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

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1 DISTRICT COURT, WATER DIVISION NO. 1, COLORADO Case No. W (W , W , W , W ) 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 , Chapter 30, Interim Directive No. 1, dated September 10, 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

2 -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, it was issued as an interim directive on September 10 I 1985 nvater Information Management System Handbook, FSH , 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 A description of the directive writing, preparation and clearance procedures is contained in FSM Chapter 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 See ~' Transcript of Gray Reynolds deposition, pages

3 STATE OF COLORADO COUNTY OF LARIMER ss: 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, Witness my hand and otticial g. ~~ OTAR~BLIC My Commission expires: - 3 -

4 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, Witness my hand and official seal. My Commission expires: c.~~~ NOTARY PUBLIC C. LORRAINE GORE NOTARY P'J!UC NT COW41SSION EXPIRES: MAY

5 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 William H. Brown, Esq. (Attorney for Thompson Water Users Association) Fischer, Brown, Huddleson and Gunn Post Office Drawer J Fort Collins, co Timothy Flanagan, Esq th Street, No. 900 Gregory A. White, Esq. First National Bank Bldg. 200 E. 7th Street Loveland, co David J. Miller, Esq. Post Office Box 1424 Greeley, co Kirk B. Holleyman, Esq. Hawley & Vanderwerf th Street, Suite 130 Raymond Petros, Esq. Holme, Roberts & owen 1700 Lincoln, Suite 4100 Donald F. McClary, Esq. Post Office Box 597 Fort Morgan, co Mayo Sommermeyer, Esq. Post Office Box 2166 Fort Collins, Colorado The Hon. Mary Dobbins Post Office Box 457 Silver Plume, CO William E. Bohlender, Esq loth Avenue Greeley, CO Steven M. Hannon, Esq. Post Office Box 129 Georgetown, co Michael D. Shimmin, Esq. Vranesh & Raisch Post Office Box 871 Boulder, co Mr. Louis F. Bein Secretary Handy Ditch Company Post Office Box 460 Berthoud, co Kim Lawrence, Esq th Avenue Greeley, CO Lysle R. Dirrim, Esq. Gaunt, Dirrim, Coover & Phelps 25 s. 4th Avenue Brighton, CO F. Ray DeGood, Esq. Post Office Box 657 Loveland, CO Gary L. Greer, Esq. Sherman & Howard st of Denver Plaza th Street

6 Mirror Lake Partners Wheeler Management Group, Ltd. 812 Eighth Street Greeley, co Alden T. Hill, Esq. Hill, Hill and Manges Post Office Box 421 Fort Collins, co Robert v. Trout, Esq. Davis, Graham & Stubbs Post Office Box 185 Denver, co Jeffrey J. Kahn, Esq. Grant, Bernard, Lyons & Gaddis Post Office Box 978 Longmont, co Robert D. & Glenda Dinsmore 2485 Hwy. 86 Castle Rock, co Joseph A. Cope, Esq. Musick & Cope Post Office Box 4579 Boulder, co David c. Hallford, Esq. Saunders, Snyder, Ross and Dickson, P.C th Street, Suite 3500 stephen T. Williamson, Esq. Post Office Box 857 Louisville, co Carol D. Angel, Esq. Marie Sansone, Esq. Assistant Attorney General state of Colorado Natural Resources Section 1525 Sherman Street, 3rd Fl. John U. Carlson, Esq Lincoln Street, No Denver Water Board 1600 West 12th Avenue Denver, co Moses, Wittemyer, Harrison & Woodruff Post Office Box 1440 Boulder, co Randolph Starr, Esq. Post Office Box 642 Loveland, co John M. Dingess, Esq. Hughes, Duncan & Dingess, P.C Lincoln, Suite 1975 Denver, CO John Akolt, Esq. Clanahan, Tanner, Downing & Knowlton 1600 Broadway, Suite 2400 Kenneth S. Fellman, Esq. Kissinger and Lansing, P.C Cherry Creek North Drive Suite 900 Denver, CO Kevin B. Pratt, Esq. Howard Holme, Esq. Fairfield and Woods, P.C Lincoln Street suite 2400 Frederick A. Fendel, III Broadhurst, Petrock & Fendel 1630 Welton Street, No. 200 Michael D. White, Esq. David F. Jankowski, Esq. White & Jankowski th Street, No

7 Heather Ryan, Esq. Post Office Box 1170 Boulder, co M. E. MacDougall, Esq. Geddes, MacDougall, Geddes and Paxon, P.C. 530 s. Nevada Avenue Colorado Springs, co Richard o. Auster.mann, Esq Cole Boulevard Golden, Colorado w. Paul Eckman, Esq. Assistant City Attorney City of Fort Collins 300 La Port Avenue Fort Collins, Colorado Krassa, Lindholm, Kumli & Madsen th Street, suite 210 Boulder, co James s. Wahlberg Delilah Wahlberg Post Office Box 87 Idaho Springs, Colorado Anne J. Castle, Esq. steven G. Barringer, Esq. Holland & Hart Post Office Box 8749 Denver, Colorado George McCoy Engineer, Water Department City of Greeley 1000 loth Street Greeley, Colorado Anthony L. Martinez, Esq. Office of the City Attorney City of Thornton 9500 Civil Center Drive & f) <:_ Thornton, Colorado ~--~ 0