Free Response to Motion - District Court of Federal Claims - federal

Case 1:04-cv-00541-CCM

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
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STOCKTON EAST WATER DISTRICT, CENTRAL SAN JOAQUIN WATER CONSERVATION DISTRICT, SAN JOAQUIN COUNTY, CITY OF STOCKTON, CALIFORNIA WATER SERVICE COMPANY, Plaintiffs,
V.

UNITED STATES OF AMERICA, Defendant.

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No. 04-541 L Judge Christine OdeU Cook Miller

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NOTICE OF DEPOSITION OF THE UNlqT',D STATES OF AMERICA Pursuant to RCFC 26 AND 30, plaintiffs will take the deposition upon oral

of Defendant, United States of America, commencing at 9:00 a.m. on June 15, 200

deposition will take place at the offices ofHerum Crabtree Brown, 2291 West Marc

B100, Stockton, California, 95207. The testimony shall be recorded by stenogra

and Realtime means. The deposition will be used for discovery and for any other

under the Rules of the United States Court of Federal Claims. The deposition w day to day until completed, Pursuant to RCFC 30(b)(6), Defendant is required to designated one or more

directors, or managing agents, or other persons who consem to testify on its beh forth for each person designated the matter or matters on which the person will matters on which examination is requested are:

1. The allocation methodology used for allocation of water, including water to plaintiffs pursuant to their 1983 contracts, from New Melones reservoir

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from 1993 to the present. As part of its testimony on this issue, the desig shall beprepared to identify and describe the electronic files located on produced by the United States in this ease, that relate to this issue. The interactive using a computer and these electronic files and the witness is have a working knowledge of the relevant fries.
2,

The accounting methodology used for New Melones reservoir for each year fro the present. As part of its testimony on this issue, the designated witness prepared to identify and describe the electronic files located on CDs 1, 2 by the United States in this ease, that relate to this issue. The depositio interactive using a computer and these electronic files and the witness is a working knowledge of the relevant files.
.

The CVPIA (b)(2) accounting for water from New Melones reservoir for each yea 1993 to the present. As part of its testimony on this issue, the designate prepared to identify and desen'be the electronic files located on CDs 1, 2 by the United States in this case, that relate to this issue. The depositio interactive using a computer and these electronic files and the witness is a working knowledge of the relevant files.

.

The communications between the United States and the plaintiffs regarding f allocations and schedules for releases from New Melones reservoir for each y 1993 to the present.

,

The electronic documents produced by the United States on CDs 1, 2 and 3. its testimony on this issue, the designated witness shall be prepared to i describe the electronic files located on CDs 1, 2 and 3 produced by the Uni this case. The deposition will be interactive using a computer and these e and the witness is expected to have a working knowledge of the relevant fil

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The intent of the United States in negotiating and executing the 1983 cont Stockton East and Central.

.

The intent of the United States in requesting Central to enter into a Tempo Service contract with the United States in 1982.

.

The United States" understanding, prior to Decembe~ 19, 1983, of how much w be used from New Melones for fish and water quality purposes when it negoti executed the 1983 contracts with Stockton East and Central.

.

The United States' understanding of the meaning ot""buildup to full Basin "needs within the Basin" and "basin use" as used in the 1983 contracts wi East and Central.

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10. The manner, including any and all documents or communications, in which the States determined the "needs within the Basin" and "basin use" as used in the contracts with Stockton East and Central from 1983 to the present.

11. Any claim of non-performance, breach or any other a¢~ or fact related to Stockt Water District or Central San Joaquin Water Conservation District which might defendant's performance under the 1983 contracts with plaintiffs.

12. The identification and explanation of any and all eorr~Enunications between th States and any of the plaintiffs regarding any issues of alleged contract nonor breach by Stockton East or Central.

13. The modeling work done by the United States in its preparation of the Interim Plan. As part of its testimony on this issue, the designated witness shall be identify and describe the electronic produced by the United States in this ea to this issue. The deposition will be interactive using a computer and these and the witness is expected to have a working knowledge of the relevant files.

Any determinations made regarding desired carry-over storage levels in New Mel 14. reservoir from 1983 to the present. As part of its testimony on this issue, t witness shall be prepared to identify and describe the electronic produced by States in this case, that relate to this issue. The deposition will be inter computer and these electronic files and the witness is expected to have a work knowledge of the relevant files.

15.Any and all documents or studies performed, commissioned, or reviewed by the States in order to determine a desired carry over storage target for New Melone reservoir, from 1983 to the present. As part of its testimony on this issue, witness shall be prepared to identify and describe the electronic produced by States in this case, that relate to this issue. The deposition will be inter computer and these electronic files and the witness is expected to have a work knowledge of the relevant files. 16. Any and all communications between the State WateT Resources Control Board and United States regarding New Melones reservoir between 1970 and the present.

The method that the United States has used to determine the quantity of "cont 17. demands" for the purposes of calculating the formula for fishery releases con 1987 Agreement between the United States and the California Department ofFish Game.

18. Any and all communications between the United States and the California Depar Fish and Game regarding implementation of the formula for fishery release co the 1987 Agreement between the United States and the California Department of and Game.

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19. The manner, including any and all documents or conmaunications, in which the States determined how much water to use for fishery purposes from New Mclones 1993 to the present.

The manner, including any and all documents or communications, in which the 20. States determined how much water to use for water quality purposes from New Me from 1993 to the present.

2 I. Any and all communications between the United States and the United States Wildlife Service regarding the determination of how much water to use for fis purposes from New Melones from 1993 to the present (not previously produced i
case).

22. The manner, including any and all documents or connmmieations, in which the States determined that fishery and water quality releases from New Melones sh made and additional releases for Stockton East and Ccmtml should not be made, 1993 to the present.

Any efforts, notices, or other acts by the United States to reduce interim wa 23. to Stockton East Water District, pursuant to Article 3(a) of the 1983 contrac United States and Stockton East.

Any efforts, notices or other acts by the United States to reduce interim wate 24. Central San Joaquin Water Conservation District, pursuant to Article 3(a)(2) contract between the United States and Central San Joaquin Water Conservation
)

Any efforts, notices or other acts by the United States to withdraw firm wate 25. Central San Joaquin Water Conservation District, pursuant to pursuant to Arti 3(a)(1)of the 1983 contract between the United States: and Central San Joaquin Conservation District.

26. The manner, including any and all documents or communications, in which the States determined how to apply the shortage provision in Section 9 of the 19 with Central and Stockton East in each year from 1993 to the present.

The best efforts of the United States to fulfill the cowmant of good faith a 27. in performance the 1983 contracts with Central and Stockton East from 1993 t present.

28. Any and all documents, reports or evaluations of any kind done by the United served to change the conclusions of the 1980 Special Report regarding New Mel Reservoir, cited in Section 1 (d) of the Stockton East Contract and Section 1 Central Contract.

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Any and all documents, reports or evaluations of any kind done by the Unite 29. served to alter the contracting policies adopted by the Secretary of the Dep Interior in the Basis of Negotiations for the New Melones Unit, approved in

The manner, including any and all documents or communications, in which th 30. States determined to enter into the Principles for Agreement in 1994.

31. The manner, including any and all documents or coramtmications, in which t States determined to make releases from New Melones Reservoir in each year f through the present in order to uphold its contractual commitments in the Agreement.

32. Any and all communications between the United States and other parties in e l~om 1994 through the present regarding the manner in which the United Stat meet the contractual commitments made in the Principles for Agreement.

33. Any and all documents, reports or evaluations of any kind done by the Unite evaluated the impact on New Melones of fulfilling the contractual commitme the United States in the Principles for Agreement.

34. The manner, including any and all documents or communications, in which t States determined to petition the State Water Resot~rces Control Board to am right permits in order to meet the contractual comrrritments in made in the Agreement.

35. The manner, including any and all documents or communications, in which t States determined to enter into the San Joaqnin Riw~r Agreement.

36. The manner, including any and all documents or commtmications, in which t States determined to make releases from New Melones Reservoir in each year through the present in order to uphold its contractual commitments in the River Agreement.

37. Any and all communications between the United States and other parties in e from 1994 through the present regarding the manner in which the United Stat meet the contractual commitments made in the San Joaquin River Agreement.

38. Any and all documents, reports or evaluations of any kind done by the Unite evaluated the impact on New Melones of fulfilling the contractual commitme the United States in the San Joaquin River Agreement.

39. The manner, including any and all documents or communications, in which t States determined that it would operate the Central Valley Project in order the Endangered Species Act from 1993 to the present.

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40. The manner, including any and all documents or con~aaunications, in which th States determined that it would operate the Central Valley Project in order the Endangered Species Act from 1993 to the present,

41. The manner, including any and all documents or communications, in which the States determined that it would operate the Central Valley Project in order the Vernalis Salinity Standard from 1983 to the present.
2,

Any and all communications between the United States and other parties in eac from 1994 through the present regarding the manner in which the United State meet the Vemalis Standard and the alternatives available for doing so.

The manner, including any and all documents or communications, in which the 43. States determined that it would acquire water in order to comply with Secti ¯ the Central Valley Project improvement act from 199'2 to the present.

Any and all commtmications between the United States and others in each year 44. 1992 through the present regarding the manner in which the United States wou with Section 3406(d) of the Central Valley Project inaprovement Act.

The manner, including any and all documents or communications, in which th 45. States evaluated the impact on water quality in the San Joaquin River result action to comply with Section 3406(d) of the Central Valley Project improvem from 1992 to the present.

46. Any and all communications between the United States and others in each year 1992 through the present regarding the impact on waler quality in the San Jo resulting from its actions to comply with Section 3406(d) of the Central Va Improvement Act.

47. The manner, including any and all documents or communications, in which th States has complied with the court order in Sumner Peck Ranch v. Reclamation

Any and all communications between the United Stales and other parties in ea 48. regarding the United States' actions to comply with court order in Sumner Reclamation.

Pursuant to RCFC 26, the United States is directed to bring with it all doc

and other tangible things not previously produced for ~ection and copying t concern in any way any of the above subjects.

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Dated: June 1, 2005

MARZULLA & MARZULLA 1350 Connecticut Avenue, N.W. Suite 410 Washington, D.C. 20036 (202) 822-6760 (202) 822-6774 (faesimiie) Jeanne M. Zole~i Jennifer L. Spaletta Herren Crabtree Brown 2291 West March Lane Suite B 100 ' Stockton, CA 95207 (209) 472-7700 (209) 472-7986 (facsimile)

Counsel for Plaintiffs

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