in this matter. Mr. Sayler may have discoverable information regarding: (1) SJWC s water rights and water right permits; (2) SJWC s water supply and distribution system; (3) present and future operation of and accounting for SJWC s water rights and water system; (4) the 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 SJWC makes its Rule 26(a)(2) disclosures in this case. 31

32 rrrr. Kristina Wynne Hydrologist Bishop-Brogden Associates, Inc. 333 West Hampden Avenue, Suite 1050 Englewood, Colorado (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 SJWC makes its Rule 26(a)(2) disclosures in this case. ssss. 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. tttt. Division Engineer s Office for Water Division 7 ( DEO ) Present and Former Personnel 160 Rockpoint Drive, Suite E Durango, CO (970) Present and former personnel of the DEO may have discoverable information regarding the same subjects as the personnel of the SEO. uuuu. vvvv. Persons and entities listed in SWCD s C.R.C.P. 26(a)(1) disclosures and persons listed in other Opposers C.R.C.P. 26(a)(1) disclosures. Persons or entities described in SWCD s Application. 32

33 wwww. 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. SJWC request that anyone wishing to speak with any of its current or former commissioners or representatives contact SJWC 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 SJWC THAT ARE RELEVANT TO DISPUTED FACTS ALLEGED WITH PARTICULARITY IN THE PLEADINGS. SJWC has gathered materials relevant to the diligence claims in the application in this case. The materials that SJWC has gathered are grouped generally into the following categories: a. SJWC New Mexico water rights and water right permits; b. SJWC water use records; c. Engineering documents related to hydrology of the Animas and San Juan Rivers in New Mexico; d. SJWC planning documents; e. Commission documents related to the ALP; f. SJWC history and formation documents; g. Historical ALP documents; h. Documents regarding the SJWC s involvement in the ALP including: i. U.S. Bureau of Reclamation contract negotiations ii. Statutory negotiations iii. Other correspondence with the U.S. Bureau of Reclamation (noncontract related) iv. Documents regarding construction and development of the ALP v. Formation of the ALP OM&R Association i. Documents regarding SWCD s involvement in the ALP j. San Juan River Basin Recovery Implementation Program k. Documents regarding environmental impacts of the ALP l. Other Project beneficiaries interests in the ALP SJWC continues to collect and review documents that it may use in this case. If these documents do not come within the forgoing categories, SJWC 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 SJWC will withhold from disclosure any 33

34 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 SJWC offices in Farmington, New Mexico, the offices of Bishop-Brogden Associates, Inc., or the offices of White & Jankmvski, 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: SJWC is not aware of any applicable insurance agreement at this time. 5. SUPPLEMENTATION: These disclosures are based upon SJWC's current understanding of the disputed facts alleged with patiicularity 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. SJWC 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: Alan E. Curtis Mitra M. Pemberton *Adam D. Davenport E-filed per C.R.C.P. 121 Duly signed original on file at White & Jankowski, LLP Attorneys for San Juan Water Commission 34

35 CERTIFICATE OF SERVICE I hereby certify that on this ih day of May, 2014, a true and correct copy of San Juan Water Commission Rule 26(a)(l) Disclosures for Case 2013CW3011, division 7 was served bye-filing via ICCES and addressed to the following: I P"<y Typ J I "'""'Y N m ;=A= n=i=m=a=s L=a=P=I=at=a=O=M=R=A=ss=o=cl=.at=io=n====:::::::;r~~=p=p=o=se=r=======~~ C rolyo ""'' Jome< Nobi< Colorado Water Conservation Board ~=====~ I Opp"'" I Sh""" R""" O'Doo"'"" ~============~~=======~~========~ Division 7 Engineer Division Engineer Division 7 Water Engineer, Scott Steinbrecher Southern Ute Indian Tribe I Oppo"' I Swtt McElmy, MMy Coodm ~====================~~============~ Southwestern Water Conservation District I Appli'""' II Peggy Moo oo I,... ~================~~=======~ c.., w State Engineer Colorado Division Of Water Resources, Scott Steinbrecher United States Dept Of Justice Ute Mountain Ute Tribe Opposer ~=====~ IOpp= I A> d "w Gm '"" Celene Hawkins ~ J 35