DATE FILED: 30, 2015 1:42 PM DISTRICT COURT, WATER DIVISION NO. 5, FILING ID, 1333131313 STATE OF COLORADO CASE NUMBER: 2015CW3050 109 Eighth Street, Suite 104 GlenWOOd Springs, CO 81601-3303 (970) 945-5075 CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE TWIN LAKES RESERVOIR AND CANAL COMPANY FOR FINDINGS OF COURT USE ONLY A REASONABLE DILIGENCE AND TO MAKE ABSOLUTE PORTIONS OF THE INDEPENDENCE PASS TRANSMOUNTAIN DIVERSION SYSTEM IN PITKIN COUNTY, COLORADO. F. Covell, Esq. Andrea L, Benson, Esq. Case Number: 2015CW3050 Alperstein Covell, P.C. 1600 Broadway, Suite 900 9 a a Denver, CO 30202 84CW162, 80CW180, Phone: (303) 894-8191 76: W-7229 W-64, 3082) Fax: (303) 861-0420 . Covell Atty. Reg. No.10169; Benson Atty. Reg. 33176 Water DIVISIOH NO- 5 STATEMENT OF OPPOSITION OF THE CITY OF ASPEN 1) Name, mailing address and telephone number of Objector: City of Aspen c/O David Hombacher, Director of Utilities Environmental Initiatives 130 South Galena Street Aspen, Colorado 81611 (970) 920?51 10 2) Name Of structures: All structures identi?ed in the Application. 3) State facts Why Application should not be granted or Why it Should be granted only in part or on certain conditions: a) Aspen owns water rights decreed for diversion from the Roaring Fork River and/or its tributaries. b) Aspen requests that Applicant demonstrate that it has exercised diligence in the development of the conditional water rights for which diligence is sought, and, to the extent Applicant seeks to make a conditional water right absolute, that Applicant demonstrate that the water has in fact been diverted in accordance with its decrees, and applied to bene?cial use, and that the water so diverted and used is not water previously decreed absolute. 4) The Application does not contain suf?cient information to allow Aspen to state more speci?c grounds for objection, and Aspen therefore denies all allegations contained in the Application other than those speci?cally addressed above. Aspen reserves the right to state additional, more speci?c grounds for objection as more information becomes available. 5) This Statement of Opposition shall be deemed applicable to any subsequent amendments of the Application, so that the ?ling of additional or renewed Statements of Opposition will not be necessary. Dated this 551121213; of September, 2015. ALPERSTEIN COVELL, P.C. By: ATTORNEYS FOR OBJECTOR CITY OF ASPEN THIS DOCUMENT WAS PURSUANT TO RULE I 2 I OF THE COLORADO RULES OF CIVIL PROCEDURE. DULYSIGNED ORIGINAL ON FILE AT THE OFFICES OF ALPERSTEIN COVELL P. C. VERIFICATION AND ACKNOWLEDGMENT OF PERSON HAVING KNOWLEDGE OF FACTS STATED IN STATEMENT OF. OPPOSITION STATE OF COLORADO ss. COUNTY OF PIT KIN Phil Overeynder, being duly sworn upon oath, states he is the Utilities Engineer Special Projects, for the City of Aspen, Opposer herein, and he has read the foregoing Statement of Opposition, and has personal knowledge of the facts stated therein, and veri?es the contents to the best of his knowledge, information, and belief. Dated this of September, 2015. ?82 Phil Overeyt?fder y, Subscribed and sworn to before me this day of September, 2015, by Phil Overeynder. Witness my hand and official seal. My Commission expires: otar): Public Leg ?6,465; Mon (SEAL) THIS DOCUMENT WAS E-FILED PURSUANT TO RULE 121 OF THE COLORADO RULES OF CIVIL PROCEDURE. DULY SIGNED ORIGINAL ON FILE AT THE OFFICES OF ALPERSTEIN COVELL P. C. CERTIFICATE OF SERVICE I hereby certify that on the 30th day of September, 2015, a true and correct copy of the foregoing STATEMENT OF OPPOSITION OF CITY OF ASPEN was served electronically Via ICCES on: 1% Attorney Method DIVISION 5 ENGINEER Division 5 Water Engineer 3:33;: EOIOrado DWR E-Service ?f ETWIN LAKES RESERVOIR AND CANAL COMPANY 8? gE-Service- THIS DOCUMENT WAS E-FILED PURSUANT TO RULE 12} OF THE COLORADO RULES OF CIVIL PROCEDURE. DULY SIGNED ORIGINAL ON FILE A THE OFFICES OF ALPERSTEIN CO VELL P. C.