! " # $ DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO 109 Eighth Street, Suite 104 Glenwood Springs, CO 81601-3303 (970) 945-5075 CONCERNING THE APPLICATION FOR DETERMINATION OF SURFACE WATER RIGHTS OF MAROON CREEK LIMITED LIABILITY COMPANY IN PITKIN COUNTY ▲ COURT USE ONLY ▲ Case Number: 2016CW3063 Cynthia F. Covell, Esq. Andrea L. Benson, Esq. Alperstein & Covell, P.C. 1600 Broadway, Suite 900 Denver, CO 80202 Phone: (303) 894-8191 Fax: (303) 861-0420 Email:cfc@alpersteincovell.com Covell Atty. Reg. No.10169; Benson Atty. Reg. 33176 Water Division 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 Hornbacher, Director of Utilities & Environmental Initiatives 130 South Galena Street Aspen, Colorado 81611 (970) 920-5110 2) Name of structures: All structures identified 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 numerous water rights decreed for diversion from Maroon Creek and the Roaring Fork River and its tributaries, including certain water rights that Applicant has contracted for use on the property that is the subject of this Application, which may be injured by the requested determination of surface water rights. 1 b) Applicant must demonstrate that the request for determination of surface water rights does not create a new water right or expand the decreed amount or use of the water rights identified in the Application and that they can be operated in a manner so as to avoid injury to Aspen’s water rights. a) Aspen demands that Applicant be put to strict proof with respect to each element of its claims, including, without limitation: i) The reasonably anticipated future legal and physical availability, in terms of quantity and timing, of water from the subject water rights herein; ii) Whether Applicant formed the requisite intent to appropriate the water rights requested to be determined by this Application; iii) The anticipated depletions to Maroon Creek and the Roaring Fork River, in terms of quantity, location and timing, which will result from diversions under the subject water rights; iv) The means by which the subject water rights will be effectively curtailed when they are out of priority to prevent injury; v) The measurement, reporting and water handling obligations which must be assumed by Applicant in order to ensure lawful diversions of the subject water rights for which a determination is sought in this Application, and the terms and conditions, including measurement, reporting and water handling obligations, that should be included in any decree of water rights ultimately approved by the Court; vi) Whether the subject water rights sought to be determined in this case can be decreed and operated without injury to Aspen’s own water rights. 2) The Application does not contain sufficient information to allow Aspen to state more specific grounds for objection, and Aspen therefore denies all allegations contained in the Application other than those specifically addressed above. Aspen reserves the right to state additional, more specific grounds for objection as more information becomes available. 3) This Statement of Opposition shall be deemed applicable to any subsequent amendments of the Application, so that the filing of additional or renewed Statements of Opposition will not be necessary. Dated this 31st day of October, 2016. 2 ALPERSTEIN & COVELL, P.C. By: ________________________________ ATTORNEYS FOR OBJECTOR CITY OF ASPEN 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. 3 VERIFICATION AND ACKNOWLEDGMENT OF PERSON HAVING KNOWLEDGE OF FACTS STATED IN STATEMENT OF OPPOSITION STATE OF COLORADO ss. COUNTY OF PITKIN David Hornbacher, being duly sworn upon oath, states he is the Director of Utilities and Environmental Initiatives 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 thisgm? day of October, 2016. (David/Hornbacher WV Subscribed and sworn to before me this?/ day of October, 2016, by David Hombachez. Witness my hand and of?cial seal My Commission expires: 91/021914? AZ 11,1 [i Notary Public .0. 111??3?; 111,, - 1 era, (SEAL) - 6? 1-K if?? na' 1- L?f {Frija? a 11111 THIS DOCUMENT WAS PURSUANT TO RULE 12] OF THE COLORADO RULES OF CIVIL PROCEDURE. DULY SIGNED ORIGINAL ONFILE AT THE OFFICES OF ALPERSTEIN COVELL P.C. CERTIFICATE OF SERVICE I hereby certify that on the 31st day of October, 2016, a true and correct copy of the foregoing STATEMENT OF OPPOSITION OF CITY OF ASPEN was served electronically via ICCES on: Party COLORADO WATER CONSERVATION BOARD DIVISION 5 ENGINEER Attorney Firm Method Derek L. Turner CO Attorney General E-Service Division 5 Water Engineer State of Colorado DWR Division 5 E-Service Nicole D. GarrimoneMAROON CREEK LIMITED LIABILITY COMPANY Campagna Haley M. Carmer STATE ENGINEER Colorado Division of Water Resources E-Service Garfield and Hecht PC State of Colorado-Division E-Service of Water Resources ______________________________ 5