DATE FILED: December 29, 2016 4:54 PM FILING ID: D2DD6263BD0E8 CASE NUMBER: 2016CW3128 DISTRICT COURT, WATER DIVISION 5, STATE OF COLORADO Garfield County Courthouse 109 8th Street, Suite 104 Glenwood Springs, CO 81601 IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF THE CITY OF ASPEN, COLORADO ▲COURT USE ONLY▲ IN PITKIN COUNTY, COLORADO James J. DuBois U.S. Department of Justice Environment and Natural Resources Division 999 18th Street South Terrace – Ste. 370 Denver, CO 80202 Atty. Reg. No. 13206 Phone Number: (303) 844-1375 FAX Number: (303) 844-1350 E-mail: james.dubois@usdoj.gov Case Number: 16CW3128 UNITED STATES OF AMERICA’S STATEMENT OF OPPOSITION 1. Name and address of Objector: United States of America c/o U.S.D.A. Forest Service Regional Hydrologist 740 Simms Street Golden, CO 80401 2. Name of ditch or structure: 3. Statement of facts as to why the application should not be granted or should only be granted in part or on certain conditions: a. Maroon Creek Reservoir. The United States of America is the owner of the lands upon which the structure identified in the application is to be located. These lands are administered by the U.S. Forest Service. Federal law prohibits any person Statement of Opposition Case No. 16CW3128 from entering, using, or otherwise occupying any area of the National Forest System unless such activities are permitted by the Forest Service. b. Maroon Creek Reservoir would impound water that would inundate lands within the Maroon Bells – Snowmass Wilderness Area. Pub. L. No. 96560. Development of Maroon Creek Reservoir is not authorized by Pub. L. No. 96-560 or any existing Special Use Permit or land use authorization. Under the Wilderness Act of 1964, 16 U.S.C. §§ 1131-1136, the U.S. Forest Service cannot authorize any new development of conditional water rights, including the conditional water right requested in Case No. 16CW3128 in the Maroon Bells – Snowmass Wilderness Area. c. Because the Applicant does not hold a valid right to use or occupy National Forest System lands, and the U.S. Forest Service lacks authority to authorize development of Maroon Creek Reservoir within the Maroon Bells – Snowmass Wilderness Area, the Applicant cannot show that it can and will complete the claimed appropriation within a reasonable time. 4. The United States is unable to determine from the résumé whether additional grounds for opposition exist, and therefore reserves the right to assert other grounds for opposition as they become known. The Applicant should be put on a strict burden of proof on all issues. 5. This Statement of Opposition is continuing in nature and shall apply to any and all future amendments to the original application. DATED this 29th day of December, 2016. JOHN C. CRUDEN Assistant Attorney General PURSUANT TO C.R.C.P. RULE 121, SECTION 126(9), A DULY SIGNED COPY OF THIS DOCUMENT IS ON FILE AT THE OFFICES OF THE DEPARTMENT OF JUSTICE. By: _____________________________ JAMES J. DUBOIS, #13206 U. S. Department of Justice Environmental and Natural Resources Division ATTORNEYS FOR OPPOSER UNITED STATES OF AMERICA Statement of Opposition Case No. 16CW3128 CERTIFICATE OF SERVICE I hereby certify that on the 29th day of December 2016, a true and correct copy of the foregoing UNITED STATES OF AMERICA’S STATEMENT OF OPPOSITION was electronically served via Colorado Courts E-Filing on all parties of record. PURSUANT TO C.R.C.P. RULE 121, SECTION 1-26(9), A DULY SIGNED COPY OF THIS DOCUMENT IS ON FILE AT THE OFFICES OF THE DEPARTMENT OF JUSTICE. Carla Valentino Paralegal Specialist Statement of Opposition Case No. 16CW3128