DISTRICT COURT, WATER DIVISION NO.5, STATE OF COLORADO DATE FILED: December 21, 2016 10:34 AM FILING ID: C802BCC4790BB CASE NUMBER: 2016CW3129 Garfield County Courthouse 1 09 Eighth Street, Suite 104 Glenwood Springs, CO 81601-3303 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 1-larris, No. 39026 Western Resource Advocates 2260 Baseline Road, Suite 200 Boulder, CO 80302 (303)444-1188; FAX (303) 786-8054 bart.millerwestemresources.org rob.harriswesternresources.org Case No. 16 CW 3129 STATEMENT OF OPPOSITION 1. Name, mailing address, and telephone number of Opposer: Wilderness Workshop Attn: Will Roush, Conservation Director P0 Box 1422 Carbondale, CO 81623 (970) 963-3977; FAX (970) 963-8447 Address for Service of Pleadings: Bart Miller Robert Harris Western Resource Advocates 2260 Baseline Road, Suite 200 Boulder, CO 80302 (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. Wilderness Workshop (WW) is a 501(c)(3) dedicated to preservation and conservation of the wilderness and natural resources of the White River National Forest and adjacent public lands. WW engages in research, education, legal advocacy and grassroots organizing to protect the ecological integrity of local landscapes and public lands. WW focuses on the monitoring and conservation of air and water quality, wildlife species and habitat, natural communities and lands of wilderness quality. WW is the oldest environmental nonprofit in the Roaring Fork Valley, dating back to 1967 with a membership base of over $00. Many of our members live, work, recreate and otherwise use and enjoy lands managed by the WRNF including the Castle and Maroon Creek Valley and the Maroon Bells-Snowmass Wilderness. b. Wilderness Workshop 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 (Coto. 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 Wilderness Workshop E-Iiled per C.R.C.P. 121 Duly signed original on file at Western Resource Advocates 2 VERIFICATION STATE OF COLORADO ) )s.s. COUNTY OfGc\,) I, Sloan Shoemaker, state under oath that I have read the foregoing statement of opposition, and verify its conten ,.-7? -- --- Slàan Shoemaker, on behalf of Subscribed and affirmed, or sworn to before me in the County of Colorado, this I day of December, 2016. My commission expires: (.o 2_Ci FeSc-rcnj. - S mess Workshop , State of CHARIWVOVLER $tate a! Colorado (p1) N taryP lic j Notary ID 20144006140 My Commission Expires Feb 8. 2018 CERTIFICATE OF SERVICE I certify that on this 21st day of December, 2016, I served a true and correct copy of the above STATEMENT OF OPPOSITION in the captioned case via ICCES to all parties of record: Robert Harris E-filed per C.R.C.P. 121 Duly signed original on file at Western Resource Advocates 4