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Tim O’Laughlin, Esq. O’Laughlin & Paris, LLP 870 Manzanita Court, Suite B Chico, CA 95926
Dear Mr. O’Laughlin: BAY-DELTA WATER RIGHTS HEARING: SUBPOENA OF STATE WATER RESOURCES CONTROL BOARD STAFF Enclosed is a copy of the executed subpoena duces tecum regarding deposition that you requested be issued to the State Water Resources Control Board (SWRCB). You may consider it to have been served. Thomas Howard has been designated as the witness to be deposed. Since Mr. Howard supervised the preparation of the Draft Environmental Impact Report for Implementation of the 1995 Bay/Delta Water Quality Control Plan, he is the person who is most knowledgeable regarding the subjects of the deposition. If a question requires particular detail, Mr. Howard may consult his staff during breaks in the deposition. Consistent with our oral discussions, I have made arrangements to use the hearing room in the Paul R. Bonderson Building, at 901 P Street, for the deposition. The date of the deposition will be November 5, 1998, and it can be continued on November 6, 1998 if necessary. It is my understanding that you will make arrangements for a court reporter to transcribe the deposition, and that you will notify all of the parties on the service list of the date, time, place, and subject matter of the deposition, so that they may attend and ask their own questions. It is my further understanding that you and your clients prefer that no Board Member be in attendance at the deposition, because you are concerned that a Board Member might hear information that would not become evidence in the hearing. The Board Members will honor your request, but please be advised that I or other parties may offer the deposition transcript in evidence in the hearing. While the SWRCB will, of course, honor your request to do this examination as part of a deposition, nothing precludes you from requesting and obtaining a subpoena to call Mr.Howard as a witness during the hearing. If you have any questions, I can be reached at (916) 657-2102.
Sincerely, /s/ 10/26/98 Barbara J. Leidigh Senior Staff Counsel |
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