I)ISTRICT COURT, WATER DIViSION NO. 5,
STATE OF COLORADO

DATE FILED: December 21, 2016 10:40 AM
FILING ID: 351EB924D27C6
CASE NUMBER: 2016CW3129

Garfield County Courthouse
109 Eighth Street, Suite 104
Glenwood Springs, CO 8 1601-3303

CONCERNING THE APPLICATIONS FOR
WATER RIGHTS OF:
COURT USE ONLY
THE CITY OF ASPEN ON CASTLE CREEK
in Pitkin County
Attorneys:
Bart Miller, No. 27911
Robert Harris, No. 39026
Western Resource Advocates
2260 Baseline Road, Suite 200
Boulder, CO 80302
(303) 444-1188; FAX (303) 786-8054
bart.miller@westernresources.org
rob.harriswesternresources.org

Case No. 16 CW 3129

STATEMENT OF OPPOSITION

1. Name, mailing address, and telephone number of Opposer:
Western Resource Advocates
2260 Baseline Road, Suite 200
Boulder, CO 80302
(303) 444-1 188; FAX (303) 786-8054
Address for Service of Pleadings:
Bart Miller
Robert 1-larris
Western Resource Advocates
2260 Baseline Road, Suite 200
Boulder, CO $0302
(303)444-1188

 2. facts as to why the Application should not be granted or why it should be granted only
in part or on certain conditions:
a. Western Resource Advocates is a nonprofit conservation organization dedicated to
protecting the Interior West’s land, air, and water. We promote river restoration and
water conservation, advocate for a clean and sustainable energy future, and protect
public lands for present and future generations.
b. Western Resource Advocates and its members in their individual capacities are
‘persons” under C.R.S. § 37-92-103(8) entitled to submit this Statement of
Opposition pursuant to C.R.S. § 37-92-302(1)(b).
c. The Applicant must be held to strict proof of each averment and element of the
Application. Without limitation, the Applicant must satisfy its burden of showing a
specific plan and intent to divert, store, or otherwise capture, possess, and control the
quantity of water claimed in the Application for specific beneficial uses, within the
meaning of C.R.S. § 37-92-103(3)(a) and applicable case law. further, the Applicant
must satisfy its burden of demonstrating a “substantial probability” that it “can and
will put the conditionally appropriated water to beneficial use within a reasonable
period of time.” Pagosa Area Water & Sanitation Dist. v. Trout Unlimited, 170 P.3d
307, 3 13-14 (Cob. 2007); see also C.R.S. § 37-92-305(9)(b).
d. Opposer reserves the right to raise additional grounds for objection as further
information becomes available through discovery or otherwise.
3. Opposer requests that if any further amendment to the Application is deemed necessary
by the Water Court or by the Applicant, this Statement of Opposition shall be considered
sufficient for purposes of opposing the amended application without the necessity of
filing a further Statement of Opposition.
Respectfully submitted this 21st day of December, 2016.

Bart Miller, No. 27911
Robert Harris, No. 39026
Attorneys for Western Resource Advocates
E-filed per C.R.C.P. 121
Duly signed original on file at Western Resource Advocates

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 VERIFICATION

STATE OF COLORADO

)
) s.s.

COuNTY OF BOULDER

)

I, Robert Harris, state under oath that I have read the foregoing statement of opposition,
and verify its content.

Robert Harris, on behalf of Western Resource Advocates
Subscribed and affi,ied, or sworn to before me in the County of Boulder, State of
Colorado, this t—ttày of December, 2016.
/

My commission expires:

/

/
]

/

Notary Publi

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PENELOPE C ANDERSON
Notary Public
State of Colorado
Notary ID 19994035339
MyC
ssion Expires Dec 21,

=

2019

 CERTIFICATE OF SERVICE

I certify that on this 21st day of December, 2016, 1 served a true and correct copy of the
above STATEMENT OF OPPOSITION in the captioned case via ICCES to all parties of
record:

/4,
Robert Harris
E-filed per C.R.C.P. 121
Duly signed original on file at Western Resource Advocates

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