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

DATE FILED: December 28, 2016 11:52 AM
FILING ID: 4BBEB3373B22E
CASE NUMBER: 2016CW3129

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

THE CITY OF ASPEN
Case Number:
In Castle Creek or its tributaries
16CW3129
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:
American Rivers
c/o Matt Rice, Colorado River Basin Director
1536 Wynkoop Street, Office 321
Denver, CO 80202
(303) 454-3395

2.

with copies of pleadings to:
Patrick, Miller & Noto, P.C.
197 Prospector Road,
Suite 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.

American Rivers is a non-profit, national river conservation organization
whose mission is to protect wild rivers, restore damaged rivers, and conserve
clean water for people and nature. Since 1973, American Rivers has protected
and restored over 150,000 miles of river through advocacy, on the ground
projects, and through the annual America’s Most Endangered Rivers
campaign. American Rivers has more than 200,000 members, supporters, and

 District Court, Water Division 5
Case No. 16CW3129
Statement of Opposition
Page 2

volunteers throughout the country, with many members who live, work, or
otherwise recreate in and near the lands and rivers that would be impacted by
the development of Applicant’s claimed water rights.
B.

American Rivers has standing to oppose the application under C.R.S. § 37-92302(1)(b) (2016).

C.

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

D.

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

E.

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 28th 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

 Dis 
trict Court. Water Division 5
ase No. 

Statem 
ent of osition
Page 3 pp



 

STATE OF COLORADO 
ss.
COUNTY OF law/LC 

1, Matt Rice, state that I have read this Statement ofOpposition, have personal knowledge of the
facts stated, and verify the contents to the best ofmy knowledge, information, and belief.

 

Matt Rice Date:

 

Subscribed and sworn to before me this gg?hday of December, 2016, by Matt Rice, as the
Colorado Conservation Director for American Rivers.

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

JAKOB VACHAL
NOTARY PUBLIC

 

 

 

STATE OF COLORADO -
NOTARY IO 201W NOtary PUW
MY COMMISSION EXPIRES 8. 2020

 

 

 

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

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 tile 
Patrick, Miller Noto, P.C.

District Court, Water Division 5
Case No. 16CW3129
Statement of Opposition
Page 4

CERTIFICATE OF SERVICE
I certify on this 28th 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]

Kevin L. Patrick, Esq.
Christopher R. Stork, Esq.
Patrick, Miller & Noto, P.C.
197 Prospector Road, Ste. 2104A
Aspen, CO 81611
[Double R Creek, Ltd.]

Rhonda J. Bazil, Esq.
Rhonda J. Bazil, P.C.
420 E. Main Street, Ste. 240
Aspen, CO 81611
[Asp Properties, LLC]

_______________________________________
Hannah Mink