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

DATE FILED: December 29, 2016 12:28 PM
FILING ID: 9521F567EB857
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:
Colorado Trout Unlimited
c/o David Nickum, Executive Director
1536 Wynkoop Street, Ste. 320
Denver, CO 80202
(303) 440-2937

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.

Colorado Trout Unlimited (“CTU”) is a conservation organization whose
mission is to protect, conserve, and restore Colorado’s coldwater fisheries and
their watersheds. CTU was founded in 1969 and is a leading non-profit, nonpartisan organization dedicated to Colorado’s rivers. CTU is comprised of
approximately 11,000 members from 24 chapters across the state who
contribute roughly 44,000 volunteer hours annually to restoration, education,
and other local conservation projects. Many of CTU’s members, supporters,

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

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

CTU has standing to oppose the application under C.R.S. § 37-92-302(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 29th 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 Diwsion 5
Case No. 

Statement of Opposition

Page 3

VERIFICATION

STATE OF COLORADO 
ss.
COUNTY OF Dew? 

I, David Nickum, state that I have read this Statement or" Opposition, have personal knowledge
of the facts stated. and verify the contents to the beet of my knowledge, information, and belief.

David Nicitum Date: 17,qu 

 

Subscribed and sworn to before me this lqji day of December, 2016. by David Nickum, as
the Executive Director for Colorado Trout Unlimited.

Witness my hand and of?cial seal.
My Commission expires: 3030 .

JAKOBBVACHAL

SIATEOFOOIDHADO
NOTARYIDZOIW


 

 

 

 

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

This doeument was filed with the Court through the electronic ?ling procedures. under
C.R.C.P. 121 til-26. As required. a printable signed copy is on file with
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 29th 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