Free Motion for Discovery - District Court of Federal Claims - federal

Case 1:05-cv-00381-CFL

Document 44-6

Filed 05/25/2007

Page 1 of 3

Exhibit E

Case 1:05-cv-00381-CFL

Document 44-6

Filed 05/25/2007

Page 2 of 3

IN THE UNED STATES COURT OF FEDERAL CLAIMS

ARSAS GAM & FISH
COMMISSION,

)
)

Plaintiff,
v.

) ) )
) ) ) )

No. 05-381 L
Judge Charles F. Lettow

UNITED STATES OF AMERICA,
Defendant.

)

DECLARTION OF ROGER CHRIS HICKLIN
J, Hoger Chris Hicklin, pursu.mt to the provisions of28 u.S.C. § 1746, declare under

penalty ofpeijury, that the statements contaied herein are tre and correct.
1. I am the Chief of

the Planng and Environmental Office for the Little Rock District of

the United States Corps of

Engieers.

2. For almost thee decades, I have been a 'n-equent visitor to the Dave Donaldson-Black

River Wildlife Management Area ("WM"). From 1980 to the present, I have hunted on
the W1. I purchased a hunting cabin that borders the WMA in i 987, which I stil own
today. Additionally, durin.g various points of

my 28-year career with the Little Rock
Engineers, I have worked on projects relating

District ofthe United States Corps of

to the

WMA. During my years visiting the WMA, I have navigated the property by foot, boat,
ATV, and trck.

~. On May 15, 2007, I visited the WMA for the purpose of observing the surface water on
various areas of

the property. Jennifer Dalton, an attorney with the Little Rock District of

the United States Coips of Engin.eers, accompanied me.

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Case 1:05-cv-00381-CFL

Document 44-6

Filed 05/25/2007

Page 3 of 3

4. On Ma.y 15,2007, I visited by trck and foot the followig areas on the WM: the

Winchester Greentree Reservoir, Upper Reyno Greentre0 Reseroir, Lower Reyno
Greentree Reservoir, Schaffer's Eddy Landig, Brookíngs, and Hubble Bridge. I

only

viewed the edges of the areas because I was not in a boat an.d the are.as were flooded. I
did not attempt to reach the Goor Slough area because of the high water.
5. All of

the areas that I visited 011 the WM were inundated with water. The only way to
navigate throughout t.he entire WMA in this condîtion would be by boat. The WMA

water levels on May 15, 2007 were similar or higher to water levels tyical during duck
hunting season, when Arkansas Ga.me & Fish Commssion artificially floods the WMA
6. I noted that the water gage at Corng, Arkansas, which is located upstream. of

the WMA

and is an indicator of

water conditions within the WJ, was approximately 11.0 feet. I

took several pictures, which are attached to my declaration, during my visit to the WM
on May 15,2007., Exhibit A includes pictures ftom the Winchester Greentree Reservoir.
Exhbit B includes pictures from the Reyna Levee, which is the western boundary of

the

Upper and Lower Reyno C'"Jeentree Reservoirs, and ftom a small levee within the
Greentree a.reas, Exhibit C includes pictures of

Schaeffer's Eddy. Exhibit D includes
the Brookings staff gage that
Hubble Bridge, wi.th the road.

pictures from the Brookings area, induding a picture of

reads 267.65 feet above sea leveL. Exhibit E is a picture of

on both sides of

the bridge under water.

r Ch:7ckin ~ZI 2007
Date

II

2