Free Motion in Limine - District Court of Federal Claims - federal

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Case 1:03-cv-00600-EJD

Document 66-7

Filed 01/23/2008

Page 1 of 39
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IN THE UNITED STATES COURT OF FEDERA CLAIMS
CHEYENNE RIVER SIOUX

TRIBE, ET AL. ,
PLAINTIFFS,
4

) ) )

CIVIL NO. 03-600-L
DEPOSITION OF JOHN REMUS

) )

VS.
5

) )

THE UNITED STATES OF
6

) )
)

AMERICA,.

TAKEN ON BEHALF OF

PLAINTIFFS

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8

DEFENDANT.

)

)

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10

Susan M. McKenzie, General Notary Public wi thin and
for the State of Nebraska, beginning at 9:00 a.m. on August 23, 2006, at the offices of the United States Corps of Engineers, 106 15th Street, Omaha, Nebraska.

DEPOSITION OF JOHN REMUS taken before

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Case 1:03-cv-00600-EJD

Document 66-7
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1 APPEARANCES
2 ON BEHALF OF PLAINTFF:
MS. PAMELA SNYDER-VARNS
3 Gunderson, Palmer, Goodsell & Nelson, LLP

1 NOTARY PUBUC
2 CERTIFICATION OF QUESTONS
3 I, SUSAN McKENZIE, Certified Shorthand

American Memorial Life Building
4 440 Mt. Rushmore Road

4 Reporter, General Notary Public within the State of

Rapid City, SD 57709
5 (605) 342-1078 Fax (605) 342-9503

5 Nebraska, do hereby certify that I took the
6 deposition of JOHN REMUS on the 23rd day of August,
7 2006, in the above-captioned matter, with the
8 following questions being asked, and the witness
9 refusing to answer same, and certification being

and
6 MS. TRCEY FISCHER

Cheyenne River Sioux Tribal Attmey
7 Box 1, Fort Pierre, SD 57532

(605) 223-9099 Fax (605) 223-9199

8
ON BEHALF OF DEFENDANT:

10 requested:
11

9 MR. JAMES D. GET U.S. Departent of Justice
10 Environment & Natural Resources Division 601 D Street NW
11 Washington D.C. 20004
(202) 305-1461 Fax (202) 514-8855

12 and MR. THOMAS J. INGRAM, iv, Asistnt District Counsel
13 US Army Corps of Engineers

12 PAGE: 69 UNE: 12 13 14 15 IN WITNESS WHEREOF, I hereunto affx my

106 South 15th Street 14 Omaha, NE 68102
(402) 221-7599 Fax (402) 221-4051

16 signature and seal the ~ day of , 2006.
17 18 19
SUSAN McKENZIE
GENERAL NOTARY PUBUC

15

15 ALS PREENT: LINDA BURKE
17

20

18 19 20 21 22 23 24 25

21 22 MY COMMISSION EXPIRES: 23

24 25
Page 3

2 CAE CAPTON. . . . . . . . . . . . .. Page 1
APPEARANCES. . . . . . . . . . . . .. Page 2 3 INDEX................. Page 3 CERTIFIED QUESTONS. . . . . . . . .. Page 4 4 TESTMONY............... Page 5
REPORTER CERTIFICATE. . . . . . . . .. Page 147

1 INDEX

Page 5

1 (Whereupon, the following proceedings were

3 JOHN REMUS
4 having been first duly sworn
5 was examined and testified as follows:

2 had, to-wit:)

5 'COST CERTIFICATE. . . . . . . . . . .. Page 148 READ & SIGN LER . . . . . . . . . .. Page 149 5 ERRATA SHEET. . . . . . .'. . . . . .. Page 150 7 DIRECT EXMINATION
By Ms. Snyder-Varns ... . . . .. Page 4

6 DIRECT EXMINATION
7 BY MS. SNYDER-VARNS:

8
CROSS EXMINATION

8 Q Would you please state your name for the
9 record?

9 By Mr. Gette . . . . . . . . . .. Page 138
10 REDIRECT EXMINATION By Ms. Snyder-Varns . . . . . . .. Page 144
11

10 A John Remus.

12 13
EXHIBITS
MARKED

11 Q What is your business address? 12 A 106 South 15th Street, Omaha, Nebraska.
13 Q Mr. Remus, my name is Pam Snyder-Varns.

14

2 - CORP OF ENGINEERS OMAHA DISTCT
15 WEB PAGE - AVAILABLE SERVICES

35

3 - CORPS OF ENGINEERS OMAHA DISTCT

14 I am a lawyer for the Plaintiffs in this matter. 15 And I would just like to go through a few deposition 16 rules by way of reminder.
56

16 WEB PAGE - CURRENT PROJECTS 48
4 - AGGRADATION AND DEGRADATION ASPECTS

17 OF THE MISSOURI RIER MAIN STM DAMS

5 - HAND DRAWING 58

17 Have you ever had your deposition taken 18 before?

18 6 - MOREU RIVER, OAHE PROJECT, SEDIMENTATION ANALYSIS - AUGUST 2002

19 A Yes.
74

20 Q Well, if I ask a question that you don't
21 understnd, just let me know and I wil rephrase it.

19 7 - HYDRAULICS SECTON AGGRADATION STDY

MOREU RIVER - OCTOBER 16, 2003 116
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21

22 If you would try to remember -- and I wil try to do
23 the same -- to stte your answers out loud and wait 24 until I'm finished, and I'll try to wait until you're 25 finished so the court reporter can get our words

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down.
If you need a break, just let me know, and if there's not a question pending, we'll take a break. I tend to forget about that, so it's fair to Jet me know.

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What is your current position there? A I am Chief of the Sedimentation and Channel Stabilization Section.
Q Q
A

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How many sections within the division? The Hydrologic Engineering Branch, there's

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What is your profession?
A
I'm a Hydraulic Engineer.

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five sections. And then in the Engineering Division

there's five more branches.
Q

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Q
A

Q
A

And where did you go to school for that? University of Nebraska at Lincoln. When was that?

Who is the Cchief of the Hydrologic

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From 1978 through 1985.
And you have a graduate degree as well? Yes.

Engineering Branch? A Larry Buss. Q And who is the Chief of the Engineering
Division? A John Bertino. Q How many people are in the Hydrologic Engineering Division? A The Hydrologic Engineering Branch right now has about four five employees. Q How many people are under you in the

Q
A

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Q
A

And what is that in?
Civil Engineering. And where did you get that?
At Lincoln.

Q
A

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Okay. Any other training after your graduate degree, which is what? A Master of Civil Engineering is my graduate degree. I've had one additional graduate level course in Sediment Transportation, and I've taken
Q

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Sedimentation and Channel Stabilzation Section? A There's eight full-time permanent employees, and then the students vary from two to six depending on the workload and time of year.
Q
A

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numerous training courses offered by the Corps, offered by other vendors relative to sediment
transport, Fluvial geomorphology, and just some
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How long have you been the Chief of this --

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Q

About 15 years. What are your duties and responsibilties
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management type courses here at the Corps. Q And you're a certified engineer in the

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as the Chief of the Channel Stabilization and

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State of Nebraska?
A

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Sedimentation Section?
A

My duties include supervision of the

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Registered Professional Engineer in the

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employees in the section, putting together budgets
for O&M programs, for specific -- project-specific
work, technical review of product, technical

State of Nebraska, yes.
Q
A

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And what memberships and what professional

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organizations do you have?
I'm a member of the Society of American

production of some product, of some of the more

diffcult more complex projec. I also do
administrative work as far as contract management for

Miltary Engineers and a member of the American
Society of Civil Engineers. Q And your employed with the Corps of Engineers? A Yes.
Q
A

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AE contract. I also serve on the Corp of Engineers
Channel Stabilization Committee, which is a nationwide committee. Q What do you do in that capacity? A Which capacity?
Q
A

How long have you been with the Corps? Twenty-one years.
And what position did you start out with
I strted out as a Journeyman Hydraulic

The Channel Stabilzation Committee.

Q
A

I'm just a member of that committee. We--

when you came to the Corps?

it's a nationwide committee of expert in river
engineering. We assist district in solving very
special problems.

Engineer doing the same work that I do today -- or that I supervise today.
Did you start in the Omaha District? A Yes. Q So you have ben here in the Hydrologic Engineering Division for 21 years? A Yes.
Q

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Such as? If they have a flood control project that is unique and they need expertise that they don't
Q
A

have, or a navigation problem, anything to do with

water resources. Q That's a nationwide committee you said?

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Uh-huh. Q What types of individuals or Iguess Corps positions are a part of that committee? And how big
A

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Navigation issues, maybe ten to 15 percent

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of my time.
What does it consist of? Reviewing designs for the maintenance of the navigation project from Sioux City down to Rulo,
Q
A

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is it?
A Right now we have eight members on there. They are comprised of seven Hydraulic Engineers and a

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Nebraska, assistance to the users of the navigation
project, conducting surveys of the channel, directing surveys of the channel, and going to meetings with

Geotechnical Engineer, and then we have one
Administrative Assistnt.

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Q
A

When did that committee could into being? I don't know.

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Q Would you say that it's somewhat prestigious to be on this committee? A Yes.

navigators. Q One of your responsibilities is channel restoration?
A

Q

Yes. What does that consist of?

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Q
A

And it comes from your experience and
Yes.

expertse?
Q
A

A We have a large restoration project that has been underway since the early 1990 to restore

aquatic and terresterial habitat along the Missouri

How long have you been. on it?
Since 1999.
Seven years?

River, and then we're moving forward with that. Q Where?
A It has been concentrating from Sioux City down to the mouth at St. Louis, but in recent years we've expanded it to include the Missouri River all

Q
A

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Q
A

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Yeah. Were you appointed to the committee? Yes.
By whom?

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Q

A By -- I was nominated by someone who was leaving the committee, and the committee approved the

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the way to Fort Peck, Montana. Q And that's driven by environmental purposes of the I guess Omaha District management of the
Missouri river main stem system?

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nomination.
Q
A

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It's mandated by the Endangered Speies Act

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The committee itself?

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Yeah, the remaining members of the committee.
Q
A

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and through a couple separate appropriations from

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Congress. Q When we were talking about channel

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Who is the chair of the committee? Ed Sing.

restoration, that assumes that channels deteriorate? MR. GEn: Objecion.
BY MS. SNYDER-VARNS:

Q
A

And who is he?

He's a Hydraulic Engineer in the South Pacific Division in the Corp of Engineers. Q Is he comparable to you in rank within the

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Corps?
A No. I would say he'd be above me in rank in the Corps.

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Q Can you just tell me what causes channels to deteriorate? MR. GEn: Objecion. THE WITESS: That really is -- I don't really undersnd the question about
"deteriorate." Define that.

14 Q He's Chief of the Hydrologic Engineering -15 A I don't think he's chief of anything. He's 16 just in the Division offce, which is above the 17 District offce in the hierarchy of the Corps. 18 Q Getting back to your duties and 19 . responsibilties here in the Omaha Distict, I see 20 from your bio from the web page that one of them is 21 navigation design constructon, oversight and 22 monitoring of navigation. 23 A Yes. 24 Q How much of your time do you spend on 25 navigation issues?

BY MS. SNYDER-VARNS:

Q Just basic information that you probably assume in your day-to-day work. But I'm asking you, what is channel restoration? Why do you have to have it?
A

Channel restoration is -- and we have it

here -- is restoration of the aquatic -- or the echo

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system. That's the restoration as we do it here. Q Restoration to what stte?
A To whatever we can do within the resources we have.

Q

Has there been a change in the Missouri

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River channel from its natural state? A Yes. Q What has caused it? A A number of things. The placement of the dams in the Dakotas and Montana, the channelization from Sioux City on downstream, tributary development. Q Development of the channel from Sioux City

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That's on a very small scale, very site-specific, and usually on very small streams.
Q
A

What causes stream bank erosion?

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Q
A

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Q
A

Stream bank erosion is a natural process. What erodes them? Water erodes the stream banks. Water in the river channels?
Yes.

downstream, what do you mean by that? A I said channelization of the channel. Q Excuse me. And what did you mean by that? A We channelized it. We took it from
Q

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Q ' What other types or events of water erodes
stream banks?

12. multiple channels down to one channeL.

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So the Corps changes river channels for --

I have no idea what you're asking. Q Well, you've been working this long at the Corps -A
A

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the Corps changes river channels; right? A We have changed river channels, yes. Q Why do you do that?
A

I don't understnd the queston.

MR. GETE: Objection. He said he didn't understnd the question. Please rephrase it.
BY MS. SNYDER-VARNS:

Q
A

Because Congress tells us to do it. Why does Congress tell you to do it? I don't know why Congress tells us to do
Is it for navigation? Sometimes. What other purposes? Do you mean just in general with the

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it.
Q
A

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Q Some of the questions I'm going to ask, Mr. Remus, are basic information. And I'm developing a record here. And I'm entitled to do that. So I'll just ask you questions that seem so obvious that it's

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going to be almost embarrasing for you to talk about
them, but I'm asking you to do that. And so when I ask you what causes a stream bank to erode, if you'
wouldn't mind, I would appreciate a response.

Q
A

Corps?

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Yes. A For any water resource development purpose. Q What do those include? A Flood control, navigation, water supply are the primary ones. We also have water quality, fish
Q

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MR. GET: And he did respond. He
said water.
MS. SNYDER-VARNS:
erodes stream banks.

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3

And he said water

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in what form. And there -- I want to know how water MR. GETE: Okay. Another question.
THE WITNESS: Water erodes stream banks by the attracted force of the water moving

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and wildlife, including the Endangered Species Act,

water supply, irrigation. Just about anything that
you could use water for. Q You mentioned tributary development. A Uh-huh. Q What do you mean by that?
A
Project that have been placed on

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against the be. It creates a friction force that pulls material out of the be or the bank.
BY MS. SNYDER-VARNS:

Q
A

And into the river?
Yes.
Or water course?

tributaries, dams, levies, straightening of those

channels.
Q Do you mean tributaries to the Missouri River? A Primarily, but any tributaries.
Q
A

Q
A

Q

Yes. And that material in the water course is

what?
MR. GETE: Objecion. THE WITNESS: I stil don't understnd
the question.

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Another of your responsibilities according
Yes. What does that consist of?

to your bio is stream bank and bed stbilzation?
Q
A

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The primary focus of the work that we do in

our secion is stream bank stbilzation, preventing

erosion from laterally moving the stream banks back.

The bed stbilzation we have not done much of that.

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BY MS. SNYDER-VARNS:

Q

What is the term that you use to call the

dirt in the water? A The sediment.
Q

Thank you.

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Can you give me some examples of stream

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I guess the projec would fit under. They all have

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bank -- excuse me.
You mentioned that you haven't done much
bed stbilzation work?

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4 Right. 5 6 Q And is that through the course of your employment with the Omaha District, the whole time 7 you've been there, or just since you've been the 8 Chief of the -9 A Through the whole thing. 10
A

their different criteria to whether or not a project gets built and how it gets built. Q Under what programs do stream bank

stabilization project falls?
A We have an emergency stream bank protection program called the St:ction 14 program. We have the River Authority which is -- the Missouri National

Q

Okay. So when we're talking about this

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Recreational River which is the river from Gavins Point down to Ponca State Park where we have an authority to build bank stbilization. We have
Section 33 which is a general bank stabilization

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particular task, this is not a major component of your duties and responsibilties? A The bed stabilzation, is that what you're

asking?
Q
A

Yes.

Q
A

We do not do a lot of that, no. What about stream bank stbilization? We do a fair amount of that, yes.
Can you give me examples of project that

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authority for the Missouri River from Ponca to Fort Peck. We've built projec under that authority as well. And then sometimes Congress gives us specific

project to build, but they have not done any in my
tenure here.

Q Another of your responsibilities is reservoir sedimentation management?
A

Q

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Uh-huh.

you have done that are stream bank stabilzation

Q
A

project?
A You want site-specific project or just a description of them?

Can you define that for me? The beginning part of reservoir

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Q

I would like some site-specific project.

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sedimentation management is a monitoring of the sedimentation in the reserviors. And then when problems arise or when issues arise, we look at ways

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And then I would also be interested in a description

to manage the issue, not necessarily of sediment, but

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of what you do. A Bank stabilzation for us here in the Omaha Distict usually means riprappng the bank of a river, placing stone or some other type of riprap on the bank of the river to harden it. That's a general
description of bank stabilzation. There are other types of that, but that is the primary way we 'have done it in the Omaha District.

2 3

possibly manage that issue of whatever the problem or
issue is at the time.
Q So is this particular task limited to the reserviors themselves?
A

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Reservoir sediment management is limited

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primary to reserviors, yes.
Q And when you say "primarily," it implies that possibly there's some other àreas.
A In the management of the sediment in the reserviors, we may look at downstream if we think we want to do something with the sediment in a

In the last 21 years we have built project
on a various number of tributary streams to the Missouri River. There's one, on Marne Creek in
Yankton, South Dakota, a bank stbilzation project

downsteam area.
Q
A

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that proteced the sewage treatment system is an
example. We had built a project in Elk Mountain, Wyoming, that proteced the public library there, riprap on the banks.
Q
A
You designed those projec?
I designed those two projec, yes.

And by "downstream," what do you mean?

Downstream of the dam. Q And so are you talking about main stem dams or all the dams in the Omaha District? A All the dams in the Omaha District. Q So that would inèlude dams on tributaries
as well?

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Q

Do you carry out projec designed by other 20
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peple -- other stream bank stbilzation project? A I'm not sure I understnd the question.
Q Who decides what project to do as far as stream bank stabilzation?
A

A

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Q

Right. Jumping back for just a moment to stream

bank stabilzation programs, I asked who decides what
projec to do. And you told me that there are

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25

It depends on the various program that --

several programs under which these project falL.

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When you do a stream bank stabilzation

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program, where do you get the authority or the direction to do them under these various programs,
from an individual or several individuals? Does it come from Corps headquarters? Help me undersnd the

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time the reservoir was built or shortly thereafter. And we basically use these surveys to calculate volume changes within the pool area of the reservoir. Q You say there are permanently established cross-sections. What do you mean by that?
A

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organization here. A Each one of those authorizations has their implementation criteria. Some of them are economic; some of them are environmental criteria. A project is proposed, and sometimes a local sponsor wil come
into the project saying, we'd like to have a bank
stabilzation project here. We'll evaluate it, and

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We have a monument on either side of the

reservoir so that we survey the exact same
cross-secion each time.

Q
A

What's the monument usually? It's a pipe with a brass cap on top of it.

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if it fits the criteria, we ~et it up for approval.
Some of those are approved at our Division offce; some are approved at the Washington headquarters

Q When the cross-section is installed, what physically is that? A It's just a line on a map that we survey

across.
Q

So it's the markers that are the physical

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17

offce.
Q

Thank you.

18 19

Now, with reservoir sedimentation
management, why do you have a program for

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sedimentation?, A The reserviors, when they - all reserviors
that are constructed, we know that sediment wil enter those reserviors. And we know that we're going
to have to deal with certin issues out there,

whether it's recreational access issues or water
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installation? A Right.
Q And then they are reference points on maps so that you survey the same place every time? A Right. Q And you have these range lines throughout
the main stem system?

A

Q
A

Right. And they were installed historically?

They were installed at each of the project
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quality issues or water supply issues or, you know,

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either at the time the projec was being built or
shortly thereafter.

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whatever comes up that may be related to sediment. So we have a sedimentation program where we monitor
that. We've done some studies on some of the main

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3

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Q Do you have any knowledge as to what the structure or the organization is for where they are

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stems -- we haven't done very many studies on the tributaries -- to keep track of that so that we have
the information available to address issues as they

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come up.

and how many there are? A There's over 2600 Monuments out there. Why they were placed where they were placed I do not know. My predecessor's predecessor's predecessor set
those up.

Q i noticed from your web page that you have a list of seimentation report and memorandums.

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Uh-huh. Q So those would be the studies that you're referring to? A Those are -- it's a partial list of the studies that we've done. Q Monitoring of the sediment is just one component of managing the sediment. 'Can you describe the monitoring program that you have for the main
A

Q And the purpose of them was so that you would measure water volume at the same place -A

stem reservoir system?
A
Our monitoring program consist of

periodically resurveying what we call range lines,
which are permanently estblished cross-seions

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No. We would measure at the same place,

and then we'd use this information to calculate volume changes within the pool.

Measure what at the same place every time? The cross-secion, just a line across, a survey line across.
Q
A

Q So when you're talking about a cross-section, it's like a slice of either the

across the reserviors at -- well, I'm not really sure
why they were placed where they were in the beginning. But they were esblished either at the

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reservoir or the water course? A Right. It's a slice perpendicular to the reservoir.
Q And the slice is of the channel or the configuration of the ground as opposed to the wáter? A Right.

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1 Q Okay. Why does the Corps do that?

1 by the reporter).
2 MR. GET: Do you know what she means
3 by "data set"? But you can answer the question.

2 A So that we can monitor the fillng of the
3 reserviors.

4 Q So the fillng of the reserviors is an
5 event that does occur and that the Corps has a

4 THE WITESS: No, not on that
5 schedule. We have missed that schedule in the recent
6 years due to budget constraints.

6 program to deal with, which is the estblishment of
7 the range lines and monitoring the deposition of

7 BY MS. SNYDER-VARNS:

8 sediment throughout the system by surveying these

8 Q Can you give me a description of the
9 distribution of the range lines that have been

9 range lines periodically?

10 A Periodically, yes.
11 Q Can you tell me what the system is for 12 surveying the range lines or the cross-sections?

10 installed?

11 A Not -- no, I can't, off the top of my head.
12 No.

13 A Could you be more specific?
14 Q i want to know what the overall program is 15 for monitoring sedimentation in the main system
16 system. And you've told me that these 2600 monuments

13 .Q Can you tell me are there more on the
14 reserviors than the tributaries?

15 A No, I can't tell you that off the top of my
16 head. I'd have to look at the maps.

17 for cross-sections or range lines exist. And I don't
18 know -- is it more appropriate to cali them range

17 Q But the Corps has maps that show the
18 location of all the range lines within the Omaha

19 lines or cross-sections?

19 District?
would

20 A We cali them range lines.
21 Q Okay. Is there a system -- and I

20 A Yes. 21 Q Where are those maps kept?

22 guess there is -- for surveying these range lines?

22 A In this offce.
23 Q Do you refer to these maps in the course of
24 your work periodically?

23 A Do you mean what we physically do or what
24 is our schedule or --

25 Q What is the schedule?
Page 27

25 A Yes.
Page 29

1 A We tt to schedule our main stem -- or
2 larger main stem dams on about a 15- to 20-year
3 cycle. The smaller main stem dams we try to do on a
4 ten- to 12-year cycle provided we have the funding to
5 do so. Smaller reserviors, we try to get them on
6 less than a ten-year cycle out there.

1 Q What would cause you to refer to a map to
2 learn where the range lines are in a particular -3 when you're working with a particular project?

4 A We would get the maps out if we have an
5 issue someplace just to see which cross-sections or

6 range lines are appropriate to gather data from.
7 We'd just pull the map up and look at it.

7 Q And it's constrained by funding?

8 A Right.

8 Q So monitoring of sediment in general within
9 the Omaha District is done according to a schedule of 10 surveying range lines that were instlled after the 11 reserviors were built; right?

9 Q So do you have a complete data set
10 according to that schedule ever since those monuments
11 and range lines were instlled? '

12 A Not entirely.
13 MR. GElE: Objection. The question 14 is vague. I don't undersnd what you mean by-15 what was the term you used?

12 A Either when the reserviors were built or
13 shortly

after.

14 Q And then the range lines are also surveyed
15 as other specific projec or matters come up?

16 Can I hear the question back?
17 MS.SNYDER-VARNS: He seemed to
18 understnd the queston. Can we just see if he can

16 A We have done special surveys of speific
17 range lines in response to a special request, yes.

19 answer it?

20 MR. GElE: I'd like to put my
21 objection on the record.

18 Q What sort of speial request would 19 generate that? 20 A Real estate claims would generate that;
21 lawsuits would generate special surveys of specific 22 cross-sections; if there's a water supply issue with 23 one of the many intakes on the reserviors, we would 24 do a special survey if it were appropriate; if there

22 MR. SNYDER-VARNS: You did.

23 MR. GElE: He'll still be able to
24 answer it in ten seconds. 25 (Pending question read back

25 were recreational access problems, we may do a
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1 special survey of a range line. That's all I can 2 think of right off the top of my head.

1 and hydrologic.

2 A Hydrologic is quantity of water, when does
3 it come, where does it come from, how much is there.
4 Hydraulics is the physics of moving the water through

3 Q When you do a special survey of the range
4 line, it's to do what, to learn what?

5 A It's to add to our knowledge so that we can
6 answer specific questions asked at that particular 7 location.

5 a channel.

6 Q And when you use the cross-section
7 information to develop hydraulic parameters for

8 Q When you survey the cross-section to add to
9 your knowledge, what are you doing? What are you

8 modeling, can you tell me what that means?

9 A We would develop a cross-sectional area,
10 hydraulic parameters; we can use a series of
11 cross-sections up and down the river to develop

10 using this data for? What is -- I'm trying to make 11 my questions specific so that you can give me 12 responses. And so when you do a survey for a

12 slopes; we can develop average bed elevations; we can
13 develop top width calculations; all elements that can 14 be used in determining hydraulic deficiency or any 15 ineffciency of a channeL.

13 particular situation such as this case, what data are
14 you gathering?

15 A We're gatheririg just a survey of that
16 section, an additional survey.

17 Q And it's a survey of a cross-secion? 18 A A survey of that range line.

16 Q Now, apart from monitoring reservoir 17 sedimentation using the range lines, what programs
18 exist in the Omaha District to address sedimentation

19 Q And do you compare it with other surveys of 19 in the main stem system including its tributaries? 20 that range line? 20 A Address -- can you be more specific? What

21 A Yes.
22 Q And what do you use that information for?

21 do you mean "address"?

23 A We use that information to develop trends,
24 if there's a certain trend in something happening out 25 there; we use that to develop hydraulic parameters
Page 31

22 Q You mentioned that sedimentation is 23 occurring.

24 A (Nods head).
25 Q What tools are available to the Corps to
Page 33

lout there; it can be used in models if somebody wants

1 address sedimentation?

2 to do some modeling. Those are the primary uses of

2 A Again, what do you mean by "address"?

3 that.
4 Q When you say "trends," trends of what? 5 A Trends of either aggradation or degradation
6 or bank erosion.

3 Q Do something about it. 4 A Something physical about it?
5 Q Something physicaL.
6 A We have an O&M program, which is an
7 Operation and Maintenance program, which we have
8 authority to maintain the project purposes under
9 that. So if there's a sediment issue that is

7 Q And can you define for me aggradation? 8 A Aggradation is a general filling of the
9 channel and/or floodplain.

10 Q And degradation? 11 A Is a general lowering of the floodplain
12 and/or channeL.

10 diminishing or preventing us from having a project

11 meet the authorized project purposes, we can use
12 that. There are a number of what we call Continuing

13 Q So in layman's terms, aggradation would be 14 fillng in the channel; is that accurate?

13 Authorites programs, which are programs that are
14 authorized and funded by Congress. Usually they

15 A In layman's terms, yes. 16 Q Very basic. I understnd.
17 ' And degradation would be a scouring or a
18 deepening of the channel?

15 require a cost-share local sponsor to address some of
16 the sedimentation problems in there. On the Missouri' 17 River in North and South Dakota they have a Title 7 18 and a Title 9 -- Title 7 is for North Dakota, Title 9 19 is for South Dakota -- where it is authority to do

19 A Yes. 20 Q You also mentioned that you used the
21 surveys of the cross-sections for hydrologic
22 parameters for modeling?

23 A Hydraulic parameters.

20 studies and develop project to address sedimentation 21 issues on the Missouri River in each of those sttes. 22 Those particular programs are just in their 23 infancy. We have not done any project under there.
24 It requires a committee of local and tribal members

24 Q Hydraulic.
25 Tell me the difference between hydraulic

25 on each one of those, and we're just now setting

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1

those up.

1

A

She's a project manager in our Civil Works

2
3

Q
A

Can you tell me -- well, please continue.
That's all I had to say on that question.

2 3

4
5

Q So the tools to address sedimentation consist of programs. These Continuing Authoriites

4
5

6 7 8
9 10 11 12 13 14 15 16 17 18 19

programs are just one set of the programs that the Corps has to address sedimentation in the main stem
reservoir system. You have O&M. What other programs besides the O&M and the

6
7 8 9 10
11 12 13

Project Management offce. Q So these are the tools that -- or the programs that you have to address sedimentation within the system. What are -- well, I can even see from your web page that services that the branch, if you wil, or the Section for Sedimentation and
Channel Stabilzation, it says that you can provide services related to sediment and erosion design. A Uh-huh. Q And I'll show you this. I don't know that

Continuing Authoriites programs?
A

That's it. Q That's it? Why did the Tite 7 and 9 programs come
What's that?

we need to mark it. If you want to, we sure can.
But these look more like your physical or technical types of tools that you use to address sedimentation in the system; is that right?

into being?
A

Q Did Congress authorize the Title 7 and 9 programs? A Yes, they did. Q
A

14 15 16 17 18
19

MR. GmE: Objection.
Actually, first, let's go ahead and mark it if we're going to show it to the witness, and then address questions related to it.

20 21 22 23 24
25

Q
A

Through specific legislation? Yes. Do you know the title of that legislation

by chance?
Q
A

I do not know. You just know it as Title 7 or Title 9? Right.
Page 35

20 21 22 23 24 25

(Exhibit No.2 marked for identification).
(Pending question read back by the reporter).

MR. GmE: Go ahead. THE WINESS: These items on this web
Page 37

1

Q

When did that -- when was that

1

2 3

4
5

6
7 8

implemented? A I don't know. I can't remember that. Q Is it 20 years old or ten years old or very recent? A I would say it would be less than ten
years, but I'm not sure.

2 3

page here are basically the types of engineering services we in the branch provide. These are very

general in their nature as represented on this page.
We would use any number of combinations of these

4
5

What has your personal involvement been 9 with these particular programs? 10 A The Title 9 and Title 7 or all of them? 11 Q Well, Title 9 specifically since we're 12 talking about South Dakota. 13 A I have very little involvement in that. 14 Title 9, they have not got their committee formed
Q

6 7 8 9 10
11

types of engineering services to address sedimentation issues.
I don't know how else to answer that

9uestion.
BY MS. 5NYDER-VARNS:

15 16 17 18 19

yet, so we really have not done anything.

Who's responsible for forming the committee?
Q
A

We have a projec manager for that here for

the Corps end of it, 'but we need nominations from the

12 13 14 15 16 17 18 19

Q So sedimentation ,is addressed using engineering expertise to physically modify or -- and I'll say modify -- the river or reservoir configuration for the purpose of addressing

sedimentation?

MR. GmE: Objection.
THE WITNESS: Can you rephrase that?

I'm not sure what you're asking me for.
BY MS. SNYDER-VARNS:

Q
A

Your branch provides engineering services?

20
21

governor, and then those nominations have to be
approved at our headquarters leveL. Q Who is the Corps individual responsible for

20
21 22 23

22 23 24 25

Title 9?
A

Q

Laura Bentley. And what is her title?

24 25

Yes. Q i asked what tools, physical tools or technical tools, are available to address sedimentation. I pointed to this. And you recognize this as services provided by the branch to address sedimentation and erosion.

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1 A Uh-huh. 2 Q So are these services what the Corps uses
3 to address sedimentation and erosion in the system?

1 A Yes.
2 Q And these services include analysis of soil
3 erosion rates, et cetera, as listed on this exhibit;

4 A Yes.
5 Q And they include analysis of soil erosion
6 rates?

4 right?

5 A Yes.
6 Q Included in this list is sediment
7 deposition and scour analysis. What is that?

7 8 9
10 11 12 13 14 15 16 17 18 19

MR. GETE: Objection. The last

question you used the word "these" without any clarity as to what was being referred to. I'm assuming you're stil referring to Exhibit No.2 and
the highlighted items on Exhibit No.2; is that

8 A That includes any number of things, but the
9 primary thing that we do in sediment deposition and

correct?
MS. SNYDER-VARNS: Yes, I am.

10 scour analysis is to project either through -11 projecing trends into the future or through 12 mathematical modeling, projecting either a deposition 13 on a scour area, what it wil do over time.

MR. GET: Okay.
BY MS. SNYDER-VARNS:

14 Q And deposition is where sediment is
15 deposited?

Q I'm looking at Exhibit No.2 and referring

16 A Right.

20

21
22 23 24 25

to the services that are listed on this Exhibit No.2 17 Q And scour is where it is removed? which is part of your web page. And you talked about 18 A Yes. that there is a listing under the Omaha district web 19 Q By the movement of the water? page of services provided by the Hydrologic Engineering Division, Sedimentation and Channel 21 Q So you do an analysis of that? You Stabilzation Branch. And there is a listing under 22 A We can do that.

20 A Right.

can?

the title "Sediment/Erosion Design." And the list
includes "Analysis of Soil Erosion Rates, Sediment Deposition and Scour Analysis, Sizing of Sediment

23 Q And you have done that?
24 A We have. 25 Q You do analyses of soil erosion rates?
Page 41

Page 39

1 Retention Structures." The exhibit speaks for

1 A Yes.
2 Q You do sizing of sediment retention
3 stuctures?

2 itself.
3 And my question to you is, these are
4 services that the Corps provides or utilizes to

4 A Yes.
5 Q What are sediment retention structures?
6 A They're small impoundments usually upstream
7 of a larger impoundment to prevent sediment from
8 entering the smaller -- or the larger impound.

5 address sedimentation in the basin?

6 A Yes.
7 Q And backing up a little bit to understand 8 what tools the Corps uses to address sedimentation,
9 my understnding from your testimony is that the
10 primary tool that the Corps uses is engineering

9 Excuse me.

10 Q Do sediment retention structures exist --

11 services -12 MR. GETE: Objection.
13 BY MS. SNYDER-VARNS:

11 A Yes. 12 Q -- along the main stem system? 13 A Not that I'in aware of along the main stem
14 system.

14 Q -- engineering expertise. Is that true or
15 not? 16 MR. GETE: You can answer if you -17 THE WITNESS: I'm stil not really 18 sure what information you're after. We use our 19 engineering expertise to address sedimentation issues

15 Q Where do they exist in the Omaha District?

16 A Our tributry reserviors have sediment
17 retention structures associated with them. Most of 18 them, not all, but most.

19 Q VVhy is that?
20 A They're primarily for water quality 21 purposes rather than sediment depletion purposes. 22 Q What's the difference?

20
21 22

and any issues that come up related to water in the
branch. Yes, we use our engineering expertse.

BY MS. SNYDER-VARNS:

23 24 25

Q And within the realm of your engineeÌ'ng
expertise are these specific types of engineering services; correct?

23 A Soils -- depending on the type of soil,
24 some soils -- contaminants are going to be attched
25 to some soils. Smaller reserviors have a smaller

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1

2
3

volume of water and therefore contaminants -- water quality standards can be more easily violated. Q Another of the services is design of steam

1

2 3

Exhibit 2 there, just above it, under the -- see "River, Environmental Restoration.
Q So there's quite a variety of responses available to the Corps to address sedimentation? A Yes. Q

4
5

bed erosion protection. What is that? A It's bed stabilzation designs.
Q And I would guess that that includes the installation of the riprap to stbilize the channel?

4
5

6 7

8
9 10
11

It sounds like there may be others.
A

Q
A

Yes. And what do those include?

6 7 8 9 10
11

Getting back to monitoring -- actually, I

think we've covered that adequately at the moment.

MR. GETE: If you're going to go into a new area, can we take a short break?
MS. SNYDER-VARNS: Sure.

12 13

It would be -- you could have something that's not built out of riprap. It could be a
concrete structure or a metal sheet pilng wall or

14 15 16 17 18 19

something like that.
Q
A

Dredge plans are also listed here. What
If you have a project that requires

are dredge plans?

20
21 22

dredging, a dredge plan is not just the area where you're dredging, but what are you going to do with the material that you dredge out, the disposal of

that material, the management of the excess water
from that materiaL.

23 24 25

Q
A

What is dredging?
Dredging is the removal of material from a

waterway.
Page 43

12 13 14 15 16 17 18 19 20 21 22 23 24 25

(10:00 a.m. - Recess taken) (At 10:10 a.m., with all parties present as before, the following proceedings were had, to wit:)
BY MS. SNYDER-VARNS:

Q Mr. Remus, we've been talking about sedimentation and the tools available to address it.

If we might for a moment back up to just the programs
and policies within the Omaha District that exist specific to sedimentation. Does the Corps have an overall policy --

and I know this is a very broad general question.
Does the Corps have some sort of policy like a

mission sttement with respect to sedimentation?
A

Not specifically just sedimentation.

Q

The programs that we discussed earlier come
Page 45

1

Q

And by "material," you mean sediment or

1

from legislation; is that correct?
A
Which program?

2
3

dirt?
A

2

4
5

Q

Sediment, dirt, rocks. That have accumulated in the water?

3

Q
A

Well, the O&M --

4
5

Can we go one at a time with those?

MR. GET: Objection.
BY MS. SNYDER-VARNS:

6
7

6
7

I'll

Q
A

Is that true?
That are in the water. That are in the water.

Q Sure. O&M, Maintenance Projec Purposes, let you tell me about that. A Operation and Maintenance, we have been

8 9 10
11

Q

Is dredging going on in the main stem system?
Not at this time above -- in the main reservoir system. We have done some dredging below Sioux City in recent years.
A

8 9 10
11

tasked by Congress to operate and maintain these

project. And each projec has its own authorized

purpose, flood control, hydropower, so on and so

forth. We have an O&M program to addres maintaining
those project purposes which may include sedimentation issues like tnat. The Continuing Authoriites programs, each one of those has their own specific purpose. And the ones that we use here are the Environmental Resoration program, Section 1135, Secion 206 programs where the issues to address sediment there
are environmental restoration focuse. Titles 9 and

12 13 14 15 16 17 18 19

12

13 14 15

What is drainage structure erosion protection?
Q

16
17 18 19

That is protecion of possibly like a landfill cap to prevent the cap from eroding off the
A

top.
Q Is this a complete list of tools that the Corps can use to address sedimentation?
A

20
21

20
21

22 23 24 25

May I see the list again, please?
No.
So there are other services available?

Q
A

That would come under the other part of

22 23 24 25

7 are really up in the air yet. We haven't really defined what we're going to do with those beuse they're just now getting off the ground. Q So the development of Corps programs to
address sedimentation would come from implementing legislation?

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1 A I guess, yes, in a general sense.
2 Q What involvement do you have in developing
3 Corps policies within the Omaha District to address
4 sedimentation?

1 doing maintenance or not doing maintenance on a

2 particular structure.

3 Q And this was related to downstream areas on
4 the Missouri from the main stem reservoir system?

5 A Could you be more specific than that as to
6 what you mean by "policy"?

7 Q i understand that you're an engineer, but
8 you're also an administrator. And in that capacity
9 as administrator, do you get involved with policy

5 A Yes, it's downstream of Sioux City, Iowa, 6 downsteam of the reservoir system. 7 Q What programs are you involved with
8 specifically to address sedimentation as Chief of the

9 Sedimentation and Channel Stabilzation Section?

10 development with respec to sedimentation?

10 MR. GET: Objecion. I think we've
11 asked and answered this.

11 A I'm not an administrator. I'm a
12 supervisor, which isn't even a manager. However, I 13 do get invòlved in providing technical input to 14 policies relative to a number of things including 15 sedimentation. But it's a technical input, not 16 necessarily policy development per se.

12 But go ahead.
13 THE WITESS: Well, any program that 14 would address sedimentation or have a sedimentation
15 component we are involved with in our section, 16 whether it's a O&M program or Continuing Authorities 17 program or a specifically authorized project, if it 18 has a sedimentation program, we're involved in that.

17 Q So what types of technical input do you
18 have in determining how sediment is addressed in the 19 Omaha District?

20 A We identify -- we help to identify the
21 sedimentation issues at particular project, what are 22 they, what are the impact, so on and so forth. We 23 also would identify a course of action that we might

20 marked for identification).
21 BY MS. SNYDER-VARNS:

19 (Exhibit No.3

22 Q From yourweb page, it looks like your
23 section has several projects currently underway.

24 recommend. Or if somebody else has recommended a
25 course of action, we may identify the pros and cons,
Page 47
1 if we do this, then this happens, so on and so forth,

24 A Uh-huh.
25 Q And I'm showing you what's been marked as
Page 49

1 Exhibit No.3, "Current Projec." It list the
2 Gavins Point projec which includes investigating

2 so that the management, the upper level management of
3 the District can make a decision and say we're going
4 to do this or we're not going to do that based on

3 ways to stop the sedimentation into Lewis and Clark
4 Lake. Can you describe that for me?

5 what our legal mandates are, what our resource
6 availabilties are, so on and so forth.

5 A Firs of all, this website has not been
6 updated for a long time because we are presently not

7 Q i believe your bio says that you worked -8 you have worked with CERL in development of condition
9 indices for river control structures. What is CERL?

7 working on this particular project. It's completed.

8 The projec was a reconnaissance level report, ways
9 to either prevent sediment from getting into Lewis

10 A It's one of the Corp of Engineers labs.
11 It's stnds for Constucton Engineering and Research

10 and Clark Lake or get sediment out of Lewis and Clark
11 Lake and moved on downsteam.

12 Laboratory. It's in Champagne-Urbana, Illnois. And

12 Q So the sediment was coming into the lake
13 from where?
14 A From the Missouri River upstream of

13 they do research on construction techniques,
14 construction materials, constructon practices, stff

the

15 like that.

16 Q Relative to what?

15 reservoir and from the Niobrara River whicl) enters 16 the river just upsteam of the lake.

17 A To any type of constucton.
18 Q Well, this says "river control structures." 19 What are those?

17 Q So what did the Corps do to get seiment
18 out of

the lake?

19 A We didn't do anything to get it out. The
20 results of the study was that there was nothing

20 A Those are our structures that we have
21 placed from Sioux City down to the mouth at St. 22 Louis, a series of wing dikes and revetments. And 23 they were developing condition indices when I was 24 working with them to help support O&M budgets. It 25 was a physical condition that was supporting their

21 feasible. There were no feasible alternatives that
22 we found.

23 Q Was there any way to prevent it from coming 24 into the lake?

25 A There are ways of preventing sediment from
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1

2 3

4
5

coming in if you want to manage sediments out in the basin, the Niobraro River basin. You could reduce the amount of sediment coming in; you could not stop it from coming in.
Q
A
Did the Corps do anything to stop the

1

2
3

The last page of this exhibit -- or second to last page -- excuse me -- page three, list
Q

environmental restoration project on the Missouri
River.

4
5 6 7 8 9 10
11

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

sediment from coming into the Lewis and Clark Lake?
No.
Q
A

Why?

Uh-huh. Q And included in that list, the third one down is "Examine concepts for reducing the amount of sediment that is being trapped in the Lewis and Clark
A

We found nothing that was feasible.
And by "feasible," what do you mean?

Q
A

Lake. Sedimentation continues to fill in part of the reservoir with sandbars and marsh land reducing
the reservior's capacity for flood storage and
hydroelecric generation."

Q
A

Cost effective. Okay. Cunningham Lake 1135 project, is
Yes.

that stil underway?
It includes design of a sediment trap dam. What is that? Just what it says? A Yes, a sediment retention structure.
Q
Q
A

Above or below the dam? Above the pool.

24 25

Q And this projec also apparently consisted of construction of an island and/or breakwaters to minimize erosion of the bottom sediments and shoreline erosion protection including jetties. A Yes.
Q

12 13 14 15 16 17 18 19 20 21

A

Q looks like sedimentation on Lewis and Clark Lake is getting the Corps' attention because it's

Uh-huh. Just from looking at your web page, it

significant.
MR. GETE: Objection.

THE WITESS: The Lewis and Clark
study that is shown on the firs page of this exhibit

was a congressionally authorized study. Congress
provided us funds and directed us to conduct this study. The local residents there working through their congressman and their senators got that funded and authorized. The project listed here in the
Page 53

Where is Cunningham Lake?
Page 51

22 23 24 25

1

A

It's located on the north edge of Omaha.

1

environmental restoration project on page three of

2
3

4
5

6 7 8 9 10
11

Is it on a tributary to the Missouri? It's on a tributary to a tributary to the Missouri. Q And why did the Corps undertke this project?
Q
A

2
3

this are really project that have grown out of the
biological opinion that the Fish and Wildlife Service

4
5

issued in 2000 to the Corps of Engineers. And one of
those things was to conduct sediment bypass stdies

6
7 8 9 10
11

of all the reservoirs beginning with Lewis and Clark

This project is part of the 1135 program. The City of Omaha and the Nebraska Game and Parks Commission asked us to initiate an 1135 study.
A

to try and get more sediment in the river reaches
below the damsto create sandbar habitat for the birds. And that's what that study is.
BY MS. SNYDER-VARNS:

Q
A

Why? They wanted to improve the aquatic habitat
Which was being affectd by sediments?

12 13

within the lake.
Q
A

12
13

Q So with respe to Corps policy and Omaha District policy for addressing sediment, the source

is, if I undersnd this right from your testmony,
operation and maintenance responsibilities for the dams and then specific legislation which seems to be driven by specific issues concerning sediment within

14 15 16 17 18 19 20 21 22 23

It's being affected by sediments in two

ways, one is water quality attched to the sediments coming in, and two is the depth diversity within the

lake was being diminished due to fillng of the reservoir. Q Was a sediment trap dam instlled?
A

Q
A

This project has not been built yet. Is it in its design phase? Or where is it?

I'm not real sure exactly where it's at. We have completed the design studies, but I do not
believe we have completed the plans and specs. But I

14 15 16 17 18 19 20 21 22 23

the district; is that accurate?
A

Could you rephrase that queston?

Q One of the sources for the Corps to do something about seiment or reasons would be its O&M

responsibilities for the dams. And seiment is a

fact of life when you have dams on a river system; is

that correc?
A

24 25

cannot be sure about that.

24 25

Yes.

Q

Another source that moves the Corps to
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1 become involved in sediment issues is specific
2 project driven by legislation on I guess whatever
3 level but probably the federal

1 You can go ahead and answer. 2 THE WITNESS: Could you repeat the
3 queston?

level directing the

4 Corps to do something about a particular problem

4 (Pending question read back

5 involving sediment?

5 by the reporter).
6 THE WITNESS: The other components
7 that would drive us to take action or to initiate

6 (Witness looks at Mr. Gette).

7 A That's correc.
8 Q Or addressing environmental impact from
9 sediment; is that accurate?

8 some type of response would be the Congressionally
9 authorized project purposes for our main stem
10 project. And those are flood control, navigation,

10 (Witness looks at Mr. Gette).

11 A Yes.
12 Q And it looks like a lot in recent years is
13 driven by environmental impact resulting from 14 sedimentation under the Corps' jurisdiction; is that
15 accurate?

11 hydropower, water supply, water quality, fish and 12 wildlife, recreation. Those are all the ones I know 13 off the top of my head.
14 BY MS. SNYDER-VARNS:

15 Q What project has the Corps undertken to
16 address sedimentation on the Moreau River?

16 MR. GET: Objection. A lot of what
17 is driven by -18 MS. SNYDER-VARNS: Read back the

19 question.
20 21 22 23 24 25
(Pending question read back by the reporter).
BY MS. SNYDER-VARNS:

19 Q 20 A 21 Q
22 23 24 25

17 A Other than the monitoring, none that I know 18 of.
None that you know of? None that I know of.

I'm going to show you -MS. SNYDER-VARNS: And we'll mark

Q A lot of the Corps project addressing
sedimentation seem to be driven by environmental concerns arising from the impact of sedimentation?
Page 55

this, please.
(Exhibit No.4 marked for identification).
Page 57

1 A I would say a lot of the project that we
2 have guilt are driven by environmental restoration 3 concerns, but our program in general is not.

1 BY MS. SNYDER-VARNS:

2 Q I'll show you what's been marked as Exhibit
3 No.4, Mr. Remus. And I'll represent to you that
4 again, I got this from your web page.

4 Q If your program in general is not, what are
5 the other components of your program that drive the
6 Corps to take action to address sediment?

5 My understanding is that this report, which
6 is entitled "Aggradation and Degradation Aspec of
7 the Missouri River Main Stem Dams," is one of

7 MR. GETE: Objection. I'm going to 8 put a continuing objection on relevance to this whole
9 series of questions that we've had for some time now

the

8 report prepared by the Omaha Distict through the
9 years as a part of dealing with sedimentation in the

10 about the Corps' reactions and methods and procedures

10 main stem system; is that accurate?

11 for addressing sedimentation. The issue in this case
12 is a taking, which means that the actions of the

11 A Yes.
12 Q Are you familiar with this particular

13 Corps are assumed to have been legal and lawful and 14 appropriate. You seem to be addressing an issue of
15 how the Corps reacted to certin sedimentation which 16 would be, if anyting, an issue of tort liabilty and 17 not an issue of taking. So I really think that the 18 line of questioning seems to be inappropriate. I'm 19 not going to instruct the witness not to answer, but

13 report? 14 A I have not picked it up for a number of
15 years, but I am familiar with it, yes.

16 Q Are Alfred Harrison and Warren Mellema, the

17 authors, stil around? 18 A Alfred Harrison and Warren Mellema are
19 both stil alive, but they no longer work for the
20 Corps.

20 it seems to me irrelevant to the case, this entire
21 line of questoning regarding the Corps' reacton or 22 methods of dealing with sedimentation. 23 MS. SNYDER-VARNS: You've got your 24 objection, counsel.

21 Q And the date of, this report is May of 1984

22 it appears.
23 Now, what I am giving you are pages one and

24 then 23 of this report. And it tells us on the web

25 MR. GETE:

25 page that these are the pages that are being provided
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1

2 3

but that we can obtain the entire report from John Garrison at the Omaha District. And just for the
record, I've made a request for the complete report, and it's my understnding that Mr. Gette will provide that to me sometime today if possible. I am more
interested in the firs page, the introduction, and

1

Continental United States."
Do you agree with that? Yes. Q And it actually gives a number in the
A

2
3

4
5

4
5 6

6 7 8 9
10
11 12

report. "Sediment measurement records indicate that an average of 1.35 X 10 to the 8th tons of sediment
per year" -- which I understnd is 13.5 bilion tons

the conclusions or summary from the report. And I
would think that the body of the report would support the conclusions that are stted on page 23 of this

7
8 9 10
11

of seiment per year -- "was transported by the
river," the Missouri River, "as suspended load prior

report.

to construction of the dams, but that the amound of

Now, in this report it says that ''Te Army
Corps of Engineers, Missouri River Division, has constructed six multi-purpose dams along the main

sediment passing through the system has been reduced
to virtually zero." Where does the sediment stop within the
system? Where does it accumulate? A Sediment accumulates in the pool areas of
the reserviors.

12
13

13 14 15 16 17 18 19

stem of the Missouri River." And then it list the

purposes for these project, which are I guess
several and can be competing.

How does the Corps manage the system for all of these purposes?

MR. GET: Objection. Under -- I
don't have a problem with the question itself that came at the end, but I have a problem with the entire lead-in that suggested that -- and assumed that there was the potential for competing interest among the

14 15 16 17 18 19

It accumulates primarily in the head waters of the main stem of the river, the Missouri River,

Q A

Where in the pool areas?

20 21 22 23 24 25

20
21 22 23 24

and in the tributary arms.
Q And the tributary arms are where tributaries to the Missouri flow into the Missouri or

purposes of the dam.
You can answer if you can.

25
Page 59

the reserviors behind the dams? A That's correct. Q The report says that the fact that the
Page 61

1

THE WITESS: Our main stem reservoir
system is managed through the criteria laid out in our Master Manual, which is a master guidance manual

1

amount of sediment passing through the system has
been reduced to zero has far reaching influence. Can you tell me what that means to you in your capacity as head of the Sedimentation Branch
within the Hydrologic Engineering Division?

2
3

2 3

4
5 6 7 8

for operation of the main stem dams that has release criteria from the reserviors set out based on
storage, needs, so on and so forth. I do not get

4
5 6 7

involved with management of the main stem dams. The management of our main stem reservoirs is done at our
Division offce.

9
10
11

BY MS. SNYDER-VARNS:

8 9 10
11

Could you be more specific there? Sedimentation within the Missouri River basin is significant; right?
A

Q

MR. GET: Objection.
BY MS. SNYDER-VARNS:

Q

And the Master Manual is developed through

Q
A

According to this report?

12
13

a process that is outside of your area of

12
13

It can be.

14 15 16 17

responsibilty; is that what you're saying? A That is correct, yes. Q But you follow the Master Manual in
carrying out your responsibilties within the
Hydrologic Engineering Division?

18 19 20 21 22 23 24 25

The Master Manual does not have really any impact on the sedimentation program.
A

Q There's nothing in the Master Manual to address sedimentation?
A

14 15 16 17 18 19 20 21

Q And all of the sedimentation that formerly flowed down the Missouri has been stopped by the main

stem reservoir system according to this report; is that true?
A

Yes.

Q And seiment is accumulating within the reservoir system; right? A Yes. Q
A

And that accumulation has far reaching
Yes.

Q intercept the sediment from one of the largest and most productive seiment producing regions in the

Not to my knowledge, no. The report here says that "These dams now

22
23 24 25

influence; correct?
Q And you told me that this sediment accumulates atthe head waters of the Missouri. And

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1 by that, do you mean head waters of each reservoir?

1 surface elevations for flows entering the backwater

2 A Right, the head waters of the main stem
3 reserviors.

2 reaches of Oahe exist where the Moreau flows into

3 Oahe?
4
5

4 Q And is that where the Missouri flows into
5 the reservoir?

MR. GETE: Objection. Can you put a
time period on it?
BY MS. SNYDER-VARNS:

6 A Right.
9 A Yes.

6
7

7 Q And then it's also accumulating where the
8 tributaries flow into the reserviors?

Q Do higher water surface elevations exist in
the backwater areA now where the Moreau flows into

8
9 10 11 12 13 14 15 16 17 18 19

Oahe?

10 Q What is the far reaching influence that
11 this is talking about?

A In the delta area, yes. Q Has the water surface elevation in this
area increased over time since construction of Oahe?

12 A Without having the report in front of me, I
13 don't think I can answer that question because they 14 probably discuss that more in detail between pages
15 one and 23.

A In the delta area, yes. Q Has it been a gradual process?

A Yes.
Q Have the water surface elevations ever
decreased as opposed to increased?

16 Q On page 23 it does talk about it in a
17 little bit more detaiL. It says that "Sediment 18 deltas are forming in the upstream end of each
19 reservoir resulting not only in the loss of reservoir 20 storage capacity but also in higher water surface 21 elevations for flows entering the backwater reaches

A Not to my knowledge, no.
Q When we're talking about loss of reservoir

20
21 22 23 24 25

storage capacity, to put it into layman's terms, does
that mean that the reservoir can store less water

22 of the pools."

because it's fillng with sediment?

23 So the influence that it's talking about is
24 that the reserviors lose storage capacity as sediment

A That's right. Q And when you have higher surface water
levels in the backwater reaches of Oahe's pool, does
Page 65

25 accumulates?

Page 63

1 A That's correc.
2 Q Has Oahe lost storage capacity as a result
3 of the accumulation of sediment?

1 that mean the sediment is pushing the water upward

2 physically?

3 MR. GETE: Can I hear that queston
4 back?
5 6 7

4 A Yes.
5 Q Another of the far reaching influences of
6 sediment accumulating within the main