DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES  EFILED Document   REPORT OF THE DIVISION DATE FILED: 22, 2009 CO Garfield CountyDecember District Court 9th 2:00 JD PM Bill Ritter, Jr.  CASE NUMBER: 2009CW145 Filing Date: Dec 22 2009 12:00PM MST Governor  Filing ID: 28631513 Harris D. Sherman  Review Clerk: Kathy Hall ENGINEER SUMMARY OF CONSULTATION Executive Director  Dick Wolfe, P.E.  Director/State Engineer  Alan C. Martellaro, P.E.  Division Engineer  CASE NO.: APPLICANT: 09CW145 City of Aspen STRUCTURE Maroon Creek Reservoir Castle Creek Reservoir APPL. CLAIM Due Diligence Due Diligence The application was filed with the court on September 30, 2009. CONCERNS I cannot recommend approval of this application until the following concerns are addressed: 1. The applicant needs to clarify the intent of the use of water for “other beneficial uses”. Otherwise, diligent effort on a vague claim such as “other beneficial uses” cannot be shown. 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. 3. The claim for diligence is thin and should be supplemented with additional information. It is unclear how “… the overall maintenance, repair and improvement of its water system infrastructure to enable it to more efficiently and effectively provide water service to its existing and future customers.” constitutes diligence. The applicant must also demonstrate a continuing and legitimate need and the ability to develop the remaining conditional portion of the water right. RECOMMENDATIONS Based on the above concerns, the State and Division Engineers ask that the issues discussed in this consultation be addressed prior to granting any finding of reasonable diligence. Information requested in this consultation should be submitted to the Division 5 Water Court. DATE: December 18, 2009 SIGNED: _____________________________________________ Alan C Martellaro, P.E., Division Engineer Staff Assigned: Judy Sappington CRS 1973, 37-92-302(4), signed into law May 17, 1988, provides that the applicant or the applicant's attorney shall mail or deliver a copy of this consultation to all parties of record who filed a statement of opposition to this application. The statute also requires that the applicant or his/her attorney shall file a certificate of mailing with the water clerk for Water Division 5, confirming that this consultation (and attachment) is mailed to any and all opposing parties. Report of Division Engineer – Summary of Consultation – Case No. 09CW145 - Page 2 of 2 CERTIFICATE OF MAILING I hereby certify that on this 22nd day of December, 2009 a true and correct copy of the foregoing Summary of Consultation of the Division Engineer was served to the individuals listed below, either electronically through LexisNexis File and Serve or by firstclass U.S. Mail, as indicated: Dick Wolfe, P.E., State Engineer Division of Water Resources 1313 Sherman Street Room 818 Denver, CO 80203 Electronically Served Alperstein and Covell PC Andrea L Benson 1600 Broadway, Suite 2350 Denver, CO 80202-4923 Electronically Served _____________________________________ Water Division 5  •  Glenwood Springs  P.O. Box 396 (50633 US Hwy 6 & 24) • Glenwood Springs, CO 81602  • Phone: 970‐945‐5665 • Fax: 970‐945‐8741  www.water.state.co.us