DISTRICT COURT, WATER DIVISION NO. 5,
COLORADO
109 – 8th Street, Suite 104
             
  
                        
Glenwood Springs, Colorado 81601-3361
                          
______________________________________________
   
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CONCERNING THE APPLICATION FOR WATER
RIGHTS OF THE TWIN LAKES RESERVOIR AND
CANAL COMPANY
IN PITKIN COUNTY, COLORADO
______________________________________________ ▲ COURT USE ONLY ▲
John M. Ely, Pitkin County Attorney
____________________________
Laura C. Makar, Assistant Pitkin County Attorney
530 East Main Street, Suite 302
Case No. 15CW3050
Aspen, Colorado 81611
970-920-5190
970-920-5198 (FAX)
John.Ely@pitkincounty.com
Laura.Makar@pitkincounty.com
Atty. Reg. #14067
Atty. Reg. #41385
STATEMENT OF OPPOSITION
1.

Name, mailing address and telephone number of opposer:
Board of County Commissioners of Pitkin County (“Pitkin  County”)
c/o John M. Ely, Pitkin County Attorney
530 East Main Street, Third Floor
Aspen, Colorado 81611
(970) 920-5190

2.

State facts as to why the application should not be granted or why it should be granted
only in part or on certain conditions:
a.

Pitkin County owns surface water and ground water rights and has contractual
interests and agreements pertaining to water rights, water use, and conservation
easements throughout the Roaring Fork River Basin that may be materially
injured or impaired if the application is granted without appropriate limitations
and protective conditions.

b.

Pitkin County and the applicant are parties to agreements governing the
administration and operation of the Independence Pass Transmountain Diversion
System. Applicant must be held to the terms of such agreements.

 In re: Twin Lakes Reservoir & Canal Co.
Case No. 15CW3050
Page 2
c.

d.

3.

Applicant must be placed on strict proof with respect to each element of each
claim for absolute or conditional water right, including, but not limited to, the
following:
i.

Applicant’s ownership of or enforceable property interest in the structures
and water right included in the application;

ii.

That the water can and will be diverted or otherwise captured and
controlled and will be beneficially used;

iii.

That the water has been diverted or otherwise captured and controlled and
been placed to beneficial use in accordance with prior decrees for any
claim to make absolute;

iv.

The protective terms and conditions which must be imposed on applicant
to  prevent  injury  to  Pitkin  County’s  water  rights;;  and

v.

The measurement, recording, and water handling obligations that must be
assumed by the applicant in order to assure proper compliance with all the
terms and conditions in any decree ultimately entered herein.

The application does not provide sufficient information for Pitkin County to
determine whether other grounds for objection exist and, therefore, Pitkin County
reserves the right to state further grounds for objection as more information
becomes available.

This statement of opposition is continuing in nature and shall apply equally to any
amended application that may be filed herein, so that the filing of separate statements of
opposition to any such amended application will be unnecessary.
DATED this 30th day of September 2015.
PITKIN COUNTY ATTORNEY’S OFFICE

By:

/s/ Laura C. Makar
Attorney for Opposer Board of County
Commissioners of Pitkin County

 CERTIFICATE OF SERVICE
I hereby certify that on this 30th day of September 2015, a true and correct copy of the
foregoing STATEMENT OF OPPOSITION was filed with the clerk of the District Court,
Pitkin County and served on the following via the Integrated Colorado Courts E-filing System
(ICCES):
Karl D. Ohlsen
Johanna Hamburger
Carlson, Hammond & Paddock, L.L.C.
1900 Grant Street, Suite 1200
Denver, Colorado 80203
State Engineer
1313 Sherman Street, Room 818
Denver, CO 80203
Division 5 Water Engineer
202 Center Drive
Glenwood Springs, CO 81601

By /s/Jane Achey