Free Exhibit List - District Court of Federal Claims - federal

Case 1:05-cv-01042-CFL

Document 52

Filed 10/22/2007

Page 1 of 5

IN THE UNITED STATES COURT OF FEDERAL CLAIMS THE DALLES IRRIGATION DISTRICT, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-1042C (Judge Lettow)

DEFENDANT'S EXHIBIT LIST Pursuant to Rule 16 and Appendix A of the Rules of the United States Court of Federal Claims, defendant plans to introduce the following exhibits either during the cross-examination of plaintiff's witnesses or during its case-in chief. Defense Exhibit No. 1 Date 6/13/1960 Description of Exhibit Transcript of hearing before the U.S. Senate Subcommittee on Irrigation and Reclamation on Senate Bill 2195 ("S. 2195") authorizing construction, operation, and maintenance of The Dalles Federal Reclamation Project Project Planning Report on The Western Division, The Dalles Project, Oregon U.S. Senate Report No. 1752 regarding The Dalles Federal Reclamation Project to accompany S. 2195 U.S. House of Representatives Report No. 2203 regarding The Dalles Federal Reclamation Project to accompany S. 2195 Offered Through Judicial Notice1 Disposition

2

6/22/1960

Judicial Notice

3

6/28/1960

Judicial Notice

4

8/30/1960

Judicial Notice

Defendant will request that the Court take judicial notice of defendant's exhibits 1-5 pursuant to Fed. R. Evid. 201.

1

Case 1:05-cv-01042-CFL

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5

9/13/1960

6

10/19/1961

7 8

8/1962 3/26/1963

9 10

3/1967 9/28/1990

11

2/15/1985

Authorizing Legislation of The Dalles Reclamation Project, Public Law 86745, 74 Stat. 882 Repayment contract between The United States of America and The Dalles Irrigation District ("TDID") Definite Plan Report Memorandum of Understanding between The Bonneville Power Administration and The Bureau of Reclamation "BOR"), including all Exhibits, Revisions, and Amendments Cost Allocation Report, The Dalles Dam Memorandum Implementing Revised Irrigation Power Rates for The Dalles and Other Projects Memorandum Implementing Irrigation Power Rates for Various Projects

Judicial Notice

The following exhibits may be used by defendant to rebut plaintiff's evidence. Defense Exhibit Number 12 Date Description of Exhibit Offered Through Disposition

12/9/1982

13 14

2/7/1983 4/15/2002

Letter from The Dalles Irrigation District to Bill Lloyd, BOR Letter from Neil Stessman, BOR, to Don Bailey, TDID Letter from Darryl Beckmann, BOR, to Marvin Polehn, TDID

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Case 1:05-cv-01042-CFL

Document 52

Filed 10/22/2007

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15

5/15/2003

16

11/07/2003

17 18 19

1999-2006 2003-2007 8/3/1961

20

9/1/1961

21

12/1/1961

22

12/13/1961

23

1/15/2007

Letter from Arden Shenker, Counsel for TDID, to Terry Kent, BOR Letter from Terry Kent, BOR, to Arden Shenker, Counsel for TDID, with enclosures Notices of pumping charges sent to TDID TDID Summary of Cost Recovery (FRE 1006) Memorandum relating to delivery of power for the operation of pumping plants at The Chief Joseph Project and The Dalles Project Letter from J.J. Mangan, BPA, to Regional Director, BOR Letter from Regional Director, BOR, to Administrator , BPA Letter from Administrator, BPA, to Regional Director, BOR Expert report of Dr. W. David Eberle

Demonstrative exhibits will be furnished to the plaintiff 48 hours in advance of use at trial pursuant to the Court's pretrial order in Boston Edison Co. v. United States, No. 99-447C (Fed. Cl.), which the Court indicated would also apply in this case. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director 3

Case 1:05-cv-01042-CFL

Document 52

Filed 10/22/2007

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s/ Franklin E. White, Jr. FRANKLIN E. WHITE, JR. Assistant Director OF COUNSEL CLARK MILLER U.S. Department of the Interior Attorney-Advisor Field Solicitor=s Office 960 Broadway Ave., Suite 400 Boise, ID 83706 Tel: (208) 334-1906 Fax: (208) 334-1918 /s/ Armando A. Rodriguez-Feo ARMANDO A. RODRIGUEZ-FEO Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 307-3390 Fax: (202) 514-8624 Attorneys for Defendant October 22, 2007

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Case 1:05-cv-01042-CFL

Document 52

Filed 10/22/2007

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CERTIFICATE OF FILING I hereby certify that on this 22nd day of October, 2007, a copy of the foregoing ADEFENDANT'S EXHIBIT LIST@ was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court=s electronic filing system. The parties may access this filing through the Court=s system.

s/ Armando Rodriguez-Feo