District Court, Water Division 5
State of Colorado
109 8th Street, Suite 104
Glenwood Springs, CO 81602
(970) 928-3065

DATE FILED: December 27, 2016 4:59 PM
FILING ID: 746BBA1C257DF
CASE NUMBER: 2016CW3128

CONCERNING THE APPLICATION FOR WATER RIGHTS OF:
COURT USE ONLY

THE CITY OF ASPEN
Case Number:
In Maroon Creek or its tributaries
16CW3128
In Pitkin County, Colorado
Attorneys:

Paul L. Noto, No. 34074
Jason M. Groves, No. 46692
Patrick, Miller & Noto, P.C.
197 Prospector Road, Ste. 2104A
Aspen, CO 81611

Phone Number: (970) 920-1030
Fax Number:
(970) 927-1030

Division Courtroom

E-Mail: noto@waterlaw.com
groves@waterlaw.com

STATEMENT OF OPPOSITION

1.

Name, address, and telephone number of the Objector:
Roaring Fork Land & Cattle Company
c/o Jason Ludington
PO Box R3
Aspen, CO 81612
(970) 920-6775

2.

with copies of pleadings to:
Patrick, Miller & Noto, P.C.
197 Prospector Road, Ste. 2104A
Aspen, CO 81611
(970) 920-1030

Facts as to why application should not be granted, or why it should be granted only in
part on certain conditions:
A.

Objector owns vested water rights and decreed conditional water rights which
may be injured if the court approves the application as filed.

B.

Applicant should be put to strict proof as to each and every claim and element
of the application.

 District Court, Water Division 5
Case No. 16CW3128
Statement of Opposition
Page 2

C.

Objector reserves the right to raise additional grounds for objection as further
information becomes available.

D.

Objector requests that if the Applicant amends the application, this Statement
of Opposition will be sufficient to oppose the amended application without
filing another statement of opposition.

Dated this 27th day of December, 2016.

PATRICK, MILLER & NOTO, P.C.
A Professional Corporation

By:___________________________
Paul L. Noto, No. 34074
Jason M. Groves, No. 46692
197 Prospector Road, Ste. 2104A
Aspen, CO 81611
(970) 920-1030
ATTORNEYS FOR THE OBJECTOR

 District Court, Water Division 5
Case No. 16CW3 [28

Statement ofOpposition

Page 3

VERIFICATION

STATE OF COLORADO 
SS.
COUNTY OF GARFIELD 

I, Michael Erion, P.E., state that I have read this Statement of Opposition, have personal
knowledge of the facts stated, and verify the contents to the best of my knowledge, information,
and belief.


Dal?: ?r

 

Subscribed and sworn to before me this 2 in?day of December, 2016, by Michael Erion,
P.E. .

Witness my hand and of?cial 5 al.
My Commission expires: 

 



The person signing this veri?cation is: the Objector?s Engineer.

 

This document was ?led with the Court through the electronic ?ling procedures, under
C.R.C.P. 121 ?1-26. As required, a printable signed copy is on ?le with
Patrick, Miller Noto, P.C.

District Court, Water Division 5
Case No. 16CW3128
Statement of Opposition
Page 4

CERTIFICATE OF SERVICE
I certify on this 27th day of December, 2016 that I served a copy of the foregoing
document via ICCES on the following individuals:
Cynthia F. Covell, Esq.
Andrea L. Benson, Esq.
Alyson K. Scott, Esq.
Alperstein & Covell, P.C.
1600 Broadway, Ste. 900
Denver, CO 80202
[City of Aspen]

Bart Miller, No. 27911
Robert Harris, No. 39026
Western Resource Advocates
2260 Baseline Road, Ste. 200
Boulder, CO 80302
[Western Resource Advocates]
[Wilderness Workshop]

_______________________________________
Hannah Mink