District Court, Water Division 5, Colorado Garfield County Courthouse 109 8th Street, Suite 104 Glenwood Springs, CO 81601 (970) 928-3065 DATE FILED: December 21, 2016 2:13 PM FILING ID: 79E3624307091 CASE NUMBER: 2016CW3129 ___________________________________________________________ CONCERNING THE APPLICATION FOR WATER RIGHTS OF: THE CITY OF ASPEN, COLORADO IN PITKIN COUNTY COURT USE ONLY Attorney for Opposer Asp Properties, LLC: Case Number: Rhonda J. Bazil, P.C. Rhonda J. Bazil, #14921 420 E. Main Street, Suite 240 Aspen, CO 81611 Phone Number: (970) 925-7171 Email: rjbazil@sopris.net 16CW3129 Fax Number: (970) 925-4668 Division: Courtroom: STATEMENT OF OPPOSITION 1. Name, mailing address, email address and telephone number of Opposer: Asp Properties, LLC 5241 Arnold Ave. McClellan, CA Phone: (808) 756-6031 with copies of pleadings to: Rhonda J. Bazil, Esq. Rhonda J. Bazil, P.C. 420 E. Main Street, Suite 240 Aspen, CO 81611 Phone: (970) 925-7171 Fax: (970) 925-4668 Email: rjbazil@sopris.net 2. Structure: Castle Creek Reservoir. 3. State facts as to why the application should not be granted or why it should be granted only in part or on certain conditions: a. Opposer is the owner of water rights which may be adversely impacted if the subject application is granted without appropriate conditions. b. Applicant should be put to strict proof as to each and every element of its claim. c. Objector reserves the right to raise additional grounds for opposition as further information becomes available. d. This statement of opposition shall be of continuing force and effect and shall apply to all amendments to the application filed herein. STATEMENT OF OPPOSITION In re the Application of the City of Aspen, Colorado Page 2 of 4 Respectfully submitted this 21st day of December, 2016. RHONDA J. BAZIL, P.C. By:______________________________ Rhonda J. Bazil ATTORNEY FOR OPPOSER STATEMENT OF OPPOSITION In re the Application of the City of Aspen. Colorado Page 3 of 4 VERIFICATION AND ACKNOWLEDGMENT OF PERSON HAVING KNOWLEDGE OF THE FACTS STATED IN THIS STATEMENT OF OPPOSITION Being ?rst duly sworn, I hereby state that I have read this Statement of Opposition, that I have personal knowledge of the facts stated and verify its contents to the best of my knowledge, information, and belief. /z/z//zo/6 Micha ff??rion ?Date The foregoing instrument was acknowledged before me in the County of (3M State of Colorado, this day of . 20 Ha . by the Michael Erion as the Opposer?s engineer. My Commission Expires: 03 50:7 Notary Public/Deputy Clerk The person signing this veri?cation is the Opposer?s engineer. STATEMENT OF OPPOSITION In re the Application of the City of Aspen, Colorado Page 4 of 4 CERTIFICATE OF SERVICE I hereby certify that on December 21, 2016, I filed and served a true and correct copy of the foregoing on the following: Cynthia F. Covell Andrea L. Benson Alyson K. Scott Alperstein & Covel, P.C. 1600 Broadway, Suite 900 Denver, CO 80202 [City of Aspen] Kevin L. Patrick Christopher R. Stork Patrick, Miller & Noto, P.C. 197 Prosperctor Road, Suite 2104A Aspen, CO 81611 [Double R Creek Limited] Bartless Phillip Miller Robert Kortum Harris Western Rescource Advocates 2260 Baseline Road, Suite 200 Boulder, CO 80302 [Western Rescource Advocates] [Wilderness Workshop] ____________________________________ Rebecca L. Moller