DISTRICT COURT, WATER DIVISION NO. 1, COLORADO. Case No. W (W , W , W , W )

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DISTRICT COURT, WATER DIVISION NO. 1, COLORADO

Case No. W-8439-76 (W-8977-77, W-9052-77, W-9064-77, W-9065-77)

UNITED STATES OF AMERICA'S SUPPLEMENTAL ANSWER TO INTERROGATORY NO. 9E, NORTHERN COLORADO WATER CONSERVANCY DISTRICT'S THIRD SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS

IN THE MATTER OF THE AMENDED APPLICATION OF THE UNITED STATES OF AMERICA FOR RESERVED RIGHTS IN THE SOUTH PLATTE RIVER IN BOULDER, GILPIN, LARIMER, CLEAR CREEK, DOUGLAS, EL PASO, JEFFERSON AND PARK COUNTIES. (ARAPAHO, ROOSEVELT, PIKE AND SAN ISABEL NATIONAL FORESTS)

COMES NOW Applicant, United states of America, and, in accordance with Rule 33, C.R.Civ.P., and the court's order of July 11, 1989, and gives a response to Northern Colorado Water Conservancy District's Third Set of Interrogatories and Request for Production of Documents.

INTERROGATORY 9E

The following questions all refer to the 8/28/87 Version of Chapter 30.

e. What internal review procedures were employed by you in the approval of the 8/28/87 Version of Chapter 30 and any

subsequent versions, if they exist? ANSWER

(Williams)

Substantive internal review was done prior to the issuance of the Water Information Management System Handbook, FSH 2509.17, Chapter 30, Interim Directive No. 1, dated September 10, 1985. The internal review procedures employed by the Forest Service in the approval of Chapter 30 were: (1) Washington Office

determined methodology should be developed; (2) Water Systems Development Group (WSDG) selected as entity to develop

methodology; (3) WSDG directed to develop methodology and Williams selected by Group Leader to take Lead; (4) Williams reviewed existing material and literature and recommended the task group approach; (5) WSDG inquired of knowledgeable

individuals, regional specialists, et al., to identify potential task group members knowledgeable and available to work on

project, trying to get broad regional representation; (6) administrative actions undertaken to secure involvement of

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-selected parties; (7) a task group of Forest Service personnel was assembled and input requested; (8) the WSDG prepared the initial draft; (9) WSDG requested input from others; (10) a

draft was circulated to task group members for initial review and revision; (11) following task group review, draft sent for

external review; (12) comments were received, reviewed and incorporated where possible by WSDG; (13) an edited draft was sent for review by various regions of the Forest Service; (14) following review by the regions, there was additional internal and external review; and (15) after the reviews were completed, the comments received were addressed and the document was

finalized for inclusion in the directive system.

At his deposition, Mr. Williams answered all questions propounded with regard to these internal review procedures and the details thereof. For further details of these procedures, please see the transcript of Mr. Williams' deposition.

(Reynolds)

Once the document was finalized, i t was issued as an interim directive on September 10 I 1985 nvater Information Management

System Handbook, FSH 2509.17, Chapter 30, Interim Directive No. 1, dated September 10, 1985). There were no substantive reviews or changes made from the time the draft was issued as an interim directive on September 10, 1985, to the issuance of the final directive in April 1989. A description of the directive writing, preparation and clearance procedures is contained in FSM Chapter 1120. A copy of this document will be provided upon request from counsel. At his deposition, Mr. Reynolds discussed his role in the directive review leading up to the issuance of the final directive in April 1989. See ~' Transcript of Gray Reynolds

deposition, pages 113-115. ·

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-STATE OF

COLORADO

ss:

COUNTY OF LARIMER

Owen R. Williams, being of lawful a9•, and having first been

duly sworn, deposes and states that he has answered the first

part

(followinq his

·name

in parenthQ;is) ot the foregoing

Interroqatory No. 9E,

Northern

Color~ao

Water Conservaney

District's Third set of Interrogatories

and

Request for

Production

of

Documents.

OWEN R. WILLIAMS

Subscribed and sworn to before

me thig

~~d

day of AuguQt,

1989.

Witness

_my

_{hand and otticial}

g .

_~~

OTAR~BLIC

My

Commission expires:

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-DISTRICT OF COLUMBIA

)

) SS:

)

GRAY F. REYNOLDS, being of lawful age, and having first been duly sworn, deposes and states that he has answered the second part (following his name in parenthesis) of the foregoing

Interrogatory No. 9E, Northern Colorado Water Conservancy District's Third Set of Interrogatories and Request for Production of Documents.

-r:L

Subscribed and sworn to before me this ~ day of August, 1989.

Witness my hand and official seal.

My Commission expires:

c.~~~

NOTARY PUBLIC

C. LORRAINE GORE NOTARY P'J!UC NT COW41SSION EXPIRES: MAY 14. 1190

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CERTIFICATE OF MAILING

I hereby certify that I have this 7th day of August 1989, caused copies of the foregoing UNITED STATES OF AMERICA'S SUPPLEMENTAL ANSWER TO INTERROGATORY NO. 9E, NORTHERN COLORADO WATER CONSERVANCY DISTRICT'S THIRD SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS to be served, via U.S. mails, postage prepaid, addressed as follows:

Ward H. Fischer, Esq.

Fischer, Brown, Huddleson and

Gunn ·

Post Office Drawer J

Fort Collins, co 80522 William H. Brown, Esq.

(Attorney for Thompson Water Users Association)

Fischer, Brown, Huddleson and Gunn

Post Office Drawer J

Fort Collins, co 80522 Timothy Flanagan, Esq. 550 15th Street, No. 900 Denver, co 80202

Gregory A. White, Esq. First National Bank Bldg. 200 E. 7th Street

Loveland, co 80537 David J. Miller, Esq. Post Office Box 1424 Greeley, co 80632

Kirk B. Holleyman, Esq. Hawley

&

Vanderwerf

730 17th Street, Suite 130 Denver, co 80202

Raymond Petros, Esq. Holme, Roberts

&

owen 1700 Lincoln, Suite 4100 Denver, co 80203

Donald F. McClary, Esq. Post Office Box 597 Fort Morgan, co 80701 Mayo Sommermeyer, Esq. Post Office Box 2166

Fort Collins, Colorado 80522

The Hon. Mary Dobbins Post Office Box 457

Silver Plume, CO 80476 William E. Bohlender, Esq.

1327 lOth Avenue Greeley, CO 80631 Steven M. Hannon, Esq. Post Office Box 129 Georgetown, co 80444 Michael D. Shimmin, Esq. Vranesh

&

Raisch

Post Office Box 871 Boulder, co 80306 Mr. Louis F. Bein Secretary

Handy Ditch Company Post Office Box 460 Berthoud, co 80513 Kim Lawrence, Esq. 1011 11th Avenue Greeley, CO 80631 Lysle R. Dirrim, Esq.

Gaunt, Dirrim, Coover

&

Phelps 25

s.

4th Avenue

Brighton, CO 80601 F. Ray DeGood, Esq. Post Office Box 657

Loveland, CO 80537-0657

Gary L. Greer, Esq. Sherman

&

Howard

2900 1st of Denver Plaza 633 17th Street

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Mirror Lake Partners

Wheeler Management Group, Ltd. 812 Eighth Street

Greeley,

co

80631 Alden T. Hill, Esq. Hill, Hill and Manges Post Office Box 421 Fort Collins,

co

80522 Robert

v.

Trout, Esq. Davis, Graham

&

Stubbs Post Office Box 185 Denver,

co

80201-9400 Jeffrey J. Kahn, Esq.

Grant, Bernard, Lyons

&

Gaddis Post Office Box 978

Longmont,

co

80502

Robert D. & Glenda Dinsmore 2485 Hwy. 86

Castle Rock,

co

80104 Joseph A. Cope, Esq. Musick

&

Cope

Post Office Box 4579 Boulder,

co

80306

David

c.

Hallford, Esq. Saunders, Snyder, Ross and

Dickson, P.C.

707 17th Street, Suite 3500 Denver,

co

80202

stephen T. Williamson, Esq. Post Office Box 857

Louisville,

co

80027 Carol D. Angel, Esq. Marie Sansone, Esq.

Assistant Attorney General state of Colorado

Natural Resources Section 1525 Sherman Street, 3rd Fl. Denver,

co

80203

John U. Carlson, Esq.

1700 Lincoln Street, No. 3900 Denver,

co

80203

Denver Water Board 1600 West 12th Avenue Denver,

co

80254

Moses, Wittemyer, Harrison

&

Woodruff

Post Office Box 1440 Boulder,

co

80306 Randolph Starr, Esq. Post Office Box 642 Loveland,

co

80539 John M. Dingess, Esq.

Hughes, Duncan

&

Dingess, P.C. 1660 Lincoln, Suite 1975

Denver, CO 80264 John Akolt, Esq.

Clanahan, Tanner, Downing

&

Knowlton

1600 Broadway, Suite 2400 Denver,

co

80202

Kenneth S. Fellman, Esq. Kissinger and Lansing, P.C. 3773 Cherry Creek North Drive

Suite 900

Denver, CO 80209 Kevin B. Pratt, Esq. Howard Holme, Esq.

Fairfield and Woods, P.C. 1700 Lincoln Street

suite 2400

Denver,

co

80203

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-Frederick A. Fendel, III Broadhurst, Petrock

&

Fendel 1630 Welton Street, No. 200 Denver,

co

80202

Michael D. White, Esq. David F. Jankowski, Esq. White

&

Jankowski

511 16th Street, No. 500 Denver,

co

80202

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Heather Ryan, Esq. Post Office Box 1170 Boulder,

co

80304 M. E. MacDougall, Esq.

Geddes, MacDougall, Geddes and Paxon, P.C.

530 s. Nevada Avenue

Colorado Springs,

co

80903 Richard

o.

Auster.mann, Esq. 1707 Cole Boulevard

Golden, Colorado .80401

w.

Paul Eckman, Esq. Assistant City Attorney City of Fort Collins 300 La Port Avenue

Fort Collins, Colorado 80521 Krassa, Lindholm, Kumli

&

Madsen

1911 11th Street, suite 210 Boulder,

co

80302

James s. Wahlberg Delilah Wahlberg Post Office Box 87

Idaho Springs, Colorado 80452 Anne J. Castle, Esq.

steven G. Barringer, Esq. Holland

&

Hart

Post Office Box 8749 Denver, Colorado 80201 George McCoy

Engineer, Water Department City of Greeley

1000 lOth Street

Greeley, Colorado 80631 Anthony L. Martinez, Esq. Office of the City Attorney City of Thornton

9500 Civil Center Drive

&

f)

<:_

Thornton, Colorado

80229-. 1220 -~--~