EFILED Document
DATE
FILED:
MayCourt
21, 2010
CO Garfield
County
District
9th 5:42
JD PM
CASE
NUMBER:
2009CW145
Filing Date: May 21 2010 3:42PM MDT
Filing ID: 31254204
Review Clerk: Jessica Lodders

 ALPERSTEIN COVELL, 12c,

A A A 

 

Alan Martellaro, Division Engineer
May 21, 2010
Page 2

reasonable diligence in development of these water rights. Finally, at any time the City of Aspen
seeks to make this water right absolute, we understand it will be required to identify those
speci?c uses at that time. Thus, we believe that ?all beneficial uses? as originally decreed for
these water rights is properly included in the attached diligence decree.

2. The applicant should submit supplemental information on the topographic map
showing the service boundaries for the City of Aspen for all the intended uses and the Sections,
Township and Range identified. A topographic map showing Aspen?s current service areas,
which may be amended from time to time, is attached as Exhibit to the proposed decree
submitted herewith.

3. The claim for diligence is thin and should be supplemented with additional
information. . . . The applicant must also demonstrate a continuing and legitimate need and the
ability to develop the remaining conditional portion of the water rights. As discussed above in
response to your concern additional information supporting the claim for diligence is
contained in the attached proposed decree. Specifically, paragraph 11 explains work done
towards development of these particular water rights and the need and ability of the City to
develop the same.

Please feel free to contact me if we can provide any additional information.

Sincerely yours,



- Andrea L.-Benson -
alb/m

cc: Phil Overeynder
Counsel of Record (Via LexisNexis File Serve)

FilesMspen?tMC CC Reservoirs Diligence 2009\mattellaro 052110.wpd-