District Court, Water Division No. 7, Colorado LaPlata County Courthouse 1060 East Second Ave, Rm. 112 Durango, CO 81302 Telephone: 970-247-2304 DATE FILED: May 7, 2014 2:24 PM FILING ID: 707B4973836DF CASE NUMBER: 2013CW3011 IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF: THE SOUTHWESTERN WATER CONSERVATION DISTRICT, IN LA PLATA COUNTY, IN LA PLATA COUNTY. Court Use Only Attorneys for Opposer Ute Mountain Ute Tribe: Peter Ortego General Counsel, Ute Mountain Ute Tribe Attorney Reg. # 24260 Celene Hawkins Associate General Counsel, Ute Mountain Ute Tribe Attorney Reg. # 41054 P.O. Box 128 Towaoc, CO 81334 Phone: 970-564-5641, Fax: 970-565-0750 Email: portego@utemountain.org; chawkins@utemountain.org Case Number: 13CW3011 (07CW55, 01CW54, 94CW51, 88CW48, 84CW59, 80CW237, 80CW101, W-190) Division: Courtroom: UTE MOUNTAIN UTE TRIBE S C.R.C.P. 26(a)(1) DISCLOSURES Opposer, Ute Mountain Ute Tribe, by and through its undersigned counsel, hereby discloses the following information pursuant to C.R.C.P 26(a)(1): I. Name, Address, and Phone Number of Individuals Likely to Have Discoverable Information Relevant to Disputed Facts Alleged with Particularity in the Pleadings. Based on the information known and reasonably available, the UMUT identifies the following individuals that are likely to have discoverable information relevant to the disputed facts alleged with particularity in the pleadings in this matter. 1. Robin Halverson 14242 County Road 28 Dolores, CO 81323 (970) 676-1135 Page 1 of 7 Pages
Ms. Halverson was, until 2011, the General Manager of Weeminuche Construction Authority, at the time an unincorporated enterprise of the UMUT, and may have discoverable knowledge related to the construction, operation, and maintenance of structures related to the Animas-La Plata Project. 2. Thomas Hall Weeminuche Construction Authority P.O. Box AA Towaoc, CO 81334 (970) 565-7430 Mr. Hall is presently the General Manager of Weeminuche Construction Authority, an unincorporated enterprise of the UMUT, and may have discoverable knowledge related to the construction, operation, and maintenance of structures related to the Animas-La Plata Project. 3. Patrick Schumacher 51 Tanglewood Drive (970) 259-0037 Mr. Schumacher was the Project Manager for the Animas-La Plata Project for the Bureau of Reclamation Western Colorado Area Office, and may have discoverable knowledge related to the water rights at issue in this matter and the construction, operation, and maintenance of structures related to the Animas-La Plata Project. 4. Rick Ehat 34 Ophir Drive (970) 799-6110 Mr. Ehat was the Project Construction Engineer and Manager for the Animas-La Plata Project for the Bureau of Reclamation, and may have discoverable knowledge related to the water rights at issue in this matter and the construction, operation, and maintenance of structures related to the Animas-La Plata Project. 5. Steven Harris President, Harris Water Engineering, Inc. 954 East Second Avenue, Suite No. 202 (970) 259-5322 Mr. Harris was a consultant for the UMUT and may have discoverable knowledge related to the water rights at issue in this matter, the UMUT s water rights and interest in the Page 2 of 7 Pages
Animas-La Plata Project, and the construction, operation, and maintenance of structures related to the Animas-La Plata Project. 6. Michael Preston 60 South Cactus Cortez, CO 81321 (970) 565-7562 Mr. Preston was a consultant for the UMUT and may have discoverable knowledge related to the water rights at issue in this matter, the UMUT s water rights and interest in the Animas-La Plata Project, and the construction, operation, and maintenance of structures related to the Animas-La Plata Project. 7. Peter R. Foster, P.E. Vice President Wright Water Engineers, Inc. 1666 N. Main Ave., Suite C (970) 259-7411 Mr. Foster is a consultant for the UMUT and may have discoverable knowledge related to the UMUT s water rights and interest in the Animas-La Plata Project, and the construction, operation, and maintenance of structures related to the Animas-La Plata Project. II. Documents, Data Compilations, and Tangible Things in the Possession, Custody, or Control of the Party that are Relevant to Disputed Facts Alleged with Particularity in the Pleadings. The following description of documents by category may be relevant to the UMUT s Statement of Opposition in Support in this matter, and to the extent possessed or controlled by the UMUT, and not subject to attorney-client privilege, the work-product privilege, or any other applicable privilege preventing discovery thereof, these documents may be offered as exhibits by the UMUT and will be made available for photocopying and inspection at mutually agreeable times and locations. 1. All pleadings and documents filed with the Water Court in this case. 2. All previous Water Court Decrees associated with the UMUT s water rights in the Animas and La Plata River Basins, including Case Nos. W-1603-76F, W-1603-76J, 02- CW-85, 02-CW-86. Page 3 of 7 Pages
3. UMUT Animas and La Plata River Basin Water Rights Court Filings, including pleadings, engineering reports, and other documents associated with Case Nos. W-1603-76F, W-1603-76J, 02-CW-85, 02-CW-86. 4. Federal legislation and documents pertaining to the legislative history associated with the UMUT s water rights in the Animas and La Plata River Basins and the Animas-La Plata Project, including Colorado Ute Indian Water Rights Settlement Act of 1988, Pub. L. No. 100-585, and as amended by the Colorado Ute Settlement Act Amendments of 2000, Pub. L. No. 106-554 and Pub. L. No, 110-161 (2007). 5. Agreements between the Ute Mountain Ute Tribe and La Plata West Water Authority, and between the Ute Mountain Ute Tribe, the Southern Ute Indian Tribe, and La Plata West Water Authority, and relevant technical and engineering analyses, regarding the intake structure and initial pipeline from Lake Nighthorse to the La Plata River Basin. 6. Any findings and determinations of fact, summaries of consultation, or other reports issued by the State or Division Engineer. 7. Any document identified by any party to this matter, including any document disclosed pursuant to any initial or supplemental C.R.C.P. 26 disclosure. 8. Any document identified by any party through any discovery in this proceeding. The above listing of documents, data compilations and other tangible things is presented without waiver of any applicable attorney-client, work-product, or other privileges or protective doctrines. III. Damages. At this time, the UMUT is not claiming any damages as a result of this action. IV. Insurance Agreement. Not applicable. V. C.R.C.P. 26(e) Supplementation. The foregoing disclosures are based on the UMUT s current understanding of the issues raised by the pleadings in this case. As issues and resulting claims, defenses, and objections in this case are more fully developed, additional persons with knowledge or additional relevant documents may become known. Accordingly, the UMUT reserves the right to supplement its disclosures pursuant to C.R.C.P. 26(e). Page 4 of 7 Pages
Respectfully submitted this 7th day of May, 2014. /s/ Celene Hawkins Celene Hawkins, #41054 Peter Ortego, #24260 Attorneys for Opposer Ute Mountain Ute Tribe Page 5 of 7 Pages
CERTIFICATE OF SERVICE I hereby certify that on May 7, 2014, a true and correct copy of the foregoing Ute Mountain Ute Tribe s C.R.C.P. 26(a)(1) Disclosures was served on the following via ICCES. /s/ Celene Hawkins Carolyn F. Burr Welborn Sullivan Meck & Tooley, P.C. Animas La Plata Operation, Maintenance, and Replacement Association James M. Noble Welborn Sullivan Meck & Tooley, P.C. Animas La Plata Operation, Maintenance, and Replacement Association Shanti Rosset O Donovan Colorado Attorney General Colorado Water Conservation Board Division 7 Engineer Scott Steinbrecher Colorado Attorney General Division 7 Engineer State Engineer Sarah A. Klahn White & Jankowski, LLP La Plata Conservancy District, New Mexico San Juan Water Commission Mitra M. Pemberton White & Jankowski, LLP La Plata Conservancy District, New Mexico San Juan Water Commission Adam C. Davenport White & Jankowski, LLP La Plata Conservancy District, New Mexico San Juan Water Commission Page 6 of 7 Pages
Scott B. McElroy McElroy Meyer Walker and Condon PC Southern Ute Indian Tribe M. Catherine Condon McElroy Meyer Walker and Condon PC Southern Ute Indian Tribe State Engineer Andrew J. Guarino United States Department of Justice Page 7 of 7 Pages